PREFILED JAN 08 2020
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REFERENCE TITLE: law enforcement officers; database; rules |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2114 |
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Introduced by Representative Allen J
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AN ACT
amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38‑1117; relating to law enforcement officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1117, to read:
38-1117. Law enforcement officers; database; notice; appeal; definitions
A. A prosecuting agency may not place a law enforcement officer's name in a rule 15.1 database unless the officer is provided written notice at least ten days before the prosecuting agency intends to place the officer's name in the database. The prosecuting agency shall send the written notice by certified mail, return receipt requested, to the officer's employment address and the officer's last known residence address. If the address for the officer's last known residence is not available from the officer's employer, the prosecuting agency shall send the notice by certified mail, return receipt requested, to only the officer's last known employment address.
B. At a minimum, the written notice must include:
1. A notice of intent to place the law enforcement officer's name in a rule 15.1 database and a summary of the reasons for placing the officer's name in the database.
2. The law enforcement officer's right to appeal the allegations and placement in the rule 15.1 database.
3. The prosecuting agency's procedural requirements for submitting a written appeal, including the method and timeframe for submitting the appeal and any supporting and corroborating documents and evidence from any pertinent sources.
4. A statement that, If the law enforcement officer intends to appeal the placement, the officer must submit the written appeal to the prosecuting agency within five business days after receiving the notice.
C. If a law enforcement officer submits an appeal pursuant to this section, The prosecuting agency may not place the officer's name in the database until after the officer's appeal is concluded. If the officer's appeal is approved by the prosecuting agency on its merits, the officer's name may not be placed in the rule 15.1 database. If the officer's appeal is denied by the prosecuting agency, the officer’s name shall be placed in the rule 15.1 database. If an officer does not submit an appeal or fails to comply with the requirements for submitting an appeal, the officer's name shall be placed in the rule 15.1 database.
D. A prosecuting agency that maintains a rule 15.1 database shall adopt a policy that, at a minimum, includes all of the following:
1. The criteria used by the prosecuting agency to place a law enforcement officer's name in the rule 15.1 database.
2. The law enforcement officer's right to receive written notice of the agency's intent to place the officer's name in the rule 15.1 database at least ten days before placing the officer's name in the database.
3. The law enforcement officer's right to appeal the notice and submit supporting and corroborating documents and evidence in support of the appeal.
4. The applicable timeframe and procedures for notifying the law enforcement officer of the prosecuting agency's final decision on the officer's appeal.
E. The prosecuting agency shall produce rule 15.1 disclosure information in all cases as required by the Arizona rules of criminal procedure. If a law enforcement officer's name is placed in a rule 15.1 database, the officer's name is not a public record, is exempt from title 39, chapter 1 and is not subject to disclosure except as provided in this section.
F. This section does not limit or restrict a prosecuting agency's ability to remove a law enforcement officer's name from a rule 15.1 database if, on receipt of additional supporting and corroborating information or a change in factual circumstances at any time, the prosecuting agency determines that the officer's name no longer requires placement in the rule 15.1 database.
G. A law enforcement agency may not use the Placement of a law enforcement officer's name in a rule 15.1 database as the sole reason for taking or denying any of the following employment actions against the officer:
1. Promotion.
2. Demotion.
3. Suspension.
4. Termination.
5. Transfers denied or restricted.
6. Forced transfers.
7. Any other disciplinary action as defined in section 38-1101.
H. A prosecuting agency that maintains a rule 15.1 database shall use the database only to make a report that is required by rule 15.1, Arizona rules of criminal procedure.
I. For the purposes of this section:
1. "Prosecuting agency" means the attorney general, the county attorney of each county and the entity in a city or town that is responsible for prosecuting criminal violations.
2. "Rule 15.1 database" or "database" means any list that a prosecuting agency maintains to comply with rule 15.1, Arizona rules of criminal procedure.