ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2114: law enforcement officers; database; rules

Sponsor:  Representative Allen J, LD 15

Committee on Public Safety

Overview

Prohibits a prosecuting agency from placing a law enforcement officer's name in a database unless the officer is provided advanced written notice.

History

By the preliminary hearing in a felony case, or the arraignment if no preliminary hearing is held, the State is required to give reports available to the defendant that the charging attorney possessed when the charge was filed. These reports must contain the following information:

1)    All existing original and supplemental reports prepared by a law enforcement agency in connection with the charged offense; and

2)    For each expert who examined a defendant or any evidence in the case:

a)    The expert's name, address and qualifications;

b)    Any report prepared by the expert or test results conducted by the expert; and

c)    A summary of the general subject matter and opinions on which the expert is expected to testify if the expert will testify at trial without preparing a written report.

The State must also make available various information within its possession no later than 30 days after arraignment in the superior court or at the first pretrial conference in a limited jurisdiction court. This information includes:

1)    The name and address of each person the State intends to call as a witness;

2)    Any statement of the defendant and any co-defendant;

3)    A list of documents and tangible evidence the State intents to use at trial or that were obtained from or purportedly belong to the defendant; and

4)    A list of the defendant's prior felony convictions the State intends to use at trial. (16A A.R.S. Rules Crim. Proc., Rule 15.1).

Provisions

1.    Prohibits a prosecuting agency from placing a law enforcement officer's name in a rule 15.1 database (database) unless the officer is provided written notice at least 10 days before the agency intends to place the officer's name in the database. (Sec. 1)

2.    Instructs the prosecuting agency to send the written notice by certified mail, return receipt requested, to the law enforcement officer's employment address and last known residential address. (Sec. 1)

3.    Requires the written notice to include:

a)    A notice of intent to place the law enforcement officer's name in the database;

b)    The law enforcement officer's right to appeal the allegations and placement in the database;

c)    The prosecuting agency's procedural requirements for submitting a written appeal; and

d)    A statement requiring a written appeal to be submitted by the law enforcement officer to the prosecuting agency within five business days after receiving the notice. (Sec. 1)

4.    Prohibits the prosecuting agency from placing the law enforcement officer's name in the database until after the officer's appeal is concluded. (Sec. 1)

5.    Directs a prosecuting agency that maintains a database to adopt a policy that includes the following:

a)    The criteria used by the agency to place a law enforcement officer's name in the database;

b)    The law enforcement officer's right to receive written notice of the prosecuting agency's intent to place the officer's name in the database at least 10 days before placing the officer's name in the database;

c)    The law enforcement officer's right to appeal and submit supporting evidence; and

d)    The applicable timeframe and procedures for notifying the law enforcement officer of the prosecuting agency's final decision on the officer's appeal. (Sec. 1)

6.    Directs the prosecuting agency to produce rule 15.1 disclosure information in all cases. (Sec. 1)

7.    States this does not limit or restrict a prosecuting agency's ability to remove a law enforcement officer's name from the database if the prosecuting agency determines the officer's name no longer requires placement in the database. (Sec. 1)

8.    Prohibits a law enforcement agency from using the placement of a law enforcement officer's name in a database as the sole reason from taking or denying various employment actions against an officer. (Sec. 1)

9.    Defines prosecuting agency and rule 15.1 database. (Sec. 1)☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

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13.  Initials ES              Public Safety

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