Bill Number: H.B. 2295
Petersen
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. States that a
prosecuting agency that is unable to provide notice 10 days before making a
determination to place a law enforcement officer’s name in a rule 15.1 database
must provide the notice as soon as practicable.
2. Specifies that the duty
of a prosecuting agency to produce rule 15.1 disclosure information includes
initial placement of a law enforcement officer in the database while being
considered for placement.
3. Provides that a
prosecuting agency must use the rule 15.1 database only to make a charging
decision rather than a report that is required by applicable state and federal
laws and rules.
Page 1, line
6, after "days" insert ",
or as soon as practicable,"; strike "considers
placing" insert "makes a determination to place"
Lines 10 and
11, strike "and if the law enforcement officer's contact
information is available"
Line 12,
strike "provide" insert "send"
Line 13,
strike "officer" insert "officer's
current or last known address"
Lines 28 and
29, strike "and if the law enforcement officer's contact
information is available"
Line 30,
strike "provide" insert "send";
strike "officer" insert "officer's
current or last known address"
Page 2, line
15, after "days" insert ",
or as soon as practicable,"; strike "intends to
consider placing" insert "makes a determination
to place"
Line 32,
after "by" insert "the
United states Constitution, the Arizona constitution and"
Line 33,
after "procedure" insert ",
including after the initial placement of the law enforcement officer's name in
the rule 15.1 database while the decision or a request for reconsideration is
still under consideration"
Page 3,
strike lines 10 through 14, insert:
"J. A prosecuting agency shall use the rule 15.1 database
for only the following purposes:
1. To make a charging decision.
2. To disclose information that is
required by:
(a) The United States constitution.
(b) The Arizona constitution.
(c) Rule 15.1 of the Arizona rules of criminal procedure and
any other rule that is adopted by the supreme court.
(d) Title 39, chapter 1, article 2.
3. Any
other legal obligation."
Amend title to conform