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House Engrossed
law enforcement officers; database; rules |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2295 |
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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; request for reconsideration; definitions
B. At a minimum, the written notice shall include:
1. A notice of possible placement in the rule 15.1 database.
2. The law enforcement officer's right to request relevant materials from the prosecuting agency.
3. The law enforcement officer's right to provide input to the prosecuting agency before the prosecuting agency makes a determination of whether the law enforcement officer's name should be added to the rule 15.1 database.
4. The prosecuting agency's procedural requirements for a law enforcement officer to provide the input.
C. If the prosecuting agency makes a determination to place the law enforcement officer's name in the rule 15.1 database, the prosecuting agency shall send a written notice by mail or email to the law enforcement officer's current or last known employment address. On receipt of the notice and if the law enforcement officer's contact information is available, the law enforcement officer's current or last known employer shall provide the written notice to the law enforcement officer. The notice shall include:
1. The law enforcement officer's right to make a request to reconsider the allegations and placement in the rule 15.1 database.
2. The prosecuting agency's procedural requirements for submitting a written request for reconsideration, including the method and time frame for submitting the request for reconsideration and any supporting and corroborating documents and evidence from any pertinent sources.
3. A statement that, If the law enforcement officer intends to make a request to reconsider the placement in the rule 15.1 database, the law enforcement officer must submit the written request for reconsideration to the prosecuting agency within ten business days after receiving the notice.
D. If a law enforcement officer submits a request for reconsideration pursuant to this section and the law enforcement officer's request for reconsideration is approved by the prosecuting agency on its merits, the law enforcement officer's name shall be removed from the rule 15.1 database. If the law enforcement officer's request for reconsideration is denied by the prosecuting agency, the law enforcement officer's name shall remain in the rule 15.1 database. If a law enforcement officer does not submit a request for reconsideration or fails to comply with the requirements for submitting a request for reconsideration, the law enforcement officer's name shall remain in the rule 15.1 database.
E. 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 at least ten days before the prosecuting agency intends to consider placing the law enforcement officer's name in the rule 15.1 database and the law enforcement officer's right to provide input to the prosecuting agency before the prosecuting agency makes a determination of whether the law enforcement officer's name should be added to the rule 15.1 database.
3. The duty of the prosecuting agency to provide notice of the prosecuting agency's decision regarding placing the law enforcement officer's name in the rule 15.1 database to the law enforcement officer's current or last employer.
4. The law enforcement officer's right to make a request for reconsideration of the placement of the law enforcement officer's name in the rule 15.1 database and submit supporting and corroborating documents and evidence in support of the request for reconsideration.
5. The applicable time frame and procedures for notifying the law enforcement officer of the prosecuting agency's final decision on the law enforcement officer's request for reconsideration.
F. This section does not limit the duty of a prosecuting agency to produce rule 15.1 disclosure information in all cases as required by the Arizona rules of criminal procedure.
G. This section does not limit or restrict a prosecuting agency's ability to remove a law enforcement officer's name from the 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 law enforcement officer's name no longer requires placement in the rule 15.1 database.
H. 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 law enforcement officer:
1. Demotion.
2. Suspension.
3. Termination.
4. Any other disciplinary action.
I. Notwithstanding subsection H of this section, a law enforcement agency is not restricted in using the underlying facts that were the basis for placing the law enforcement officer's name in the rule 15.1 database for taking a disciplinary action against the law enforcement officer in accordance with the law enforcement agency's adopted procedures and governing law.
J. A prosecuting agency that maintains a rule 15.1 database shall use the database only to make a report that is required by the United States Constitution, the Arizona constitution, rule 15.1, Arizona rules of criminal procedure, or any other rule that is adopted by the Arizona supreme court.
K. For the purposes of this section:
1. "Prosecuting agency" means the attorney general, a county attorney from 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 the United States Constitution, the Arizona constitution, rule 15.1, Arizona rules of criminal procedure, or any other rule that is adopted by the Arizona supreme court.