House Engrossed

peace officers; investigator membership requirements

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

CHAPTER 322

HOUSE BILL 2567

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:

START_STATUTE38-1117. Law enforcement officer investigation and discipline committee, board or entity; membership; qualifications; exception

A. Notwithstanding any other law, at least two-thirds of the voting membership of any government committee, board or entity that investigates law enforcement officer misconduct, that influences the conduct of or certifies law enforcement officer misconduct investigations, that recommends disciplinary actions for law enforcement officer misconduct or that imposes discipline for law enforcement officer misconduct must be Arizona peace officer standards and training board certified law enforcement officers who are of any rank and who are from the same department or agency as the law enforcement officer who is the subject of the investigation or disciplinary action.  If the committee, board or entity consists of nonvoting members, not more than one-third of the members may be nonvoting members.

B.  If a committee, board or entity does not meet the requirements prescribed in subsection A of this section, a supervisor, a department or an agency head that supervises a law enforcement officer may investigate and impose discipline for a law enforcement officer's misconduct if the supervisor, department or agency head acts independently of the committee, board or entity.

C. This section does not apply to a governmental review committee, board or entity that does not determine the initial level of discipline or have the authority to increase the severity of the disciplinary action.

D. the requirement prescribed in subsection A of this section that members of the government committee, board or entity be from the same department or agency does not apply to the Arizona peace officer standards and training board. END_STATUTE

APPROVED BY THE GOVERNOR MAY 5, 2021.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 5, 2021.