ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: MAPS DP 8-5-1-0 | 3rd Read 31-28-1-0

Senate: JUD DP 5-2-1-0 | 3rd Read 16-14-0-0

HB 2295: law enforcement officers; database; rules

Sponsor: Representative Payne, LD 21

Senate Engrossed

Overview

Mandates a prosecuting agency to send written notice to a law enforcement officer's current or last known employment address at least 10 days before a prosecuting agency considers placing the officer's name in the rule 15.1 database (database).

History

At the preliminary hearing in a felony case, or the arraignment if no preliminary hearing is held, Arizona is required to make available to the defendant any reports that the charging attorney possessed when the charge was filed. These reports must contain:

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.

Arizona must also make available any 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, including:

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

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

3)   A list of documents and tangible evidence Arizona intends 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 Arizona intends to use at trial. (16A A.R.S. Rules Crim. Proc., Rule 15.1).

Provisions

1.   Mandates a prosecuting agency to send written notice to a law enforcement officer's current or last known employment address at least 10 days before a prosecuting agency considers placing the officer's name in the database. (Sec. 1)

2.   Requires the written notice to include:

a)   A notice of possible placement in the database;

b)   The law enforcement officer's right to request relevant materials from the prosecuting agency;

c)   The law enforcement officer's right to provide input to the prosecuting agency before the prosecuting agency decides whether the officer's name should be added to the database; and

d)   The prosecuting agency's procedural requirements for a law enforcement officer to provide input. (Sec. 1)

3.   Mandates the prosecuting agency send written notice to the law enforcement officer's current or last known employment address if the prosecuting agency decides to place the officer's name in the database. (Sec. 1)

4.   Directs the law enforcement officer's current or last known employer, on receipt of the written notice from a prosecuting agency, to provide written notice to the officer if the officer's contact information is available. (Sec.1)

5.   Outlines the requirements for the written notice if the prosecuting agency decides to place the law enforcement officer's name in the database. (Sec. 1)

6.   States the law enforcement officer's name must be removed from the database if the officer submits a request for reconsideration and the request is approved by the prosecuting agency. (Sec. 1)

7.   Retains the law enforcement officer's name in the database if the officer:

a)   Submits a request for reconsideration and the request has been denied;

b)   Does not submit a request for reconsideration; or

c)   Fails to comply with the requirements for submitting the request. (Sec. 1)

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

a)   The criteria used by the prosecuting 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 consider placing the officer's name in the database at least 10 days before;

c)   The duty of the prosecuting agency to provide notice to the officer's current or last place of employment of the prosecuting agency's decision to place the officer's name in the database;

d)   The law enforcement officer's right to request a reconsideration of the placement of the officer's name in the database and submit supporting evidence; and

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

9.   States this section does not limit the prosecuting agency to produce rule 15.1 disclosure information in all cases as required by Arizona Rules of Criminal Procedure. (Sec. 1)

10.  States this section 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)

11.  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)

12.  States that a law enforcement agency is not restricted in using the underlying facts that were the basis for placing the officer's name in the database for taking a disciplinary action against the officer in accordance with the law enforcement agency's adopted procedures and governing laws. (Sec.1)

13.  Requires a prosecuting that maintains a database to use the database only to make a report that is required by rule 15.1 of the Arizona Rules of Criminal Procedures. (Sec. 1)

14.  Defines prosecuting agency and rule 15.1 database. (Sec. 1)

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteSenate Amendments

1.   Requires a prosecuting agency to send the written notice at least 10 days, or as soon as practicable, before making a determination to place an officer's name in the database.

2.   Specifies the duty of the prosecuting agency to produce database information includes after the initial placement of an officer's name in the database while the decision or a request for reconsideration is still under consideration.

3.   Directs a prosecuting agency to use the database only to make a charging decision and disclose required information, rather than to make a report, that is required by applicable state and federal laws and rules.

 

 

 

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                        HB 2295

Initials ES        Page 0 Senate Engrossed

 

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