ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: MAPS DP 7-6-0-1 | 3rd Read 31-28-1-0

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

HB 2567: peace officers; investigator membership requirements

Sponsor:  Representative Kavanagh, LD 23

Transmitted to the Governor

Overview

States requirements for a government committee, board or entity to investigates law enforcement officer’s misconduct.

History

The Arizona Peace Officer Standards and Training (AZPOST) board was established to address the need for minimum peace officer selection, recruitment, retention and training standards and to provide curriculum and standards for all certified law enforcement training facilities.

In addition to training requirements, AZPOST rules have qualifications for certification. Among them are standards regarding a person’s background and criminal history, drug usage and medical history and conditions. Each person applying for certification is required to complete a comprehensive polygraph exam and are highly encouraged to review AZPOST rules to ensure they qualify prior to the process.

Provisions

1.   Requires two-thirds of the voting membership of any government committee, board or entity to be AZPOST certified law enforcement officers who are of any rank and from the same department or agency as the law enforcement officer who is the subject of investigation or disciplinary action if that committee, board or entity:

a)   Investigates law enforcement officer misconduct;

b)   Influences the conduct of or certifies law enforcement officer misconduct investigations;

c)   Recommends disciplinary actions for law enforcement officer misconduct; or

d)   Imposes discipline for law enforcement officer misconduct. (Sec. 1)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates that if the committee, board or entity consists of nonvoting members, no more than one-third of the members can be nonvoting members. (Sec. 1)

3.   Allows a supervisor, a department or agency head that supervises a law enforcement officer to investigate and impose discipline for a law enforcement officer’s misconduct if the committee, board or entity does not meet the requirements to investigate. (Sec. 1)

4.   States this does not apply to a governmental review committee, board or entity that does not determine the initial level of discipline or have authority to increase the severity of the disciplinary action. (Sec. 1)

5.   Exempts AZPOST from the requirement that members of the government committee, board or entity be from the same department or agency. (Sec. 1)

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9.                     HB 2567

10.  Initials ES/SM       Page 0 Transmitted

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