Assigned to APPROP                                                                                          AS PASSED BY COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2168

 

use of force; reports; analysis

Purpose

            Effective January 1, 2022, requires law enforcement agencies to annually collect and report data on use-of-force incidents to the Arizona Criminal Justice Commission (ACJC). Outlines requirements for data collection and reporting and directs the ACJC to annually publish reported data and conduct an analysis of law enforcement agency use-of-force rates.

Background

            The Federal Bureau of Investigations (FBI) created the National Use-of-Force Data Collection in 2015 to provide nationwide statistics on law enforcement use-of-force incidents. Participation in the data collection is voluntary and open to all federal, state, local and tribal law enforcement and investigative agencies. The FBI began collecting use-of-force data from law enforcement agencies on January 1, 2019, and the data collection includes national-level statistics on law enforcement use-of-force incidents and basic information on the circumstances, subjects and officers involved (FBI). In 2020, 5,030 out of 18,514 federal, state, local and tribal law enforcement agencies throughout the nation participated and provided use-of-force data. The most recent use-of-force data is available on the FBI’s Crime Data Explorer website (FBI Crime Data Explorer).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires a law enforcement agency, beginning January 1, 2022, to annually collect and report use-of-force incidents involving law enforcement officers to the ACJC.

2.   Prohibits the reported use-of-force data from including any identifying information on a law enforcement officer.

3.   Requires the use-of-force data to be consistent with the FBI's National Use-of-Force Data Collection.

4.   Requires the ACJC to establish procedures governing the collection and reporting of
use-of-force incident data that are consistent with the National Use-of-Force Data Collection requirements, definitions and methods.

5.   Requires the ACJC, beginning March 1, 2023, and on each subsequent March 1, to publish the statewide aggregate and agency-specific use-of-force data reported during the immediate past year in a publicly available database.

6.   Requires the ACJC, by January 1, 2025, to conduct an analysis of law enforcement agency use-of-force rates and update the report every five years.

7.   Requires the ACJC to release the analysis of trends and disparities in the use-of-force incident data, if available, to the public.

8.   Defines law enforcement agency, National Use-of-Force Data Collection, serious physical injury and use-of-force incident.

9.   Becomes effective on January 1, 2022.

Amendments Adopted by Committee

1.   Removes the reporting requirement to the National Use-of-Force Data Collection and instead requires the use-of-force data to be reported annually only to the ACJC beginning January 1, 2022.

2.   Prohibits the use-of-force data from including any identifying information on a law enforcement officer and requires the data collected and reported to the ACJC to be consistent with the FBI's National Use-of-Force Data Collection.

3.   Requires the ACJC, beginning March 1, 2023, to annually publish the use-of-force data reported during the prior year in a publicly available database.

4.   Makes technical and conforming changes.

House Action                                                           Senate Action

CJR                 2/10/21      DPA     9-0-0-0              APPROP         3/16/21      DPA     10-0-0

3rd Read          2/18/21                    50-10-0

Prepared by Senate Research

March 17, 2021

LMM/DH/kja