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REFERENCE TITLE: use of force; law enforcement |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2519 |
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Introduced by Representatives Bolding: Cano, Epstein, Longdon, Powers Hannley
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AN ACT
repealing sections 13-409 and 13-410, Arizona Revised Statutes; amending title 13, chapter 4, Arizona Revised Statutes, by adding new sections 13-409 and 13-410; relating to justification.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Sections 13-409 and 13-410, Arizona Revised Statutes, are repealed.
Sec. 2. Title 13, chapter 4, Arizona Revised Statutes, is amended by adding new sections 13-409 and 13-410, to read:
13-409. Justification; use of physical force in law enforcement
A. A Peace officer, in the course of carrying out the peace officer's official duties, must use nonviolent means when possible before using physical force. A peace officer is justified in using physical force only if nonviolent means would be ineffective in making an arrest, preventing an escape or preventing an imminent threat of serious physical injury or death to the peace officer or another person.
B. If a peace officer uses physical force, the officer shall:
1. Use only the degree of physical force that is consistent with minimizing injury to other persons.
2. Ensure that assistance and medical aid are rendered to an injured or affected person as soon as practicable.
3. Ensure that if a person is killed or suffers a serious physical injury, the person's next of kin or any identified relative is notified as soon as practicable.
C. A peace officer may Not use deadly physical force to apprehend a person who is suspected of committing only a minor or nonviolent offense.
13-410. Justification; use of deadly physical force in law enforcement
A. A peace officer is justified in using deadly physical force to make an arrest only when all other means of apprehension are unreasonable given the circumstances and all of the following apply:
1. The arrest is for a felony involving the use or threatened use of deadly physical force.
2. The suspect poses an immediate threat to the peace officer or another person.
3. The force used does not create a substantial risk of injury to other persons.
B. A peace officer shall identify himself as a peace officer and give a clear verbal warning of the peace officer's intent to use a firearm or other deadly physical force with sufficient time for the warning to be observed unless the warning would unduly place the peace officer at risk of injury or would create a risk of death or injury to another person.
C. NOtwithstanding subsections A and B of this section, a peace officer is justified in using deadly physical force if the peace officer has an objectively reasonable belief that a lesser degree of force is inadequate and that the peace officer has objectively reasonable grounds to believe and does believe that the peace officer or another person is in imminent danger of death or serious physical injury.