Chapter 0386 - 552R - S Ver of HB2721

Senate Engrossed House Bill

law enforcement officers: AZPOST

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

CHAPTER 386

HOUSE BILL 2721

An Act

repealing section 38-1117, Arizona Revised Statutes, as amended by Laws 2021, chapter 403, section 16; amending section 38-1117, Arizona Revised Statutes, as added by Laws 2021, chapter 322, section 1; repealing Laws 2021, chapter 403, section 28; 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. Repeal

Section 38-1117, Arizona Revised Statutes, as amended by Laws 2021, chapter 403, section 16, is repealed.

Sec. 2. Section 38-1117, Arizona Revised Statutes, as added by Laws 2021, chapter 322, section 1, is amended to read:

START_STATUTE38-1117. Law enforcement officer investigation and discipline committee, board, agency, department, office, entity or person; membership; qualifications; exceptions; statewide concern; definition

A. Notwithstanding any other law, at least two-thirds of the voting membership members, staff, employees or seats of any government committee, board, agency, department, office 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. Any findings or recommendations from any government committee, board, agency, department, office or entity shall require a MAJORITY vote to do any of the following:

1. investigate law enforcement officer misconduct.

2. influence the conduct of or certify law enforcement officer misconduct investigations.

3. RECOMMEND disciplinary actions for law enforcement officer misconduct.

4. impose discipline for law enforcement officer misconduct.

B. C. If a the person or GOVERNMENT committee, board, agency, department, office or entity does not meet the requirements two-thirds requirement 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 the law enforcement officer's misconduct if the supervisor, department or agency head acts independently of the person, committee, board, agency, department, office or entity.

C. D. This section does not apply to any of the following:

1. A person or governmental review a government committee, board, agency, department, office, civil service board or entity that only reviews the actions described in subsection A of this section and that does not determine the initial level of discipline or have the authority to increase the severity of the disciplinary action.

D. 2. 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.

3. A multijurisdictional law enforcement agency or task force or a similar entity that is charged with investigating the use of force by law enforcement officers, if at least two-thirds of the membership of the multiJURISDICTIONAL law enforcement agency or task force or the similar entity consists of arizona peace officer standards and training board certified law enforcement officers.

4. An entity that investigates federal employment discrimination.

E. The legislature finds that setting and maintaining standards of professionalism and integrity of law enforcement officers in this state are of statewide concern.

F. For the purposes of this section, "members, staff, employees or seats":

1. Includes any person who participates in the following:

(a) investigating law enforcement officer misconduct.

(b) influencing the conduct or certification of law enforcement officer misconduct investigations.

(d) imposing discipline for law enforcement officer misconduct.

2. does not include support or administrative staff or any person who only reviews the actions of the remainder of the government committee, board, agency, department, office or entity. END_STATUTE

Sec. 3. Repeal

Laws 2021, chapter 403, section 28 is repealed.

Sec. 4. Retroactivity

Section 38-1117, Arizona Revised Statutes, as amended by this act, and Laws 2021, chapter 322, section 1 apply retroactively to from and after December 31, 2020.