ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: MAPS DP 8-4-3-0 | 3rd Read 47-12-1-0

Senate: JUD DP 5-1-2-0 | 3rd Read 21-7-2-0

HB 2254: officers bill of rights; preemption

Sponsor: Representative Grantham, LD 12

Transmitted to the Governor

Overview

Specifies that the Peace Officers Bill of Rights (POBR) represent the minimum administrative rights given to peace officers (POs), and employers may only supplement or enhance the provisions by agreement.

History

Administrative rights of POs are outlined in Title 38, Chapter 8, Article 1. Examples of administrative rights include: 1) a law enforcement officer is not subject to disciplinary action except for just cause; 2) before a law enforcement agency (Agency) accepts a complaint against a peace officer, the Agency must inform the person making the complaint that it is a class 1 misdemeanor to knowingly make false statements to an Agency; 3) upon retirement, an officer may purchase the firearms issued by the employer to the officer; 4) an employer shall not include any information about an investigation in the public portion of a law enforcement officer's personnel file until the investigation is complete or discontinued; and 5) a PO shall not be prohibited from carrying a firearm as long as the PO is in compliance with the firearm requirements outlined in by the Arizona Peace Officer Standards and Training Board (A.R.S. § 38-1101 et al).

Employers may replace, change or deviate from the administrative rights outlined in statute by agreement (A.R.S. § 38-1102).

Provisions

1. Specifies that the POBR represents the minimum rights given to POs in the state of Arizona. (Sec. 1)

2. States an employer may only supplement or enhance the rights of POs by agreement. (Sec. 1)

3. Makes conforming changes. (Sec. 1)

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7. HB 2254

8. Initials FK Page 0 Transmitted

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