ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

HB 2340: disciplinary appeals; final disposition reporting

Sponsor: Representative Payne, LD 21

Committee on Military Affairs & Public Safety

Overview

Specifies requirements for disciplinary action appeal authorities and law enforcement agencies (Agency) following a final appeal decision.

History

Administrative rights for law enforcement officers (LEOs) are outlined in Title 38, Chapter 8, Article 1. This article in statute is also known as the Peace Officer's Bill of Rights (A.R.S. § 38-1101 et al).

Current statute states that a hearing officer, administrative law judge or appeals board must officially document circumstances where a party violated its obligations defined in statute (A.R.S § 38-1106).

A rule 15.1 database is a repository of LEO's who have a sustained administrative finding against them of dishonesty or untruthfulness. This database is also know as the "Brady List, or the LEO integrity list (16A A.R.S. Rules Crim.Proc., Rule 15.1).

Provisions

1. States that immediately after a LEO receives the final disposition of an appeal, an administrative law judge, hearing officer or presiding authority must provide its final appeal decision to the law enforcement agency (Agency) that initiated the disciplinary action. (Sec. 1)

2. Stipulates an Agency must include the final appeal disposition report in its original investigation record. (Sec. 1)

3. Requires an Agency to forward the final appeal disposition report to the applicable prosecuting agency if the LEO under investigation was entered into the prosecuting agency's rule 15.1 database. (Sec. 1)

4. Makes technical and conforming changes. (Sec. 1)

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8. HB 2340

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