ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	HOUSE: MAPS DP 10-3-2-0

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HB 2347: law enforcement; misconduct investigations; extension

Sponsor: Representative Payne, LD 21

Caucus & COW

Overview

Outlines changes to time limitations on disciplinary action investigations against a law enforcement officer (LEO).

History

Current statute requires an employer to provide an LEO with a written explanation containing the reasons why a disciplinary investigation continued beyond 180 calendar days (A.R.S. § 38-1110).

Statute currently states that an appeal of discipline by an LEO may be dismissed by a hearing officer, administrative law judge or appeals board if the appellate authority determines that the employer did not make a good faith effort to complete the investigation within 180 calendar days (A.R.S. § 38-1110).

Provisions

1. Repeals current statute pertaining to employer time limitations for disciplinary actions against an LEO. (Sec. 1) 

2. States an employer may continue an investigation beyond 180 days only if the employer demonstrates additional time is necessary to obtain or review evidence. (Sec. 1)

3. Requires the employer to provide the employee with a written explanation stating why the employer intends to extend the investigation beyond 180 calendar days prior to reaching the 180 day mark in the investigation. (Sec. 1)

4. Stipulates investigation extensions may not exceed 180 calendar days. (Sec. 1)

5. States that if the extension exceeds 180 calendar days, the matter must be dismissed unless:

a) Any criminal investigation or prosecution is pending in connection with the initial investigation;

b) The LEO subject to the investigation is incapacitated;

c) The LEO provides a written waiver;

d) There is a declared state of emergency within the jurisdictional boundaries of the concerned employee; or 

e) The investigation is multijurisdictional. (Sec. 1)

6. States that, upon appeal of discipline by the employee, the hearing officer, administrative law judge or appeals board must dismiss the matter if it was determined the employer did not make a good faith effort to complete the investigation within 180 calendar days or any extension. (Sec. 1)

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                        HB 2347

Initials FK        Page 0 Caucus & COW

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