 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
critical incident bureau; establishment; DPS
Purpose
Effective July 1, 2025, establishes the Major Incident Division (MID) within the Department of Public Safety (DPS) and appropriates $24,400,000 from the state General Fund (state GF) to DPS and appropriates $600,000 from the state GF in FY 2023 to the Arizona Criminal Justice Commission (ACJC).
Background
DPS consists of the following
divisions:1) Arizona highway patrol; 2) narcotics enforcement and criminal
investigation; 3) scientific criminal analysis; and 4) training and education (A.R.S.
§ 41-1712).
The Arizona Peace Officer Standards and Training Board (AZPOST) is tasked
with providing reasonable minimum qualifications for officers to become
certified peace officers in Arizona. The qualifications include U.S.
citizenship and physical, mental and moral fitness and govern the recruitment,
appointment and retention of all peace officers in Arizona (A.R.S.
§ 41-1822).
H.B. 2650 appropriates a total of $25,000,000 from the state GF in FY 2023.
Provisions
1. Requires DPS to create and maintain the MID.
2. Appropriates $24,400,000 from the state GF in FY 2023 to DPS to establish and maintain the MID.
3. Appropriates $600,000 from the state GF in FY 2023 to ACJC to distribute to regional law enforcement task forces.
4. Requires the Superintendent of the MID to:
a) be selected on the basis of training and experience;
b) have at least five years experience in the administration of law enforcement; and
c) be a certified peace officer.
5. Allows the Director of DPS (Director) to adopt rules governing the policies, procedures and administration of all activities of the MID.
6. Requires the MID to:
a) use AZPOST certified investigators who have completed outlined investigative training identified by the Director and approved by AZPOST;
b) conduct independent investigations of critical force incidents; and
c) investigate a criminal allegation against a peace officer employed by the law enforcement agency at the request of a sheriff or chief of police.
7. Requires each law enforcement agency in Arizona to require the MID, a regional law enforcement task force or another law enforcement agency, to perform the criminal investigation of any critical force incidents in Arizona.
8. Defines critical force incident as:
a) any discharge of a firearm by a peace officer due to a use of force encounter, regardless of whether the discharge results in an injury or death of an individual; and
b) an incident involving a peace officer's intended use of deadly force or use of force by any other means that results in death or serious bodily injury of another person, either during an on-duty or off-duty incident while acting under the color of authority.
9. Exempts the monies from lapsing.
10. Becomes effective July 1, 2025.
House Action
MAPS 2/7/22 DPA 15-0-0-0
APPROP 2/9/22 DP 13-0-0-0
3rd Read 2/24/22 50-9-1
Prepared by Senate Research
March 25, 2022
LMM/IJ/slp