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REFERENCE TITLE: criminal justice records; reporting; publishing |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1476 |
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Introduced by Senators Mendez: Gabaldón, Hernandez, Sundareshan, Terán; Representative Salman
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An Act
amending title 41, chapter 21, article 1, Arizona Revised Statutes, by adding section 41-2414; relating to the Arizona criminal justice commission.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 21, article 1, Arizona Revised Statutes, is amended by adding section 41-2414, to read:
41-2414. Crime reporting; race; ethnicity information; definitions
A. Each law enforcement agency in this state shall determine and report to the Arizona criminal justice commission the number of individuals who are arrested but released without being charged and the race and ethnicity of each of those individuals.
B. Each prosecutor in this state shall determine and report to the Arizona criminal justice commission the number of individuals for whom formal charges were dismissed and the race and ethnicity of each of those individuals.
C. Each clerk of the court shall determine and report to the Arizona criminal justice commission the number of individuals who were admitted into a program for diversion from prosecution, the race and ethnicity of each of those individuals and the type of diversion program in which the individual participated.
D. The Arizona criminal justice commission shall annually publish on the commission's public website the information required to be reported by this section for the previous calendar year aggregated by county, race, ethnicity and type of diversion program, along with an assessment of the quality of the information received.
E. The Arizona criminal justice commission may coordinate and consult with any agency or entity in this state that is required to compile and report information pursuant to this section.
F. For the purposes of this section:
1. "Arrested but released without being charged" means an individual was taken into custody by a law enforcement agency but was subsequently released from custody without a formal charge being filed against the individual.
2. "Diversion from prosecution" means a prosecutor places a defendant into a program that results in the formal charges being dismissed after the defendant successfully completes the program.
3. "Law enforcement agency" means an agency of this state or a political subdivision of this state that is vested by law with the duty to maintain public order and enforce criminal laws.
4. "Race and ethnicity" means categories of socially significant groupings by which individuals identify themselves, based on physical characteristics and cultural heritage.