ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

 

HB 2195: criminal justice data collection; system

Sponsor: Representative Nguyen, LD 1

Committee on Judiciary

Overview

Requires the Arizona Criminal Justice Commission (ACJC) to implement the publicly accessible State, County and Municipal Open Data System (System) and directs criminal justice agencies to submit specified data into the System. Appropriates monies from the state General Fund (GF) to the ACJC to implement, maintain and facilitate data collection into the System.

History

The ACJC is a statutorily created body comprised of 19 members, each of whom represents different aspects of the Arizona criminal justice system (A.R.S. § 41-2404). It is authorized to carry out various functions relating to the administration and management of criminal justice programs in Arizona (A.R.S. § 41-2405).

Current law designates the ACJC as the central collection point for criminal justice data. In fulfilling this role, the ACJC is authorized to require any state or local criminal justice agency to submit any readily reportable information that the agency collects. This includes information relating to the agency's compliance with state and federal reporting requirements or any other information that the ACJC deems necessary (A.R.S. § 41-2408).

A criminal justice agency is defined as either:

1)   A court at any governmental level with criminal or equivalent jurisdiction, including courts of any foreign sovereignty duly recognized by the federal government; or

2)   A government agency or subunit of a government agency that is specifically authorized to perform as its principal function the administration of criminal justice pursuant to a statute, ordinance or executive order and that allocates more than fifty percent of its annual budget to the administration of criminal justice, including of any foreign sovereignty duly recognized by the federal government (A.R.S. §§ 41-2408, 41-1750).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires the ACJC to implement the System and publish it in a modern, open, electronic format that is accessible to the public on the ACJC website. (Sec. 2)

2.   Directs state criminal justice agencies to submit data into the System beginning on January 1, 2024, and delineates the data that specific categories of criminal justice agencies are to submit. (Sec. 2)

3.   Prohibits the ACJC from releasing identifying information or locating information for crime victims, judges, justices, commissioners or peace officers. (Sec. 2)

4.   Requires the ACJC to establish policies to protect confidential information and proscribes the ACJC from making criminal justice data available for political or commercial purposes. (Sec. 2)

5.   Defines alleged offender, criminal justice agency, identifying information, locating information and prosecuting agency. (Sec. 2)

6.   Specifies that the information that ACJC may request from state or local criminal justice agencies must be readily reportable electronically by the agency at the time of the request. (Sec. 1)

7.   Appropriates the following amounts from the GF to the ACJC to implement and maintain the System and create reporting mechanisms for criminal justice agencies:

a)   $4,700,000 in FY 2023-2024;

b)   $4,8000,000 in FY 2024-2025; and

c)   $4,800,000 in FY 2025-2026. (Sec. 3)

8.   Exempts the appropriations from lapsing. (Sec. 3)

9.   Makes technical changes. (Sec. 1)

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13.                    HB 2195

14.  Initials JL   Page 0 Judiciary

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