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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
law enforcement investigations; applicability
(NOW: misconduct investigations; time limit; applicability)
Purpose
Requires all law enforcement misconduct investigations for which notice of an allegation of misconduct was received prior to September 24, 2022, to be completed within one year of the general effective date, with certain exceptions.
Background
An employer must make a good faith effort to complete any investigation of employee misconduct within 180 calendar days after the employer receives notice of the allegation by a person authorized by the employer to initiate an investigation of the misconduct. The investigation is considered complete on the date the employee is served with the notice of discipline or the notice of findings. The employer may continue the investigation beyond the 180-calendar day period only if it is demonstrated that additional time is necessary to obtain or review evidence, and a written explanation of the reasons for the extension must be provided to the employee. Subject to certain conditions, an investigation must be dismissed if it is not complete at the conclusion of the extension period (A.R.S. § 38-1110).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an employer who received notice of an allegation of law enforcement misconduct prior to September 24, 2022, to complete the misconduct investigation within one year of the general effective date.
2. States that, if the employer does not complete the investigation within one year of the general effective date, the investigation is dismissed.
3. States that this legislation does not apply to misconduct investigations:
a) for which notice was received after September 24, 2022;
b) that are suspended during a criminal investigation or prosecution;
c) that are suspended during a period of time when an officer involved in the misconduct investigation is incapacitated or otherwise unavailable; and
d) that are suspended for a period prescribed in a written waiver by the law enforcement officer.
4. Repeals this legislation on January 1, 2025.
5. Becomes effective on the general effective date.
Amendments Adopted in Committee
· States that this legislation does not apply to investigations that are suspended during a criminal investigation or prosecution.
Amendment Adopted by the House of Representatives
· Expands exceptions to the completion timeframe for officer misconduct investigations to include misconduct investigations that are suspended:
a) due to an officer's incapacitation or unavailability; and
b) in accordance with a written waiver of the limitation.
Senate Action House Action
MAPS 2/15/23 DPA/SE 7-0-0 MAPS 3/20/23 DP 8-7-0-0
3rd Read 3/2/23 19-11-0 3rd Read 5/15/23 31-27-1-0-1
Prepared by Senate Research
May 30, 2023
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