HB2779 - 571R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-303, Arizona Revised Statutes, is amended to read:

START_STATUTE8-303. Taking into temporary custody; interference; release; separate custody; violation; classification

A. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.

B. A child shall be taken into temporary custody:

1. Pursuant to an order of the juvenile court.

2. Pursuant to a warrant issued according to the laws of arrest.

C. A juvenile may be taken into temporary custody:

1. By a peace officer pursuant to the laws of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has committed a delinquent act or the child is incorrigible.

2. By a peace officer if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.

3. By a private person as provided by section 13-3884.

D. A peace officer shall take a juvenile into temporary custody pursuant to the laws of arrest, with or without a warrant, when there are reasonable grounds to believe that either:

1. The juvenile has committed a criminal act or a delinquent act which if committed by an adult could be a felony or breach of the peace.

2. The juvenile has been apprehended in commission of a criminal act or a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.

E. A peace officer who takes a juvenile into temporary custody pursuant to subsection D of this section shall advise the juvenile before questioning of the juvenile's juvenile Miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable,~~pursuant to subsection D of this section,~~ [~~shall advise the juvenile~~] ~~before questioning~~ [of] ~~the~~ [~~juvenile's~~] ~~juvenile~~ [~~miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable~~], shall make a good faith effort to notify the juvenile's parents, guardian or custodian of the juvenile's custody, unless doing so would pose a risk to the juvenile. After making the custody notification, a the peace officer shall also advise the juvenile's parents, guardian or custodian of the juvenile's juvenile Miranda rights. If a the juvenile is a ward of the THIS state, a the peace officer shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody.

f. If a peace officer takes a juvenile into temporary custody pursuant to subsection D of this section on school property, an employee of the school shall immediately notify the juvenile's parents, guardian or custodian of the juvenile's custody, unless doing so would pose a risk to the juvenile or to an ongoing investigation. If the juvenile is a ward of this state, a school employee shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody. FOr the purposes of this subsection, "school" has the same meaning prescribed in section 15-101I. If a peace officer takes a juvenile into temporary custody pursuant to subsections D of this section on school property, an employee of the school shall immediately notify the juvenile's parents, guardian or custodian of the juvenile's custody, unless doing so would pose a risk to the juvenile or to an ongoing investigation. If the juvenile is a ward of this state, a school employee shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody. FOr the purposes of this subsection, "school" has the same meaning prescribed in section 15-101.

F. g. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court.

G. h. A person who knowingly interferes with the taking of a juvenile into temporary custody under the provisions of this section is guilty of a class 2 misdemeanor.

H. i. In determining if WHETHER a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8-481.END_STATUTE

Sec. 2. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-249.08, to read:

START_STATUTE15-249.08. Training program; school officers and security; certification; definitions

A. The department of education shall establish a training program for law enforcement officers and security personnel who are employed by a school district or charter school in this state. The department shall provide a certificate of completion to each individual who successfully completes the training program.

B. Each school district in this state shall require any law enforcement officer or security personnel employed by the school district, including employment through a third-party contractor, to complete the training program established pursuant to subsection A of this section not later than one month after the individual begins working for the school district. An individual who successfully completed the training program less than two years before the date on which the individual begins working for the school district is not required to complete the training program if the individual submits to the school district a valid certificate of completion. A school district may terminate an employee or contractor who fails to complete the training program required by this subsection. A charter school may choose to require a law enforcement officer or security officer employed by the charter school, including employment through a third-party contractor, to complete the training program established pursuant to subsection a of this section.

~~A school district or charter school may terminate an employee or contractor who fails to complete the training program required by this subsection.~~C. For the purposes of this section:

1. "Law enforcement officer":

(a) Means a peace officer, school resource officer or school safety officer who is employed by a school district or charter school in an off-duty capacity.

(b) Does not include a school resource officer who is assigned to a school district or charter school pursuant to the school safety program established by section 15-154.

2. "School safety officer" means a school resource officer who is working in an off-duty capacity. END_STATUTE

Sec. 3. Effective date

Section 15-249.08, Arizona Revised Statutes, as added by this act, is effective from and after June 30, 2026.~~. A if the individual submits to the school district or charter school a valid certificate of completion~~The department of education shall establish a training program for law enforcement officers and security personnel who are employed by a school district or charter school in this state. The department shall provide a certificate of completion to each individual who successfully completes the training program.

B. Each school district and charter school in this state shall require any law enforcement officer or security personnel who is employed by the school district, including employment through a third-party contractor, to complete the training program established pursuant to subsection A of this section not later than one month after the individual begins working for the school district or charter school, except that an individual who successfully completed the training program less than two years before the date on which the individual begins working for the school district or charter school is not required to complete the training program.

~~C. For the purposes of this section:~~

~~1. "Law enforcement officer":~~

(~~a) Means a peace officer, school resource officer or school safety officer who is employed by a school district or charter school in an off-duty capacity.~~

(~~b) Does not include a school resource officer who is assigned to a school district or charter school pursuant to the school safety program established by section 15-154.~~

~~2. "School safety officer" means a school resource officer who is working in an off-duty capacity~~.

~~3.Section 15-249.08, Arizona Revised Statutes, as added by this act, is effective~~