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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
veterans; emergency admission; transport
Purpose
An emergency measure that grants a peace or police officer who is an employee of the U.S. Department of Veterans Affairs (U.S. VA), the authority to apprehend and transport veterans to a screening or evaluation agency and apply for emergency admission evaluations.
Background
A written application for emergency admission must be made to the evaluation agency before a person may be hospitalized. A telephonic application may not be made less than 24 hours before a written application and must be made by or in the presence of a peace officer unless the application is made by a health care professional. A copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application (A.R.S. § 36-524).
A peace officer may take into custody any individual the officer has probable cause to believe is, because of mental disorder, a danger to self or others, and if during the time necessary to complete the prepetition screening procedures the person is likely, without immediate hospitalization, to suffer serious physical harm or illness or to inflict serious physical harm on another person. The peace officer must transport the person to a screening agency unless the person's condition or the agency's location or hours makes such transportation impractical, in which event the person must be transported to an evaluation agency. A peace officer who makes a good faith effort to follow the requirements of apprehension is not subject to civil liability (A.R.S. § 36-525).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Grants a peace or police officer who is an employee of the U.S. VA the authority to apply for a written or telephonic emergency admission application.
2. Allows a police officer who is an employee of the U.S. VA to take into custody and transport to a screening or evaluation agency a person who is a veteran of the U.S. Armed Forces.
3. Requires, if apprehension takes place on the premises of the apprehended person, a peace or police officer who is an employee of the U.S. VA to take reasonable precaution to safeguard the premises and property.
4. Precludes, from civil liability, a peace or police officer employed by the U.S. VA who makes a good faith effort to follow prescribed requirements.
5. Makes conforming changes.
6. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Prepared by Senate Research
January 30, 2025
KJA/AG/slp