The Arizona State Legislature began its 55th session on January 11. Here are some of the law-enforcement-related bills that have been introduced and are being monitored by our partners at the Arizona Police Association (APA).
SB 1396: PSPRS; survivor benefits: Would amend the guideline for a surviving spouse’s pension from the Public Safety Personnel Retirement System, currently set at 40% of the deceased member’s average monthly salary, to that amount or four‑fifths of what the deceased member’s pension would have been on the date of death had the member been retired, whichever is greater.
HB 2295: Law enforcement officers; database; rules: Would require that a prosecuting agency send a notice to a law enforcement officer at least 10 days before considering placing them in a Rule 15.1 database (aka Brady list), and would allow them to appeal being placed in the database. It would also forbid an agency from using an officer’s placement in a Rule 15.1 database as the sole reason for demoting, suspending or firing them.
HB 2348: Failure to return vehicle; offence; repeal: Would repeal Section 13‑1813 of the Arizona Revised Statutes, which classifies as theft the unlawful failure to return a motor vehicle subject to a security interest.
HB 2462: Civilian review board members; training: Would require that, before a person becomes a member of a civilian review board that reviews the actions of peace officers, they must satisfactorily complete a community college police academy and at least 20 hours of virtual law enforcement training.
HB 2504: Appropriations; DPS; salary increase: Would appropriate money from the state’s general fund for a 10% salary increase for all Department of Public Safety employees.
HB 2505: Appropriations; corrections officers; salary increase: Would appropriate money from the state’s general fund for a 10% salary increase for Department of Corrections officers and investigators, as well as for Department of Juvenile Corrections officers.
HB 2567: Peace officers; investigator membership requirements: Would require that at least two-thirds of the voting membership of any government committee, board or other entity that investigates law enforcement misconduct or recommends discipline be made up of POST-certified law enforcement officers from the same agency as the officer who is subject to the investigation.
HB 2763: County officials; practice of law: Would end the prohibition on county sheriffs, constables and deputies from practicing law or forming a partnership with an attorney.
SB 1186: Criminal street gang database; appeal: Would require a local law enforcement agency to provide notice to a person (and their parent or guardian, if under 18) before designating them as a suspected gang member, associate or affiliate in a shared gang database, and would allow the notified individual to appeal that designation.
SB 1419: Highway video surveillance; prohibited: Would prohibit the state and its agencies from conducting video surveillance on controlled access highways and sidewalks, and would repeal statutes authorizing and regulating photo enforcement.
HB 2465: Search warrants; procedures; notifications: Would amend statutes related to search warrants, including requiring judges to notify subjects of an ex parte order for a pen register or trap and trace device, and prohibiting a law enforcement agency from obtaining, using, copying or disclosing information related to a subscriber or customer from a provider of an electronic communication service or remote computing service without a warrant.
HB 2591: Peace officer; liability; unlawful act: States that a peace officer who, in the performance of their duties or through the failure to intervene, deprives another person of any individual right is liable to the injured party for legal or equitable relief, and that qualified immunity is not a defense to this liability.
HB 2618: public nuisance; noise; evidence: Would require that prosecution for a public nuisance that involves noise must include an accurate recording and measurement of the noise by a peace officer or code enforcement officer.
HB 2764: sentencing; concealed weapons permit; surrender: Would require convicted felons to surrender their concealed weapons permit if their conviction makes them ineligible to possess it. If the felon does not surrender the permit, the bill requires the court to revoke it and the Department of Public Safety to locate the defendant and seize the permit.
For further information and updates on these and other current bills, please check the Arizona Legislature’s bill status inquiry page at https://apps.azleg.gov/BillStatus/BillOverview, or visit the APA website at www.azpolice.org. PLEA