REFERENCE TITLE: peace officer database; disciplinary actions. State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1385 Introduced by Senator Quezada AN ACT amending title 41, chapter 12, article 8, Arizona Revised Statutes, by adding section 41-1828.02; relating to the arizona peace officer standards and training board. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: peace officer database; disciplinary actions.
State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
SB 1385
Introduced by Senator Quezada
REFERENCE TITLE: peace officer database; disciplinary actions.
State of Arizona
Senate
Fifty-fifth Legislature
Second Regular Session
2022
SB 1385
Introduced by
Senator Quezada
AN ACT
amending title 41, chapter 12, article 8, Arizona Revised Statutes, by adding section 41-1828.02; relating to the arizona peace officer standards and training board.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 12, article 8, Arizona Revised Statutes, is amended by adding section 41-1828.02, to read: START_STATUTE41-1828.02. Law enforcement officer database; law enforcement agency reporting; civil action; definition A. The board, in consultation with the attorney general, shall establish and make available on its website a law enforcement officer database that includes the names and discipline record, if any, of every law enforcement officer in this state and that is accessible only to a law enforcement agency that is conducting a background investigation of an applicant for the position of a law enforcement officer. B. within ten days after a final ruling or determination, a law enforcement agency shall report to the board the name of the law enforcement officer and any record of the following actions taken against that law enforcement officer: 1. Any disciplinary action. 2. A substantiated public or internal complaint. 3. Any formal reprimand that is included in the law enforcement officer's personnel record. 4. Any information about an investigation If the law enforcement officer resigns before the investigation is complete. C. Before a law enforcement agency hires an applicant for the position of a law enforcement officer, the law enforcement agency must check for the applicant's name in the database. D. A person may bring an action in superior court to enforce this section. If the court finds that the board or a law enforcement agency failed to comply with this section, the court may award the prevailing party reasonable attorney fees, damages and costs. E. For the purposes of this section, "disciplinary action" has the same meaning prescribed in section 38-1101. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 12, article 8, Arizona Revised Statutes, is amended by adding section 41-1828.02, to read:
START_STATUTE41-1828.02. Law enforcement officer database; law enforcement agency reporting; civil action; definition
A. The board, in consultation with the attorney general, shall establish and make available on its website a law enforcement officer database that includes the names and discipline record, if any, of every law enforcement officer in this state and that is accessible only to a law enforcement agency that is conducting a background investigation of an applicant for the position of a law enforcement officer.
B. within ten days after a final ruling or determination, a law enforcement agency shall report to the board the name of the law enforcement officer and any record of the following actions taken against that law enforcement officer:
1. Any disciplinary action.
2. A substantiated public or internal complaint.
3. Any formal reprimand that is included in the law enforcement officer's personnel record.
4. Any information about an investigation If the law enforcement officer resigns before the investigation is complete.
C. Before a law enforcement agency hires an applicant for the position of a law enforcement officer, the law enforcement agency must check for the applicant's name in the database.
D. A person may bring an action in superior court to enforce this section. If the court finds that the board or a law enforcement agency failed to comply with this section, the court may award the prevailing party reasonable attorney fees, damages and costs.
E. For the purposes of this section, "disciplinary action" has the same meaning prescribed in section 38-1101. END_STATUTE