Arizona 2022 Regular Session

Arizona Senate Bill SB1388 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: justification; deadly force; law enforcement State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1388 Introduced by Senators Quezada: Tern; Representatives Andrade, Hernandez M AN ACT amending section 13-410, Arizona Revised Statutes; relating to justification. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: justification; deadly force; law enforcement
10	10	State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
11	11	SB 1388
12	12	Introduced by Senators Quezada: Tern; Representatives Andrade, Hernandez M
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14	14	REFERENCE TITLE: justification; deadly force; law enforcement
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42	42	Introduced by
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44	44	Senators Quezada: Tern; Representatives Andrade, Hernandez M
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50	50	AN ACT
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54	54	amending section 13-410, Arizona Revised Statutes; relating to justification.
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60	60	(TEXT OF BILL BEGINS ON NEXT PAGE)
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64	64	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-410, Arizona Revised Statutes, is amended to read: START_STATUTE13-410. Justification; use of deadly physical force in law enforcement; definition A. The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is: 1. Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or 2. A felon who has escaped from lawful confinement; or 3. A felon who is fleeing from justice or resisting arrest with physical force. B. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force. C. The use of deadly force by a peace officer against another is justified pursuant to section 13-409 only when the peace officer reasonably believes, based on the totality of the circumstances, that it is necessary: 1. To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force. 2. To effect an arrest or prevent the escape from custody of a person whom who the peace officer reasonably believes: (a) Has committed, has attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon. (b) Is attempting to escape by use of a deadly weapon. (c) Through past or present conduct of the person, which is known by the peace officer, that the person is likely to endanger human life or inflict serious bodily injury to another unless the person is immediately apprehended without delay. (d) Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon. D. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another's potential use of physical force or deadly physical force. D. The use of deadly physical force is imminent when, based on the totality of the circumstances, a reasonable peace officer in the same situation would believe that a person has the present ability, opportunity and apparent intent to immediately cause death or serious physical injury to the peace officer or a third person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed. E. For the purposes of this section, "totality of the circumstances" means all the facts known to the peace officer at the time, including the conduct of the peace officer leading up to the use of deadly force. END_STATUTE Sec. 2. Legislative findings The legislature finds: 1. That the authority to use physical force, conferred on peace officers by section 13-410, Arizona Revised Statutes, as amended by this act, is a serious responsibility that must be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. 2. That every person has a right to be free from excessive use of force by officers acting under color of law. 3. That peace officers should use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer. 4. That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies. 5. That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force. 6. That individuals with physical, mental health, developmental or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement.
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66	66	Be it enacted by the Legislature of the State of Arizona:
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68	68	Section 1. Section 13-410, Arizona Revised Statutes, is amended to read:
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70	70	START_STATUTE13-410. Justification; use of deadly physical force in law enforcement; definition
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72	72	A. The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:
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74	74	1. Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or
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76	76	2. A felon who has escaped from lawful confinement; or
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78	78	3. A felon who is fleeing from justice or resisting arrest with physical force.
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80	80	B. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force.
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82	82	C. The use of deadly force by a peace officer against another is justified pursuant to section 13-409 only when the peace officer reasonably believes, based on the totality of the circumstances, that it is necessary:
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84	84	1. To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.
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86	86	2. To effect an arrest or prevent the escape from custody of a person whom who the peace officer reasonably believes:
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88	88	(a) Has committed, has attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon.
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90	90	(b) Is attempting to escape by use of a deadly weapon.
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92	92	(c) Through past or present conduct of the person, which is known by the peace officer, that the person is likely to endanger human life or inflict serious bodily injury to another unless the person is immediately apprehended without delay.
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94	94	(d) Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.
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96	96	D. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another's potential use of physical force or deadly physical force.
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98	98	D. The use of deadly physical force is imminent when, based on the totality of the circumstances, a reasonable peace officer in the same situation would believe that a person has the present ability, opportunity and apparent intent to immediately cause death or serious physical injury to the peace officer or a third person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.
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100	100	E. For the purposes of this section, "totality of the circumstances" means all the facts known to the peace officer at the time, including the conduct of the peace officer leading up to the use of deadly force. END_STATUTE
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102	102	Sec. 2. Legislative findings
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104	104	The legislature finds:
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106	106	1. That the authority to use physical force, conferred on peace officers by section 13-410, Arizona Revised Statutes, as amended by this act, is a serious responsibility that must be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.
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108	108	2. That every person has a right to be free from excessive use of force by officers acting under color of law.
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110	110	3. That peace officers should use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.
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112	112	4. That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies.
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114	114	5. That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.
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116	116	6. That individuals with physical, mental health, developmental or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement.