Arizona 2023 Regular Session

Arizona Senate Bill SB1058 Compare Versions

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

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1	1	REFERENCE TITLE: law enforcement; polygraph examinations; prohibition State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1058 Introduced by Senator Kavanagh An Act amending section 38-1108, Arizona Revised Statutes; relating to law enforcement officers. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: law enforcement; polygraph examinations; prohibition
10	10	State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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12	12	Introduced by Senator Kavanagh
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14	14	REFERENCE TITLE: law enforcement; polygraph examinations; prohibition
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64	64	An Act
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68	68	amending section 38-1108, Arizona Revised Statutes; relating to law enforcement officers.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 38-1108, Arizona Revised Statutes, is amended to read: START_STATUTE38-1108. Polygraph examinations; exception A. An employer may not administer a polygraph examination to an applicant for the position of law enforcement officer, to a law enforcement officer in administrative investigations or to a law enforcement agency volunteer. B. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information exists to support that disciplinary action. C. Notwithstanding section 39-123, all data and reports from a polygraph examination of a law enforcement officer are confidential and may be used only for employment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was administered, including other ancillary matters. All other uses are prohibited. D. Except for a preemployment polygraph after which an applicant was not hired or in the case of an appeal, the data and reports from a polygraph examination of a law enforcement officer shall be destroyed as soon as practicable three years after the date of appointment or employment but not more than ninety calendar days after that date. E. D. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee. END_STATUTE Sec. 2. Law enforcement officer polygraph examinations; destruction of data and reports; delayed repeal A. Beginning on the effective date of this act, the data and reports from a polygraph examination of a law enforcement officer that was conducted before the effective date of this act pursuant to section 38-1108, Arizona Revised Statutes, as amended by this act, shall be destroyed as soon as practicable three years after the date of the law enforcement officer's appointment or employment but not more than ninety calendar days after that date. B. This section is repealed from and after December 31, 2026.
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 38-1108, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE38-1108. Polygraph examinations; exception
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86	86	A. An employer may not administer a polygraph examination to an applicant for the position of law enforcement officer, to a law enforcement officer in administrative investigations or to a law enforcement agency volunteer.
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88	88	B. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information exists to support that disciplinary action.
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90	90	C. Notwithstanding section 39-123, all data and reports from a polygraph examination of a law enforcement officer are confidential and may be used only for employment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was administered, including other ancillary matters. All other uses are prohibited.
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92	92	D. Except for a preemployment polygraph after which an applicant was not hired or in the case of an appeal, the data and reports from a polygraph examination of a law enforcement officer shall be destroyed as soon as practicable three years after the date of appointment or employment but not more than ninety calendar days after that date.
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94	94	E. D. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee. END_STATUTE
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96	96	Sec. 2. Law enforcement officer polygraph examinations; destruction of data and reports; delayed repeal
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98	98	A. Beginning on the effective date of this act, the data and reports from a polygraph examination of a law enforcement officer that was conducted before the effective date of this act pursuant to section 38-1108, Arizona Revised Statutes, as amended by this act, shall be destroyed as soon as practicable three years after the date of the law enforcement officer's appointment or employment but not more than ninety calendar days after that date.
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100	100	B. This section is repealed from and after December 31, 2026.