As Passed Committee AMENDED ARIZONA STATE SENATE RESEARCH STAFF TO: MEMBERS OF THE SENATE MILITARY AFFAIRS, PUBLIC SAFETY AND BORDER SECURITY COMMITTEE DATE: February 17, 2023 SUBJECT: Strike everything amendment to S.B. 1301, relating to law enforcement investigations; applicability Purpose Requires all law enforcement misconduct investigations for which notice of an allegation of misconduct was received prior to September 24, 2022, to be completed within one year of the general effective date. Background An employer must make a good faith effort to complete any investigation of employee misconduct within 180 calendar days after the employer receives notice of the allegation by a person authorized by the employer to initiate an investigation of the misconduct. The investigation is considered complete on the date the employee is served with the notice of discipline or the notice of findings. The employer may continue the investigation beyond the 180-calendar day period only if it is demonstrated that additional time is necessary to obtain or review evidence, and a written explanation of the reasons for the extension must be provided to the employee. Subject to certain conditions, an investigation must be dismissed if it is not complete at the conclusion of the extension period (A.R.S. § 38-1110). There is no anticipated fiscal impact to the state General Fund associated with this legislation. Provisions 1. Requires an employer who received notice of an allegation of law enforcement misconduct prior to September 24, 2022, to complete the misconduct investigation within one year of the general effective date. 2. States that, if the employer does not complete the investigation within one year of the general effective date, the investigation is dismissed. 3. States that this legislation does not apply to misconduct investigations for which notice was received after September 24, 2022. 4. States that this legislation does not apply to investigations that are suspended during a criminal investigation or prosecution. 5. Repeals this legislation on January 1, 2025. ZACK DEAN LEGISLATIVE RESEARCH ANALYST MILITARY AFFAIRS, PUBLIC SAFETY AND BORDER SECURITY COMMITTEE Telephone: (602) 926-3171 STRIKER MEMO – Amended S.B. 1301 Page 2 6. Becomes effective on the general effective date. Amendments Adopted in Committee • States that this legislation does not apply to investigations that are suspended during a criminal investigation or prosecution. Senate Action MAPS 2/15/23 DPA/SE 7-0-0