Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1301 Comm Sub / Analysis

Filed 03/22/2023

                      	SB 1301 
Initials NM 	Page 1 	Caucus & COW  
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: MAPS DPA/SE 7-0-0-0 | 3
rd
 Read DP 19-11-0-0  
House: MAPS DP 8-7-0-0   
 
SB 1301: misconduct investigations; time limit; applicability 
Sponsor: Senator Kavanagh, LD 3 
Caucus & COW 
Overview 
Mandates that ongoing misconduct investigations against law enforcement officers (officers), 
begun before September 24, 2022, be completed within one year of the effective date of this act.  
History 
In 2022, the Fifty-fifth Legislature, Second Regular Session, passed Laws 2022, Chapter 378 (law 
enforcement; misconduct investigations; extension) (HB 2347). HB 2347 revised A.R.S. § 38-
1110 relating to investigations of employee misconduct against officers; it added additional 
constraints for how long an investigation of employee misconduct could last. HB 2347 only applied 
to misconduct investigations initiated after its effective date, which was September 24, 2022.   
Under A.R.S. § 38-1110 as revised by HB 2347, employers are required to make a good faith 
effort to complete misconduct investigations within 180 days. After the initial 180 days, the 
investigation may be extended only if it is demonstrated that additional time is necessary to obtain 
or review evidence; this extension may not exceed 180 days or, in certain circumstances, 360 
days. After this single extension, if the investigation is not completed, then — unless specified 
exceptions are met — the matter is dismissed.  
Provisions 
1. Requires, if an officer's employer received an allegation of misconduct before September 24, 
2022, the investigation of the misconduct to be completed within one year of the effective date 
of this act. (Sec. 1) 
2. Provides, if the investigation is not completed within the specified timeframe, that the 
investigation is to be dismissed. (Sec. 1) 
3. Specifies that this act does not apply to investigations: 
a) Based on allegations of misconduct received on or after September 24, 2022; and  
b) Suspended during a criminal investigation or prosecution in connection with the alleged 
misconduct. (Sec. 1) 
4. Repeals this act on January 1, 2025. (Sec. 1) 
 
 
 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note