| 1 | 1 | | REFERENCE TITLE: peace officers; racial profiling; reporting State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1564 Introduced by Senator Hatathlie AN ACT amending title 41, chapter 12, article 8, Arizona Revised Statutes, by adding section 41-1828.03; relating to the arizona peace officer standards and training board. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 11 | 11 | | REFERENCE TITLE: peace officers; racial profiling; reporting |
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| 12 | 12 | | State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 |
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| 13 | 13 | | SB 1564 |
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| 14 | 14 | | Introduced by Senator Hatathlie |
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| 16 | 16 | | REFERENCE TITLE: peace officers; racial profiling; reporting |
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| 26 | 26 | | State of Arizona |
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| 28 | 28 | | Senate |
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| 30 | 30 | | Fifty-seventh Legislature |
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| 32 | 32 | | First Regular Session |
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| 34 | 34 | | 2025 |
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| 42 | 42 | | SB 1564 |
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| 46 | 46 | | Introduced by |
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| 48 | 48 | | Senator Hatathlie |
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| 66 | 66 | | AN ACT |
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| 70 | 70 | | amending title 41, chapter 12, article 8, Arizona Revised Statutes, by adding section 41-1828.03; relating to the arizona peace officer standards and training board. |
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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. Title 41, chapter 12, article 8, Arizona Revised Statutes, is amended by adding section 41-1828.03, to read: START_STATUTE41-1828.03. Racial profiling prohibited; prevention policy; records; immunity; mandatory reporting; definitions A. A peace officer may not engage in racial profiling. B. A peace officer may not use the race or ethnicity of an individual as the sole factor either: 1. In determining the existence of probable cause to take an individual into custody or to arrest an individual. 2. Constituting a particularized suspicion that an offense has been or is being committed to justify the detention of an individual or an investigatory stop of a motor vehicle. c. The board may develop and distribute a suggested model written racial profiling prevention policy for use by law enforcement agencies in this state. the board may not mandate that law enforcement agencies adopt the model policy except for any law enforcement agency that fails to timely develop and provide to the board a policy for that agency. d. beginning January 1, 2026, every peace officer shall record and retain the following information for motor vehicle stops using a form that is developed and adopted by a law enforcement agency or The board: 1. The number of motor vehicle stops. 2. The characteristics of race or ethnicity of the person stopped. The identification of the person's characteristics shall be based on the observation and perception of the peace officer who is responsible for reporting the motor vehicle stop, and the person stopped is not required to provide the information. 3. If the stop is for a violation of law, the nature of the alleged violation that resulted in the motor vehicle stop. 4. Whether a warning or citation was issued, an arrest was made or a search was conducted as a result of the motor vehicle stop. For the purposes of this paragraph, search does not include a search incident to arrest or an inventory search. 5. Any additional information that the peace officer deems appropriate. e. On or before October 1, 2026 and annually thereafter, each law enforcement agency in this state shall provide to the board, in a form prescribed by the board, a summary report of the information recorded pursuant to subsection d of this section. f. The board may develop a uniform system for receiving allegations of racial profiling. Each law enforcement agency in this state shall provide to the board a copy of each allegation of racial profiling received and written notification of the review and disposition of the allegation. information that reveals the identity of the peace officer involved in the stop may not be used, transmitted or disclosed in violation of any collective bargaining agreement provision or personnel rule under which the peace officer is employed. information that reveals the identity of the complainant may not be used, transmitted or disclosed in the form alleging racial profiling. g. Any peace officer who in good faith records information on a motor vehicle stop pursuant to this section is not liable in any civil action for the act of recording the information unless the peace officer's conduct was unreasonable, reckless or otherwise contrary to law. h. the board, within the limits of its existing appropriations, including any grant monies that the board is awarded for such purposes, shall provide for an annual review and analysis of the prevalence and disposition of motor vehicle stops based on racial profiling and allegations of racial profiling involved in other detentions that are reported pursuant to this section. After the review and analysis, the board, when it deems warranted, may inquire into and study individual law enforcement agency circumstances in which the raw data collected and analyzed raises at least some issue or the appearance of possible racial profiling. The board may make recommendations to any law enforcement agency to improve measures to prevent racial profiling or the appearance of racial profiling. The board shall annually report to the Governor and the Legislature the results of any review, analysis, inquiry and study and any recommendations by the board to any law enforcement agency. i. Unless otherwise PRIVILEGED, a peace officer, prosecutor, defense attorney or probation officer who becomes aware of incidents of racial profiling by a law enforcement agency shall report the incidents to the board within thirty days after becoming aware of the incidents. j. for the purposes of this section: 1. "Law enforcement agency" means the department of public safety, a county sheriff's department, a police department of a city or town or any other agency that employs a peace officer. 2. "Peace Officer" has the same meaning prescribed in section 1-215 and includes any other person who is certified as a peace officer by the board. 3. "Racial profiling" means the detention, official restraint or other disparate treatment of an individual solely on the basis of the racial or ethnic status of the individual. END_STATUTE |
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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. Title 41, chapter 12, article 8, Arizona Revised Statutes, is amended by adding section 41-1828.03, to read: |
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| 84 | 84 | | START_STATUTE41-1828.03. Racial profiling prohibited; prevention policy; records; immunity; mandatory reporting; definitions |
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| 86 | 86 | | A. A peace officer may not engage in racial profiling. |
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| 88 | 88 | | B. A peace officer may not use the race or ethnicity of an individual as the sole factor either: |
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| 90 | 90 | | 1. In determining the existence of probable cause to take an individual into custody or to arrest an individual. |
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| 92 | 92 | | 2. Constituting a particularized suspicion that an offense has been or is being committed to justify the detention of an individual or an investigatory stop of a motor vehicle. |
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| 94 | 94 | | c. The board may develop and distribute a suggested model written racial profiling prevention policy for use by law enforcement agencies in this state. the board may not mandate that law enforcement agencies adopt the model policy except for any law enforcement agency that fails to timely develop and provide to the board a policy for that agency. |
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| 96 | 96 | | d. beginning January 1, 2026, every peace officer shall record and retain the following information for motor vehicle stops using a form that is developed and adopted by a law enforcement agency or The board: |
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| 98 | 98 | | 1. The number of motor vehicle stops. |
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| 100 | 100 | | 2. The characteristics of race or ethnicity of the person stopped. The identification of the person's characteristics shall be based on the observation and perception of the peace officer who is responsible for reporting the motor vehicle stop, and the person stopped is not required to provide the information. |
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| 102 | 102 | | 3. If the stop is for a violation of law, the nature of the alleged violation that resulted in the motor vehicle stop. |
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| 104 | 104 | | 4. Whether a warning or citation was issued, an arrest was made or a search was conducted as a result of the motor vehicle stop. For the purposes of this paragraph, search does not include a search incident to arrest or an inventory search. |
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| 106 | 106 | | 5. Any additional information that the peace officer deems appropriate. |
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| 108 | 108 | | e. On or before October 1, 2026 and annually thereafter, each law enforcement agency in this state shall provide to the board, in a form prescribed by the board, a summary report of the information recorded pursuant to subsection d of this section. |
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| 110 | 110 | | f. The board may develop a uniform system for receiving allegations of racial profiling. Each law enforcement agency in this state shall provide to the board a copy of each allegation of racial profiling received and written notification of the review and disposition of the allegation. information that reveals the identity of the peace officer involved in the stop may not be used, transmitted or disclosed in violation of any collective bargaining agreement provision or personnel rule under which the peace officer is employed. information that reveals the identity of the complainant may not be used, transmitted or disclosed in the form alleging racial profiling. |
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| 112 | 112 | | g. Any peace officer who in good faith records information on a motor vehicle stop pursuant to this section is not liable in any civil action for the act of recording the information unless the peace officer's conduct was unreasonable, reckless or otherwise contrary to law. |
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| 114 | 114 | | h. the board, within the limits of its existing appropriations, including any grant monies that the board is awarded for such purposes, shall provide for an annual review and analysis of the prevalence and disposition of motor vehicle stops based on racial profiling and allegations of racial profiling involved in other detentions that are reported pursuant to this section. After the review and analysis, the board, when it deems warranted, may inquire into and study individual law enforcement agency circumstances in which the raw data collected and analyzed raises at least some issue or the appearance of possible racial profiling. The board may make recommendations to any law enforcement agency to improve measures to prevent racial profiling or the appearance of racial profiling. The board shall annually report to the Governor and the Legislature the results of any review, analysis, inquiry and study and any recommendations by the board to any law enforcement agency. |
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| 116 | 116 | | i. Unless otherwise PRIVILEGED, a peace officer, prosecutor, defense attorney or probation officer who becomes aware of incidents of racial profiling by a law enforcement agency shall report the incidents to the board within thirty days after becoming aware of the incidents. |
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| 118 | 118 | | j. for the purposes of this section: |
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| 120 | 120 | | 1. "Law enforcement agency" means the department of public safety, a county sheriff's department, a police department of a city or town or any other agency that employs a peace officer. |
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| 122 | 122 | | 2. "Peace Officer" has the same meaning prescribed in section 1-215 and includes any other person who is certified as a peace officer by the board. |
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| 124 | 124 | | 3. "Racial profiling" means the detention, official restraint or other disparate treatment of an individual solely on the basis of the racial or ethnic status of the individual. END_STATUTE |
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