Bill Text: AZ HB2359 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Law enforcement agencies; jurisdiction
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-01-21 - Referred to House JUD Committee [HB2359 Detail]
Download: Arizona-2010-HB2359-Introduced.html
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REFERENCE TITLE: law enforcement agencies; jurisdiction |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2359 |
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Introduced by Representatives Sinema, Patterson: Ableser, Heinz
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑500.29; amending section 11‑441, Arizona Revised Statutes; relating to jurisdiction of law enforcement agencies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.29, to read:
9-500.29. Law enforcement services; primary enforcement; notice
The police officers of a city or town have primary responsibility to engage in law enforcement activities within the jurisdiction of the city or town. A police officer of a city or town shall not engage in law enforcement activities outside of the jurisdiction of the city or town unless the police officer's department notifies the appropriate law enforcement agency of the other jurisdiction and receives approval from the other jurisdiction to engage in such activity.
Sec. 2. Section 11-441, Arizona Revised Statutes, is amended to read:
11-441. Powers and duties
A. The sheriff shall:
1. Preserve the peace.
2. Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense.
3. Prevent and suppress all affrays, breaches of the peace, riots and insurrections which may come to the knowledge of the sheriff.
4. Attend all courts, except justice and municipal courts, when an element of danger is anticipated and attendance is requested by the presiding judge, and obey lawful orders and directions issued by the judge.
5. Take charge of and keep the county jail, including a county jail under the jurisdiction of a county jail district, and the prisoners in the county jail.
6. Endorse upon all process and notices the year, month, day, hour and minute of reception, and issue to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper and time of reception.
7. Serve process and notices in the manner prescribed by law and certify under the sheriff's hand upon the process or notices the manner and time of service, or if the sheriff fails to make service, the reasons for failure, and return them without delay. When returnable to another county, the sheriff may enclose such process or notices in an envelope, addressed to the officer from whom received, and deposit it postage prepaid in the post office. The return of the sheriff is prima facie evidence of the facts stated in the return.
8. Secure, as soon as possible, the home of a deceased person located outside the boundaries of an incorporated city or town if the sheriff is unable to determine or locate the heirs or executor of the deceased person.
B. The sheriff may in the execution of the duties prescribed in subsection A, paragraphs 1 through 4 command the aid of as many inhabitants of the county as the sheriff deems necessary.
C. The sheriff shall conduct or coordinate within the county search or rescue operations involving the life or health of any person, or may assist in such operations in another county at the request of that county's sheriff, and may request assistance from any persons or agencies in the fulfillment of duties under this subsection.
D. The sheriff, in the execution of the duties prescribed in this section, may request the aid of volunteer posse and reserve organizations located in the county.
E. The sheriff may assist in the execution of the duties prescribed in this section in another county at the request of that county's sheriff.
F. The sheriff may require any prisoner who is on work release to reimburse the county for reasonable expenses incurred in connection with the release.
G. The board of supervisors of a county bordering the Republic of Mexico may adopt an ordinance pursuant to chapter 2 of this title allowing the sheriff to prevent the entry from this state into the Republic of Mexico at the border by any resident of this state who is under eighteen years of age if the minor is unaccompanied by a parent or guardian or does not have written consent for entry from a parent or guardian. The authority of the sheriff is only to prevent entry and not to otherwise detain the minor. This subsection shall not be construed to limit the authority of the sheriff pursuant to any other law. A county is not civilly or criminally liable for not adopting an ordinance pursuant to this subsection.
H. Notwithstanding section 13‑3112, the sheriff may authorize members of the sheriff's volunteer posse who have received and passed firearms training that is approved by the Arizona peace officer standards and training board to carry a deadly weapon without a permit while on duty.
I. The sheriff of each county has the primary responsibility to engage in law enforcement activities in the unincorporated areas of the county or within the jurisdiction of a city or town that has contracted with the sheriff's department to provide law enforcement services to that city or town. The sheriff shall not engage in law enforcement activities outside of the unincorporated areas of the county or the jurisdiction of a city or town with which the sheriff has contracted to provide law enforcement services unless the sheriff notifies the appropriate law enforcement agency of the other jurisdiction and receives approval from the other jurisdiction to engage in such activity.
