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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1433 |
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑500.32; relating to cities and towns.
(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 9-500.32, to read:
9-500.32. Revocation of peace officer certification; loss of authority to establish and regulate police; law enforcement regulation by county; reimbursement; reinstatement
A. A city or town does not have the authority prescribed by this title to establish, regulate, appoint or remove the police of the city or town and to prescribe their powers and duties if fifty per cent or more of the city's or town's police officers have had their peace officer certifications revoked by the Arizona peace officer standards and training board, which is determined where the number of police officers whose certifications have been revoked over any consecutive eight year period is the numerator and the average number of certified police officers employed by the city or town as determined by the city or town police department's peace officer standards training certification records over the same period of time is the denominator.
B. The Arizona peace officer standards and training board shall determine if fifty per cent or more of a city's or town's police officers certifications have been revoked pursuant to subsection A of this section and notify the state attorney general. The attorney general shall confirm that the reasons for the revocations are based on systemic issues and not solely on individual police officer misconduct. The attorney general shall notify the county board of supervisors of the county in which the city or town is located of the determination. the attorney general shall notify the city or town and the city or town shall forfeit control of the law enforcement authority of the city or town. The board of supervisors shall notify the county sheriff of the determination and the county sheriff shall immediately assume the law enforcement functions within the city or town.
C. Within sixty days of the board of supervisor's notification to the county sheriff, the city or town shall reimburse the county sheriff for all reasonable costs for providing such law enforcement functions within the city or town. The board of supervisors shall determine reasonable costs by using the average of the monies budgeted for law enforcement functions over the three previous fiscal years. If a city or town fails to reimburse the county for the cost of providing the law enforcement functions, on notification by the county, the state treasurer shall withhold from the monies otherwise payable to the city or town as provided by section 42‑5029, subsection J the amount computed by the county to provide the law enforcement functions and transmit these monies to the county.
D. Within six months after the county sheriff has assumed the law enforcement functions within the city or town, the sheriff, in consultation with the county board of supervisors and the city or town, shall begin to prepare a written report that shall include at least:
1. The causes of the revocations of peace officer certifications.
2. A cost analysis for the assumption of the law enforcement functions by the city or town.
3. A list of training requirements, policies and procedures intended to remedy the reasons for revocations determined pursuant to subsection B of this section.
E. The county sheriff shall forward a copy of the report to the attorney general.
F. After five years from forfeiting control of the law enforcement functions, the city or town may make a request to the attorney general to reinstate control of the law enforcement functions to the city or town. The attorney general may submit this request to the board of supervisors for their approval.
G. This section does not give a city or town or a law enforcement agency any legal interest or standing in an Arizona peace officer standards and training board proceeding involving the certification of any of the law enforcement agency's police officers.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.