Arizona Peace Officers’ Bill of Rights and Community Safety
THE ARIZONA PEACE OFFICER'S BILL OF RIGHTS AND COMMUNITY SAFETY ACT
AN ACT
ENACTING THE ARIZONA PEACE OFFICER'S BILL OF RIGHTS AND COMMUNITY SAFETY ACT; AMENDING TITLE 41, ARIZONA REVISED STATUTES, BY ADDING A NEW CHAPTER; ESTABLISHING RIGHTS, DUTIES, AND PROGRAMS TO UPHOLD CONSTITUTIONAL FIDELITY, STATE SOVEREIGNTY, COMMUNITY PARTNERSHIP, EFFECTIVE DE-ESCALATORY PUBLIC SAFETY, PROFESSIONAL LEADERSHIP STANDARDS, OPERATIONAL INDEPENDENCE, CLEAR LEGAL ACCOUNTABILITY, AND PROFESSIONAL INTEGRITY.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding a new chapter 11, to be designated as sections 41-2701 through 41-2717, to read:
CHAPTER 11. ARIZONA PEACE OFFICER'S BILL OF RIGHTS AND COMMUNITY SAFETY
ARTICLE 1. DEFINITIONS
41-2701. Definitions
In this chapter, unless the context otherwise requires:
"ARIZONA DO NOT HIRE REGISTRY" means the confidential database maintained by the Arizona Peace Officer Standards and Training Board pursuant to section 41-2716 of this chapter.
"ARIZONA PEACE OFFICER LEGAL STANDARDS MANUAL" means the official compilation of regulations published by the Attorney General pursuant to section 41-2715 that defines permissible and impermissible police conduct for purposes of state law and qualified immunity determinations.
"CLEARLY ESTABLISHED RIGHT" means a right of which a reasonable peace officer would have known, as specifically defined in the Arizona Peace Officer Legal Standards Manual published pursuant to section 41-2715.
"CO-RESPONSE TEAM" means a unit composed of, at minimum, one peace officer and one licensed or certified behavioral health professional deployed together to respond to calls for service involving behavioral health crises, substance abuse, homelessness, or other situations where de-escalation and social service intervention are the primary indicated needs.
"CRIMINAL JUSTICE DEGREE" means an associate's degree or higher from an institution accredited by an agency recognized by the United States Department of Education, in criminal justice, criminology, law enforcement, public administration, or a directly related field, as approved by the Arizona Peace Officer Standards and Training Board. Online degree programs from accredited institutions satisfy this definition.
"DISMISSAL FOR MISCONDUCT" means the involuntary separation of a peace officer from employment for substantiated violations of law or agency policy that would constitute grounds for decertification in Arizona, including but not limited to: excessive force, dishonesty, sexual misconduct, criminal conduct, civil rights violations, or violations of ethical standards. This includes resignations or retirements while under investigation for such conduct where the investigation would likely have resulted in dismissal.
"ESCALATORY EQUIPMENT OR TRAINING" means any tool, weapon, tactic, or instructional program that is designed for, or its reasonably foreseeable application would primarily result in, a significant increase in the likelihood or severity of physical force against civilians, where less forceful alternatives are feasible and appropriate for the agency's community-based policing mission. This includes, but is not limited to, military-grade weaponry (e.g., tracked armored vehicles, grenade launchers, bayonets), certain chemical agents for crowd dispersal where de-escalation is possible, and training that emphasizes aggressive or punitive tactics over de-escalation and communication.
"EXTREMIST ORGANIZATION" means any group, movement, or association, whether formal or informal, that through its statements, principles, or actions—whether legal or extralegal—has as a primary purpose or demonstrable intent to systematically deprive any class of persons of their constitutional rights, equal protection under law, or due process protections guaranteed by the United States or Arizona Constitutions. Such organizations include, but are not limited to, those that advocate or engage in violence or intimidation for political objectives or deny rights based on protected characteristics.
"FEDERAL AGENT" means an employee, contractor, or task force member of a United States government agency.
"JOINT OPERATION" means any coordinated law enforcement activity involving one or more peace officers and one or more federal agents.
"MATERIAL SUPPORT" includes goods, services, funding, training, equipment, software, personnel, or any other thing of value provided to a state or local law enforcement agency or its personnel.
"NATIONAL DECERTIFICATION INDEX" means the national database of decertified or disciplined law enforcement officers maintained by the International Association of Directors of Law Enforcement Standards and Training or its successor organization.
"OPERATIONAL INPUT" means participation in the planning, strategy, execution, or evaluation of law enforcement operations, policies, or training.
"PEACE OFFICER" means any person certified under title 41, chapter 12, article 3, and vested by law with a duty to maintain public order and make arrests.
"POSITIVE AFFILIATION" means active membership, financial support, public advocacy, participation in meetings or rallies, or the display of insignia, symbols, or paraphernalia associated with an Extremist Organization while on duty or in a manner that identifies the individual as a peace officer. It does not include attendance at public events for legitimate investigative or intelligence-gathering purposes authorized by the officer's agency.
"PRIVATE ENTITY" means any for-profit or nonprofit corporation, partnership, association, organization, or individual that is not a government agency.
"PROHIBITED FEDERAL ACTION" means any federal operation, order, or directive that:
a. Seeks to register, confiscate, or restrict the ownership, possession, or use of firearms, firearm accessories, or ammunition that are otherwise legal under Arizona law.
b. Establishes a checkpoint or conducts warrantless searches of persons or property for general law enforcement purposes without specific probable cause related to a violent felony as defined in title 13.
c. Conducts surveillance on religious, political, or educational gatherings where no probable cause of imminent violent criminal activity exists.
d. Seeks to enforce a federal mandate that infringes upon a right specifically protected by the Arizona Constitution.
"QUALIFIED IMMUNITY" means the protection from civil liability for peace officers performing discretionary functions, as limited and defined by this chapter and Arizona law.
"QUID PRO QUO ARRANGEMENT" means any agreement, understanding, or expectation, whether explicit or implicit, where material support is provided in exchange for access to law enforcement operations, influence over purchasing decisions, or operational input.
"STATE OR LOCAL LAW ENFORCEMENT AGENCY" means any law enforcement agency of the state or a political subdivision thereof.
"COMMUNITY-BASED POLICING MISSION" means the primary duty of a law enforcement agency to protect life, preserve peace, and enforce the law through proactive partnership with the community, emphasizing de-escalation, minimal necessary force, and the protection of constitutional rights.
"SUPERVISORY RANK" means the rank of sergeant or above, or any position with formal supervisory authority over other peace officers within a state or local law enforcement agency.
ARTICLE 2. RIGHTS AND CORRESPONDING DUTIES OF PEACE OFFICERS
41-2702. Right to Clarity of Mission and Authority
A. A PEACE OFFICER HAS THE RIGHT TO CLEAR, DOCUMENTED MISSION PARAMETERS AND LEGAL AUTHORITY PRIOR TO PARTICIPATING IN ANY JOINT OPERATION.
B. TO EFFECTUATE THIS RIGHT, NO STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL ORDER, AND NO PEACE OFFICER SHALL PARTICIPATE IN, A JOINT OPERATION UNLESS THE FOLLOWING CONDITIONS ARE MET:
1. A WRITTEN OPERATIONAL PLAN IS PROVIDED TO PARTICIPATING OFFICERS AND THEIR SUPERVISORY CHAIN OF COMMAND AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO COMMENCEMENT, OR IN THE CASE OF A BONA FIDE EMERGENCY, PRIOR TO DEPLOYMENT. THE PLAN MUST SPECIFY:
a. THE SPECIFIC, LAWFUL OBJECTIVE OF THE OPERATION.
b. THE SPECIFIC ARIZONA STATUTORY OR MUNICIPAL CODE VIOLATION BEING ADDRESSED, OR THE SPECIFIC FEDERAL STATUTE THAT IS ALSO A VIOLENT FELONY UNDER TITLE 13.
c. THE LEGAL BASIS FOR ALL ANTICIPATED ENFORCEMENT ACTIONS, INCLUDING ANY APPLICABLE PROBABLE CAUSE, JUDICIAL WARRANT NUMBERS, OR DESCRIPTION OF EXIGENT CIRCUMSTANCES.
d. CLEAR RULES OF ENGAGEMENT AND USE-OF-FORCE PROTOCOLS.
2. A FEDERAL AGENT PARTICIPATION LOG IS INITIATED AT THE COMMENCEMENT OF THE OPERATION AND MAINTAINED IN REAL TIME, RECORDING FOR EACH FEDERAL PARTICIPANT: FULL NAME, FEDERAL AGENCY, OFFICIAL BADGE OR SERVICE IDENTIFICATION NUMBER, AND SPECIFIC ROLE.
3. A COPY OF THE WRITTEN OPERATIONAL PLAN AND THE COMPLETED LOG ARE FILED WITH THE ATTORNEY GENERAL'S OFFICE WITHIN SEVEN (7) CALENDAR DAYS OF THE OPERATION'S CONCLUSION.
C. CORRESPONDING DUTY: A PEACE OFFICER PARTICIPATING IN A JOINT OPERATION HAS A DUTY TO RECORD AND REPORT ANY MATERIAL DEVIATION FROM THE WRITTEN OPERATIONAL PLAN OR ANY ENFORCEMENT ACTION TAKEN WITHOUT THE DOCUMENTED LEGAL BASIS. A WRITTEN REPORT SHALL BE FILED WITH THE OFFICER'S AGENCY AND THE ATTORNEY GENERAL WITHIN SEVENTY-TWO (72) HOURS OF THE DEVIATION.
41-2703. Right to Refuse Unconstitutional Federal Actions
A. A PEACE OFFICER HAS THE RIGHT TO REFUSE ANY DIRECT ORDER, REQUEST, OR ASSIGNMENT TO PARTICIPATE IN OR PROVIDE MATERIAL SUPPORT FOR ANY ACTION THE OFFICER REASONABLY BELIEVES CONSTITUTES A PROHIBITED FEDERAL ACTION.
B. MATERIAL SUPPORT INCLUDES THE USE OF AGENCY PERSONNEL, FACILITIES, EQUIPMENT, OR INFORMATION.
C. CORRESPONDING DUTY: A PEACE OFFICER SHALL UPHOLD AND DEFEND THE RIGHTS SECURED BY THE ARIZONA AND UNITED STATES CONSTITUTIONS AND SHALL NOT KNOWINGLY AND WILLINGLY AID IN THEIR INFRINGEMENT BY ANY LEVEL OF GOVERNMENT.
41-2704. Right to Professional Integrity and Public Trust
A. A PEACE OFFICER HAS THE RIGHT TO WORK IN AN AGENCY FREE FROM THE CORROSIVE INFLUENCE OF EXTREMISM AND HAS A DUTY TO REPORT SUCH INFLUENCES.
B. A PEACE OFFICER HAS THE RIGHT TO CLEAR, WRITTEN DEPARTMENTAL STANDARDS DEFINING IMPROPER AFFILIATIONS AND CONFLICTS OF INTEREST, TO BE PROVIDED ANNUALLY.
C. CORRESPONDING DUTY: A PEACE OFFICER SHALL REMAIN FREE FROM MEMBERSHIP OR POSITIVE AFFILIATION WITH ANY EXTREMIST ORGANIZATION.
41-2705. Right to Refuse Dangerous Escalation
A. A PEACE OFFICER HAS THE RIGHT TO REFUSE AN ORDER TO RECEIVE SPECIFIC TRAINING OR TO USE SPECIFIC EQUIPMENT THAT THE OFFICER REASONABLY BELIEVES CONSTITUTES ESCALATORY EQUIPMENT OR TRAINING AND IS INCONSISTENT WITH THE AGENCY'S COMMUNITY-BASED POLICING MISSION.
B. TO EFFECTUATE THIS RIGHT, AN OFFICER'S REFUSAL MUST BE BASED ON A GOOD-FAITH, OBJECTIVELY REASONABLE BELIEF, AND THE OFFICER SHALL PROVIDE A WRITTEN STATEMENT OF CONCERN TO THEIR AGENCY'S COMMAND AND THE CIVILIAN LIAISON COMMITTEE WITHIN SEVEN (7) DAYS.
C. CORRESPONDING DUTY: A PEACE OFFICER SHALL PRIORITIZE THE PRESERVATION OF LIFE AND THE USE OF DE-ESCALATION TACTICS AND SHALL NOT KNOWINGLY EMPLOY TACTICS OR EQUIPMENT DESIGNED TO UNNECESSARILY INCREASE THE RISK OF HARM TO CIVILIANS.
D. AGENCY DUTY TO REVIEW: UPON RECEIVING SUCH A WRITTEN REFUSAL OR CONCERN, THE AGENCY SHALL, IN CONSULTATION WITH ITS CIVILIAN LIAISON COMMITTEE, CONDUCT A REVIEW OF THE CHALLENGED EQUIPMENT OR TRAINING WITHIN NINETY (90) DAYS. THE REVIEW SHALL ASSESS ITS NECESSITY, PROPORTIONALITY, AND ALIGNMENT WITH THE AGENCY'S COMMUNITY-BASED POLICING MISSION.
41-2706. Right to Educated Leadership and Professional Development
A. A PEACE OFFICER HAS THE RIGHT TO ACCESS TUITION REIMBURSEMENT FOR PURSUING A CRIMINAL JUSTICE DEGREE.
1. EVERY STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL ESTABLISH A TUITION REIMBURSEMENT PROGRAM THAT COVERS NO LESS THAN SEVENTY-FIVE PERCENT (75%) OF TUITION AND REQUIRED FEES FOR ACCREDITED COURSEWORK TOWARD A CRIMINAL JUSTICE DEGREE, UP TO A MAXIMUM OF NINE THOUSAND DOLLARS ($9,000) PER OFFICER PER FISCAL YEAR.
2. REIMBURSEMENT SHALL BE CONTINGENT UPON SUCCESSFUL COMPLETION OF COURSES WITH A GRADE OF "C" OR BETTER AND THE OFFICER'S AGREEMENT TO REMAIN EMPLOYED WITH THE AGENCY FOR AT LEAST TWO (2) YEARS FOLLOWING FINAL REIMBURSEMENT.
B. A PEACE OFFICER HAS THE RIGHT TO BE SUPERVISED BY EDUCATED LEADERS. TO EFFECTUATE THIS RIGHT:
1. SUPERVISORY EDUCATION REQUIREMENT: NO PERSON SHALL BE APPOINTED, PROMOTED, OR ACT IN A SUPERVISORY RANK UNLESS THEY POSSESS A CRIMINAL JUSTICE DEGREE, OR OBTAIN SUCH A DEGREE WITHIN TWENTY-FOUR (24) MONTHS OF ASSUMING THE SUPERVISORY POSITION.
2. GRANDFATHER PROVISION: THIS REQUIREMENT SHALL NOT APPLY TO INDIVIDUALS HOLDING A SUPERVISORY RANK ON THE EFFECTIVE DATE OF THIS CHAPTER, PROVIDED THEY HAVE COMPLETED AT LEAST SIXTY (60) COLLEGE CREDITS OR HAVE TEN (10) OR MORE YEARS OF SERVICE IN A SUPERVISORY CAPACITY.
3. EMERGENCY EXCEPTION: AN AGENCY MAY TEMPORARILY APPOINT AN OFFICER WITHOUT A DEGREE TO A SUPERVISORY RANK FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS IN THE EVENT OF A BONA FIDE PERSONNEL EMERGENCY, SUBJECT TO APPROVAL BY THE AGENCY'S GOVERNING BODY AND THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD.
C. CORRESPONDING DUTY: A PEACE OFFICER IN A SUPERVISORY RANK HAS A DUTY TO PURSUE CONTINUING EDUCATION, STAY INFORMED ON BEST PRACTICES IN COMMUNITY-BASED POLICING, DE-ESCALATION, AND CONSTITUTIONAL LAW, AND TO LEAD BY EXAMPLE IN UPHOLDING THE STANDARDS OF THIS CHAPTER.
D. STATE SUPPORT: THE ARIZONA DEPARTMENT OF PUBLIC SAFETY SHALL, THROUGH THE GRANT PROGRAM ESTABLISHED IN SECTION 41-2715, PRIORITIZE FUNDING FOR AGENCIES THAT IMPLEMENT ROBUST TUITION REIMBURSEMENT PROGRAMS AND ACHIEVE COMPLIANCE WITH THE SUPERVISORY EDUCATION REQUIREMENT.
41-2707. Right to Operational Independence from Private Influence
A. PEACE OFFICERS AND THE COMMUNITIES THEY SERVE HAVE THE RIGHT TO LAW ENFORCEMENT FREE FROM UNDUE PRIVATE INFLUENCE THAT DISTORTS OPERATIONAL PRIORITIES OR CREATES CONFLICTS OF INTEREST.
B. TO EFFECTUATE THIS RIGHT:
1. PROHIBITION ON QUID PRO QUO ARRANGEMENTS: NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, AND NO PEACE OFFICER ACTING IN AN OFFICIAL CAPACITY, SHALL ACCEPT MATERIAL SUPPORT FROM ANY PRIVATE ENTITY UNDER A QUID PRO QUO ARRANGEMENT.
2. DISCLOSURE REQUIREMENT: ANY MATERIAL SUPPORT FROM A PRIVATE ENTITY VALUED AT ONE THOUSAND DOLLARS ($1,000) OR MORE IN A CALENDAR YEAR SHALL BE:
a. DISCLOSED IN WRITING TO THE AGENCY'S GOVERNING BODY AND CIVILIAN LIAISON COMMITTEE PRIOR TO ACCEPTANCE.
b. PUBLISHED ON THE AGENCY'S WEBSITE WITHIN THIRTY (30) DAYS OF ACCEPTANCE, INCLUDING THE DONOR'S NAME, VALUE, NATURE OF SUPPORT, AND INTENDED USE.
c. ACCOMPANIED BY A WRITTEN STATEMENT FROM THE DONOR CERTIFYING THAT NO SPECIFIC OPERATIONAL INPUT, ACCESS, OR PURCHASING INFLUENCE IS EXPECTED IN EXCHANGE.
3. PROCUREMENT INTEGRITY: NO PEACE OFFICER OR SUPERVISOR INVOLVED IN PROCUREMENT DECISIONS SHALL ACCEPT ANY PERSONAL GIFTS, HONORARIA, OR TRAVEL FROM VENDORS BIDDING ON OR UNDER CONTRACT WITH THE AGENCY, EXCEPT FOR DEMONSTRATION EQUIPMENT USED SOLELY FOR EVALUATION PURPOSES AND RETURNED TO THE VENDOR.
4. VENDOR ACCESS RESTRICTIONS: PRIVATE ENTITIES PROVIDING EQUIPMENT, TECHNOLOGY, OR SERVICES TO LAW ENFORCEMENT SHALL NOT HAVE DIRECT ACCESS TO OPERATIONAL SYSTEMS, REAL-TIME DATA, OR INVESTIGATIVE FILES UNLESS SPECIFICALLY REQUIRED FOR TECHNICAL MAINTENANCE UNDER A WRITTEN CONTRACT THAT INCLUDES STRICT DATA SECURITY AND CONFIDENTIALITY PROVISIONS APPROVED BY THE AGENCY'S GOVERNING BODY.
C. CORRESPONDING DUTIES:
1. A PEACE OFFICER HAS A DUTY TO REPORT ANY ATTEMPTED OR ACTUAL QUID PRO QUO ARRANGEMENT TO THEIR SUPERVISOR, THE CIVILIAN LIAISON COMMITTEE, AND THE ATTORNEY GENERAL.
2. A PEACE OFFICER IN A SUPERVISORY OR PROCUREMENT ROLE HAS A DUTY TO RECUSE THEMSELVES FROM DECISIONS INVOLVING ENTITIES FROM WHICH THEY HAVE ACCEPTED EMPLOYMENT OR CONSULTING OFFERS WITHIN THE PREVIOUS TWENTY-FOUR (24) MONTHS.
D. EXCEPTIONS: THIS SECTION SHALL NOT APPLY TO:
1. ROUTINE BUSINESS TRANSACTIONS CONDUCTED THROUGH COMPETITIVE BIDDING PROCESSES ESTABLISHED BY TITLE 41, CHAPTER 23.
2. GRANTS OR CONTRACTS FROM NONPROFIT FOUNDATIONS WITH NO COMMERCIAL INTEREST IN LAW ENFORCEMENT PROCUREMENT, AS CERTIFIED BY THE ATTORNEY GENERAL.
3. COMMUNITY DONATIONS OF FOOD OR BEVERAGES DURING PUBLIC EVENTS, VALUED AT LESS THAN FIVE HUNDRED DOLLARS ($500) PER EVENT.
4. STATE OR FEDERAL GRANTS ADMINISTERED THROUGH STANDARD GOVERNMENTAL PROCESSES.
41-2708. Right to Clearly Defined Legal Standards and Predictable Accountability
A. PEACE OFFICERS AND THE PEOPLE OF ARIZONA HAVE A RIGHT TO CLEAR, CENTRALIZED, AND PUBLICLY ACCESSIBLE LEGAL STANDARDS THAT PRECISELY DEFINE PERMISSIBLE AND IMPERMISSIBLE CONDUCT FOR LAW ENFORCEMENT.
B. TO EFFECTUATE THIS RIGHT:
1. PUBLICATION OF LEGAL STANDARDS MANUAL: THE ATTORNEY GENERAL, IN CONSULTATION WITH THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD, THE ARIZONA SUPREME COURT, AND A TASK FORCE INCLUDING LAW ENFORCEMENT REPRESENTATIVES, LEGAL SCHOLARS, AND CIVIL RIGHTS ADVOCATES, SHALL ANNUALLY PUBLISH AND UPDATE THE "ARIZONA PEACE OFFICER LEGAL STANDARDS MANUAL."
2. CONTENT REQUIREMENTS: THE MANUAL SHALL CLEARLY AND NARROWLY DEFINE, IN PLAIN LANGUAGE, THE SPECIFIC CIRCUMSTANCES UNDER WHICH PEACE OFFICERS WILL AND WILL NOT BE ENTITLED TO QUALIFIED IMMUNITY IN CIVIL ACTIONS BROUGHT UNDER ARIZONA LAW. IT SHALL INCLUDE, BUT NOT BE LIMITED TO:
a. DETAILED USE-OF-FORCE STANDARDS, INCLUDING DE-ESCALATION REQUIREMENTS AND PROHIBITED TACTICS.
b. STANDARDS FOR SEARCHES, SEIZURES, AND ARRESTS THAT EXCEED FEDERAL CONSTITUTIONAL MINIMUMS.
c. SPECIFIC PROHIBITIONS ON CONDUCT THAT VIOLATES CIVIL RIGHTS UNDER ARIZONA LAW.
d. CLEAR EXAMPLES OF "CLEARLY ESTABLISHED" RIGHTS UNDER ARIZONA LAW.
3. LEGAL EFFECT: CONDUCT THAT COMPLIES WITH THE STANDARDS SET FORTH IN THE MANUAL SHALL CREATE A REBUTTABLE PRESUMPTION THAT THE OFFICER IS ENTITLED TO QUALIFIED IMMUNITY IN CIVIL ACTIONS UNDER ARIZONA LAW. CONDUCT THAT VIOLATES THE MANUAL'S STANDARDS SHALL CREATE A REBUTTABLE PRESUMPTION THAT QUALIFIED IMMUNITY DOES NOT APPLY.
4. TRAINING AND ACKNOWLEDGMENT: EVERY PEACE OFFICER SHALL RECEIVE ANNUAL TRAINING ON THE MANUAL'S CONTENTS AND SHALL SIGN AN ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING. FAILURE TO RECEIVE SUCH TRAINING SHALL NOT BE A DEFENSE IN ANY PROCEEDING.
5. PUBLIC ACCESS: THE MANUAL SHALL BE PUBLISHED ONLINE IN A SEARCHABLE, ACCESSIBLE FORMAT AND SHALL BE AVAILABLE AT ALL LAW ENFORCEMENT AGENCIES AND PUBLIC LIBRARIES.
C. CORRESPONDING DUTY: A PEACE OFFICER HAS A DUTY TO KNOW AND COMPLY WITH THE STANDARDS SET FORTH IN THE ARIZONA PEACE OFFICER LEGAL STANDARDS MANUAL. IGNORANCE OF THE MANUAL'S PROVISIONS SHALL NOT BE A DEFENSE TO ALLEGATIONS OF MISCONDUCT.
D. QUALIFIED IMMUNITY LIMITATION: IN ANY CIVIL ACTION BROUGHT UNDER ARIZONA LAW AGAINST A PEACE OFFICER:
1. THE OFFICER BEARS THE BURDEN OF PROVING THEY ARE ENTITLED TO QUALIFIED IMMUNITY.
2. QUALIFIED IMMUNITY SHALL NOT BE AVAILABLE IF THE OFFICER VIOLATED A "CLEARLY ESTABLISHED RIGHT" AS DEFINED IN THE MANUAL, REGARDLESS OF WHETHER SIMILAR VIOLATIONS HAVE OCCURRED IN OTHER JURISDICTIONS.
3. QUALIFIED IMMUNITY SHALL NOT BE AVAILABLE FOR CONDUCT INVOLVING DISCRIMINATION BASED ON A PROTECTED CHARACTERISTIC, EXCESSIVE FORCE RESULTING IN SERIOUS BODILY INJURY OR DEATH, OR FALSIFICATION OF EVIDENCE.
41-2709. Right to Qualified Partners and Professional Colleagues
A. PEACE OFFICERS HAVE A RIGHT TO WORK ALONGSIDE PROPERLY VETTED AND QUALIFIED COLLEAGUES AND TO SERVE IN AGENCIES FREE FROM OFFICERS WITH HISTORIES OF SUBSTANTIATED MISCONDUCT.
B. TO EFFECTUATE THIS RIGHT:
1. ARIZONA DO NOT HIRE REGISTRY: THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD SHALL ESTABLISH AND MAINTAIN A CONFIDENTIAL ARIZONA DO NOT HIRE REGISTRY OF PEACE OFFICERS:
a. WHO HAVE BEEN DISMISSED FOR MISCONDUCT FROM ANY ARIZONA LAW ENFORCEMENT AGENCY;
b. WHO HAVE RESIGNED OR RETIRED WHILE UNDER INVESTIGATION FOR SERIOUS MISCONDUCT THAT WOULD LIKELY HAVE RESULTED IN DISMISSAL;
c. WHO HAVE BEEN DECERTIFIED IN ANOTHER STATE FOR CONDUCT THAT WOULD CONSTITUTE GROUNDS FOR DECERTIFICATION IN ARIZONA.
2. MANDATORY QUERY: BEFORE HIRING ANY PEACE OFFICER, A STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL:
a. QUERY THE ARIZONA DO NOT HIRE REGISTRY;
b. QUERY THE NATIONAL DECERTIFICATION INDEX;
c. REQUEST AND REVIEW THE OFFICER'S COMPLETE PERSONNEL FILE FROM ALL PREVIOUS LAW ENFORCEMENT EMPLOYERS;
d. CONDUCT A BACKGROUND INVESTIGATION THAT INCLUDES CONTACT WITH PREVIOUS SUPERVISORS.
3. PROHIBITION ON HIRING: NO STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL KNOWINGLY HIRE A PEACE OFFICER LISTED IN THE ARIZONA DO NOT HIRE REGISTRY, EXCEPT AS PROVIDED IN SUBSECTION C.
4. REPORTING REQUIREMENT: EVERY ARIZONA LAW ENFORCEMENT AGENCY SHALL REPORT TO THE BOARD WITHIN THIRTY (30) DAYS ANY PEACE OFFICER DISMISSED FOR MISCONDUCT OR WHO RESIGNS OR RETIRES WHILE UNDER INVESTIGATION FOR SERIOUS MISCONDUCT.
C. DUE PROCESS PROCEDURES:
1. BEFORE BEING LISTED IN THE REGISTRY, AN OFFICER SHALL RECEIVE WRITTEN NOTICE OF THE PROPOSED LISTING AND HAVE THE RIGHT TO A HEARING BEFORE THE BOARD.
2. AN OFFICER MAY PETITION FOR REMOVAL FROM THE REGISTRY AFTER FIVE (5) YEARS UPON SHOWING CLEAR AND CONVINCING EVIDENCE OF REHABILITATION AND THAT THE MISCONDUCT IS UNLIKELY TO RECUR.
3. AN AGENCY MAY REQUEST AN EXCEPTION TO HIRE A LISTED OFFICER BY DEMONSTRATING TO THE BOARD EXTRAORDINARY CIRCUMSTANCES AND COMPREHENSIVE SAFEGUARDS.
D. CORRESPONDING DUTIES:
1. PEACE OFFICERS HAVE A DUTY TO REPORT KNOWN MISCONDUCT BY COLLEAGUES THROUGH PROPER CHANNELS.
2. LAW ENFORCEMENT AGENCIES HAVE A DUTY TO THOROUGHLY VET ALL PROSPECTIVE HIRES AND TO PROTECT THEIR COMMUNITIES AND OFFICERS FROM UNQUALIFIED COLLEAGUES.
E. IMMUNITY: THE BOARD, ITS MEMBERS, AND AGENCIES REPORTING IN GOOD FAITH SHALL BE IMMUNE FROM CIVIL LIABILITY FOR ACTIONS TAKEN PURSUANT TO THIS SECTION.
ARTICLE 3. RIGHTS AND RESPONSIBILITIES OF COMMUNITIES
41-2710. Right to Community Partnership and Liaison
A. THE RESIDENTS WITHIN THE JURISDICTION OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY HAVE A RIGHT TO A FORMAL MECHANISM FOR CIVILIAN LIAISON AND COOPERATION WITH THAT AGENCY.
B. TO EFFECTUATE THIS RIGHT, EVERY STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL ESTABLISH A CIVILIAN LIAISON COMMITTEE WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE EFFECTIVE DATE OF THIS CHAPTER.
1. COMPOSITION: THE COMMITTEE SHALL BE COMPOSED OF NO FEWER THAN FIVE (5) AND NO MORE THAN NINE (9) VOTING MEMBERS WHO ARE RESIDENTS OF THE AGENCY'S JURISDICTION. MEMBERS SHALL BE APPOINTED BY THE AGENCY'S GOVERNING BODY (E.G., COUNTY BOARD OF SUPERVISORS, CITY COUNCIL, TRIBAL COUNCIL) AND SHALL REFLECT THE DEMOGRAPHIC, GEOGRAPHIC, AND OCCUPATIONAL DIVERSITY OF THE COMMUNITY.
2. PURPOSE AND FUNCTION: THE COMMITTEE SHALL SERVE AS A CONSULTATIVE BODY TO:
a. ENHANCE COMMUNICATION, UNDERSTANDING, AND COOPERATION BETWEEN THE AGENCY AND THE COMMUNITY.
b. REVIEW AND PROVIDE INPUT ON AGENCY POLICIES RELATED TO COMMUNITY ENGAGEMENT, DE-ESCALATION, AND CIVIL RIGHTS.
c. ASSIST IN DEVELOPING AND REVIEWING COMMUNITY-SPECIFIC TRAINING RELATED TO CULTURAL COMPETENCY AND LOCAL CONCERNS.
d. SERVE AS A NEUTRAL, FACILITATIVE RESOURCE TO HELP DE-ESCALATE TENSIONS AND ADDRESS COMMUNITY CONCERNS FOLLOWING CRITICAL INCIDENTS, PRIOR TO THE FORMAL COMPLETION OF ANY INTERNAL OR CRIMINAL INVESTIGATION.
3. ACCESS AND CONFIDENTIALITY: THE COMMITTEE SHALL HAVE REASONABLE ACCESS TO THE AGENCY'S LEADERSHIP FOR CONSULTATION. THE COMMITTEE SHALL NOT HAVE ACCESS TO CONFIDENTIAL PERSONNEL RECORDS, ACTIVE INVESTIGATIVE FILES, OR INFORMATION PROTECTED BY PRIVILEGE. ALL MEMBERS SHALL RECEIVE TRAINING ON CONFIDENTIALITY AND SHALL SIGN A CONFIDENTIALITY AGREEMENT.
4. REPORTING: THE COMMITTEE SHALL PUBLISH AN ANNUAL PUBLIC REPORT DETAILING ITS ACTIVITIES, COMMUNITY CONCERNS IDENTIFIED, AND RECOMMENDATIONS MADE TO THE AGENCY. THE AGENCY SHALL PROVIDE A FORMAL, WRITTEN RESPONSE TO THE COMMITTEE'S ANNUAL REPORT WITHIN NINETY (90) DAYS.
C. CORRESPONDING DUTY OF THE AGENCY: THE CHIEF LAW ENFORCEMENT OFFICER OF THE AGENCY (E.G., SHERIFF, CHIEF OF POLICE) SHALL MEET WITH THE COMMITTEE AT LEAST QUARTERLY AND SHALL CONSIDER IN GOOD FAITH THE RECOMMENDATIONS PRESENTED.
41-2711. Right to Co-Response and Behavioral Health Support
A. PEACE OFFICERS AND THE COMMUNITIES THEY SERVE HAVE A RIGHT TO ACCESS APPROPRIATE, SPECIALIZED SUPPORT FOR CRISES WHERE LAW ENFORCEMENT ACTION IS NOT THE PRIMARY SOLUTION.
B. TO EFFECTUATE THIS RIGHT:
1. ESTABLISHMENT OF CO-RESPONSE CAPACITY: EVERY STATE OR LOCAL LAW ENFORCEMENT AGENCY SERVING A POPULATION OF FIFTY THOUSAND (50,000) OR MORE SHALL, WITHIN TWO (2) YEARS OF THE EFFECTIVE DATE OF THIS CHAPTER, ESTABLISH OR CONTRACT FOR A CO-RESPONSE TEAM CAPABLE OF RESPONDING TO APPROPRIATE CALLS TWENTY-FOUR (24) HOURS A DAY, SEVEN (7) DAYS A WEEK. AGENCIES SERVING A POPULATION UNDER 50,000 SHALL ESTABLISH A REGIONAL CO-RESPONSE AGREEMENT WITH ONE OR MORE NEIGHBORING AGENCIES OR THEIR COUNTY GOVERNMENT TO ENSURE REASONABLE ACCESS TO SUPPORT.
2. DISPATCH PROTOCOLS: EACH AGENCY, IN CONSULTATION WITH ITS CIVILIAN LIAISON COMMITTEE AND LOCAL BEHAVIORAL HEALTH AUTHORITIES, SHALL DEVELOP CLEAR DISPATCH PROTOCOLS TO IDENTIFY AND DIVERT APPROPRIATE CALLS TO A CO-RESPONSE TEAM OR A BEHAVIORAL HEALTH-FIRST RESPONSE, WHERE FEASIBLE AND SAFE.
3. TRAINING AND QUALIFICATIONS: BEHAVIORAL HEALTH PROFESSIONALS SERVING ON CO-RESPONSE TEAMS SHALL BE LICENSED OR CERTIFIED BY THE STATE OF ARIZONA AND SHALL RECEIVE SPECIFIC TRAINING IN FIELD SAFETY AND LAW ENFORCEMENT COOPERATION. PARTICIPATING PEACE OFFICERS SHALL RECEIVE ADVANCED TRAINING IN BEHAVIORAL HEALTH CRISIS RECOGNITION AND DE-ESCALATION.
C. CORRESPONDING DUTIES:
1. A PEACE OFFICER DISPATCHED TO A SCENE THAT PRIMARILY INVOLVES A BEHAVIORAL HEALTH OR SOCIAL SERVICE CRISIS HAS A DUTY TO REQUEST A CO-RESPONSE TEAM OR BEHAVIORAL HEALTH SUPPORT, IF AVAILABLE, AND TO UTILIZE DE-ESCALATION TACTICS.
2. THE SUPERVISING LAW ENFORCEMENT AGENCY HAS A DUTY TO COLLABORATE WITH COUNTY BEHAVIORAL HEALTH DEPARTMENTS AND LOCAL SERVICE PROVIDERS TO ENSURE CO-RESPONSE TEAMS HAVE ACCESS TO TREATMENT, SHELTER, AND SERVICE REFERRAL PATHWAYS.
ARTICLE 4. STRUCTURAL SUPPORTS AND ENFORCEMENT
41-2712. Right to Agency Support and Non-Retaliation
A. A STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL HAVE A DUTY TO SUPPORT A PEACE OFFICER'S LAWFUL EXERCISE OF RIGHTS UNDER SECTIONS 41-2702, 41-2703, 41-2705, 41-2706, 41-2707, 41-2708, AND 41-2709 AND SHALL NOT PERMIT RETALIATION.
B. THE ATTORNEY GENERAL SHALL HAVE A DUTY TO DEFEND THE SOVEREIGN INTERESTS OF THE STATE AND THE LAWFUL ACTIONS OF ITS OFFICERS TAKEN PURSUANT TO THIS CHAPTER.
41-2713. Right to Whistleblower Protection and Legal Defense
A. A PEACE OFFICER WHO IN GOOD FAITH REPORTS A VIOLATION OF THIS CHAPTER HAS THE RIGHT TO PROTECTION FROM RETALIATION UNDER THE ARIZONA EMPLOYMENT PROTECTION ACT (TITLE 23, CHAPTER 4).
B. A PEACE OFFICER WHO IS SUED OR PROSECUTED FOR ACTIONS TAKEN IN GOOD-FAITH RELIANCE ON OR PURSUANT TO THIS CHAPTER HAS THE RIGHT TO LEGAL DEFENSE AND INDEMNIFICATION BY THEIR EMPLOYING AGENCY, SUBJECT TO THE PROVISIONS OF TITLE 38, CHAPTER 3, ARTICLE 1.
41-2714. Attorney General's Duty to Publish Legal Standards Manual
A. THE ATTORNEY GENERAL SHALL, WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE EFFECTIVE DATE OF THIS CHAPTER, PUBLISH THE FIRST EDITION OF THE ARIZONA PEACE OFFICER LEGAL STANDARDS MANUAL.
B. THE ATTORNEY GENERAL SHALL APPOINT A LEGAL STANDARDS TASK FORCE COMPRISED OF:
1. THREE (3) CURRENT OR RETIRED PEACE OFFICERS FROM DIVERSE AGENCIES AND REGIONS.
2. TWO (2) PROSECUTORS APPOINTED BY THE ARIZONA PROSECUTING ATTORNEYS' ADVISORY COUNCIL.
3. TWO (2) DEFENSE ATTORNEYS APPOINTED BY THE ARIZONA STATE BAR.
4. TWO (2) CIVIL RIGHTS ATTORNEYS WITH EXPERIENCE IN POLICE ACCOUNTABILITY LITIGATION.
5. TWO (2) LEGAL SCHOLARS FROM ARIZONA LAW SCHOOLS APPOINTED BY THE ARIZONA BOARD OF REGENTS.
6. TWO (2) MEMBERS OF THE PUBLIC APPOINTED JOINTLY BY THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE.
C. THE TASK FORCE SHALL HOLD PUBLIC HEARINGS IN AT LEAST FOUR REGIONS OF THE STATE BEFORE RECOMMENDING UPDATES TO THE MANUAL. THESE HEARINGS SHALL BE CONDUCTED IN ACCORDANCE WITH TITLE 38, CHAPTER 3, ARTICLE 3.1.
D. THE MANUAL SHALL BE UPDATED ANNUALLY TO INCORPORATE NEW CASE LAW, STATUTORY CHANGES, AND BEST PRACTICES. EACH UPDATE SHALL BE SUBJECT TO A THIRTY (30) DAY PUBLIC COMMENT PERIOD.
41-2715. Funding and Grant Program
A. THE ARIZONA DEPARTMENT OF PUBLIC SAFETY SHALL ADMINISTER THE COMMUNITY SAFETY, EDUCATION, AND CO-RESPONSE GRANT PROGRAM TO PROVIDE FUNDING TO LOCAL LAW ENFORCEMENT AGENCIES FOR:
1. THE ESTABLISHMENT AND OPERATION OF CO-RESPONSE TEAMS.
2. THE TRAINING OF OFFICERS AND BEHAVIORAL HEALTH PROFESSIONALS FOR CO-RESPONSE.
3. THE DEVELOPMENT AND MAINTENANCE OF CIVILIAN LIAISON COMMITTEES.
4. DE-ESCALATION AND COMMUNITY-BASED POLICING TRAINING.
5. TUITION REIMBURSEMENT PROGRAMS FOR PEACE OFFICERS.
6. LEADERSHIP DEVELOPMENT AND SUPERVISORY TRAINING.
7. TRAINING ON THE ARIZONA PEACE OFFICER LEGAL STANDARDS MANUAL.
8. IMPLEMENTATION COSTS ASSOCIATED WITH THE DO NOT HIRE REGISTRY.
B. ADDITIONAL RESTRICTION: NO GRANT FUNDS UNDER THIS PROGRAM SHALL BE USED TO MATCH OR SUPPLEMENT MATERIAL SUPPORT FROM PRIVATE ENTITIES THAT WOULD VIOLATE SECTION 41-2707.
C. PRIORITIZATION: WHEN AWARDING GRANTS, THE DEPARTMENT SHALL PRIORITIZE APPLICATIONS FROM AGENCIES THAT:
1. DEMONSTRATE FULL COMPLIANCE WITH SECTION 41-2707'S DISCLOSURE REQUIREMENTS.
2. HAVE ADOPTED PROCUREMENT POLICIES THAT PROHIBIT QUID PRO QUO ARRANGEMENTS.
3. DEMONSTRATE A COMMITMENT TO DE-ESCALATION TRAINING AND COMMUNITY-BASED POLICING.
4. HAVE ACHIEVED OR ARE MAKING PROGRESS TOWARD FULL COMPLIANCE WITH THE SUPERVISORY EDUCATION REQUIREMENT IN SECTION 41-2706.
5. DEMONSTRATE HIGH RATES OF OFFICER COMPLETION OF TRAINING ON THE LEGAL STANDARDS MANUAL.
6. HAVE FULLY IMPLEMENTED THE DO NOT HIRE REGISTRY QUERY REQUIREMENTS OF SECTION 41-2709.
7. ARE SEEKING FUNDING FOR THE PURPOSES IN SUBSECTION A(1-8) OVER FUNDING FOR ESCALATORY EQUIPMENT.
D. FUNDING FOR THIS GRANT PROGRAM SHALL BE APPROPRIATED BY THE LEGISLATURE AND MAY BE SUPPLEMENTED BY FEDERAL GRANTS ACCEPTED BY THE DEPARTMENT, PROVIDED ACCEPTANCE DOES NOT VIOLATE OTHER PROVISIONS OF THIS CHAPTER.
41-2716. Enforcement and Penalties
A. THE ATTORNEY GENERAL SHALL INVESTIGATE AND ENFORCE ALLEGED VIOLATIONS OF THIS CHAPTER.
B. A STATE OR LOCAL LAW ENFORCEMENT AGENCY FOUND TO HAVE VIOLATED ARTICLES 2 OR 3 OF THIS CHAPTER SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIFTY THOUSAND DOLLARS ($50,000) FOR EACH VIOLATION, PAYABLE TO THE STATE GENERAL FUND, AND SHALL BE INELIGIBLE TO RECEIVE STATE GRANT FUNDING, INCLUDING UNDER SECTION 41-2715, FOR TWO (2) FISCAL YEARS.
C. AN AGENCY THAT FAILS TO COMPLY WITH THE SUPERVISORY EDUCATION REQUIREMENT OF SECTION 41-2706(B)(1) SHALL BE SUBJECT TO A REDUCTION IN STATE SHARED REVENUE BY FIVE PERCENT (5%) FOR EACH FISCAL YEAR OF NON-COMPLIANCE.
D. AN AGENCY THAT PROCURES OR USES ESCALATORY EQUIPMENT OR TRAINING IN VIOLATION OF SECTION 41-2705(D) SHALL BE INELIGIBLE FOR STATE GRANT FUNDING FOR THREE (3) FISCAL YEARS.
E. AN AGENCY FOUND TO HAVE VIOLATED SECTION 41-2707 SHALL BE SUBJECT TO:
1. A CIVIL PENALTY EQUAL TO THREE TIMES THE VALUE OF THE UNDISCLOSED OR IMPROPER MATERIAL SUPPORT.
2. INELIGIBILITY TO RECEIVE STATE GRANT FUNDING FOR THREE (3) FISCAL YEARS.
3. REQUIRED DIVESTITURE OF ANY EQUIPMENT OR BENEFITS RECEIVED THROUGH THE VIOLATION.
F. AN AGENCY THAT FAILS TO PROVIDE REQUIRED TRAINING ON THE LEGAL STANDARDS MANUAL AS REQUIRED BY SECTION 41-2708(B)(4) SHALL BE SUBJECT TO A CIVIL PENALTY OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) AND SHALL ASSUME JOINT LIABILITY FOR ANY CIVIL JUDGMENT AGAINST AN OFFICER WHO WAS NOT PROPERLY TRAINED.
G. AN AGENCY THAT KNOWINGLY HIRES AN OFFICER LISTED IN THE DO NOT HIRE REGISTRY IN VIOLATION OF SECTION 41-2709 SHALL BE:
1. SUBJECT TO A CIVIL PENALTY OF ONE HUNDRED THOUSAND DOLLARS ($100,000);
2. INELIGIBLE FOR STATE GRANT FUNDING FOR FIVE (5) YEARS;
3. LIABLE FOR ANY DAMAGES CAUSED BY THAT OFFICER'S SUBSEQUENT MISCONDUCT.
H. AN AGENCY THAT FAILS TO REPORT A DISMISSAL FOR MISCONDUCT AS REQUIRED BY SECTION 41-2709 SHALL BE SUBJECT TO A CIVIL PENALTY OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) PER VIOLATION.
I. AN INDIVIDUAL PEACE OFFICER WHO KNOWINGLY VIOLATES SECTION 41-2707 SHALL BE SUBJECT TO:
1. SUSPENSION OR REVOCATION OF CERTIFICATION BY THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD.
2. CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS ($10,000) PER VIOLATION.
3. REFERRAL FOR CRIMINAL PROSECUTION IF THE VIOLATION INVOLVES BRIBERY OR OFFICIAL MISCONDUCT.
J. A PRIVATE ENTITY THAT KNOWINGLY ENGAGES IN A QUID PRO QUO ARRANGEMENT IN VIOLATION OF SECTION 41-2707 SHALL BE:
1. BARRED FROM CONTRACTING WITH ANY ARIZONA STATE OR LOCAL GOVERNMENT ENTITY FOR FIVE (5) YEARS.
2. SUBJECT TO A CIVIL PENALTY OF UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000) PER VIOLATION.
K. A PEACE OFFICER FOUND BY THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD, AFTER AN ADMINISTRATIVE HEARING, TO HAVE WILLFULLY VIOLATED THE CORRESPONDING DUTIES UNDER ARTICLE 2 IS SUBJECT TO SUSPENSION OR REVOCATION OF CERTIFICATION.
L. ANY PERSON INJURED BY A VIOLATION OF THIS CHAPTER SHALL HAVE A PRIVATE CAUSE OF ACTION FOR ACTUAL AND PUNITIVE DAMAGES, ATTORNEY FEES, AND COSTS.
41-2717. Severability
The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application.
Section 2. Conforming Amendments
A. Title 41, chapter 12, article 3 is amended to require:
1. Training on all rights, duties, and community partnership provisions of this chapter, with specific emphasis on the Arizona Peace Officer Legal Standards Manual, as part of basic peace officer certification and in-service training.
2. That promotional examinations for supervisory ranks include assessment of knowledge of the Legal Standards Manual, constitutional law, de-escalation techniques, community-based policing principles, ethical leadership, and procurement integrity.
3. That basic certification include passage of an examination on the Legal Standards Manual.
4. The development and implementation of specific training on identifying and reporting misconduct as required by section 41-2709.
B. Title 41, chapter 23 (Procurement Code) is amended to require that all law enforcement procurement contracts include a clause certifying compliance with section 41-2707 of this chapter.
C. Title 12, chapter 8 is amended to incorporate the qualified immunity standards and procedures established in section 41-2708 of this chapter.
D. The Arizona Department of Public Safety shall adopt rules necessary to administer the grant program under section 41-2715 within one hundred eighty (180) days of the effective date of this act, including criteria for evaluating "commitment to de-escalation and community-based policing."
E. The Arizona Peace Officer Standards and Training Board shall adopt rules necessary to:
1. Implement and enforce the certification provisions of sections 41-2704 and 41-2716 within one hundred eighty (180) days.
2. Implement the supervisory education requirement in section 41-2706, including approval of qualifying degree programs and processes for emergency exceptions.
3. Develop and mandate ethics training specific to identifying and avoiding conflicts of interest with private entities.
4. Establish and maintain the Arizona Do Not Hire Registry as required by section 41-2709, including due process procedures, confidentiality protocols, interstate data sharing agreements, and reporting mechanisms.
Section 3. Effective Date
This act is effective from and after December 31, 20XX, except that:
1. The supervisory education requirement in section 41-2706(B)(1) shall apply to promotions occurring on or after July 1, 20XX+1.
2. The qualified immunity provisions in section 41-2708 shall apply to conduct occurring on or after July 1, 20XX+1.
3. The Do Not Hire Registry requirements shall apply to hires occurring on or after July 1, 20XX+1.
4. The co-response team requirements shall apply as specified in section 41-2711.
