38-1118. Use-of-force incidents; data collection; reports; rules; public records; definitions

380 words·~2 min read·/az/title-38/38-1118

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A law enforcement agency shall collect and report use-of-force incidents involving law enforcement officers to the Arizona criminal justice commission beginning January 1, 2022. A law enforcement agency shall submit reports on use-of-force incidents to the Arizona criminal justice commission at least annually thereafter. The reported data may not include any identifying information on a law enforcement officer and the data collected and reported shall be consistent with the federal bureau of investigation's national use-of-force data collection.

B. The Arizona criminal justice commission shall establish procedures governing the collection and reporting of use-of-force incident data that are consistent with the requirements, definitions and methods of the national use-of-force data collection.

C. The Arizona criminal justice commission shall publish the data reported during the immediate past year under subsection A of this section beginning March 1, 2023 and on or before March 1 of each year thereafter, including statewide aggregate data and agency-specific data, in a publicly available database.

D. On or before January 1, 2025, the Arizona criminal justice commission shall conduct an analysis of law enforcement agency use-of-force rates reported pursuant to this section and shall release the analysis of trends or disparities in the use-of-force incident data, if any, to the public. The Arizona criminal justice commission shall update this report at least once every five years.

E. For the purposes of this section:

1. "Law enforcement agency" means a law enforcement agency of this state or a political subdivision of this state, including the department of public safety, a municipal, city, town, county and tribal police agency, a sheriff and special jurisdiction police.

2. "National use-of-force data collection" means the national use-of-force data collection that is established and administered by the federal bureau of investigation to provide nationwide statistics on law enforcement use-of-force incidents.

3. "Serious physical injury" has the same meaning prescribed in section 13-105.

4. "Use-of-force incident" means an incident in which any of the following occurs:

(a)A law enforcement officer's use of force is connected to a person's death.

(b)A law enforcement officer's use of force is connected to a person receiving a serious physical injury.

(c)In the absence of death or serious physical injury, a law enforcement officer discharged a firearm at or in the direction of a person.