Arizona Laws 38-1118. Use-of-force incidents; data collection; reports; rules; public records; definitions
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.
Terms Used In Arizona Laws 38-1118
- commission: means any office, board or commission of the state, or any political subdivision thereof, the salary or compensation of the incumbent or members of which is paid from a fund raised by taxation or by public revenue. See Arizona Laws 38-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement officer: means :
(a) An individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district. See Arizona Laws 38-1101
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
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.