REFERENCE TITLE: public records; peace officer's name

State of Arizona Senate Fifty-second Legislature First Regular Session 2015

SB 1445

Introduced by Senators Smith, Burges; Representatives Borrelli, Coleman, Finchem, Kern, Thorpe: Senators Kavanagh, McGuire, Shooter; Representatives Livingston, Olson

 

AN ACT

 

amending title 39, chapter 1, article 2, Arizona Revised Statutes, by adding section 39‑123.01; relating to public records.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 39, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 39-123.01, to read:

START_STATUTE39-123.01.  Peace officer identification; confidentiality

A.  This chapter does not require the disclosure of, and a law enforcement agency or employing state or local governmental entity may not publicly release, the name of a peace officer who is involved in an incident that involves the use of deadly physical force and that results in either the death or serious physical injury of the officer or another person for ninety days after the incident occurs or unless any of the following applies, whichever occurs first:

1.  The peace officer has been arrested or has been formally charged by complaint, information or indictment for actions related to the incident.

2.  The criminal investigation of the incident is complete.

3.  The peace officer consents in writing to the release.

4.  An Arizona rule of criminal procedure requires the release.

B.  If a peace officer's identification is prohibited from being publicly disclosed pursuant to this section, the law enforcement agency or employing state or local governmental entity may refuse to respond to a request for the information that is more than thirty days old.