House of Representatives

HB 2350

probation and surveillance officers; firearms

Sponsors: Representative Johnson

 

F

Committee on Judiciary

 

Caucus and COW

 

 

As Passed the House

 

HB 2350 as introduced authorizes adult and juvenile probation officers to carry a firearm while on duty. A same-subject strike-everything amendment has been drafted for consideration.  The history and provisions follow.

 

History

 

Arizona Revised Statutes sections 12-253 and 13-916 grant the authority of a peace officer to adult probation and surveillance officers.  Currently, one probation department in Arizona, the adult probation department of the Superior Court of Pima County, authorizes its probation officers to carry a firearm while on duty.  Pima County has instituted a firearm policy for its officers to follow.  The policy includes a statement that the purpose for carrying a firearm is to protect officers from death or serious bodily harm, and provides procedures in the event that an officer discharges a firearm in the performance of duty.

 

Provisions

 

·                      Authorizes an adult probation department to allow an adult probation or surveillance officer to carry a firearm on duty to protect the officer from death or serious bodily harm if the officer does the following:

1.      Completes 40 hours of firearms training by an Arizona Peace Officer Standards and Training (APOST) Board-certified instructor.

2.      Completes all recertification instruction in the use of a firearm required by APOST.

3.      Has the minimum qualifications required for a peace officer as specified in statute.

 

·                      Specifies that firearm certification or recertification instruction for probation officers shall not exceed that required for Arizona Department of Public Safety officers.

 

·                      Requires a probation department to provide firearms training for its officers.

 

·                      Requires a probation department to use monies in the probation service fees fund to pay for a firearm, ammunition and firearms instruction.  Stipulates that these costs are an employee benefit for probation and surveillance officers and prohibits a reduction in salary to offset the costs.

 

·                      Requires a probation officer to carry credentials issued by the probation department while on duty.

 

·                      Requires a probation department to provide a firearm and ammunition to be carried by an officer.  Requires that the firearm be of recognized manufacture.

 

·                      Requires an adult probation department to pay for purchasing a firearm, ammunition and for firearms training before an officer may carry a firearm while on duty.

 

·                      Requires a probation department to create procedures for firearms use by its officers.

 

HB 2350 failed to pass the Judiciary Committee.

 

 

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45th Legislature                                                                                                                                

First Regular Session                                   2                                                           March 7, 2001

 

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