qualified immunity; peace
officer pursuit
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Committee on Public Institutions & Rural Affairs |
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Committee on Judiciary |
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Caucus and COW |
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As Passed the House |
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HB 2573 expands qualified immunity for public employees and entities to cover peace officers in pursuit of a fleeing motor vehicle or a peace officer’s failure to pursue a fleeing motor vehicle.
Arizona Revised Statutes (A.R.S.) §12-820.02 provides qualified immunity for various incidents to a public entity or a public employee acting within the scope of the public employee’s employment unless the employee intended to cause injury or was grossly negligent. Currently, law stipulates that neither a public entity nor a public employee is liable for:
1. The failure to make an arrest or the failure to retain an arrested person in custody.
2. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.
3. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner's or youth's probation or community supervision or from the revocation of the prisoner's or youth's probation, community supervision or conditional release under the psychiatric security review board.
4. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.
5. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to A.R.S §12-820.01.
6. The failure to discover violations of any provision of law when inspections are done of property other than property owned by the public entity in question.
7. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of A.R.S §28-693, 28-1381 or 28-1382.
8. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.
9. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun.
10. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in section 8-305.
HB 2573 failed to pass the Public
Institutions & Rural Affairs Committee.
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45th
Legislature
First
Regular Session 3 February 21, 2001
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