Assigned to PSMT

AS PASSED BY THE HOUSE

ARIZONA STATE SENATE

Fifty-Second Legislature, First Regular Session

AMENDED
FACT SHEET FOR S.B. 1445
public records; peace officers name
Purpose
Outlines conditions in which a law enforcement agency: 1) may release a peace officers
name; and 2) must release a peace officers name when the officer is involved in certain
incidents including the use of deadly physical force.
Background
Statute requires public records and other matters in the custody of any officer to be open
to inspection by any person at all times during office hours (A.R.S. 39-121). All officers and
public bodies must maintain records reasonably necessary to provide an accurate knowledge of
their official activities and government-funded activities (A.R.S. 39-121.01). However, the
custodian of public records must deny inspection when the record is made confidential by
statute. Berry v. State, 145 Ariz. 12, 13-14 (App. 1985). According to the Attorney Generals
office, there are over 300 statutes that limit public disclosure of all or a portion of certain
governmental records.
Statute permits a law enforcement agency to release a peace officers photograph if the
peace officer has been arrested for or formally charged with a misdemeanor or felony offense or
if requested by a representative of a newspaper for a specific newsworthy event. However, in the
case of a request by a newspaper representative, the photograph may not be released if: 1) the
officer is serving in an undercover capacity or will be serving in such capacity within a specified
period of time; 2) the release is not in the best interest of this state after taking into consideration
the officers privacy, confidentiality and safety; or 3) the court has ordered the officers personal
information to be redacted from public record (A.R.S. 39-123).
Deadly physical force is defined as force used with the purpose of causing death or
serious physical injury, or in the manner of its use or intended use is capable of creating a
substantial risk of causing death or serious physical injury. Serious physical injury includes
impairment of physical condition that creates a reasonable risk of death, or that causes serious
and permanent disfigurement, serious impairment of health or loss or protracted impairment of
the function of any bodily organ or limb (A.R.S. 13-105).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.

FACT SHEET - Amended

S.B. 1445
Page 2
Provisions
1. Applies the existing standard for the release of a peace officers photograph to the release of
the peace officers name.
2. Stipulates that, until specified circumstances are met, public records laws do not require the
disclosure of the name of a peace officer involved in an incident that:
a) involves the use of deadly physical force; and
b) results in either the death or serious physical injury of the officer or another person.
3. Prohibits a law enforcement agency or employing state or local governmental entity (agency)
from publicly releasing the name of such an officer.
4. Requires any release of disciplinary action against such an officer to be redacted in a way
that will not identify the officer.
5. Requires, on request, disclosure of such an officers name 60 days after the incident occurs or
if any of the following applies, whichever occurs first:
a) the peace officer has been arrested or formally charged by complaint, information or
indictment for actions related to the incident;
b) the criminal investigation of the incident is complete;
c) the peace officer consents in writing to the release;
d) an Arizona rule of criminal procedure requires the release;
e) the officers next of kin, or the agencys chief executive officer if there is no next of kin,
consents to the release in writing if the officer is incapacitated; or
f) the officer has died in the line of duty and the agency has consented to the release.
6. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Enumerates the circumstances in which a peace officers name may be released and
additional situations in which the name of an officer involved in a deadly physical force
incident must be released.
2. Requires redaction of disciplinary action.
3. Removes the ability of the agency to refuse to respond to certain information requests.

FACT SHEET - Amended

S.B. 1445
Page 3
Senate Action
PSMT
3rd Read

House Action
2/11/15
2/23/15

DP

Prepared by Senate Research

March 19, 2015
AW/jo

3-1-2-0
23-6-1

MAPS
3rd Read

3/5/15 DP
3/18/15

7-2-0
44-13-3