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HB2675 - 572R - I Ver
REFERENCE TITLE:
constables; AZPOST certification
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2675
Introduced by
Representatives
Hernandez C: Biasiucci, Contreras P, Hernandez A, Hernandez L, Luna-N�jera,
Volk
AN
ACT
amending sections 22-131, 22-137
and 41-1822, Arizona Revised Statutes; relating to constables.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 22-131, Arizona Revised
Statutes, is amended to read:
START_STATUTE
22-131.
Constables; powers and duties; prohibited acts
A. Constables shall attend the courts of justices of
the peace within their precincts when required, and within their counties shall
execute, serve and return all processes, warrants and notices directed or
delivered to them by a justice of the peace of the county or by competent
authority. In addition to any other provision of law these duties
may be enforced by the presiding judge of the superior court in the county,
including the use of the power of contempt.
B. Constables shall attend the training prescribed
in section 22-137.
C. Constables, with the consent of and at salaries
fixed by the board of supervisors, may appoint deputies who are certified
pursuant to section 41-1822, subsection A, paragraph 3, stenographers,
clerks and assistants necessary to conduct the affairs of their
offices. The appointments shall be in writing.
D. The provisions of law relating to sheriffs, as
far as applicable, govern the powers, duties and liabilities of constables.
E. A constable who is duly elected or who is
appointed by the board of supervisors
and who is certified by
the arizona peace officer standards and training board
has the authority
of a peace officer
only in the performance of the constable's
official duties
.
F. A constable may execute, serve and return
processes and notices as prescribed in subsection A of this section within any
precinct in another county if that precinct adjoins the precinct in which the
constable was elected or appointed.
G. A constable is prohibited from engaging in any
act as a private process server outside of the constable's elected or appointed
duties. A constable shall not own an interest in any entity that
operates a private process serving business.
H. An elected or appointed constable may request
training from the constable ethics standards and training board.� If approved
by the board, the training shall be paid for with board monies and provided by
a constable who is selected by the board and who has completed the mandatory
basic training course prescribed in section 22-137.� The constable who is
selected to provide the training may provide that training in any county of
this state.
END_STATUTE
Sec. 2. Section 22-137, Arizona Revised
Statutes, is amended to read:
START_STATUTE
22-137.
Constable ethics standards and training board; powers and duties;
judicial review; constable training; definition
A. The constable ethics standards and training board
shall:
1. Adopt rules for the administration and conduct of
the board, including meeting times, meeting places and matters to be placed on
the agenda of each meeting, and for the distribution of monies in the constable
ethics standards and training fund pursuant to section 22-138.
2. Adopt a code of conduct for constables and adopt
rules to enforce the code of conduct.
3. Establish procedures for conducting confidential
investigations and holding hearings.
4. Hear and investigate written complaints from any
person involving a constable's ethical conduct.
5. Remedy a constable's inappropriate behavior by:
(a) Mediating.
(b) Issuing warnings, reprimands or admonishments.
(c) Instructing constables to take a particular
action or to take educational classes.
(d) Urging a constable to resign from office.
(e) Placing a constable on probation for up to
thirty days, except that after the initial thirty days of probation if the
constable is making progress on probation but the constable's behavior is not
yet compliant, the board may extend probation in additional thirty-day
increments up to a total length of probation of one hundred eighty days.
(f) Recommending to the board of supervisors that a
constable who has previously been placed on probation be suspended from
performing the constable's duties without pay for any specified length of time
not to exceed the remainder of the constable's term.
6. Adopt a standardized daily activity log for
constables that is approved by the director of the Arizona peace officer
standards and training board and that complies with section 11-445,
subsections I and J.
B. The board may:
1. Employ an executive director and other staff
necessary to fulfill the powers and duties of the board.
2. Enter into contracts and interagency agreements
to carry out its powers and duties.
3. Certify organizations to provide training and
support programs for constables.
4. Provide support grants to constables for local or
statewide training programs.
5. Take
and hear evidence, administer oaths and affirmations and compel by subpoena the
attendance of witnesses, including constables, and the production of books,
papers, records, documents and other information relating to any investigation or
hearing.
C. If the board determines that a constable has
committed a criminal act, the board shall refer the investigation to the county
attorney's office in the county in which the conduct at issue occurred.� The
board shall submit the investigation's findings to the county attorney.� If the
county attorney determines that a crime has not occurred or does not file a
criminal complaint against the constable, the board shall adjudicate the
complaint pursuant to subsection A, paragraph 5 of this section.
D. A constable may seek judicial review of a final
order that is issued by the board of supervisors suspending the constable in
the superior court in the county in which the constable is elected or
appointed. Judicial review shall be conducted pursuant to title 12, chapter 7,
article 6.� Judicial review must be commenced pursuant to section 12-904.
E. The Arizona peace officer standards and training
board shall approve a mandatory
basic
training course for
newly
elected constables
covering topics including
civil and criminal process, conflict resolution and firearm safety
and shall certify those constables who complete the required training
courses
.� Constables must attend the mandatory training course within
six months after election. In subsequent years, constables must
annually
attend at least sixteen hours of
complete
any
additional training approved
or required
by
the Arizona peace officer standards and training board.� The constable ethics
standards and training board may approve additional training courses for
constables.� The constable ethics standards and training fund established by
section 22-138 may be used for constable training.� Copies of
certificates of completion of the constable training shall be forwarded to the
constable ethics standards and training board within thirty days after
completion.
F. This section does not:
1. Create a cause of action or a right to bring an
action against the board.
2. Preclude a prosecuting agency from filing charges
against a constable.
G. The board of supervisors may accept or modify a
recommendation to suspend a constable from performing the constable's duties
without pay pursuant to subsection A, paragraph 5 of this
section. The board of supervisor's determination is final unless a
constable seeks judicial review pursuant to subsection D of this section.
H. For the purposes of this section,
"constable" includes a deputy constable who is appointed, employed or
authorized by the county board of supervisors.
END_STATUTE
Sec. 3. Section 41-1822, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-182
2.
Powers and duties of board;
definition
A. With respect to peace officer training and
certification, the board shall:
1. Establish rules for the government and conduct of
the board, including meeting times and places and matters to be placed on the
agenda of each meeting.
2. Make recommendations, consistent with this
article, to the governor, the speaker of the house of representatives and the
president of the senate on all matters relating to law enforcement and public
safety.
3. Prescribe reasonable minimum qualifications for
officers to be appointed to enforce the laws of this state and the political
subdivisions of this state and certify officers in compliance with these
qualifications.� Notwithstanding any other law, the qualifications shall
require United States citizenship, shall relate to physical, mental and moral
fitness and shall govern the recruitment, appointment and retention of all
agents, peace officers and police officers of every political subdivision of
this state. The board shall constantly review the qualifications established by
this section and may amend the qualifications at any time, subject to the
requirements of section 41-1823.
4. Prescribe minimum courses of training and minimum
standards for training facilities for law enforcement officers.� Only this
state and political subdivisions of this state may conduct basic peace officer
training.� Basic peace officer academies may admit individuals who are not
peace officer cadets only if a cadet meets the minimum qualifications
established by paragraph 3 of this subsection. Training shall
include:
(a) Courses in responding to and reporting all
criminal offenses that are motivated by race, color, religion, national origin,
sexual orientation, gender or disability.
(b) Training certified by the director of the
department of health services with assistance from a representative of the
board on the nature of unexplained infant death and the handling of cases
involving the unexplained death of an infant.
(c) Medical information on unexplained infant death
for first responders, including awareness and sensitivity in dealing with
families and child care providers, and the importance of forensically competent
death scene investigations.
(d) Information on the protocol of investigation in
cases of an unexplained infant death, including the importance of a consistent
policy of thorough death scene investigation.
(e) The use of the infant death investigation
checklist pursuant to section 36-3506.
(f) If an unexplained infant death occurs, the value
of timely communication between the medical examiner's office, the department
of health services and appropriate social service agencies that address the
issue of infant death and bereavement, to achieve a better understanding of
these deaths and to connect families to various community and public health
support systems to enhance recovery from grief.
5. Recommend curricula for advanced courses and
seminars in law enforcement and intelligence training in universities, colleges
and community colleges, in conjunction with the governing body of the
educational institution.
6. Make inquiries to determine whether this state or
political subdivisions of this state are adhering to the standards for
recruitment, appointment, retention and training established pursuant to this
article.� The failure of this state or any political subdivision to adhere to
the standards shall be reported at the next regularly scheduled meeting of the
board for action deemed appropriate by that body.
7. Employ an executive director and other staff as
are necessary to fulfill the powers and duties of the board in accordance with
the requirements of the law enforcement merit system council.
B. With respect to state department of corrections
correctional officers, the board shall:
1. Approve a basic training curriculum of at least
two hundred forty hours.
2. Establish uniform minimum
standards. These standards shall include high school graduation or
the equivalent and a physical examination as prescribed by the director of the
state department of corrections.
3. Establish uniform standards for background
investigations, including criminal histories under section 41-1750, of
all applicants before enrolling in the academy. The board may adopt
special procedures for extended screening and investigations in extraordinary
cases to ensure suitability and adaptability to a career as a correctional
officer.
4. Issue a certificate of completion to any state
department of corrections correctional officer who satisfactorily complies with
the minimum standards and completes the basic training program. The
board may issue a certificate of completion to a state department of
corrections correctional officer who has received comparable training in
another state if the board determines that the training was at least equivalent
to that provided by the academy and if the person complies with the minimum
standards.
5. Establish continuing training requirements and
approve curricula.
C. With respect to constables, the
board shall:
1. Approve a basic training
curriculum.
2. Establish uniform minimum
standards such as high school graduation or the equivalent.
3. Establish uniform standards for
background investigations, including criminal histories under section 41-1750.
4. Issue a certificate of completion
to any constable who satisfactorily complies with the minimum standards and
completes the basic training program.
5. Establish continuing training
requirements and approve curricula.
C.
D.
With
respect to peace officer misconduct, the board may:
1. Receive complaints of peace officer misconduct
from any person, request law enforcement agencies to conduct investigations and
conduct independent investigations into whether an officer is in compliance
with the qualifications established pursuant to subsection A, paragraph 3 of
this section.
2. Receive a complaint of peace officer misconduct
from the president or chief executive officer of a board recognized law
enforcement association that represents the interests of certified law
enforcement officers if the association believes that a law enforcement agency
refused to investigate or made findings that are contradictory to prima facie
evidence of a violation of the qualifications established pursuant to
subsection A, paragraph 3 of this section.� If the board finds that the law enforcement
agency refused to investigate or made findings that contradicted prima facie
evidence of a violation of the qualifications established pursuant to
subsection A, paragraph 3 of this section, the board shall conduct an
independent investigation to determine whether the officer is in compliance
with the qualifications established pursuant to subsection A, paragraph 3 of
this section and provide a letter of the findings based on the investigation
conducted by the board to the president or chief executive officer of the board
recognized law enforcement association who made the complaint.
D.
E.
The
board may:
1. Deny, suspend, revoke or cancel the certification
of an officer who is not in compliance with the qualifications established
pursuant to subsection A, paragraph 3 of this section.
2. Provide training and related services to assist
state, tribal and local law enforcement agencies to better serve the public,
including training for emergency alert notification systems.
3. Enter into contracts to carry out its powers and
duties.
E.
F.
This
section does not create a cause of action or a right to bring an action,
including an action based on discrimination due to sexual orientation.
F.
G.
For
the purposes of this section, "sexual orientation" means consensual
homosexuality or heterosexuality.
END_STATUTE