A.R.S. tit. 41 ch. 12 — Arizona Revised Statutes Title 41 Chapter 12 — Public Safety

41-1701. Definitions In this chapter, unless the context otherwise requires: 1. "Board" means the Arizona peace officer standards and training board. 2. "Criminal history record information" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. 3. "Criminal justice agency" means courts or a government agency or any subunit thereof which performs detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. 4. "Department" means the department of public safety. 5. "Director" means the director of the department of public safety. 6. "Patrol" means the Arizona highway patrol. 7. "Peace officer" means any personnel of the department designated by the director as being a peace officer under the provisions of this chapter. 8. "Reserve" means the department of public safety reserve. 41-1711. Department of public safety; purpose; location; qualifications of director; responsibilities A. There shall be a department of public safety which is responsible for creating and coordinating services for use by local law enforcement agencies in protecting the public safety. The principal office and headquarters of the department shall be in Phoenix. B. The department shall formulate plans with a view to establishing modern services for prevention of crime, apprehension of violators, training of law enforcement personnel, and the promotion of public safety. The department shall in no way preempt the authority and jurisdiction of established agencies of political subdivisions of the state. C. The director shall be selected on the basis of training and experience with a minimum of five years' experience in the administration of law enforcement. D. The director shall be appointed by the governor pursuant to section 38-211 to serve concurrently with the appointing governor and shall be subject to removal for cause, including but not limited to malfeasance, misfeasance and nonfeasance in office. The director shall receive annual compensation as determined pursuant to section 38-611. E. The director shall be directly responsible to the governor for the conduct and the administration of the department. If the director is unable to act, the deputy director shall direct the activities of the department during the period in which the director is unable to act. If the director and deputy director are unable to act, the governor shall direct the activities of the department during the period in which the director and deputy director are unable to act. F. The director shall prescribe procedures for use of department personnel, facilities, equipment, supplies and other resources in assisting search or rescue operations. G. The director shall be responsible for the establishment, operation and maintenance of the statewide emergency medical services communication system prescribed by section 41-1835. H. The director may purchase, lease, equip, staff and operate air ambulances, including ambulance helicopters, pursuant to section 41-1834. I. To limit the expenditures of monies derived from the state highway fund established pursuant to article IX, section 14, Constitution of Arizona, to traffic safety and traffic law enforcement purposes, the department of public safety shall: 1. Maintain a strict account of all costs incurred by each function of the department. Such costs shall be determined and allocated between traffic safety or traffic law enforcement functions and all other departmental functions and shall include such costs as wages or salaries, materials or supplies and equipment or facility use. 2. Immediately following the determination of all such costs certify to the office of strategic planning and budgeting the full amount of all such costs relating to the various functions within the department. J. The office of strategic planning and budgeting shall annually submit a separate report to the legislature compiled from the department's functional costs certification indicating the complete breakdown between those costs which are related to traffic safety or traffic law enforcement functions and the various other functions within the department. The director of the department of administration shall include within the director's annual report to the legislature a recommendation for a separate appropriation to reimburse the state highway fund from the state general fund for any expenditures from the state highway fund during the prior fiscal year in excess of the total of all costs related to traffic safety or traffic law enforcement functions of the department. K. The director shall establish a special hazardous materials emergency response organizational unit within the department to function as the initial response element of the hazardous materials emergency management program pursuant to section 49-123. L. The department is designated as this state's recipient of federal victims of crime act grants. 41-1712. Organization of department; divisions (Eff. 7/1/28) A. The department shall consist of the following divisions: 1. Arizona highway patrol. 2. Narcotics enforcement and criminal investigation. 3. Scientific criminal analysis. 4. Training and education. B. The department may establish district headquarters and stations at various places in the state, using existing facilities wherever possible, with the personnel and equipment necessary for the proper functioning and operation of the headquarters and stations. C. The director may establish other divisions or reserves or reorganize or consolidate the department. 41-1712. Organization of department; divisions (L22, Ch. 311, sec. 3. Eff. 7/1/27) A. The department shall consist of the following divisions: 1. Arizona highway patrol. 2. Narcotics enforcement and criminal investigation. 3. Scientific criminal analysis. 4. Training and education. 5. Major incident division. B. The department may establish district headquarters and stations at various places in this state, using existing facilities wherever possible, with the personnel and equipment necessary for the proper functioning and operation of the headquarters and stations. C. The director may establish other divisions or reserves or reorganize or consolidate the department. 41-1713. Powers and duties of director; authentication of records A. The director of the department shall: 1. Be the administrative head of the department. 2. Subject to the merit system rules, appoint, suspend, demote, promote or dismiss all other classified employees of the department on the recommendation of their respective division superintendent. The director shall determine and furnish the law enforcement merit system council established by section 41-1830.11 with a table of organization. The superintendent of each division shall serve at the concurrent pleasure of the director and the governor. 3. Except as provided in sections 12-119, 41-1304 and 41-1304.05, employ officers and other personnel as the director deems necessary for the protection and security of the state buildings and grounds in the governmental mall described in section 41-1362, state office buildings in Tucson and persons who are on any of those properties. Department officers may make arrests and issue citations for crimes or traffic offenses and for any violation of a rule adopted under section 41-796. For the purposes of this paragraph, security does not mean security services related to building operation and maintenance functions provided by the department of administration. 4. Make rules necessary for the operation of the department. 5. Annually submit a report of the work of the department to the governor and the legislature, or more often if requested by the governor or the legislature. 6. Appoint a deputy director with the approval of the governor. 7. Adopt an official seal that contains the words "department of public safety" encircling the seal of this state as part of its design. 8. Investigate, on receipt, credible evidence that a licensee or registrant has been arrested for, charged with or convicted of an offense that would preclude the person from holding a license or registration certificate issued pursuant to title 32, chapter 26. 9. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region. 10. Adopt and administer the breath, blood or other bodily substances test rules pursuant to title 28, chapter 4. 11. Develop procedures to exchange information with the department of transportation for any purpose related to sections 28-1324, 28-1325, 28-1326, 28-1462 and 28-3318. 12. Collaborate with the state forester in presentations to legislative committees on issues associated with wildfire prevention, suppression and emergency management as provided by section 37-1302, subsection B. B. The director may: 1. Issue commissions to officers of the department. 2. Request the cooperation of the utilities, communication media and public and private agencies and any sheriff or other peace officer in any county or municipality, within the limits of their respective jurisdictions when necessary, to aid and assist in the performance of any duty imposed by this chapter. 3. Cooperate with any public or private agency or person to receive or give necessary assistance and may contract for such assistance subject to legislative appropriation controls. 4. Utilize the advice of the board and cooperate with sheriffs, local police and peace officers within the state for the prevention and discovery of crimes, the apprehension of criminals and the promotion of public safety. 5. Acquire in the name of the state, either in fee or lesser estate or interest, all real or any personal property that the director considers necessary for the department's use, by purchase, donation, dedication, exchange or other lawful means. All acquisitions of personal property pursuant to this paragraph shall be made as prescribed in chapter 23 of this title unless otherwise provided by law. 6. Dispose of any property, real or personal, or any right, title or interest in the property, when the director determines that the property is no longer needed or necessary for the department's use. Disposition of personal property shall be as prescribed in chapter 23 of this title. The real property shall be sold by public auction or competitive bidding after notice published in a daily newspaper of general circulation, not less than three times, two weeks before the sale and subject to the approval of the director of the department of administration. When real property is sold, it shall not be sold for less than the appraised value as established by a competent real estate appraiser. Any monies derived from the disposal of real or personal property shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona highway patrol fund as authorized by section 41-1752, subsection B, paragraph 6. 7. Sell, lend or lease personal property directly to any state, county or local law enforcement agency. Personal property may be sold or leased at a predetermined price without competitive bidding. Any state, county or local law enforcement agency receiving personal property may not resell or lease the property to any person or organization except for educational purposes. 8. Dispose of surplus property by transferring the property to the department of administration for disposition to another state budget unit or political subdivision if the state budget unit or political subdivision is not a law enforcement agency. 9. Lease or rent personal property directly to any state law enforcement officer for the purpose of traffic safety, traffic control or other law enforcement related activity. 10. Sell for one dollar, without public bidding, the department issued handgun or shotgun to a department officer on duty related retirement pursuant to title 38, chapter 5, article 4. Any monies derived from the sale of the handgun or shotgun to the retiring department officer shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona highway patrol fund as authorized by section 41-1752, subsection B, paragraph 6. 11. Conduct state criminal history records checks for the purpose of updating and verifying the status of current licensees or registrants who have a license or certificate issued pursuant to title 32, chapter 26. The director shall investigate, on receipt, credible evidence that a licensee or registrant has been arrested for, charged with or convicted of an offense that would preclude the person from holding a registration certificate issued pursuant to title 32, chapter 26. 12. Grant a maximum of two thousand eighty hours of industrial injury leave to any sworn department employee who is injured in the course of the employee's duty, any civilian department employee who is injured in the course of performing or assisting in law enforcement or hazardous duties or any civilian department employee who was injured as a sworn department employee rehired after August 9, 2001 and would have been eligible pursuant to this paragraph and whose work-related injury prevents the employee from performing the normal duties of that employee's classification. This industrial injury leave is in addition to any vacation or sick leave earned or granted to the employee and does not affect the employee's eligibility for any other benefits, including workers' compensation. The employee is not eligible for payment pursuant to section 38-615 of industrial injury leave that is granted pursuant to this paragraph. Subject to approval by the law enforcement merit system council, the director shall adopt rules and procedures regarding industrial injury leave hours granted pursuant to this paragraph. 13. Sell at current replacement cost, without public bidding, the department issued badge of authority to an officer of the department on the officer's promotion or separation from the department. Any monies derived from the sale of the badge to an officer shall be deposited, pursuant to sections 35-146 and 35-147, in the department of public safety administration fund to offset replacement costs. C. The director and any employees of the department that the director designates in writing may use the seal adopted pursuant to subsection A, paragraph 7 of this section to fully authenticate any department records and copies of these records. These authenticated records or authenticated copies of records shall be judicially noticed and shall be received in evidence by the courts of this state without any further proof of their authenticity. 41-1713.01. Deputy director; powers and duties; compensation A. The primary responsibility of the deputy director is to assist the director and perform functions and duties assigned by the director. B. The deputy director is exempt from chapter 4, articles 5 and 6 of this title and is eligible to receive compensation pursuant to section 38-611. 41-1714. Merit system for department employees The employees of the department shall be included under the merit system council of the Arizona highway patrol or its successor, the law enforcement merit system council, if established by law. 41-1715. Department of public safety reserve The director may provide for a volunteer organization to be known as the department of public safety reserve, which organization shall consist of United States citizens who are residents of the state of Arizona and who shall render auxiliary support, without compensation, to the department as the director may prescribe. This organization may consist of volunteers who are peace officers and volunteers who are not peace officers. 41-1716. Powers of reserve The director shall define the powers and duties of the reserve, but such powers and duties shall not be in excess of those accorded to department employees nor inconsistent therewith. 41-1717. Reserve; badge of authority A. The director shall issue to each member of the reserve a badge of authority to be used by the members of the reserve for activities authorized by the director. The badge shall be of such design as the director may determine, but shall bear the word "reserve" across the face thereof. B. A member of the reserve performing activities authorized by the director for an employer is not a state employee for any purpose, including workers' compensation benefits under section 41-1718. An entity employing a reserve officer to perform activities authorized by the director shall file a statement with the department that the employee is the agent of the employer and not the state of Arizona. 41-1718. Eligibility for workers' compensation benefits While on duty, members of the reserve shall be deemed to be state employees for the purpose of securing workers' compensation benefits in the same manner, under the same conditions, and to the same extent as regular state employees. 41-1719. Sex offender community notification coordinator; duties A. The sex offender community notification coordinator is established in the department of public safety. B. The sex offender community notification coordinator shall: 1. Oversee reimbursement of monies to agencies that perform sex offender community notification. 2. Oversee the Arizona sex offender community notification process. 41-1720. Parity compensation fund A. The parity compensation fund is established consisting of monies deposited pursuant to section 28-5808 and monies appropriated by the legislature. The department shall administer the fund and, considering state revenues and state employee pay adjustments. The department shall spend monies from the fund for salaries and benefits for law enforcement personnel that the department determines will enhance the ability of the department to successfully recruit and retain qualified law enforcement personnel. In determining the amount of the expenditures from the fund, the department shall annually establish and consider benchmarks based on the average total compensation for each comparable law enforcement personnel rank of the department's three largest county or municipal peer law enforcement agencies in this state. For the purposes of this subsection, "total compensation" includes base salary, educational incentive pay, physical performance pay, longevity pay and retirement contributions made by an employer on behalf of an employee. B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. Fund monies: 1. Do not revert to the state general fund. 2. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 3. Are subject to legislative appropriation. 41-1721. Families of fallen police officers special plate fund The families of fallen police officers special plate fund is established consisting of monies received pursuant to section 28-2427. The department of public safety shall administer the fund. The first thirty-two thousand dollars received shall be reimbursed to the entity that paid the implementation fee to the department of transportation pursuant to section 28-2427, subsection A. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated. The department of public safety shall allocate monies from the fund to the incorporated nonprofit corporation in this state that paid the implementation fee to the department of transportation pursuant to section 28-2427, subsection A and is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes if the nonprofit corporation demonstrates a commitment to helping in the healing of family survivors of police officers who died in the line of duty in this state, provides training to law enforcement agencies on survivor victimization issues and educates the public about the need to support the law enforcement profession and families of fallen police officers. 41-1722. Concealed weapons permit fund A. The concealed weapons permit fund is established consisting of fees collected pursuant to section 13-3112. B. The department shall administer the fund. Monies deposited in the fund are subject to legislative appropriation and must only be used by the department to: 1. Administer the concealed weapons permit process established by section 13-3112 and all matters related to that section. 2. Pay for the department's operating expenses. C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 41-1723. Public safety equipment fund; distribution A. The public safety equipment fund is established consisting of monies deposited in the fund pursuant to sections 12-116.04, 28-1381, 28-1382, 28-1383, 28-8284, 28-8286, 28-8287 and 28-8288. The department shall administer the fund. B. The first one million two hundred thousand dollars deposited in the public safety equipment fund each fiscal year pursuant to sections 28-1381, 28-1382, 28-1383, 28-8284, 28-8286, 28-8287 and 28-8288 is continuously appropriated to the department for vehicles, protective armor, electronic stun devices and other safety equipment. Monies appropriated pursuant to this subsection are exempt from the provisions of section 35-190 relating to lapsing of appropriations. C. Monies deposited in the public safety equipment fund pursuant to section 12-116.04 are subject to legislative appropriation and shall be used by the department for vehicles, protective armor, electronic stun devices and other safety equipment. D. Notwithstanding subsection A of this section and sections 28-1381, 28-1382, 28-1383, 28-8284, 28-8286, 28-8287 and 28-8288, in each fiscal year, after the first one million two hundred thousand dollars is deposited in the public safety equipment fund pursuant to sections 28-1381, 28-1382, 28-1383, 28-8284, 28-8286, 28-8287 and 28-8288, the state treasurer shall deposit the remaining monies received pursuant to sections 28-1381, 28-1382, 28-1383, 28-8284, 28-8286, 28-8287 and 28-8288 in the state general fund. 41-1724. Gang and immigration intelligence team enforcement mission fund; subaccount; use of monies; reporting requirements A. The gang and immigration intelligence team enforcement mission fund is established consisting of monies deposited pursuant to section 11-1051 and monies appropriated by the legislature. The department shall administer the fund. Any monies distributed from the fund to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the fund are subject to legislative appropriation. B. Monies in the fund shall be used for employer sanctions enforcement, enforcing human smuggling and drug smuggling laws, gang and strict immigration enforcement, county jail reimbursement costs relating to illegal immigration and any other use previously authorized in an allocation made by law for the gang and immigration intelligence team enforcement mission. C. Each year that monies are available in the fund and as soon as is practicable after July 1 of each year, the first $500,000 shall be allocated to a county sheriff of a county with a population of less than five hundred thousand persons but more than three hundred thousand persons and any remaining monies shall be used for agreements or contracts in accordance with subsection D of this section, except that no monies may be used for agreements or contracts with a county sheriff of a county with a population of more than three million persons. D. If the department uses monies from the fund for an agreement or contract with a city, town, county or other entity to provide services for the gang and immigration intelligence team enforcement mission, the city, town, county or other entity shall provide not less than twenty-five percent of the cost of the services and the department shall provide not more than seventy-five percent of personal services and employee related expenditures for each agreement or contract but may fund all capital related equipment. This subsection does not apply to a county with a population of less than five hundred thousand persons but more than three hundred thousand persons. E. The gang and immigration intelligence team enforcement mission border security and law enforcement subaccount is established consisting of monies deposited pursuant to section 12-116.04 and monies appropriated by the legislature. The department shall administer the subaccount. Any monies distributed from the subaccount to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the subaccount are subject to legislative appropriation. All appropriated monies in the subaccount shall be distributed each fiscal year to local entities and no monies may be retained by the department for its own use. The monies in the subaccount shall be used for law enforcement purposes related to border security, including border personnel, and for safety equipment that is worn or used by a peace officer who is employed by a county sheriff. F. A law enforcement agency shall not receive any monies from the fund unless the law enforcement agency certifies each fiscal year in writing to the director of the department of public safety that the law enforcement agency is complying with section 11-1051 to the fullest extent allowed by law. G. The department shall submit an expenditure plan to the joint legislative budget committee for review before expending any monies not identified in the department's previous expenditure plans. Within thirty days after the last day of each calendar quarter, the department shall provide a summary of quarterly and year-to-date expenditures and progress to the joint legislative budget committee, including any prior year appropriations that were nonlapsing. H. Before the department spends any monies appropriated in the general appropriations act each fiscal year from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by subsection E of this section, the department shall submit the subaccount's entire expenditure plan to the joint legislative budget committee for review. 41-1725. Capitol police administrative towing fund The capitol police administrative towing fund is established consisting of monies deposited pursuant to section 28-3513. The department shall administer the fund. The monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The monies in the fund may be used by the capitol police for law enforcement purposes. 41-1726. Blue alert notification system; requirements A. The department shall establish the blue alert notification system as a quick response system designed to issue and coordinate alerts following an attack on a law enforcement officer as described in subsection B of this section. B. On the request of an authorized person at a law enforcement agency that is investigating an offense described in paragraph 1 of this subsection, the department shall issue a blue alert if all of the following conditions are met: 1. A law enforcement officer has been killed, suffered serious bodily injury or has been assaulted with a deadly weapon and the suspect has fled the scene of the offense. 2. A law enforcement agency investigating the offense has determined that the suspect poses an imminent threat to the public or other law enforcement personnel. 3. A detailed description of the suspect's vehicle or license plate is available for broadcast. 4. Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect. C. If the department issues a blue alert pursuant to this section, the department shall provide the blue alert information to any other entity that provides similar notifications in this state. 41-1727. Victims' rights enforcement fund; use; reporting A. The victims' rights enforcement fund is established consisting of monies collected pursuant to sections 5-568 and 12-116.09 and monies available from any other source. The department shall administer the fund, shall distribute the monies to qualifying organizations and entities and may use up to five percent of the monies deposited in the fund for its administrative costs. Monies in the fund are continuously appropriated. B. On application, the department shall annually distribute monies from the fund to nonprofit organizations and entities that can demonstrate a five-year history of providing, without cost to the crime victim, each of the following services to crime victims: 1. Legal representation to enforce the rights of crime victims as counsel of record in criminal cases. 2. Social services to assist the crime victim during the course of the legal representation. C. An organization or entity that applies for monies pursuant to this section may establish its qualifications through an attorney who otherwise meets the requirements of subsection B of this section. D. An organization that qualifies under the terms of subsection B of this section shall be funded to provide the services included in subsection B of this section without limitation on the types of crimes against victims, including administrative support for the services. Each organization and entity that receives funding pursuant to this section shall submit an annual report to the department that details the organization's or entity's budget for the program and all of the sources and amounts of public monies that are spent on the program that provides the services to crime victims included in subsection B of this section. The report shall include the following: 1. The expenditures of the public monies. 2. The level of crime victim satisfaction with the services. E. This section does not require the reporting of the name or personal identifying information of any crime victim or crime victim advocate, any information protected under the attorney-client privilege or any information the crime victim requests to remain private. 41-1728. Seek and find alert notification system; requirements; definitions A. The department shall establish the seek and find alert notification system as a quick response system designed to issue and coordinate alerts following the report of a missing person who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older as described in subsection B of this section. B. On the request of an authorized person at a law enforcement agency that is investigating a report of a missing person who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older, the department shall request an activation of the emergency alert system and issue a seek and find alert immediately, regardless of the missing person's age, if all of the following conditions are met: 1. The missing person has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older. 2. The law enforcement agency investigating the missing person report: (a) Has used all available local resources. (b) Has determined that the person has gone missing under unexplained or suspicious circumstances. (c) Believes that the missing person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the missing person is in the company of a potentially dangerous person or that there are other factors indicating that the missing person may be in peril. 3. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. 4. The department has been designated to use the federally authorized emergency alert system for the issuance of seek and find alerts. C. The department shall request an activation of the emergency alert system and issue a seek and find alert immediately pursuant to subsection B of this section. A seek and find alert may not be denied or delayed due to administrative processes, prior missing episodes or discretionary assessments that are unrelated to the immediate risk to the missing person's safety. D. If the department issues a seek and find alert pursuant to this section, the department shall provide the seek and find alert information to any other entity that provides similar notifications in this state. E. All law enforcement agencies in this state shall do all of the following: 1. Develop, implement and regularly update training criteria regarding the seek and find alert notification system pursuant to this section. The training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes involved in issuing a timely seek and find alert. 2. Conduct seek and find alert notification training for all employees of a law enforcement agency, at the time of hire and once every two years, who have direct involvement in missing person cases, including the supervisors of these employees and communication dispatchers. The training shall include a review of any department and state policies regarding locating missing, abducted or runaway persons, with a specific focus on seek and find alert procedures. The training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes involved in issuing a timely seek and find alert. F. For the purposes of this section: 1. "Cognitive disability" has the same meaning prescribed in section 36-551. 2. "Developmental disability" has the same meaning prescribed in section 36-551. 41-1728.01. Turquoise alert system; requirements; definitions A. The department shall establish the turquoise alert system as a quick response system designed to issue and coordinate alerts following the report of a missing person. B. On the request of an authorized person at a law enforcement agency that is investigating a report of a missing person, the department shall request an activation of the emergency alert system and issue a turquoise alert if all of the following conditions are met: 1. The missing person is under sixty-five years of age. 2. The law enforcement agency investigating the missing person report: (a) Has used all available local resources. (b) Has determined that the person has gone missing under unexplained or suspicious circumstances. (c) Believes that the missing person is in danger or that the missing person is in the company of a potentially dangerous person or that there are other factors indicating that the missing person may be in peril. 3. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. 4. The department has been designated to use the federally authorized emergency alert system for the issuance of turquoise alerts. C. If the department issues a turquoise alert pursuant to this section, the department shall provide the turquoise alert information to any other entity that provides similar notifications in this state. D. For the purposes of this section: 1. "Law enforcement agency" means the Arizona department of public safety, a municipal police department, a county sheriff's office, a tribal law enforcement agency and a federal law enforcement agency that operates within this state. 2. "Person" includes a member of a federally recognized Indian Tribe. 41-1729. Law enforcement agencies; access to criminal justice information The department shall provide a law enforcement agency with access to the case information that it receives from the supreme court pursuant to sections 13-609, 14-5304 and 36-540 for the purpose of enforcing a court order, assisting in an investigation or returning property. 41-1730. Department of public safety forensics fund; purposes; distributions; definition A. The department of public safety forensics fund is established. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. The department of public safety forensics fund consists of the following: 1. Monies deposited pursuant to section 12-116.01, subsection J. 2. Monies deposited pursuant to section 41-2401, subsection D, paragraphs 1 and 10. 3. Surcharge monies deposited pursuant to section 28-3396. 4. Monies contributed to the fund from any other source. B. Monies in the department of public safety forensics fund shall be used for the following purposes: 1. Purchasing and installing fingerprint identification equipment. 2. Operating, maintaining and administering the Arizona automated fingerprint identification system and the system's remote terminals. 3. Crime laboratory operations and enhanced services. 4. Educating and training forensic scientists who are regularly employed in a crime laboratory. 5. Purchasing and maintaining scientific equipment for crime laboratory use. 6. Implementing, operating and maintaining deoxyribonucleic acid testing and administering the Arizona deoxyribonucleic acid identification system. C. On a quarterly basis, the department of public safety shall allocate and distribute the monies in the department of public safety forensics fund that are collected pursuant to section 12-116.01 and deposited pursuant to section 41-2401, subsection D, paragraph 10 to each full-service crime laboratory. D. The distribution of monies pursuant to subsection C of this section shall be determined annually based on the proportion of crimes reported to the department for the most recent year for the jurisdiction or jurisdictions where each full-service crime laboratory provides full-service crime laboratory services in relation to the total number of crimes reported in all jurisdictions in this state. The minimum allocation for a political subdivision that provides full-service crime laboratory services is four percent. For the purposes of this subsection: 1. In fiscal years 2023-2024, 2024-2025 and 2025-2026, the department shall calculate the number of crimes reported in accordance with the federal bureau of investigation's uniform crime reporting program summary reporting system classification criteria. 2. In fiscal year 2026-2027 and each fiscal year thereafter, the department shall calculate the number of crimes reported in accordance with the federal bureau of investigation's uniform crime reporting program national incident-based reporting system classification criteria. E. Subsection D of this section applies only to the department of public safety forensics fund and may not be used in the distribution of other grants or monies. F. For the purposes of this section, "full-service crime laboratory" means a laboratory that meets all of the following: 1. Is operated by a criminal justice agency of the state or a political subdivision. 2. Has at least one full-time forensic scientist who holds a minimum of a bachelor's degree in a physical or natural science. 3. Is registered as an analytical laboratory with the drug enforcement administration of the United States department of justice for the possession of all scheduled controlled substances. 4. Is accredited by an organization that provides accreditation based on the international laboratory accreditation cooperation G19 and standard ISO/IEC 17025 or standard ISO/IEC 17020 or any relevant field specific standards. 5. Provides a minimum of six forensic disciplines in the following areas, at least one of which must be DNA, digital forensics or drug toxicology: (a) Trace evidence. (b) Blood or breath alcohol. (c) Firearms and toolmarks. (d) Crime scene processing. (e) Latent print comparisons. (f) Seized drugs. (g) DNA. (h) Digital forensics. (i) Drug toxicology. 41-1731. Law enforcement equipment fund; exemptions A. The law enforcement equipment fund is established consisting of monies deposited pursuant to sections 12-114 and 12-116.10. The Arizona criminal justice commission shall administer the fund. Monies in the fund may be used only for law enforcement equipment and administrative costs. B. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. Monies in the fund: 1. Do not revert to the state general fund at the end of the fiscal year. 2. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 3. Are subject to legislative appropriation. 41-1732. Law enforcement equipment fund advisory commission; membership; duties; recommendations A. The law enforcement equipment fund advisory commission is established consisting of the following members: 1. One member of the senate who is appointed by the president of the senate. 2. One member of the house of representatives who is appointed by the speaker of the house of representatives. 3. The director of the department of public safety or the director's designee. 4. One member who is appointed by the Arizona association of chiefs of police. 5. One member who is appointed by the Arizona sheriffs association. 6. One member who is appointed by the director of the Arizona state troopers association. 7. One member who is appointed by the director of the Arizona police association. B. Members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section serve three-year terms. The members of the commission shall annually elect a chairperson and vice chairperson from among the voting members. The advisory commission shall meet on the call of the chairperson but at least once each fiscal year. No actions may be taken without a quorum present. Members who are appointed pursuant to subsection A, paragraphs 1 and 2 of this section shall serve as advisory nonvoting members of the advisory commission. C. Members are not eligible to receive compensation but members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. D. The advisory commission may use the facilities and the staff of the Arizona criminal justice commission. E. The advisory commission may enter into interagency agreements with the Arizona criminal justice commission and other agencies for advisory commission business. F. On or before December 1 of each year, the advisory commission shall submit written recommendations to the president of the senate, the speaker of the house of representatives, the governor and the chairpersons of the senate commerce and public safety committee and the house of representatives judiciary and public safety committee, or their successor committees, on the allocation each fiscal year of monies in the law enforcement equipment fund established by section 41-1731. The advisory commission shall provide a copy of the recommendations to the secretary of state. 41-1733. School safety interoperability fund; school safety program; annual report A. The school safety interoperability fund is established consisting of monies appropriated to the fund by the legislature. The department of administration shall administer the fund. Monies in the fund are continuously appropriated. Monies in the fund shall be distributed to the sheriff of a county or a city or town police department that establishes a school safety program and may be used only for a school safety program that meets all of the following: 1. Encompasses schools throughout this state. 2. In a school safety program county, enables the deployment of a secure, multimedia data communications system to a user base consisting of public safety agencies and public schools providing instruction in any combination of kindergarten programs and grades one through twelve. 3. Provides a communications solution environment that allows for: (a) Identifying system users' identity, location and operational status during an incident. (b) Secure text messaging and file sharing to all users involved in an incident. (c) Secure sharing of collaborative maps, building floor plans and images between schools and public safety agencies. (d) Integrating manually activated panic alarm systems that, when activated, establish direct collaboration between schools and public safety agencies. (e) Using multiple forms of real-time communications and information collaboration, including voice and full-motion video sharing, during an incident. 4. Is capable of being deployed to end users on existing communications assets owned by participating entities. 5. Allows each participating entity to maintain discretionary real-time control of all communications assets owned or operated by the entity. 6. Encrypts all media communications. 7. Is certified under the United States department of homeland security safety act as qualified anti-terrorism technology. 8. Is compatible with the federal emergency management agency interoperable gateway system for disaster communications. 9. Ensures student and staff privacy. 10. Enables integration to school access control systems to allow remote lockdown by law enforcement through the same multimedia system. B. On or before November 1 of each year, the sheriff of a county or a city or town police department that has established a school safety program pursuant to this section shall submit a report to the joint legislative budget committee of all expenditures made for the school safety program in the preceding fiscal year. 41-1734. Video recordings; release; consent; redactions; request requirements; fee A. The department may release to the public a copy of a video recording only if one or more of the following apply: 1. All persons other than peace officers shown in the video recording consent to the release, or any information that may identify persons shown in the video has been redacted. If a person shown in the video recording is deceased, the person's parent, guardian, next of kin or estate may provide the consent. 2. The department is the custodian of the video recording and reasonably determines that there is an important public purpose for releasing the video recording, including a situation in which the video recording involves any of the following: (a) A person being arrested for a misdemeanor or felony with a sentence that may result in incarceration. (b) One or more peace officers using physical force. (c) An allegation of law enforcement misconduct. B. Before the department releases to the public a copy of a video recording, the department shall review the video recording to determine whether redacting or withholding the video recording is appropriate. The department: 1. Shall redact information that may identify persons shown in the video recording if a reasonable expectation of privacy exists unless the department obtains the consent of all persons required by subsection A, paragraph 1 of this section or the video recording involves an arrest described in subsection A, paragraph 2, subdivision (a) of this section. If the video recording involves an incident occurring in a public place, the department is not required to redact information that may identify persons who appear in the video recording only incidentally. 2. May withhold or redact a video recording if the department determines that the video recording is a public record and that privacy, confidentiality or the best interests of this state outweigh releasing or disclosing the video recording. 3. May withhold or redact a video recording if withholding or redacting the video recording is necessary to protect a victim's rights guaranteed under article II, section 2.1, Constitution of Arizona. C. Notwithstanding title 39, chapter 1, article 2, the department shall deny a person's request for a copy of a video recording if the person fails to comply with the requirements of this section. The department may not release a copy of the video recording unless the person submits a written request that contains all of the following information: 1. The date and approximate time of the video recording. 2. The specific location where the video recording occurred. 3. The name of one or more persons known to be a subject of the video recording. D. A person who makes a public records request to the department for a video recording but who fails to provide all of the information required in subsection C of this section may submit a subsequent request for the same video recording by providing all of the required information. E. The department shall establish a fee that is charged to a person who submits a request for a copy of a video recording pursuant to this section. The department may take into consideration the following information when determining the amount of the fee: 1. The cost of reviewing, making a copy of and, as necessary, redacting the video recording. 2. The hourly compensation of a public records employee. 3. Any other relevant information. 41-1735. Sexual assault kit evidence tracking system; definitions A. The department shall establish a sexual assault kit evidence tracking system to track sexual assault kit evidence that is collected as prescribed in section 13-1426. A medical provider, law enforcement agency, public accredited crime laboratory or other person or entity that has custody or use of sexual assault kit evidence shall submit that information to the sexual assault kit evidence tracking system. The sexual assault kit evidence tracking system must: 1. Track the location and status of each sexual assault kit, including: (a) The initial collection of evidence for the kit in a forensic medical examination. (b) The receipt and storage of the kit at a law enforcement agency. (c) The receipt and analysis of the kit at a public accredited crime laboratory. (d) The storage and destruction of the kit. 2. Allow a health care facility that performs a forensic medical examination of a victim, a law enforcement agency, a public accredited crime laboratory, a prosecutor or another entity that provides a chain of custody for sexual assault kit evidence to update and track the status and location of the kits. 3. Allow a victim to anonymously track and receive updates regarding the status and location of the victim's sexual assault kit evidence, with advance notification of destruction of the kit. B. Sexual assault kit evidence records that are entered into the sexual assault kit evidence tracking system are confidential, except that the records may be accessed by: 1. The victim for whom the sexual assault kit evidence was completed. 2. An employee of an entity listed in subsection A of this section for the purposes of updating or tracking the status or location of the sexual assault kit evidence. C. For the purposes of this section: 1. "Law enforcement agency" has the same meaning prescribed in section 13-1426. 2. "Public accredited crime laboratory" has the same meaning prescribed in section 13-1426. 41-1736. Anti-human trafficking grant fund A. The anti-human trafficking grant fund is established consisting of monies collected pursuant to section 12-116.13 and monies appropriated by the legislature. Monies in the fund are continuously appropriated. The department shall administer the fund and distribute monies from the fund to programs to reduce human trafficking in this state. To be eligible for grant monies, an anti-human trafficking program shall do one of the following: 1. Work to reduce human trafficking by providing assistance and analytical services to law enforcement agencies. 2. Provide services to victims of human trafficking. 3. Provide training to law enforcement agencies, prosecutorial agencies and the public on preventing and identifying human trafficking. B. Notwithstanding subsection A of this section, monies collected pursuant to section 12-116.13 from a person who is convicted of a violation of section 13-3214, subsection A, paragraph 2 shall be used exclusively to provide services to victims of sex trafficking. 41-1737. Transnational repression recognition and response training program A. The department shall establish a transnational repression recognition and response training program to offer peace officers and other law enforcement officers specialized training. The department shall contract with an organization that has experience in developing and implementing transnational repression recognition and response training to develop the training curriculum. The department shall establish and oversee the process for selecting program participants and certifying program participants who successfully complete transnational repression recognition and response training. The training program shall be updated every year to address emerging threats and specific information on tactics that are used by specific foreign governments. B. The training program shall include all of the following: 1. How to identify different tactics of transnational repression in physical and nonphysical forms. 2. Information on the governments that are known to employ transnational repression, including those governments that use transnational repression most frequently and those governments that use transnational repression most egregiously. The training shall include information on tools of digital surveillance and other cyber tools that are frequently used to carry out transnational repression activities. 3. Best practices for appropriate local and state law enforcement prevention, reporting and response tactics. 4. Information about communities that may be targeted by transnational repression and misinformation that may be perpetuated by foreign governments and foreign terrorist organizations. C. The training program may not include any training on misinformation or promote the targeting of any person based on political or religious beliefs. 41-1741. Arizona highway patrol; employees; authority; compensation A. The department shall maintain a division known as the Arizona highway patrol. B. The division shall be composed of a patrol superintendent, patrolmen, and clerical and technical assistants as designated by the director. C. The patrol superintendent and patrolmen are vested with the authority of peace officers, primarily for the purpose of enforcing laws relating to the use of highways and operation of vehicles thereon. D. The compensation of employees of the division shall be determined by the director, and shall, together with expenses of the division, be budgeted and paid from the state highway fund. E. This division shall also consist of the following sections: 1. Communications. 2. Criminal identification. 41-1742. Powers of the division A. The highway patrol division superintendent may: 1. Adopt rules and regulations governing the policy, procedure and administration of all activities of the patrol. 2. Provide for training the patrolmen. 3. Cause signs to be erected and maintained as are necessary to give notice of any special restrictions. 4. Cooperate with the department of transportation and the Arizona department of agriculture in the enforcement of laws relating to motor vehicles. B. The director of the department of transportation may grant authority to the highway patrol division superintendent to fix temporary speed limits or apply other temporary restrictions when emergency conditions exist. The director of the department of transportation may fix such speed limits, or apply such restrictions when congested traffic or other conditions require restrictions for public safety. C. The division shall issue to each member of the patrol a badge of authority, with the words "Arizona highway patrol" encircling the badge, the seal of the state in the center thereof and with the designation of the office or rank of the holder below. 41-1743. Duties of highway patrol The highway patrol shall patrol the highways of the state, both day and night, and enforce the laws of the state. The highway patrol shall also investigate accidents which occur upon the highways, procure the names of drivers and descriptions and license numbers of the motor vehicles involved and transmit forthwith to the vehicle superintendent a copy of the report of the investigation. 41-1743.01. Use in emergencies when ordered by governor; assistance to cities and counties A. When the governor proclaims an emergency wherein he deems it necessary to protect life or property, he may order the Arizona highway patrol to provide whatever specific emergency services are necessary. The order directing the superintendent and the Arizona highway patrol shall state the specific purpose or purposes for which it is being utilized and the specific objectives to be accomplished. B. If a county or municipality requires aid to protect life or property, there shall be submitted to the governor a request for such aid setting forth the particular object be accomplished and the area affected. C. The authority granted in this section is supplemental to and is to be coordinated with the authority granted to the governor under section 26-172. D. Upon approval by the governor, the highway patrol shall provide police security on or in the immediate vicinity of any state property at the request of the agency in need of such security. An agency in need of such security shall reimburse the highway patrol fund for the services of the personnel involved from such funds as may be available to such agency, and within the budget limitation of the Arizona highway patrol. 41-1749. Communications section; duties A. The communications section may install and operate all means of communications, including a police radio broadcasting system, which shall be best suited for the dissemination of information with regard to the apprehension of violators of the law and for the coordination of the activities and functions of the law enforcement agencies of the state, counties, cities or towns. It shall cooperate with county and municipal police authorities and with police radio stations in this state and in other states. B. The communications section shall be responsible for the installation and operation of all computers and data processing equipment, and the design and development of all procedures and computer programs for information processing and tele-communications, to serve all divisions of the department. C. The communications section shall provide for the rapid exchange of information, concerning the commission of crimes and the detection of violators of the law, between the law enforcement agencies of this state, its counties and municipalities and other states and the federal government. 41-1750. Central state repository; department of public safety; duties; funds; accounts; definitions A. The departme