House Engrossed

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

CHAPTER 197

HOUSE BILL 2105

AN ACT

Amending section 36-525, Arizona Revised Statutes; relating to court-ordered evaluations.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-525, Arizona Revised Statutes, is amended to read:

START_STATUTE36-525. Apprehension and transportation by peace officers; immunity

A. A peace officer shall, on the advice of the admitting officer of the evaluation agency pursuant to section 36‑524, subsection E, shall apprehend and transport a person to an evaluation agency.

B. In those instances in which the procedures set forth in section 36‑524 are not available, a peace officer may take into custody any individual he the peace officer has probable cause to believe, based on his own observations, is, as a result of mental disorder, a danger to self or others, and that during the time necessary to complete the prepetition screening procedures set forth in sections 36‑520 and 36‑521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person. The peace officer shall transport the person to a screening agency unless the person's condition or the agency's location or hours makes such transportation impractical, in which event the person shall be transported to an evaluation agency. A peace officer is not held civilly liable for any acts committed by a person whom the peace officer has not taken into custody pursuant to this section.

C. If apprehension takes place on or about the premises of the apprehended person, the officer shall take reasonable precautions to safeguard the premises and the property thereon, unless such property and premises are in the possession of a responsible relative or guardian.

D. A peace officer who makes a good faith effort to follow the requirements of this section is not subject to civil liability. END_STATUTE

Sec. 2. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.