Law Enforcement Officer Safety Equipment Fund Act

Law Enforcement Officer Safety Equipment Fund Act

Summary

The Act establishes a dedicated state law enforcement officer safety equipment fund to assist departments of public safety with the purchase of law enforcement officer safety equipment such as ballistic vests, electronic stun devices, on-officer cameras and surveillance equipment, and other law enforcement officer safety equipment.   The Act also establishes an assessment to be levied on every civil penalty or fine imposed and collected by the courts that is a result of a citation issued by a peace officer for a civil traffic violation, a violation of a misdemeanor offense or any local ordinance relating to stopping, standing or operating a vehicle.  This assessment will be equally divided between the state law enforcement officer safety equipment fund and the local agency that issues the citation.

Model Policy

{Title, enacting clause, etc.}

Section 1. {Title.} This Act may be cited as the “Law Enforcement Officer Safety Equipment Fund”

Section 2. {Congressional purpose.}

(A)  The “law enforcement officer safety equipment fund” is created in the state treasury to be administered by the department of public safety. Interest earned on money in the fund shall be credited to the fund. Balances in the fund shall not revert at the end of any fiscal year.

(B)  The law enforcement officer safety equipment fund consists of law enforcement officer safety equipment fees collected pursuant to the provisions of Section 2. from persons convicted  or found responsible for a civil traffic violation, a violation of a misdemeanor offense or any local ordinance relating to stopping, standing or operating a vehicle, and any appropriations, gifts, grants or donations.

(C)  All balances in the law enforcement officer safety equipment fund are subject to appropriation to the department of public safety for the purchase of law enforcement officer safety equipment such as ballistic vests, electronic stun devices, on-officer cameras and surveillance equipment, and other law enforcement officer safety equipment.

Section 3. {Assessment; Law Enforcement Officer Safety Equipment Fund.} 

(A)  In addition to any other penalty, fine, fee or assessment authorized by law, an additional

assessment of ten (10) dollars shall be levied on every civil penalty or fine imposed and collected by the courts that is a result of a citation issued by a peace officer for a civil traffic violation, a violation of a misdemeanor offense or any local ordinance relating to stopping, standing or operating a vehicle.  This assessment is not subject to any surcharge.

(B)   The court in which the conviction or finding of responsibility occurred shall transit the assessment to the appropriate county or city treasurer.   The city or county treasurer shall transmit fifty (50) percent of the monies collected through the assessment to the state treasurer.  The state treasurer shall deposit these monies in the Public Safety Equipment Fund.  The city or county treasurer shall transmit the other fifty (50) percent of the monies collected to the municipal treasurer in the jurisdiction of the law enforcement agency that issues the citation.  The municipal treasurer shall transmit these monies to the law enforcement agency that issued the citation to be used to supplement, not supplant, monies available for protective armor or ballistic vests, electronic stun devices, on-officer camera and surveillance equipment, and other law enforcement officer safety equipment.

Section 4. {Severability clause.}

Section 5. {Repealer clause.}

Section 6. {Effective date.}

 

Approved by the ALEC Legislative Board, June 7, 2011.

Keyword Tags: Community Safety, Justice Performance Project Task Force