Arizona Democrats want 'bill of rights' for families impacted by police violence

Sen. Anna Hernandez wants to give families whose loved ones have been killed by police greater access to investigations and allow them to petition county attorneys to reopen cases.

But a GOP lawmaker who could be key to the idea's success says citizens should be "outraged" by her plan.

The Family and Victims of Police Violence Bill of Rights would require law enforcement to give families access to investigation materials, officer files, disciplinary hearings, and investigatory proceedings. It would also guarantee the release of personal belongings, interpreters for meetings with law enforcement, and opportunities to participate in department policy change or reform.

The bill of rights is part of a bill introduced by Hernandez, D-Phoenix. Her brother, Alejandro Hernandez, was killed by Phoenix police in 2019.

Family members of people killed by police spoke at a newss conference with Hernandez at the State Capitol on Thursday. Among them was Katie Baeza, whose brother Ryan Whitaker was shot and killed by Phoenix police in 2020.

"This bill is not anything but giving human rights to human beings that do not deserve to be continuously victimized over and over again by this system," Baeza said. "I would ask the Senate president and House speaker, 'How would you want to be treated if this happened to you?'"

Sen. Anthony Kern, R-Glendale, called the bill a "slap in the face" to law enforcement. Kern chairs the Senate Judiciary Committee, a possible destination for the legislation. If the bill lands before his panel, Kern would have jurisdiction over when, or if, the bill is heard. Senate President Warren Peterson, who assigns bills to committee, was not immediately available for comment.

"99.999% of the time, cops aren’t killing innocent people," Kern said in an emailed statement. "It’s time Democrats stop treating criminals like victims."

At the news conference, Baeza referenced comments made by former Phoenix City Councilmember Sal DiCiccio, who said at a council meeting in 2020 that her brother did nothing wrong.

"Don't think for one second it can't happen to you," Baeza said. "Since the police officers were never held accountable in my brother's case, or anyone else's cases here, justice has to come in the form of change."

The legislation was written by the Family Justice Collective, a group run by Poder in Action for families impacted by police violence in Maricopa County. Hernandez is a group member and spoke about how the members' experiences came to inspire the bill of rights.

"As we shared [our] experiences, what we found was that as family members of those killed by the police, we had zero rights when it came to the law," Hernandez said at the press conference. "Peace Officers have a bill of rights, victims of other crimes have a bill of rights, yet my family and the countless families that share our experience have no rights."

Reps. Analise Ortiz, Nancy Gutierrez and Sen. Juan Mendez showed their support at the press conference. Ortiz said she will be introducing a companion bill in the House.

According to data maintained by The Arizona Republic, 28 people were fatally shot by police in 2023, and no charges were filed in any of those cases.

Rebecca Denis, an organizer at Poder in Action, urged lawmakers to meet the families where they're at and consider the legislation they wrote.

"The community is doing a lot," Denis said at the news conference. "We're actually doing the jobs of the people that are in these buildings right now. This should not be the family's jobs. They should not be here having to pass legislation. Isn't that why we elect these people?"

Reach the reporter at rpriest@gannett.com.

This article originally appeared on Arizona Republic: AZ Dems' plan to support victims of police violence faces murky future