Connecticut 2013 Regular Session

Connecticut House Bill HB06665 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 6665
2	2	January Session, 2013 LCO No. 4692
3	3	04692_______JUD
4	4	Referred to Committee on JUDICIARY
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 6665
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12	12	January Session, 2013
13	13
14	14	LCO No. 4692
15	15
16	16	04692_______JUD
17	17
18	18	Referred to Committee on JUDICIARY
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING REVIEW OF TRAFFIC STOP COMPLAINTS AND THE COLLECTION OF TRAFFIC STOP INFORMATION WITH RESPECT TO IMMIGRATION STATUS.
25	25
26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
27	27
28	28	Section 1. Section 54-1m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
29	29
30	30	(a) (1) Each municipal police department and the Department of Emergency Services and Public Protection shall adopt a written policy that prohibits the stopping, detention or search of any person when such action is solely motivated by considerations of race, color, ethnicity, age, gender or sexual orientation, and such action would constitute a violation of the civil rights of the person.
31	31
32	32	(2) When stopping, detaining or searching any person with respect to a traffic stop, no police officer may (A) request from the operator of the motor vehicle identification or documentation other than an operator's license, certificate of motor vehicle registration or automobile insurance identification card, or inquire as to the immigration status of the operator, or (B) request from any passenger of the motor vehicle identification or documentation or inquire as to the immigration status of the passenger unless the police officer has a reasonable suspicion, based on actions observed by the police officer or another person, that a criminal offense has been committed by such passenger.
33	33
34	34	(b) Not later than July 1, 2013, the Office of Policy and Management, in consultation with the Racial Profiling Prohibition Project Advisory Board established in section 54-1s, and the Criminal Justice Information System Governing Board shall, within available resources, develop and implement a standardized method:
35	35
36	36	(1) To be used by police officers of municipal police departments and the Department of Emergency Services and Public Protection to record traffic stop information. The standardized method and any form developed and implemented pursuant to such standardized method shall allow the following information to be recorded: (A) Date and time of the stop; (B) location of the stop; (C) name and badge number of the police officer making the stop; (D) race, color, ethnicity, age and gender of the operator of the motor vehicle that is stopped, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop; (E) the nature of the alleged traffic violation or other violation that caused the stop to be made and the statutory citation for such violation; (F) the disposition of the stop including whether a warning, citation or summons was issued, whether a search was conducted and whether a custodial arrest was made; and (G) any other information deemed appropriate. The method shall also provide for (i) such form to be completed in duplicate with a copy provided to the person stopped, (ii) notice to be given to the person stopped that if such person believes that such person has been stopped, detained or subjected to a search solely because of race, color, ethnicity, age, gender, sexual orientation, religion or membership in any other protected class, such person may file a complaint with the appropriate law enforcement agency or with the Commission on Human Rights and Opportunities, and [(ii)] (iii) instructions to be given to the person stopped on how to file any such complaint;
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38	38	(2) To be used to report complaints pursuant to this section by any person who believes such person has been subjected to a motor vehicle stop by a police officer solely on the basis of race, color, ethnicity, age, gender, sexual orientation or religion; and
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40	40	(3) To be used by each municipal police department and the Department of Emergency Services and Public Protection to report data to the Office of Policy and Management pursuant to subsection (h) of this section.
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42	42	(c) Not later than July 1, 2013, the Office of Policy and Management, in consultation with the Racial Profiling Prohibition Project Advisory Board, shall develop and implement guidelines to be used by each municipal police department and the Department of Emergency Services and Public Protection in (1) training police officers of such agency in the completion of the form developed and implemented pursuant to subdivision (1) of subsection (b) of this section, and (2) evaluating the information collected by police officers of such municipal police department and the Department of Emergency Services and Public Protection pursuant to subsection (e) of this section for use in the counseling and training of such police officers.
43	43
44	44	(d) (1) Prior to the date a standardized method and form have been developed and implemented pursuant to subdivision (1) of subsection (b) of this section, each municipal police department and the Department of Emergency Services and Public Protection shall, using the form developed and promulgated pursuant to the provisions of subsection (h) in effect on January 1, 2012, record and retain the following information: (A) The number of persons stopped for traffic violations; (B) characteristics of race, color, ethnicity, gender and age of such persons, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped; (C) the nature of the alleged traffic violation that resulted in the stop; (D) whether a warning or citation was issued, an arrest made or a search conducted as a result of the stop; and (E) any additional information that such municipal police department or the Department of Emergency Services and Public Protection, as the case may be, deems appropriate, provided such information shall not include any other identifying information about any person stopped for a traffic violation such as the person's operator's license number, name or address.
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46	46	(2) On and after the date a standardized method and form have been developed and implemented pursuant to subdivision (1) of subsection (b) of this section, each municipal police department and the Department of Emergency Services and Public Protection shall record and retain the information required to be recorded pursuant to such standardized method and any additional information that such municipal police department or the Department of Emergency Services and Public Protection, as the case may be, deems appropriate, provided such information shall not include any other identifying information about any person stopped for a traffic violation such as the person's operator's license number, name or address.
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48	48	(e) Each municipal police department and the Department of Emergency Services and Public Protection shall provide to the Chief State's Attorney, [and] the Office of Policy and Management and the Commission on Human Rights and Opportunities (1) a copy of each complaint received pursuant to this section, and (2) written notification of the review and disposition of such complaint. No copy of such complaint shall include any other identifying information about the complainant such as the complainant's operator's license number, name or address.
49	49
50	50	(f) Any police officer who in good faith records traffic stop information pursuant to the requirements of this section shall not be held civilly liable for the act of recording such information unless the officer's conduct was unreasonable or reckless.
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52	52	(g) If a municipal police department or the Department of Emergency Services and Public Protection fails to comply with the provisions of this section, or fails to implement corrective procedures prescribed by the Commission on Human Rights and Opportunities pursuant to section 2 of this act, the Office of Policy and Management shall recommend and the Secretary of the Office of Policy and Management may order an appropriate penalty in the form of the withholding of state funds from such municipal police department or the Department of Emergency Services and Public Protection.
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54	54	(h) Not later than October 1, 2012, and annually thereafter, each municipal police department and the Department of Emergency Services and Public Protection shall provide to the Office of Policy and Management a summary report of the information recorded pursuant to subsection (d) of this section.
55	55
56	56	(i) The Office of Policy and Management shall, within available resources, review the prevalence and disposition of traffic stops and complaints reported pursuant to this section. Not later than January 1, 2014, and annually thereafter, the office shall report the results of any such review, including any recommendations, to the Governor, the General Assembly and any other entity deemed appropriate.
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58	58	(j) Not later than January 1, 2013, the Office of Policy and Management shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on the office's progress in developing a standardized method and guidelines pursuant to this section. Such report may include recommendations for amendments to this section.
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60	60	Sec. 2. (NEW) (Effective October 1, 2013) The Commission on Human Rights and Opportunities shall review complaints received by the commission pursuant to section 54-1m of the general statutes, as amended by this act, with respect to traffic stops and determine whether any municipality or the Department of Emergency Services and Public Protection may be in substantial noncompliance with the requirements of said section. If, after notice and an opportunity for a hearing, the commission determines that a municipality or the Department of Emergency Services and Public Protection has been in substantial noncompliance with the requirements of said section, the commission shall prescribe corrective procedures for the municipality or department, as the case may be, and shall provide written notice of such finding and corrective procedures to such municipality or department and the Office of Policy and Management. Not later than one hundred eighty calendar days after receiving such notice, the municipality or department, as the case may be, shall submit a written report to the commission and the Office of Policy and Management detailing its efforts and progress in implementing such corrective procedures.
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62	62	Sec. 3. Subsection (a) of section 46a-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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64	64	(a) The commission shall:
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66	66	(1) Investigate the possibilities of affording equal opportunity of profitable employment to all persons, with particular reference to job training and placement;
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68	68	(2) Compile facts concerning discrimination in employment, violations of civil liberties and other related matters;
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70	70	(3) Investigate and proceed in all cases of discriminatory practices as provided in this chapter and noncompliance with the provisions of section 4a-60 or 4a-60a, [or] sections 46a-68c to 46a-68f, inclusive, and section 54-1m, as amended by this act;
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72	72	(4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their outcome, the decisions it has rendered and the other work it has performed;
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74	74	(5) Monitor state contracts to determine whether they are in compliance with sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit discrimination; [and]
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76	76	(6) Compile data concerning state contracts with female and minority business enterprises and submit a report annually to the General Assembly concerning the employment of such business enterprises as contractors and subcontractors; and
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78	78	(7) Review complaints with respect to traffic stops, make findings and prescribe corrective procedures pursuant to section 2 of this act.
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83	83	This act shall take effect as follows and shall amend the following sections:
84	84	Section 1 October 1, 2013 54-1m
85	85	Sec. 2 October 1, 2013 New section
86	86	Sec. 3 October 1, 2013 46a-56(a)
87	87
88	88	This act shall take effect as follows and shall amend the following sections:
89	89
90	90	Section 1
91	91
92	92	October 1, 2013
93	93
94	94	54-1m
95	95
96	96	Sec. 2
97	97
98	98	October 1, 2013
99	99
100	100	New section
101	101
102	102	Sec. 3
103	103
104	104	October 1, 2013
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106	106	46a-56(a)
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108	108	Statement of Purpose:
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110	110	To: (1) Limit the authority of police officers to inquire into the immigration status of persons pursuant to a traffic stop, and (2) establish a procedure for review of traffic stop complaints and implementation of corrective procedures with respect to such complaints.
111	111
112	112	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]