Connecticut 2015 Regular Session

Connecticut Senate Bill SB00652 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly ~~Committee~~ Bill No. 652
2		-	January Session, 2015 LCO No. ~~5989~~
3		-	~~05989SB00652JUD~~
	1	+	General Assembly Proposed Bill No. 652
	2	+	January Session, 2015 LCO No. 2197
	3	+	02197
4	4		Referred to Committee on JUDICIARY
5	5		Introduced by:
6		-	~~(JUD)~~
	6	+	SEN. LOONEY, 11th Dist. SEN. DUFF, 25th Dist. SEN. BYE, 5th Dist. SEN. CASSANO, 4th Dist. SEN. COLEMAN, 2nd Dist. SEN. CRISCO, 17th Dist. SEN. FLEXER, 29th Dist. SEN. LARSON, 3rd Dist. SEN. MOORE, 22nd Dist. SEN. SLOSSBERG, 14th Dist. SEN. WINFIELD, 10th Dist. REP. WALKER, 93rd Dist.
7	7
8	8		General Assembly
9	9
10		-	~~Committee~~ Bill No. 652
	10	+	Proposed Bill No. 652
11	11
12	12		January Session, 2015
13	13
14		-	LCO No. ~~5989~~
	14	+	LCO No. 2197
15	15
16		-	~~05989SB00652JUD~~
	16	+	02197
17	17
18	18		Referred to Committee on JUDICIARY
19	19
20	20		Introduced by:
21	21
22		-	~~(JUD)~~
	22	+	SEN. LOONEY, 11th Dist.
23	23
24		-	AN ACT CONCERNING THE INVESTIGATION OF THE USE OF PHYSICAL FORCE BY A PEACE OFFICER THAT RESULTS IN THE DEATH OF A PERSON.
	24	+	SEN. DUFF, 25th Dist.
	25	+
	26	+	SEN. BYE, 5th Dist.
	27	+
	28	+	SEN. CASSANO, 4th Dist.
	29	+
	30	+	SEN. COLEMAN, 2nd Dist.
	31	+
	32	+	SEN. CRISCO, 17th Dist.
	33	+
	34	+	SEN. FLEXER, 29th Dist.
	35	+
	36	+	SEN. LARSON, 3rd Dist.
	37	+
	38	+	SEN. MOORE, 22nd Dist.
	39	+
	40	+	SEN. SLOSSBERG, 14th Dist.
	41	+
	42	+	SEN. WINFIELD, 10th Dist.
	43	+
	44	+	REP. WALKER, 93rd Dist.
	45	+
	46	+	AN ACT CONCERNING THE INVESTIGATION OF THE USE OF DEADLY FORCE BY A PEACE OFFICER THAT RESULTS IN THE DEATH OF A PERSON.
25	47
26	48		Be it enacted by the Senate and House of Representatives in General Assembly convened:
27	49
28		-	Section 1. Section 51-277a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
29		-
30		-	(a) Whenever a peace officer, in the performance of [his] such officer's duties, uses [deadly] physical force upon another person and such person dies as a result thereof, the Division of Criminal Justice shall cause an investigation to be made and shall have the responsibility of determining whether the use of [deadly] physical force by the peace officer was appropriate under section 53a-22. The division shall request the appropriate law enforcement agency to provide such assistance as is necessary to determine the circumstances of the incident.
31		-
32		-	(b) In causing such an investigation to be made, the Chief State's Attorney [may,] shall, (1) as provided in section 51-281, designate a prosecutorial official from a judicial district other than the judicial district in which the incident occurred to conduct the investigation, or [may,] (2) as provided in subsection (a) of section 51-285, appoint a special assistant state's attorney or special deputy assistant state's attorney to conduct the investigation. [If the Chief State's Attorney designates a prosecutorial official from another judicial district or appoints a special prosecutor to conduct the investigation, the] The Chief State's Attorney shall, upon the request of such prosecutorial official or special prosecutor, appoint a special inspector or special inspectors to assist in such investigation. [Any person may make a written request to the Chief State's Attorney or the Criminal Justice Commission requesting that the Chief State's Attorney so designate a prosecutorial official from another judicial district or appoint a special prosecutor to conduct the investigation.]
33		-
34		-	(c) Upon the conclusion of the investigation of the incident, the division shall file a report with the Chief State's Attorney which shall contain the following: (1) The circumstances of the incident, (2) a determination of whether the use of [deadly] physical force by the peace officer was appropriate under section 53a-22, and (3) any future action to be taken by the Division of Criminal Justice as a result of the incident. The Chief State's Attorney shall provide a copy of the report to the chief executive officer of the municipality in which the incident occurred and to the Commissioner of Emergency Services and Public Protection or the chief of police of such municipality, as the case may be.
35		-
36		-
37		-
38		-
39		-	This act shall take effect as follows and shall amend the following sections:
40		-	Section 1 October 1, 2015 51-277a
41		-
42		-	This act shall take effect as follows and shall amend the following sections:
43		-
44		-	Section 1
45		-
46		-	October 1, 2015
47		-
48		-	51-277a
	50	+	That section 51-277 of the general statutes be amended to require the Chief State's Attorney, whenever a peace officer, in the performance of his or her duties, uses deadly physical force upon another person and such person dies as a result thereof, to appoint either a prosecutorial official from a judicial district other than the one in which the incident occurred, or a special assistant state's attorney or special deputy assistant state's attorney, to conduct the investigation and make the determination of whether the use of deadly physical force was appropriate under section 53a-22 of the general statutes, as is required of the Division of Criminal Justice pursuant to section 51-277 of the general statutes.
49	51
50	52		Statement of Purpose:
51	53
52		-	To require cases of uses of physical force by peace officers that result in the death of a person to be investigated by either a special prosecutor or a prosecutorial official from a judicial district other than the one in which the incident occurred.
53		-
54		-	[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.]
55		-
56		-
57		-
58		-	Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. DUFF, 25th Dist. SEN. BYE, 5th Dist.; SEN. CASSANO, 4th Dist. SEN. COLEMAN, 2nd Dist.; SEN. CRISCO, 17th Dist. SEN. FLEXER, 29th Dist.; SEN. LARSON, 3rd Dist. SEN. MOORE, 22nd Dist.; SEN. SLOSSBERG, 14th Dist. SEN. WINFIELD, 10th Dist.; REP. WALKER, 93rd Dist.
59		-
60		-	Co-Sponsors:
61		-
62		-	SEN. LOONEY, 11th Dist.; SEN. DUFF, 25th Dist.
63		-
64		-	SEN. BYE, 5th Dist.; SEN. CASSANO, 4th Dist.
65		-
66		-	SEN. COLEMAN, 2nd Dist.; SEN. CRISCO, 17th Dist.
67		-
68		-	SEN. FLEXER, 29th Dist.; SEN. LARSON, 3rd Dist.
69		-
70		-	SEN. MOORE, 22nd Dist.; SEN. SLOSSBERG, 14th Dist.
71		-
72		-	SEN. WINFIELD, 10th Dist.; REP. WALKER, 93rd Dist.
73		-
74		-	S.B. 652
	54	+	To require cases of uses of deadly force by peace officers that result in the death of a person to be investigated by either a special prosecutor or a prosecutorial official from a judicial district other than the one in which the incident occurred.