| 1 | 1 | | General Assembly Raised Bill No. 359 |
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| 2 | 2 | | February Session, 2016 LCO No. 2389 |
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| 3 | 3 | | *02389_______PS_* |
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| 4 | 4 | | Referred to Committee on PUBLIC SAFETY AND SECURITY |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (PS) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 359 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2016 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 2389 |
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| 15 | 15 | | |
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| 16 | 16 | | *02389_______PS_* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on PUBLIC SAFETY AND SECURITY |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (PS) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING THE USE OF BODY-WORN RECORDING EQUIPMENT BY LAW ENFORCEMENT. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Section 29-6d of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) For purposes of this section and section 7-277b: |
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| 31 | 31 | | |
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| 32 | 32 | | (1) "Law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection, the special police forces established pursuant to section 10a-156b, excluding the special police force for The University of Connecticut Health Center in Farmington, and any municipal police department that supplies any of its sworn members with body-worn recording equipment; |
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| 33 | 33 | | |
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| 34 | 34 | | (2) "Police officer" means a sworn member of a law enforcement agency who wears body-worn recording equipment; |
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| 35 | 35 | | |
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| 36 | 36 | | (3) "Body-worn recording equipment" means an electronic recording device that is capable of recording audio and video; and |
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| 37 | 37 | | |
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| 38 | 38 | | (4) "Digital data storage device or service" means a device or service that retains the data from the recordings made by body-worn recording equipment using computer data storage. |
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| 39 | 39 | | |
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| 40 | 40 | | (b) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly evaluate and approve the minimal technical specifications of body-worn recording equipment that may be worn by police officers pursuant to this section and digital data storage devices or services that may be used by a law enforcement agency to retain the data from the recordings made by such equipment. Not later than January 1, 2016, the commissioner and council shall make such minimal technical specifications available to each law enforcement agency in a manner determined by the commissioner and council. The commissioner and council may revise the minimal technical specifications when the commissioner and council determine that revisions to such specifications are necessary. |
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| 41 | 41 | | |
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| 42 | 42 | | (c) (1) On and after July 1, 2016, each sworn member of (A) the Division of State Police within the Department of Emergency Services and Public Protection, (B) the special police forces established pursuant to section 10a-156b, excluding the special police force for The University of Connecticut Health Center in Farmington, (C) any municipal police department for a municipality that is a recipient of grant-in-aid as reimbursement for body-worn recording equipment pursuant to subparagraph (A) or (C) of subdivision (1) of subsection (b) of section 7-277b or subdivision (2) of said subsection (b), and (D) any municipal police department for any other municipality that is a recipient of grant-in-aid as reimbursement for body-worn recording equipment pursuant to subparagraph (B) of subdivision (1) of said subsection (b) if such sworn member is supplied with such body-worn recording equipment, shall use body-worn recording equipment while interacting with the public in such sworn member's law enforcement capacity, except as provided in subsections (g) and (j) of this section. |
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| 43 | 43 | | |
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| 44 | 44 | | (2) Any sworn member of a municipal police department, other than those described in subdivision (1) of this subsection, may use body-worn recording equipment as directed by such department, provided the use of such equipment and treatment of data created by such equipment shall be in accordance with the provisions of subdivisions (3) and (4) of this subsection, and subsections (d) to (j), inclusive, of this section. |
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| 45 | 45 | | |
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| 46 | 46 | | (3) Each police officer shall wear body-worn recording equipment on such officer's outer-most garment and shall position such equipment above the midline of such officer's torso when using such equipment. |
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| 47 | 47 | | |
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| 48 | 48 | | (4) Body-worn recording equipment used pursuant to this section shall conform to the minimal technical specifications approved pursuant to subsection (b) of this section, except that a police officer may use body-worn recording equipment that does not conform to the minimal technical specifications approved pursuant to subsection (b) of this section, if such equipment was purchased prior to January 1, 2016, by the law enforcement agency employing such officer. |
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| 49 | 49 | | |
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| 50 | 50 | | (d) Except as required by state or federal law, no person employed by a law enforcement agency shall edit, erase, copy, share or otherwise alter or distribute in any manner any recording made by body-worn recording equipment or the data from such recording. |
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| 51 | 51 | | |
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| 52 | 52 | | (e) A police officer may review a recording from his or her body-worn recording equipment in order to assist such officer with the preparation of a report or otherwise in the performance of his or her duties. |
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| 53 | 53 | | |
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| 54 | 54 | | (f) If a police officer is giving a formal statement about the use of force or if a police officer is the subject of a disciplinary investigation in which a recording from body-worn recording equipment is being considered as part of a review of an incident, the officer shall (1) have the right to review such recording in the presence of the officer's attorney or labor representative, and (2) have the right to review recordings from other body-worn recording equipment capturing the officer's image or voice during the incident. |
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| 55 | 55 | | |
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| 56 | 56 | | (g) Except as otherwise provided by any agreement between a law enforcement agency and the federal government, no police officer shall use body-worn recording equipment to intentionally record (1) a communication with other law enforcement agency personnel, except that which may be recorded as the officer performs his or her duties, (2) an encounter with an undercover officer or informant, (3) when an officer is on break or is otherwise engaged in a personal activity, (4) a person undergoing a medical or psychological evaluation, procedure or treatment, (5) any person other than a suspect to a crime if an officer is wearing such equipment in a hospital or other medical facility setting, or (6) in a mental health facility, unless responding to a call involving a suspect to a crime who is thought to be present in the facility. No record created using body-worn recording equipment of an occurrence or situation described in subdivisions (1) to (6), inclusive, of this subsection shall be deemed a public record for purposes of section 1-210. No record created by (A) a police officer using body-worn recording equipment of [(A)] (i) the scene of an incident that involves a victim of domestic or sexual abuse, or [(B)] (ii) a victim of homicide or suicide or a deceased victim of an accident, or (B) a school resource officer, as defined in section 10-233m, using body-worn recording equipment of a student at a school, shall be subject to disclosure under the provisions of section 1-210 to the extent that disclosure of such record could reasonably be expected to constitute an unwarranted invasion of personal privacy. |
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| 57 | 57 | | |
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| 58 | 58 | | (h) No police officer shall use body-worn recording equipment prior to being trained in accordance with section 7-294s in the use of such equipment and in the retention of data created by such equipment, except that any police officer using such equipment prior to October 1, 2015, may continue to use such equipment prior to such training. A law enforcement agency shall ensure that each police officer such agency employs receives such training at least annually and is trained on the proper care and maintenance of such equipment. |
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| 59 | 59 | | |
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| 60 | 60 | | (i) If a police officer is aware that any body-worn recording equipment is lost, damaged or malfunctioning, such officer shall inform such officer's supervisor as soon as is practicable. Upon receiving such information, the supervisor shall ensure that the equipment is inspected and repaired or replaced, as necessary. Each police officer shall inspect and test body-worn recording equipment prior to each shift to verify proper functioning, and shall notify such officer's supervisor of any problems with such equipment. |
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| 61 | 61 | | |
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| 62 | 62 | | (j) Not later than January 1, 2016, the Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly issue guidelines pertaining to the use of body-worn recording equipment, retention of data created by such equipment and methods for safe and secure storage of such data. Each law enforcement agency and any police officer and any other employee of such agency who may have access to such data shall adhere to such guidelines. The commissioner and council may update and reissue such guidelines, as the commissioner and council determine necessary. The commissioner and council shall, upon issuance of such guidelines or any update to such guidelines, submit such guidelines in accordance with the provisions of section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety. |
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| 63 | 63 | | |
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| 64 | 64 | | |
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| 65 | 65 | | |
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| 66 | 66 | | |
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| 67 | 67 | | This act shall take effect as follows and shall amend the following sections: |
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| 68 | 68 | | Section 1 from passage 29-6d |
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| 69 | 69 | | |
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| 70 | 70 | | This act shall take effect as follows and shall amend the following sections: |
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| 71 | 71 | | |
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| 72 | 72 | | Section 1 |
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| 73 | 73 | | |
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| 74 | 74 | | from passage |
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| 75 | 75 | | |
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| 76 | 76 | | 29-6d |
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| 77 | 77 | | |
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| 78 | 78 | | Statement of Purpose: |
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| 79 | 79 | | |
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| 80 | 80 | | To (1) exempt the special police force at The University of Connecticut Health Center from using body-worn recording equipment, and (2) exempt records captured by a school resource officer of a student that constitute an unwarranted invasion of personal privacy from disclosure under the Freedom of Information Act. |
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| 81 | 81 | | |
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| 82 | 82 | | [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.] |
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