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General Assembly Committee Bill No. 6376
January Session, 2019
LCO No. 4875
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT CONCERNING MO TOR VEHICLE INSPECTORS A S PEACE
OFFICERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (9) of section 53a-3 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2019): 3
(9) "Peace officer" means a member of the Division of State Police 4
within the Department of Emergency Services and Public Protection or 5
an organized local police department, a chief inspector or inspector in 6
the Division of Criminal Justice, a state marshal while exercising 7
authority granted under any provision of the general statutes, a 8
judicial marshal in the performance of the duties of a judicial marshal, 9
a conservation officer or special conservation officer, as defined in 10
section 26-5, a constable who performs criminal law enforcement 11
duties, a special policeman appointed under section 29-18, 29-18a or 12
29-19, an adult probation officer, an official of the Department of 13
Correction authorized by the Commissioner of Correction to make 14
arrests in a correctional institution or facility, any investigator in the 15
investigations unit of the office of the State Treasurer, an inspector of 16
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motor vehicles in the Department of Motor Vehicles, who is certified 17
under the provisions of sections 7-294a to 7-294e, inclusive, a United 18
States marshal or deputy marshal, any special agent of the federal 19
government authorized to enforce the provisions of Title 21 of the 20
United States Code, or a member of a law enforcement unit of the 21
Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of 22
Connecticut created and governed by a memorandum of agreement 23
under section 47-65c who is certified as a police officer by the Police 24
Officer Standards and Training Council pursuant to sections 7-294a to 25
7-294e, inclusive; 26
Sec. 2. Subsection (b) of section 14-296aa of the general statutes is 27
repealed and the following is substituted in lieu thereof (Effective 28
October 1, 2019): 29
(b) (1) Except as otherwise provided in this subsection and 30
subsections (c) and (d) of this section, no person shall operate a motor 31
vehicle upon a highway, as defined in section 14-1, while using a 32
hand-held mobile telephone to engage in a call or while using a mobile 33
electronic device. An operator of a motor vehicle who types, sends or 34
reads a text message with a hand-held mobile telephone or mobile 35
electronic device while operating a motor vehicle shall be in violation 36
of this section, except that if such operator is driving a commercial 37
motor vehicle, as defined in section 14-1, such operator shall be 38
charged with a violation of subsection (e) of this section. 39
(2) An operator of a motor vehicle who holds a hand-held mobile 40
telephone to, or in the immediate proximity of, his or her ear while 41
operating a motor vehicle is presumed to be engaging in a call within 42
the meaning of this section. The presumption established by this 43
subdivision is rebuttable by evidence tending to show that the 44
operator was not engaged in a call. 45
(3) The provisions of this subsection shall not be construed as 46
authorizing the seizure or forfeiture of a hand-held mobile telephone 47
or a mobile electronic device, unless otherwise provided by law. 48
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(4) Subdivision (1) of this subsection shall not apply to: (A) The use 49
of a hand-held mobile telephone for the sole purpose of 50
communicating with any of the following regarding an emergency 51
situation: An emergency response operator; a hospital, physician's 52
office or health clinic; an ambulance company; a fire department; or a 53
police department, or (B) any of the following persons while in the 54
performance of their official duties and within the scope of their 55
employment: A peace officer, as defined in subdivision (9) of section 56
53a-3, as amended by this act, a firefighter or an operator of an 57
ambulance or authorized emergency vehicle, as defined in section 14-1, 58
or a member of the armed forces of the United States, as defined in 59
section 27-103, while operating a military vehicle, [or a sworn motor 60
vehicle inspector acting under the authority of section 14-8,] or (C) the 61
use of a hand-held radio by a person with an amateur radio station 62
license issued by the Federal Communications Commission in 63
emergency situations for emergency purposes only, or (D) the use of a 64
hands-free mobile telephone. 65
Sec. 3. Section 29-35 of the general statutes is repealed and the 66
following is substituted in lieu thereof (Effective October 1, 2019): 67
(a) No person shall carry any pistol or revolver upon his or her 68
person, except when such person is within the dwelling house or place 69
of business of such person, without a permit to carry the same issued 70
as provided in section 29-28. The provisions of this subsection shall not 71
apply to the carrying of any pistol or revolver by any parole officer or 72
peace officer of this state, [or any Department of Motor Vehicles 73
inspector appointed under section 14-8 and certified pursuant to 74
section 7-294d,] or parole officer or peace officer of any other state 75
while engaged in the pursuit of official duties, or federal marshal or 76
federal law enforcement agent, or to any member of the armed forces 77
of the United States, as defined in section 27-103, or of the state, as 78
defined in section 27-2, when on duty or going to or from duty, or to 79
any member of any military organization when on parade or when 80
going to or from any place of assembly, or to the transportation of 81
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pistols or revolvers as merchandise, or to any person transporting any 82
pistol or revolver while contained in the package in which it was 83
originally wrapped at the time of sale and while transporting the same 84
from the place of sale to the purchaser's residence or place of business, 85
or to any person removing such person's household goods or effects 86
from one place to another, or to any person while transporting any 87
such pistol or revolver from such person's place of residence or 88
business to a place or individual where or by whom such pistol or 89
revolver is to be repaired or while returning to such person's place of 90
residence or business after the same has been repaired, or to any 91
person transporting a pistol or revolver in or through the state for the 92
purpose of taking part in competitions, taking part in formal pistol or 93
revolver training, repairing such pistol or revolver or attending any 94
meeting or exhibition of an organized collectors' group if such person 95
is a bona fide resident of the United States and is permitted to possess 96
and carry a pistol or revolver in the state or subdivision of the United 97
States in which such person resides, or to any person transporting a 98
pistol or revolver to and from a testing range at the request of the 99
issuing authority, or to any person transporting an antique pistol or 100
revolver, as defined in section 29-33. For the purposes of this 101
subsection, "formal pistol or revolver training" means pistol or 102
revolver training at a locally approved or permitted firing range or 103
training facility, and "transporting a pistol or revolver" means 104
transporting a pistol or revolver that is unloaded and, if such pistol or 105
revolver is being transported in a motor vehicle, is not readily 106
accessible or directly accessible from the passenger compartment of the 107
vehicle or, if such pistol or revolver is being transported in a motor 108
vehicle that does not have a compartment separate from the passenger 109
compartment, such pistol or revolver shall be contained in a locked 110
container other than the glove compartment or console. Nothing in this 111
section shall be construed to prohibit the carrying of a pistol or 112
revolver during formal pistol or revolver training or repair. 113
(b) The holder of a permit issued pursuant to section 29-28 shall 114
carry such permit upon one's person while carrying such pistol or 115
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revolver. Such holder shall present his or her permit upon the request 116
of a law enforcement officer who has reasonable suspicion of a crime 117
for purposes of verification of the validity of the permit or 118
identification of the holder, provided such holder is carrying a pistol or 119
revolver that is observed by such law enforcement officer. 120
Sec. 4. Section 53a-19 of the general statutes is repealed and the 121
following is substituted in lieu thereof (Effective October 1, 2019): 122
(a) Except as provided in subsections (b) and (c) of this section, a 123
person is justified in using reasonable physical force upon another 124
person to defend himself or a third person from what he reasonably 125
believes to be the use or imminent use of physical force, and he may 126
use such degree of force which he reasonably believes to be necessary 127
for such purpose; except that deadly physical force may not be used 128
unless the actor reasonably believes that such other person is (1) using 129
or about to use deadly physical force, or (2) inflicting or about to inflict 130
great bodily harm. 131
(b) Notwithstanding the provisions of subsection (a) of this section, 132
a person is not justified in using deadly physical force upon another 133
person if he or she knows that he or she can avoid the necessity of 134
using such force with complete safety (1) by retreating, except that the 135
actor shall not be required to retreat if he or she is in his or her 136
dwelling, as defined in section 53a-100, or place of work and was not 137
the initial aggressor, or if he or she is a peace officer [,] or a special 138
policeman appointed under section 29-18b, [or a motor vehicle 139
inspector designated under section 14-8 and certified pursuant to 140
section 7-294d,] or a private person assisting such peace officer [,] or 141
special policeman [or motor vehicle inspector] at his or her direction, 142
and acting pursuant to section 53a-22, as amended by this act, or (2) by 143
surrendering possession of property to a person asserting a claim of 144
right thereto, or (3) by complying with a demand that he or she abstain 145
from performing an act which he or she is not obliged to perform. 146
(c) Notwithstanding the provisions of subsection (a) of this section, 147
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a person is not justified in using physical force when (1) with intent to 148
cause physical injury or death to another person, he provokes the use 149
of physical force by such other person, or (2) he is the initial aggressor, 150
except that his use of physical force upon another person under such 151
circumstances is justifiable if he withdraws from the encounter and 152
effectively communicates to such other person his intent to do so, but 153
such other person notwithstanding continues or threatens the use of 154
physical force, or (3) the physical force involved was the product of a 155
combat by agreement not specifically authorized by law. 156
Sec. 5. Section 53a-22 of the general statutes is repealed and the 157
following is substituted in lieu thereof (Effective October 1, 2019): 158
(a) For purposes of this section, a reasonable belief that a person has 159
committed an offense means a reasonable belief in facts or 160
circumstances which if true would in law constitute an offense. If the 161
believed facts or circumstances would not in law constitute an offense, 162
an erroneous though not unreasonable belief that the law is otherwise 163
does not render justifiable the use of physical force to make an arrest 164
or to prevent an escape from custody. A peace officer, special 165
policeman appointed under section 29-18b [, motor vehicle inspector 166
designated under section 14-8 and certified pursuant to section 7-294d] 167
or authorized official of the Department of Correction or the Board of 168
Pardons and Paroles who is effecting an arrest pursuant to a warrant 169
or preventing an escape from custody is justified in using the physical 170
force prescribed in subsections (b) and (c) of this section unless such 171
warrant is invalid and is known by such officer to be invalid. 172
(b) Except as provided in subsection (a) of this section, a peace 173
officer, special policeman appointed under section 29-18b [, motor 174
vehicle inspector designated under section 14-8 and certified pursuant 175
to section 7-294d] or authorized official of the Department of 176
Correction or the Board of Pardons and Paroles is justified in using 177
physical force upon another person when and to the extent that he or 178
she reasonably believes such to be necessary to: (1) Effect an arrest or 179
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prevent the escape from custody of a person whom he or she 180
reasonably believes to have committed an offense, unless he or she 181
knows that the arrest or custody is unauthorized; or (2) defend himself 182
or herself or a third person from the use or imminent use of physical 183
force while effecting or attempting to effect an arrest or while 184
preventing or attempting to prevent an escape. 185
(c) A peace officer, special policeman appointed under section 29-186
18b [, motor vehicle inspector designated under section 14-8 and 187
certified pursuant to section 7-294d] or authorized official of the 188
Department of Correction or the Board of Pardons and Paroles is 189
justified in using deadly physical force upon another person for the 190
purposes specified in subsection (b) of this section only when he or she 191
reasonably believes such to be necessary to: (1) Defend himself or 192
herself or a third person from the use or imminent use of deadly 193
physical force; or (2) effect an arrest or prevent the escape from 194
custody of a person whom he or she reasonably believes has 195
committed or attempted to commit a felony which involved the 196
infliction or threatened infliction of serious physical injury and if, 197
where feasible, he or she has given warning of his or her intent to use 198
deadly physical force. 199
(d) Except as provided in subsection (e) of this section, a person who 200
has been directed by a peace officer, special policeman appointed 201
under section 29-18b [, motor vehicle inspector designated under 202
section 14-8 and certified pursuant to section 7-294d] or authorized 203
official of the Department of Correction or the Board of Pardons and 204
Paroles to assist such peace officer, special policeman [, motor vehicle 205
inspector] or official to effect an arrest or to prevent an escape from 206
custody is justified in using reasonable physical force when and to the 207
extent that he or she reasonably believes such to be necessary to carry 208
out such peace officer's, special policeman's [, motor vehicle 209
inspector's] or official's direction. 210
(e) A person who has been directed to assist a peace officer, special 211
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policeman appointed under section 29-18b [, motor vehicle inspector 212
designated under section 14-8 and certified pursuant to section 7-294d] 213
or authorized official of the Department of Correction or the Board of 214
Pardons and Paroles under circumstances specified in subsection (d) of 215
this section may use deadly physical force to effect an arrest or to 216
prevent an escape from custody only when: (1) He or she reasonably 217
believes such to be necessary to defend himself or herself or a third 218
person from what he or she reasonably believes to be the use or 219
imminent use of deadly physical force; or (2) he or she is directed or 220
authorized by such peace officer, special policeman [, motor vehicle 221
inspector] or official to use deadly physical force, unless he or she 222
knows that the peace officer, special policeman [, motor vehicle 223
inspector] or official himself or herself is not authorized to use deadly 224
physical force under the circumstances. 225
(f) A private person acting on his or her own account is justified in 226
using reasonable physical force upon another person when and to the 227
extent that he or she reasonably believes such to be necessary to effect 228
an arrest or to prevent the escape from custody of an arrested person 229
whom he or she reasonably believes to have committed an offense and 230
who in fact has committed such offense; but he or she is not justified in 231
using deadly physical force in such circumstances, except in defense of 232
person as prescribed in section 53a-19, as amended by this act. 233
Sec. 6. Section 53a-23 of the general statutes is repealed and the 234
following is substituted in lieu thereof (Effective October 1, 2019): 235
A person is not justified in using physical force to resist an arrest by 236
a reasonably identifiable peace officer [,] or special policeman 237
appointed under section 29-18b, [or motor vehicle inspector designated 238
under section 14-8 and certified pursuant to section 7-294d,] whether 239
such arrest is legal or illegal. 240
Sec. 7. Section 53a-167a of the general statutes is repealed and the 241
following is substituted in lieu thereof (Effective October 1, 2019): 242
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(a) A person is guilty of interfering with an officer when such 243
person obstructs, resists, hinders or endangers any peace officer, 244
special policeman appointed under section 29-18b [, motor vehicle 245
inspector designated under section 14-8 and certified pursuant to 246
section 7-294d] or firefighter in the performance of such peace officer's, 247
special policeman's [, motor vehicle inspector's] or firefighter's duties. 248
(b) Interfering with an officer is a class A misdemeanor, except that, 249
if such violation causes the death or serious physical injury of another 250
person, such person shall be guilty of a class D felony. 251
Sec. 8. Section 53a-167b of the general statutes is repealed and the 252
following is substituted in lieu thereof (Effective October 1, 2019): 253
(a) A person is guilty of failure to assist a peace officer, special 254
policeman [, motor vehicle inspector] or firefighter when, commanded 255
by a peace officer, special policeman appointed under section 29-18b [, 256
motor vehicle inspector designated under section 14-8 and certified 257
pursuant to section 7-294d] or firefighter authorized to command 258
assistance, such person refuses to assist such peace officer, special 259
policeman [, motor vehicle inspector] or firefighter in the execution of 260
such peace officer's, special policeman's [, motor vehicle inspector's] or 261
firefighter's duties. 262
(b) Failure to assist a peace officer, special policeman [, motor 263
vehicle inspector] or firefighter is a class A misdemeanor. 264
Sec. 9. Subsection (a) of section 53a-167c of the general statutes is 265
repealed and the following is substituted in lieu thereof (Effective 266
October 1, 2019): 267
(a) A person is guilty of assault of public safety, emergency medical, 268
public transit or health care personnel when, with intent to prevent a 269
reasonably identifiable peace officer, special policeman appointed 270
under section 29-18b, [motor vehicle inspector designated under 271
section 14-8 and certified pursuant to section 7-294d,] firefighter or 272
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employee of an emergency medical service organization, as defined in 273
section 53a-3, as amended by this act, emergency room physician or 274
nurse, health care employee as defined in section 19a-490q, employee 275
of the Department of Correction, member or employee of the Board of 276
Pardons and Paroles, probation officer, employee of the Judicial 277
Branch assigned to provide pretrial secure detention and 278
programming services to juveniles accused of the commission of a 279
delinquent act, liquor control agent, state or municipal animal control 280
officer, security officer, employee of the Department of Children and 281
Families assigned to provide direct services to children and youths in 282
the care or custody of the department, employee of a municipal police 283
department assigned to provide security at the police department's 284
lockup and holding facility, active individual member of a volunteer 285
canine search and rescue team, as defined in section 5-249, or public 286
transit employee from performing his or her duties, and while such 287
peace officer, special policeman, [motor vehicle inspector,] firefighter, 288
employee, physician, nurse, health care employee, member, liquor 289
control agent, animal control officer, security officer, probation officer 290
or active individual member is acting in the performance of his or her 291
duties, (1) such person causes physical injury to such peace officer, 292
special policeman, [motor vehicle inspector,] firefighter, employee, 293
physician, nurse, member, liquor control agent, animal control officer, 294
security officer, probation officer or active individual member, or (2) 295
such person throws or hurls, or causes to be thrown or hurled, any 296
rock, bottle, can or other article, object or missile of any kind capable of 297
causing physical harm, damage or injury, at such peace officer, special 298
policeman, [motor vehicle inspector,] firefighter, employee, physician, 299
nurse, member, liquor control agent, animal control officer, security 300
officer, probation officer or active individual member, or (3) such 301
person uses or causes to be used any mace, tear gas or any like or 302
similar deleterious agent against such peace officer, special policeman, 303
[motor vehicle inspector,] firefighter, employee, physician, nurse, 304
member, liquor control agent, animal control officer, security officer, 305
probation officer or active individual member, or (4) such person 306
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throws or hurls, or causes to be thrown or hurled, any paint, dye or 307
other like or similar staining, discoloring or coloring agent or any type 308
of offensive or noxious liquid, agent or substance at such peace officer, 309
special policeman, [motor vehicle inspector,] firefighter, employee, 310
physician, nurse, member, liquor control agent, animal control officer, 311
security officer, probation officer or active individual member, or (5) 312
such person throws or hurls, or causes to be thrown or hurled, any 313
bodily fluid including, but not limited to, urine, feces, blood or saliva 314
at such peace officer, special policeman, [motor vehicle inspector,] 315
firefighter, employee, physician, nurse, member, liquor control agent, 316
animal control officer, security officer, probation officer or active 317
individual member. For the purposes of this section, "public transit 318
employee" means a person employed by the state, a political 319
subdivision of the state, a transit district formed under chapter 103a or 320
a person with whom the Commissioner of Tr ansportation has 321
contracted in accordance with section 13b-34 to provide transportation 322
services who operates a vehicle or vessel providing public ferry service 323
or fixed route bus service or performs duties directly related to the 324
operation of such vehicle or vessel, or who, as part of the provision of 325
public rail service, is a train operator, conductor, inspector, signal 326
person or station agent and "security officer" has the same meaning as 327
provided in section 29-152u. 328
Sec. 10. Section 53a-217b of the general statutes is repealed and the 329
following is substituted in lieu thereof (Effective October 1, 2019): 330
(a) A person is guilty of possession of a weapon on school grounds 331
when, knowing that such person is not licensed or privileged to do so, 332
such person possesses a firearm or deadly weapon, as defined in 333
section 53a-3, as amended by this act, (1) in or on the real property 334
comprising a public or private elementary or secondary school, or (2) 335
at a school-sponsored activity as defined in subsection (h) of section 336
10-233a. 337
(b) The provisions of subsection (a) of this section shall not apply to 338
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the otherwise lawful possession of a firearm (1) by a person for use in a 339
program approved by school officials in or on such school property or 340
at such school-sponsored activity, (2) by a person in accordance with 341
an agreement entered into between school officials and such person or 342
such person's employer, (3) by a peace officer, as defined in 343
subdivision (9) of section 53a-3, as amended by this act, while engaged 344
in the performance of such peace officer's official duties, or (4) by a 345
person while traversing such school property for the purpose of 346
gaining access to public or private lands open to hunting or for other 347
lawful purposes, provided such firearm is not loaded and the entry on 348
such school property is permitted by the local or regional board of 349
education. [, or (5) by a motor vehicle inspector, designated under 350
section 14-8 and certified pursuant to section 7-294d, while engaged in 351
the performance of such motor vehicle inspector's official duties.] 352
(c) Possession of a weapon on school grounds is a class D felony. 353
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 53a-3(9)
Sec. 2 October 1, 2019 14-296aa(b)
Sec. 3 October 1, 2019 29-35
Sec. 4 October 1, 2019 53a-19
Sec. 5 October 1, 2019 53a-22
Sec. 6 October 1, 2019 53a-23
Sec. 7 October 1, 2019 53a-167a
Sec. 8 October 1, 2019 53a-167b
Sec. 9 October 1, 2019 53a-167c(a)
Sec. 10 October 1, 2019 53a-217b
Statement of Purpose:
To redefine "peace officer" to include a motor vehicle inspector who is
certified as a police officer and make conforming changes.
[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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Co-Sponsors: REP. PAVALOCK-D'AMATO, 77th Dist.; REP. VAIL, 52nd Dist.
H.B. 6376