House Bill No. 6376
Public Act No. 19-108
AN ACT CONCERNING MO TOR VEHICLE INSPECTO RS AS
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
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(9) "Peace officer" means a member of the Division of State Police
within the Department of Emergency Services and Public Protection or
an organized local police department, a chief inspector or inspector in
the Division of Criminal Justice, a state marshal while exercising
authority granted under any provision of the general statutes, a
judicial marshal in the performance of the duties of a judicial marshal,
a conservation officer or special conservation officer, as defined in
section 26-5, a constable who performs criminal law enforcement
duties, a special policeman appointed under section 29-18, 29-18a or
29-19, an adult probation officer, an official of the Department of
Correction authorized by the Commissioner of Correction to make
arrests in a correctional institution or facility, any investigator in the
investigations unit of the office of the State Treasurer, an inspector of
motor vehicles in the Department of Motor Vehicles, who is certified
under the provisions of sections 7-294a to 7-294e, inclusive, a United House Bill No. 6376
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States marshal or deputy marshal, any special agent of the federal
government authorized to enforce the provisions of Title 21 of the
United States Code, or a member of a law enforcement unit of the
Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of
Connecticut created and governed by a memorandum of agreement
under section 47-65c who is certified as a police officer by the Police
Officer Standards and Training Council pursuant to sections 7-294a to
7-294e, inclusive;
Sec. 2. Subsection (b) of section 14-296aa of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) (1) Except as otherwise provided in this subsection and
subsections (c) and (d) of this section, no person shall operate a motor
vehicle upon a highway, as defined in section 14-1, while using a
hand-held mobile telephone to engage in a call or while using a mobile
electronic device. An operator of a motor vehicle who types, sends or
reads a text message with a hand-held mobile telephone or mobile
electronic device while operating a motor vehicle shall be in violation
of this section, except that if such operator is driving a commercial
motor vehicle, as defined in section 14-1, such operator shall be
charged with a violation of subsection (e) of this section.
(2) An operator of a motor vehicle who holds a hand-held mobile
telephone to, or in the immediate proximity of, his or her ear while
operating a motor vehicle is presumed to be engaging in a call within
the meaning of this section. The presumption established by this
subdivision is rebuttable by evidence tending to show that the
operator was not engaged in a call.
(3) The provisions of this subsection shall not be construed as
authorizing the seizure or forfeiture of a hand-held mobile telephone
or a mobile electronic device, unless otherwise provided by law. House Bill No. 6376
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(4) Subdivision (1) of this subsection shall not apply to: (A) The use
of a hand-held mobile telephone for the sole purpose of
communicating with any of the following regarding an emergency
situation: An emergency response operator; a hospital, physician's
office or health clinic; an ambulance company; a fire department; or a
police department, or (B) any of the following persons while in the
performance of their official duties and within the scope of their
employment: A peace officer, as defined in subdivision (9) of section
53a-3, as amended by this act, a firefighter or an operator of an
ambulance or authorized emergency vehicle, as defined in section 14-1,
or a member of the armed forces of the United States, as defined in
section 27-103, while operating a military vehicle, [or a sworn motor
vehicle inspector acting under the authority of section 14-8,] or (C) the
use of a hand-held radio by a person with an amateur radio station
license issued by the Federal Communications Commission in
emergency situations for emergency purposes only, or (D) the use of a
hands-free mobile telephone.
Sec. 3. Section 53a-19 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Except as provided in subsections (b) and (c) of this section, a
person is justified in using reasonable physical force upon another
person to defend himself or a third person from what he reasonably
believes to be the use or imminent use of physical force, and he may
use such degree of force which he reasonably believes to be necessary
for such purpose; except that deadly physical force may not be used
unless the actor reasonably believes that such other person is (1) using
or about to use deadly physical force, or (2) inflicting or about to inflict
great bodily harm.
(b) Notwithstanding the provisions of subsection (a) of this section,
a person is not justified in using deadly physical force upon another
person if he or she knows that he or she can avoid the necessity of House Bill No. 6376
Public Act No. 19-108 4 of 11
using such force with complete safety (1) by retreating, except that the
actor shall not be required to retreat if he or she is in his or her
dwelling, as defined in section 53a-100, or place of work and was not
the initial aggressor, or if he or she is a peace officer [,] or a special
policeman appointed under section 29-18b, [or a motor vehicle
inspector designated under section 14-8 and certified pursuant to
section 7-294d,] or a private person assisting such peace officer [,] or
special policeman [or motor vehicle inspector] at his or her direction,
and acting pursuant to section 53a-22, as amended by this act, or (2) by
surrendering possession of property to a person asserting a claim of
right thereto, or (3) by complying with a demand that he or she abstain
from performing an act which he or she is not obliged to perform.
(c) Notwithstanding the provisions of subsection (a) of this section,
a person is not justified in using physical force when (1) with intent to
cause physical injury or death to another person, he provokes the use
of physical force by such other person, or (2) he is the initial aggressor,
except that his use of physical force upon another person under such
circumstances is justifiable if he withdraws from the encounter and
effectively communicates to such other person his intent to do so, but
such other person notwithstanding continues or threatens the use of
physical force, or (3) the physical force involved was the product of a
combat by agreement not specifically authorized by law.
Sec. 4. Section 53a-22 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) For purposes of this section, a reasonable belief that a person has
committed an offense means a reasonable belief in facts or
circumstances which if true would in law constitute an offense. If the
believed facts or circumstances would not in law constitute an offense,
an erroneous though not unreasonable belief that the law is otherwise
does not render justifiable the use of physical force to make an arrest
or to prevent an escape from custody. A peace officer, special House Bill No. 6376
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policeman appointed under section 29-18b [, motor vehicle inspector
designated under section 14-8 and certified pursuant to section 7-294d]
or authorized official of the Department of Correction or the Board of
Pardons and Paroles who is effecting an arrest pursuant to a warrant
or preventing an escape from custody is justified in using the physical
force prescribed in subsections (b) and (c) of this section unless such
warrant is invalid and is known by such officer to be invalid.
(b) Except as provided in subsection (a) of this section, a peace
officer, special policeman appointed under section 29-18b [, motor
vehicle inspector designated under section 14-8 and certified pursuant
to section 7-294d] or authorized official of the Department of
Correction or the Board of Pardons and Paroles is justified in using
physical force upon another person when and to the extent that he or
she reasonably believes such to be necessary to: (1) Effect an arrest or
prevent the escape from custody of a person whom he or she
reasonably believes to have committed an offense, unless he or she
knows that the arrest or custody is unauthorized; or (2) defend himself
or herself or a third person from the use or imminent use of physical
force while effecting or attempting to effect an arrest or while
preventing or attempting to prevent an escape.
(c) A peace officer, special policeman appointed under section 29-
18b [, motor vehicle inspector designated under section 14-8 and
certified pursuant to section 7-294d] or authorized official of the
Department of Correction or the Board of Pardons and Paroles is
justified in using deadly physical force upon another person for the
purposes specified in subsection (b) of this section only when he or she
reasonably believes such to be necessary to: (1) Defend himself or
herself or a third person from the use or imminent use of deadly
physical force; or (2) effect an arrest or prevent the escape from
custody of a person whom he or she reasonably believes has
committed or attempted to commit a felony which involved the House Bill No. 6376
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infliction or threatened infliction of serious physical injury and if,
where feasible, he or she has given warning of his or her intent to use
deadly physical force.
(d) Except as provided in subsection (e) of this section, a person who
has been directed by a peace officer, special policeman appointed
under section 29-18b [, motor vehicle inspector designated under
section 14-8 and certified pursuant to section 7-294d] or authorized
official of the Department of Correction or the Board of Pardons and
Paroles to assist such peace officer, special policeman [, motor vehicle
inspector] or official to effect an arrest or to prevent an escape from
custody is justified in using reasonable physical force when and to the
extent that he or she reasonably believes such to be necessary to carry
out such peace officer's, special policeman's [, motor vehicle
inspector's] or official's direction.
(e) A person who has been directed to assist a peace officer, special
policeman appointed under section 29-18b [, motor vehicle inspector
designated under section 14-8 and certified pursuant to section 7-294d]
or authorized official of the Department of Correction or the Board of
Pardons and Paroles under circumstances specified in subsection (d) of
this section may use deadly physical force to effect an arrest or to
prevent an escape from custody only when: (1) He or she reasonably
believes such to be necessary to defend himself or herself or a third
person from what he or she reasonably believes to be the use or
imminent use of deadly physical force; or (2) he or she is directed or
authorized by such peace officer, special policeman [, motor vehicle
inspector] or official to use deadly physical force, unless he or she
knows that the peace officer, special policeman [, motor vehicle
inspector] or official himself or herself is not authorized to use deadly
physical force under the circumstances.
(f) A private person acting on his or her own account is justified in
using reasonable physical force upon another person when and to the House Bill No. 6376
Public Act No. 19-108 7 of 11
extent that he or she reasonably believes such to be necessary to effect
an arrest or to prevent the escape from custody of an arrested person
whom he or she reasonably believes to have committed an offense and
who in fact has committed such offense; but he or she is not justified in
using deadly physical force in such circumstances, except in defense of
person as prescribed in section 53a-19, as amended by this act.
Sec. 5. Section 53a-23 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
A person is not justified in using physical force to resist an arrest by
a reasonably identifiable peace officer [,] or special policeman
appointed under section 29-18b, [or motor vehicle inspector designated
under section 14-8 and certified pursuant to section 7-294d,] whether
such arrest is legal or illegal.
Sec. 6. Section 53a-167a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) A person is guilty of interfering with an officer when such
person obstructs, resists, hinders or endangers any peace officer,
special policeman appointed under section 29-18b [, motor vehicle
inspector designated under section 14-8 and certified pursuant to
section 7-294d] or firefighter in the performance of such peace officer's,
special policeman's [, motor vehicle inspector's] or firefighter's duties.
(b) Interfering with an officer is a class A misdemeanor, except that,
if such violation causes the death or serious physical injury of another
person, such person shall be guilty of a class D felony.
Sec. 7. Section 53a-167b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) A person is guilty of failure to assist a peace officer, special
policeman [, motor vehicle inspector] or firefighter when, commanded House Bill No. 6376
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by a peace officer, special policeman appointed under section 29-18b [,
motor vehicle inspector designated under section 14-8 and certified
pursuant to section 7-294d] or firefighter authorized to command
assistance, such person refuses to assist such peace officer, special
policeman [, motor vehicle inspector] or firefighter in the execution of
such peace officer's, special policeman's [, motor vehicle inspector's] or
firefighter's duties.
(b) Failure to assist a peace officer, special policeman [, motor
vehicle inspector] or firefighter is a class A misdemeanor.
Sec. 8. Subsection (a) of section 53a-167c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) A person is guilty of assault of public safety, emergency medical,
public transit or health care personnel when, with intent to prevent a
reasonably identifiable peace officer, special policeman appointed
under section 29-18b, [motor vehicle inspector designated under
section 14-8 and certified pursuant to section 7-294d,] firefighter or
employee of an emergency medical service organization, as defined in
section 53a-3, as amended by this act, emergency room physician or
nurse, health care employee as defined in section 19a-490q, employee
of the Department of Correction, member or employee of the Board of
Pardons and Paroles, probation officer, employee of the Judicial
Branch assigned to provide pretrial secure detention and
programming services to juveniles accused of the commission of a
delinquent act, liquor control agent, state or municipal animal control
officer, security officer, employee of the Department of Children and
Families assigned to provide direct services to children and youths in
the care or custody of the department, employee of a municipal police
department assigned to provide security at the police department's
lockup and holding facility, active individual member of a volunteer
canine search and rescue team, as defined in section 5-249, or public House Bill No. 6376
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transit employee from performing his or her duties, and while such
peace officer, special policeman, [motor vehicle inspector,] firefighter,
employee, physician, nurse, health care employee, member, liquor
control agent, animal control officer, security officer, probation officer
or active individual member is acting in the performance of his or her
duties, (1) such person causes physical injury to such peace officer,
special policeman, [motor vehicle inspector,] firefighter, employee,
physician, nurse, member, liquor control agent, animal control officer,
security officer, probation officer or active individual member, or (2)
such person throws or hurls, or causes to be thrown or hurled, any
rock, bottle, can or other article, object or missile of any kind capable of
causing physical harm, damage or injury, at such peace officer, special
policeman, [motor vehicle inspector,] firefighter, employee, physician,
nurse, member, liquor control agent, animal control officer, security
officer, probation officer or active individual member, or (3) such
person uses or causes to be used any mace, tear gas or any like or
similar deleterious agent against such peace officer, special policeman,
[motor vehicle inspector,] firefighter, employee, physician, nurse,
member, liquor control agent, animal control officer, security officer,
probation officer or active individual member, or (4) such person
throws or hurls, or causes to be thrown or hurled, any paint, dye or
other like or similar staining, discoloring or coloring agent or any type
of offensive or noxious liquid, agent or substance at such peace officer,
special policeman, [motor vehicle inspector,] firefighter, employee,
physician, nurse, member, liquor control agent, animal control officer,
security officer, probation officer or active individual member, or (5)
such person throws or hurls, or causes to be thrown or hurled, any
bodily fluid including, but not limited to, urine, feces, blood or saliva
at such peace officer, special policeman, [motor vehicle inspector,]
firefighter, employee, physician, nurse, member, liquor control agent,
animal control officer, security officer, probation officer or active
individual member. For the purposes of this section, "public transit
employee" means a person employed by the state, a political House Bill No. 6376
Public Act No. 19-108 10 of 11
subdivision of the state, a transit district formed under chapter 103a or
a person with whom the Commissioner of Transpor tation has
contracted in accordance with section 13b-34 to provide transportation
services who operates a vehicle or vessel providing public ferry service
or fixed route bus service or performs duties directly related to the
operation of such vehicle or vessel, or who, as part of the provision of
public rail service, is a train operator, conductor, inspector, signal
person or station agent and "security officer" has the same meaning as
provided in section 29-152u.
Sec. 9. Section 53a-217b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) A person is guilty of possession of a weapon on school grounds
when, knowing that such person is not licensed or privileged to do so,
such person possesses a firearm or deadly weapon, as defined in
section 53a-3, as amended by this act, (1) in or on the real property
comprising a public or private elementary or secondary school, or (2)
at a school-sponsored activity as defined in subsection (h) of section
10-233a.
(b) The provisions of subsection (a) of this section shall not apply to
the otherwise lawful possession of a firearm (1) by a person for use in a
program approved by school officials in or on such school property or
at such school-sponsored activity, (2) by a person in accordance with
an agreement entered into between school officials and such person or
such person's employer, (3) by a peace officer, as defined in
subdivision (9) of section 53a-3, as amended by this act, while engaged
in the performance of such peace officer's official duties, or (4) by a
person while traversing such school property for the purpose of
gaining access to public or private lands open to hunting or for other
lawful purposes, provided such firearm is not loaded and the entry on
such school property is permitted by the local or regional board of
education. [, or (5) by a motor vehicle inspector, designated under House Bill No. 6376
Public Act No. 19-108 11 of 11
section 14-8 and certified pursuant to section 7-294d, while engaged in
the performance of such motor vehicle inspector's official duties.]
(c) Possession of a weapon on school grounds is a class D felony.