Connecticut 2019 Regular Session

Connecticut Senate Bill SB00164 Compare Versions

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	7	+	General Assembly Substitute Bill No. 164
	8	+	January Session, 2019
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4		-	Substitute Senate Bill No. 164
5		-
6		-	Public Act No. 19-17
7		-
8		-
9		-	AN ACT CONCERNING WO RKERS' COMPENSATION BENEFITS
10		-	FOR CERTAIN MENTAL O R EMOTIONAL IMPAIRME NTS, MENTAL
11		-	HEALTH CARE FOR POLI CE OFFICERS AND WELLNES S
12		-	TRAINING FOR POLICE OFFICERS, PAROLE OFF ICERS AND
13		-	FIREFIGHTERS.
	12	+	AN ACT INCLUDING CER TAIN MENTAL OR EMOTI ONAL
	13	+	IMPAIRMENTS WITHIN THE DEFINITION OF "PERSONAL INJURY"
	14	+	UNDER THE WORKERS' C OMPENSATION STATUTES .
14	15		Be it enacted by the Senate and House of Representatives in General
15	16		Assembly convened:
16	17
17		-	Section 1. Subdivision (16) of section 31-275 of the general statutes is
18		-	repealed and the following is substituted in lieu thereof (Effective July
19		-	1, 2019):
20		-	(16) (A) "Personal injury" or "injury" includes, in addition to
21		-	accidental injury that may be definitely located as to the time when
22		-	and the place where the accident occurred, an injury to an employee
23		-	that is causally connected with the employee's employment and is the
24		-	direct result of repetitive trauma or repetitive acts incident to such
25		-	employment, and occupational disease.
26		-	(B) "Personal injury" or "injury" shall not be construed to include:
27		-	(i) An injury to an employee that results from the employee's
28		-	voluntary participation in any activity the major purpose of which is
29		-	social or recreational, including, but not limited to, athletic events,
30		-	parties and picnics, whether or not the employer pays some or all of Substitute Senate Bill No. 164
	18	+	Section 1. Subdivision (16) of section 31-275 of the general statutes is 1
	19	+	repealed and the following is substituted in lieu thereof (Effective from 2
	20	+	passage): 3
	21	+	(16) (A) "Personal injury" or "injury" includes, in addition to 4
	22	+	accidental injury that may be definitely located as to the time when 5
	23	+	and the place where the accident occurred, an injury to an employee 6
	24	+	that is causally connected with the employee's employment and is the 7
	25	+	direct result of repetitive trauma or repetitive acts incident to such 8
	26	+	employment, and occupational disease. 9
	27	+	(B) "Personal injury" or "injury" shall not be construed to include: 10
	28	+	(i) An injury to an employee that results from the employee's 11
	29	+	voluntary participation in any activity the major purpose of which is 12
	30	+	social or recreational, including, but not limited to, athletic events, 13
	31	+	parties and picnics, whether or not the employer pays some or all of 14
	32	+	the cost of such activity; 15
	33	+	(ii) A mental or emotional impairment, unless such impairment (I) 16
	34	+	arises from a physical injury or occupational disease, (II) in the case of 17
	35	+	a police officer, arises from such police officer's use of deadly force or 18 Substitute Bill No. 164
31	36
32		-	Public Act No. 19-17 2 of 15
33	37
34		-	the cost of such activity;
35		-	(ii) A mental or emotional impairment, unless such impairment (I)
36		-	arises from a physical injury or occupational disease, (II) in the case of
37		-	a police officer of the Division of State Police within the Department of
38		-	Emergency Services and Public Protection, an organized local police
39		-	department or a municipal constabulary, arises from such police
40		-	officer's use of deadly force or subjection to deadly force in the line of
41		-	duty, regardless of whether such police officer is physically injured,
42		-	provided such police officer is the subject of an attempt by another
43		-	person to cause such police officer serious physical injury or death
44		-	through the use of deadly force, and such police officer reasonably
45		-	believes such police officer to be the subject of such an attempt, or (III)
46		-	in the case of a police officer, parole officer or firefighter, is [diagnosed
47		-	as] a diagnosis of post-traumatic stress disorder [by a licensed and
48		-	board certified mental health professional, determined by such
49		-	professional to be originating from the firefighter witnessing the death
50		-	of another firefighter while engaged in the line of duty and not subject
51		-	to any other exclusion in this section] as defined in section 2 of this act
52		-	that meets all the requirements of section 2 of this act. As used in this
53		-	clause, ["police officer" means a member of the Division of State Police
54		-	within the Department of Emergency Services and Public Protection,
55		-	an organized local police department or a municipal constabulary,
56		-	"firefighter" means a uniformed member of a municipal paid or
57		-	volunteer fire department, and] "in the line of duty" means any action
58		-	that a police officer [or firefighter] is obligated or authorized by law,
59		-	rule, regulation or written condition of employment service to
60		-	perform, or for which the police officer or firefighter is compensated
61		-	by the public entity such officer serves;
62		-	(iii) A mental or emotional impairment that results from a personnel
63		-	action, including, but not limited to, a transfer, promotion, demotion
64		-	or termination; or Substitute Senate Bill No. 164
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66		-	Public Act No. 19-17 3 of 15
	42	+	subjection to deadly force in the line of duty, regardless of whether 19
	43	+	such police officer is physically injured, provided such police officer is 20
	44	+	the subject of an attempt by another person to cause such police officer 21
	45	+	serious physical injury or death through the use of deadly force, and 22
	46	+	such police officer reasonably believes such police officer to be the 23
	47	+	subject of such an attempt, [or] (III) in the case of a firefighter, is 24
	48	+	diagnosed as post-traumatic stress disorder by a licensed and board 25
	49	+	certified mental health professional, determined by such professional 26
	50	+	to be originating from the firefighter witnessing the death of another 27
	51	+	firefighter while engaged in the line of duty and not subject to any 28
	52	+	other exclusion in this section, or (IV) in the case of any police officer 29
	53	+	or firefighter, is: Diagnosed as post-traumatic stress disorder by a 30
	54	+	licensed and board certified mental health professional; determined by 31
	55	+	such professional to be originating from the police officer or firefighter 32
	56	+	visually witnessing the death or maiming of one or more human 33
	57	+	beings; not the result of some natural cause, and the visual witnessing 34
	58	+	of such death or maiming, or the visual witnessing of the immediate 35
	59	+	aftermath of such death or maiming, occurred while the police officer 36
	60	+	or firefighter was engaged in the line of duty. As used in this clause, 37
	61	+	"police officer" means a member of the Division of State Police within 38
	62	+	the Department of Emergency Services and Public Protection, an 39
	63	+	organized local police department or a municipal constabulary, 40
	64	+	"firefighter" means a uniformed member of a municipal paid or 41
	65	+	volunteer fire department, [and] "in the line of duty" means any action 42
	66	+	that a police officer or firefighter is obligated or authorized by law, 43
	67	+	rule, regulation or written condition of employment service to 44
	68	+	perform, or for which the police officer or firefighter is compensated 45
	69	+	by the public entity such officer serves, "maiming" means the loss of 46
	70	+	any member or organ, and "immediate aftermath" means the scene at 47
	71	+	which such death or maiming occurred for a period of time not to 48
	72	+	exceed six hours after such scene is secured by law enforcement 49
	73	+	officers; 50
	74	+	(iii) A mental or emotional impairment that results from a personnel 51
	75	+	action, including, but not limited to, a transfer, promotion, demotion 52 Substitute Bill No. 164
67	76
68		-	(iv) Notwithstanding the provisions of subparagraph (B)(i) of this
69		-	subdivision, "personal injury" or "injury" includes injuries to
70		-	employees of local or regional boards of education resulting from
71		-	participation in a school-sponsored activity but does not include any
72		-	injury incurred while going to or from such activity. As used in this
73		-	clause, "school-sponsored activity" means any activity sponsored,
74		-	recognized or authorized by a board of education and includes
75		-	activities conducted on or off school property and "participation"
76		-	means acting as a chaperone, advisor, supervisor or instructor at the
77		-	request of an administrator with supervisory authority over the
78		-	employee.
79		-	Sec. 2. (NEW) (Effective July 1, 2019) (a) As used in this section:
80		-	(1) "Firefighter" has the same meaning as provided in section 7-313g
81		-	of the general statutes;
82		-	(2) "In the line of duty" means any action that a police officer, parole
83		-	officer or firefighter is obligated or authorized by law, rule, regulation
84		-	or written condition of employment service to perform, or for which
85		-	the officer or firefighter is compensated by the public entity such
86		-	officer or firefighter serves, except that, in the case of a volunteer
87		-	firefighter, such action or service constitutes fire duties, as defined in
88		-	subsection (b) of section 7-314b of the general statutes;
89		-	(3) "Mental health professional" means a board-certified psychiatrist
90		-	or a psychologist licensed pursuant to chapter 383 of the general
91		-	statutes, who has experience diagnosing and treating post-traumatic
92		-	stress disorder;
93		-	(4) "Parole officer" means an employee of the Department of
94		-	Correction who supervises inmates in the community after their
95		-	release from prison on parole or under another prison release
96		-	program; Substitute Senate Bill No. 164
97	77
98		-	Public Act No. 19-17 4 of 15
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99	81
100		-	(5) "Police officer" has the same meaning as provided in section 7-
101		-	294a of the general statutes, except that "police officer" does not
102		-	include an officer of a law enforcement unit of the Mashantucket
103		-	Pequot Tribe or the Mohegan Tribe of Indians of Connecticut;
104		-	(6) "Post-traumatic stress disorder" means a disorder that meets the
105		-	diagnostic criteria for post-traumatic stress disorder as specified in the
106		-	most recent edition of the American Psychiatric Association's
107		-	"Diagnostic and Statistical Manual of Mental Disorders"; and
108		-	(7) "Qualifying event" means an event occurring in the line of duty
109		-	on or after July 1, 2019, in which a police officer, parole officer or
110		-	firefighter:
111		-	(A) Views a deceased minor;
112		-	(B) Witnesses the death of a person or an incident involving the
113		-	death of a person;
114		-	(C) Witnesses an injury to a person who subsequently dies before or
115		-	upon admission at a hospital as a result of the injury and not as a result
116		-	of any other intervening cause;
117		-	(D) Has physical contact with and treats an injured person who
118		-	subsequently dies before or upon admission at a hospital as a result of
119		-	the injury and not as a result of any other intervening cause;
120		-	(E) Carries an injured person who subsequently dies before or upon
121		-	admission at a hospital as a result of the injury and not as a result of
122		-	any other intervening cause; or
123		-	(F) Witnesses a traumatic physical injury that results in the loss of a
124		-	vital body part or a vital body function that results in permanent
125		-	disfigurement of the victim.
126		-	(b) A diagnosis of post-traumatic stress disorder is compensable as a Substitute Senate Bill No. 164
	82	+	or termination; or 53
	83	+	(iv) Notwithstanding the provisions of subparagraph (B)(i) of this 54
	84	+	subdivision, "personal injury" or "injury" includes injuries to 55
	85	+	employees of local or regional boards of education resulting from 56
	86	+	participation in a school-sponsored activity but does not include any 57
	87	+	injury incurred while going to or from such activity. As used in this 58
	88	+	clause, "school-sponsored activity" means any activity sponsored, 59
	89	+	recognized or authorized by a board of education and includes 60
	90	+	activities conducted on or off school property and "participation" 61
	91	+	means acting as a chaperone, advisor, supervisor or instructor at the 62
	92	+	request of an administrator with supervisory authority over the 63
	93	+	employee. 64
	94	+	Sec. 2. (NEW) (Effective from passage) Not later than October 1, 2019, 65
	95	+	the state shall purchase a workers' compensation insurance policy to 66
	96	+	provide coverage for any claims for workers' compensation benefits 67
	97	+	made pursuant to subparagraph (B)(ii)(IV) of subdivision (16) of 68
	98	+	section 31-275 of the general statutes, as amended by this act. 69
	99	+	Sec. 3. Section 31-294h of the general statutes is repealed. (Effective 70
	100	+	from passage) 71
	101	+	This act shall take effect as follows and shall amend the following
	102	+	sections:
127	103
128		-	Public Act No. 19-17 5 of 15
	104	+	Section 1 from passage 31-275(16)
	105	+	Sec. 2 from passage New section
	106	+	Sec. 3 from passage Repealer section
129	107
130		-	personal injury as described in subparagraph (B)(ii)(III) of subdivision
131		-	(16) of section 31-275 of the general statutes, as amended by this act, if
132		-	a mental health professional examines a police officer, parole officer or
133		-	firefighter and diagnoses the officer or firefighter with post-traumatic
134		-	stress disorder as a direct result of a qualifying event, provided (1) the
135		-	post-traumatic stress disorder resulted from the officer or firefighter
136		-	acting in the line of duty and, in the case of a firefighter, such
137		-	firefighter complied with Federal Occupational Safety and Health Act
138		-	standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156,
139		-	(2) a qualifying event was a substantial factor in causing the disorder,
140		-	(3) such qualifying event, and not another event or source of stress,
141		-	was the primary cause of the post-traumatic stress disorder, and (4) the
142		-	post-traumatic stress disorder did not result from any disciplinary
143		-	action, work evaluation, job transfer, layoff, demotion, promotion,
144		-	termination, retirement or similar action of the officer or firefighter.
145		-	Any such mental health professional shall comply with any workers'
146		-	compensation guidelines for approved medical providers, including,
147		-	but not limited to, guidelines on release of past or contemporaneous
148		-	medical records.
149		-	(c) Whenever liability to pay compensation is contested by the
150		-	employer, the employer shall file with the commissioner, on or before
151		-	the twenty-eighth day after the employer has received a written notice
152		-	of claim, a notice in accordance with a form prescribed by the
153		-	chairperson of the Workers' Compensation Commission stating that
154		-	the right to compensation is contested, the name of the claimant, the
155		-	name of the employer, the date of the alleged injury and the specific
156		-	grounds on which the right to compensation is contested. The
157		-	employer shall send a copy of the notice to the employee in accordance
158		-	with section 31-321 of the general statutes. If the employer or the
159		-	employer's legal representative fails to file the notice contesting
160		-	liability on or before the twenty-eighth day after receiving the written
161		-	notice of claim, the employer shall commence payment of Substitute Senate Bill No. 164
162	108
163		-	Public Act No. 19-17 6 of 15
164		-
165		-	compensation for such injury on or before the twenty-eighth day after
166		-	receiving the written notice of claim, but the employer may contest the
167		-	employee's right to receive compensation on any grounds or the extent
168		-	of the employee's disability within one hundred eighty days from the
169		-	receipt of the written notice of claim and any benefits paid during the
170		-	one hundred eighty days shall be considered payments without
171		-	prejudice, provided the employer shall not be required to commence
172		-	payment of compensation when the written notice of claim has not
173		-	been properly served in accordance with section 31-321 of the general
174		-	statutes or when the written notice of claim fails to include a warning
175		-	that the employer (1) if the employer has commenced payment for the
176		-	alleged injury on or before the twenty-eighth day after receiving a
177		-	written notice of claim, shall be precluded from contesting liability
178		-	unless a notice contesting liability is filed within one hundred eighty
179		-	days from the receipt of the written notice of claim, and (2) shall be
180		-	conclusively presumed to have accepted the compensability of the
181		-	alleged injury unless the employer either files a notice contesting
182		-	liability on or before the twenty-eighth day after receiving a written
183		-	notice of claim or commences payment for the alleged injury on or
184		-	before such twenty-eighth day. An employer shall be entitled, if the
185		-	employer prevails, to reimbursement from the claimant of any
186		-	compensation paid by the employer on and after the date the
187		-	commissioner receives written notice from the employer or the
188		-	employer's legal representative, in accordance with the form
189		-	prescribed by the chairperson of the Workers' Compensation
190		-	Commission, stating that the right to compensation is contested.
191		-	Notwithstanding the provisions of this subsection, an employer who
192		-	fails to contest liability for an alleged injury on or before the twenty-
193		-	eighth day after receiving a written notice of claim and who fails to
194		-	commence payment for the alleged injury on or before such twenty-
195		-	eighth day, shall be conclusively presumed to have accepted the
196		-	compensability of the alleged injury. If an employer has opted to post
197		-	an address of where notice of a claim for compensation by an Substitute Senate Bill No. 164
198		-
199		-	Public Act No. 19-17 7 of 15
200		-
201		-	employee shall be sent, as described in subsection (a) of section 31-294c
202		-	of the general statutes, the twenty-eight-day period set forth in this
203		-	subsection shall begin on the date when such employer receives
204		-	written notice of a claim for compensation at such posted address.
205		-	(d) Notwithstanding any provision of chapter 568 of the general
206		-	statutes, workers' compensation benefits for any police officer, parole
207		-	officer or firefighter for a personal injury described in subparagraph
208		-	(B)(ii)(III) of subdivision (16) of section 31-275 of the general statutes,
209		-	as amended by this act, shall (1) include any combination of medical
210		-	treatment prescribed by a board-certified psychiatrist or a licensed
211		-	psychologist, temporary total incapacity benefits under section 31-307
212		-	of the general statutes and temporary partial incapacity benefits under
213		-	subsection (a) of section 31-308 of the general statutes, and (2) be
214		-	provided for a maximum of fifty-two weeks from the date of
215		-	diagnosis. No medical treatment, temporary total incapacity benefits
216		-	under section 31-307 of the general statutes or temporary partial
217		-	incapacity benefits under subsection (a) of section 31-308 of the general
218		-	statutes shall be awarded beyond four years from the date of the
219		-	qualifying event that formed the basis for the personal injury. The
220		-	weekly benefits received by an officer or a firefighter pursuant to
221		-	section 31-307 of the general statutes or subsection (a) of section 31-308
222		-	of the general statutes, when combined with other benefits including,
223		-	but not limited to, contributory and noncontributory retirement
224		-	benefits, Social Security benefits, benefits under a long-term or short-
225		-	term disability plan, but not including payments for medical care, shall
226		-	not exceed the average weekly wage paid to such officer or firefighter.
227		-	An officer or firefighter receiving benefits pursuant to this subsection
228		-	shall not be entitled to benefits pursuant to subsection (b) of section 31-
229		-	308 of the general statutes or section 31-308a of the general statutes.
230		-	Sec. 3. Section 31-294h of the general statutes is repealed and the
231		-	following is substituted in lieu thereof (Effective July 1, 2019): Substitute Senate Bill No. 164
232		-
233		-	Public Act No. 19-17 8 of 15
234		-
235		-	Notwithstanding any provision of this chapter, workers'
236		-	compensation benefits for any [(1)] police officer, as [defined]
237		-	described in subparagraph [(B)(ii)] (B)(ii)(II) of subdivision (16) of
238		-	section 31-275, as amended by this act, who suffers a mental or
239		-	emotional impairment arising from such police officer's use of deadly
240		-	force or subjection to deadly force in the line of duty, [or (2) firefighter,
241		-	as defined in subparagraph (B)(ii) of subdivision (16) of section 31-275,
242		-	who suffers a mental or emotional impairment diagnosed as post-
243		-	traumatic stress disorder originating from the firefighter witnessing
244		-	the death of another firefighter while engaged in the line of duty,] shall
245		-	be limited to treatment by a psychologist or a psychiatrist who is on
246		-	the approved list of practicing physicians established by the
247		-	[chairman] chairperson of the Workers' Compensation Commission
248		-	pursuant to section 31-280.
249		-	Sec. 4. (NEW) (Effective October 1, 2019) (a) No law enforcement unit,
250		-	as defined in section 7-294a of the general statutes, shall discharge,
251		-	discipline, discriminate against or otherwise penalize a police officer,
252		-	as defined in section 7-294a of the general statutes, who is employed
253		-	by such law enforcement unit solely because the police officer seeks or
254		-	receives mental health care services or surrenders his or her firearm,
255		-	ammunition or electronic defense weapon used in the performance of
256		-	the police officer's official duties to such law enforcement unit during
257		-	the time the police officer receives mental health care services. The
258		-	provisions of this subsection shall not be applicable to a police officer
259		-	who (1) seeks or receives mental health care services to avoid
260		-	disciplinary action by such law enforcement unit, or (2) refuses to
261		-	submit himself or herself to an examination as provided in subsection
262		-	(b) of this section.
263		-	(b) Prior to returning to a police officer his or her surrendered
264		-	firearm, ammunition or electronic defense weapon used in the
265		-	performance of the police officer's official duties, such law enforcement Substitute Senate Bill No. 164
266		-
267		-	Public Act No. 19-17 9 of 15
268		-
269		-	unit shall request the police officer to submit himself or herself to an
270		-	examination by a mental health professional, as defined in section 2 of
271		-	this act. The examination shall be performed to determine whether the
272		-	police officer is ready to report for official duty and shall be paid for by
273		-	such law enforcement unit.
274		-	(c) No civil action may be brought against a law enforcement unit
275		-	for damages arising from an act or omission of a police officer
276		-	employed by the unit with respect to the officer's use of his or her
277		-	personal firearm, if (1) the officer seeks or receives mental health care
278		-	services and surrenders to such unit his or her firearm, ammunition or
279		-	electronic defense weapon used in the performance of the police
280		-	officer's official duties, and (2) such act or omission occurs during the
281		-	time period the officer has surrendered his or her firearm, ammunition
282		-	or electronic defense weapon or within six months of the date of
283		-	surrendering his or her firearm, ammunition or electronic defense
284		-	weapon, whichever is longer.
285		-	Sec. 5. Section 53a-217 of the general statutes is repealed and the
286		-	following is substituted in lieu thereof (Effective October 1, 2019):
287		-	(a) A person is guilty of criminal possession of a firearm,
288		-	ammunition or an electronic defense weapon when such person
289		-	possesses a firearm, ammunition or an electronic defense weapon and
290		-	(1) has been convicted of a felony committed prior to, on or after
291		-	October 1, 2013, or of a violation of section 21a-279, 53a-58, 53a-61, 53a-
292		-	61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d
293		-	committed on or after October 1, 2013, (2) has been convicted as
294		-	delinquent for the commission of a serious juvenile offense, as defined
295		-	in section 46b-120, (3) has been discharged from custody within the
296		-	preceding twenty years after having been found not guilty of a crime
297		-	by reason of mental disease or defect pursuant to section 53a-13, (4)
298		-	knows that such person is subject to (A) a restraining or protective
299		-	order of a court of this state that has been issued against such person, Substitute Senate Bill No. 164
300		-
301		-	Public Act No. 19-17 10 of 15
302		-
303		-	after notice has been provided to such person, in a case involving the
304		-	use, attempted use or threatened use of physical force against another
305		-	person, or (B) a foreign order of protection, as defined in section 46b-
306		-	15a, that has been issued against such person in a case involving the
307		-	use, attempted use or threatened use of physical force against another
308		-	person, (5) (A) has been confined on or after October 1, 2013, in a
309		-	hospital for persons with psychiatric disabilities, as defined in section
310		-	17a-495, within the preceding sixty months by order of a probate court,
311		-	or with respect to any person who holds a valid permit or certificate
312		-	that was issued or renewed under the provisions of section 29-28 or 29-
313		-	36f in effect prior to October 1, 2013, such person has been confined in
314		-	such hospital within the preceding twelve months, or (B) has been
315		-	voluntarily admitted on or after October 1, 2013, to a hospital for
316		-	persons with psychiatric disabilities, as defined in section 17a-495,
317		-	within the preceding six months for care and treatment of a psychiatric
318		-	disability, [and not] unless the person (i) was voluntarily admitted
319		-	solely for being an alcohol-dependent person or a drug-dependent
320		-	person as those terms are defined in section 17a-680, or (ii) is a police
321		-	officer who was voluntarily admitted and had his or her firearm,
322		-	ammunition or electronic defense weapon used in the performance of
323		-	the police officer's official duties returned in accordance with section 4
324		-	of this act, (6) knows that such person is subject to a firearms seizure
325		-	order issued pursuant to subsection (d) of section 29-38c after notice
326		-	and an opportunity to be heard has been provided to such person, or
327		-	(7) is prohibited from shipping, transporting, possessing or receiving a
328		-	firearm pursuant to 18 USC 922(g)(4). For the purposes of this section,
329		-	"convicted" means having a judgment of conviction entered by a court
330		-	of competent jurisdiction, "ammunition" means a loaded cartridge,
331		-	consisting of a primed case, propellant or projectile, designed for use
332		-	in any firearm, and a motor vehicle violation for which a sentence to a
333		-	term of imprisonment of more than one year may be imposed shall be
334		-	deemed an unclassified felony. Substitute Senate Bill No. 164
335		-
336		-	Public Act No. 19-17 11 of 15
337		-
338		-	(b) Criminal possession of a firearm, ammunition or an electronic
339		-	defense weapon is a class C felony, for which two years of the sentence
340		-	imposed may not be suspended or reduced by the court, and five
341		-	thousand dollars of the fine imposed may not be remitted or reduced
342		-	by the court unless the court states on the record its reasons for
343		-	remitting or reducing such fine.
344		-	Sec. 6. Section 53a-217c of the general statutes is repealed and the
345		-	following is substituted in lieu thereof (Effective October 1, 2019):
346		-	(a) A person is guilty of criminal possession of a pistol or revolver
347		-	when such person possesses a pistol or revolver, as defined in section
348		-	29-27, and (1) has been convicted of a felony committed prior to, on or
349		-	after October 1, 2013, or of a violation of section 21a-279, 53a-58, 53a-
350		-	61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-
351		-	181d committed on or after October 1, 1994, (2) has been convicted as
352		-	delinquent for the commission of a serious juvenile offense, as defined
353		-	in section 46b-120, (3) has been discharged from custody within the
354		-	preceding twenty years after having been found not guilty of a crime
355		-	by reason of mental disease or defect pursuant to section 53a-13, (4) (A)
356		-	has been confined prior to October 1, 2013, in a hospital for persons
357		-	with psychiatric disabilities, as defined in section 17a-495, within the
358		-	preceding twelve months by order of a probate court, or has been
359		-	confined on or after October 1, 2013, in a hospital for persons with
360		-	psychiatric disabilities, as defined in section 17a-495, within the
361		-	preceding sixty months by order of a probate court, or, with respect to
362		-	any person who holds a valid permit or certificate that was issued or
363		-	renewed under the provisions of section 29-28 or 29-36f in effect prior
364		-	to October 1, 2013, such person has been confined in such hospital
365		-	within the preceding twelve months, or (B) has been voluntarily
366		-	admitted on or after October 1, 2013, to a hospital for persons with
367		-	psychiatric disabilities, as defined in section 17a-495, within the
368		-	preceding six months for care and treatment of a psychiatric disability, Substitute Senate Bill No. 164
369		-
370		-	Public Act No. 19-17 12 of 15
371		-
372		-	[and not] unless the person (i) was voluntarily admitted solely for
373		-	being an alcohol-dependent person or a drug-dependent person as
374		-	those terms are defined in section 17a-680, or (ii) is a police officer who
375		-	was voluntarily admitted and had his or her firearm, ammunition or
376		-	electronic defense weapon used in the performance of the police
377		-	officer's official duties returned in accordance with section 4 of this act,
378		-	(5) knows that such person is subject to (A) a restraining or protective
379		-	order of a court of this state that has been issued against such person,
380		-	after notice has been provided to such person, in a case involving the
381		-	use, attempted use or threatened use of physical force against another
382		-	person, or (B) a foreign order of protection, as defined in section 46b-
383		-	15a, that has been issued against such person in a case involving the
384		-	use, attempted use or threatened use of physical force against another
385		-	person, (6) knows that such person is subject to a firearms seizure
386		-	order issued pursuant to subsection (d) of section 29-38c after notice
387		-	and an opportunity to be heard has been provided to such person, (7)
388		-	is prohibited from shipping, transporting, possessing or receiving a
389		-	firearm pursuant to 18 USC 922(g)(4), or (8) is an alien illegally or
390		-	unlawfully in the United States. For the purposes of this section,
391		-	"convicted" means having a judgment of conviction entered by a court
392		-	of competent jurisdiction.
393		-	(b) Criminal possession of a pistol or revolver is a class C felony, for
394		-	which two years of the sentence imposed may not be suspended or
395		-	reduced by the court, and five thousand dollars of the fine imposed
396		-	may not be remitted or reduced by the court unless the court states on
397		-	the record its reasons for remitting or reducing such fine.
398		-	Sec. 7. (NEW) (Effective July 1, 2019) (a) Not later than January 1,
399		-	2020, the Police Officer Standards and Training Council, established
400		-	under section 7-294b of the general statutes, the Department of
401		-	Correction and the Commission on Fire Prevention and Control shall
402		-	develop and promulgate a model critical incident and peer support Substitute Senate Bill No. 164
403		-
404		-	Public Act No. 19-17 13 of 15
405		-
406		-	policy to support the mental health care and wellness of police officers,
407		-	as defined in section 7-294a of the general statutes, parole officers, as
408		-	defined in section 2 of this act, and firefighters, as defined in section 2
409		-	of this act.
410		-	(b) Not later than July 1, 2020, each law enforcement unit as defined
411		-	in section 7-294a of the general statutes, the Department of Correction
412		-	as employer of parole officers, each municipal or state paid or
413		-	volunteer fire department and each municipal entity employing a fire
414		-	marshal, deputy fire marshal, fire investigator, fire inspector or other
415		-	class of investigator or inspector for whom the State Fire Marshal and
416		-	the Codes and Standards Committee, acting jointly, have adopted
417		-	minimum standards of qualification pursuant to section 29-298 of the
418		-	general statutes, shall (1) adopt and maintain a written policy that
419		-	meets or exceeds the standards of the model policy developed
420		-	pursuant to subsection (a) of this section; (2) make peer support
421		-	available to such officers and firefighters; and (3) refer an officer or
422		-	firefighter, as appropriate, seeking mental health care services to a
423		-	mental health professional, as defined in section 2 of this act.
424		-	Sec. 8. (NEW) (Effective July 1, 2019) Each police basic training
425		-	program conducted or administered by the Division of State Police
426		-	within the Department of Emergency Services and Public Protection,
427		-	the Police Officer Standards and Training Council established under
428		-	section 7-294b of the general statutes or a municipal police department
429		-	in this state shall provide, in consultation with the Department of
430		-	Mental Health and Addiction Services, resilience and self-care
431		-	technique training for any individual who begins basic training as a
432		-	police officer, as defined in section 7-294a of the general statutes, on or
433		-	after January 1, 2020.
434		-	Sec. 9. (NEW) (Effective July 1, 2019) In consultation with the
435		-	Department of Mental Health and Addiction Services, the Department
436		-	of Correction shall provide resilience and self-care technique training Substitute Senate Bill No. 164
437		-
438		-	Public Act No. 19-17 14 of 15
439		-
440		-	for each parole officer, as defined in section 2 of this act, hired on or
441		-	after January 1, 2020.
442		-	Sec. 10. (NEW) (Effective July 1, 2019) In consultation with the
443		-	Department of Mental Health and Addiction Services, the Commission
444		-	on Fire Prevention and Control, the State Fire Marshal and the Codes
445		-	and Standards Committee and any other state or municipal entity
446		-	providing training to a firefighter, as defined in section 2 of this act,
447		-	shall provide resilience and self-care technique training for any
448		-	individual who begins initial training as a firefighter on or after
449		-	January 1, 2020.
450		-	Sec. 11. (Effective July 1, 2019) Not later than February 1, 2020, the
451		-	joint standing committee of the General Assembly having cognizance
452		-	of matters relating to labor and public employees shall complete an
453		-	examination of the feasibility of expanding the availability of benefits
454		-	for post-traumatic stress disorder pursuant to section 2 of this act to
455		-	emergency medical services personnel, as defined in section 20-206jj of
456		-	the general statutes, and Department of Correction employees who are
457		-	not otherwise eligible for benefits pursuant to section 2 of this act. In
458		-	conducting such examination the committee shall consult with
459		-	representatives of the Workers' Compensation Commission, workers'
460		-	compensation claimants, employers, insurers and municipalities and
461		-	may consult with other individuals the committee deems appropriate.
462		-	If the committee determines it is feasible to expand the benefits
463		-	available under section 2 of this act during the next legislative session,
464		-	said committee shall originate a bill making emergency medical
465		-	services personnel and Department of Correction employees eligible
466		-	for such benefits based on the criteria described in section 2 of this act
467		-	and based on any qualifying event, as defined in section 2 of this act,
468		-	occurring on or after July 1, 2019.
469		-	Sec. 12. Section 2 of substitute senate bill 921 of the current session is
470		-	repealed. (Effective June 30, 2019) Substitute Senate Bill No. 164
471		-
472		-	Public Act No. 19-17 15 of 15
473		-
	109	+	LAB Joint Favorable Subst. -LCO
	110	+	APP Joint Favorable
474	111