Substitute Senate Bill No. 164
Public Act No. 19-17
AN ACT CONCERNING WO RKERS' COMPENSATION BENEFITS
FOR CERTAIN MENTAL O R EMOTIONAL IMPAIRME NTS, MENTAL
HEALTH CARE FOR POLI CE OFFICERS AND WELLNES S
TRAINING FOR POLICE OFFICERS, PAROLE OFF ICERS AND
FIREFIGHTERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (16) of section 31-275 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(16) (A) "Personal injury" or "injury" includes, in addition to
accidental injury that may be definitely located as to the time when
and the place where the accident occurred, an injury to an employee
that is causally connected with the employee's employment and is the
direct result of repetitive trauma or repetitive acts incident to such
employment, and occupational disease.
(B) "Personal injury" or "injury" shall not be construed to include:
(i) An injury to an employee that results from the employee's
voluntary participation in any activity the major purpose of which is
social or recreational, including, but not limited to, athletic events,
parties and picnics, whether or not the employer pays some or all of Substitute Senate Bill No. 164
Public Act No. 19-17 2 of 15
the cost of such activity;
(ii) A mental or emotional impairment, unless such impairment (I)
arises from a physical injury or occupational disease, (II) in the case of
a police officer of the Division of State Police within the Department of
Emergency Services and Public Protection, an organized local police
department or a municipal constabulary, arises from such police
officer's use of deadly force or subjection to deadly force in the line of
duty, regardless of whether such police officer is physically injured,
provided such police officer is the subject of an attempt by another
person to cause such police officer serious physical injury or death
through the use of deadly force, and such police officer reasonably
believes such police officer to be the subject of such an attempt, or (III)
in the case of a police officer, parole officer or firefighter, is [diagnosed
as] a diagnosis of post-traumatic stress disorder [by a licensed and
board certified mental health professional, determined by such
professional to be originating from the firefighter witnessing the death
of another firefighter while engaged in the line of duty and not subject
to any other exclusion in this section] as defined in section 2 of this act
that meets all the requirements of section 2 of this act. As used in this
clause, ["police officer" means a member of the Division of State Police
within the Department of Emergency Services and Public Protection,
an organized local police department or a municipal constabulary,
"firefighter" means a uniformed member of a municipal paid or
volunteer fire department, and] "in the line of duty" means any action
that a police officer [or firefighter] is obligated or authorized by law,
rule, regulation or written condition of employment service to
perform, or for which the police officer or firefighter is compensated
by the public entity such officer serves;
(iii) A mental or emotional impairment that results from a personnel
action, including, but not limited to, a transfer, promotion, demotion
or termination; or Substitute Senate Bill No. 164
Public Act No. 19-17 3 of 15
(iv) Notwithstanding the provisions of subparagraph (B)(i) of this
subdivision, "personal injury" or "injury" includes injuries to
employees of local or regional boards of education resulting from
participation in a school-sponsored activity but does not include any
injury incurred while going to or from such activity. As used in this
clause, "school-sponsored activity" means any activity sponsored,
recognized or authorized by a board of education and includes
activities conducted on or off school property and "participation"
means acting as a chaperone, advisor, supervisor or instructor at the
request of an administrator with supervisory authority over the
employee.
Sec. 2. (NEW) (Effective July 1, 2019) (a) As used in this section:
(1) "Firefighter" has the same meaning as provided in section 7-313g
of the general statutes;
(2) "In the line of duty" means any action that a police officer, parole
officer or firefighter is obligated or authorized by law, rule, regulation
or written condition of employment service to perform, or for which
the officer or firefighter is compensated by the public entity such
officer or firefighter serves, except that, in the case of a volunteer
firefighter, such action or service constitutes fire duties, as defined in
subsection (b) of section 7-314b of the general statutes;
(3) "Mental health professional" means a board-certified psychiatrist
or a psychologist licensed pursuant to chapter 383 of the general
statutes, who has experience diagnosing and treating post-traumatic
stress disorder;
(4) "Parole officer" means an employee of the Department of
Correction who supervises inmates in the community after their
release from prison on parole or under another prison release
program; Substitute Senate Bill No. 164
Public Act No. 19-17 4 of 15
(5) "Police officer" has the same meaning as provided in section 7-
294a of the general statutes, except that "police officer" does not
include an officer of a law enforcement unit of the Mashantucket
Pequot Tribe or the Mohegan Tribe of Indians of Connecticut;
(6) "Post-traumatic stress disorder" means a disorder that meets the
diagnostic criteria for post-traumatic stress disorder as specified in the
most recent edition of the American Psychiatric Association's
"Diagnostic and Statistical Manual of Mental Disorders"; and
(7) "Qualifying event" means an event occurring in the line of duty
on or after July 1, 2019, in which a police officer, parole officer or
firefighter:
(A) Views a deceased minor;
(B) Witnesses the death of a person or an incident involving the
death of a person;
(C) Witnesses an injury to a person who subsequently dies before or
upon admission at a hospital as a result of the injury and not as a result
of any other intervening cause;
(D) Has physical contact with and treats an injured person who
subsequently dies before or upon admission at a hospital as a result of
the injury and not as a result of any other intervening cause;
(E) Carries an injured person who subsequently dies before or upon
admission at a hospital as a result of the injury and not as a result of
any other intervening cause; or
(F) Witnesses a traumatic physical injury that results in the loss of a
vital body part or a vital body function that results in permanent
disfigurement of the victim.
(b) A diagnosis of post-traumatic stress disorder is compensable as a Substitute Senate Bill No. 164
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personal injury as described in subparagraph (B)(ii)(III) of subdivision
(16) of section 31-275 of the general statutes, as amended by this act, if
a mental health professional examines a police officer, parole officer or
firefighter and diagnoses the officer or firefighter with post-traumatic
stress disorder as a direct result of a qualifying event, provided (1) the
post-traumatic stress disorder resulted from the officer or firefighter
acting in the line of duty and, in the case of a firefighter, such
firefighter complied with Federal Occupational Safety and Health Act
standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156,
(2) a qualifying event was a substantial factor in causing the disorder,
(3) such qualifying event, and not another event or source of stress,
was the primary cause of the post-traumatic stress disorder, and (4) the
post-traumatic stress disorder did not result from any disciplinary
action, work evaluation, job transfer, layoff, demotion, promotion,
termination, retirement or similar action of the officer or firefighter.
Any such mental health professional shall comply with any workers'
compensation guidelines for approved medical providers, including,
but not limited to, guidelines on release of past or contemporaneous
medical records.
(c) Whenever liability to pay compensation is contested by the
employer, the employer shall file with the commissioner, on or before
the twenty-eighth day after the employer has received a written notice
of claim, a notice in accordance with a form prescribed by the
chairperson of the Workers' Compensation Commission stating that
the right to compensation is contested, the name of the claimant, the
name of the employer, the date of the alleged injury and the specific
grounds on which the right to compensation is contested. The
employer shall send a copy of the notice to the employee in accordance
with section 31-321 of the general statutes. If the employer or the
employer's legal representative fails to file the notice contesting
liability on or before the twenty-eighth day after receiving the written
notice of claim, the employer shall commence payment of Substitute Senate Bill No. 164
Public Act No. 19-17 6 of 15
compensation for such injury on or before the twenty-eighth day after
receiving the written notice of claim, but the employer may contest the
employee's right to receive compensation on any grounds or the extent
of the employee's disability within one hundred eighty days from the
receipt of the written notice of claim and any benefits paid during the
one hundred eighty days shall be considered payments without
prejudice, provided the employer shall not be required to commence
payment of compensation when the written notice of claim has not
been properly served in accordance with section 31-321 of the general
statutes or when the written notice of claim fails to include a warning
that the employer (1) if the employer has commenced payment for the
alleged injury on or before the twenty-eighth day after receiving a
written notice of claim, shall be precluded from contesting liability
unless a notice contesting liability is filed within one hundred eighty
days from the receipt of the written notice of claim, and (2) shall be
conclusively presumed to have accepted the compensability of the
alleged injury unless the employer either files a notice contesting
liability on or before the twenty-eighth day after receiving a written
notice of claim or commences payment for the alleged injury on or
before such twenty-eighth day. An employer shall be entitled, if the
employer prevails, to reimbursement from the claimant of any
compensation paid by the employer on and after the date the
commissioner receives written notice from the employer or the
employer's legal representative, in accordance with the form
prescribed by the chairperson of the Workers' Compensation
Commission, stating that the right to compensation is contested.
Notwithstanding the provisions of this subsection, an employer who
fails to contest liability for an alleged injury on or before the twenty-
eighth day after receiving a written notice of claim and who fails to
commence payment for the alleged injury on or before such twenty-
eighth day, shall be conclusively presumed to have accepted the
compensability of the alleged injury. If an employer has opted to post
an address of where notice of a claim for compensation by an Substitute Senate Bill No. 164
Public Act No. 19-17 7 of 15
employee shall be sent, as described in subsection (a) of section 31-294c
of the general statutes, the twenty-eight-day period set forth in this
subsection shall begin on the date when such employer receives
written notice of a claim for compensation at such posted address.
(d) Notwithstanding any provision of chapter 568 of the general
statutes, workers' compensation benefits for any police officer, parole
officer or firefighter for a personal injury described in subparagraph
(B)(ii)(III) of subdivision (16) of section 31-275 of the general statutes,
as amended by this act, shall (1) include any combination of medical
treatment prescribed by a board-certified psychiatrist or a licensed
psychologist, temporary total incapacity benefits under section 31-307
of the general statutes and temporary partial incapacity benefits under
subsection (a) of section 31-308 of the general statutes, and (2) be
provided for a maximum of fifty-two weeks from the date of
diagnosis. No medical treatment, temporary total incapacity benefits
under section 31-307 of the general statutes or temporary partial
incapacity benefits under subsection (a) of section 31-308 of the general
statutes shall be awarded beyond four years from the date of the
qualifying event that formed the basis for the personal injury. The
weekly benefits received by an officer or a firefighter pursuant to
section 31-307 of the general statutes or subsection (a) of section 31-308
of the general statutes, when combined with other benefits including,
but not limited to, contributory and noncontributory retirement
benefits, Social Security benefits, benefits under a long-term or short-
term disability plan, but not including payments for medical care, shall
not exceed the average weekly wage paid to such officer or firefighter.
An officer or firefighter receiving benefits pursuant to this subsection
shall not be entitled to benefits pursuant to subsection (b) of section 31-
308 of the general statutes or section 31-308a of the general statutes.
Sec. 3. Section 31-294h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019): Substitute Senate Bill No. 164
Public Act No. 19-17 8 of 15
Notwithstanding any provision of this chapter, workers'
compensation benefits for any [(1)] police officer, as [defined]
described in subparagraph [(B)(ii)] (B)(ii)(II) of subdivision (16) of
section 31-275, as amended by this act, who suffers a mental or
emotional impairment arising from such police officer's use of deadly
force or subjection to deadly force in the line of duty, [or (2) firefighter,
as defined in subparagraph (B)(ii) of subdivision (16) of section 31-275,
who suffers a mental or emotional impairment diagnosed as post-
traumatic stress disorder originating from the firefighter witnessing
the death of another firefighter while engaged in the line of duty,] shall
be limited to treatment by a psychologist or a psychiatrist who is on
the approved list of practicing physicians established by the
[chairman] chairperson of the Workers' Compensation Commission
pursuant to section 31-280.
Sec. 4. (NEW) (Effective October 1, 2019) (a) No law enforcement unit,
as defined in section 7-294a of the general statutes, shall discharge,
discipline, discriminate against or otherwise penalize a police officer,
as defined in section 7-294a of the general statutes, who is employed
by such law enforcement unit solely because the police officer seeks or
receives mental health care services or surrenders his or her firearm,
ammunition or electronic defense weapon used in the performance of
the police officer's official duties to such law enforcement unit during
the time the police officer receives mental health care services. The
provisions of this subsection shall not be applicable to a police officer
who (1) seeks or receives mental health care services to avoid
disciplinary action by such law enforcement unit, or (2) refuses to
submit himself or herself to an examination as provided in subsection
(b) of this section.
(b) Prior to returning to a police officer his or her surrendered
firearm, ammunition or electronic defense weapon used in the
performance of the police officer's official duties, such law enforcement Substitute Senate Bill No. 164
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unit shall request the police officer to submit himself or herself to an
examination by a mental health professional, as defined in section 2 of
this act. The examination shall be performed to determine whether the
police officer is ready to report for official duty and shall be paid for by
such law enforcement unit.
(c) No civil action may be brought against a law enforcement unit
for damages arising from an act or omission of a police officer
employed by the unit with respect to the officer's use of his or her
personal firearm, if (1) the officer seeks or receives mental health care
services and surrenders to such unit his or her firearm, ammunition or
electronic defense weapon used in the performance of the police
officer's official duties, and (2) such act or omission occurs during the
time period the officer has surrendered his or her firearm, ammunition
or electronic defense weapon or within six months of the date of
surrendering his or her firearm, ammunition or electronic defense
weapon, whichever is longer.
Sec. 5. Section 53a-217 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) A person is guilty of criminal possession of a firearm,
ammunition or an electronic defense weapon when such person
possesses a firearm, ammunition or an electronic defense weapon and
(1) has been convicted of a felony committed prior to, on or after
October 1, 2013, or of a violation of section 21a-279, 53a-58, 53a-61, 53a-
61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d
committed on or after October 1, 2013, (2) has been convicted as
delinquent for the commission of a serious juvenile offense, as defined
in section 46b-120, (3) has been discharged from custody within the
preceding twenty years after having been found not guilty of a crime
by reason of mental disease or defect pursuant to section 53a-13, (4)
knows that such person is subject to (A) a restraining or protective
order of a court of this state that has been issued against such person, Substitute Senate Bill No. 164
Public Act No. 19-17 10 of 15
after notice has been provided to such person, in a case involving the
use, attempted use or threatened use of physical force against another
person, or (B) a foreign order of protection, as defined in section 46b-
15a, that has been issued against such person in a case involving the
use, attempted use or threatened use of physical force against another
person, (5) (A) has been confined on or after October 1, 2013, in a
hospital for persons with psychiatric disabilities, as defined in section
17a-495, within the preceding sixty months by order of a probate court,
or with respect to any person who holds a valid permit or certificate
that was issued or renewed under the provisions of section 29-28 or 29-
36f in effect prior to October 1, 2013, such person has been confined in
such hospital within the preceding twelve months, or (B) has been
voluntarily admitted on or after October 1, 2013, to a hospital for
persons with psychiatric disabilities, as defined in section 17a-495,
within the preceding six months for care and treatment of a psychiatric
disability, [and not] unless the person (i) was voluntarily admitted
solely for being an alcohol-dependent person or a drug-dependent
person as those terms are defined in section 17a-680, or (ii) is a police
officer who was voluntarily admitted and had his or her firearm,
ammunition or electronic defense weapon used in the performance of
the police officer's official duties returned in accordance with section 4
of this act, (6) knows that such person is subject to a firearms seizure
order issued pursuant to subsection (d) of section 29-38c after notice
and an opportunity to be heard has been provided to such person, or
(7) is prohibited from shipping, transporting, possessing or receiving a
firearm pursuant to 18 USC 922(g)(4). For the purposes of this section,
"convicted" means having a judgment of conviction entered by a court
of competent jurisdiction, "ammunition" means a loaded cartridge,
consisting of a primed case, propellant or projectile, designed for use
in any firearm, and a motor vehicle violation for which a sentence to a
term of imprisonment of more than one year may be imposed shall be
deemed an unclassified felony. Substitute Senate Bill No. 164
Public Act No. 19-17 11 of 15
(b) Criminal possession of a firearm, ammunition or an electronic
defense weapon is a class C felony, for which two years of the sentence
imposed may not be suspended or reduced by the court, and five
thousand dollars of the fine imposed may not be remitted or reduced
by the court unless the court states on the record its reasons for
remitting or reducing such fine.
Sec. 6. Section 53a-217c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) A person is guilty of criminal possession of a pistol or revolver
when such person possesses a pistol or revolver, as defined in section
29-27, and (1) has been convicted of a felony committed prior to, on or
after October 1, 2013, or of a violation of section 21a-279, 53a-58, 53a-
61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-
181d committed on or after October 1, 1994, (2) has been convicted as
delinquent for the commission of a serious juvenile offense, as defined
in section 46b-120, (3) has been discharged from custody within the
preceding twenty years after having been found not guilty of a crime
by reason of mental disease or defect pursuant to section 53a-13, (4) (A)
has been confined prior to October 1, 2013, in a hospital for persons
with psychiatric disabilities, as defined in section 17a-495, within the
preceding twelve months by order of a probate court, or has been
confined on or after October 1, 2013, in a hospital for persons with
psychiatric disabilities, as defined in section 17a-495, within the
preceding sixty months by order of a probate court, or, with respect to
any person who holds a valid permit or certificate that was issued or
renewed under the provisions of section 29-28 or 29-36f in effect prior
to October 1, 2013, such person has been confined in such hospital
within the preceding twelve months, or (B) has been voluntarily
admitted on or after October 1, 2013, to a hospital for persons with
psychiatric disabilities, as defined in section 17a-495, within the
preceding six months for care and treatment of a psychiatric disability, Substitute Senate Bill No. 164
Public Act No. 19-17 12 of 15
[and not] unless the person (i) was voluntarily admitted solely for
being an alcohol-dependent person or a drug-dependent person as
those terms are defined in section 17a-680, or (ii) is a police officer who
was voluntarily admitted and had his or her firearm, ammunition or
electronic defense weapon used in the performance of the police
officer's official duties returned in accordance with section 4 of this act,
(5) knows that such person is subject to (A) a restraining or protective
order of a court of this state that has been issued against such person,
after notice has been provided to such person, in a case involving the
use, attempted use or threatened use of physical force against another
person, or (B) a foreign order of protection, as defined in section 46b-
15a, that has been issued against such person in a case involving the
use, attempted use or threatened use of physical force against another
person, (6) knows that such person is subject to a firearms seizure
order issued pursuant to subsection (d) of section 29-38c after notice
and an opportunity to be heard has been provided to such person, (7)
is prohibited from shipping, transporting, possessing or receiving a
firearm pursuant to 18 USC 922(g)(4), or (8) is an alien illegally or
unlawfully in the United States. For the purposes of this section,
"convicted" means having a judgment of conviction entered by a court
of competent jurisdiction.
(b) Criminal possession of a pistol or revolver is a class C felony, for
which two years of the sentence imposed may not be suspended or
reduced by the court, and five thousand dollars of the fine imposed
may not be remitted or reduced by the court unless the court states on
the record its reasons for remitting or reducing such fine.
Sec. 7. (NEW) (Effective July 1, 2019) (a) Not later than January 1,
2020, the Police Officer Standards and Training Council, established
under section 7-294b of the general statutes, the Department of
Correction and the Commission on Fire Prevention and Control shall
develop and promulgate a model critical incident and peer support Substitute Senate Bill No. 164
Public Act No. 19-17 13 of 15
policy to support the mental health care and wellness of police officers,
as defined in section 7-294a of the general statutes, parole officers, as
defined in section 2 of this act, and firefighters, as defined in section 2
of this act.
(b) Not later than July 1, 2020, each law enforcement unit as defined
in section 7-294a of the general statutes, the Department of Correction
as employer of parole officers, each municipal or state paid or
volunteer fire department and each municipal entity employing a fire
marshal, deputy fire marshal, fire investigator, fire inspector or other
class of investigator or inspector for whom the State Fire Marshal and
the Codes and Standards Committee, acting jointly, have adopted
minimum standards of qualification pursuant to section 29-298 of the
general statutes, shall (1) adopt and maintain a written policy that
meets or exceeds the standards of the model policy developed
pursuant to subsection (a) of this section; (2) make peer support
available to such officers and firefighters; and (3) refer an officer or
firefighter, as appropriate, seeking mental health care services to a
mental health professional, as defined in section 2 of this act.
Sec. 8. (NEW) (Effective July 1, 2019) Each police basic training
program conducted or administered by the Division of State Police
within the Department of Emergency Services and Public Protection,
the Police Officer Standards and Training Council established under
section 7-294b of the general statutes or a municipal police department
in this state shall provide, in consultation with the Department of
Mental Health and Addiction Services, resilience and self-care
technique training for any individual who begins basic training as a
police officer, as defined in section 7-294a of the general statutes, on or
after January 1, 2020.
Sec. 9. (NEW) (Effective July 1, 2019) In consultation with the
Department of Mental Health and Addiction Services, the Department
of Correction shall provide resilience and self-care technique training Substitute Senate Bill No. 164
Public Act No. 19-17 14 of 15
for each parole officer, as defined in section 2 of this act, hired on or
after January 1, 2020.
Sec. 10. (NEW) (Effective July 1, 2019) In consultation with the
Department of Mental Health and Addiction Services, the Commission
on Fire Prevention and Control, the State Fire Marshal and the Codes
and Standards Committee and any other state or municipal entity
providing training to a firefighter, as defined in section 2 of this act,
shall provide resilience and self-care technique training for any
individual who begins initial training as a firefighter on or after
January 1, 2020.
Sec. 11. (Effective July 1, 2019) Not later than February 1, 2020, the
joint standing committee of the General Assembly having cognizance
of matters relating to labor and public employees shall complete an
examination of the feasibility of expanding the availability of benefits
for post-traumatic stress disorder pursuant to section 2 of this act to
emergency medical services personnel, as defined in section 20-206jj of
the general statutes, and Department of Correction employees who are
not otherwise eligible for benefits pursuant to section 2 of this act. In
conducting such examination the committee shall consult with
representatives of the Workers' Compensation Commission, workers'
compensation claimants, employers, insurers and municipalities and
may consult with other individuals the committee deems appropriate.
If the committee determines it is feasible to expand the benefits
available under section 2 of this act during the next legislative session,
said committee shall originate a bill making emergency medical
services personnel and Department of Correction employees eligible
for such benefits based on the criteria described in section 2 of this act
and based on any qualifying event, as defined in section 2 of this act,
occurring on or after July 1, 2019.
Sec. 12. Section 2 of substitute senate bill 921 of the current session is
repealed. (Effective June 30, 2019) Substitute Senate Bill No. 164
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