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General Assembly Bill No. 6004
July Special Session, 2020
LCO No. 3700
Referred to Committee on No Committee
Introduced by:
REP. ARESIMOWICZ, 30
th
Dist.
SEN. LOONEY, 11
th
Dist.
REP. RITTER M., 1
st
Dist.
SEN. DUFF, 25
th
Dist.
AN ACT CONCERNING PO LICE ACCOUNTABILITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 29-4 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) On and after June 15, 2012, and until July 1, 2013, the 4
Commissioner of Emergency Services and Public Protection shall 5
appoint and maintain a sufficient number of sworn state police 6
personnel to efficiently maintain the operation of the Division of State 7
Police as determined by the commissioner in the commissioner's 8
judgment. On and after July 1, 2013, the commissioner shall appoint and 9
maintain a sufficient number of sworn state police personnel to 10
efficiently maintain the operation of the division as determined by the 11
commissioner in accordance with the recommended standards 12
developed pursuant to subsection (f) of this section. Any sworn state 13
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police personnel appointed by the commissioner on or after the effective 14
date of this section, shall be certified by the Police Officer Standards and 15
Training Council under section 7-294d within one year of appointment. 16
Sec. 2. Section 29-3a of the general statutes is repealed and the 17
following is substituted in lieu thereof (Effective from passage): 18
After graduation from the State Police Training Academy, and before 19
becoming a sworn member of the Division of State Police within the 20
Department of Emergency Services and Public Protection, all state 21
police trainees shall have received a high school diploma or an 22
equivalent approved by the state Department of Education and shall 23
have obtained certification from the Police Officer Standards and 24
Training Council within one year of becoming a sworn member of said 25
division. Nothing in this section shall prohibit prospective state police 26
applicants from being admitted to the State Police Training Academy 27
without having received either the high school diploma or equivalent. 28
Sec. 3. Section 7-294d of the general statutes is repealed and the 29
following is substituted in lieu thereof (Effective from passage): 30
(a) The Police Officer Standards and Training Council shall have the 31
following powers: 32
(1) To develop and periodically update and revise [a] comprehensive 33
state and municipal police training [plan] plans; 34
(2) To approve, or revoke the approval of, any state or municipal 35
police training school and to issue certification to such schools and to 36
revoke such certification; 37
(3) To set the minimum courses of study and attendance required and 38
the equipment and facilities to be required of approved state and 39
municipal police training schools; 40
(4) To set the minimum qualifications for law enforcement instructors 41
and to issue appropriate certification to such instructors in the field of 42
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expertise that such instructors will be teaching; 43
(5) To require that all probationary candidates receive the hours of 44
basic training deemed necessary before being eligible for certification, 45
such basic training to be completed within one year following the 46
appointment as a probationary candidate, unless the candidate is 47
granted additional time to complete such basic training by the council; 48
(6) To require the registration of probationary candidates with the 49
academy within ten days of hiring for the purpose of scheduling 50
training; 51
(7) To issue appropriate certification to police officers who have 52
satisfactorily completed minimum basic training programs; 53
(8) To require that each police officer satisfactorily complete at least 54
forty hours of certified review training every three years in order to 55
maintain certification, unless the officer is granted additional time not 56
to exceed one year to complete such training by the council; 57
(9) To develop an interactive electronic computer platform capable of 58
administering training courses and to authorize police officers to 59
complete certified review training at a local police department facility 60
by means of such platform; 61
(10) To renew the certification of those police officers who have 62
satisfactorily completed review training programs and submitted to a 63
urinalysis drug test that screens for controlled substances, including, 64
but not limited to, anabolic steroids, the result of which indicated no 65
presence of any controlled substance not prescribed for the officer; 66
(11) To establish, in consultation with the Commissioner of 67
Emergency Services and Public Protection, uniform minimum 68
educational and training standards for employment as a police officer 69
in full-time positions, temporary or probationary positions and part-70
time or voluntary positions; 71
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(12) To develop, in consultation with the Commissioner of 72
Emergency Services and Public Protection, a schedule to visit and 73
inspect police basic training schools and to inspect each school at least 74
once each year; 75
(13) To consult with and cooperate with universities, colleges and 76
institutes for the development of specialized courses of study for police 77
officers in police science and police administration; 78
(14) To work with the Commissioner of Emergency Services and 79
Public Protection and with departments and agencies of this state and 80
other states and the federal government concerned with police training; 81
(15) To make recommendations to the Commissioner of Emergency 82
Services and Public Protection concerning a training academy 83
administrator, who shall be appointed by the commissioner, and 84
concerning the hiring of staff, within available appropriations, that may 85
be necessary in the performance of its functions; 86
(16) To perform any other acts that may be necessary and appropriate 87
to carry out the functions of the council as set forth in sections 7-294a to 88
7-294e, inclusive; 89
(17) To accept, with the approval of the Commissioner of Emergency 90
Services and Public Protection, contributions, grants, gifts, donations, 91
services or other financial assistance from any governmental unit, public 92
agency or the private sector; 93
(18) To conduct any inspection and evaluation that may be necessary 94
to determine if a law enforcement unit is complying with the provisions 95
of this section; 96
(19) At the request and expense of any law enforcement unit, to 97
conduct general or specific management surveys; 98
(20) To develop objective and uniform criteria for recommending any 99
waiver of regulations or granting a waiver of procedures established by 100
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the council; 101
(21) To recruit, select and appoint candidates to the position of 102
municipal probationary candidate [, as defined in section 7-294a,] and 103
provide recruit training for candidates of the Connecticut Police Corps 104
program in accordance with the Police Corps Act, 42 USC 14091 et seq., 105
as amended from time to time; 106
(22) [To] (A) Until December 31, 2024, to develop, adopt and revise, 107
as necessary, comprehensive accreditation standards for the 108
administration and management of law enforcement units, to grant 109
accreditation to those law enforcement units that demonstrate their 110
compliance with such standards and, at the request and expense of any 111
law enforcement unit, to conduct such surveys as may be necessary to 112
determine such unit's compliance with such standards; and (B) on and 113
after January 1, 2025, to work with any law enforcement unit that has 114
failed to obtain or maintain accreditation from the Commission on 115
Accreditation for Law Enforcement Agencies, Inc., pursuant to section 116
7-294ee; 117
(23) To recommend to the commissioner the appointment of any 118
council training instructor, or such other person as determined by the 119
council, to act as a special police officer throughout the state as such 120
instructor or other person's official duties may require, provided any 121
such instructor or other person so appointed shall be a certified police 122
officer. Each such special police officer shall be sworn and may arrest 123
and present before a competent authority any person for any offense 124
committed within the officer's precinct; [.] and 125
(24) To develop and implement written policies, on or before January 126
1, 2021, in consultation with the Commissioner of Emergency Services 127
and Public Protection concerning the requirements that all police 128
officers undergo periodic behavioral health assessments as set forth in 129
section 16 of this act. Such written policies shall, at a minimum, address 130
(A) the confidentiality of such assessments, including, but not limited 131
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to, compliance with all provisions of the Health Insurance Portability 132
and Accountability Act of 1996, P.L. 104-191, as amended from time to 133
time, (B) the good faith reasons that the administrative head of a law 134
enforcement unit, as defined in section 16 of this act, may rely upon 135
when requesting that a police officer undergo an additional assessment, 136
(C) the availability of behavioral health treatment services that will be 137
afforded to any police officer required to undergo a behavioral health 138
assessment pursuant to section 16 of this act, (D) the ability of a police 139
officer to review and contest the results of any such assessment, (E) 140
permissible personnel actions, if any, that may be taken by a law 141
enforcement unit based on the results of such assessments while taking 142
into consideration the due process rights of a police officer, (F) the 143
process for selecting psychiatrists and psychologists to conduct such 144
assessments, and (G) financial considerations that may be incurred by 145
law enforcement units or police officers that are attributable to 146
conducting such assessments. 147
(b) No person may be employed as a police officer by any law 148
enforcement unit for a period exceeding one year unless such person 149
has been certified under the provisions of subsection (a) of this section 150
or has been granted an extension by the council. No person may serve 151
as a police officer during any period when such person's certification 152
has been cancelled or revoked pursuant to the provisions of subsection 153
(c) of this section. In addition to the requirements of this subsection, the 154
council may establish other qualifications for the employment of police 155
officers and require evidence of fulfillment of these qualifications. The 156
certification of any police officer who is not employed by a law 157
enforcement unit for a period of time in excess of two years, unless such 158
officer is on leave of absence, shall be considered lapsed. Upon 159
reemployment as a police officer, such officer shall apply for 160
recertification in a manner provided by the council, provided such 161
recertification process requires the police officer to submit to a urinalysis 162
drug test that screens for controlled substances, including, but not 163
limited to, anabolic steroids, and receive a result indicating no presence 164
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of any controlled substance not prescribed for the officer. The council 165
shall certify any applicant who presents evidence of satisfactory 166
completion of a program or course of instruction in another state or, if 167
the applicant is a veteran or a member of the armed forces or the 168
National Guard, as part of training during service in the armed forces, 169
that is equivalent in content and quality to that required in this state, 170
provided such applicant passes an examination or evaluation as 171
required by the council. For the purposes of this section, "veteran" 172
means any person who was discharged or released under conditions 173
other than dishonorable from active service in the armed forces and 174
"armed forces" has the same meaning as provided in section 27-103. 175
(c) (1) The council may refuse to renew any certificate if the holder 176
fails to meet the requirements for renewal of his or her certification. 177
(2) The council may cancel or revoke any certificate if: (A) The 178
certificate was issued by administrative error, (B) the certificate was 179
obtained through misrepresentation or fraud, (C) the holder falsified 180
any document in order to obtain or renew any certificate, (D) the holder 181
has been convicted of a felony, (E) the holder has been found not guilty 182
of a felony by reason of mental disease or defect pursuant to section 53a-183
13, (F) the holder has been convicted of a violation of section 21a-279, 184
(G) the holder has been refused issuance of a certificate or similar 185
authorization or has had his or her certificate or other authorization 186
cancelled or revoked by another jurisdiction on grounds which would 187
authorize cancellation or revocation under the provisions of this 188
subdivision, (H) the holder has been found by a law enforcement unit, 189
pursuant to procedures established by such unit, to have used a firearm 190
in an improper manner which resulted in the death or serious physical 191
injury of another person, (I) the holder has been found by a law 192
enforcement unit, pursuant to procedures established by such unit and 193
considering guidance developed under subsection (g) of this section, to 194
have engaged in conduct that undermines public confidence in law 195
enforcement, including, but not limited to, discriminatory conduct, 196
falsification of reports or a violation of the Alvin W. Penn Racial 197
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Profiling Prohibition Act pursuant to sections 54-1l and 54-1m, 198
provided, when evaluating any such conduct, the council considers 199
such conduct engaged in while the holder is acting in such holder's law 200
enforcement capacity or representing himself or herself to be a police 201
officer to be more serious than such conduct engaged in by a holder not 202
acting in such holder's law enforcement capacity or representing himself 203
or herself to be a police officer; (J) the holder has been found by a law 204
enforcement unit, pursuant to procedures established by such unit, to 205
have used physical force on another person in a manner that is excessive 206
or used physical force in a manner found to not be justifiable after an 207
investigation conducted pursuant to section 51-277a, or [(I)] (K) the 208
holder has been found by a law enforcement unit, pursuant to 209
procedures established by such unit, to have committed any act that 210
would constitute tampering with or fabricating physical evidence in 211
violation of section 53a-155, perjury in violation of section 53a-156 or 212
false statement in violation of section 53a-157b. Whenever the council 213
believes there is a reasonable basis for suspension, cancellation or 214
revocation of the certification of a police officer, police training school 215
or law enforcement instructor, it shall give notice and an adequate 216
opportunity for a hearing prior to such suspension, cancellation or 217
revocation. Such hearing shall be conducted in accordance with the 218
provisions of chapter 54. Any holder aggrieved by the decision of the 219
council may appeal from such decision in accordance with the 220
provisions of section 4-183. The council may cancel or revoke any 221
certificate if, after a de novo review, it finds by clear and convincing 222
evidence (i) a basis set forth in subparagraphs (A) to (G), inclusive, of 223
this subdivision, or (ii) that the holder of the certificate committed an act 224
set forth in subparagraph (H), [or (I)] (I), (J) or (K) of this subdivision. In 225
any such case where the council finds such evidence, but determines 226
that the severity of an act committed by the holder of the certificate does 227
not warrant cancellation or revocation of such holder's certificate, the 228
council may suspend such holder's certification for a period of up to 229
forty-five days and may censure such holder of the certificate. Any 230
police officer or law enforcement instructor whose certification is 231
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cancelled or revoked pursuant to this section may reapply for 232
certification no sooner than two years after the date on which the 233
cancellation or revocation order becomes final. Any police training 234
school whose certification is cancelled or revoked pursuant to this 235
section may reapply for certification at any time after the date on which 236
such order becomes final. 237
(d) Notwithstanding the provisions of subsection (b) of this section, 238
(1) any police officer, except a probationary candidate, who is serving 239
under full-time appointment on July 1, 1982, and (2) any sworn member 240
of the Division of State Police within the Department of Emergency 241
Services and Public Protection, except a probationary candidate, who is 242
serving under full-time appointment on the effective date of this section, 243
shall be deemed to have met all certification requirements and shall be 244
automatically certified by the council in accordance with the provisions 245
of subsection (a) of section 7-294e. 246
(e) The provisions of this section shall apply to any person who 247
performs police functions. As used in this subsection, "performs police 248
functions" for a person who is not a police officer, as defined in section 249
7-294a, means that in the course of such person's official duties, such 250
person carries a firearm and exercises arrest powers pursuant to section 251
54-1f or engages in the prevention, detection or investigation of crime, 252
as defined in section 53a-24. The council shall establish criteria by which 253
the certification process required by this section shall apply to police 254
officers. 255
(f) The provisions of this section shall not apply to (1) [any state police 256
training school or program, (2) any sworn member of the Division of 257
State Police within the Department of Emergency Services and Public 258
Protection, (3)] Connecticut National Guard security personnel, when 259
acting within the scope of their National Guard duties, who have 260
satisfactorily completed a program of police training conducted by the 261
United States Army or Air Force, [(4)] (2) employees of the Judicial 262
Department, [(5)] (3) municipal animal control officers appointed 263
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pursuant to section 22-331, or [(6)] (4) fire police appointed pursuant to 264
section 7-313a. The provisions of this section with respect to renewal of 265
certification upon satisfactory completion of review training programs 266
shall not apply to any chief inspector or inspector in the Division of 267
Criminal Justice who has satisfactorily completed a program of police 268
training conducted by the division. Notwithstanding the provisions of 269
subsection (b) of this section, any police officer certified in accordance 270
with subsection (a) of this section may accept employment with another 271
police department within this state without repeating minimum basic 272
training. 273
(g) The council may develop and issue written guidance to law 274
enforcement units concerning grounds for suspension, cancellation or 275
revocation of certification. Such written guidance may include, but not 276
be limited to, (1) reporting procedures to be followed by chief law 277
enforcement officers for certificate suspension, cancellation or 278
revocation, (2) examples of conduct that undermines public confidence 279
in law enforcement, (3) examples of discriminatory conduct, and (4) 280
examples of misconduct while the certificate holder may not be acting 281
in such holder's law enforcement capacity or representing himself or 282
herself to be a police officer, but may be serious enough for suspension, 283
cancellation or revocation of the holder's certificate. Such written 284
guidance shall be available on the council's Internet web site. 285
Sec. 4. Section 7-294e of the general statutes is repealed and the 286
following is substituted in lieu thereof (Effective from passage): 287
(a) Notwithstanding the provisions of any general statute or special 288
act or local law, ordinance or charter to the contrary, each police officer 289
shall forfeit such officer's appointment and position unless recertified 290
by the council according to procedures and within the time frame 291
established by the council. Any sworn member of the Division of State 292
Police within the Department of Emergency Services and Public 293
Protection who is deemed certified under subsection (d) of section 7-294
294d is required to apply for recertification by the council within the 295
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time frame established by the council, unless such member retires from 296
said division within such time frame. 297
(b) The Police Officer Standards and Training Council may 298
recommend to the Commissioner of Emergency Services and Public 299
Protection any regulations it deems necessary to carry out the 300
provisions of section 7-294a, subsection (a) of section 7-294b, sections 7-301
294c and 7-294d and this section, giving due consideration to the 302
varying factors and special requirements of law enforcement units. 303
(c) The Commissioner of Emergency Services and Public Protection 304
may adopt regulations, in accordance with the provisions of chapter 54, 305
as are necessary to implement the provisions of section 7-294a, 306
subsection (a) of section 7-294b, sections 7-294c and 7-294d and this 307
section. Such regulations shall be binding upon all law enforcement 308
units. [, except the Division of State Police within the Department of 309
Emergency Services and Public Protection.] 310
Sec. 5. (NEW) (Effective from passage) (a) As used in this section, "police 311
officer" has the same meaning as provided in section 7-294a of the 312
general statutes. 313
(b) The Police Officer Standards and Training Council, in 314
consultation with the Commissioner of Emergency Services and Public 315
Protection, the Chief State's Attorney, the Connecticut Police Chiefs 316
Association and the Connecticut Coalition of Police and Correctional 317
Officers, shall adopt, in accordance with the provisions of chapter 54 of 318
the general statutes, a uniform, state-wide policy for managing crowds 319
by police officers. Such policy shall include a definition of the term 320
"crowd" and reflect factors that affect the management of crowds by 321
police officers, including, but not limited to, the size of the crowd, the 322
location where a crowd has gathered, the time of day when a crowd has 323
gathered and the purpose for any such gathering. In addition, the policy 324
shall establish guidelines for managing crowds in a manner that: (1) 325
Protects individual rights and preserves the peace during 326
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demonstrations and civil disturbances, (2) addresses the permissible 327
and impermissible uses of force by a police officer and the type and 328
amount of training in crowd management that each police officer shall 329
undergo, and (3) sets forth the documentation required following any 330
physical confrontation between a police officer and a civilian during a 331
crowd management incident. 332
(c) The Police Officer Standards and Training Council, in consultation 333
with the Commissioner of Emergency Services and Public Protection, 334
the Chief State's Attorney, the Connecticut Police Chiefs Association 335
and the Connecticut Coalition of Police and Correctional Officers, shall 336
(1) not later than December 1, 2020, post on the eRegulations System, 337
established pursuant to section 4-173b of the general statutes, a notice of 338
intent to adopt regulations setting forth the crowd management policy 339
adopted pursuant to subsection (b) of this section in accordance with the 340
provisions of chapter 54 of the general statutes, and (2) at least once 341
during each five-year period thereafter, amend such regulations to 342
update such policy. 343
(d) On and after the date the crowd management policy is adopted in 344
regulations pursuant to subsection (b) of this section, (1) the chief of 345
police or Commissioner of Emergency Services and Public Protection, 346
as the case may be, shall inform each officer within such chief's or said 347
commissioner's department and each officer responsible for law 348
enforcement in a municipality in which there is no organized police 349
department of the existence of the crowd management policy to be 350
employed by any such officer and shall take whatever measures are 351
necessary to ensure that each such officer understands the crowd 352
management policy established under this section, and (2) each police 353
basic or review training program conducted or administered by the 354
Division of State Police within the Department of Emergency Services 355
and Public Protection, the Police Officer Standards and Training 356
Council or a municipal police department shall include training in such 357
policy. 358
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Sec. 6. Section 29-8 of the general statutes is repealed and the 359
following is substituted in lieu thereof (Effective from passage): 360
In case of riot or civil commotion in any part of the state, the Division 361
of State Police within the Department of Emergency Services and Public 362
Protection, on order of the Governor, shall use its best efforts to suppress 363
the same. In the event of such participation by the Division of State 364
Police in the suppression of any riot or similar disorder, the same 365
immunities and privileges as apply to the organized militia shall apply 366
to the members of said division, provided, after the crowd management 367
policy has been adopted as a regulation under section 5 of this act, any 368
such member is in substantial compliance with such policy. 369
Sec. 7. Section 7-294s of the general statutes is repealed and the 370
following is substituted in lieu thereof (Effective from passage): 371
Each police basic or review training program conducted or 372
administered by the Division of State Police within the Department of 373
Emergency Services and Public Protection, the Police Officer Standards 374
and Training Council established under section 7-294b or a municipal 375
police department in the state shall include tactical training for police 376
officers regarding the use of physical force, training in the use of body-377
worn recording equipment and the retention of data created by such 378
equipment, and cultural competency and sensitivity and bias-free 379
policing training, including, but not limited to, implicit bias training. As 380
used in this section, "implicit bias training" means training on how to 381
recognize and mitigate unconscious biases against a particular segment 382
of the population that might influence a police officer's judgments and 383
decisions when interacting with a member of such segment of the 384
population. 385
Sec. 8. Subsection (e) of section 5-278 of the general statutes is 386
repealed and the following is substituted in lieu thereof (Effective from 387
passage): 388
(e) [Where] (1) Except as provided in subdivision (2) of this 389
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subsection, where there is a conflict between any agreement or 390
arbitration award approved in accordance with the provisions of 391
sections 5-270 to 5-280, inclusive, on matters appropriate to collective 392
bargaining, as defined in said sections, and any general statute or special 393
act, or regulations adopted by any state agency, the terms of such 394
agreement or arbitration award shall prevail; provided if participation 395
of any employees in a retirement system is effected by such agreement 396
or arbitration award, the effective date of participation in said system, 397
notwithstanding any contrary provision in such agreement or 398
arbitration award, shall be the first day of the third month following the 399
month in which a certified copy of such agreement or arbitration award 400
is received by the Retirement Commission or such later date as may be 401
specified in the agreement or arbitration award. 402
(2) For any agreement or arbitration award approved before, on or 403
after the effective date of this section, in accordance with the provisions 404
of sections 5-270 to 5-280, inclusive, on matters appropriate to collective 405
bargaining, as defined in said sections, where any provision in such 406
agreement or award pertaining to the disclosure of disciplinary matters 407
or alleged misconduct would prevent the disclosure of documents 408
required to be disclosed under the provisions of the Freedom of 409
Information Act, as defined in section 1-200, the provisions of the 410
Freedom of Information Act shall prevail. The provisions of this 411
subdivision shall not be construed to diminish a bargaining agent's 412
access to information pursuant to state law. 413
Sec. 9. (NEW) (Effective from passage) No collective bargaining 414
agreement or arbitration award entered into before, on or after the 415
effective date of this section, by the state and any collective bargaining 416
unit of the Division of State Police within the Department of Emergency 417
Services and Public Protection may prohibit the disclosure of any 418
disciplinary action based on a violation of the code of ethics contained 419
in the personnel file of a sworn member of said division. 420
Sec. 10. Section 7-291a of the general statutes is repealed and the 421
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following is substituted in lieu thereof (Effective from passage): 422
(a) If a law enforcement unit serves a community with a relatively 423
high concentration of minority residents, the unit shall make efforts to 424
recruit, retain and promote minority police officers so that the racial and 425
ethnic diversity of such unit is representative of such community. Such 426
efforts may include, but are not limited to: (1) Efforts to attract young 427
persons from the community such unit serves to careers in law 428
enforcement through enrollment and participation in police athletic 429
leagues in which police officers support young persons of the 430
community through mentoring, sports, education and by fostering a 431
positive relationship between such persons and police officers, the 432
implementation of explorer programs and cadet units and support for 433
public safety academies; (2) community outreach; and (3) 434
implementation of policies providing that when there is a vacant 435
position in such unit, such position shall be filled by hiring or promoting 436
a minority candidate when the qualifications of such candidate exceed 437
or are equal to that of any other candidate or candidates being 438
considered for such position when such candidates are ranked on a 439
promotion or examination register or list. For purposes of this section, 440
"minority" means an individual whose race is defined as other than 441
white, or whose ethnicity is defined as Hispanic or Latino by the federal 442
Office of Management and Budget for use by the Bureau of Census of 443
the United States Department of Commerce. 444
(b) Not later than January 1, 2021, and annually thereafter, the board 445
of police commissioners, the chief of police, the superintendent of police 446
or other authority having charge of a law enforcement unit that serves a 447
community with a relatively high concentration of minority residents 448
shall report to the Police Officer Standards and Training Council on the 449
community's efforts to recruit, retain and promote minority police 450
officers. 451
Sec. 11. Section 7-294c of the general statutes is repealed and the 452
following is substituted in lieu thereof (Effective from passage): 453
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[The] Not later than January 1, 2021, and annually thereafter, the 454
council shall submit an annual report, in accordance with the provisions 455
of section 11-4a, to the Governor and the joint standing committees of 456
the General Assembly having cognizance of matters relating to the 457
judiciary and public safety which shall include pertinent data regarding 458
(1) the comprehensive municipal police training plan, (2) the 459
recruitment, retention and promotion of minority police officers, and (3) 460
an accounting of all grants, contributions, gifts, donations or other 461
financial assistance. 462
Sec. 12. Section 6 of public act 19-90 is repealed and the following is 463
substituted in lieu thereof (Effective from passage): 464
(a) There is established a task force to study police transparency and 465
accountability. The task force shall examine: (1) Police officer 466
interactions with individuals who are individuals with a mental, 467
intellectual or physical disability; (2) the merits and feasibility of police 468
officers who conduct traffic stops issuing a receipt to each individual 469
being stopped that includes the reason for the stop and records the 470
demographic information of the person being stopped; [and] (3) 471
strategies that can be utilized by communities to increase the 472
recruitment, retention and promotion of minority police officers, as 473
required by section 7-291a of the general statutes; (4) strategies that can 474
be utilized by communities to increase the recruitment, retention and 475
promotion of female police officers; (5) the merits and feasibility of 476
requiring police officers to procure and maintain professional liability 477
insurance as a condition of employment; (6) the merits and feasibility of 478
requiring a municipality to maintain professional liability insurance on 479
behalf of its police officers; (7) the establishment of primary and 480
secondary traffic violations in the general statutes; (8) the establishment 481
of a requirement in the general statutes that any police traffic stop be 482
based on the enforcement of a primary traffic violation; (9) how a police 483
officer executes a warrant to enter a residence without giving audible 484
notice of the police officer's presence, authority and purpose before 485
entering in this state and under the laws of other states, including 486
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verification procedures of the address where the warrant is to be 487
executed and any documentation that a police officer should leave for 488
the residents where the warrant was executed; (10) how a professional 489
bondsman under chapter 533 of the general statutes, a surety bail bond 490
agent under chapter 700f of the general statutes or a bail enforcement 491
agent under sections 29-152f to 29-152i, inclusive, of the general statutes 492
take into custody the principal on a bond who has failed to appear in 493
court and for whom a rearrest warrant or a capias has been issued 494
pursuant to section 54-65a of the general statutes, in this state and other 495
states, including what process of address verification is used and 496
whether any documentation is left with a resident where the warrant 497
was executed; (11) whether any of the grounds for revocation or 498
cancellation of a police officer certification under section 7-294d of the 499
general statutes should result in mandatory revocation by the Police 500
Officer Standards and Training Council, as opposed to discretionary 501
revocation; and (12) any other police officer and transparency and 502
accountability issue the task force deems appropriate. 503
(b) The task force shall consist of the following members: 504
(1) Two appointed by the speaker of the House of Representatives, 505
one of whom is an individual with a mental, intellectual or physical 506
disability; 507
(2) Two appointed by the president pro tempore of the Senate, one of 508
whom is a justice-impacted individual; 509
(3) One appointed by the majority leader of the House of 510
Representatives, who shall be a member of the Black and Puerto Rican 511
Caucus of the General Assembly; 512
(4) One appointed by the majority leader of the Senate, who shall be 513
a member of the Connecticut Police Chiefs Association; 514
(5) Two appointed by the minority leader of the House of 515
Representatives; 516
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(6) Two appointed by the minority leader of the Senate; 517
(7) The undersecretary of the Criminal Justice Policy and Planning 518
Division within the Office of Policy and Management, or the 519
undersecretary's designee, as a nonvoting member; 520
(8) The Commissioner [of the Department] of Emergency Services 521
and Public Protection, or the commissioner's designee, as a nonvoting 522
member; and 523
(9) The Chief State's Attorney, or the Chief State's Attorney designee, 524
as a nonvoting member. 525
(c) Any member of the task force appointed under subdivision (1), 526
(2), (3), (5) or (6) of subsection (b) of this section may be a member of the 527
General Assembly. 528
(d) All appointments to the task force shall be made not later than 529
thirty days after the effective date of this section. Any vacancy shall be 530
filled by the appointing authority. 531
(e) The speaker of the House of Representatives and the president pro 532
tempore of the Senate shall select the chairpersons of the task force from 533
among the members of the task force. Such chairpersons shall schedule 534
the first meeting of the task force, which shall be held not later than sixty 535
days after the effective date of this section. 536
(f) The administrative staff of the joint standing committees of the 537
General Assembly having cognizance of matters relating to the judiciary 538
and public safety shall serve as administrative staff of the task force. 539
(g) Not later than January 1, [2020] 2021, the task force shall submit a 540
preliminary report and not later than December 31, [2020] 2021, a final 541
report on its findings and any recommendations for legislation to the 542
joint standing committees of the General Assembly having cognizance 543
of matters relating to the judiciary and public safety, in accordance with 544
the provisions of section 11-4a of the general statutes. The task force 545
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shall terminate on the date that it submits such report or December 31, 546
[2020] 2021, whichever is later. 547
Sec. 13. Section 7-294b of the general statutes is repealed and the 548
following is substituted in lieu thereof (Effective from passage): 549
(a) There shall be a Police Officer Standards and Training Council 550
which shall be within the Department of Emergency Services and Public 551
Protection. [and which] Until December 31, 2020, the council shall 552
consist of the following members appointed by the Governor: (1) A chief 553
administrative officer of a town or city in Connecticut; (2) the chief 554
elected official or chief executive officer of a town or city in Connecticut 555
with a population under twelve thousand which does not have an 556
organized police department; (3) a member of the faculty of The 557
University of Connecticut; (4) eight members of the Connecticut Police 558
Chiefs Association who are holding office or employed as chief of police 559
or the highest ranking professional police officer of an organized police 560
department of a municipality within the state; (5) the Chief State's 561
Attorney; (6) a sworn municipal police officer whose rank is sergeant or 562
lower; and (7) five public members. [The Commissioner of Emergency 563
Services and Public Protection and the Federal Bureau of Investigation 564
special agent-in-charge in Connecticut or their designees shall be voting 565
ex-officio members of the council. Any nonpublic member of the council 566
shall immediately, upon the termination of such member's holding the 567
office or employment that qualified such member for appointment, 568
cease to be a member of the council. A member appointed to fill a 569
vacancy shall be appointed for the unexpired term of the member whom 570
such member is to succeed in the same manner as the original 571
appointment. The Governor shall appoint a chairperson and the council 572
shall appoint a vice-chairperson and a secretary from among the 573
members. The members of the council shall serve without compensation 574
but shall be entitled to actual expenses involved in the performance of 575
their duties.] 576
(b) On and after January 1, 2021, the council shall consist of the 577
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following members: 578
(1) The chief elected official or chief executive officer of a town or city 579
within the state with a population in excess of fifty thousand, appointed 580
by the Governor; 581
(2) The chief elected official or chief executive officer of a town or city 582
within the state with a population of fifty thousand or less, appointed 583
by the Governor; 584
(3) A member of the faculty of an institution of higher education in 585
the state who has a background in criminal justice studies, appointed by 586
the Governor; 587
(4) A member of the Connecticut Police Chiefs Association who is 588
holding office or employed as the chief of police, the deputy chief of 589
police or a senior ranking professional police officer of an organized 590
police department of a municipality within the state with a population 591
in excess of one hundred thousand, appointed by the Governor; 592
(5) A member of the Connecticut Police Chiefs Association who is 593
holding office or employed as chief of police or the highest ranking 594
professional police officer of an organized police department of a 595
municipality within the state with a population in excess of sixty 596
thousand but not exceeding one hundred thousand, appointed by the 597
Governor; 598
(6) A member of the Connecticut Police Chiefs Association who is 599
holding office or employed as chief of police or the highest ranking 600
professional police officer of an organized police department of a 601
municipality within the state with a population in excess of thirty-five 602
thousand but not exceeding sixty thousand, appointed by the Governor; 603
(7) A sworn municipal police officer from a municipality within the 604
state with a population exceeding fifty thousand, appointed by the 605
Governor; 606
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(8) A sworn municipal police officer from a municipality within the 607
state with a population not exceeding fifty thousand, appointed by the 608
Governor; 609
(9) The commanding officer of the Connecticut State Police Academy; 610
(10) A member of the public, who is a person with a physical 611
disability or an advocate on behalf of persons with physical disabilities, 612
appointed by the Governor; 613
(11) A victim of crime or the immediate family member of a deceased 614
victim of crime, appointed by the Governor; 615
(12) A medical professional, appointed by the Governor; 616
(13) The Chief State's Attorney; 617
(14) A member of the Connecticut Police Chiefs Association or the 618
person holding office or employed as chief of police or the highest 619
ranking professional police officer of an organized police department 620
within the state, appointed by the speaker of the House of 621
Representatives; 622
(15) A member of the Connecticut Police Chiefs Association or the 623
person holding office or employed as chief of police or the highest 624
ranking professional police officer of an organized police department 625
within the state, appointed by the president pro tempore of the Senate; 626
(16) A member of the Connecticut Police Chiefs Association who is 627
holding office or employed as chief of police or the highest ranking 628
professional police officer of an organized police department of a 629
municipality within the state with a population not exceeding thirty-five 630
thousand, appointed by the minority leader of the Senate; 631
(17) A member of the public who is a justice-impacted person, 632
appointed by the majority leader of the House of Representatives; 633
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(18) A member of the public who is a justice-impacted person, 634
appointed by the majority leader of the Senate; and 635
(19) A member of the public who is a person with a mental disability 636
or an advocate on behalf of persons with mental disabilities, appointed 637
by the minority leader of the House of Representatives. 638
(c) The Commissioner of Emergency Services and Public Protection 639
and the Federal Bureau of Investigation special agent-in-charge in 640
Connecticut or their designees shall be voting ex-officio members of the 641
council. Any member who fails to attend three consecutive meetings or 642
who fails to attend fifty per cent of all meetings held during any 643
calendar year shall be deemed to have resigned from the council. Any 644
nonpublic member of the council shall immediately, upon the 645
termination of such member's holding the office or employment that 646
qualified such member for appointment, cease to be a member of the 647
council. Any vacancy shall be filled by the appointing authority. A 648
member appointed to fill a vacancy shall be appointed for the unexpired 649
term of the member whom such member is to succeed in the same 650
manner as the original appointment. The Governor shall appoint a 651
chairperson and the council shall appoint a vice-chairperson and a 652
secretary from among the members. 653
[(b)] (d) Membership on the council shall not constitute holding a 654
public office. No member of the council shall be disqualified from 655
holding any public office or employment by reason of his appointment 656
to or membership on the council nor shall any member forfeit any such 657
office or employment by reason of his appointment to the council, 658
notwithstanding the provisions of any general statute, special act or 659
local law, ordinance or charter. 660
Sec. 14. (NEW) (Effective from passage) (a) Except as specified in the 661
model policy adopted and promulgated pursuant to the provisions of 662
subsection (b) of this section, on and after January 1, 2021, any police 663
officer, as defined in section 7-294a of the general statutes, who is 664
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authorized to make arrests or who is otherwise required to have daily 665
interactions with members of the public, shall be required to affix and 666
prominently display on the outer-most garment of such officer's 667
uniform the badge and name tag that has been issued to such officer by 668
the law enforcement unit, as defined in section 7-294a of the general 669
statutes, that employs such officer. 670
(b) Not later than December 31, 2020, the Commissioner of 671
Emergency Services and Public Protection and the Police Officer 672
Standards and Training Council shall jointly develop and promulgate a 673
model policy to implement the provisions of subsection (a) of this 674
section. Such model policy shall include, but not be limited to, the time, 675
place and manner for ensuring compliance with the provisions of 676
subsection (a) of this section. Such model policy may include specified 677
instances when compliance with the provisions of subsection (a) of this 678
section shall not be required due to public safety-related considerations 679
or other practical considerations, including, but not limited to, the 680
sensitive nature of a police investigation or a police officer's 681
involvement in an undercover assignment. 682
Sec. 15. Section 7-294a of the general statutes is repealed and the 683
following is substituted in lieu thereof (Effective from passage): 684
As used in this section, [and] sections 7-294b to 7-294e, inclusive, and 685
section 16 of this act: 686
(1) "Academy" means the Connecticut Police Academy; 687
(2) "Applicant" means a prospective police officer who has not 688
commenced employment or service with a law enforcement unit; 689
(3) "Basic training" means the minimum basic law enforcement 690
training received by a police officer at the academy or at any other 691
certified law enforcement training academy; 692
(4) "Certification" means the issuance by the Police Officer Standards 693
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and Training Council to a police officer, police training school or law 694
enforcement instructor of a signed instrument evidencing satisfaction of 695
the certification requirements imposed by section 7-294d, and signed by 696
the council; 697
(5) "Council" means the Police Officer Standards and Training 698
Council; 699
(6) "Governor" includes any person performing the functions of the 700
Governor by authority of the law of this state; 701
(7) "Review training" means training received after minimum basic 702
law enforcement training; 703
(8) "Law enforcement unit" means any agency [, organ] or department 704
of this state or a subdivision or municipality thereof, or, if created and 705
governed by a memorandum of agreement under section 47-65c, of the 706
Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of 707
Connecticut, whose primary functions include the enforcement of 708
criminal or traffic laws, the preservation of public order, the protection 709
of life and property, or the prevention, detection or investigation of 710
crime; 711
(9) "Police officer" means a sworn member of an organized local 712
police department or of the Division of State Police within the 713
Department of Emergency Services and Public Protection, an appointed 714
constable who performs criminal law enforcement duties, a special 715
policeman appointed under section 29-18, 29-18a or 29-19 or any 716
member of a law enforcement unit who performs police duties; 717
(10) "Probationary candidate" means a police officer who, having 718
satisfied preemployment requirements, has commenced employment 719
with a law enforcement unit but who has not satisfied the training 720
requirements provided for in section 7-294d; and 721
(11) "School" means any school, college, university, academy or 722
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training program approved by the council which offers law enforcement 723
training and includes a combination of a course curriculum, instructors 724
and facilities. 725
Sec. 16. (NEW) (Effective from passage) (a) As used in this section: (1) 726
"Administrative head of each law enforcement unit" means the 727
Commissioner of Emergency Services and Public Protection, the board 728
of police commissioners, the chief of police, superintendent of police or 729
other authority having charge of a law enforcement unit; and (2) 730
"behavioral health assessment" means a behavioral health assessment of 731
a police officer conducted by a board-certified psychiatrist or 732
psychologist licensed pursuant to the provisions of chapter 383 of the 733
general statutes, who has experience diagnosing and treating post-734
traumatic stress disorder. 735
(b) On and after January 1, 2021, the administrative head of each law 736
enforcement unit shall require each police officer employed by such law 737
enforcement unit to submit, as a condition of continued employment, to 738
a periodic behavioral health assessment. Each police officer employed 739
by a law enforcement unit shall submit to a periodic behavioral health 740
assessment not less than once every five years. In carrying out the 741
provisions of this section, the administrative head of each law 742
enforcement unit may stagger the scheduling of such behavioral health 743
assessments in a manner that results in approximately twenty per cent 744
of the total number of police officers in the law enforcement unit 745
receiving behavioral health assessments each year over a five-year 746
period. Notwithstanding the provisions of this subsection, the 747
administrative head of a law enforcement unit may waive the 748
requirement that a police officer submit to a periodic behavioral health 749
assessment when the police officer has submitted written notification of 750
his or her decision to retire from the law enforcement unit to such 751
administrative head, provided the effective date of such retirement is 752
not more than six months beyond the date on which such periodic 753
behavioral health assessment is scheduled to occur. 754
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(c) In addition to the behavioral health assessments required 755
pursuant to subsection (b) of this section, the administrative head of 756
each law enforcement unit may, for good cause shown, require a police 757
officer to submit to an additional behavioral health assessment. The 758
administrative head of a law enforcement unit requiring that a police 759
officer submit to an additional behavioral health assessment shall 760
provide the police officer with a written statement setting forth the good 761
faith basis for requiring the police officer to submit to an additional 762
behavioral health assessment. Upon receiving such written statement, 763
the police officer shall, not later than thirty days after the date of the 764
written request, submit to such behavioral health assessment. 765
(d) A law enforcement unit that hires any person as a police officer, 766
who was previously employed as a police officer by another law 767
enforcement unit or employed as a police officer in any other 768
jurisdiction, may require such new hire to submit to a behavioral health 769
assessment not later than six months after the date of hire. When 770
determining whether such new hire shall be required to submit to a 771
behavioral health assessment, the law enforcement unit shall give due 772
consideration to factors that include, but are not limited to, the date on 773
which such new hire most recently submitted to a behavioral health 774
assessment. 775
(e) Any person conducting a behavioral health assessment of a police 776
officer pursuant to the provisions of this section shall provide a written 777
copy of the results of such assessment to the police officer and to the 778
administrative head of the law enforcement unit employing the police 779
officer. 780
(f) The results of any behavioral health assessment conducted in 781
accordance with the provisions of this section and any record or note 782
maintained by a psychiatrist or psychologist in connection with the 783
conducting of such assessment shall not be subject to disclosure under 784
section 1-210 of the general statutes. 785
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Sec. 17. (NEW) (Effective from passage) (a) The legislative body of a 786
town may, by ordinance, establish a civilian police review board. The 787
ordinance shall, at a minimum, prescribe: (1) The scope of authority of 788
the civilian police review board; (2) the number of members of the 789
civilian police review board; (3) the process for the selection of board 790
members, whether elected or appointed; (4) the term of office for board 791
members; and (5) the procedure for filling any vacancy in the 792
membership of the civilian police review board. 793
(b) Any civilian police review board established pursuant to 794
subsection (a) of this section may be vested with the authority to: (1) 795
Issue subpoenas to compel the attendance of witnesses before such 796
board; and (2) require the production for examination of any books and 797
papers that such board deems relevant to any matter under 798
investigation or in question. 799
(c) The provisions of this section shall not be construed to affect the 800
operation of, or impose any limitation upon, a civilian police review 801
board established prior to the effective date of this section. 802
(d) Upon receipt of a written request from the Office of the Inspector 803
General, established pursuant to section 33 of this act, a civilian police 804
review board shall stay and take no further action in connection with 805
any proceeding that is the subject of an investigation or criminal 806
prosecution that is being conducted pursuant to said section or section 807
51-277a of the general statutes. Any stay of proceedings imposed 808
pursuant to this subsection shall not exceed six months from the date on 809
which the civilian police review board receives such written request 810
from the Office of the Inspector General, and such stay of proceedings 811
may be terminated sooner if the Office of the Inspector General provides 812
written notification to the civilian police review board that a stay of 813
proceedings is no longer required. 814
Sec. 18. (Effective from passage) Not later than six months after the 815
effective date of this section, the Department of Emergency Services and 816
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Public Protection and each municipal police department shall complete 817
an evaluation of the feasibility and potential impact of the use of social 818
workers by the department for the purpose of remotely responding to 819
calls for assistance, responding in person to such calls or accompanying 820
a police officer on calls where the experience and training of a social 821
worker could provide assistance. Such evaluation shall consider 822
whether responses to certain calls and community interactions could be 823
managed entirely by a social worker or benefit from the assistance of a 824
social worker. Municipal police departments shall additionally consider 825
whether the municipality that the police department serves would 826
benefit from employing, contracting with or otherwise engaging social 827
workers to assist the municipal police department. Municipal police 828
departments may consider the use of mobile crisis teams or 829
implementing a regional approach with other municipalities as part of 830
any process to engage or further engage social workers to assist 831
municipal police departments. The Commissioner of Emergency 832
Services and Public Protection and each municipal police department 833
shall submit such evaluation immediately upon completion to the Police 834
Officer Standards and Training Council established under section 7-835
294b of the general statutes. 836
Sec. 19. Section 29-6d of the 2020 supplement to the general statutes 837
is repealed and the following is substituted in lieu thereof (Effective July 838
1, 2022): 839
(a) For purposes of this section and section 7-277b: 840
[(1) "Law enforcement agency" means the Division of State Police 841
within the Department of Emergency Services and Public Protection, the 842
special police forces established pursuant to section 10a-156b and any 843
municipal police department that supplies any of its sworn members 844
with body-worn recording equipment;] 845
(1) "Law enforcement unit" has the same meaning as "law 846
enforcement unit" in section 7-294a; 847
Bill No.
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(2) "Police officer" means a sworn member of a law enforcement 848
[agency who wears body-worn recording equipment] unit or any 849
member of a law enforcement unit who performs police duties; 850
(3) "Body-worn recording equipment" means an electronic recording 851
device that is capable of recording audio and video; [and] 852
(4) "Dashboard camera" means a dashboard camera with a remote 853
recorder, as defined in section 7-277b; 854
[(4)] (5) "Digital data storage device or service" means a device or 855
service that retains the data from the recordings made by body-worn 856
recording equipment using computer data storage; and 857
(6) "Police patrol vehicle" means any state or local police vehicle other 858
than an administrative vehicle in which an occupant is wearing body-859
worn camera equipment, a bicycle, a motor scooter, an all-terrain 860
vehicle, an electric personal assistive mobility device, as defined in 861
subsection (a) of section 14-289h, or an animal control vehicle. 862
(b) The Commissioner of Emergency Services and Public Protection 863
and the Police Officer Standards and Training Council shall jointly 864
evaluate and approve the minimal technical specifications of body-worn 865
recording equipment that [may] shall be worn by police officers 866
pursuant to this section, dashboard cameras that shall be used in each 867
police patrol vehicle and digital data storage devices or services that 868
[may] shall be used by a law enforcement [agency] unit to retain the data 869
from the recordings made by such equipment. [Not later than January 870
1, 2016, the] The commissioner and council shall make such minimal 871
technical specifications available to each law enforcement [agency] unit 872
in a manner determined by the commissioner and council. The 873
commissioner and council may revise the minimal technical 874
specifications when the commissioner and council determine that 875
revisions to such specifications are necessary. 876
(c) (1) [On and after July 1, 2019, each sworn member of (A) the 877
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Division of State Police within the Department of Emergency Services 878
and Public Protection, (B) the special police forces established pursuant 879
to section 10a-156b, (C) any municipal police department for a 880
municipality that is a recipient of grant-in-aid as reimbursement for 881
body-worn recording equipment pursuant to subparagraph (A), (B) or 882
(D) of subdivision (1) of subsection (b) of section 7-277b or subdivision 883
(2) of said subsection (b), and (D) any municipal police department for 884
any other municipality that is a recipient of grant-in-aid as 885
reimbursement for body-worn recording equipment pursuant to 886
subparagraph (C) of subdivision (1) of said subsection (b) if such sworn 887
member is supplied with such body-worn recording equipment,] Each 888
police officer shall use body-worn recording equipment while 889
interacting with the public in such sworn member's law enforcement 890
capacity, except as provided in subsection (g) of this section, or in the 891
case of a municipal police department, in accordance with the 892
department's policy [, if] adopted by the department and based on 893
guidelines maintained pursuant to subsection (j) of this section, 894
concerning the use of body-worn recording equipment. 895
[(2) Any sworn member of a municipal police department, other than 896
those described in subdivision (1) of this subsection, may use body-897
worn recording equipment as directed by such department, provided 898
the use of such equipment and treatment of data created by such 899
equipment shall be in accordance with the provisions of subdivisions (3) 900
and (4) of this subsection, and subsections (d) to (j), inclusive, of this 901
section.] 902
[(3)] (2) Each police officer shall wear body-worn recording 903
equipment on such officer's outer-most garment and shall position such 904
equipment above the midline of such officer's torso when using such 905
equipment. 906
[(4)] (3) Body-worn recording equipment used pursuant to this 907
section shall conform to the minimal technical specifications approved 908
pursuant to subsection (b) of this section, except that a police officer may 909
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use body-worn recording equipment that does not conform to the 910
minimal technical specifications approved pursuant to subsection (b) of 911
this section, if such equipment was purchased prior to January 1, 2016, 912
by the law enforcement [agency] unit employing such officer. 913
(4) Each law enforcement unit shall require usage of a dashboard 914
camera in each police patrol vehicle used by any police officer employed 915
by such unit in accordance with the unit's policy adopted by the unit 916
and based on guidelines maintained pursuant to subsection (j) of this 917
section, concerning dashboard cameras. 918
(d) Except as required by state or federal law, no person employed by 919
a law enforcement [agency] unit shall edit, erase, copy, share or 920
otherwise alter or distribute in any manner any recording made by 921
body-worn recording equipment or a dashboard camera or the data 922
from such recording. 923
(e) A police officer may review a recording from his or her body-worn 924
recording equipment or a dashboard camera in order to assist such 925
officer with the preparation of a report or otherwise in the performance 926
of his or her duties. 927
(f) If a police officer is giving a formal statement about the use of force 928
or if a police officer is the subject of a disciplinary investigation in which 929
a recording from body-worn recording equipment or a dashboard 930
camera [with a remote recorder, as defined in subsection (c) of section 931
7-277b,] is being considered as part of a review of an incident, the officer 932
shall (1) have the right to review such recording in the presence of the 933
officer's attorney or labor representative, and (2) have the right to review 934
recordings from other body-worn recording equipment capturing the 935
officer's image or voice during the incident. Not later than forty-eight 936
hours following an officer's review of a recording under subdivision (1) 937
of this subsection, or if the officer does not review the recording, not 938
later than ninety-six hours following the recorded incident, whichever 939
is earlier, such recording shall be disclosed, upon request, to the public, 940
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subject to the provisions of subsection (g) of this section. 941
(g) (1) Except as otherwise provided by any agreement between a law 942
enforcement [agency] unit and the federal government, no police officer 943
shall use body-worn recording equipment or a dashboard camera, if 944
applicable, to intentionally record (A) a communication with other law 945
enforcement [agency] unit personnel, except that which may be 946
recorded as the officer performs his or her duties, (B) an encounter with 947
an undercover officer or informant or an officer performing detective 948
work described in guidelines developed pursuant to subsection (j) of 949
this section, (C) when an officer is on break or is otherwise engaged in a 950
personal activity, (D) a person undergoing a medical or psychological 951
evaluation, procedure or treatment, (E) any person other than a suspect 952
to a crime if an officer is wearing such equipment in a hospital or other 953
medical facility setting, or (F) in a mental health facility, unless 954
responding to a call involving a suspect to a crime who is thought to be 955
present in the facility. 956
(2) No record created using body-worn recording equipment or a 957
dashboard camera of (A) an occurrence or situation described in 958
subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, 959
(B) a scene of an incident that involves (i) a victim of domestic or sexual 960
abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an 961
accident, if disclosure could reasonably be expected to constitute an 962
unwarranted invasion of personal privacy in the case of any such victim 963
described in this subparagraph, or (C) a minor, shall be subject to 964
disclosure under the Freedom of Information Act, as defined in section 965
1-200, and any such record shall be confidential, except that a record of 966
a minor shall be disclosed if (i) the minor and the parent or guardian of 967
such minor consent to the disclosure of such record, (ii) a police officer 968
is the subject of an allegation of misconduct made by such minor or the 969
parent or guardian of such minor, and the person representing such 970
officer in an investigation of such alleged misconduct requests 971
disclosure of such record for the sole purpose of preparing a defense to 972
such allegation, or (iii) a person is charged with a crime and defense 973
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counsel for such person requests disclosure of such record for the sole 974
purpose of assisting in such person's defense and the discovery of such 975
record as evidence is otherwise discoverable. 976
(h) No police officer shall use body-worn recording equipment prior 977
to being trained in accordance with section 7-294s in the use of such 978
equipment and in the retention of data created by such equipment. [, 979
except that any police officer using such equipment prior to October 1, 980
2015, may continue to use such equipment prior to such training.] A law 981
enforcement [agency] unit shall ensure that each police officer such 982
[agency] unit employs receives such training at least annually and is 983
trained on the proper care and maintenance of such equipment. 984
(i) If a police officer is aware that any body-worn recording 985
equipment or dashboard camera is lost, damaged or malfunctioning, 986
such officer shall inform such officer's supervisor in writing as soon as 987
is practicable. Upon receiving such information, the supervisor shall 988
ensure that the body-worn recording equipment or dashboard camera 989
is inspected and repaired or replaced, as necessary. Each police officer 990
shall inspect and test body-worn recording equipment prior to each shift 991
to verify proper functioning, and shall notify such officer's supervisor 992
of any problems with such equipment. 993
(j) The Commissioner of Emergency Services and Public Protection 994
and the Police Officer Standards and Training Council shall jointly 995
maintain guidelines pertaining to the use of body-worn recording 996
equipment and dashboard cameras, including the type of detective 997
work an officer might engage in that should not be recorded, retention 998
of data created by such equipment and dashboard cameras and methods 999
for safe and secure storage of such data. The guidelines shall not require 1000
a law enforcement unit to store such data for a period longer than one 1001
year, except in the case where the unit knows the data is pertinent to any 1002
ongoing civil, criminal or administrative matter. Each law enforcement 1003
[agency] unit and any police officer and any other employee of such 1004
[agency] unit who may have access to such data shall adhere to such 1005
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guidelines. The commissioner and council may update and reissue such 1006
guidelines, as the commissioner and council determine necessary. The 1007
commissioner and council shall, upon issuance of such guidelines or any 1008
update to such guidelines, submit such guidelines in accordance with 1009
the provisions of section 11-4a to the joint standing committees of the 1010
General Assembly having cognizance of matters relating to the judiciary 1011
and public safety. 1012
Sec. 20. (NEW) (Effective from passage) (a) The Office of Policy and 1013
Management shall, within available resources, administer a grant 1014
program to provide a grant-in-aid to any municipality approved for 1015
such a grant-in-aid by the office, for the costs associated with (1) the 1016
purchase of body-worn recording equipment for use by the sworn 1017
members of such municipality's police department or for use by 1018
constables, police officers or other persons who perform criminal law 1019
enforcement duties under the supervision of a resident state trooper 1020
serving such municipality, and digital data storage devices or services, 1021
provided such equipment, device or service conforms to the minimal 1022
technical specifications approved pursuant to subsection (b) of section 1023
29-6d of the general statutes, and (2) a first-time purchase by such 1024
municipality of one or more dashboard cameras with a remote recorder 1025
or the replacement by such municipality of one or more dashboard 1026
cameras purchased prior to December 31, 2010, with one or more 1027
dashboard cameras with a remote recorder, provided such dashboard 1028
cameras with a remote recorder conform to the minimal technical 1029
specifications approved pursuant to subsection (b) of section 29-6d of 1030
the general statutes. 1031
(b) Any municipality may apply for a grant-in-aid pursuant to this 1032
section to the Secretary of the Office of Policy and Management on such 1033
form and in such manner as prescribed by the secretary, who may 1034
further prescribe additional technical or procurement requirements as a 1035
condition of receiving such grant-in-aid. 1036
(c) The Office of Policy and Management shall distribute grants-in-1037
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aid pursuant to this section during the fiscal years ending June 30, 2021, 1038
and June 30, 2022. Any such grant-in-aid shall be for up to fifty per cent 1039
of the cost of such purchase of body-worn recording equipment, digital 1040
data storage devices or services or dashboard cameras with a remote 1041
recorder if the municipality is a distressed municipality, as defined in 1042
section 32-9p of the general statutes, or up to thirty per cent of the cost 1043
of such purchase if the municipality is not a distressed municipality, 1044
provided the costs of such digital data storage services covered by a 1045
grant-in-aid shall not be for a period of service that is longer than one 1046
year. 1047
(d) For the purposes of this section, (1) "body-worn recording 1048
equipment" means an electronic recording device that is capable of 1049
recording audio and video; (2) "dashboard camera with a remote 1050
recorder" means a camera that affixes to a dashboard or windshield of a 1051
police vehicle that electronically records video of the view through the 1052
vehicle's windshield and has an electronic audio recorder that may be 1053
operated remotely; and (3) "digital data storage device or service" means 1054
a device or service that retains the data from the recordings made by 1055
body-worn recording equipment using computer data storage. 1056
Sec. 21. (NEW) (Effective October 1, 2020) (a) (1) No law enforcement 1057
official may ask an operator of a motor vehicle to conduct a search of a 1058
motor vehicle or the contents of the motor vehicle that is stopped by a 1059
law enforcement official solely for a motor vehicle violation. 1060
(2) Any search by a law enforcement official of a motor vehicle or the 1061
contents of the motor vehicle that is stopped by a law enforcement 1062
official solely for a motor vehicle violation shall be (A) based on 1063
probable cause, or (B) after having received the unsolicited consent to 1064
such search from the operator of the motor vehicle in written form or 1065
recorded by body-worn recording equipment or a dashboard camera, 1066
each as defined in section 29-6d of the general statutes. 1067
(b) No law enforcement official may ask an operator of a motor 1068
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vehicle to provide any documentation or identification other than an 1069
operator's license, motor vehicle registration, insurance identity card or 1070
other documentation or identification directly related to the stop, when 1071
the motor vehicle has been stopped solely for a motor vehicle violation, 1072
unless there exists probable cause to believe that a felony or 1073
misdemeanor offense has been committed or the operator has failed to 1074
produce a valid operator's license. 1075
Sec. 22. Section 54-33b of the general statutes is repealed and the 1076
following is substituted in lieu thereof (Effective October 1, 2020): 1077
[The officer serving a search warrant may, if such officer] (a) The 1078
consent of a person given to a law enforcement official to conduct a 1079
search of such person shall not, absent the existence of probable cause, 1080
constitute justification for such law enforcement official to conduct such 1081
search. 1082
(b) A law enforcement official serving a search warrant may, if such 1083
official has reason to believe that any of the property described in the 1084
warrant is concealed in the garments of any person in or upon the place 1085
or thing to be searched, search the person for the purpose of seizing the 1086
same. When the person to be searched is a woman, the search shall be 1087
made by a [policewoman] female law enforcement official or other 1088
woman assisting in the service of the warrant, or by a woman 1089
designated by the judge or judge trial referee issuing the warrant. 1090
Sec. 23. (Effective from passage) The Chief State's Attorney shall, in 1091
consultation with the Chief Court Administrator, prepare a plan to have 1092
a prosecutorial official review each charge in any criminal case before 1093
the case is docketed. Not later than January 1, 2021, the Chief State's 1094
Attorney shall submit such plan to the Office of Policy and Management 1095
and, in accordance with the provisions of section 11-4a of the general 1096
statutes, to the joint standing committee of the General Assembly 1097
having cognizance of matters relating to the judiciary. 1098
Sec. 24. Section 53a-180 of the general statutes is repealed and the 1099
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following is substituted in lieu thereof (Effective October 1, 2020): 1100
(a) A person is guilty of falsely reporting an incident in the first 1101
degree when, knowing the information reported, conveyed or 1102
circulated to be false or baseless, such person: (1) Initiates or circulates 1103
a false report or warning of an alleged occurrence or impending 1104
occurrence of a fire, explosion, catastrophe or emergency under 1105
circumstances in which it is likely that public alarm or inconvenience 1106
will result; (2) reports, by word or action, to any official or quasi-official 1107
agency or organization having the function of dealing with emergencies 1108
involving danger to life or property, an alleged occurrence or 1109
impending occurrence of a fire, explosion or other catastrophe or 1110
emergency which did not in fact occur or does not in fact exist; [or] (3) 1111
violates subdivision (1) or (2) of this subsection with intent to cause a 1112
large scale emergency response; or (4) violates subdivision (1), (2) or (3) 1113
of this subsection with specific intent to falsely report another person or 1114
group of persons because of the actual or perceived race, religion, 1115
ethnicity, disability, sex, sexual orientation or gender identity or 1116
expression of such other person or group of persons. For purposes of 1117
this section, "large scale emergency response" means an on-site response 1118
to any such reported incident by five or more first responders, and "first 1119
responder" means any peace officer or firefighter or any ambulance 1120
driver, emergency medical responder, emergency medical technician or 1121
paramedic, as those terms are defined in section 19a-175. 1122
(b) Falsely reporting an incident in the first degree is a (1) class D 1123
felony for a violation of subdivision (1), (2) or (3) of subsection (a) of this 1124
section, or (2) class C felony for a violation of subdivision (4) of 1125
subsection (a) of this section. 1126
(c) In addition to any sentence imposed pursuant to subsection (b) of 1127
this section, if (1) a person is convicted of an offense in violation of 1128
subdivision (3) of subsection (a) of this section that resulted in a large 1129
scale emergency response, (2) any agency or department of the state or 1130
political subdivision of the state requests financial restitution for costs 1131
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associated with such emergency response, and (3) the court finds that 1132
the agency or department of the state or political subdivision of the state 1133
incurred costs associated with such emergency response as a result of 1134
such offense, the court shall order the offender to make financial 1135
restitution under terms that the court determines are appropriate. In 1136
determining the appropriate terms of financial restitution, the court 1137
shall consider: (A) The financial resources of the offender and the 1138
burden restitution will place on other obligations of the offender; (B) the 1139
offender's ability to pay based on installments or other conditions; (C) 1140
the rehabilitative effect on the offender of the payment of restitution and 1141
the method of payment; and (D) other circumstances, including the 1142
financial burden and impact on the agency or department of the state or 1143
political subdivision of the state, that the court determines make the 1144
terms of restitution appropriate. If the court determines that the current 1145
financial resources of the offender or the offender's current ability to pay 1146
based on installments or other conditions are such that no appropriate 1147
terms of restitution can be determined, the court may forego setting 1148
such terms. The court shall articulate its findings on the record with 1149
respect to each of the factors set forth in subparagraphs (A) to (D), 1150
inclusive, of this subsection. Restitution ordered by the court pursuant 1151
to this subsection shall be based on easily ascertainable damages for 1152
actual expenses associated with such emergency response. Restitution 1153
ordered by the court pursuant to this subsection shall be imposed or 1154
directed by a written order of the court containing the amount of actual 1155
expenses associated with such emergency response, as ascertained by 1156
the court. The order of the court shall direct that a certified copy of the 1157
order be delivered by certified mail to the agency or department of the 1158
state or political subdivision of the state. Such order is enforceable in the 1159
same manner as an order pursuant to subsection (c) of section 53a-28. 1160
Sec. 25. Section 53a-180a of the general statutes is repealed and the 1161
following is substituted in lieu thereof (Effective October 1, 2020): 1162
(a) A person is guilty of falsely reporting an incident resulting in 1163
serious physical injury or death when such person commits the crime of 1164
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(1) falsely reporting an incident in the first degree as provided in 1165
subdivision (1), (2) or (3) of subsection (a) of section 53a-180, [or] (2) 1166
falsely reporting an incident in the second degree as provided in 1167
subdivision (1), (2) or (3) of subsection (a) of section 53a-180c, or (3) 1168
falsely reporting an incident in the first degree as provided in 1169
subdivision (4) of subsection (a) of section 53a-180 or falsely reporting 1170
an incident in the second degree as provided in subdivision (4) of 1171
subsection (a) of section 53a-180c, and such false report described in 1172
subdivision (1), (2) or (3) of this subsection results in the serious physical 1173
injury or death of another person. 1174
(b) Falsely reporting an incident resulting in serious physical injury 1175
or death is a (1) class C felony for a violation of subdivision (1) or (2) of 1176
subsection (a) of this section, or (2) class B felony for a violation of 1177
subdivision (3) of subsection (a) of this section. 1178
Sec. 26. Section 53a-180b of the general statutes is repealed and the 1179
following is substituted in lieu thereof (Effective October 1, 2020): 1180
(a) A person is guilty of falsely reporting an incident concerning 1181
serious physical injury or death when such person commits the crime of 1182
falsely reporting an incident in the second degree as provided in (1) 1183
subdivision (1), (2) or (3) of subsection (a) of section 53a-180c, or (2) 1184
subdivision (4) of subsection (a) of section 53a-180c, and such false 1185
report described in subdivision (1) or (2) of this subsection is of the 1186
alleged occurrence or impending occurrence of the serious physical 1187
injury or death of another person. 1188
(b) Falsely reporting an incident concerning serious physical injury 1189
or death is a (1) class D felony for a violation of subdivision (1) of 1190
subsection (a) of this section, or (2) class C felony for a violation of 1191
subdivision (2) of subsection (a) of this section. 1192
Sec. 27. Section 53a-180c of the general statutes is repealed and the 1193
following is substituted in lieu thereof (Effective October 1, 2020): 1194
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(a) A person is guilty of falsely reporting an incident in the second 1195
degree when, knowing the information reported, conveyed or 1196
circulated to be false or baseless, such person gratuitously reports to a 1197
law enforcement officer or agency (1) the alleged occurrence of an 1198
offense or incident which did not in fact occur, (2) an allegedly 1199
impending occurrence of an offense or incident which in fact is not 1200
about to occur, [or] (3) false information relating to an actual offense or 1201
incident or to the alleged implication of some person therein, or (4) 1202
violates subdivision (1), (2) or (3) of this subsection with specific intent 1203
to falsely report another person or group of persons because of the 1204
actual or perceived race, religion, ethnicity, disability, sex, sexual 1205
orientation or gender identity or expression of such other person or 1206
group of persons. 1207
(b) Falsely reporting an incident in the second degree is a (1) class A 1208
misdemeanor for a violation of subdivision (1), (2) or (3) of subsection 1209
(a) of this section, or (2) class E felony for a violation of subdivision (4) 1210
of subsection (a) of this section. 1211
Sec. 28. Section 53a-180d of the general statutes is repealed and the 1212
following is substituted in lieu thereof (Effective October 1, 2020): 1213
(a) A person is guilty of misuse of the emergency 9-1-1 system when 1214
such person (1) dials or otherwise causes E 9-1-1 to be called for the 1215
purpose of making a false alarm or complaint, [or] (2) purposely reports 1216
false information which could result in the dispatch of emergency 1217
services, or (3) violates subdivision (1) or (2) of this subsection with 1218
specific intent to make a false alarm or complaint or report false 1219
information about another person or group of persons because of the 1220
actual or perceived race, religion, ethnicity, disability, sex, sexual 1221
orientation or gender identity or expression of such other person or 1222
group of persons. 1223
(b) Misuse of the emergency 9-1-1 system is a (1) class B misdemeanor 1224
for a violation of subdivision (1) or (2) of subsection (a) of this section, 1225
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or (2) class A misdemeanor for a violation of subdivision (3) of 1226
subsection (a) of this section. 1227
Sec. 29. Section 53a-22 of the 2020 supplement to the general statutes 1228
is repealed and the following is substituted in lieu thereof (Effective April 1229
1, 2021): 1230
(a) (1) For purposes of this section, a reasonable belief that a person 1231
has committed an offense means a reasonable belief in facts or 1232
circumstances which if true would in law constitute an offense. If the 1233
believed facts or circumstances would not in law constitute an offense, 1234
an erroneous though not unreasonable belief that the law is otherwise 1235
does not render justifiable the use of physical force to make an arrest or 1236
to prevent an escape from custody. 1237
(2) A peace officer, special policeman appointed under section 29-18b 1238
or authorized official of the Department of Correction or the Board of 1239
Pardons and Paroles who is effecting an arrest pursuant to a warrant or 1240
preventing an escape from custody is justified in using the physical 1241
force prescribed in subsections (b), (c) and [(c)] (d) of this section unless 1242
such warrant is invalid and is known by such officer to be invalid. 1243
(b) Except as provided in subsection (a) or (d) of this section, a peace 1244
officer, special policeman appointed under section 29-18b or authorized 1245
official of the Department of Correction or the Board of Pardons and 1246
Paroles is justified in using physical force upon another person when 1247
and to the extent that he or she reasonably believes such use to be 1248
necessary to: (1) Effect an arrest or prevent the escape from custody of a 1249
person whom he or she reasonably believes to have committed an 1250
offense, unless he or she knows that the arrest or custody is 1251
unauthorized; or (2) defend himself or herself or a third person from the 1252
use or imminent use of physical force while effecting or attempting to 1253
effect an arrest or while preventing or attempting to prevent an escape. 1254
(c) [A] (1) Except as provided in subsection (d) of this section, a peace 1255
officer, special policeman appointed under section 29-18b or authorized 1256
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official of the Department of Correction or the Board of Pardons and 1257
Paroles is justified in using deadly physical force upon another person 1258
for the purposes specified in subsection (b) of this section only when 1259
[he] his or her actions are objectively reasonable under the 1260
circumstances, and: 1261
(A) He or she reasonably believes such use to be necessary to [: (1) 1262
Defend] defend himself or herself or a third person from the use or 1263
imminent use of deadly physical force; or [(2) (A)] 1264
(B) He or she (i) has exhausted the reasonable alternatives to the use 1265
of deadly physical force, (ii) reasonably believes that the force employed 1266
creates no substantial risk of injury to a third party, and (iii) reasonably 1267
believes such use of force to be necessary to (I) effect an arrest of a person 1268
whom he or she reasonably believes has committed or attempted to 1269
commit a felony which involved the infliction [or threatened infliction] 1270
of serious physical injury, or [(B)] (II) prevent the escape from custody 1271
of a person whom he or she reasonably believes has committed a felony 1272
which involved the infliction [or threatened infliction] of serious 1273
physical injury and if, where feasible under this subdivision, he or she 1274
has given warning of his or her intent to use deadly physical force. 1275
(2) For purposes of evaluating whether actions of a peace officer, 1276
special policeman appointed under section 29-18b or authorized official 1277
of the Department of Correction or the Board of Pardons and Paroles are 1278
reasonable under subdivision (1) of this subsection, factors to be 1279
considered include, but are not limited to, whether (A) the person upon 1280
whom deadly physical force was used possessed or appeared to possess 1281
a deadly weapon, (B) the peace officer, special policeman appointed 1282
under section 29-18b or authorized official of the Department of 1283
Correction or the Board of Pardons and Paroles engaged in reasonable 1284
deescalation measures prior to using deadly physical force, and (C) any 1285
conduct of the peace officer, special policeman appointed under section 1286
29-18b or authorized official of the Department of Correction or the 1287
Board of Pardons and Paroles led to an increased risk of an occurrence 1288
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of the situation that precipitated the use of such force. 1289
(d) A peace officer, special policeman appointed under section 29-18b 1290
or authorized official of the Department of Correction or the Board of 1291
Pardons and Paroles is justified in using a chokehold or other method 1292
of restraint applied to the neck area or that otherwise impedes the ability 1293
to breathe or restricts blood circulation to the brain of another person 1294
for the purposes specified in subsection (b) of this section only when he 1295
or she reasonably believes such use to be necessary to defend himself or 1296
herself from the use or imminent use of deadly physical force. 1297
[(d)] (e) Except as provided in subsection [(e)] (f) of this section, a 1298
person who has been directed by a peace officer, special policeman 1299
appointed under section 29-18b or authorized official of the Department 1300
of Correction or the Board of Pardons and Paroles to assist such peace 1301
officer, special policeman or official to effect an arrest or to prevent an 1302
escape from custody is justified in using reasonable physical force when 1303
and to the extent that he or she reasonably believes such to be necessary 1304
to carry out such peace officer's, special policeman's or official's 1305
direction. 1306
[(e)] (f) A person who has been directed to assist a peace officer, 1307
special policeman appointed under section 29-18b or authorized official 1308
of the Department of Correction or the Board of Pardons and Paroles 1309
under circumstances specified in subsection [(d)] (e) of this section may 1310
use deadly physical force to effect an arrest or to prevent an escape from 1311
custody only when: (1) He or she reasonably believes such use to be 1312
necessary to defend himself or herself or a third person from what he or 1313
she reasonably believes to be the use or imminent use of deadly physical 1314
force; or (2) he or she is directed or authorized by such peace officer, 1315
special policeman or official to use deadly physical force, unless he or 1316
she knows that the peace officer, special policeman or official himself or 1317
herself is not authorized to use deadly physical force under the 1318
circumstances. 1319
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[(f)] (g) A private person acting on his or her own account is justified 1320
in using reasonable physical force upon another person when and to the 1321
extent that he or she reasonably believes such use to be necessary to 1322
effect an arrest or to prevent the escape from custody of an arrested 1323
person whom he or she reasonably believes to have committed an 1324
offense and who in fact has committed such offense; but he or she is not 1325
justified in using deadly physical force in such circumstances, except in 1326
defense of person as prescribed in section 53a-19. 1327
Sec. 30. Section 7-282e of the 2020 supplement to the general statutes 1328
is repealed and the following is substituted in lieu thereof (Effective 1329
October 1, 2020): 1330
(a) (1) Any police officer, as defined in section 7-294a, who while 1331
acting in such officer's law enforcement capacity, witnesses another 1332
police officer use what the witnessing officer objectively knows to be 1333
unreasonable, excessive or illegal use of force, shall intervene and 1334
attempt to stop such other police officer from using such force. Any such 1335
police officer who fails to intervene in such an incident may be 1336
prosecuted and punished for the same acts in accordance with the 1337
provisions of section 53a-8 as the police officer who used unreasonable, 1338
excessive or illegal force. The provisions of this subdivision do not apply 1339
to any witnessing officer who is operating in an undercover capacity at 1340
the time he or she witnesses another officer use unreasonable, excessive 1341
or illegal force. 1342
(2) Any police officer who witnesses another police officer use what 1343
the witnessing officer objectively knows to be unreasonable, excessive 1344
or illegal use of force or is otherwise aware of such use of force by 1345
another police officer shall report, as soon as is practicable, such use of 1346
force to the law enforcement unit, as defined in section 7-294a, that 1347
employs the police officer who used such force. Any police officer 1348
required to report such an incident who fails to do so may be prosecuted 1349
and punished in accordance with the provisions of sections 53a-165 to 1350
53a-167, inclusive. 1351
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(3) No law enforcement unit employing a police officer who 1352
intervenes in an incident pursuant to subdivision (1) of this subsection 1353
or reports an incident pursuant to subdivision (2) of this subsection may 1354
take any retaliatory personnel action or discriminate against such officer 1355
because such police officer made such report and such intervening or 1356
reporting police officer shall be protected by the provisions of section 4-1357
61dd or section 31-51m, as applicable. 1358
[(a)] (b) Each law enforcement unit [, as defined in section 7-294a,] 1359
shall create and maintain a record detailing any incident (1) reported 1360
pursuant to subdivision (2) of subsection (a) of this section, or (2) 1361
otherwise made known to the law enforcement unit during which a 1362
police officer [, as defined in section 7-294a, (1)] (A) uses physical force 1363
that is likely to cause serious physical injury, as defined in section 53a-1364
3, to another person or the death of another person, including, but not 1365
limited to, (i) striking another person with an open or closed hand, 1366
elbow, knee, club or baton, kicking another person, or using pepper 1367
spray, [or an electroshock] an electronic defense weapon, as defined in 1368
section 53a-3, or less lethal projectile on another person, [or] (ii) using a 1369
chokehold or other method of restraint applied to the neck area or that 1370
otherwise impedes the ability to breathe or restricts blood circulation to 1371
the brain of another person, [(2)] or (iii) using any other form of physical 1372
force designated by the Police Officer Standards and Training Council, 1373
(B) discharges a firearm, except during a training exercise or in the 1374
course of dispatching an animal, or [(3)] (C) engages in a pursuit, as 1375
defined in subsection (a) of section 14-283a. Such record shall include, 1376
but not be limited to: The name of the police officer, the time and place 1377
of the incident, a description of what occurred during the incident and, 1378
to the extent known, the names of the victims and witnesses present at 1379
such incident. 1380
[(b)] (c) Not later than February 1, [2020] 2021, and annually 1381
thereafter, each law enforcement unit shall prepare and submit a report 1382
concerning incidents described in subsection [(a)] (b) of this section 1383
during the preceding calendar year to the Criminal Justice Policy and 1384
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Planning Division within the Office of Policy and Management. Such 1385
report shall include [(1) the records described in subsection (a) of this 1386
section, (2) summarized data compiled from such records, and (3)] the 1387
records described in subsection (b) of this section and shall be submitted 1388
electronically using a standardized method and form disseminated 1389
jointly by the Criminal Justice Policy and Planning Division within the 1390
Office of Policy and Management and the Police Officer Standards and 1391
Training Council. The standardized method and form shall allow 1392
compilation of statistics on each use of force incident, including, but not 1393
limited to, [(A)] (1) the race and gender of such person upon whom force 1394
was used, provided the identification of such characteristics shall be 1395
based on the observation and perception of the police officer, [(B)] (2) 1396
the number of times force was used on such person, and [(C)] (3) any 1397
injury suffered by such person against whom force was used. The 1398
Criminal Justice Policy and Planning Division within the Office of Policy 1399
Management and the Police Officer Standards and Training Council 1400
may revise the standardized method and form and disseminate such 1401
revisions to law enforcement units. Each law enforcement unit shall, 1402
prior to submission of any such report pursuant to this subsection, 1403
redact any information from such report that may identify a minor, 1404
witness or victim. 1405
(d) The Office of Policy and Management shall, within available 1406
appropriations, review the use of force incidents reported pursuant to 1407
this section. Not later than December 1, 2021, and annually thereafter, 1408
the office shall report, in accordance with the provisions of section 11-1409
4a, the results of any such review, including any recommendations, to 1410
the Governor, the chairpersons and ranking members of the joint 1411
standing committees of the General Assembly having cognizance of 1412
matters relating to the judiciary and public safety. 1413
Sec. 31. Subsection (c) of section 29-161h of the general statutes is 1414
repealed and the following is substituted in lieu thereof (Effective October 1415
1, 2020): 1416
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(c) No license shall be issued to any person who has been (1) 1417
convicted of any felony, (2) convicted of any misdemeanor under 1418
section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 1419
53a-176, 53a-178 or 53a-181d, or equivalent conviction in another 1420
jurisdiction, within the past seven years, (3) convicted of any offense 1421
involving moral turpitude, [or] (4) discharged from military service 1422
under conditions that demonstrate questionable moral character, or (5) 1423
decertified as a police officer or otherwise had his or her certification 1424
canceled, revoked or refused renewal pursuant to subsection (c) of 1425
section 7-294d. 1426
Sec. 32. Section 29-161q of the general statutes is repealed and the 1427
following is substituted in lieu thereof (Effective October 1, 2020): 1428
(a) Any security service or business may employ as many security 1429
officers as such security service or business deems necessary for the 1430
conduct of the business, provided such security officers are of good 1431
moral character and at least eighteen years of age. 1432
(b) No person hired or otherwise engaged to perform work as a 1433
security officer, as defined in section 29-152u, shall perform the duties 1434
of a security officer prior to being licensed as a security officer by the 1435
Commissioner of Emergency Services and Public Protection, except as 1436
provided in subsection (h) of this section. Each applicant for a license 1437
shall complete a minimum of eight hours training in the following areas: 1438
Basic first aid, search and seizure laws and regulations, use of force, 1439
basic criminal justice and public safety issues. The commissioner shall 1440
waive such training for any person who, while serving in the armed 1441
forces or the National Guard, or if such person is a veteran, within two 1442
years of such person's discharge from the armed forces, presents proof 1443
that such person has completed military training that is equivalent to 1444
the training required by this subsection, and, if applicable, such person's 1445
military discharge document or a certified copy thereof. For the 1446
purposes of this subsection, "veteran" means any person who was 1447
discharged or released under conditions other than dishonorable from 1448
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active service in the armed forces, "armed forces" has the same meaning 1449
as provided in section 27-103, and "military discharge document" has 1450
the same meaning as provided in section 1-219. The training shall be 1451
approved by the commissioner in accordance with regulations adopted 1452
pursuant to section 29-161x. The commissioner may not grant a license 1453
to any person who has been decertified as a police officer or otherwise 1454
had his or her certification canceled, revoked or refused renewal 1455
pursuant to subsection (c) of section 7-294d. 1456
(1) On and after October 1, 2008, no person or employee of an 1457
association, corporation or partnership shall conduct such training 1458
without the approval of the commissioner except as provided in 1459
subdivision (2) of this subsection. Application for such approval shall 1460
be submitted on forms prescribed by the commissioner and 1461
accompanied by a fee of forty dollars. Such application shall be made 1462
under oath and shall contain the applicant's name, address, date and 1463
place of birth, employment for the previous five years, education or 1464
training in the subjects required to be taught under this subsection, any 1465
convictions for violations of the law and such other information as the 1466
commissioner may require by regulation adopted pursuant to section 1467
29-161x to properly investigate the character, competency and integrity 1468
of the applicant. No person shall be approved as an instructor for such 1469
training who has been convicted of a felony, a sexual offense or a crime 1470
of moral turpitude or who has been denied approval as a security 1471
service licensee, a security officer or instructor in the security industry 1472
by any licensing authority, or whose approval has been revoked or 1473
suspended. The term for such approval shall not exceed two years. Not 1474
later than two business days after a change of address, any person 1475
approved as an instructor in accordance with this section shall notify the 1476
commissioner of such change and such notification shall include both 1477
the old and new addresses. 1478
(2) If a security officer training course described in this subsection is 1479
approved by the commissioner on or before September 30, 2008, the 1480
instructor of such course shall have until April 1, 2009, to apply for 1481
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approval as an instructor in accordance with subdivision (1) of this 1482
subsection. 1483
(3) Each person approved as an instructor in accordance with this 1484
section may apply for the renewal of such approval on a form approved 1485
by the commissioner, accompanied by a fee of forty dollars. Such form 1486
may require the disclosure of any information necessary for the 1487
commissioner to determine whether the instructor's suitability to serve 1488
as an instructor has changed since the issuance of the prior approval. 1489
The term of such renewed approval shall not exceed two years. 1490
(c) Not later than two years after successful completion of the training 1491
required pursuant to subsection (b) of this section, or the waiver of such 1492
training, the applicant may submit an application for a license as a 1493
security officer on forms furnished by the commissioner and, under 1494
oath, shall give the applicant's name, address, date and place of birth, 1495
employment for the previous five years, experience in the position 1496
applied for, including military training and weapons qualifications, any 1497
convictions for violations of the law and such other information as the 1498
commissioner may require, by regulation, to properly investigate the 1499
character, competency and integrity of the applicant. The commissioner 1500
shall require any applicant for a license under this section to submit to 1501
state and national criminal history records checks conducted in 1502
accordance with section 29-17a. Each applicant shall submit with the 1503
application two sets of his or her fingerprints on forms specified and 1504
furnished by the commissioner, two full-face photographs, two inches 1505
wide by two inches high, taken not earlier than six months prior to the 1506
date of application, and a one-hundred-dollar licensing fee, made 1507
payable to the state. Any applicant who received a waiver as provided 1508
in subsection (b) of this section shall be exempt from payment of such 1509
licensing fee. Subject to the provisions of section 46a-80, no person shall 1510
be approved for a license who has been convicted of a felony, any sexual 1511
offense or any crime involving moral turpitude, or who has been 1512
refused a license under the provisions of sections 29-161g to 29-161x, 1513
inclusive, for any reason except minimum experience, or whose license, 1514
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having been granted, has been revoked or is under suspension. Upon 1515
being satisfied of the suitability of the applicant for licensure, the 1516
commissioner may license the applicant as a security officer. Such 1517
license shall be renewed every five years for a one-hundred-dollar fee. 1518
The commissioner shall send a notice of the expiration date of such 1519
license to the holder of such license, by first class mail, not less than 1520
ninety days before such expiration, and shall enclose with such notice 1521
an application for renewal. The security officer license shall be valid for 1522
a period of ninety days after its expiration date unless the license has 1523
been revoked or is under suspension pursuant to section 29-161v. An 1524
application for renewal filed with the commissioner after the expiration 1525
date shall be accompanied by a late fee of twenty-five dollars. The 1526
commissioner shall not renew any license that has been expired for more 1527
than ninety days. 1528
(d) Upon the security officer's successful completion of training and 1529
licensing by the commissioner, or immediately upon hiring a licensed 1530
security officer, the security service employing such security officer 1531
shall apply to register such security officer with the commissioner on 1532
forms provided by the commissioner. Such application shall be 1533
accompanied by payment of a forty-dollar application fee payable to the 1534
state. The Division of State Police within the Department of Emergency 1535
Services and Public Protection shall keep on file the completed 1536
registration form and all related material. An identification card with 1537
the name, date of birth, address, full-face photograph, physical 1538
descriptors and signature of the applicant shall be issued to the security 1539
officer, and shall be carried by the security officer at all times while 1540
performing the duties associated with the security officer's employment. 1541
Registered security officers, in the course of performing their duties, 1542
shall present such card for inspection upon the request of a law 1543
enforcement officer. 1544
(e) The security service shall notify the commissioner not later than 1545
five days after the termination of employment of any registered 1546
employee. 1547
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(f) Any fee or portion of a fee paid pursuant to this section shall not 1548
be refundable. 1549
(g) No person, firm or corporation shall employ or otherwise engage 1550
any person as a security officer, as defined in section 29-152u, unless 1551
such person (1) is a licensed security officer, or (2) meets the 1552
requirements of subsection (h) of this section. 1553
(h) During the time that an application for a license as a security 1554
officer is pending with the commissioner, the applicant may perform the 1555
duties of security officer, provided (1) the security service employing 1556
the applicant conducts, or has a consumer reporting agency regulated 1557
under the federal Fair Credit Reporting Act conduct, a state and national 1558
criminal history records check and determines the applicant meets the 1559
requirements of subsection (c) of this section to be a security officer, 1560
[and] (2) the applicant (A) successfully completed the training required 1561
pursuant to subsection (b) of this section, or obtained a waiver of such 1562
training, and (B) performs the duties of a security officer under the direct 1563
on-site supervision of a licensed security officer with at least one year of 1564
experience as a licensed security officer, and (3) the applicant has not 1565
been decertified as a police officer or otherwise had his or her 1566
certification canceled, revoked or refused renewal pursuant to 1567
subsection (c) of section 7-294d. The applicant shall not perform such 1568
duties at a public or private preschool, elementary or secondary school 1569
or at a facility licensed and used exclusively as a child care center, as 1570
described in subdivision (1) of subsection (a) of section 19a-77. The 1571
applicant shall cease to perform such duties pursuant to this subsection 1572
when the commissioner grants or denies the pending application for a 1573
security license under this section. 1574
(i) Any person, firm or corporation that violates any provision of 1575
subsection (b), (d), (e), (g) or (h) of this section shall be fined seventy-1576
five dollars for each offense. Each distinct violation of this section shall 1577
be a separate offense and, in the case of a continuing violation, each day 1578
thereof shall be deemed a separate offense. 1579
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Sec. 33. (NEW) (Effective from passage) (a) There is established the 1580
Office of the Inspector General that shall be an independent office 1581
within the Division of Criminal Justice. Not later than October 1, 2020, 1582
the Criminal Justice Commission established pursuant to section 51-1583
275a of the general statutes shall nominate a deputy chief state's attorney 1584
from within the division as Inspector General who, subject to 1585
appointment by the General Assembly pursuant to subsection (c) or (d) 1586
of this section, shall lead the Office of the Inspector General. The office 1587
shall: (1) Conduct investigations of peace officers in accordance with 1588
section 51-277a of the general statutes; (2) prosecute any case in which 1589
the Inspector General determines a peace officer used force found to not 1590
be justifiable pursuant to section 53a-22 of the general statutes or where 1591
a police officer or correctional officer fails to intervene in any such 1592
incident or to report any such incident, as required under subsection (a) 1593
of section 7-282e of the general statutes or section 42 of this act, as 1594
applicable; and (3) make recommendations to the Police Officer 1595
Standards and Training Council established under section 7-294b of the 1596
general statutes concerning censure and suspension, renewal, 1597
cancelation or revocation of a peace officer's certification. 1598
(b) The Inspector General shall serve a term of four years. On or 1599
before the date of the expiration of the term of the Inspector General or 1600
upon the occurrence of a vacancy in the Office of the Inspector General 1601
for any reason, the Criminal Justice Commission shall nominate a 1602
deputy chief state's attorney from within the Division of Criminal 1603
Justice to fill that vacancy. The commission shall not be precluded from 1604
renominating an individual who has previously served as Inspector 1605
General. The Inspector General shall, upon nomination by the 1606
commission, be appointed by the General Assembly pursuant to 1607
subsection (c) or (d) of this section. 1608
(c) Each nomination made by the Criminal Justice Commission to the 1609
General Assembly for Inspector General shall be referred, without 1610
debate, to the joint standing committee of the General Assembly having 1611
cognizance of matters relating to the judiciary, which shall report on the 1612
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nomination not later than thirty legislative days from the time of 1613
reference, but no later than seven legislative days before the adjourning 1614
of the General Assembly. An appointment by the General Assembly of 1615
an Inspector General shall be by concurrent resolution. The action on 1616
the passage of each such resolution in the House and in the Senate shall 1617
be by vote taken on the electrical roll-call device. The commission shall, 1618
not later than five days after receiving notice that a nomination for 1619
Inspector General has failed to be approved by the affirmative 1620
concurrent action of both houses of the General Assembly, make 1621
another nomination for Inspector General. 1622
(d) No vacancy in the position of Inspector General shall be filled by 1623
the Criminal Justice Commission when the General Assembly is not in 1624
session unless, prior to such filling, the commission submits the name 1625
of the proposed vacancy appointee to the joint standing committee of 1626
the General Assembly having cognizance of matters relating to the 1627
judiciary. Within forty-five days, the committee on the judiciary may, 1628
upon the call of either chairman, hold a special meeting for the purpose 1629
of approving or disapproving such proposed vacancy appointee by 1630
majority vote. Failure of the committee to act on such proposed vacancy 1631
appointee within such forty-five-day period shall be deemed to be an 1632
approval. Any appointment made pursuant to this subsection shall be 1633
in effect until the sixth Wednesday of the next regular session of the 1634
General Assembly, and until a successor is appointed. 1635
(e) A deputy chief state's attorney nominated for the position of 1636
Inspector General by the Criminal Justice Commission shall serve as 1637
interim Inspector General pending appointment by the General 1638
Assembly. 1639
(f) An Inspector General may be removed or otherwise disciplined 1640
only in accordance with section 51-278b of the general statutes. 1641
(g) The Inspector General may issue subpoenas to municipalities, law 1642
enforcement units, as defined in section 7-294 of the general statutes, the 1643
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Department of Correction and any employee or former employee of the 1644
municipality, unit or department (1) requiring the production of reports, 1645
records or other documents concerning an investigation described in 1646
subsection (a) of this section that is undertaken by the Inspector General, 1647
and (2) compelling the attendance and testimony of any person having 1648
knowledge pertinent to such investigation. 1649
(h) A chief of police of a municipality, the Commissioner of 1650
Emergency Services and Public Protection or the Commissioner of 1651
Correction may refer and the Inspector General shall accept any such 1652
referral of an incident described in subsection (a) of this section for 1653
purposes of an investigation. 1654
(i) The Office of the Inspector General shall be at a location that is 1655
separate from the locations of the Office of the Chief State's Attorney or 1656
any of the state's attorneys for the judicial districts. 1657
(j) The Inspector General may employ necessary staff to fulfil the 1658
duties of the Office of the Inspector General described in subsection (a) 1659
of this section. Such staff shall be selected from staff of the Division of 1660
Criminal Justice by the Inspector General and shall include, but not be 1661
limited to, an assistant state's attorney or a deputy assistant state's 1662
attorney, an inspector and administrative staff. As needed by and upon 1663
request of the Inspector General, the Office of the Chief State's Attorney 1664
shall ensure assistance from additional assistant state's attorneys or 1665
deputy assistant state's attorneys, inspectors and administrative staff. 1666
(k) The Inspector General and any staff employed by the Office of the 1667
Inspector General, who is not in a bargaining unit established pursuant 1668
to sections 5-270 to 5-280, inclusive, of the general statutes, shall, upon 1669
completion of employment with the office of the Inspector General be 1670
transferred back to the Division of Criminal Justice into a position 1671
equivalent or comparable to the position such person held in the 1672
division prior to being employed by the Office of the Inspector General. 1673
Upon such transfer back to the division, such person shall be 1674
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compensated at the same level such person was compensated 1675
immediately prior to being transferred back to the division. 1676
Sec. 34. Section 51-277a of the 2020 supplement to the general statutes 1677
is repealed and the following is substituted in lieu thereof (Effective 1678
October 1, 2020): 1679
(a) (1) Whenever a peace officer, in the performance of such officer's 1680
duties, uses physical force upon another person and such person dies as 1681
a result thereof or uses deadly force, as defined in section 53a-3, upon 1682
another person, the [Division of Criminal Justice shall cause an 1683
investigation to be made and shall have the responsibility of 1684
determining] Inspector General shall investigate and determine 1685
whether the use of physical force by the peace officer was [appropriate] 1686
justifiable under section 53a-22. 1687
(2) (A) Except as provided under subdivision (1) of this subsection, 1688
whenever a person dies in the custody of a peace officer or law 1689
enforcement agency, the Inspector General shall investigate and 1690
determine whether physical force was used by a peace officer upon the 1691
deceased person, and if so, whether the use of physical force by the 1692
peace officer was justifiable under section 53a-22. If the Inspector 1693
General determines the deceased person died as a result of a possible 1694
criminal action not involving the use of force by a peace officer, the 1695
Inspector General shall refer such case to the Division of Criminal Justice 1696
for potential prosecution. 1697
(B) Except as provided under subdivision (1) of this subsection or 1698
subparagraph (A) of subdivision (2) of this subsection, whenever a 1699
person dies in the custody of the Commissioner of Correction, the 1700
Inspector General shall investigate and determine whether the deceased 1701
person died as a result of a possible criminal action, and if so, refer such 1702
case to the Division of Criminal Justice for potential prosecution. 1703
(3) The [division] Inspector General shall request the appropriate law 1704
enforcement agency to provide such assistance as is necessary to 1705
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determine the circumstances of [the] an incident investigated under 1706
subdivision (1) or (2) of this subsection. 1707
[(2) On and after January 1, 2020, whenever] (4) Whenever a peace 1708
officer, in the performance of such officer's duties, uses physical force 1709
upon another person and such person dies as a result thereof, the 1710
[Division of Criminal Justice shall cause a preliminary status report to 1711
be completed] Inspector General shall complete a preliminary status 1712
report that shall include, but need not be limited to, (A) the name of the 1713
deceased person, (B) the gender, race, ethnicity and age of the deceased 1714
person, (C) the date, time and location of the injury causing such death, 1715
(D) the law enforcement agency involved, (E) the status on the 1716
toxicology report, if available, and (F) the death certificate, if available. 1717
The [division] Inspector General shall complete the report and submit a 1718
copy of such report not later than five business days after the cause of 1719
the death is available in accordance with the provisions of section 11-4a 1720
to the joint standing committees of the General Assembly having 1721
cognizance of matters relating to the judiciary and public safety. 1722
[(b) In causing an investigation to be made pursuant to subdivision 1723
(1) of subsection (a) of this section, the Chief State's Attorney shall, (1) 1724
as provided in section 51-281, designate a prosecutorial official from a 1725
judicial district other than the judicial district in which the incident 1726
occurred to conduct the investigation, or (2) as provided in subsection 1727
(a) of section 51-285, appoint a special assistant state's attorney or special 1728
deputy assistant state's attorney to conduct the investigation. The Chief 1729
State's Attorney shall, upon the request of such prosecutorial official or 1730
special prosecutor, appoint a special inspector or special inspectors to 1731
assist in such investigation.] 1732
[(c)] (b) Upon the conclusion of the investigation of the incident, the 1733
[Division of Criminal Justice] Inspector General shall file a report with 1734
the Chief State's Attorney which shall contain the following: (1) The 1735
circumstances of the incident, (2) a determination of whether the use of 1736
physical force by the peace officer was [appropriate] justifiable under 1737
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section 53a-22, and (3) any future action to be taken by the [division] 1738
Office of the Inspector General as a result of the incident. The Chief 1739
State's Attorney shall provide a copy of the report to the chief executive 1740
officer of the municipality in which the incident occurred and to the 1741
Commissioner of Emergency Services and Public Protection or the chief 1742
of police of such municipality, as the case may be, and shall make such 1743
report available to the public on the [division's] Division of Criminal 1744
Justice's Internet web site not later than forty-eight hours after the copies 1745
are provided to the chief executive officer and the commissioner or chief 1746
of police. 1747
(c) The Office of the Inspector General shall prosecute any case in 1748
which the Inspector General determines that the use of force by a peace 1749
officer was not justifiable under section 53a-22, and any failure to 1750
intervene in any such incident or to report any such incident, as required 1751
under subsection (a) of section 7-282e or section 42 of this act. 1752
Sec. 35. Section 51-281 of the general statutes is repealed and the 1753
following is substituted in lieu thereof (Effective October 1, 2020): 1754
The Chief State's Attorney and each deputy chief state's attorney, 1755
state's attorney, assistant state's attorney and deputy assistant state's 1756
attorney, including the deputy chief state's attorney acting as the 1757
Inspector General and any state's attorney, assistant state's attorney or 1758
deputy assistant state's attorney operating under the direction of the 1759
Office of the Inspector General established under section 33 of this act, 1760
shall be qualified to act in any judicial district in the state and in 1761
connection with any matter regardless of the judicial district where the 1762
offense took place, and may be assigned to act in any judicial district at 1763
any time on designation by the Chief State's Attorney or the Inspector 1764
General, as applicable. 1765
Sec. 36. Section 19a-406 1766
(a) The Chief Medical Examiner shall investigate all human deaths in 1767
the following categories: (1) Violent deaths, whether apparently 1768
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homicidal, suicidal or accidental, including but not limited to deaths 1769
due to thermal, chemical, electrical or radiational injury and deaths due 1770
to criminal abortion, whether apparently self-induced or not; (2) sudden 1771
or unexpected deaths not caused by readily recognizable disease; (3) 1772
deaths under suspicious circumstances; (4) deaths of persons whose 1773
bodies are to be cremated, buried at sea or otherwise disposed of so as 1774
to be thereafter unavailable for examination; (5) deaths related to disease 1775
resulting from employment or to accident while employed; (6) deaths 1776
related to disease which might constitute a threat to public health; and 1777
(7) any other death, not clearly the result of natural causes, that occurs 1778
while the deceased person is in the custody of a peace officer or a law 1779
enforcement agency or the Commissioner of Correction. The Chief 1780
Medical Examiner may require autopsies in connection with deaths in 1781
the preceding categories when it appears warranted for proper 1782
investigation and, in the opinion of the Chief Medical Examiner, the 1783
Deputy Chief Medical Examiner, an associate medical examiner or an 1784
authorized assistant medical examiner, an autopsy is necessary. The 1785
autopsy shall be performed at the Office of the Chief Medical Examiner 1786
or by a designated pathologist at a community hospital. Where 1787
indicated, the autopsy shall include toxicologic, histologic, 1788
microbiologic and serologic examinations. If a medical examiner has 1789
reason to suspect that a homicide has been committed, the autopsy shall 1790
be performed at the Office of the Chief Medical Examiner or by a 1791
designated pathologist in the presence of at least one other designated 1792
pathologist if such other pathologist is immediately available. A 1793
detailed description of the findings of all autopsies shall be written or 1794
dictated during their progress. The findings of the investigation at the 1795
scene of death, the autopsy and any toxicologic, histologic, serologic and 1796
microbiologic examinations and the conclusions drawn therefrom shall 1797
be filed in the Office of the Chief Medical Examiner. 1798
(b) The Chief Medical Examiner shall designate pathologists who are 1799
certified by the Department of Public Health to perform autopsies in 1800
connection with the investigation of any deaths in the categories listed 1801
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in subsection (a) of this section. Any deputy chief state's attorney, state's 1802
attorney or assistant state's attorney, including from the Office of the 1803
Inspector General pursuant to section 33 of this act, shall have the right 1804
to require an autopsy by a pathologist so designated in any case in 1805
which there is a suspicion that death resulted from a criminal act. The 1806
official requiring said autopsy shall make a reasonable effort to notify 1807
whichever one of the following persons, eighteen years of age or older, 1808
assumes custody of the body for purposes of burial: Father, mother, 1809
husband, wife, child, guardian, next of kin, friend or any person charged 1810
by law with the responsibility for burial, that said autopsy has been 1811
required, however performance of said autopsy need not be delayed 1812
pending such notice. 1813
(c) If there are no other circumstances which would appear to require 1814
an autopsy and if the investigation of the circumstances and 1815
examination of the body enable the Chief Medical Examiner, the Deputy 1816
Chief Medical Examiner, an associate medical examiner or an 1817
authorized assistant medical examiner to conclude with reasonable 1818
certainty that death occurred from natural causes or obvious traumatic 1819
injury, the medical examiner in charge shall certify the cause of death 1820
and file a report of his findings in the Office of the Chief Medical 1821
Examiner. 1822
Sec. 37. Section 19a-407 of the general statutes is repealed and the 1823
following is substituted in lieu thereof (Effective October 1, 2020): 1824
(a) All law enforcement officers, state's attorneys, prosecuting 1825
attorneys, employees of the Department of Correction, other officials, 1826
physicians, funeral directors, embalmers and other persons shall 1827
promptly notify the Office of the Chief Medical Examiner of any death 1828
coming to their attention which is subject to investigation by the Chief 1829
Medical Examiner under this chapter, shall assist in making dead bodies 1830
and related evidence available to that office for investigations and 1831
postmortem examinations, including autopsies, and shall cooperate 1832
fully with said office in making the investigations and examinations 1833
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herein provided for. In conducting such investigations or examinations, 1834
the Chief Medical Examiner may issue subpoenas requiring the 1835
production of medical reports, records or other documents concerning 1836
the death under investigation and compelling the attendance and 1837
testimony of any person having pertinent knowledge of such death. 1838
(b) In cases of apparent homicide or suicide, or of accidental death, 1839
the cause of which is obscure, or any other death, not clearly the result 1840
of natural causes, that occurs while the deceased person is in the custody 1841
of a peace officer or a law enforcement agency or the Commissioner of 1842
Correction, the scene of the event shall not be disturbed until authorized 1843
by the Chief Medical Examiner or his or her authorized representative. 1844
Upon receipt of notification of a death as provided herein, the Chief 1845
Medical Examiner or his or her authorized representative shall view and 1846
take charge of the body without delay. 1847
(c) In conducting his or her investigation, the Chief Medical Examiner 1848
or his or her authorized representative shall have access to any objects, 1849
writings or other articles of property in the custody of any law 1850
enforcement official which in the Chief Medical Examiner's opinion may 1851
be useful in establishing the cause or manner of death. Upon the Chief 1852
Medical Examiner's request, a law enforcement official having custody 1853
of such articles shall deliver them to the Chief Medical Examiner, along 1854
with copies of any reports of the analysis of such articles by such law 1855
enforcement official. The Chief Medical Examiner shall analyze such 1856
articles and return them to the official from whom they were obtained. 1857
When such articles are no longer required to be kept for the purposes of 1858
justice, the law enforcement official who has custody of them shall 1859
deliver them to the person or persons entitled to their custody. If such 1860
articles are not claimed by such person or persons entitled thereto 1861
within one year after the date of death, such articles may be disposed of 1862
by the law enforcement official as provided in section 54-36. 1863
(d) Any person who wilfully fails to comply with any provision of 1864
this section shall be fined not more than five hundred dollars or 1865
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imprisoned not more than one year, or both. 1866
Sec. 38. Section 7-282d of the general statutes is repealed and the 1867
following is substituted in lieu thereof (Effective October 1, 2020): 1868
No municipal police department may impose any quota with respect 1869
to the issuance of citations to pedestrians or summonses for motor 1870
vehicle violations upon any policeman in such department. Nothing in 1871
this section shall prohibit such department from using data concerning 1872
the issuance of such citations or summonses in the evaluation of an 1873
individual's work performance provided such data is not the exclusive 1874
means of evaluating such performance. As used in this section, "quota" 1875
means a specified number of citations issued to pedestrians or 1876
summonses for motor vehicle violations to be issued within a specified 1877
period of time. 1878
Sec. 39. Section 29-2b of the general statutes is repealed and the 1879
following is substituted in lieu thereof (Effective October 1, 2020): 1880
The Department of Emergency Services and Public Protection shall 1881
not impose any quota with respect to the issuance of citations to 1882
pedestrians or summonses for motor vehicle violations upon any 1883
policeman in said department. Nothing in this section shall prohibit said 1884
department from using data concerning the issuance of such citations or 1885
summonses in the evaluation of an individual's work performance, 1886
provided such data is not the exclusive means of evaluating such 1887
performance. As used in this section, "quota" means a specified number 1888
of citations issued to pedestrians or summonses for motor vehicle 1889
violations to be issued within a specified period of time. 1890
Sec. 40. (NEW) (Effective from passage) (a) For purposes of this section: 1891
(1) "Law enforcement agency" means the Division of State Police 1892
within the Department of Emergency Services and Public Protection or 1893
any municipal police department; and 1894
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(2) "Controlled equipment" means military designed equipment 1895
classified by the United States Department of Defense as part of the 1896
federal 1033 program that is (A) a controlled firearm, ammunition, 1897
bayonet, grenade launcher, grenade, including stun and flash-bang, or 1898
an explosive, (B) a controlled vehicle, highly mobile multi-wheeled 1899
vehicle, mine-resistant ambush-protected vehicle, truck, truck dump, 1900
truck utility or truck carryall, (C) a drone that is armored or 1901
weaponized, (D) controlled aircraft that is combat configured or combat 1902
coded or has no established commercial flight application, (E) a silencer, 1903
(F) a long-range acoustic device, or (G) an item in the federal supply 1904
class of banned items. 1905
(b) On and after the effective date of this section, no law enforcement 1906
agency may acquire controlled equipment. 1907
(c) Not later than December 31, 2020, each law enforcement agency 1908
shall report, in accordance with the provisions of section 11-4a of the 1909
general statutes, to the joint standing committees of the General 1910
Assembly having cognizance of matters relating to the judiciary and 1911
public safety its inventory of controlled equipment possessed on the 1912
effective date of this section. As part of such report, the agency shall 1913
include the use or proposed use of each item in its inventory and 1914
whether such use or proposed use is necessary for the operation and 1915
safety of the department or is for relief or rescue efforts in the case of a 1916
natural disaster or for other public safety purposes. 1917
(d) (1) The office of the Governor and the Commissioner of 1918
Emergency Services and Public Protection may order a law enforcement 1919
agency to lawfully sell, transfer or otherwise dispose of controlled 1920
equipment they jointly find is unnecessary for public protection. A 1921
municipal police department may request the office of the Governor and 1922
the commissioner to reconsider such order. The office of the Governor 1923
and the commissioner may jointly amend or rescind such order if the 1924
police department has held a public hearing in the municipality it serves 1925
concerning the proposed request for reconsideration and the 1926
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department demonstrates in its request for reconsideration that the use 1927
or proposed use of the controlled equipment is necessary for the 1928
operation and safety of the department or is for relief or rescue efforts 1929
in the case of a natural disaster or for other public safety purposes. 1930
(2) The office of the Governor and the Commissioner of Emergency 1931
Services and Public Protection shall notify the joint standing committees 1932
of the General Assembly having cognizance of matters relating to the 1933
judiciary and public safety of controlled equipment that is ordered to be 1934
sold, transferred or otherwise disposed of pursuant to subdivision (1) of 1935
this subsection. 1936
(e) No law enforcement agency that is permitted to retain controlled 1937
equipment may use any such equipment for crowd management or 1938
intimidation tactics. 1939
Sec. 41. (NEW) (Effective July 1, 2021, and applicable to any cause of action 1940
arising from an incident committed on or after July 1, 2021): 1941
(a) As used in this section: 1942
(1) "Law enforcement unit" has the same meaning as provided in 1943
section 7-294a of the general statutes; and 1944
(2) "Police officer" has the same meaning as provided in section 7-1945
294a of the general statutes. 1946
(b) No police officer, acting alone or in conspiracy with another, shall 1947
deprive any person or class of persons of the equal protection of the laws 1948
of this state, or of the equal privileges and immunities under the laws of 1949
this state, including, without limitation, the protections, privileges and 1950
immunities guaranteed under article first of the Constitution of the 1951
state. 1952
(c) Any person aggrieved by a violation of subsection (b) of this 1953
section may bring a civil action for equitable relief or damages in the 1954
Superior Court. A civil action brought for damages shall be triable by 1955
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jury. 1956
(d) In any civil action brought under this section, governmental 1957
immunity shall only be a defense to a claim for damages when, at the 1958
time of the conduct complained of, the police officer had an objectively 1959
good faith belief that such officer's conduct did not violate the law. 1960
There shall be no interlocutory appeal of a trial court's denial of the 1961
application of the defense of governmental immunity. Governmental 1962
immunity shall not be a defense in a civil action brought solely for 1963
equitable relief. 1964
(e) In an action under this section, each municipality or law 1965
enforcement unit shall protect and save harmless any such police officer 1966
from financial loss and expense, including legal fees and costs, if any, 1967
arising out of any claim, demand or suit instituted against such officer 1968
by reason of any act undertaken by such officer while acting in the 1969
discharge of the officer's duties. In the event such officer has a judgment 1970
entered against him or her for a malicious, wanton or wilful act in a 1971
court of law, such municipality shall be reimbursed by such officer for 1972
expenses it incurred in providing such defense and shall not be held 1973
liable to such officer for any financial loss or expense resulting from such 1974
act. 1975
(f) In any civil action brought under this section, if the court finds that 1976
a violation of subsection (b) of this section was deliberate, wilful or 1977
committed with reckless indifference, the plaintiff may be awarded 1978
costs and reasonable attorney's fees. 1979
(g) A civil action brought pursuant to this section shall be commenced 1980
not later than one year after the date on which the cause of action 1981
accrues. Any notice of claim provision set forth in the general statutes, 1982
including, but not limited to, the provisions of subsection (d) of section 1983
7-101a of the general statutes and subsection (a) of section 7-465 of the 1984
general statutes shall not apply to an action brought under this section. 1985
Sec. 42. (Effective from passage) On or before January 1, 2021, the task 1986
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force established to study police transparency and accountability, 1987
pursuant to section 6 of public act 19-90, shall report in accordance with 1988
the provisions of section 11-4a of the general statutes to the joint 1989
standing committee of the General Assembly having cognizance of 1990
matters relating to the judiciary on any recommendations related to the 1991
implementation of section 41 of this act and the anticipated impact that 1992
the implementation of said section 41 will have on the ability of a police 1993
officer or municipality to obtain liability insurance. 1994
Sec. 43. (NEW) (Effective October 1, 2020) (a) Any correction officer 1995
who witnesses another correction officer use what the witnessing 1996
correction officer objectively knows to be excessive or illegal use of force 1997
shall intervene and attempt to stop such other correction officer from 1998
using such force. Any correction officer who fails to intervene in such 1999
an incident may be prosecuted and punished in accordance with the 2000
provisions of section 53a-8 of the general statutes for the same acts as 2001
the correction officer who used unreasonable, excessive or illegal force. 2002
(b) Any correction officer who witnesses another correction officer 2003
use what the witnessing correction officer objectively knows to be 2004
unreasonable, excessive or illegal use of force or is otherwise aware of 2005
such use of force by another correction officer shall report, as soon as is 2006
practicable, such use of force to the witnessing correction officer's 2007
immediate supervisor. Such supervisor shall immediately report such 2008
use of force to the immediate supervisor of the correction officer who is 2009
reported to have used such force. Any correction officer required to 2010
report such an incident who fails to do so may be prosecuted and 2011
punished in accordance with the provisions of sections 53a-165 to 53a-2012
167, inclusive, of the general statutes. 2013
(c) The Department of Correction or any employee of the department 2014
shall not take any retaliatory personnel action or discriminate against a 2015
correction officer because such correction officer intervened in an 2016
incident pursuant to subsection (a) of this section or reported an incident 2017
pursuant to subsection (b) of this section. Such intervening or reporting 2018
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correction officer shall be protected by the provisions of section 4-61dd 2019
of the general statutes. 2020
Sec. 44. Section 7-294ee of the general statutes is repealed and the 2021
following is substituted in lieu thereof (Effective from passage): 2022
(a) [The] Until December 31, 2024, the Police Officer Standards and 2023
Training Council, established under section 7-294b, and the 2024
Commissioner of Emergency Services and Public Protection or the 2025
commissioner's designee, shall [, within available appropriations,] 2026
jointly develop, adopt and revise, as necessary, minimum standards and 2027
practices for the administration and management of law enforcement 2028
units, as defined in section 7-294a. Such minimum standards and 2029
practices shall be based upon standards established by the International 2030
Association of Chiefs of Police and the Commission on Accreditation for 2031
Law Enforcement Agencies, Inc., and shall include, but need not be 2032
limited to, standards and practices regarding bias-based policing, use of 2033
force, response to crimes of family violence, use of body-worn recording 2034
equipment, complaints that allege misconduct by police officers, use of 2035
electronic defense weapons, eyewitness identification procedures, 2036
notifications in death and related events and pursuits by police officers. 2037
The council shall post such minimum standards and practices on the 2038
council's Internet web site and disseminate such standards and practices 2039
to law enforcement units. The council and commissioner or the 2040
commissioner's designee shall jointly develop a process to review a law 2041
enforcement unit's compliance with such minimum standards and 2042
practices and issue a certificate of compliance with law enforcement 2043
standards and practices to a law enforcement unit that meets or exceeds 2044
such standards and practices. 2045
(b) On and after January 1, 2019, and until December 31, 2024, each 2046
law enforcement unit shall adopt and maintain (1) the minimum 2047
standards and practices developed by the council pursuant to 2048
subsection (a) of this section, or (2) a higher level of accreditation 2049
standards developed by the council or the Commission on Accreditation 2050
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for Law Enforcement Agencies, Inc. 2051
(c) On and after January 1, 2025, each law enforcement unit shall 2052
obtain and maintain accreditation by the Commission on Accreditation 2053
for Law Enforcement Agencies, Inc. If a law enforcement unit fails to 2054
obtain or maintain such accreditation, the council shall work with the 2055
law enforcement unit to obtain and maintain such accreditation. 2056
[(c)] (d) No civil action may be brought against a law enforcement 2057
unit for damages arising from the failure of the law enforcement unit to 2058
(1) adopt and maintain such minimum standards and practices or a 2059
higher level of accreditation standards pursuant to subsection (b) of this 2060
section, or (2) obtain and maintain accreditation by the Commission on 2061
Accreditation for Law Enforcement Agencies, Inc., pursuant to 2062
subsection (c) of this section. 2063
Sec. 45. (NEW) (Effective from passage) (a) For the purposes described 2064
in subsection (b) of this section, the State Bond Commission shall have 2065
the power from time to time to authorize the issuance of bonds of the 2066
state in one or more series and in principal amounts not exceeding in 2067
the aggregate four million dollars. 2068
(b) The proceeds of the sale of such bonds, to the extent of the amount 2069
stated in subsection (a) of this section, shall be used by the Office of 2070
Policy and Management for the purpose of providing grants-in-aid to 2071
municipalities for the program established under section 20 of this act. 2072
(c) All provisions of section 3-20 of the general statutes, or the exercise 2073
of any right or power granted thereby, that are not inconsistent with the 2074
provisions of this section are hereby adopted and shall apply to all 2075
bonds authorized by the State Bond Commission pursuant to this 2076
section. Temporary notes in anticipation of the money to be derived 2077
from the sale of any such bonds so authorized may be issued in 2078
accordance with section 3-20 of the general statutes and from time to 2079
time renewed. Such bonds shall mature at such time or times not 2080
exceeding twenty years from their respective dates as may be provided 2081
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in or pursuant to the resolution or resolutions of the State Bond 2082
Commission authorizing such bonds. None of such bonds shall be 2083
authorized except upon a finding by the State Bond Commission that 2084
there has been filed with it a request for such authorization that is signed 2085
by or on behalf of the Secretary of the Office of Policy and Management 2086
and states such terms and conditions as said commission, in its 2087
discretion, may require. Such bonds issued pursuant to this section shall 2088
be general obligations of the state and the full faith and credit of the state 2089
of Connecticut are pledged for the payment of the principal of and 2090
interest on such bonds as the same become due, and accordingly and as 2091
part of the contract of the state with the holders of such bonds, 2092
appropriation of all amounts necessary for punctual payment of such 2093
principal and interest is hereby made, and the State Treasurer shall pay 2094
such principal and interest as the same become due. 2095
Sec. 46. Subparagraph (A) of subdivision (1) of subsection (b) of 2096
section 51-278 of the general statutes is repealed and the following is 2097
substituted in lieu thereof (Effective from passage): 2098
(b) (1) (A) The Criminal Justice Commission shall appoint (i) two 2099
deputy chief state's attorneys as assistant administrative heads of the 2100
Division of Criminal Justice, one of whom shall be deputy chief state's 2101
attorney for operations and one of whom shall be deputy chief state's 2102
attorney for personnel, finance and administration, who shall assist the 2103
Chief State's Attorney in his duties, and (ii) one deputy chief state's 2104
attorney who shall be nominated by the commission to serve as 2105
Inspector General in accordance with section 33 of this act. The term of 2106
office of a deputy chief state's attorney shall be four years from July first 2107
in the year of appointment and until the appointment and qualification 2108
of a successor unless sooner removed by the Criminal Justice 2109
Commission. The Criminal Justice Commission shall designate one 2110
deputy chief state's attorney appointed under subparagraph (A)(i) of 2111
this subsection who shall, in the absence or disqualification of the Chief 2112
State's Attorney, exercise the powers and duties of the Chief State's 2113
Attorney until such Chief State's Attorney resumes his duties. For the 2114
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purposes of this subparagraph, the Criminal Justice Commission means 2115
the members of the commission other than the Chief State's Attorney. 2116
(B) The Criminal Justice Commission shall appoint a state's attorney for 2117
each judicial district, who shall act therein as attorney on behalf of the 2118
state. The Criminal Justice Commission shall also appoint, from 2119
candidates recommended by the appropriate state's attorney and 2120
deemed qualified by the commission, as many assistant state's attorneys 2121
and deputy assistant state's attorneys on a full-time or part-time basis 2122
for each judicial district as the criminal business of the court, in the 2123
opinion of the Chief State's Attorney, may require, and the commission 2124
shall also appoint, from candidates recommended by the Chief State's 2125
Attorney and deemed qualified by the commission, as many assistant 2126
state's attorneys and deputy assistant state's attorneys as are necessary, 2127
in the opinion of the Chief State's Attorney, to assist the Chief State's 2128
Attorney. Assistant state's attorneys and deputy assistant state's 2129
attorneys, respectively, shall assist the state's attorneys for the judicial 2130
districts and the Chief State's Attorney in all criminal matters and, in the 2131
absence from the district or disability of the state's attorney or at his 2132
request, shall have and exercise all the powers and perform all the duties 2133
of state's attorney. At least three such assistant state's attorneys or 2134
deputy assistant state's attorneys shall be designated by the Chief State's 2135
Attorney to handle all prosecutions in the state of housing matters 2136
deemed to be criminal. Any assistant or deputy assistant state's attorney 2137
so designated should have a commitment to the maintenance of decent, 2138
safe and sanitary housing and, to the extent practicable, shall handle 2139
housing matters on a full-time basis. At least one assistant state's 2140
attorney shall be designated by the Chief State's Attorney to handle all 2141
prosecutions in the state of environmental matters deemed to be 2142
criminal. Any assistant state's attorney so designated should have a 2143
commitment to protecting the environment and, to the extent 2144
practicable, shall handle environmental matters on a full-time basis. (C) 2145
The Chief State's Attorney may promote any assistant state's attorney, 2146
or deputy assistant state's attorney who assists him, and the appropriate 2147
state's attorney may promote any assistant state's attorney or deputy 2148
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assistant state's attorney who assists such state's attorney in the judicial 2149
district. 2150
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 29-4(a)
Sec. 2 from passage 29-3a
Sec. 3 from passage 7-294d
Sec. 4 from passage 7-294e
Sec. 5 from passage New section
Sec. 6 from passage 29-8
Sec. 7 from passage 7-294s
Sec. 8 from passage 5-278(e)
Sec. 9 from passage New section
Sec. 10 from passage 7-291a
Sec. 11 from passage 7-294c
Sec. 12 from passage PA 19-90, Sec. 6
Sec. 13 from passage 7-294b
Sec. 14 from passage New section
Sec. 15 from passage 7-294a
Sec. 16 from passage New section
Sec. 17 from passage New section
Sec. 18 from passage New section
Sec. 19 July 1, 2022 29-6d
Sec. 20 from passage New section
Sec. 21 October 1, 2020 New section
Sec. 22 October 1, 2020 54-33b
Sec. 23 from passage New section
Sec. 24 October 1, 2020 53a-180
Sec. 25 October 1, 2020 53a-180a
Sec. 26 October 1, 2020 53a-180b
Sec. 27 October 1, 2020 53a-180c
Sec. 28 October 1, 2020 53a-180d
Sec. 29 April 1, 2021 53a-22
Sec. 30 October 1, 2020 7-282e
Sec. 31 October 1, 2020 29-161h(c)
Sec. 32 October 1, 2020 29-161q
Sec. 33 from passage New section
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Sec. 34 October 1, 2020 51-277a
Sec. 35 October 1, 2020 51-281
Sec. 36 October 1, 2020 19a-406
Sec. 37 October 1, 2020 19a-407
Sec. 38 October 1, 2020 7-282d
Sec. 39 October 1, 2020 29-2b
Sec. 40 from passage New section
Sec. 41 July 1, 2021, and
applicable to any cause of
action arising from an
incident committed on or
after July 1, 2021
New section
Sec. 42 from passage New section
Sec. 43 October 1, 2020 New section
Sec. 44 from passage 7-294ee
Sec. 45 from passage New section
Sec. 46 from passage 51-278(b)(1)(A)