House Bill No. 6004
July Special Session, Public Act No. 20-1
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
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) On and after June 15, 2012, and until July 1, 2013, the
Commissioner of Emergency Services and Public Protection shall
appoint and maintain a sufficient number of sworn state police
personnel to efficiently maintain the operation of the Division of State
Police as determined by the commissioner in the commissioner's
judgment. On and after July 1, 2013, the commissioner shall appoint and
maintain a sufficient number of sworn state police personnel to
efficiently maintain the operation of the division as determined by the
commissioner in accordance with the recommended standards
developed pursuant to subsection (f) of this section. Any sworn state
police personnel appointed by the commissioner on or after the effective
date of this section, shall be certified by the Police Officer Standards and
Training Council under section 7-294d within one year of appointment.
Sec. 2. Section 29-3a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage): House Bill No. 6004
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After graduation from the State Police Training Academy, and before
becoming a sworn member of the Division of State Police within the
Department of Emergency Services and Public Protection, all state
police trainees shall have received a high school diploma or an
equivalent approved by the state Department of Education and shall
have obtained certification from the Police Officer Standards and
Training Council within one year of becoming a sworn member of said
division. Nothing in this section shall prohibit prospective state police
applicants from being admitted to the State Police Training Academy
without having received either the high school diploma or equivalent.
Sec. 3. Section 7-294d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The Police Officer Standards and Training Council shall have the
following powers:
(1) To develop and periodically update and revise [a] comprehensive
state and municipal police training [plan] plans;
(2) To approve, or revoke the approval of, any state or municipal
police training school and to issue certification to such schools and to
revoke such certification;
(3) To set the minimum courses of study and attendance required and
the equipment and facilities to be required of approved state and
municipal police training schools;
(4) To set the minimum qualifications for law enforcement instructors
and to issue appropriate certification to such instructors in the field of
expertise that such instructors will be teaching;
(5) To require that all probationary candidates receive the hours of
basic training deemed necessary before being eligible for certification,
such basic training to be completed within one year following the House Bill No. 6004
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appointment as a probationary candidate, unless the candidate is
granted additional time to complete such basic training by the council;
(6) To require the registration of probationary candidates with the
academy within ten days of hiring for the purpose of scheduling
training;
(7) To issue appropriate certification to police officers who have
satisfactorily completed minimum basic training programs;
(8) To require that each police officer satisfactorily complete at least
forty hours of certified review training every three years in order to
maintain certification, unless the officer is granted additional time not
to exceed one year to complete such training by the council;
(9) To develop an interactive electronic computer platform capable of
administering training courses and to authorize police officers to
complete certified review training at a local police department facility
by means of such platform;
(10) To renew the certification of those police officers who have
satisfactorily completed review training programs and submitted to a
urinalysis drug test that screens for controlled substances, including,
but not limited to, anabolic steroids, the result of which indicated no
presence of any controlled substance not prescribed for the officer;
(11) To establish, in consultation with the Commissioner of
Emergency Services and Public Protection, uniform minimum
educational and training standards for employment as a police officer
in full-time positions, temporary or probationary positions and part-
time or voluntary positions;
(12) To develop, in consultation with the Commissioner of
Emergency Services and Public Protection, a schedule to visit and
inspect police basic training schools and to inspect each school at least House Bill No. 6004
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once each year;
(13) To consult with and cooperate with universities, colleges and
institutes for the development of specialized courses of study for police
officers in police science and police administration;
(14) To work with the Commissioner of Emergency Services and
Public Protection and with departments and agencies of this state and
other states and the federal government concerned with police training;
(15) To make recommendations to the Commissioner of Emergency
Services and Public Protection concerning a training academy
administrator, who shall be appointed by the commissioner, and
concerning the hiring of staff, within available appropriations, that may
be necessary in the performance of its functions;
(16) To perform any other acts that may be necessary and appropriate
to carry out the functions of the council as set forth in sections 7-294a to
7-294e, inclusive;
(17) To accept, with the approval of the Commissioner of Emergency
Services and Public Protection, contributions, grants, gifts, donations,
services or other financial assistance from any governmental unit, public
agency or the private sector;
(18) To conduct any inspection and evaluation that may be necessary
to determine if a law enforcement unit is complying with the provisions
of this section;
(19) At the request and expense of any law enforcement unit, to
conduct general or specific management surveys;
(20) To develop objective and uniform criteria for recommending any
waiver of regulations or granting a waiver of procedures established by
the council; House Bill No. 6004
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(21) To recruit, select and appoint candidates to the position of
municipal probationary candidate [, as defined in section 7-294a,] and
provide recruit training for candidates of the Connecticut Police Corps
program in accordance with the Police Corps Act, 42 USC 14091 et seq.,
as amended from time to time;
(22) [To] (A) Until December 31, 2024, to develop, adopt and revise,
as necessary, comprehensive accreditation standards for the
administration and management of law enforcement units, to grant
accreditation to those law enforcement units that demonstrate their
compliance with such standards and, at the request and expense of any
law enforcement unit, to conduct such surveys as may be necessary to
determine such unit's compliance with such standards; and (B) on and
after January 1, 2025, to work with any law enforcement unit that has
failed to obtain or maintain accreditation from the Commission on
Accreditation for Law Enforcement Agencies, Inc., pursuant to section
7-294ee;
(23) To recommend to the commissioner the appointment of any
council training instructor, or such other person as determined by the
council, to act as a special police officer throughout the state as such
instructor or other person's official duties may require, provided any
such instructor or other person so appointed shall be a certified police
officer. Each such special police officer shall be sworn and may arrest
and present before a competent authority any person for any offense
committed within the officer's precinct; [.] and
(24) To develop and implement written policies, on or before January
1, 2021, in consultation with the Commissioner of Emergency Services
and Public Protection concerning the requirements that all police
officers undergo periodic behavioral health assessments as set forth in
section 16 of this act. Such written policies shall, at a minimum, address
(A) the confidentiality of such assessments, including, but not limited
to, compliance with all provisions of the Health Insurance Portability House Bill No. 6004
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and Accountability Act of 1996, P.L. 104-191, as amended from time to
time, (B) the good faith reasons that the administrative head of a law
enforcement unit, as defined in section 16 of this act, may rely upon
when requesting that a police officer undergo an additional assessment,
(C) the availability of behavioral health treatment services that will be
afforded to any police officer required to undergo a behavioral health
assessment pursuant to section 16 of this act, (D) the ability of a police
officer to review and contest the results of any such assessment, (E)
permissible personnel actions, if any, that may be taken by a law
enforcement unit based on the results of such assessments while taking
into consideration the due process rights of a police officer, (F) the
process for selecting psychiatrists and psychologists to conduct such
assessments, and (G) financial considerations that may be incurred by
law enforcement units or police officers that are attributable to
conducting such assessments.
(b) No person may be employed as a police officer by any law
enforcement unit for a period exceeding one year unless such person
has been certified under the provisions of subsection (a) of this section
or has been granted an extension by the council. No person may serve
as a police officer during any period when such person's certification
has been cancelled or revoked pursuant to the provisions of subsection
(c) of this section. In addition to the requirements of this subsection, the
council may establish other qualifications for the employment of police
officers and require evidence of fulfillment of these qualifications. The
certification of any police officer who is not employed by a law
enforcement unit for a period of time in excess of two years, unless such
officer is on leave of absence, shall be considered lapsed. Upon
reemployment as a police officer, such officer shall apply for
recertification in a manner provided by the council, provided such
recertification process requires the police officer to submit to a urinalysis
drug test that screens for controlled substances, including, but not
limited to, anabolic steroids, and receive a result indicating no presence House Bill No. 6004
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of any controlled substance not prescribed for the officer. The council
shall certify any applicant who presents evidence of satisfactory
completion of a program or course of instruction in another state or, if
the applicant is a veteran or a member of the armed forces or the
National Guard, as part of training during service in the armed forces,
that is equivalent in content and quality to that required in this state,
provided such applicant passes an examination or evaluation as
required by the council. For the purposes of this section, "veteran"
means any person who was discharged or released under conditions
other than dishonorable from active service in the armed forces and
"armed forces" has the same meaning as provided in section 27-103.
(c) (1) The council may refuse to renew any certificate if the holder
fails to meet the requirements for renewal of his or her certification.
(2) The council may cancel or revoke any certificate if: (A) The
certificate was issued by administrative error, (B) the certificate was
obtained through misrepresentation or fraud, (C) the holder falsified
any document in order to obtain or renew any certificate, (D) the holder
has been convicted of a felony, (E) the holder has been found not guilty
of a felony by reason of mental disease or defect pursuant to section 53a-
13, (F) the holder has been convicted of a violation of section 21a-279,
(G) the holder has been refused issuance of a certificate or similar
authorization or has had his or her certificate or other authorization
cancelled or revoked by another jurisdiction on grounds which would
authorize cancellation or revocation under the provisions of this
subdivision, (H) the holder has been found by a law enforcement unit,
pursuant to procedures established by such unit, to have used a firearm
in an improper manner which resulted in the death or serious physical
injury of another person, (I) the holder has been found by a law
enforcement unit, pursuant to procedures established by such unit and
considering guidance developed under subsection (g) of this section, to
have engaged in conduct that undermines public confidence in law House Bill No. 6004
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enforcement, including, but not limited to, discriminatory conduct,
falsification of reports or a violation of the Alvin W. Penn Racial
Profiling Prohibition Act pursuant to sections 54-1l and 54-1m,
provided, when evaluating any such conduct, the council considers
such conduct engaged in while the holder is acting in such holder's law
enforcement capacity or representing himself or herself to be a police
officer to be more serious than such conduct engaged in by a holder not
acting in such holder's law enforcement capacity or representing himself
or herself to be a police officer; (J) the holder has been found by a law
enforcement unit, pursuant to procedures established by such unit, to
have used physical force on another person in a manner that is excessive
or used physical force in a manner found to not be justifiable after an
investigation conducted pursuant to section 51-277a, or [(I)] (K) the
holder has been found by a law enforcement unit, pursuant to
procedures established by such unit, to have committed any act that
would constitute tampering with or fabricating physical evidence in
violation of section 53a-155, perjury in violation of section 53a-156 or
false statement in violation of section 53a-157b. Whenever the council
believes there is a reasonable basis for suspension, cancellation or
revocation of the certification of a police officer, police training school
or law enforcement instructor, it shall give notice and an adequate
opportunity for a hearing prior to such suspension, cancellation or
revocation. Such hearing shall be conducted in accordance with the
provisions of chapter 54. Any holder aggrieved by the decision of the
council may appeal from such decision in accordance with the
provisions of section 4-183. The council may cancel or revoke any
certificate if, after a de novo review, it finds by clear and convincing
evidence (i) a basis set forth in subparagraphs (A) to (G), inclusive, of
this subdivision, or (ii) that the holder of the certificate committed an act
set forth in subparagraph (H), [or (I)] (I), (J) or (K) of this subdivision. In
any such case where the council finds such evidence, but determines
that the severity of an act committed by the holder of the certificate does
not warrant cancellation or revocation of such holder's certificate, the House Bill No. 6004
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council may suspend such holder's certification for a period of up to
forty-five days and may censure such holder of the certificate. Any
police officer or law enforcement instructor whose certification is
cancelled or revoked pursuant to this section may reapply for
certification no sooner than two years after the date on which the
cancellation or revocation order becomes final. Any police training
school whose certification is cancelled or revoked pursuant to this
section may reapply for certification at any time after the date on which
such order becomes final.
(d) Notwithstanding the provisions of subsection (b) of this section,
(1) any police officer, except a probationary candidate, who is serving
under full-time appointment on July 1, 1982, and (2) any sworn member
of the Division of State Police within the Department of Emergency
Services and Public Protection, except a probationary candidate, who is
serving under full-time appointment on the effective date of this section,
shall be deemed to have met all certification requirements and shall be
automatically certified by the council in accordance with the provisions
of subsection (a) of section 7-294e.
(e) The provisions of this section shall apply to any person who
performs police functions. As used in this subsection, "performs police
functions" for a person who is not a police officer, as defined in section
7-294a, means that in the course of such person's official duties, such
person carries a firearm and exercises arrest powers pursuant to section
54-1f or engages in the prevention, detection or investigation of crime,
as defined in section 53a-24. The council shall establish criteria by which
the certification process required by this section shall apply to police
officers.
(f) The provisions of this section shall not apply to (1) [any state police
training school or program, (2) any sworn member of the Division of
State Police within the Department of Emergency Services and Public
Protection, (3)] Connecticut National Guard security personnel, when House Bill No. 6004
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acting within the scope of their National Guard duties, who have
satisfactorily completed a program of police training conducted by the
United States Army or Air Force, [(4)] (2) employees of the Judicial
Department, [(5)] (3) municipal animal control officers appointed
pursuant to section 22-331, or [(6)] (4) fire police appointed pursuant to
section 7-313a. The provisions of this section with respect to renewal of
certification upon satisfactory completion of review training programs
shall not apply to any chief inspector or inspector in the Division of
Criminal Justice who has satisfactorily completed a program of police
training conducted by the division. Notwithstanding the provisions of
subsection (b) of this section, any police officer certified in accordance
with subsection (a) of this section may accept employment with another
police department within this state without repeating minimum basic
training.
(g) The council may develop and issue written guidance to law
enforcement units concerning grounds for suspension, cancellation or
revocation of certification. Such written guidance may include, but not
be limited to, (1) reporting procedures to be followed by chief law
enforcement officers for certificate suspension, cancellation or
revocation, (2) examples of conduct that undermines public confidence
in law enforcement, (3) examples of discriminatory conduct, and (4)
examples of misconduct while the certificate holder may not be acting
in such holder's law enforcement capacity or representing himself or
herself to be a police officer, but may be serious enough for suspension,
cancellation or revocation of the holder's certificate. Such written
guidance shall be available on the council's Internet web site.
Sec. 4. Section 7-294e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Notwithstanding the provisions of any general statute or special
act or local law, ordinance or charter to the contrary, each police officer
shall forfeit such officer's appointment and position unless recertified House Bill No. 6004
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by the council according to procedures and within the time frame
established by the council. Any sworn member of the Division of State
Police within the Department of Emergency Services and Public
Protection who is deemed certified under subsection (d) of section 7-
294d is required to apply for recertification by the council within the
time frame established by the council, unless such member retires from
said division within such time frame.
(b) The Police Officer Standards and Training Council may
recommend to the Commissioner of Emergency Services and Public
Protection any regulations it deems necessary to carry out the
provisions of section 7-294a, subsection (a) of section 7-294b, sections 7-
294c and 7-294d and this section, giving due consideration to the
varying factors and special requirements of law enforcement units.
(c) The Commissioner of Emergency Services and Public Protection
may adopt regulations, in accordance with the provisions of chapter 54,
as are necessary to implement the provisions of section 7-294a,
subsection (a) of section 7-294b, sections 7-294c and 7-294d and this
section. Such regulations shall be binding upon all law enforcement
units. [, except the Division of State Police within the Department of
Emergency Services and Public Protection.]
Sec. 5. (NEW) (Effective from passage) (a) As used in this section, "police
officer" has the same meaning as provided in section 7-294a of the
general statutes.
(b) The Police Officer Standards and Training Council, in
consultation with the Commissioner of Emergency Services and Public
Protection, the Chief State's Attorney, the Connecticut Police Chiefs
Association and the Connecticut Coalition of Police and Correctional
Officers, shall adopt, in accordance with the provisions of chapter 54 of
the general statutes, a uniform, state-wide policy for managing crowds
by police officers. Such policy shall include a definition of the term House Bill No. 6004
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"crowd" and reflect factors that affect the management of crowds by
police officers, including, but not limited to, the size of the crowd, the
location where a crowd has gathered, the time of day when a crowd has
gathered and the purpose for any such gathering. In addition, the policy
shall establish guidelines for managing crowds in a manner that: (1)
Protects individual rights and preserves the peace d uring
demonstrations and civil disturbances, (2) addresses the permissible
and impermissible uses of force by a police officer and the type and
amount of training in crowd management that each police officer shall
undergo, and (3) sets forth the documentation required following any
physical confrontation between a police officer and a civilian during a
crowd management incident.
(c) The Police Officer Standards and Training Council, in consultation
with the Commissioner of Emergency Services and Public Protection,
the Chief State's Attorney, the Connecticut Police Chiefs Association
and the Connecticut Coalition of Police and Correctional Officers, shall
(1) not later than December 1, 2020, post on the eRegulations System,
established pursuant to section 4-173b of the general statutes, a notice of
intent to adopt regulations setting forth the crowd management policy
adopted pursuant to subsection (b) of this section in accordance with the
provisions of chapter 54 of the general statutes, and (2) at least once
during each five-year period thereafter, amend such regulations to
update such policy.
(d) On and after the date the crowd management policy is adopted in
regulations pursuant to subsection (b) of this section, (1) the chief of
police or Commissioner of Emergency Services and Public Protection,
as the case may be, shall inform each officer within such chief's or said
commissioner's department and each officer responsible for law
enforcement in a municipality in which there is no organized police
department of the existence of the crowd management policy to be
employed by any such officer and shall take whatever measures are House Bill No. 6004
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necessary to ensure that each such officer understands the crowd
management policy established under this section, and (2) each police
basic or review training program conducted or administered by the
Division of State Police within the Department of Emergency Services
and Public Protection, the Police Officer Standards and Training
Council or a municipal police department shall include training in such
policy.
Sec. 6. Section 29-8 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
In case of riot or civil commotion in any part of the state, the Division
of State Police within the Department of Emergency Services and Public
Protection, on order of the Governor, shall use its best efforts to suppress
the same. In the event of such participation by the Division of State
Police in the suppression of any riot or similar disorder, the same
immunities and privileges as apply to the organized militia shall apply
to the members of said division, provided, after the crowd management
policy has been adopted as a regulation under section 5 of this act, any
such member is in substantial compliance with such policy.
Sec. 7. Section 7-294s of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Each police basic or review training program conducted or
administered by the Division of State Police within the Department of
Emergency Services and Public Protection, the Police Officer Standards
and Training Council established under section 7-294b or a municipal
police department in the state shall include tactical training for police
officers regarding the use of physical force, training in the use of body-
worn recording equipment and the retention of data created by such
equipment, and cultural competency and sensitivity and bias-free
policing training, including, but not limited to, implicit bias training. As
used in this section, "implicit bias training" means training on how to House Bill No. 6004
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recognize and mitigate unconscious biases against a particular segment
of the population that might influence a police officer's judgments and
decisions when interacting with a member of such segment of the
population.
Sec. 8. Subsection (e) of section 5-278 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(e) [Where] (1) Except as provided in subdivision (2) of this
subsection, where there is a conflict between any agreement or
arbitration award approved in accordance with the provisions of
sections 5-270 to 5-280, inclusive, on matters appropriate to collective
bargaining, as defined in said sections, and any general statute or special
act, or regulations adopted by any state agency, the terms of such
agreement or arbitration award shall prevail; provided if participation
of any employees in a retirement system is effected by such agreement
or arbitration award, the effective date of participation in said system,
notwithstanding any contrary provision in such agreement or
arbitration award, shall be the first day of the third month following the
month in which a certified copy of such agreement or arbitration award
is received by the Retirement Commission or such later date as may be
specified in the agreement or arbitration award.
(2) For any agreement or arbitration award approved before, on or
after the effective date of this section, in accordance with the provisions
of sections 5-270 to 5-280, inclusive, on matters appropriate to collective
bargaining, as defined in said sections, where any provision in such
agreement or award pertaining to the disclosure of disciplinary matters
or alleged misconduct would prevent the disclosure of documents
required to be disclosed under the provisions of the Freedom of
Information Act, as defined in section 1-200, the provisions of the
Freedom of Information Act shall prevail. The provisions of this
subdivision shall not be construed to diminish a bargaining agent's House Bill No. 6004
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access to information pursuant to state law.
Sec. 9. (NEW) (Effective from passage) No collective bargaining
agreement or arbitration award entered into before, on or after the
effective date of this section, by the state and any collective bargaining
unit of the Division of State Police within the Department of Emergency
Services and Public Protection may prohibit the disclosure of any
disciplinary action based on a violation of the code of ethics contained
in the personnel file of a sworn member of said division.
Sec. 10. Section 7-291a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) If a law enforcement unit serves a community with a relatively
high concentration of minority residents, the unit shall make efforts to
recruit, retain and promote minority police officers so that the racial and
ethnic diversity of such unit is representative of such community. Such
efforts may include, but are not limited to: (1) Efforts to attract young
persons from the community such unit serves to careers in law
enforcement through enrollment and participation in police athletic
leagues in which police officers support young persons of the
community through mentoring, sports, education and by fostering a
positive relationship between such persons and police officers, the
implementation of explorer programs and cadet units and support for
public safety academies; (2) community outreach; and (3)
implementation of policies providing that when there is a vacant
position in such unit, such position shall be filled by hiring or promoting
a minority candidate when the qualifications of such candidate exceed
or are equal to that of any other candidate or candidates being
considered for such position when such candidates are ranked on a
promotion or examination register or list. For purposes of this section,
"minority" means an individual whose race is defined as other than
white, or whose ethnicity is defined as Hispanic or Latino by the federal
Office of Management and Budget for use by the Bureau of Census of House Bill No. 6004
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the United States Department of Commerce.
(b) Not later than January 1, 2021, and annually thereafter, the board
of police commissioners, the chief of police, the superintendent of police
or other authority having charge of a law enforcement unit that serves a
community with a relatively high concentration of minority residents
shall report to the Police Officer Standards and Training Council on the
community's efforts to recruit, retain and promote minority police
officers.
Sec. 11. Section 7-294c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
[The] Not later than January 1, 2021, and annually thereafter, the
council shall submit an annual report, in accordance with the provisions
of section 11-4a, to the Governor and the joint standing committees of
the General Assembly having cognizance of matters relating to the
judiciary and public safety which shall include pertinent data regarding
(1) the comprehensive municipal police training plan, (2) the
recruitment, retention and promotion of minority police officers, and (3)
an accounting of all grants, contributions, gifts, donations or other
financial assistance.
Sec. 12. Section 6 of public act 19-90 is repealed and the following is
substituted in lieu thereof (Effective from passage):
(a) There is established a task force to study police transparency and
accountability. The task force shall examine: (1) Police officer
interactions with individuals who are individuals with a mental,
intellectual or physical disability; (2) the merits and feasibility of police
officers who conduct traffic stops issuing a receipt to each individual
being stopped that includes the reason for the stop and records the
demographic information of the person being stopped; [and] (3)
strategies that can be utilized by communities to increase the House Bill No. 6004
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recruitment, retention and promotion of minority police officers, as
required by section 7-291a of the general statutes; (4) strategies that can
be utilized by communities to increase the recruitment, retention and
promotion of female police officers; (5) the merits and feasibility of
requiring police officers to procure and maintain professional liability
insurance as a condition of employment; (6) the merits and feasibility of
requiring a municipality to maintain professional liability insurance on
behalf of its police officers; (7) the establishment of primary and
secondary traffic violations in the general statutes; (8) the establishment
of a requirement in the general statutes that any police traffic stop be
based on the enforcement of a primary traffic violation; (9) how a police
officer executes a warrant to enter a residence without giving audible
notice of the police officer's presence, authority and purpose before
entering in this state and under the laws of other states, including
verification procedures of the address where the warrant is to be
executed and any documentation that a police officer should leave for
the residents where the warrant was executed; (10) how a professional
bondsman under chapter 533 of the general statutes, a surety bail bond
agent under chapter 700f of the general statutes or a bail enforcement
agent under sections 29-152f to 29-152i, inclusive, of the general statutes
take into custody the principal on a bond who has failed to appear in
court and for whom a rearrest warrant or a capias has been issued
pursuant to section 54-65a of the general statutes, in this state and other
states, including what process of address verification is used and
whether any documentation is left with a resident where the warrant
was executed; (11) whether any of the grounds for revocation or
cancellation of a police officer certification under section 7-294d of the
general statutes should result in mandatory revocation by the Police
Officer Standards and Training Council, as opposed to discretionary
revocation; and (12) any other police officer and transparency and
accountability issue the task force deems appropriate.
(b) The task force shall consist of the following members: House Bill No. 6004
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(1) Two appointed by the speaker of the House of Representatives,
one of whom is an individual with a mental, intellectual or physical
disability;
(2) Two appointed by the president pro tempore of the Senate, one of
whom is a justice-impacted individual;
(3) One appointed by the majority leader of the House of
Representatives, who shall be a member of the Black and Puerto Rican
Caucus of the General Assembly;
(4) One appointed by the majority leader of the Senate, who shall be
a member of the Connecticut Police Chiefs Association;
(5) Two appointed by the minority leader of the House of
Representatives;
(6) Two appointed by the minority leader of the Senate;
(7) The undersecretary of the Criminal Justice Policy and Planning
Division within the Office of Policy and Management, or the
undersecretary's designee, as a nonvoting member;
(8) The Commissioner [of the Department] of Emergency Services
and Public Protection, or the commissioner's designee, as a nonvoting
member; and
(9) The Chief State's Attorney, or the Chief State's Attorney designee,
as a nonvoting member.
(c) Any member of the task force appointed under subdivision (1),
(2), (3), (5) or (6) of subsection (b) of this section may be a member of the
General Assembly.
(d) All appointments to the task force shall be made not later than
thirty days after the effective date of this section. Any vacancy shall be House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 19 of 72
filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro
tempore of the Senate shall select the chairpersons of the task force from
among the members of the task force. Such chairpersons shall schedule
the first meeting of the task force, which shall be held not later than sixty
days after the effective date of this section.
(f) The administrative staff of the joint standing committees of the
General Assembly having cognizance of matters relating to the judiciary
and public safety shall serve as administrative staff of the task force.
(g) Not later than January 1, [2020] 2021, the task force shall submit a
preliminary report and not later than December 31, [2020] 2021, a final
report on its findings and any recommendations for legislation to the
joint standing committees of the General Assembly having cognizance
of matters relating to the judiciary and public safety, in accordance with
the provisions of section 11-4a of the general statutes. The task force
shall terminate on the date that it submits such report or December 31,
[2020] 2021, whichever is later.
Sec. 13. Section 7-294b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) There shall be a Police Officer Standards and Training Council
which shall be within the Department of Emergency Services and Public
Protection. [and which] Until December 31, 2020, the council shall
consist of the following members appointed by the Governor: (1) A chief
administrative officer of a town or city in Connecticut; (2) the chief
elected official or chief executive officer of a town or city in Connecticut
with a population under twelve thousand which does not have an
organized police department; (3) a member of the faculty of The
University of Connecticut; (4) eight members of the Connecticut Police
Chiefs Association who are holding office or employed as chief of police House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 20 of 72
or the highest ranking professional police officer of an organized police
department of a municipality within the state; (5) the Chief State's
Attorney; (6) a sworn municipal police officer whose rank is sergeant or
lower; and (7) five public members. [The Commissioner of Emergency
Services and Public Protection and the Federal Bureau of Investigation
special agent-in-charge in Connecticut or their designees shall be voting
ex-officio members of the council. Any nonpublic member of the council
shall immediately, upon the termination of such member's holding the
office or employment that qualified such member for appointment,
cease to be a member of the council. A member appointed to fill a
vacancy shall be appointed for the unexpired term of the member whom
such member is to succeed in the same manner as the original
appointment. The Governor shall appoint a chairperson and the council
shall appoint a vice-chairperson and a secretary from among the
members. The members of the council shall serve without compensation
but shall be entitled to actual expenses involved in the performance of
their duties.]
(b) On and after January 1, 2021, the council shall consist of the
following members:
(1) The chief elected official or chief executive officer of a town or city
within the state with a population in excess of fifty thousand, appointed
by the Governor;
(2) The chief elected official or chief executive officer of a town or city
within the state with a population of fifty thousand or less, appointed
by the Governor;
(3) A member of the faculty of an institution of higher education in
the state who has a background in criminal justice studies, appointed by
the Governor;
(4) A member of the Connecticut Police Chiefs Association who is House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 21 of 72
holding office or employed as the chief of police, the deputy chief of
police or a senior ranking professional police officer of an organized
police department of a municipality within the state with a population
in excess of one hundred thousand, appointed by the Governor;
(5) A member of the Connecticut Police Chiefs Association who is
holding office or employed as chief of police or the highest ranking
professional police officer of an organized police department of a
municipality within the state with a population in excess of sixty
thousand but not exceeding one hundred thousand, appointed by the
Governor;
(6) A member of the Connecticut Police Chiefs Association who is
holding office or employed as chief of police or the highest ranking
professional police officer of an organized police department of a
municipality within the state with a population in excess of thirty-five
thousand but not exceeding sixty thousand, appointed by the Governor;
(7) A sworn municipal police officer from a municipality within the
state with a population exceeding fifty thousand, appointed by the
Governor;
(8) A sworn municipal police officer from a municipality within the
state with a population not exceeding fifty thousand, appointed by the
Governor;
(9) The commanding officer of the Connecticut State Police Academy;
(10) A member of the public, who is a person with a physical
disability or an advocate on behalf of persons with physical disabilities,
appointed by the Governor;
(11) A victim of crime or the immediate family member of a deceased
victim of crime, appointed by the Governor; House Bill No. 6004
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(12) A medical professional, appointed by the Governor;
(13) The Chief State's Attorney;
(14) A member of the Connecticut Police Chiefs Association or the
person holding office or employed as chief of police or the highest
ranking professional police officer of an organized police department
within the state, appointed by the speaker of the House of
Representatives;
(15) A member of the Connecticut Police Chiefs Association or the
person holding office or employed as chief of police or the highest
ranking professional police officer of an organized police department
within the state, appointed by the president pro tempore of the Senate;
(16) A member of the Connecticut Police Chiefs Association who is
holding office or employed as chief of police or the highest ranking
professional police officer of an organized police department of a
municipality within the state with a population not exceeding thirty-five
thousand, appointed by the minority leader of the Senate;
(17) A member of the public who is a justice-impacted person,
appointed by the majority leader of the House of Representatives;
(18) A member of the public who is a justice-impacted person,
appointed by the majority leader of the Senate; and
(19) A member of the public who is a person with a mental disability
or an advocate on behalf of persons with mental disabilities, appointed
by the minority leader of the House of Representatives.
(c) The Commissioner of Emergency Services and Public Protection
and the Federal Bureau of Investigation special agent-in-charge in
Connecticut or their designees shall be voting ex-officio members of the
council. Any member who fails to attend three consecutive meetings or House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 23 of 72
who fails to attend fifty per cent of all meetings held during any
calendar year shall be deemed to have resigned from the council. Any
nonpublic member of the council shall immediately, upon the
termination of such member's holding the office or employment that
qualified such member for appointment, cease to be a member of the
council. Any vacancy shall be filled by the appointing authority. A
member appointed to fill a vacancy shall be appointed for the unexpired
term of the member whom such member is to succeed in the same
manner as the original appointment. The Governor shall appoint a
chairperson and the council shall appoint a vice-chairperson and a
secretary from among the members.
[(b)] (d) Membership on the council shall not constitute holding a
public office. No member of the council shall be disqualified from
holding any public office or employment by reason of his appointment
to or membership on the council nor shall any member forfeit any such
office or employment by reason of his appointment to the council,
notwithstanding the provisions of any general statute, special act or
local law, ordinance or charter.
Sec. 14. (NEW) (Effective from passage) (a) Except as specified in the
model policy adopted and promulgated pursuant to the provisions of
subsection (b) of this section, on and after January 1, 2021, any police
officer, as defined in section 7-294a of the general statutes, who is
authorized to make arrests or who is otherwise required to have daily
interactions with members of the public, shall be required to affix and
prominently display on the outer-most garment of such officer's
uniform the badge and name tag that has been issued to such officer by
the law enforcement unit, as defined in section 7-294a of the general
statutes, that employs such officer.
(b) Not later than December 31, 2020, the Commissioner of
Emergency Services and Public Protection and the Police Officer
Standards and Training Council shall jointly develop and promulgate a House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 24 of 72
model policy to implement the provisions of subsection (a) of this
section. Such model policy shall include, but not be limited to, the time,
place and manner for ensuring compliance with the provisions of
subsection (a) of this section. Such model policy may include specified
instances when compliance with the provisions of subsection (a) of this
section shall not be required due to public safety-related considerations
or other practical considerations, including, but not limited to, the
sensitive nature of a police investigation or a police officer's
involvement in an undercover assignment.
Sec. 15. Section 7-294a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
As used in this section, [and] sections 7-294b to 7-294e, inclusive, and
section 16 of this act:
(1) "Academy" means the Connecticut Police Academy;
(2) "Applicant" means a prospective police officer who has not
commenced employment or service with a law enforcement unit;
(3) "Basic training" means the minimum basic law enforcement
training received by a police officer at the academy or at any other
certified law enforcement training academy;
(4) "Certification" means the issuance by the Police Officer Standards
and Training Council to a police officer, police training school or law
enforcement instructor of a signed instrument evidencing satisfaction of
the certification requirements imposed by section 7-294d, and signed by
the council;
(5) "Council" means the Police Officer Standards and Training
Council;
(6) "Governor" includes any person performing the functions of the House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 25 of 72
Governor by authority of the law of this state;
(7) "Review training" means training received after minimum basic
law enforcement training;
(8) "Law enforcement unit" means any agency [, organ] or department
of this state or a subdivision or municipality thereof, or, if created and
governed by a memorandum of agreement under section 47-65c, of the
Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of
Connecticut, whose primary functions include the enforcement of
criminal or traffic laws, the preservation of public order, the protection
of life and property, or the prevention, detection or investigation of
crime;
(9) "Police officer" means a sworn member of an organized local
police department or of the Division of State Police within the
Department of Emergency Services and Public Protection, an appointed
constable who performs criminal law enforcement duties, a special
policeman appointed under section 29-18, 29-18a or 29-19 or any
member of a law enforcement unit who performs police duties;
(10) "Probationary candidate" means a police officer who, having
satisfied preemployment requirements, has commenced employment
with a law enforcement unit but who has not satisfied the training
requirements provided for in section 7-294d; and
(11) "School" means any school, college, university, academy or
training program approved by the council which offers law enforcement
training and includes a combination of a course curriculum, instructors
and facilities.
Sec. 16. (NEW) (Effective from passage) (a) As used in this section: (1)
"Administrative head of each law enforcement unit" means the
Commissioner of Emergency Services and Public Protection, the board
of police commissioners, the chief of police, superintendent of police or House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 26 of 72
other authority having charge of a law enforcement unit; and (2)
"behavioral health assessment" means a behavioral health assessment of
a police officer conducted by a board-certified psychiatrist or
psychologist licensed pursuant to the provisions of chapter 383 of the
general statutes, who has experience diagnosing and treating post-
traumatic stress disorder.
(b) On and after January 1, 2021, the administrative head of each law
enforcement unit shall require each police officer employed by such law
enforcement unit to submit, as a condition of continued employment, to
a periodic behavioral health assessment. Each police officer employed
by a law enforcement unit shall submit to a periodic behavioral health
assessment not less than once every five years. In carrying out the
provisions of this section, the administrative head of each law
enforcement unit may stagger the scheduling of such behavioral health
assessments in a manner that results in approximately twenty per cent
of the total number of police officers in the law enforcement unit
receiving behavioral health assessments each year over a five-year
period. Notwithstanding the provisions of this subsection, the
administrative head of a law enforcement unit may waive the
requirement that a police officer submit to a periodic behavioral health
assessment when the police officer has submitted written notification of
his or her decision to retire from the law enforcement unit to such
administrative head, provided the effective date of such retirement is
not more than six months beyond the date on which such periodic
behavioral health assessment is scheduled to occur.
(c) In addition to the behavioral health assessments required
pursuant to subsection (b) of this section, the administrative head of
each law enforcement unit may, for good cause shown, require a police
officer to submit to an additional behavioral health assessment. The
administrative head of a law enforcement unit requiring that a police
officer submit to an additional behavioral health assessment shall House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 27 of 72
provide the police officer with a written statement setting forth the good
faith basis for requiring the police officer to submit to an additional
behavioral health assessment. Upon receiving such written statement,
the police officer shall, not later than thirty days after the date of the
written request, submit to such behavioral health assessment.
(d) A law enforcement unit that hires any person as a police officer,
who was previously employed as a police officer by another law
enforcement unit or employed as a police officer in any other
jurisdiction, may require such new hire to submit to a behavioral health
assessment not later than six months after the date of hire. When
determining whether such new hire shall be required to submit to a
behavioral health assessment, the law enforcement unit shall give due
consideration to factors that include, but are not limited to, the date on
which such new hire most recently submitted to a behavioral health
assessment.
(e) Any person conducting a behavioral health assessment of a police
officer pursuant to the provisions of this section shall provide a written
copy of the results of such assessment to the police officer and to the
administrative head of the law enforcement unit employing the police
officer.
(f) The results of any behavioral health assessment conducted in
accordance with the provisions of this section and any record or note
maintained by a psychiatrist or psychologist in connection with the
conducting of such assessment shall not be subject to disclosure under
section 1-210 of the general statutes.
Sec. 17. (NEW) (Effective from passage) (a) The legislative body of a
town may, by ordinance, establish a civilian police review board. The
ordinance shall, at a minimum, prescribe: (1) The scope of authority of
the civilian police review board; (2) the number of members of the
civilian police review board; (3) the process for the selection of board House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 28 of 72
members, whether elected or appointed; (4) the term of office for board
members; and (5) the procedure for filling any vacancy in the
membership of the civilian police review board.
(b) Any civilian police review board established pursuant to
subsection (a) of this section may be vested with the authority to: (1)
Issue subpoenas to compel the attendance of witnesses before such
board; and (2) require the production for examination of any books and
papers that such board deems relevant to any matter under
investigation or in question.
(c) The provisions of this section shall not be construed to affect the
operation of, or impose any limitation upon, a civilian police review
board established prior to the effective date of this section.
(d) Upon receipt of a written request from the Office of the Inspector
General, established pursuant to section 33 of this act, a civilian police
review board shall stay and take no further action in connection with
any proceeding that is the subject of an investigation or criminal
prosecution that is being conducted pursuant to said section or section
51-277a of the general statutes. Any stay of proceedings imposed
pursuant to this subsection shall not exceed six months from the date on
which the civilian police review board receives such written request
from the Office of the Inspector General, and such stay of proceedings
may be terminated sooner if the Office of the Inspector General provides
written notification to the civilian police review board that a stay of
proceedings is no longer required.
Sec. 18. (Effective from passage) Not later than six months after the
effective date of this section, the Department of Emergency Services and
Public Protection and each municipal police department shall complete
an evaluation of the feasibility and potential impact of the use of social
workers by the department for the purpose of remotely responding to
calls for assistance, responding in person to such calls or accompanying House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 29 of 72
a police officer on calls where the experience and training of a social
worker could provide assistance. Such evaluation shall consider
whether responses to certain calls and community interactions could be
managed entirely by a social worker or benefit from the assistance of a
social worker. Municipal police departments shall additionally consider
whether the municipality that the police department serves would
benefit from employing, contracting with or otherwise engaging social
workers to assist the municipal police department. Municipal police
departments may consider the use of mobile crisis teams or
implementing a regional approach with other municipalities as part of
any process to engage or further engage social workers to assist
municipal police departments. The Commissioner of Emergency
Services and Public Protection and each municipal police department
shall submit such evaluation immediately upon completion to the Police
Officer Standards and Training Council established under section 7-
294b of the general statutes.
Sec. 19. Section 29-6d of the 2020 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective July
1, 2022):
(a) For purposes of this section and section 7-277b:
[(1) "Law enforcement agency" means the Division of State Police
within the Department of Emergency Services and Public Protection, the
special police forces established pursuant to section 10a-156b and any
municipal police department that supplies any of its sworn members
with body-worn recording equipment;]
(1) "Law enforcement unit" has the same meaning as "law
enforcement unit" in section 7-294a;
(2) "Police officer" means a sworn member of a law enforcement
[agency who wears body-worn recording equipment] unit or any House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 30 of 72
member of a law enforcement unit who performs police duties;
(3) "Body-worn recording equipment" means an electronic recording
device that is capable of recording audio and video; [and]
(4) "Dashboard camera" means a dashboard camera with a remote
recorder, as defined in section 7-277b;
[(4)] (5) "Digital data storage device or service" means a device or
service that retains the data from the recordings made by body-worn
recording equipment using computer data storage; and
(6) "Police patrol vehicle" means any state or local police vehicle other
than an administrative vehicle in which an occupant is wearing body-
worn camera equipment, a bicycle, a motor scooter, an all-terrain
vehicle, an electric personal assistive mobility device, as defined in
subsection (a) of section 14-289h, or an animal control vehicle.
(b) The Commissioner of Emergency Services and Public Protection
and the Police Officer Standards and Training Council shall jointly
evaluate and approve the minimal technical specifications of body-worn
recording equipment that [may] shall be worn by police officers
pursuant to this section, dashboard cameras that shall be used in each
police patrol vehicle and digital data storage devices or services that
[may] shall be used by a law enforcement [agency] unit to retain the data
from the recordings made by such equipment. [Not later than January
1, 2016, the] The commissioner and council shall make such minimal
technical specifications available to each law enforcement [agency] unit
in a manner determined by the commissioner and council. The
commissioner and council may revise the minimal technical
specifications when the commissioner and council determine that
revisions to such specifications are necessary.
(c) (1) [On and after July 1, 2019, each sworn member of (A) the
Division of State Police within the Department of Emergency Services House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 31 of 72
and Public Protection, (B) the special police forces established pursuant
to section 10a-156b, (C) any municipal police department for a
municipality that is a recipient of grant-in-aid as reimbursement for
body-worn recording equipment pursuant to subparagraph (A), (B) or
(D) of subdivision (1) of subsection (b) of section 7-277b or subdivision
(2) of said subsection (b), and (D) any municipal police department for
any other municipality that is a recipient of grant-in-aid as
reimbursement for body-worn recording equipment pursuant to
subparagraph (C) of subdivision (1) of said subsection (b) if such sworn
member is supplied with such body-worn recording equipment,] Each
police officer shall use body-worn recording equipment while
interacting with the public in such sworn member's law enforcement
capacity, except as provided in subsection (g) of this section, or in the
case of a municipal police department, in accordance with the
department's policy [, if] adopted by the department and based on
guidelines maintained pursuant to subsection (j) of this section,
concerning the use of body-worn recording equipment.
[(2) Any sworn member of a municipal police department, other than
those described in subdivision (1) of this subsection, may use body-
worn recording equipment as directed by such department, provided
the use of such equipment and treatment of data created by such
equipment shall be in accordance with the provisions of subdivisions (3)
and (4) of this subsection, and subsections (d) to (j), inclusive, of this
section.]
[(3)] (2) Each police officer shall wear body-worn recording
equipment on such officer's outer-most garment and shall position such
equipment above the midline of such officer's torso when using such
equipment.
[(4)] (3) Body-worn recording equipment used pursuant to this
section shall conform to the minimal technical specifications approved
pursuant to subsection (b) of this section, except that a police officer may House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 32 of 72
use body-worn recording equipment that does not conform to the
minimal technical specifications approved pursuant to subsection (b) of
this section, if such equipment was purchased prior to January 1, 2016,
by the law enforcement [agency] unit employing such officer.
(4) Each law enforcement unit shall require usage of a dashboard
camera in each police patrol vehicle used by any police officer employed
by such unit in accordance with the unit's policy adopted by the unit
and based on guidelines maintained pursuant to subsection (j) of this
section, concerning dashboard cameras.
(d) Except as required by state or federal law, no person employed by
a law enforcement [agency] unit shall edit, erase, copy, share or
otherwise alter or distribute in any manner any recording made by
body-worn recording equipment or a dashboard camera or the data
from such recording.
(e) A police officer may review a recording from his or her body-worn
recording equipment or a dashboard camera in order to assist such
officer with the preparation of a report or otherwise in the performance
of his or her duties.
(f) If a police officer is giving a formal statement about the use of force
or if a police officer is the subject of a disciplinary investigation in which
a recording from body-worn recording equipment or a dashboard
camera [with a remote recorder, as defined in subsection (c) of section
7-277b,] is being considered as part of a review of an incident, the officer
shall (1) have the right to review such recording in the presence of the
officer's attorney or labor representative, and (2) have the right to review
recordings from other body-worn recording equipment capturing the
officer's image or voice during the incident. Not later than forty-eight
hours following an officer's review of a recording under subdivision (1)
of this subsection, or if the officer does not review the recording, not
later than ninety-six hours following the recorded incident, whichever House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 33 of 72
is earlier, such recording shall be disclosed, upon request, to the public,
subject to the provisions of subsection (g) of this section.
(g) (1) Except as otherwise provided by any agreement between a law
enforcement [agency] unit and the federal government, no police officer
shall use body-worn recording equipment or a dashboard camera, if
applicable, to intentionally record (A) a communication with other law
enforcement [agency] unit personnel, except that which may be
recorded as the officer performs his or her duties, (B) an encounter with
an undercover officer or informant or an officer performing detective
work described in guidelines developed pursuant to subsection (j) of
this section, (C) when an officer is on break or is otherwise engaged in a
personal activity, (D) a person undergoing a medical or psychological
evaluation, procedure or treatment, (E) any person other than a suspect
to a crime if an officer is wearing such equipment in a hospital or other
medical facility setting, or (F) in a mental health facility, unless
responding to a call involving a suspect to a crime who is thought to be
present in the facility.
(2) No record created using body-worn recording equipment or a
dashboard camera of (A) an occurrence or situation described in
subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection,
(B) a scene of an incident that involves (i) a victim of domestic or sexual
abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an
accident, if disclosure could reasonably be expected to constitute an
unwarranted invasion of personal privacy in the case of any such victim
described in this subparagraph, or (C) a minor, shall be subject to
disclosure under the Freedom of Information Act, as defined in section
1-200, and any such record shall be confidential, except that a record of
a minor shall be disclosed if (i) the minor and the parent or guardian of
such minor consent to the disclosure of such record, (ii) a police officer
is the subject of an allegation of misconduct made by such minor or the
parent or guardian of such minor, and the person representing such House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 34 of 72
officer in an investigation of such alleged misconduct requests
disclosure of such record for the sole purpose of preparing a defense to
such allegation, or (iii) a person is charged with a crime and defense
counsel for such person requests disclosure of such record for the sole
purpose of assisting in such person's defense and the discovery of such
record as evidence is otherwise discoverable.
(h) No police officer shall use body-worn recording equipment prior
to being trained in accordance with section 7-294s in the use of such
equipment and in the retention of data created by such equipment. [,
except that any police officer using such equipment prior to October 1,
2015, may continue to use such equipment prior to such training.] A law
enforcement [agency] unit shall ensure that each police officer such
[agency] unit employs receives such training at least annually and is
trained on the proper care and maintenance of such equipment.
(i) If a police officer is aware that any body-worn recording
equipment or dashboard camera is lost, damaged or malfunctioning,
such officer shall inform such officer's supervisor in writing as soon as
is practicable. Upon receiving such information, the supervisor shall
ensure that the body-worn recording equipment or dashboard camera
is inspected and repaired or replaced, as necessary. Each police officer
shall inspect and test body-worn recording equipment prior to each shift
to verify proper functioning, and shall notify such officer's supervisor
of any problems with such equipment.
(j) The Commissioner of Emergency Services and Public Protection
and the Police Officer Standards and Training Council shall jointly
maintain guidelines pertaining to the use of body-worn recording
equipment and dashboard cameras, including the type of detective
work an officer might engage in that should not be recorded, retention
of data created by such equipment and dashboard cameras and methods
for safe and secure storage of such data. The guidelines shall not require
a law enforcement unit to store such data for a period longer than one House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 35 of 72
year, except in the case where the unit knows the data is pertinent to any
ongoing civil, criminal or administrative matter. Each law enforcement
[agency] unit and any police officer and any other employee of such
[agency] unit who may have access to such data shall adhere to such
guidelines. The commissioner and council may update and reissue such
guidelines, as the commissioner and council determine necessary. The
commissioner and council shall, upon issuance of such guidelines or any
update to such guidelines, submit such guidelines in accordance with
the provisions of section 11-4a to the joint standing committees of the
General Assembly having cognizance of matters relating to the judiciary
and public safety.
Sec. 20. (NEW) (Effective from passage) (a) The Office of Policy and
Management shall, within available resources, administer a grant
program to provide a grant-in-aid to any municipality approved for
such a grant-in-aid by the office, for the costs associated with (1) the
purchase of body-worn recording equipment for use by the sworn
members of such municipality's police department or for use by
constables, police officers or other persons who perform criminal law
enforcement duties under the supervision of a resident state trooper
serving such municipality, and digital data storage devices or services,
provided such equipment, device or service conforms to the minimal
technical specifications approved pursuant to subsection (b) of section
29-6d of the general statutes, and (2) a first-time purchase by such
municipality of one or more dashboard cameras with a remote recorder
or the replacement by such municipality of one or more dashboard
cameras purchased prior to December 31, 2010, with one or more
dashboard cameras with a remote recorder, provided such dashboard
cameras with a remote recorder conform to the minimal technical
specifications approved pursuant to subsection (b) of section 29-6d of
the general statutes.
(b) Any municipality may apply for a grant-in-aid pursuant to this House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 36 of 72
section to the Secretary of the Office of Policy and Management on such
form and in such manner as prescribed by the secretary, who may
further prescribe additional technical or procurement requirements as a
condition of receiving such grant-in-aid.
(c) The Office of Policy and Management shall distribute grants-in-
aid pursuant to this section during the fiscal years ending June 30, 2021,
and June 30, 2022. Any such grant-in-aid shall be for up to fifty per cent
of the cost of such purchase of body-worn recording equipment, digital
data storage devices or services or dashboard cameras with a remote
recorder if the municipality is a distressed municipality, as defined in
section 32-9p of the general statutes, or up to thirty per cent of the cost
of such purchase if the municipality is not a distressed municipality,
provided the costs of such digital data storage services covered by a
grant-in-aid shall not be for a period of service that is longer than one
year.
(d) For the purposes of this section, (1) "body-worn recording
equipment" means an electronic recording device that is capable of
recording audio and video; (2) "dashboard camera with a remote
recorder" means a camera that affixes to a dashboard or windshield of a
police vehicle that electronically records video of the view through the
vehicle's windshield and has an electronic audio recorder that may be
operated remotely; and (3) "digital data storage device or service" means
a device or service that retains the data from the recordings made by
body-worn recording equipment using computer data storage.
Sec. 21. (NEW) (Effective October 1, 2020) (a) (1) No law enforcement
official may ask an operator of a motor vehicle to conduct a search of a
motor vehicle or the contents of the motor vehicle that is stopped by a
law enforcement official solely for a motor vehicle violation.
(2) Any search by a law enforcement official of a motor vehicle or the
contents of the motor vehicle that is stopped by a law enforcement House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 37 of 72
official solely for a motor vehicle violation shall be (A) based on
probable cause, or (B) after having received the unsolicited consent to
such search from the operator of the motor vehicle in written form or
recorded by body-worn recording equipment or a dashboard camera,
each as defined in section 29-6d of the general statutes.
(b) No law enforcement official may ask an operator of a motor
vehicle to provide any documentation or identification other than an
operator's license, motor vehicle registration, insurance identity card or
other documentation or identification directly related to the stop, when
the motor vehicle has been stopped solely for a motor vehicle violation,
unless there exists probable cause to believe that a felony or
misdemeanor offense has been committed or the operator has failed to
produce a valid operator's license.
Sec. 22. Section 54-33b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020):
[The officer serving a search warrant may, if such officer] (a) The
consent of a person given to a law enforcement official to conduct a
search of such person shall not, absent the existence of probable cause,
constitute justification for such law enforcement official to conduct such
search.
(b) A law enforcement official serving a search warrant may, if such
official has reason to believe that any of the property described in the
warrant is concealed in the garments of any person in or upon the place
or thing to be searched, search the person for the purpose of seizing the
same. When the person to be searched is a woman, the search shall be
made by a [policewoman] female law enforcement official or other
woman assisting in the service of the warrant, or by a woman
designated by the judge or judge trial referee issuing the warrant.
Sec. 23. (Effective from passage) The Chief State's Attorney shall, in House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 38 of 72
consultation with the Chief Court Administrator, prepare a plan to have
a prosecutorial official review each charge in any criminal case before
the case is docketed. Not later than January 1, 2021, the Chief State's
Attorney shall submit such plan to the Office of Policy and Management
and, in accordance with the provisions of section 11-4a of the general
statutes, to the joint standing committee of the General Assembly
having cognizance of matters relating to the judiciary.
Sec. 24. Section 53a-180 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020):
(a) A person is guilty of falsely reporting an incident in the first
degree when, knowing the information reported, conveyed or
circulated to be false or baseless, such person: (1) Initiates or circulates
a false report or warning of an alleged occurrence or impending
occurrence of a fire, explosion, catastrophe or emergency under
circumstances in which it is likely that public alarm or inconvenience
will result; (2) reports, by word or action, to any official or quasi-official
agency or organization having the function of dealing with emergencies
involving danger to life or property, an alleged occurrence or
impending occurrence of a fire, explosion or other catastrophe or
emergency which did not in fact occur or does not in fact exist; [or] (3)
violates subdivision (1) or (2) of this subsection with intent to cause a
large scale emergency response; or (4) violates subdivision (1), (2) or (3)
of this subsection with specific intent to falsely report another person or
group of persons because of the actual or perceived race, religion,
ethnicity, disability, sex, sexual orientation or gender identity or
expression of such other person or group of persons. For purposes of
this section, "large scale emergency response" means an on-site response
to any such reported incident by five or more first responders, and "first
responder" means any peace officer or firefighter or any ambulance
driver, emergency medical responder, emergency medical technician or
paramedic, as those terms are defined in section 19a-175. House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 39 of 72
(b) Falsely reporting an incident in the first degree is a (1) class D
felony for a violation of subdivision (1), (2) or (3) of subsection (a) of this
section, or (2) class C felony for a violation of subdivision (4) of
subsection (a) of this section.
(c) In addition to any sentence imposed pursuant to subsection (b) of
this section, if (1) a person is convicted of an offense in violation of
subdivision (3) of subsection (a) of this section that resulted in a large
scale emergency response, (2) any agency or department of the state or
political subdivision of the state requests financial restitution for costs
associated with such emergency response, and (3) the court finds that
the agency or department of the state or political subdivision of the state
incurred costs associated with such emergency response as a result of
such offense, the court shall order the offender to make financial
restitution under terms that the court determines are appropriate. In
determining the appropriate terms of financial restitution, the court
shall consider: (A) The financial resources of the offender and the
burden restitution will place on other obligations of the offender; (B) the
offender's ability to pay based on installments or other conditions; (C)
the rehabilitative effect on the offender of the payment of restitution and
the method of payment; and (D) other circumstances, including the
financial burden and impact on the agency or department of the state or
political subdivision of the state, that the court determines make the
terms of restitution appropriate. If the court determines that the current
financial resources of the offender or the offender's current ability to pay
based on installments or other conditions are such that no appropriate
terms of restitution can be determined, the court may forego setting
such terms. The court shall articulate its findings on the record with
respect to each of the factors set forth in subparagraphs (A) to (D),
inclusive, of this subsection. Restitution ordered by the court pursuant
to this subsection shall be based on easily ascertainable damages for
actual expenses associated with such emergency response. Restitution
ordered by the court pursuant to this subsection shall be imposed or House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 40 of 72
directed by a written order of the court containing the amount of actual
expenses associated with such emergency response, as ascertained by
the court. The order of the court shall direct that a certified copy of the
order be delivered by certified mail to the agency or department of the
state or political subdivision of the state. Such order is enforceable in the
same manner as an order pursuant to subsection (c) of section 53a-28.
Sec. 25. Section 53a-180a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020):
(a) A person is guilty of falsely reporting an incident resulting in
serious physical injury or death when such person commits the crime of
(1) falsely reporting an incident in the first degree as provided in
subdivision (1), (2) or (3) of subsection (a) of section 53a-180, [or] (2)
falsely reporting an incident in the second degree as provided in
subdivision (1), (2) or (3) of subsection (a) of section 53a-180c, or (3)
falsely reporting an incident in the first degree as provided in
subdivision (4) of subsection (a) of section 53a-180 or falsely reporting
an incident in the second degree as provided in subdivision (4) of
subsection (a) of section 53a-180c, and such false report described in
subdivision (1), (2) or (3) of this subsection results in the serious physical
injury or death of another person.
(b) Falsely reporting an incident resulting in serious physical injury
or death is a (1) class C felony for a violation of subdivision (1) or (2) of
subsection (a) of this section, or (2) class B felony for a violation of
subdivision (3) of subsection (a) of this section.
Sec. 26. Section 53a-180b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020):
(a) A person is guilty of falsely reporting an incident concerning
serious physical injury or death when such person commits the crime of
falsely reporting an incident in the second degree as provided in (1) House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 41 of 72
subdivision (1), (2) or (3) of subsection (a) of section 53a-180c, or (2)
subdivision (4) of subsection (a) of section 53a-180c, and such false
report described in subdivision (1) or (2) of this subsection is of the
alleged occurrence or impending occurrence of the serious physical
injury or death of another person.
(b) Falsely reporting an incident concerning serious physical injury
or death is a (1) class D felony for a violation of subdivision (1) of
subsection (a) of this section, or (2) class C felony for a violation of
subdivision (2) of subsection (a) of this section.
Sec. 27. Section 53a-180c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020):
(a) A person is guilty of falsely reporting an incident in the second
degree when, knowing the information reported, conveyed or
circulated to be false or baseless, such person gratuitously reports to a
law enforcement officer or agency (1) the alleged occurrence of an
offense or incident which did not in fact occur, (2) an allegedly
impending occurrence of an offense or incident which in fact is not
about to occur, [or] (3) false information relating to an actual offense or
incident or to the alleged implication of some person therein, or (4)
violates subdivision (1), (2) or (3) of this subsection with specific intent
to falsely report another person or group of persons because of the
actual or perceived race, religion, ethnicity, disability, sex, sexual
orientation or gender identity or expression of such other person or
group of persons.
(b) Falsely reporting an incident in the second degree is a (1) class A
misdemeanor for a violation of subdivision (1), (2) or (3) of subsection
(a) of this section, or (2) class E felony for a violation of subdivision (4)
of subsection (a) of this section.
Sec. 28. Section 53a-180d of the general statutes is repealed and the House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 42 of 72
following is substituted in lieu thereof (Effective October 1, 2020):
(a) A person is guilty of misuse of the emergency 9-1-1 system when
such person (1) dials or otherwise causes E 9-1-1 to be called for the
purpose of making a false alarm or complaint, [or] (2) purposely reports
false information which could result in the dispatch of emergency
services, or (3) violates subdivision (1) or (2) of this subsection with
specific intent to make a false alarm or complaint or report false
information about another person or group of persons because of the
actual or perceived race, religion, ethnicity, disability, sex, sexual
orientation or gender identity or expression of such other person or
group of persons.
(b) Misuse of the emergency 9-1-1 system is a (1) class B misdemeanor
for a violation of subdivision (1) or (2) of subsection (a) of this section,
or (2) class A misdemeanor for a violation of subdivision (3) of
subsection (a) of this section.
Sec. 29. Section 53a-22 of the 2020 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective April
1, 2021):
(a) (1) For purposes of this section, a reasonable belief that a person
has committed an offense means a reasonable belief in facts or
circumstances which if true would in law constitute an offense. If the
believed facts or circumstances would not in law constitute an offense,
an erroneous though not unreasonable belief that the law is otherwise
does not render justifiable the use of physical force to make an arrest or
to prevent an escape from custody.
(2) A peace officer, special policeman appointed under section 29-18b
or authorized official of the Department of Correction or the Board of
Pardons and Paroles who is effecting an arrest pursuant to a warrant or
preventing an escape from custody is justified in using the physical House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 43 of 72
force prescribed in subsections (b), (c) and [(c)] (d) of this section unless
such warrant is invalid and is known by such officer to be invalid.
(b) Except as provided in subsection (a) or (d) of this section, a peace
officer, special policeman appointed under section 29-18b or authorized
official of the Department of Correction or the Board of Pardons and
Paroles is justified in using physical force upon another person when
and to the extent that he or she reasonably believes such use to be
necessary to: (1) Effect an arrest or prevent the escape from custody of a
person whom he or she reasonably believes to have committed an
offense, unless he or she knows that the arrest or custody is
unauthorized; or (2) defend himself or herself or a third person from the
use or imminent use of physical force while effecting or attempting to
effect an arrest or while preventing or attempting to prevent an escape.
(c) [A] (1) Except as provided in subsection (d) of this section, a peace
officer, special policeman appointed under section 29-18b or authorized
official of the Department of Correction or the Board of Pardons and
Paroles is justified in using deadly physical force upon another person
for the purposes specified in subsection (b) of this section only when
[he] his or her actions are objectively reasonable under the
circumstances, and:
(A) He or she reasonably believes such use to be necessary to [: (1)
Defend] defend himself or herself or a third person from the use or
imminent use of deadly physical force; or [(2) (A)]
(B) He or she (i) has exhausted the reasonable alternatives to the use
of deadly physical force, (ii) reasonably believes that the force employed
creates no substantial risk of injury to a third party, and (iii) reasonably
believes such use of force to be necessary to (I) effect an arrest of a person
whom he or she reasonably believes has committed or attempted to
commit a felony which involved the infliction [or threatened infliction]
of serious physical injury, or [(B)] (II) prevent the escape from custody House Bill No. 6004
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of a person whom he or she reasonably believes has committed a felony
which involved the infliction [or threatened infliction] of serious
physical injury and if, where feasible under this subdivision, he or she
has given warning of his or her intent to use deadly physical force.
(2) For purposes of evaluating whether actions of a peace officer,
special policeman appointed under section 29-18b or authorized official
of the Department of Correction or the Board of Pardons and Paroles are
reasonable under subdivision (1) of this subsection, factors to be
considered include, but are not limited to, whether (A) the person upon
whom deadly physical force was used possessed or appeared to possess
a deadly weapon, (B) the peace officer, special policeman appointed
under section 29-18b or authorized official of the Department of
Correction or the Board of Pardons and Paroles engaged in reasonable
deescalation measures prior to using deadly physical force, and (C) any
conduct of the peace officer, special policeman appointed under section
29-18b or authorized official of the Department of Correction or the
Board of Pardons and Paroles led to an increased risk of an occurrence
of the situation that precipitated the use of such force.
(d) A peace officer, special policeman appointed under section 29-18b
or authorized official of the Department of Correction or the Board of
Pardons and Paroles is justified in using a chokehold or other method
of restraint applied to the neck area or that otherwise impedes the ability
to breathe or restricts blood circulation to the brain of another person
for the purposes specified in subsection (b) of this section only when he
or she reasonably believes such use to be necessary to defend himself or
herself from the use or imminent use of deadly physical force.
[(d)] (e) Except as provided in subsection [(e)] (f) of this section, a
person who has been directed by a peace officer, special policeman
appointed under section 29-18b or authorized official of the Department
of Correction or the Board of Pardons and Paroles to assist such peace
officer, special policeman or official to effect an arrest or to prevent an House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 45 of 72
escape from custody is justified in using reasonable physical force when
and to the extent that he or she reasonably believes such to be necessary
to carry out such peace officer's, special policeman's or official's
direction.
[(e)] (f) A person who has been directed to assist a peace officer,
special policeman appointed under section 29-18b or authorized official
of the Department of Correction or the Board of Pardons and Paroles
under circumstances specified in subsection [(d)] (e) of this section may
use deadly physical force to effect an arrest or to prevent an escape from
custody only when: (1) He or she reasonably believes such use to be
necessary to defend himself or herself or a third person from what he or
she reasonably believes to be the use or imminent use of deadly physical
force; or (2) he or she is directed or authorized by such peace officer,
special policeman or official to use deadly physical force, unless he or
she knows that the peace officer, special policeman or official himself or
herself is not authorized to use deadly physical force under the
circumstances.
[(f)] (g) A private person acting on his or her own account is justified
in using reasonable physical force upon another person when and to the
extent that he or she reasonably believes such use to be necessary to
effect an arrest or to prevent the escape from custody of an arrested
person whom he or she reasonably believes to have committed an
offense and who in fact has committed such offense; but he or she is not
justified in using deadly physical force in such circumstances, except in
defense of person as prescribed in section 53a-19.
Sec. 30. Section 7-282e of the 2020 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2020):
(a) (1) Any police officer, as defined in section 7-294a, who while
acting in such officer's law enforcement capacity, witnesses another House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 46 of 72
police officer use what the witnessing officer objectively knows to be
unreasonable, excessive or illegal use of force, shall intervene and
attempt to stop such other police officer from using such force. Any such
police officer who fails to intervene in such an incident may be
prosecuted and punished for the same acts in accordance with the
provisions of section 53a-8 as the police officer who used unreasonable,
excessive or illegal force. The provisions of this subdivision do not apply
to any witnessing officer who is operating in an undercover capacity at
the time he or she witnesses another officer use unreasonable, excessive
or illegal force.
(2) Any police officer who witnesses another police officer use what
the witnessing officer objectively knows to be unreasonable, excessive
or illegal use of force or is otherwise aware of such use of force by
another police officer shall report, as soon as is practicable, such use of
force to the law enforcement unit, as defined in section 7-294a, that
employs the police officer who used such force. Any police officer
required to report such an incident who fails to do so may be prosecuted
and punished in accordance with the provisions of sections 53a-165 to
53a-167, inclusive.
(3) No law enforcement unit employing a police officer who
intervenes in an incident pursuant to subdivision (1) of this subsection
or reports an incident pursuant to subdivision (2) of this subsection may
take any retaliatory personnel action or discriminate against such officer
because such police officer made such report and such intervening or
reporting police officer shall be protected by the provisions of section 4-
61dd or section 31-51m, as applicable.
[(a)] (b) Each law enforcement unit [, as defined in section 7-294a,]
shall create and maintain a record detailing any incident (1) reported
pursuant to subdivision (2) of subsection (a) of this section, or (2)
otherwise made known to the law enforcement unit during which a
police officer [, as defined in section 7-294a, (1)] (A) uses physical force House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 47 of 72
that is likely to cause serious physical injury, as defined in section 53a-
3, to another person or the death of another person, including, but not
limited to, (i) striking another person with an open or closed hand,
elbow, knee, club or baton, kicking another person, or using pepper
spray, [or an electroshock] an electronic defense weapon, as defined in
section 53a-3, or less lethal projectile on another person, [or] (ii) using a
chokehold or other method of restraint applied to the neck area or that
otherwise impedes the ability to breathe or restricts blood circulation to
the brain of another person, [(2)] or (iii) using any other form of physical
force designated by the Police Officer Standards and Training Council,
(B) discharges a firearm, except during a training exercise or in the
course of dispatching an animal, or [(3)] (C) engages in a pursuit, as
defined in subsection (a) of section 14-283a. Such record shall include,
but not be limited to: The name of the police officer, the time and place
of the incident, a description of what occurred during the incident and,
to the extent known, the names of the victims and witnesses present at
such incident.
[(b)] (c) Not later than February 1, [2020] 2021, and annually
thereafter, each law enforcement unit shall prepare and submit a report
concerning incidents described in subsection [(a)] (b) of this section
during the preceding calendar year to the Criminal Justice Policy and
Planning Division within the Office of Policy and Management. Such
report shall include [(1) the records described in subsection (a) of this
section, (2) summarized data compiled from such records, and (3)] the
records described in subsection (b) of this section and shall be submitted
electronically using a standardized method and form disseminated
jointly by the Criminal Justice Policy and Planning Division within the
Office of Policy and Management and the Police Officer Standards and
Training Council. The standardized method and form shall allow
compilation of statistics on each use of force incident, including, but not
limited to, [(A)] (1) the race and gender of such person upon whom force
was used, provided the identification of such characteristics shall be House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 48 of 72
based on the observation and perception of the police officer, [(B)] (2)
the number of times force was used on such person, and [(C)] (3) any
injury suffered by such person against whom force was used. The
Criminal Justice Policy and Planning Division within the Office of Policy
Management and the Police Officer Standards and Training Council
may revise the standardized method and form and disseminate such
revisions to law enforcement units. Each law enforcement unit shall,
prior to submission of any such report pursuant to this subsection,
redact any information from such report that may identify a minor,
witness or victim.
(d) The Office of Policy and Management shall, within available
appropriations, review the use of force incidents reported pursuant to
this section. Not later than December 1, 2021, and annually thereafter,
the office shall report, in accordance with the provisions of section 11-
4a, the results of any such review, including any recommendations, to
the Governor, the chairpersons and ranking members of the joint
standing committees of the General Assembly having cognizance of
matters relating to the judiciary and public safety.
Sec. 31. Subsection (c) of section 29-161h of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2020):
(c) No license shall be issued to any person who has been (1)
convicted of any felony, (2) convicted of any misdemeanor under
section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175,
53a-176, 53a-178 or 53a-181d, or equivalent conviction in another
jurisdiction, within the past seven years, (3) convicted of any offense
involving moral turpitude, [or] (4) discharged from military service
under conditions that demonstrate questionable moral character, or (5)
decertified as a police officer or otherwise had his or her certification
canceled, revoked or refused renewal pursuant to subsection (c) of
section 7-294d. House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 49 of 72
Sec. 32. Section 29-161q of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020):
(a) Any security service or business may employ as many security
officers as such security service or business deems necessary for the
conduct of the business, provided such security officers are of good
moral character and at least eighteen years of age.
(b) No person hired or otherwise engaged to perform work as a
security officer, as defined in section 29-152u, shall perform the duties
of a security officer prior to being licensed as a security officer by the
Commissioner of Emergency Services and Public Protection, except as
provided in subsection (h) of this section. Each applicant for a license
shall complete a minimum of eight hours training in the following areas:
Basic first aid, search and seizure laws and regulations, use of force,
basic criminal justice and public safety issues. The commissioner shall
waive such training for any person who, while serving in the armed
forces or the National Guard, or if such person is a veteran, within two
years of such person's discharge from the armed forces, presents proof
that such person has completed military training that is equivalent to
the training required by this subsection, and, if applicable, such person's
military discharge document or a certified copy thereof. For the
purposes of this subsection, "veteran" means any person who was
discharged or released under conditions other than dishonorable from
active service in the armed forces, "armed forces" has the same meaning
as provided in section 27-103, and "military discharge document" has
the same meaning as provided in section 1-219. The training shall be
approved by the commissioner in accordance with regulations adopted
pursuant to section 29-161x. The commissioner may not grant a license
to any person who has been decertified as a police officer or otherwise
had his or her certification canceled, revoked or refused renewal
pursuant to subsection (c) of section 7-294d.
(1) On and after October 1, 2008, no person or employee of an House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 50 of 72
association, corporation or partnership shall conduct such training
without the approval of the commissioner except as provided in
subdivision (2) of this subsection. Application for such approval shall
be submitted on forms prescribed by the commissioner and
accompanied by a fee of forty dollars. Such application shall be made
under oath and shall contain the applicant's name, address, date and
place of birth, employment for the previous five years, education or
training in the subjects required to be taught under this subsection, any
convictions for violations of the law and such other information as the
commissioner may require by regulation adopted pursuant to section
29-161x to properly investigate the character, competency and integrity
of the applicant. No person shall be approved as an instructor for such
training who has been convicted of a felony, a sexual offense or a crime
of moral turpitude or who has been denied approval as a security
service licensee, a security officer or instructor in the security industry
by any licensing authority, or whose approval has been revoked or
suspended. The term for such approval shall not exceed two years. Not
later than two business days after a change of address, any person
approved as an instructor in accordance with this section shall notify the
commissioner of such change and such notification shall include both
the old and new addresses.
(2) If a security officer training course described in this subsection is
approved by the commissioner on or before September 30, 2008, the
instructor of such course shall have until April 1, 2009, to apply for
approval as an instructor in accordance with subdivision (1) of this
subsection.
(3) Each person approved as an instructor in accordance with this
section may apply for the renewal of such approval on a form approved
by the commissioner, accompanied by a fee of forty dollars. Such form
may require the disclosure of any information necessary for the
commissioner to determine whether the instructor's suitability to serve House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 51 of 72
as an instructor has changed since the issuance of the prior approval.
The term of such renewed approval shall not exceed two years.
(c) Not later than two years after successful completion of the training
required pursuant to subsection (b) of this section, or the waiver of such
training, the applicant may submit an application for a license as a
security officer on forms furnished by the commissioner and, under
oath, shall give the applicant's name, address, date and place of birth,
employment for the previous five years, experience in the position
applied for, including military training and weapons qualifications, any
convictions for violations of the law and such other information as the
commissioner may require, by regulation, to properly investigate the
character, competency and integrity of the applicant. The commissioner
shall require any applicant for a license under this section to submit to
state and national criminal history records checks conducted in
accordance with section 29-17a. Each applicant shall submit with the
application two sets of his or her fingerprints on forms specified and
furnished by the commissioner, two full-face photographs, two inches
wide by two inches high, taken not earlier than six months prior to the
date of application, and a one-hundred-dollar licensing fee, made
payable to the state. Any applicant who received a waiver as provided
in subsection (b) of this section shall be exempt from payment of such
licensing fee. Subject to the provisions of section 46a-80, no person shall
be approved for a license who has been convicted of a felony, any sexual
offense or any crime involving moral turpitude, or who has been
refused a license under the provisions of sections 29-161g to 29-161x,
inclusive, for any reason except minimum experience, or whose license,
having been granted, has been revoked or is under suspension. Upon
being satisfied of the suitability of the applicant for licensure, the
commissioner may license the applicant as a security officer. Such
license shall be renewed every five years for a one-hundred-dollar fee.
The commissioner shall send a notice of the expiration date of such
license to the holder of such license, by first class mail, not less than House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 52 of 72
ninety days before such expiration, and shall enclose with such notice
an application for renewal. The security officer license shall be valid for
a period of ninety days after its expiration date unless the license has
been revoked or is under suspension pursuant to section 29-161v. An
application for renewal filed with the commissioner after the expiration
date shall be accompanied by a late fee of twenty-five dollars. The
commissioner shall not renew any license that has been expired for more
than ninety days.
(d) Upon the security officer's successful completion of training and
licensing by the commissioner, or immediately upon hiring a licensed
security officer, the security service employing such security officer
shall apply to register such security officer with the commissioner on
forms provided by the commissioner. Such application shall be
accompanied by payment of a forty-dollar application fee payable to the
state. The Division of State Police within the Department of Emergency
Services and Public Protection shall keep on file the completed
registration form and all related material. An identification card with
the name, date of birth, address, full-face photograph, physical
descriptors and signature of the applicant shall be issued to the security
officer, and shall be carried by the security officer at all times while
performing the duties associated with the security officer's employment.
Registered security officers, in the course of performing their duties,
shall present such card for inspection upon the request of a law
enforcement officer.
(e) The security service shall notify the commissioner not later than
five days after the termination of employment of any registered
employee.
(f) Any fee or portion of a fee paid pursuant to this section shall not
be refundable.
(g) No person, firm or corporation shall employ or otherwise engage House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 53 of 72
any person as a security officer, as defined in section 29-152u, unless
such person (1) is a licensed security officer, or (2) meets the
requirements of subsection (h) of this section.
(h) During the time that an application for a license as a security
officer is pending with the commissioner, the applicant may perform the
duties of security officer, provided (1) the security service employing
the applicant conducts, or has a consumer reporting agency regulated
under the federal Fair Credit Reporting Act conduct, a state and national
criminal history records check and determines the applicant meets the
requirements of subsection (c) of this section to be a security officer,
[and] (2) the applicant (A) successfully completed the training required
pursuant to subsection (b) of this section, or obtained a waiver of such
training, and (B) performs the duties of a security officer under the direct
on-site supervision of a licensed security officer with at least one year of
experience as a licensed security officer, and (3) the applicant has not
been decertified as a police officer or otherwise had his or her
certification canceled, revoked or refused renewal pursuant to
subsection (c) of section 7-294d. The applicant shall not perform such
duties at a public or private preschool, elementary or secondary school
or at a facility licensed and used exclusively as a child care center, as
described in subdivision (1) of subsection (a) of section 19a-77. The
applicant shall cease to perform such duties pursuant to this subsection
when the commissioner grants or denies the pending application for a
security license under this section.
(i) Any person, firm or corporation that violates any provision of
subsection (b), (d), (e), (g) or (h) of this section shall be fined seventy-
five dollars for each offense. Each distinct violation of this section shall
be a separate offense and, in the case of a continuing violation, each day
thereof shall be deemed a separate offense.
Sec. 33. (NEW) (Effective from passage) (a) There is established the
Office of the Inspector General that shall be an independent office House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 54 of 72
within the Division of Criminal Justice. Not later than October 1, 2020,
the Criminal Justice Commission established pursuant to section 51-
275a of the general statutes shall nominate a deputy chief state's attorney
from within the division as Inspector General who, subject to
appointment by the General Assembly pursuant to subsection (c) or (d)
of this section, shall lead the Office of the Inspector General. The office
shall: (1) Conduct investigations of peace officers in accordance with
section 51-277a of the general statutes; (2) prosecute any case in which
the Inspector General determines a peace officer used force found to not
be justifiable pursuant to section 53a-22 of the general statutes or where
a police officer or correctional officer fails to intervene in any such
incident or to report any such incident, as required under subsection (a)
of section 7-282e of the general statutes or section 42 of this act, as
applicable; and (3) make recommendations to the Police Officer
Standards and Training Council established under section 7-294b of the
general statutes concerning censure and suspension, renewal,
cancelation or revocation of a peace officer's certification.
(b) The Inspector General shall serve a term of four years. On or
before the date of the expiration of the term of the Inspector General or
upon the occurrence of a vacancy in the Office of the Inspector General
for any reason, the Criminal Justice Commission shall nominate a
deputy chief state's attorney from within the Division of Criminal
Justice to fill that vacancy. The commission shall not be precluded from
renominating an individual who has previously served as Inspector
General. The Inspector General shall, upon nomination by the
commission, be appointed by the General Assembly pursuant to
subsection (c) or (d) of this section.
(c) Each nomination made by the Criminal Justice Commission to the
General Assembly for Inspector General shall be referred, without
debate, to the joint standing committee of the General Assembly having
cognizance of matters relating to the judiciary, which shall report on the House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 55 of 72
nomination not later than thirty legislative days from the time of
reference, but no later than seven legislative days before the adjourning
of the General Assembly. An appointment by the General Assembly of
an Inspector General shall be by concurrent resolution. The action on
the passage of each such resolution in the House and in the Senate shall
be by vote taken on the electrical roll-call device. The commission shall,
not later than five days after receiving notice that a nomination for
Inspector General has failed to be approved by the affirmative
concurrent action of both houses of the General Assembly, make
another nomination for Inspector General.
(d) No vacancy in the position of Inspector General shall be filled by
the Criminal Justice Commission when the General Assembly is not in
session unless, prior to such filling, the commission submits the name
of the proposed vacancy appointee to the joint standing committee of
the General Assembly having cognizance of matters relating to the
judiciary. Within forty-five days, the committee on the judiciary may,
upon the call of either chairman, hold a special meeting for the purpose
of approving or disapproving such proposed vacancy appointee by
majority vote. Failure of the committee to act on such proposed vacancy
appointee within such forty-five-day period shall be deemed to be an
approval. Any appointment made pursuant to this subsection shall be
in effect until the sixth Wednesday of the next regular session of the
General Assembly, and until a successor is appointed.
(e) A deputy chief state's attorney nominated for the position of
Inspector General by the Criminal Justice Commission shall serve as
interim Inspector General pending appointment by the General
Assembly.
(f) An Inspector General may be removed or otherwise disciplined
only in accordance with section 51-278b of the general statutes.
(g) The Inspector General may issue subpoenas to municipalities, law House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 56 of 72
enforcement units, as defined in section 7-294 of the general statutes, the
Department of Correction and any employee or former employee of the
municipality, unit or department (1) requiring the production of reports,
records or other documents concerning an investigation described in
subsection (a) of this section that is undertaken by the Inspector General,
and (2) compelling the attendance and testimony of any person having
knowledge pertinent to such investigation.
(h) A chief of police of a municipality, the Commissioner of
Emergency Services and Public Protection or the Commissioner of
Correction may refer and the Inspector General shall accept any such
referral of an incident described in subsection (a) of this section for
purposes of an investigation.
(i) The Office of the Inspector General shall be at a location that is
separate from the locations of the Office of the Chief State's Attorney or
any of the state's attorneys for the judicial districts.
(j) The Inspector General may employ necessary staff to fulfil the
duties of the Office of the Inspector General described in subsection (a)
of this section. Such staff shall be selected from staff of the Division of
Criminal Justice by the Inspector General and shall include, but not be
limited to, an assistant state's attorney or a deputy assistant state's
attorney, an inspector and administrative staff. As needed by and upon
request of the Inspector General, the Office of the Chief State's Attorney
shall ensure assistance from additional assistant state's attorneys or
deputy assistant state's attorneys, inspectors and administrative staff.
(k) The Inspector General and any staff employed by the Office of the
Inspector General, who is not in a bargaining unit established pursuant
to sections 5-270 to 5-280, inclusive, of the general statutes, shall, upon
completion of employment with the office of the Inspector General be
transferred back to the Division of Criminal Justice into a position
equivalent or comparable to the position such person held in the House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 57 of 72
division prior to being employed by the Office of the Inspector General.
Upon such transfer back to the division, such person shall be
compensated at the same level such person was compensated
immediately prior to being transferred back to the division.
Sec. 34. Section 51-277a of the 2020 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2020):
(a) (1) Whenever a peace officer, in the performance of such officer's
duties, uses physical force upon another person and such person dies as
a result thereof or uses deadly force, as defined in section 53a-3, upon
another person, the [Division of Criminal Justice shall cause an
investigation to be made and shall have the responsibility of
determining] Inspector General shall investigate and determine
whether the use of physical force by the peace officer was [appropriate]
justifiable under section 53a-22.
(2) (A) Except as provided under subdivision (1) of this subsection,
whenever a person dies in the custody of a peace officer or law
enforcement agency, the Inspector General shall investigate and
determine whether physical force was used by a peace officer upon the
deceased person, and if so, whether the use of physical force by the
peace officer was justifiable under section 53a-22. If the Inspector
General determines the deceased person died as a result of a possible
criminal action not involving the use of force by a peace officer, the
Inspector General shall refer such case to the Division of Criminal Justice
for potential prosecution.
(B) Except as provided under subdivision (1) of this subsection or
subparagraph (A) of subdivision (2) of this subsection, whenever a
person dies in the custody of the Commissioner of Correction, the
Inspector General shall investigate and determine whether the deceased
person died as a result of a possible criminal action, and if so, refer such House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 58 of 72
case to the Division of Criminal Justice for potential prosecution.
(3) The [division] Inspector General shall request the appropriate law
enforcement agency to provide such assistance as is necessary to
determine the circumstances of [the] an incident investigated under
subdivision (1) or (2) of this subsection.
[(2) On and after January 1, 2020, whenever] (4) Whenever a peace
officer, in the performance of such officer's duties, uses physical force
upon another person and such person dies as a result thereof, the
[Division of Criminal Justice shall cause a preliminary status report to
be completed] Inspector General shall complete a preliminary status
report that shall include, but need not be limited to, (A) the name of the
deceased person, (B) the gender, race, ethnicity and age of the deceased
person, (C) the date, time and location of the injury causing such death,
(D) the law enforcement agency involved, (E) the status on the
toxicology report, if available, and (F) the death certificate, if available.
The [division] Inspector General shall complete the report and submit a
copy of such report not later than five business days after the cause of
the death is available in accordance with the provisions of section 11-4a
to the joint standing committees of the General Assembly having
cognizance of matters relating to the judiciary and public safety.
[(b) In causing an investigation to be made pursuant to subdivision
(1) of subsection (a) of this section, the Chief State's Attorney shall, (1)
as provided in section 51-281, designate a prosecutorial official from a
judicial district other than the judicial district in which the incident
occurred to conduct the investigation, or (2) as provided in subsection
(a) of section 51-285, appoint a special assistant state's attorney or special
deputy assistant state's attorney to conduct the investigation. The Chief
State's Attorney shall, upon the request of such prosecutorial official or
special prosecutor, appoint a special inspector or special inspectors to
assist in such investigation.] House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 59 of 72
[(c)] (b) Upon the conclusion of the investigation of the incident, the
[Division of Criminal Justice] Inspector General shall file a report with
the Chief State's Attorney which shall contain the following: (1) The
circumstances of the incident, (2) a determination of whether the use of
physical force by the peace officer was [appropriate] justifiable under
section 53a-22, and (3) any future action to be taken by the [division]
Office of the Inspector General as a result of the incident. The Chief
State's Attorney shall provide a copy of the report to the chief executive
officer of the municipality in which the incident occurred and to the
Commissioner of Emergency Services and Public Protection or the chief
of police of such municipality, as the case may be, and shall make such
report available to the public on the [division's] Division of Criminal
Justice's Internet web site not later than forty-eight hours after the copies
are provided to the chief executive officer and the commissioner or chief
of police.
(c) The Office of the Inspector General shall prosecute any case in
which the Inspector General determines that the use of force by a peace
officer was not justifiable under section 53a-22, and any failure to
intervene in any such incident or to report any such incident, as required
under subsection (a) of section 7-282e or section 42 of this act.
Sec. 35. Section 51-281 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020):
The Chief State's Attorney and each deputy chief state's attorney,
state's attorney, assistant state's attorney and deputy assistant state's
attorney, including the deputy chief state's attorney acting as the
Inspector General and any state's attorney, assistant state's attorney or
deputy assistant state's attorney operating under the direction of the
Office of the Inspector General established under section 33 of this act,
shall be qualified to act in any judicial district in the state and in
connection with any matter regardless of the judicial district where the
offense took place, and may be assigned to act in any judicial district at House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 60 of 72
any time on designation by the Chief State's Attorney or the Inspector
General, as applicable.
Sec. 36. Section 19a-406
(a) The Chief Medical Examiner shall investigate all human deaths in
the following categories: (1) Violent deaths, whether apparently
homicidal, suicidal or accidental, including but not limited to deaths
due to thermal, chemical, electrical or radiational injury and deaths due
to criminal abortion, whether apparently self-induced or not; (2) sudden
or unexpected deaths not caused by readily recognizable disease; (3)
deaths under suspicious circumstances; (4) deaths of persons whose
bodies are to be cremated, buried at sea or otherwise disposed of so as
to be thereafter unavailable for examination; (5) deaths related to disease
resulting from employment or to accident while employed; (6) deaths
related to disease which might constitute a threat to public health; and
(7) any other death, not clearly the result of natural causes, that occurs
while the deceased person is in the custody of a peace officer or a law
enforcement agency or the Commissioner of Correction. The Chief
Medical Examiner may require autopsies in connection with deaths in
the preceding categories when it appears warranted for proper
investigation and, in the opinion of the Chief Medical Examiner, the
Deputy Chief Medical Examiner, an associate medical examiner or an
authorized assistant medical examiner, an autopsy is necessary. The
autopsy shall be performed at the Office of the Chief Medical Examiner
or by a designated pathologist at a community hospital. Where
indicated, the autopsy shall include toxicologic, histologic,
microbiologic and serologic examinations. If a medical examiner has
reason to suspect that a homicide has been committed, the autopsy shall
be performed at the Office of the Chief Medical Examiner or by a
designated pathologist in the presence of at least one other designated
pathologist if such other pathologist is immediately available. A
detailed description of the findings of all autopsies shall be written or House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 61 of 72
dictated during their progress. The findings of the investigation at the
scene of death, the autopsy and any toxicologic, histologic, serologic and
microbiologic examinations and the conclusions drawn therefrom shall
be filed in the Office of the Chief Medical Examiner.
(b) The Chief Medical Examiner shall designate pathologists who are
certified by the Department of Public Health to perform autopsies in
connection with the investigation of any deaths in the categories listed
in subsection (a) of this section. Any deputy chief state's attorney, state's
attorney or assistant state's attorney, including from the Office of the
Inspector General pursuant to section 33 of this act, shall have the right
to require an autopsy by a pathologist so designated in any case in
which there is a suspicion that death resulted from a criminal act. The
official requiring said autopsy shall make a reasonable effort to notify
whichever one of the following persons, eighteen years of age or older,
assumes custody of the body for purposes of burial: Father, mother,
husband, wife, child, guardian, next of kin, friend or any person charged
by law with the responsibility for burial, that said autopsy has been
required, however performance of said autopsy need not be delayed
pending such notice.
(c) If there are no other circumstances which would appear to require
an autopsy and if the investigation of the circumstances and
examination of the body enable the Chief Medical Examiner, the Deputy
Chief Medical Examiner, an associate medical examiner or an
authorized assistant medical examiner to conclude with reasonable
certainty that death occurred from natural causes or obvious traumatic
injury, the medical examiner in charge shall certify the cause of death
and file a report of his findings in the Office of the Chief Medical
Examiner.
Sec. 37. Section 19a-407 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020): House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 62 of 72
(a) All law enforcement officers, state's attorneys, prosecuting
attorneys, employees of the Department of Correction, other officials,
physicians, funeral directors, embalmers and other persons shall
promptly notify the Office of the Chief Medical Examiner of any death
coming to their attention which is subject to investigation by the Chief
Medical Examiner under this chapter, shall assist in making dead bodies
and related evidence available to that office for investigations and
postmortem examinations, including autopsies, and shall cooperate
fully with said office in making the investigations and examinations
herein provided for. In conducting such investigations or examinations,
the Chief Medical Examiner may issue subpoenas requiring the
production of medical reports, records or other documents concerning
the death under investigation and compelling the attendance and
testimony of any person having pertinent knowledge of such death.
(b) In cases of apparent homicide or suicide, or of accidental death,
the cause of which is obscure, or any other death, not clearly the result
of natural causes, that occurs while the deceased person is in the custody
of a peace officer or a law enforcement agency or the Commissioner of
Correction, the scene of the event shall not be disturbed until authorized
by the Chief Medical Examiner or his or her authorized representative.
Upon receipt of notification of a death as provided herein, the Chief
Medical Examiner or his or her authorized representative shall view and
take charge of the body without delay.
(c) In conducting his or her investigation, the Chief Medical Examiner
or his or her authorized representative shall have access to any objects,
writings or other articles of property in the custody of any law
enforcement official which in the Chief Medical Examiner's opinion may
be useful in establishing the cause or manner of death. Upon the Chief
Medical Examiner's request, a law enforcement official having custody
of such articles shall deliver them to the Chief Medical Examiner, along
with copies of any reports of the analysis of such articles by such law House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 63 of 72
enforcement official. The Chief Medical Examiner shall analyze such
articles and return them to the official from whom they were obtained.
When such articles are no longer required to be kept for the purposes of
justice, the law enforcement official who has custody of them shall
deliver them to the person or persons entitled to their custody. If such
articles are not claimed by such person or persons entitled thereto
within one year after the date of death, such articles may be disposed of
by the law enforcement official as provided in section 54-36.
(d) Any person who wilfully fails to comply with any provision of
this section shall be fined not more than five hundred dollars or
imprisoned not more than one year, or both.
Sec. 38. Section 7-282d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020):
No municipal police department may impose any quota with respect
to the issuance of citations to pedestrians or summonses for motor
vehicle violations upon any policeman in such department. Nothing in
this section shall prohibit such department from using data concerning
the issuance of such citations or summonses in the evaluation of an
individual's work performance provided such data is not the exclusive
means of evaluating such performance. As used in this section, "quota"
means a specified number of citations issued to pedestrians or
summonses for motor vehicle violations to be issued within a specified
period of time.
Sec. 39. Section 29-2b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2020):
The Department of Emergency Services and Public Protection shall
not impose any quota with respect to the issuance of citations to
pedestrians or summonses for motor vehicle violations upon any
policeman in said department. Nothing in this section shall prohibit said House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 64 of 72
department from using data concerning the issuance of such citations or
summonses in the evaluation of an individual's work performance,
provided such data is not the exclusive means of evaluating such
performance. As used in this section, "quota" means a specified number
of citations issued to pedestrians or summonses for motor vehicle
violations to be issued within a specified period of time.
Sec. 40. (NEW) (Effective from passage) (a) For purposes of this section:
(1) "Law enforcement agency" means the Division of State Police
within the Department of Emergency Services and Public Protection or
any municipal police department; and
(2) "Controlled equipment" means military designed equipment
classified by the United States Department of Defense as part of the
federal 1033 program that is (A) a controlled firearm, ammunition,
bayonet, grenade launcher, grenade, including stun and flash-bang, or
an explosive, (B) a controlled vehicle, highly mobile multi-wheeled
vehicle, mine-resistant ambush-protected vehicle, truck, truck dump,
truck utility or truck carryall, (C) a drone that is armored or
weaponized, (D) controlled aircraft that is combat configured or combat
coded or has no established commercial flight application, (E) a silencer,
(F) a long-range acoustic device, or (G) an item in the federal supply
class of banned items.
(b) On and after the effective date of this section, no law enforcement
agency may acquire controlled equipment.
(c) Not later than December 31, 2020, each law enforcement agency
shall report, in accordance with the provisions of section 11-4a of the
general statutes, to the joint standing committees of the General
Assembly having cognizance of matters relating to the judiciary and
public safety its inventory of controlled equipment possessed on the
effective date of this section. As part of such report, the agency shall House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 65 of 72
include the use or proposed use of each item in its inventory and
whether such use or proposed use is necessary for the operation and
safety of the department or is for relief or rescue efforts in the case of a
natural disaster or for other public safety purposes.
(d) (1) The office of the Governor and the Commissioner of
Emergency Services and Public Protection may order a law enforcement
agency to lawfully sell, transfer or otherwise dispose of controlled
equipment they jointly find is unnecessary for public protection. A
municipal police department may request the office of the Governor and
the commissioner to reconsider such order. The office of the Governor
and the commissioner may jointly amend or rescind such order if the
police department has held a public hearing in the municipality it serves
concerning the proposed request for reconsideration and the
department demonstrates in its request for reconsideration that the use
or proposed use of the controlled equipment is necessary for the
operation and safety of the department or is for relief or rescue efforts
in the case of a natural disaster or for other public safety purposes.
(2) The office of the Governor and the Commissioner of Emergency
Services and Public Protection shall notify the joint standing committees
of the General Assembly having cognizance of matters relating to the
judiciary and public safety of controlled equipment that is ordered to be
sold, transferred or otherwise disposed of pursuant to subdivision (1) of
this subsection.
(e) No law enforcement agency that is permitted to retain controlled
equipment may use any such equipment for crowd management or
intimidation tactics.
Sec. 41. (NEW) (Effective July 1, 2021, and applicable to any cause of action
arising from an incident committed on or after July 1, 2021) (a) As used in
this section: House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 66 of 72
(1) "Law enforcement unit" has the same meaning as provided in
section 7-294a of the general statutes; and
(2) "Police officer" has the same meaning as provided in section 7-
294a of the general statutes.
(b) No police officer, acting alone or in conspiracy with another, shall
deprive any person or class of persons of the equal protection of the laws
of this state, or of the equal privileges and immunities under the laws of
this state, including, without limitation, the protections, privileges and
immunities guaranteed under article first of the Constitution of the
state.
(c) Any person aggrieved by a violation of subsection (b) of this
section may bring a civil action for equitable relief or damages in the
Superior Court. A civil action brought for damages shall be triable by
jury.
(d) In any civil action brought under this section, governmental
immunity shall only be a defense to a claim for damages when, at the
time of the conduct complained of, the police officer had an objectively
good faith belief that such officer's conduct did not violate the law.
There shall be no interlocutory appeal of a trial court's denial of the
application of the defense of governmental immunity. Governmental
immunity shall not be a defense in a civil action brought solely for
equitable relief.
(e) In an action under this section, each municipality or law
enforcement unit shall protect and save harmless any such police officer
from financial loss and expense, including legal fees and costs, if any,
arising out of any claim, demand or suit instituted against such officer
by reason of any act undertaken by such officer while acting in the
discharge of the officer's duties. In the event such officer has a judgment
entered against him or her for a malicious, wanton or wilful act in a House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 67 of 72
court of law, such municipality shall be reimbursed by such officer for
expenses it incurred in providing such defense and shall not be held
liable to such officer for any financial loss or expense resulting from such
act.
(f) In any civil action brought under this section, if the court finds that
a violation of subsection (b) of this section was deliberate, wilful or
committed with reckless indifference, the plaintiff may be awarded
costs and reasonable attorney's fees.
(g) A civil action brought pursuant to this section shall be commenced
not later than one year after the date on which the cause of action
accrues. Any notice of claim provision set forth in the general statutes,
including, but not limited to, the provisions of subsection (d) of section
7-101a of the general statutes and subsection (a) of section 7-465 of the
general statutes shall not apply to an action brought under this section.
Sec. 42. (Effective from passage) On or before January 1, 2021, the task
force established to study police transparency and accountability,
pursuant to section 6 of public act 19-90, shall report in accordance with
the provisions of section 11-4a of the general statutes to the joint
standing committee of the General Assembly having cognizance of
matters relating to the judiciary on any recommendations related to the
implementation of section 41 of this act and the anticipated impact that
the implementation of said section 41 will have on the ability of a police
officer or municipality to obtain liability insurance.
Sec. 43. (NEW) (Effective October 1, 2020) (a) Any correction officer
who witnesses another correction officer use what the witnessing
correction officer objectively knows to be excessive or illegal use of force
shall intervene and attempt to stop such other correction officer from
using such force. Any correction officer who fails to intervene in such
an incident may be prosecuted and punished in accordance with the
provisions of section 53a-8 of the general statutes for the same acts as House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 68 of 72
the correction officer who used unreasonable, excessive or illegal force.
(b) Any correction officer who witnesses another correction officer
use what the witnessing correction officer objectively knows to be
unreasonable, excessive or illegal use of force or is otherwise aware of
such use of force by another correction officer shall report, as soon as is
practicable, such use of force to the witnessing correction officer's
immediate supervisor. Such supervisor shall immediately report such
use of force to the immediate supervisor of the correction officer who is
reported to have used such force. Any correction officer required to
report such an incident who fails to do so may be prosecuted and
punished in accordance with the provisions of sections 53a-165 to 53a-
167, inclusive, of the general statutes.
(c) The Department of Correction or any employee of the department
shall not take any retaliatory personnel action or discriminate against a
correction officer because such correction officer intervened in an
incident pursuant to subsection (a) of this section or reported an incident
pursuant to subsection (b) of this section. Such intervening or reporting
correction officer shall be protected by the provisions of section 4-61dd
of the general statutes.
Sec. 44. Section 7-294ee of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) [The] Until December 31, 2024, the Police Officer Standards and
Training Council, established under section 7-294b, and the
Commissioner of Emergency Services and Public Protection or the
commissioner's designee, shall [, within available appropriations,]
jointly develop, adopt and revise, as necessary, minimum standards and
practices for the administration and management of law enforcement
units, as defined in section 7-294a. Such minimum standards and
practices shall be based upon standards established by the International
Association of Chiefs of Police and the Commission on Accreditation for House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 69 of 72
Law Enforcement Agencies, Inc., and shall include, but need not be
limited to, standards and practices regarding bias-based policing, use of
force, response to crimes of family violence, use of body-worn recording
equipment, complaints that allege misconduct by police officers, use of
electronic defense weapons, eyewitness identification procedures,
notifications in death and related events and pursuits by police officers.
The council shall post such minimum standards and practices on the
council's Internet web site and disseminate such standards and practices
to law enforcement units. The council and commissioner or the
commissioner's designee shall jointly develop a process to review a law
enforcement unit's compliance with such minimum standards and
practices and issue a certificate of compliance with law enforcement
standards and practices to a law enforcement unit that meets or exceeds
such standards and practices.
(b) On and after January 1, 2019, and until December 31, 2024, each
law enforcement unit shall adopt and maintain (1) the minimum
standards and practices developed by the council pursuant to
subsection (a) of this section, or (2) a higher level of accreditation
standards developed by the council or the Commission on Accreditation
for Law Enforcement Agencies, Inc.
(c) On and after January 1, 2025, each law enforcement unit shall
obtain and maintain accreditation by the Commission on Accreditation
for Law Enforcement Agencies, Inc. If a law enforcement unit fails to
obtain or maintain such accreditation, the council shall work with the
law enforcement unit to obtain and maintain such accreditation.
[(c)] (d) No civil action may be brought against a law enforcement
unit for damages arising from the failure of the law enforcement unit to
(1) adopt and maintain such minimum standards and practices or a
higher level of accreditation standards pursuant to subsection (b) of this
section, or (2) obtain and maintain accreditation by the Commission on
Accreditation for Law Enforcement Agencies, Inc., pursuant to House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 70 of 72
subsection (c) of this section.
Sec. 45. (NEW) (Effective from passage) (a) For the purposes described
in subsection (b) of this section, the State Bond Commission shall have
the power from time to time to authorize the issuance of bonds of the
state in one or more series and in principal amounts not exceeding in
the aggregate four million dollars.
(b) The proceeds of the sale of such bonds, to the extent of the amount
stated in subsection (a) of this section, shall be used by the Office of
Policy and Management for the purpose of providing grants-in-aid to
municipalities for the program established under section 20 of this act.
(c) All provisions of section 3-20 of the general statutes, or the exercise
of any right or power granted thereby, that are not inconsistent with the
provisions of this section are hereby adopted and shall apply to all
bonds authorized by the State Bond Commission pursuant to this
section. Temporary notes in anticipation of the money to be derived
from the sale of any such bonds so authorized may be issued in
accordance with section 3-20 of the general statutes and from time to
time renewed. Such bonds shall mature at such time or times not
exceeding twenty years from their respective dates as may be provided
in or pursuant to the resolution or resolutions of the State Bond
Commission authorizing such bonds. None of such bonds shall be
authorized except upon a finding by the State Bond Commission that
there has been filed with it a request for such authorization that is signed
by or on behalf of the Secretary of the Office of Policy and Management
and states such terms and conditions as said commission, in its
discretion, may require. Such bonds issued pursuant to this section shall
be general obligations of the state and the full faith and credit of the state
of Connecticut are pledged for the payment of the principal of and
interest on such bonds as the same become due, and accordingly and as
part of the contract of the state with the holders of such bonds,
appropriation of all amounts necessary for punctual payment of such House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 71 of 72
principal and interest is hereby made, and the State Treasurer shall pay
such principal and interest as the same become due.
Sec. 46. Subparagraph (A) of subdivision (1) of subsection (b) of
section 51-278 of the general statutes is repealed and the following is
substituted in lieu thereof (Effective from passage):
(b) (1) (A) The Criminal Justice Commission shall appoint (i) two
deputy chief state's attorneys as assistant administrative heads of the
Division of Criminal Justice, one of whom shall be deputy chief state's
attorney for operations and one of whom shall be deputy chief state's
attorney for personnel, finance and administration, who shall assist the
Chief State's Attorney in his duties, and (ii) one deputy chief state's
attorney who shall be nominated by the commission to serve as
Inspector General in accordance with section 33 of this act. The term of
office of a deputy chief state's attorney shall be four years from July first
in the year of appointment and until the appointment and qualification
of a successor unless sooner removed by the Criminal Justice
Commission. The Criminal Justice Commission shall designate one
deputy chief state's attorney appointed under subparagraph (A)(i) of
this subsection who shall, in the absence or disqualification of the Chief
State's Attorney, exercise the powers and duties of the Chief State's
Attorney until such Chief State's Attorney resumes his duties. For the
purposes of this subparagraph, the Criminal Justice Commission means
the members of the commission other than the Chief State's Attorney.
(B) The Criminal Justice Commission shall appoint a state's attorney for
each judicial district, who shall act therein as attorney on behalf of the
state. The Criminal Justice Commission shall also appoint, from
candidates recommended by the appropriate state's attorney and
deemed qualified by the commission, as many assistant state's attorneys
and deputy assistant state's attorneys on a full-time or part-time basis
for each judicial district as the criminal business of the court, in the
opinion of the Chief State's Attorney, may require, and the commission House Bill No. 6004
July Sp. Sess., Public Act No. 20-1 72 of 72
shall also appoint, from candidates recommended by the Chief State's
Attorney and deemed qualified by the commission, as many assistant
state's attorneys and deputy assistant state's attorneys as are necessary,
in the opinion of the Chief State's Attorney, to assist the Chief State's
Attorney. Assistant state's attorneys and deputy assistant state's
attorneys, respectively, shall assist the state's attorneys for the judicial
districts and the Chief State's Attorney in all criminal matters and, in the
absence from the district or disability of the state's attorney or at his
request, shall have and exercise all the powers and perform all the duties
of state's attorney. At least three such assistant state's attorneys or
deputy assistant state's attorneys shall be designated by the Chief State's
Attorney to handle all prosecutions in the state of housing matters
deemed to be criminal. Any assistant or deputy assistant state's attorney
so designated should have a commitment to the maintenance of decent,
safe and sanitary housing and, to the extent practicable, shall handle
housing matters on a full-time basis. At least one assistant state's
attorney shall be designated by the Chief State's Attorney to handle all
prosecutions in the state of environmental matters deemed to be
criminal. Any assistant state's attorney so designated should have a
commitment to protecting the environment and, to the extent
practicable, shall handle environmental matters on a full-time basis. (C)
The Chief State's Attorney may promote any assistant state's attorney,
or deputy assistant state's attorney who assists him, and the appropriate
state's attorney may promote any assistant state's attorney or deputy
assistant state's attorney who assists such state's attorney in the judicial
district.
Approved July 31, 2020