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4 | 4 | | LCO No. 2048 1 of 14 |
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5 | 5 | | |
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6 | 6 | | General Assembly Raised Bill No. 267 |
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7 | 7 | | February Session, 2020 |
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8 | 8 | | LCO No. 2048 |
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9 | 9 | | |
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10 | 10 | | |
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11 | 11 | | Referred to Committee on PUBLIC SAFETY AND SECURITY |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (PS) |
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16 | 16 | | |
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17 | 17 | | |
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19 | 19 | | |
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20 | 20 | | AN ACT ESTABLISHING A DEPARTMENT OF CIVILIAN JUSTICE. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. (NEW) (Effective January 1, 2021) (a) There is established a 1 |
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25 | 25 | | Department of Civilian Justice, which shall be under the direction and 2 |
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26 | 26 | | supervision of a Commissioner of Civilian Justice appointed by the 3 |
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27 | 27 | | Governor in accordance with the provisions of sections 4-5 to 4-8, 4 |
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28 | 28 | | inclusive, of the general statutes, as amended by this act, with the 5 |
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29 | 29 | | powers and duties prescribed in said sections. A commissioner may be 6 |
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30 | 30 | | reappointed but may not serve as commissioner for more than eight 7 |
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31 | 31 | | years, except as provided in section 4-6 of the general statutes. 8 |
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32 | 32 | | (b) (1) There is established within the department an investigative 9 |
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33 | 33 | | unit. There shall be a deputy commissioner for investigative operations, 10 |
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34 | 34 | | who shall be appointed by the commissioner to supervise and direct 11 |
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35 | 35 | | such unit. The deputy commissioner for investigative operations shall 12 |
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36 | 36 | | have professional training in investigations and at least five years of 13 |
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37 | 37 | | managerial and practical experience in matters relating to 14 |
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38 | 38 | | investigations. The deputy commissioner for investigative operations 15 |
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39 | 39 | | shall, within available resources, hire and supervise investigative 16 Raised Bill No. 267 |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LCO No. 2048 2 of 14 |
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44 | 44 | | |
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45 | 45 | | supervisors and investigators, provided such investigative supervisors 17 |
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46 | 46 | | and investigators are not law enforcement officers. 18 |
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47 | 47 | | (2) There is established within the department an adjudicatory unit. 19 |
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48 | 48 | | There shall be a deputy commissioner for adjudicatory operations, who 20 |
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49 | 49 | | shall be appointed by the commissioner to supervise and direct such 21 |
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50 | 50 | | unit. The deputy commissioner for adjudicatory operations shall be an 22 |
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51 | 51 | | attorney-at-law and have at least five years of managerial and practical 23 |
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52 | 52 | | experience in judicial or administrative adjudications. The deputy 24 |
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53 | 53 | | commissioner for adjudicatory operations shall supervise the 25 |
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54 | 54 | | department's adjudicatory unit and shall, within available resources, 26 |
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55 | 55 | | hire and supervise hearing officers. 27 |
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56 | 56 | | Sec. 2. (NEW) (Effective January 1, 2021) (a) As used in this section and 28 |
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57 | 57 | | sections 3 to 9, inclusive, of this act: 29 |
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58 | 58 | | (1) "Department" means the Department of Civilian Justice 30 |
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59 | 59 | | established in section 1 of this act; 31 |
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60 | 60 | | (2) "Employing agency" means (A) for a state police officer, the 32 |
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61 | 61 | | Division of State Police within the Department of Emergency Services 33 |
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62 | 62 | | and Public Protection, and (B) for a municipal police officer, the 34 |
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63 | 63 | | municipal police department employing the officer; and 35 |
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64 | 64 | | (3) "Police officer" means a state or municipal police officer. 36 |
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65 | 65 | | (b) The department shall have the following duties and powers: 37 |
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66 | 66 | | (1) To receive and investigate complaints from a police officer 38 |
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67 | 67 | | alleging misconduct by another police officer in the performance of the 39 |
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68 | 68 | | officer's duties; 40 |
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69 | 69 | | (2) To review records and files of a police officer who is under 41 |
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70 | 70 | | investigation pursuant to this section or sections 3 to 9, inclusive, of this 42 |
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71 | 71 | | act and to issue subpoenas as necessary to conduct such an 43 |
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72 | 72 | | investigation; 44 |
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73 | 73 | | (3) To conduct adjudicatory proceedings in accordance with chapter 45 Raised Bill No. 267 |
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74 | 74 | | |
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75 | 75 | | |
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76 | 76 | | |
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77 | 77 | | LCO No. 2048 3 of 14 |
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78 | 78 | | |
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79 | 79 | | 54 of the general statutes, and during such proceedings administer 46 |
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80 | 80 | | oaths, examine witnesses, receive oral and documentary evidence and 47 |
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81 | 81 | | issue subpoenas to compel the attendance of witnesses and the 48 |
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82 | 82 | | production of documents a hearing officer deems relevant, under 49 |
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83 | 83 | | procedural rules the department shall adopt as regulations in 50 |
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84 | 84 | | accordance with chapter 54 of the general statutes; 51 |
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85 | 85 | | (4) To consult with the Chief State's Attorney or the Attorney General 52 |
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86 | 86 | | on any matter the department deems appropriate; 53 |
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87 | 87 | | (5) To consult with the United States Department of Justice and the 54 |
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88 | 88 | | United States Attorney for the district of Connecticut on any 55 |
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89 | 89 | | investigation; 56 |
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90 | 90 | | (6) To impose discipline on a police officer found in an adjudicatory 57 |
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91 | 91 | | proceeding to have committed misconduct in the performance of the 58 |
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92 | 92 | | officer's duties in violation of any provision of the general statutes, the 59 |
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93 | 93 | | regulations of Connecticut state agencies, an ordinance or a policy of the 60 |
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94 | 94 | | employing agency; 61 |
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95 | 95 | | (7) To issue a cease and desist order related to a finding of misconduct 62 |
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96 | 96 | | in violation of any provision of the general statutes, the regulations of 63 |
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97 | 97 | | Connecticut state agencies, an ordinance or a policy of an employing 64 |
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98 | 98 | | agency by a police officer or an employing agency and to take 65 |
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99 | 99 | | reasonable actions necessary to compel compliance with such provision 66 |
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100 | 100 | | of the general statutes, the regulations of Connecticut state agencies, an 67 |
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101 | 101 | | ordinance or a policy of the employing agency; 68 |
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102 | 102 | | (8) To refer to the Attorney General evidence for injunctive relief and 69 |
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103 | 103 | | any other ancillary equitable relief relating to a violation of any 70 |
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104 | 104 | | provision of the general statutes, the regulations of Connecticut state 71 |
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105 | 105 | | agencies, an ordinance or a policy of an employing agency; 72 |
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106 | 106 | | (9) To refer to the Chief State's Attorney evidence of a criminal 73 |
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107 | 107 | | violation of the general statutes by a police officer; 74 |
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108 | 108 | | (10) To conduct outreach to communities throughout the state to 75 Raised Bill No. 267 |
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109 | 109 | | |
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110 | 110 | | |
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111 | 111 | | |
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112 | 112 | | LCO No. 2048 4 of 14 |
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113 | 113 | | |
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114 | 114 | | inform the public about the department's services and complaint 76 |
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115 | 115 | | procedures; 77 |
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116 | 116 | | (11) To enter into such contractual agreements as may be necessary 78 |
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117 | 117 | | for the discharge of its duties; and 79 |
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118 | 118 | | (12) To adopt regulations in accordance with chapter 54 of the general 80 |
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119 | 119 | | statutes to establish any procedures necessary for receiving, 81 |
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120 | 120 | | investigating and adjudicating complaints regarding misconduct by a 82 |
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121 | 121 | | police officer. 83 |
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122 | 122 | | (c) Department investigators shall investigate complaints in an 84 |
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123 | 123 | | impartial manner and shall not be unduly influenced by an employing 85 |
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124 | 124 | | agency or any other agency of the state or a political subdivision of the 86 |
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125 | 125 | | state. 87 |
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126 | 126 | | (d) Hearing officers shall conduct adjudication proceedings 88 |
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127 | 127 | | regarding complaints in an impartial manner and shall not be affiliated 89 |
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128 | 128 | | with or unduly influenced by an employing agency or any other agency 90 |
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129 | 129 | | of the state or a political subdivision of the state. 91 |
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130 | 130 | | Sec. 3. (NEW) (Effective January 1, 2021) (a) As used in sections 2 to 8, 92 |
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131 | 131 | | inclusive, of this act, "complaint" means a complaint filed by a police 93 |
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132 | 132 | | officer or initiated by the department under subsection (e) of section 6 94 |
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133 | 133 | | of this act alleging misconduct by another police officer in the 95 |
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134 | 134 | | performance of the officer's duties in violation of any provision of the 96 |
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135 | 135 | | general statutes, the regulations of Connecticut state agencies, an 97 |
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136 | 136 | | ordinance or a policy of the employing agency. 98 |
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137 | 137 | | (b) Any police officer may file a complaint with the department, 99 |
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138 | 138 | | provided the misconduct alleged in the complaint occurred within the 100 |
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139 | 139 | | six months preceding the date of the complaint's filing, unless the 101 |
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140 | 140 | | deputy commissioner for investigative operations finds good cause to 102 |
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141 | 141 | | excuse delay in filing. The officer need not be a witness to or victim of 103 |
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142 | 142 | | the alleged misconduct. The department's investigative unit shall 104 |
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143 | 143 | | investigate each complaint received under this subsection. An 105 |
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144 | 144 | | investigator shall complete an initial investigation not later than 106 Raised Bill No. 267 |
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145 | 145 | | |
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146 | 146 | | |
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147 | 147 | | |
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148 | 148 | | LCO No. 2048 5 of 14 |
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149 | 149 | | |
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150 | 150 | | fourteen days after receiving a complaint. After such initial 107 |
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151 | 151 | | investigation, the deputy commissioner for investigative operations 108 |
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152 | 152 | | shall: 109 |
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153 | 153 | | (1) Issue a final decision ordering the complaint dismissed: (A) For 110 |
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154 | 154 | | failure to state a claim within the department's jurisdiction; (B) as 111 |
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155 | 155 | | untimely, if the complaint involves an incident that occurred more than 112 |
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156 | 156 | | six months prior to the complaint's filing date, unless there is good cause 113 |
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157 | 157 | | to excuse the delay in filing; (C) as frivolous, vexatious or made in bad 114 |
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158 | 158 | | faith; or (D) as more appropriate for another agency to investigate and 115 |
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159 | 159 | | resolve; 116 |
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160 | 160 | | (2) Order the investigation of the complaint suspended until (A) the 117 |
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161 | 161 | | conclusion of a criminal investigation, or (B) the filing of a report at the 118 |
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162 | 162 | | conclusion of an investigation conducted pursuant to section 51-277a of 119 |
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163 | 163 | | the general statutes; 120 |
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164 | 164 | | (3) Order the complaint referred to the relevant employing agency for 121 |
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165 | 165 | | investigation and resolution; or 122 |
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166 | 166 | | (4) Order the investigation of the complaint to continue. 123 |
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167 | 167 | | (c) The department shall inform the complainant, subject of the 124 |
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168 | 168 | | complaint and employing agency of the order of the deputy 125 |
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169 | 169 | | commissioner under subsection (b) of this section and the reasons for 126 |
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170 | 170 | | the order. 127 |
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171 | 171 | | (d) (1) If the deputy commissioner for investigative operations orders 128 |
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172 | 172 | | the investigation to continue pursuant to subdivision (4) of subsection 129 |
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173 | 173 | | (b) of this section, the complaint investigator shall resume the 130 |
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174 | 174 | | investigation and the deputy commissioner shall order the complaint 131 |
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175 | 175 | | placed on the docket of the adjudicatory unit. 132 |
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176 | 176 | | (2) The department may resolve a complaint at any stage by 133 |
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177 | 177 | | stipulation, agreed settlement or consent order, if the deputy 134 |
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178 | 178 | | commissioner for investigative operations determines that the 135 |
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179 | 179 | | complaint alleges misconduct that is not of a serious nature. 136 Raised Bill No. 267 |
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180 | 180 | | |
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181 | 181 | | |
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182 | 182 | | |
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183 | 183 | | LCO No. 2048 6 of 14 |
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184 | 184 | | |
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185 | 185 | | (3) An investigator may require the production of documents, data or 137 |
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186 | 186 | | other information relevant to the investigation. Personnel of an 138 |
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187 | 187 | | employing agency shall, upon request, provide reasonable assistance to 139 |
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188 | 188 | | the investigator, including assistance as necessary to allow the 140 |
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189 | 189 | | investigator to understand any document, data or information is 141 |
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190 | 190 | | relevant to the investigation. 142 |
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191 | 191 | | Sec. 4. (NEW) (Effective January 1, 2021) (a) Not later than thirty days 143 |
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192 | 192 | | after a complaint is filed under section 3 of this act, a hearing officer in 144 |
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193 | 193 | | the adjudicatory unit shall hold a hearing on the complaint to determine 145 |
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194 | 194 | | if there is probable cause that a police officer committed misconduct in 146 |
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195 | 195 | | violation of any provision of the general statutes, the regulations of 147 |
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196 | 196 | | Connecticut state agencies, an ordinance or a policy of the employing 148 |
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197 | 197 | | agency. 149 |
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198 | 198 | | (b) If the hearing officer does not find probable cause, the hearing 150 |
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199 | 199 | | officer shall order the complaint dismissed and inform the complainant, 151 |
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200 | 200 | | subject of the complaint and employing agency of the order. 152 |
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201 | 201 | | (c) If the hearing officer finds probable cause, the case shall proceed 153 |
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202 | 202 | | as a contested case, and the officer who is the subject of the complaint 154 |
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203 | 203 | | shall have a right to a hearing and a right to appeal, in accordance with 155 |
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204 | 204 | | chapter 54 of the general statutes. 156 |
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205 | 205 | | Sec. 5. (NEW) (Effective January 1, 2021) (a) If a person refuses to 157 |
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206 | 206 | | comply with a subpoena issued pursuant to a department investigation 158 |
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207 | 207 | | or adjudication or to testify with respect to a matter upon which the 159 |
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208 | 208 | | person may be lawfully interrogated, the superior court for the judicial 160 |
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209 | 209 | | district of Hartford, on application of the department, may issue an 161 |
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210 | 210 | | order requiring such person to comply with such subpoena or to testify, 162 |
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211 | 211 | | as the case may be. Any person who fails to obey such order of the court 163 |
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212 | 212 | | may be punished by the court as for contempt thereof. 164 |
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213 | 213 | | (b) To the extent that the department is involved in the investigation 165 |
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214 | 214 | | of an alleged criminal violation of any provision of the general statutes 166 |
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215 | 215 | | by a police officer in the performance of the officer's duties, the 167 |
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216 | 216 | | department shall be deemed a law enforcement agency for purposes of 168 Raised Bill No. 267 |
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217 | 217 | | |
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218 | 218 | | |
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219 | 219 | | |
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220 | 220 | | LCO No. 2048 7 of 14 |
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221 | 221 | | |
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222 | 222 | | subdivision (3) of subsection (b) of section 1-210 of the general statutes, 169 |
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223 | 223 | | provided nothing in this section shall be construed to exempt the 170 |
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224 | 224 | | department in any other respect from the requirements of the Freedom 171 |
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225 | 225 | | of Information Act, as defined in section 1-200 of the general statutes. 172 |
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226 | 226 | | Sec. 6. (NEW) (Effective January 1, 2021) (a) If a hearing officer finds 173 |
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227 | 227 | | that a police officer who is the subject of a complaint committed 174 |
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228 | 228 | | misconduct in the performance of the officer's duties in violation of any 175 |
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229 | 229 | | provision of the general statutes, the regulations of Connecticut state 176 |
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230 | 230 | | agencies, an ordinance or a policy of the employing agency, the hearing 177 |
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231 | 231 | | officer shall issue a final decision and may order the police officer: 178 |
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232 | 232 | | (1) Dismissed from employment at the officer's employing agency 179 |
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233 | 233 | | immediately, or dismissed within a specified period of time, not to 180 |
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234 | 234 | | exceed seven days, unless the officer resigns or retires; 181 |
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235 | 235 | | (2) Demoted by the officer's employing agency, in a manner and for 182 |
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236 | 236 | | a specified period of time not to exceed one year; 183 |
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237 | 237 | | (3) Suspended, with or without pay, for a specified period of time not 184 |
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238 | 238 | | to exceed thirty days; 185 |
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239 | 239 | | (4) To forfeit up to three days of pay; 186 |
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240 | 240 | | (5) Reprimanded, orally or in writing; 187 |
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241 | 241 | | (6) To attend counseling, a treatment program, additional training or 188 |
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242 | 242 | | any other relevant program or activity; or 189 |
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243 | 243 | | (7) To be subject to any combination of discipline under subdivisions 190 |
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244 | 244 | | (2) to (6), inclusive, of this subsection. 191 |
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245 | 245 | | (b) The department's authority to impose discipline on a police officer 192 |
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246 | 246 | | shall be in addition to the authority of an employing agency, licensing 193 |
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247 | 247 | | authority or other entity with authority over such person under the 194 |
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248 | 248 | | general statutes, the regulations of Connecticut state agencies, an 195 |
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249 | 249 | | ordinance, a policy of the employing agency or a collective bargaining 196 |
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250 | 250 | | agreement. 197 Raised Bill No. 267 |
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251 | 251 | | |
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252 | 252 | | |
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253 | 253 | | |
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254 | 254 | | LCO No. 2048 8 of 14 |
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255 | 255 | | |
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256 | 256 | | (c) (1) If a police officer is dismissed or resigns pending dismissal 198 |
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257 | 257 | | pursuant to an order under subdivision (1) of subsection (a) of this 199 |
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258 | 258 | | section, the officer shall be (A) prohibited from employment as a police 200 |
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259 | 259 | | officer, if the hearing officer finds that the police officer committed 201 |
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260 | 260 | | malfeasance or serious misconduct calling into question the police 202 |
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261 | 261 | | officer's fitness to serve as a police officer, or (B) prohibited from 203 |
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262 | 262 | | employment as a police officer for five years following the date of 204 |
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263 | 263 | | dismissal or resignation, if such police officer's conduct was not 205 |
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264 | 264 | | malfeasance or serious misconduct. 206 |
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265 | 265 | | (2) If a police officer, who is the subject of a complaint, resigns or 207 |
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266 | 266 | | retires before proceedings on the complaint conclude, the department 208 |
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267 | 267 | | shall terminate the proceedings. The department shall reinstate the 209 |
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268 | 268 | | proceedings if the person is reemployed as a police officer and such 210 |
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269 | 269 | | reemployment occurs (A) at any time, if the officer allegedly committed 211 |
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270 | 270 | | malfeasance or serious misconduct calling into question the officer's 212 |
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271 | 271 | | fitness to serve as a police officer, or (B) within five years following the 213 |
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272 | 272 | | date of resignation or retirement, if such officer's conduct was not 214 |
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273 | 273 | | malfeasance or serious misconduct. 215 |
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274 | 274 | | (d) Upon the refusal of any person to comply with an order of the 216 |
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275 | 275 | | department issued pursuant to this section, the superior court for the 217 |
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276 | 276 | | judicial district of Hartford, on application of the department, may issue 218 |
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277 | 277 | | a further order to comply. Any person who fails to obey such further 219 |
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278 | 278 | | order may be punished by the court as for contempt thereof. 220 |
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279 | 279 | | (e) The department may initiate a complaint for investigation under 221 |
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280 | 280 | | section 3 of this act or for referral to an employing agency if (1) a police 222 |
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281 | 281 | | officer obstructed a department investigation or adjudicatory 223 |
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282 | 282 | | proceeding, (2) a police officer retaliated against another officer for filing 224 |
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283 | 283 | | a complaint with the department, or (3) the department's investigation 225 |
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284 | 284 | | of a complaint indicates that another police officer may have committed 226 |
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285 | 285 | | misconduct in the performance of the officer's duties in violation of any 227 |
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286 | 286 | | provision of the general statutes, the regulations of Connecticut state 228 |
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287 | 287 | | agencies, an ordinance or a policy of the employing agency. 229 Raised Bill No. 267 |
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288 | 288 | | |
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289 | 289 | | |
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290 | 290 | | |
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291 | 291 | | LCO No. 2048 9 of 14 |
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292 | 292 | | |
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293 | 293 | | (f) If the department's investigation of a complaint identifies an issue 230 |
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294 | 294 | | of a systemic nature in an employing agency, the department may make 231 |
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295 | 295 | | recommendations to the agency to address the issue, refer the matter to 232 |
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296 | 296 | | the Chief State's Attorney for a criminal investigation or submit 233 |
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297 | 297 | | recommendations to the General Assembly for legislative changes to 234 |
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298 | 298 | | address the issue. 235 |
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299 | 299 | | (g) The department shall publish on the department's Internet web 236 |
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300 | 300 | | site data on the disposition of each complaint received. 237 |
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301 | 301 | | Sec. 7. (NEW) (Effective January 1, 2021) (a) If a police officer files a 238 |
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302 | 302 | | complaint with an employing agency or the department refers a 239 |
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303 | 303 | | complaint to the employing agency, the employing agency shall inform 240 |
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304 | 304 | | the officer of the department's complaint process under the provisions 241 |
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305 | 305 | | of sections 2 to 9, inclusive, of this act. The employing agency shall 242 |
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306 | 306 | | conduct an investigation of such complaint. If the employing agency 243 |
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307 | 307 | | determines that the department would be better suited to investigate the 244 |
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308 | 308 | | complaint or the employing agency cannot resolve the complaint within 245 |
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309 | 309 | | thirty days of filing, the employing agency shall forward the complaint 246 |
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310 | 310 | | to the department. If the employing agency investigates and resolves a 247 |
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311 | 311 | | complaint and the officer who filed the complaint is not satisfied with 248 |
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312 | 312 | | the resolution, the officer may refile the complaint with the department. 249 |
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313 | 313 | | (b) An employing agency shall report to the department on the 250 |
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314 | 314 | | disposition of each complaint received from a police officer by the 251 |
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315 | 315 | | employing agency. 252 |
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316 | 316 | | Sec. 8. (NEW) (Effective January 1, 2021) (a) The department shall make 253 |
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317 | 317 | | information about its complaint process available to the public, 254 |
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318 | 318 | | including on its Internet web site. The department shall conduct 255 |
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319 | 319 | | outreach activities and assist police officers and employing agency 256 |
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320 | 320 | | personnel in understanding the complaint process. 257 |
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321 | 321 | | (b) Not later than January 1, 2022, and annually thereafter, the 258 |
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322 | 322 | | department shall submit a report, in accordance with the provisions of 259 |
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323 | 323 | | section 11-4a of the general statutes, to the joint standing committee of 260 |
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324 | 324 | | the General Assembly having cognizance of matters relating to public 261 Raised Bill No. 267 |
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325 | 325 | | |
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326 | 326 | | |
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327 | 327 | | |
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328 | 328 | | LCO No. 2048 10 of 14 |
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329 | 329 | | |
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330 | 330 | | safety and security. Such report shall include a description of the 262 |
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331 | 331 | | department's activities in the past year and data on complaints received 263 |
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332 | 332 | | and their disposition. 264 |
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333 | 333 | | Sec. 9. (NEW) (Effective January 1, 2021) (a) The provisions of sections 265 |
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334 | 334 | | 2 to 8, inclusive, of this act shall not be applicable to any complaint 266 |
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335 | 335 | | against a police officer who is covered by a collective bargaining 267 |
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336 | 336 | | agreement that (1) governs the investigation and discipline of such 268 |
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337 | 337 | | person, and (2) is in effect on January 1, 2021. 269 |
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338 | 338 | | (b) Each collective bargaining agreement covering a police officer that 270 |
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339 | 339 | | is entered into, amended, revised or renewed after January 1, 2021, (1) 271 |
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340 | 340 | | shall contain a provision that incorporates the provisions of sections 2 272 |
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341 | 341 | | to 8, inclusive, of this act governing the investigation and discipline of 273 |
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342 | 342 | | such police officers; and (2) may not alter the provisions of sections 2 to 274 |
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343 | 343 | | 8, inclusive, of this act. 275 |
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344 | 344 | | Sec. 10. Section 4-5 of the 2020 supplement to the general statutes is 276 |
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345 | 345 | | repealed and the following is substituted in lieu thereof (Effective January 277 |
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346 | 346 | | 1, 2021): 278 |
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347 | 347 | | As used in sections 4-6, 4-7 and 4-8, the term "department head" 279 |
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348 | 348 | | means Secretary of the Office of Policy and Management, Commissioner 280 |
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349 | 349 | | of Administrative Services, Commissioner of Revenue Services, 281 |
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350 | 350 | | Banking Commissioner, Commissioner of Children and Families, 282 |
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351 | 351 | | Commissioner of Consumer Protection, Commissioner of Correction, 283 |
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352 | 352 | | Commissioner of Economic and Community Development, State Board 284 |
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353 | 353 | | of Education, Commissioner of Emergency Services and Public 285 |
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354 | 354 | | Protection, Commissioner of Energy and Environmental Protection, 286 |
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355 | 355 | | Commissioner of Agriculture, Commissioner of Public Health, 287 |
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356 | 356 | | Insurance Commissioner, Labor Commissioner, Commissioner of 288 |
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357 | 357 | | Mental Health and Addiction Services, Commissioner of Social Services, 289 |
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358 | 358 | | Commissioner of Developmental Services, Commissioner of Motor 290 |
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359 | 359 | | Vehicles, Commissioner of Transportation, Commissioner of Veterans 291 |
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360 | 360 | | Affairs, Commissioner of Housing, Commissioner of Aging and 292 |
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361 | 361 | | Disability Services, the Commissioner of Early Childhood, the 293 Raised Bill No. 267 |
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362 | 362 | | |
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363 | 363 | | |
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364 | 364 | | |
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365 | 365 | | LCO No. 2048 11 of 14 |
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366 | 366 | | |
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367 | 367 | | Commissioner of Civilian Justice, the executive director of the Office of 294 |
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368 | 368 | | Military Affairs, the executive director of the Office of Health Strategy 295 |
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369 | 369 | | and the executive director of the Technical Education and Career 296 |
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370 | 370 | | System. As used in sections 4-6 and 4-7, "department head" also means 297 |
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371 | 371 | | the Commissioner of Education. 298 |
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372 | 372 | | Sec. 11. Section 4-5 of the 2020 supplement to the general statutes, as 299 |
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373 | 373 | | amended by section 6 of public act 17-237, section 279 of public act 17-2 300 |
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374 | 374 | | of the June special session, section 20 of public act 18-182 and section 283 301 |
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375 | 375 | | of public act 19-117, is repealed and the following is substituted in lieu 302 |
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376 | 376 | | thereof (Effective July 1, 2022): 303 |
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377 | 377 | | As used in sections 4-6, 4-7 and 4-8, the term "department head" 304 |
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378 | 378 | | means Secretary of the Office of Policy and Management, Commissioner 305 |
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379 | 379 | | of Administrative Services, Commissioner of Revenue Services, 306 |
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380 | 380 | | Banking Commissioner, Commissioner of Children and Families, 307 |
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381 | 381 | | Commissioner of Consumer Protection, Commissioner of Correction, 308 |
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382 | 382 | | Commissioner of Economic and Community Development, State Board 309 |
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383 | 383 | | of Education, Commissioner of Emergency Services and Public 310 |
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384 | 384 | | Protection, Commissioner of Energy and Environmental Protection, 311 |
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385 | 385 | | Commissioner of Agriculture, Commissioner of Public Health, 312 |
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386 | 386 | | Insurance Commissioner, Labor Commissioner, Commissioner of 313 |
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387 | 387 | | Mental Health and Addiction Services, Commissioner of Social Services, 314 |
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388 | 388 | | Commissioner of Developmental Services, Commissioner of Motor 315 |
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389 | 389 | | Vehicles, Commissioner of Transportation, Commissioner of Veterans 316 |
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390 | 390 | | Affairs, Commissioner of Housing, Commissioner of Rehabilitation 317 |
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391 | 391 | | Services, the Commissioner of Early Childhood, the Commissioner of 318 |
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392 | 392 | | Civilian Justice, the executive director of the Office of Military Affairs 319 |
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393 | 393 | | and the executive director of the Technical Education and Career 320 |
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394 | 394 | | System. As used in sections 4-6 and 4-7, "department head" also means 321 |
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395 | 395 | | the Commissioner of Education. 322 |
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396 | 396 | | Sec. 12. Section 4-38c of the 2020 supplement to the general statutes is 323 |
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397 | 397 | | repealed and the following is substituted in lieu thereof (Effective January 324 |
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398 | 398 | | 1, 2021): 325 Raised Bill No. 267 |
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399 | 399 | | |
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400 | 400 | | |
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401 | 401 | | |
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402 | 402 | | LCO No. 2048 12 of 14 |
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403 | 403 | | |
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404 | 404 | | There shall be within the executive branch of state government the 326 |
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405 | 405 | | following departments: Office of Policy and Management, Department 327 |
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406 | 406 | | of Administrative Services, Department of Aging and Disability 328 |
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407 | 407 | | Services, Department of Revenue Services, Department of Banking, 329 |
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408 | 408 | | Department of Agriculture, Department of Children and Families, 330 |
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409 | 409 | | Department of Consumer Protection, Department of Correction, 331 |
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410 | 410 | | Department of Economic and Community Development, State Board of 332 |
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411 | 411 | | Education, Department of Emergency Services and Public Protection, 333 |
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412 | 412 | | Department of Energy and Environmental Protection, Department of 334 |
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413 | 413 | | Public Health, Board of Regents for Higher Education, Insurance 335 |
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414 | 414 | | Department, Labor Department, Department of Mental Health and 336 |
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415 | 415 | | Addiction Services, Department of Developmental Services, 337 |
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416 | 416 | | Department of Social Services, Department of Rehabilitation Services, 338 |
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417 | 417 | | Department of Transportation, Department of Motor Vehicles, 339 |
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418 | 418 | | Department of Veterans Affairs, Department of Civilian Justice and the 340 |
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419 | 419 | | Technical Education and Career System. 341 |
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420 | 420 | | Sec. 13. Section 4-38c of the 2020 supplement to the general statutes, 342 |
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421 | 421 | | as amended by section 7 of public act 17-237, section 287 of public act 343 |
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422 | 422 | | 17-2 of the June special session, section 21 of public act 18-182 and 344 |
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423 | 423 | | section 284 of public act 19-117, is repealed and the following is 345 |
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424 | 424 | | substituted in lieu thereof (Effective July 1, 2022): 346 |
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425 | 425 | | There shall be within the executive branch of state government the 347 |
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426 | 426 | | following departments: Office of Policy and Management, Department 348 |
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427 | 427 | | of Administrative Services, Department of Revenue Services, 349 |
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428 | 428 | | Department of Banking, Department of Agriculture, Department of 350 |
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429 | 429 | | Children and Families, Department of Consumer Protection, 351 |
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430 | 430 | | Department of Correction, Department of Economic and Community 352 |
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431 | 431 | | Development, State Board of Education, Department of Emergency 353 |
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432 | 432 | | Services and Public Protection, Department of Energy and 354 |
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433 | 433 | | Environmental Protection, Department of Public Health, Board of 355 |
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434 | 434 | | Regents for Higher Education, Insurance Department, Labor 356 |
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435 | 435 | | Department, Department of Mental Health and Addiction Services, 357 |
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436 | 436 | | Department of Developmental Services, Department of Social Services, 358 |
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437 | 437 | | Department of Transportation, Department of Motor Vehicles, 359 Raised Bill No. 267 |
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438 | 438 | | |
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439 | 439 | | |
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440 | 440 | | |
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441 | 441 | | LCO No. 2048 13 of 14 |
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442 | 442 | | |
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443 | 443 | | Department of Veterans Affairs, Department of Civilian Justice and the 360 |
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444 | 444 | | Technical Education and Career System. 361 |
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445 | 445 | | Sec. 14. Section 7-291c of the general statutes is repealed and the 362 |
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446 | 446 | | following is substituted in lieu thereof (Effective January 1, 2021): 363 |
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447 | 447 | | (a) No law enforcement unit, as defined in section 7-294a, shall hire 364 |
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448 | 448 | | any person as a police officer, as defined in said section 7-294a, who was 365 |
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449 | 449 | | previously employed as a police officer by such unit or in any other 366 |
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450 | 450 | | jurisdiction and who (1) (A) was dismissed for malfeasance or other 367 |
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451 | 451 | | serious misconduct calling into question such person's fitness to serve 368 |
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452 | 452 | | as a police officer; or [(2)] (B) resigned or retired from such officer's 369 |
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453 | 453 | | position while under investigation for such malfeasance or other serious 370 |
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454 | 454 | | misconduct; or (2) within the past five years, was dismissed, resigned or 371 |
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455 | 455 | | retired from such officer's position, pursuant to an order of the 372 |
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456 | 456 | | Department of Civilian Justice under subdivision (1) of subsection (a) of 373 |
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457 | 457 | | section 6 of this act, for conduct other than malfeasance or other serious 374 |
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458 | 458 | | misconduct calling into question such person's fitness to serve as a 375 |
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459 | 459 | | police officer. 376 |
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460 | 460 | | (b) Any law enforcement unit that has knowledge that any former 377 |
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461 | 461 | | police officer of such unit who (1) (A) was dismissed for malfeasance or 378 |
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462 | 462 | | other serious misconduct or pursuant to an order of the Department of 379 |
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463 | 463 | | Civilian Justice under subdivision (1) of subsection (a) of section 6 of this 380 |
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464 | 464 | | act, or (B) resigned or retired from such officer's position while under 381 |
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465 | 465 | | investigation for [such malfeasance or other serious] misconduct; and 382 |
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466 | 466 | | (2) is an applicant for the position of police officer with any other law 383 |
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467 | 467 | | enforcement unit, shall inform such other unit and the Police Officer 384 |
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468 | 468 | | Standards and Training Council established under section 7-294b of 385 |
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469 | 469 | | such dismissal, resignation or retirement. 386 |
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470 | 470 | | (c) The provisions of this section shall not apply to any police officer 387 |
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471 | 471 | | who is exonerated of each allegation against such officer of [such 388 |
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472 | 472 | | malfeasance or other serious misconduct] misconduct. 389 |
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473 | 473 | | (d) For purposes of this section, (1) "malfeasance" means the 390 |
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474 | 474 | | commonly approved usage of "malfeasance"; and (2) "serious 391 Raised Bill No. 267 |
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475 | 475 | | |
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476 | 476 | | |
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477 | 477 | | |
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478 | 478 | | LCO No. 2048 14 of 14 |
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479 | 479 | | |
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480 | 480 | | misconduct" means improper or illegal actions taken by a police officer 392 |
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481 | 481 | | in connection with such officer's official duties that could result in a 393 |
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482 | 482 | | miscarriage of justice or discrimination, including, but not limited to, 394 |
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483 | 483 | | (A) a conviction of a felony, (B) fabrication of evidence, (C) repeated use 395 |
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484 | 484 | | of excessive force, (D) acceptance of a bribe, or (E) the commission of 396 |
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485 | 485 | | fraud. 397 |
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486 | 486 | | This act shall take effect as follows and shall amend the following |
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487 | 487 | | sections: |
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488 | 488 | | |
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489 | 489 | | Section 1 January 1, 2021 New section |
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490 | 490 | | Sec. 2 January 1, 2021 New section |
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491 | 491 | | Sec. 3 January 1, 2021 New section |
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492 | 492 | | Sec. 4 January 1, 2021 New section |
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493 | 493 | | Sec. 5 January 1, 2021 New section |
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494 | 494 | | Sec. 6 January 1, 2021 New section |
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495 | 495 | | Sec. 7 January 1, 2021 New section |
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496 | 496 | | Sec. 8 January 1, 2021 New section |
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497 | 497 | | Sec. 9 January 1, 2021 New section |
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498 | 498 | | Sec. 10 January 1, 2021 4-5 |
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499 | 499 | | Sec. 11 July 1, 2022 4-5 |
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500 | 500 | | Sec. 12 January 1, 2021 4-38c |
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501 | 501 | | Sec. 13 July 1, 2022 4-38c |
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502 | 502 | | Sec. 14 January 1, 2021 7-291c |
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503 | 503 | | |
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504 | 504 | | Statement of Purpose: |
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505 | 505 | | To establish a Department of Civilian Justice to receive and investigate |
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506 | 506 | | complaints from a police officer alleging misconduct by another police |
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507 | 507 | | officer in the performance of the officer's duties. |
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508 | 508 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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509 | 509 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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510 | 510 | | underlined.] |
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511 | 511 | | |
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