Connecticut 2020 Regular Session

Connecticut Senate Bill SB00267 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33
44 LCO No. 2048 1 of 14
55
66 General Assembly Raised Bill No. 267
77 February Session, 2020
88 LCO No. 2048
99
1010
1111 Referred to Committee on PUBLIC SAFETY AND SECURITY
1212
1313
1414 Introduced by:
1515 (PS)
1616
1717
1818
1919
2020 AN ACT ESTABLISHING A DEPARTMENT OF CIVILIAN JUSTICE.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. (NEW) (Effective January 1, 2021) (a) There is established a 1
2525 Department of Civilian Justice, which shall be under the direction and 2
2626 supervision of a Commissioner of Civilian Justice appointed by the 3
2727 Governor in accordance with the provisions of sections 4-5 to 4-8, 4
2828 inclusive, of the general statutes, as amended by this act, with the 5
2929 powers and duties prescribed in said sections. A commissioner may be 6
3030 reappointed but may not serve as commissioner for more than eight 7
3131 years, except as provided in section 4-6 of the general statutes. 8
3232 (b) (1) There is established within the department an investigative 9
3333 unit. There shall be a deputy commissioner for investigative operations, 10
3434 who shall be appointed by the commissioner to supervise and direct 11
3535 such unit. The deputy commissioner for investigative operations shall 12
3636 have professional training in investigations and at least five years of 13
3737 managerial and practical experience in matters relating to 14
3838 investigations. The deputy commissioner for investigative operations 15
3939 shall, within available resources, hire and supervise investigative 16 Raised Bill No. 267
4040
4141
4242
4343 LCO No. 2048 2 of 14
4444
4545 supervisors and investigators, provided such investigative supervisors 17
4646 and investigators are not law enforcement officers. 18
4747 (2) There is established within the department an adjudicatory unit. 19
4848 There shall be a deputy commissioner for adjudicatory operations, who 20
4949 shall be appointed by the commissioner to supervise and direct such 21
5050 unit. The deputy commissioner for adjudicatory operations shall be an 22
5151 attorney-at-law and have at least five years of managerial and practical 23
5252 experience in judicial or administrative adjudications. The deputy 24
5353 commissioner for adjudicatory operations shall supervise the 25
5454 department's adjudicatory unit and shall, within available resources, 26
5555 hire and supervise hearing officers. 27
5656 Sec. 2. (NEW) (Effective January 1, 2021) (a) As used in this section and 28
5757 sections 3 to 9, inclusive, of this act: 29
5858 (1) "Department" means the Department of Civilian Justice 30
5959 established in section 1 of this act; 31
6060 (2) "Employing agency" means (A) for a state police officer, the 32
6161 Division of State Police within the Department of Emergency Services 33
6262 and Public Protection, and (B) for a municipal police officer, the 34
6363 municipal police department employing the officer; and 35
6464 (3) "Police officer" means a state or municipal police officer. 36
6565 (b) The department shall have the following duties and powers: 37
6666 (1) To receive and investigate complaints from a police officer 38
6767 alleging misconduct by another police officer in the performance of the 39
6868 officer's duties; 40
6969 (2) To review records and files of a police officer who is under 41
7070 investigation pursuant to this section or sections 3 to 9, inclusive, of this 42
7171 act and to issue subpoenas as necessary to conduct such an 43
7272 investigation; 44
7373 (3) To conduct adjudicatory proceedings in accordance with chapter 45 Raised Bill No. 267
7474
7575
7676
7777 LCO No. 2048 3 of 14
7878
7979 54 of the general statutes, and during such proceedings administer 46
8080 oaths, examine witnesses, receive oral and documentary evidence and 47
8181 issue subpoenas to compel the attendance of witnesses and the 48
8282 production of documents a hearing officer deems relevant, under 49
8383 procedural rules the department shall adopt as regulations in 50
8484 accordance with chapter 54 of the general statutes; 51
8585 (4) To consult with the Chief State's Attorney or the Attorney General 52
8686 on any matter the department deems appropriate; 53
8787 (5) To consult with the United States Department of Justice and the 54
8888 United States Attorney for the district of Connecticut on any 55
8989 investigation; 56
9090 (6) To impose discipline on a police officer found in an adjudicatory 57
9191 proceeding to have committed misconduct in the performance of the 58
9292 officer's duties in violation of any provision of the general statutes, the 59
9393 regulations of Connecticut state agencies, an ordinance or a policy of the 60
9494 employing agency; 61
9595 (7) To issue a cease and desist order related to a finding of misconduct 62
9696 in violation of any provision of the general statutes, the regulations of 63
9797 Connecticut state agencies, an ordinance or a policy of an employing 64
9898 agency by a police officer or an employing agency and to take 65
9999 reasonable actions necessary to compel compliance with such provision 66
100100 of the general statutes, the regulations of Connecticut state agencies, an 67
101101 ordinance or a policy of the employing agency; 68
102102 (8) To refer to the Attorney General evidence for injunctive relief and 69
103103 any other ancillary equitable relief relating to a violation of any 70
104104 provision of the general statutes, the regulations of Connecticut state 71
105105 agencies, an ordinance or a policy of an employing agency; 72
106106 (9) To refer to the Chief State's Attorney evidence of a criminal 73
107107 violation of the general statutes by a police officer; 74
108108 (10) To conduct outreach to communities throughout the state to 75 Raised Bill No. 267
109109
110110
111111
112112 LCO No. 2048 4 of 14
113113
114114 inform the public about the department's services and complaint 76
115115 procedures; 77
116116 (11) To enter into such contractual agreements as may be necessary 78
117117 for the discharge of its duties; and 79
118118 (12) To adopt regulations in accordance with chapter 54 of the general 80
119119 statutes to establish any procedures necessary for receiving, 81
120120 investigating and adjudicating complaints regarding misconduct by a 82
121121 police officer. 83
122122 (c) Department investigators shall investigate complaints in an 84
123123 impartial manner and shall not be unduly influenced by an employing 85
124124 agency or any other agency of the state or a political subdivision of the 86
125125 state. 87
126126 (d) Hearing officers shall conduct adjudication proceedings 88
127127 regarding complaints in an impartial manner and shall not be affiliated 89
128128 with or unduly influenced by an employing agency or any other agency 90
129129 of the state or a political subdivision of the state. 91
130130 Sec. 3. (NEW) (Effective January 1, 2021) (a) As used in sections 2 to 8, 92
131131 inclusive, of this act, "complaint" means a complaint filed by a police 93
132132 officer or initiated by the department under subsection (e) of section 6 94
133133 of this act alleging misconduct by another police officer in the 95
134134 performance of the officer's duties in violation of any provision of the 96
135135 general statutes, the regulations of Connecticut state agencies, an 97
136136 ordinance or a policy of the employing agency. 98
137137 (b) Any police officer may file a complaint with the department, 99
138138 provided the misconduct alleged in the complaint occurred within the 100
139139 six months preceding the date of the complaint's filing, unless the 101
140140 deputy commissioner for investigative operations finds good cause to 102
141141 excuse delay in filing. The officer need not be a witness to or victim of 103
142142 the alleged misconduct. The department's investigative unit shall 104
143143 investigate each complaint received under this subsection. An 105
144144 investigator shall complete an initial investigation not later than 106 Raised Bill No. 267
145145
146146
147147
148148 LCO No. 2048 5 of 14
149149
150150 fourteen days after receiving a complaint. After such initial 107
151151 investigation, the deputy commissioner for investigative operations 108
152152 shall: 109
153153 (1) Issue a final decision ordering the complaint dismissed: (A) For 110
154154 failure to state a claim within the department's jurisdiction; (B) as 111
155155 untimely, if the complaint involves an incident that occurred more than 112
156156 six months prior to the complaint's filing date, unless there is good cause 113
157157 to excuse the delay in filing; (C) as frivolous, vexatious or made in bad 114
158158 faith; or (D) as more appropriate for another agency to investigate and 115
159159 resolve; 116
160160 (2) Order the investigation of the complaint suspended until (A) the 117
161161 conclusion of a criminal investigation, or (B) the filing of a report at the 118
162162 conclusion of an investigation conducted pursuant to section 51-277a of 119
163163 the general statutes; 120
164164 (3) Order the complaint referred to the relevant employing agency for 121
165165 investigation and resolution; or 122
166166 (4) Order the investigation of the complaint to continue. 123
167167 (c) The department shall inform the complainant, subject of the 124
168168 complaint and employing agency of the order of the deputy 125
169169 commissioner under subsection (b) of this section and the reasons for 126
170170 the order. 127
171171 (d) (1) If the deputy commissioner for investigative operations orders 128
172172 the investigation to continue pursuant to subdivision (4) of subsection 129
173173 (b) of this section, the complaint investigator shall resume the 130
174174 investigation and the deputy commissioner shall order the complaint 131
175175 placed on the docket of the adjudicatory unit. 132
176176 (2) The department may resolve a complaint at any stage by 133
177177 stipulation, agreed settlement or consent order, if the deputy 134
178178 commissioner for investigative operations determines that the 135
179179 complaint alleges misconduct that is not of a serious nature. 136 Raised Bill No. 267
180180
181181
182182
183183 LCO No. 2048 6 of 14
184184
185185 (3) An investigator may require the production of documents, data or 137
186186 other information relevant to the investigation. Personnel of an 138
187187 employing agency shall, upon request, provide reasonable assistance to 139
188188 the investigator, including assistance as necessary to allow the 140
189189 investigator to understand any document, data or information is 141
190190 relevant to the investigation. 142
191191 Sec. 4. (NEW) (Effective January 1, 2021) (a) Not later than thirty days 143
192192 after a complaint is filed under section 3 of this act, a hearing officer in 144
193193 the adjudicatory unit shall hold a hearing on the complaint to determine 145
194194 if there is probable cause that a police officer committed misconduct in 146
195195 violation of any provision of the general statutes, the regulations of 147
196196 Connecticut state agencies, an ordinance or a policy of the employing 148
197197 agency. 149
198198 (b) If the hearing officer does not find probable cause, the hearing 150
199199 officer shall order the complaint dismissed and inform the complainant, 151
200200 subject of the complaint and employing agency of the order. 152
201201 (c) If the hearing officer finds probable cause, the case shall proceed 153
202202 as a contested case, and the officer who is the subject of the complaint 154
203203 shall have a right to a hearing and a right to appeal, in accordance with 155
204204 chapter 54 of the general statutes. 156
205205 Sec. 5. (NEW) (Effective January 1, 2021) (a) If a person refuses to 157
206206 comply with a subpoena issued pursuant to a department investigation 158
207207 or adjudication or to testify with respect to a matter upon which the 159
208208 person may be lawfully interrogated, the superior court for the judicial 160
209209 district of Hartford, on application of the department, may issue an 161
210210 order requiring such person to comply with such subpoena or to testify, 162
211211 as the case may be. Any person who fails to obey such order of the court 163
212212 may be punished by the court as for contempt thereof. 164
213213 (b) To the extent that the department is involved in the investigation 165
214214 of an alleged criminal violation of any provision of the general statutes 166
215215 by a police officer in the performance of the officer's duties, the 167
216216 department shall be deemed a law enforcement agency for purposes of 168 Raised Bill No. 267
217217
218218
219219
220220 LCO No. 2048 7 of 14
221221
222222 subdivision (3) of subsection (b) of section 1-210 of the general statutes, 169
223223 provided nothing in this section shall be construed to exempt the 170
224224 department in any other respect from the requirements of the Freedom 171
225225 of Information Act, as defined in section 1-200 of the general statutes. 172
226226 Sec. 6. (NEW) (Effective January 1, 2021) (a) If a hearing officer finds 173
227227 that a police officer who is the subject of a complaint committed 174
228228 misconduct in the performance of the officer's duties in violation of any 175
229229 provision of the general statutes, the regulations of Connecticut state 176
230230 agencies, an ordinance or a policy of the employing agency, the hearing 177
231231 officer shall issue a final decision and may order the police officer: 178
232232 (1) Dismissed from employment at the officer's employing agency 179
233233 immediately, or dismissed within a specified period of time, not to 180
234234 exceed seven days, unless the officer resigns or retires; 181
235235 (2) Demoted by the officer's employing agency, in a manner and for 182
236236 a specified period of time not to exceed one year; 183
237237 (3) Suspended, with or without pay, for a specified period of time not 184
238238 to exceed thirty days; 185
239239 (4) To forfeit up to three days of pay; 186
240240 (5) Reprimanded, orally or in writing; 187
241241 (6) To attend counseling, a treatment program, additional training or 188
242242 any other relevant program or activity; or 189
243243 (7) To be subject to any combination of discipline under subdivisions 190
244244 (2) to (6), inclusive, of this subsection. 191
245245 (b) The department's authority to impose discipline on a police officer 192
246246 shall be in addition to the authority of an employing agency, licensing 193
247247 authority or other entity with authority over such person under the 194
248248 general statutes, the regulations of Connecticut state agencies, an 195
249249 ordinance, a policy of the employing agency or a collective bargaining 196
250250 agreement. 197 Raised Bill No. 267
251251
252252
253253
254254 LCO No. 2048 8 of 14
255255
256256 (c) (1) If a police officer is dismissed or resigns pending dismissal 198
257257 pursuant to an order under subdivision (1) of subsection (a) of this 199
258258 section, the officer shall be (A) prohibited from employment as a police 200
259259 officer, if the hearing officer finds that the police officer committed 201
260260 malfeasance or serious misconduct calling into question the police 202
261261 officer's fitness to serve as a police officer, or (B) prohibited from 203
262262 employment as a police officer for five years following the date of 204
263263 dismissal or resignation, if such police officer's conduct was not 205
264264 malfeasance or serious misconduct. 206
265265 (2) If a police officer, who is the subject of a complaint, resigns or 207
266266 retires before proceedings on the complaint conclude, the department 208
267267 shall terminate the proceedings. The department shall reinstate the 209
268268 proceedings if the person is reemployed as a police officer and such 210
269269 reemployment occurs (A) at any time, if the officer allegedly committed 211
270270 malfeasance or serious misconduct calling into question the officer's 212
271271 fitness to serve as a police officer, or (B) within five years following the 213
272272 date of resignation or retirement, if such officer's conduct was not 214
273273 malfeasance or serious misconduct. 215
274274 (d) Upon the refusal of any person to comply with an order of the 216
275275 department issued pursuant to this section, the superior court for the 217
276276 judicial district of Hartford, on application of the department, may issue 218
277277 a further order to comply. Any person who fails to obey such further 219
278278 order may be punished by the court as for contempt thereof. 220
279279 (e) The department may initiate a complaint for investigation under 221
280280 section 3 of this act or for referral to an employing agency if (1) a police 222
281281 officer obstructed a department investigation or adjudicatory 223
282282 proceeding, (2) a police officer retaliated against another officer for filing 224
283283 a complaint with the department, or (3) the department's investigation 225
284284 of a complaint indicates that another police officer may have committed 226
285285 misconduct in the performance of the officer's duties in violation of any 227
286286 provision of the general statutes, the regulations of Connecticut state 228
287287 agencies, an ordinance or a policy of the employing agency. 229 Raised Bill No. 267
288288
289289
290290
291291 LCO No. 2048 9 of 14
292292
293293 (f) If the department's investigation of a complaint identifies an issue 230
294294 of a systemic nature in an employing agency, the department may make 231
295295 recommendations to the agency to address the issue, refer the matter to 232
296296 the Chief State's Attorney for a criminal investigation or submit 233
297297 recommendations to the General Assembly for legislative changes to 234
298298 address the issue. 235
299299 (g) The department shall publish on the department's Internet web 236
300300 site data on the disposition of each complaint received. 237
301301 Sec. 7. (NEW) (Effective January 1, 2021) (a) If a police officer files a 238
302302 complaint with an employing agency or the department refers a 239
303303 complaint to the employing agency, the employing agency shall inform 240
304304 the officer of the department's complaint process under the provisions 241
305305 of sections 2 to 9, inclusive, of this act. The employing agency shall 242
306306 conduct an investigation of such complaint. If the employing agency 243
307307 determines that the department would be better suited to investigate the 244
308308 complaint or the employing agency cannot resolve the complaint within 245
309309 thirty days of filing, the employing agency shall forward the complaint 246
310310 to the department. If the employing agency investigates and resolves a 247
311311 complaint and the officer who filed the complaint is not satisfied with 248
312312 the resolution, the officer may refile the complaint with the department. 249
313313 (b) An employing agency shall report to the department on the 250
314314 disposition of each complaint received from a police officer by the 251
315315 employing agency. 252
316316 Sec. 8. (NEW) (Effective January 1, 2021) (a) The department shall make 253
317317 information about its complaint process available to the public, 254
318318 including on its Internet web site. The department shall conduct 255
319319 outreach activities and assist police officers and employing agency 256
320320 personnel in understanding the complaint process. 257
321321 (b) Not later than January 1, 2022, and annually thereafter, the 258
322322 department shall submit a report, in accordance with the provisions of 259
323323 section 11-4a of the general statutes, to the joint standing committee of 260
324324 the General Assembly having cognizance of matters relating to public 261 Raised Bill No. 267
325325
326326
327327
328328 LCO No. 2048 10 of 14
329329
330330 safety and security. Such report shall include a description of the 262
331331 department's activities in the past year and data on complaints received 263
332332 and their disposition. 264
333333 Sec. 9. (NEW) (Effective January 1, 2021) (a) The provisions of sections 265
334334 2 to 8, inclusive, of this act shall not be applicable to any complaint 266
335335 against a police officer who is covered by a collective bargaining 267
336336 agreement that (1) governs the investigation and discipline of such 268
337337 person, and (2) is in effect on January 1, 2021. 269
338338 (b) Each collective bargaining agreement covering a police officer that 270
339339 is entered into, amended, revised or renewed after January 1, 2021, (1) 271
340340 shall contain a provision that incorporates the provisions of sections 2 272
341341 to 8, inclusive, of this act governing the investigation and discipline of 273
342342 such police officers; and (2) may not alter the provisions of sections 2 to 274
343343 8, inclusive, of this act. 275
344344 Sec. 10. Section 4-5 of the 2020 supplement to the general statutes is 276
345345 repealed and the following is substituted in lieu thereof (Effective January 277
346346 1, 2021): 278
347347 As used in sections 4-6, 4-7 and 4-8, the term "department head" 279
348348 means Secretary of the Office of Policy and Management, Commissioner 280
349349 of Administrative Services, Commissioner of Revenue Services, 281
350350 Banking Commissioner, Commissioner of Children and Families, 282
351351 Commissioner of Consumer Protection, Commissioner of Correction, 283
352352 Commissioner of Economic and Community Development, State Board 284
353353 of Education, Commissioner of Emergency Services and Public 285
354354 Protection, Commissioner of Energy and Environmental Protection, 286
355355 Commissioner of Agriculture, Commissioner of Public Health, 287
356356 Insurance Commissioner, Labor Commissioner, Commissioner of 288
357357 Mental Health and Addiction Services, Commissioner of Social Services, 289
358358 Commissioner of Developmental Services, Commissioner of Motor 290
359359 Vehicles, Commissioner of Transportation, Commissioner of Veterans 291
360360 Affairs, Commissioner of Housing, Commissioner of Aging and 292
361361 Disability Services, the Commissioner of Early Childhood, the 293 Raised Bill No. 267
362362
363363
364364
365365 LCO No. 2048 11 of 14
366366
367367 Commissioner of Civilian Justice, the executive director of the Office of 294
368368 Military Affairs, the executive director of the Office of Health Strategy 295
369369 and the executive director of the Technical Education and Career 296
370370 System. As used in sections 4-6 and 4-7, "department head" also means 297
371371 the Commissioner of Education. 298
372372 Sec. 11. Section 4-5 of the 2020 supplement to the general statutes, as 299
373373 amended by section 6 of public act 17-237, section 279 of public act 17-2 300
374374 of the June special session, section 20 of public act 18-182 and section 283 301
375375 of public act 19-117, is repealed and the following is substituted in lieu 302
376376 thereof (Effective July 1, 2022): 303
377377 As used in sections 4-6, 4-7 and 4-8, the term "department head" 304
378378 means Secretary of the Office of Policy and Management, Commissioner 305
379379 of Administrative Services, Commissioner of Revenue Services, 306
380380 Banking Commissioner, Commissioner of Children and Families, 307
381381 Commissioner of Consumer Protection, Commissioner of Correction, 308
382382 Commissioner of Economic and Community Development, State Board 309
383383 of Education, Commissioner of Emergency Services and Public 310
384384 Protection, Commissioner of Energy and Environmental Protection, 311
385385 Commissioner of Agriculture, Commissioner of Public Health, 312
386386 Insurance Commissioner, Labor Commissioner, Commissioner of 313
387387 Mental Health and Addiction Services, Commissioner of Social Services, 314
388388 Commissioner of Developmental Services, Commissioner of Motor 315
389389 Vehicles, Commissioner of Transportation, Commissioner of Veterans 316
390390 Affairs, Commissioner of Housing, Commissioner of Rehabilitation 317
391391 Services, the Commissioner of Early Childhood, the Commissioner of 318
392392 Civilian Justice, the executive director of the Office of Military Affairs 319
393393 and the executive director of the Technical Education and Career 320
394394 System. As used in sections 4-6 and 4-7, "department head" also means 321
395395 the Commissioner of Education. 322
396396 Sec. 12. Section 4-38c of the 2020 supplement to the general statutes is 323
397397 repealed and the following is substituted in lieu thereof (Effective January 324
398398 1, 2021): 325 Raised Bill No. 267
399399
400400
401401
402402 LCO No. 2048 12 of 14
403403
404404 There shall be within the executive branch of state government the 326
405405 following departments: Office of Policy and Management, Department 327
406406 of Administrative Services, Department of Aging and Disability 328
407407 Services, Department of Revenue Services, Department of Banking, 329
408408 Department of Agriculture, Department of Children and Families, 330
409409 Department of Consumer Protection, Department of Correction, 331
410410 Department of Economic and Community Development, State Board of 332
411411 Education, Department of Emergency Services and Public Protection, 333
412412 Department of Energy and Environmental Protection, Department of 334
413413 Public Health, Board of Regents for Higher Education, Insurance 335
414414 Department, Labor Department, Department of Mental Health and 336
415415 Addiction Services, Department of Developmental Services, 337
416416 Department of Social Services, Department of Rehabilitation Services, 338
417417 Department of Transportation, Department of Motor Vehicles, 339
418418 Department of Veterans Affairs, Department of Civilian Justice and the 340
419419 Technical Education and Career System. 341
420420 Sec. 13. Section 4-38c of the 2020 supplement to the general statutes, 342
421421 as amended by section 7 of public act 17-237, section 287 of public act 343
422422 17-2 of the June special session, section 21 of public act 18-182 and 344
423423 section 284 of public act 19-117, is repealed and the following is 345
424424 substituted in lieu thereof (Effective July 1, 2022): 346
425425 There shall be within the executive branch of state government the 347
426426 following departments: Office of Policy and Management, Department 348
427427 of Administrative Services, Department of Revenue Services, 349
428428 Department of Banking, Department of Agriculture, Department of 350
429429 Children and Families, Department of Consumer Protection, 351
430430 Department of Correction, Department of Economic and Community 352
431431 Development, State Board of Education, Department of Emergency 353
432432 Services and Public Protection, Department of Energy and 354
433433 Environmental Protection, Department of Public Health, Board of 355
434434 Regents for Higher Education, Insurance Department, Labor 356
435435 Department, Department of Mental Health and Addiction Services, 357
436436 Department of Developmental Services, Department of Social Services, 358
437437 Department of Transportation, Department of Motor Vehicles, 359 Raised Bill No. 267
438438
439439
440440
441441 LCO No. 2048 13 of 14
442442
443443 Department of Veterans Affairs, Department of Civilian Justice and the 360
444444 Technical Education and Career System. 361
445445 Sec. 14. Section 7-291c of the general statutes is repealed and the 362
446446 following is substituted in lieu thereof (Effective January 1, 2021): 363
447447 (a) No law enforcement unit, as defined in section 7-294a, shall hire 364
448448 any person as a police officer, as defined in said section 7-294a, who was 365
449449 previously employed as a police officer by such unit or in any other 366
450450 jurisdiction and who (1) (A) was dismissed for malfeasance or other 367
451451 serious misconduct calling into question such person's fitness to serve 368
452452 as a police officer; or [(2)] (B) resigned or retired from such officer's 369
453453 position while under investigation for such malfeasance or other serious 370
454454 misconduct; or (2) within the past five years, was dismissed, resigned or 371
455455 retired from such officer's position, pursuant to an order of the 372
456456 Department of Civilian Justice under subdivision (1) of subsection (a) of 373
457457 section 6 of this act, for conduct other than malfeasance or other serious 374
458458 misconduct calling into question such person's fitness to serve as a 375
459459 police officer. 376
460460 (b) Any law enforcement unit that has knowledge that any former 377
461461 police officer of such unit who (1) (A) was dismissed for malfeasance or 378
462462 other serious misconduct or pursuant to an order of the Department of 379
463463 Civilian Justice under subdivision (1) of subsection (a) of section 6 of this 380
464464 act, or (B) resigned or retired from such officer's position while under 381
465465 investigation for [such malfeasance or other serious] misconduct; and 382
466466 (2) is an applicant for the position of police officer with any other law 383
467467 enforcement unit, shall inform such other unit and the Police Officer 384
468468 Standards and Training Council established under section 7-294b of 385
469469 such dismissal, resignation or retirement. 386
470470 (c) The provisions of this section shall not apply to any police officer 387
471471 who is exonerated of each allegation against such officer of [such 388
472472 malfeasance or other serious misconduct] misconduct. 389
473473 (d) For purposes of this section, (1) "malfeasance" means the 390
474474 commonly approved usage of "malfeasance"; and (2) "serious 391 Raised Bill No. 267
475475
476476
477477
478478 LCO No. 2048 14 of 14
479479
480480 misconduct" means improper or illegal actions taken by a police officer 392
481481 in connection with such officer's official duties that could result in a 393
482482 miscarriage of justice or discrimination, including, but not limited to, 394
483483 (A) a conviction of a felony, (B) fabrication of evidence, (C) repeated use 395
484484 of excessive force, (D) acceptance of a bribe, or (E) the commission of 396
485485 fraud. 397
486486 This act shall take effect as follows and shall amend the following
487487 sections:
488488
489489 Section 1 January 1, 2021 New section
490490 Sec. 2 January 1, 2021 New section
491491 Sec. 3 January 1, 2021 New section
492492 Sec. 4 January 1, 2021 New section
493493 Sec. 5 January 1, 2021 New section
494494 Sec. 6 January 1, 2021 New section
495495 Sec. 7 January 1, 2021 New section
496496 Sec. 8 January 1, 2021 New section
497497 Sec. 9 January 1, 2021 New section
498498 Sec. 10 January 1, 2021 4-5
499499 Sec. 11 July 1, 2022 4-5
500500 Sec. 12 January 1, 2021 4-38c
501501 Sec. 13 July 1, 2022 4-38c
502502 Sec. 14 January 1, 2021 7-291c
503503
504504 Statement of Purpose:
505505 To establish a Department of Civilian Justice to receive and investigate
506506 complaints from a police officer alleging misconduct by another police
507507 officer in the performance of the officer's duties.
508508 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
509509 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
510510 underlined.]
511511