Connecticut 2021 Regular Session

Connecticut House Bill HB05692 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1149 1 of 3
4	4
5	5	General Assembly Proposed Bill No. 5692
6	6	January Session, 2021
7	7	LCO No. 1149
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	REP. CANDELORA, 86th Dist.
15	15	REP. DEVLIN, 134th Dist.
16	16	REP. O'DEA, 125th Dist.
17	17	REP. PERILLO, 113th Dist.
18	18	REP. REBIMBAS, 70th Dist.
19	19	REP. ZUPKUS, 89th Dist.
20	20
21	21
22	22
23	23	AN ACT DELAYING CERTAIN EFFECTIVE DATES AND MAKING
24	24	OTHER REVISIONS OF THE POLICE ACCOUNTABILITY
25	25	LEGISLATION OF PUBLIC ACT 20 -1 OF THE JULY SPECIAL
26	26	SESSION.
27	27	Be it enacted by the Senate and House of Representatives in General
28	28	Assembly convened:
29	29
30	30	That certain sections of the general statutes amended by or enacted 1
31	31	as part of public act 20-1 of the July special session be amended in the 2
32	32	following manners to: 3
33	33	(1) Postpone the effective dates of all sections of the bill until July 1, 4
34	34	2023, to allow for the development and offering of law enforcement 5
35	35	liability insurance policies to individual police officers; 6
36	36	(2) Amend subsection (d) of section 52-571k to allow governmental 7
37	37	immunity to be a defense except in cases where an officer is acting in a 8
38	38	manner evincing extreme indifference to human life, and to permit 9
39	39	interlocutory appeals of a trial court's denial of the application of 10
40	40	governmental immunity; 11 Proposed Bill No. 5692
41	41
42	42
43	43	LCO No. 1149 2 of 3
44	44
45	45	(3) Revise the prohibition on consent searches to ensure public safety, 12
46	46	officer safety, and that investigations into such incidents as sexual 13
47	47	assaults and officer-involved shootings are able to be completed with 14
48	48	exclusionary samples from witnesses and victims; 15
49	49	(4) Properly define justifiable force, to give officers certainty over 16
50	50	what is permissible and the ability to properly train to defend 17
51	51	themselves, including reestablishment of "threatened infliction" of 18
52	52	serious physical injury into subparagraph (B) of subdivision (1) of 19
53	53	subsection (c) of section 53a-22 of the general statutes as a justification; 20
54	54	(5) Strike in section 7-294d of the general statutes the language 21
55	55	allowing for decertification for conduct that "undermines public 22
56	56	confidence in law enforcement" and replace with examples of specific 23
57	57	conduct; 24
58	58	(6) Ensure that mental health assessments of officers required by 25
59	59	section 7-291e of the general statutes comply with the Americans with 26
60	60	Disabilities Act, and ensure that police officers are able to seek treatment 27
61	61	without fear of discipline or losing their jobs; 28
62	62	(7) Revise the process by which the Inspector General is chosen and 29
63	63	appointed to ensure constitutionality; 30
64	64	(8) Strike the phrase "unreasonable, excessive" where it appears in 31
65	65	section 7-282e of the general statutes, to ensure an officer is only 32
66	66	criminally liable for failing to intervene in another officer's use of force 33
67	67	if that force constitutes a crime; 34
68	68	(9) Establish due process in section 7-294aaa of the general statutes 35
69	69	by requiring subpoenas issued by civilian police review boards be 36
70	70	subject to objection proceedings in Superior Court; 37
71	71	(10) Increase to fifty per cent the reimbursement rate for 38
72	72	nondistressed municipalities for body-worn and dashboard camera 39
73	73	equipment; 40
74	74	(11) Make optional the requirements that municipalities gain 41 Proposed Bill No. 5692
75	75
76	76
77	77	LCO No. 1149 3 of 3
78	78
79	79	Commission on Accreditation for Law Enforcement Agencies, Inc., 42
80	80	accreditation; 43
81	81	(12) Amend sections 29-161h and 29-161q of the general statutes to 44
82	82	ensure security guard licensure bar applies to out-of-state police; 45
83	83	(13) Permit additional equipment to be made available to police 46
84	84	departments under the federal excess military equipment program after 47
85	85	public hearing and allow municipalities to appeal decisions of the 48
86	86	Governor and Commissioner of Emergency Services and Public 49
87	87	Protection; 50
88	88	(14) Relax the zero-tolerance standard for officer drug testing, 51
89	89	understanding that officers often pick up trace amounts of controlled 52
90	90	substances while on duty; and 53
91	91	(15) Amend section 29-6d of the general statutes to ensure that 54
92	92	officers have the ability to review, with representation, video footage 55
93	93	from body-worn or dashboard cameras if an investigation is initiated 56
94	94	later than ninety-six hours after the recorded incident. 57
95	95	Statement of Purpose:
96	96	To revise the police accountability legislation of public act 20-1 of the
97	97	July special session in order to restore the due process rights of peace
98	98	officers entrusted to enforce our laws and protect public safety.