Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06462 Introduced / Bill

Filed 02/16/2021

                        
 
 
LCO No. 3226  	1 of 3 
 
General Assembly  Raised Bill No. 6462  
January Session, 2021 
LCO No. 3226 
 
 
Referred to Committee on JUDICIARY  
 
 
Introduced by:  
(JUD)  
 
 
 
 
AN ACT CONCERNING US E OF FORCE BY A PEACE OFFICER. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (Effective March 31, 2021) Section 29 of public act 20-1 of the 1 
July special session general statutes shall take effect October 1, 2022. 2 
Sec. 2. Subsection (c) of section 53a-22 of the general statutes, as 3 
amended by section 29 of public act 20-1 of the July special session, is 4 
repealed and the following is substituted in lieu thereof (Effective October 5 
1, 2022):  6 
(c) (1) Except as provided in subsection (d) of this section, a peace 7 
officer, special policeman appointed under section 29-18b or authorized 8 
official of the Department of Correction or the Board of Pardons and 9 
Paroles is justified in using deadly physical force upon another person 10 
for the purposes specified in subsection (b) of this section only when his 11 
or her actions are objectively reasonable under the circumstances, and: 12 
(A) He or she reasonably believes such use to be necessary to defend 13 
himself or herself or a third person from the use or imminent use of 14 
deadly physical force; or  15  Raised Bill No.  6462 
 
 
 
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(B) He or she (i) has [exhausted] considered the reasonable 16 
alternatives to the use of deadly physical force, (ii) reasonably believes 17 
that the force employed creates no [substantial] unreasonable risk of 18 
injury to a third party, and (iii) reasonably believes such use of force to 19 
be necessary to (I) effect an arrest of a person whom he or she reasonably 20 
believes has committed or attempted to commit a felony which involved 21 
the infliction of serious physical injury, or (II) prevent the escape from 22 
custody of a person whom he or she reasonably believes has committed 23 
a felony which involved the infliction of serious physical injury and if, 24 
where feasible under this subdivision, he or she has given warning of 25 
his or her intent to use deadly physical force. 26 
(2) For purposes of evaluating whether actions of a peace officer, 27 
special policeman appointed under section 29-18b or authorized official 28 
of the Department of Correction or the Board of Pardons and Paroles are 29 
reasonable under subdivision (1) of this subsection, factors to be 30 
considered include, but are not limited to, whether (A) the person upon 31 
whom deadly physical force was used possessed or appeared to possess 32 
a deadly weapon or dangerous instrument, (B) the peace officer, special 33 
policeman appointed under section 29-18b or authorized official of the 34 
Department of Correction or the Board of Pardons and Paroles engaged 35 
in reasonable deescalation measures prior to using deadly physical 36 
force, and (C) any unreasonable conduct of the peace officer, special 37 
policeman appointed under section 29-18b or authorized official of the 38 
Department of Correction or the Board of Pardons and Paroles led to an 39 
increased risk of an occurrence of the situation that precipitated the use 40 
of such force. 41 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 March 31, 2021 New section 
Sec. 2 October 1, 2022 53a-22(c) 
  Raised Bill No.  6462 
 
 
 
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Statement of Purpose:   
To delay changes to provisions concerning use of force by a peace officer 
enacted as part of public act 20-1 of the July special session and to make 
certain other changes to said provisions. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]