LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06462-R01- HB.docx 1 of 3 General Assembly Substitute Bill No. 6462 January Session, 2021 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 shall take effect January 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section 53a-22 of the general statutes, as 3 amended by section 29 of public act 20-1 of the July special session, is 4 repealed and the following is substituted in lieu thereof (Effective January 5 1, 2022): 6 (c) (1) Except as provided in subsection (d) of this section, a peace 7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 given circumstances 12 at that time, and: 13 (A) He or she reasonably believes such use to be necessary to defend 14 himself or herself or a third person from the use or imminent use of 15 deadly physical force; or 16 (B) He or she (i) has [exhausted the] reasonably determined that there 17 Substitute Bill No. 6462 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06462- R01-HB.docx } 2 of 3 are no available reasonable alternatives to the use of deadly physical 18 force, (ii) reasonably believes that the force employed creates no 19 [substantial] unreasonable risk of injury to a third party, and (iii) 20 reasonably believes such use of force to be necessary to (I) effect an 21 arrest of a person whom he or she reasonably believes has committed or 22 attempted to commit a felony which involved the infliction of serious 23 physical injury, and if, where feasible, he or she has given warning of 24 his or her intent to use deadly physical force, or (II) prevent the escape 25 from custody of a person whom he or she reasonably believes has 26 committed a felony which involved the infliction of serious physical 27 injury and who poses a significant threat of death or serious physical 28 injury to others, and if, where feasible, [under this subdivision,] he or 29 she has given warning of his or her intent to use deadly physical force. 30 (2) For purposes of evaluating whether actions of a peace officer, special 31 policeman appointed under section 29-18b or authorized official of the 32 Department of Correction or the Board of Pardons and Paroles are 33 reasonable under subdivision (1) of this subsection, factors to be 34 considered include, but are not limited to, whether (A) the person upon 35 whom deadly physical force was used possessed or appeared to possess 36 a deadly weapon, (B) the peace officer, special policeman appointed 37 under section 29-18b or authorized official of the Department of 38 Correction or the Board of Pardons and Paroles engaged in reasonable 39 deescalation measures prior to using deadly physical force, and (C) any 40 unreasonable conduct of the peace officer, special policeman appointed 41 under section 29-18b or authorized official of the Department of 42 Correction or the Board of Pardons and Paroles led to an increased risk 43 of an occurrence of the situation that precipitated the use of such force.44 This act shall take effect as follows and shall amend the following sections: Section 1 March 31, 2021 New section Sec. 2 January 1, 2022 53a-22(c) Substitute Bill No. 6462 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06462- R01-HB.docx } 3 of 3 JUD Joint Favorable Subst.