Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06462 Comm Sub / Bill

Filed 03/11/2021

                     
 
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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repealed and the following is substituted in lieu thereof (Effective January 5 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 
 
 
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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 
 
 
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JUD Joint Favorable Subst.