Connecticut 2021 Regular Session

Connecticut House Bill HB06462 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6462
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6462
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6		-	Public Act No. 21-4
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9	14		AN ACT CONCERNING US E OF FORCE BY A PEACE OFFICER.
10	15		Be it enacted by the Senate and House of Representatives in General
11	16		Assembly convened:
12	17
13		-	Section 1. (Effective March 31, 2021) Section 29 of public act 20-1 of the
14		-	July special session shall take effect January 1, 2022.
15		-	Sec. 2. Subsection (c) of section 53a-22 of the general statutes, as
16		-	amended by section 29 of public act 20-1 of the July special session, is
17		-	repealed and the following is substituted in lieu thereof (Effective January
18		-	1, 2022):
19		-	(c) (1) Except as provided in subsection (d) of this section, a peace
20		-	officer, special policeman appointed under section 29-18b or authorized
21		-	official of the Department of Correction or the Board of Pardons and
22		-	Paroles is justified in using deadly physical force upon another person
23		-	for the purposes specified in subsection (b) of this section only when his
24		-	or her actions are objectively reasonable under the given circumstances
25		-	at that time, and:
26		-	(A) He or she reasonably believes such use to be necessary to defend
27		-	himself or herself or a third person from the use or imminent use of
28		-	deadly physical force; or
29		-	(B) He or she (i) has [exhausted the] reasonably determined that there Substitute ~~House~~ Bill No. 6462
	18	+	Section 1. (Effective March 31, 2021) Section 29 of public act 20-1 of the 1
	19	+	July special session shall take effect January 1, 2022. 2
	20	+	Sec. 2. Subsection (c) of section 53a-22 of the general statutes, as 3
	21	+	amended by section 29 of public act 20-1 of the July special session, is 4
	22	+	repealed and the following is substituted in lieu thereof (Effective January 5
	23	+	1, 2022): 6
	24	+	(c) (1) Except as provided in subsection (d) of this section, a peace 7
	25	+	officer, special policeman appointed under section 29-18b or authorized 8
	26	+	official of the Department of Correction or the Board of Pardons and 9
	27	+	Paroles is justified in using deadly physical force upon another person 10
	28	+	for the purposes specified in subsection (b) of this section only when his 11
	29	+	or her actions are objectively reasonable under the given circumstances 12
	30	+	at that time, and: 13
	31	+	(A) He or she reasonably believes such use to be necessary to defend 14
	32	+	himself or herself or a third person from the use or imminent use of 15
	33	+	deadly physical force; or 16
	34	+	(B) He or she (i) has [exhausted the] reasonably determined that there 17 Substitute Bill No. 6462
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31		-	Public Act No. 21-4 2 of 2
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33		-	are no available reasonable alternatives to the use of deadly physical
34		-	force, (ii) reasonably believes that the force employed creates no
35		-	[substantial] unreasonable risk of injury to a third party, and (iii)
36		-	reasonably believes such use of force to be necessary to (I) effect an
37		-	arrest of a person whom he or she reasonably believes has committed or
38		-	attempted to commit a felony which involved the infliction of serious
39		-	physical injury, and if, where feasible, he or she has given warning of
40		-	his or her intent to use deadly physical force, or (II) prevent the escape
41		-	from custody of a person whom he or she reasonably believes has
42		-	committed a felony which involved the infliction of serious physical
43		-	injury and who poses a significant threat of death or serious physical
44		-	injury to others, and if, where feasible, [under this subdivision,] he or
45		-	she has given warning of his or her intent to use deadly physical force.
46		-	(2) For purposes of evaluating whether actions of a peace officer,
47		-	special policeman appointed under section 29-18b or authorized official
48		-	of the Department of Correction or the Board of Pardons and Paroles are
49		-	reasonable under subdivision (1) of this subsection, factors to be
50		-	considered include, but are not limited to, whether (A) the person upon
51		-	whom deadly physical force was used possessed or appeared to possess
52		-	a deadly weapon, (B) the peace officer, special policeman appointed
53		-	under section 29-18b or authorized official of the Department of
54		-	Correction or the Board of Pardons and Paroles engaged in reasonable
55		-	deescalation measures prior to using deadly physical force, and (C) any
56		-	unreasonable conduct of the peace officer, special policeman appointed
57		-	under section 29-18b or authorized official of the Department of
58		-	Correction or the Board of Pardons and Paroles led to an increased risk
59		-	of an occurrence of the situation that precipitated the use of such force.
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	41	+	are no available reasonable alternatives to the use of deadly physical 18
	42	+	force, (ii) reasonably believes that the force employed creates no 19
	43	+	[substantial] unreasonable risk of injury to a third party, and (iii) 20
	44	+	reasonably believes such use of force to be necessary to (I) effect an 21
	45	+	arrest of a person whom he or she reasonably believes has committed or 22
	46	+	attempted to commit a felony which involved the infliction of serious 23
	47	+	physical injury, and if, where feasible, he or she has given warning of 24
	48	+	his or her intent to use deadly physical force, or (II) prevent the escape 25
	49	+	from custody of a person whom he or she reasonably believes has 26
	50	+	committed a felony which involved the infliction of serious physical 27
	51	+	injury and who poses a significant threat of death or serious physical 28
	52	+	injury to others, and if, where feasible, [under this subdivision,] he or 29
	53	+	she has given warning of his or her intent to use deadly physical force. 30
	54	+	(2) For purposes of evaluating whether actions of a peace officer, special 31
	55	+	policeman appointed under section 29-18b or authorized official of the 32
	56	+	Department of Correction or the Board of Pardons and Paroles are 33
	57	+	reasonable under subdivision (1) of this subsection, factors to be 34
	58	+	considered include, but are not limited to, whether (A) the person upon 35
	59	+	whom deadly physical force was used possessed or appeared to possess 36
	60	+	a deadly weapon, (B) the peace officer, special policeman appointed 37
	61	+	under section 29-18b or authorized official of the Department of 38
	62	+	Correction or the Board of Pardons and Paroles engaged in reasonable 39
	63	+	deescalation measures prior to using deadly physical force, and (C) any 40
	64	+	unreasonable conduct of the peace officer, special policeman appointed 41
	65	+	under section 29-18b or authorized official of the Department of 42
	66	+	Correction or the Board of Pardons and Paroles led to an increased risk 43
	67	+	of an occurrence of the situation that precipitated the use of such force.44
	68	+	This act shall take effect as follows and shall amend the following
	69	+	sections:
	70	+
	71	+	Section 1 March 31, 2021 New section
	72	+	Sec. 2 January 1, 2022 53a-22(c)
	73	+	Substitute Bill No. 6462
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	80	+	JUD Joint Favorable Subst.
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