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General Assembly Raised Bill No. 6598
January Session, 2021
LCO No. 4250
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT CONCERNING TH E PROHIBITION AGAINST HIRING POLICE
OFFICERS DISMISSED FOR MALFEASANCE OR WHO R ESIGNED OR
RETIRED WHILE UNDER INVESTIGATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-291c of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2021): 2
(a) No law enforcement unit, as defined in section 7-294a, shall hire 3
any person as a police officer, as defined in said section, [7-294a,] who 4
was previously employed as a police officer by such unit or in any other 5
jurisdiction and who (1) was dismissed for malfeasance or other serious 6
misconduct calling into question such person's fitness to serve as a 7
police officer; or (2) resigned or retired from such officer's position while 8
under investigation for such malfeasance or other serious misconduct. 9
(b) Any law enforcement unit that has knowledge that any former 10
police officer of such unit who (1) (A) was dismissed for malfeasance or 11
other serious misconduct, or (B) resigned or retired from such officer's 12
position while under investigation for such malfeasance or other serious 13
misconduct; and (2) is an applicant for the position of police officer with 14 Raised Bill No. 6598
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any other law enforcement unit, shall inform such other unit and the 15
Police Officer Standards and Training Council established under section 16
7-294b of such dismissal, resignation or retirement. 17
(c) The Police Officer Standards and Training Council shall not certify 18
any police officer who (1) was dismissed for such malfeasance or other 19
serious misconduct, or (2) resigned or retired from such officer's 20
position while under investigation for such malfeasance or other serious 21
misconduct. 22
[(c)] (d) The provisions of this section shall not apply to any police 23
officer who is exonerated of each allegation against such officer of such 24
malfeasance or other serious misconduct. 25
(e) The Police Officer Standards and Training Council may afford any 26
law enforcement unit prohibited from hiring a person as a police officer 27
pursuant to subsection (a) of this section and any former police officer 28
denied certification pursuant to subsection (c) of this section an 29
opportunity for a hearing in accordance with chapter 54 to determine 30
whether (1) the police officer resigned or retired while under 31
investigation for such malfeasance or other serious misconduct, (2) the 32
police officer was exonerated of each allegation of such malfeasance or 33
other serious misconduct, or (3) the conduct at issue constituted 34
malfeasance or serious misconduct. 35
(f) Nothing in this section shall preclude the Police Officer Standards 36
and Training Council from suspending, cancelling or revoking the 37
certification of a police officer pursuant to subsection (c) of section 7-38
294d. 39
[(d)] (g) For purposes of this section, (1) "malfeasance" means the 40
commonly approved usage of "malfeasance"; and (2) "serious 41
misconduct" means improper or illegal actions taken by a police officer 42
in connection with such officer's official duties that could result in a 43
miscarriage of justice, [or] discrimination or a gross deviation of the 44
generally accepted standards and behavior of a police officer, including, 45
but not limited to, (A) a conviction of a felony, (B) fabrication or 46 Raised Bill No. 6598
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falsification of evidence, (C) [repeated] use of [excessive] physical force 47
in a manner found to not be justifiable after an investigation conducted 48
pursuant to section 51-277a, (D) acceptance of a bribe, [or] (E) the 49
commission of fraud, (F) failure to intervene or stop unreasonable, 50
excessive or illegal use of force by another police officer, or (G) 51
intimidation or harassment causing injury based upon actual or 52
perceived protected class membership, identity or expression. 53
Sec. 2. Section 7-294e of the general statutes is repealed and the 54
following is substituted in lieu thereof (Effective July 1, 2021): 55
(a) Notwithstanding the provisions of any general statute or special 56
act or local law, ordinance or charter to the contrary, each police officer 57
shall forfeit such officer's appointment and position unless recertified 58
by the council according to procedures and within the time frame 59
established by the council. Any sworn member of the Division of State 60
Police within the Department of Emergency Services and Public 61
Protection who is deemed certified under subsection (d) of section 7-62
294d is required to apply for recertification by the council within the 63
time frame established by the council, unless such member retires from 64
said division within such time frame. 65
(b) The Police Officer Standards and Training Council may 66
recommend to the Commissioner of Emergency Services and Public 67
Protection any regulations it deems necessary to carry out the 68
provisions of section 7-291c, as amended by this act, 7-294a, subsection 69
(a) of section 7-294b, sections 7-294c and 7-294d and this section, giving 70
due consideration to the varying factors and special requirements of law 71
enforcement units. 72
(c) The Commissioner of Emergency Services and Public Protection 73
may adopt regulations, in accordance with the provisions of chapter 54, 74
as are necessary to implement the provisions of section 7-291c, as 75
amended by this act, 7-294a, subsection (a) of section 7-294b, sections 7-76
294c and 7-294d and this section. Such regulations shall be binding upon 77
all law enforcement units. 78 Raised Bill No. 6598
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This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 7-291c
Sec. 2 July 1, 2021 7-294e
Statement of Purpose:
To (1) prohibit the Police Officer Standards and Training Council from
certifying a police officer who was dismissed for malfeasance or
resigned or retired while under investigation, and (2) require the council
to provide an opportunity for a hearing for such officer and a law
enforcement unit seeking to hire such officer.
[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.]