Connecticut 2021 Regular Session

Connecticut House Bill HB06598 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 6598
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	5	+	LCO No. 4250 1 of 4
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	7	+	General Assembly Raised Bill No. 6598
8	8		January Session, 2021
	9	+	LCO No. 4250
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	11	+
	12	+	Referred to Committee on PUBLIC SAFETY AND SECURITY
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	14	+
	15	+	Introduced by:
	16	+	(PS)
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12	21		AN ACT CONCERNING TH E PROHIBITION AGAINST HIRING POLICE
13	22		OFFICERS DISMISSED FOR MALFEASANCE OR WHO R ESIGNED OR
14	23		RETIRED WHILE UNDER INVESTIGATION.
15	24		Be it enacted by the Senate and House of Representatives in General
16	25		Assembly convened:
17	26
18	27		Section 1. Section 7-291c of the general statutes is repealed and the 1
19	28		following is substituted in lieu thereof (Effective July 1, 2021): 2
20	29		(a) No law enforcement unit, as defined in section 7-294a, shall hire 3
21	30		any person as a police officer, as defined in said section, [7-294a,] who 4
22	31		was previously employed as a police officer by such unit or in any other 5
23	32		jurisdiction and who (1) was dismissed for malfeasance or other serious 6
24	33		misconduct calling into question such person's fitness to serve as a 7
25	34		police officer; or (2) resigned or retired from such officer's position while 8
26	35		under investigation for such malfeasance or other serious misconduct. 9
27	36		(b) Any law enforcement unit that has knowledge that any former 10
28	37		police officer of such unit who (1) (A) was dismissed for malfeasance or 11
29	38		other serious misconduct, or (B) resigned or retired from such officer's 12
30	39		position while under investigation for such malfeasance or other serious 13
31		-	misconduct; and (2) is an applicant for the position of police officer with 14
	40	+	misconduct; and (2) is an applicant for the position of police officer with 14 Raised Bill No. 6598
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	44	+	LCO No. 4250 2 of 4
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32	46		any other law enforcement unit, shall inform such other unit and the 15
33	47		Police Officer Standards and Training Council established under section 16
34		-	7-294b of such dismissal, resignation or retirement. 17 Substitute Bill No. 6598
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	48	+	7-294b of such dismissal, resignation or retirement. 17
41	49		(c) The Police Officer Standards and Training Council shall not certify 18
42		-	any police officer who (1) was dismissed for malfeasance or other 19
	50	+	any police officer who (1) was dismissed for such malfeasance or other 19
43	51		serious misconduct, or (2) resigned or retired from such officer's 20
44		-	position while under investigation for malfeasance or other serious 21
	52	+	position while under investigation for such malfeasance or other serious 21
45	53		misconduct. 22
46	54		[(c)] (d) The provisions of this section shall not apply to any police 23
47	55		officer who is exonerated of each allegation against such officer of such 24
48	56		malfeasance or other serious misconduct. 25
49	57		(e) The Police Officer Standards and Training Council may afford any 26
50	58		law enforcement unit prohibited from hiring a person as a police officer 27
51		-	pursuant to subsection (a) of this section and any police officer ~~denied~~ 28
52		-	certification pursuant to subsection (c) of this section an ~~opportunity for~~ 29
53		-	a hearing in accordance with ~~the provisions of~~ chapter 54 to determine 30
	59	+	pursuant to subsection (a) of this section and any former police officer 28
	60	+	denied certification pursuant to subsection (c) of this section an 29
	61	+	opportunity for a hearing in accordance with chapter 54 to determine 30
54	62		whether (1) the police officer resigned or retired while under 31
55	63		investigation for such malfeasance or other serious misconduct, (2) the 32
56	64		police officer was exonerated of each allegation of such malfeasance or 33
57	65		other serious misconduct, or (3) the conduct at issue constituted 34
58	66		malfeasance or serious misconduct. 35
59	67		(f) Nothing in this section shall preclude the Police Officer Standards 36
60	68		and Training Council from suspending, cancelling or revoking the 37
61	69		certification of a police officer pursuant to subsection (c) of section 7-38
62	70		294d. 39
63	71		[(d)] (g) For purposes of this section, (1) "malfeasance" means the 40
64	72		commonly approved usage of "malfeasance"; and (2) "serious 41
65	73		misconduct" means improper or illegal actions taken by a police officer 42
66	74		in connection with such officer's official duties that could result in a 43
67	75		miscarriage of justice, [or] discrimination or a gross deviation of the 44
68	76		generally accepted standards and behavior of a police officer, including, 45
69		-	but not limited to, (A) a conviction of a felony, (B) fabrication or 46
	77	+	but not limited to, (A) a conviction of a felony, (B) fabrication or 46 Raised Bill No. 6598
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70	83		falsification of evidence, (C) [repeated] use of [excessive] physical force 47
71	84		in a manner found to not be justifiable after an investigation conducted 48
72		-	pursuant to section 51-277a, (D) acceptance of a bribe, [or] (E) the 49 Substitute Bill No. 6598
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	85	+	pursuant to section 51-277a, (D) acceptance of a bribe, [or] (E) the 49
79	86		commission of fraud, (F) failure to intervene or stop unreasonable, 50
80	87		excessive or illegal use of force by another police officer, or (G) 51
81	88		intimidation or harassment causing injury based upon actual or 52
82	89		perceived protected class membership, identity or expression. 53
83	90		Sec. 2. Section 7-294e of the general statutes is repealed and the 54
84	91		following is substituted in lieu thereof (Effective July 1, 2021): 55
85	92		(a) Notwithstanding the provisions of any general statute or special 56
86		-	act or local law, ordinance or charter~~, [~~to the contrary,] each police 57
87		-	~~officer~~ shall forfeit such officer's appointment and position unless 58
88		-	~~recertified~~ by the council according to procedures and within the time 59
89		-	~~frame~~ established by the council. Any sworn member of the Division of 60
90		-	~~State~~ Police within the Department of Emergency Services and Public 61
	93	+	act or local law, ordinance or charter to the contrary, each police officer 57
	94	+	shall forfeit such officer's appointment and position unless recertified 58
	95	+	by the council according to procedures and within the time frame 59
	96	+	established by the council. Any sworn member of the Division of State 60
	97	+	Police within the Department of Emergency Services and Public 61
91	98		Protection who is deemed certified under subsection (d) of section 7-62
92	99		294d is required to apply for recertification by the council within the 63
93	100		time frame established by the council, unless such member retires from 64
94	101		said division within such time frame. 65
95	102		(b) The Police Officer Standards and Training Council may 66
96	103		recommend to the Commissioner of Emergency Services and Public 67
97	104		Protection any regulations it deems necessary to carry out the 68
98	105		provisions of section 7-291c, as amended by this act, 7-294a, subsection 69
99	106		(a) of section 7-294b, sections 7-294c and 7-294d and this section, giving 70
100	107		due consideration to the varying factors and special requirements of law 71
101	108		enforcement units. 72
102	109		(c) The Commissioner of Emergency Services and Public Protection 73
103	110		may adopt regulations, in accordance with the provisions of chapter 54, 74
104	111		as are necessary to implement the provisions of section 7-291c, as 75
105	112		amended by this act, 7-294a, subsection (a) of section 7-294b, sections 7-76
106	113		294c and 7-294d and this section. Such regulations shall be binding upon 77
107		-	all law enforcement units. 78 ~~Substitute~~ Bill No. 6598
	114	+	all law enforcement units. 78 Raised Bill No. 6598
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114	120		This act shall take effect as follows and shall amend the following
115	121		sections:
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117	123		Section 1 July 1, 2021 7-291c
118	124		Sec. 2 July 1, 2021 7-294e
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120		-	Statement of Legislative Commissioners:
121		-	In Section 1(c), the word "such" was deleted for internal consistency, in
122		-	Section 1(e), the word "former" was deleted for internal consistency and
123		-	in Section 2(a), "to the contrary," was bracketed for conciseness.
124		-
125		-	PS Joint Favorable Subst. -LCO
	126	+	Statement of Purpose:
	127	+	To (1) prohibit the Police Officer Standards and Training Council from
	128	+	certifying a police officer who was dismissed for malfeasance or
	129	+	resigned or retired while under investigation, and (2) require the council
	130	+	to provide an opportunity for a hearing for such officer and a law
	131	+	enforcement unit seeking to hire such officer.
	132	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	133	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	134	+	underlined.]
126	135