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OLR Bill Analysis
sSB 122 (File 276, as amended by Senate "A")*
AN ACT ESTABLISHING A UNIT WITHIN THE DIVISION OF STATE
POLICE TO INVESTIGATE HATE CRIMES AND CRIMINAL ACTS
COMMITTED BY EXTREMIST GROUPS.
SUMMARY
This bill requires the Department of Emergency Services and Public
Protection (DESPP) commissioner to establish, within the State Police,
a Hate Crimes and Extremist Group Investigative Unit (hereinafter,
“Hate Crimes and Extremist Unit”). Under the bill, the head of this
unit must (1) have the rank of sergeant or above and (2) serve, or
appoint a designee to serve, as a liaison to the State-Wide Hate Crimes
Advisory Council (see BACKGROUND).
The bill transfers the responsibility for monitoring, recording, and
classifying all crimes committed in the state that are motivated by
bigotry or bias from the State Police to the Hate Crimes and Extremist
Unit. The bill also modifies related reporting requirements by other
law enforcement.
Under current law, town police departments, resident state
troopers, and constables performing law enforcement duties must
monitor, record, and classify certain specific crimes involving
intimidation based on bigotry or bias (see BACKGROUND) that are
committed in their towns and report them to the State Police. The bill
eliminates these requirements and instead requires all law enforcement
units (see BACKGROUND) to submit a report to the Hate Crimes and
Extremist Unit within 14 days after receiving notification, information,
or a complaint of any:
1. alleged crime that is a violation of the specific crimes involving
intimidation based on bigotry or bias;
2. other alleged crime that may be motivated by bigotry or bias 2021SB-00122-R01-BA.DOCX
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because of someone’s actual or perceived race, religion,
ethnicity, disability, sex, sexual orientation, or gender identity
or expression; and
3. suspected criminal activity by an extremist or extremist group
(see below).
Relatedly, the Hate Crimes and Extremist Unit (1) must seek to
prevent and detect those crimes and criminal activities listed above; (2)
may assist law enforcement units with these investigations; (3) must
compile, maintain, and analyze data on these crimes and criminal
activities; and (4) must share data and information with any local
enforcement unit that may assist in these investigations. Starting by
October 1, 2021, the unit must annually publish a report on DESPP’s
website regarding the data it compiles on the alleged crimes relating to
bigotry or bias. The bill requires the DESPP commissioner to assign
enough personnel to the unit to fulfill these duties.
Lastly, the bill requires the Police Officer Standards and Training
Council, in consultation with the DESPP commissioner, to:
1. develop and promulgate a standardized form for law
enforcement units for reporting on the notifications,
information, and complaints they receive on the above crimes
and criminal activities;
2. develop best practices to facilitate information sharing between
the Hate Crimes and Extremist Unit and law enforcement units;
and
3. take actions they deem appropriate to inform the public on how
to make reports of those crimes and criminal activities.
Under the bill, these actions must be done by January 1, 2022, and
biannually after that.
*Senate Amendment “A” (1) allows, rather than requires, the Hate
Crimes and Extremist Unit to assist other units with investigations; (2)
requires the Hate Crimes and Extremist Unit to share data and 2021SB-00122-R01-BA.DOCX
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information with local units; and (3) narrows the definitions of
“extremist” and “extremist group.”
EFFECTIVE DATE: July 1, 2021
EXTREMIST AND EXTREM IST GROUP DEFINITIONS
Under the bill, an “extremist” is any person who commits, or
attempts or conspires to commit, certain crimes to achieve a political,
ideological, religious, social, or economic goal. Specifically, this applies
to violent crimes or crimes intended to cause (1) another person
physical harm or (2) property damage. Additionally, an “extremist
group” is a group of extremists associated in fact.
BACKGROUND
State-Wide Hate Crimes Advisory Council
By law, this council is responsible for making annual
recommendations for legislation concerning hate crimes to the
Judiciary and Public Safety committees. Additionally, the council must
meet at least semiannually to encourage and coordinate programs to
increase community awareness, reporting, and combating of hate
crimes. The council is within the Office of the Chief State’s Attorney for
administrative purposes only (CGS § 51-279f).
Intimidation Based on Bigotry or Bias Crimes
By law, it is a crime to commit certain actions or make certain
threats with the intent to intimidate or harass another person because
of his or her actual or perceived race, religion, ethnicity, disability, sex,
sexual orientation, or gender identity or expression. The law provides
three degrees of penalties for this crime that vary depending on the
actions of the intimidator or harasser (CGS §§ 53a-181j, -181k & -181l).
Law Enforcement Units
By law, “law enforcement unit” is any state or municipal agency or
department (or tribal agency or department created and governed
under a memorandum of agreement) whose primary functions include
enforcing criminal or traffic laws; preserving public order; protecting
life and property; or preventing, detecting, or investigating crime (CGS 2021SB-00122-R01-BA.DOCX
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§ 7-294a).
COMMITTEE ACTION
Public Safety and Security Committee
Joint Favorable Substitute
Yea 22 Nay 3 (03/18/2021)