LCO No. 2053 1 of 3 General Assembly Proposed Bill No. 775 January Session, 2021 LCO No. 2053 Referred to Committee on JUDICIARY Introduced by: SEN. KELLY, 21 st Dist. SEN. FORMICA, 20 th Dist. AN ACT REVISING PUBLIC ACT 20 -1 OF THE JULY SPECIAL SESSION, ALSO KNOWN AS THE POLICE ACCOUNTABILITY ACT. Be it enacted by the Senate and House of Representatives in General Assembly convened: That the general statutes be amended to: 1 (1) Change the effective date of section 53a-22 of the general statutes, 2 as amended by section 29 of public act 20-1 of the July special session 3 from April 1, 2021, to October 1, 2022; 4 (2) Restore the language "threatened infliction of serious injury" to 5 subparagraph (B) of subdivision (1) of subsection (c) of section 53a-22 of 6 the general statutes; 7 (3) Amend subparagraph (B) of subdivision (1) of subsection (c) of 8 section 53a-22 of the general statutes to read "reasonably believes that 9 the force employed creates no undo risk of injury to a third party"; 10 (4) Amend subparagraph (B)(iii)(II) of subdivision (1) of subsection 11 Proposed Bill No. 775 LCO No. 2053 2 of 3 (c) of section 53a-22 of the general statutes to include "or dangerous 12 instrument" after "possesses a deadly weapon"; 13 (5) Revise the penalty for failure to intervene or report in section 7-14 282e of the general statutes so that the penalty for such failure does not 15 exceed that which may be imposed for the commission of the unlawful 16 act causing the need for such intervention or reporting; 17 (6) Amend sections 7-282e and 18-81nn of the general statutes to 18 remove all instances of "unreasonable, excessive or illegal use of force" 19 and replace the same with "criminal use of force"; 20 (7) Repeal the limits imposed in sections 54-33b and 54-33o of the 21 general statutes on circumstances under which law enforcement 22 officials may conduct consent searches on an individual or motor 23 vehicles stopped solely for motor vehicle violations; 24 (8) Change the reasonable standard articulated in section 53a-22 of 25 the general statutes to the reasonableness standard articulated in 26 Graham v. O'Connor; 27 (9) Repeal the changes to qualified immunity established in public act 28 20-1 of the July special session; 29 (10) Remove the Commission on Accreditation for Law Enforcement 30 Agencies, Inc. certification requirement articulated in section 7-294ee of 31 the general statutes; 32 (11) Amend subsection (a) of section 7-291d of the general statutes to 33 provide that no law enforcement unit shall discharge, discipline, 34 discriminate against or otherwise penalize a police officer solely because 35 of the results of a mental health assessment conducted in accordance 36 with the provisions of section 7-291e of the general statutes or because 37 the police officer seeks or receives mental health care services or 38 surrenders his or her firearm, ammunition or electronic defense 39 weapon; 40 (12) Remove the language "undermines public confidence" in 41 Proposed Bill No. 775 LCO No. 2053 3 of 3 subdivision (24) of subsection (a) of section 7-294d of the general 42 statutes; 43 (13) Remove deescalation requirements from section 53a-22 of the 44 general statutes; and 45 (14) Change the effective date of section 7-294hh of the general 46 statutes from effective from passage to effective January 1, 2022, and 47 revise said section 7-294hh to hold law enforcement officers harmless if 48 they acted in good faith while engaging with or managing a crowd. 49 Statement of Purpose: To make revisions to public act 20-1 of the July special session, known as the Police Accountability Act.