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General Assembly Raised Bill No. 1093
January Session, 2021
LCO No. 5983
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING CI VILIAN POLICE REVIEW BOARDS,
SECURITY GUARDS, BOD Y-WORN RECORDING EQUIPMENT AND
SEARCHES BY POLICE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-294aaa of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
(a) The legislative body of a town may, by ordinance, establish a 3
civilian police review board. The ordinance shall, at a minimum, 4
prescribe: (1) The scope of authority of the civilian police review board; 5
(2) the number of members of the civilian police review board; (3) the 6
process for the selection of board members, whether elected or 7
appointed; (4) the term of office for board members; and (5) the 8
procedure for filling any vacancy in the membership of the civilian 9
police review board. 10
(b) Any civilian police review board established pursuant to 11
subsection (a) of this section may be vested with the authority to: (1) 12
Issue subpoenas to compel the attendance of witnesses before such 13
board; and (2) require the production for examination of any books and 14 Raised Bill No. 1093
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papers that such board deems relevant to any matter under 15
investigation or in question. 16
(c) (1) The person to whom such subpoena is issued may, not later 17
than fifteen days after service of such subpoena, or on or before the time 18
specified in the subpoena for compliance if such time is less than fifteen 19
days after service, serve upon the board written objection to the 20
subpoena and file such objection in the Superior Court. The court in 21
which such motion is pending may (A) quash or modify the subpoena 22
if it is unreasonable and oppressive or if it seeks the production of 23
materials not relevant to the subject under investigation or in question 24
pursuant to subsection (b) of this section, or (B) condition denial of the 25
motion upon the advancement by the board who requested the 26
subpoena of the reasonable cost of producing any materials the board is 27
seeking. 28
(2) If the person to whom such subpoena is issued fails to appear or 29
if having appeared refuses to testify or produce the evidence required 30
by such subpoena, the Superior Court, upon application of such board, 31
shall have jurisdiction to order such person to appear or to give 32
testimony or produce such evidence, as the case may be. 33
[(c)] (d) The provisions of this section shall not be construed to affect 34
the operation of, or impose any limitation upon, a civilian police review 35
board established prior to July 31, 2020. 36
[(d)] (e) Upon receipt of a written request from the Office of the 37
Inspector General, established pursuant to section 51-277e, a civilian 38
police review board shall stay and take no further action in connection 39
with any proceeding that is the subject of an investigation or criminal 40
prosecution that is being conducted pursuant to said section or section 41
51-277a. Any stay of proceedings imposed pursuant to this subsection 42
shall not exceed six months from the date on which the civilian police 43
review board receives such written request from the Office of the 44
Inspector General, and such stay of proceedings may be terminated 45
sooner if the Office of the Inspector General provides written 46 Raised Bill No. 1093
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notification to the civilian police review board that a stay of proceedings 47
is no longer required. 48
Sec. 2. Subsection (f) of section 29-6d of the general statutes is 49
repealed and the following is substituted in lieu thereof (Effective October 50
1, 2021): 51
(f) (1) If a police officer is giving a formal statement about the use of 52
force or if a police officer is the subject of a disciplinary investigation in 53
which a recording from body-worn recording equipment or a 54
dashboard camera with a remote recorder, as defined in subsection (c) 55
of section 7-277b, is being considered as part of a review of an incident, 56
the officer shall [(1)] have the right to review (A) such recording in the 57
presence of the officer's attorney or labor representative, and [(2) have 58
the right to review] (B) recordings from other body-worn recording 59
equipment capturing the officer's image or voice during the incident. 60
Not later than forty-eight hours following an officer's review of a 61
recording under subparagraph (A) of this subdivision, [(1) of this 62
subsection,] or if the officer does not review the recording, not later than 63
ninety-six hours following the [recorded incident] initiation of such 64
disciplinary investigation, whichever is earlier, such recording shall be 65
disclosed, upon request, to the public, subject to the provisions of 66
subsection (g) of this section. 67
(2) If a request is made for public disclosure of a recording from body-68
worn recording equipment or a dashboard camera of an incident about 69
which (A) a police officer has not been asked to give a formal statement 70
about the alleged use of force, or (B) a disciplinary investigation has not 71
been initiated, any police officer whose image or voice is captured on 72
the recording shall have the right to review such recording in the 73
presence of the officer's attorney or labor representative. Not later than 74
forty-eight hours following an officer's review of a recording under this 75
subdivision, or if the officer does not review the recording, not later than 76
ninety-six hours following the request for disclosure, whichever is 77
earlier, such recording shall be disclosed to the public, subject to the 78
provisions of subsection (g) of this section. 79 Raised Bill No. 1093
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Sec. 3. Subsection (f) of section 29-6d of the general statutes, as 80
amended by section 19 of public act 20-1 of the July special session, is 81
repealed and the following is substituted in lieu thereof (Effective July 1, 82
2022): 83
(f) (1) If a police officer is giving a formal statement about the use of 84
force or if a police officer is the subject of a disciplinary investigation in 85
which a recording from body-worn recording equipment or a 86
dashboard camera with a remote recorder, as defined in subsection (c) 87
of section 7-277b, is being considered as part of a review of an incident, 88
the officer shall [(1)] have the right to review (A) such recording in the 89
presence of the officer's attorney or labor representative, and [(2) have 90
the right to review] (B) recordings from other body-worn recording 91
equipment capturing the officer's image or voice during the incident. 92
Not later than forty-eight hours following an officer's review of a 93
recording under subparagraph (A) of this subdivision, [(1) of this 94
subsection,] or if the officer does not review the recording, not later than 95
ninety-six hours following the [recorded incident] initiation of such 96
disciplinary investigation, whichever is earlier, such recording shall be 97
disclosed, upon request, to the public, subject to the provisions of 98
subsection (g) of this section. 99
(2) If a request is made for public disclosure of a recording from body-100
worn recording equipment or a dashboard camera of an incident about 101
which (A) a police officer has not been asked to give a formal statement 102
about the alleged use of force, or (B) a disciplinary investigation has not 103
been initiated, any police officer whose image or voice is captured on 104
the recording shall have the right to review such recording in the 105
presence of the officer's attorney or labor representative. Not later than 106
forty-eight hours following an officer's review of a recording under this 107
subdivision, or if the officer does not review the recording, not later than 108
ninety-six hours following the request for disclosure, whichever is 109
earlier, such recording shall be disclosed to the public, subject to the 110
provisions of subsection (g) of this section. 111
Sec. 4. Subsection (c) of section 29-161h of the general statutes is 112 Raised Bill No. 1093
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repealed and the following is substituted in lieu thereof (Effective October 113
1, 2021): 114
(c) No license shall be issued to any person who has been (1) 115
convicted of any felony, (2) convicted of any misdemeanor under 116
section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 117
53a-176, 53a-178 or 53a-181d, or equivalent conviction in another 118
jurisdiction, within the past seven years, (3) convicted of any offense 119
involving moral turpitude, (4) discharged from military service under 120
conditions that demonstrate questionable moral character, or (5) 121
decertified as a police officer or otherwise had his or her certification 122
canceled, revoked or refused renewal pursuant to subsection (c) of 123
section 7-294d, or under the laws of any other jurisdiction. 124
Sec. 5. Section 29-161q of the general statutes is repealed and the 125
following is substituted in lieu thereof (Effective October 1, 2021): 126
(a) Any security service or business may employ as many security 127
officers as such security service or business deems necessary for the 128
conduct of the business, provided such security officers are of good 129
moral character and at least eighteen years of age. 130
(b) No person hired or otherwise engaged to perform work as a 131
security officer, as defined in section 29-152u, shall perform the duties 132
of a security officer prior to being licensed as a security officer by the 133
Commissioner of Emergency Services and Public Protection, except as 134
provided in subsection (h) of this section. Each applicant for a license 135
shall complete a minimum of eight hours training in the following areas: 136
Basic first aid, search and seizure laws and regulations, use of force, 137
basic criminal justice and public safety issues. The commissioner shall 138
waive such training for any person who, while serving in the armed 139
forces or the National Guard, or if such person is a veteran, within two 140
years of such person's discharge from the armed forces, presents proof 141
that such person has completed military training that is equivalent to 142
the training required by this subsection, and, if applicable, such person's 143
military discharge document or a certified copy thereof. For the 144 Raised Bill No. 1093
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purposes of this subsection, "veteran" means any person who was 145
discharged or released under conditions other than dishonorable from 146
active service in the armed forces, "armed forces" has the same meaning 147
as provided in section 27-103, and "military discharge document" has 148
the same meaning as provided in section 1-219. The training shall be 149
approved by the commissioner in accordance with regulations adopted 150
pursuant to section 29-161x. The commissioner may not grant a license 151
to any person who has been decertified as a police officer or otherwise 152
had his or her certification canceled, revoked or refused renewal 153
pursuant to subsection (c) of section 7-294d, or under the laws of any 154
other jurisdiction. 155
(1) On and after October 1, 2008, no person or employee of an 156
association, corporation or partnership shall conduct such training 157
without the approval of the commissioner except as provided in 158
subdivision (2) of this subsection. Application for such approval shall 159
be submitted on forms prescribed by the commissioner and 160
accompanied by a fee of forty dollars. Such application shall be made 161
under oath and shall contain the applicant's name, address, date and 162
place of birth, employment for the previous five years, education or 163
training in the subjects required to be taught under this subsection, any 164
convictions for violations of the law and such other information as the 165
commissioner may require by regulation adopted pursuant to section 166
29-161x to properly investigate the character, competency and integrity 167
of the applicant. No person shall be approved as an instructor for such 168
training who has been convicted of a felony, a sexual offense or a crime 169
of moral turpitude or who has been denied approval as a security 170
service licensee, a security officer or instructor in the security industry 171
by any licensing authority, or whose approval has been revoked or 172
suspended. The term for such approval shall not exceed two years. Not 173
later than two business days after a change of address, any person 174
approved as an instructor in accordance with this section shall notify the 175
commissioner of such change and such notification shall include both 176
the old and new addresses. 177
(2) If a security officer training course described in this subsection is 178 Raised Bill No. 1093
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approved by the commissioner on or before September 30, 2008, the 179
instructor of such course shall have until April 1, 2009, to apply for 180
approval as an instructor in accordance with subdivision (1) of this 181
subsection. 182
(3) Each person approved as an instructor in accordance with this 183
section may apply for the renewal of such approval on a form approved 184
by the commissioner, accompanied by a fee of forty dollars. Such form 185
may require the disclosure of any information necessary for the 186
commissioner to determine whether the instructor's suitability to serve 187
as an instructor has changed since the issuance of the prior approval. 188
The term of such renewed approval shall not exceed two years. 189
(c) Not later than two years after successful completion of the training 190
required pursuant to subsection (b) of this section, or the waiver of such 191
training, the applicant may submit an application for a license as a 192
security officer on forms furnished by the commissioner and, under 193
oath, shall give the applicant's name, address, date and place of birth, 194
employment for the previous five years, experience in the position 195
applied for, including military training and weapons qualifications, any 196
convictions for violations of the law and such other information as the 197
commissioner may require, by regulation, to properly investigate the 198
character, competency and integrity of the applicant. The commissioner 199
shall require any applicant for a license under this section to submit to 200
state and national criminal history records checks conducted in 201
accordance with section 29-17a. Each applicant shall submit with the 202
application two sets of his or her fingerprints on forms specified and 203
furnished by the commissioner, two full-face photographs, two inches 204
wide by two inches high, taken not earlier than six months prior to the 205
date of application, and a one-hundred-dollar licensing fee, made 206
payable to the state. Any applicant who received a waiver as provided 207
in subsection (b) of this section shall be exempt from payment of such 208
licensing fee. Subject to the provisions of section 46a-80, no person shall 209
be approved for a license who has been convicted of a felony, any sexual 210
offense or any crime involving moral turpitude, or who has been 211
refused a license under the provisions of sections 29-161g to 29-161x, 212 Raised Bill No. 1093
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inclusive, for any reason except minimum experience, or whose license, 213
having been granted, has been revoked or is under suspension. Upon 214
being satisfied of the suitability of the applicant for licensure, the 215
commissioner may license the applicant as a security officer. Such 216
license shall be renewed every five years for a one-hundred-dollar fee. 217
The commissioner shall send a notice of the expiration date of such 218
license to the holder of such license, by first class mail, not less than 219
ninety days before such expiration, and shall enclose with such notice 220
an application for renewal. The security officer license shall be valid for 221
a period of ninety days after its expiration date unless the license has 222
been revoked or is under suspension pursuant to section 29-161v. An 223
application for renewal filed with the commissioner after the expiration 224
date shall be accompanied by a late fee of twenty-five dollars. The 225
commissioner shall not renew any license that has been expired for more 226
than ninety days. 227
(d) Upon the security officer's successful completion of training and 228
licensing by the commissioner, or immediately upon hiring a licensed 229
security officer, the security service employing such security officer 230
shall apply to register such security officer with the commissioner on 231
forms provided by the commissioner. Such application shall be 232
accompanied by payment of a forty-dollar application fee payable to the 233
state. The Division of State Police within the Department of Emergency 234
Services and Public Protection shall keep on file the completed 235
registration form and all related material. An identification card with 236
the name, date of birth, address, full-face photograph, physical 237
descriptors and signature of the applicant shall be issued to the security 238
officer, and shall be carried by the security officer at all times while 239
performing the duties associated with the security officer's employment. 240
Registered security officers, in the course of performing their duties, 241
shall present such card for inspection upon the request of a law 242
enforcement officer. 243
(e) The security service shall notify the commissioner not later than 244
five days after the termination of employment of any registered 245
employee. 246 Raised Bill No. 1093
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(f) Any fee or portion of a fee paid pursuant to this section shall not 247
be refundable. 248
(g) No person, firm or corporation shall employ or otherwise engage 249
any person as a security officer, as defined in section 29-152u, unless 250
such person (1) is a licensed security officer, or (2) meets the 251
requirements of subsection (h) of this section. 252
(h) During the time that an application for a license as a security 253
officer is pending with the commissioner, the applicant may perform the 254
duties of security officer, provided (1) the security service employing 255
the applicant conducts, or has a consumer reporting agency regulated 256
under the federal Fair Credit Reporting Act conduct, a state and national 257
criminal history records check and determines the applicant meets the 258
requirements of subsection (c) of this section to be a security officer, (2) 259
the applicant (A) successfully completed the training required pursuant 260
to subsection (b) of this section, or obtained a waiver of such training, 261
and (B) performs the duties of a security officer under the direct on-site 262
supervision of a licensed security officer with at least one year of 263
experience as a licensed security officer, and (3) the applicant has not 264
been decertified as a police officer or otherwise had his or her 265
certification canceled, revoked or refused renewal pursuant to 266
subsection (c) of section 7-294d, or under the laws of any other 267
jurisdiction. The applicant shall not perform such duties at a public or 268
private preschool, elementary or secondary school or at a facility 269
licensed and used exclusively as a child care center, as described in 270
subdivision (1) of subsection (a) of section 19a-77. The applicant shall 271
cease to perform such duties pursuant to this subsection when the 272
commissioner grants or denies the pending application for a security 273
license under this section. 274
(i) Any person, firm or corporation that violates any provision of 275
subsection (b), (d), (e), (g) or (h) of this section shall be fined seventy-276
five dollars for each offense. Each distinct violation of this section shall 277
be a separate offense and, in the case of a continuing violation, each day 278
thereof shall be deemed a separate offense. 279 Raised Bill No. 1093
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Sec. 6. Section 54-33b of the general statutes is repealed and the 280
following is substituted in lieu thereof (Effective October 1, 2021): 281
(a) [The consent of a person given to a law enforcement official to 282
conduct a search of such person shall not, absent the existence of 283
probable cause, constitute justification for such law enforcement official 284
to conduct such search] A law enforcement official may ask a person if 285
he or she may conduct a search of their person, provided such law 286
enforcement official has reasonable and articulable suspicion that 287
weapons, contraband or other evidence of a crime is contained upon the 288
person, or that the search is reasonably necessary to further an ongoing 289
law enforcement investigation. A law enforcement official who solicits 290
consent to search a person shall, whether or not the consent is granted, 291
complete a police report documenting the reasonable and articulable 292
suspicion for the solicitation of consent, or the facts and circumstances 293
that support the search being reasonably necessary to further an 294
ongoing law enforcement investigation. 295
(b) A law enforcement official serving a search warrant may, if such 296
official has reason to believe that any of the property described in the 297
warrant is concealed in the garments of any person in or upon the place 298
or thing to be searched, search the person for the purpose of seizing the 299
same. When the person to be searched is a woman, the search shall be 300
made by a female law enforcement official or other woman assisting in 301
the service of the warrant, or by a woman designated by the judge or 302
judge trial referee issuing the warrant. 303
Sec. 7. Section 54-33o of the general statutes is repealed and the 304
following is substituted in lieu thereof (Effective October 1, 2021): 305
(a) (1) [No] A law enforcement official may ask an operator of a motor 306
vehicle to conduct a search of a motor vehicle or the contents of the 307
motor vehicle that is stopped by a law enforcement official, [solely for a 308
motor vehicle violation] provided such law enforcement official has 309
reasonable and articulable suspicion that weapons, contraband or other 310
evidence of a crime is contained within the vehicle. A law enforcement 311 Raised Bill No. 1093
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official who solicits consent to search a motor vehicle shall, whether or 312
not the consent is granted, complete a police report within forty-eight 313
hours documenting the reasonable and articulable suspicion for the 314
solicitation of consent. 315
(2) Any search by a law enforcement official of a motor vehicle or the 316
contents of the motor vehicle that is stopped by a law enforcement 317
official solely for a motor vehicle violation shall be (A) based on 318
probable cause, or (B) after having received [the unsolicited] consent to 319
such search from the operator of the motor vehicle in written form or 320
recorded by body-worn recording equipment or a dashboard camera, 321
each as defined in section 29-6d. 322
(b) No law enforcement official may ask an operator of a motor 323
vehicle to provide any documentation or identification other than an 324
operator's license, motor vehicle registration, insurance identity card or 325
other documentation or identification directly related to the stop, when 326
the motor vehicle has been stopped solely for a motor vehicle violation, 327
unless there exists probable cause or reasonable and articulable 328
suspicion to believe that a felony or misdemeanor offense has been 329
committed or the operator has failed to produce a valid operator's 330
license. 331
Sec. 8. Section 54-33a of the general statutes is repealed and the 332
following is substituted in lieu thereof (Effective October 1, 2021): 333
(a) As used in sections 54-33a to 54-33g, inclusive, "property" 334
includes, but is not limited to, documents, books, papers, films, 335
recordings, records, data and any other tangible thing; and "tracking 336
device" means an electronic or mechanical device that permits the 337
tracking of the movement of a person or object. 338
(b) Upon complaint on oath by any state's attorney or assistant state's 339
attorney or by any two credible persons, to any judge of the Superior 340
Court or judge trial referee, that such state's attorney or assistant state's 341
attorney or such persons have probable cause to believe that any 342
property (1) possessed, controlled, designed or intended for use or 343 Raised Bill No. 1093
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which is or has been used or which may be used as the means of 344
committing any criminal offense; or (2) which was stolen or embezzled; 345
or (3) which constitutes evidence of an offense, or which constitutes 346
evidence that a particular person participated in the commission of an 347
offense, is within or upon any place, thing or person, such judge or judge 348
trial referee, except as provided in section 54-33j, may issue a warrant 349
commanding a proper officer to enter into or upon such place or thing, 350
search such place, thing or person and take into such officer's custody 351
all such property named in the warrant. 352
(c) Upon complaint on oath by any state's attorney or assistant state's 353
attorney or by any two credible persons, to any judge of the Superior 354
Court or judge trial referee, that such state's attorney or assistant state's 355
attorney or such persons have probable cause to believe that a criminal 356
offense has been, is being, or will be committed and that the use of a 357
tracking device will yield evidence of the commission of that offense, 358
such judge or judge trial referee may issue a warrant authorizing the 359
installation and use of a tracking device. The complaint shall identify 360
the person on which or the property to, in or on which the tracking 361
device is to be installed, and, if known, the owner of such property. 362
(d) A warrant may issue only on affidavit sworn to by the 363
complainant or complainants before the judge or judge trial referee and 364
establishing the grounds for issuing the warrant, which affidavit shall 365
be part of the arrest file. If the judge or judge trial referee is satisfied that 366
grounds for the application exist or that there is probable cause to 367
believe that grounds for the application exist, the judge or judge trial 368
referee shall issue a warrant identifying the property and naming or 369
describing the person, place or thing to be searched or authorizing the 370
installation and use of a tracking device and identifying the person on 371
which or the property to, in or on which the tracking device is to be 372
installed. The warrant shall be directed to any police officer of a 373
regularly organized police department or any state police officer, to an 374
inspector in the Division of Criminal Justice, to a conservation officer, 375
special conservation officer or patrolman acting pursuant to section 26-376
6 or to a sworn motor vehicle inspector acting under the authority of 377 Raised Bill No. 1093
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section 14-8. Except for a warrant for the installation and use of a 378
tracking device, the warrant shall state the date and time of its issuance 379
and the grounds or probable cause for its issuance and shall command 380
the officer to search within a reasonable time the person, place or thing 381
named, for the property specified. A warrant for the installation and use 382
of a tracking device shall state the date and time of its issuance and the 383
grounds or probable cause for its issuance and shall command the 384
officer to complete the installation of the device within a specified 385
period not later than ten days after the date of its issuance and authorize 386
the installation and use of the tracking device, including the collection 387
of data through such tracking device, for a reasonable period of time not 388
to exceed thirty days from the date the tracking device is installed. Upon 389
request and a showing of good cause, a judge or judge trial referee may 390
authorize the use of the tracking device for an additional period of thirty 391
days. 392
(e) No police officer of a regularly organized police department or 393
any state police officer, an inspector in the Division of Criminal Justice, 394
a conservation officer, special conservation officer or patrolman acting 395
pursuant to section 26-6 or a sworn motor vehicle inspector acting under 396
the authority of section 14-8, shall seek, execute or participate in the 397
execution of a no-knock search warrant. A search warrant authorized 398
under this section shall require that an officer provide notice of such 399
officer's identity, authority and purpose prior to entering the place to be 400
searched for the execution of such search warrant. Prior to undertaking 401
any search or seizure pursuant to the search warrant, the executing 402
officer shall read and give a copy of the search warrant to the person to 403
be searched or the owner of the place to be searched or, if the owner is 404
not present, to any occupant of the place to be searched. If the place to 405
be searched is unoccupied, the executing officer shall leave a copy of the 406
search warrant suitably affixed to the place to be searched. For purposes 407
of this subsection, "no-knock warrant" means a warrant authorizing 408
police officers to enter certain premises without first knocking and 409
announcing their presence or purpose prior to entering the property. 410
[(e)] (f) A judge or judge trial referee may issue a warrant pursuant to 411 Raised Bill No. 1093
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this section for records or data that are in the actual or constructive 412
possession of a foreign corporation or business entity that transacts 413
business in this state, including, but not limited to, a foreign corporation 414
or business entity that provides electronic communication services or 415
remote computing services to the public. Such a warrant may be served 416
on an authorized representative of the foreign corporation or business 417
entity by hand, mail, commercial delivery, facsimile or electronic 418
transmission, provided proof of delivery can be established. When 419
properly served with a warrant issued pursuant to this section, the 420
foreign corporation or business entity shall provide to the applicant all 421
records or data sought by the warrant within fourteen business days of 422
being served with the warrant, unless the judge or judge trial referee 423
determines that a shorter or longer period of time is necessary or 424
appropriate. 425
[(f)] (g) The inadvertent failure of the issuing judge or judge trial 426
referee to state on the warrant the time of its issuance shall not in and of 427
itself invalidate the warrant. 428
Sec. 9. Section 53a-22 of the general statutes, as amended by section 429
29 of public act 20-1 of the July special session and section 2 of substitute 430
house bill 6462 of the current session, is amended by adding subsection 431
(h) as follows (Effective January 1, 2022): 432
(NEW) (h) In determining whether use of force by a peace officer who 433
is a police officer, as defined in subsection (a) of section 29-6d, is justified 434
pursuant to this section, the trier of fact may draw an unfavorable 435
inference from a police officer's deliberate failure in violation of section 436
29-6d, as amended by this act, to record such use of physical force. 437
Sec. 10. Section 52-571k of the general statutes is repealed and the 438
following is substituted in lieu thereof (Effective July 1, 2021): 439
(a) As used in this section: 440
(1) "Law enforcement unit" has the same meaning as provided in 441
section 7-294a; and 442 Raised Bill No. 1093
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(2) "Police officer" has the same meaning as provided in section 7-443
294a. 444
(b) No police officer, acting alone or in conspiracy with another, shall 445
deprive any person or class of persons of the equal protection of the laws 446
of this state, or of the equal privileges and immunities under the laws of 447
this state, including, without limitation, the protections, privileges and 448
immunities guaranteed under article first of the Constitution of the 449
state. 450
(c) Any person aggrieved by a violation of subsection (b) of this 451
section may bring a civil action for equitable relief or damages in the 452
Superior Court. A civil action brought for damages shall be triable by 453
jury. 454
(d) (1) In any civil action brought under this section, governmental 455
immunity shall only be a defense to a claim for damages when, at the 456
time of the conduct complained of, the police officer had an objectively 457
good faith belief that such officer's conduct did not violate the law. 458
There shall be no interlocutory appeal of a trial court's denial of the 459
application of the defense of governmental immunity. Governmental 460
immunity shall not be a defense in a civil action brought solely for 461
equitable relief. 462
(2) In any civil action brought under this section, the trier of fact may 463
draw an adverse inference from a police officer's deliberate failure, in 464
violation of section 29-6d, as amended by this act, to record any event 465
that is relevant to such action. 466
(e) In an action under this section, each municipality or law 467
enforcement unit shall protect and save harmless any such police officer 468
from financial loss and expense, including legal fees and costs, if any, 469
arising out of any claim, demand or suit instituted against such officer 470
by reason of any act undertaken by such officer while acting in the 471
discharge of the officer's duties. In the event such officer has a judgment 472
entered against him or her for a malicious, wanton or wilful act in a 473
court of law, such municipality shall be reimbursed by such officer for 474 Raised Bill No. 1093
LCO No. 5983 16 of 17
expenses it incurred in providing such defense and shall not be held 475
liable to such officer for any financial loss or expense resulting from such 476
act. 477
(f) In any civil action brought under this section, if the court finds that 478
a violation of subsection (b) of this section was deliberate, wilful or 479
committed with reckless indifference, the plaintiff may be awarded 480
costs and reasonable attorney's fees. 481
(g) A civil action brought pursuant to this section shall be commenced 482
not later than one year after the date on which the cause of action 483
accrues. Any notice of claim provision set forth in the general statutes, 484
including, but not limited to, the provisions of subsection (d) of section 485
7-101a and subsection (a) of section 7-465 shall not apply to an action 486
brought under this section. 487
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 7-294aaa
Sec. 2 October 1, 2021 29-6d(f)
Sec. 3 July 1, 2022 29-6d(f)
Sec. 4 October 1, 2021 29-161h(c)
Sec. 5 October 1, 2021 29-161q
Sec. 6 October 1, 2021 54-33b
Sec. 7 October 1, 2021 54-33o
Sec. 8 October 1, 2021 54-33a
Sec. 9 January 1, 2022 53a-22
Sec. 10 July 1, 2021 52-571k
Statement of Purpose:
To (1) provide explicit language for the objection to and enforcement of
a subpoena issued by a civilian police review board, (2) modify
provision concerning viewing by a police officer and his or
representative of body-worn recording equipment or dashboard camera
footage, (3) ban police officers decertified in other states from being
licensed as a security guard, (4) ban no-knock search warrants and
modify police search statutes, and (5) allow the court to draw adverse
or unfavorable inferences in the case of a police officer's deliberate
failure to record an incident of use of force. Raised Bill No. 1093
LCO No. 5983 17 of 17
[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.]