Connecticut 2021 Regular Session

Connecticut Senate Bill SB01093 Compare Versions

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	7	+	General Assembly Substitute Bill No. 1093
	8	+	January Session, 2021
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4		-	Substitute Senate Bill No. 1093
5		-
6		-	Public Act No. 21-33
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8	13
9	14		AN ACT CONCERNING CI VILIAN POLICE REVIEW BOARDS,
10		-	SECURITY GUARDS, BODY -WORN RECORDING EQUIPMENT,
11		-	SEARCHES BY POLICE, LIMITATIONS ON OFFENSES SUBJECT
12		-	TO AUTOMATIC ERASURE, ENTICING A JUVENILE TO COMMIT A
13		-	CRIME, LAWFUL ORDERS BY POLICE OFFICERS AND NOTICE TO
14		-	A VICTIM CONCERNING AUTOMATIC ERASURE OF CRIMINAL
15		-	RECORD HISTORY.
	15	+	SECURITY GUARDS, BOD Y-WORN RECORDING EQU IPMENT AND
	16	+	SEARCHES BY POLICE.
16	17		Be it enacted by the Senate and House of Representatives in General
17	18		Assembly convened:
18	19
19		-	Section 1. Section 7-294aaa of the general statutes is repealed and the
20		-	following is substituted in lieu thereof (Effective October 1, 2021):
21		-	(a) The legislative body of a town may, by ordinance, establish a
22		-	civilian police review board. The ordinance shall, at a minimum,
23		-	prescribe: (1) The scope of authority of the civilian police review board;
24		-	(2) the number of members of the civilian police review board; (3) the
25		-	process for the selection of board members, whether elected or
26		-	appointed; (4) the term of office for board members; and (5) the
27		-	procedure for filling any vacancy in the membership of the civilian
28		-	police review board.
29		-	(b) Any civilian police review board established pursuant to
30		-	subsection (a) of this section may be vested with the authority to: (1)
31		-	Issue subpoenas to compel the attendance of witnesses before such Substitute Senate Bill No. 1093
	20	+	Section 1. Section 7-294aaa of the general statutes is repealed and the 1
	21	+	following is substituted in lieu thereof (Effective October 1, 2021): 2
	22	+	(a) The legislative body of a town may, by ordinance, establish a 3
	23	+	civilian police review board. The ordinance shall, at a minimum, 4
	24	+	prescribe: (1) The scope of authority of the civilian police review board; 5
	25	+	(2) the number of members of the civilian police review board; (3) the 6
	26	+	process for the selection of board members, whether elected or 7
	27	+	appointed; (4) the term of office for board members; and (5) the 8
	28	+	procedure for filling any vacancy in the membership of the civilian 9
	29	+	police review board. 10
	30	+	(b) Any civilian police review board established pursuant to 11
	31	+	subsection (a) of this section may be vested with the authority to: (1) 12
	32	+	Issue subpoenas to compel the attendance of witnesses before such 13
	33	+	board; and (2) require the production for examination of any books and 14
	34	+	papers that such board deems relevant to any matter under 15
	35	+	investigation or in question. 16 Substitute Bill No. 1093
32	36
33		-	Public Act No. 21-33 2 of 21
34	37
35		-	board; and (2) require the production for examination of any books and
36		-	papers that such board deems relevant to any matter under
37		-	investigation or in question.
38		-	(c) (1) The person to whom such subpoena is issued may, not later
39		-	than fifteen days after service of such subpoena, or on or before the time
40		-	specified in the subpoena for compliance if such time is less than fifteen
41		-	days after service, serve upon the board written objection to the
42		-	subpoena and file such objection in the Superior Court which shall
43		-	adjudicate such objection in accordance with the rules of the court.
44		-	(2) If the person to whom such subpoena is issued fails to appear or
45		-	if having appeared refuses to testify or produce the evidence required
46		-	by such subpoena, the Superior Court, upon application of such board,
47		-	shall have jurisdiction to order such person to appear or to give
48		-	testimony or produce such evidence, as the case may be.
49		-	[(c)] (d) The provisions of this section shall not be construed to affect
50		-	the operation of, or impose any limitation upon, a civilian police review
51		-	board established prior to July 31, 2020.
52		-	[(d)] (e) Upon receipt of a written request from the Office of the
53		-	Inspector General, established pursuant to section 51-277e, a civilian
54		-	police review board shall stay and take no further action in connection
55		-	with any proceeding that is the subject of an investigation or criminal
56		-	prosecution that is being conducted pursuant to said section or section
57		-	51-277a. Any stay of proceedings imposed pursuant to this subsection
58		-	shall not exceed six months from the date on which the civilian police
59		-	review board receives such written request from the Office of the
60		-	Inspector General, and such stay of proceedings may be terminated
61		-	sooner if the Office of the Inspector General provides written
62		-	notification to the civilian police review board that a stay of proceedings
63		-	is no longer required. Substitute Senate Bill No. 1093
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65		-	Public Act No. 21-33 3 of 21
	42	+	(c) (1) The person to whom such subpoena is issued may, not later 17
	43	+	than fifteen days after service of such subpoena, or on or before the time 18
	44	+	specified in the subpoena for compliance if such time is less than fifteen 19
	45	+	days after service, serve upon the board written objection to the 20
	46	+	subpoena and file such objection in the Superior Court which shall 21
	47	+	adjudicate such objection in accordance with the rules of the court. 22
	48	+	(2) If the person to whom such subpoena is issued fails to appear or 23
	49	+	if having appeared refuses to testify or produce the evidence required 24
	50	+	by such subpoena, the Superior Court, upon application of such board, 25
	51	+	shall have jurisdiction to order such person to appear or to give 26
	52	+	testimony or produce such evidence, as the case may be. 27
	53	+	[(c)] (d) The provisions of this section shall not be construed to affect 28
	54	+	the operation of, or impose any limitation upon, a civilian police review 29
	55	+	board established prior to July 31, 2020. 30
	56	+	[(d)] (e) Upon receipt of a written request from the Office of the 31
	57	+	Inspector General, established pursuant to section 51-277e, a civilian 32
	58	+	police review board shall stay and take no further action in connection 33
	59	+	with any proceeding that is the subject of an investigation or criminal 34
	60	+	prosecution that is being conducted pursuant to said section or section 35
	61	+	51-277a. Any stay of proceedings imposed pursuant to this subsection 36
	62	+	shall not exceed six months from the date on which the civilian police 37
	63	+	review board receives such written request from the Office of the 38
	64	+	Inspector General, and such stay of proceedings may be terminated 39
	65	+	sooner if the Office of the Inspector General provides written 40
	66	+	notification to the civilian police review board that a stay of proceedings 41
	67	+	is no longer required. 42
	68	+	Sec. 2. Subsection (f) of section 29-6d of the general statutes is 43
	69	+	repealed and the following is substituted in lieu thereof (Effective October 44
	70	+	1, 2021): 45
	71	+	(f) (1) If a police officer is giving a formal statement about the use of 46
	72	+	force or if a police officer is the subject of a disciplinary investigation in 47 Substitute Bill No. 1093
66	73
67		-	Sec. 2. Subsection (f) of section 29-6d of the general statutes is
68		-	repealed and the following is substituted in lieu thereof (Effective October
69		-	1, 2021):
70		-	(f) (1) If a police officer is giving a formal statement about the use of
71		-	force or if a police officer is the subject of a disciplinary investigation in
72		-	which a recording from body-worn recording equipment or a
73		-	dashboard camera with a remote recorder, as defined in subsection (c)
74		-	of section 7-277b, is being considered as part of a review of an incident,
75		-	the officer shall [(1)] have the right to review (A) such recording in the
76		-	presence of the officer's attorney or labor representative, and [(2) have
77		-	the right to review] (B) recordings from other body-worn recording
78		-	equipment capturing the officer's image or voice during the incident.
79		-	Not later than forty-eight hours following an officer's review of a
80		-	recording under subparagraph (A) of this subdivision, [(1) of this
81		-	subsection,] or if the officer does not review the recording, not later than
82		-	ninety-six hours following the [recorded incident] initiation of such
83		-	disciplinary investigation, whichever is earlier, such recording shall be
84		-	disclosed, upon request, to the public, subject to the provisions of
85		-	subsection (g) of this section.
86		-	(2) If a request is made for public disclosure of a recording from body-
87		-	worn recording equipment or a dashboard camera of an incident about
88		-	which (A) a police officer has not been asked to give a formal statement
89		-	about the alleged use of force, or (B) a disciplinary investigation has not
90		-	been initiated, any police officer whose image or voice is captured on
91		-	the recording shall have the right to review such recording in the
92		-	presence of the officer's attorney or labor representative. Not later than
93		-	forty-eight hours following an officer's review of a recording under this
94		-	subdivision, or if the officer does not review the recording, not later than
95		-	ninety-six hours following the request for disclosure, whichever is
96		-	earlier, such recording shall be disclosed to the public, subject to the
97		-	provisions of subsection (g) of this section. Substitute Senate Bill No. 1093
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99		-	Public Act No. 21-33 4 of 21
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101		-	Sec. 3. Subsection (f) of section 29-6d of the general statutes, as
102		-	amended by section 19 of public act 20-1 of the July special session, is
103		-	repealed and the following is substituted in lieu thereof (Effective July 1,
104		-	2022):
105		-	(f) (1) If a police officer is giving a formal statement about the use of
106		-	force or if a police officer is the subject of a disciplinary investigation in
107		-	which a recording from body-worn recording equipment or a
108		-	dashboard camera is being considered as part of a review of an incident,
109		-	the officer shall [(1)] have the right to review (A) such recording in the
110		-	presence of the officer's attorney or labor representative, and [(2) have
111		-	the right to review] (B) recordings from other body-worn recording
112		-	equipment capturing the officer's image or voice during the incident.
113		-	Not later than forty-eight hours following an officer's review of a
114		-	recording under subparagraph (A) of this subdivision, [(1) of this
115		-	subsection,] or if the officer does not review the recording, not later than
116		-	ninety-six hours following the [recorded incident] initiation of such
117		-	disciplinary investigation, whichever is earlier, such recording shall be
118		-	disclosed, upon request, to the public, subject to the provisions of
119		-	subsection (g) of this section.
120		-	(2) If a request is made for public disclosure of a recording from body-
121		-	worn recording equipment or a dashboard camera of an incident about
122		-	which (A) a police officer has not been asked to give a formal statement
123		-	about the alleged use of force, or (B) a disciplinary investigation has not
124		-	been initiated, any police officer whose image or voice is captured on
125		-	the recording shall have the right to review such recording in the
126		-	presence of the officer's attorney or labor representative. Not later than
127		-	forty-eight hours following an officer's review of a recording under this
128		-	subdivision, or if the officer does not review the recording, not later than
129		-	ninety-six hours following the request for disclosure, whichever is
130		-	earlier, such recording shall be disclosed to the public, subject to the
131		-	provisions of subsection (g) of this section. Substitute Senate Bill No. 1093
	79	+	which a recording from body-worn recording equipment or a 48
	80	+	dashboard camera with a remote recorder, as defined in subsection (c) 49
	81	+	of section 7-277b, is being considered as part of a review of an incident, 50
	82	+	the officer shall [(1)] have the right to review (A) such recording in the 51
	83	+	presence of the officer's attorney or labor representative, and [(2) have 52
	84	+	the right to review] (B) recordings from other body-worn recording 53
	85	+	equipment capturing the officer's image or voice during the incident. 54
	86	+	Not later than forty-eight hours following an officer's review of a 55
	87	+	recording under subparagraph (A) of this subdivision, [(1) of this 56
	88	+	subsection,] or if the officer does not review the recording, not later than 57
	89	+	ninety-six hours following the [recorded incident] initiation of such 58
	90	+	disciplinary investigation, whichever is earlier, such recording shall be 59
	91	+	disclosed, upon request, to the public, subject to the provisions of 60
	92	+	subsection (g) of this section. 61
	93	+	(2) If a request is made for public disclosure of a recording from body-62
	94	+	worn recording equipment or a dashboard camera of an incident about 63
	95	+	which (A) a police officer has not been asked to give a formal statement 64
	96	+	about the alleged use of force, or (B) a disciplinary investigation has not 65
	97	+	been initiated, any police officer whose image or voice is captured on 66
	98	+	the recording shall have the right to review such recording in the 67
	99	+	presence of the officer's attorney or labor representative. Not later than 68
	100	+	forty-eight hours following an officer's review of a recording under this 69
	101	+	subdivision, or if the officer does not review the recording, not later than 70
	102	+	ninety-six hours following the request for disclosure, whichever is 71
	103	+	earlier, such recording shall be disclosed to the public, subject to the 72
	104	+	provisions of subsection (g) of this section. 73
	105	+	Sec. 3. Subsection (f) of section 29-6d of the general statutes, as 74
	106	+	amended by section 19 of public act 20-1 of the July special session, is 75
	107	+	repealed and the following is substituted in lieu thereof (Effective July 1, 76
	108	+	2022): 77
	109	+	(f) (1) If a police officer is giving a formal statement about the use of 78
	110	+	force or if a police officer is the subject of a disciplinary investigation in 79
	111	+	which a recording from body-worn recording equipment or a 80 Substitute Bill No. 1093
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133		-	Public Act No. 21-33 5 of 21
134	113
135		-	Sec. 4. Subsection (c) of section 29-161h of the general statutes is
136		-	repealed and the following is substituted in lieu thereof (Effective October
137		-	1, 2021):
138		-	(c) No license shall be issued to any person who has been (1)
139		-	convicted of any felony, (2) convicted of any misdemeanor under
140		-	section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175,
141		-	53a-176, 53a-178 or 53a-181d, or equivalent conviction in another
142		-	jurisdiction, within the past seven years, (3) convicted of any offense
143		-	involving moral turpitude, (4) discharged from military service under
144		-	conditions that demonstrate questionable moral character, or (5)
145		-	decertified as a police officer or otherwise had his or her certification
146		-	canceled, revoked or refused renewal pursuant to subsection (c) of
147		-	section 7-294d, as amended by this act, or under the laws of any other
148		-	jurisdiction.
149		-	Sec. 5. Section 29-161q of the general statutes is repealed and the
150		-	following is substituted in lieu thereof (Effective October 1, 2021):
151		-	(a) Any security service or business may employ as many security
152		-	officers as such security service or business deems necessary for the
153		-	conduct of the business, provided such security officers are of good
154		-	moral character and at least eighteen years of age.
155		-	(b) No person hired or otherwise engaged to perform work as a
156		-	security officer, as defined in section 29-152u, shall perform the duties
157		-	of a security officer prior to being licensed as a security officer by the
158		-	Commissioner of Emergency Services and Public Protection, except as
159		-	provided in subsection (h) of this section. Each applicant for a license
160		-	shall complete a minimum of eight hours training in the following areas:
161		-	Basic first aid, search and seizure laws and regulations, use of force,
162		-	basic criminal justice and public safety issues. The commissioner shall
163		-	waive such training for any person who, while serving in the armed
164		-	forces or the National Guard, or if such person is a veteran, within two Substitute Senate Bill No. 1093
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166		-	Public Act No. 21-33 6 of 21
	118	+	dashboard camera is being considered as part of a review of an incident, 81
	119	+	the officer shall [(1)] have the right to review (A) such recording in the 82
	120	+	presence of the officer's attorney or labor representative, and [(2) have 83
	121	+	the right to review] (B) recordings from other body-worn recording 84
	122	+	equipment capturing the officer's image or voice during the incident. 85
	123	+	Not later than forty-eight hours following an officer's review of a 86
	124	+	recording under subparagraph (A) of this subdivision, [(1) of this 87
	125	+	subsection,] or if the officer does not review the recording, not later than 88
	126	+	ninety-six hours following the [recorded incident] initiation of such 89
	127	+	disciplinary investigation, whichever is earlier, such recording shall be 90
	128	+	disclosed, upon request, to the public, subject to the provisions of 91
	129	+	subsection (g) of this section. 92
	130	+	(2) If a request is made for public disclosure of a recording from body-93
	131	+	worn recording equipment or a dashboard camera of an incident about 94
	132	+	which (A) a police officer has not been asked to give a formal statement 95
	133	+	about the alleged use of force, or (B) a disciplinary investigation has not 96
	134	+	been initiated, any police officer whose image or voice is captured on 97
	135	+	the recording shall have the right to review such recording in the 98
	136	+	presence of the officer's attorney or labor representative. Not later than 99
	137	+	forty-eight hours following an officer's review of a recording under this 100
	138	+	subdivision, or if the officer does not review the recording, not later than 101
	139	+	ninety-six hours following the request for disclosure, whichever is 102
	140	+	earlier, such recording shall be disclosed to the public, subject to the 103
	141	+	provisions of subsection (g) of this section. 104
	142	+	Sec. 4. Subsection (c) of section 29-161h of the general statutes is 105
	143	+	repealed and the following is substituted in lieu thereof (Effective October 106
	144	+	1, 2021): 107
	145	+	(c) No license shall be issued to any person who has been (1) 108
	146	+	convicted of any felony, (2) convicted of any misdemeanor under 109
	147	+	section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 110
	148	+	53a-176, 53a-178 or 53a-181d, or equivalent conviction in another 111
	149	+	jurisdiction, within the past seven years, (3) convicted of any offense 112
	150	+	involving moral turpitude, (4) discharged from military service under 113 Substitute Bill No. 1093
167	151
168		-	years of such person's discharge from the armed forces, presents proof
169		-	that such person has completed military training that is equivalent to
170		-	the training required by this subsection, and, if applicable, such person's
171		-	military discharge document or a certified copy thereof. For the
172		-	purposes of this subsection, "veteran" means any person who was
173		-	discharged or released under conditions other than dishonorable from
174		-	active service in the armed forces, "armed forces" has the same meaning
175		-	as provided in section 27-103, and "military discharge document" has
176		-	the same meaning as provided in section 1-219. The training shall be
177		-	approved by the commissioner in accordance with regulations adopted
178		-	pursuant to section 29-161x. The commissioner may not grant a license
179		-	to any person who has been decertified as a police officer or otherwise
180		-	had his or her certification canceled, revoked or refused renewal
181		-	pursuant to subsection (c) of section 7-294d, as amended by this act, or
182		-	under the laws of any other jurisdiction.
183		-	(1) On and after October 1, 2008, no person or employee of an
184		-	association, corporation or partnership shall conduct such training
185		-	without the approval of the commissioner except as provided in
186		-	subdivision (2) of this subsection. Application for such approval shall
187		-	be submitted on forms prescribed by the commissioner and
188		-	accompanied by a fee of forty dollars. Such application shall be made
189		-	under oath and shall contain the applicant's name, address, date and
190		-	place of birth, employment for the previous five years, education or
191		-	training in the subjects required to be taught under this subsection, any
192		-	convictions for violations of the law and such other information as the
193		-	commissioner may require by regulation adopted pursuant to section
194		-	29-161x to properly investigate the character, competency and integrity
195		-	of the applicant. No person shall be approved as an instructor for such
196		-	training who has been convicted of a felony, a sexual offense or a crime
197		-	of moral turpitude or who has been denied approval as a security
198		-	service licensee, a security officer or instructor in the security industry
199		-	by any licensing authority, or whose approval has been revoked or Substitute Senate Bill No. 1093
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202	156
203		-	suspended. The term for such approval shall not exceed two years. Not
204		-	later than two business days after a change of address, any person
205		-	approved as an instructor in accordance with this section shall notify the
206		-	commissioner of such change and such notification shall include both
207		-	the old and new addresses.
208		-	(2) If a security officer training course described in this subsection is
209		-	approved by the commissioner on or before September 30, 2008, the
210		-	instructor of such course shall have until April 1, 2009, to apply for
211		-	approval as an instructor in accordance with subdivision (1) of this
212		-	subsection.
213		-	(3) Each person approved as an instructor in accordance with this
214		-	section may apply for the renewal of such approval on a form approved
215		-	by the commissioner, accompanied by a fee of forty dollars. Such form
216		-	may require the disclosure of any information necessary for the
217		-	commissioner to determine whether the instructor's suitability to serve
218		-	as an instructor has changed since the issuance of the prior approval.
219		-	The term of such renewed approval shall not exceed two years.
220		-	(c) Not later than two years after successful completion of the training
221		-	required pursuant to subsection (b) of this section, or the waiver of such
222		-	training, the applicant may submit an application for a license as a
223		-	security officer on forms furnished by the commissioner and, under
224		-	oath, shall give the applicant's name, address, date and place of birth,
225		-	employment for the previous five years, experience in the position
226		-	applied for, including military training and weapons qualifications, any
227		-	convictions for violations of the law and such other information as the
228		-	commissioner may require, by regulation, to properly investigate the
229		-	character, competency and integrity of the applicant. The commissioner
230		-	shall require any applicant for a license under this section to submit to
231		-	state and national criminal history records checks conducted in
232		-	accordance with section 29-17a. Each applicant shall submit with the
233		-	application two sets of his or her fingerprints on forms specified and Substitute Senate Bill No. 1093
	157	+	conditions that demonstrate questionable moral character, or (5) 114
	158	+	decertified as a police officer or otherwise had his or her certification 115
	159	+	canceled, revoked or refused renewal pursuant to subsection (c) of 116
	160	+	section 7-294d, or under the laws of any other jurisdiction. 117
	161	+	Sec. 5. Section 29-161q of the general statutes is repealed and the 118
	162	+	following is substituted in lieu thereof (Effective October 1, 2021): 119
	163	+	(a) Any security service or business may employ as many security 120
	164	+	officers as such security service or business deems necessary for the 121
	165	+	conduct of the business, provided such security officers are of good 122
	166	+	moral character and at least eighteen years of age. 123
	167	+	(b) No person hired or otherwise engaged to perform work as a 124
	168	+	security officer, as defined in section 29-152u, shall perform the duties 125
	169	+	of a security officer prior to being licensed as a security officer by the 126
	170	+	Commissioner of Emergency Services and Public Protection, except as 127
	171	+	provided in subsection (h) of this section. Each applicant for a license 128
	172	+	shall complete a minimum of eight hours training in the following areas: 129
	173	+	Basic first aid, search and seizure laws and regulations, use of force, 130
	174	+	basic criminal justice and public safety issues. The commissioner shall 131
	175	+	waive such training for any person who, while serving in the armed 132
	176	+	forces or the National Guard, or if such person is a veteran, within two 133
	177	+	years of such person's discharge from the armed forces, presents proof 134
	178	+	that such person has completed military training that is equivalent to 135
	179	+	the training required by this subsection, and, if applicable, such person's 136
	180	+	military discharge document or a certified copy thereof. For the 137
	181	+	purposes of this subsection, "veteran" means any person who was 138
	182	+	discharged or released under conditions other than dishonorable from 139
	183	+	active service in the armed forces, "armed forces" has the same meaning 140
	184	+	as provided in section 27-103, and "military discharge document" has 141
	185	+	the same meaning as provided in section 1-219. The training shall be 142
	186	+	approved by the commissioner in accordance with regulations adopted 143
	187	+	pursuant to section 29-161x. The commissioner may not grant a license 144
	188	+	to any person who has been decertified as a police officer or otherwise 145
	189	+	had his or her certification canceled, revoked or refused renewal 146 Substitute Bill No. 1093
234	190
235		-	Public Act No. 21-33 8 of 21
236	191
237		-	furnished by the commissioner, two full-face photographs, two inches
238		-	wide by two inches high, taken not earlier than six months prior to the
239		-	date of application, and a one-hundred-dollar licensing fee, made
240		-	payable to the state. Any applicant who received a waiver as provided
241		-	in subsection (b) of this section shall be exempt from payment of such
242		-	licensing fee. Subject to the provisions of section 46a-80, no person shall
243		-	be approved for a license who has been convicted of a felony, any sexual
244		-	offense or any crime involving moral turpitude, or who has been
245		-	refused a license under the provisions of sections 29-161g to 29-161x,
246		-	inclusive, for any reason except minimum experience, or whose license,
247		-	having been granted, has been revoked or is under suspension. Upon
248		-	being satisfied of the suitability of the applicant for licensure, the
249		-	commissioner may license the applicant as a security officer. Such
250		-	license shall be renewed every five years for a one-hundred-dollar fee.
251		-	The commissioner shall send a notice of the expiration date of such
252		-	license to the holder of such license, by first class mail, not less than
253		-	ninety days before such expiration, and shall enclose with such notice
254		-	an application for renewal. The security officer license shall be valid for
255		-	a period of ninety days after its expiration date unless the license has
256		-	been revoked or is under suspension pursuant to section 29-161v. An
257		-	application for renewal filed with the commissioner after the expiration
258		-	date shall be accompanied by a late fee of twenty-five dollars. The
259		-	commissioner shall not renew any license that has been expired for more
260		-	than ninety days.
261		-	(d) Upon the security officer's successful completion of training and
262		-	licensing by the commissioner, or immediately upon hiring a licensed
263		-	security officer, the security service employing such security officer
264		-	shall apply to register such security officer with the commissioner on
265		-	forms provided by the commissioner. Such application shall be
266		-	accompanied by payment of a forty-dollar application fee payable to the
267		-	state. The Division of State Police within the Department of Emergency
268		-	Services and Public Protection shall keep on file the completed Substitute Senate Bill No. 1093
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	196	+	pursuant to subsection (c) of section 7-294d, or under the laws of any 147
	197	+	other jurisdiction. 148
	198	+	(1) On and after October 1, 2008, no person or employee of an 149
	199	+	association, corporation or partnership shall conduct such training 150
	200	+	without the approval of the commissioner except as provided in 151
	201	+	subdivision (2) of this subsection. Application for such approval shall 152
	202	+	be submitted on forms prescribed by the commissioner and 153
	203	+	accompanied by a fee of forty dollars. Such application shall be made 154
	204	+	under oath and shall contain the applicant's name, address, date and 155
	205	+	place of birth, employment for the previous five years, education or 156
	206	+	training in the subjects required to be taught under this subsection, any 157
	207	+	convictions for violations of the law and such other information as the 158
	208	+	commissioner may require by regulation adopted pursuant to section 159
	209	+	29-161x to properly investigate the character, competency and integrity 160
	210	+	of the applicant. No person shall be approved as an instructor for such 161
	211	+	training who has been convicted of a felony, a sexual offense or a crime 162
	212	+	of moral turpitude or who has been denied approval as a security 163
	213	+	service licensee, a security officer or instructor in the security industry 164
	214	+	by any licensing authority, or whose approval has been revoked or 165
	215	+	suspended. The term for such approval shall not exceed two years. Not 166
	216	+	later than two business days after a change of address, any person 167
	217	+	approved as an instructor in accordance with this section shall notify the 168
	218	+	commissioner of such change and such notification shall include both 169
	219	+	the old and new addresses. 170
	220	+	(2) If a security officer training course described in this subsection is 171
	221	+	approved by the commissioner on or before September 30, 2008, the 172
	222	+	instructor of such course shall have until April 1, 2009, to apply for 173
	223	+	approval as an instructor in accordance with subdivision (1) of this 174
	224	+	subsection. 175
	225	+	(3) Each person approved as an instructor in accordance with this 176
	226	+	section may apply for the renewal of such approval on a form approved 177
	227	+	by the commissioner, accompanied by a fee of forty dollars. Such form 178
	228	+	may require the disclosure of any information necessary for the 179 Substitute Bill No. 1093
271	229
272		-	registration form and all related material. An identification card with
273		-	the name, date of birth, address, full-face photograph, physical
274		-	descriptors and signature of the applicant shall be issued to the security
275		-	officer, and shall be carried by the security officer at all times while
276		-	performing the duties associated with the security officer's employment.
277		-	Registered security officers, in the course of performing their duties,
278		-	shall present such card for inspection upon the request of a law
279		-	enforcement officer.
280		-	(e) The security service shall notify the commissioner not later than
281		-	five days after the termination of employment of any registered
282		-	employee.
283		-	(f) Any fee or portion of a fee paid pursuant to this section shall not
284		-	be refundable.
285		-	(g) No person, firm or corporation shall employ or otherwise engage
286		-	any person as a security officer, as defined in section 29-152u, unless
287		-	such person (1) is a licensed security officer, or (2) meets the
288		-	requirements of subsection (h) of this section.
289		-	(h) During the time that an application for a license as a security
290		-	officer is pending with the commissioner, the applicant may perform the
291		-	duties of security officer, provided (1) the security service employing
292		-	the applicant conducts, or has a consumer reporting agency regulated
293		-	under the federal Fair Credit Reporting Act conduct, a state and national
294		-	criminal history records check and determines the applicant meets the
295		-	requirements of subsection (c) of this section to be a security officer, (2)
296		-	the applicant (A) successfully completed the training required pursuant
297		-	to subsection (b) of this section, or obtained a waiver of such training,
298		-	and (B) performs the duties of a security officer under the direct on-site
299		-	supervision of a licensed security officer with at least one year of
300		-	experience as a licensed security officer, and (3) the applicant has not
301		-	been decertified as a police officer or otherwise had his or her Substitute Senate Bill No. 1093
302	230
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304	234
305		-	certification canceled, revoked or refused renewal pursuant to
306		-	subsection (c) of section 7-294d, as amended by this act, or under the
307		-	laws of any other jurisdiction. The applicant shall not perform such
308		-	duties at a public or private preschool, elementary or secondary school
309		-	or at a facility licensed and used exclusively as a child care center, as
310		-	described in subdivision (1) of subsection (a) of section 19a-77. The
311		-	applicant shall cease to perform such duties pursuant to this subsection
312		-	when the commissioner grants or denies the pending application for a
313		-	security license under this section.
314		-	(i) Any person, firm or corporation that violates any provision of
315		-	subsection (b), (d), (e), (g) or (h) of this section shall be fined seventy-
316		-	five dollars for each offense. Each distinct violation of this section shall
317		-	be a separate offense and, in the case of a continuing violation, each day
318		-	thereof shall be deemed a separate offense.
319		-	Sec. 6. Section 54-33b of the general statutes is repealed and the
320		-	following is substituted in lieu thereof (Effective October 1, 2021):
321		-	(a) [The consent of a person given to a law enforcement official to
322		-	conduct a search of such person shall not, absent the existence of
323		-	probable cause, constitute justification for such law enforcement official
324		-	to conduct such search] A law enforcement official may ask a person if
325		-	he or she may conduct a search of their person, provided such law
326		-	enforcement official has reasonable and articulable suspicion that
327		-	weapons, contraband or other evidence of a crime is contained upon the
328		-	person, or that the search is reasonably necessary to further an ongoing
329		-	law enforcement investigation. A law enforcement official who solicits
330		-	consent to search a person shall, whether or not the consent is granted,
331		-	complete a police report documenting the reasonable and articulable
332		-	suspicion for the solicitation of consent, or the facts and circumstances
333		-	that support the search being reasonably necessary to further an
334		-	ongoing law enforcement investigation. Substitute Senate Bill No. 1093
	235	+	commissioner to determine whether the instructor's suitability to serve 180
	236	+	as an instructor has changed since the issuance of the prior approval. 181
	237	+	The term of such renewed approval shall not exceed two years. 182
	238	+	(c) Not later than two years after successful completion of the training 183
	239	+	required pursuant to subsection (b) of this section, or the waiver of such 184
	240	+	training, the applicant may submit an application for a license as a 185
	241	+	security officer on forms furnished by the commissioner and, under 186
	242	+	oath, shall give the applicant's name, address, date and place of birth, 187
	243	+	employment for the previous five years, experience in the position 188
	244	+	applied for, including military training and weapons qualifications, any 189
	245	+	convictions for violations of the law and such other information as the 190
	246	+	commissioner may require, by regulation, to properly investigate the 191
	247	+	character, competency and integrity of the applicant. The commissioner 192
	248	+	shall require any applicant for a license under this section to submit to 193
	249	+	state and national criminal history records checks conducted in 194
	250	+	accordance with section 29-17a. Each applicant shall submit with the 195
	251	+	application two sets of his or her fingerprints on forms specified and 196
	252	+	furnished by the commissioner, two full-face photographs, two inches 197
	253	+	wide by two inches high, taken not earlier than six months prior to the 198
	254	+	date of application, and a one-hundred-dollar licensing fee, made 199
	255	+	payable to the state. Any applicant who received a waiver as provided 200
	256	+	in subsection (b) of this section shall be exempt from payment of such 201
	257	+	licensing fee. Subject to the provisions of section 46a-80, no person shall 202
	258	+	be approved for a license who has been convicted of a felony, any sexual 203
	259	+	offense or any crime involving moral turpitude, or who has been 204
	260	+	refused a license under the provisions of sections 29-161g to 29-161x, 205
	261	+	inclusive, for any reason except minimum experience, or whose license, 206
	262	+	having been granted, has been revoked or is under suspension. Upon 207
	263	+	being satisfied of the suitability of the applicant for licensure, the 208
	264	+	commissioner may license the applicant as a security officer. Such 209
	265	+	license shall be renewed every five years for a one-hundred-dollar fee. 210
	266	+	The commissioner shall send a notice of the expiration date of such 211
	267	+	license to the holder of such license, by first class mail, not less than 212
	268	+	ninety days before such expiration, and shall enclose with such notice 213 Substitute Bill No. 1093
335	269
336		-	Public Act No. 21-33 11 of 21
337	270
338		-	(b) A law enforcement official serving a search warrant may, if such
339		-	official has reason to believe that any of the property described in the
340		-	warrant is concealed in the garments of any person in or upon the place
341		-	or thing to be searched, search the person for the purpose of seizing the
342		-	same. When the person to be searched is a woman, the search shall be
343		-	made by a female law enforcement official or other woman assisting in
344		-	the service of the warrant, or by a woman designated by the judge or
345		-	judge trial referee issuing the warrant.
346		-	Sec. 7. Section 54-33a of the general statutes is repealed and the
347		-	following is substituted in lieu thereof (Effective October 1, 2021):
348		-	(a) As used in sections 54-33a to 54-33g, inclusive, "property"
349		-	includes, but is not limited to, documents, books, papers, films,
350		-	recordings, records, data and any other tangible thing; and "tracking
351		-	device" means an electronic or mechanical device that permits the
352		-	tracking of the movement of a person or object.
353		-	(b) Upon complaint on oath by any state's attorney or assistant state's
354		-	attorney or by any two credible persons, to any judge of the Superior
355		-	Court or judge trial referee, that such state's attorney or assistant state's
356		-	attorney or such persons have probable cause to believe that any
357		-	property (1) possessed, controlled, designed or intended for use or
358		-	which is or has been used or which may be used as the means of
359		-	committing any criminal offense; or (2) which was stolen or embezzled;
360		-	or (3) which constitutes evidence of an offense, or which constitutes
361		-	evidence that a particular person participated in the commission of an
362		-	offense, is within or upon any place, thing or person, such judge or judge
363		-	trial referee, except as provided in section 54-33j, may issue a warrant
364		-	commanding a proper officer to enter into or upon such place or thing,
365		-	search such place, thing or person and take into such officer's custody
366		-	all such property named in the warrant.
367		-	(c) Upon complaint on oath by any state's attorney or assistant state's Substitute Senate Bill No. 1093
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369		-	Public Act No. 21-33 12 of 21
	275	+	an application for renewal. The security officer license shall be valid for 214
	276	+	a period of ninety days after its expiration date unless the license has 215
	277	+	been revoked or is under suspension pursuant to section 29-161v. An 216
	278	+	application for renewal filed with the commissioner after the expiration 217
	279	+	date shall be accompanied by a late fee of twenty-five dollars. The 218
	280	+	commissioner shall not renew any license that has been expired for more 219
	281	+	than ninety days. 220
	282	+	(d) Upon the security officer's successful completion of training and 221
	283	+	licensing by the commissioner, or immediately upon hiring a licensed 222
	284	+	security officer, the security service employing such security officer 223
	285	+	shall apply to register such security officer with the commissioner on 224
	286	+	forms provided by the commissioner. Such application shall be 225
	287	+	accompanied by payment of a forty-dollar application fee payable to the 226
	288	+	state. The Division of State Police within the Department of Emergency 227
	289	+	Services and Public Protection shall keep on file the completed 228
	290	+	registration form and all related material. An identification card with 229
	291	+	the name, date of birth, address, full-face photograph, physical 230
	292	+	descriptors and signature of the applicant shall be issued to the security 231
	293	+	officer, and shall be carried by the security officer at all times while 232
	294	+	performing the duties associated with the security officer's employment. 233
	295	+	Registered security officers, in the course of performing their duties, 234
	296	+	shall present such card for inspection upon the request of a law 235
	297	+	enforcement officer. 236
	298	+	(e) The security service shall notify the commissioner not later than 237
	299	+	five days after the termination of employment of any registered 238
	300	+	employee. 239
	301	+	(f) Any fee or portion of a fee paid pursuant to this section shall not 240
	302	+	be refundable. 241
	303	+	(g) No person, firm or corporation shall employ or otherwise engage 242
	304	+	any person as a security officer, as defined in section 29-152u, unless 243
	305	+	such person (1) is a licensed security officer, or (2) meets the 244
	306	+	requirements of subsection (h) of this section. 245 Substitute Bill No. 1093
370	307
371		-	attorney or by any two credible persons, to any judge of the Superior
372		-	Court or judge trial referee, that such state's attorney or assistant state's
373		-	attorney or such persons have probable cause to believe that a criminal
374		-	offense has been, is being, or will be committed and that the use of a
375		-	tracking device will yield evidence of the commission of that offense,
376		-	such judge or judge trial referee may issue a warrant authorizing the
377		-	installation and use of a tracking device. The complaint shall identify
378		-	the person on which or the property to, in or on which the tracking
379		-	device is to be installed, and, if known, the owner of such property.
380		-	(d) A warrant may issue only on affidavit sworn to by the
381		-	complainant or complainants before the judge or judge trial referee and
382		-	establishing the grounds for issuing the warrant, which affidavit shall
383		-	be part of the arrest file. If the judge or judge trial referee is satisfied that
384		-	grounds for the application exist or that there is probable cause to
385		-	believe that grounds for the application exist, the judge or judge trial
386		-	referee shall issue a warrant identifying the property and naming or
387		-	describing the person, place or thing to be searched or authorizing the
388		-	installation and use of a tracking device and identifying the person on
389		-	which or the property to, in or on which the tracking device is to be
390		-	installed. The warrant shall be directed to any police officer of a
391		-	regularly organized police department or any state police officer, to an
392		-	inspector in the Division of Criminal Justice, to a conservation officer,
393		-	special conservation officer or patrolman acting pursuant to section 26-
394		-	6 or to a sworn motor vehicle inspector acting under the authority of
395		-	section 14-8. Except for a warrant for the installation and use of a
396		-	tracking device, the warrant shall state the date and time of its issuance
397		-	and the grounds or probable cause for its issuance and shall command
398		-	the officer to search within a reasonable time the person, place or thing
399		-	named, for the property specified. A warrant for the installation and use
400		-	of a tracking device shall state the date and time of its issuance and the
401		-	grounds or probable cause for its issuance and shall command the
402		-	officer to complete the installation of the device within a specified Substitute Senate Bill No. 1093
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406		-	period not later than ten days after the date of its issuance and authorize
407		-	the installation and use of the tracking device, including the collection
408		-	of data through such tracking device, for a reasonable period of time not
409		-	to exceed thirty days from the date the tracking device is installed. Upon
410		-	request and a showing of good cause, a judge or judge trial referee may
411		-	authorize the use of the tracking device for an additional period of thirty
412		-	days.
413		-	(e) No police officer of a regularly organized police department or
414		-	any state police officer, an inspector in the Division of Criminal Justice,
415		-	a conservation officer, special conservation officer or patrolman acting
416		-	pursuant to section 26-6 or a sworn motor vehicle inspector acting under
417		-	the authority of section 14-8, shall seek, execute or participate in the
418		-	execution of a no-knock warrant. A search warrant authorized under
419		-	this section shall require that an officer provide notice of such officer's
420		-	identity, authority and purpose prior to entering the place to be
421		-	searched for the execution of such search warrant. Prior to undertaking
422		-	any search or seizure pursuant to the search warrant, the executing
423		-	officer shall read and give a copy of the search warrant to the person to
424		-	be searched or the owner of the place to be searched or, if the owner is
425		-	not present, to any occupant of the place to be searched. If the place to
426		-	be searched is unoccupied, the executing officer shall leave a copy of the
427		-	search warrant suitably affixed to the place to be searched. For purposes
428		-	of this subsection, "no-knock warrant" means a warrant authorizing
429		-	police officers to enter certain premises without first knocking and
430		-	announcing their presence or purpose prior to entering the place to be
431		-	searched.
432		-	[(e)] (f) A judge or judge trial referee may issue a warrant pursuant to
433		-	this section for records or data that are in the actual or constructive
434		-	possession of a foreign corporation or business entity that transacts
435		-	business in this state, including, but not limited to, a foreign corporation
436		-	or business entity that provides electronic communication services or Substitute Senate Bill No. 1093
	313	+	(h) During the time that an application for a license as a security 246
	314	+	officer is pending with the commissioner, the applicant may perform the 247
	315	+	duties of security officer, provided (1) the security service employing 248
	316	+	the applicant conducts, or has a consumer reporting agency regulated 249
	317	+	under the federal Fair Credit Reporting Act conduct, a state and national 250
	318	+	criminal history records check and determines the applicant meets the 251
	319	+	requirements of subsection (c) of this section to be a security officer, (2) 252
	320	+	the applicant (A) successfully completed the training required pursuant 253
	321	+	to subsection (b) of this section, or obtained a waiver of such training, 254
	322	+	and (B) performs the duties of a security officer under the direct on-site 255
	323	+	supervision of a licensed security officer with at least one year of 256
	324	+	experience as a licensed security officer, and (3) the applicant has not 257
	325	+	been decertified as a police officer or otherwise had his or her 258
	326	+	certification canceled, revoked or refused renewal pursuant to 259
	327	+	subsection (c) of section 7-294d, or under the laws of any other 260
	328	+	jurisdiction. The applicant shall not perform such duties at a public or 261
	329	+	private preschool, elementary or secondary school or at a facility 262
	330	+	licensed and used exclusively as a child care center, as described in 263
	331	+	subdivision (1) of subsection (a) of section 19a-77. The applicant shall 264
	332	+	cease to perform such duties pursuant to this subsection when the 265
	333	+	commissioner grants or denies the pending application for a security 266
	334	+	license under this section. 267
	335	+	(i) Any person, firm or corporation that violates any provision of 268
	336	+	subsection (b), (d), (e), (g) or (h) of this section shall be fined seventy-269
	337	+	five dollars for each offense. Each distinct violation of this section shall 270
	338	+	be a separate offense and, in the case of a continuing violation, each day 271
	339	+	thereof shall be deemed a separate offense. 272
	340	+	Sec. 6. Section 54-33b of the general statutes is repealed and the 273
	341	+	following is substituted in lieu thereof (Effective October 1, 2021): 274
	342	+	(a) [The consent of a person given to a law enforcement official to 275
	343	+	conduct a search of such person shall not, absent the existence of 276
	344	+	probable cause, constitute justification for such law enforcement official 277
	345	+	to conduct such search] A law enforcement official may ask a person if 278 Substitute Bill No. 1093
437	346
438		-	Public Act No. 21-33 14 of 21
439	347
440		-	remote computing services to the public. Such a warrant may be served
441		-	on an authorized representative of the foreign corporation or business
442		-	entity by hand, mail, commercial delivery, facsimile or electronic
443		-	transmission, provided proof of delivery can be established. When
444		-	properly served with a warrant issued pursuant to this section, the
445		-	foreign corporation or business entity shall provide to the applicant all
446		-	records or data sought by the warrant within fourteen business days of
447		-	being served with the warrant, unless the judge or judge trial referee
448		-	determines that a shorter or longer period of time is necessary or
449		-	appropriate.
450		-	[(f)] (g) The inadvertent failure of the issuing judge or judge trial
451		-	referee to state on the warrant the time of its issuance shall not in and of
452		-	itself invalidate the warrant.
453		-	Sec. 8. Section 53a-22 of the general statutes, as amended by section
454		-	29 of public act 20-1 of the July special session and section 2 of public act
455		-	21-4, is amended by adding subsection (h) as follows (Effective January 1,
456		-	2022):
457		-	(NEW) (h) In determining whether use of force by a peace officer who
458		-	is a police officer, as defined in subsection (a) of section 29-6d, is justified
459		-	pursuant to this section, the trier of fact may draw an unfavorable
460		-	inference from a police officer's deliberate failure in violation of section
461		-	29-6d, as amended by this act, to record such use of physical force.
462		-	Sec. 9. Section 52-571k of the general statutes is repealed and the
463		-	following is substituted in lieu thereof (Effective July 1, 2021):
464		-	(a) As used in this section:
465		-	(1) "Law enforcement unit" has the same meaning as provided in
466		-	section 7-294a; and
467		-	(2) "Police officer" has the same meaning as provided in section 7- Substitute Senate Bill No. 1093
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469		-	Public Act No. 21-33 15 of 21
	352	+	he or she may conduct a search of their person, provided such law 279
	353	+	enforcement official has reasonable and articulable suspicion that 280
	354	+	weapons, contraband or other evidence of a crime is contained upon the 281
	355	+	person, or that the search is reasonably necessary to further an ongoing 282
	356	+	law enforcement investigation. A law enforcement official who solicits 283
	357	+	consent to search a person shall, whether or not the consent is granted, 284
	358	+	complete a police report documenting the reasonable and articulable 285
	359	+	suspicion for the solicitation of consent, or the facts and circumstances 286
	360	+	that support the search being reasonably necessary to further an 287
	361	+	ongoing law enforcement investigation. 288
	362	+	(b) A law enforcement official serving a search warrant may, if such 289
	363	+	official has reason to believe that any of the property described in the 290
	364	+	warrant is concealed in the garments of any person in or upon the place 291
	365	+	or thing to be searched, search the person for the purpose of seizing the 292
	366	+	same. When the person to be searched is a woman, the search shall be 293
	367	+	made by a female law enforcement official or other woman assisting in 294
	368	+	the service of the warrant, or by a woman designated by the judge or 295
	369	+	judge trial referee issuing the warrant. 296
	370	+	Sec. 7. Section 54-33o of the general statutes is repealed and the 297
	371	+	following is substituted in lieu thereof (Effective October 1, 2021): 298
	372	+	(a) (1) [No] A law enforcement official may ask an operator of a motor 299
	373	+	vehicle to conduct a search of a motor vehicle or the contents of the 300
	374	+	motor vehicle that is stopped by a law enforcement official, [solely for a 301
	375	+	motor vehicle violation] provided such law enforcement official has 302
	376	+	reasonable and articulable suspicion that weapons, contraband or other 303
	377	+	evidence of a crime is contained within the vehicle. A law enforcement 304
	378	+	official who solicits consent to search a motor vehicle shall, whether or 305
	379	+	not the consent is granted, complete a police report within forty-eight 306
	380	+	hours documenting the reasonable and articulable suspicion for the 307
	381	+	solicitation of consent. 308
	382	+	(2) Any search by a law enforcement official of a motor vehicle or the 309
	383	+	contents of the motor vehicle that is stopped by a law enforcement 310 Substitute Bill No. 1093
470	384
471		-	294a.
472		-	(b) No police officer, acting alone or in conspiracy with another, shall
473		-	deprive any person or class of persons of the equal protection of the laws
474		-	of this state, or of the equal privileges and immunities under the laws of
475		-	this state, including, without limitation, the protections, privileges and
476		-	immunities guaranteed under article first of the Constitution of the
477		-	state.
478		-	(c) Any person aggrieved by a violation of subsection (b) of this
479		-	section may bring a civil action for equitable relief or damages in the
480		-	Superior Court. A civil action brought for damages shall be triable by
481		-	jury.
482		-	(d) (1) In any civil action brought under this section, governmental
483		-	immunity shall only be a defense to a claim for damages when, at the
484		-	time of the conduct complained of, the police officer had an objectively
485		-	good faith belief that such officer's conduct did not violate the law.
486		-	There shall be no interlocutory appeal of a trial court's denial of the
487		-	application of the defense of governmental immunity. Governmental
488		-	immunity shall not be a defense in a civil action brought solely for
489		-	equitable relief.
490		-	(2) In any civil action brought under this section, the trier of fact may
491		-	draw an adverse inference from a police officer's deliberate failure, in
492		-	violation of section 29-6d, as amended by this act, to record any event
493		-	that is relevant to such action.
494		-	(e) In an action under this section, each municipality or law
495		-	enforcement unit shall protect and save harmless any such police officer
496		-	from financial loss and expense, including legal fees and costs, if any,
497		-	arising out of any claim, demand or suit instituted against such officer
498		-	by reason of any act undertaken by such officer while acting in the
499		-	discharge of the officer's duties. In the event such officer has a judgment Substitute Senate Bill No. 1093
500	385
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503		-	entered against him or her for a malicious, wanton or wilful act in a
504		-	court of law, such municipality shall be reimbursed by such officer for
505		-	expenses it incurred in providing such defense and shall not be held
506		-	liable to such officer for any financial loss or expense resulting from such
507		-	act.
508		-	(f) In any civil action brought under this section, if the court finds that
509		-	a violation of subsection (b) of this section was deliberate, wilful or
510		-	committed with reckless indifference, the plaintiff may be awarded
511		-	costs and reasonable attorney's fees.
512		-	(g) A civil action brought pursuant to this section shall be commenced
513		-	not later than one year after the date on which the cause of action
514		-	accrues. Any notice of claim provision set forth in the general statutes,
515		-	including, but not limited to, the provisions of subsection (d) of section
516		-	7-101a and subsection (a) of section 7-465 shall not apply to an action
517		-	brought under this section.
518		-	Sec. 10. Subdivision (2) of subsection (e) of section 54-142a of the
519		-	general statutes, as amended by section 3 of public act 21-32, is repealed
520		-	and the following is substituted in lieu thereof (Effective January 1, 2023):
521		-	(2) Convictions for the following offenses shall not be eligible for
522		-	erasure pursuant to this subsection:
523		-	(A) Any conviction designated as a family violence crime, as defined
524		-	in section 46b-38a; [or]
525		-	(B) Any conviction for an offense that is a nonviolent sexual offense
526		-	or a sexually violent offense, each as defined in section 54-250; [.]
527		-	(C) Any conviction for a class D felony offense that is a violation of
528		-	section 53a-60a, 53a-60b, 53a-60c, 53a-64bb, 53a-72a, 53a-90a, 53a-103a,
529		-	53a-181c, 53a-191, 53a-196, 53a-196f, 53a-211, 53a-216, 53a-217a, 53a-322,
530		-	54-251, 54-252, 54-253 or 54-254 or subdivision (1) of subsection (a) of Substitute Senate Bill No. 1093
	390	+	official solely for a motor vehicle violation shall be (A) based on 311
	391	+	probable cause, or (B) after having received [the unsolicited] consent to 312
	392	+	such search from the operator of the motor vehicle in written form or 313
	393	+	recorded by body-worn recording equipment or a dashboard camera, 314
	394	+	each as defined in section 29-6d. 315
	395	+	(b) No law enforcement official may ask an operator of a motor 316
	396	+	vehicle to provide any documentation or identification other than an 317
	397	+	operator's license, motor vehicle registration, insurance identity card or 318
	398	+	other documentation or identification directly related to the stop, when 319
	399	+	the motor vehicle has been stopped solely for a motor vehicle violation, 320
	400	+	unless there exists probable cause or reasonable and articulable 321
	401	+	suspicion to believe that a felony or misdemeanor offense has been 322
	402	+	committed or the operator has failed to produce a valid operator's 323
	403	+	license. 324
	404	+	Sec. 8. Section 54-33a of the general statutes is repealed and the 325
	405	+	following is substituted in lieu thereof (Effective October 1, 2021): 326
	406	+	(a) As used in sections 54-33a to 54-33g, inclusive, "property" 327
	407	+	includes, but is not limited to, documents, books, papers, films, 328
	408	+	recordings, records, data and any other tangible thing; and "tracking 329
	409	+	device" means an electronic or mechanical device that permits the 330
	410	+	tracking of the movement of a person or object. 331
	411	+	(b) Upon complaint on oath by any state's attorney or assistant state's 332
	412	+	attorney or by any two credible persons, to any judge of the Superior 333
	413	+	Court or judge trial referee, that such state's attorney or assistant state's 334
	414	+	attorney or such persons have probable cause to believe that any 335
	415	+	property (1) possessed, controlled, designed or intended for use or 336
	416	+	which is or has been used or which may be used as the means of 337
	417	+	committing any criminal offense; or (2) which was stolen or embezzled; 338
	418	+	or (3) which constitutes evidence of an offense, or which constitutes 339
	419	+	evidence that a particular person participated in the commission of an 340
	420	+	offense, is within or upon any place, thing or person, such judge or judge 341
	421	+	trial referee, except as provided in section 54-33j, may issue a warrant 342 Substitute Bill No. 1093
531	422
532		-	Public Act No. 21-33 17 of 21
533	423
534		-	section 53a-189a;
535		-	(D) Any conviction for a class A misdemeanor offense that is a
536		-	violation of section 53a-61a, 53a-64cc or 53a-323; or
537		-	(E) Any conviction for an offense for which the defendant has not
538		-	served or completed serving the sentence imposed for such offense,
539		-	including any period of incarceration, special parole, parole or
540		-	probation, unless and until the applicable time period prescribed in
541		-	subdivision (1) of this subsection has elapsed and the defendant has
542		-	completed serving such sentence.
543		-	Sec. 11. Subsection (c) of section 7-294d of the general statutes is
544		-	repealed and the following is substituted in lieu thereof (Effective October
545		-	1, 2021):
546		-	(c) (1) The council may refuse to renew any certificate if the holder
547		-	fails to meet the requirements for renewal of his or her certification.
548		-	(2) The council may cancel or revoke any certificate if: (A) The
549		-	certificate was issued by administrative error, (B) the certificate was
550		-	obtained through misrepresentation or fraud, (C) the holder falsified
551		-	any document in order to obtain or renew any certificate, (D) the holder
552		-	has been convicted of a felony, (E) the holder has been found not guilty
553		-	of a felony by reason of mental disease or defect pursuant to section 53a-
554		-	13, (F) the holder has been convicted of a violation of section 21a-279,
555		-	(G) the holder has been refused issuance of a certificate or similar
556		-	authorization or has had his or her certificate or other authorization
557		-	cancelled or revoked by another jurisdiction on grounds which would
558		-	authorize cancellation or revocation under the provisions of this
559		-	subdivision, (H) the holder has been found by a law enforcement unit,
560		-	pursuant to procedures established by such unit, to have used a firearm
561		-	in an improper manner which resulted in the death or serious physical
562		-	injury of another person, (I) the holder has been found by a law Substitute Senate Bill No. 1093
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	428	+	commanding a proper officer to enter into or upon such place or thing, 343
	429	+	search such place, thing or person and take into such officer's custody 344
	430	+	all such property named in the warrant. 345
	431	+	(c) Upon complaint on oath by any state's attorney or assistant state's 346
	432	+	attorney or by any two credible persons, to any judge of the Superior 347
	433	+	Court or judge trial referee, that such state's attorney or assistant state's 348
	434	+	attorney or such persons have probable cause to believe that a criminal 349
	435	+	offense has been, is being, or will be committed and that the use of a 350
	436	+	tracking device will yield evidence of the commission of that offense, 351
	437	+	such judge or judge trial referee may issue a warrant authorizing the 352
	438	+	installation and use of a tracking device. The complaint shall identify 353
	439	+	the person on which or the property to, in or on which the tracking 354
	440	+	device is to be installed, and, if known, the owner of such property. 355
	441	+	(d) A warrant may issue only on affidavit sworn to by the 356
	442	+	complainant or complainants before the judge or judge trial referee and 357
	443	+	establishing the grounds for issuing the warrant, which affidavit shall 358
	444	+	be part of the arrest file. If the judge or judge trial referee is satisfied that 359
	445	+	grounds for the application exist or that there is probable cause to 360
	446	+	believe that grounds for the application exist, the judge or judge trial 361
	447	+	referee shall issue a warrant identifying the property and naming or 362
	448	+	describing the person, place or thing to be searched or authorizing the 363
	449	+	installation and use of a tracking device and identifying the person on 364
	450	+	which or the property to, in or on which the tracking device is to be 365
	451	+	installed. The warrant shall be directed to any police officer of a 366
	452	+	regularly organized police department or any state police officer, to an 367
	453	+	inspector in the Division of Criminal Justice, to a conservation officer, 368
	454	+	special conservation officer or patrolman acting pursuant to section 26-369
	455	+	6 or to a sworn motor vehicle inspector acting under the authority of 370
	456	+	section 14-8. Except for a warrant for the installation and use of a 371
	457	+	tracking device, the warrant shall state the date and time of its issuance 372
	458	+	and the grounds or probable cause for its issuance and shall command 373
	459	+	the officer to search within a reasonable time the person, place or thing 374
	460	+	named, for the property specified. A warrant for the installation and use 375 Substitute Bill No. 1093
565	461
566		-	enforcement unit, pursuant to procedures established by such unit and
567		-	considering guidance developed under subsection (g) of this section, to
568		-	have engaged in conduct that undermines public confidence in law
569		-	enforcement, including, but not limited to, discriminatory conduct,
570		-	falsification of reports, issuances of orders that are not lawful orders or
571		-	a violation of the Alvin W. Penn Racial Profiling Prohibition Act
572		-	pursuant to sections 54-1l and 54-1m, provided, when evaluating any
573		-	such conduct, the council considers such conduct engaged in while the
574		-	holder is acting in such holder's law enforcement capacity or
575		-	representing himself or herself to be a police officer to be more serious
576		-	than such conduct engaged in by a holder not acting in such holder's
577		-	law enforcement capacity or representing himself or herself to be a
578		-	police officer; (J) the holder has been found by a law enforcement unit,
579		-	pursuant to procedures established by such unit, to have used physical
580		-	force on another person in a manner that is excessive or used physical
581		-	force in a manner found to not be justifiable after an investigation
582		-	conducted pursuant to section 51-277a, or (K) the holder has been found
583		-	by a law enforcement unit, pursuant to procedures established by such
584		-	unit, to have committed any act that would constitute tampering with
585		-	or fabricating physical evidence in violation of section 53a-155, perjury
586		-	in violation of section 53a-156 or false statement in violation of section
587		-	53a-157b. Whenever the council believes there is a reasonable basis for
588		-	suspension, cancellation or revocation of the certification of a police
589		-	officer, police training school or law enforcement instructor, it shall give
590		-	notice and an adequate opportunity for a hearing prior to such
591		-	suspension, cancellation or revocation. Such hearing shall be conducted
592		-	in accordance with the provisions of chapter 54. Any holder aggrieved
593		-	by the decision of the council may appeal from such decision in
594		-	accordance with the provisions of section 4-183. The council may cancel
595		-	or revoke any certificate if, after a de novo review, it finds by clear and
596		-	convincing evidence (i) a basis set forth in subparagraphs (A) to (G),
597		-	inclusive, of this subdivision, or (ii) that the holder of the certificate
598		-	committed an act set forth in subparagraph (H), (I), (J) or (K) of this Substitute Senate Bill No. 1093
599	462
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602		-	subdivision. In any such case where the council finds such evidence, but
603		-	determines that the severity of an act committed by the holder of the
604		-	certificate does not warrant cancellation or revocation of such holder's
605		-	certificate, the council may suspend such holder's certification for a
606		-	period of up to forty-five days and may censure such holder of the
607		-	certificate. Any police officer or law enforcement instructor whose
608		-	certification is cancelled or revoked pursuant to this section may
609		-	reapply for certification no sooner than two years after the date on
610		-	which the cancellation or revocation order becomes final. Any police
611		-	training school whose certification is cancelled or revoked pursuant to
612		-	this section may reapply for certification at any time after the date on
613		-	which such order becomes final. For purposes of this subdivision, a
614		-	lawful order is an order issued by a police officer who is in uniform or
615		-	has identified himself or herself as a police officer to the person such
616		-	order is issued to at the time such order is issued, and which order is
617		-	reasonably related to the fulfillment of the duties of the police officer
618		-	who is issuing such order, does not violate any provision of state or
619		-	federal law and is only issued for the purposes of (I) preventing,
620		-	detecting, investigating or stopping a crime, (II) protecting a person or
621		-	property from harm, (III) apprehending a person suspected of a crime,
622		-	(IV) enforcing a law, (V) regulating traffic, or (VI) assisting in emergency
623		-	relief, including the administration of first aid.
624		-	Sec. 12. (NEW) (Effective October 1, 2021) (a) For purposes of this
625		-	section, "criminal act" means criminal act, as defined in section 53a-224
626		-	of the general statutes.
627		-	(b) A person is guilty of enticing a juvenile to commit a criminal act
628		-	if such person is twenty-three years of age or older and knowingly
629		-	causes, encourages, solicits, recruits, intimidates or coerces a person
630		-	under eighteen years of age to commit or participate in the commission
631		-	of a criminal act.
632		-	(c) Enticing a juvenile to commit a criminal act is a (1) class A Substitute Senate Bill No. 1093
	467	+	of a tracking device shall state the date and time of its issuance and the 376
	468	+	grounds or probable cause for its issuance and shall command the 377
	469	+	officer to complete the installation of the device within a specified 378
	470	+	period not later than ten days after the date of its issuance and authorize 379
	471	+	the installation and use of the tracking device, including the collection 380
	472	+	of data through such tracking device, for a reasonable period of time not 381
	473	+	to exceed thirty days from the date the tracking device is installed. Upon 382
	474	+	request and a showing of good cause, a judge or judge trial referee may 383
	475	+	authorize the use of the tracking device for an additional period of thirty 384
	476	+	days. 385
	477	+	(e) No police officer of a regularly organized police department or 386
	478	+	any state police officer, an inspector in the Division of Criminal Justice, 387
	479	+	a conservation officer, special conservation officer or patrolman acting 388
	480	+	pursuant to section 26-6 or a sworn motor vehicle inspector acting under 389
	481	+	the authority of section 14-8, shall seek, execute or participate in the 390
	482	+	execution of a no-knock warrant. A search warrant authorized under 391
	483	+	this section shall require that an officer provide notice of such officer's 392
	484	+	identity, authority and purpose prior to entering the place to be 393
	485	+	searched for the execution of such search warrant. Prior to undertaking 394
	486	+	any search or seizure pursuant to the search warrant, the executing 395
	487	+	officer shall read and give a copy of the search warrant to the person to 396
	488	+	be searched or the owner of the place to be searched or, if the owner is 397
	489	+	not present, to any occupant of the place to be searched. If the place to 398
	490	+	be searched is unoccupied, the executing officer shall leave a copy of the 399
	491	+	search warrant suitably affixed to the place to be searched. For purposes 400
	492	+	of this subsection, "no-knock warrant" means a warrant authorizing 401
	493	+	police officers to enter certain premises without first knocking and 402
	494	+	announcing their presence or purpose prior to entering the place to be 403
	495	+	searched. 404
	496	+	[(e)] (f) A judge or judge trial referee may issue a warrant pursuant to 405
	497	+	this section for records or data that are in the actual or constructive 406
	498	+	possession of a foreign corporation or business entity that transacts 407
	499	+	business in this state, including, but not limited to, a foreign corporation 408 Substitute Bill No. 1093
633	500
634		-	Public Act No. 21-33 20 of 21
635	501
636		-	misdemeanor for first offense, and (2) class D felony for any subsequent
637		-	offense.
638		-	Sec. 13. (Effective from passage) (a) The Judicial Branch shall conduct a
639		-	study to determine the feasibility of (1) decreasing the period of time
640		-	between the arrest of a child and such child's initial court appearance,
641		-	in order to increase the likelihood that such child will attend such
642		-	appearance and reduce the likelihood of such child's recidivism, and (2)
643		-	establishing a diversionary program for children who are arrested, in
644		-	which participants shall report to a judge, juvenile probation officer or
645		-	clinical social worker licensed pursuant to chapter 383b of the general
646		-	statutes, on a weekly basis from the period of arrest until the
647		-	adjudication of the matter in order to reduce the likelihood of
648		-	recidivism.
649		-	(b) Not later than January 1, 2022, the Judicial Branch shall report the
650		-	findings of the study conducted pursuant to subsection (a) of this
651		-	section, in accordance with the provisions of section 11-4a of the general
652		-	statutes, to the joint standing committees of the General Assembly
653		-	having cognizance of matters relating to the judiciary and children.
654		-	Sec. 14. Subsection (d) of section 54-91c of the general statutes is
655		-	repealed and the following is substituted in lieu thereof (Effective January
656		-	1, 2023):
657		-	(d) Upon the request of a victim, prior to the acceptance by the court
658		-	of a plea of a defendant pursuant to a proposed plea agreement, the
659		-	state's attorney, assistant state's attorney or deputy assistant state's
660		-	attorney in charge of the case shall provide such victim with the terms
661		-	of such proposed plea agreement in writing. If the terms of the proposed
662		-	plea agreement provide for a term of imprisonment which is more than
663		-	two years or a total effective sentence of more than a two-year term of
664		-	imprisonment, the state's attorney, assistant state's attorney or deputy
665		-	assistant state's attorney in charge of the case shall indicate: (1) The Substitute Senate Bill No. 1093
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	506	+	or business entity that provides electronic communication services or 409
	507	+	remote computing services to the public. Such a warrant may be served 410
	508	+	on an authorized representative of the foreign corporation or business 411
	509	+	entity by hand, mail, commercial delivery, facsimile or electronic 412
	510	+	transmission, provided proof of delivery can be established. When 413
	511	+	properly served with a warrant issued pursuant to this section, the 414
	512	+	foreign corporation or business entity shall provide to the applicant all 415
	513	+	records or data sought by the warrant within fourteen business days of 416
	514	+	being served with the warrant, unless the judge or judge trial referee 417
	515	+	determines that a shorter or longer period of time is necessary or 418
	516	+	appropriate. 419
	517	+	[(f)] (g) The inadvertent failure of the issuing judge or judge trial 420
	518	+	referee to state on the warrant the time of its issuance shall not in and of 421
	519	+	itself invalidate the warrant. 422
	520	+	Sec. 9. Section 53a-22 of the general statutes, as amended by section 423
	521	+	29 of public act 20-1 of the July special session and public act 21-4, is 424
	522	+	amended by adding subsection (h) as follows (Effective January 1, 2022): 425
	523	+	(NEW) (h) In determining whether use of force by a peace officer who 426
	524	+	is a police officer, as defined in subsection (a) of section 29-6d, is justified 427
	525	+	pursuant to this section, the trier of fact may draw an unfavorable 428
	526	+	inference from a police officer's deliberate failure in violation of section 429
	527	+	29-6d, as amended by this act, to record such use of physical force. 430
	528	+	Sec. 10. Section 52-571k of the general statutes is repealed and the 431
	529	+	following is substituted in lieu thereof (Effective July 1, 2021): 432
	530	+	(a) As used in this section: 433
	531	+	(1) "Law enforcement unit" has the same meaning as provided in 434
	532	+	section 7-294a; and 435
	533	+	(2) "Police officer" has the same meaning as provided in section 7-436
	534	+	294a. 437 Substitute Bill No. 1093
668	535
669		-	maximum period of imprisonment that may apply to the defendant; (2)
670		-	whether the defendant may be eligible to earn risk reduction credits
671		-	pursuant to section 18-98e; [and] (3) whether the defendant may be
672		-	eligible to apply for release on parole pursuant to section 54-125a; and
673		-	(4) whether the defendant may be eligible for automatic erasure of such
674		-	defendant's criminal conviction pursuant to subsection (e) of section 54-
675		-	142a, as amended by this act.
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	540	+
	541	+	(b) No police officer, acting alone or in conspiracy with another, shall 438
	542	+	deprive any person or class of persons of the equal protection of the laws 439
	543	+	of this state, or of the equal privileges and immunities under the laws of 440
	544	+	this state, including, without limitation, the protections, privileges and 441
	545	+	immunities guaranteed under article first of the Constitution of the 442
	546	+	state. 443
	547	+	(c) Any person aggrieved by a violation of subsection (b) of this 444
	548	+	section may bring a civil action for equitable relief or damages in the 445
	549	+	Superior Court. A civil action brought for damages shall be triable by 446
	550	+	jury. 447
	551	+	(d) (1) In any civil action brought under this section, governmental 448
	552	+	immunity shall only be a defense to a claim for damages when, at the 449
	553	+	time of the conduct complained of, the police officer had an objectively 450
	554	+	good faith belief that such officer's conduct did not violate the law. 451
	555	+	There shall be no interlocutory appeal of a trial court's denial of the 452
	556	+	application of the defense of governmental immunity. Governmental 453
	557	+	immunity shall not be a defense in a civil action brought solely for 454
	558	+	equitable relief. 455
	559	+	(2) In any civil action brought under this section, the trier of fact may 456
	560	+	draw an adverse inference from a police officer's deliberate failure, in 457
	561	+	violation of section 29-6d, as amended by this act, to record any event 458
	562	+	that is relevant to such action. 459
	563	+	(e) In an action under this section, each municipality or law 460
	564	+	enforcement unit shall protect and save harmless any such police officer 461
	565	+	from financial loss and expense, including legal fees and costs, if any, 462
	566	+	arising out of any claim, demand or suit instituted against such officer 463
	567	+	by reason of any act undertaken by such officer while acting in the 464
	568	+	discharge of the officer's duties. In the event such officer has a judgment 465
	569	+	entered against him or her for a malicious, wanton or wilful act in a 466
	570	+	court of law, such municipality shall be reimbursed by such officer for 467
	571	+	expenses it incurred in providing such defense and shall not be held 468
	572	+	liable to such officer for any financial loss or expense resulting from such 469 Substitute Bill No. 1093
	573	+
	574	+
	575	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01093-
	576	+	R01-SB.docx }
	577	+	16 of 16
	578	+
	579	+	act. 470
	580	+	(f) In any civil action brought under this section, if the court finds that 471
	581	+	a violation of subsection (b) of this section was deliberate, wilful or 472
	582	+	committed with reckless indifference, the plaintiff may be awarded 473
	583	+	costs and reasonable attorney's fees. 474
	584	+	(g) A civil action brought pursuant to this section shall be commenced 475
	585	+	not later than one year after the date on which the cause of action 476
	586	+	accrues. Any notice of claim provision set forth in the general statutes, 477
	587	+	including, but not limited to, the provisions of subsection (d) of section 478
	588	+	7-101a and subsection (a) of section 7-465 shall not apply to an action 479
	589	+	brought under this section. 480
	590	+	This act shall take effect as follows and shall amend the following
	591	+	sections:
	592	+
	593	+	Section 1 October 1, 2021 7-294aaa
	594	+	Sec. 2 October 1, 2021 29-6d(f)
	595	+	Sec. 3 July 1, 2022 29-6d(f)
	596	+	Sec. 4 October 1, 2021 29-161h(c)
	597	+	Sec. 5 October 1, 2021 29-161q
	598	+	Sec. 6 October 1, 2021 54-33b
	599	+	Sec. 7 October 1, 2021 54-33o
	600	+	Sec. 8 October 1, 2021 54-33a
	601	+	Sec. 9 January 1, 2022 53a-22
	602	+	Sec. 10 July 1, 2021 52-571k
	603	+
	604	+	Statement of Legislative Commissioners:
	605	+	In Section 3(f)(1), "with a remote recorder, as defined in subsection (c) of
	606	+	section 7-277b," was deleted for accuracy, in Section 8(e), "no-knock
	607	+	search warrant" was changed to "no-knock warrant" for consistency
	608	+	with the defined term and "entering the property" was changed to
	609	+	"entering the place to be searched" for consistency, and in Section 9, in
	610	+	the introductory language "substitute house bill 6462 of the current
	611	+	session" was changed to "public act 21-4" for accuracy.
	612	+
	613	+	JUD Joint Favorable Subst.
676	614