Substitute Senate Bill No. 1093
Public Act No. 21-33
AN ACT CONCERNING CIVILIAN POLICE REVIEW BOARDS,
SECURITY GUARDS, BODY -WORN RECORDING EQUIPMENT,
SEARCHES BY POLICE, LIMITATIONS ON OFFENSES SUBJECT
TO AUTOMATIC ERASURE, ENTICING A JUVENILE TO COMMIT A
CRIME, LAWFUL ORDERS BY POLICE OFFICERS AND NOTICE TO
A VICTIM CONCERNING AUTOMATIC ERASURE OF CRIMINAL
RECORD HISTORY.
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 Section 7-294aaa of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) The legislative body of a town may, by ordinance, establish a
civilian police review board. The ordinance shall, at a minimum,
prescribe: (1) The scope of authority of the civilian police review board;
(2) the number of members of the civilian police review board; (3) the
process for the selection of board members, whether elected or
appointed; (4) the term of office for board members; and (5) the
procedure for filling any vacancy in the membership of the civilian
police review board.
(b) Any civilian police review board established pursuant to
subsection (a) of this section may be vested with the authority to: (1)
Issue subpoenas to compel the attendance of witnesses before such Substitute Senate Bill No. 1093
Public Act No. 21-33 2 of 21
board; and (2) require the production for examination of any books and
papers that such board deems relevant to any matter under
investigation or in question.
(c) (1) The person to whom such subpoena is issued may, not later
than fifteen days after service of such subpoena, or on or before the time
specified in the subpoena for compliance if such time is less than fifteen
days after service, serve upon the board written objection to the
subpoena and file such objection in the Superior Court which shall
adjudicate such objection in accordance with the rules of the court.
(2) If the person to whom such subpoena is issued fails to appear or
if having appeared refuses to testify or produce the evidence required
by such subpoena, the Superior Court, upon application of such board,
shall have jurisdiction to order such person to appear or to give
testimony or produce such evidence, as the case may be.
[(c)] (d) The provisions of this section shall not be construed to affect
the operation of, or impose any limitation upon, a civilian police review
board established prior to July 31, 2020.
[(d)] (e) Upon receipt of a written request from the Office of the
Inspector General, established pursuant to section 51-277e, a civilian
police review board shall stay and take no further action in connection
with any proceeding that is the subject of an investigation or criminal
prosecution that is being conducted pursuant to said section or section
51-277a. Any stay of proceedings imposed pursuant to this subsection
shall not exceed six months from the date on which the civilian police
review board receives such written request from the Office of the
Inspector General, and such stay of proceedings may be terminated
sooner if the Office of the Inspector General provides written
notification to the civilian police review board that a stay of proceedings
is no longer required. Substitute Senate Bill No. 1093
Public Act No. 21-33 3 of 21
Sec. 2. Subsection (f) of section 29-6d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(f) (1) If a police officer is giving a formal statement about the use of
force or if a police officer is the subject of a disciplinary investigation in
which a recording from body-worn recording equipment or a
dashboard camera with a remote recorder, as defined in subsection (c)
of section 7-277b, is being considered as part of a review of an incident,
the officer shall [(1)] have the right to review (A) such recording in the
presence of the officer's attorney or labor representative, and [(2) have
the right to review] (B) recordings from other body-worn recording
equipment capturing the officer's image or voice during the incident.
Not later than forty-eight hours following an officer's review of a
recording under subparagraph (A) of this subdivision, [(1) of this
subsection,] or if the officer does not review the recording, not later than
ninety-six hours following the [recorded incident] initiation of such
disciplinary investigation, whichever is earlier, such recording shall be
disclosed, upon request, to the public, subject to the provisions of
subsection (g) of this section.
(2) If a request is made for public disclosure of a recording from body-
worn recording equipment or a dashboard camera of an incident about
which (A) a police officer has not been asked to give a formal statement
about the alleged use of force, or (B) a disciplinary investigation has not
been initiated, any police officer whose image or voice is captured on
the recording shall have the right to review such recording in the
presence of the officer's attorney or labor representative. Not later than
forty-eight hours following an officer's review of a recording under this
subdivision, or if the officer does not review the recording, not later than
ninety-six hours following the request for disclosure, whichever is
earlier, such recording shall be disclosed to the public, subject to the
provisions of subsection (g) of this section. Substitute Senate Bill No. 1093
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Sec. 3. Subsection (f) of section 29-6d of the general statutes, as
amended by section 19 of public act 20-1 of the July special session, is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(f) (1) If a police officer is giving a formal statement about the use of
force or if a police officer is the subject of a disciplinary investigation in
which a recording from body-worn recording equipment or a
dashboard camera is being considered as part of a review of an incident,
the officer shall [(1)] have the right to review (A) such recording in the
presence of the officer's attorney or labor representative, and [(2) have
the right to review] (B) recordings from other body-worn recording
equipment capturing the officer's image or voice during the incident.
Not later than forty-eight hours following an officer's review of a
recording under subparagraph (A) of this subdivision, [(1) of this
subsection,] or if the officer does not review the recording, not later than
ninety-six hours following the [recorded incident] initiation of such
disciplinary investigation, whichever is earlier, such recording shall be
disclosed, upon request, to the public, subject to the provisions of
subsection (g) of this section.
(2) If a request is made for public disclosure of a recording from body-
worn recording equipment or a dashboard camera of an incident about
which (A) a police officer has not been asked to give a formal statement
about the alleged use of force, or (B) a disciplinary investigation has not
been initiated, any police officer whose image or voice is captured on
the recording shall have the right to review such recording in the
presence of the officer's attorney or labor representative. Not later than
forty-eight hours following an officer's review of a recording under this
subdivision, or if the officer does not review the recording, not later than
ninety-six hours following the request for disclosure, whichever is
earlier, such recording shall be disclosed to the public, subject to the
provisions of subsection (g) of this section. Substitute Senate Bill No. 1093
Public Act No. 21-33 5 of 21
Sec. 4. Subsection (c) of section 29-161h of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(c) No license shall be issued to any person who has been (1)
convicted of any felony, (2) convicted of any misdemeanor under
section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175,
53a-176, 53a-178 or 53a-181d, or equivalent conviction in another
jurisdiction, within the past seven years, (3) convicted of any offense
involving moral turpitude, (4) discharged from military service under
conditions that demonstrate questionable moral character, or (5)
decertified as a police officer or otherwise had his or her certification
canceled, revoked or refused renewal pursuant to subsection (c) of
section 7-294d, as amended by this act, or under the laws of any other
jurisdiction.
Sec. 5. Section 29-161q of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) Any security service or business may employ as many security
officers as such security service or business deems necessary for the
conduct of the business, provided such security officers are of good
moral character and at least eighteen years of age.
(b) No person hired or otherwise engaged to perform work as a
security officer, as defined in section 29-152u, shall perform the duties
of a security officer prior to being licensed as a security officer by the
Commissioner of Emergency Services and Public Protection, except as
provided in subsection (h) of this section. Each applicant for a license
shall complete a minimum of eight hours training in the following areas:
Basic first aid, search and seizure laws and regulations, use of force,
basic criminal justice and public safety issues. The commissioner shall
waive such training for any person who, while serving in the armed
forces or the National Guard, or if such person is a veteran, within two Substitute Senate Bill No. 1093
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years of such person's discharge from the armed forces, presents proof
that such person has completed military training that is equivalent to
the training required by this subsection, and, if applicable, such person's
military discharge document or a certified copy thereof. For the
purposes of this subsection, "veteran" means any person who was
discharged or released under conditions other than dishonorable from
active service in the armed forces, "armed forces" has the same meaning
as provided in section 27-103, and "military discharge document" has
the same meaning as provided in section 1-219. The training shall be
approved by the commissioner in accordance with regulations adopted
pursuant to section 29-161x. The commissioner may not grant a license
to any person who has been decertified as a police officer or otherwise
had his or her certification canceled, revoked or refused renewal
pursuant to subsection (c) of section 7-294d, as amended by this act, or
under the laws of any other jurisdiction.
(1) On and after October 1, 2008, no person or employee of an
association, corporation or partnership shall conduct such training
without the approval of the commissioner except as provided in
subdivision (2) of this subsection. Application for such approval shall
be submitted on forms prescribed by the commissioner and
accompanied by a fee of forty dollars. Such application shall be made
under oath and shall contain the applicant's name, address, date and
place of birth, employment for the previous five years, education or
training in the subjects required to be taught under this subsection, any
convictions for violations of the law and such other information as the
commissioner may require by regulation adopted pursuant to section
29-161x to properly investigate the character, competency and integrity
of the applicant. No person shall be approved as an instructor for such
training who has been convicted of a felony, a sexual offense or a crime
of moral turpitude or who has been denied approval as a security
service licensee, a security officer or instructor in the security industry
by any licensing authority, or whose approval has been revoked or Substitute Senate Bill No. 1093
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suspended. The term for such approval shall not exceed two years. Not
later than two business days after a change of address, any person
approved as an instructor in accordance with this section shall notify the
commissioner of such change and such notification shall include both
the old and new addresses.
(2) If a security officer training course described in this subsection is
approved by the commissioner on or before September 30, 2008, the
instructor of such course shall have until April 1, 2009, to apply for
approval as an instructor in accordance with subdivision (1) of this
subsection.
(3) Each person approved as an instructor in accordance with this
section may apply for the renewal of such approval on a form approved
by the commissioner, accompanied by a fee of forty dollars. Such form
may require the disclosure of any information necessary for the
commissioner to determine whether the instructor's suitability to serve
as an instructor has changed since the issuance of the prior approval.
The term of such renewed approval shall not exceed two years.
(c) Not later than two years after successful completion of the training
required pursuant to subsection (b) of this section, or the waiver of such
training, the applicant may submit an application for a license as a
security officer on forms furnished by the commissioner and, under
oath, shall give the applicant's name, address, date and place of birth,
employment for the previous five years, experience in the position
applied for, including military training and weapons qualifications, any
convictions for violations of the law and such other information as the
commissioner may require, by regulation, to properly investigate the
character, competency and integrity of the applicant. The commissioner
shall require any applicant for a license under this section to submit to
state and national criminal history records checks conducted in
accordance with section 29-17a. Each applicant shall submit with the
application two sets of his or her fingerprints on forms specified and Substitute Senate Bill No. 1093
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furnished by the commissioner, two full-face photographs, two inches
wide by two inches high, taken not earlier than six months prior to the
date of application, and a one-hundred-dollar licensing fee, made
payable to the state. Any applicant who received a waiver as provided
in subsection (b) of this section shall be exempt from payment of such
licensing fee. Subject to the provisions of section 46a-80, no person shall
be approved for a license who has been convicted of a felony, any sexual
offense or any crime involving moral turpitude, or who has been
refused a license under the provisions of sections 29-161g to 29-161x,
inclusive, for any reason except minimum experience, or whose license,
having been granted, has been revoked or is under suspension. Upon
being satisfied of the suitability of the applicant for licensure, the
commissioner may license the applicant as a security officer. Such
license shall be renewed every five years for a one-hundred-dollar fee.
The commissioner shall send a notice of the expiration date of such
license to the holder of such license, by first class mail, not less than
ninety days before such expiration, and shall enclose with such notice
an application for renewal. The security officer license shall be valid for
a period of ninety days after its expiration date unless the license has
been revoked or is under suspension pursuant to section 29-161v. An
application for renewal filed with the commissioner after the expiration
date shall be accompanied by a late fee of twenty-five dollars. The
commissioner shall not renew any license that has been expired for more
than ninety days.
(d) Upon the security officer's successful completion of training and
licensing by the commissioner, or immediately upon hiring a licensed
security officer, the security service employing such security officer
shall apply to register such security officer with the commissioner on
forms provided by the commissioner. Such application shall be
accompanied by payment of a forty-dollar application fee payable to the
state. The Division of State Police within the Department of Emergency
Services and Public Protection shall keep on file the completed Substitute Senate Bill No. 1093
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registration form and all related material. An identification card with
the name, date of birth, address, full-face photograph, physical
descriptors and signature of the applicant shall be issued to the security
officer, and shall be carried by the security officer at all times while
performing the duties associated with the security officer's employment.
Registered security officers, in the course of performing their duties,
shall present such card for inspection upon the request of a law
enforcement officer.
(e) The security service shall notify the commissioner not later than
five days after the termination of employment of any registered
employee.
(f) Any fee or portion of a fee paid pursuant to this section shall not
be refundable.
(g) No person, firm or corporation shall employ or otherwise engage
any person as a security officer, as defined in section 29-152u, unless
such person (1) is a licensed security officer, or (2) meets the
requirements of subsection (h) of this section.
(h) During the time that an application for a license as a security
officer is pending with the commissioner, the applicant may perform the
duties of security officer, provided (1) the security service employing
the applicant conducts, or has a consumer reporting agency regulated
under the federal Fair Credit Reporting Act conduct, a state and national
criminal history records check and determines the applicant meets the
requirements of subsection (c) of this section to be a security officer, (2)
the applicant (A) successfully completed the training required pursuant
to subsection (b) of this section, or obtained a waiver of such training,
and (B) performs the duties of a security officer under the direct on-site
supervision of a licensed security officer with at least one year of
experience as a licensed security officer, and (3) the applicant has not
been decertified as a police officer or otherwise had his or her Substitute Senate Bill No. 1093
Public Act No. 21-33 10 of 21
certification canceled, revoked or refused renewal pursuant to
subsection (c) of section 7-294d, as amended by this act, or under the
laws of any other jurisdiction. The applicant shall not perform such
duties at a public or private preschool, elementary or secondary school
or at a facility licensed and used exclusively as a child care center, as
described in subdivision (1) of subsection (a) of section 19a-77. The
applicant shall cease to perform such duties pursuant to this subsection
when the commissioner grants or denies the pending application for a
security license under this section.
(i) Any person, firm or corporation that violates any provision of
subsection (b), (d), (e), (g) or (h) of this section shall be fined seventy-
five dollars for each offense. Each distinct violation of this section shall
be a separate offense and, in the case of a continuing violation, each day
thereof shall be deemed a separate offense.
Sec. 6. Section 54-33b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) [The consent of a person given to a law enforcement official to
conduct a search of such person shall not, absent the existence of
probable cause, constitute justification for such law enforcement official
to conduct such search] A law enforcement official may ask a person if
he or she may conduct a search of their person, provided such law
enforcement official has reasonable and articulable suspicion that
weapons, contraband or other evidence of a crime is contained upon the
person, or that the search is reasonably necessary to further an ongoing
law enforcement investigation. A law enforcement official who solicits
consent to search a person shall, whether or not the consent is granted,
complete a police report documenting the reasonable and articulable
suspicion for the solicitation of consent, or the facts and circumstances
that support the search being reasonably necessary to further an
ongoing law enforcement investigation. Substitute Senate Bill No. 1093
Public Act No. 21-33 11 of 21
(b) A law enforcement official serving a search warrant may, if such
official has reason to believe that any of the property described in the
warrant is concealed in the garments of any person in or upon the place
or thing to be searched, search the person for the purpose of seizing the
same. When the person to be searched is a woman, the search shall be
made by a female law enforcement official or other woman assisting in
the service of the warrant, or by a woman designated by the judge or
judge trial referee issuing the warrant.
Sec. 7. Section 54-33a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) As used in sections 54-33a to 54-33g, inclusive, "property"
includes, but is not limited to, documents, books, papers, films,
recordings, records, data and any other tangible thing; and "tracking
device" means an electronic or mechanical device that permits the
tracking of the movement of a person or object.
(b) Upon complaint on oath by any state's attorney or assistant state's
attorney or by any two credible persons, to any judge of the Superior
Court or judge trial referee, that such state's attorney or assistant state's
attorney or such persons have probable cause to believe that any
property (1) possessed, controlled, designed or intended for use or
which is or has been used or which may be used as the means of
committing any criminal offense; or (2) which was stolen or embezzled;
or (3) which constitutes evidence of an offense, or which constitutes
evidence that a particular person participated in the commission of an
offense, is within or upon any place, thing or person, such judge or judge
trial referee, except as provided in section 54-33j, may issue a warrant
commanding a proper officer to enter into or upon such place or thing,
search such place, thing or person and take into such officer's custody
all such property named in the warrant.
(c) Upon complaint on oath by any state's attorney or assistant state's Substitute Senate Bill No. 1093
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attorney or by any two credible persons, to any judge of the Superior
Court or judge trial referee, that such state's attorney or assistant state's
attorney or such persons have probable cause to believe that a criminal
offense has been, is being, or will be committed and that the use of a
tracking device will yield evidence of the commission of that offense,
such judge or judge trial referee may issue a warrant authorizing the
installation and use of a tracking device. The complaint shall identify
the person on which or the property to, in or on which the tracking
device is to be installed, and, if known, the owner of such property.
(d) A warrant may issue only on affidavit sworn to by the
complainant or complainants before the judge or judge trial referee and
establishing the grounds for issuing the warrant, which affidavit shall
be part of the arrest file. If the judge or judge trial referee is satisfied that
grounds for the application exist or that there is probable cause to
believe that grounds for the application exist, the judge or judge trial
referee shall issue a warrant identifying the property and naming or
describing the person, place or thing to be searched or authorizing the
installation and use of a tracking device and identifying the person on
which or the property to, in or on which the tracking device is to be
installed. The warrant shall be directed to any police officer of a
regularly organized police department or any state police officer, to an
inspector in the Division of Criminal Justice, to a conservation officer,
special conservation officer or patrolman acting pursuant to section 26-
6 or to a sworn motor vehicle inspector acting under the authority of
section 14-8. Except for a warrant for the installation and use of a
tracking device, the warrant shall state the date and time of its issuance
and the grounds or probable cause for its issuance and shall command
the officer to search within a reasonable time the person, place or thing
named, for the property specified. A warrant for the installation and use
of a tracking device shall state the date and time of its issuance and the
grounds or probable cause for its issuance and shall command the
officer to complete the installation of the device within a specified Substitute Senate Bill No. 1093
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period not later than ten days after the date of its issuance and authorize
the installation and use of the tracking device, including the collection
of data through such tracking device, for a reasonable period of time not
to exceed thirty days from the date the tracking device is installed. Upon
request and a showing of good cause, a judge or judge trial referee may
authorize the use of the tracking device for an additional period of thirty
days.
(e) No police officer of a regularly organized police department or
any state police officer, an inspector in the Division of Criminal Justice,
a conservation officer, special conservation officer or patrolman acting
pursuant to section 26-6 or a sworn motor vehicle inspector acting under
the authority of section 14-8, shall seek, execute or participate in the
execution of a no-knock warrant. A search warrant authorized under
this section shall require that an officer provide notice of such officer's
identity, authority and purpose prior to entering the place to be
searched for the execution of such search warrant. Prior to undertaking
any search or seizure pursuant to the search warrant, the executing
officer shall read and give a copy of the search warrant to the person to
be searched or the owner of the place to be searched or, if the owner is
not present, to any occupant of the place to be searched. If the place to
be searched is unoccupied, the executing officer shall leave a copy of the
search warrant suitably affixed to the place to be searched. For purposes
of this subsection, "no-knock warrant" means a warrant authorizing
police officers to enter certain premises without first knocking and
announcing their presence or purpose prior to entering the place to be
searched.
[(e)] (f) A judge or judge trial referee may issue a warrant pursuant to
this section for records or data that are in the actual or constructive
possession of a foreign corporation or business entity that transacts
business in this state, including, but not limited to, a foreign corporation
or business entity that provides electronic communication services or Substitute Senate Bill No. 1093
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remote computing services to the public. Such a warrant may be served
on an authorized representative of the foreign corporation or business
entity by hand, mail, commercial delivery, facsimile or electronic
transmission, provided proof of delivery can be established. When
properly served with a warrant issued pursuant to this section, the
foreign corporation or business entity shall provide to the applicant all
records or data sought by the warrant within fourteen business days of
being served with the warrant, unless the judge or judge trial referee
determines that a shorter or longer period of time is necessary or
appropriate.
[(f)] (g) The inadvertent failure of the issuing judge or judge trial
referee to state on the warrant the time of its issuance shall not in and of
itself invalidate the warrant.
Sec. 8. Section 53a-22 of the general statutes, as amended by section
29 of public act 20-1 of the July special session and section 2 of public act
21-4, is amended by adding subsection (h) as follows (Effective January 1,
2022):
(NEW) (h) In determining whether use of force by a peace officer who
is a police officer, as defined in subsection (a) of section 29-6d, is justified
pursuant to this section, the trier of fact may draw an unfavorable
inference from a police officer's deliberate failure in violation of section
29-6d, as amended by this act, to record such use of physical force.
Sec. 9. Section 52-571k of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) As used in this section:
(1) "Law enforcement unit" has the same meaning as provided in
section 7-294a; and
(2) "Police officer" has the same meaning as provided in section 7- Substitute Senate Bill No. 1093
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294a.
(b) No police officer, acting alone or in conspiracy with another, shall
deprive any person or class of persons of the equal protection of the laws
of this state, or of the equal privileges and immunities under the laws of
this state, including, without limitation, the protections, privileges and
immunities guaranteed under article first of the Constitution of the
state.
(c) Any person aggrieved by a violation of subsection (b) of this
section may bring a civil action for equitable relief or damages in the
Superior Court. A civil action brought for damages shall be triable by
jury.
(d) (1) In any civil action brought under this section, governmental
immunity shall only be a defense to a claim for damages when, at the
time of the conduct complained of, the police officer had an objectively
good faith belief that such officer's conduct did not violate the law.
There shall be no interlocutory appeal of a trial court's denial of the
application of the defense of governmental immunity. Governmental
immunity shall not be a defense in a civil action brought solely for
equitable relief.
(2) In any civil action brought under this section, the trier of fact may
draw an adverse inference from a police officer's deliberate failure, in
violation of section 29-6d, as amended by this act, to record any event
that is relevant to such action.
(e) In an action under this section, each municipality or law
enforcement unit shall protect and save harmless any such police officer
from financial loss and expense, including legal fees and costs, if any,
arising out of any claim, demand or suit instituted against such officer
by reason of any act undertaken by such officer while acting in the
discharge of the officer's duties. In the event such officer has a judgment Substitute Senate Bill No. 1093
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entered against him or her for a malicious, wanton or wilful act in a
court of law, such municipality shall be reimbursed by such officer for
expenses it incurred in providing such defense and shall not be held
liable to such officer for any financial loss or expense resulting from such
act.
(f) In any civil action brought under this section, if the court finds that
a violation of subsection (b) of this section was deliberate, wilful or
committed with reckless indifference, the plaintiff may be awarded
costs and reasonable attorney's fees.
(g) A civil action brought pursuant to this section shall be commenced
not later than one year after the date on which the cause of action
accrues. Any notice of claim provision set forth in the general statutes,
including, but not limited to, the provisions of subsection (d) of section
7-101a and subsection (a) of section 7-465 shall not apply to an action
brought under this section.
Sec. 10. Subdivision (2) of subsection (e) of section 54-142a of the
general statutes, as amended by section 3 of public act 21-32, is repealed
and the following is substituted in lieu thereof (Effective January 1, 2023):
(2) Convictions for the following offenses shall not be eligible for
erasure pursuant to this subsection:
(A) Any conviction designated as a family violence crime, as defined
in section 46b-38a; [or]
(B) Any conviction for an offense that is a nonviolent sexual offense
or a sexually violent offense, each as defined in section 54-250; [.]
(C) Any conviction for a class D felony offense that is a violation of
section 53a-60a, 53a-60b, 53a-60c, 53a-64bb, 53a-72a, 53a-90a, 53a-103a,
53a-181c, 53a-191, 53a-196, 53a-196f, 53a-211, 53a-216, 53a-217a, 53a-322,
54-251, 54-252, 54-253 or 54-254 or subdivision (1) of subsection (a) of Substitute Senate Bill No. 1093
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section 53a-189a;
(D) Any conviction for a class A misdemeanor offense that is a
violation of section 53a-61a, 53a-64cc or 53a-323; or
(E) Any conviction for an offense for which the defendant has not
served or completed serving the sentence imposed for such offense,
including any period of incarceration, special parole, parole or
probation, unless and until the applicable time period prescribed in
subdivision (1) of this subsection has elapsed and the defendant has
completed serving such sentence.
Sec. 11. Subsection (c) of section 7-294d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(c) (1) The council may refuse to renew any certificate if the holder
fails to meet the requirements for renewal of his or her certification.
(2) The council may cancel or revoke any certificate if: (A) The
certificate was issued by administrative error, (B) the certificate was
obtained through misrepresentation or fraud, (C) the holder falsified
any document in order to obtain or renew any certificate, (D) the holder
has been convicted of a felony, (E) the holder has been found not guilty
of a felony by reason of mental disease or defect pursuant to section 53a-
13, (F) the holder has been convicted of a violation of section 21a-279,
(G) the holder has been refused issuance of a certificate or similar
authorization or has had his or her certificate or other authorization
cancelled or revoked by another jurisdiction on grounds which would
authorize cancellation or revocation under the provisions of this
subdivision, (H) the holder has been found by a law enforcement unit,
pursuant to procedures established by such unit, to have used a firearm
in an improper manner which resulted in the death or serious physical
injury of another person, (I) the holder has been found by a law Substitute Senate Bill No. 1093
Public Act No. 21-33 18 of 21
enforcement unit, pursuant to procedures established by such unit and
considering guidance developed under subsection (g) of this section, to
have engaged in conduct that undermines public confidence in law
enforcement, including, but not limited to, discriminatory conduct,
falsification of reports, issuances of orders that are not lawful orders or
a violation of the Alvin W. Penn Racial Profiling Prohibition Act
pursuant to sections 54-1l and 54-1m, provided, when evaluating any
such conduct, the council considers such conduct engaged in while the
holder is acting in such holder's law enforcement capacity or
representing himself or herself to be a police officer to be more serious
than such conduct engaged in by a holder not acting in such holder's
law enforcement capacity or representing himself or herself to be a
police officer; (J) the holder has been found by a law enforcement unit,
pursuant to procedures established by such unit, to have used physical
force on another person in a manner that is excessive or used physical
force in a manner found to not be justifiable after an investigation
conducted pursuant to section 51-277a, or (K) the holder has been found
by a law enforcement unit, pursuant to procedures established by such
unit, to have committed any act that would constitute tampering with
or fabricating physical evidence in violation of section 53a-155, perjury
in violation of section 53a-156 or false statement in violation of section
53a-157b. Whenever the council believes there is a reasonable basis for
suspension, cancellation or revocation of the certification of a police
officer, police training school or law enforcement instructor, it shall give
notice and an adequate opportunity for a hearing prior to such
suspension, cancellation or revocation. Such hearing shall be conducted
in accordance with the provisions of chapter 54. Any holder aggrieved
by the decision of the council may appeal from such decision in
accordance with the provisions of section 4-183. The council may cancel
or revoke any certificate if, after a de novo review, it finds by clear and
convincing evidence (i) a basis set forth in subparagraphs (A) to (G),
inclusive, of this subdivision, or (ii) that the holder of the certificate
committed an act set forth in subparagraph (H), (I), (J) or (K) of this Substitute Senate Bill No. 1093
Public Act No. 21-33 19 of 21
subdivision. In any such case where the council finds such evidence, but
determines that the severity of an act committed by the holder of the
certificate does not warrant cancellation or revocation of such holder's
certificate, the council may suspend such holder's certification for a
period of up to forty-five days and may censure such holder of the
certificate. Any police officer or law enforcement instructor whose
certification is cancelled or revoked pursuant to this section may
reapply for certification no sooner than two years after the date on
which the cancellation or revocation order becomes final. Any police
training school whose certification is cancelled or revoked pursuant to
this section may reapply for certification at any time after the date on
which such order becomes final. For purposes of this subdivision, a
lawful order is an order issued by a police officer who is in uniform or
has identified himself or herself as a police officer to the person such
order is issued to at the time such order is issued, and which order is
reasonably related to the fulfillment of the duties of the police officer
who is issuing such order, does not violate any provision of state or
federal law and is only issued for the purposes of (I) preventing,
detecting, investigating or stopping a crime, (II) protecting a person or
property from harm, (III) apprehending a person suspected of a crime,
(IV) enforcing a law, (V) regulating traffic, or (VI) assisting in emergency
relief, including the administration of first aid.
Sec. 12. (NEW) (Effective October 1, 2021) (a) For purposes of this
section, "criminal act" means criminal act, as defined in section 53a-224
of the general statutes.
(b) A person is guilty of enticing a juvenile to commit a criminal act
if such person is twenty-three years of age or older and knowingly
causes, encourages, solicits, recruits, intimidates or coerces a person
under eighteen years of age to commit or participate in the commission
of a criminal act.
(c) Enticing a juvenile to commit a criminal act is a (1) class A Substitute Senate Bill No. 1093
Public Act No. 21-33 20 of 21
misdemeanor for first offense, and (2) class D felony for any subsequent
offense.
Sec. 13. (Effective from passage) (a) The Judicial Branch shall conduct a
study to determine the feasibility of (1) decreasing the period of time
between the arrest of a child and such child's initial court appearance,
in order to increase the likelihood that such child will attend such
appearance and reduce the likelihood of such child's recidivism, and (2)
establishing a diversionary program for children who are arrested, in
which participants shall report to a judge, juvenile probation officer or
clinical social worker licensed pursuant to chapter 383b of the general
statutes, on a weekly basis from the period of arrest until the
adjudication of the matter in order to reduce the likelihood of
recidivism.
(b) Not later than January 1, 2022, the Judicial Branch shall report the
findings of the study conducted pursuant to subsection (a) of this
section, in accordance with the provisions of section 11-4a of the general
statutes, to the joint standing committees of the General Assembly
having cognizance of matters relating to the judiciary and children.
Sec. 14. Subsection (d) of section 54-91c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2023):
(d) Upon the request of a victim, prior to the acceptance by the court
of a plea of a defendant pursuant to a proposed plea agreement, the
state's attorney, assistant state's attorney or deputy assistant state's
attorney in charge of the case shall provide such victim with the terms
of such proposed plea agreement in writing. If the terms of the proposed
plea agreement provide for a term of imprisonment which is more than
two years or a total effective sentence of more than a two-year term of
imprisonment, the state's attorney, assistant state's attorney or deputy
assistant state's attorney in charge of the case shall indicate: (1) The Substitute Senate Bill No. 1093
Public Act No. 21-33 21 of 21
maximum period of imprisonment that may apply to the defendant; (2)
whether the defendant may be eligible to earn risk reduction credits
pursuant to section 18-98e; [and] (3) whether the defendant may be
eligible to apply for release on parole pursuant to section 54-125a; and
(4) whether the defendant may be eligible for automatic erasure of such
defendant's criminal conviction pursuant to subsection (e) of section 54-
142a, as amended by this act.