Researcher: DC Page 1 4/29/22
OLR Bill Analysis
sHB 5349 (as amended by House “A”)*
AN ACT CONCERNING THE TIMELY REPORTING BY THE POLICE
OF A DEATH.
SUMMARY
This bill generally requires peace officers (i.e., law enforcement
officers) to notify a deceased person’s next of kin (i.e., spouse, adult
child, parent, adult sibling, or grandparent) about the deceased’s death
as soon as practicable, but within 24 hours after identifying the
deceased.
The bill also requires the Office of the Inspector General (OIG) to
investigate any failure to report a death as required by the bill. It allows
OIG to make recommendations to the Police Officer Standards and
Training Council (POST) or to the employing agency to discipline an
officer or his or her supervisor.
The bill also makes minor, technical, and conforming changes.
*House Amendment “A” (1) adds the provisions on notifying next of
kin residing in another town, (2) modifies the OIG recommendations
provision by (a) limiting the recommendation to POST to intentional
failures or those made with reckless indifference and (b) allowing
recommendations for discipline to the officer’s employing agency, and
(3) makes technical changes.
EFFECTIVE DATE: October 1, 2022
POLICE NOTIFICATION REQUIREMENT
Under the bill, if a sworn on-duty peace officer responds to an
incident involving, or otherwise encounters, a deceased person or a
person’s remains, the officer must ensure that the deceased person’s
next of kin is notified about the death according to the officer’s law
enforcement agency’s applicable guidelines. The law enforcement 2022HB-05349-R010682-BA.DOCX
Researcher: DC Page 2 4/29/22
agency must ensure the notification is made as soon as practicable, but
within 24 hours after the identification of the person.
If a next of kin resides in a town where the peace officer does not
serve, the officer may notify the (1) next of kin of the person’s death
according to the officer’s law enforcement agency’s applicable
guidelines or (2) law enforcement agency that serves the town where the
next of kin resides, and that agency must ensure notification based on
its applicable guidelines.
If a peace officer is unable to notify any next of kin, the officer must
document the reason for the failure or delay and any attempts to make
the notification. If no person who is a next of kin is notified, a deceased
person’s next of kin may request an OIG investigation into the lack of
notification or timely notification.
Under the bill, the following individuals are designated peace
officers: state and local police, Division of Criminal Justice inspectors,
state marshals exercising statutory powers, judicial marshals
performing their duties, conservation or special conservation officers,
constables who perform criminal law enforcement duties, appointed
special policemen, adult probation officers, Department of Correction
officials authorized to make arrests in a correctional institution or
facility, investigators in the Office of the State Treasurer, POST-certified
motor vehicle inspectors, U.S. marshals and deputy marshals, U.S.
special agents authorized to enforce federal food and drug laws, and
certified police officers of a law enforcement unit created and governed
under a state-tribal memorandum (CGS § 53a-3(9)).
Under the bill, a “law enforcement agency” is the State Police or any
municipal police department.
OIG INVESTIGATIONS
Upon a next of kin’s request (see above), the bill requires OIG to
investigate and determine whether there was malfeasance on the part of
the peace officer or his or her supervisor for failing to provide the
notification or timely notification the bill requires. 2022HB-05349-R010682-BA.DOCX
Researcher: DC Page 3 4/29/22
If OIG finds malfeasance, it may make recommendations to POST
concerning censuring, suspending, renewing, canceling, or revoking the
officer or supervisor’s certification. But OIG may only make these
recommendations if it finds that the officer’s failure is intentional or
made with reckless indifference. Otherwise, OIG may recommend to the
officer’s or supervisor’s employing agency any further disciplinary
action as the employing agency determines.
CANCELLATION OR REVOCATION OF POLICE CERTIFICATION
Existing law sets various grounds upon which POST may cancel or
revoke a police officer’s certification, including for undermining public
confidence in law enforcement. The bill expands these grounds by
specifying that undermining public confidence includes failing to report
or timely report a death in violation of the bill.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 37 Nay 2 (03/29/2022)
Public Safety and Security Committee
Joint Favorable
Yea 13 Nay 10 (04/25/2022)