Connecticut 2022 Regular Session

Connecticut House Bill HB05349 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 5349
	8	+	February Session, 2022
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4		-	Substitute House Bill No. 5349
5		-
6		-	Public Act No. 22-61
7	12
8	13
9		-	AN ACT CONCERNING THE TIMELY REPORTING BY THE POLICE
10		-	OF A DEATH.
	14	+	AN ACT CONCERNING THE TIMELY REPORTING BY THE POLICE OF
	15	+	A DEATH.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. (NEW) (Effective October 1, 2022) (a) If a peace officer who
15		-	is a sworn member of a law enforcement agency responds to an incident
16		-	involving a deceased person or the remains of a person or otherwise
17		-	encounters a deceased person or the remains of a person while such
18		-	officer is on duty, such officer shall ensure that a person who is a next
19		-	of kin of such person is notified of such person's death in a manner
20		-	provided for in applicable guidelines used by the law enforcement
21		-	agency employing such officer. Such law enforcement agency shall
22		-	ensure such notification is made as soon as practicable, but not later than
23		-	twenty-four hours following the identification of such person, except as
24		-	provided in subsection (b) of this section.
25		-	(b) If a peace officer is unable to notify a person who is a next of kin
26		-	of a deceased person as required under subsection (a) or (c) of this
27		-	section, such officer shall document the reason for the failure or delay
28		-	of notification and any attempts made to make such notification.
29		-	(c) If a next of kin of a deceased person resides in a town in which the
30		-	peace officer does not serve, such officer may notify such next of kin of Substitute House Bill No. 5349
	19	+	Section 1. (NEW) (Effective October 1, 2022) (a) If a peace officer who 1
	20	+	is a sworn member of a law enforcement agency responds to an incident 2
	21	+	involving a deceased person or the remains of a person or otherwise 3
	22	+	encounters a deceased person or the remains of a person while such 4
	23	+	officer is on duty, such officer shall ensure that a person who is a next 5
	24	+	of kin of such person is notified of such person's death in a manner 6
	25	+	provided for in applicable guidelines used by the law enforcement 7
	26	+	agency employing such officer. Such law enforcement agency shall 8
	27	+	ensure such notification is made as soon as practicable, but not later than 9
	28	+	twenty-four hours following the identification of such person, except as 10
	29	+	provided in subsection (b) of this section. 11
	30	+	(b) If a peace officer is unable to notify a person who is a next of kin 12
	31	+	of a deceased person as required under subsection (a) of this section, 13
	32	+	such officer shall document the reason for the failure or delay of 14
	33	+	notification and any attempts made to make such notification. 15
	34	+	(c) If no person who is a next of kin of a deceased person is notified 16
	35	+	of such person's death as required under subsection (a) of this section, a 17
	36	+	person who is a next of kin of the deceased person may request of the 18 Substitute Bill No. 5349
31	37
32		-	Public Act No. 22-61 2 of 8
33	38
34		-	such person's death in a manner provided for in applicable guidelines
35		-	used by the law enforcement agency employing such officer, or provide
36		-	notice to the law enforcement agency that serves such town in which
37		-	such next of kin resides, which agency shall ensure notification in a
38		-	manner provided for in such agency's applicable guidelines.
39		-	(d) If no person who is a next of kin of a deceased person is notified
40		-	of such person's death as required under subsection (a) or (c) of this
41		-	section, a person who is a next of kin of the deceased person may request
42		-	of the Office of the Inspector General, established under section 51-277e
43		-	of the general statutes, as amended by this act, an investigation of such
44		-	lack of notification or timely notification.
45		-	(e) For purposes of this section, "peace officer" has the same meaning
46		-	as provided in section 53a-3 of the general statutes, "next of kin" has the
47		-	same meaning as provided in section 19a-415a of the general statutes
48		-	and "law enforcement agency" means the Division of State Police within
49		-	the Department of Emergency Services and Public Protection or any
50		-	municipal police department.
51		-	Sec. 2. Section 51-277a of the 2022 supplement to the general statutes
52		-	is repealed and the following is substituted in lieu thereof (Effective
53		-	October 1, 2022):
54		-	(a) (1) Whenever a peace officer, in the performance of such officer's
55		-	duties, uses physical force upon another person and such person dies as
56		-	a result thereof or uses deadly force, as defined in section 53a-3, upon
57		-	another person, the Division of Criminal Justice shall cause an
58		-	investigation to be made and the Inspector General shall have the
59		-	responsibility of determining whether the use of physical force by the
60		-	peace officer was justifiable under section 53a-22.
61		-	(2) (A) Except as provided under subdivision (1) of this subsection,
62		-	whenever a person dies in the custody of a peace officer or law Substitute House Bill No. 5349
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	43	+	Office of the Inspector General, established under section 51-277e of the 19
	44	+	general statutes, as amended by this act, an investigation of such lack of 20
	45	+	notification or timely notification. 21
	46	+	(d) For purposes of this section, "peace officer" has the same meaning 22
	47	+	as provided in section 53a-3 of the general statutes, "next of kin" has the 23
	48	+	same meaning as provided in section 19a-415a of the general statutes 24
	49	+	and "law enforcement agency" means the Division of State Police within 25
	50	+	the Department of Emergency Services and Public Protection or any 26
	51	+	municipal police department. 27
	52	+	Sec. 2. Section 51-277a of the 2022 supplement to the general statutes 28
	53	+	is repealed and the following is substituted in lieu thereof (Effective 29
	54	+	October 1, 2022): 30
	55	+	(a) (1) Whenever a peace officer, in the performance of such officer's 31
	56	+	duties, uses physical force upon another person and such person dies as 32
	57	+	a result thereof or uses deadly force, as defined in section 53a-3, upon 33
	58	+	another person, the Division of Criminal Justice shall cause an 34
	59	+	investigation to be made and the Inspector General shall have the 35
	60	+	responsibility of determining whether the use of physical force by the 36
	61	+	peace officer was justifiable under section 53a-22. 37
	62	+	(2) (A) Except as provided under subdivision (1) of this subsection, 38
	63	+	whenever a person dies in the custody of a peace officer or law 39
	64	+	enforcement agency, the Inspector General shall investigate and 40
	65	+	determine whether physical force was used by a peace officer upon the 41
	66	+	deceased person, and if so, whether the use of physical force by the 42
	67	+	peace officer was justifiable under section 53a-22. If the Inspector 43
	68	+	General determines the deceased person may have died as a result of 44
	69	+	criminal action not involving the use of force by a peace officer, the 45
	70	+	Inspector General shall refer such case to the Chief State's Attorney or 46
	71	+	state's attorney for potential prosecution. 47
	72	+	(B) Except as provided under subdivision (1) of this subsection or 48
	73	+	subparagraph (A) of subdivision (2) of this subsection, whenever a 49 Substitute Bill No. 5349
65	74
66		-	enforcement agency, the Inspector General shall investigate and
67		-	determine whether physical force was used by a peace officer upon the
68		-	deceased person, and if so, whether the use of physical force by the
69		-	peace officer was justifiable under section 53a-22. If the Inspector
70		-	General determines the deceased person may have died as a result of
71		-	criminal action not involving the use of force by a peace officer, the
72		-	Inspector General shall refer such case to the Chief State's Attorney or
73		-	state's attorney for potential prosecution.
74		-	(B) Except as provided under subdivision (1) of this subsection or
75		-	subparagraph (A) of subdivision (2) of this subsection, whenever a
76		-	person dies in the custody of the Commissioner of Correction, the
77		-	Inspector General shall investigate and determine whether the deceased
78		-	person may have died as a result of criminal action, and, if so, refer such
79		-	case to the Chief State's Attorney or state's attorney for potential
80		-	prosecution.
81		-	(3) Whenever a person who (A) is a next of kin of a deceased person,
82		-	(B) is not notified of such deceased person's death as required pursuant
83		-	to section 1 of this act and no other person who is a next of kin of the
84		-	deceased person was so notified, and (C) requests of the Office of the
85		-	Inspector General an investigation of the lack of notification or timely
86		-	notification of such death, the Inspector General shall investigate and
87		-	determine whether there was any malfeasance on the part of a peace
88		-	officer or a supervisor of the peace officer in the failure to provide such
89		-	notification or timely notification, and if so, may make
90		-	recommendations to the Police Officer Standards and Training Council
91		-	established under section 7-294b concerning censure, suspension,
92		-	renewal, cancelation or revocation of the peace officer's or supervisor's
93		-	certification, provided any such recommendation may be made to said
94		-	council only in a case where such failure is found to be intentional or
95		-	made with reckless indifference. If there is no finding that such failure
96		-	was intentional or made with reckless indifference, a recommendation Substitute House Bill No. 5349
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100		-	may be made to the officer's or supervisor's employing agency for any
101		-	further disciplinary action as so determined by such employing agency.
102		-	[(3)] (4) The Inspector General shall request the appropriate law
103		-	enforcement agency to provide such assistance as is necessary to
104		-	investigate and make a determination under subdivision (1), [or] (2) or
105		-	(3) of this subsection.
106		-	[(4)] (5) Whenever a peace officer, in the performance of such officer's
107		-	duties, uses physical force or deadly force upon another person and
108		-	such person dies as a result thereof, the Inspector General shall complete
109		-	a preliminary status report that shall include, but need not be limited to,
110		-	(A) the name of the deceased person, (B) the gender, race, ethnicity and
111		-	age of the deceased person, (C) the date, time and location of the injury
112		-	causing such death, (D) the law enforcement agency involved, (E) the
113		-	status on the toxicology report, if available, and (F) the death certificate,
114		-	if available. The Inspector General shall complete the report and submit
115		-	a copy of such report not later than five business days after the cause of
116		-	the death is available to the Chief State's Attorney and, in accordance
117		-	with the provisions of section 11-4a, to the joint standing committees of
118		-	the General Assembly having cognizance of matters relating to the
119		-	judiciary and public safety.
120		-	(b) Upon the conclusion of the investigation of [the] an incident
121		-	described in subdivision (1) or (2) of subsection (a) of this section, the
122		-	Inspector General shall file a report with the Chief State's Attorney
123		-	which shall contain the following: (1) The circumstances of the incident,
124		-	(2) a determination of whether the use of physical force by the peace
125		-	officer was justifiable under section 53a-22, and (3) any recommended
126		-	future action to be taken by the Office of the Inspector General as a result
127		-	of the incident. The Chief State's Attorney shall provide a copy of the
128		-	report to the chief executive officer of the municipality in which the
129		-	incident occurred and to the Commissioner of Emergency Services and
130		-	Public Protection or the chief of police of such municipality, as the case Substitute House Bill No. 5349
	80	+	person dies in the custody of the Commissioner of Correction, the 50
	81	+	Inspector General shall investigate and determine whether the deceased 51
	82	+	person may have died as a result of criminal action, and, if so, refer such 52
	83	+	case to the Chief State's Attorney or state's attorney for potential 53
	84	+	prosecution. 54
	85	+	(3) Whenever a person who (A) is a next of kin of a deceased person, 55
	86	+	(B) is not notified of such deceased person's death as required pursuant 56
	87	+	to section 1 of this act and no other person who is a next of kin of the 57
	88	+	deceased person was so notified, and (C) requests of the Office of the 58
	89	+	Inspector General an investigation of the lack of notification or timely 59
	90	+	notification of such death, the Inspector General shall investigate and 60
	91	+	determine whether there was any malfeasance on the part of a peace 61
	92	+	officer or a supervisor of the peace officer in the failure to provide such 62
	93	+	notification or timely notification, and if so, may make 63
	94	+	recommendations to the Police Officer Standards and Training Council 64
	95	+	established under section 7-294b concerning censure, suspension, 65
	96	+	renewal, cancelation or revocation of the peace officer's or supervisor's 66
	97	+	certification. 67
	98	+	[(3)] (4) The Inspector General shall request the appropriate law 68
	99	+	enforcement agency to provide such assistance as is necessary to 69
	100	+	investigate and make a determination under subdivision (1), [or] (2) or 70
	101	+	(3) of this subsection. 71
	102	+	[(4)] (5) Whenever a peace officer, in the performance of such officer's 72
	103	+	duties, uses physical force or deadly force upon another person and 73
	104	+	such person dies as a result thereof, the Inspector General shall complete 74
	105	+	a preliminary status report that shall include, but need not be limited to, 75
	106	+	(A) the name of the deceased person, (B) the gender, race, ethnicity and 76
	107	+	age of the deceased person, (C) the date, time and location of the injury 77
	108	+	causing such death, (D) the law enforcement agency involved, (E) the 78
	109	+	status on the toxicology report, if available, and (F) the death certificate, 79
	110	+	if available. The Inspector General shall complete the report and submit 80
	111	+	a copy of such report not later than five business days after the cause of 81
	112	+	the death is available to the Chief State's Attorney and, in accordance 82 Substitute Bill No. 5349
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134		-	may be, and shall make such report available to the public on the
135		-	Division of Criminal Justice's Internet web site not later than forty-eight
136		-	hours after the copies are provided to the chief executive officer and the
137		-	commissioner or chief of police.
138		-	(c) The Office of the Inspector General shall prosecute any case in
139		-	which the Inspector General determines that (1) the use of force by a
140		-	peace officer was not justifiable under section 53a-22, or (2) there was a
141		-	failure to intervene in such incident or to report any such incident, as
142		-	required under subsection (a) of section 7-282e or section 18-81nn.
143		-	Sec. 3. Subsection (a) of section 51-277e of the 2022 supplement to the
144		-	general statutes is repealed and the following is substituted in lieu
145		-	thereof (Effective October 1, 2022):
146		-	(a) There is established the Office of the Inspector General that shall
147		-	be a separate office within the Division of Criminal Justice. Not later
148		-	than October 1, 2021, the Criminal Justice Commission established
149		-	pursuant to section 51-275a shall appoint a deputy chief state's attorney
150		-	as Inspector General who shall lead the Office of the Inspector General.
151		-	The office shall: (1) Conduct investigations of peace officers in
152		-	accordance with section 51-277a, as amended by this act; (2) prosecute
153		-	any case in which the Inspector General determines a peace officer used
154		-	force found to not be justifiable pursuant to section 53a-22 or where a
155		-	police officer or correctional officer fails to intervene in any such
156		-	incident or to report any such incident, as required under subsection (a)
157		-	of section 7-282e or section 18-81nn, as applicable; [and] (3) investigate
158		-	any failure to report the death of a person in accordance with the
159		-	provisions of section 1 of this act; and (4) make recommendations to the
160		-	Police Officer Standards and Training Council established under section
161		-	7-294b concerning censure and suspension, renewal, cancelation or
162		-	revocation of a peace officer's certification, provided in the case of a
163		-	failure to report a death of a person, any such recommendation may be
164		-	made to said council only in a case where such failure is found to be Substitute House Bill No. 5349
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	119	+	with the provisions of section 11-4a, to the joint standing committees of 83
	120	+	the General Assembly having cognizance of matters relating to the 84
	121	+	judiciary and public safety. 85
	122	+	(b) Upon the conclusion of the investigation of [the] an incident of the 86
	123	+	use of force, the Inspector General shall file a report with the Chief 87
	124	+	State's Attorney which shall contain the following: (1) The 88
	125	+	circumstances of the incident, (2) a determination of whether the use of 89
	126	+	physical force by the peace officer was justifiable under section 53a-22, 90
	127	+	and (3) any recommended future action to be taken by the Office of the 91
	128	+	Inspector General as a result of the incident. The Chief State's Attorney 92
	129	+	shall provide a copy of the report to the chief executive officer of the 93
	130	+	municipality in which the incident occurred and to the Commissioner 94
	131	+	of Emergency Services and Public Protection or the chief of police of 95
	132	+	such municipality, as the case may be, and shall make such report 96
	133	+	available to the public on the Division of Criminal Justice's Internet web 97
	134	+	site not later than forty-eight hours after the copies are provided to the 98
	135	+	chief executive officer and the commissioner or chief of police. 99
	136	+	(c) The Office of the Inspector General shall prosecute any case 100
	137	+	involving an incident of the use of force in which the Inspector General 101
	138	+	determines that (1) the use of force by a peace officer was not justifiable 102
	139	+	under section 53a-22, or (2) there was a failure to intervene in such 103
	140	+	incident or to report any such incident, as required under subsection (a) 104
	141	+	of section 7-282e or section 18-81nn. 105
	142	+	Sec. 3. Subsection (a) of section 51-277e of the 2022 supplement to the 106
	143	+	general statutes is repealed and the following is substituted in lieu 107
	144	+	thereof (Effective October 1, 2022): 108
	145	+	(a) There is established the Office of the Inspector General that shall 109
	146	+	be a separate office within the Division of Criminal Justice. Not later 110
	147	+	than October 1, 2021, the Criminal Justice Commission established 111
	148	+	pursuant to section 51-275a shall appoint a deputy chief state's attorney 112
	149	+	as Inspector General who shall lead the Office of the Inspector General. 113
	150	+	The office shall: (1) Conduct investigations of peace officers in 114 Substitute Bill No. 5349
167	151
168		-	intentional or made with reckless indifference, or if there is no finding
169		-	that such failure was intentional or made with reckless indifference, a
170		-	recommendation may be made to the officer's employing agency for any
171		-	further disciplinary action as so determined by such employing agency.
172		-	Sec. 4. Subsection (c) of section 7-294d of the 2022 supplement to the
173		-	general statutes is repealed and the following is substituted in lieu
174		-	thereof (Effective October 1, 2022):
175		-	(c) (1) The council may refuse to renew any certificate if the holder
176		-	fails to meet the requirements for renewal of his or her certification.
177		-	(2) The council may cancel or revoke any certificate if: (A) The
178		-	certificate was issued by administrative error, (B) the certificate was
179		-	obtained through misrepresentation or fraud, (C) the holder falsified
180		-	any document in order to obtain or renew any certificate, (D) the holder
181		-	has been convicted of a felony, (E) the holder has been found not guilty
182		-	of a felony by reason of mental disease or defect pursuant to section 53a-
183		-	13, (F) the holder has been convicted of a violation of section 21a-279,
184		-	(G) the holder has been refused issuance of a certificate or similar
185		-	authorization or has had his or her certificate or other authorization
186		-	cancelled or revoked by another jurisdiction on grounds which would
187		-	authorize cancellation or revocation under the provisions of this
188		-	subdivision, (H) the holder has been found by a law enforcement unit,
189		-	pursuant to procedures established by such unit, to have used a firearm
190		-	in an improper manner which resulted in the death or serious physical
191		-	injury of another person, (I) the holder has been found by a law
192		-	enforcement unit, pursuant to procedures established by such unit and
193		-	considering guidance developed under subsection (g) of this section, to
194		-	have engaged in conduct that undermines public confidence in law
195		-	enforcement, including, but not limited to, discriminatory conduct,
196		-	falsification of reports, issuances of orders that are not lawful orders,
197		-	failure to report or timely report a death in violation of section 1 of this
198		-	act or a violation of the Alvin W. Penn Racial Profiling Prohibition Act Substitute House Bill No. 5349
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202		-	~~pursuant to sections 54-1l and 54-1m~~, ~~provided, when evaluating any~~
203		-	~~such conduct,~~ the ~~council considers such conduct engaged in while the~~
204		-	~~holder is acting in such holder's law enforcement capacity~~ or
205		-	~~representing himself or herself to be a~~ police officer to ~~be more serious~~
206		-	~~than~~ such ~~conduct engaged in by~~ a ~~holder not acting in such holder's~~
207		-	~~law enforcement capacity~~ or ~~representing himself or herself to be a~~
208		-	~~police officer,~~ ~~[;] (J)~~ the ~~holder has been found by~~ a ~~law enforcement unit,~~
209		-	~~pursuant~~ to ~~procedures established by such unit, to have used physical~~
210		-	~~force on another person in a manner that is excessive or used physical~~
211		-	~~force in a manner found to not be justifiable after an investigation~~
212		-	~~conducted pursuant to section 51-277a, as amended by this act, or (K)~~
213		-	the ~~holder has been found by a law enforcement unit, pursuant~~ to
214		-	~~procedures established by such unit,~~ ~~to have committed any act that~~
215		-	~~would constitute tampering with or fabricating physical evidence in~~
216		-	~~violation of section 53a-155, perjury in violation of section 53a-156~~ or
217		-	~~false statement in violation~~ of ~~section 53a-157b~~. ~~Whenever the council~~
218		-	~~believes there is a reasonable basis for suspension, cancellation~~ or
219		-	~~revocation of~~ the ~~certification of a police officer, police training school~~
220		-	or ~~law enforcement instructor~~, ~~it shall give notice and an adequate~~
221		-	~~opportunity for a hearing prior~~ to ~~such suspension, cancellation~~ or
222		-	~~revocation. Such hearing shall be conducted in accordance with~~ the
223		-	~~provisions~~ of ~~chapter 54.~~ ~~Any holder aggrieved by the decision of the~~
224		-	~~council may appeal from such decision in accordance with~~ the
225		-	~~provisions~~ of ~~section 4-183. The council may cancel~~ or ~~revoke any~~
226		-	certificate ~~if, after a de novo review, it finds by clear and convincing~~
227		-	~~evidence (i) a basis set forth in subparagraphs (A) to (G), inclusive, of~~
228		-	~~this subdivision,~~ or ~~(ii) that~~ the ~~holder~~ of ~~the certificate committed an act~~
229		-	~~set forth in subparagraph~~ (H), ~~(I), (J) or (K) of this subdivision. In any~~
230		-	~~such case where the council finds~~ such ~~evidence~~, ~~but determines that the~~
231		-	~~severity of~~ an ~~act committed by~~ the ~~holder of the certificate does not~~
232		-	~~warrant cancellation or revocation~~ of ~~such holder's certificate,~~ the
233		-	~~council may suspend~~ such ~~holder's certification for a period of up to~~
234		-	~~forty-five days and may censure such holder~~ of ~~the certificate.~~ ~~Any~~ Substitute ~~House~~ Bill No. 5349
	157	+	accordance with section 51-277a, as amended by this act; (2) prosecute 115
	158	+	any case in which the Inspector General determines a peace officer used 116
	159	+	force found to not be justifiable pursuant to section 53a-22 or where a 117
	160	+	police officer or correctional officer fails to intervene in any such 118
	161	+	incident or to report any such incident, as required under subsection (a) 119
	162	+	of section 7-282e or section 18-81nn, as applicable; [and] (3) investigate 120
	163	+	any failure to report the death of a person in accordance with the 121
	164	+	provisions of section 1 of this act; and (4) make recommendations to the 122
	165	+	Police Officer Standards and Training Council established under section 123
	166	+	7-294b concerning censure and suspension, renewal, cancelation or 124
	167	+	revocation of a peace officer's certification. 125
	168	+	Sec. 4. Subsection (c) of section 7-294d of the 2022 supplement to the 126
	169	+	general statutes is repealed and the following is substituted in lieu 127
	170	+	thereof (Effective October 1, 2022): 128
	171	+	(c) (1) The council may refuse to renew any certificate if the holder 129
	172	+	fails to meet the requirements for renewal of his or her certification. 130
	173	+	(2) The council may cancel or revoke any certificate if: (A) The 131
	174	+	certificate was issued by administrative error, (B) the certificate was 132
	175	+	obtained through misrepresentation or fraud, (C) the holder falsified 133
	176	+	any document in order to obtain or renew any certificate, (D) the holder 134
	177	+	has been convicted of a felony, (E) the holder has been found not guilty 135
	178	+	of a felony by reason of mental disease or defect pursuant to section 53a-136
	179	+	13, (F) the holder has been convicted of a violation of section 21a-279, 137
	180	+	(G) the holder has been refused issuance of a certificate or similar 138
	181	+	authorization or has had his or her certificate or other authorization 139
	182	+	cancelled or revoked by another jurisdiction on grounds which would 140
	183	+	authorize cancellation or revocation under the provisions of this 141
	184	+	subdivision, (H) the holder has been found by a law enforcement unit, 142
	185	+	pursuant to procedures established by such unit, to have used a firearm 143
	186	+	in an improper manner which resulted in the death or serious physical 144
	187	+	injury of another person, (I) the holder has been found by a law 145
	188	+	enforcement unit, pursuant to procedures established by such unit and 146
	189	+	considering guidance developed under subsection (g) of this section, to 147 Substitute Bill No. 5349
235	190
236		-	Public Act No. 22-61 8 of 8
237	191
238		-	police officer or law enforcement instructor whose certification is
239		-	cancelled or revoked pursuant to this section may reapply for
240		-	certification no sooner than two years after the date on which the
241		-	cancellation or revocation order becomes final. Any police training
242		-	school whose certification is cancelled or revoked pursuant to this
243		-	section may reapply for certification at any time after the date on which
244		-	such order becomes final. For purposes of this subdivision, a lawful
245		-	order is an order issued by a police officer who is in uniform or has
246		-	identified himself or herself as a police officer to the person such order
247		-	is issued to at the time such order is issued, and which order is
248		-	reasonably related to the fulfillment of the duties of the police officer
249		-	who is issuing such order, does not violate any provision of state or
250		-	federal law and is only issued for the purposes of (I) preventing,
251		-	detecting, investigating or stopping a crime, (II) protecting a person or
252		-	property from harm, (III) apprehending a person suspected of a crime,
253		-	(IV) enforcing a law, (V) regulating traffic, or (VI) assisting in emergency
254		-	relief, including the administration of first aid.
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	194	+	6 of 7
	195	+
	196	+	have engaged in conduct that undermines public confidence in law 148
	197	+	enforcement, including, but not limited to, discriminatory conduct, 149
	198	+	falsification of reports, issuances of orders that are not lawful orders, 150
	199	+	failure to report or timely report a death in violation of section 1 of this 151
	200	+	act or a violation of the Alvin W. Penn Racial Profiling Prohibition Act 152
	201	+	pursuant to sections 54-1l and 54-1m, provided, when evaluating any 153
	202	+	such conduct, the council considers such conduct engaged in while the 154
	203	+	holder is acting in such holder's law enforcement capacity or 155
	204	+	representing himself or herself to be a police officer to be more serious 156
	205	+	than such conduct engaged in by a holder not acting in such holder's 157
	206	+	law enforcement capacity or representing himself or herself to be a 158
	207	+	police officer , [;] (J) the holder has been found by a law enforcement 159
	208	+	unit, pursuant to procedures established by such unit, to have used 160
	209	+	physical force on another person in a manner that is excessive or used 161
	210	+	physical force in a manner found to not be justifiable after an 162
	211	+	investigation conducted pursuant to section 51-277a, as amended by this 163
	212	+	act, or (K) the holder has been found by a law enforcement unit, 164
	213	+	pursuant to procedures established by such unit, to have committed any 165
	214	+	act that would constitute tampering with or fabricating physical 166
	215	+	evidence in violation of section 53a-155, perjury in violation of section 167
	216	+	53a-156 or false statement in violation of section 53a-157b. Whenever the 168
	217	+	council believes there is a reasonable basis for suspension, cancellation 169
	218	+	or revocation of the certification of a police officer, police training school 170
	219	+	or law enforcement instructor, it shall give notice and an adequate 171
	220	+	opportunity for a hearing prior to such suspension, cancellation or 172
	221	+	revocation. Such hearing shall be conducted in accordance with the 173
	222	+	provisions of chapter 54. Any holder aggrieved by the decision of the 174
	223	+	council may appeal from such decision in accordance with the 175
	224	+	provisions of section 4-183. The council may cancel or revoke any 176
	225	+	certificate if, after a de novo review, it finds by clear and convincing 177
	226	+	evidence (i) a basis set forth in subparagraphs (A) to (G), inclusive, of 178
	227	+	this subdivision, or (ii) that the holder of the certificate committed an act 179
	228	+	set forth in subparagraph (H), (I), (J) or (K) of this subdivision. In any 180
	229	+	such case where the council finds such evidence, but determines that the 181
	230	+	severity of an act committed by the holder of the certificate does not 182 Substitute Bill No. 5349
	231	+
	232	+
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	236	+
	237	+	warrant cancellation or revocation of such holder's certificate, the 183
	238	+	council may suspend such holder's certification for a period of up to 184
	239	+	forty-five days and may censure such holder of the certificate. Any 185
	240	+	police officer or law enforcement instructor whose certification is 186
	241	+	cancelled or revoked pursuant to this section may reapply for 187
	242	+	certification no sooner than two years after the date on which the 188
	243	+	cancellation or revocation order becomes final. Any police training 189
	244	+	school whose certification is cancelled or revoked pursuant to this 190
	245	+	section may reapply for certification at any time after the date on which 191
	246	+	such order becomes final. For purposes of this subdivision, a lawful 192
	247	+	order is an order issued by a police officer who is in uniform or has 193
	248	+	identified himself or herself as a police officer to the person such order 194
	249	+	is issued to at the time such order is issued, and which order is 195
	250	+	reasonably related to the fulfillment of the duties of the police officer 196
	251	+	who is issuing such order, does not violate any provision of state or 197
	252	+	federal law and is only issued for the purposes of (I) preventing, 198
	253	+	detecting, investigating or stopping a crime, (II) protecting a person or 199
	254	+	property from harm, (III) apprehending a person suspected of a crime, 200
	255	+	(IV) enforcing a law, (V) regulating traffic, or (VI) assisting in emergency 201
	256	+	relief, including the administration of first aid. 202
	257	+	This act shall take effect as follows and shall amend the following
	258	+	sections:
	259	+
	260	+	Section 1 October 1, 2022 New section
	261	+	Sec. 2 October 1, 2022 51-277a
	262	+	Sec. 3 October 1, 2022 51-277e(a)
	263	+	Sec. 4 October 1, 2022 7-294d(c)
	264	+
	265	+
	266	+	JUD Joint Favorable Subst.
	267	+	PS Joint Favorable
255	268