Substitute House Bill No. 5349
Public Act No. 22-61
AN ACT CONCERNING THE TIMELY REPORTING BY THE POLICE
OF A DEATH.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2022) (a) If a peace officer who
is a sworn member of a law enforcement agency responds to an incident
involving a deceased person or the remains of a person or otherwise
encounters a deceased person or the remains of a person while such
officer is on duty, such officer shall ensure that a person who is a next
of kin of such person is notified of such person's death in a manner
provided for in applicable guidelines used by the law enforcement
agency employing such officer. Such law enforcement agency shall
ensure such notification is made as soon as practicable, but not later than
twenty-four hours following the identification of such person, except as
provided in subsection (b) of this section.
(b) If a peace officer is unable to notify a person who is a next of kin
of a deceased person as required under subsection (a) or (c) of this
section, such officer shall document the reason for the failure or delay
of notification and any attempts made to make such notification.
(c) If a next of kin of a deceased person resides in a town in which the
peace officer does not serve, such officer may notify such next of kin of Substitute House Bill No. 5349
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such person's death in a manner provided for in applicable guidelines
used by the law enforcement agency employing such officer, or provide
notice to the law enforcement agency that serves such town in which
such next of kin resides, which agency shall ensure notification in a
manner provided for in such agency's applicable guidelines.
(d) If no person who is a next of kin of a deceased person is notified
of such person's death as required under subsection (a) or (c) of this
section, a person who is a next of kin of the deceased person may request
of the Office of the Inspector General, established under section 51-277e
of the general statutes, as amended by this act, an investigation of such
lack of notification or timely notification.
(e) For purposes of this section, "peace officer" has the same meaning
as provided in section 53a-3 of the general statutes, "next of kin" has the
same meaning as provided in section 19a-415a of the general statutes
and "law enforcement agency" means the Division of State Police within
the Department of Emergency Services and Public Protection or any
municipal police department.
Sec. 2. Section 51-277a of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2022):
(a) (1) Whenever a peace officer, in the performance of such officer's
duties, uses physical force upon another person and such person dies as
a result thereof or uses deadly force, as defined in section 53a-3, upon
another person, the Division of Criminal Justice shall cause an
investigation to be made and the Inspector General shall have the
responsibility of determining whether the use of physical force by the
peace officer was justifiable under section 53a-22.
(2) (A) Except as provided under subdivision (1) of this subsection,
whenever a person dies in the custody of a peace officer or law Substitute House Bill No. 5349
Public Act No. 22-61 3 of 8
enforcement agency, the Inspector General shall investigate and
determine whether physical force was used by a peace officer upon the
deceased person, and if so, whether the use of physical force by the
peace officer was justifiable under section 53a-22. If the Inspector
General determines the deceased person may have died as a result of
criminal action not involving the use of force by a peace officer, the
Inspector General shall refer such case to the Chief State's Attorney or
state's attorney for potential prosecution.
(B) Except as provided under subdivision (1) of this subsection or
subparagraph (A) of subdivision (2) of this subsection, whenever a
person dies in the custody of the Commissioner of Correction, the
Inspector General shall investigate and determine whether the deceased
person may have died as a result of criminal action, and, if so, refer such
case to the Chief State's Attorney or state's attorney for potential
prosecution.
(3) Whenever a person who (A) is a next of kin of a deceased person,
(B) is not notified of such deceased person's death as required pursuant
to section 1 of this act and no other person who is a next of kin of the
deceased person was so notified, and (C) requests of the Office of the
Inspector General an investigation of the lack of notification or timely
notification of such death, the Inspector General shall investigate and
determine whether there was any malfeasance on the part of a peace
officer or a supervisor of the peace officer in the failure to provide such
notification or timely notification, and if so, may make
recommendations to the Police Officer Standards and Training Council
established under section 7-294b concerning censure, suspension,
renewal, cancelation or revocation of the peace officer's or supervisor's
certification, provided any such recommendation may be made to said
council only in a case where such failure is found to be intentional or
made with reckless indifference. If there is no finding that such failure
was intentional or made with reckless indifference, a recommendation Substitute House Bill No. 5349
Public Act No. 22-61 4 of 8
may be made to the officer's or supervisor's employing agency for any
further disciplinary action as so determined by such employing agency.
[(3)] (4) The Inspector General shall request the appropriate law
enforcement agency to provide such assistance as is necessary to
investigate and make a determination under subdivision (1), [or] (2) or
(3) of this subsection.
[(4)] (5) Whenever a peace officer, in the performance of such officer's
duties, uses physical force or deadly force upon another person and
such person dies as a result thereof, the Inspector General shall complete
a preliminary status report that shall include, but need not be limited to,
(A) the name of the deceased person, (B) the gender, race, ethnicity and
age of the deceased person, (C) the date, time and location of the injury
causing such death, (D) the law enforcement agency involved, (E) the
status on the toxicology report, if available, and (F) the death certificate,
if available. The Inspector General shall complete the report and submit
a copy of such report not later than five business days after the cause of
the death is available to the Chief State's Attorney and, in accordance
with the provisions of section 11-4a, to the joint standing committees of
the General Assembly having cognizance of matters relating to the
judiciary and public safety.
(b) Upon the conclusion of the investigation of [the] an incident
described in subdivision (1) or (2) of subsection (a) of this section, the
Inspector General shall file a report with the Chief State's Attorney
which shall contain the following: (1) The circumstances of the incident,
(2) a determination of whether the use of physical force by the peace
officer was justifiable under section 53a-22, and (3) any recommended
future action to be taken by the Office of the Inspector General as a result
of the incident. The Chief State's Attorney shall provide a copy of the
report to the chief executive officer of the municipality in which the
incident occurred and to the Commissioner of Emergency Services and
Public Protection or the chief of police of such municipality, as the case Substitute House Bill No. 5349
Public Act No. 22-61 5 of 8
may be, and shall make such report available to the public on the
Division of Criminal Justice's Internet web site not later than forty-eight
hours after the copies are provided to the chief executive officer and the
commissioner or chief of police.
(c) The Office of the Inspector General shall prosecute any case in
which the Inspector General determines that (1) the use of force by a
peace officer was not justifiable under section 53a-22, or (2) there was a
failure to intervene in such incident or to report any such incident, as
required under subsection (a) of section 7-282e or section 18-81nn.
Sec. 3. Subsection (a) of section 51-277e of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) There is established the Office of the Inspector General that shall
be a separate office within the Division of Criminal Justice. Not later
than October 1, 2021, the Criminal Justice Commission established
pursuant to section 51-275a shall appoint a deputy chief state's attorney
as Inspector General who shall lead the Office of the Inspector General.
The office shall: (1) Conduct investigations of peace officers in
accordance with section 51-277a, as amended by this act; (2) prosecute
any case in which the Inspector General determines a peace officer used
force found to not be justifiable pursuant to section 53a-22 or where a
police officer or correctional officer fails to intervene in any such
incident or to report any such incident, as required under subsection (a)
of section 7-282e or section 18-81nn, as applicable; [and] (3) investigate
any failure to report the death of a person in accordance with the
provisions of section 1 of this act; and (4) make recommendations to the
Police Officer Standards and Training Council established under section
7-294b concerning censure and suspension, renewal, cancelation or
revocation of a peace officer's certification, provided in the case of a
failure to report a death of a person, any such recommendation may be
made to said council only in a case where such failure is found to be Substitute House Bill No. 5349
Public Act No. 22-61 6 of 8
intentional or made with reckless indifference, or if there is no finding
that such failure was intentional or made with reckless indifference, a
recommendation may be made to the officer's employing agency for any
further disciplinary action as so determined by such employing agency.
Sec. 4. Subsection (c) of section 7-294d of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(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
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,
failure to report or timely report a death in violation of section 1 of this
act or a violation of the Alvin W. Penn Racial Profiling Prohibition Act Substitute House Bill No. 5349
Public Act No. 22-61 7 of 8
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, as amended by this act, 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 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 Substitute House Bill No. 5349
Public Act No. 22-61 8 of 8
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.