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General Assembly Raised Bill No. 5351
February Session, 2022
LCO No. 2613
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT REVISING VARIOUS POLICE ACCREDITATION,
CERTIFICATION, TRAINING, IMMUNITY, USE OF MILITARY GRADE
EQUIPMENT AND SEARCH AND PURSUIT STATUTES, AND
CONCERNING THE STATE POLICE SHOOTING RANGE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-294ee of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) [Until December 31, 2024, the] The Police Officer Standards and
Training Council, established under section 7-294b, and the
Commissioner of Emergency Services and Public Protection or the
commissioner's designee, shall jointly develop, adopt and revise, as
necessary, minimum standards and practices for the administration,
[and] management and operation of law enforcement units, as defined
in section 7-294a. Such minimum standards and practices shall be based
upon standards established by the International Association of Chiefs of
Police and the Commission on Accreditation for Law Enforcement
Agencies, Inc., and shall include, but need not be limited to, standards Raised Bill No. 5351
LCO No. 2613 2 of 15
and practices regarding bias-based policing, use of force, response to
crimes of family violence, use of body-worn recording equipment,
complaints that allege misconduct by police officers, use of electronic
defense weapons, eyewitness identification procedures, notifications in
death and related events and pursuits by police officers and compliance
with the guidance issued by the council pursuant to subdivision (1) of
subsection (g) of section 7-294d regarding reporting procedures to be
followed by chief law enforcement officers for certificate suspension,
cancellation or revocation. Not later than January 1, 2023, the council
shall, within available appropriations, divide the minimum standards
and practices into three tiers, to be known as tier one, tier two and tier
three. Tier one shall consist of minimum standards and practices
designed to protect law enforcement units from liability, enhance the
delivery of services and improve public confidence in law enforcement
units. Tier two shall consist of minimum standards and practices for the
administration, management and operation of law enforcement units.
Tier three shall consist of higher minimum standards and practices for
the administration, management and operation of law enforcement
units. The council shall post [such] the minimum standards and
practices of each tier on the council's Internet web site and disseminate
[such] the minimum standards and practices of each tier to law
enforcement units. The council and commissioner or the commissioner's
designee shall jointly develop a process to review a law enforcement
unit's compliance with [such] the minimum standards and practices of
each tier and issue a certificate of compliance with [law enforcement]
the minimum standards and practices of tier one, tier two or tier three,
as the case may be, to a law enforcement unit that meets or exceeds
[such] the minimum standards and practices of such tier.
(b) On and after January 1, 2019, and until December 31, [2024] 2022,
each law enforcement unit shall adopt and maintain (1) the minimum
standards and practices developed by the council pursuant to
subsection (a) of this section, or (2) a higher level of accreditation
standards developed by the council or the Commission on Accreditation
for Law Enforcement Agencies, Inc. Raised Bill No. 5351
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(c) On and after January 1, 2023, and until December 31, 2023, each
law enforcement unit shall adopt and maintain (1) the minimum
standards and practices of tier one developed by the council pursuant
to subsection (a) of this section, or (2) a higher level of accreditation
standards developed by the council or the Commission on Accreditation
for Law Enforcement Agencies, Inc.
(d) On and after January 1, 2024, and until December 31, 2025, each
law enforcement unit shall adopt and maintain (1) the minimum
standards and practices of tier two developed by the council pursuant
to subsection (a) of this section, or (2) a higher level of accreditation
standards developed by the council or the Commission on Accreditation
for Law Enforcement Agencies, Inc.
[(c)] (e) On and after January 1, [2025] 2026, each law enforcement
unit shall [obtain and maintain accreditation] adopt and maintain (1) the
minimum standards and practices of tier three developed by the council
pursuant to subsection (a) of this section, or (2) a higher level of
accreditation standards developed by the Commission on Accreditation
for Law Enforcement Agencies, Inc.
(f) If a law enforcement unit fails to [obtain] adopt or maintain [such
accreditation] the minimum standards and practices or a higher level of
accreditation standards developed by the council or the Commission on
Accreditation for Law Enforcement Agencies, Inc., in accordance with
the provisions of subsections (b) to (e), inclusive, of this section, the
council shall work with the law enforcement unit to [obtain] assist such
unit to adopt and maintain [such] the minimum standards and practices
or the higher level of accreditation standards.
(g) If a law enforcement unit fails to comply with the guidance issued
by the council pursuant to subdivision (1) of subsection (g) of section 7-
294d regarding reporting procedures to be followed by chief law
enforcement officers for certificate suspension, cancellation or
revocation, the council may revoke the certificate of compliance with the
minimum standards and practices of tier one, tier two or tier three, as Raised Bill No. 5351
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the case may be, issued pursuant to this section.
[(d)] (h) No civil action may be brought against a law enforcement
unit for damages arising from the failure of the law enforcement unit to
[(1)] adopt and maintain [such] the minimum standards and practices
or a higher level of accreditation standards developed by the council or
the Commission on Accreditation for Law Enforcement Agencies, Inc.,
pursuant to [subsection] subsections (b) to (e), inclusive, of this section.
[, or (2) obtain and maintain accreditation by the Commission on
Accreditation for Law Enforcement Agencies, Inc., pursuant to
subsection (c) of this section.]
Sec. 2. Subdivision (22) of subsection (a) of section 7-294d of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective from passage):
(22) (A) [Until December 31, 2024, to] To develop, adopt and revise,
as necessary, comprehensive accreditation standards for the
administration and management of law enforcement units, to grant
accreditation to those law enforcement units that demonstrate their
compliance with such standards and, at the request and expense of any
law enforcement unit, to conduct such surveys as may be necessary to
determine such unit's compliance with such standards; and (B) [on and
after January 1, 2025,] to work with any law enforcement unit that has
failed to [obtain] adopt or maintain [accreditation from] the minimum
standards and practices or a higher level of accreditation standards
developed by the council or the Commission on Accreditation for Law
Enforcement Agencies, Inc., pursuant to section 7-294ee, as amended by
this act;
Sec. 3. Subsection (a) of section 7-291d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) (1) No law enforcement unit, as defined in section 7-294a, shall
discharge, discipline, discriminate against or otherwise penalize a police
officer, as defined in section 7-294a, who is employed by such law Raised Bill No. 5351
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enforcement unit solely because the police officer (A) seeks or receives
mental health care services, [or] including such services as a result of a
behavioral health assessment conducted pursuant to section 7-291e, or
(B) surrenders his or her firearm, ammunition or electronic defense
weapon used in the performance of the police officer's official duties to
such law enforcement unit during the time the police officer receives
mental health care services.
(2) The provisions of this subsection shall not be applicable to a police
officer who [(1)] (A) seeks or receives mental health care services to
avoid disciplinary action by such law enforcement unit, or [(2)] (B)
refuses to submit himself or herself to an examination as provided in
subsection (b) of this section.
Sec. 4. (NEW) (Effective from passage) (a) Not later than July 1, 2023,
the Police Officer Standards and Training Council, after consultation
with persons with mental or physical disabilities and advocates on
behalf of such persons, shall develop a training curriculum for police
officers regarding interactions with persons who have mental or
physical disabilities.
(b) On and after October 1, 2023, each police basic or review training
program conducted or administered by the Police Officer Standards and
Training Council, the Division of State Police within the Department of
Emergency Services and Public Protection or a municipal police
department shall include the training curriculum developed pursuant
to subsection (a) of this section.
Sec. 5. Subdivision (6) of subsection (a) of section 29-6d of the 2022
supplement to the general statutes, as amended by section 19 of public
act 20-1 of the July special session, section 3 of public act 21-33 and
section 26 of public act 21-40, is repealed and the following is substituted
in lieu thereof (Effective July 1, 2022):
(6) "Police patrol vehicle" means any state or local police vehicle,
[other than] but does not include an administrative vehicle in which an
occupant is wearing body-worn camera equipment, a bicycle, a motor Raised Bill No. 5351
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scooter, an all-terrain vehicle, an electric personal assistive mobility
device, as defined in subsection (a) of section 14-289h, or an animal
control vehicle.
Sec. 6. Section 7-291c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) No law enforcement unit, as defined in section 7-294a, shall hire
any person as a police officer, as defined in said section, [7-294a,] who
was previously employed as a police officer by such unit or in any other
jurisdiction and who (1) was dismissed for malfeasance or other serious
misconduct calling into question such person's fitness to serve as a
police officer; or (2) resigned or retired from such officer's position while
under investigation for such malfeasance or other serious misconduct.
(b) Any law enforcement unit that has knowledge that any former
police officer of such unit who (1) (A) was dismissed for malfeasance or
other serious misconduct, or (B) resigned or retired from such officer's
position while under investigation for such malfeasance or other serious
misconduct; and (2) is an applicant for the position of police officer with
any other law enforcement unit, shall inform such other unit and the
Police Officer Standards and Training Council established under section
7-294b of such dismissal, resignation or retirement.
(c) The Police Officer Standards and Training Council shall not certify
any police officer who (1) was dismissed for malfeasance or other
serious misconduct, or (2) resigned or retired from such officer's
position while under investigation for malfeasance or other serious
misconduct.
[(c)] (d) The provisions of this section shall not apply to any police
officer who is exonerated of each allegation against such officer of such
malfeasance or other serious misconduct.
(e) The Police Officer Standards and Training Council may afford any
law enforcement unit prohibited from hiring a person as a police officer
pursuant to subsection (a) of this section and any police officer denied Raised Bill No. 5351
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certification pursuant to subsection (c) of this section an opportunity for
a hearing in accordance with the provisions of chapter 54 to determine
whether (1) the police officer was dismissed for such malfeasance or
other serious misconduct, (2) the police officer resigned or retired while
under investigation for such malfeasance or other serious misconduct,
(3) the police officer was exonerated of each allegation of such
malfeasance or other serious misconduct, or (4) the conduct at issue
constituted malfeasance or serious misconduct.
(f) Nothing in this section shall preclude the Police Officer Standards
and Training Council from suspending, cancelling or revoking the
certification of a police officer pursuant to subsection (c) of section 7-
294d.
[(d)] (g) For purposes of this section, (1) "malfeasance" means the
commonly approved usage of "malfeasance"; and (2) "serious
misconduct" means improper or illegal actions taken by a police officer
in connection with such officer's official duties that could result in a
miscarriage of justice, [or] discrimination or a gross deviation of the
generally accepted standards and behavior of a police officer, including,
but not limited to, (A) a conviction of a felony, (B) fabrication or
falsification of evidence, (C) [repeated] use of [excessive] physical force
in a manner found to not be justifiable after an investigation conducted
pursuant to section 51-277a, (D) acceptance of a bribe, [or] (E) the
commission of fraud, (F) failure to intervene or stop unreasonable,
excessive or illegal use of force by another police officer, or (G)
intimidation or harassment causing injury based upon actual or
perceived protected class membership, identity or expression.
Sec. 7. Section 7-294e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) Notwithstanding the provisions of any general statute or special
act or local law, ordinance or charter, [to the contrary,] each police
officer shall forfeit such officer's appointment and position unless
recertified by the council according to procedures and within the time Raised Bill No. 5351
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frame established by the council. Any sworn member of the Division of
State Police within the Department of Emergency Services and Public
Protection who is deemed certified under subsection (d) of section 7-
294d is required to apply for recertification by the council within the
time frame established by the council, unless such member retires from
said division within such time frame.
(b) The Police Officer Standards and Training Council may
recommend to the Commissioner of Emergency Services and Public
Protection any regulations it deems necessary to carry out the
provisions of section 7-291c, as amended by this act, 7-294a, subsection
(a) of section 7-294b, sections 7-294c and 7-294d, as amended by this act,
and this section, giving due consideration to the varying factors and
special requirements of law enforcement units.
(c) The Commissioner of Emergency Services and Public Protection
may adopt regulations, in accordance with the provisions of chapter 54,
as are necessary to implement the provisions of section 7-291c, as
amended by this act, 7-294a, subsection (a) of section 7-294b, sections 7-
294c and 7-294d, as amended by this act, and this section. Such
regulations shall be binding upon all law enforcement units.
Sec. 8. Section 7-294jj of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) For purposes of this section:
(1) "Law enforcement agency" means the Division of State Police
within the Department of Emergency Services and Public Protection or
any municipal police department; and
(2) "Controlled equipment" means military designed equipment
classified by the United States Department of Defense as part of the
federal 1033 program that is (A) a controlled firearm, ammunition,
bayonet, grenade launcher, grenade, including stun and flash-bang, or
an explosive, (B) a controlled vehicle, highly mobile multi-wheeled
vehicle, mine-resistant ambush-protected vehicle, truck, truck dump, Raised Bill No. 5351
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truck utility or truck carryall, (C) a drone that is armored or
weaponized, (D) controlled aircraft that is combat configured or combat
coded or has no established commercial flight application, (E) a silencer,
(F) a long-range acoustic device, or (G) an item in the federal supply
class of banned items.
(b) On and after July 31, 2020, no law enforcement agency may
acquire controlled equipment, except a municipal police department
may acquire controlled equipment provided (1) the municipal police
department holds a public hearing in the municipality it serves
concerning the proposed purchase of controlled equipment, and (2) the
Commissioner of Emergency Services and Public Protection approves
the proposed purchase in writing.
(c) Not later than December 31, 2020, each law enforcement agency
shall report, 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 its inventory of
controlled equipment possessed on July 31, 2020. As part of such report,
the agency shall include the use or proposed use of each item in its
inventory and whether such use or proposed use is necessary for the
operation and safety of the department or is for emergency response or
relief or rescue efforts in the case of a natural disaster or for other public
safety purposes.
(d) (1) The office of the Governor and the Commissioner of
Emergency Services and Public Protection may order a law enforcement
agency to lawfully sell, transfer or otherwise dispose of controlled
equipment they jointly find is unnecessary for public protection. A
municipal police department may request the office of the Governor and
the commissioner to reconsider such order. The office of the Governor
and the commissioner may jointly amend or rescind such order if the
police department has held a public hearing in the municipality it serves
concerning the proposed request for reconsideration and the
department demonstrates in its request for reconsideration that the use
or proposed use of the controlled equipment is necessary for the Raised Bill No. 5351
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operation and safety of the department or is for emergency response or
relief or rescue efforts in the case of a natural disaster or for other public
safety purposes. The provisions of this subdivision shall not apply to
controlled equipment purchased by a municipal police department
pursuant to the provisions of subsection (b) of this section.
(2) The office of the Governor and the Commissioner of Emergency
Services and Public Protection shall notify the joint standing committees
of the General Assembly having cognizance of matters relating to the
judiciary and public safety of controlled equipment that is ordered to be
sold, transferred or otherwise disposed of pursuant to subdivision (1) of
this subsection.
(e) No law enforcement agency [that is permitted to retain controlled
equipment] may use any such equipment for crowd management or
intimidation tactics.
Sec. 9. Subsection (d) of section 52-571k of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2022):
(d) (1) In any civil action brought under this section, governmental
immunity shall [only] be a defense to a claim for damages, [when]
unless, 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] deprived any person or class of persons of
the protections, privileges and immunities guaranteed under article first
of the Constitution of this state. A party may make an 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. Raised Bill No. 5351
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Sec. 10. Subsection (b) of section 14-283a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(b) (1) The Commissioner of Emergency Services and Public
Protection, in conjunction with the Chief State's Attorney, the Police
Officer Standards and Training Council, the Connecticut Police Chiefs
Association and the Connecticut Coalition of Police and Correctional
Officers, shall adopt, in accordance with the provisions of chapter 54, a
uniform, state-wide policy for handling pursuits by police officers. Such
policy shall specify: (A) The conditions under which a police officer may
engage in a pursuit and discontinue a pursuit, (B) alternative measures
to be employed by any such police officer in order to apprehend any
occupant of the fleeing motor vehicle or to impede the movement of
such motor vehicle, including permitting the use of stop sticks or a
similar tire-deflation device without requiring the officer to obtain prior
authorization for such use for the purpose of preventing a crime or
reckless driving, (C) the coordination and responsibility, including
control over the pursuit, of supervisory personnel and the police officer
engaged in such pursuit, (D) in the case of a pursuit that may proceed
and continue into another municipality, (i) the requirement to notify
and the procedures to be used to notify the police department in such
other municipality or, if there is no organized police department in such
other municipality, the officers responsible for law enforcement in such
other municipality, that there is a pursuit in progress, and (ii) the
coordination and responsibility of supervisory personnel in each such
municipality and the police officer engaged in such pursuit, (E) the type
and amount of training in pursuits, that each police officer shall
undergo, which may include training in vehicle simulators, if vehicle
simulator training is determined to be necessary, and (F) that a police
officer immediately notify supervisory personnel or the officer in charge
after the police officer begins a pursuit. The chief of police or
Commissioner of Emergency Services and Public Protection, as the case
may be, shall inform each officer within such chief's or said
commissioner's department and each officer responsible for law Raised Bill No. 5351
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enforcement in a municipality in which there is no such department of
the existence of the policy of pursuit to be employed by any such officer
and shall take whatever measures that are necessary to assure that each
such officer understands the pursuit policy established.
(2) Not later than January 1, 2021, and at least once during each five-
year period thereafter, the Commissioner of Emergency Services and
Public Protection, in conjunction with the Chief State's Attorney, the
Police Officer Standards and Training Council, the Connecticut Police
Chiefs Association and the Connecticut Coalition of Police and
Correctional Officers, shall adopt regulations in accordance with the
provisions of chapter 54, to update such policy adopted pursuant to
subdivision (1) of this subsection.
Sec. 11. Section 54-33o of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) (1) No law enforcement official may ask an operator of a motor
vehicle to conduct a search of a motor vehicle or the contents of the
motor vehicle that is stopped by a law enforcement official solely for a
motor vehicle violation, except as provided in subdivision (2) of this
subsection.
(2) Any search by a law enforcement official of a motor vehicle or the
contents of the motor vehicle that is stopped by a law enforcement
official solely for a motor vehicle violation shall be (A) based on
probable cause, (B) solicited consent by the operator of the vehicle if the
official has reasonable and articulable suspicion that weapons,
contraband or other evidence of a crime is contained within the motor
vehicle, provided such official complies with the provisions provided in
subdivision (3) of this subsection, or [(B)] (C) after having received the
unsolicited consent to such search from the operator of the motor
vehicle in written form or recorded by body-worn recording equipment
or a dashboard camera, each as defined in section 29-6d, as amended by
this act.
(3) Any law enforcement official who solicits consent of an operator Raised Bill No. 5351
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of a motor vehicle to search such vehicle 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. Such report shall be
completed not later than forty-eight hours after such solicitation of
consent.
(b) No law enforcement official may ask an operator of a motor
vehicle to provide any documentation or identification other than an
operator's license, motor vehicle registration, insurance identity card or
other documentation or identification directly related to the stop, when
the motor vehicle has been stopped solely for a motor vehicle violation,
unless there exists probable cause to believe that a felony or
misdemeanor offense has been committed or the operator has failed to
produce a valid operator's license.
Sec. 12. Subsection (a) of section 7-282e of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) (1) Any police officer, as defined in section 7-294a, who while
acting in such officer's law enforcement capacity, witnesses another
police officer use what the witnessing officer objectively knows to be
[unreasonable, excessive or] illegal use of force, shall intervene and
attempt to stop such other police officer from using such force. Any such
police officer who fails to intervene in such an incident may be
prosecuted and punished for the same acts in accordance with the
provisions of section 53a-8 as the police officer who used [unreasonable,
excessive or] illegal force. The provisions of this subdivision do not
apply to any witnessing officer who is operating in an undercover
capacity at the time he or she witnesses another officer use
[unreasonable, excessive or] illegal force.
(2) Any police officer who witnesses another police officer use what
the witnessing officer objectively knows to be [unreasonable, excessive Raised Bill No. 5351
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or] illegal use of force [or is otherwise aware of such use of force] by
another police officer shall report, as soon as is practicable, such use of
force to the law enforcement unit, as defined in section 7-294a, that
employs the police officer who used such force. Any police officer
required to report such an incident who fails to do so may be prosecuted
and punished in accordance with the provisions of sections 53a-165 to
53a-167, inclusive.
(3) No law enforcement unit employing a police officer who
intervenes in an incident pursuant to subdivision (1) of this subsection
or reports an incident pursuant to subdivision (2) of this subsection may
take any retaliatory personnel action or discriminate against such officer
because such police officer made such report and such intervening or
reporting police officer shall be protected by the provisions of section 4-
61dd or section 31-51m, as applicable.
Sec. 13. (Effective July 1, 2022) Any plan to improve or develop the
Department of Emergency Services and Public Protection's shooting
range in the town of Simsbury shall detail the sufficiency of any such
proposed improvements or developments in providing the State Police
safe and adequate training facilities and shall be submitted to the joint
standing committees of the General Assembly having cognizance of
matters relating to the judiciary, appropriations and the budgets of state
agencies, public safety and government administration. No funds shall
be expended by the Department of Emergency Services and Public
Protection or the Department of Administrative Services in furtherance
of such plan without approval by the majority of each such committee.
Sec. 14. Section 7-294r of the general statutes is repealed. (Effective
October 1, 2023)
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 7-294ee
Sec. 2 from passage 7-294d(a)(22)
Sec. 3 from passage 7-291d(a) Raised Bill No. 5351
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Sec. 4 from passage New section
Sec. 5 July 1, 2022 29-6d(a)(6)
Sec. 6 July 1, 2022 7-291c
Sec. 7 July 1, 2022 7-294e
Sec. 8 from passage 7-294jj
Sec. 9 July 1, 2022 52-571k(d)
Sec. 10 October 1, 2022 14-283a(b)
Sec. 11 October 1, 2022 54-33o
Sec. 12 October 1, 2022 7-282e(a)
Sec. 13 July 1, 2022 New section
Sec. 14 October 1, 2023 Repealer section
Statement of Purpose:
To revise statutes concerning police accreditation, certification, training,
immunity, use of military grade equipment and search and pursuit
statutes, and prohibit the improvement or development of the State
Police shooting range without a majority vote by certain legislative
committees.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]