Connecticut 2022 Regular Session

Connecticut House Bill HB05351 Compare Versions

Only one version of the bill is available at this time.

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8	8	LCO No. 2613 1 of 15
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10	10	General Assembly Raised Bill No. 5351
11	11	February Session, 2022
12	12	LCO No. 2613
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15	15	Referred to Committee on JUDICIARY
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17	17
18	18	Introduced by:
19	19	(JUD)
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24	24	AN ACT REVISING VARIOUS POLICE ACCREDITATION,
25	25	CERTIFICATION, TRAINING, IMMUNITY, USE OF MILITARY GRADE
26	26	EQUIPMENT AND SEARCH AND PURSUIT STATUTES, AND
27	27	CONCERNING THE STATE POLICE SHOOTING RANGE.
28	28	Be it enacted by the Senate and House of Representatives in General
29	29	Assembly convened:
30	30
31	31	Section 1. Section 7-294ee of the general statutes is repealed and the
32	32	following is substituted in lieu thereof (Effective from passage):
33	33	(a) [Until December 31, 2024, the] The Police Officer Standards and
34	34	Training Council, established under section 7-294b, and the
35	35	Commissioner of Emergency Services and Public Protection or the
36	36	commissioner's designee, shall jointly develop, adopt and revise, as
37	37	necessary, minimum standards and practices for the administration,
38	38	[and] management and operation of law enforcement units, as defined
39	39	in section 7-294a. Such minimum standards and practices shall be based
40	40	upon standards established by the International Association of Chiefs of
41	41	Police and the Commission on Accreditation for Law Enforcement
42	42	Agencies, Inc., and shall include, but need not be limited to, standards Raised Bill No. 5351
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48	48	and practices regarding bias-based policing, use of force, response to
49	49	crimes of family violence, use of body-worn recording equipment,
50	50	complaints that allege misconduct by police officers, use of electronic
51	51	defense weapons, eyewitness identification procedures, notifications in
52	52	death and related events and pursuits by police officers and compliance
53	53	with the guidance issued by the council pursuant to subdivision (1) of
54	54	subsection (g) of section 7-294d regarding reporting procedures to be
55	55	followed by chief law enforcement officers for certificate suspension,
56	56	cancellation or revocation. Not later than January 1, 2023, the council
57	57	shall, within available appropriations, divide the minimum standards
58	58	and practices into three tiers, to be known as tier one, tier two and tier
59	59	three. Tier one shall consist of minimum standards and practices
60	60	designed to protect law enforcement units from liability, enhance the
61	61	delivery of services and improve public confidence in law enforcement
62	62	units. Tier two shall consist of minimum standards and practices for the
63	63	administration, management and operation of law enforcement units.
64	64	Tier three shall consist of higher minimum standards and practices for
65	65	the administration, management and operation of law enforcement
66	66	units. The council shall post [such] the minimum standards and
67	67	practices of each tier on the council's Internet web site and disseminate
68	68	[such] the minimum standards and practices of each tier to law
69	69	enforcement units. The council and commissioner or the commissioner's
70	70	designee shall jointly develop a process to review a law enforcement
71	71	unit's compliance with [such] the minimum standards and practices of
72	72	each tier and issue a certificate of compliance with [law enforcement]
73	73	the minimum standards and practices of tier one, tier two or tier three,
74	74	as the case may be, to a law enforcement unit that meets or exceeds
75	75	[such] the minimum standards and practices of such tier.
76	76	(b) On and after January 1, 2019, and until December 31, [2024] 2022,
77	77	each law enforcement unit shall adopt and maintain (1) the minimum
78	78	standards and practices developed by the council pursuant to
79	79	subsection (a) of this section, or (2) a higher level of accreditation
80	80	standards developed by the council or the Commission on Accreditation
81	81	for Law Enforcement Agencies, Inc. Raised Bill No. 5351
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87	87	(c) On and after January 1, 2023, and until December 31, 2023, each
88	88	law enforcement unit shall adopt and maintain (1) the minimum
89	89	standards and practices of tier one developed by the council pursuant
90	90	to subsection (a) of this section, or (2) a higher level of accreditation
91	91	standards developed by the council or the Commission on Accreditation
92	92	for Law Enforcement Agencies, Inc.
93	93	(d) On and after January 1, 2024, and until December 31, 2025, each
94	94	law enforcement unit shall adopt and maintain (1) the minimum
95	95	standards and practices of tier two developed by the council pursuant
96	96	to subsection (a) of this section, or (2) a higher level of accreditation
97	97	standards developed by the council or the Commission on Accreditation
98	98	for Law Enforcement Agencies, Inc.
99	99	[(c)] (e) On and after January 1, [2025] 2026, each law enforcement
100	100	unit shall [obtain and maintain accreditation] adopt and maintain (1) the
101	101	minimum standards and practices of tier three developed by the council
102	102	pursuant to subsection (a) of this section, or (2) a higher level of
103	103	accreditation standards developed by the Commission on Accreditation
104	104	for Law Enforcement Agencies, Inc.
105	105	(f) If a law enforcement unit fails to [obtain] adopt or maintain [such
106	106	accreditation] the minimum standards and practices or a higher level of
107	107	accreditation standards developed by the council or the Commission on
108	108	Accreditation for Law Enforcement Agencies, Inc., in accordance with
109	109	the provisions of subsections (b) to (e), inclusive, of this section, the
110	110	council shall work with the law enforcement unit to [obtain] assist such
111	111	unit to adopt and maintain [such] the minimum standards and practices
112	112	or the higher level of accreditation standards.
113	113	(g) If a law enforcement unit fails to comply with the guidance issued
114	114	by the council pursuant to subdivision (1) of subsection (g) of section 7-
115	115	294d regarding reporting procedures to be followed by chief law
116	116	enforcement officers for certificate suspension, cancellation or
117	117	revocation, the council may revoke the certificate of compliance with the
118	118	minimum standards and practices of tier one, tier two or tier three, as Raised Bill No. 5351
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121	121
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124	124	the case may be, issued pursuant to this section.
125	125	[(d)] (h) No civil action may be brought against a law enforcement
126	126	unit for damages arising from the failure of the law enforcement unit to
127	127	[(1)] adopt and maintain [such] the minimum standards and practices
128	128	or a higher level of accreditation standards developed by the council or
129	129	the Commission on Accreditation for Law Enforcement Agencies, Inc.,
130	130	pursuant to [subsection] subsections (b) to (e), inclusive, of this section.
131	131	[, or (2) obtain and maintain accreditation by the Commission on
132	132	Accreditation for Law Enforcement Agencies, Inc., pursuant to
133	133	subsection (c) of this section.]
134	134	Sec. 2. Subdivision (22) of subsection (a) of section 7-294d of the 2022
135	135	supplement to the general statutes is repealed and the following is
136	136	substituted in lieu thereof (Effective from passage):
137	137	(22) (A) [Until December 31, 2024, to] To develop, adopt and revise,
138	138	as necessary, comprehensive accreditation standards for the
139	139	administration and management of law enforcement units, to grant
140	140	accreditation to those law enforcement units that demonstrate their
141	141	compliance with such standards and, at the request and expense of any
142	142	law enforcement unit, to conduct such surveys as may be necessary to
143	143	determine such unit's compliance with such standards; and (B) [on and
144	144	after January 1, 2025,] to work with any law enforcement unit that has
145	145	failed to [obtain] adopt or maintain [accreditation from] the minimum
146	146	standards and practices or a higher level of accreditation standards
147	147	developed by the council or the Commission on Accreditation for Law
148	148	Enforcement Agencies, Inc., pursuant to section 7-294ee, as amended by
149	149	this act;
150	150	Sec. 3. Subsection (a) of section 7-291d of the general statutes is
151	151	repealed and the following is substituted in lieu thereof (Effective from
152	152	passage):
153	153	(a) (1) No law enforcement unit, as defined in section 7-294a, shall
154	154	discharge, discipline, discriminate against or otherwise penalize a police
155	155	officer, as defined in section 7-294a, who is employed by such law Raised Bill No. 5351
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158	158
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161	161	enforcement unit solely because the police officer (A) seeks or receives
162	162	mental health care services, [or] including such services as a result of a
163	163	behavioral health assessment conducted pursuant to section 7-291e, or
164	164	(B) surrenders his or her firearm, ammunition or electronic defense
165	165	weapon used in the performance of the police officer's official duties to
166	166	such law enforcement unit during the time the police officer receives
167	167	mental health care services.
168	168	(2) The provisions of this subsection shall not be applicable to a police
169	169	officer who [(1)] (A) seeks or receives mental health care services to
170	170	avoid disciplinary action by such law enforcement unit, or [(2)] (B)
171	171	refuses to submit himself or herself to an examination as provided in
172	172	subsection (b) of this section.
173	173	Sec. 4. (NEW) (Effective from passage) (a) Not later than July 1, 2023,
174	174	the Police Officer Standards and Training Council, after consultation
175	175	with persons with mental or physical disabilities and advocates on
176	176	behalf of such persons, shall develop a training curriculum for police
177	177	officers regarding interactions with persons who have mental or
178	178	physical disabilities.
179	179	(b) On and after October 1, 2023, each police basic or review training
180	180	program conducted or administered by the Police Officer Standards and
181	181	Training Council, the Division of State Police within the Department of
182	182	Emergency Services and Public Protection or a municipal police
183	183	department shall include the training curriculum developed pursuant
184	184	to subsection (a) of this section.
185	185	Sec. 5. Subdivision (6) of subsection (a) of section 29-6d of the 2022
186	186	supplement to the general statutes, as amended by section 19 of public
187	187	act 20-1 of the July special session, section 3 of public act 21-33 and
188	188	section 26 of public act 21-40, is repealed and the following is substituted
189	189	in lieu thereof (Effective July 1, 2022):
190	190	(6) "Police patrol vehicle" means any state or local police vehicle,
191	191	[other than] but does not include an administrative vehicle in which an
192	192	occupant is wearing body-worn camera equipment, a bicycle, a motor Raised Bill No. 5351
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195	195
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197	197
198	198	scooter, an all-terrain vehicle, an electric personal assistive mobility
199	199	device, as defined in subsection (a) of section 14-289h, or an animal
200	200	control vehicle.
201	201	Sec. 6. Section 7-291c of the general statutes is repealed and the
202	202	following is substituted in lieu thereof (Effective July 1, 2022):
203	203	(a) No law enforcement unit, as defined in section 7-294a, shall hire
204	204	any person as a police officer, as defined in said section, [7-294a,] who
205	205	was previously employed as a police officer by such unit or in any other
206	206	jurisdiction and who (1) was dismissed for malfeasance or other serious
207	207	misconduct calling into question such person's fitness to serve as a
208	208	police officer; or (2) resigned or retired from such officer's position while
209	209	under investigation for such malfeasance or other serious misconduct.
210	210	(b) Any law enforcement unit that has knowledge that any former
211	211	police officer of such unit who (1) (A) was dismissed for malfeasance or
212	212	other serious misconduct, or (B) resigned or retired from such officer's
213	213	position while under investigation for such malfeasance or other serious
214	214	misconduct; and (2) is an applicant for the position of police officer with
215	215	any other law enforcement unit, shall inform such other unit and the
216	216	Police Officer Standards and Training Council established under section
217	217	7-294b of such dismissal, resignation or retirement.
218	218	(c) The Police Officer Standards and Training Council shall not certify
219	219	any police officer who (1) was dismissed for malfeasance or other
220	220	serious misconduct, or (2) resigned or retired from such officer's
221	221	position while under investigation for malfeasance or other serious
222	222	misconduct.
223	223	[(c)] (d) The provisions of this section shall not apply to any police
224	224	officer who is exonerated of each allegation against such officer of such
225	225	malfeasance or other serious misconduct.
226	226	(e) The Police Officer Standards and Training Council may afford any
227	227	law enforcement unit prohibited from hiring a person as a police officer
228	228	pursuant to subsection (a) of this section and any police officer denied Raised Bill No. 5351
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234	234	certification pursuant to subsection (c) of this section an opportunity for
235	235	a hearing in accordance with the provisions of chapter 54 to determine
236	236	whether (1) the police officer was dismissed for such malfeasance or
237	237	other serious misconduct, (2) the police officer resigned or retired while
238	238	under investigation for such malfeasance or other serious misconduct,
239	239	(3) the police officer was exonerated of each allegation of such
240	240	malfeasance or other serious misconduct, or (4) the conduct at issue
241	241	constituted malfeasance or serious misconduct.
242	242	(f) Nothing in this section shall preclude the Police Officer Standards
243	243	and Training Council from suspending, cancelling or revoking the
244	244	certification of a police officer pursuant to subsection (c) of section 7-
245	245	294d.
246	246	[(d)] (g) For purposes of this section, (1) "malfeasance" means the
247	247	commonly approved usage of "malfeasance"; and (2) "serious
248	248	misconduct" means improper or illegal actions taken by a police officer
249	249	in connection with such officer's official duties that could result in a
250	250	miscarriage of justice, [or] discrimination or a gross deviation of the
251	251	generally accepted standards and behavior of a police officer, including,
252	252	but not limited to, (A) a conviction of a felony, (B) fabrication or
253	253	falsification of evidence, (C) [repeated] use of [excessive] physical force
254	254	in a manner found to not be justifiable after an investigation conducted
255	255	pursuant to section 51-277a, (D) acceptance of a bribe, [or] (E) the
256	256	commission of fraud, (F) failure to intervene or stop unreasonable,
257	257	excessive or illegal use of force by another police officer, or (G)
258	258	intimidation or harassment causing injury based upon actual or
259	259	perceived protected class membership, identity or expression.
260	260	Sec. 7. Section 7-294e of the general statutes is repealed and the
261	261	following is substituted in lieu thereof (Effective July 1, 2022):
262	262	(a) Notwithstanding the provisions of any general statute or special
263	263	act or local law, ordinance or charter, [to the contrary,] each police
264	264	officer shall forfeit such officer's appointment and position unless
265	265	recertified by the council according to procedures and within the time Raised Bill No. 5351
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271	271	frame established by the council. Any sworn member of the Division of
272	272	State Police within the Department of Emergency Services and Public
273	273	Protection who is deemed certified under subsection (d) of section 7-
274	274	294d is required to apply for recertification by the council within the
275	275	time frame established by the council, unless such member retires from
276	276	said division within such time frame.
277	277	(b) The Police Officer Standards and Training Council may
278	278	recommend to the Commissioner of Emergency Services and Public
279	279	Protection any regulations it deems necessary to carry out the
280	280	provisions of section 7-291c, as amended by this act, 7-294a, subsection
281	281	(a) of section 7-294b, sections 7-294c and 7-294d, as amended by this act,
282	282	and this section, giving due consideration to the varying factors and
283	283	special requirements of law enforcement units.
284	284	(c) The Commissioner of Emergency Services and Public Protection
285	285	may adopt regulations, in accordance with the provisions of chapter 54,
286	286	as are necessary to implement the provisions of section 7-291c, as
287	287	amended by this act, 7-294a, subsection (a) of section 7-294b, sections 7-
288	288	294c and 7-294d, as amended by this act, and this section. Such
289	289	regulations shall be binding upon all law enforcement units.
290	290	Sec. 8. Section 7-294jj of the general statutes is repealed and the
291	291	following is substituted in lieu thereof (Effective from passage):
292	292	(a) For purposes of this section:
293	293	(1) "Law enforcement agency" means the Division of State Police
294	294	within the Department of Emergency Services and Public Protection or
295	295	any municipal police department; and
296	296	(2) "Controlled equipment" means military designed equipment
297	297	classified by the United States Department of Defense as part of the
298	298	federal 1033 program that is (A) a controlled firearm, ammunition,
299	299	bayonet, grenade launcher, grenade, including stun and flash-bang, or
300	300	an explosive, (B) a controlled vehicle, highly mobile multi-wheeled
301	301	vehicle, mine-resistant ambush-protected vehicle, truck, truck dump, Raised Bill No. 5351
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307	307	truck utility or truck carryall, (C) a drone that is armored or
308	308	weaponized, (D) controlled aircraft that is combat configured or combat
309	309	coded or has no established commercial flight application, (E) a silencer,
310	310	(F) a long-range acoustic device, or (G) an item in the federal supply
311	311	class of banned items.
312	312	(b) On and after July 31, 2020, no law enforcement agency may
313	313	acquire controlled equipment, except a municipal police department
314	314	may acquire controlled equipment provided (1) the municipal police
315	315	department holds a public hearing in the municipality it serves
316	316	concerning the proposed purchase of controlled equipment, and (2) the
317	317	Commissioner of Emergency Services and Public Protection approves
318	318	the proposed purchase in writing.
319	319	(c) Not later than December 31, 2020, each law enforcement agency
320	320	shall report, in accordance with the provisions of section 11-4a, to the
321	321	joint standing committees of the General Assembly having cognizance
322	322	of matters relating to the judiciary and public safety its inventory of
323	323	controlled equipment possessed on July 31, 2020. As part of such report,
324	324	the agency shall include the use or proposed use of each item in its
325	325	inventory and whether such use or proposed use is necessary for the
326	326	operation and safety of the department or is for emergency response or
327	327	relief or rescue efforts in the case of a natural disaster or for other public
328	328	safety purposes.
329	329	(d) (1) The office of the Governor and the Commissioner of
330	330	Emergency Services and Public Protection may order a law enforcement
331	331	agency to lawfully sell, transfer or otherwise dispose of controlled
332	332	equipment they jointly find is unnecessary for public protection. A
333	333	municipal police department may request the office of the Governor and
334	334	the commissioner to reconsider such order. The office of the Governor
335	335	and the commissioner may jointly amend or rescind such order if the
336	336	police department has held a public hearing in the municipality it serves
337	337	concerning the proposed request for reconsideration and the
338	338	department demonstrates in its request for reconsideration that the use
339	339	or proposed use of the controlled equipment is necessary for the Raised Bill No. 5351
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345	345	operation and safety of the department or is for emergency response or
346	346	relief or rescue efforts in the case of a natural disaster or for other public
347	347	safety purposes. The provisions of this subdivision shall not apply to
348	348	controlled equipment purchased by a municipal police department
349	349	pursuant to the provisions of subsection (b) of this section.
350	350	(2) The office of the Governor and the Commissioner of Emergency
351	351	Services and Public Protection shall notify the joint standing committees
352	352	of the General Assembly having cognizance of matters relating to the
353	353	judiciary and public safety of controlled equipment that is ordered to be
354	354	sold, transferred or otherwise disposed of pursuant to subdivision (1) of
355	355	this subsection.
356	356	(e) No law enforcement agency [that is permitted to retain controlled
357	357	equipment] may use any such equipment for crowd management or
358	358	intimidation tactics.
359	359	Sec. 9. Subsection (d) of section 52-571k of the 2022 supplement to the
360	360	general statutes is repealed and the following is substituted in lieu
361	361	thereof (Effective July 1, 2022):
362	362	(d) (1) In any civil action brought under this section, governmental
363	363	immunity shall [only] be a defense to a claim for damages, [when]
364	364	unless, at the time of the conduct complained of, the police officer [had
365	365	an objectively good faith belief that such officer's conduct did not violate
366	366	the law. There shall be no] deprived any person or class of persons of
367	367	the protections, privileges and immunities guaranteed under article first
368	368	of the Constitution of this state. A party may make an interlocutory
369	369	appeal of a trial court's denial of the application of the defense of
370	370	governmental immunity. Governmental immunity shall not be a
371	371	defense in a civil action brought solely for equitable relief.
372	372	(2) In any civil action brought under this section, the trier of fact may
373	373	draw an adverse inference from a police officer's deliberate failure, in
374	374	violation of section 29-6d, as amended by this act, to record any event
375	375	that is relevant to such action. Raised Bill No. 5351
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381	381	Sec. 10. Subsection (b) of section 14-283a of the general statutes is
382	382	repealed and the following is substituted in lieu thereof (Effective October
383	383	1, 2022):
384	384	(b) (1) The Commissioner of Emergency Services and Public
385	385	Protection, in conjunction with the Chief State's Attorney, the Police
386	386	Officer Standards and Training Council, the Connecticut Police Chiefs
387	387	Association and the Connecticut Coalition of Police and Correctional
388	388	Officers, shall adopt, in accordance with the provisions of chapter 54, a
389	389	uniform, state-wide policy for handling pursuits by police officers. Such
390	390	policy shall specify: (A) The conditions under which a police officer may
391	391	engage in a pursuit and discontinue a pursuit, (B) alternative measures
392	392	to be employed by any such police officer in order to apprehend any
393	393	occupant of the fleeing motor vehicle or to impede the movement of
394	394	such motor vehicle, including permitting the use of stop sticks or a
395	395	similar tire-deflation device without requiring the officer to obtain prior
396	396	authorization for such use for the purpose of preventing a crime or
397	397	reckless driving, (C) the coordination and responsibility, including
398	398	control over the pursuit, of supervisory personnel and the police officer
399	399	engaged in such pursuit, (D) in the case of a pursuit that may proceed
400	400	and continue into another municipality, (i) the requirement to notify
401	401	and the procedures to be used to notify the police department in such
402	402	other municipality or, if there is no organized police department in such
403	403	other municipality, the officers responsible for law enforcement in such
404	404	other municipality, that there is a pursuit in progress, and (ii) the
405	405	coordination and responsibility of supervisory personnel in each such
406	406	municipality and the police officer engaged in such pursuit, (E) the type
407	407	and amount of training in pursuits, that each police officer shall
408	408	undergo, which may include training in vehicle simulators, if vehicle
409	409	simulator training is determined to be necessary, and (F) that a police
410	410	officer immediately notify supervisory personnel or the officer in charge
411	411	after the police officer begins a pursuit. The chief of police or
412	412	Commissioner of Emergency Services and Public Protection, as the case
413	413	may be, shall inform each officer within such chief's or said
414	414	commissioner's department and each officer responsible for law Raised Bill No. 5351
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420	420	enforcement in a municipality in which there is no such department of
421	421	the existence of the policy of pursuit to be employed by any such officer
422	422	and shall take whatever measures that are necessary to assure that each
423	423	such officer understands the pursuit policy established.
424	424	(2) Not later than January 1, 2021, and at least once during each five-
425	425	year period thereafter, the Commissioner of Emergency Services and
426	426	Public Protection, in conjunction with the Chief State's Attorney, the
427	427	Police Officer Standards and Training Council, the Connecticut Police
428	428	Chiefs Association and the Connecticut Coalition of Police and
429	429	Correctional Officers, shall adopt regulations in accordance with the
430	430	provisions of chapter 54, to update such policy adopted pursuant to
431	431	subdivision (1) of this subsection.
432	432	Sec. 11. Section 54-33o of the general statutes is repealed and the
433	433	following is substituted in lieu thereof (Effective October 1, 2022):
434	434	(a) (1) No law enforcement official may ask an operator of a motor
435	435	vehicle to conduct a search of a motor vehicle or the contents of the
436	436	motor vehicle that is stopped by a law enforcement official solely for a
437	437	motor vehicle violation, except as provided in subdivision (2) of this
438	438	subsection.
439	439	(2) Any search by a law enforcement official of a motor vehicle or the
440	440	contents of the motor vehicle that is stopped by a law enforcement
441	441	official solely for a motor vehicle violation shall be (A) based on
442	442	probable cause, (B) solicited consent by the operator of the vehicle if the
443	443	official has reasonable and articulable suspicion that weapons,
444	444	contraband or other evidence of a crime is contained within the motor
445	445	vehicle, provided such official complies with the provisions provided in
446	446	subdivision (3) of this subsection, or [(B)] (C) after having received the
447	447	unsolicited consent to such search from the operator of the motor
448	448	vehicle in written form or recorded by body-worn recording equipment
449	449	or a dashboard camera, each as defined in section 29-6d, as amended by
450	450	this act.
451	451	(3) Any law enforcement official who solicits consent of an operator Raised Bill No. 5351
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457	457	of a motor vehicle to search such vehicle shall, whether or not the
458	458	consent is granted, complete a police report documenting the reasonable
459	459	and articulable suspicion for the solicitation of consent, or the facts and
460	460	circumstances that support the search being reasonably necessary to
461	461	further an ongoing law enforcement investigation. Such report shall be
462	462	completed not later than forty-eight hours after such solicitation of
463	463	consent.
464	464	(b) No law enforcement official may ask an operator of a motor
465	465	vehicle to provide any documentation or identification other than an
466	466	operator's license, motor vehicle registration, insurance identity card or
467	467	other documentation or identification directly related to the stop, when
468	468	the motor vehicle has been stopped solely for a motor vehicle violation,
469	469	unless there exists probable cause to believe that a felony or
470	470	misdemeanor offense has been committed or the operator has failed to
471	471	produce a valid operator's license.
472	472	Sec. 12. Subsection (a) of section 7-282e of the 2022 supplement to the
473	473	general statutes is repealed and the following is substituted in lieu
474	474	thereof (Effective October 1, 2022):
475	475	(a) (1) Any police officer, as defined in section 7-294a, who while
476	476	acting in such officer's law enforcement capacity, witnesses another
477	477	police officer use what the witnessing officer objectively knows to be
478	478	[unreasonable, excessive or] illegal use of force, shall intervene and
479	479	attempt to stop such other police officer from using such force. Any such
480	480	police officer who fails to intervene in such an incident may be
481	481	prosecuted and punished for the same acts in accordance with the
482	482	provisions of section 53a-8 as the police officer who used [unreasonable,
483	483	excessive or] illegal force. The provisions of this subdivision do not
484	484	apply to any witnessing officer who is operating in an undercover
485	485	capacity at the time he or she witnesses another officer use
486	486	[unreasonable, excessive or] illegal force.
487	487	(2) Any police officer who witnesses another police officer use what
488	488	the witnessing officer objectively knows to be [unreasonable, excessive Raised Bill No. 5351
489	489
490	490
491	491
492	492	LCO No. 2613 14 of 15
493	493
494	494	or] illegal use of force [or is otherwise aware of such use of force] by
495	495	another police officer shall report, as soon as is practicable, such use of
496	496	force to the law enforcement unit, as defined in section 7-294a, that
497	497	employs the police officer who used such force. Any police officer
498	498	required to report such an incident who fails to do so may be prosecuted
499	499	and punished in accordance with the provisions of sections 53a-165 to
500	500	53a-167, inclusive.
501	501	(3) No law enforcement unit employing a police officer who
502	502	intervenes in an incident pursuant to subdivision (1) of this subsection
503	503	or reports an incident pursuant to subdivision (2) of this subsection may
504	504	take any retaliatory personnel action or discriminate against such officer
505	505	because such police officer made such report and such intervening or
506	506	reporting police officer shall be protected by the provisions of section 4-
507	507	61dd or section 31-51m, as applicable.
508	508	Sec. 13. (Effective July 1, 2022) Any plan to improve or develop the
509	509	Department of Emergency Services and Public Protection's shooting
510	510	range in the town of Simsbury shall detail the sufficiency of any such
511	511	proposed improvements or developments in providing the State Police
512	512	safe and adequate training facilities and shall be submitted to the joint
513	513	standing committees of the General Assembly having cognizance of
514	514	matters relating to the judiciary, appropriations and the budgets of state
515	515	agencies, public safety and government administration. No funds shall
516	516	be expended by the Department of Emergency Services and Public
517	517	Protection or the Department of Administrative Services in furtherance
518	518	of such plan without approval by the majority of each such committee.
519	519	Sec. 14. Section 7-294r of the general statutes is repealed. (Effective
520	520	October 1, 2023)
521	521	This act shall take effect as follows and shall amend the following
522	522	sections:
523	523
524	524	Section 1 from passage 7-294ee
525	525	Sec. 2 from passage 7-294d(a)(22)
526	526	Sec. 3 from passage 7-291d(a) Raised Bill No. 5351
527	527
528	528
529	529
530	530	LCO No. 2613 15 of 15
531	531
532	532	Sec. 4 from passage New section
533	533	Sec. 5 July 1, 2022 29-6d(a)(6)
534	534	Sec. 6 July 1, 2022 7-291c
535	535	Sec. 7 July 1, 2022 7-294e
536	536	Sec. 8 from passage 7-294jj
537	537	Sec. 9 July 1, 2022 52-571k(d)
538	538	Sec. 10 October 1, 2022 14-283a(b)
539	539	Sec. 11 October 1, 2022 54-33o
540	540	Sec. 12 October 1, 2022 7-282e(a)
541	541	Sec. 13 July 1, 2022 New section
542	542	Sec. 14 October 1, 2023 Repealer section
543	543
544	544	Statement of Purpose:
545	545	To revise statutes concerning police accreditation, certification, training,
546	546	immunity, use of military grade equipment and search and pursuit
547	547	statutes, and prohibit the improvement or development of the State
548	548	Police shooting range without a majority vote by certain legislative
549	549	committees.
550	550	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
551	551	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
552	552	underlined.]
553	553