Connecticut 2023 Regular Session

Connecticut House Bill HB06622 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Raised Bill No. 6622
	8	+	January Session, 2023
	9	+	LCO No. 3946
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	11	+
	12	+	Referred to Committee on PUBLIC SAFETY AND
	13	+	SECURITY
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	15	+
	16	+	Introduced by:
	17	+	(PS)
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4		-	House Bill No. 6622
5		-
6		-	Public Act No. 23-59
7		-
8		-
9	21		AN ACT CONCERNING CERTIFICATION OR ACCREDITATION
10		-	REQUIREMENT DEADLINES FOR A LAW ENFORCEMENT UNIT
11		-	~~THAT~~ SERVES A MUNICIPALITY AND CONSISTS SOLELY OF
	22	+	REQUIREMENT DEADLINES FOR A LAW ENFORCEMENT UNIT THAT
	23	+	SERVES A MUNICIPALITY AND CONSISTS SOLELY OF
12	24		CONSTABLES OR RESIDENT STATE TROOPERS.
13	25		Be it enacted by the Senate and House of Representatives in General
14	26		Assembly convened:
15	27
16		-	Section 1. Section 7-294ee of the general statutes is repealed and the
17		-	following is substituted in lieu thereof (Effective from passage):
18		-	(a) The Police Officer Standards and Training Council, established
19		-	under section 7-294b, and the Commissioner of Emergency Services and
20		-	Public Protection or the commissioner's designee, shall jointly develop,
21		-	adopt and revise, as necessary, minimum standards and practices for
22		-	the administration, management and operation of law enforcement
23		-	units, as defined in section 7-294a. Such minimum standards and
24		-	practices shall be based upon standards established by the International
25		-	Association of Chiefs of Police and the Commission on Accreditation for
26		-	Law Enforcement Agencies, Inc., and shall include, but need not be
27		-	limited to, standards and practices regarding bias-based policing, use of
28		-	force, response to crimes of family violence, use of body-worn recording
29		-	equipment, complaints that allege misconduct by police officers, use of
30		-	electronic defense weapons, eyewitness identification procedures,
31		-	notifications in death and related events and pursuits by police officers House Bill No. 6622
	28	+	Section 1. Section 7-294ee of the general statutes is repealed and the 1
	29	+	following is substituted in lieu thereof (Effective from passage): 2
	30	+	(a) The Police Officer Standards and Training Council, established 3
	31	+	under section 7-294b, and the Commissioner of Emergency Services 4
	32	+	and Public Protection or the commissioner's designee, shall jointly 5
	33	+	develop, adopt and revise, as necessary, minimum standards and 6
	34	+	practices for the administration, management and operation of law 7
	35	+	enforcement units, as defined in section 7-294a. Such minimum 8
	36	+	standards and practices shall be based upon standards established by 9
	37	+	the International Association of Chiefs of Police and the Commission 10
	38	+	on Accreditation for Law Enforcement Agencies, Inc., and shall 11
	39	+	include, but need not be limited to, standards and practices regarding 12
	40	+	bias-based policing, use of force, response to crimes of family violence, 13 Bill No. 6622
32	41
33		-	Public Act No. 23-59 2 of 4
34	42
35		-	and compliance with the guidance issued by the council pursuant to
36		-	subdivision (1) of subsection (g) of section 7-294d regarding reporting
37		-	procedures to be followed by chief law enforcement officers for
38		-	certificate suspension, cancellation or revocation. Not later than January
39		-	1, 2023, the council shall, within available appropriations, divide the
40		-	minimum standards and practices into three state-accreditation tiers, to
41		-	be known as tier one, tier two and tier three. Tier one shall consist of
42		-	minimum standards and practices designed to protect law enforcement
43		-	units from liability, enhance the delivery of services and improve public
44		-	confidence in law enforcement units. Tier two shall consist of minimum
45		-	standards and practices for the administration, management and
46		-	operation of law enforcement units. Tier three shall consist of higher
47		-	minimum standards and practices for the administration, management
48		-	and operation of law enforcement units. The council shall post the
49		-	minimum standards and practices of each tier on the council's Internet
50		-	web site and disseminate the minimum standards and practices of each
51		-	tier to law enforcement units. The council and commissioner or the
52		-	commissioner's designee shall jointly develop a process to review a law
53		-	enforcement unit's compliance with the minimum standards and
54		-	practices of each tier and issue a certificate of compliance with the
55		-	minimum standards and practices of tier one, tier two or tier three, as
56		-	the case may be, to a law enforcement unit that meets or exceeds the
57		-	minimum standards and practices of such tier.
58		-	(b) On and after January 1, 2019, and until December 31, 2022, each
59		-	law enforcement unit shall adopt and maintain (1) the minimum
60		-	standards and practices developed by the council pursuant to
61		-	subsection (a) of this section, or (2) a higher level of accreditation
62		-	standards developed by the council or the Commission on Accreditation
63		-	for Law Enforcement Agencies, Inc., except a law enforcement unit that
64		-	serves a municipality and consists solely of constables or resident state
65		-	troopers shall adopt and maintain such standards and practices or
66		-	accreditation on and after January 1, 2019, and until December 31, 2023. House Bill No. 6622
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68		-	Public Act No. 23-59 3 of 4
	47	+	use of body-worn recording equipment, complaints that allege 14
	48	+	misconduct by police officers, use of electronic defense weapons, 15
	49	+	eyewitness identification procedures, notifications in death and related 16
	50	+	events and pursuits by police officers and compliance with the 17
	51	+	guidance issued by the council pursuant to subdivision (1) of 18
	52	+	subsection (g) of section 7-294d regarding reporting procedures to be 19
	53	+	followed by chief law enforcement officers for certificate suspension, 20
	54	+	cancellation or revocation. Not later than January 1, 2023, the council 21
	55	+	shall, within available appropriations, divide the minimum standards 22
	56	+	and practices into three state-accreditation tiers, to be known as tier 23
	57	+	one, tier two and tier three. Tier one shall consist of minimum 24
	58	+	standards and practices designed to protect law enforcement units 25
	59	+	from liability, enhance the delivery of services and improve public 26
	60	+	confidence in law enforcement units. Tier two shall consist of 27
	61	+	minimum standards and practices for the administration, management 28
	62	+	and operation of law enforcement units. Tier three shall consist of 29
	63	+	higher minimum standards and practices for the administration, 30
	64	+	management and operation of law enforcement units. The council shall 31
	65	+	post the minimum standards and practices of each tier on the council's 32
	66	+	Internet web site and disseminate the minimum standards and 33
	67	+	practices of each tier to law enforcement units. The council and 34
	68	+	commissioner or the commissioner's designee shall jointly develop a 35
	69	+	process to review a law enforcement unit's compliance with the 36
	70	+	minimum standards and practices of each tier and issue a certificate of 37
	71	+	compliance with the minimum standards and practices of tier one, tier 38
	72	+	two or tier three, as the case may be, to a law enforcement unit that 39
	73	+	meets or exceeds the minimum standards and practices of such tier. 40
	74	+	(b) On and after January 1, 2019, and until December 31, 2022, each 41
	75	+	law enforcement unit shall adopt and maintain (1) the minimum 42
	76	+	standards and practices developed by the council pursuant to 43
	77	+	subsection (a) of this section, or (2) a higher level of accreditation 44
	78	+	standards developed by the council or the Commission on 45
	79	+	Accreditation for Law Enforcement Agencies, Inc., except a law 46
	80	+	enforcement unit that serves a municipality and consists solely of 47 Bill No. 6622
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70		-	(c) On and after January 1, 2023, and until December 31, 2023, each
71		-	law enforcement unit shall (1) be certified, at a minimum, as meeting the
72		-	requirements for state-accreditation tier one developed by the council
73		-	pursuant to subsection (a) of this section, or (2) meet a higher level of
74		-	accreditation standards developed by the Commission on Accreditation
75		-	for Law Enforcement Agencies, Inc., except a law enforcement unit that
76		-	serves a municipality and consists solely of constables or resident state
77		-	troopers shall be so certified or meet such accreditation standards on
78		-	and after January 1, 2024, and until December 31, 2024.
79		-	(d) On and after January 1, 2024, and until December 31, 2025, each
80		-	law enforcement unit shall (1) be certified, at a minimum, as meeting the
81		-	requirements for state-accreditation tiers one and two developed by the
82		-	council pursuant to subsection (a) of this section, or (2) meet a higher
83		-	level of accreditation standards developed by the Commission on
84		-	Accreditation for Law Enforcement Agencies, Inc., except a law
85		-	enforcement unit that serves a municipality and consists solely of
86		-	constables or resident state troopers shall be so certified or meet such
87		-	accreditation standards on and after January 1, 2025, and until
88		-	December 31, 2026.
89		-	(e) On and after January 1, 2026, each law enforcement unit shall (1)
90		-	be certified as meeting the requirements for state-accreditation tiers one,
91		-	two and three developed by the council pursuant to subsection (a) of
92		-	this section, or (2) meet a higher level of accreditation standards
93		-	developed by the Commission on Accreditation for Law Enforcement
94		-	Agencies, Inc., except a law enforcement unit that serves a municipality
95		-	and consists solely of constables or resident state troopers shall be so
96		-	certified or meet such accreditation standards on and after January 1,
97		-	2027.
98		-	(f) If a law enforcement unit fails to obtain or maintain the
99		-	appropriate certification for a state-accreditation tier or tiers or the
100		-	higher level of accreditation standards developed by the Commission House Bill No. 6622
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102		-	Public Act No. 23-59 4 of 4
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104		-	on Accreditation for Law Enforcement Agencies, Inc., as required by the
105		-	provisions of subsections (b) to (e), inclusive, of this section, the council
106		-	shall work with the law enforcement unit to obtain and maintain such
107		-	certification or accreditation standards.
108		-	(g) If a law enforcement unit fails to comply with the guidance issued
109		-	by the council pursuant to subdivision (1) of subsection (g) of section 7-
110		-	294d regarding reporting procedures to be followed by chief law
111		-	enforcement officers for certificate suspension, cancellation or
112		-	revocation, the council may revoke the certificate of compliance with the
113		-	appropriate state-accreditation tier or tiers, as the case may be, issued
114		-	pursuant to this section.
115		-	(h) No civil action may be brought against a law enforcement unit for
116		-	damages arising from the failure of the law enforcement unit to (1)
117		-	adopt and maintain such minimum standards and practices or a higher
118		-	level of accreditation standards pursuant to subsection (b) of this
119		-	section, or (2) obtain and maintain the appropriate certificate of
120		-	compliance with the appropriate state-accreditation tier or tiers or
121		-	accreditation by the Commission on Accreditation for Law Enforcement
122		-	Agencies, Inc., as required by subsections (c) to (e), inclusive, of this
123		-	section.
	87	+	constables or resident state troopers shall adopt and maintain such 48
	88	+	standards and practices or accreditation on and after January 1, 2019, 49
	89	+	and until December 31, 2023. 50
	90	+	(c) On and after January 1, 2023, and until December 31, 2023, each 51
	91	+	law enforcement unit shall (1) be certified, at a minimum, as meeting 52
	92	+	the requirements for state-accreditation tier one developed by the 53
	93	+	council pursuant to subsection (a) of this section, or (2) meet a higher 54
	94	+	level of accreditation standards developed by the Commission on 55
	95	+	Accreditation for Law Enforcement Agencies, Inc., except a law 56
	96	+	enforcement unit that serves a municipality and consists solely of 57
	97	+	constables or resident state troopers shall be so certified or meet such 58
	98	+	accreditation standards on and after January 1, 2024, and until 59
	99	+	December 31, 2024. 60
	100	+	(d) On and after January 1, 2024, and until December 31, 2025, each 61
	101	+	law enforcement unit shall (1) be certified, at a minimum, as meeting 62
	102	+	the requirements for state-accreditation tiers one and two developed 63
	103	+	by the council pursuant to subsection (a) of this section, or (2) meet a 64
	104	+	higher level of accreditation standards developed by the Commission 65
	105	+	on Accreditation for Law Enforcement Agencies, Inc., except a law 66
	106	+	enforcement unit that serves a municipality and consists solely of 67
	107	+	constables or resident state troopers shall be so certified or meet such 68
	108	+	accreditation standards on and after January 1, 2025, and until 69
	109	+	December 31, 2026. 70
	110	+	(e) On and after January 1, 2026, each law enforcement unit shall (1) 71
	111	+	be certified as meeting the requirements for state-accreditation tiers 72
	112	+	one, two and three developed by the council pursuant to subsection (a) 73
	113	+	of this section, or (2) meet a higher level of accreditation standards 74
	114	+	developed by the Commission on Accreditation for Law Enforcement 75
	115	+	Agencies, Inc., except a law enforcement unit that serves a 76
	116	+	municipality and consists solely of constables or resident state troopers 77
	117	+	shall be so certified or meet such accreditation standards on and after 78
	118	+	January 1, 2027. 79 Bill No. 6622
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	125	+	(f) If a law enforcement unit fails to obtain or maintain the 80
	126	+	appropriate certification for a state-accreditation tier or tiers or the 81
	127	+	higher level of accreditation standards developed by the Commission 82
	128	+	on Accreditation for Law Enforcement Agencies, Inc., as required by 83
	129	+	the provisions of subsections (b) to (e), inclusive, of this section, the 84
	130	+	council shall work with the law enforcement unit to obtain and 85
	131	+	maintain such certification or accreditation standards. 86
	132	+	(g) If a law enforcement unit fails to comply with the guidance 87
	133	+	issued by the council pursuant to subdivision (1) of subsection (g) of 88
	134	+	section 7-294d regarding reporting procedures to be followed by chief 89
	135	+	law enforcement officers for certificate suspension, cancellation or 90
	136	+	revocation, the council may revoke the certificate of compliance with 91
	137	+	the appropriate state-accreditation tier or tiers, as the case may be, 92
	138	+	issued pursuant to this section. 93
	139	+	(h) No civil action may be brought against a law enforcement unit 94
	140	+	for damages arising from the failure of the law enforcement unit to (1) 95
	141	+	adopt and maintain such minimum standards and practices or a higher 96
	142	+	level of accreditation standards pursuant to subsection (b) of this 97
	143	+	section, or (2) obtain and maintain the appropriate certificate of 98
	144	+	compliance with the appropriate state-accreditation tier or tiers or 99
	145	+	accreditation by the Commission on Accreditation for Law 100
	146	+	Enforcement Agencies, Inc., as required by subsections (c) to (e), 101
	147	+	inclusive, of this section. 102
	148	+	This act shall take effect as follows and shall amend the following
	149	+	sections:
	150	+
	151	+	Section 1 from passage 7-294ee
	152	+
	153	+	PS Joint Favorable
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