Connecticut 2023 Regular Session

Connecticut House Bill HB06840 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-R01-
	4	+	HB.docx
	5	+	1 of 11
	6	+
	7	+	General Assembly Substitute Bill No. 6840
	8	+	January Session, 2023
1	9
2	10
3	11
4		-	Substitute House Bill No. 6840
5		-
6		-	Public Act No. 23-86
7	12
8	13
9	14		AN ACT EXPANDING MEMBERSHIP OF THE POLICE OFFICER
10		-	STANDARDS AND TRAINING COUNCIL.
	15	+	STANDARDS AND TRAINING COUNCIL, REQUIRING GUIDELINES
	16	+	REGARDING BODY -WORN RECORDING EQUIPMENT AND
	17	+	REQUIRING A REPORT REGARDING CONDUCT THAT UNDERMINES
	18	+	PUBLIC CONFIDENCE IN LAW ENFORCEMENT.
11	19		Be it enacted by the Senate and House of Representatives in General
12	20		Assembly convened:
13	21
14		-	Section 1. Section 7-294b of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective January 1, 2024):
16		-	(a) There shall be a Police Officer Standards and Training Council
17		-	which shall be within the Department of Emergency Services and Public
18		-	Protection. [Until December 31, 2020, the council shall consist of the
19		-	following members appointed by the Governor: (1) A chief
20		-	administrative officer of a town or city in Connecticut; (2) the chief
21		-	elected official or chief executive officer of a town or city in Connecticut
22		-	with a population under twelve thousand which does not have an
23		-	organized police department; (3) a member of the faculty of The
24		-	University of Connecticut; (4) eight members of the Connecticut Police
25		-	Chiefs Association who are holding office or employed as chief of police
26		-	or the highest ranking professional police officer of an organized police
27		-	department of a municipality within the state; (5) the Chief State's
28		-	Attorney; (6) a sworn municipal police officer whose rank is sergeant or
29		-	lower; and (7) five public members.]
30		-	(b) [On and after January 1, 2021, the] The council shall consist of the Substitute House Bill No. 6840
	22	+	Section 1. Section 7-294b of the general statutes is repealed and the 1
	23	+	following is substituted in lieu thereof (Effective January 1, 2024): 2
	24	+	(a) There shall be a Police Officer Standards and Training Council 3
	25	+	which shall be within the Department of Emergency Services and 4
	26	+	Public Protection. [Until December 31, 2020, the council shall consist of 5
	27	+	the following members appointed by the Governor: (1) A chief 6
	28	+	administrative officer of a town or city in Connecticut; (2) the chief 7
	29	+	elected official or chief executive officer of a town or city in 8
	30	+	Connecticut with a population under twelve thousand which does not 9
	31	+	have an organized police department; (3) a member of the faculty of 10
	32	+	The University of Connecticut; (4) eight members of the Connecticut 11
	33	+	Police Chiefs Association who are holding office or employed as chief 12
	34	+	of police or the highest ranking professional police officer of an 13
	35	+	organized police department of a municipality within the state; (5) the 14
	36	+	Chief State's Attorney; (6) a sworn municipal police officer whose rank 15
	37	+	is sergeant or lower; and (7) five public members.] 16 Substitute Bill No. 6840
31	38
32		-	Public Act No. 23-86 2 of 5
33	39
34		-	following members:
35		-	(1) The chief elected official or chief executive officer of a town or city
36		-	within the state with a population in excess of fifty thousand, appointed
37		-	by the Governor;
38		-	(2) The chief elected official or chief executive officer of a town or city
39		-	within the state with a population of fifty thousand or less, appointed
40		-	by the Governor;
41		-	(3) A member of the faculty of an institution of higher education in
42		-	the state who has a background in criminal justice studies, appointed by
43		-	the Governor;
44		-	(4) A member of the Connecticut Police Chiefs Association who is
45		-	holding office or employed as the chief of police, the deputy chief of
46		-	police or a senior ranking professional police officer of an organized
47		-	police department of a municipality within the state with a population
48		-	in excess of one hundred thousand, appointed by the Governor;
49		-	(5) A member of the Connecticut Police Chiefs Association who is
50		-	holding office or employed as chief of police or the highest ranking
51		-	professional police officer of an organized police department of a
52		-	municipality within the state with a population in excess of sixty
53		-	thousand but not exceeding one hundred thousand, appointed by the
54		-	Governor;
55		-	(6) A member of the Connecticut Police Chiefs Association who is
56		-	holding office or employed as chief of police or the highest ranking
57		-	professional police officer of an organized police department of a
58		-	municipality within the state with a population in excess of thirty-five
59		-	thousand but not exceeding sixty thousand, appointed by the Governor;
60		-	(7) A sworn municipal police officer from a municipality within the
61		-	state with a population exceeding fifty thousand, appointed by the Substitute House Bill No. 6840
	40	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	41	+	R01-HB.docx }
	42	+	2 of 11
62	43
63		-	Public Act No. 23-86 3 of 5
	44	+	(b) [On and after January 1, 2021, the] The council shall consist of 17
	45	+	the following members: 18
	46	+	(1) The chief elected official or chief executive officer of a town or 19
	47	+	city within the state with a population in excess of fifty thousand, 20
	48	+	appointed by the Governor; 21
	49	+	(2) The chief elected official or chief executive officer of a town or 22
	50	+	city within the state with a population of fifty thousand or less, 23
	51	+	appointed by the Governor; 24
	52	+	(3) A member of the faculty of an institution of higher education in 25
	53	+	the state who has a background in criminal justice studies, appointed 26
	54	+	by the Governor; 27
	55	+	(4) A member of the Connecticut Police Chiefs Association who is 28
	56	+	holding office or employed as the chief of police, the deputy chief of 29
	57	+	police or a senior ranking professional police officer of an organized 30
	58	+	police department of a municipality within the state with a population 31
	59	+	in excess of one hundred thousand, appointed by the Governor; 32
	60	+	(5) A member of the Connecticut Police Chiefs Association who is 33
	61	+	holding office or employed as chief of police or the highest ranking 34
	62	+	professional police officer of an organized police department of a 35
	63	+	municipality within the state with a population in excess of sixty 36
	64	+	thousand but not exceeding one hundred thousand, appointed by the 37
	65	+	Governor; 38
	66	+	(6) A member of the Connecticut Police Chiefs Association who is 39
	67	+	holding office or employed as chief of police or the highest ranking 40
	68	+	professional police officer of an organized police department of a 41
	69	+	municipality within the state with a population in excess of thirty-five 42
	70	+	thousand but not exceeding sixty thousand, appointed by the 43
	71	+	Governor; 44
	72	+	(7) A sworn municipal police officer from a municipality within the 45
	73	+	state with a population exceeding fifty thousand, appointed by the 46 Substitute Bill No. 6840
64	74
65		-	Governor;
66		-	(8) A sworn municipal police officer from a municipality within the
67		-	state with a population not exceeding fifty thousand, appointed by the
68		-	Governor;
69		-	(9) The commanding officer of the Connecticut State Police Academy;
70		-	(10) A member of the public, who is a person with a physical
71		-	disability or an advocate on behalf of persons with physical disabilities,
72		-	appointed by the Governor;
73		-	(11) A victim of crime or the immediate family member of a deceased
74		-	victim of crime, appointed by the Governor;
75		-	(12) A medical professional, appointed by the Governor;
76		-	(13) The Chief State's Attorney;
77		-	(14) A member of the Connecticut Police Chiefs Association or the
78		-	person holding office or employed as chief of police or the highest
79		-	ranking professional police officer of an organized police department
80		-	within the state, appointed by the speaker of the House of
81		-	Representatives;
82		-	(15) A member of the Connecticut Police Chiefs Association or the
83		-	person holding office or employed as chief of police or the highest
84		-	ranking professional police officer of an organized police department
85		-	within the state, appointed by the president pro tempore of the Senate;
86		-	(16) A member of the Connecticut Police Chiefs Association who is
87		-	holding office or employed as chief of police or the highest ranking
88		-	professional police officer of an organized police department of a
89		-	municipality within the state with a population not exceeding thirty-five
90		-	thousand, appointed by the minority leader of the Senate; Substitute House Bill No. 6840
91	75
92		-	Public Act No. 23-86 4 of 5
	76	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	77	+	R01-HB.docx }
	78	+	3 of 11
93	79
94		-	(17) A member of the public who is a justice-impacted person,
95		-	appointed by the majority leader of the House of Representatives;
96		-	(18) A member of the public who is a justice-impacted person,
97		-	appointed by the majority leader of the Senate; [and]
98		-	(19) A member of the public who is a person with a mental disability
99		-	or an advocate on behalf of persons with mental disabilities, appointed
100		-	by the minority leader of the House of Representatives;
101		-	(20) A sworn police officer who is not in a command position within
102		-	such officer's law enforcement unit, who is appointed by the
103		-	chairpersons of the joint standing committee of the General Assembly
104		-	having cognizance of matters relating to public safety and security; and
105		-	(21) A sworn police officer who is not in a command position within
106		-	such officer's law enforcement unit, who is appointed by the minority
107		-	leader of the Senate and the minority leader of the House of
108		-	Representatives.
109		-	(c) The Commissioner of Emergency Services and Public Protection
110		-	and the Federal Bureau of Investigation special agent-in-charge in
111		-	Connecticut or their designees shall be voting ex-officio members of the
112		-	council. Any member who fails to attend three consecutive meetings or
113		-	who fails to attend fifty per cent of all meetings held during any
114		-	calendar year shall be deemed to have resigned from the council. Any
115		-	nonpublic member of the council shall immediately, upon the
116		-	termination of such member's holding the office or employment that
117		-	qualified such member for appointment, cease to be a member of the
118		-	council. Any vacancy shall be filled by the appointing authority. A
119		-	member appointed to fill a vacancy shall be appointed for the unexpired
120		-	term of the member whom such member is to succeed in the same
121		-	manner as the original appointment. The Governor shall appoint a
122		-	chairperson and the council shall appoint a vice-chairperson and a Substitute House Bill No. 6840
	80	+	Governor; 47
	81	+	(8) A sworn municipal police officer from a municipality within the 48
	82	+	state with a population not exceeding fifty thousand, appointed by the 49
	83	+	Governor; 50
	84	+	(9) The commanding officer of the Connecticut State Police 51
	85	+	Academy; 52
	86	+	(10) A member of the public, who is a person with a physical 53
	87	+	disability or an advocate on behalf of persons with physical 54
	88	+	disabilities, appointed by the Governor; 55
	89	+	(11) A victim of crime or the immediate family member of a 56
	90	+	deceased victim of crime, appointed by the Governor; 57
	91	+	(12) A medical professional, appointed by the Governor; 58
	92	+	(13) The Chief State's Attorney; 59
	93	+	(14) A member of the Connecticut Police Chiefs Association or the 60
	94	+	person holding office or employed as chief of police or the highest 61
	95	+	ranking professional police officer of an organized police department 62
	96	+	within the state, appointed by the speaker of the House of 63
	97	+	Representatives; 64
	98	+	(15) A member of the Connecticut Police Chiefs Association or the 65
	99	+	person holding office or employed as chief of police or the highest 66
	100	+	ranking professional police officer of an organized police department 67
	101	+	within the state, appointed by the president pro tempore of the Senate; 68
	102	+	(16) A member of the Connecticut Police Chiefs Association who is 69
	103	+	holding office or employed as chief of police or the highest ranking 70
	104	+	professional police officer of an organized police department of a 71
	105	+	municipality within the state with a population not exceeding thirty-72
	106	+	five thousand, appointed by the minority leader of the Senate; 73
	107	+	(17) A member of the public who is a justice-impacted person, 74 Substitute Bill No. 6840
123	108
124		-	Public Act No. 23-86 5 of 5
125	109
126		-	secretary from among the members.
127		-	(d) Membership on the council shall not constitute holding a public
128		-	office. No member of the council shall be disqualified from holding any
129		-	public office or employment by reason of his appointment to or
130		-	membership on the council nor shall any member forfeit any such office
131		-	or employment by reason of his appointment to the council,
132		-	notwithstanding the provisions of any general statute, special act or
133		-	local law, ordinance or charter.
	110	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	111	+	R01-HB.docx }
	112	+	4 of 11
	113	+
	114	+	appointed by the majority leader of the House of Representatives; 75
	115	+	(18) A member of the public who is a justice-impacted person, 76
	116	+	appointed by the majority leader of the Senate; [and] 77
	117	+	(19) A member of the public who is a person with a mental 78
	118	+	disability or an advocate on behalf of persons with mental disabilities, 79
	119	+	appointed by the minority leader of the House of Representatives; 80
	120	+	(20) A sworn police officer who is not in a command position within 81
	121	+	such officer's law enforcement unit, appointed by the Senate 82
	122	+	chairperson of the joint standing committee of the General Assembly 83
	123	+	having cognizance of matters relating to public safety and security; 84
	124	+	and 85
	125	+	(21) A sworn police officer who is not in a command position within 86
	126	+	such officer's law enforcement unit, appointed by the House 87
	127	+	chairperson of the joint standing committee of the General Assembly 88
	128	+	having cognizance of matters relating to public safety and security. 89
	129	+	(c) The Commissioner of Emergency Services and Public Protection 90
	130	+	and the Federal Bureau of Investigation special agent-in-charge in 91
	131	+	Connecticut or their designees shall be voting ex-officio members of 92
	132	+	the council. Any member who fails to attend three consecutive 93
	133	+	meetings or who fails to attend fifty per cent of all meetings held 94
	134	+	during any calendar year shall be deemed to have resigned from the 95
	135	+	council. Any nonpublic member of the council shall immediately, 96
	136	+	upon the termination of such member's holding the office or 97
	137	+	employment that qualified such member for appointment, cease to be 98
	138	+	a member of the council. Any vacancy shall be filled by the appointing 99
	139	+	authority. A member appointed to fill a vacancy shall be appointed for 100
	140	+	the unexpired term of the member whom such member is to succeed in 101
	141	+	the same manner as the original appointment. The Governor shall 102
	142	+	appoint a chairperson and the council shall appoint a vice-chairperson 103
	143	+	and a secretary from among the members. 104
	144	+	(d) Membership on the council shall not constitute holding a public 105 Substitute Bill No. 6840
	145	+
	146	+
	147	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	148	+	R01-HB.docx }
	149	+	5 of 11
	150	+
	151	+	office. No member of the council shall be disqualified from holding 106
	152	+	any public office or employment by reason of his appointment to or 107
	153	+	membership on the council nor shall any member forfeit any such 108
	154	+	office or employment by reason of his appointment to the council, 109
	155	+	notwithstanding the provisions of any general statute, special act or 110
	156	+	local law, ordinance or charter. 111
	157	+	Sec. 2. Section 29-6d of the general statutes is repealed and the 112
	158	+	following is substituted in lieu thereof (Effective July 1, 2023): 113
	159	+	(a) For purposes of this section and section 7-277b: 114
	160	+	(1) "Law enforcement unit" has the same meaning as provided in 115
	161	+	section 7-294a; 116
	162	+	(2) "Police officer" means a sworn member of a law enforcement unit 117
	163	+	or any member of a law enforcement unit who performs police duties; 118
	164	+	(3) "Body-worn recording equipment" means an electronic 119
	165	+	recording device that is capable of recording audio and video; 120
	166	+	(4) "Dashboard camera" means a dashboard camera with a remote 121
	167	+	recorder, as defined in section 7-277b; 122
	168	+	(5) "Digital data storage device or service" means a device or service 123
	169	+	that retains the data from the recordings made by body-worn 124
	170	+	recording equipment using computer data storage; and 125
	171	+	(6) "Police patrol vehicle" means any state or local police vehicle 126
	172	+	other than an administrative vehicle in which an occupant is wearing 127
	173	+	body-worn camera equipment, a bicycle, a motor scooter, an all-terrain 128
	174	+	vehicle, an electric personal assistive mobility device, as defined in 129
	175	+	subsection (a) of section 14-289h, or an animal control vehicle. 130
	176	+	(b) The Commissioner of Emergency Services and Public Protection 131
	177	+	and the Police Officer Standards and Training Council shall jointly 132
	178	+	evaluate and approve the minimal technical specifications of body-133 Substitute Bill No. 6840
	179	+
	180	+
	181	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	182	+	R01-HB.docx }
	183	+	6 of 11
	184	+
	185	+	worn recording equipment that shall be worn by police officers 134
	186	+	pursuant to this section, dashboard cameras that shall be used in each 135
	187	+	police patrol vehicle and digital data storage devices or services that 136
	188	+	shall be used by a law enforcement unit to retain the data from the 137
	189	+	recordings made by such equipment. The commissioner and council 138
	190	+	shall make such minimal technical specifications available to each law 139
	191	+	enforcement unit in a manner determined by the commissioner and 140
	192	+	council. The commissioner and council may revise the minimal 141
	193	+	technical specifications when the commissioner and council determine 142
	194	+	that revisions to such specifications are necessary. 143
	195	+	(c) (1) Each police officer shall use body-worn recording equipment 144
	196	+	while interacting with the public in such sworn member's law 145
	197	+	enforcement capacity, except (A) as provided in subsection (g) of this 146
	198	+	section, [or] (B) in the case of a municipal police department, in 147
	199	+	accordance with the department's policy adopted by the department 148
	200	+	and based on guidelines maintained pursuant to subsection (j) of this 149
	201	+	section, concerning the use of body-worn recording equipment, or (C) 150
	202	+	in accordance with guidelines adopted pursuant to subsection (k) of 151
	203	+	this section. 152
	204	+	(2) Each police officer shall wear body-worn recording equipment 153
	205	+	on such officer's outer-most garment and shall position such 154
	206	+	equipment above the midline of such officer's torso when using such 155
	207	+	equipment. 156
	208	+	(3) Body-worn recording equipment used pursuant to this section 157
	209	+	shall conform to the minimal technical specifications approved 158
	210	+	pursuant to subsection (b) of this section, except that a police officer 159
	211	+	may use body-worn recording equipment that does not conform to the 160
	212	+	minimal technical specifications approved pursuant to subsection (b) 161
	213	+	of this section, if such equipment was purchased prior to January 1, 162
	214	+	2016, by the law enforcement unit employing such officer. 163
	215	+	(4) Each law enforcement unit shall require usage of a dashboard 164
	216	+	camera in each police patrol vehicle used by any police officer 165 Substitute Bill No. 6840
	217	+
	218	+
	219	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	220	+	R01-HB.docx }
	221	+	7 of 11
	222	+
	223	+	employed by such unit in accordance with the unit's policy adopted by 166
	224	+	the unit and based on guidelines maintained pursuant to subsection (j) 167
	225	+	of this section, concerning dashboard cameras. 168
	226	+	(d) Except as required by state or federal law, no person employed 169
	227	+	by a law enforcement unit shall edit, erase, copy, share or otherwise 170
	228	+	alter or distribute in any manner any recording made by body-worn 171
	229	+	recording equipment or a dashboard camera or the data from such 172
	230	+	recording. 173
	231	+	(e) A police officer may review a recording from his or her body-174
	232	+	worn recording equipment or a dashboard camera in order to assist 175
	233	+	such officer with the preparation of a report or otherwise in the 176
	234	+	performance of his or her duties. 177
	235	+	(f) (1) If a police officer is giving a formal statement about the use of 178
	236	+	force or if a police officer is the subject of a disciplinary investigation in 179
	237	+	which a recording from body-worn recording equipment or a 180
	238	+	dashboard camera is being considered as part of a review of an 181
	239	+	incident, the officer shall have the right to review (A) such recording in 182
	240	+	the presence of the officer's attorney or labor representative, and (B) 183
	241	+	recordings from other body-worn recording equipment capturing the 184
	242	+	officer's image or voice during the incident. Not later than forty-eight 185
	243	+	hours following an officer's review of a recording under subparagraph 186
	244	+	(A) of this subdivision, or if the officer does not review the recording, 187
	245	+	not later than ninety-six hours following the initiation of such 188
	246	+	disciplinary investigation, whichever is earlier, such recording shall be 189
	247	+	disclosed, upon request, to the public, subject to the provisions of 190
	248	+	subsection (g) of this section. 191
	249	+	(2) If a request is made for public disclosure of a recording from 192
	250	+	body-worn recording equipment or a dashboard camera of an incident 193
	251	+	about which (A) a police officer has not been asked to give a formal 194
	252	+	statement about the alleged use of force, or (B) a disciplinary 195
	253	+	investigation has not been initiated, any police officer whose image or 196
	254	+	voice is captured on the recording shall have the right to review such 197 Substitute Bill No. 6840
	255	+
	256	+
	257	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	258	+	R01-HB.docx }
	259	+	8 of 11
	260	+
	261	+	recording in the presence of the officer's attorney or labor 198
	262	+	representative. Not later than forty-eight hours following an officer's 199
	263	+	review of a recording under this subdivision, or if the officer does not 200
	264	+	review the recording, not later than ninety-six hours following the 201
	265	+	request for disclosure, whichever is earlier, such recording shall be 202
	266	+	disclosed to the public, subject to the provisions of subsection (g) of 203
	267	+	this section. 204
	268	+	(g) (1) Except as otherwise provided by any agreement between a 205
	269	+	law enforcement unit and the federal government, no police officer 206
	270	+	shall use body-worn recording equipment or a dashboard camera, if 207
	271	+	applicable, to intentionally record (A) a communication with other law 208
	272	+	enforcement unit personnel, except that which may be recorded as the 209
	273	+	officer performs his or her duties, (B) an encounter with an undercover 210
	274	+	officer or informant or an officer performing detective work described 211
	275	+	in guidelines developed pursuant to subsection (j) of this section, (C) 212
	276	+	when an officer is on break or is otherwise engaged in a personal 213
	277	+	activity, (D) a person undergoing a medical or psychological 214
	278	+	evaluation, procedure or treatment, (E) any person other than a 215
	279	+	suspect to a crime if an officer is wearing such equipment in a hospital 216
	280	+	or other medical facility setting, or (F) in a mental health facility, unless 217
	281	+	responding to a call involving a suspect to a crime who is thought to 218
	282	+	be present in the facility. 219
	283	+	(2) No record created using body-worn recording equipment or a 220
	284	+	dashboard camera of (A) an occurrence or situation described in 221
	285	+	subparagraphs (A) to (F), inclusive, of subdivision (1) of this 222
	286	+	subsection, (B) a scene of an incident that involves (i) a victim of 223
	287	+	domestic or sexual abuse, (ii) a victim of homicide or suicide, or (iii) a 224
	288	+	deceased victim of an accident, if disclosure could reasonably be 225
	289	+	expected to constitute an unwarranted invasion of personal privacy in 226
	290	+	the case of any such victim described in this subparagraph, or (C) a 227
	291	+	minor, shall be subject to disclosure under the Freedom of Information 228
	292	+	Act, as defined in section 1-200, and any such record shall be 229
	293	+	confidential, except that a record of a minor shall be disclosed if (i) the 230 Substitute Bill No. 6840
	294	+
	295	+
	296	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	297	+	R01-HB.docx }
	298	+	9 of 11
	299	+
	300	+	minor and the parent or guardian of such minor consent to the 231
	301	+	disclosure of such record, (ii) a police officer is the subject of an 232
	302	+	allegation of misconduct made by such minor or the parent or 233
	303	+	guardian of such minor, and the person representing such officer in an 234
	304	+	investigation of such alleged misconduct requests disclosure of such 235
	305	+	record for the sole purpose of preparing a defense to such allegation, 236
	306	+	or (iii) a person is charged with a crime and defense counsel for such 237
	307	+	person requests disclosure of such record for the sole purpose of 238
	308	+	assisting in such person's defense and the discovery of such record as 239
	309	+	evidence is otherwise discoverable. 240
	310	+	(h) No police officer shall use body-worn recording equipment prior 241
	311	+	to being trained in accordance with section 7-294s in the use of such 242
	312	+	equipment and in the retention of data created by such equipment. A 243
	313	+	law enforcement unit shall ensure that each police officer such unit 244
	314	+	employs receives such training at least annually and is trained on the 245
	315	+	proper care and maintenance of such equipment. 246
	316	+	(i) If a police officer is aware that any body-worn recording 247
	317	+	equipment or dashboard camera is lost, damaged or malfunctioning, 248
	318	+	such officer shall inform such officer's supervisor in writing as soon as 249
	319	+	is practicable. Upon receiving such information, the supervisor shall 250
	320	+	ensure that the body-worn recording equipment or dashboard camera 251
	321	+	is inspected and repaired or replaced, as necessary. Each police officer 252
	322	+	shall inspect and test body-worn recording equipment prior to each 253
	323	+	shift to verify proper functioning, and shall notify such officer's 254
	324	+	supervisor of any problems with such equipment. 255
	325	+	(j) The Commissioner of Emergency Services and Public Protection 256
	326	+	and the Police Officer Standards and Training Council shall jointly 257
	327	+	maintain guidelines pertaining to the use of body-worn recording 258
	328	+	equipment and dashboard cameras, including the type of detective 259
	329	+	work an officer might engage in that should not be recorded, retention 260
	330	+	of data created by such equipment and dashboard cameras and 261
	331	+	methods for safe and secure storage of such data. The guidelines shall 262
	332	+	not require a law enforcement unit to store such data for a period 263 Substitute Bill No. 6840
	333	+
	334	+
	335	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	336	+	R01-HB.docx }
	337	+	10 of 11
	338	+
	339	+	longer than one year, except in the case where the unit knows the data 264
	340	+	is pertinent to any ongoing civil, criminal or administrative matter. 265
	341	+	Each law enforcement unit and any police officer and any other 266
	342	+	employee of such unit who may have access to such data shall adhere 267
	343	+	to such guidelines. The commissioner and council may update and 268
	344	+	reissue such guidelines, as the commissioner and council determine 269
	345	+	necessary. The commissioner and council shall, upon issuance of such 270
	346	+	guidelines or any update to such guidelines, submit such guidelines in 271
	347	+	accordance with the provisions of section 11-4a to the joint standing 272
	348	+	committees of the General Assembly having cognizance of matters 273
	349	+	relating to the judiciary and public safety and security. 274
	350	+	(k) Not later than October 1, 2023, the Commissioner of Emergency 275
	351	+	Services and Public Protection and the Police Officer Standards and 276
	352	+	Training Council shall jointly adopt guidelines regarding the exigent 277
	353	+	circumstances under which a police officer may interact with the 278
	354	+	public without using body-worn recording equipment, such as when 279
	355	+	an officer responds to an incident while off duty or when body-worn 280
	356	+	recording equipment is not available to the officer. The commissioner 281
	357	+	and council may update and reissue such guidelines, as the 282
	358	+	commissioner and council determine necessary. The commissioner and 283
	359	+	council shall, upon issuance of such guidelines or any update to such 284
	360	+	guidelines, submit such guidelines in accordance with the provisions 285
	361	+	of section 11-4a to the joint standing committees of the General 286
	362	+	Assembly having cognizance of matters relating to the judiciary and 287
	363	+	public safety and security. 288
	364	+	Sec. 3. (Effective from passage) Not later than January 1 2024, the 289
	365	+	Department of Emergency Services and Public Protection and Police 290
	366	+	Officer Standards and Training Council shall report, in accordance 291
	367	+	with the provisions of section 11-4a of the general statutes, to the joint 292
	368	+	standing committee of the General Assembly having cognizance of 293
	369	+	matters relating to public safety and security, on: 294
	370	+	(1) Whether the council has cancelled or revoked the certification of 295
	371	+	a police officer for conduct that undermines public confidence in law 296 Substitute Bill No. 6840
	372	+
	373	+
	374	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06840-
	375	+	R01-HB.docx }
	376	+	11 of 11
	377	+
	378	+	enforcement pursuant to subparagraph (I) of subdivision (2) of 297
	379	+	subsection (d) of section 7-294d of the general statutes and an 298
	380	+	explanation of the circumstances related to each such cancellation or 299
	381	+	revocation; 300
	382	+	(2) Whether the council has considered but declined to cancel or 301
	383	+	revoke a police officer's certification for such conduct and the 302
	384	+	circumstances related to each such instance; 303
	385	+	(3) Whether the provisions of subparagraph (I) of subdivision (2) of 304
	386	+	subsection (d) of section 7-294d of the general statutes and guidance 305
	387	+	issued pursuant to subsection (g) of said section, provide sufficient 306
	388	+	guidelines to police officers and law enforcement units regarding the 307
	389	+	types of conduct that undermine public confidence in law 308
	390	+	enforcement, and the disciplinary actions that should be taken in 309
	391	+	response to different types of such conduct; and 310
	392	+	(4) Any recommendations for revisions to subparagraph (I) of 311
	393	+	subdivision (2) of subsection (d) of section 7-294d of the general 312
	394	+	statutes or guidance issued pursuant to subsection (g) of said section. 313
	395	+	This act shall take effect as follows and shall amend the following
	396	+	sections:
	397	+
	398	+	Section 1 January 1, 2024 7-294b
	399	+	Sec. 2 July 1, 2023 29-6d
	400	+	Sec. 3 from passage New section
	401	+
	402	+	Statement of Legislative Commissioners:
	403	+	Section 1 was rewritten and the effective date changed for consistency
	404	+	with standard drafting conventions; in Section 2, the effective date was
	405	+	changed to "July 1, 2023" for internal consistency; and in Section 2(j)
	406	+	and (k), "public safety" was changed to "public safety and security" for
	407	+	consistency with standard drafting conventions.
	408	+
	409	+	PS Joint Favorable Subst.
134	410