O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 23-87—HB 6873
Judiciary Committee
AN ACT REQUIRING THE POLICE OFFICER STAN DARDS AND
TRAINING COUNCIL TO DEVELOP AND PROMULGA TE A MODEL
POLICY REQUIRING THE USE OF A SEAT SAFETY BELT FOR ANY
PERSON WHO IS BEING TRANSPORTED IN A MUN ICIPAL POLICE
VEHICLE
SUMMARY: This act requires the Police Officer Standards and Training Council
(POST), by December 31, 2023, to develop and promulgate (1) a model policy with
guidelines on required seat belt use in municipal police vehicles and (2)
standardized procedures for municipal police officers to use to ensure that anyone
being transported in their vehicles is secured by a seat belt. By April 1, 2024, each
municipal law enforcement unit must adopt and maintain a written policy that meets
or exceeds these model policy standards.
Under the act, starting on April 1, 2024, if a municipal law enforcement unit’s
chief law enforcement officer finds, through existing POST-developed procedures,
that an officer’s actions violate the adopted seat belt policy and the violation
undermines public confidence in the law enforcement unit, then the chief law
enforcement officer must report the violation to POST, which must then conduct a
de novo review (a new, independent review) of the matter.
Whenever POST believes there is a reasonable basis for suspending, canceling,
or revoking an officer’s certification because of the reported violation, the act
requires it to give the officer notice and an adequate opportunity for a hearing before
he or she is disciplined. The hearing must be done following the Uniform
Administrative Procedure Act. If POST finds by clear and convincing evidence that
a violation of the act has occurred, it may suspend, revoke, or cancel the officer’s
certificate.
EFFECTIVE DATE: July 1, 2023