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3 | 3 | | LCO No. 5701 1 of 14 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 6878 |
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6 | 6 | | January Session, 2023 |
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7 | 7 | | LCO No. 5701 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on JUDICIARY |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (JUD) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING APPEALS REGARDING GOVERNMENTAL |
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20 | 20 | | IMMUNITY OF POLICE OFFICERS, USE OF FORCE BY A PEACE |
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21 | 21 | | OFFICER, SEARCHES OF MOTOR VEHICLES, PURSUIT OF A |
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22 | 22 | | SUSPECT POLICIES AND VERIFICATION OF RESIDENCE |
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23 | 23 | | ADDRESSES OF PERSONS ON THE SEX OFFENSE REGISTRY. |
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24 | 24 | | Be it enacted by the Senate and House of Representatives in General |
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25 | 25 | | Assembly convened: |
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26 | 26 | | |
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27 | 27 | | Section 1. Subsection (d) of section 52-571k of the general statutes is 1 |
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28 | 28 | | repealed and the following is substituted in lieu thereof (Effective October 2 |
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29 | 29 | | 1, 2023): 3 |
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30 | 30 | | (d) (1) In any civil action brought under this section, governmental 4 |
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31 | 31 | | immunity shall only be a defense to a claim for damages when, at the 5 |
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32 | 32 | | time of the conduct complained of, the police officer had an objectively 6 |
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33 | 33 | | good faith belief that such officer's conduct did not violate the law. 7 |
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34 | 34 | | [There shall be no] A party may make an interlocutory appeal of a trial 8 |
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35 | 35 | | court's denial of the application of the defense of governmental 9 |
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36 | 36 | | immunity. Governmental immunity shall not be a defense in a civil 10 |
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37 | 37 | | action brought solely for equitable relief. 11 |
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38 | 38 | | (2) In any civil action brought under this section, the trier of fact may 12 Raised Bill No. 6878 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 5701 2 of 14 |
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43 | 43 | | |
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44 | 44 | | draw an adverse inference from a police officer's deliberate failure, in 13 |
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45 | 45 | | violation of section 29-6d, to record any event that is relevant to such 14 |
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46 | 46 | | action. 15 |
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47 | 47 | | Sec. 2. Section 53a-22 of the general statutes is repealed and the 16 |
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48 | 48 | | following is substituted in lieu thereof (Effective October 1, 2023): 17 |
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49 | 49 | | (a) (1) For purposes of this section, a reasonable belief that a person 18 |
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50 | 50 | | has committed an offense means a reasonable belief in facts or 19 |
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51 | 51 | | circumstances which if true would in law constitute an offense. If the 20 |
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52 | 52 | | believed facts or circumstances would not in law constitute an offense, 21 |
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53 | 53 | | an erroneous though not unreasonable belief that the law is otherwise 22 |
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54 | 54 | | does not render justifiable the use of physical force to make an arrest or 23 |
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55 | 55 | | to prevent an escape from custody. For purposes of this section, the 24 |
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56 | 56 | | reasonableness of a use of force shall be evaluated from the perspective 25 |
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57 | 57 | | of a reasonable officer in the same situation, based on the totality of the 26 |
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58 | 58 | | circumstances known to or perceived by the officer at the time, rather 27 |
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59 | 59 | | than with the benefit of hindsight, and that the totality of the 28 |
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60 | 60 | | circumstances shall account for occasions when officers may be forced 29 |
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61 | 61 | | to make quick judgments about using force. 30 |
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62 | 62 | | (2) A peace officer or an authorized official of the Department of 31 |
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63 | 63 | | Correction or the Board of Pardons and Paroles who is effecting an 32 |
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64 | 64 | | arrest pursuant to a warrant or preventing an escape from custody is 33 |
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65 | 65 | | justified in using the physical force prescribed in subsections (b), (c) and 34 |
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66 | 66 | | (d) of this section unless such warrant is invalid and is known by such 35 |
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67 | 67 | | officer to be invalid. 36 |
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68 | 68 | | (b) Except as provided in subsection (a) or (d) of this section, a peace 37 |
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69 | 69 | | officer or an authorized official of the Department of Correction or the 38 |
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70 | 70 | | Board of Pardons and Paroles is justified in using physical force upon 39 |
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71 | 71 | | another person when and to the extent that he or she reasonably believes 40 |
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72 | 72 | | such use to be necessary to: (1) Effect an arrest or prevent the escape 41 |
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73 | 73 | | from custody of a person whom he or she reasonably believes to have 42 |
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74 | 74 | | committed an offense, unless he or she knows that the arrest or custody 43 |
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75 | 75 | | is unauthorized; or (2) defend himself or herself or a third person from 44 Raised Bill No. 6878 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | LCO No. 5701 3 of 14 |
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80 | 80 | | |
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81 | 81 | | the use or imminent use of physical force while effecting or attempting 45 |
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82 | 82 | | to effect an arrest or while preventing or attempting to prevent an 46 |
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83 | 83 | | escape. 47 |
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84 | 84 | | (c) [(1)] Except as provided in subsection (d) of this section, a peace 48 |
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85 | 85 | | officer or an authorized official of the Department of Correction or the 49 |
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86 | 86 | | Board of Pardons and Paroles is justified in using deadly physical force 50 |
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87 | 87 | | upon another person for the purposes specified in subsection (b) of this 51 |
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88 | 88 | | section [only when his or her actions are objectively reasonable] when 52 |
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89 | 89 | | and to the extent that he or she believes such use to be necessary under 53 |
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90 | 90 | | the given circumstances at that time, [and] as follows: 54 |
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91 | 91 | | [(A) He or she reasonably believes such use to be necessary to] (1) To 55 |
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92 | 92 | | defend himself or herself or a third person from the use or imminent use 56 |
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93 | 93 | | of deadly physical force; or 57 |
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94 | 94 | | [(B) He] (2) When he or she [(i)] (A) has reasonably determined that 58 |
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95 | 95 | | there are no available reasonable alternatives to the use of deadly 59 |
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96 | 96 | | physical force, [(ii)] (B) reasonably believes that the force employed 60 |
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97 | 97 | | creates no unreasonable risk of injury to a third party, and [(iii)] (C) 61 |
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98 | 98 | | reasonably believes such use of force to be necessary to [(I)] (i) effect an 62 |
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99 | 99 | | arrest of a person whom he or she reasonably believes has committed or 63 |
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100 | 100 | | attempted to commit a felony which involved the infliction of serious 64 |
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101 | 101 | | physical injury, and if, where feasible, he or she has given warning of 65 |
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102 | 102 | | his or her intent to use deadly physical force, or [(II)] (ii) prevent the 66 |
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103 | 103 | | escape from custody of a person whom he or she reasonably believes 67 |
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104 | 104 | | has committed a felony which involved the infliction of serious physical 68 |
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105 | 105 | | injury and who poses a significant threat of death or serious physical 69 |
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106 | 106 | | injury to others, and if, where feasible, he or she has given warning of 70 |
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107 | 107 | | his or her intent to use deadly physical force. 71 |
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108 | 108 | | [(2) For purposes of evaluating whether actions of a peace officer or 72 |
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109 | 109 | | an authorized official of the Department of Correction or the Board of 73 |
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110 | 110 | | Pardons and Paroles are reasonable under subdivision (1) of this 74 |
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111 | 111 | | subsection, factors to be considered include, but are not limited to, 75 |
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112 | 112 | | whether (A) the person upon whom deadly physical force was used 76 Raised Bill No. 6878 |
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113 | 113 | | |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | LCO No. 5701 4 of 14 |
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117 | 117 | | |
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118 | 118 | | possessed or appeared to possess a deadly weapon, (B) the peace officer 77 |
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119 | 119 | | or an authorized official of the Department of Correction or the Board 78 |
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120 | 120 | | of Pardons and Paroles engaged in reasonable deescalation measures 79 |
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121 | 121 | | prior to using deadly physical force, and (C) any unreasonable conduct 80 |
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122 | 122 | | of the peace officer or an authorized official of the Department of 81 |
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123 | 123 | | Correction or the Board of Pardons and Paroles led to an increased risk 82 |
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124 | 124 | | of an occurrence of the situation that precipitated the use of such force.] 83 |
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125 | 125 | | (d) A peace officer or an authorized official of the Department of 84 |
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126 | 126 | | Correction or the Board of Pardons and Paroles is justified in using a 85 |
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127 | 127 | | chokehold or other method of restraint applied to the neck area or that 86 |
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128 | 128 | | otherwise impedes the ability to breathe or restricts blood circulation to 87 |
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129 | 129 | | the brain of another person for the purposes specified in subsection (b) 88 |
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130 | 130 | | of this section only when he or she reasonably believes such use to be 89 |
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131 | 131 | | necessary to defend himself or herself from the use or imminent use of 90 |
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132 | 132 | | deadly physical force. 91 |
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133 | 133 | | (e) Except as provided in subsection (f) of this section, a person who 92 |
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134 | 134 | | has been directed by a peace officer or an authorized official of the 93 |
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135 | 135 | | Department of Correction or the Board of Pardons and Paroles to assist 94 |
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136 | 136 | | such peace officer or official to effect an arrest or to prevent an escape 95 |
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137 | 137 | | from custody is justified in using reasonable physical force when and to 96 |
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138 | 138 | | the extent that he or she reasonably believes such to be necessary to 97 |
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139 | 139 | | carry out such peace officer's or official's direction. 98 |
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140 | 140 | | (f) A person who has been directed to assist a peace officer or an 99 |
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141 | 141 | | authorized official of the Department of Correction or the Board of 100 |
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142 | 142 | | Pardons and Paroles under circumstances specified in subsection (e) of 101 |
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143 | 143 | | this section may use deadly physical force to effect an arrest or to 102 |
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144 | 144 | | prevent an escape from custody only when: (1) He or she reasonably 103 |
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145 | 145 | | believes such use to be necessary to defend himself or herself or a third 104 |
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146 | 146 | | person from what he or she reasonably believes to be the use or 105 |
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147 | 147 | | imminent use of deadly physical force; or (2) he or she is directed or 106 |
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148 | 148 | | authorized by such peace officer or official to use deadly physical force, 107 |
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149 | 149 | | unless he or she knows that the peace officer or official himself or herself 108 |
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150 | 150 | | is not authorized to use deadly physical force under the circumstances. 109 Raised Bill No. 6878 |
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151 | 151 | | |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LCO No. 5701 5 of 14 |
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155 | 155 | | |
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156 | 156 | | (g) A private person acting on his or her own account is justified in 110 |
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157 | 157 | | using reasonable physical force upon another person when and to the 111 |
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158 | 158 | | extent that he or she reasonably believes such use to be necessary to 112 |
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159 | 159 | | effect an arrest or to prevent the escape from custody of an arrested 113 |
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160 | 160 | | person whom he or she reasonably believes to have committed an 114 |
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161 | 161 | | offense and who in fact has committed such offense; but he or she is not 115 |
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162 | 162 | | justified in using deadly physical force in such circumstances, except in 116 |
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163 | 163 | | defense of person as prescribed in section 53a-19. 117 |
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164 | 164 | | (h) In determining whether use of force by a peace officer who is a 118 |
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165 | 165 | | police officer, as defined in subsection (a) of section 29-6d, is justified 119 |
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166 | 166 | | pursuant to this section, the trier of fact may draw an unfavorable 120 |
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167 | 167 | | inference from a police officer's deliberate failure in violation of section 121 |
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168 | 168 | | 29-6d to record such use of physical force. 122 |
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169 | 169 | | Sec. 3. Section 54-33o of the general statutes is repealed and the 123 |
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170 | 170 | | following is substituted in lieu thereof (Effective October 1, 2023): 124 |
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171 | 171 | | (a) (1) No law enforcement official may ask an operator of a motor 125 |
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172 | 172 | | vehicle to conduct a search of a motor vehicle or the contents of the 126 |
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173 | 173 | | motor vehicle that is stopped by a law enforcement official solely for a 127 |
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174 | 174 | | motor vehicle violation, except as provided in subdivision (2) of this 128 |
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175 | 175 | | subsection. 129 |
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176 | 176 | | (2) Any search by a law enforcement official of a motor vehicle or the 130 |
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177 | 177 | | contents of the motor vehicle that is stopped by a law enforcement 131 |
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178 | 178 | | official solely for a motor vehicle violation shall be (A) based on 132 |
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179 | 179 | | probable cause, (B) solicited consent by the operator of the vehicle if the 133 |
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180 | 180 | | official has reasonable and articulable suspicion that weapons, 134 |
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181 | 181 | | contraband or other evidence of a crime is contained within the motor 135 |
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182 | 182 | | vehicle, provided such official complies with the provisions provided in 136 |
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183 | 183 | | subdivision (3) of this subsection, or [(B)] (C) after having received the 137 |
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184 | 184 | | unsolicited consent to such search from the operator of the motor 138 |
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185 | 185 | | vehicle in written form or recorded by body-worn recording equipment 139 |
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186 | 186 | | or a dashboard camera, each as defined in section 29-6d. 140 |
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187 | 187 | | (3) Any law enforcement official who solicits consent of an operator 141 Raised Bill No. 6878 |
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188 | 188 | | |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LCO No. 5701 6 of 14 |
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192 | 192 | | |
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193 | 193 | | of a motor vehicle to search such vehicle shall, whether or not the 142 |
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194 | 194 | | consent is granted, complete a police report documenting the reasonable 143 |
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195 | 195 | | and articulable suspicion for the solicitation of consent, or the facts and 144 |
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196 | 196 | | circumstances that support the search being reasonably necessary to 145 |
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197 | 197 | | further an ongoing law enforcement investigation. Such report shall be 146 |
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198 | 198 | | completed not later than forty-eight hours after such solicitation of 147 |
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199 | 199 | | consent. 148 |
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200 | 200 | | (b) No law enforcement official may ask an operator of a motor 149 |
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201 | 201 | | vehicle to provide any documentation or identification other than an 150 |
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202 | 202 | | operator's license, motor vehicle registration, insurance identity card or 151 |
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203 | 203 | | other documentation or identification directly related to the stop, when 152 |
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204 | 204 | | the motor vehicle has been stopped solely for a motor vehicle violation, 153 |
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205 | 205 | | unless there exists probable cause to believe that a felony or 154 |
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206 | 206 | | misdemeanor offense has been committed or the operator has failed to 155 |
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207 | 207 | | produce a valid operator's license. 156 |
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208 | 208 | | Sec. 4. Section 14-283a of the general statutes is repealed and the 157 |
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209 | 209 | | following is substituted in lieu thereof (Effective from passage): 158 |
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210 | 210 | | (a) As used in this section, "police officer" and "law enforcement unit" 159 |
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211 | 211 | | have the same meanings as provided in section 7-294a, and "pursuit" 160 |
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212 | 212 | | means an attempt by a police officer in an authorized emergency vehicle 161 |
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213 | 213 | | to apprehend any occupant of another moving motor vehicle, when the 162 |
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214 | 214 | | driver of the fleeing motor vehicle is attempting to avoid apprehension 163 |
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215 | 215 | | by maintaining or increasing the speed of such vehicle or by ignoring 164 |
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216 | 216 | | the police officer's attempt to stop such vehicle. 165 |
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217 | 217 | | (b) (1) The Commissioner of Emergency Services and Public 166 |
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218 | 218 | | Protection, in conjunction with the Chief State's Attorney, the Police 167 |
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219 | 219 | | Officer Standards and Training Council, the Connecticut Police Chiefs 168 |
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220 | 220 | | Association and the Connecticut Coalition of Police and Correctional 169 |
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221 | 221 | | Officers, shall adopt, in accordance with the provisions of chapter 54, a 170 |
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222 | 222 | | uniform, state-wide policy for handling pursuits by police officers. Such 171 |
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223 | 223 | | policy shall specify: (A) The conditions under which a police officer may 172 |
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224 | 224 | | engage in a pursuit and discontinue a pursuit, including, but not limited 173 Raised Bill No. 6878 |
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225 | 225 | | |
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226 | 226 | | |
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227 | 227 | | |
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228 | 228 | | LCO No. 5701 7 of 14 |
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229 | 229 | | |
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230 | 230 | | to, a pursuit of a person suspected of larceny of a motor vehicle or 174 |
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231 | 231 | | catalytic converter or trafficking in persons, (B) alternative measures to 175 |
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232 | 232 | | be employed by any such police officer in order to apprehend any 176 |
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233 | 233 | | occupant of the fleeing motor vehicle or to impede the movement of 177 |
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234 | 234 | | such motor vehicle, (C) the coordination and responsibility, including 178 |
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235 | 235 | | control over the pursuit, of supervisory personnel and the police officer 179 |
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236 | 236 | | engaged in such pursuit, (D) in the case of a pursuit that may proceed 180 |
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237 | 237 | | and continue into another municipality, (i) the requirement to notify 181 |
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238 | 238 | | and the procedures to be used to notify the police department in such 182 |
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239 | 239 | | other municipality or, if there is no organized police department in such 183 |
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240 | 240 | | other municipality, the officers responsible for law enforcement in such 184 |
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241 | 241 | | other municipality, that there is a pursuit in progress, and (ii) the 185 |
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242 | 242 | | coordination and responsibility of supervisory personnel in each such 186 |
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243 | 243 | | municipality and the police officer engaged in such pursuit, (E) the type 187 |
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244 | 244 | | and amount of training in pursuits, that each police officer shall 188 |
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245 | 245 | | undergo, which may include training in vehicle simulators, if vehicle 189 |
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246 | 246 | | simulator training is determined to be necessary, and (F) that a police 190 |
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247 | 247 | | officer immediately notify supervisory personnel or the officer in charge 191 |
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248 | 248 | | after the police officer begins a pursuit. The chief of police or 192 |
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249 | 249 | | Commissioner of Emergency Services and Public Protection, as the case 193 |
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250 | 250 | | may be, shall inform each officer within such chief's or said 194 |
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251 | 251 | | commissioner's department and each officer responsible for law 195 |
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252 | 252 | | enforcement in a municipality in which there is no such department of 196 |
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253 | 253 | | the existence of the policy of pursuit to be employed by any such officer 197 |
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254 | 254 | | and shall take whatever measures that are necessary to assure that each 198 |
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255 | 255 | | such officer understands the pursuit policy established. 199 |
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256 | 256 | | (2) Not later than January 1, [2021] 2024, and at least once during each 200 |
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257 | 257 | | five-year period thereafter, the Commissioner of Emergency Services 201 |
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258 | 258 | | and Public Protection, in conjunction with the Chief State's Attorney, the 202 |
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259 | 259 | | Police Officer Standards and Training Council, the Connecticut Police 203 |
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260 | 260 | | Chiefs Association and the Connecticut Coalition of Police and 204 |
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261 | 261 | | Correctional Officers, shall adopt regulations in accordance with the 205 |
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262 | 262 | | provisions of chapter 54, to update such policy adopted pursuant to 206 |
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263 | 263 | | subdivision (1) of this subsection. 207 Raised Bill No. 6878 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | |
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267 | 267 | | LCO No. 5701 8 of 14 |
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268 | 268 | | |
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269 | 269 | | (c) No police officer engaged in a pursuit shall discharge any firearm 208 |
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270 | 270 | | into or at a fleeing motor vehicle, unless such officer has a reasonable 209 |
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271 | 271 | | belief that there is an imminent threat of death to such officer or another 210 |
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272 | 272 | | person posed by the fleeing motor vehicle or an occupant of such motor 211 |
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273 | 273 | | vehicle. 212 |
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274 | 274 | | (d) No police officer shall intentionally position his or her body in 213 |
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275 | 275 | | front of a fleeing motor vehicle, unless such action is a tactic approved 214 |
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276 | 276 | | by the law enforcement unit that employs such police officer. 215 |
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277 | 277 | | (e) If a pursuit enters the jurisdiction of a law enforcement unit other 216 |
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278 | 278 | | than that of the unit which initiated the pursuit, the law enforcement 217 |
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279 | 279 | | unit that initiated the pursuit shall immediately notify the law 218 |
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280 | 280 | | enforcement unit that has jurisdiction over such area of such pursuit. 219 |
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281 | 281 | | (f) (1) Not later than December 1, 2018, the Police Officer Standards 220 |
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282 | 282 | | and Training Council, established under section 7-294b, shall develop 221 |
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283 | 283 | | and promulgate a standardized form for (A) reporting pursuits by 222 |
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284 | 284 | | police officers pursuant to subdivision (2) of this subsection, and (B) 223 |
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285 | 285 | | submitting annual reports pursuant to subdivision (3) of this subsection. 224 |
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286 | 286 | | (2) On and after January 1, 2019, the chief of police or the 225 |
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287 | 287 | | Commissioner of Emergency Services and Public Protection, as the case 226 |
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288 | 288 | | may be, shall require each police officer who engages in a pursuit to 227 |
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289 | 289 | | report such pursuit on the standardized form developed and 228 |
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290 | 290 | | promulgated under subdivision (1) of this subsection. 229 |
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291 | 291 | | (3) Not later than January 31, 2020, and annually thereafter, each chief 230 |
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292 | 292 | | of police and the Commissioner of Emergency Services and Public 231 |
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293 | 293 | | Protection shall submit an annual report to the Police Officer Standards 232 |
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294 | 294 | | and Training Council regarding pursuits by police officers on the 233 |
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295 | 295 | | standardized form developed and promulgated under subdivision (1) 234 |
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296 | 296 | | of this subsection. 235 |
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297 | 297 | | (4) Not later than April 30, 2020, and annually thereafter, the Police 236 |
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298 | 298 | | Officer Standards and Training Council shall compile, analyze and 237 |
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299 | 299 | | summarize the annual reports and submit, in accordance with section 238 Raised Bill No. 6878 |
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300 | 300 | | |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | LCO No. 5701 9 of 14 |
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304 | 304 | | |
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305 | 305 | | 11-4a, a consolidated report regarding police pursuits and any 239 |
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306 | 306 | | recommendations for legislation to the joint standing committee of the 240 |
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307 | 307 | | General Assembly having cognizance of matters relating to public safety 241 |
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308 | 308 | | and security. The council may partner with an institution of higher 242 |
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309 | 309 | | education in this state or a professional police organization to prepare 243 |
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310 | 310 | | or to assist in the preparation of the consolidated report. 244 |
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311 | 311 | | Sec. 5. Section 54-257 of the general statutes is repealed and the 245 |
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312 | 312 | | following is substituted in lieu thereof (Effective October 1, 2023): 246 |
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313 | 313 | | (a) The Department of Emergency Services and Public Protection 247 |
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314 | 314 | | shall, not later than January 1, 1999, establish and maintain a registry of 248 |
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315 | 315 | | all persons required to register under sections 54-251, 54-252, 54-253 and 249 |
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316 | 316 | | 54-254. The department shall, in cooperation with the Office of the Chief 250 |
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317 | 317 | | Court Administrator, the Department of Correction and the Psychiatric 251 |
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318 | 318 | | Security Review Board, develop appropriate forms for use by agencies 252 |
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319 | 319 | | and individuals to report registration information, including changes of 253 |
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320 | 320 | | residence address. Upon receipt of registration information, the 254 |
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321 | 321 | | department shall enter the information into the registry and notify the 255 |
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322 | 322 | | local police department or state police troop having jurisdiction where 256 |
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323 | 323 | | the registrant resides or plans to reside. If a registrant notifies the 257 |
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324 | 324 | | Department of Emergency Services and Public Protection that such 258 |
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325 | 325 | | registrant is employed at, carries on a vocation at or is a student at a 259 |
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326 | 326 | | trade or professional institution or institution of higher learning in this 260 |
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327 | 327 | | state, the department shall notify the law enforcement agency with 261 |
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328 | 328 | | jurisdiction over such institution. If a registrant reports a residence in 262 |
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329 | 329 | | another state, the department shall notify the state police agency of that 263 |
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330 | 330 | | state or such other agency in that state that maintains registry 264 |
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331 | 331 | | information, if known. The department shall also transmit all 265 |
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332 | 332 | | registration information, conviction data, photographic images and 266 |
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333 | 333 | | fingerprints to the Federal Bureau of Investigation in such form as said 267 |
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334 | 334 | | bureau shall require for inclusion in a national registry. 268 |
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335 | 335 | | (b) The Department of Emergency Services and Public Protection 269 |
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336 | 336 | | may suspend the registration of any person registered under section 54-270 |
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337 | 337 | | 251, 54-252, 54-253 or 54-254 while such person is incarcerated, under 271 Raised Bill No. 6878 |
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338 | 338 | | |
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339 | 339 | | |
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340 | 340 | | |
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341 | 341 | | LCO No. 5701 10 of 14 |
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342 | 342 | | |
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343 | 343 | | civil commitment or residing outside this state. During the period that 272 |
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344 | 344 | | such registration is under suspension, the department is not required to 273 |
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345 | 345 | | verify the residence address of the registrant pursuant to subsection (c) 274 |
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346 | 346 | | of this section and may withdraw the registration information from 275 |
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347 | 347 | | public access. Upon the release of the registrant from incarceration or 276 |
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348 | 348 | | civil commitment or resumption of residency in this state by the 277 |
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349 | 349 | | registrant, the department shall reinstate the registration, redistribute 278 |
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350 | 350 | | the registration information in accordance with subsection (a) of this 279 |
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351 | 351 | | section and resume verifying the residence address of the registrant in 280 |
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352 | 352 | | accordance with subsection (c) of this section. Suspension of registration 281 |
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353 | 353 | | shall not affect the date of expiration of the registration obligation of the 282 |
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354 | 354 | | registrant under section 54-251, 54-252 or 54-253. 283 |
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355 | 355 | | (c) Except as provided in subsection (b) of this section, the 284 |
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356 | 356 | | Department of Emergency Services and Public Protection shall verify 285 |
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357 | 357 | | the residence address of each registrant by mailing a nonforwardable 286 |
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358 | 358 | | verification form to the registrant at the registrant's last reported 287 |
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359 | 359 | | residence address. Such form shall require the registrant to sign a 288 |
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360 | 360 | | statement that the registrant continues to reside at the registrant's last 289 |
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361 | 361 | | reported residence address and return the form by mail by a date which 290 |
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362 | 362 | | is ten days after the date such form was mailed to the registrant. The 291 |
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363 | 363 | | form shall contain a statement that failure to return the form or 292 |
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364 | 364 | | providing false information is a violation of section 54-251, 54-252, 54-293 |
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365 | 365 | | 253 or 54-254, as the case may be. In the case of a registrant who resides 294 |
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366 | 366 | | (1) in a town in which mail delivery is effectuated by one or more post 295 |
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367 | 367 | | offices located in one or more different towns, or (2) at a residence 296 |
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368 | 368 | | address for which there is no residential mail delivery, the local police 297 |
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369 | 369 | | department or the state police troop having jurisdiction where the 298 |
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370 | 370 | | registrant resides shall verify in person such registrant's residence 299 |
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371 | 371 | | address. Each person required to register under section 54-251, 54-252, 300 |
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372 | 372 | | 54-253 or 54-254 shall have such person's residence address verified in 301 |
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373 | 373 | | such manner every ninety days after such person's initial registration 302 |
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374 | 374 | | date. In the event that a registrant fails to return the residence address 303 |
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375 | 375 | | verification form, the Department of Emergency Services and Public 304 |
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376 | 376 | | Protection shall notify the local police department or the state police 305 Raised Bill No. 6878 |
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377 | 377 | | |
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378 | 378 | | |
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379 | 379 | | |
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380 | 380 | | LCO No. 5701 11 of 14 |
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381 | 381 | | |
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382 | 382 | | troop having jurisdiction over the registrant's last reported residence 306 |
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383 | 383 | | address, and that agency shall apply for a warrant to be issued for the 307 |
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384 | 384 | | registrant's arrest under section 54-251, 54-252, 54-253 or 54-254, as the 308 |
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385 | 385 | | case may be. The Department of Emergency Services and Public 309 |
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386 | 386 | | Protection shall not verify the address of registrants whose last reported 310 |
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387 | 387 | | residence address was outside this state. 311 |
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388 | 388 | | (d) The Department of Emergency Services and Public Protection 312 |
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389 | 389 | | shall include in the registry the most recent photographic image of each 313 |
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390 | 390 | | registrant taken by the department, the Department of Correction, a law 314 |
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391 | 391 | | enforcement agency or the Court Support Services Division of the 315 |
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392 | 392 | | Judicial Department and shall retake the photographic image of each 316 |
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393 | 393 | | registrant at least once every five years. 317 |
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394 | 394 | | (e) Whenever the Commissioner of Emergency Services and Public 318 |
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395 | 395 | | Protection receives notice from a superior court pursuant to section 52-319 |
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396 | 396 | | 11 or a probate court pursuant to section 45a-99 that such court has 320 |
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397 | 397 | | ordered the change of name of a person, and the department determines 321 |
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398 | 398 | | that such person is listed in the registry, the department shall revise such 322 |
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399 | 399 | | person's registration information accordingly. 323 |
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400 | 400 | | (f) The Commissioner of Emergency Services and Public Protection 324 |
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401 | 401 | | shall develop a protocol for the notification of other state agencies, the 325 |
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402 | 402 | | Judicial Department and local police departments whenever a person 326 |
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403 | 403 | | listed in the registry changes such person's name and notifies the 327 |
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404 | 404 | | commissioner of the new name pursuant to section 54-251, 54-252, 54-328 |
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405 | 405 | | 253 or 54-254 or whenever the commissioner determines pursuant to 329 |
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406 | 406 | | subsection (e) of this section that a person listed in the registry has 330 |
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407 | 407 | | changed such person's name. 331 |
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408 | 408 | | Sec. 6. Subsection (a) of section 54-258 of the general statutes is 332 |
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409 | 409 | | repealed and the following is substituted in lieu thereof (Effective October 333 |
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410 | 410 | | 1, 2023): 334 |
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411 | 411 | | (a) (1) Notwithstanding any other provision of the general statutes, 335 |
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412 | 412 | | except subdivisions (3), (4) and (5) of this subsection, the registry 336 |
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413 | 413 | | maintained by the Department of Emergency Services and Public 337 Raised Bill No. 6878 |
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414 | 414 | | |
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415 | 415 | | |
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416 | 416 | | |
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417 | 417 | | LCO No. 5701 12 of 14 |
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418 | 418 | | |
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419 | 419 | | Protection shall be a public record and shall be accessible to the public 338 |
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420 | 420 | | during normal business hours. The Department of Emergency Services 339 |
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421 | 421 | | and Public Protection shall make registry information available to the 340 |
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422 | 422 | | public through the Internet. Not less than once per calendar quarter, the 341 |
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423 | 423 | | Department of Emergency Services and Public Protection shall issue 342 |
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424 | 424 | | notices to all print and electronic media in the state regarding the 343 |
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425 | 425 | | availability and means of accessing the registry. Each local police 344 |
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426 | 426 | | department and each state police troop shall keep a record of all 345 |
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427 | 427 | | registration information transmitted to it by the Department of 346 |
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428 | 428 | | Emergency Services and Public Protection, and shall make such 347 |
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429 | 429 | | information accessible to the public during normal business hours. 348 |
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430 | 430 | | (2) (A) Any state agency, the Judicial Department, any state police 349 |
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431 | 431 | | troop or any local police department may, at its discretion, notify any 350 |
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432 | 432 | | government agency, private organization or individual of registration 351 |
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433 | 433 | | information when such agency, said department, such troop or such 352 |
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434 | 434 | | local police department, as the case may be, believes such notification is 353 |
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435 | 435 | | necessary to protect the public or any individual in any jurisdiction from 354 |
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436 | 436 | | any person who is subject to registration under section 54-251, 54-252, 355 |
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437 | 437 | | 54-253 or 54-254. 356 |
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438 | 438 | | (B) (i) Whenever a registrant is released into the community, or 357 |
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439 | 439 | | whenever a registrant changes such registrant's residence address and 358 |
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440 | 440 | | notifies the Department of Emergency Services and Public Protection of 359 |
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441 | 441 | | such change pursuant to section 54-251, 54-252, 54-253 or 54-254, the 360 |
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442 | 442 | | Department of Emergency Services and Public Protection shall, by 361 |
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443 | 443 | | electronic mail, notify the superintendent of schools for the school 362 |
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444 | 444 | | district in which the registrant resides, or plans to reside, of such release 363 |
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445 | 445 | | or new residence address, and provide such superintendent with the 364 |
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446 | 446 | | same registry information for such registrant that the department makes 365 |
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447 | 447 | | available to the public through the Internet under subdivision (1) of this 366 |
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448 | 448 | | subsection. 367 |
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449 | 449 | | (ii) Whenever a registrant is released into the community, or 368 |
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450 | 450 | | whenever a registrant changes such registrant's residence address and 369 |
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451 | 451 | | notifies the Department of Emergency Services and Public Protection of 370 Raised Bill No. 6878 |
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452 | 452 | | |
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453 | 453 | | |
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454 | 454 | | |
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455 | 455 | | LCO No. 5701 13 of 14 |
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456 | 456 | | |
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457 | 457 | | such change pursuant to section 54-251, 54-252, 54-253 or 54-254, the 371 |
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458 | 458 | | Department of Emergency Services and Public Protection shall, by 372 |
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459 | 459 | | electronic mail, notify the chief executive officer of the municipality in 373 |
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460 | 460 | | which the registrant resides, or plans to reside, of such release or new 374 |
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461 | 461 | | residence address, and provide such chief executive officer with the 375 |
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462 | 462 | | same registry information for such registrant that the department makes 376 |
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463 | 463 | | available to the public through the Internet under subdivision (1) of this 377 |
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464 | 464 | | subsection. 378 |
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465 | 465 | | (3) Notwithstanding the provisions of subdivisions (1) and (2) of this 379 |
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466 | 466 | | subsection, state agencies, the Judicial Department, state police troops 380 |
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467 | 467 | | and local police departments shall not disclose the identity of any victim 381 |
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468 | 468 | | of a crime committed by a registrant or treatment information provided 382 |
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469 | 469 | | to the registry pursuant to sections 54-102g and 54-250 to 54-258a, 383 |
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470 | 470 | | inclusive, except to government agencies for bona fide law enforcement 384 |
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471 | 471 | | or security purposes. 385 |
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472 | 472 | | (4) Notwithstanding the provisions of subdivisions (1) and (2) of this 386 |
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473 | 473 | | subsection, registration information the dissemination of which has 387 |
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474 | 474 | | been restricted by court order pursuant to section 54-255 and which is 388 |
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475 | 475 | | not otherwise subject to disclosure, shall not be a public record and shall 389 |
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476 | 476 | | be released only for law enforcement purposes until such restriction is 390 |
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477 | 477 | | removed by the court pursuant to said section. 391 |
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478 | 478 | | (5) Notwithstanding the provisions of subdivisions (1) and (2) of this 392 |
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479 | 479 | | subsection, a registrant's electronic mail address, instant message 393 |
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480 | 480 | | address or other similar Internet communication identifier shall not be 394 |
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481 | 481 | | a public record, except that the Department of Emergency Services and 395 |
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482 | 482 | | Public Protection may release such identifier for law enforcement or 396 |
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483 | 483 | | security purposes in accordance with regulations adopted by the 397 |
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484 | 484 | | department. The department shall adopt regulations in accordance with 398 |
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485 | 485 | | chapter 54 to specify the circumstances under which and the persons to 399 |
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486 | 486 | | whom such identifiers may be released including, but not limited to, 400 |
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487 | 487 | | providers of electronic communication service or remote computing 401 |
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488 | 488 | | service, as those terms are defined in section 54-260b, and operators of 402 |
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489 | 489 | | Internet web sites, and the procedure therefor. 403 Raised Bill No. 6878 |
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490 | 490 | | |
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491 | 491 | | |
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492 | 492 | | |
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493 | 493 | | LCO No. 5701 14 of 14 |
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494 | 494 | | |
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495 | 495 | | (6) When any registrant completes the registrant's term of registration 404 |
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496 | 496 | | or is otherwise released from the obligation to register under section 54-405 |
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497 | 497 | | 251, 54-252, 54-253 or 54-254, the Department of Emergency Services and 406 |
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498 | 498 | | Public Protection shall notify any state police troop or local police 407 |
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499 | 499 | | department having jurisdiction over the registrant's last reported 408 |
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500 | 500 | | residence address that the person is no longer a registrant, and the 409 |
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501 | 501 | | Department of Emergency Services and Public Protection, state police 410 |
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502 | 502 | | troop and local police department shall remove the registrant's name 411 |
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503 | 503 | | and information from the registry. 412 |
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504 | 504 | | This act shall take effect as follows and shall amend the following |
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505 | 505 | | sections: |
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506 | 506 | | |
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507 | 507 | | Section 1 October 1, 2023 52-571k(d) |
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508 | 508 | | Sec. 2 October 1, 2023 53a-22 |
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509 | 509 | | Sec. 3 October 1, 2023 54-33o |
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510 | 510 | | Sec. 4 from passage 14-283a |
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511 | 511 | | Sec. 5 October 1, 2023 54-257 |
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512 | 512 | | Sec. 6 October 1, 2023 54-258(a) |
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513 | 513 | | |
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514 | 514 | | Statement of Purpose: |
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515 | 515 | | To (1) allow a police officer to make an interlocutory appeal of a trial |
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516 | 516 | | court's denial of an application of the defense of governmental |
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517 | 517 | | immunity, (2) employ a reasonable officer standard for determinations |
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518 | 518 | | of whether use of force is justified, (3) restore a police officer's ability to |
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519 | 519 | | request consent to search a motor vehicle under certain circumstances, |
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520 | 520 | | (4) cause a revision of the model police pursuit policy to include |
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521 | 521 | | provisions concerning pursuit of a person suspected of larceny of a |
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522 | 522 | | motor vehicle or a catalytic converter or trafficking in persons, and (5) |
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523 | 523 | | ensure that a person registered on the sex offense registry has registered |
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524 | 524 | | his or her actual residence address. |
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525 | 525 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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526 | 526 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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527 | 527 | | underlined.] |
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528 | 528 | | |
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