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repealed and the following is substituted in lieu thereof (Effective October 2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 Section 53a-22 of the general statutes is repealed and the 16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