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General Assembly Raised Bill No. 1436
January Session, 2025
LCO No. 5561
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING POLICE DATA REPORTING REQUIREMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2025) (a) A person is guilty of 1
false statement in a law enforcement record when such person 2
intentionally makes a false written statement or enters false information 3
or data in a law enforcement record which such person does not believe 4
to be true and which statement or entry is intended to mislead a public 5
servant in the performance of such public servant's official function. 6
(b) As used in this section, a "law enforcement record" means 7
information collected or maintained in connection with the detection or 8
investigation of crimes or motor vehicle violations by a law enforcement 9
unit, as defined in section 7-294a of the general statutes, that is inscribed 10
on a tangible medium or that is stored in an electronic or other medium 11
and is retrievable in perceivable form. 12
(c) False statement in a law enforcement record is a class D felony. 13
Sec. 2. Subdivision (2) of subsection (c) of section 7-294d of the general 14
statutes is repealed and the following is substituted in lieu thereof 15
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(Effective October 1, 2025): 16
(2) The council may cancel or revoke any certificate if: (A) The 17
certificate was issued by administrative error, (B) the certificate was 18
obtained through misrepresentation or fraud, (C) the holder falsified 19
any document in order to obtain or renew any certificate, (D) the holder 20
has been convicted of a felony, (E) the holder has been found not guilty 21
of a felony by reason of mental disease or defect pursuant to section 53a-22
13, (F) the holder has been convicted of a violation of section 21a-279, 23
(G) the holder has been refused issuance of a certificate or similar 24
authorization or has had his or her certificate or other authorization 25
cancelled or revoked by another jurisdiction on grounds which would 26
authorize cancellation or revocation under the provisions of this 27
subdivision, (H) the holder has been found by a law enforcement unit, 28
pursuant to procedures established by such unit, to have used a firearm 29
in an improper manner which resulted in the death or serious physical 30
injury of another person, (I) the holder has been found by a law 31
enforcement unit, pursuant to procedures established by such unit and 32
considering guidance developed under subsection (g) of this section, to 33
have engaged in conduct that undermines public confidence in law 34
enforcement, including, but not limited to, discriminatory conduct, 35
falsification of reports, issuances of orders that are not lawful orders, 36
failure to report or timely report a death in violation of section 7-294mm 37
or a violation of the Alvin W. Penn Racial Profiling Prohibition Act 38
pursuant to sections 54-1l and 54-1m, provided, when evaluating any 39
such conduct, the council considers such conduct engaged in while the 40
holder is acting in such holder's law enforcement capacity or 41
representing himself or herself to be a police officer to be more serious 42
than such conduct engaged in by a holder not acting in such holder's 43
law enforcement capacity or representing himself or herself to be a 44
police officer, (J) the holder has been found by a law enforcement unit, 45
pursuant to procedures established by such unit, to have used physical 46
force on another person in a manner that is excessive or used physical 47
force in a manner found to not be justifiable after an investigation 48
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conducted pursuant to section 51-277a, or (K) the holder has been found 49
by a law enforcement unit, pursuant to procedures established by such 50
unit, to have committed any act that would constitute tampering with 51
or fabricating physical evidence in violation of section 53a-155, perjury 52
in violation of section 53a-156, [or] false statement in violation of section 53
53a-157b or false statement in a law enforcement record in violation of 54
section 1 of this act. Whenever the council believes there is a reasonable 55
basis for suspension, cancellation or revocation of the certification of a 56
police officer, police training school or law enforcement instructor, it 57
shall give notice and an adequate opportunity for a hearing prior to such 58
suspension, cancellation or revocation. Such hearing shall be conducted 59
in accordance with the provisions of chapter 54. Any holder aggrieved 60
by the decision of the council may appeal from such decision in 61
accordance with the provisions of section 4-183. The council may cancel 62
or revoke any certificate if, after a de novo review, it finds by clear and 63
convincing evidence (i) a basis set forth in subparagraphs (A) to (G), 64
inclusive, of this subdivision, or (ii) that the holder of the certificate 65
committed an act set forth in subparagraph (H), (I), (J) or (K) of this 66
subdivision. In any such case where the council finds such evidence, but 67
determines that the severity of an act committed by the holder of the 68
certificate does not warrant cancellation or revocation of such holder's 69
certificate, the council may suspend such holder's certification for a 70
period of up to forty-five days and may censure such holder of the 71
certificate. Any police officer or law enforcement instructor whose 72
certification is cancelled or revoked pursuant to this section may 73
reapply for certification no sooner than two years after the date on 74
which the cancellation or revocation order becomes final. Any police 75
training school whose certification is cancelled or revoked pursuant to 76
this section may reapply for certification at any time after the date on 77
which such order becomes final. For purposes of this subdivision, a 78
lawful order is an order issued by a police officer who is in uniform or 79
has identified himself or herself as a police officer to the person such 80
order is issued to at the time such order is issued, and which order is 81
reasonably related to the fulfillment of the duties of the police officer 82
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who is issuing such order, does not violate any provision of state or 83
federal law and is only issued for the purposes of (I) preventing, 84
detecting, investigating or stopping a crime, (II) protecting a person or 85
property from harm, (III) apprehending a person suspected of a crime, 86
(IV) enforcing a law, (V) regulating traffic, or (VI) assisting in emergency 87
relief, including the administration of first aid. 88
Sec. 3. Subsection (h) of section 7-294d of the general statutes is 89
repealed and the following is substituted in lieu thereof (Effective October 90
1, 2025): 91
(h) (1) The chief law enforcement officer of each law enforcement 92
unit, or, in the case of a violation by the chief law enforcement officer, 93
the appointing authority of such chief law enforcement officer, shall 94
report to the council any violation where a certificate holder has been 95
found by the law enforcement unit, pursuant to procedures established 96
by such unit, to have: (A) Used unreasonable, excessive or illegal force 97
that causes serious physical injury to or the death of another person, or 98
used unreasonable, excessive or illegal force that was likely to cause 99
serious physical injury or death to another person; (B) while acting in a 100
law enforcement capacity, failed to intervene or stop the use of 101
unreasonable, excessive or illegal force by another police officer that 102
caused serious physical injury or death to another person, or 103
unreasonable, excessive or illegal force that was likely to cause serious 104
physical injury or death to another person, or to notify a supervisor and 105
submit a written report of such acts where the holder has personal 106
knowledge of such acts and had the ability to prevent such acts; (C) 107
intentionally intimidated or harassed another person based upon actual 108
or perceived protected class membership, identity or expression and in 109
doing so threatened to commit or caused physical injury to another 110
person; [and] (D) been terminated, dismissed, resigned or retired under 111
circumstances described in section 7-291c; or (E) engaged in misconduct 112
that reflects upon the truthfulness of the certificate holder, including, 113
but not limited to, (i) the commission of any act that would constitute 114
tampering with or fabricating physical evidence in violation of section 115
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53a-155, perjury in violation of section 53a-156, false statement in 116
violation of section 53a-157b or false statement in a law enforcement 117
record in violation of section 1 of this act, or (ii) while acting in a law 118
enforcement capacity, knowingly making a statement found to be 119
untruthful during a criminal, civil or administrative inquiry or 120
proceeding. 121
(2) If the chief law enforcement officer of any municipal police 122
department or the Department of Emergency Services and Public 123
Protection fails to report to the council as required in subdivision (1) of 124
this subsection, the council shall notify the Inspector General who shall 125
investigate such failure to report. The Inspector General shall report the 126
findings of the investigation to the Governor and joint standing 127
committee of the General Assembly having cognizance of matters 128
relating to the judiciary in accordance with the provisions of section 11-129
4a. 130
(3) The chief law enforcement officer of each law enforcement unit 131
shall promptly notify the appropriate state's attorney of any matter in 132
which the chief law enforcement officer reasonably suspects that a 133
certificate holder has engaged in conduct that constitutes a violation of 134
any criminal law of this state. 135
Sec. 4. Subsection (b) of section 1-210 of the general statutes is 136
repealed and the following is substituted in lieu thereof (Effective October 137
1, 2025): 138
(b) Nothing in the Freedom of Information Act shall be construed to 139
require disclosure of: 140
(1) Preliminary drafts or notes provided the public agency has 141
determined that the public interest in withholding such documents 142
clearly outweighs the public interest in disclosure; 143
(2) Personnel or medical files and similar files the disclosure of which 144
would constitute an invasion of personal privacy; 145
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(3) Records of law enforcement agencies not otherwise available to 146
the public which records were compiled in connection with the 147
detection or investigation of crime, if the disclosure of such records 148
would not be in the public interest because it would result in the 149
disclosure of (A) the identity of informants or mandated reporters, as 150
described in subsection (b) of section 17a-101, not otherwise known or 151
the identity of witnesses not otherwise known whose safety would be 152
endangered or who would be subject to threat or intimidation if their 153
identity was made known, (B) the identity of minor witnesses, (C) 154
signed or sworn statements of witnesses, (D) information to be used in 155
a prospective law enforcement action if prejudicial to such action, (E) 156
investigatory techniques not otherwise known to the general public, (F) 157
arrest records of a juvenile, which shall also include any investigatory 158
files, concerning the arrest of such juvenile, compiled for law 159
enforcement purposes, (G) the name and address of the victim of a 160
sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 161
53a-73a, voyeurism under section 53a-189a, injury or risk of injury, or 162
impairing of morals under section 53-21 or family violence, as defined 163
in section 46b-38a, or of an attempt thereof, or (H) uncorroborated 164
allegations subject to destruction pursuant to section 1-216; 165
(4) Records pertaining to strategy and negotiations with respect to 166
pending claims or pending litigation to which the public agency is a 167
party until such litigation or claim has been finally adjudicated or 168
otherwise settled; 169
(5) (A) Trade secrets, which for purposes of the Freedom of 170
Information Act, are defined as information, including formulas, 171
patterns, compilations, programs, devices, methods, techniques, 172
processes, drawings, cost data, customer lists, film or television scripts 173
or detailed production budgets that (i) derive independent economic 174
value, actual or potential, from not being generally known to, and not 175
being readily ascertainable by proper means by, other persons who can 176
obtain economic value from their disclosure or use, and (ii) are the 177
subject of efforts that are reasonable under the circumstances to 178
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maintain secrecy; and 179
(B) Commercial or financial information given in confidence, not 180
required by statute; 181
(6) Test questions, scoring keys and other examination data used to 182
administer a licensing examination, examination for employment or 183
academic examinations; 184
(7) The contents of real estate appraisals, engineering or feasibility 185
estimates and evaluations made for or by an agency relative to the 186
acquisition of property or to prospective public supply and construction 187
contracts, until such time as all of the property has been acquired or all 188
proceedings or transactions have been terminated or abandoned, 189
provided the law of eminent domain shall not be affected by this 190
provision; 191
(8) Statements of personal worth or personal financial data required 192
by a licensing agency and filed by an applicant with such licensing 193
agency to establish the applicant's personal qualification for the license, 194
certificate or permit applied for; 195
(9) Records, reports and statements of strategy or negotiations with 196
respect to collective bargaining; 197
(10) Records, tax returns, reports and statements exempted by federal 198
law or the general statutes or communications privileged by the 199
attorney-client relationship, marital relationship, clergy-penitent 200
relationship, doctor-patient relationship, therapist-patient relationship 201
or any other privilege established by the common law or the general 202
statutes, including any such records, tax returns, reports or 203
communications that were created or made prior to the establishment 204
of the applicable privilege under the common law or the general 205
statutes; 206
(11) Names or addresses of students enrolled in any public school or 207
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college without the consent of each student whose name or address is to 208
be disclosed who is eighteen years of age or older and a parent or 209
guardian of each such student who is younger than eighteen years of 210
age, provided this subdivision shall not be construed as prohibiting the 211
disclosure of the names or addresses of students enrolled in any public 212
school in a regional school district to the board of selectmen or town 213
board of finance, as the case may be, of the town wherein the student 214
resides for the purpose of verifying tuition payments made to such 215
school; 216
(12) Any information obtained by the use of illegal means; 217
(13) Records of an investigation, including any complaint or the name 218
of a person providing information under the provisions of section 4-219
61dd or sections 4-276 to 4-280, inclusive; 220
(14) Adoption records and information provided for in sections 45a-221
746, 45a-750 and 45a-751; 222
(15) Any page of a primary petition, nominating petition, referendum 223
petition or petition for a town meeting submitted under any provision 224
of the general statutes or of any special act, municipal charter or 225
ordinance, until the required processing and certification of such page 226
has been completed by the official or officials charged with such duty 227
after which time disclosure of such page shall be required; 228
(16) Records of complaints, including information compiled in the 229
investigation thereof, brought to a municipal health authority pursuant 230
to chapter 368e or a district department of health pursuant to chapter 231
368f, until such time as the investigation is concluded or thirty days 232
from the date of receipt of the complaint, whichever occurs first; 233
(17) Educational records which are not subject to disclosure under the 234
Family Educational Rights and Privacy Act, 20 USC 1232g; 235
(18) Records, the disclosure of which the Commissioner of 236
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Correction, or as it applies to Whiting Forensic Hospital, the 237
Commissioner of Mental Health and Addiction Services, has reasonable 238
grounds to believe may result in a safety risk, including the risk of harm 239
to any person or the risk of an escape from, or a disorder in, a 240
correctional institution or facility under the supervision of the 241
Department of Correction or Whiting Forensic Hospital. Such records 242
shall include, but are not limited to: 243
(A) Security manuals, including emergency plans contained or 244
referred to in such security manuals; 245
(B) Engineering and architectural drawings of correctional 246
institutions or facilities or Whiting Forensic Hospital facilities; 247
(C) Operational specifications of security systems utilized by the 248
Department of Correction at any correctional institution or facility or 249
Whiting Forensic Hospital facilities, except that a general description of 250
any such security system and the cost and quality of such system may 251
be disclosed; 252
(D) Training manuals prepared for correctional institutions and 253
facilities or Whiting Forensic Hospital facilities that describe, in any 254
manner, security procedures, emergency plans or security equipment; 255
(E) Internal security audits of correctional institutions and facilities or 256
Whiting Forensic Hospital facilities; 257
(F) Minutes or recordings of staff meetings of the Department of 258
Correction or Whiting Forensic Hospital facilities, or portions of such 259
minutes or recordings, that contain or reveal information relating to 260
security or other records otherwise exempt from disclosure under this 261
subdivision; 262
(G) Logs or other documents that contain information on the 263
movement or assignment of inmates or staff at correctional institutions 264
or facilities; and 265
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(H) Records that contain information on contacts between inmates, as 266
defined in section 18-84, and law enforcement officers; 267
(19) Records when there are reasonable grounds to believe disclosure 268
may result in a safety risk, including the risk of harm to any person, any 269
government-owned or leased institution or facility or any fixture or 270
appurtenance and equipment attached to, or contained in, such 271
institution or facility, except that such records shall be disclosed to a law 272
enforcement agency upon the request of the law enforcement agency. 273
Such reasonable grounds shall be determined (A) (i) by the 274
Commissioner of Administrative Services, after consultation with the 275
chief executive officer of an executive branch state agency, with respect 276
to records concerning such agency; and (ii) by the Commissioner of 277
Emergency Services and Public Protection, after consultation with the 278
chief executive officer of a municipal, district or regional agency, with 279
respect to records concerning such agency; (B) by the Chief Court 280
Administrator with respect to records concerning the Judicial 281
Department; and (C) by the executive director of the Joint Committee on 282
Legislative Management, with respect to records concerning the 283
Legislative Department. As used in this section, "government-owned or 284
leased institution or facility" includes, but is not limited to, an institution 285
or facility owned or leased by a public service company, as defined in 286
section 16-1, other than a water company, as defined in section 25-32a, a 287
certified telecommunications provider, as defined in section 16-1, or a 288
municipal utility that furnishes electric or gas service, but does not 289
include an institution or facility owned or leased by the federal 290
government, and "chief executive officer" includes, but is not limited to, 291
an agency head, department head, executive director or chief executive 292
officer. Such records include, but are not limited to: 293
(i) Security manuals or reports; 294
(ii) Engineering and architectural drawings of government-owned or 295
leased institutions or facilities; 296
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(iii) Operational specifications of security systems utilized at any 297
government-owned or leased institution or facility, except that a general 298
description of any such security system and the cost and quality of such 299
system may be disclosed; 300
(iv) Training manuals prepared for government-owned or leased 301
institutions or facilities that describe, in any manner, security 302
procedures, emergency plans or security equipment; 303
(v) Internal security audits of government-owned or leased 304
institutions or facilities; 305
(vi) Minutes or records of meetings, or portions of such minutes or 306
records, that contain or reveal information relating to security or other 307
records otherwise exempt from disclosure under this subdivision; 308
(vii) Logs or other documents that contain information on the 309
movement or assignment of security personnel; and 310
(viii) Emergency plans and emergency preparedness, response, 311
recovery and mitigation plans, including plans provided by a person to 312
a state agency or a local emergency management agency or official; 313
(20) Records of standards, procedures, processes, software and codes, 314
not otherwise available to the public, the disclosure of which would 315
compromise the security or integrity of an information technology 316
system; 317
(21) The residential, work or school address of any participant in the 318
address confidentiality program established pursuant to sections 54-240 319
to 54-240o, inclusive; 320
(22) The electronic mail address of any person that is obtained by the 321
Department of Transportation in connection with the implementation 322
or administration of any plan to inform individuals about significant 323
highway or railway incidents; 324
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(23) The name or address of any minor enrolled in any parks and 325
recreation program administered or sponsored by any public agency; 326
(24) Responses to any request for proposals or bid solicitation issued 327
by a public agency, responses by a public agency to any request for 328
proposals or bid solicitation issued by a private entity or any record or 329
file made by a public agency in connection with the contract award 330
process, until such contract is executed or negotiations for the award of 331
such contract have ended, whichever occurs earlier, provided the chief 332
executive officer of such public agency certifies that the public interest 333
in the disclosure of such responses, record or file is outweighed by the 334
public interest in the confidentiality of such responses, record or file; 335
(25) The name, address, telephone number or electronic mail address 336
of any person enrolled in any senior center program or any member of 337
a senior center administered or sponsored by any public agency; 338
(26) All records obtained during the course of inspection, 339
investigation, examination and audit activities of an institution, as 340
defined in section 19a-490, that are confidential pursuant to a contract 341
between the Department of Public Health and the United States 342
Department of Health and Human Services relating to the Medicare and 343
Medicaid programs; 344
(27) Any record created by a law enforcement agency or other federal, 345
state, or municipal governmental agency consisting of a photograph, 346
film, video or digital or other visual image depicting (A) (i) a victim of 347
domestic or sexual abuse, (ii) a victim of homicide or suicide, or (iii) a 348
deceased victim of an accident, if disclosure could reasonably be 349
expected to constitute an unwarranted invasion of the personal privacy 350
of the victim or the victim's surviving family members, or (B) a minor, 351
unless disclosure is required in accordance with the provisions of 352
subdivision (2) of subsection (g) of section 29-6d; 353
(28) Any records maintained or kept on file by an executive branch 354
agency or public institution of higher education, including 355
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documentation prepared or obtained prior to May 25, 2016, relating to 356
claims of or testing for faulty or failing concrete foundations in 357
residential buildings and documents or materials prepared by an 358
executive branch agency or public institution of higher education 359
relating to such records; 360
(29) Any record pertaining to a formal complaint against a police 361
officer, as defined in section 7-294a, prior to such complaint being 362
investigated and adjudicated by the proper legal authority. 363
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 New section
Sec. 2 October 1, 2025 7-294d(c)(2)
Sec. 3 October 1, 2025 7-294d(h)
Sec. 4 October 1, 2025 1-210(b)
Statement of Purpose:
To (1) establish as a crime the making of a false statement in a law
enforcement record, (2) make such violation a reason to cancel or revoke
a police officer's certification, (3) require prompt notification to the
appropriate state's attorney of any suspected criminal violation by a
police officer, and (4) create an exception for disclosure of a formal
complaint against a police officer that has not yet been adjudicated.
[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.]