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OLR Bill Analysis
sSB 1436
AN ACT CONCERNING POLICE AND DEPARTMENT OF
CORRECTION DATA REPORTING REQUIREMENTS.
SUMMARY
This bill makes it a class D felony to intentionally make a false
statement in a law enforcement or Department of Correction (DOC)
record. Under the bill, a person is guilty of “false statement in a law
enforcement or DOC record” when the (1) person intentionally makes a
false written statement or enters false information or data in a law
enforcement or DOC record that he or she does not believe to be true
and (2) statement or entry is intended to mislead a public servant
performing his or her official function. (A class D felony is punishable
by up to five years in prison, a fine of up to $5,000, or both.)
The bill authorizes the Police Officer Standards and Training Council
(POST) to cancel or revoke a police officer’s certification if the officer’s
law enforcement unit (see BACKGROUND) , under its established
procedures, finds the officer made a false statement in a law
enforcement or DOC record. Existing law already authorizes POST to
do this if, among other things, the officer is found to have committed
any act that would (1) undermine public confidence in law enforcement,
including falsifying reports, or (2) constitute the crimes of tampering
with or fabricating physical evidence, perjury, or false statement (see
BACKGROUND) .
The bill also expands current law’s requirements to report law
enforcement officers’ violations to POST in two ways. First, it expands
the types of violations that the chief law enforcement officer or the
appointing authority, as applicable, must report to POST (see below).
Secondly, it requires the chief law enforcement officer’s appointing
authority to report the violation to POST if the violator is the chief law
enforcement officer. 2025SB-01436-R000798-BA.DOCX
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The bill also requires the chief law enforcement officer to promptly
notify the appropriate state’s attorney about any matter in which the
officer reasonably suspects that a certificate holder (i.e. certified police
officer) has engaged in criminal conduct that violates state law.
It also specifies that the Freedom of Information Act does not require
disclosure of any record related to a formal complaint against a police
officer (see BACKGROUN D) before the proper legal authority
investigates and adjudicates the complaint.
Lastly, it also makes conforming changes.
EFFECTIVE DATE: October 1, 2025
VIOLATION REPORTING TO POST
Under existing law, each law enforcement unit’s chief law
enforcement officer must report to POST when, under the unit’s
established procedures, an officer is found to have committed certain
violations. The bill expands this reporting requirement in two ways.
Expanded Violations
First, the bill expands the types of violations that the chief law
enforcement officer must report to POST to include when an officer is
found to have:
1. engaged in misconduct that reflects on his or her truthfulness,
including any act that constitutes the crimes of tampering with
or fabricating physical evidence, perjury, false statement, or false
statement in a law enforcement or DOC record, or
2. knowingly made a statement while acting in a law enforcement
capacity, which was found to be untruthful during a criminal,
civil, or administrative inquiry or proceeding.
Under the bill, a “law enforcement or DOC record” is information
collected or maintained (1) in connection with a law enforcement unit’s
detection or investigation of crimes or motor vehicle violations or (2) by
DOC, that is inscribed on a tangible medium, electronically stored, or 2025SB-01436-R000798-BA.DOCX
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other medium and is retrievable in perceivable form.
Chief Law Enforcement Officer’s Appointing Authority
Secondly, the bill requires the chief law enforcement officer’s
appointing authority to report the violation to POST when the violator
is the chief law enforcement officer, including the new violations added
by the bill (see above) and those under existing law.
Under existing law, the following must be reported to POST when a
certificate holder has been found by the unit, under its established
procedures, to have:
1. used unreasonable, excessive, or illegal force that (a) causes
serious physical injury to, or the death of, another person or (b)
was likely to cause serious physical injury or death to another
person;
2. while acting in a law enforcement capacity, failed to (a) intervene
or stop another police officer’s use of unreasonable, excessive, or
illegal force that (i) caused another person’s serious physical
injury or death or (ii) was likely to cause another person’s serious
physical injury or death, or (b) notify a supervisor and submit a
written report about the acts where the holder has personal
knowledge of the acts and had the ability to prevent them;
3. intentionally intimidated or harassed another person based on
actual or perceived protected class membership, identity, or
expression, and in doing so, threatened to commit or caused
physical injury to another person; and
4. been (a) terminated or dismissed for malfeasance or other serious
misconduct or (b) resigned or retired while under investigation.
BACKGROUND
Law Enforcement Unit
By law, a “law enforcement unit” is any state or municipal agency or
department (or tribal agency or department created and governed
under a memorandum of agreement) whose primary functions include 2025SB-01436-R000798-BA.DOCX
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enforcing criminal or traffic laws; preserving public order; protecting
life and property; or preventing, detecting, or investigating crime (CGS
§ 7-294a).
Existing False Statement Crime
Under existing law, a person is guilty of making a false statement,
which is a class A misdemeanor, when he or she (1) intentionally makes
a false written statement that the person does not believe to be true with
the intent to mislead a public servant performing an official function
and (2) makes the statement under oath or in a form bearing notice,
authorized by law, that false statements made in the form are
punishable (CGS § 53a-157b). (A class A misdemeanor is punishable by
up to 364 days in prison, a fine of up to $2,000, or both.)
Police Officer
By law, and under the bill, a “police officer” is a sworn member of an
organized local police department or the State Police, an appointed
constable who performs criminal law enforcement duties, certain
special policemen, or any member of a law enforcement unit who
performs police duties (CGS § 7-294a).
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 41 Nay 0 (04/08/2025)