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General Assembly Substitute Bill No. 1436
January Session, 2025
AN ACT CONCERNING POLICE AND DEPARTMENT OF
CORRECTION 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 incarceration or 8
the detection or investigation of crimes or motor vehicle violations by a 9
law enforcement unit, as defined in section 7-294a of the general 10
statutes, or the Department of Correction that is inscribed on a tangible 11
medium or that is stored in an electronic or other medium and is 12
retrievable in perceivable form. 13
(c) False statement in a law enforcement record is a class D felony. 14
Sec. 2. Subdivision (2) of subsection (c) of section 7-294d of the general 15
statutes is repealed and the following is substituted in lieu thereof 16
(Effective October 1, 2025): 17 Substitute Bill No. 1436
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(2) The council may cancel or revoke any certificate if: (A) The 18
certificate was issued by administrative error, (B) the certificate was 19
obtained through misrepresentation or fraud, (C) the holder falsified 20
any document in order to obtain or renew any certificate, (D) the holder 21
has been convicted of a felony, (E) the holder has been found not guilty 22
of a felony by reason of mental disease or defect pursuant to section 53a-23
13, (F) the holder has been convicted of a violation of section 21a-279, 24
(G) the holder has been refused issuance of a certificate or similar 25
authorization or has had his or her certificate or other authorization 26
cancelled or revoked by another jurisdiction on grounds which would 27
authorize cancellation or revocation under the provisions of this 28
subdivision, (H) the holder has been found by a law enforcement unit, 29
pursuant to procedures established by such unit, to have used a firearm 30
in an improper manner which resulted in the death or serious physical 31
injury of another person, (I) the holder has been found by a law 32
enforcement unit, pursuant to procedures established by such unit and 33
considering guidance developed under subsection (g) of this section, to 34
have engaged in conduct that undermines public confidence in law 35
enforcement, including, but not limited to, discriminatory conduct, 36
falsification of reports, issuances of orders that are not lawful orders, 37
failure to report or timely report a death in violation of section 7-294mm 38
or a violation of the Alvin W. Penn Racial Profiling Prohibition Act 39
pursuant to sections 54-1l and 54-1m, provided, when evaluating any 40
such conduct, the council considers such conduct engaged in while the 41
holder is acting in such holder's law enforcement capacity or 42
representing himself or herself to be a police officer to be more serious 43
than such conduct engaged in by a holder not acting in such holder's 44
law enforcement capacity or representing himself or herself to be a 45
police officer, (J) the holder has been found by a law enforcement unit, 46
pursuant to procedures established by such unit, to have used physical 47
force on another person in a manner that is excessive or used physical 48
force in a manner found to not be justifiable after an investigation 49
conducted pursuant to section 51-277a, or (K) the holder has been found 50
by a law enforcement unit, pursuant to procedures established by such 51
unit, to have committed any act that would constitute tampering with 52 Substitute Bill No. 1436
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or fabricating physical evidence in violation of section 53a-155, perjury 53
in violation of section 53a-156, [or] false statement in violation of section 54
53a-157b or false statement in a law enforcement record in violation of 55
section 1 of this act. Whenever the council believes there is a reasonable 56
basis for suspension, cancellation or revocation of the certification of a 57
police officer, police training school or law enforcement instructor, it 58
shall give notice and an adequate opportunity for a hearing prior to such 59
suspension, cancellation or revocation. Such hearing shall be conducted 60
in accordance with the provisions of chapter 54. Any holder aggrieved 61
by the decision of the council may appeal from such decision in 62
accordance with the provisions of section 4-183. The council may cancel 63
or revoke any certificate if, after a de novo review, it finds by clear and 64
convincing evidence (i) a basis set forth in subparagraphs (A) to (G), 65
inclusive, of this subdivision, or (ii) that the holder of the certificate 66
committed an act set forth in subparagraph (H), (I), (J) or (K) of this 67
subdivision. In any such case where the council finds such evidence, but 68
determines that the severity of an act committed by the holder of the 69
certificate does not warrant cancellation or revocation of such holder's 70
certificate, the council may suspend such holder's certification for a 71
period of up to forty-five days and may censure such holder of the 72
certificate. Any police officer or law enforcement instructor whose 73
certification is cancelled or revoked pursuant to this section may 74
reapply for certification no sooner than two years after the date on 75
which the cancellation or revocation order becomes final. Any police 76
training school whose certification is cancelled or revoked pursuant to 77
this section may reapply for certification at any time after the date on 78
which such order becomes final. For purposes of this subdivision, a 79
lawful order is an order issued by a police officer who is in uniform or 80
has identified himself or herself as a police officer to the person such 81
order is issued to at the time such order is issued, and which order is 82
reasonably related to the fulfillment of the duties of the police officer 83
who is issuing such order, does not violate any provision of state or 84
federal law and is only issued for the purposes of (I) preventing, 85
detecting, investigating or stopping a crime, (II) protecting a person or 86
property from harm, (III) apprehending a person suspected of a crime, 87 Substitute Bill No. 1436
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(IV) enforcing a law, (V) regulating traffic, or (VI) assisting in emergency 88
relief, including the administration of first aid. 89
Sec. 3. Subsection (h) of section 7-294d of the general statutes is 90
repealed and the following is substituted in lieu thereof (Effective October 91
1, 2025): 92
(h) (1) The chief law enforcement officer of each law enforcement 93
unit, or, in the case of a violation by the chief law enforcement officer, 94
the appointing authority of such chief law enforcement officer, shall 95
report to the council any violation where a certificate holder has been 96
found by the law enforcement unit, pursuant to procedures established 97
by such unit, to have: (A) Used unreasonable, excessive or illegal force 98
that causes serious physical injury to or the death of another person, or 99
used unreasonable, excessive or illegal force that was likely to cause 100
serious physical injury or death to another person; (B) while acting in a 101
law enforcement capacity, failed to intervene or stop the use of 102
unreasonable, excessive or illegal force by another police officer that 103
caused serious physical injury or death to another person, or 104
unreasonable, excessive or illegal force that was likely to cause serious 105
physical injury or death to another person, or to notify a supervisor and 106
submit a written report of such acts where the holder has personal 107
knowledge of such acts and had the ability to prevent such acts; (C) 108
intentionally intimidated or harassed another person based upon actual 109
or perceived protected class membership, identity or expression and in 110
doing so threatened to commit or caused physical injury to another 111
person; [and] (D) been terminated, dismissed, resigned or retired under 112
circumstances described in section 7-291c; or (E) engaged in misconduct 113
that reflects upon the truthfulness of the certificate holder, including, 114
but not limited to, (i) the commission of any act that would constitute 115
tampering with or fabricating physical evidence in violation of section 116
53a-155, perjury in violation of section 53a-156, false statement in 117
violation of section 53a-157b or false statement in a law enforcement 118
record in violation of section 1 of this act, or (ii) while acting in a law 119
enforcement capacity, knowingly making a statement found to be 120
untruthful during a criminal, civil or administrative inquiry or 121 Substitute Bill No. 1436
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proceeding. 122
(2) If the chief law enforcement officer of any municipal police 123
department or the Department of Emergency Services and Public 124
Protection fails to report to the council as required in subdivision (1) of 125
this subsection, the council shall notify the Inspector General who shall 126
investigate such failure to report. The Inspector General shall report the 127
findings of the investigation to the Governor and joint standing 128
committee of the General Assembly having cognizance of matters 129
relating to the judiciary in accordance with the provisions of section 11-130
4a. 131
(3) The chief law enforcement officer of each law enforcement unit 132
shall promptly notify the appropriate state's attorney of any matter in 133
which the chief law enforcement officer reasonably suspects that a 134
certificate holder has engaged in conduct that constitutes a violation of 135
any criminal law of this state. 136
Sec. 4. Subsection (b) of section 1-210 of the general statutes is 137
repealed and the following is substituted in lieu thereof (Effective October 138
1, 2025): 139
(b) Nothing in the Freedom of Information Act shall be construed to 140
require disclosure of: 141
(1) Preliminary drafts or notes provided the public agency has 142
determined that the public interest in withholding such documents 143
clearly outweighs the public interest in disclosure; 144
(2) Personnel or medical files and similar files the disclosure of which 145
would constitute an invasion of personal privacy; 146
(3) Records of law enforcement agencies not otherwise available to 147
the public which records were compiled in connection with the 148
detection or investigation of crime, if the disclosure of such records 149
would not be in the public interest because it would result in the 150
disclosure of (A) the identity of informants or mandated reporters, as 151 Substitute Bill No. 1436
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described in subsection (b) of section 17a-101, not otherwise known or 152
the identity of witnesses not otherwise known whose safety would be 153
endangered or who would be subject to threat or intimidation if their 154
identity was made known, (B) the identity of minor witnesses, (C) 155
signed or sworn statements of witnesses, (D) information to be used in 156
a prospective law enforcement action if prejudicial to such action, (E) 157
investigatory techniques not otherwise known to the general public, (F) 158
arrest records of a juvenile, which shall also include any investigatory 159
files, concerning the arrest of such juvenile, compiled for law 160
enforcement purposes, (G) the name and address of the victim of a 161
sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 162
53a-73a, voyeurism under section 53a-189a, injury or risk of injury, or 163
impairing of morals under section 53-21 or family violence, as defined 164
in section 46b-38a, or of an attempt thereof, or (H) uncorroborated 165
allegations subject to destruction pursuant to section 1-216; 166
(4) Records pertaining to strategy and negotiations with respect to 167
pending claims or pending litigation to which the public agency is a 168
party until such litigation or claim has been finally adjudicated or 169
otherwise settled; 170
(5) (A) Trade secrets, which for purposes of the Freedom of 171
Information Act, are defined as information, including formulas, 172
patterns, compilations, programs, devices, methods, techniques, 173
processes, drawings, cost data, customer lists, film or television scripts 174
or detailed production budgets that (i) derive independent economic 175
value, actual or potential, from not being generally known to, and not 176
being readily ascertainable by proper means by, other persons who can 177
obtain economic value from their disclosure or use, and (ii) are the 178
subject of efforts that are reasonable under the circumstances to 179
maintain secrecy; and 180
(B) Commercial or financial information given in confidence, not 181
required by statute; 182
(6) Test questions, scoring keys and other examination data used to 183 Substitute Bill No. 1436
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administer a licensing examination, examination for employment or 184
academic examinations; 185
(7) The contents of real estate appraisals, engineering or feasibility 186
estimates and evaluations made for or by an agency relative to the 187
acquisition of property or to prospective public supply and construction 188
contracts, until such time as all of the property has been acquired or all 189
proceedings or transactions have been terminated or abandoned, 190
provided the law of eminent domain shall not be affected by this 191
provision; 192
(8) Statements of personal worth or personal financial data required 193
by a licensing agency and filed by an applicant with such licensing 194
agency to establish the applicant's personal qualification for the license, 195
certificate or permit applied for; 196
(9) Records, reports and statements of strategy or negotiations with 197
respect to collective bargaining; 198
(10) Records, tax returns, reports and statements exempted by federal 199
law or the general statutes or communications privileged by the 200
attorney-client relationship, marital relationship, clergy-penitent 201
relationship, doctor-patient relationship, therapist-patient relationship 202
or any other privilege established by the common law or the general 203
statutes, including any such records, tax returns, reports or 204
communications that were created or made prior to the establishment 205
of the applicable privilege under the common law or the general 206
statutes; 207
(11) Names or addresses of students enrolled in any public school or 208
college without the consent of each student whose name or address is to 209
be disclosed who is eighteen years of age or older and a parent or 210
guardian of each such student who is younger than eighteen years of 211
age, provided this subdivision shall not be construed as prohibiting the 212
disclosure of the names or addresses of students enrolled in any public 213
school in a regional school district to the board of selectmen or town 214
board of finance, as the case may be, of the town wherein the student 215 Substitute Bill No. 1436
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resides for the purpose of verifying tuition payments made to such 216
school; 217
(12) Any information obtained by the use of illegal means; 218
(13) Records of an investigation, including any complaint or the name 219
of a person providing information under the provisions of section 4-220
61dd or sections 4-276 to 4-280, inclusive; 221
(14) Adoption records and information provided for in sections 45a-222
746, 45a-750 and 45a-751; 223
(15) Any page of a primary petition, nominating petition, referendum 224
petition or petition for a town meeting submitted under any provision 225
of the general statutes or of any special act, municipal charter or 226
ordinance, until the required processing and certification of such page 227
has been completed by the official or officials charged with such duty 228
after which time disclosure of such page shall be required; 229
(16) Records of complaints, including information compiled in the 230
investigation thereof, brought to a municipal health authority pursuant 231
to chapter 368e or a district department of health pursuant to chapter 232
368f, until such time as the investigation is concluded or thirty days 233
from the date of receipt of the complaint, whichever occurs first; 234
(17) Educational records which are not subject to disclosure under the 235
Family Educational Rights and Privacy Act, 20 USC 1232g; 236
(18) Records, the disclosure of which the Commissioner of 237
Correction, or as it applies to Whiting Forensic Hospital, the 238
Commissioner of Mental Health and Addiction Services, has reasonable 239
grounds to believe may result in a safety risk, including the risk of harm 240
to any person or the risk of an escape from, or a disorder in, a 241
correctional institution or facility under the supervision of the 242
Department of Correction or Whiting Forensic Hospital. Such records 243
shall include, but are not limited to: 244
(A) Security manuals, including emergency plans contained or 245 Substitute Bill No. 1436
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referred to in such security manuals; 246
(B) Engineering and architectural drawings of correctional 247
institutions or facilities or Whiting Forensic Hospital facilities; 248
(C) Operational specifications of security systems utilized by the 249
Department of Correction at any correctional institution or facility or 250
Whiting Forensic Hospital facilities, except that a general description of 251
any such security system and the cost and quality of such system may 252
be disclosed; 253
(D) Training manuals prepared for correctional institutions and 254
facilities or Whiting Forensic Hospital facilities that describe, in any 255
manner, security procedures, emergency plans or security equipment; 256
(E) Internal security audits of correctional institutions and facilities or 257
Whiting Forensic Hospital facilities; 258
(F) Minutes or recordings of staff meetings of the Department of 259
Correction or Whiting Forensic Hospital facilities, or portions of such 260
minutes or recordings, that contain or reveal information relating to 261
security or other records otherwise exempt from disclosure under this 262
subdivision; 263
(G) Logs or other documents that contain information on the 264
movement or assignment of inmates or staff at correctional institutions 265
or facilities; and 266
(H) Records that contain information on contacts between inmates, as 267
defined in section 18-84, and law enforcement officers; 268
(19) Records when there are reasonable grounds to believe disclosure 269
may result in a safety risk, including the risk of harm to any person, any 270
government-owned or leased institution or facility or any fixture or 271
appurtenance and equipment attached to, or contained in, such 272
institution or facility, except that such records shall be disclosed to a law 273
enforcement agency upon the request of the law enforcement agency. 274
Such reasonable grounds shall be determined (A) (i) by the 275 Substitute Bill No. 1436
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Commissioner of Administrative Services, after consultation with the 276
chief executive officer of an executive branch state agency, with respect 277
to records concerning such agency; and (ii) by the Commissioner of 278
Emergency Services and Public Protection, after consultation with the 279
chief executive officer of a municipal, district or regional agency, with 280
respect to records concerning such agency; (B) by the Chief Court 281
Administrator with respect to records concerning the Judicial 282
Department; and (C) by the executive director of the Joint Committee on 283
Legislative Management, with respect to records concerning the 284
Legislative Department. As used in this section, "government-owned or 285
leased institution or facility" includes, but is not limited to, an institution 286
or facility owned or leased by a public service company, as defined in 287
section 16-1, other than a water company, as defined in section 25-32a, a 288
certified telecommunications provider, as defined in section 16-1, or a 289
municipal utility that furnishes electric or gas service, but does not 290
include an institution or facility owned or leased by the federal 291
government, and "chief executive officer" includes, but is not limited to, 292
an agency head, department head, executive director or chief executive 293
officer. Such records include, but are not limited to: 294
(i) Security manuals or reports; 295
(ii) Engineering and architectural drawings of government-owned or 296
leased institutions or facilities; 297
(iii) Operational specifications of security systems utilized at any 298
government-owned or leased institution or facility, except that a general 299
description of any such security system and the cost and quality of such 300
system may be disclosed; 301
(iv) Training manuals prepared for government-owned or leased 302
institutions or facilities that describe, in any manner, security 303
procedures, emergency plans or security equipment; 304
(v) Internal security audits of government-owned or leased 305
institutions or facilities; 306 Substitute Bill No. 1436
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(vi) Minutes or records of meetings, or portions of such minutes or 307
records, that contain or reveal information relating to security or other 308
records otherwise exempt from disclosure under this subdivision; 309
(vii) Logs or other documents that contain information on the 310
movement or assignment of security personnel; and 311
(viii) Emergency plans and emergency preparedness, response, 312
recovery and mitigation plans, including plans provided by a person to 313
a state agency or a local emergency management agency or official; 314
(20) Records of standards, procedures, processes, software and codes, 315
not otherwise available to the public, the disclosure of which would 316
compromise the security or integrity of an information technology 317
system; 318
(21) The residential, work or school address of any participant in the 319
address confidentiality program established pursuant to sections 54-240 320
to 54-240o, inclusive; 321
(22) The electronic mail address of any person that is obtained by the 322
Department of Transportation in connection with the implementation 323
or administration of any plan to inform individuals about significant 324
highway or railway incidents; 325
(23) The name or address of any minor enrolled in any parks and 326
recreation program administered or sponsored by any public agency; 327
(24) Responses to any request for proposals or bid solicitation issued 328
by a public agency, responses by a public agency to any request for 329
proposals or bid solicitation issued by a private entity or any record or 330
file made by a public agency in connection with the contract award 331
process, until such contract is executed or negotiations for the award of 332
such contract have ended, whichever occurs earlier, provided the chief 333
executive officer of such public agency certifies that the public interest 334
in the disclosure of such responses, record or file is outweighed by the 335
public interest in the confidentiality of such responses, record or file; 336 Substitute Bill No. 1436
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(25) The name, address, telephone number or electronic mail address 337
of any person enrolled in any senior center program or any member of 338
a senior center administered or sponsored by any public agency; 339
(26) All records obtained during the course of inspection, 340
investigation, examination and audit activities of an institution, as 341
defined in section 19a-490, that are confidential pursuant to a contract 342
between the Department of Public Health and the United States 343
Department of Health and Human Services relating to the Medicare and 344
Medicaid programs; 345
(27) Any record created by a law enforcement agency or other federal, 346
state, or municipal governmental agency consisting of a photograph, 347
film, video or digital or other visual image depicting (A) (i) a victim of 348
domestic or sexual abuse, (ii) a victim of homicide or suicide, or (iii) a 349
deceased victim of an accident, if disclosure could reasonably be 350
expected to constitute an unwarranted invasion of the personal privacy 351
of the victim or the victim's surviving family members, or (B) a minor, 352
unless disclosure is required in accordance with the provisions of 353
subdivision (2) of subsection (g) of section 29-6d; 354
(28) Any records maintained or kept on file by an executive branch 355
agency or public institution of higher education, including 356
documentation prepared or obtained prior to May 25, 2016, relating to 357
claims of or testing for faulty or failing concrete foundations in 358
residential buildings and documents or materials prepared by an 359
executive branch agency or public institution of higher education 360
relating to such records; 361
(29) Any record pertaining to a formal complaint against a police 362
officer, as defined in section 7-294a, or a correction officer prior to such 363
complaint being investigated and adjudicated by the proper legal 364
authority. 365
This act shall take effect as follows and shall amend the following
sections:
Substitute Bill No. 1436
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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)
JUD Joint Favorable Subst.