AN ACT CONCERNING OVERSIGHT OF INTELLIGENCE GATHERING BY LAW ENFORCEMENT AGENCIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2007) (a) A law enforcement agency may collect and maintain criminal intelligence information concerning individuals and organizations for the purposes of (1) ensuring the safety and security of public officials, and (2) preventing the disturbance or disruption of, or the interference with, the performance by a public official of his or her official functions, powers or duties or with the meetings of a public agency.

(b) A law enforcement agency may collect and maintain criminal intelligence information concerning an individual or organization pursuant to subsection (a) of this section if:

(1) Such agency has a reasonable and articulable suspicion that such individual or organization is engaged in or will engage in criminal conduct or activity directed toward a public official or with respect to the performance by a public official of his or her official functions, powers or duties or with respect to the meetings of a public agency;

(2) Such individual has been convicted of an offense involving the use, attempted use or threatened use of physical force against another person;

(3) Such individual has been convicted of threatening, harassing or stalking a public official, violating a restraining or protective order involving a public official or committing criminal trespass in a building or other premises where a public official resides or frequents; or

(4) Such individual has been convicted of an offense involving the disturbance or disruption of, or interference with, the performance by a public official of his or her official functions, powers or duties or with the meetings of a public agency.

(c) A law enforcement agency may collect and maintain criminal intelligence information concerning an individual or organization pursuant to subsection (a) of this section for reasons other than those specified in subsection (b) of this section whenever such agency deems it appropriate for the purposes set forth in subsection (a) of this section.

(d) A law enforcement agency shall not collect or maintain criminal intelligence information about the political, religious or social views, associations or activities of any individual or organization unless such information directly relates to criminal conduct or activity and there is reasonable and articulable suspicion that the subject of the information is engaged in or will engage in criminal conduct or activity.

(e) Whenever a law enforcement agency briefs its officers concerning the safety and security of public officials or preventing the disturbance or disruption of, or the interference with, the performance by a public official of his or her official functions, powers or duties or with the meeting of a public agency, and disseminates information about individuals or organizations that it has collected under this section, the agency shall include in such briefing an explanation of statutory and constitutional rights that citizens have at such public events including, but not limited to, freedom of speech, freedom from unreasonable searches and seizures, freedom from arrest, detention or punishment except where clearly warranted by law, and the right to peaceably assemble and petition their government for a redress of grievances.

(f) Nothing in this section shall be construed to prevent the receipt by a law enforcement agency of a tip concerning actual or suspected criminal conduct or activity and the investigation thereof by such agency.

Sec. 2. Section 1-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Notwithstanding any provision of the general statutes to the contrary, and except as otherwise provided in this section, any record of the arrest of any person, other than a juvenile, except a record erased pursuant to chapter 961a, shall be a public record from the time of such arrest and shall be disclosed in accordance with the provisions of section 1-212 and subsection (a) of section 1-210, except that disclosure of data or information other than that set forth in subdivision (1) of subsection (b) of this section shall be subject to the provisions of subdivision (3) of subsection (b) of section 1-210. Any personal possessions or effects found on a person at the time of such person's arrest shall not be disclosed unless such possessions or effects are relevant to the crime for which such person was arrested.

(b) For the purposes of this section, "record of the arrest" means (1) the name and address of the person arrested, the date, time and place of the arrest, [and] the offense for which the person was arrested and the facts and circumstances that constituted probable cause for the arrest, and (2) at least one of the following, designated by the law enforcement agency: The arrest report, incident report, news release or other similar report of the arrest of a person.

(c) Notwithstanding the provisions of subsection (a) of this section, upon the request of the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to criminal law and procedure, a law enforcement agency shall disclose data and information compiled in connection with the arrest of an individual to such chairpersons and the members of said committee for use in the performance of their legislative duties. Data and information disclosed pursuant to this subsection shall not be further disclosed by such chairpersons or members.

Sec. 3. (NEW) (Effective October 1, 2007) (a) There is established a select legislative committee on oversight to oversee and make continuing studies of the intelligence activities and programs of the state and municipalities. The select committee shall:

(1) Review the intelligence activities and programs of state and municipal law enforcement agencies;

(2) Report to the General Assembly concerning such intelligence activities and programs and submit to the General Assembly any recommendations for legislation related thereto; and

(3) Provide legislative oversight over the intelligence activities of the state and municipalities to assure that such activities are in conformity with the laws and Constitution of the state and the United States Constitution.

(b) The committee shall be comprised of the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, public safety and government administration.

(c) The president pro tempore of the Senate and the speaker of the House of Representatives may convene the select committee whenever they deem it necessary.

(d) The select committee shall be subject to the provisions of chapter 14 of the general statutes and meetings of the select committee shall be open to the public except when the committee meets in executive session, as defined in section 1-200 of the general statutes, or meets to receive criminal intelligence information pursuant to 28 Code of Federal Regulations, Part 23.

(e) The committee shall be deemed a law enforcement authority performing a law enforcement activity for purposes of receiving criminal intelligence information pursuant to 28 Code of Federal Regulations, Part 23. The committee shall adopt procedures concerning the receipt, maintenance, security and dissemination of such criminal intelligence information that is consistent with federal regulations.

Statement of Purpose:

To provide legislative oversight of criminal intelligence gathering activities of law enforcement agencies.

[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.]