General Assembly |
File No. 280 |
February Session, 2012 |
Senate, April 5, 2012
The Committee on Judiciary reported through SEN. COLEMAN of the 2nd Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.
AN ACT CONCERNING TRAFFIC STOP INFORMATION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-1m of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) Each municipal police department and the Department of Emergency Services and Public Protection shall adopt a written policy that prohibits the stopping, detention or search of any person when such action is solely motivated by considerations of race, color, ethnicity, age, gender or sexual orientation, and the action would constitute a violation of the civil rights of the person.
(b) Not later than January 1, 2013, the Office of Policy and Management and the Criminal Justice Information System Governing Board shall, within available resources, develop and promulgate:
(1) A standardized form, in both printed and electronic format, to be used by police officers of municipal police departments and the Department of Emergency Services and Public Protection to record traffic stop information. The form shall allow the following information to be recorded: (A) Date and time of stop; (B) location of the stop; (C) name and badge number of the police officer making the stop; (D) race, color, ethnicity, age and gender of the operator of the motor vehicle that is stopped, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop; (E) nature of the alleged traffic violation or other violation that caused the stop to be made and the statutory citation for such violation; (F) the disposition of the stop including whether a warning, citation or summons was issued, whether a search was conducted and whether a custodial arrest was made; and (G) any other information deemed appropriate. The form shall also include a notice that if the person stopped believes they have been stopped, detained or searched solely because of their race, color, ethnicity, age, gender or sexual orientation, they may file a complaint with the appropriate law enforcement agency, and instructions on how to file such complaint;
(2) A standardized form, in both printed and electronic format, to be used to report complaints pursuant to this section by persons who believe they have been subjected to a motor vehicle stop by a police officer solely on the basis of their race, color, ethnicity, age, gender or sexual orientation;
(3) A standardized form, in both printed and electronic format, to be used by each municipal police department and the Department of Emergency Services and Public Protection to report data to the Office of Policy and Management and the Criminal Justice Information System Governing Board pursuant to subsection (h) of this section; and
(4) Guidelines to be used by each municipal police department and the Department of Emergency Services and Public Protection in training officers of that agency in the completion of the form promulgated pursuant to subdivision (1) of this subsection and in evaluating the information collected by officers of that agency pursuant to subsection (c) of this section for use in the counseling and training of such officers.
(c) On and after January 1, 2013, whenever a police officer makes a traffic stop of a motor vehicle, such officer shall, if a form has been promulgated pursuant to subdivision (1) of subsection (b) of this section, complete such form and provide a copy of the completed form to the operator of the motor vehicle.
[(b) Each] (d) On and after January 1, 2013, each municipal police department and the Department of Emergency Services and Public Protection shall, [using the form developed and promulgated pursuant to subsection (h)] if a form has been promulgated pursuant to subdivision (1) of subsection (b) of this section, record and retain the [following information: (1) The number of persons stopped for traffic violations; (2) characteristics of race, color, ethnicity, gender and age of such persons, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped; (3) the nature of the alleged traffic violation that resulted in the stop; (4) whether a warning or citation was issued, an arrest made or a search conducted as a result of the stop; and (5)] information contained in the forms completed by police officers of that agency in accordance with subsection (c) of this section and any additional information that such municipal police department or the Department of Emergency Services and Public Protection, as the case may be, deems appropriate, provided such information does not include any other identifying information about any person stopped for a traffic violation such as the person's operator's license number, name or address.
[(c)] (e) Each municipal police department and the Department of Emergency Services and Public Protection shall provide to the [Chief State's Attorney and the African-American Affairs Commission] Office of Policy and Management and the Criminal Justice Information System Governing Board (1) a copy of each complaint received pursuant to this section, and (2) written notification of the review and disposition of such complaint. No such complaint shall contain any other identifying information about the complainant such as his or her operator's license number, name or address.
[(d)] (f) Any police officer who in good faith records traffic stop information pursuant to the requirements of this section shall not be held civilly liable for the act of recording such information unless the officer's conduct was unreasonable or reckless.
[(e)] (g) If a municipal police department or the Department of Emergency Services and Public Protection fails to comply with the provisions of this section, the [Chief State's Attorney] Office of Policy and Management and the Criminal Justice Information System Governing Board may recommend and the Secretary of the Office of Policy and Management may order an appropriate penalty in the form of the withholding of state funds from such department or the Department of Emergency Services and Public Protection.
[(f) On or before October 1, 2000] (h) Not later than October 1, 2013, and annually thereafter, each municipal police department and the Department of Emergency Services and Public Protection shall, if a form has been promulgated pursuant to subdivision (3) of subsection (b) of this section, use such form to provide to the [Chief State's Attorney and the African-American Affairs Commission, in such form as the Chief State's Attorney shall prescribe,] Office of Policy and Management and the Criminal Justice Information System Governing Board a summary report of the information recorded pursuant to subsection [(b)] (d) of this section.
[(g) The African-American Affairs Commission] (i) The Office of Policy and Management and the Criminal Justice Information System Governing Board shall, within available resources, review the prevalence and disposition of traffic stops and complaints reported pursuant to this section. Not later than January 1, [2004] 2014, and annually thereafter, the [African-American Affairs Commission] office and board shall report the results of any such review, including any recommendations, to the Governor, the General Assembly and [to] any other entity [said commission deems] deemed appropriate. [the results of such review, including any recommendations.]
[(h) The Chief State's Attorney, in conjunction with the Commissioner of Emergency Services and Public Protection, the Attorney General, the Chief Court Administrator, the Police Officer Standards and Training Council, the Connecticut Police Chiefs Association and the Connecticut Coalition of Police and Correctional Officers, shall develop and promulgate: (1) A form, in both printed and electronic format, to be used by police officers when making a traffic stop to record the race, color, ethnicity, gender and age of the operator of the motor vehicle that is stopped, the location of the stop, the reason for the stop and other information that is required to be recorded pursuant to subsection (b) of this section; and (2) a form, in both printed and electronic format, to be used to report complaints pursuant to this section by persons who believe they have been subjected to a motor vehicle stop by a police officer solely on the basis of their race, color, ethnicity, age, gender or sexual orientation.]
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2012 |
54-1m |
JUD |
Joint Favorable |
The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
Explanation
The bill, which modifies certain traffic stop information recording and reporting requirements, has no fiscal impact to the state or municipalities.
The Out Years
OLR Bill Analysis
AN ACT CONCERNING TRAFFIC STOP INFORMATION.
This bill suspends municipal police departments' and the Department of Emergency Services and Public Protection's duty to record and report traffic stop information on July 1, 2012. It requires them to resume recording the information starting on January 1, 2013 and reporting summary data on October 1, 2013, if new standardized forms are developed. It requires:
1. the Office of Policy and Management (OPM) and Criminal Justice Information System (CJIS) Governing Board, within available appropriations, to develop and promulgate new standardized forms by January 1, 2013;
2. police officers to record traffic stop information using these new forms and give a copy to each motor vehicle operator stopped, starting January 1, 2013, if the forms have been developed; and
3. police departments to record and retain the traffic stop information using the new forms beginning on January 1, 2013, and annually report the data to OPM and the CJIS board beginning by October 1, 2013, if the forms have been developed.
The bill requires OPM and the CJIS board to adopt guidelines to train officers to complete the traffic stop forms and evaluate the information collected for counseling and officer training.
The bill also requires departments to give copies of complaints regarding traffic stops and information on their review and disposition to OPM and the CJIS board, instead of the chief state's attorney and the African-American Affairs Commission (AAAC). It eliminates the requirement that the AAAC review the traffic stop data and complaints and issue annual reports with recommendations to the governor, General Assembly, and any other appropriate entity. Instead, OPM and the CJIS board, within available appropriations, must begin reviewing the data and issuing these annual reports by January 1, 2014.
The bill allows OPM and the CJIS board, instead of the chief state's attorney, to recommend that the OPM secretary impose an appropriate penalty, including the withholding of state funds, against a department that does not comply with the traffic stop provisions.
EFFECTIVE DATE: July 1, 2012
FORMS
The law required the chief state's attorney, in conjunction with various others, to develop a form by January 1, 2000 for police officers to use to record traffic stop information. In addition, police departments are required to report certain information.
The bill replaces the form with a new form OPM and the CJIS board develop and promulgate, within available appropriations, by January 1, 2013, and requires departments to record and retain the information on the forms.
The new traffic stop form must contain much of the information required on the current form. As under current law, this information includes:
1. the stop location;
2. the race, color, ethnicity, age, and gender of the driver, with the characteristics based on the officer's observation and perception;
3. the nature of the alleged traffic violation;
4. the disposition of the stop including whether a warning or citation was issued, search was conducted, or arrest made; and
5. any other appropriate information.
The bill also requires the form to include:
1. the date and time of the stop;
2. the officer's name and badge number;
3. whether the stop was for a violation other than a traffic violation, and the statutory citation for the traffic or other violation;
4. whether a summons was issued in conjunction with the disposition; and
5. a notice that the person stopped may file a complaint with the appropriate law enforcement agency and how to do so, if the person believes the stop, detention, or search was solely because of his or her race, color, ethnicity, age, gender, or sexual orientation.
It also requires OPM and the CJIS board to develop, by January 1, 2013, (1) a new complaint form to replace the one officers give people they have stopped and (2) a form for departments to use to report data to OPM and the CJIS board.
Under the bill, the form for reporting to OPM and CJIS must be in both printed and electronic format. As under current law, the traffic stop and complaint forms must be in both formats.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea |
38 |
Nay |
5 |
(03/21/2012) |