Connecticut Seal

General Assembly

 

Governor's Bill No. 6373

January Session, 2013

 

LCO No. 2994

 

*02994__________*

Referred to Committee on PUBLIC SAFETY AND SECURITY

 

Introduced by:

 

REP. SHARKEY, 88th Dist.

REP. ARESIMOWICZ, 30th Dist.

SEN. WILLIAMS, 29th Dist.

SEN. LOONEY, 11th Dist.

 

AN ACT CONCERNING THE POLICING OF INDIAN TRIBAL LAND.

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

Section 1. Subdivision (8) of section 7-294a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(8) "Law enforcement unit" means any agency, organ or department of this state or a subdivision or municipality thereof, or, if created and governed by a memorandum of agreement under section 2 of this act, of the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut, whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection or investigation of crime.

Sec. 2. (NEW) (Effective from passage) (a) Notwithstanding the requirements of section 3-6c of the general statutes, the Commissioner of Emergency Services and Public Protection, upon the approval of the Chief State's Attorney, shall have the authority to enter into separate memoranda of agreement with the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut for the purpose of establishing the authority of each tribe's police department and police officers to exercise law enforcement powers pursuant to sections 7-294a to 7-294e, inclusive, of the general statutes, as amended by this act.

(b) Notwithstanding the requirements of section 3-6c of the general statutes, the Commissioner of Emergency Services and Public Protection and the Chief State's Attorney shall jointly have the authority to revoke any memorandum of agreement with the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut entered into pursuant to subsection (a) of this section.

Sec. 3. Subdivision (9) of section 53a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(9) "Peace officer" means a member of the Division of State Police within the Department of Emergency Services and Public Protection or an organized local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal while exercising authority granted under any provision of the general statutes, a judicial marshal in the performance of the duties of a judicial marshal, a conservation officer or special conservation officer, as defined in section 26-5, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, 29-18a or 29-19, an adult probation officer, an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility, any investigator in the investigations unit of the office of the State Treasurer, [or] any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code, or a member of a law enforcement unit of the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut created and governed by a memorandum of agreement under section 2 of this act who is certified as a police officer by the Police Officer Standards and Training Council pursuant to sections 7-294a to 7-294e, inclusive, as amended by this act.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

7-294a(8)

Sec. 2

from passage

New section

Sec. 3

from passage

53a-3(9)

Statement of Purpose:

To implement the Governor's budget recommendations.

[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.]