Connecticut Seal

General Assembly

 

Governor's Bill No. 5023

February Session, 2012

 

LCO No. 512

 

*00512__________*

 

Referred to Committee on Transportation

 

Introduced by:

 

REP. DONOVAN, 84th Dist.

REP. SHARKEY, 88th Dist.

SEN. WILLIAMS, 29th Dist.

SEN. LOONEY, 11th Dist.

 

AN ACT CONCERNING ARREST POWERS OF LOCAL POLICE OFFICERS AND MOTOR VEHICLE INSPECTORS.

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

Section 1. Section 54-1f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) For the purposes of this section, the respective precinct or jurisdiction of a state marshal or judicial marshal shall be wherever such marshal is required to perform duties. Peace officers, as defined in subdivision (9) of section 53a-3, as amended by this act, in their respective precincts, shall arrest, without previous complaint and warrant, any person for any offense in their jurisdiction, when the person is taken or apprehended in the act or on the speedy information of others, [provided] except that no constable elected pursuant to the provisions of section 9-200 shall be considered a peace officer for the purposes of this subsection, unless the town in which such constable holds office provides, by ordinance, that constables shall be considered peace officers for the purposes of this subsection.

(b) Sworn members of any local police department, outside of their respective precincts, when on duty, may arrest, without previous complaint and warrant, any person for any offense when the person is taken or apprehended in the act or on the speedy information of others. Whenever such sworn member of a local police department makes an arrest under this subsection, such sworn member shall immediately present the arrested person to the local police department or state police troop having jurisdiction over the precinct in which the arrest was effected.

[(b) Members] (c) Sworn members of the Division of State Police within the Department of Emergency Services and Public Protection or of any local police department or any chief inspector or inspector in the Division of Criminal Justice shall arrest, without previous complaint and warrant, any person who the officer has reasonable grounds to believe has committed or is committing a felony.

[(c) Members] (d) Sworn members of any local police department or the Office of State Capitol Police and constables and state marshals who are certified under the provisions of sections 7-294a to 7-294e, inclusive, and who perform criminal law enforcement duties, when in immediate pursuit of [one] a person who may be arrested under the provisions of this section, are authorized to pursue the offender outside of their respective precincts into any part of the state in order to effect the arrest. Such person may then be returned in the custody of such officer to the precinct in which the offense was committed.

[(d)] (e) Any person arrested pursuant to this section shall be presented with reasonable promptness before a proper authority.

Sec. 2. Subdivision (9) of section 53a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(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, an inspector of motor vehicles in the Department of Motor Vehicles, who is certified under the provisions of sections 7-294a to 7-294e, inclusive, while exercising authority granted under section 14-1, 14-163c, 14-225, 14-267a or 14-386, or any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code;

Sec. 3. Section 30-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

The Department of Consumer Protection shall refuse permits for the sale of alcoholic liquor to the following persons: (1) Any state marshal, judicial marshal, judge of any court, prosecuting officer or member of any police force, (2) any first selectman holding office and acting as a chief of police in the town within which the permit premises are to be located, (3) a minor, and (4) any constable who performs criminal law enforcement duties and is considered a peace officer by town ordinance pursuant to the provisions of subsection (a) of section 54-1f, as amended by this act, any constable who is certified under the provisions of sections 7-294a to 7-294e, inclusive, who performs criminal law enforcement duties pursuant to the provisions of subsection [(c)] (d) of section 54-1f, as amended by this act, or any special constable appointed pursuant to section 7-92. This section shall not apply to out-of-state shippers', boat and airline permits. As used in this section, "minor" means a minor as defined in section 1-1d or as defined in section 30-1, whichever age is older.

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

Section 1

July 1, 2012

54-1f

Sec. 2

July 1, 2012

53a-3(9)

Sec. 3

July 1, 2012

30-45

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.]