Connecticut Seal

General Assembly

 

Raised Bill No. 1109

January Session, 2015

 

LCO No. 5293

 

*05293_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING EXCESSIVE USE OF FORCE.

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

Section 1. (NEW) (Effective October 1, 2015) Each police basic or review training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, the Police Officer Standards and Training Council established under section 7-294b of the general statutes or a municipal police department in the state shall include tactical training for police officers regarding the use of deadly force, training in the use of body-worn recording equipment and the retention of records created by such equipment, and cultural competency and sensitivity training.

Sec. 2. (NEW) (Effective January 1, 2015) (a) Each police officer, as defined in section 7-294a of the general statutes, shall wear body-worn recording equipment in such manner and at such times as determined by the Commissioner of Emergency Services and Public Protection, the board of police commissioners, the chief of police, superintendent of police or other authority having charge over such officer.

(b) Any image or video recorded on the equipment used pursuant to subsection (a) of this section that is a public record or file, as defined in section 1-200of the general statutes, shall be disclosed in accordance with the provisions of section 1-212 of the general statutes, subsection (a) of section 1-210 of the general statutes and section 1-215 of the general statutes, unless such record is exempt from disclosure pursuant to the provisions of subdivision (3) of subsection (b) of section 1-210 of the general statutes.

Sec. 3. (NEW) (Effective October 1, 2015) Not later than January 1, 2016, each law enforcement unit, as defined in section 7-294a of the general statutes, shall develop and implement guidelines for the recruitment and retention of minority police officers, as defined in section 7-294a of the general statutes. Such guidelines shall consider the racial and ethnic background of the community such unit serves and contain policies to ensure that the unit makes efforts to recruit and retain minority police officers so that the racial and ethnic background of the unit closely resembles that of the community which it serves. For purposes of this section, "minority" means an individual whose race is defined as other than white, or whose ethnicity is defined as Hispanic or Latino by the federal Office of Management and Budget for use by the Bureau of Census of the United States Department of Commerce.

Sec. 4. Section 51-277a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) Whenever a peace officer, in the performance of his duties, uses [deadly] physical force upon another person and such person dies as a result thereof, the Division of Criminal Justice shall cause an investigation to be made and shall have the responsibility of determining whether the use of [deadly] physical force by the peace officer was appropriate under section 53a-22. The division shall request the appropriate law enforcement agency to provide such assistance as is necessary to determine the circumstances of the incident.

(b) In causing such an investigation to be made, the Chief State's Attorney [may, as provided in section 51-281, designate a prosecutorial official from a judicial district other than the judicial district in which the incident occurred to conduct the investigation or may] shall, as provided in subsection (a) of section 51-285, appoint a special assistant state's attorney or special deputy assistant state's attorney to conduct the investigation. [If the Chief State's Attorney designates a prosecutorial official from another judicial district or appoints a special prosecutor to conduct the investigation, the] The Chief State's Attorney shall, upon the request of such [prosecutorial official or] special prosecutor, appoint a special inspector or special inspectors to assist in such investigation. [Any person may make a written request to the Chief State's Attorney or the Criminal Justice Commission requesting that the Chief State's Attorney so designate a prosecutorial official from another judicial district or appoint a special prosecutor to conduct the investigation.]

(c) Upon the conclusion of the investigation of the incident, the division shall file a report with the Chief State's Attorney which shall contain the following: (1) The circumstances of the incident, (2) a determination of whether the use of [deadly] physical force by the peace officer was appropriate under section 53a-22, and (3) any future action to be taken by the Division of Criminal Justice as a result of the incident. The Chief State's Attorney shall provide a copy of the report to the chief executive officer of the municipality in which the incident occurred and to the Commissioner of Emergency Services and Public Protection or the chief of police of such municipality, as the case may be.

Sec. 5. (NEW) (Effective October 1, 2015) Each law enforcement unit, as defined in section 7-294a of the general statutes, shall record and maintain any information detailing any incident during which a firearm of a police officer, as defined in section 7-294a of the general statutes, is discharged, including whether a death resulted from such discharge.

Sec. 6. (NEW) (Effective October 1, 2015) (a) No law enforcement unit, as defined in section 7-294a of the general statutes, shall hire any person as a police officer, as defined in said section 7-294a, who was previously employed as a police officer by such unit or in any other jurisdiction and who was dismissed for misconduct or who, while under investigation for misconduct, resigned or retired from such officer's position.

(b) Any law enforcement unit that has knowledge that any former police officer of such unit who was dismissed for misconduct or who, while under investigation for misconduct, resigned or retired from such officer's position, is an applicant for the position of police officer with any other unit, shall inform such other unit of such dismissal, resignation or retirement.

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

Section 1

October 1, 2015

New section

Sec. 2

January 1, 2015

New section

Sec. 3

October 1, 2015

New section

Sec. 4

October 1, 2015

51-277a

Sec. 5

October 1, 2015

New section

Sec. 6

October 1, 2015

New section

Statement of Purpose:

To reduce the likelihood of unnecessary police shootings and excessive use of force.

[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.]