Connecticut Seal

General Assembly

Amendment

 

January Session, 2015

LCO No. 6782

   
 

*SB0110906782SDO*

Offered by:

 

SEN. LOONEY, 11th Dist.

SEN. COLEMAN, 2nd Dist.

 

To: Subst. Senate Bill No. 1109

File No. 758

Cal. No. 368

"AN ACT CONCERNING EXCESSIVE USE OF FORCE. "

Strike section 3 in its entirety and substitute the following in lieu thereof:

"Sec. 3. Section 51-277a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):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] such officer's 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,] shall, (1) 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,] (2) 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. "