Connecticut Seal

General Assembly

Amendment

 

January Session, 2017

LCO No. 7014

   
 

*HB0666307014HDO*

Offered by:

 

REP. PORTER, 94th Dist.

SEN. WINFIELD, 10th Dist.

REP. ARCE, 4th Dist.

REP. ADAMS, 146th Dist.

REP. MCGEE, 5th Dist.

REP. SOTO, 39th Dist.

REP. SANTIAGO, 130th Dist.

REP. SANTIAGO, 84th Dist.

REP. REYES, 75th Dist.

REP. LEMAR, 96th Dist.

REP. WALKER, 93rd Dist.

REP. MILLER P. , 145th Dist.

REP. ROSARIO, 128th Dist.

REP. VARGAS, 6th Dist.

REP. CANDELARIA, 95th Dist.

REP. SANCHEZ, 25th Dist.

REP. LUXENBERG, 12th Dist.

REP. TONG, 147th Dist.

REP. STAFSTROM, 129th Dist.

To: House Bill No. 6663

File No. 221

Cal. No. 174

"AN ACT CONCERNING POLICE MISCONDUCT. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective July 1, 2017) No collective bargaining agreement entered into on or after July 1, 2017, shall contain any provision that limits the application of the provisions of section 51-277a of the general statutes, as amended by this act, to any peace officer, as defined in section 53a-3 of the general statutes.

Sec. 2. Section 51-277a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) Whenever a peace officer, in the performance of such officer's duties, uses physical force upon another person [and such person dies as a result thereof,] and such force results in a discharge of a firearm resulting in bodily injury, bone fracture, periorbital hematoma, wrist hematoma, concussion, laceration requiring sutures or any other force exceeding that which is reasonably necessary to accomplish a lawful purpose the Division of Criminal Justice shall cause an investigation to be [made] completed not later than fifteen business days after such use of physical force and shall have the responsibility of determining, based upon a preponderance of the evidence, whether the use of physical force by the peace officer was appropriate under section 53a-22. The division shall request (1) the [appropriate] employing law enforcement agency to provide all information in its possession relevant to such use of physical force, and (2) such assistance as is necessary from any appropriate law enforcement agency, other than the employing law enforcement agency, to determine the circumstances of the incident.

(b) In causing such an investigation to be made, the Chief State's Attorney 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 (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. The Chief State's Attorney [shall] may, upon the request of such prosecutorial official or special prosecutor, appoint a special inspector or special inspectors to assist in such 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 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, and shall contemporaneously make such report available to the public.

(d) If the division determines that the use of physical force was not appropriate under section 53a-22, the peace officer shall be immediately suspended without pay by the appropriate law enforcement agency until the conclusion of any further proceedings involving such incident. If such peace officer is exonerated of all charges related to such incident, such peace officer shall be paid the full amount of all withheld pay.

(e) Notwithstanding any provision of the general statutes, on or after July 1, 2017, if any peace officer is convicted of or pleads guilty or nolo contendere to any (1) inappropriate use of physical force in violation of section 53a-22, or (2) crime of violence involving the unlawful use or threatened use of physical force under any other provision of the general statutes related to such peace officer's employment, the appropriate law enforcement agency shall immediately terminate such peace officer's employment."

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

Section 1

July 1, 2017

New section

Sec. 2

July 1, 2017

51-277a