Connecticut Seal

General Assembly

Amendment

 

January Session, 2017

LCO No. 8421

   
 

*HB0666308421HRO*

Offered by:

 

REP. SAMPSON, 80th Dist.

REP. SKULCZYCK, 45th Dist.

 

To: House Bill No. 6663

File No. 221

Cal. No. 174

(As Amended)

"AN ACT CONCERNING POLICE MISCONDUCT. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective from passage) As used in this section and sections 502 to 504, inclusive, of this act:

(1) "Department of Homeland Security" means the United States Department of Homeland Security and any of its agencies, including the United States Immigration and Customs Enforcement, the United States Border Patrol and any successor department or agency. The term includes officials, representatives, agents and employees;

(2) "Inmate" means any individual in the custody of a law enforcement agency;

(3) "Law enforcement agency" means an agency in the state or a political subdivision thereof charged with enforcement of state, county, city, municipal or federal laws, or with managing custody of detained persons in the state and includes, but is not limited to, county and other municipal police departments, sheriffs' offices, state police, the Department of Correction and campus police. The term includes officials, representatives, agents and employees;

(4) "Municipality" means any city, county, town or other political subdivision of this state, including law enforcement agencies. The term includes officials, representatives, agents and employees; and

(5) "State agency" means any public agency, bureau, commission, council, department or other office established under the laws of the state, including law enforcement agencies. The term includes officials, representatives, agents and employees.

Sec. 502. (NEW) (Effective from passage) (a) No state agency or municipality may be prohibited or restricted from sending to or receiving from the Department of Homeland Security information regarding the immigration status, lawful or unlawful, of any alien pursuant to 8 USC 1644.

(b) No state agency or municipality may prohibit or restrict any other state agency or municipality or official from sending to or receiving from the Department of Homeland Security information regarding the citizenship or immigration status, lawful or unlawful, of any individual pursuant to 8 USC 1373(a).

(c) No state agency or municipality may, pursuant to 8 USC 1373(b), prohibit or in any way restrict any other state agency or municipality from doing any of the following: (1) Sending information to or requesting or receiving information from the Department of Homeland Security, (2) maintaining such information, or (3) exchanging such information with any other federal, state or municipal agency.

(d) No state agency or municipality may prohibit or in any way restrict any other state agency or municipality from: (1) Determining eligibility for any public benefit, service or license provided by federal law or a law of this state or its political subdivisions; (2) verifying a claim of residence or domicile if a determination of residence or domicile is required under federal law or a law of this state or its political subdivisions or under a judicial order issued pursuant to a civil or criminal proceeding in this state; or (3) confirming the identity of a person who is detained by a law enforcement agency.

(e) No state agency or municipality may limit or restrict the enforcement of federal immigration law, including, but not be limited to: (1) Providing a federal immigration official access to an inmate for an interview; (2) initiating an immigration status investigation; or (3) providing a federal immigration official with the incarceration status or release date of an inmate in custody of a state agency or municipality.

Sec. 503. (NEW) (Effective from passage) (a) The Attorney General shall receive complaints regarding any violation of section 502 of this act. Such complaints may be submitted by any resident of this state and shall be submitted in writing in such form and manner as prescribed by the Attorney General. In lieu of submitting a complaint, any member of the state legislature may request, at any time, that the Attorney General investigate and issue an opinion as to whether a state agency or municipality has violated section 502 of this act.

(b) Upon receiving a complaint or request, the Attorney General shall investigate and determine whether a violation of section 502 of this act has occurred. The Attorney General shall issue and make public an opinion stating whether the state agency or municipality, which is the subject of the complaint or request, has enacted or adopted a policy, law, regulation or other written or unwritten directive in violation of section 502 of this act. Upon the issuance of such an opinion by the Attorney General that a state agency or municipality has violated section 502 of this act, the state agency or municipality shall become ineligible to receive any moneys that would otherwise be remitted to it. Such ineligibility shall commence on the date such opinion is issued and shall continue until such time as the Attorney General certifies that such policy, law, regulation or other written or unwritten directive is repealed or is no longer in effect.

(c) The Attorney General shall send to the state agency or municipality that was the subject of the investigation and to the State Treasurer a copy of any opinion issued pursuant to this section and any certification by the Attorney General that a violation of section 502 of this act is no longer in effect.

Sec. 504. (NEW) (Effective from passage) (a) In the event the Attorney General fails to investigate a complaint pursuant to section 503 of this act, any resident of the state may bring an action in Superior Court to challenge a suspected violation of section 502 of this act. The court shall expedite any action under this section, including assigning a hearing at the earliest practicable date.

(b) If the court finds that such state agency or municipality has violated section 502 of this act, the court shall enjoin such policy or practice.

(c) The court may award court costs and reasonable attorney fees to the prevailing party in a proceeding brought pursuant to this section.

Sec. 505. (NEW) (Effective from passage) Every person holding public office or having official duties as a representative, agent or employee of this state or a municipality shall have a duty to report a violation of section 502 of this act. Persons reporting under this section shall be protected under section 4-61dd of the general statutes. "

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

Sec. 501

from passage

New section

Sec. 502

from passage

New section

Sec. 503

from passage

New section

Sec. 504

from passage

New section

Sec. 505

from passage

New section