Connecticut Seal

General Assembly

Amendment

 

January Session, 2017

LCO No. 8455

   
 

*HB0666308455HDO*

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.

REP. ELLIOTT, 88th Dist.

REP. STALLWORTH, 126th Dist.

REP. HALL, 7th Dist.

SEN. MCCRORY, 2nd Dist.

REP. BARAM, 15th Dist.

REP. GONZALEZ, 3rd Dist.

REP. TERCYAK, 26th Dist.

REP. HADDAD, 54th Dist.

REP. CURREY, 11th 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. Section 51-277a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) (1) 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, the Division of Criminal Justice shall cause an investigation to be made and shall have the responsibility of determining whether the use of 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.

(2) On and after July 1, 2017, 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, the Division of Criminal Justice shall cause a preliminary status report to be completed that shall include, but need not be limited to, (A) the name of the deceased person, (B) the gender, race, ethnicity and age of the deceased person, (C) the date, time and location of such death, (D) the law enforcement agency involved, (E) the status on the toxicology report, if available, and (F) the death certificate, if available. Such status report shall be completed not later than forty business days after the death of the person.

(b) In causing [such] an investigation to be made pursuant to subdivision (1) of subsection (a) of this section, 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, 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] Division of Criminal Justice 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] division 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 on the division's Internet web site.

Sec. 2. (NEW) (Effective July 1, 2017) (a) No police officer shall use deadly force upon another person in a motor vehicle if such police officer reasonably believes that he or she can avoid using deadly force by attempting to retreat from the path of the motor vehicle or the deadly force, except that such police officer may use deadly force when such other person poses an imminent threat of serious physical injury or death directed at such police officer or another person.

(b) No police officer shall discharge his or her firearm at a motor vehicle to merely disable such motor vehicle.

Sec. 3. Section 29-6d of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019):

(a) For purposes of this section and section 7-277b:

(1) "Law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection, the special police forces established pursuant to section 10a-156b, any municipal police department for a municipality with a population that is greater than seventy-five thousand, and any other municipal police department that supplies any of its sworn members with body-worn recording equipment;

(2) "Police officer" means a sworn member of a law enforcement agency who wears body-worn recording equipment;

(3) "Body-worn recording equipment" means an electronic recording device that is capable of recording audio and video; and

(4) "Digital data storage device or service" means a device or service that retains the data from the recordings made by body-worn recording equipment using computer data storage.

(b) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly evaluate and approve the minimal technical specifications of body-worn recording equipment that may be worn by police officers pursuant to this section and digital data storage devices or services that may be used by a law enforcement agency to retain the data from the recordings made by such equipment. Not later than January 1, 2016, the commissioner and council shall make such minimal technical specifications available to each law enforcement agency in a manner determined by the commissioner and council. The commissioner and council may revise the minimal technical specifications when the commissioner and council determine that revisions to such specifications are necessary.

(c) (1) [On and after July 1, 2016, each] Each sworn member of (A) the Division of State Police within the Department of Emergency Services and Public Protection, (B) the special police forces established pursuant to section 10a-156b, (C) any municipal police department for a municipality with a population that is greater than seventy-five thousand, (D) any municipal police department for a municipality that is a recipient of grant-in-aid as reimbursement for body-worn recording equipment pursuant to subparagraph (A) or (C) of subdivision (1) of subsection (b) of section 7-277b or subdivision (2) of said subsection (b), and [(D)] (E) any municipal police department for any other municipality that is a recipient of grant-in-aid as reimbursement for body-worn recording equipment pursuant to subparagraph (B) of subdivision (1) of said subsection (b) if such sworn member is supplied with such body-worn recording equipment, shall use body-worn recording equipment while interacting with the public in such sworn member's law enforcement capacity, except as provided in subsections (g) and (j) of this section.

(2) Any sworn member of a municipal police department, other than those described in subdivision (1) of this subsection, may use body-worn recording equipment as directed by such department, provided the use of such equipment and treatment of data created by such equipment shall be in accordance with the provisions of subdivisions (3) and (4) of this subsection, and subsections (d) to (j), inclusive, of this section.

(3) Each police officer shall wear body-worn recording equipment on such officer's outer-most garment and shall position such equipment above the midline of such officer's torso when using such equipment.

(4) Body-worn recording equipment used pursuant to this section shall conform to the minimal technical specifications approved pursuant to subsection (b) of this section, except that a police officer may use body-worn recording equipment that does not conform to the minimal technical specifications approved pursuant to subsection (b) of this section, if such equipment was purchased prior to January 1, 2016, by the law enforcement agency employing such officer.

(d) Except as required by state or federal law, no person employed by a law enforcement agency shall edit, erase, copy, share or otherwise alter or distribute in any manner any recording made by body-worn recording equipment or the data from such recording.

(e) A police officer may review a recording from his or her body-worn recording equipment in order to assist such officer with the preparation of a report or otherwise in the performance of his or her duties.

(f) If a police officer is giving a formal statement about the use of force or if a police officer is the subject of a disciplinary investigation in which a recording from body-worn recording equipment is being considered as part of a review of an incident, the officer shall (1) have the right to review such recording in the presence of the officer's attorney or labor representative, and (2) have the right to review recordings from other body-worn recording equipment capturing the officer's image or voice during the incident.

(g) (1) Except as otherwise provided by any agreement between a law enforcement agency and the federal government, no police officer shall use body-worn recording equipment to intentionally record (A) a communication with other law enforcement agency personnel, except that which may be recorded as the officer performs his or her duties, (B) an encounter with an undercover officer or informant, (C) when an officer is on break or is otherwise engaged in a personal activity, (D) a person undergoing a medical or psychological evaluation, procedure or treatment, (E) any person other than a suspect to a crime if an officer is wearing such equipment in a hospital or other medical facility setting, or (F) in a mental health facility, unless responding to a call involving a suspect to a crime who is thought to be present in the facility.

(2) No record created using body-worn recording equipment of (A) an occurrence or situation described in subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, (B) a scene of an incident that involves (i) a victim of domestic or sexual abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an accident, if disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy in the case of any such victim described in this subparagraph, or (C) a minor, shall be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, and any such record shall be confidential, except that a record of a minor shall be disclosed if (i) the minor and the parent or guardian of such minor consent to the disclosure of such record, (ii) a police officer is the subject of an allegation of misconduct made by such minor or the parent or guardian of such minor, and the person representing such officer in an investigation of such alleged misconduct requests disclosure of such record for the sole purpose of preparing a defense to such allegation, or (iii) a person is charged with a crime and defense counsel for such person requests disclosure of such record for the sole purpose of assisting in such person's defense and the discovery of such record as evidence is otherwise discoverable.

(h) No police officer shall use body-worn recording equipment prior to being trained in accordance with section 7-294s in the use of such equipment and in the retention of data created by such equipment, except that any police officer using such equipment prior to October 1, 2015, may continue to use such equipment prior to such training. A law enforcement agency shall ensure that each police officer such agency employs receives such training at least annually and is trained on the proper care and maintenance of such equipment.

(i) If a police officer is aware that any body-worn recording equipment is lost, damaged or malfunctioning, such officer shall inform such officer's supervisor as soon as is practicable. Upon receiving such information, the supervisor shall ensure that the equipment is inspected and repaired or replaced, as necessary. Each police officer shall inspect and test body-worn recording equipment prior to each shift to verify proper functioning, and shall notify such officer's supervisor of any problems with such equipment.

(j) Not later than January 1, 2016, the Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly issue guidelines pertaining to the use of body-worn recording equipment, retention of data created by such equipment and methods for safe and secure storage of such data. Each law enforcement agency and any police officer and any other employee of such agency who may have access to such data shall adhere to such guidelines. The commissioner and council may update and reissue such guidelines, as the commissioner and council determine necessary. The commissioner and council shall, upon issuance of such guidelines or any update to such guidelines, submit such guidelines in accordance with the provisions of section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.

Sec. 4. Section 7-282e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each law enforcement unit, as defined in section 7-294a, shall create and maintain a record detailing any incident during which a police officer, as defined in section 7-294a, (1) uses physical force that is likely to cause serious physical injury, as defined in section 53a-3, to another person or the death of another person, including, but not limited to, striking another person with an open or closed hand, club or baton, kicking another person, [or] using pepper spray or an electroshock weapon on another person, or using a chokehold on another person, or (2) discharges a firearm, except during a training exercise or in the course of dispatching an animal. Such record shall include, but not be limited to: The name of the police officer, the time and place of the incident, a description of what occurred during the incident and, to the extent known, the names of the victims and witnesses present at such incident.

(b) Not later than February 1, 2018, and annually thereafter, each law enforcement unit shall prepare and submit a report concerning incidents described in subsection (a) of this section during the preceding calendar year to the Criminal Justice Policy and Planning Division within the Office of Policy and Management. Such report shall include (1) the records described in subsection (a) of this section, (2) summarized data compiled from such records, and (3) statistics on each use of force incident, including, but not limited to, (A) the race and gender of such person upon whom force was used, provided the identification of such characteristics shall be based on the observation and perception of the police officer, (B) the number of times force was used on such person, and (C) any injury suffered by such person against whom force was used.

Sec. 5. (NEW) (Effective July 1, 2017) (a) Not later than seven days after the death of any person whose death occurs in an interaction with a peace officer of any law enforcement agency, such law enforcement agency shall submit a report to the Criminal Justice Policy and Planning Division within the Office of Policy and Management. The report shall include, but need not be limited to, (1) the name of the deceased person, (2) the gender, race, ethnicity and age of such person, (3) the date, time and location of such death, and (4) a description of the circumstances surrounding the death, including the type of force used, if any.

(b) Not later than October 1, 2017, the Police Officer Standards Training Council shall create a form related to the incidents described in subsection (a) of this section. Such form shall include spaces for (1) the name of the deceased person, (2) the gender, race, ethnicity and age of such person, (3) the date, time and location of such death, and (4) a description of the circumstances surrounding the death, including the type of force used, if any.

Sec. 6. (NEW) (Effective July 1, 2017) Not later than October 1, 2017, the Police Officer Standards Training Council shall develop and implement a written policy requiring the shielding of bodies from public view.

Sec. 7. Section 7-294bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

[(a) Not later than July 1, 2015, the Police Officer Standards and Training Council shall develop and implement a written policy concerning the acceptance, processing and investigation of a complaint from a member of the public relating to alleged misconduct committed by law enforcement agency personnel.

(b) In developing the written policy, the council shall consider: (1) Whether all sworn officers and civilian employees of a law enforcement agency shall be required to accept a complaint alleging misconduct by the agency's law enforcement personnel, (2) the means or processes to be used for accepting such complaint from a member of the public, including the acceptance of an anonymous complaint or a complaint made by a complainant on behalf of another person, (3) the necessity of requiring a sworn statement from a complainant, (4) protections that may be afforded to a complainant who fears retaliation associated with the filing of such complaint, (5) the use of a standardized form to record such complaint, (6) permissible time frames associated with the filing of such complaint, (7) protocols for the investigation of such a complaint, (8) documentation requirements relating to the receipt of such complaint and its disposition, and (9) the process for informing a known complainant of the disposition of such complaint.

(c) Upon the implementation of such policy by the Police Officer Standards and Training Council, each law enforcement agency shall, in consultation with a representative of a union that represents members of the law enforcement agency, adopt the policy implemented by said council or develop and implement an alternative policy that: (1) Addresses the issues described in subsection (b) of this section, and (2) exceeds the standards of the policy developed by said council. Upon the adoption of the policy developed by the Police Officer Standards and Training Council or the implementation of an alternative policy, each law enforcement agency shall make its policy available to the public and shall ensure that: (A) Copies of the policy are available at the town hall or another municipal building located within the municipality served by the law enforcement agency, other than a municipal building in which the law enforcement agency is located, and (B) the policy is available on the law enforcement agency's Internet web site or the Internet web site of the municipality served by the law enforcement agency. ]

[(d)] (a) For the purposes of this section, "law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department.

(b) (1) Not later than January 1, 2018, the Police Officer Standards and Training Council shall create a standardized police complaint form.

(2) The standardized police complaint form shall (A) allow for anonymous complaints, (B) state that there are no time limits on the acceptance of complaints, (C) not require notarization of the complaint or any affirmation of possible penalties, (D) provide an explanation of protections that may be afforded to a complainant who fears retaliation associated with the filing of such complaint, (E) provide known complainants a complaint tracking number associated with such complaint, (F) detail the process for informing a known complainant of the disposition of such complaint, and (G) be made available in English and Spanish.

(3) The standardized police complaint form shall include check boxes for the complainant to categorize his or her grievances. The categories shall include, but not be limited to, (A) conduct unbecoming an officer, (B) discourteous attitude, (C) harassment, (D) racial profiling, as described in section 54-1m, (E) use of excessive force during search and seizure, (F) use of excessive force during arrest, (G) use of excessive force after arrest, and (H) use of excessive force without arrest.

(4) The law enforcement agency shall notify the complainant, if known, in writing not later than five business days after receiving such completed form of the following: (A) That his or her complaint has been received by the agency and that an investigation into such complaint is pending, (B) the complaint tracking number assigned to such complaint, (C) that the complainant will be informed in writing of the outcome of the investigation into such complaint, and (D) that the complainant may contact the investigator assigned to such complaint, who shall be identified by name, at any time for further information while the investigation is pending.

(5) If a law enforcement agency has a pattern or practice of not complying with the provisions of this section, the Office of Policy and Management shall recommend and the Secretary of the Office of Policy and Management may withhold discretionary state funds from such municipal police department or the Department of Emergency Services and Public Protection.

(6) Not later than July 1, 2018, and annually thereafter, each law enforcement agency shall prepare an annual report for the preceding calendar year that details the complaints filed with such law enforcement agency and includes (A) the number of complaints that were filed, (B) a description of the types of complaints filed, and (C) a description of the disposition of such complaints categorized by type of complaint and shall submit the report to the Criminal Justice Policy and Planning Division within the Office of Policy and Management.

(c) On and after January 1, 2018, each law enforcement agency shall use the standardized police complaint form described in subsection (b) of this section.

Sec. 8. (NEW) (Effective July 1, 2018) Not later than October 1, 2018, the Division of State Police within the Department of Emergency Services and Public Protection and each municipal police department shall post any manuals regarding its nonexempt policies and procedures on said division or municipal police department's Internet web site.

Sec. 9. (Effective July 1, 2017) The Commission on Equity and Opportunity established pursuant to section 2-127 of the general statutes, in consultation with the Police Officer Standards and Training Council, shall study and recommend model practices for independent police oversight. Not later than January 1, 2018, the commission shall report on such study, in accordance with the provisions of section 11-4a of the general statutes to the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees. "

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

Section 1

July 1, 2017

51-277a

Sec. 2

July 1, 2017

New section

Sec. 3

January 1, 2019

29-6d

Sec. 4

from passage

7-282e

Sec. 5

July 1, 2017

New section

Sec. 6

July 1, 2017

New section

Sec. 7

October 1, 2017

7-294bb

Sec. 8

July 1, 2018

New section

Sec. 9

July 1, 2017

New section