§ 54-1m — Adoption of policy prohibiting certain police actions. Traffic stop information. Standardized method. Data collection and reporting.

Connecticut § 54-1m

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 959: Court Jurisdiction and Power

Text

(a) Each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop shall adopt a written policy that prohibits the stopping, detention, interdiction or search of any person when such action is motivated, in whole or in part, by considerations of race, color, ethnicity, age, gender or sexual orientation, except when such consideration of race, color, ethnicity, age, gender or sexual orientation is used in combination with other information seeking to apprehend a specific suspect whose race, color, ethnicity, age or gender is part of the description of the suspect. For the purposes of this section: (1) “Department with authority to conduct a traffic stop” means any department that includes, or has oversight of, a police officer, and (2) “police officer” means a police officer within a municipal police department or the Department of Emergency Services and Public Protection or a person with the same authority pursuant to any provision of the general statutes to make arrests or issue citations for violation of any statute or regulation relating to motor vehicles and to enforce said statutes and regulations as policemen or state policemen have in their respective jurisdictions, including, but not limited to: (A) Special policemen or state policemen acting under the provisions of section 29-18, 17a-24 or 17a-465; (B) policemen acting under the provisions of section 29-19; (C) the Commissioner of Motor Vehicles, each deputy commissioner of the Department of Motor Vehicles and any salaried inspector of motor vehicles designated by the commissioner pursuant to section 14-8; (D) State Capitol Police officers acting under the provisions of section 2-1f; (E) special police forces acting under the provisions of section 10a-156b; (F) state policemen acting under the provisions of section 27-107; and (G) fire police officers acting under the provisions of section 7-313a. (b) Not later than July 1, 2013, the Office of Policy and Management, in consultation with the Racial Profiling Prohibition Project Advisory Board established in section 54-1s , and the Criminal Justice Information System Governing Board shall, within available resources, develop and implement a standardized method: (1) To be used by police officers of municipal police departments, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop to record traffic stop information unless the police officer is required to leave the location of the stop prior to completing such form in order to respond to an emergency or due to some other exigent circumstance within the scope of such police officer's duties. The standardized method and any form developed and implemented pursuant to such standardized method shall allow the following information to be recorded: (A) The date and time of the stop; (B) the specific geographic location of the stop; (C) the unique identifying number of the police officer making the stop, or the name and title of the person making the stop if such person does not have a unique identifying number; (D) the race, ethnicity, age and gender of the operator of the motor vehicle that is stopped, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop; (E) the nature of the alleged traffic violation or other violation that caused the stop to be made and the statutory citation for such violation; (F) the disposition of the stop including whether a warning, citation or summons was issued, whether a search was conducted, the authority for any search conducted, the result of any search conducted, the statute or regulation citation for any warning, citation or summons issued and whether a custodial arrest was made; and (G) any other information deemed appropriate. The method shall also provide for (i) notice to be given to the person stopped that if such person believes that such person has been stopped, detained, interdicted or subjected to a search on the basis, in whole or in part, of such person's race, color, ethnicity, age, gender, sexual orientation, religion or membership in any other protected class, such person may file a complaint with the appropriate law enforcement agency unless the police officer was required to leave the location of the stop prior to providing such notice in order to respond to an emergency or due to some other exigent circumstance within the scope of such police officer's duties, and (ii) instructions to be given to the person stopped on how to file such complaint unless the police officer was required to leave the location of the stop prior to providing such instructions in order to respond to an emergency or due to some other exigent circumstance within the scope of such police officer's duties; (2) To be used to report complaints pursuant to this section by any person who believes such person has been subjected to a motor vehicle stop by a police officer on the basis, in whole or in part, of race, color, ethnicity, age, gender, sexual orientation or religion; and (3) To be used by each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop to report data to the Office of Policy and Management pursuant to subsection (h) of this section. (c) Not later than July 1, 2013, the Office of Policy and Management, in consultation with the Racial Profiling Prohibition Project Advisory Board, shall develop and implement guidelines to be used by each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop in (1) training police officers of such agency in the completion of the form developed and implemented pursuant to subdivision (1) of subsection (b) of this section, and (2) evaluating the information collected by police officers of such municipal police department, the Department of Emergency Services and Public Protection or other department with authority to conduct a traffic stop pursuant to subsection (e) of this section for use in the counseling and training of such police officers. (d) On and after the date a standardized method and form have been developed and implemented pursuant to subdivision (1) of subsection (b) of this section, each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop shall record and retain the information required to be recorded pursuant to such standardized method and any additional information that such municipal police department or the Department of Emergency Services and Public Protection or other department with authority to conduct a traffic stop, as the case may be, deems appropriate, provided such information shall not include any other identifying information about any person stopped for a traffic violation such as the person's operator's license number, name or address. (e) Each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop shall provide to the Chief State's Attorney and the Office of Policy and Management (1) a copy of each complaint received pursuant to this section, and (2) written notification of the review and disposition of such complaint. No copy of such complaint shall include any other identifying information about the complainant such as the complainant's operator's license number, name or address. (f) Any police officer who in good faith records traffic stop information pursuant to the requirements of this section shall not be held civilly liable for the act of recording such information unless the officer's conduct was unreasonable or reckless. (g) If a municipal police department, the Department of Emergency Services and Public Protection or any other department with authority to conduct a traffic stop fails to comply 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 order an appropriate penalty in the form of the withholding of state funds from such municipal police department, the Department of Emergency Services and Public Protection or such other department with authority to conduct a traffic stop. (h) On and after October 1, 2013, each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop shall provide to the Office of Policy and Management a monthly report of the information recorded pursuant to subsection (d) of this section for each traffic stop conducted, in a format prescribed by the Office of Policy and Management. On and after January 1, 2015, such information shall be submitted in electronic form, and shall be submitted in electronic form prior to said date to the extent practicable. (i) The Office of Policy and Management shall, within available resources, review the prevalence and disposition of traffic stops and complaints reported pursuant to this section, including any traffic stops conducted on suspicion of a violation of section 14-227a , 14-227g , 14-227m or 14-227n . Not later than July 1, 2014, and annually thereafter, the office shall report the results of any such review, including any recommendations, to the Governor, the General Assembly and any other entity deemed appropriate. The Office of Policy and Management shall make such report publicly available on the office's Internet web site.

Legislative History

(P.A. 99-198, S. 2, 3; June Sp. Sess. P.A. 01-9, S. 128, 131; P.A. 03-160, S. 1; P.A. 04-27, S. 6; 04-257, S. 83; P.A. 11-51, S. 171; P.A. 12-74, S. 1; June 12 Sp. Sess. P.A. 12-1, S. 144; P.A. 13-75, S. 1; May Sp. Sess. P.A. 16-3, S. 168; P.A. 21-97, S. 7; June Sp. Sess. P.A. 21-1, S. 164; P.A. 23-9, S. 2.) History: (Revisor's note: A reference in Subsec. (f) to “the information recorded pursuant to subsection (d)” was changed editorially by the Revisors to “the information recorded pursuant to subsection (b)” for accuracy); June Sp. Sess. P.A. 01-9 amended Subsec. (h) to extend the effectiveness of Subsecs. (f) and (g) from January 1, 2002, to January 1, 2003, effective July 1, 2001; P.A. 03-160 amended Subsec. (b)(5) to provide that additional information does not include any other identifying information about any person stopped for a traffic violation such as his or her operator's license number, name or address, amended Subsec. (c) to require copy of the complaint and written notification of the review and disposition of such complaint to be provided to the African-American Affairs Commission and to provide that no such complaint shall contain any other identifying information about the complainant such as his or her operator's license number, name or address, amended Subsec. (f) to require that summary report be provided to the African-American Affairs Commission, amended Subsec. (g) to require the African-American Affairs Commission to review the prevalence and disposition of traffic stops and complaints and, not later than January 1, 2004, and annually thereafter, to report the results of such review to the Governor, the General Assembly and any other entity said commission deems appropriate and to delete references to the Chief State's Attorney, deleted former Subsec. (h) re limited period of effectiveness of Subsecs. (f) and (g), redesignated existing Subsec. (i) as Subsec. (h) and amended said Subsec. by substituting reference in Subdiv. (1) to personal identifying information with reference to race, color, ethnicity, gender and age, effective June 26, 2003; P.A. 04-27 made technical changes, effective April 28, 2004; P.A. 04-257 made a technical change in Subsec. (b), effective June 14, 2004; P.A. 11-51 replaced Commissioner and Department of Public Safety with Commissioner and Department of Emergency Services and Public Protection and amended Subsecs. (a), (b) and (h) to delete references to January 1, 2000, effective July 1, 2011; P.A. 12-74 added new Subsec. (b) re development and implementation of standardized method to record traffic stop information, added new Subsec. (c) re training and evaluation guidelines, redesignated existing Subsec. (b) as Subsec. (d) and amended same to provide that method be used on and after July 1, 2013, if developed and implemented, redesignated existing Subsecs. (c) to (g) as Subsecs. (e) to (i) and amended same to substitute references to Office of Policy and Management for references to African-American Affairs Commission re receipt of complaints, Chief State's Attorney re recommendation of penalty for failure to comply, Chief State's Attorney and commission re summary report, and commission re review, within available resources, and substitute “October 1, 2013” for “October 1, 2000” re summary report, added Subsec. (j) re report to judiciary committee, deleted former Subsec. (h) re development and promulgation of forms, and made technical changes, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (d) to add Subdiv. (1) re use of form and recording of information, designate provisions re recording and retaining information under standardized method as Subdiv. (2) and add reference therein to municipal police department and Department of Emergency Services and Public Protection, amended Subsec. (h) to substitute “October 1, 2012” for “October 1, 2013” re summary report and delete provision re use of method and form, and made technical changes, effective July 1, 2012; P.A. 13-75 made section applicable to “any other department with authority to conduct a traffic stop”, amended Subsec. (a) to add Subdiv. (1) defining “department with authority to conduct a traffic stop” and Subdiv. (2) defining “police officer”, amended Subsec. (b)(1) to add provisions re exception to requirement to record traffic stop information and complaint information provided to person stopped when officer is required to leave in order to respond to emergency or due to other exigent circumstances within scope of duties, and to require that form include specific geographic location of stop, officer's unique identifying number or name, title of person making stop if such person has no unique identifying number, the authority for any search conducted, the result of any search conducted, and the citation for any warning, citation or summons issued, amended Subsec. (h) to require departments to provide Office of Policy and Management with monthly reports of information recorded under Subsec. (d), amended Subsec. (i) to substitute “July 1, 2014,” for “January 1, 2014,” re report, and amended Subsec. (j) to substitute “January 1, 2014,” for “January 1, 2013,” re report and add reference to public safety committee, the African-American Affairs Commission, the Latino and Puerto Rican Affairs Commission and the Black and Puerto Rican Caucus of the General Assembly; May Sp. Sess. P.A. 16-3 deleted former Subsec. (j) re January 1, 2014, report on progress in developing standardized method and guidelines, effective July 1, 2016; P.A. 21-97 amended Subsec. (i) by adding provision re public availability of report; June Sp. Sess. P.A. 21-1 amended Subsec. (i) by adding reference to traffic stops conducted on suspicion of violation of Sec. 14-227a, 14-227g, 14-227m or 14-227n, effective June 22, 2021; P.A. 23-9 amended Subsec. (a) by adding “, interdiction”, replacing “solely” with “in whole or in part” re motivated action, and replacing “and such action would constitute a violation of the civil rights of the person” with an exception when consideration of race, color, ethnicity, age, gender or sexual orientation is used in combination with other information seeking to apprehend a specific suspect, deleted “color” in Subsec. (b)(1)(D), added “, interdicted” and replaced “solely because of” with “on the basis, in whole or in part, of such person's” in Subsec. (b)(1)(G)(i), replaced “solely” with “in whole or in part” in Subsec. (b)(2), deleted Subsec. (d)(1) re prior to the date a standardized method and form have been developed, redesignated Subsec. (d)(2) re on and after the date a standardized method and form have been developed as Subsec. (d) and deleted obsolete language re report not later than October 1, 2012, in Subsec. (h), effective June 7, 2023.