§ 7-282e — Intervention in or reporting of use of unreasonable, excessive or illegal force by a witnessing officer. Records of incidents of use of physical force, discharge of a firearm or engagement of a pursuit. Review and reporting of use of force incidents.

Connecticut § 7-282e

• Jurisdiction: Connecticut
• Title 7: Municipalities
• Ch. 104: Police and Fire Protection

Text

(a)(1) Any police officer, as defined in section 7-294a, who while acting in such officer's law enforcement capacity, witnesses another police officer use what the witnessing officer objectively knows to be unreasonable, excessive or illegal use of force, shall intervene and attempt to stop such other police officer from using such force. Any such police officer who fails to intervene in such an incident may be prosecuted and punished for the same acts in accordance with the provisions of section 53a-8 as the police officer who used unreasonable, excessive or illegal force. The provisions of this subdivision do not apply to any witnessing officer who is operating in an undercover capacity at the time he or she witnesses another officer use unreasonable, excessive or illegal force. (2) Any police officer who witnesses another police officer use what the witnessing officer objectively knows to be unreasonable, excessive or illegal use of force or is otherwise aware of such use of force by another police officer shall report, as soon as is practicable, such use of force to the law enforcement unit, as defined in section 7-294a , that employs the police officer who used such force. Any police officer required to report such an incident who fails to do so may be prosecuted and punished in accordance with the provisions of sections 53a-165 to 53a-167 , inclusive. (3) No law enforcement unit employing a police officer who intervenes in an incident pursuant to subdivision (1) of this subsection or reports an incident pursuant to subdivision (2) of this subsection may take any retaliatory personnel action or discriminate against such officer because such police officer made such report and such intervening or reporting police officer shall be protected by the provisions of section 4-61dd or section 31-51m , as applicable. (b) Each law enforcement unit shall create and maintain a record detailing any incident (1) reported pursuant to subdivision (2) of subsection (a) of this section, or (2) otherwise made known to the law enforcement unit during which a police officer (A) 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, (i) striking another person with an open or closed hand, elbow, knee, club or baton, kicking another person, or using pepper spray, an electronic defense weapon, as defined in section 53a-3 , or less lethal projectile on another person, (ii) using a chokehold or other method of restraint applied to the neck area or that otherwise impedes the ability to breathe or restricts blood circulation to the brain of another person, or (iii) using any other form of physical force designated by the Police Officer Standards and Training Council, (B) discharges a firearm, except during a training exercise or in the course of dispatching an animal, or (C) engages in a pursuit, as defined in subsection (a) of section 14-283a . 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. (c) Not later than February 1, 2021, and annually thereafter, each law enforcement unit shall prepare and submit a report concerning incidents described in subsection (b) 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 the records described in subsection (b) of this section and shall be submitted electronically using a standardized method and form disseminated jointly by the Criminal Justice Policy and Planning Division within the Office of Policy and Management and the Police Officer Standards and Training Council. The standardized method and form shall allow compilation of statistics on each use of force incident, including, but not limited to, (1) 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, (2) the number of times force was used on such person, and (3) any injury suffered by such person against whom force was used. The Criminal Justice Policy and Planning Division within the Office of Policy and Management and the Police Officer Standards and Training Council may revise the standardized method and form and disseminate such revisions to law enforcement units. Each law enforcement unit shall, prior to submission of any such report pursuant to this subsection, redact any information from such report that may identify a minor, witness or victim. (d) The Office of Policy and Management shall, within available appropriations, review the use of force incidents reported pursuant to this section. Not later than December 1, 2021, and annually thereafter, the office shall report, in accordance with the provisions of section 11-4a , the results of any such review, including any recommendations, to the Governor, the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.

Legislative History

(June Sp. Sess. P.A. 15-4, S. 5; P.A. 19-90, S. 1; July Sp. Sess. P.A. 20-1, S. 30; P.A. 21-40, S. 3.) History: P.A. 19-90 designated existing provisions re record of certain incidents as Subsec. (a) and amended same by adding provision re chokehold or other method of restraint applied to neck area in Subdiv. (1), adding Subdiv. (3) re engaging in pursuit, and making technical changes, and added Subsec. (b) re reporting; July Sp. Sess. P.A. 20-1 added new Subsec. (a) re an officer witnessing another officer's unreasonable, excessive or illegal use of force, redesignated existing Subsec. (a) as Subsec. (b) and amended same by adding new Subdiv. (1) re reporting pursuant to Subsec. (a)(2), adding new Subdiv. (2) re incidents otherwise made known to law enforcement unit, redesignating existing Subdiv. (1) as Subpara. (A), redesignating provision re types of physical force as clause (i) and amending same to add reference to elbow and knee, replace reference to electroshock weapon with reference to electronic defense weapon and add reference to less lethal projectile, redesignating provision re chokehold or other method of restraint applied to neck area as clause (ii) and amending same to add provision re impeding ability to breathe or restricting blood circulation to brain, and adding provision re other form of physical force designated by the Police Officer Standards and Training Council as clause (iii), and redesignating existing Subdivs. (2) and (3) as Subparas. (B) and (C), redesignated existing Subsec. (b) as Subsec. (c) and amended same by replacing “February 1, 2020” with “February 1, 2021”, deleting existing Subdivs. (1) and (2), deleting Subdiv. (3) designator and adding provision re electronic submission using standardized method and form, redesignating existing Subparas. (A) to (C) as Subdivs. (1) to (3), and adding provision re revision and dissemination of standardized method and form, added Subsec. (d) re Office of Policy and Management to review use of force incidents and report results and made technical and conforming changes throughout; P.A. 21-40 made a technical change in Subsec. (c).