(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.
(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).
Structure Connecticut General Statutes
Chapter 104 - Municipal Police and Fire Protection
Section 7-275. - Meetings of commissioners. Vacancies.
Section 7-276. - Powers of commissioners.
Section 7-277. - Town to bear expense.
Section 7-277a. - Police assistance agreements.
Section 7-279. - Subpoena to appear before municipal police commissioners.
Section 7-280. - Witness fees.
Section 7-281a. - Free use of COLLECT system.
Section 7-282. - Municipal accident and police records.
Section 7-282a. - Reporting of bomb incidents.
Section 7-282b. - Automatic telephone alarms.
Section 7-282d. - Imposition of pedestrian citation or traffic ticket quotas prohibited.
Section 7-283. - Employment of private detectives.
Section 7-284. - Police protection at places of amusement.
Section 7-285. - Sale of unclaimed goods by police departments.
Section 7-286. - Police matrons in certain cities.
Section 7-287. - Female prisoners under care of police matron.
Section 7-288. - Duty of police matron.
Section 7-289. - Qualifications of matron; salary; removal.
Section 7-290. - Separate station for female prisoners.
Section 7-291. - Police surgeons.
Section 7-291b. - Guidelines re recruitment, retention and promotion of minority police officers.
Section 7-291e. - Requirements re provision of behavioral health assessments to police officers.
Section 7-292. - Adoption of forty-hour week for policemen.
Section 7-294. - Earnings not affected.
Section 7-294a. - Police Officer Standards and Training Council: Definitions.
Section 7-294b. - Members of council. Holding of other office.
Section 7-294c. - Submission of annual report by council to Governor and General Assembly.
Section 7-294dd. - Reimbursement for cost of police officer certification.
Section 7-294e. - Recertification of police officers. Regulations.
Section 7-294hh. - State and local police policy concerning crowd management. Regulations. Training.
Section 7-294mm. - Timely notification by a peace officer of a death.
Section 7-294o. - Development and implementation of policy re missing person reports. Training.
Section 7-294t. - Eyewitness Identification and Emerging Technologies Task Force.
Section 7-294w. - State and local police training programs to include traffic incident management.
Section 7-294x. - Council to provide training to public school security personnel.
Section 7-294aaa. - Establishment of civilian police review boards.
Section 7-295. - Acceptance of part.
Section 7-296. - Reserve fund of police department.
Section 7-297. - Veteran reserve; retirement; death benefits.
Section 7-298. - Removal of policemen not restricted.
Section 7-299. - City ordinances.
Section 7-300. - Establishment of funds in towns and boroughs.
Section 7-301. - Establishment of fire department.
Section 7-302. - Hearing prior to dismissal of fire department head. Appeal.
Section 7-303. - “Municipality”, “work” and “duty” defined.
Section 7-304. - Participation of municipalities.
Section 7-307. - Age requirement for veterans.
Section 7-309. - Liability for damage caused by motor vehicle used for fire fighting.
Section 7-311. - Liability for delay in reporting fire or other emergency.
Section 7-312. - Liability as to use of water holes.
Section 7-313a. - Fire police.
Section 7-313b. - Authority of fire department officer to order removal of persons.
Section 7-313c. - Indemnification for educational expenses.
Section 7-313d. - Local fire department's authority to inspect state facilities.
Section 7-313e. - Authority of fire officer during emergency.
Section 7-313f. - Authority of fire chiefs at certain state facilities.
Section 7-313g. - “Firefighter” defined.
Section 7-313h. - Firefighters cancer relief account.
Section 7-313j. - Firefighters cancer relief program established.
Section 7-313l. - Firefighter training on resilience and self-care techniques.
Section 7-313m. - Grants to distressed municipalities for volunteer firefighter training.
Section 7-313o. - Firefighter turnout gear. Maintenance and remediation of toxic substances.
Section 7-314. - Definitions. Exemption from Freedom of Information Act.
Section 7-314a. - Death, disability and injury benefits. Presumption.
Section 7-314c. - Assumption of liability by the state for volunteer firefighters.
Section 7-322a. - Benefits for volunteers rendering service to another fire company.
Section 7-322d. - Election of officers. Ballots exempt from Freedom of Information Act.
Section 7-323. - Application of part.
Section 7-323a. - Definitions.
Section 7-323b. - Acceptance of part.
Section 7-323c. - Benefit fund established.
Section 7-323d. - Actuarial studies of fund experience.
Section 7-323f. - Insurance policies to provide benefits authorized.
Section 7-323g. - Withdrawal of acceptance.
Section 7-323h. - Municipal liability for maintaining benefits.
Section 7-323i. - Administration of fund.
Section 7-323j. - Definitions.
Section 7-323k. - Commission on Fire Prevention and Control.
Section 7-323l. - Duties of Commission on Fire Prevention and Control. Regulations.
Section 7-323m. - Exceptions, voluntary cooperation.
Section 7-323n. - Office of State Fire Administration.
Section 7-323o. - State Fire Administrator, appointment and duties.
Section 7-323q. - Indemnification of fire service instructors.
Section 7-323t. - Municipal contracts prohibiting paid emergency personnel from volunteer service.
Section 7-323u. - Regional fire school. Notice and hearing. Appeals. Regulations.