SB 397 — AN ACT CONCERNING DEMOCRACY AND GOVERNMENT ACCOUNTABILITY AND THE USE AND RETENTION OF DATA DERIVED FROM AUTOMATED LICENSE PLATE READER SYSTEMS.

399 8 sSB397 File No.

399 report and submit a copy of such report not later than five business days after the cause of the death is available to theChief State's Attorney and, 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.

(1) The circumstances of the incident, (2) a determination of whether the use of physical force by the peace officer was justifiable under section 53a-22, as amended by this act, and (3)Public anyAct recommendedNo. future action to be taken by the Office of the Inspector General as a result of the incident.

The26-14 Chief9 State's Attorney shall provide a copy of the42 reportSubstitute toSenate theBill chiefNo. 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 make such report available to the public on the Division of Criminal Justice's Internet web site not later than forty-eight hours after the copies are provided to the chief executive officer and the commissioner or chief of police.

397 (3) any recommended future action to be taken by the [Office of the Inspector General] law enforcement agency 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 theCommissioner ofEmergency ServicesandPublicProtectionorthe chief of police of such municipality, as the case may be, and shall make such report available to the public on the Division of Criminal Justice's Internet web site not later than forty-eight hours after the copies are provided to the chief executive officer and the commissioner or chief of police.

If the believed facts or circumstances would not in law constitute an offense, sSB397an /erroneous Filethough No.not unreasonable belief that the law is otherwise does not render justifiable the use of physical force to make an arrest or to prevent an escape from custody;

399 9 sSB397 File No.

399 an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of physical force to make an arrest or to prevent an escape from custody;

(2) A peace officer or an authorized official of the Department of Correction or the Board of Pardons and Paroles who is effecting an arrestPublic pursuantAct toNo. a warrant or preventing an escape from custody is justified in using the physical force prescribed in subsections (b), (c) and (d) of this section unless such warrant is invalid and is known by such officer to be invalid.

(b)26-14 Except10 as provided in subsection (a) or (d) of this42 section,Substitute aSenate peaceBill officerNo. or an authorized official of the Department of Correction or the Board of Pardons and Paroles is justified in using physical force upon anotherpersonwhenandtotheextentthatheorshereasonablybelieves such use to be necessary to:

397 arrest pursuant to a warrant or preventing an escape from custody is justified in using the physical force prescribed in subsections (b), (c) and (d) of this section unless such warrant is invalid and is known by such officer to be invalid.

(b) Except as provided in subsection (a) or (d) of this section, a peace officer or an authorized official of the Department of Correction or the Board of Pardons and Paroles is justified in using physical force upon anotherpersonwhenandtotheextentthat heorshereasonablybelieves such use to be necessary to:

or (B)Heor she(i)hasreasonably determinedthat there are no available sSB397reasonable /alternatives Fileto the use of deadly physical force, (ii) reasonably believes that the force employed creates no unreasonable risk of injury to a third party, and (iii) reasonably believes such use of force to be necessary to (I) effect an arrest of a person whom he or she reasonably believes has committed or attempted to commit a felony Public Act No.

39926-14 1011 sSB397of File42 Substitute Senate Bill No.

399397 reasonable alternatives to the use of deadly physical force, (ii) reasonably believes that the force employed creates no unreasonable risk of injury to a third party, and (iii) reasonably believes such use of force to be necessary to (I) effect an arrest of a person whom he or she reasonably believes has committed or attempted to commit a felony which involved the infliction of serious physical injury, and if, where feasible, he or she has given warning of his or her intent to use deadly physicalforce, or (II)prevent theescapefromcustody ofapersonwhom he or she reasonably believes has committed a felony which involved the infliction of serious physical injury and who poses a significant threatofdeathorseriousphysicalinjurytoothers,andif,wherefeasible, he or she has given warning of his or her intent to use deadly physical force.

sSB397(e) /Except Fileas provided in subsection (f) of this section, a person who has been directed by a peace officer or an authorized official of the Department of Correction or the Board of Pardons and Paroles to assist Public Act No.

39926-14 1112 sSB397of File42 Substitute Senate Bill No.

399397 (e) Except as provided in subsection (f) of this section, a person who has been directed by a peace officer or an authorized official of the Department of Correction or the Board of Pardons and Paroles to assist such peace officer or official to effect an arrest or to prevent an escape from custody is justified in using reasonable physical force when and to the extent that he or she reasonably believes such to be necessary to carry out such peace officer's or official's direction.

Section 51-277e of the 2026 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from Public Act No.

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397 passage):

(a) There is established the Office of the Inspector General that shall be a separate office within the Division of Criminal Justice.

Not later than October 1, 2021, the Criminal Justice Commission established pursuant to section 51-275a shall appoint a deputy chief state's attorney as Inspector General who shall lead the Office of the Inspector General.

The office shall:

(1) Conduct investigations of peace officers in accordance with section 51-277a, as amended by this act;

(2) prosecute any case in which the Inspector General determines a peace officer used force found to not be justifiable pursuant to section 53a-22, as amended bythisact,orwhereapoliceofficerorcorrectionofficerfailstointervene in any such incident or to report any such incident, as required under subsection (a) of section 7-282e or section 18-81nn, as applicable;

(3) investigate any failureto report thedeathofapersoninaccordance with the provisions of section 7-294mm;

(4) investigate any failure to report in accordance with the provisions of subdivision (1) of subsection (h) of section 7-294d;

(5) investigate the death of a person within the physical custody of a peace officer or law enforcement agency or the Commissioner of Correction in accordance with the provisions of subdivision (2) of subsection (a) of section 51-277a, as amended by this act;

and [(5)] (6) make recommendations to the Police Officer Standards and Training Council established under section 7-294b concerning censure and suspension, renewal, cancelation or revocation of a peace officer's certification, provided in the case of a failure to report a death ofaperson,anysuchrecommendationmaybemadetosaidcouncilonly in a case where such failure is found to be intentional or made with reckless indifference, or if there is no finding that such failure was intentional or made with reckless indifference, a recommendation may be made to the officer's employing agency for any further disciplinary action as so determined by such employing agency.

As used in this subsection, "peace officer" has the same meaning as provided in section 51-277a, as amended by this act.

Public Act No.

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397 (b) The Inspector General shall serve a term of four years from July first in the year of the appointment unless sooner removed by the Criminal Justice Commission.

The commission shall not be precluded from reappointing an individual who has previously served as Inspector General.

(c) An Inspector General may be removed or otherwise disciplined only in accordance with section 51-278b.

(d)The Inspector Generalmay issuesubpoenasto municipalities, law enforcement units, as defined in section 7-294, the Department of Correction and any employee or former employee of the municipality, unit or department (1) requiring the production of reports, records or otherdocumentsconcerninganinvestigationdescribedinsubsection(a) of this section that is undertaken by the Inspector General, and (2) compelling the attendance and testimony of any person having knowledgepertinenttosuchinvestigationataninvestigativedeposition conductedbytheInspectorGeneral,ortheInspectorGeneral'sdesignee.

(e) A chief of police of a municipality, the Commissioner of Emergency Services and Public Protection or the Commissioner of Correction may refer and the Inspector General shall accept any such referral of an incident described in subsection (a) of this section for purposes of an investigation.

(f) The Office of the Inspector General shall be at a location that is separate from the locations of the Office of the Chief State's Attorney or any of the state's attorneys for the judicial districts.

(g) The Inspector General may employ necessary staff to fulfil the duties of the Office of the Inspector General described in subsection (a) of this section.

Such staff shall be selected by the Inspector General within the confines of any existing collective bargaining agreement and shall include, but not be limited to, an assistant state's attorney or a Public Act No.

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397 deputy assistant state's attorney, an inspector and administrative staff.

As needed by and upon request of the Inspector General, the Office of the Chief State's Attorney shall ensure assistance from additional assistant state's attorneys or deputy assistant state's attorneys, inspectors and administrative staff.

Sec.

6.

(1) "Peace officer" has the same meaning as provided in section 51-277a of sSB397the /general Filestatutes, No.as amended by this act;

399 12 sSB397 File No.

399 the general statutes, as amended by this act;

Notwithstanding the provisions ofPublic thisAct subsection,No. a peace officer assigned to a bomb squad, motorcycle unit or specialized weapons and tactics team is permitted to utilize gear necessary to protect such officer's face and head from physical harm while performing the duties associated with such assignment.

(c)26-14 In16 accordance with the provisions of section42 7-294iiSubstitute ofSenate theBill general statutes, a peace officer, while carrying out the enforcement of laws of this state, any other state or the United States, shall be clearly identified by such officer's badge and name tag on the officer's uniform, unless (1) such officer is performing duties during an active undercover assignment authorized by supervising personnel, (2) compliance is sSB397 / File No.

399397 13of sSB397this Filesubsection, No.a peace officer assigned to a bomb squad, motorcycle unit or specialized weapons and tactics team is permitted to utilize gear necessary to protect such officer's face and head from physical harm while performing the duties associated with such assignment.

399Any excusedpeace pursuantofficer towho violates the modelprovisions policyof adoptedthis pursuantsubsection toshall sectionbe 7-guilty 294ii of the general statutes, or (3) compliance is excused pursuant to a courtclass order.D misdemeanor.

(d)(c) AnyIn accordance with the provisions of section 7-294ii of the general statutes, a peace officerofficer, who violatesis conducting a planned arrest or interacting with the provisionspublic ofin subsectionsuch (b)officer's orofficial (c)capacity ofand thisis sectionauthorized to make arrests, shall be guiltyclearly identified by such officer's badge and name tag on the officer's uniform, unless (1) such officer is performing duties during an active undercover assignment authorized by supervising personnel, (2) compliance is excused pursuant to the model policy adopted pursuant to section 7-294ii of the general statutes, (3) compliance is excused pursuant to a classcourt Dorder, misdemeanor.or (4) while in the performance of such officer's duties, weather-related events or traffic safety issues exist that prevent such officer from having a name tag or badge on such officer's outer garment.

(e)Any Notwithstanding any other law, any peace officer who isintentionally foundviolates tothe haveprovisions committed an intentional tort of assault,this battery,subsection falseshall imprisonment,be falseguilty arrest, abuse of process or malicious prosecution pursuant to state law or 28 USC 2680(h), while wearing a facialclass coveringD ormisdemeanor. personal disguise in a knowing and wilful violation of this section, shallnot beentitledtoassert any privilege or immunity for suchofficer's tortious conduct against a claim of civil liability.

(d) Notwithstanding any other law, any peace officer who is found to have committed an intentional tort of assault, battery, false imprisonment, false arrest, abuse of process or malicious prosecution pursuant to state law or 28 USC 2680(h), while wearing a facial covering or personal disguise in a knowing and wilful violation of this section, shallnot beentitledtoassert any privilege or immunity for suchofficer's tortious conduct against a claim of civil liability.

6.

(NEW) (Effective from passage) No armed military force from another state, territory or district is permitted to enter the state of Connecticut for the purpose of engaging in military duty within this state without the express written permission of the Governor of this state, unless such force has been called into active service of the United Statesandisacting under authority ofthePresident oftheUnitedStates.

Sec.

(NEW) (Effective fromOctober passage)1, 2026) (a) As used in this section:

(1)"Protectedarea"meansanyofthefollowingbuildingsorlocations, including the grounds of such buildings or locations and any garages or parkingPublic lotsAct utilizedNo. in the operation of such buildings or locations, irrespective of whether such garages or parking lots are contiguous to the buildings or locations:

26-14 17 of 42 Substitute Senate Bill No.

397 parking lots utilized in the operation of such buildings or locations, irrespective of whether such garages or parking lots are contiguous to the buildings or locations:

(B) A medicalhospital orlicensed mentalpursuant healthto facility,the including,provisions butof notchapter limited368v to,of athe hospital,doctor'soffice,general healthclinic,vaccinationortestingstatutes site,urgentor an urgent care center, siteas thatdefined servesin pregnantsection individuals19a- or493d communityof healththe center;general statutes;

sSB397(C) /A Fileplace No.of worship or religious study;

399(D) 14A sSB397playground, Filerecreation No.center, child care center, before or after- school care center, foster care facility, group home for children or school bus stop when children are present;

399(E) (C) A placesocial ofservices worshipestablishment, orincluding, religiousbut study,not whetherlimited into, a structurecrisis dedicatedcenter, todomestic activitiesviolence ofshelter, faithvictims orservices acenter, temporarychild advocacy center, supervised visitation center, family justice center, facility that serves disabled persons, homeless shelter, drug or locationalcohol wherecounseling suchand activitiestreatment takefacility, place;or food bank, pantry or other establishment distributing food or other essentials of life to people in need;

(D) A place where children gather, including, but not limited to, a playground, recreation center, child care center, before or after-school care center, foster care facility, group home for children or school bus stop;

(E) A social services establishment, including, but not limited to, a crisis center, domestic violence shelter, victims services center, child advocacy center, supervised visitation center, family justice center, community-based organization, facility that serves disabled persons, homeless shelter, drug or alcohol counseling and treatment facility, or food bank, pantry or other establishment distributing food or other essentials of life to people in need;

or (G) A placecemetery where a funeral, graveside ceremony, rosary, wedding or other religiousplace orof civilinternment ceremoniesfor orthe observancesdeceased. occur;

(2) "State facility" means any building, or (H)Apart placethereof, whereowned, thereleased, isanongoingoccupied, parade,demonstrationorrally.controlled by or used for business by an office or agency of Public Act No.

(2)26-14 "State18 facility" means any building, or part thereof, owned, leased, occupied, controlled by or used for business by an office or agency of the42 ExecutiveSubstitute Department,Senate eitherBill directlyNo. or indirectly, including, but not limited to, entities providing direct services on behalf of offices or agencies, but not including state-owned property leased to a federal entity.

397 the Executive Department, either directly or indirectly, including, but not limited to, entities providing direct services on behalf of offices or agencies, but not including state-owned property leased to a federal entity.

sSB397(3) /"Municipal Filefacility" No.means any building or part thereof, owned, leased, occupied, controlled by or used for business by a municipal government, either directly or indirectly, including, but not limited to, entities providing direct services on behalf of a municipal government.

399 15 sSB397 File No.

399 (3) "Municipal facility" means any building or part thereof, owned, leased, occupied, controlled by or used for business by a municipal government, either directly or indirectly, including, but not limited to, entities providing direct services on behalf of a municipal government.

(b)(4) No"Civil peaceoffense" officer,means as defined in section 51-277a of the general statutes, as amended by this act, shall detain, arrest or otherwise take an individualoffense infor which a protectedlocal, area, state facility or municipalfederal facility into custody on the basis of a civil offense,proceeding unless (1) such peace officer is actingavailable into the peacecharged officer's official capacity, and (2) the individual to beoffer detained, arrested or otherwise taken into custody is the subject of a judicialdefense. warrant.

"Civil offense" does not include any offense identified as an infraction by the general statutes, a motor vehicle violation or an arrest allowed (A)for anallegedviolationofthecriminallaw of:(i)Thestate or another jurisdiction within the United States, for which a sentence of a term of imprisonment is authorized by law;

or (ii) the United States, for which a sentence of a term of imprisonment is authorized by law, and for which federal law requires an initial appearance before a federal judge, federal magistrate or other judicial officer, pursuant to the federal rules of criminal procedure that govern initial appearances;

(B) for contempt of court;

(C) for a capias issued by a judge;

(D) in response to a warrant for a violation of parole or probation;

or (E) for commitment under emergency certificate or other arrest permitted under chapter 319i of the general statutes.

(b) No peace officer, as defined in section 51-277a of the general Public Act No.

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397 statutes, as amended by this act, shall detain, arrest or otherwise take an individual in a protected area, state facility or municipal facility into custody on the basis of a civil offense, unless (1) such peace officer is acting in the peace officer's official capacity, and (2) the individual to be detained, arrested or otherwise taken into custody is the subject of a judicial warrant.

Section 7-294d51-33b of the 2026 supplement to the general statutes is amendedrepealed byand addingthe subsectionfollowing (i)is assubstituted followsin lieu thereof (Effective from passage):

(NEW)(a) (i)No (1)representative Asof useda inlocal, thisstate subsection,or "comparativefederal certification"law meansenforcement authority shall detain, arrest or otherwise take an individual on courthouse grounds into custody on the certificationbasis of a candidatecivil foroffense, aunless policesuch officerrepresentative position,(1) whois hasacting servedin asthe representative's official capacity, and (2) has notified a policejudicial officermarshal within the courthouse in anotherwhich statethe representative intends to detain, arrest or inotherwise atake lawan enforcementindividual unitinto withincustody and has provided documentation to the statejudicial thatmarshal isdemonstrating notthat subjectthe individual to be detained, arrested or otherwise taken into custody (A) is the provisionssubject of thea generaljudicial statuteswarrant, and(B) thehas regulationsbeen convicted of Connecticut(i) statea agenciesviolation applicableof tosection 53-21, 53a-56a, 53a-64aa, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-102a, 53a-196e, 53a-196f, 53a-196i, 53a-222 or 53a-223, or (ii) any class A or B felony offense, or (C) is identified as a possible match in the Policefederal OfficerTerrorist StandardsScreening andDatabase Trainingor Council.similar database.

(2)The Aprovisions candidateof forthis comparativesubsection certificationdo tonot aPublic positionAct as a police sSB397 / File No.

39926-14 1620 sSB397of File42 Substitute Senate Bill No.

399397 officerapply into anya lawjudicial enforcementmarshal unitdetaining, withinarresting theor stateotherwise shalltaking satisfactorilyan meetindividual allon entrycourthouse levelgrounds requirementsinto ofcustody. the council.

The(b) candidateAny judicial marshal receiving documentation pursuant to subsection (a) of this section shall alsopromptly completereview asuch policedocumentation basicin trainingaccordance programwith policies and procedures approved by the council.Office of the Chief Court Administrator.

(3)No Therepresentative councilof maya grantlocal, astate fullor federal law enforcement authority shall detain, arrest or partialotherwise waivertake ofan individual on courthouse grounds into custody on the policebasis basicof traininga requirement,civil specifyingoffense who is the elementssubject of such documentation, unless the program,judicial ifmarshal any,determines, based upon such review, that such individual (1) is the candidatesubject willof bea requiredjudicial towarrant, satisfactorily(2) complete.has been convicted of (A) a violation of section 53-21, 53a-56a, 53a-64aa, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-102a, 53a-196e, 53a-196f, 53a-196i, 53a-222 or 53a-223, or (B) any class A or B felony offense, or (3) is identified as a possible match in the federal Terrorist Screening Database or similar database.

A(c) requestAny forviolation waiver of the requirementprovisions of policethis basicsection trainingmay shall be forwardeddeemed tocontempt theof council,court and punished in writing,accordance bywith the chiefprovisions of policesection of51-33. the law enforcement unit seeking to employ such police officer, giving all pertinent information.

If(d) theAny requestindividual foraggrieved aby waiver originates from a municipalityviolation or agency for which there is no chief of police,this orsection concernsmay thebring positiona ofcivil chiefaction offor police,equitable therelief requestor shalldamages bein made by the candidate'sSuperior appointingCourt. authority.

(4)A Incivil determiningaction whetherbrought tofor waivedamages allmay orbe atriable portionby ofjury. the required police basic training program, the council shall evaluate in comparison to current standards the quality and extent of the candidate's (A) previous basic training and certification as a police officer;

(B)(e) formal,In professionalany andaction in-servicepursuant trainingto this section, the court may award reasonable attorney's fees and educationcosts inincurred lawto enforcementthe andcriminalprevailing justice;party.

(C)lengthofservice(f) andfieldexperienceNo asapoliceaction officer;may be commenced pursuant to subsection (d) of this section against the Judicial Branch or any officer or employee of said branch acting lawfully pursuant to such officer's or employee's official capacity, regarding actions or omissions of said branch or such officer or employee.

and(g) (D)The lengthprovisions of absencethis fromsection employmentshall withnot be construed to prohibit a lawPublic enforcementAct unit.No.

(5)26-14 The21 council may waive those portions of the42 policeSubstitute basicSenate trainingBill programNo. for which a candidate demonstrates (A) the satisfactory completion of a substantially equivalent training or educational program in another state or jurisdiction, (B) a length of service with field experience sufficient to establish a practical mastery of the required skills, or (C) a satisfactory combination of both.

(6)397 Therepresentativeofa councillocal,stateor mayfederallawenforcement notauthority waive any portion of the required basic training program for any candidate, even if the candidate previously held certification from anotherdetaining, state,arresting local or federalotherwise lawtaking enforcementan agency,individual ifon suchcourthouse certificationgrounds didinto notcustody requireon the completionbasis of a substantiallycivil equivalentoffense, trainingif orsuch educationalaction program,is includingin acompliance minimumwith ofthe fourprovisions hundredof eightythis hourssection ofand training.section 54-192h.

sSB397(h) /For Filepurposes No.of this section, (1) "courthouse" means the interior of any facility or property in which a court of this state conducts business, [and] (2) "courthouse grounds" includes the courthouse and any garage or parking lot owned by the Judicial Branch, or under contract with said branch, for the purpose of serving a courthouse, any walkways or sidewalks on the grounds of, contiguous to or abutting the grounds of the courthouse or connecting such garage or parking lot to the courthouse or grounds of the courthouse, and (3) "civil offense" has the same meaning as provided in section 7 of this act.

399Sec. 17 sSB397 File No.

399 Sec.

Subsection (b) of section 7-294d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) (1) No person may be employed as a police officer by any law enforcement unit for a period exceeding one year unless such person has been certified under the provisions of subsection (a) of this section or has been granted an extension by the council.

No person may serve as a police officer during any period when such person's certification has been cancelled or revoked pursuant to the provisions of subsection (c) of this section.

In addition to the requirements of this subsection, the council may establish other qualifications for the employment of police officers and require evidence of fulfillment of these qualifications.

The certification of any police officer who is not employed by a law enforcement unit for a period of time in excess of two years, unless such officer is on leave of absence, shall be considered lapsed.

Upon reemployment as a police officer, such officer shall apply for recertification in a manner provided by the council, provided such recertificationprocessrequiresthepoliceofficertosubmittoaurinalysis Public Act No.

26-14 22 of 42 Substitute Senate Bill No.

397 drug test that screens for controlled substances, including, but not limited to, anabolic steroids, and receive a result indicating no presence of any controlled substance not prescribed for the officer.

(2) The council shall certify any applicant who presents evidence of satisfactory completion of a program or course of instruction in another state or, if the applicant is a veteran or a member of the armed forces or the National Guard, as part of training during service in the armed forces, that is equivalent in content and quality to that required in this state, provided such applicant passes an examination or evaluation as required by the council.

The council shall not waive any portion of the required basic training program for any applicant who has previously served as a peace officer, or who, at the time the application is made, is serving as a peace officer, unless the applicant presents evidence of satisfactorily completing a substantially equivalent training or educational program, which includes a minimum of four hundred eighty hours of training.

Nothing in this section shall require the council to waive any portion of the required basic training program for any applicant who has previously served as a peace officer, or who, at the time the application is made, is serving as a peace officer.

For the purposes of this [section,] subsection, (A) "veteran" and "armed forces" have the same meanings as provided in section 27-103, and (B) "peace officer" has the same meaning as provided in section 51-277a, as amended by this act.

Sec.

10.

(b)Public AnAct employerNo. of a peace officer who interferes with any person taking a photographicor digitalstillorvideo image ofsuchpeace officer or another peace officer acting in the performance of such peace officer's duties shall be liable to such person in an action at law, suit in equity or other proper proceeding for redress.

26-14 23 of 42 Substitute Senate Bill No.

397 (b) An employer of a peace officer who interferes with any person taking a photographicor digitalstillorvideo image ofsuchpeace officer or another peace officer acting in the performance of such peace officer's duties shall be liable to such person in an action at law, suit in equity or other proper proceeding for redress.

sSB397Sec. / File No.

39911. 18 sSB397 File No.

399 Sec.

10.

Sec.Public Act No.

11.26-14 24 of 42 Substitute Senate Bill No.

397 Sec.

12.

and (2) "serious misconduct" means improper or illegal actions taken by a [police] peace officer in connection with such officer's official duties that could result in a miscarriage of justice or discrimination, including, but not limited sSB397to, /(A) Filea No.conviction of a felony, (B) fabrication of evidence, (C) repeated use of excessive force, (D) acceptance of a bribe, or (E) the commission of fraud.

399Public 19Act sSB397 File No.

39926-14 to,25 (A) a conviction of a42 felony,Substitute (B)Senate fabricationBill ofNo. evidence, (C) repeated use of excessive force, (D) acceptance of a bribe, or (E) the commission of fraud.

This397 actSec. shall take effect as follows and shall amend the following sections:

Section13. 1 from passage New section Sec.

2(NEW) (Effective from passagepassage) 3-129g(a) Sec.As used in this section and sections 14 and 15 of this act:

3(1) from"Automated passagelicense 51-277aplate Sec.reader system" means a mobile or fixed electronic image recording device that is capable, in combination with computer programs or algorithms, of converting images of license plates or vehicle descriptors into computer-readable data.

4"Automated fromlicense passageplate 53a-22reader Sec.system" does not include an image recording device that provides evidence used in enforcement of an offense specified in the general statutes or by municipal ordinance, including, but not limited to, such devices as an automated traffic enforcement safety device, as defined in section 14-307b of the general statutes, or those used as part of a work zone speed control system, as defined in section 13a-261 of the general statutes, or a municipal school bus violation enforcement system, as defined in section 14-279c of the general statutes;

5(2) "Automated license plate reader data" includes any data captured, recorded, held or stored, processed or derived from passagean Newautomated sectionlicense Sec.plate reader system, including, but not limited to, license plate characters, vehicle still or video images, vehicle attributes, location data, time stamps and metadata;

6(3) from"Gender-affirming passagehealth Newcare services" has the same meaning as provided in section Sec.52-571m of the general statutes;

7(4) from"Hotlist" passagemeans Newa sectionlist Sec.of registration numbers displayed on license plates maintained for comparison against a registration number collected by an automated license plate reader system;

8(5) from"Internal passagehotlist 7-294d(i)addendum" Sec.means a hotlist that (A) is maintained for use only at a specific state facility or facilities for which the list was made and by the public agency that made such list, and (B) may contain registration numbers displayed on a license plate of a motor vehicle Public Act No.

926-14 from26 passageof 52-571j42 Sec.Substitute Senate Bill No.

10397 fromregistered passageto Newa sectionperson Sec.who is identified in the making of such list as a potential threat to a person in the state facility, to the state facility or against the public agency operating the state facility, for reasons that include a previous conviction of such person for a misdemeanor or felony offense involving threats of physical violence or harassment against a person in the state facility, to the state facility or against the public agency operating the state facility or conduct by a person that is documented and involves threats of or attempted violence, harassment or incitement of physical violence against a person in the state facility, to the state facility or against the public agency operating the state facility, provided no such inclusion on an internal hot list addendum is based on an arrest for or conduct that is solely speech, conduct or association protected by article first of the Constitution of the state or the first amendment to the United States Constitution.

11(6) from"Law passageenforcement 7-291cagency" Statementmeans a department or agency for which a law enforcement officer is an employee of Legislativeor Commissioners:otherwise paid by or acting as an agent of, including, but not limited to, a municipal police department or the Division of State Police within the Department of Emergency Services and Public Protection;

In(7) Sec."Public agency" has the same meaning as provided in section 1- of the general statutes;

3.(8) "Reproductive health care services" has the same meaning as provided in section 52-571m of the general statutes;

"deadlyand force"(9) was"State changedfacility" tomeans "deadlyany physicalbuilding, force"or part thereof, owned, leased, occupied, controlled by or used for accuracy.business by an office or agency of the Executive Department, Legislative Branch or Judicial Branch, either directly or indirectly, including, but not limited to, entities providing direct services on behalf of offices or agencies, but not including state- owned property leased to a federal entity.

JUD"State Jointfacility" Favorableincludes Subst.the grounds of such facility and any garages or parking lots utilized in the Public Act No.

sSB39726-14 /27 Fileof 42 Substitute Senate Bill No.

399397 20operation sSB397of Filesuch No.facility, irrespective of whether such garages or parking lots are contiguous to the facility.

399(b) The(1) followingOn Fiscal Impact Statement and Billafter AnalysisOctober are1, prepared2026, forno thepublic benefitagency ofor theprivate membersvendor ofunder thecontract Generalwith Assembly,a solelypublic foragency purposesmay ofoperate information,an summarizationautomated andlicense explanationplate andreader dosystem notor representuse theautomated intentlicense ofplate thereader Generaldata, Assemblyexcept oras eitherfollows: chamber thereof for any purpose.

In(A) general,A fiscalpublic impactsagency areor baseda uponprivate vendor under contract with a varietypublic ofagency informationalmay sources,operate includingan theautomated analyst’slicense professionalplate knowledge.reader system or use automated license plate reader data for the following purposes:

Whenever(i) applicable,Performing agencyweigh datastation isduties; consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA(ii) Fiscalmonitoring Noteor Statemaintaining Impact:the agency's vehicles or equipment;

Agency(iii) Affectedassisting Fund-Effectin FYthe 27control $of FYaccess 28to $a Judicialsecured Dept.area;

(Probation)(iv) GFconducting -traffic Potentialanalytics; Minimal Minimal Cost Resources of the General Fund GF - Potential Minimal Minimal Revenue Gain Note:

GF=General(v) Fundenforcing Municipalparking Impact:regulations and collecting fines, including (I) by a municipal parking authority pursuant to chapter 100 of the general statutes, or (II) on the grounds of any facility owned or operated by any other public agency and any garages or parking lots utilized in the operation of such facility, irrespective of whether such garages or parking lots are contiguous to thefacility;(vi)monitoringandsecuringstatefacilities;or(vii)enforcing motor vehicle tax compliance pursuant to section 14-33 and chapter 203 of the general statutes;

Noneand Explanation(B) SectionsA 1law andenforcement 2agency createor a newprivate causevendor ofunder actioncontract andwith allowa thelaw Officeenforcement ofagency themay Attorneyoperate Generalan (OAG)automated tolicense bringplate areader civilsystem or administrativeuse actionautomated forlicense certainplate violationsreader ofdata afor person's constitutional rights resulting in no fiscal impact to the state.following purposes:

The(i) OAGComparing hassuch data with (I) data contained in a hotlist or internal hotlist addendum, (II) records of the resourcesConnecticut andOnline expertiseLaw toEnforcement meettheCommunications requirementsTeleprocessing System, (III) data contained in the Federal Bureau of Investigations Kidnapping and Missing Persons list, (IV) data contained in the bill.Connecticut Criminal Justice Information System, (V) data contained in the Federal Terrorist Screening Database, (VI) data contained in the National Crime Information Center database, or (VII) data contained in the National Public Act No.

The26-14 court28 system disposes of over42 250,000Substitute casesSenate annuallyBill andNo. the number of cases is not anticipated to be great enough to need additional resources.

Sections397 3Center andfor 4,Missing which allow the Division of Criminal Justice (DCJ) and theExploited OfficeChildren ofdatabase; Inspector General (OIG) to access certain evidence and scenes of investigation, is not anticipated to result in a fiscal impact as DCJ and OIG have the capacity and expertise to conduct these investigations.

Sectionor 5(ii) (1)entering prohibitsa peacelicense officersplate fromnumber wearinginto an automated license plate reader system upon a faciallaw coveringenforcement orofficer's personaldetermination disguisethat data in certainthe circumstancessystem andmay (2)(I) requiresbe peacerelevant officersand material to bea clearlyspecific identifiedactive investigation of a criminal offense in which there is reasonable suspicion that the offense has been or is being committed, provided any access by theiran badgeofficer of automated license plate reader data for such purpose shall result in a record of the reason for the access and nameany tag.associated case number for the complaint or incident that is being investigated and is the basis for the access, (II) assist in the apprehension of an individual with an outstanding warrant, (III) assist in locating a missing or endangered individual, or (IV) assist in the recovery of a stolen motor vehicle.

Violations(2) (A) On and after October 1, 2026, except as provided in subparagraph (B) or (C) of thesethis provisionssubdivision, isany automated license plate reader data collected or otherwise acquired or held or stored by a classpublic Dagency Misdemeanor,or resultingby a private vendor under contract with a public agency shall not beretained for a period in excess of twenty-one days, or for ashorter period when required pursuant to the terms of a potentialcontract costbetween a public agency with a private vendor that accesses an automated license plate reader system or holds or stores such data, unless such data is being retained (i) pursuant to a warrant or court order issued by a judge or magistrate on behalf of the Judicialstate Departmentor federal judicial branches, or pursuant to court rules governing the preservation of evidence, (ii) for probationthe purpose of collecting highway usage fees if such fees exist, provided such data is deleted not later than thirty days following the collection of such fees, (iii) as evidence in an active criminal investigation or prosecution, provided (I) at the time such data is designated for retention, such retention is approved by a supervisory law enforcement officer and documented by the law enforcement agency in a potentialrecord revenuestating sSB397the /purpose Filefor such retention and any associated case number for the investigation or prosecution to which the data relates, and (II) such data is deleted upon the conclusion of the investigation if no Public Act No.

39926-14 2129 sSB397of File42 Substitute Senate Bill No.

399397 gaincriminal charges are filed, or, in the case of a conviction for which no defendant is sentenced to a term of imprisonment, upon the Generalfinal Funddisposition fromof fines.the criminal case to which the data relates, including the exhaustion of all direct appeals, whichever occurs first, or, in the case of a conviction for which a defendant is sentenced to a term of imprisonment, upon the release the last defendant serving a term of imprisonment for a conviction to which the data relates, unless otherwise required to be retained under subparagraph (A)(i) of this subdivision, or (iv) for the purpose of conducting traffic analytics pursuant to subparagraph (A)(iv) of subdivision (1) of this subsection, provided such data is held or stored or managed as de-identified, aggregated or summarized data.

On(B) average,A thepublic marginalagency costor a private vendor under contract with a public agency may hold or retain automated license plate reader data for supervisiona period in excess of twenty-one days, if such data may be necessary to establishthatthecommissionofapotentialfutureoffense,motorvehicle violation or infraction pursuant to an ordinance, the communitygeneral statutes or a regulation is lessa thansubsequent $600offense, eachmotor yearvehicle violation or infraction for adultswhich anda $450penalty eachprescribed yearfor such subsequent offense, motor vehicle violation or infraction exceeds the penalty for juveniles.the previous offense, motor vehicle violation or infraction.

Section(C) 6,Any whichdata prohibitscollected anpursuant armedto militaryclause force(vii) fromof anothersubparagraph state,(A) territory,of orsubdivision district(1) fromof enteringthis Connecticutsubsection may be held or retained for militarya dutyperiod herein withoutexcess of twenty-one days, if such data is being held or retained expressly for the Governor'spurpose permission,of resultsensuring inan noindividual's fiscalcompliance impactwith a municipality's motor vehicle tax laws, provided (i) such data is not shared with any entity or individual other than the municipality's tax assessor or the individual to whom the state.motor vehicle is registered, and (ii) such data is deleted after ninety days, or following a determination of compliance by the municipality's tax assessor, whichever occurs first.

Section(c) 7,Automated whichlicense prohibitsplate peacereader officers,data frommay detaining,be arresting,admissible oras takingPublic someoneAct intoNo. custody based on a civil offense in certain locations unless the officer (1) is acting in his or her official capacity and (2) has a judicial warrant for the individual, results in no fiscal impact to the state or municipalities.

Section26-14 830 makesof changes42 toSubstitute theSenate PoliceBill OfficerNo. Standards and Training Council (POST-C) comparative certification process and does not have a fiscal impact because POST-C has the existing expertise to implement these changes.

Section397 9,evidence whichin expandsany liabilitycourt forof certainthis actionsstate, toprovided applysuch todata was collected or otherwise acquired or held or stored in accordance with the employersprovisions of allthis federalsection lawor enforcementobtained officers,pursuant doesto nota resultwarrant inissued by a fiscaljudge impactof to the state.Superior Court.

Section(d) 10,On whichand limitsafter prosecutorialOctober immunity1, for2026, federalno officerspublic andagency employees,operating resultsan inautomated nolicense fiscalplate impactreader system or using automated license plate reader data pursuant to thesubsection state.(b) of this section may:

Section(1) 11,Use whichor prohibitsassist lawin enforcementthe unitsuse fromof hiringautomated peacelicense officersplate whoreader (1)data wereto dismissedmonitor foror malfeasanceinvestigate an individual based on such individual's actual or seriousperceived misconductrace, callingethnicity, intosexual questionorientation, thegender fitnessidentity toor serveexpression, assex, anpregnancy officerstatus, disability, citizenship, nationality or (2)income resignedlevel, or retiredperceived duringcriminal history, except in a case where an investigationindividual is being investigated for thisa conduct,potential resultscriminal inoffense nofor fiscalwhich impactan toelement theof statesuch oroffense municipalities.is a prior conviction;

1Probation(2) marginalUse costor isassist basedin onthe servicesuse providedof byan privateautomated providerslicense andplate onlyreader includesdata costssystem thator increaseautomated withlicense eachplate additionalreader participant.data for the purpose of identifying an individual engaged in an activity protected under the First Amendment to the United States Constitution;

This(3) doesUse notor includeassist ain costthe foruse additionalof supervisionan byautomated alicense probationplate officerreader unlessdata system or automated license plate reader data for the purpose of investigating a newsuspected offenseimmigration isviolation anticipatedor tootherwise resultassisting in enoughany additionalcivil offendersor tocriminal requireimmigration additionalenforcement probationactivity; officers.

sSB397(4) /Use Fileor No.assist in the use of an automated license plate reader data system or automated license plate reader data for the purpose of investigating or prosecuting any individual who has sought, received, or provided reproductive health care services or gender-affirming health care services that are permitted under the laws of this state;

399(5) 22Unless sSB397authorized Filepursuant to section 29-6d of the general statutes, collect automated license plate reader data from a fixed Public Act No.

39926-14 The31 Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of offenses42 andSubstitute finesSenate imposedBill underNo. section 5.

sSB397397 /automated Filelicense No.plate reader system on the premises or within a distance established by the Police Officer Standards and Training Council pursuant to section 14 of this act, of a reproductive or sexual health facility, as defined in section 42-515 of the general statutes, that primarily provides gender-affirming health care services that are permitted under the laws of this state or a nonprofit or community organization that primarily serves immigrant communities, excluding any property under federal jurisdiction, provided such facility or organization notified the Police Officer Standards and Training Council of such facility's or organization's location;

399(6) 23Share sSB397or Fileprovide access to automated license plate reader data, unless the individual or entity requesting such data or access is (A) a public agency of this state, (B) a law enforcement agency of the state of New York or Rhode Island or the Commonwealth of Massachusetts or a municipality of said states or commonwealth or a multijurisdictional task force of which a public agency of this state is a participating member, provided (i) such requesting law enforcement agency or task force provides a written declaration affirming that any data received will be used in compliance with the prohibitions set forth in this section, and will not be used for an immigration investigation or enforcement action or to investigate or prosecute any individual who has sought, received or provided reproductive health care services or gender- affirming health care services that are permitted under the laws of this state and will not be further disclosed except as permitted under the laws of this state, and (ii) in the case of a multijurisdictional task force, such specific data requested is approved by the head of such task force or such head's designee and is directly and reasonably relevant to a specific investigation of such task force, (C) any other law enforcement agency other than those of this state or described in subparagraph (B) of this subdivision, including any federal law enforcement agency, if such requesting law enforcement agency has a judicially issued probable cause warrant for the specific data requested, or is requesting specific Public Act No.

39926-14 OLR32 Billof Analysis42 sSBSubstitute 397Senate ANBill ACTNo. CONCERNING DEMOCRACY AND GOVERNMENT ACCOUNTABILITY.

TABLE397 OFdata CONTENTS:on an individual identified as a possible match in the Federal Terrorist Screening Database, or (D) an individual requesting data regarding a motor vehicle registered in such individual's name, provided if a motor vehicle has more than one owner, lessor or regular user, all such owners, lessors and regular users join in the request and are natural persons;

SUMMARY(7) §§Participate 1in &a 2system —or ACTIONSnetwork FORthat CIVILshares RIGHTSautomated VIOLATIONSlicense Createsplate anreader individualdata, causeor ofprovide action,to, includingor againstaccess such data through any multistate, intrastate or national data-sharing system or network unless such system or network requires, as a federalcondition of participation in or stateaccess officerto such system or employee,network, forexecution allegedof civila rightswritten violations;declaration by each participant affirming that:

expands(A) theAny attorneydata general’sshared, authorityaccessed toor bringotherwise actionsacquired basedwill onbe allegedused civilsolely rightsin violationscompliance §§with 3this &section 4and —other USElaws OF FORCE INVESTIGATIONS Expands the circumstances under which there is an investigation of athis peacestate; officer’s use of physical force that results in the person’s death or the death of a person in a peace officer’s custody, by also requiring an investigation under these circumstances when the officer is any federal law enforcement officer;

requiresand that(B) thesuch investigatorsparticipant havewill unrestrictednot accessshare toor theuse scenesuch anddata, toexcept collect evidence in thiscompliance use of force investigation § 5 — PROHIBITED FACIAL COVERINGS Prohibits, subject to several exceptions, peace officers from wearing a facial covering or personal disguise when interacting with the publicprovisions andof performingthis lawsection; enforcement duties;

makesand a(8) violationPermit a classpublic Dagency misdemeanorto §have 5real-time, —bulk BADGEor ANDautomatic NAMEaccess TAG IDENTIFICATION Generally requires peace officers to beautomated clearlylicense identifiedplate byreader theirdata, badgeunless andsuch namedata tagis whenin enforcingresponse lawsto and makes a violationdocumented, acase-specific classrequest Dand misdemeanorthe §sharing 6of —such ARMEDdata MILITARYis FORCESnot ENTERINGotherwise CONNECTICUTprohibited Generallyunder prohibitsthis armedsubsection. miliary forces from other states,territories, or districts from coming to Connecticut for military duty sSB397 / File No.

399(e) 24(1) sSB397Automated Filelicense No.plate reader data is confidential and shall not be deemed a public record for the purposes of the Freedom of Information Act, as defined in section 1-200 of the general statutes.

399(2) §The 7following —are TAKINGnot INTOconfidential CUSTODYand INare STATEdeemed ORpublic MUNICIPALrecords FACILITIESforthepurposesoftheFreedomofInformationAct,asdefinedinsection OR1-200 PROTECTED AREAS Prohibits peace officers taking someone into custody on the basis of a civil offense in a state or municipal facility or certain other locations such as schools, hospitals, and houses of worship (“protected areas”) without a judicial warrant for the persongeneral §statutes: 8 — POST COMPARATIVE CERTIFICATIONS Codifies POST regulations on getting a comparative certification to work as a police officer in Connecticut § 9 — OFFICER INTERFERENCE WITH PHOTO OR VIDEO TAKING Makes federal law enforcement agencies liable when their officers interfere with someone taking a photo, digital still, or video of them or another officer performing their duties;

makes(A)Locationsofanystillorvideoimagerecordingdeviceusedaspart anof immunity defense unavailable in a civil liability action for an intentionalautomated tortlicense committedplate whilereader interferingsystem, withexcept thesuch takingdata ofis theconfidential photo,and digitalnot still,deemed orpublic videorecords §if 10 — PROSECUTORIAL IMMUNITY FOR FEDERAL ACTIONS Limits the circumstancespurchase under which a federal officer, employee, or agent has immunity when prosecuted for an offense based on an action taken under color of law § 11 — POLICE OFFICER HIRING PROHIBITION Extends to all peace officers the currentstill prohibition on hiring police officers who (1) were dismissed for malfeasance or seriousPublic misconductAct orNo. (2) resigned or retired during an investigation for this conduct BACKGROUND SUMMARY This bill makes various changes to laws related to civil rights and law enforcement activity, as shown in the section-by-section analysis below.

It26-14 also33 makesof technical42 andSubstitute conformingSenate changes.Bill No.

EFFECTIVE397 DATE:video image recording device was funded in whole or in part by the United States Department of Homeland Security and such funding was conditioned on the location of such device not being disclosed;

Uponand passage(B) §§Any 1data &derived 2from —any ACTIONSaudit FORof CIVILan RIGHTSautomated VIOLATIONSlicense Createsplate anreader individualsystem, causeusage oflogs action,for includingsuch againstsystem aand federallogs ordetailing stateaccess officerto orautomated employee,license forplate allegedreader civildata, rightsprovided violations;any such data disclosable under this subsection has all automated license plate reader data redacted from otherwise disclosable data.

expands(3) theAny attorneyperson general’swho authorityseeks to bringobtain actionsautomated basedlicense onplate allegedreader civildata rightsconcerning violationsa Individualmotor Causevehicle that was registered in such person's name at the time of Actionthe sSB397creation /of Filesuch No.data may obtain such data from the contracting public agency, provided if such motor vehicle is also registered in another person's name, such person also consents to such disclosure.

399(f) 25Not sSB397later Filethan No.January 1, 2027, a public agency, other than a law enforcement agency, that operates an automated license plate reader system or uses automated license plate reader data shall adopt and publicize a written automated license plate reader system usage and privacy policy prior to using or acquiring an automated license plate reader system or automated license plate reader data.

399Such Scopepolicy shall comply with all applicable provisions of Action.this section and include safeguards and standards substantially equivalent to those required under the model policy adopted under section 14 of this act.

The(g) billOn createsand aafter causethe ofeffective actiondate (inof courtthis orsection, anotherno properpublic proceeding)agency againstshall anenter individualinto or entity,renew includingany contract with a federalprivate orvendor staterelated officerto automated license plate reader system usage or employee,automated license plate reader data, unless such contract provides that deprivesthe orprivate causesvendor ashall Connecticutnot citizenengage orin someoneany withinof the state’sfollowing jurisdictionactivities with respect to beany deprivedautomated license plate reader data collected in this state, notwithstanding any terms of aservice, U.S.including, but not limited to, Public Act No.

Constitutionally-protected26-14 right,34 privilege,of or42 immunity.Substitute Senate Bill No.

This397 canterms occuror byconditions takingof actionsuse, underuse coloragreements ofor Unitedpolicies States or Connecticutprocedures statute,maintained regulation,by ordinance,a custom,private vendor, that are incorporated by reference or usage.otherwise into the contract:

The(1) billSell statessuch thatautomated itlicense isplate thereader legislature’sdata; intent that courts, when considering this action, must be guided by other courts’ interpretations of the law that allows individuals to sue state or local government officials for federal constitutional rights violations (42 U.S.C.

§(2) 1983).Share or transfer such automated license plate reader data with or to any third party, without receiving the prior express written authorization of the contracting public agency for the sharing or transferring of such data for a specific purpose;

Defenses.(3) Allow any personother thanthe contracting agency to access such automated license plate reader data, unless the private vendor is required to allow such person to access such automated license plate reader data pursuant to a warrant or court order issued by a judge or magistrate on behalf of the state or federal judicial branches.

TheAs billused (1) allows the defendant in athis civilsubdivision, action"warrant to raise any applicable immunities, including sovereign immunity, given by state or federalcourt laworder" andexcludes (2)any immunizessubpoena federal officers and employees to the same extent the law does for equivalent state officers or employeesdemand (such as personal immunity from civil liability for damage caused when discharging duties or within the scope of employmenta unlessgrand anjury actioninvestigation; was wanton, reckless, or malicious).

Damages.(4) Share or transfer such automated license plate reader data, or allow access to such automated license plate reader data, if the private vendor reasonably believes that such automated license plate reader data may be used for purposes of (A) investigating any suspected immigration violation or otherwise assisting in any immigration enforcement activity, (B) investigating any suspected, or prosecuting any alleged person or persons for, (i) seeking, providing or receiving reproductive health care services or gender-affirming health care services that are permitted under the laws of this state, or (ii) assisting another individual who is seeking, providing or receiving reproductive health care services or gender-affirming health care services that are permitted under the laws of this state, including, but not limited to, providing information, transportation, lodging or material support to such other individual, or (C) any effort to identify, or impose any civil or criminal liability on, any person based solely on such person's Public Act No.

The26-14 bill35 allowsof the42 courtSubstitute toSenate awardBill damages,No. including nominal, actual, compensatory, or punitive damages, injunctive relief, or other equitable relief.

It397 specifiesparticipation in any activity that is protected by the purposeUnited States Constitution or the Constitution of the damagestate awardof isConnecticut, toincluding, protectbut peaceablenot limited to, any exercise of such person's right to freedom of speech, to peaceably assemble or enjoymentto petition the government for a redress of rightsgrievances, givenexcept as otherwise provided by theapplicable U.S.state or federal law;

Constitution.or (5) Hold or store the contracting public agency's automated license plate reader data (A) with the automated license plate reader data held or stored pursuant to a contract with a different public agency concerning automated license plate reader data or any such data held or stored pursuant to a contract with any other person concerning such data, or (B) in a manner that is not in accordance with industry- recognized data security practices, including, but not limited to, using encryption when transmitting or storing such data.

The(h) billOn requiresand after the courteffective date of this section, no public agency shall enter into or renew any contract with a private vendor related to awardautomated license plate reader system usage or automated license plate reader data, unless such contract provides that the plaintiffprivate reasonablevendor attorney’sconsents feesto andpersonal costsjurisdiction in amountsthis atstate itsin discretion.the event of any legal proceeding and contains a choice of law provision that states that Connecticut state law shall be the controlling law for the contract.

(i) The Attorney General Authoritymay bring an action against any private vendor with which a public agency contracts, if that private vendor is engaged in any conduct identified in subdivisions (1) to Bring(5), aninclusive, Actionof Practice,subsection Pattern(g) of Conduct,this Policy.section or subsection (h) of this section with respect to any automated license plate reader data collected in this state.

ExistingIn lawany givesaction theinstituted stateunder attorneythis generalsubsection, the authoritycourt tomay investigate,grant interveneappropriate in,relief, andincluding, bringbut civilnot orlimited administrativeto, actionsinjunctive onor behalfdeclaratory ofrelief, thedamages stateand whenany thereother isrelief athat practicemay orbe patternavailable ofunder conductlaw. that:

1.If the Attorney General prevails in an action brought pursuant to this section, the court shall order the distribution of any Public Act No.

deprives26-14 persons36 of any42 rights,Substitute privileges,Senate orBill immunities secured sSB397 / File No.

399397 26awardofdamagesto sSB397any Fileinjuredperson.The No.court may also awardcivil penalties against each defendant in an amount not exceeding two thousand five hundred dollars for each violation.

399Any bycivil penalty that is received pursuant to this subsection shall be deposited in the U.S.General Fund.

(j) On and after October 1, 2026, a public agency may be subject to an action by any aggrieved individual for injunctive or Connecticutdeclaratory constitutionsrelief, including a determination of past violations, if an officer, employee or lawsother individual otherwise paid by or 2.acting as an agent of such agency violates any provision of subsection (b), (d) or (e) of this section.

interferesIf bythe threats,alleged intimidation,violation orthat coercion,forms the basis of an action under this subsection is committed by a private vendor with anotherwhich persons’a exercisepublic agency contracts, or enjoymentif that private vendor is engaged in any conduct identified in subdivisions (1) to (5), inclusive, of subsection (g) of this section with respect to any rights,automated privileges,license orplate immunitiesreader secureddata bycollected in this state, the U.S.private vendor shall be liable for such violation, rather than the public agency.

orSuch Connecticutaction constitutionsmay orbe laws.brought in the superior court for the judicial district in which the aggrieved individual resides.

TheIf billan broadensaggrieved theindividual attorneyprevails general’sand authorityan toorder takeof theseinjunctive actionsrelief onis behalfissued, ofsuch theaggrieved stateindividual bymay alsobe allowingentitled him to dorecover socourt whencosts anyand onereasonable hasattorney's establishedfees aassociated policyonly thatwith deprivesan action or interferesthat withportion anotherof person’san civilaction rightsconcerning ina therequest waysand describedorder above.for injunctive relief.

ActionsAn Underaction Colorunder ofthis Lawsubsection orshall Custom.be privileged with respect to assignment for trial.

The(k) billAny alsolaw expandsenforcement theofficer attorneywho general’sis authorityfound to investigate,have interveneknowingly in,accessed, orusedordisseminatedautomatedlicenseplatereaderdatawith bringmalicious anintent actionfor bypurposes allowingoutside himof tothe doprovisions soof whenthis someonesection actsshall underbe thesubject appearanceto ofdisciplinary authorityaction fromincluding, abut Unitednot Stateslimited to, suspension, cancellation or Connecticutrevocation statute,of regulation,certification ordinance,by custom,the orPolice usageOfficer (“colorStandards and Training Council pursuant to section 7-294d of law”)the ingeneral astatutes, wayas that:amended by this act.

1.Public Act No.

deprives26-14 another37 person of any42 rights,Substitute privileges,Senate orBill immunitiesNo. secured by the U.S.

or397 Connecticut(l) constitutionsIf a law enforcement agency of this state suspects that a law enforcement agency of another state or 2.a federal law enforcement agency may have used any automated license plate reader data shared with such agency in any manner prohibited by this section, such law enforcement agency ofthisstate shallnotify thePolice Officer Standards and Training Council of such suspected prohibited use.

interferesThe Police Officer Standards and Training Council shall determine whether automated license plate reader data was used in a prohibited manner by physicalthe obstruction,law threats,enforcement intimidation,agency of another state or coercion,federal withlaw anotherenforcement person’sagency, exerciseas applicable, and, if so determined, direct each law enforcement agency in this state to discontinue sharing such data or enjoymentproviding ofaccess anyto rights,such privileges,data with or immunitiesto securedsuch byother thelaw U.S.enforcement agency.

orSec. Connecticut constitutions.

Court14. Process.

For(NEW) the(Effective bill’sfrom newpassage) actions(a) basedNot onlater actsthan doneDecember under1, 2026, the appearancePolice ofOfficer authority,Standards theand attorneyTraining generalCouncil mayshall bringadopt thea actionmodel inpolicy thegoverning Superiorlaw Courtenforcement foragency theacquisition judicialand districtuse whereof theautomated violationlicense orplate allegedreader violationsystems occurred.and automated license plate reader data.

TheSuch billpolicy requiresshall thedirect courtagencies to haveact ain hearingaccordance onwith thesection complaint13 withinof fivethis daysact, afterincluding itspermissible filing,and prohibited uses of such system and theany attorneyautomated generallicense toplate notifyreader thedata, interestedwhether partiescollected ofby itssuch timesystem andor location.acquired otherwise.

TheIn courtaddition mayto orderdetailing declaratorysuch reliefpermissible (aand statementprohibited uses of rights)such system or adata, temporarysuch injunctionpolicy onceshall, theat complainta isminimum: filed.

After(1) Develop standards for the hearing,use itof a hotlist, including the sources from which a hotlist may order,be amend,compiled, orsupervisory continueapproval requirements for use and management of, access to and validation procedures for the reliefdata on any hotlist, including time limitationsfor theinclusionofsuchdataona hotlist,(2)providefor data retention limits in accordance with subdivision (2) of subsection (b) of section 13 of this act, (3) establish data access and sharing requirements in accordance with subsection (d) of section 13 of this act, including internal access controls and supervisory review and conditions under which such data may be shared with other public agencies or injunction.law Public Act No.

§§26-14 338 &of 442 —Substitute USESenate OFBill FORCE INVESTIGATIONS sSB397 / File No.

399397 27enforcement sSB397agencies, File(4) No.provide for a supervisory responsibility and accountability structure, including designation of an officer or unit responsible for oversight of automated license plate reader system use and compliance with any policy adopted in accordance with the provisions of this section, (5) establish training requirements, including initial and periodic training for any officer or employee authorized to access the system or data, (6) establish audit and logging requirements, including the creation and retention of access logs sufficient to ensure compliance and facilitate independent review, of which the logs shall include documentation of access to and retention of automated license plate reader data pursuant to subdivision (2) of subsection (b) of section of this act, including, but not limited to, (A) the number of times such data is retained, and (B) the duration of such retention, and require that such audits be conducted not less than quarterly, (7) establish public transparency standards and requirements, including publication of agency-specific usage policies for an automated license plate reader system and annual statistical reports detailing such usage, (8) establish the distance described in subdivision (5) of subsection (d) of section 13 of this act, and (9) contain provisions concerning compliance with subsection (g) of section 13 of this act concerning contracting with private vendors for services associated with access to an automated license plate reader system or storage of, processing of, transmission of or access to automated license plate reader data.

399(b) ExpandsNot thelater circumstancesthan underJanuary which1, there2027, iseach anlaw investigationenforcement ofagency ashall peaceadopt officer’sand useimplement of physical force that results in the person’spolicy deathdeveloped orpursuant theto deathsubsection (a) of athis personsection, inor a peacepolicy officer’sthat custody,provides bygreater alsoprivacy requiringprotections anthan investigationthat underwhich theseare circumstancesin when the officerpolicy isdeveloped anypursuant federalto lawsaid enforcementsubsection officer;(a).

requiresSuch thatpolicy theshall investigatorsbe havein unrestrictedeffect accessuntil toregulations theare sceneadopted andpursuant to collect evidence in this usesection, ofat forcewhich investigationpoint Bysuch law,policy theshall Divisionbe ofsupplanted Criminalby Justiceany (DCJ)such mustregulation. investigate whenever a peace officer, while performing his or her duties, uses physical force on someone that causes that person’s death or uses deadly force (a type of physical force) on another person.

The(c)(1)Not inspectorlater generalthanJanuary is1,2028,theCommissioner responsibleofEmergency forPublic determiningAct ifNo. the use of force was justifiable.

Similarly,26-14 thelawrequirestheinspector39 generalto investigate any death that happened while the person was in the custody of peace42 officersSubstitute orSenate lawBill enforcementNo. agencies to determine if physical force was used on the person and if it was justifiable.

The397 lawServices requiresand Public Protection shall, in consultation with the inspectorPolice Officer Standards and Training Council, adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to prosecuteenact casesa involvingpolicy unjustifiablethat, useat a minimum, satisfies the provisions of forcesubdivisions by(1) peaceto officers.(9), inclusive, of subsection (a) of this section and section 13 of this act.

Broadened(2) AuthorityNot tolater Includethan FederalJanuary Officers1, The2033, billand expandsat least once during each five- year period thereafter, the abovecommissioner investigatoryshall, in consultation with the Police Officer Standards and prosecutorialTraining authorityCouncil, byadopt applyingregulations itin toaccordance with the actionsprovisions of anychapter federal54 lawof enforcementthe officer.general statutes.

ItSuchregulationsshall(A)complywiththeprovisionsofthissectionand doessection 13 of this byact includingand ashall broadernot definitionreduce ofor “peacelimit officer”the withinprotections thisaffordedby investigatorysaidsectionsor statuteany thanminimumstandardsestablishedby whatsaid currentlysections, appliesand (seeBackground(B) —be Peacebased Officer).on a consideration of any changes in law, technology andbest practicessince the previousadoptionofregulations pursuant to this section.

Under(3) currentAny law,regulation thisadopted investigatorypursuant authorityto overthis federalsection officersshall isbe limitedbinding toupon marshalsall andlaw deputyenforcement marshalsagencies. and narcotics agents.

TheSec. bill instead applies it to “federal law enforcement officers,” as defined under two federal laws.

Specifically,15. they include any:

1.(NEW) (Effective from passage) (a) Not later than January 1, 2027, the Police Officer Standards and Training Council, in consultation with the Commissioner of Emergency Services and Public Protection and the Institute for Municipal and Regional Policy at The University of Connecticut, shall develop and promulgate a standardized form for reporting automated license plate reader system usage, including, but not limited to, (1) the number of (A) license plates scanned, (B) searches performed by the law enforcement agency as a result of automated license plate reader system use and the reason for any such search, (C) times automated license plate reader data was shared with or accessed by another entity, the identity of each of thoseentities and the reasonfor sharing the data, (D) times automated license plate reader data was shared or accessed pursuant to a judicial warrant, (E) instances, if any, Public Act No.

officer,26-14 agent,40 orof employee42 whoSubstitute theSenate lawBill orNo. a government agency authorizes to prevent, detect, investigate, or prosecute a federal crime (or supervise these actions) (18 U.S.C.

§397 115(c)(1))when data was retained longer than permissible pursuant to subdivision (2) of subsection (b) of section 13 of this act, (F) instances, if any, when data was requested to be collected at locations described in subdivision (5) of subsection (d) of section 13 of this act, and (G) times that data is accessed or 2.requested on or after the fourteenth day after such data is collected, and (2) any changes to the law enforcement agency's data collection, retention or sharing policies that affect privacy of automated license plate reader data.

employee,(b) includingEach anlaw Amtrakenforcement oragency Federalshall, Reservenot later than January thirty- first following a calendar year during which the law enforcement officer,agency authorizedused byan lawautomated license plate reader system pursuant to makesubsection arrests(b) orof apprehensionssection and13 byof thethis employingact, agencysubmit a report detailing such usage to carrythe firearms,Institute whofor mainlyMunicipal (a)and prevents,Regional detects,Policy investigates,at prosecutes,The orUniversity assistsof inConnecticut using the incarcerationstandardized ofform someonepromulgated whopursuant violatesto thesubsection law(a) (orof supervisesthis thesesection actions)and orpublish (b)such protectsreport governmenton officialsthe sSB397law /enforcement Fileagency's No.Internet web site.

399(c) 28Not sSB397later Filethan No.January thirty-first of each year, any public agency, other than a law enforcement agency, that uses an automated license plate reader system pursuant to subsection (b) of section 13 of this act, shall publish on the agency's Internet web site an annual report containing the information described in subsection (a) of this section as it pertains to such agency for the previous calendar year.

399(d) againstNot personallater than July 30, 2027, and annually thereafter, the Institute for Municipal and Regional Policy at The University of Connecticut shall compile, analyze and summarize the reports submitted pursuant to subsections (b) and (c) of this section and shall submit, in accordance with section 11-4a of the general statutes, a consolidated report regarding automated license plate reader system usage and any recommendations for legislation to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to public safety threatsand (34the U.S.C.judiciary.

§Public 50301(5)).Act No.

Correspondingly,26-14 the41 bill applies this broader definition of “peace42 officer”Substitute toSenate theBill existingNo. law that sets the standards for determining if use of physical force is justifiable.

Access397 toGovernor's EvidenceAction: As part of these use of force investigations, existing law requires the inspector generaltoask theappropriate lawenforcement agency forany help needed to investigate and determine use of force.

TheApproved billMay specifies4, that2026 (1)Public theAct DCJNo. and the inspector general must have unrestricted access to the scene and to collect evidence as part of these investigations and (2) this right to access applies even if the only peace officers involved in the incident were federal government employees.

The26-14 bill42 allowsof DCJ42 or the inspector general to seek injunctive relief in Superior Court against anyone who restricts their access to the scene and to collect evidence.

Under the bill, the court may order declaratory relief (a statement of rights) or a temporary injunction once the DCJ’s or inspector general’s complaint is filed.

The court must have a hearing on the complaint within five days after its filing, and the complainant (DCJ or the inspector general) must notify the interested parties of the hearing’s time and location.

The court may then order, amend, or continue any declaratory relief or temporary injunction.

Background — Peace Officer Current law designates the following people as peace officers for purposes of the state’s Penal Code and associated statutes:

state and local police, DCJ inspectors, state marshals exercising statutory powers, judicial marshals performing their duties, conservation or special conservation officers, constables who have criminal law enforcement duties, appointed special police officers, adult probation officers, Department of Correction officials authorized to make arrests in a correctional institution or facility, investigators in the State Treasurer’s Office, certified Department of Motor Vehicles inspectors, U.S.

marshals sSB397 / File No.

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399 and deputy marshals, U.S.

special agents authorized to enforce federal food and drug laws, and certified police officers of a law enforcement unit created and governed under a state-tribal memorandum (CGS § 53a-3(9)).

§ 5 — PROHIBITED FACIAL COVERINGS Prohibits, subject to several exceptions, peace officers from wearing a facial covering or personal disguise when interacting with the public and performing law enforcement duties;

makes a violation a class D misdemeanor Prohibited Wearing The bill prohibits, subject to several exceptions, peace officers engaged in law enforcement activities from wearing a facial covering or personaldisguisewheninteractingwiththepublicandperformingtheir duties.

Peace officers include federal law enforcement officers, as is the case for use of force investigations under the bill (see §§ 3 & 4 above).

A violation of the ban on the use of facial covering and personal disguise is a class D misdemeanor, punishable by a fine of up to $250, up to 30 days in prison, or both.

Additionally, an officer who intentionally assaults, batters, falsely imprisons or arrests, abuses process, or maliciously prosecutes someone (under state or federal law), while knowingly and willfully violating the ban, is unable to use a privilege or immunity defense against a civil liability claim about the officer’s actions.

Under the bill, a “facial covering” is an item that conceals or obscures an officer’s facial identity, such as opaque masks, garments, helmets, or headgear.

Specific examples include balaclavas, tactical masks, gators, and ski masks.

“Personal disguise” is undefined.

Exempted Coverings and Uses The bill allows peace officers to use a medical grade facial covering designed to protect their health and safety but specifies that this does not include protecting an officer’s identity.

It also allows them to use facial coverings designed to (1) prevent airborne disease transmission or (2) protect against smoke exposure during a fire.

Other exempt facial coverings are those:

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399 1.

needed for a water rescue operation, 2.

that protect against biological or chemical agent exposure during an incident where there may be an agent, 3.

that protect against freezing temperatures during an activity that does not require communicating orally with the public or someone that will be placed in custody, or 4.

needed for an active undercover operation or other assignment for which supervising personnel or a court order allow them to be worn.

The bill also allows officers working on a bomb squad, motorcycle unit, or specialized weapons and tactics team to use gear necessary to protect their face and head from physical harm.

§ 5 — BADGE AND NAME TAG IDENTIFICATION Generally requires peace officers to be clearly identified by their badge and name tag when enforcing laws and makes a violation a class D misdemeanor The bill generally requires peace officers (as the bill defines for purposes of use of force investigations, see §§ 3 & 4 above) to be clearly identified by their badge and name tag.

The badge and tag must be (1) on the officer’s uniform whenever the officer is enforcing any state or federal law and (2) worn following existing badge and name tag requirements for police officers.

By law, police officers must already affix and prominently display their badge and name tag on their uniform’s outermost garment, unless exempt under the Department of Emergency Services and Public Protection’s (DESPP’s) model policy on badges and name tags, such as for undercover assignments.

The bill similarly exempts a peace officer from the badge and name tag requirement when (1) the officer is working an active undercover assignment or (2) a court order or DESPP’s model policy excuses it.

A violation of the ban is a class D misdemeanor, which is punishable by a fine of up to $250, up to 30 days in prison, or both.

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399 § 6 — ARMED MILITARY FORCES ENTERING CONNECTICUT Generally prohibits armed miliary forces from other states, territories, or districts from coming to Connecticut for military duty The bill generally prohibits an armed military force from another state, territory, or district from entering Connecticut for military duty here.

To enter the state, the bill requires the military force to have (1) express written permission from this state’s governor or (2) been called into active service of the United States and to be acting under presidential authority.

§ 7 — TAKING INTO CUSTODY IN STATE OR MUNICIPAL FACILITIES OR PROTECTED AREAS Prohibits peace officers taking someone into custody on the basis of a civil offense in a state or municipal facility or certain other locations such as schools, hospitals, and houses of worship (“protected areas”) without a judicial warrant for the person The bill prohibits peace officers, from detaining, arresting, or taking someone into custody based on a civil offense in certain locations unless the officer (1) is acting in his or her official capacity and (2) has a judicial warrant for the person.

Officers subject to the prohibition are those covered by the bill’s expanded definition of “peace officer” for use of force investigations, which includes broader applicability to federal law enforcement (see §§ 3 & 4 above).

Underthebill,someoneaggrievedbyaviolationofthebanmaybring a civil action in Superior Court, and an action seeking damages is triable by jury.

The bill allows the court to award a plaintiff appropriate legal and equitable relief, such as a temporary or permanent injunction, punitive damages, and attorney’s fees and costs.

Prohibited Custody Locations State or Municipal Facilities.

State or municipal facilities are buildings owned, leased, occupied, controlled, or used for business by an executive department office or agency or municipal government and entities that provide direct services on their behalf.

This includes the groundsandgaragesorparkinglotsthatareusedaspartofthefacilities’ operation, regardless of whether they are contiguous (in contact with one another), but not state-owned property leased to a federal entity.

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399 Protected Areas.

The bill’s protection from being taken into custody incertainareasapplies to thefollowing buildingsor locations,including their grounds and garages or parking lots that are used as part of their operation, regardless of whether they are contiguous:

1.

schools, ranging from preschools to colleges or universities;

2.

medical or mental heath facilities, such as hospitals, doctors’ offices, vaccination or testing sites, or community health centers;

3.

places of worship or religious study, either in a structure dedicated to faith activities or a temporary facility or other location where the activities occur;

4.

social services establishments, such as crisis centers, shelters, supervised visitation or family justice centers, victim services centers, food banks or pantries, or substance counseling and treatment facilities;

5.

places for disaster or emergency response and relief, including supply distribution sites, to register for disaster-related assistance, or to be reunited with family;

6.

places where religious or civil ceremonies or observances occur, such as for funerals, graveside services, or weddings;

7.

places where children gather, such as playgrounds, recreation or child care centers, school bus stops, or group homes for children;

and 8.

places with ongoing parades, demonstrations, or rallies.

§ 8 — POST COMPARATIVE CERTIFICATIONS Codifies POST regulations on getting a comparative certification to work as a police officer in Connecticut The bill codifies Police Officer Standards and Training Council (POST) regulations on certifying candidates for police officer positions who served that role in another state or in a law enforcement unit in sSB397 / File No.

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399 Connecticut that is not subject to POST’s authority (a “comparative certification”).

Like existing regulations, the bill generally requires candidates for this certification to (1) satisfactorily meet POST’s entry level requirements and (2) complete a POST-approved basic training program.

The bill allows POST to waive the basic training program requirement or parts of it, but POST must specify which parts the candidate must complete.

However, beyond the regulations, the bill prohibits POST from waiving any part of the program for a candidate whose prior certification did not require completing a substantially equivalenttrainingoreducationprogram,includingatleast480training hours.

Under the bill and existing regulations, a waiver request must be made in writing by the (1) chief of police of the law enforcement unit seeking to hire the officer or (2) hiring candidate’s appointing authority if there is no chief of police or it involves hiring a chief.

POST must evaluate a waiver request by comparing to current standards the quality and extent of (1) previous police officer basic training and certification;

(2) formal, professional, and in-service training and education in law enforcement and criminal justice;

(3) length of service and field experience;

and (4) length of absence from employment with a law enforcement unit.

The waivable parts of the training are those for which the candidate has (1) satisfactorily completed a substantially equivalent training or educational program, (2) sufficient field experience to have practical mastery of the required skills, or (3) a satisfactory combination of the two.

§ 9 — OFFICER INTERFERENCE WITH PHOTO OR VIDEO TAKING Makes federal law enforcement agencies liable when their officers interfere with someone taking a photo, digital still, or video of them or another officer performing their duties;

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399 makes an immunity defense unavailable in a civil liability action for an intentional tort committed while interfering with the taking of the photo, digital still, or video Current law makes a peace officer’s employer liable if the officer interferes with someone taking a photo or digital still or video image of the officer or another officer performing his or her duties, subject to several exceptions.

But it exempts federal government special agents and specified tribes’ law enforcement unit members.

The bill generally applies its expanded definition of peace officer for inspector general use of force investigations (see §§ 3 & 4 above) to this provision, making the liability apply to the employers of all federal law enforcement officers, but keeping the exemption for tribal law enforcement.

Existing law exempts an employer from liability under certain specified circumstances, including when the officer had reasonable grounds to believe that the interference was to lawfully enforce a state criminal law or municipal ordinance.

The bill, conforming with its liability expansion to federal agencies, broadens the exemption to include lawful enforcement of a federal criminal law.

Additionally, if a peace officer intentionally assaults, batters, falsely imprisons or arrests, abuses process, or maliciously prosecutes (either under state or federal law) someone while interfering with someone taking a photo, digital still, or video of him- or herself or another officer, the officer is unable to use a privilege or immunity defense against a civil tort liability claim about the actions.

§ 10 — PROSECUTORIAL IMMUNITY FOR FEDERAL ACTIONS Limits the circumstances under which a federal officer, employee, or agent has immunity when prosecuted for an offense based on an action taken under color of law The bill limits circumstances under whicha federalofficer, employee, or agent has immunity when prosecuted for an offense based on an action taken under color of law (the appearance of authority from federal law).

Specifically, the immunity applies when the action was authorized by federal law and was necessary and proper to execute official duties.

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399 § 11 — POLICE OFFICER HIRING PROHIBITION Extends to all peace officers the current prohibition on hiring police officers who (1) were dismissed for malfeasance or serious misconduct or (2) resigned or retired during an investigation for this conduct The bill broadens the prohibition on a law enforcement unit (generally state or local police) from hiring a police officer who was previously employed by the unit or in another jurisdiction and (1) was dismissed for malfeasance or serious misconduct calling into question their fitness to serve as an officer or (2) resigned or retired during an investigation for this conduct.

It does this by replacing the term “police officer” with “peace officer” and in doing so applies the hiring prohibition to hiring peace officers.

Under the bill, as is the case for the inspector general’s expanded investigative authority, peace officers include all federal law enforcement officers and other state employees like state or judicial marshals and certain correctional employees (see §§ 3 & 4 above).

Currently, the prohibition covers hiring sworn members of organized local police departments, appointed constables with criminal law enforcement duties, special policemen appointed for state property or utility or transportation companies or to investigate public assistance fraud, and any member of a law enforcement unit who performs police duties.

As under existing law, the hiring prohibition does not apply to an officer exonerated of all malfeasance or serious misconduct allegations.

For purposes of the law and the bill, (1) “malfeasance” has its common meaning (wrongdoing), and (2) “serious misconduct” is an officer’s improper or illegal actions connected with official duties that could cause a miscarriage of justice or discrimination, such as a felony conviction, evidence fabrication, repeated use of excessive force, bribe acceptance, or fraud.

BACKGROUND Related Bills sSB 91, favorably reported by the Judiciary Committee, also (1) gives sSB397 / File No.

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399 the inspector general the investigatory authority over physical force incidents involving federal law enforcement officers and (2) restricts taking people into custody based on a civil offense in state or municipal facilities and protected areas.

sSB 463, §§ 1 & 8, and sHB 5533, §§ 1 & 8, favorably reported by the Government Administration and Elections Committee, among other things, (1) generally prohibit state and federal officers and agents from searching, detaining, or arresting people within 250 feet of an election site and (2) expand the state attorney general’s authority to investigate and bring actions for certain violations of civil rights, under state or federal law or constitutions, to include when someone has a policy that violates them.

HB 5428, favorably reported by the Judiciary Committee, among other things, limits the inspector general’s investigations of in custody deaths to those that occur in a peace officer’s or law enforcement agency’s physical custody.

COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 30 Nay 11 (03/23/2026) sSB397 / File No.

399 37