HB 7258 — AN ACT CONCERNING THE ALVIN W. PENN RACIAL PROFILING PROHIBITION ACT.

General Assembly   RaisedSubstitute Bill No.

7258 January Session, 2017   LCO*_____HB07258JUD___040617____* No.AN ACT CONCERNING THE ALVIN W.

5106   *05106_______JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT CONCERNING THE ALVIN W.

(e) Any individual who believes that such individual has been subjected to a discriminatory practice, as defined in section 46a-51, as amended by this act, includingconsisting of racial profiling or ina violation of the standardized method implemented pursuant to section 54-1m, as amended by this act, may file a complaint with the Commission on Human Rights and Opportunities pursuant to section 46a-82.

Section 54-1m of the general statutes is repealed and the following is substituted in lieu thereof (Effective JulyOctober 1, 2017):

(b) Not later than July 1, [2013]2013, 2018, the Office of Policy and Management, in consultation with the Racial Profiling Prohibition Project Advisory Board established in section 54-1s, and the Criminal Justice Information System Governing Board shall, within available resources, develop and implement a standardized method:

(1) To be used by police officers of municipal police departments, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop to electronically record traffic stop information unless the police officer is required to leave the location of the stop prior to completing [such]such an electronic form in order to respond to an emergency or due to some other exigent circumstance within the scope of such police officer's duties.

(A) The standardized method and any electronic form developed and implemented pursuant to such standardized method shall allow the following information to be recorded:

[(A)](A) (i) The date and time of [the]the eachstop; stop, including any stop for which no warning, citation or summons was issued or no custodial arrest was made;

[(B)](B) (ii) the specific geographic location of the stop;

[(C)](C) (iii) the unique identifying number of the police officer making the stop, or the name and title of the person making the stop if such person does not have a unique identifying number;

[(D)](D) (iv) the race, color, ethnicity, age and gender of the operator of the motor vehicle that is stopped, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop;

[(E)](E) (v) the nature of the alleged traffic violation or other violation that caused the stop to be made and the statutory citation for such violation;

[(F)](F) (vi) the disposition of the stop including whether a warning, citation or summons was issued, whether a search was conducted, the authority for any search conducted, the result of any search conducted, the statute or regulation citation for any warning, citation or summons issued and whether a custodial arrest was made;

and [(G)](G) (vii) any other information deemed appropriate.

(B) The method shall also provide for the(i) printingnotice of a receipt to be given to the person stopped that shall include the traffic stop information recorded pursuant to this subdivision, and, in English and Spanish, (i) a notice [to be given to the person stopped] providing that if such person believes that such person has been stopped, detained or subjected to a search solely because of race, color, ethnicity, age, gender, sexual orientation, religion or membership in any other protected class, such person may file a complaint with the appropriate law enforcement agency,agency [unlessunless the police officer was required to leave the location of the stop prior to providing such notice in order to respond to an emergency or due to some other exigent circumstance within the scope of such police officer's duties,]duties, and (ii) instructions [toto be given to the person stopped]stopped on how to file such complaint,complaint unless the police officer was required to leave the location of the stop prior to providing such [instructions]instructions printed receipt in order to respond to an emergency or due to some other exigent circumstance within the scope of such police officer's duties;

(2) To be used to report complaints pursuant to this section by any person who believes such person has been subjected to a motor vehicle stop by a police officer solely on[on the basisbasis] because of race, color, ethnicity, age, gender, sexual orientationorientation, [or] religion or religion;membership in any other protected class;

(c) Not later than July 1, [2013]2013, 2018, the Office of Policy and Management, in consultation with the Racial Profiling Prohibition Project Advisory Board, shall develop and implement guidelines to be used by each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop in (1) training police officers of such agency in the completion of the electronic form developed and implemented pursuant to subdivision (1) of subsection (b) of this section, and (2) evaluating the information collected by police officers of such municipal police department, the Department of Emergency Services and Public Protection or other department with authority to conduct a traffic stop pursuant to subsection (e) of this section for use in the counseling and training of such police officers.

(d) (1) Prior to the date a standardized method and electronic form have been developed and implemented pursuant to subdivision (1) of subsection (b) of this section, each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop shallshall, [,using using] use the form developed and promulgated pursuant to the provisions of subdivision (1) of subsection [(h)](h) (b) of this section in effect on [JanuaryJanuary 1, 2012, record and retain the following information:

and (E)](E) June 30, 2017, and include any additional information that such municipal police department, the Department of Emergency Services and Public Protection or any other department with authority to conduct a traffic stop, as the case may be, deems appropriate, provided such information shall not include any other identifying information about any person stopped for a traffic violation such as the person's operator's license number, name or address.

(2) On and after the date a standardized method and electronic form have been developed and implemented pursuant to subdivision (1) of subsection (b) of this section, each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop shall record and retain the information required to be recorded pursuant to such standardized method and any additional information that such municipal police department or the Department of Emergency Services and Public Protection or other department with authority to conduct a traffic stop, as the case may be, deems appropriate, provided such information shall not include any other identifying information about any person stopped for a traffic violation such as the person's operator's license number, name or address.

(j) Not later than October 1,15, 2017, the Office of Policy and Management shall provide to the Commissioner of Motor Vehicles a copy of the notice and instructions provided pursuant to subparagraph (B) of subdivision (1) of subsection (b) of this section,section concerning how to file a complaint if a person believes that he or she was stopped, detained or subjected to a search solely because of race, color, ethnicity, age, gender, sexual orientation, religion or membership in any other protected class, for inclusion by said commissioner in any notification mailed pursuant to subsection (d) of section 14-41, as amended by this act.

Any such notification shall include a copy of the notice and instructions described in subparagraph (B) of subdivision (1) of subsection (b) of section 54-1m, as amended by this act.act, concerning how to file a complaint if a person believes that he or she was stopped, detained or subjected to a search solely because of race, color, ethnicity, age, gender, sexual orientation, religion or membership in any other protected class.

(8) "Discriminatory practice" means a violation of section 4a-60, 4a-60a, 4a-60g, 31-40y, 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80, [or][or sectionssections] 46a-81b to 46a-81o, inclusive, or section 54-1l, as amended by this act, or of the standardized method implemented pursuant to section 54-1m, as amended by this act;

Sec.

5.

(Effective July 1, 2016) Not later than June 30, 2018, each municipal police department, the Department of Emergency Services and Public Protection and any other department with authority to conduct a traffic stop may submit an application to the Office of Policy and Management, in a manner determined by the secretary of said office, for reimbursement of the costs associated with equipping any police officer's vehicle with an electronic device for the purposes of completing the electronic form pursuant to subdivision (1) of subsection (b) of section 54-1m of the general statutes, as amended by this act, and printing the receipt described in subparagraph (B) of said subdivision.

The Office of Policy and Management shall reimburse the applicant for any such costs that said office deems reasonable.

2 JulyOctober 1, 2017 54-1m Sec.

4 October 1, 2017 46a-51(8) Sec.JUD Joint Favorable Subst.

5 July 1, 2016 New section Statement of Purpose:

To amend the Alvin W.

Penn Racial Profile Prohibition Act to provide that:

(1) Violation of the act is a discriminatory practice, (2) each traffic stop, including those that do not result in a citation, results in an electronic record on an electronic device in the police vehicle, (3) such electronic device print notice and information in English and Spanish to be given to each person stopped concerning how to file a claim under the act, and (4) a copy of such notice and information be provided as part of each motor vehicle operator's license renewal notification.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]