Connecticut Seal

General Assembly

 

Raised Bill No. 364

February Session, 2012

 

LCO No. 1993

 

*01993_______JUD*

Referred to Committee on Judiciary

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING TRAFFIC STOP INFORMATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-1m of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Each municipal police department and the Department of Emergency Services and Public Protection shall adopt a written policy that prohibits the stopping, detention or search of any person when such action is solely motivated by considerations of race, color, ethnicity, age, gender or sexual orientation, and the action would constitute a violation of the civil rights of the person.

(b) Not later than January 1, 2013, the Office of Policy and Management and the Criminal Justice Information System Governing Board shall, within available resources, develop and promulgate:

(1) A standardized form, in both printed and electronic format, to be used by police officers of municipal police departments and the Department of Emergency Services and Public Protection to record traffic stop information. The form shall allow the following information to be recorded: (A) Date and time of stop; (B) location of the stop; (C) name and badge number of the police officer making the stop; (D) 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) nature of the alleged traffic violation or other violation that caused the stop to be made and the statutory citation for such violation; (F) the disposition of the stop including whether a warning, citation or summons was issued, whether a search was conducted and whether a custodial arrest was made; and (G) any other information deemed appropriate. The form shall also include a notice that if the person stopped believes they have been stopped, detained or searched solely because of their race, color, ethnicity, age, gender or sexual orientation, they may file a complaint with the appropriate law enforcement agency, and instructions on how to file such complaint;

(2) A standardized form, in both printed and electronic format, to be used to report complaints pursuant to this section by persons who believe they have been subjected to a motor vehicle stop by a police officer solely on the basis of their race, color, ethnicity, age, gender or sexual orientation;

(3) A standardized form, in both printed and electronic format, to be used by each municipal police department and the Department of Emergency Services and Public Protection to report data to the Office of Policy and Management and the Criminal Justice Information System Governing Board pursuant to subsection (h) of this section; and

(4) Guidelines to be used by each municipal police department and the Department of Emergency Services and Public Protection in training officers of that agency in the completion of the form promulgated pursuant to subdivision (1) of this subsection and in evaluating the information collected by officers of that agency pursuant to subsection (c) of this section for use in the counseling and training of such officers.

(c) On and after January 1, 2013, whenever a police officer makes a traffic stop of a motor vehicle, such officer shall, if a form has been promulgated pursuant to subdivision (1) of subsection (b) of this section, complete such form and provide a copy of the completed form to the operator of the motor vehicle.

[(b) Each] (d) On and after January 1, 2013, each municipal police department and the Department of Emergency Services and Public Protection shall, [using the form developed and promulgated pursuant to subsection (h)] if a form has been promulgated pursuant to subdivision (1) of subsection (b) of this section, record and retain the [following information: (1) The number of persons stopped for traffic violations; (2) characteristics of race, color, ethnicity, gender and age of such persons, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped; (3) the nature of the alleged traffic violation that resulted in the stop; (4) whether a warning or citation was issued, an arrest made or a search conducted as a result of the stop; and (5)] information contained in the forms completed by police officers of that agency in accordance with subsection (c) of this section and any additional information that such municipal police department or the Department of Emergency Services and Public Protection, as the case may be, deems appropriate, provided such information does 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.

[(c)] (e) Each municipal police department and the Department of Emergency Services and Public Protection shall provide to the [Chief State's Attorney and the African-American Affairs Commission] Office of Policy and Management and the Criminal Justice Information System Governing Board (1) a copy of each complaint received pursuant to this section, and (2) written notification of the review and disposition of such complaint. No such complaint shall contain any other identifying information about the complainant such as his or her operator's license number, name or address.

[(d)] (f) Any police officer who in good faith records traffic stop information pursuant to the requirements of this section shall not be held civilly liable for the act of recording such information unless the officer's conduct was unreasonable or reckless.

[(e)] (g) If a municipal police department or the Department of Emergency Services and Public Protection fails to comply with the provisions of this section, the [Chief State's Attorney] Office of Policy and Management and the Criminal Justice Information System Governing Board may recommend and the Secretary of the Office of Policy and Management may order an appropriate penalty in the form of the withholding of state funds from such department or the Department of Emergency Services and Public Protection.

[(f) On or before October 1, 2000] (h) Not later than October 1, 2013, and annually thereafter, each municipal police department and the Department of Emergency Services and Public Protection shall, if a form has been promulgated pursuant to subdivision (3) of subsection (b) of this section, use such form to provide to the [Chief State's Attorney and the African-American Affairs Commission, in such form as the Chief State's Attorney shall prescribe,] Office of Policy and Management and the Criminal Justice Information System Governing Board a summary report of the information recorded pursuant to subsection [(b)] (d) of this section.

[(g) The African-American Affairs Commission] (i) The Office of Policy and Management and the Criminal Justice Information System Governing Board shall, within available resources, review the prevalence and disposition of traffic stops and complaints reported pursuant to this section. Not later than January 1, [2004] 2014, and annually thereafter, the [African-American Affairs Commission] office and board shall report the results of any such review, including any recommendations, to the Governor, the General Assembly and [to] any other entity [said commission deems] deemed appropriate. [the results of such review, including any recommendations.]

[(h) The Chief State's Attorney, in conjunction with the Commissioner of Emergency Services and Public Protection, the Attorney General, the Chief Court Administrator, the Police Officer Standards and Training Council, the Connecticut Police Chiefs Association and the Connecticut Coalition of Police and Correctional Officers, shall develop and promulgate: (1) A form, in both printed and electronic format, to be used by police officers when making a traffic stop to record the race, color, ethnicity, gender and age of the operator of the motor vehicle that is stopped, the location of the stop, the reason for the stop and other information that is required to be recorded pursuant to subsection (b) of this section; and (2) a form, in both printed and electronic format, to be used to report complaints pursuant to this section by persons who believe they have been subjected to a motor vehicle stop by a police officer solely on the basis of their race, color, ethnicity, age, gender or sexual orientation.]

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2012

54-1m

Statement of Purpose:

To enhance compliance with data collection and reporting required under the Alvin W. Penn Racial Profiling Prohibition Act.

[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.]