CHAPTER 959
COURT JURISDICTION AND POWER

Table of Contents

Sec. 54-1m. Adoption of policy prohibiting certain police actions. Data collection and reporting.
Sec. 54-1o. (Note: This section is effective January 1, 2014.) Electronic recording of custodial interrogations.
Sec. 54-1p. Eyewitness identification procedures.

PART I
ARREST AND ARRAIGNMENT

      Sec. 54-1m. Adoption of policy prohibiting certain police actions. Data collection and reporting. (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) Each municipal police department and the Department of Emergency Services and Public Protection shall, using the form developed and promulgated pursuant to subsection (h) 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) 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) 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 (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) 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) 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 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, and annually thereafter, 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, in such form as the Chief State's Attorney shall prescribe, a summary report of the information recorded pursuant to subsection (b) of this section.

      (g) The African-American Affairs Commission shall review the prevalence and disposition of traffic stops and complaints reported pursuant to this section. Not later than January 1, 2004, and annually thereafter, the African-American Affairs Commission shall report to the Governor, the General Assembly and to any other entity said commission deems 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.

      (P.A. 99-198, S. 2, 3; June Sp. Sess. P.A. 01-9, S. 128, 131; P.A. 03-160, S. 1; P.A. 04-27, S. 6; 04-257, S. 83; P.A. 11-51, S. 171.)

      History: (Revisor's note: A reference in Subsec. (f) to "the information recorded pursuant to subsection (d) ... " was changed editorially by the Revisors to "the information recorded pursuant to subsection (b) ... " for accuracy); June Sp. Sess. P.A. 01-9 amended Subsec. (h) to extend the effectiveness of Subsecs. (f) and (g) from January 1, 2002, to January 1, 2003, effective July 1, 2001; P.A. 03-160 amended Subsec. (b)(5) to provide that additional information does not include any other identifying information about any person stopped for a traffic violation such as his or her operator's license number, name or address, amended Subsec. (c) to require copy of the complaint and written notification of the review and disposition of such complaint to be provided to the African-American Affairs Commission and to provide that no such complaint shall contain any other identifying information about the complainant such as his or her operator's license number, name or address, amended Subsec. (f) to require that summary report be provided to the African-American Affairs Commission, amended Subsec. (g) to require the African-American Affairs Commission to review the prevalence and disposition of traffic stops and complaints and, not later than January 1, 2004, and annually thereafter, to report the results of such review to the Governor, the General Assembly and any other entity said commission deems appropriate and to delete references to the Chief State's Attorney, deleted former Subsec. (h) re limited period of effectiveness of Subsecs. (f) and (g), redesignated existing Subsec. (i) as Subsec. (h) and amended said Subsec. by substituting reference in Subdiv. (1) to personal identifying information with reference to race, color, ethnicity, gender and age, effective June 26, 2003; P.A. 04-27 made technical changes, effective April 28, 2004; P.A. 04-257 made a technical change in Subsec. (b), effective June 14, 2004; P.A. 11-51 replaced Commissioner and Department of Public Safety with Commissioner and Department of Emergency Services and Public Protection and amended Subsecs. (a), (b) and (h) to delete references to January 1, 2000, effective July 1, 2011.

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      Sec. 54-1o. (Note: This section is effective January 1, 2014.) Electronic recording of custodial interrogations. (a) For the purposes of this section:

      (1) "Custody" means the circumstance when (A) a person has been placed under formal arrest, or (B) there is a restraint on a person's freedom of movement of the degree associated with a formal arrest and a reasonable person, in view of all the circumstances, would have believed that he or she was not free to leave;

      (2) "Interrogation" means questioning initiated by a law enforcement official or any words or actions on the part of a law enforcement official, other than those normally attendant to arrest and custody, that such official should know are reasonably likely to elicit an incriminating response from the person;

      (3) "Custodial interrogation" means any interrogation of a person while such person is in custody;

      (4) "Place of detention" means a police station or barracks, courthouse, correctional facility, community correctional center or detention facility; and

      (5) "Electronic recording" means an audiovisual recording made by use of an electronic or digital audiovisual device.

      (b) An oral, written or sign language statement of a person under investigation for or accused of a capital felony or a class A or B felony made as a result of a custodial interrogation at a place of detention shall be presumed to be inadmissible as evidence against the person in any criminal proceeding unless: (1) An electronic recording is made of the custodial interrogation, and (2) such recording is substantially accurate and not intentionally altered.

      (c) Every electronic recording required under this section shall be preserved until such time as the person's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted or the prosecution is barred by law.

      (d) If the court finds by a preponderance of the evidence that the person was subjected to a custodial interrogation in violation of this section, then any statements made by the person during or following that nonrecorded custodial interrogation, even if otherwise in compliance with this section, are presumed to be inadmissible in any criminal proceeding against the person except for the purposes of impeachment.

      (e) Nothing in this section precludes the admission of:

      (1) A statement made by the person in open court at his or her trial or at a preliminary hearing;

      (2) A statement made during a custodial interrogation that was not recorded as required by this section because electronic recording was not feasible;

      (3) A voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the person as a witness;

      (4) A spontaneous statement that is not made in response to a question;

      (5) A statement made after questioning that is routinely asked during the processing of the arrest of the person;

      (6) A statement made during a custodial interrogation by a person who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided an electronic recording is made of the statement by the person agreeing to respond to the interrogator's question only if a recording is not made of the statement;

      (7) A statement made during a custodial interrogation that is conducted out-of-state; and

      (8) Any other statement that may be admissible under law.

      (f) The state shall have the burden of proving, by a preponderance of the evidence, that one of the exceptions specified in subsection (e) of this section is applicable.

      (g) Nothing in this section precludes the admission of a statement, otherwise inadmissible under this section, that is used only for impeachment and not as substantive evidence.

      (h) The presumption of inadmissibility of a statement made by a person at a custodial interrogation at a place of detention may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances.

      (i) Any electronic recording of any statement made by a person at a custodial interrogation that is made by any law enforcement agency under this section shall be confidential and not subject to disclosure under the Freedom of Information Act, as defined in section 1-200, and the information shall not be transmitted to any person except as needed to comply with this section.

      (P.A. 11-174, S. 1.)

      History: P.A. 11-174 effective January 1, 2014.

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      Sec. 54-1p. Eyewitness identification procedures. (a) For the purposes of this section:

      (1) "Eyewitness" means a person who observes another person at or near the scene of an offense;

      (2) "Photo lineup" means a procedure in which an array of photographs, including a photograph of the person suspected as the perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator;

      (3) "Live lineup" means a procedure in which a group of persons, including the person suspected as the perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator;

      (4) "Identification procedure" means either a photo lineup or a live lineup; and

      (5) "Filler" means either a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure.

      (b) Not later than January 1, 2012, each municipal police department and the Department of Emergency Services and Public Protection shall adopt procedures for the conducting of photo lineups and live lineups that comply with the following requirements:

      (1) When practicable, the person conducting the identification procedure shall be a person who is not aware of which person in the photo lineup or live lineup is suspected as the perpetrator of the offense;

      (2) The eyewitness shall be instructed prior to the identification procedure:

      (A) That the perpetrator may not be among the persons in the photo lineup or the live lineup;

      (B) That the eyewitness should not feel compelled to make an identification; and

      (C) That the eyewitness should take as much time as needed in making a decision;

      (3) The photo lineup or live lineup shall be composed so that the fillers generally fit the description of the person suspected as the perpetrator and, in the case of a photo lineup, so that the photograph of the person suspected as the perpetrator resembles his or her appearance at the time of the offense and does not unduly stand out;

      (4) If the eyewitness has previously viewed a photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the person suspected as the perpetrator participates or in which the photograph of the person suspected as the perpetrator is included shall be different from the fillers used in any prior lineups;

      (5) At least five fillers shall be included in the photo lineup and at least four fillers shall be included in the live lineup, in addition to the person suspected as the perpetrator;

      (6) In a photo lineup, no writings or information concerning any previous arrest of the person suspected as the perpetrator shall be visible to the eyewitness;

      (7) In a live lineup, any identification actions, such as speaking or making gestures or other movements, shall be performed by all lineup participants;

      (8) In a live lineup, all lineup participants shall be out of the view of the eyewitness at the beginning of the identification procedure;

      (9) The person suspected as the perpetrator shall be the only suspected perpetrator included in the identification procedure;

      (10) Nothing shall be said to the eyewitness regarding the position in the photo lineup or the live lineup of the person suspected as the perpetrator;

      (11) Nothing shall be said to the eyewitness that might influence the eyewitness's selection of the person suspected as the perpetrator;

      (12) If the eyewitness identifies a person as the perpetrator, the eyewitness shall not be provided any information concerning such person prior to obtaining the eyewitness's statement that he or she is certain of the selection; and

      (13) A written record of the identification procedure shall be made that includes the following information:

      (A) All identification and nonidentification results obtained during the identification procedure, signed by the eyewitness, including the eyewitness's own words regarding how certain he or she is of the selection;

      (B) The names of all persons present at the identification procedure;

      (C) The date and time of the identification procedure;

      (D) In a photo lineup, the photographs themselves;

      (E) In a photo lineup, identification information on all persons whose photograph was included in the lineup and the sources of all photographs used; and

      (F) In a live lineup, identification information on all persons who participated in the lineup.

      (P.A. 11-252, S. 1.)

      History: (Revisor's note: In Subsec. (b), "Department of Public Safety" was changed editorially by the Revisors to "Department of Emergency Services and Public Protection" to conform with changes made by P.A. 11-51).

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