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Substitute Senate Bill No. 397
Public Act No. 26-14
AN ACT CONCERNING DEMOCRACY AND GOVERNMENT
ACCOUNTABILITY AND THE USE AND RETENTION OF DATA
DERIVED FROM AUTOMATED LICENSE PLATE READER
SYSTEMS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) Every person, including a
federal or state officer or employee who, under color of any statute,
ordinance, regulation, custom or usage, of the United States or the state
of Connecticut, subjects, or causes to be subjected, any citizen of this
state or other person within the jurisdiction thereof to the deprivation of
any rights, privileges or immunities secured by the United States
Constitution, shall be liable to the party injured in an action at law or
other proper proceeding for redress.
(b) (1) In a civil action brought pursuant to subsection (a) of this
section, if the defendant is held liable, the court may award damages,
including, but not limited to, nominal damages, actual damages,
compensatory damages, punitive damages, injunctive r elief and other
appropriate equitable relief, to protect the peaceable exercise or
enjoyment of the right or rights secured by the United States
Constitution.
(2) In a civil action brought pursuant to subsection (a) of this section,
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if the defendant is held liable, the court shall award the plaintiff
reasonable attorney's fees and expenses, unless the court determines
that special circumstances would render such an award unjust.
(c) It is the intent of the legislature that in construing the provisions
of this section, the courts shall be guided by interpretations given by
federal and state courts to 42 USC 1983, as amended from time to time,
except that under this section an injur ed person may bring a claim
against a federal officer or employee. Any person named as a defendant
under the provisions of this section shall be entitled to raise any
applicable immunities or defenses under federal or state law, and
federal officers or employees shall be immune to the same degree as an
equivalent state officer or employee.
(d) No provision of this section shall be construed to constitute a
waiver of the state's sovereign immunity.
Sec. 2. Section 3 -129g of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The Attorney General may investigate, intervene in or bring a civil
or administrative action in the name of the state, seeking injunctive or
declaratory relief, damages, and any other relief that may be available
under law, whenever any person is or ha s engaged in a practice or
pattern of conduct, or has established a policy, that:
(1) Subjects, or causes to be subjected, other persons to the
deprivation of any rights, privileges or immunities secured by the
constitutions or laws of this state or the United States; or
(2) Interferes, or attempts to interfere, by threats, intimidation or
coercion, with the exercise or enjoyment by other persons of any rights,
privileges or immunities secured by the constitutions or laws of this
state or the United States.
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(b) In conducting any investigation under this section, the Attorney
General may issue subpoenas and interrogatories, and otherwise gather
information, in the same manner and to the same extent as is provided
in section 35-42. No information obtained pursuant to the provisions of
this subsection may be used in a criminal proceeding.
(c) The Attorney General may investigate, intervene in or bring a civil
or administrative action in the name of the state, seeking injunctive or
declaratory relief, damages and any other relief that may be available
under law, whenever any person, acting u nder color of any statute,
ordinance, regulation, custom or usage, of the United States or the state
of Connecticut:
(1) Subjects, or causes to be subjected, other persons to the
deprivation of any rights, privileges or immunities secured by the
Constitution of the United States or the state Constitution; or
(2) Interferes, or attempts to interfere, by physical obstruction,
threats, intimidation or coercion, with the exercise or enjoyment by
other persons of any rights, privileges or immunities secured by the
Constitution of the United States or the state Constitution.
[(c)] (d) If the Attorney General prevails in a civil action brought
pursuant to this section, the court shall order the distribution of any
award of damages to the injured person. In a matter involving the
interference or attempted interference with any right prote cted by the
[constitutions of this state or the United States ] Constitution of the
United States or the state Constitution , the court may also award civil
penalties against each defendant in an amount not exceeding two
thousand five hundred dollars for each violation, provided such
violation has been established by clear and convincing evidence. Any
civil penalty that is received pursuant to this subsection shall be
deposited in the General Fund.
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[(d)] (e) In lieu of bringing a civil action under this section, the
Attorney General may accept an assurance of the discontinuance of any
allegedly unlawful or unconstitutional practice from any person
engaged in such practice. Thereafter, any evidence of a violation of such
assurance shall constitute prima facie proof of violation of the applicable
law or right in any action commenced by the Attorney General.
[(e)] (f) Nothing in this section shall limit the right of a person
adversely affected by a violation of chapter 814c to file a complaint with
the Commission on Human Rights and Opportunities.
[(f)] (g) Nothing in this section shall limit the jurisdiction of the
Commission on Human Rights and Opportunities under chapter 814c.
[(g)] (h) The Attorney General shall not bring an action under the
provisions of this section during the pendency of a matter involving the
same parties and the same alleged facts and circumstances before the
Commission on Human Rights and Opportunities.
[(h)] (i) Nothing in this section shall permit the Attorney General to
bring an action that would otherwise be barred under the applicable
statute of limitations or repose.
[(i)] (j) The Attorney General shall post on the Attorney General's
Internet web site information on how to properly file a complaint with
the Commission on Human Rights and Opportunities. The Attorney
General may, as appropriate, refer cases to the Commission on Hu man
Rights and Opportunities.
[(j)] (k) Nothing in this section shall permit the Attorney General to
assert any claim against a state agency or a state officer or state
employee in such officer's or employee's official capacity, regarding
actions or omissions of such state agency, state officer or state employee.
If the Attorney General determines that a state officer or state employee
is not entitled to indemnification under section 5 -141d, the Attorney
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General may, as relates to such officer or employee, take any action
authorized under this section.
[(k)] (l) With regard to any action brought pursuant to this section
against a person for a pattern or practice of conduct in violation of
section 46a -64, 46a -64c, 46a -81d or 46a -81e, or, as a result of an
investigation conducted pursuant to this section, of a potential violation
of section 46a-64, 46a-64c, 46a-81d or 46a-81e, the Attorney General may
petition the superior court for the judicial district in which the violation
or alleged violation occurred for any relief available under subsection
(b) of section 46a-89, in addition to any relief as described in subsection
(a) or (c) of this section.
(m) With regard to any action brought pursuant to subsection (c) of
this section, the Attorney General may petition the superior court for the
judicial district in which the violation or alleged violation occurred for
any relief available under this section. Upon filing of the complaint, the
court may order any declaratory or temporary injunctive relief required
to make the complainant whole. The court shall order a hearing to be
had upon such complaint not more than five days after the date of filing
the complaint and the Attorney General shall cause notice to be given to
any interested party of the time and place for the hearing upon such
complaint. A continuance of the hearing may be granted upon consent
of the parties. The court shall, on the day fixed f or such hearing and
without unnecessary delay, proceed to hear the parties. The court may
order, amend or continue any declaratory or temporary injunctive relief.
Sec. 3. Section 51-277a of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) (1) As used in this section:
(A) "Peace officer" means a member of the Division of State Police
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within the Department of Emergency Services and Public Protection or
an organized local police department, a chief inspector or inspector in
the Division of Criminal Justice, a state marshal while exercising
authority granted under any provision of the general statutes, a judicial
marshal in the performance of the duties of a judicial marshal, a
conservation officer or special conservation officer, as defined in section
26-5, a constable who performs criminal law enforcement duties, a
special policeman appointed under section 29-18, 29-18a, 29-18b, 29-18c
or 29 -19, an adult probation officer, an official of the Department of
Correction authorized by the Commissioner of Correction to make
arrests in a correctional institution or facility, any investigator in the
investigations unit of the office of the State Treasurer, an inspector of
motor vehicles in the Department of Motor Vehicles, who is certified
under the provisions of sections 7-294a to 7-294e, inclusive, any federal
law enforcement officer as defined under 18 USC 115(c)(1) and 34 USC
50301(5), or a member of a law enforcement unit of the Mashantucket
Pequot Tribe or the Mohegan Tribe of Indians of Connecticut created
and governed by a memorandum of agreement under section 47 -65c
who is certified as a p olice officer by the Police Officer Standards and
Training Council pursuant to sections 7-294a to 7-294e, inclusive;
(B) "Deadly physical force" has the same meaning as provided in
section 53a-3; and
(C) "Electronic defense weapon" has the same meaning as provided
in section 53a-3.
[(a) (1) ] (2) Whenever a peace officer, in the performance of such
officer's duties, uses physical force upon another person and such
person dies as a result thereof or uses deadly physical force [, as defined
in section 53a-3,] upon another person, the Division of Criminal Justice
shall cause an investigation to be made and the Inspector General shall
have the responsibility of determining whether the use of physical force
by the peace officer was justifiable under section 53a-22, as amended by
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this act. The use of an electronic defense weapon [, as defined in section
53a-3,] by a peace officer shall not be considered deadly physical force
for purposes of this section.
[(2)] (3) (A) Except as provided under subdivision [(1)] (2) of this
subsection, whenever a person dies [in the] within the physical custody
of a peace officer or law enforcement agency, the Inspector General shall
investigate and determine whether physical force was used by a peace
officer upon the deceased person, and if so, whether the use of physical
force by the peace officer was justifiable under section 53a -22, as
amended by this act . If the Inspector General determines the deceased
person may have d ied as a result of criminal action not involving the
use of force by a peace officer, the Inspector General shall refer such case
to the Chief State's Attorney or a state's attorney for potential
prosecution.
(B) Except as provided under subdivision [(1)] (2) of this subsection
or subparagraph (A) of this subdivision, [(2) of this subsection, ]
whenever a person dies [in the ] within the physical custody of the
Commissioner of Correction, the Inspector General shall investigate and
determine whether the deceased person may have died as a result of
criminal action, and, if so, refer such case to the Chief State's Attorney
or a state's attorney for potential prosecution. The Inspector General
may issue a report conc erning the death of such person, which may
include, but need not be limited to, any recommended future action to
be taken by said commissioner.
[(3)] (4) Whenever a person who (A) is a next of kin of a deceased
person, (B) is not notified of such deceased person's death as required
pursuant to section 7 -294mm and no other person who is a next of kin
of the deceased person was so notified, and (C) requests of the Office of
the Inspector General an investigation of the lack of notification or
timely notification of such death, the Inspector General shall investigate
and determine whether there was any malfeasance on the part of a peace
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officer, except for a federal law enforcement officer, or a supervisor of
the peace officer , except for a federal law enforcement officer, in the
failure to provide such notification or timely notification, and if so, may
make recommendations to the Police Officer Standards and Training
Council established under section 7 -294b concerning censure,
suspension, renewal, cancelation or revocatio n of the peace officer's or
supervisor's certification, provided any such recommendation may be
made to said council o nly in a case where such failure is found to be
intentional or made with reckless indifference. If there is no finding that
such failure was intentional or made with reckless indifference, a
recommendation may be made to the officer's or supervisor's employing
agency for any further disciplinary action as so determined by such
employing agency.
[(4)] (5) (A) The Inspector General shall request the appropriate law
enforcement agency to provide such assistance as is necessary to
investigate and make a determination under subdivision [(1), (2) or (3)]
(2), (3) or (4) of this subsection.
(B) The Division of Criminal Justice and the Inspector General shall
have the unrestricted right to access the scene and collect evidence
whenever a peace officer, in the performance of such officer's duties,
uses physical force upon another person and such person dies as a result
thereof or uses deadly physical force, or a person dies in the custody of
a peace officer or law enforcement agency, regardless of whether such
incident involved only peace officers employed by the federal
government and did not involve any peace officer employed by the state
or a municipality.
(C) If any person restricts the Division of Criminal Justice or the
Inspector General's right to access the scene and collect evidence as set
forth in subparagraph (B) of this subdivision, the Division of Criminal
Justice or the Inspector General may bring an action in the Superior
Court for injunctive relief against any person who has committed the
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violation. Upon filing of the complaint, the court may order any
declaratory or temporary injunctive relief required to make the
complainant whole. The court shall order a hearing to be had upon such
complaint not more than five days after the date of filing the complaint
and the Division of Criminal Justice or the Inspector General shall cause
notice to be given to any interested party of the time and place for the
hearing upon such complaint. A continuance of the hearing date may be
granted upon consent of the parties. The court shall, on the day fixed for
such hearing and without unnecessary delay, proceed to hear the
parties. The court may order, amend or continue any declaratory or
temporary injunctive relief.
[(5)] (6) Whenever a peace officer, in the performance of such officer's
duties, uses physical force or deadly physical force upon another person
and such person dies as a result thereof, the Inspector General shall
complete a preliminary status report that shall include, but need not be
limited to, (A) the name of the deceased person, (B) the gender, race,
ethnicity and age of the deceased person, (C) the date, time and location
of the injury causing such death, (D) the law enforcement agency
involved, (E) the status on the toxicology report, if available, and (F) the
death certificate, if available. The Inspector General shall complete the
report and submit a copy of such report not later than five business days
after the cause of the death is available to the Chief 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.
(b) Upon the conclusion of the investigation of an incident described
in subdivision [(1) or ] (2) or (3) of subsection (a) of this section, the
Inspector General shall file a report with the Chief State's Attorney
which shall contain the following: (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
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(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 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.
(c) The Office of the Inspector General shall prosecute any case in
which the Inspector General determines that (1) the use of force by a
peace officer was not justifiable under section 53a -22, as amended by
this act , or (2) there was a failure to intervene in such incident or to
report any such incident, as required under subsection (a) of section 7 -
282e or section 18-81nn.
Sec. 4. Section 53a -22 of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) (1) For purposes of this section: [, a] (A) A reasonable belief that a
person has committed an offense means a reasonable belief in facts or
circumstances which if true would in law constitute an offense. If the
believed facts or circumstances would not in law constitute an offense,
an erroneous thou gh 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 ; and (B) notwithstanding the
provisions of subdivision (9 ) of section 53a -3, "peace officer" has the
same meaning as provided in section 51-277a, as amended by this act.
(2) A peace officer or an authorized official of the Department of
Correction or the Board of Pardons and Paroles who is effecting an
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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
another person when and to the extent that he or she reasonably believes
such use to be necessary to: (1) Effect an arrest or prevent the escape
from custody of a person whom he or she reasonably believes to have
committed an offense, unless he or she knows that the arrest or custody
is unauthorized; or (2) defend himself or herself or a third person from
the use or imminent use of physical force while effecting or attempting
to effect an arrest or while preventing or attempting to prevent an
escape.
(c) (1) Except as provided in subsection (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 deadly physical force
upon another person for the purposes specified in subsection (b) of this
section only when his or her actions are objectively reasonable under the
given circumstances at that time, and:
(A) He or she reasonably believes such use to be necessary to defend
himself or herself or a third person from the use or imminent use of
deadly physical force; or
(B) He or she (i) has reasonably determined that there are no available
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
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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
physical force, or (II) prevent the escape from custody of a person whom
he or she reasonably believes has comm itted a felony which involved
the infliction of serious physical injury and who poses a significant
threat of death or serious physical injury to others, and if, where feasible,
he or she has given warning of his or her intent to use deadly physical
force.
(2) For purposes of evaluating whether actions of a peace officer or
an authorized official of the Department of Correction or the Board of
Pardons and Paroles are reasonable under subdivision (1) of this
subsection, factors to be considered include, but are n ot limited to,
whether (A) the person upon whom deadly physical force was used
possessed or appeared to possess a deadly weapon, (B) the peace officer
or an authorized official of the Department of Correction or the Board
of Pardons and Paroles engaged in reasonable deescalation measures
prior to using deadly physical force, and (C) any unreasonable conduct
of the peace officer or an authorized official of the Department of
Correction or the Board of Pardons and Paroles led to an increased risk
of an occurrence of the situation that precipitated the use of such force.
(d) A peace officer or an authorized official of the Department of
Correction or the Board of Pardons and Paroles is justified in using a
chokehold or other method of restraint applied to the neck area or that
otherwise impedes the ability to breathe or restricts blood circulation to
the brain of another person for the purposes specified in subsection (b)
of this section only when he or she reasonably believes such use to be
necessary to defend himself or herself or a third person from the use or
imminent use of deadly physical force.
(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
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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.
(f) A person who has been directed to assist a peace officer or an
authorized official of the Department of Correction or the Board of
Pardons and Paroles under circumstances specified in subsection (e) of
this section may use deadly physical force to effect a n arrest or to
prevent an escape from custody only when: (1) He or she reasonably
believes such use to be necessary to defend himself or herself or a third
person from what he or she reasonably believes to be the use or
imminent use of deadly physical force; or (2) he or she is directed or
authorized by such peace officer or official to use deadly physical force,
unless he or she knows that the peace officer or official himself or herself
is not authorized to use deadly physical force under the circumstances.
(g) A private person acting on his or her own account is justified in
using reasonable physical force upon another person when and to the
extent that he or she reasonably believes such use to be necessary to
effect an arrest or to prevent the escape from custo dy of an arrested
person whom he or she reasonably believes to have committed an
offense and who in fact has committed such offense; but he or she is not
justified in using deadly physical force in such circumstances, except in
defense of person as prescribed in section 53a-19.
(h) In determining whether use of force by a peace officer who is a
police officer, as defined in subsection (a) of section 29 -6d, is justified
pursuant to this section, the trier of fact may draw an unfavorable
inference from a police officer's deliberate failure in violation of section
29-6d to record such use of physical force.
Sec. 5. Section 51-277e of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
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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
by this act, or where a police officer or correction officer fails to intervene
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 failure to report the death of a person in accordance 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 repor t a death
of a person, any such recommendation may be made to said council only
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 in difference, 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.
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(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 General may issue subpoenas to 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 report s, records or
other documents concerning an investigation described in subsection (a)
of this section that is undertaken by the Inspector General, and (2)
compelling the attendance and testimony of any person having
knowledge pertinent to such investigation at an investigative deposition
conducted by the Inspector General, or the Inspector General's designee.
(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 sectio n 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
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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 assista nt state's attorneys,
inspectors and administrative staff.
Sec. 6. (NEW) ( Effective from passage ) (a) As used in this section: (1)
"Peace officer" has the same meaning as provided in section 51 -277a of
the general statutes, as amended by this act; and (2) "facial covering"
means any opaque mask, garment, helmet, headgear or other item that
conceals or obscures the facial identity of an individual, including, but
not limited to, a balaclava, tactical mask, gator, ski mask and any similar
type of facial covering or face-shielding item.
(b) A peace officer, while carrying out the enforcement of laws of this
state, any other state or the United States, shall not wear any facial
covering or personal disguise while interacting with the public in the
performance of such officer's duties, except for (1) a medical grade facial
covering that is designed to protect the health and safety of the peace
officer, provided protecting the health and safety of the officer does not
include protecting the identity of the peace officer, (2) any facial
covering designed to prevent the transmission of airborne diseases, (3)
any facial covering designed to protect against exposure to smoke
during a fire -involved situation, (4) any facial covering necessary to
perform duties during a water rescue operation, (5) a ny facial covering
related to protection against exposure to biological or chemical agents
during an incident where such agents may be present, (6) any facial
covering protecting against freezing temperatures, provided such facial
covering is worn during a n activity not requiring oral communication
with the public or a person sought to be placed in custody, or (7) any
facial covering necessary to perform duties during an active undercover
operation or assignment which have been authorized to be worn by
supervising personnel or court order. Notwithstanding the provisions
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of this subsection, 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 w ith such assignment. Any
peace officer who violates the provisions of this subsection shall be
guilty of a class D misdemeanor.
(c) In accordance with the provisions of section 7-294ii of the general
statutes, a peace officer, who is conducting a planned arrest or
interacting with the public in such officer's official capacity and is
authorized to make arrests, shall be clearly ide ntified 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 court order, 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. Any peace officer who
intentionally violates the provisions of this subsection shall be guilty of
a class D misdemeanor.
(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,
shall not be entitled to assert any privilege or immunity for such officer's
tortious conduct against a claim of civil liability.
Sec. 7. (NEW) (Effective October 1, 2026) (a) As used in this section:
(1) "Protected area" means any of the following buildings or locations,
including the grounds of such buildings or locations and any garages or
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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:
(A) A school, including, but not limited to, a preschool, primary or
secondary school, vocational school or college or university;
(B) A hospital licensed pursuant to the provisions of chapter 368v of
the general statutes or an urgent care center, as defined in section 19a -
493d of the general statutes;
(C) A place of worship or religious study;
(D) A playground, recreation 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;
(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,
facility that serves disabled persons, home less 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;
(F) A place where disaster or emergency response and relief is
provided, including, but not limited to, such places along evacuation
routes, where shelter or emergency supplies, food or water are being
distributed, or registration for disaster -related assi stance or family
reunification is underway; or
(G) A cemetery or other place of internment for the deceased.
(2) "State facility" means any building, or part thereof, owned, leased,
occupied, controlled by or used for business by an office or agency of
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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. "State facility" includes the gr ounds of such facility and any
garages or parking lots utilized in the operation of such facility,
irrespective of whether such garages or parking lots are contiguous to
the facility.
(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 o f a municipal government.
"Municipal facility" includes the grounds of such facility and any
garages or parking lots utilized in the operation of such facility,
irrespective of whether such garages or parking lots are contiguous to
the facility.
(4) "Civil offense" means an offense for which a local, state or federal
civil proceeding is available to the charged individual to offer a defense.
"Civil offense" does not include any offense identified as an infraction
by the general statutes, a motor v ehicle violation or an arrest allowed
(A) for an alleged violation of the criminal law of: (i) The state 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 w hich
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 i nitial 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
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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.
(c) (1) Any individual aggrieved by a violation of this section may
bring a civil action for equitable relief or damages in the Superior Court.
A civil action brought for damages may be triable by jury.
(2) In any action pursuant to this section, the court may grant a
plaintiff such legal and equitable relief which it deems appropriate,
including, but not limited to, temporary or permanent injunctive relief,
punitive damages, attorney's fees and court costs.
Sec. 8. Section 51 -33b of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) No representative of a local, state or federal law enforcement
authority shall detain, arrest or otherwise take an individual on
courthouse grounds into custody on the basis of a civil offense, unless
such representative (1) is acting in the representative's official capacity,
and (2) has notified a judicial marshal within the courthouse in which
the representative intends to detain, arrest or otherwise take an
individual into custody and has provided documentation to the judicial
marshal demonstrating that the individual to be detained, arrested or
otherwise taken into custody (A) is the subject of a judicial warrant, (B)
has been convicted of (i) 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 (ii) any class A or B felony offense, or (C) is
identified as a possible match in the federal Terrorist Screening
Database or similar database. The provisions of this subsection do not
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apply to a judicial marshal detaining, arresting or otherwise taking an
individual on courthouse grounds into custody.
(b) Any judicial marshal receiving documentation pursuant to
subsection (a) of this section shall promptly review such documentation
in accordance with policies and procedures approved by the Office of
the Chief Court Administrator. No representative of a loca l, state or
federal law enforcement authority shall detain, arrest or otherwise take
an individual on courthouse grounds into custody on the basis of a civil
offense who is the subject of such documentation, unless the judicial
marshal determines, based upon such review, that such individual (1) is
the subject of a judicial warrant, (2) 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.
(c) Any violation of the provisions of this section may be deemed
contempt of court and punished in accordance with the provisions of
section 51-33.
(d) Any individual aggrieved by a violation of this section may bring
a civil action for equitable relief or damages in the Superior Court. A
civil action brought for damages may be triable by jury.
(e) In any action pursuant to this section, the court may award
reasonable attorney's fees and costs incurred to the prevailing party.
(f) No action 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 b ranch or such officer
or employee.
(g) The provisions of this section shall not be construed to prohibit a
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representative of a local, state or federal law enforcement authority from
detaining, arresting or otherwise taking an individual on courthouse
grounds into custody on the basis of a civil offense, if such action is in
compliance with the provisions of this section and section 54-192h.
(h) For purposes 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.
Sec. 9. 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 perso n 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
recertification process requires the police officer to submit to a urinalysis
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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 du ring 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 a s 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. Section 52 -571j of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) For the purposes of this section, "peace officer" has the same
meaning as provided in section [53a-3] 51-277a, as amended by this act,
except "peace officer" does not include [a special agent of the federal
government or ] a member of a law enforcement unit of the
Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of
Connecticut.
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(b) An employer of a peace officer who interferes with any person
taking a photographic or digital still or video image of such peace 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.
(c) An employer of a peace officer shall not be liable under subsection
(b) of this section if the peace officer had reasonable grounds to believe
that the peace officer was interfering with the taking of such image in
order to (1) lawfully enforce a criminal law of this state , a federal
criminal law or a municipal ordinance , whichever is applicable , (2)
protect the public safety, (3) preserve the integrity of a crime scene or
criminal investigation, (4) safeguard the privacy interests of any person,
including a victim of a crime, or (5) lawfully enforce court rules and
policies of the Judicial Branch with respect to taking a photograph,
videotaping or otherwise recording an image in facilities of the Judicial
Branch.
(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 interfe ring with any
person taking a photographic or digital still or video image of such
peace officer or another peace officer acting in the performance of such
peace officer's duties, shall not be entitled to assert any privilege or
immunity for their tortious conduct against a claim of civil liability.
Sec. 11. (NEW) ( Effective from passage ) In any prosecution for an
offense, no federal officer, employee or agent shall have immunity for
any action taken under color of federal law, unless such officer's,
employee's or agent's action was: (1) Authorized by federal law; and (2)
necessary and pr oper to execute such officer's, employee's or agent's
official duties as a federal officer, employee or agent.
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Sec. 12. Section 7 -291c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) No law enforcement unit, as defined in section 7 -294a, shall hire
any person as a police officer, as defined in said section 7-294a, who was
previously employed as a [police] peace officer, as defined in section 51-
277a, as amended by this act, by such unit or in any other jurisdiction
and who (1) was dismissed for malfeasance or other serious misconduct
calling into question such person's fitness to serve as a [police] peace
officer; or (2) resigned or retired from such officer's position while under
investigation for such malfeasance or other serious misconduct.
(b) Any law enforcement unit that has knowledge that any former
police officer of such unit who (1) (A) was dismissed for malfeasance or
other serious misconduct, or (B) resigned or retired from such officer's
position while under investigation for such malfeasance or other serious
misconduct; and (2) is an applicant for the position of police officer with
any other law enforcement unit, shall inform such other unit and the
Police Officer Standards and Training Council established under section
7-294b of such dismissal, resignation or retirement.
(c) The provisions of this section shall not apply to any [police] peace
officer who is exonerated of each allegation against such officer of such
malfeasance or other serious misconduct.
(d) For purposes of this section, (1) "malfeasance" means the
commonly approved usage of "malfeasance"; 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
to, (A) a conviction of a felony, (B) fabrication of evidence, (C) repeated
use of excessive force, (D) a cceptance of a bribe, or (E) the commission
of fraud.
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Sec. 13. (NEW) (Effective from passage) (a) As used in this section and
sections 14 and 15 of this act:
(1) "Automated license plate 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. "Automated
license plate reader 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 a n 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;
(2) "Automated license plate reader data" includes any data captured,
recorded, held or stored, processed or derived from an automated
license plate reader system, including, but not limited to, license plate
characters, vehicle still or video images, vehicle attributes, location data,
time stamps and metadata;
(3) "Gender-affirming health care services" has the same meaning as
provided in section 52-571m of the general statutes;
(4) "Hotlist" means a list of registration numbers displayed on license
plates maintained for comparison against a registration number
collected by an automated license plate reader system;
(5) "Internal hotlist addendum" 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
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registered to a person 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.
(6) "Law enforcement agency" means a department or agency for
which a law enforcement officer is an employee of or otherwise paid by
or acting as an agent of, including, but not limited to, a municipal police
department or the Division of State Police with in the Department of
Emergency Services and Public Protection;
(7) "Public agency" has the same meaning as provided in section 1 -
200 of the general statutes;
(8) "Reproductive health care services" has the same meaning as
provided in section 52-571m of the general statutes; and
(9) "State facility" means any building, or part thereof, owned, leased,
occupied, controlled by or used for business by an office or agency of
the Executive Department, Legislative Branch or Judicial Branch, either
directly or indirectly, including, but n ot limited to, entities providing
direct services on behalf of offices or agencies, but not including state -
owned property leased to a federal entity. "State facility" includes the
grounds of such facility and any garages or parking lots utilized in the
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operation of such facility, irrespective of whether such garages or
parking lots are contiguous to the facility.
(b) (1) On and after October 1, 2026, no public agency or private
vendor under contract with a public agency may operate an automated
license plate reader system or use automated license plate reader data,
except as follows:
(A) A public agency or a private vendor under contract with a public
agency may operate an automated license plate reader system or use
automated license plate reader data for the following purposes: (i)
Performing weigh station duties; (ii) monitoring or maintaining the
agency's vehicles or equipment; (iii) assisting in the control of access to
a secured area; (iv) conducting traffic analytics; (v) enforcing parking
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
the facility; (vi) monitoring and securing state facilities; or (vii) enforcing
motor vehicle tax compliance pursuant to section 14-33 and chapter 203
of the general statutes; and
(B) A law enforcement agency or a private vendor under contract
with a law enforcement agency may operate an automated license plate
reader system or use automated license plate reader data for the
following purposes: (i) Comparing such data with (I) data contained in
a hotlist or internal hotlist addendum, (II) records of the Connecticut
Online Law Enforcement Communications Teleprocessing System, (III)
data contained in the Federal Bureau of Investigations Kidnapping and
Missing Persons list, (IV) data co ntained in the 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
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Center for Missing and Exploited Children database; or (ii) entering a
license plate number into an automated license plate reader system
upon a law enforcement officer's determination that data in the system
may (I) be relevant and material to a specific active investigation of a
criminal offense in which there is reasonable suspicion that the offense
has been or is being committed, provided any access by an officer of
automated license plate reader data for such purpose shall result in a
record of the rea son for the access and any 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.
(2) (A) On and after October 1, 2026, except as provided in
subparagraph (B) or (C) of this subdivision, any automated license plate
reader data collected or otherwise acquired or held or stored by a public
agency or by a private vendor under contract with a public agency shall
not be retained for a period in excess of twenty-one days, or for a shorter
period when required pursuant to the terms of a contract between 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 state or federal judicial branches, or
pursuant to court rules governing the preservation of evidenc e, (ii) for
the 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 record
stating the purpose for such retention and any associated case number
for the in vestigation or prosecution to which the data relates, and (II)
such data is deleted upon the conclusion of the investigation if no
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criminal charges are filed, or, in the case of a conviction for which no
defendant is sentenced to a term of imprisonment, upon the final
disposition of 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 retai ned 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.
(B) A public agency or a private vendor under contract with a public
agency may hold or retain automated license plate reader data for a
period in excess of twenty -one days, if such data may be necessary to
establish that the commission of a potential future offense, motor vehicle
violation or infraction pursuant to an ordinance, the general statutes or
a regulation is a subsequent offense, motor vehicle violation or
infraction for which a penalty prescribed for such subsequent offense,
motor vehicle violat ion or infraction exceeds the penalty for the
previous offense, motor vehicle violation or infraction.
(C) Any data collected pursuant to clause (vii) of subparagraph (A)
of subdivision (1) of this subsection may be held or retained for a period
in excess of twenty -one days, if such data is being held or retained
expressly for the purpose of ensuring an individual's compliance with 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 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.
(c) Automated license plate reader data may be admissible as
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evidence in any court of this state, provided such data was collected or
otherwise acquired or held or stored in accordance with the provisions
of this section or obtained pursuant to a warrant issued by a judge of the
Superior Court.
(d) On and after October 1, 2026, no public agency operating an
automated license plate reader system or using automated license plate
reader data pursuant to subsection (b) of this section may:
(1) Use or assist in the use of automated license plate reader data to
monitor or investigate an individual based on such individual's actual
or perceived race, ethnicity, sexual orientation, gender identity or
expression, sex, pregnancy status, disability , citizenship, nationality or
income level, or perceived criminal history, except in a case where an
individual is being investigated for a potential criminal offense for
which an element of such offense is a prior conviction;
(2) Use or assist in the use of an automated license plate reader data
system or automated license plate reader data for the purpose of
identifying an individual engaged in an activity protected under the
First Amendment to the United States Constitution;
(3) Use or assist in the use of an automated license plate reader data
system or automated license plate reader data for the purpose of
investigating a suspected immigration violation or otherwise assisting
in any civil or criminal immigration enforcement activity;
(4) Use or 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 g ender-affirming
health care services that are permitted under the laws of this state;
(5) Unless authorized pursuant to section 29 -6d of the general
statutes, collect automated license plate reader data from a fixed
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automated license 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 juri sdiction, provided such facility or
organization notified the Police Officer Standards and Training Council
of such facility's or organization's location;
(6) Share or provide 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 Commonweal th 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 sough t,
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
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data 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, less or or regular
user, all such owners, lessors and regular users join in the request and
are natural persons;
(7) Participate in a system or network that shares automated license
plate reader data, or provide to, or access such data through any
multistate, intrastate or national data-sharing system or network unless
such system or network requires, as a condition of participation in or
access to such system or network, execution of a written declaration by
each participant affirming that: (A) Any data shared, accessed or
otherwise acquired will be used solely in compliance with this section
and other laws of this s tate; and (B) such participant will not share or
use such data, except in compliance with the provisions of this section;
and
(8) Permit a public agency to have real-time, bulk or automatic access
to automated license plate reader data, unless such data is in response
to a documented, case -specific request and the sharing of such data is
not otherwise prohibited under this subsection.
(e) (1) Automated license 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.
(2) The following are not confidential and are deemed public records
for the purposes of the Freedom of Information Act, as defined in section
1-200 of the general statutes:
(A) Locations of any still or video image recording device used as part
of an automated license plate reader system, except such data is
confidential and not deemed public records if the purchase of the still or
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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; and
(B) Any data derived from any audit of an automated license plate
reader system, usage logs for such system and logs detailing access to
automated license plate reader data, provided any such data disclosable
under this subsection has all automated license plate reader data
redacted from otherwise disclosable data.
(3) Any person who seeks to obtain automated license plate reader
data concerning a motor vehicle that was registered in such person's
name at the time of the creation of such data may obtain such data from
the contracting public agency, provided if such m otor vehicle is also
registered in another person's name, such person also consents to such
disclosure.
(f) Not later than 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. Such policy shall
comply with all applicable provisions of this section and include
safeguards and standards substa ntially equivalent to those required
under the model policy adopted under section 14 of this act.
(g) On and after the effective date of this section, no public agency
shall enter into or renew any contract with a private vendor related to
automated license plate reader system usage or automated license plate
reader data, unless such contract provides that the private vendor shall
not engage in any of the following activities with respect to any
automated license plate reader data collected in this state,
notwithstanding any terms of service, including, but not limited to,
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terms or conditions of use, use agreements or policies or procedures
maintained by a private vendor, that are incorporated by reference or
otherwise into the contract:
(1) Sell such automated license plate reader data;
(2) 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;
(3) Allow any person other than the 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 is sued by a judge or
magistrate on behalf of the state or federal judicial branches. As used in
this subdivision, "warrant or court order" excludes any subpoena or
demand of a grand jury investigation;
(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) investigati ng 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 sole ly on such person's
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participation in any activity that is protected by the United States
Constitution or the Constitution of the state of Connecticut, including,
but not limited to, any exercise of such person's right to freedom of
speech, to peaceably assemble or to petition the government for a
redress of grievances, except as otherwise provided by applicable state
or federal law; 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.
(h) On and after the effective date of this section, no public agency
shall enter into or renew any contract with a private vendor related to
automated license plate reader system usage or automated license plate
reader data, unless such contract provides that the private vendor
consents to personal jurisdiction in this state in 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 may 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 (5), inclusive,
of subsection (g) of this section or subsection (h) of this section with
respect to any automated license plate reader data collected in this state.
In any action instituted under this subsection, the court may grant
appropriate relief, including, but not limited to, injunctive or
declaratory relief, d amages and any other relief that may be available
under law. If the Attorney General prevails in an action brought
pursuant to this section, the court shall order the distribution of any
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award of damages to any injured person. The court may also award civil
penalties against each defendant in an amount not exceeding two
thousand five hundred dollars for each violation. Any civil penalty that
is received pursuant to this subsection shall be deposited in the 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 declaratory relief,
including a determination of past violations, if an officer, employee or
other individual otherwise paid by or acting as an agent of such agency
violates any provision of subsection (b), (d) or (e) of this section. If the
alleged violation that forms the basis of an action under this subsection
is committed by a private vendor with which a public agency contracts,
or if 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 automated license plate reader data collected in this state,
the private vendor shall be liable for s uch violation, rather than the
public agency. Such action may be brought in the superior court for the
judicial district in which the aggrieved individual resides. If an
aggrieved individual prevails and an order of injunctive relief is issued,
such aggrieved individual may be entitled to recover court costs and
reasonable attorney's fees associated only with an action or that portion
of an action concerning a request and order for injunctive relief. An
action under this subsection shall be privileged with respect to
assignment for trial.
(k) Any law enforcement officer who is found to have knowingly
accessed, used or disseminated automated license plate reader data with
malicious intent for purposes outside of the provisions of this section
shall be subject to disciplinary action including , but not limited to,
suspension, cancellation or revocation of certification by the Police
Officer Standards and Training Council pursuant to section 7 -294d of
the general statutes, as amended by this act.
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(l) If a law enforcement agency of this state suspects that a law
enforcement agency of another state or 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 of this state shall notify the Police Officer Standards
and Training Council of such suspected prohibited use. The Police
Officer Standards and Training Council shall determine whether
automated license plate reader data was used in a prohibited manner by
the law enforcement agency of another state or federal law enforcement
agency, as applicable, and, if so determined, direct each law
enforcement agency in this state to discontinue sharing such data or
providing access to such data with or to such other law enforcement
agency.
Sec. 14. (NEW) (Effective from passage) (a) Not later than December 1,
2026, the Police Officer Standards and Training Council shall adopt a
model policy governing law enforcement agency acquisition and use of
automated license plate reader systems and automated license plate
reader data. Such policy shall direct agencies to act in accordance with
section 13 of this act, including permissible and prohibited uses of such
system and any automated license plate reader data, whether collected
by such system or acquired otherwise. In addition to detailing such
permissible and prohibited uses of such system or data, such policy
shall, at a minimum: (1) Develop standards for the use of a hotlist,
including the sources from which a hotlist may be compiled,
supervisory approval requirements for use and management of, access
to and validation procedures for the data on any hotlist, including time
limitations for the inclusion of such data on a hotlist, (2) provide for data
retention limits in accordance with subdivisio n (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 dat a may be shared with other public agencies or law
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enforcement agencies, (4) 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 ac cordance 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 crea tion 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
13 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 standar ds 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 sect ion 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.
(b) Not later than January 1, 2027, each law enforcement agency shall
adopt and implement the policy developed pursuant to subsection (a)
of this section, or a policy that provides greater privacy protections than
that which are in the policy developed pur suant to said subsection (a).
Such policy shall be in effect until regulations are adopted pursuant to
this section, at which point such policy shall be supplanted by any such
regulation.
(c) (1) Not later than January 1, 2028, the Commissioner of Emergency
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Services and Public Protection shall, in consultation with the Police
Officer Standards and Training Council, adopt regulations, in
accordance with the provisions of chapter 54 of the general statutes, to
enact a policy that, at a minimum, satisfies the pr ovisions of
subdivisions (1) to (9), inclusive, of subsection (a) of this section and
section 13 of this act.
(2) Not later than January 1, 2033, and at least once during each five-
year period thereafter, the commissioner shall, in consultation with the
Police Officer Standards and Training Council, adopt regulations in
accordance with the provisions of chapter 54 of the general statutes.
Such regulations shall (A) comply with the provisions of this section and
section 13 of this act and shall not reduce or limit the protections
afforded by said sections or any minimum standards established by said
sections, and (B ) be based on a consideration of any changes in law,
technology and best practices since the previous adoption of regulations
pursuant to this section.
(3) Any regulation adopted pursuant to this section shall be binding
upon all law enforcement agencies.
Sec. 15. (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 those entities and the reason for
sharing the data, (D) times automated license plate reader da ta was
shared or accessed pursuant to a judicial warrant, (E) instances, if any,
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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 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.
(b) Each law enforcement agency shall, not later than January thirty -
first following a calendar year during which the law enforcement
agency used an automated license plate reader system pursuant to
subsection (b) of section 13 of this act, submit a report detailing such
usage to the Institute for Municipal and Regional Policy at The
University of Connecticut using the standardized form promulgated
pursuant to subsection (a) of this section and publish such report on the
law enforcement agency's Internet web site.
(c) Not later than 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 we b 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.
(d) Not later 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 Asse mbly having cognizance of matters
relating to public safety and the judiciary.
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Governor's Action:
Approved May 4, 2026