Connecticut HB 5428: AN ACT CONCERNING THE POWERS AND DUTIES OF THE OFFICE OF THE INSPECTOR GENERAL.
Status: FILE NO. 599 (as of 2026-04-13)
State: Connecticut · Session: 2026 · Bill: HB 5428
Subjects: Chief State's Attorney, Correction Department, Criminal Justice Division, Deadly physical force, Death, Electronic government information, Inspector General, Office of, Investigations, Law enforcement, Peace officers, Physical force, Reports, Wrongful death
Sponsors: Antonio Felipe
Bill Text
LCO 1 of 6 General Assembly Substitute Bill No. 5428 February Session, 2026 AN ACT CONCERNING THE POWERS AND DUTIES OF THE OFFICE OF THE INSPECTOR GENERAL. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 51-277a of the 2026 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective from passage): 3 (a) (1) Whenever a peace officer, in the performance of such officer's 4 duties, uses physical force upon another person and such person dies as 5 a result thereof or uses deadly physical force, as defined in section 53a-6 3, upon another person, the Division of Criminal Justice shall cause an 7 investigation to be made and the Inspector General shall have the 8 responsibility of determining whether the use of physical force by the 9 peace officer was justifiable under section 53a-22. The use of an 10 electronic defense weapon, as defined in section 53a-3, by a peace officer 11 shall not be considered deadly physical force for purposes of this 12 section. 13 (2) (A) Except as provided under subdivision (1) of this subsection, 14 whenever a person dies [in the] within the physical custody of a peace 15 officer or law enforcement agency, the Inspector General shall 16 investigate and determine whether physical force was used by a peace 17 officer upon the deceased person, and if so, whether the use of physical 18 force by the peace officer was justifiable under section 53a-22. If the 19 Substitute Bill No. 5428 LCO 2 of 6 Inspector General determines the deceased person may have died as a 20 result of criminal action not involving the use of force by a peace officer, 21 the Inspector General shall refer such case to the Chief State's Attorney 22 or a state's attorney for potential prosecution. 23 (B) Except as provided under subdivision (1) of this subsection or 24 subparagraph (A) of subdivision (2) of this subsection, whenever a 25 person dies [in the] within the physical custody of the Commissioner of 26 Correction, the Inspector General shall investigate and determine 27 whether the deceased person may have died as a result of criminal 28 action, and, if so, refer such case to the Chief State's Attorney or a state's 29 attorney for potential prosecution. The Inspector General may issue a 30 report concerning the death of such person, which may include, but 31 need not be limited to, any recommended future action to be taken by 32 said commissioner. 33 (3) Whenever a person who (A) is a next of kin of a deceased person, 34 (B) is not notified of such deceased person's death as required pursuant 35 to section 7-294mm and no other person who is a next of kin of the 36 deceased person was so notified, and (C) requests of the Office of the 37 Inspector General an investigation of the lack of notification or timely 38 notification of such death, the Inspector General shall investigate and 39 determine whether there was any malfeasance on the part of a peace 40 officer or a supervisor of the peace officer in the failure to provide such 41 notification or timely notification, and if so, may make 42 recommendations to the Police Officer Standards and Training Council 43 established under section 7-294b concerning censure, suspension, 44 renewal, cancelation or revocation of the peace officer's or supervisor's 45 certification, provided any such recommendation may be made to said 46 council only in a case where such failure is found to be intentional or 47 made with reckless indifference. If there is no finding that such failure 48 was intentional or made with reckless indifference, a recommendation 49 may be made to the officer's or supervisor's employing agency for any 50 further disciplinary action as so determined by such employing agency. 51 (4) The Inspector General shall request the appropriate law 52 Substitute Bill No. 5428 LCO 3 of 6 enforcement agency to provide such assistance as is necessary to 53 investigate and make a determination under subdivision (1), (2) or (3) of 54 this subsection. 55 (5) Whenever a peace officer, in the performance of such officer's 56 duties, uses physical force or deadly physical force upon another person 57 and such person dies as a result thereof, the Inspector General shall 58 complete a preliminary status report that shall include, but need not be 59 limited to, (A) the name of the deceased person, (B) the gender, race, 60 ethnicity and age of the deceased person, (C) the date, time and location 61 of the injury causing such death, (D) the law enforcement agency 62 involved, (E) the status on the toxicology report, if available, and (F) the 63 death certificate, if available. The Inspector General shall complete the 64 report and submit a copy of such report not later than five business days 65 after the cause of the death is available to the Chief State's Attorney and, 66 in accordance with the provisions of section 11-4a, to the joint standing 67 committees
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