Bill Text: CT HB06417 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning Constables Who Perform Criminal Law Enforcement Duties.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-03-15 - Favorable Change of Reference, Senate to Committee on Judiciary [HB06417 Detail]
Download: Connecticut-2011-HB06417-Comm_Sub.html
General Assembly |
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January Session, 2011 |
*_____HB06417PS_JUD031011____* |
AN ACT CONCERNING CONSTABLES WHO PERFORM CRIMINAL LAW ENFORCEMENT DUTIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-1f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) For purposes of this section, the respective precinct or jurisdiction of a state marshal or judicial marshal shall be wherever such marshal is required to perform duties. Peace officers, as defined in subdivision (9) of section 53a-3, in their respective precincts, shall arrest, without previous complaint and warrant, any person for any offense in their jurisdiction, when the person is taken or apprehended in the act or on the speedy information of others, provided that no constable elected pursuant to the provisions of section 9-200 shall be considered a peace officer for the purposes of this subsection, unless the town in which such constable holds office provides, by ordinance, that constables shall be considered peace officers for the purposes of this subsection.
(b) Members of the Division of State Police within the Department of Public Safety or of any local police department or any chief inspector or inspector in the Division of Criminal Justice shall arrest, without previous complaint and warrant, any person who the officer has reasonable grounds to believe has committed or is committing a felony.
(c) Any constable, who is certified under the provisions of sections 7-294a to 7-294e, inclusive, and performs criminal law enforcement duties, shall arrest, without previous complaint and warrant, any person who the constable has reasonable grounds to believe has committed or is committing a felony.
[(c)] (d) Members of any local police department or the Office of State Capitol Police and constables and state marshals who are certified under the provisions of sections 7-294a to 7-294e, inclusive, and who perform criminal law enforcement duties, when in immediate pursuit of one who may be arrested under the provisions of this section, are authorized to pursue the offender outside of their respective precincts into any part of the state in order to effect the arrest. Such person may then be returned in the custody of such officer to the precinct in which the offense was committed.
[(d)] (e) Any person arrested pursuant to this section shall be presented with reasonable promptness before proper authority.
Sec. 2. Section 30-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
The Department of Consumer Protection shall refuse permits for the sale of alcoholic liquor to the following persons: (1) Any state marshal, judicial marshal, judge of any court, prosecuting officer or member of any police force, (2) any first selectman holding office and acting as a chief of police in the town within which the permit premises are to be located, (3) a minor, and (4) any constable who performs criminal law enforcement duties and is considered a peace officer by town ordinance pursuant to the provisions of subsection (a) of section 54-1f, as amended by this act, any constable who is certified under the provisions of sections 7-294a to 7-294e, inclusive, who performs criminal law enforcement duties pursuant to the provisions of subsection [(c)] (d) of section 54-1f, as amended by this act, or any special constable appointed pursuant to section 7-92. This section shall not apply to out-of-state shippers', boat and airline permits. As used in this section, "minor" means a minor as defined in section 1-1d or as defined in section 30-1, whichever age is older.
Sec. 3. Subsection (c) of section 54-33a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(c) A warrant may issue only on affidavit sworn to by the complainant or complainants before the judge or judge trial referee and establishing the grounds for issuing the warrant, which affidavit shall be part of the arrest file. If the judge or judge trial referee is satisfied that grounds for the application exist or that there is probable cause to believe that [they] such grounds exist, the judge or judge trial referee shall issue a warrant identifying the property and naming or describing the person, place or thing to be searched. The warrant shall be directed to any police officer of a regularly organized police department or any state police officer, to an inspector in the Division of Criminal Justice, [or to a] to any conservation officer, special conservation officer or patrolman acting pursuant to section 26-6 or to any constable who is certified under the provisions of sections 7-294a to 7-294e, inclusive, and performs criminal law enforcement duties. The warrant shall state the date and time of its issuance and the grounds or probable cause for its issuance and shall command the officer to search within a reasonable time the person, place or thing named, for the property specified. The inadvertent failure of the issuing judge or judge trial referee to state on the warrant the time of its issuance shall not in and of itself invalidate the warrant.
Sec. 4. Section 53a-130a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) A person is guilty of impersonation of a police officer when [he] such person pretends to be a sworn member of an organized local police department or the Division of State Police within the Department of Public Safety or a constable who performs criminal law enforcement duties, or wears or displays without authority any uniform, badge or shield by which such police officer or such constable is lawfully distinguished, with intent to induce another person to submit to such pretended official authority or otherwise to act in reliance upon that pretense.
(b) Impersonation of a police officer is a class D felony.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
54-1f |
Sec. 2 |
October 1, 2011 |
30-45 |
Sec. 3 |
October 1, 2011 |
54-33a(c) |
Sec. 4 |
October 1, 2011 |
53a-130a |
PS |
Joint Favorable Subst. C/R |
JUD |