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Senate Bill No. 449

PUBLIC ACT NO. 96-219

AN ACT CONCERNING THE OFFICE OF STATE CAPITOL POLICE.

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

Section 1. Section 2-1f of the general statutes is repealed and the following is substituted in lieu thereof:

(a) [The Joint Committee on Legislative Management shall maintain an Office of State Capitol Security. It shall appoint a state police officer as chief security officer and such additional State Capitol police officers, subject to the provisions of section 29-18, as it may deem advisable to] THERE IS ESTABLISHED AN OFFICE OF STATE CAPITOL POLICE WITHIN THE LEGISLATIVE DEPARTMENT WHICH SHALL ensure the orderly operation of the House and Senate, the joint standing committees thereof and the security of the State Capitol building and grounds, the Legislative Office Building and parking garage and related structures, grounds and parking facilities and other buildings, facilities and areas under the supervision and control of the [joint committee] JOINT COMMITTEE ON LEGISLATIVE MANAGEMENT. [Each such State Capitol police officer shall be responsible to the chief security officer and shall serve under his direction or the direction of the joint committee.]

(b) [Such] State Capitol police officers shall be certified as provided in section 7-294d, AS AMENDED, SHALL HAVE THE SAME DUTIES, RESPONSIBILITIES AND AUTHORITY UNDER SECTIONS 7-281, 14-8 AND 54-1f, AS AMENDED BY SECTION 10 OF THIS ACT, AND TITLE 53a AS MEMBERS OF A DULY ORGANIZED LOCAL POLICE DEPARTMENT and shall have jurisdiction to act in the performance of their duties anywhere within the state.

(c) The joint committee [, in consultation with the Commissioner of Public Safety,] may adopt rules regarding the organization, supervision and operations of the Office of State Capitol Security, prescribing the qualifications, training and duties of the State Capitol police officers and all other matters relating to the performance of their responsibilities.

[(d) The Commissioner of Public Safety shall submit, upon request from the joint committee, a list of not less than three nor more than five names of state police officers qualified to be chief security officer.]

(d) STATE CAPITOL POLICE OFFICERS SHALL BE SUBJECT TO THE PROVISIONS OF CHAPTER 67. THE PROVISIONS OF PART V OF CHAPTER 104 AND SECTION 7-433c SHALL NOT APPLY TO SUCH OFFICERS.

(e) THE OFFICE OF STATE CAPITOL POLICE SHALL HAVE ACCESS TO, AND USE OF, THE CONNECTICUT ON-LINE LAW ENFORCEMENT COMMUNICATIONS TELEPROCESSING SYSTEM WITHOUT CHARGE.

Sec. 2. Subsection (b) of section 7-277a of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The chief executive officer of any institution which maintains a special police force, established under the provisions of section 10a-142, AND THE CHIEF OF POLICE OF THE OFFICE OF STATE CAPITOL POLICE, ESTABLISHED UNDER THE PROVISIONS OF SECTION 2-1f, AS AMENDED BY SECTION 1 OF THIS ACT [4m, [0m may enter into an agreement with one or more municipalities to furnish or receive police assistance under the same conditions and terms specified in subsection (a) for agreements between municipalities.

Sec. 3. Section 2-1d of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of interfering with the legislative process when he: (1) Alone or in concert with others, either by force, physical interference, fraud, intimidation or by means of any unlawful act, with intent to do so, prevents or attempts to prevent the General Assembly, either house thereof, or any committee of the General Assembly or either house thereof, from meeting; (2) Alone or in concert with others, with intent to do so, disturbs, disrupts or interferes with, or attempts to disturb, disrupt or interfere with, any session, meeting or proceeding of the General Assembly or either house thereof or any committee of the General Assembly or either house thereof, whether within or outside the presence of said General Assembly, either house thereof or any such committee by (A) engaging in violent, tumultuous or threatening behavior; or (B) using abusive or obscene language or making an obscene gesture; or (C) making unreasonable noise; or (D) refusing to comply with a lawful order of the police or a member of the Office of State Capitol [Security] POLICE to disperse; or (E) performing any other act which disturbs, disrupts or interferes with any such session, meeting or proceeding; (3) Alone or in concert with others, without legal authority takes, obtains, withholds, destroys, defaces or alters any official document or record of the General Assembly, either house thereof or any committee of the General Assembly, or either house thereof, which disrupts or interferes with the functioning of said General Assembly or committee or either house thereof; (4) Alone or in concert with others, and without legal authority, takes, obtains, withholds, destroys or defaces any real or personal property owned or used by the General Assembly, either house thereof or any committee or agency of the General Assembly or either house thereof; (5) Alone or in concert with others, and without legal authority or proper authorization, refuses to leave any part of the chamber, galleries or offices of the General Assembly or either house thereof, or the building in which such chamber, galleries or any such office is located, or within or upon any office or residence of any member of the General Assembly, or within or upon any room or building in which a legislative hearing or meeting is being conducted, upon a lawful order of the police or a member of the Office of State Capitol [Security] POLICE to disperse, leave or move to an area he designates; (6) Alone or in concert with others, pickets inside any building in which the chamber, galleries or offices of the General Assembly or either house thereof is located, or in which the office or residence of any member of the General Assembly is located, or in which a legislative hearing or meeting is being conducted.

(b) Interference with the legislative process under the provisions of this section is a class A misdemeanor.

Sec. 4. Subsection (c) of section 2-1e of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Notwithstanding the provisions of sections 29-35 and 53-206, (1) a person, other than a state or local police officer, a member of the Office of State Capitol [Security] POLICE or a police officer of any other state or of the federal government, who is carrying out official duties in this state, or any person summoned by any such officer to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer, while such officer is in the performance of his official duties or any member of the armed forces of the United States, as defined by section 27-103, AS AMENDED or of this state, as defined by section 27-2, in the performance of official duties, or any veteran, as defined by section 27-103, AS AMENDED performing in uniform as a member of an official ceremonial unit, is guilty of interfering with the legislative process when he, alone or in concert with others, brings into, or possesses within, any building in which the chamber of either house of the General Assembly is located or in which the official office of any member, officer or employee of the General Assembly or the office of any committee of the General Assembly or either house thereof is located or any building in which a committee of the General Assembly is holding a public hearing, any weapon, whether loaded or unloaded, from which a shot may be discharged, or a billy; and (2) any person is guilty of interfering with the legislative process when he, alone or in concert with others, brings into, or possesses within, any such building, a switchblade, gravity knife, blackjack, bludgeon, metal knuckles or any other dangerous or deadly weapon or instrument, or any explosive or incendiary or other dangerous device.

Sec. 5. Subsection (a) of section 2-71h of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The supervision, security, utilization and control of the State Capitol building, the State Capitol grounds and parking facilities, exclusive of the present offices and parking facilities of the Governor, Lieutenant Governor, Secretary of the State and Secretary of the Office of Policy and Management and their respective staffs, the Legislative Office Building and parking garage and related structures and the grounds and parking facilities thereon, and other facilities and areas made available to or used by the committee shall be as determined by the Joint Committee on Legislative Management. The Joint Committee on Legislative Management shall maintain such buildings, related structures, grounds and parking facilities. The Joint Committee on Legislative Management shall adopt regulations (1) for the maintenance of order within such buildings and related structures and on such grounds and on those grounds, buildings and facilities made available for the use of said committee and (2) establishing the regular business hours for such buildings and all offices housed within such buildings. Any person violating any such regulations shall be fined not more than one hundred dollars. The enforcement of such regulations shall be by the Office of STATE Capitol [Security] POLICE. Notwithstanding the provisions of this subsection, the Commissioner of Public Works may provide for additional parking on land under the control of the Joint Committee on Legislative Management with the approval of said committee.

Sec. 6. Subsection (a) of section 5-142 of the general statutes, as amended by section 5 of public act 95-195 and section 11 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) If any member of the Division of State Police within the Department of Public Safety or of any correctional institution, or any institution or facility of the Department of Mental Health and Addiction Services giving care and treatment to persons afflicted with a mental disorder or disease, or any institution for the care and treatment of persons afflicted with any mental defect, or any full-time enforcement officer of the Department of Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, AS AMENDED the Office of Adult Probation, the Department of Public Works or the Board of Parole, any probation officer for juveniles or any employee of any juvenile detention home, any member of the police or fire security force of The University of Connecticut, any member of the police or fire security force of Bradley International Airport, any member of the Office of State Capitol [Security] POLICE or any person appointed under section 29-18 as a special policeman for the State Capitol building and grounds and the Legislative Office Building and parking garage and related structures and facilities and other areas under the supervision and control of the Joint Committee on Legislative Management, the Chief State's Attorney, the Chief Public Defender, the Deputy Chief State's Attorney, the Deputy Chief Public Defender, any state's attorney, any assistant state's attorney or deputy assistant state's attorney, any public defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286 or any staff member or employee of the Division of Criminal Justice or of the Division of Public Defender Services, or any Judicial Department employee sustains any injury (1) while making an arrest or in the actual performance of such police duties or guard duties or fire duties or inspection duties, or prosecution or public defender or courthouse duties, or while attending or restraining an inmate of any such institution or as a result of being assaulted in the performance of his duty and (2) that is a direct result of the special hazards inherent in such duties, the state shall pay all necessary medical and hospital expenses resulting from such injury. If total incapacity results from such injury, such person shall be removed from the active payroll the first day of incapacity, exclusive of the day of injury, and placed on an inactive payroll. He shall continue to receive the full salary which he was receiving at the time of injury subject to all salary benefits of active employees, including annual increments, and all salary adjustments, including salary deductions, required in the case of active employees, for a period of two hundred sixty weeks from the date of the beginning of such incapacity. Thereafter, such person shall be removed from the payroll and shall receive compensation at the rate of fifty per cent of the salary which he was receiving at the expiration of said two hundred sixty weeks so long as he remains so disabled, except that any such person who is a member of the Division of State Police within the Department of Public Safety shall receive compensation at the rate of sixty-five per cent of such salary so long as he remains so disabled. Such benefits shall be payable to a member of the Division of State Police after two hundred sixty weeks of disability only if the member elects in writing to receive such benefits in lieu of any benefits payable to the employee under the state employees retirement system. In the event that such disabled member of the Division of State Police elects the compensation provided under this subsection, no benefits shall be payable under chapter 568 or the state employees retirement system until the former of the employee's death or recovery from such disability. The provisions of section 31-293 shall apply to any such payments, and the state of Connecticut is authorized to bring an action or join in an action as provided by said section for reimbursement of moneys paid and which it is obligated to pay under the terms of this subsection. All other provisions of the workers' compensation law not inconsistent herewith, including the specific indemnities and provisions for hearing and appeal, shall be available to any such state employee or the dependents of such a deceased employee. All payments of compensation made to a state employee under this subsection shall be charged to the appropriation provided for compensation awards to state employees. On and after October 1, 1991, any full-time officer of the Department of Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, AS AMENDED the Office of Adult Probation, the Department of Public Works or the Board of Parole, any probation officer for juveniles or any employee of any juvenile detention home, the Chief State's Attorney, the Chief Public Defender, the Deputy Chief State's Attorney, the Deputy Chief Public Defender, any state's attorney, assistant state's attorney or deputy assistant state's attorney, any public defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286 or any staff member or employee of the Division of Criminal Justice or the Division of Public Defender Services, or any Judicial Department employee who sustains any injury in the course and scope of his employment shall be paid compensation in accordance with the provisions of section 5-143 and chapter 568, except, if such injury is sustained as a result of being assaulted in the performance of his duty, any such person shall be compensated pursuant to the provisions of this subsection.

Sec. 7. Section 5-145a of the general statutes, as amended by section 20 of public act 95-257, is repealed and the following is substituted in lieu thereof:

Any condition of impairment of health caused by hypertension or heart disease resulting in total or partial disability or death to a member of the security force or fire department of The University of Connecticut or the aeronautics operations of the Department of Transportation, or to a member of the Office of State Capitol [Security] POLICE or any person appointed under section 29-18 as a special policeman for the State Capitol building and grounds, the Legislative Office Building and parking garage and related structures and facilities, and other areas under the supervision and control of the Joint Committee on Legislative Management, or to state personnel engaged in guard or instructional duties in the Connecticut Correctional Institution, Somers, Connecticut Correctional Institution, Enfield-Medium, the Carl Robinson Correctional Institution, Enfield, John R. Manson Youth Institution, Cheshire, the Connecticut Correctional Institution, Niantic, the Connecticut Correctional Center, Cheshire, or the community correctional centers, or to any employee of the Whiting Forensic Division with direct and substantial patient contact, or to any detective, chief inspector or inspector in the Division of Criminal Justice or chief detective, or to any state employee designated as a hazardous duty employee pursuant to an applicable collective bargaining agreement who successfully passed a physical examination on entry into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in the performance of his duty and shall be compensable in accordance with the provisions of chapter 568, except that for the first three months of compensability the employee shall continue to receive the full salary which he was receiving at the time of injury in the manner provided by the provisions of section 5-142 AS AMENDED BY SECTION 6 OF THIS ACT. Any such employee who began such service prior to June 28, 1985, and was not covered by the provisions of this section prior to said date shall not be required, for purposes of this section, to show proof that he successfully passed a physical examination on entry into such service.

Sec. 8. Subsection (c) of section 29-8a of the general statutes is repealed and the following is substituted in lieu thereof:

(c) As used in this section, state policeman includes a member of the Office of STATE Capitol [Security] POLICE or any person appointed under section 29-18 as a special policeman for the State Capitol building and grounds, the Legislative Office Building and parking garage and related structures and facilities, and other areas under the supervision and control of the Joint Committee on Legislative Management.

Sec. 9. Section 53-39a of the general statutes is repealed and the following is substituted in lieu thereof:

Whenever, in any prosecution of an officer of the division of state police within the Department of Public Safety, or a member of the Office of STATE Capitol [Security] POLICE or any person appointed under section 29-18 as a special policeman for the State Capitol building and grounds, the Legislative Office Building and parking garage and related structures and facilities, and other areas under the supervision and control of the Joint Committee on Legislative Management, or a local police department for a crime allegedly committed by such officer in the course of his duty as such, the charge is dismissed or the officer found not guilty, such officer shall be indemnified by his employing governmental unit for economic loss sustained by him as a result of such prosecution, including the payment of any legal fees necessarily incurred.

Sec. 10. Subsection (c) of section 54-1f of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Members of any local police department or the Office of State Capitol [Security] POLICE, sheriffs, deputy sheriffs, special deputy sheriffs and constables who are certified under the provisions of sections 7-294a to 7-294e, inclusive, AS AMENDED 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.

Approved June 4, 1996. Effective October 1, 1996.

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