Bill Text: CT HB06662 | 2017 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Revocation Of Pensions Of Police Officers Who Commit Any Crime Related To Employment.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-04-11 - No Action [HB06662 Detail]
Download: Connecticut-2017-HB06662-Comm_Sub.html
General Assembly |
||
January Session, 2017 |
*_____HB06662LAB___031317____* |
AN ACT CONCERNING THE REVOCATION OF PENSIONS OF POLICE OFFICERS WHO COMMIT ANY CRIME RELATED TO EMPLOYMENT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 1-110 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
As used in sections 1-110 to 1-110d, inclusive:
(1) "Public official" means public official, as defined in section 1-79, a judge of any court either elected or appointed, and any elected or appointed municipal official;
(2) "State or municipal employee" means state employee, as defined in section 5-154, and includes an employee of any quasi-public agency, as defined in section 1-120, or any person, whether appointed or under contract, who provides services for a city, town or other political subdivision of the state for which a pension is provided; [and]
(3) "Crime related to state or municipal office" means any of the following criminal offenses committed by a person while serving as a public official or state or municipal employee:
(A) The committing, aiding or abetting of an embezzlement of public funds from the state, a municipality or a quasi-public agency;
(B) The committing, aiding or abetting of any felonious theft from the state, a municipality or a quasi-public agency;
(C) Bribery in connection with service as a public official or state or municipal employee; [or]
(D) The committing of any felony by such person who, wilfully and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain or advantage for himself or herself or for some other person, through the use or attempted use of the power, rights, privileges or duties of his or her position as a public official or state or municipal employee; [.] or
(E) If the state or municipal employee is a peace officer, as defined in section 53a-3, in addition to the offenses specified in subparagraphs (A) to (D), inclusive, of this subdivision, any crime related to such officer's inappropriate use of physical force, in violation of section 53a-22; and
(4) "Peace officer" has the same meaning as used in section 53a-3.
Sec. 2. Section 1-110a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Notwithstanding any provision of the general statutes, on or after October 1, 2008, if any public official, [or] state or municipal employee or peace officer is convicted of or pleads guilty or nolo contendere to any crime related to state or municipal office in state criminal or federal criminal court, the Attorney General shall apply to the Superior Court for an order to revoke or reduce the pension of any kind to which such public official, [or] state or municipal employee or peace officer is otherwise entitled under the general statutes for service as a public official, [or] state or municipal employee or peace officer.
(b) In determining whether the pension shall be revoked or reduced, the Superior Court shall consider and make findings on the following factors:
(1) The severity of the crime related to state or municipal office for which the public official, [or] state or municipal employee or peace officer has been convicted or to which the public official, [or] state or municipal employee or peace officer has pled guilty or nolo contendere;
(2) [The] Except in the case of any crime related to a peace officer's inappropriate use of physical force, in violation of section 53a-22, the amount of monetary loss suffered by the state, a municipality or a quasi-public agency or by any other person as a result of the crime related to state or municipal office;
(3) The degree of public trust reposed in the public official, [or] state or municipal employee or peace officer by virtue of the person's position as a public official, [or] state or municipal employee or peace officer;
(4) [If] Except in the case of any crime related to a peace officer's inappropriate use of physical force, in violation of section 53a-22, if the crime related to state or municipal office was part of a fraudulent scheme against the state or a municipality, the role of the public official, [or] state or municipal employee or peace officer in the fraudulent scheme against the state or a municipality; and
(5) Any such other factors as, in the judgment of the Superior Court, justice may require.
(c) If the court determines, or the Attorney General certifies, that a public official, [or] state or municipal employee [,] or peace officer who was convicted of or pled guilty or nolo contendere to a crime related to state or municipal office, voluntarily provided information to the Attorney General, the Auditors of Public Accounts or any state, federal or local law enforcement official concerning the commission of such crime related to state or municipal office by another public official, [or] state or municipal employee or peace officer who had a greater degree of culpability for such crime than the public official, [or] state or municipal employee or peace officer providing such information, the court shall not reduce or revoke the pension of such public official, [or] state or municipal employee [,] or peace officer provided such public official, [or] state or municipal employee or peace officer voluntarily provided such information prior to learning of a criminal investigation into such crime related to state or municipal office.
(d) If the Superior Court determines that the pension of a public official, [or] state or municipal employee or peace officer should be reduced, it may, after taking into consideration the financial needs and resources of any innocent spouse, dependents and designated beneficiaries of the public official, [or] state or municipal employee [,] or peace officer order that some or all of the reduced pension be paid to any such innocent spouse, dependent or beneficiary as justice may require.
(e) If the Superior Court determines that the pension of such public official, [or] state or municipal employee or peace officer should not be revoked or reduced, it shall order that the retirement or other benefit or payment be made to such public official, [or] state or municipal employee or peace officer.
(f) In all criminal proceedings in state or federal court in which the defendant is a public official, [or] a state or municipal employee or peace officer who is charged with a crime related to state or municipal office, the Attorney General shall notify the prosecutor of the existence of the pension revocation statute and the possibility that any fine, restitution or other monetary order made by the court may be paid from such official's or employee's pension.
(g) If any provision, clause or phrase of this section or of any order or any action of the Attorney General hereunder is adjudged by any court of competent jurisdiction to be invalid, or if the applicability thereof to any person or circumstance is held invalid, such judgment shall not invalidate the remainder of this section or such order or action, and the applicability thereof to other persons and circumstances shall not be affected thereby.
(h) A peace officer shall be immediately suspended without pay by the appropriate law enforcement agency upon the commencement of an investigation under section 51-277a of whether such officer's use of physical force was appropriate under section 53a-22. If the Attorney General applies to the Superior Court for an order to revoke or reduce the pension of such police officer pursuant to subsection (a) of this section, such suspension without pay shall continue until a determination has been made by the Superior Court concerning the pension of such peace officer in accordance with this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2017 |
1-110 |
Sec. 2 |
October 1, 2017 |
1-110a |
Statement of Legislative Commissioners:
In Section 1(3)(E), "state or municipal official" was changed to "state or municipal employee" to conform with the definition of "state or municipal employee" in Section 1(2).
LAB |
Joint Favorable Subst. -LCO |