Sec. 46b-38b. Investigation of family violence crime by peace officer. Arrest. Assistance to victim. Guidelines. Education and training program.
Sec. 46b-38b. Investigation of family violence crime by peace officer. Arrest.
Assistance to victim. Guidelines. Education and training program. (a) Whenever a
peace officer determines upon speedy information that a family violence crime, except
a family violence crime involving a dating relationship, has been committed within such
officer's jurisdiction, such officer shall arrest the person or persons suspected of its
commission and charge such person or persons with the appropriate crime. The decision
to arrest and charge shall not (1) be dependent on the specific consent of the victim, (2)
consider the relationship of the parties, or (3) be based solely on a request by the victim.
Whenever a peace officer determines that a family violence crime has been committed,
such officer may seize any firearm or electronic defense weapon, as defined in section
53a-3, at the location where the crime is alleged to have been committed that is in the
possession of any person arrested for the commission of such crime or suspected of its
commission or that is in plain view. Not later than seven days after any such seizure,
the law enforcement agency shall return such firearm or electronic defense weapon in
its original condition to the rightful owner thereof unless such person is ineligible to
possess such firearm or electronic defense weapon or unless otherwise ordered by the
court.
(b) No peace officer investigating an incident of family violence shall threaten,
suggest or otherwise indicate the arrest of all parties for the purpose of discouraging
requests for law enforcement intervention by any party. Where complaints are made by
two or more opposing parties, the officer shall evaluate each complaint separately to
determine whether such officer should make an arrest or seek a warrant for an arrest.
Notwithstanding the provisions of subsection (a) of this section, when a peace officer
reasonably believes that a party in an incident of family violence has used force as a
means of self defense, such officer is not required to arrest such party under this section.
(c) No peace officer shall be held liable in any civil action regarding personal injury
or injury to property brought by any party to a family violence incident for an arrest
based on probable cause or for any conditions of release imposed pursuant to subsection
(b) of section 54-63c.
(d) It shall be the responsibility of the peace officer at the scene of a family violence
incident to provide immediate assistance to the victim. Such assistance shall include, but
not be limited to: (1) Assisting the victim to obtain medical treatment if such treatment is
required; (2) notifying the victim of the right to file an affidavit or warrant for arrest;
and (3) informing the victim of services available and referring the victim to the Office
of Victim Services. In cases where the officer has determined that no cause exists for
an arrest, assistance shall include: (A) Assistance as provided in subdivisions (1) to (3),
inclusive, of this subsection; and (B) remaining at the scene for a reasonable time until,
in the reasonable judgment of the officer, the likelihood of further imminent violence
has been eliminated.
(e) Each law enforcement agency shall develop, in conjunction with the Division
of Criminal Justice, and implement specific operational guidelines for arrest policies
in family violence incidents. Such guidelines shall include, but not be limited to: (1)
Procedures for the conduct of a criminal investigation; (2) procedures for arrest and
for victim assistance by peace officers; (3) education as to what constitutes speedy
information in a family violence incident; (4) procedures with respect to the provision
of services to victims; and (5) such other criteria or guidelines as may be applicable to
carry out the purposes of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and
54-1g. Such procedures shall be duly promulgated by such law enforcement agency.
(f) The Police Officer Standards and Training Council, in conjunction with the Division of Criminal Justice, shall establish an education and training program for law enforcement officers, supervisors and state's attorneys on the handling of family violence
incidents. Training under such program shall: (1) Stress the enforcement of criminal
law in family violence cases and the use of community resources, and include training
for peace officers at both recruit and in-service levels; and (2) include, but not be limited
to: (A) The nature, extent and causes of family violence; (B) legal rights of and remedies
available to victims of family violence and persons accused of family violence; (C)
services and facilities available to victims and batterers; (D) legal duties imposed on
police officers to make arrests and to offer protection and assistance; and (E) techniques
for handling incidents of family violence that minimize the likelihood of injury to the
officer and promote the safety of the victim.
(P.A. 86-337, S. 2; P.A. 87-554; 87-567, S. 2, 7; 87-589, S. 13, 87; P.A. 95-108, S. 15; P.A. 96-246, S. 32; P.A. 99-186, S. 3; P.A. 00-196, S. 58; P.A. 02-120, S. 1; P.A. 04-66, S. 1; P.A. 07-123, S. 2, 7.)
History: P.A. 87-554 substituted commission on victim services for criminal injuries compensation board; P.A. 87-567 added "as defined in subdivision (3) of section 46b-38a" after "family violence crime" and deleted former provision
of Subsec. (e) re release of person arrested in family violence case; P.A. 87-589 made technical change in Subsec. (d);
P.A. 95-108 amended Subsec. (f) to rename Municipal Police Training Council as Police Officer Standards and Training
Council; P.A. 96-246 amended Subsec. (e) by deleting references to Subsec. (e) of Sec. 17a-101 and Sec. 17a-107; P.A.
99-186 amended Subsec. (a) to exclude a family violence crime involving a dating relationship from provision requiring
peace officer to make an arrest when a family violence crime has been committed, to add provision authorizing a peace
officer to seize any firearm in possession of any person or in plain view at the crime scene, to add provision requiring the
law enforcement agency to return any such seized firearm in its original condition to the rightful owner within 48 hours
unless the person is ineligible to possess such firearm or unless otherwise ordered by the court, and to make technical
changes for purposes of gender neutrality; P.A. 00-196 changed reference to "Commission on" to "Office of" Victim
Services in Subsec. (d); P.A. 02-120 amended Subsec. (a) to make a technical change, to authorize seizure of a firearm
whenever a peace officer "determines that a family violence crime has been committed" rather than whenever the officer
"makes an arrest under this subsection", to authorize seizure of a firearm that is in the possession of any person suspected
of the commission of a family violence crime and to extend from 48 hours to 7 days the time period after seizure for the
law enforcement agency to return the firearm to its rightful owner; P.A. 04-66 amended Subsec. (b) by replacing "received
from" with "made by", replacing "he should seek a warrant" with "such officer should make an arrest or seek a warrant"
and adding provision re use of force as means of self defense and made technical changes in Subsecs. (a), (d), (e) and (f);
P.A. 07-123 amended Subsec. (a) to make provisions re seizure and return of a firearm applicable to an electronic defense
weapon and amended Subsec. (c) to provide that a peace officer shall not be held liable for any conditions of release
imposed pursuant to Sec. 54-63c(b).
Cited. 43 CS 441. Cited. 44 CS 121. Creation of a class of victims and defendants does not affect the prosecution of
any crime, does not afford victim greater rights with regard to defendant's prosecution, and is a legitimate classification,
being neither arbitrary nor irrational, and thus does not violate equal protection rights. 46 CS 598.
Subsec. (d):
Cited. 23 CA 657.