State Senate leader questions constitutionality of police bill aspects
HARTFORD — Just hours after the new police reform bill passed through the state House of Representatives, a section is being questioned by a ranking member of the state Senate.
Len Fasano, the Senate minority leader, is seeking a legal opinion from Attorney General William Tong on the creation of the Office of Inspector General. He asked Tong to quickly review the bill and issue an opinion because the Senate is expected to discuss the bill beginning Tuesday, at which time they may also vote on it.
“We have received Sen. Fasano’s request and will respond accordingly,” said Elizabeth Benton, a spokesman for the Attorney General.
In his letter, Fasano, a Republican whose district includes East Haven and North Haven, points out the creation of the Office of Inspector General appears to run afoul of Article XXIII of the state Constitution. That section vests the Division of Criminal Justice, the Chief State’s attorney and the individual States’s Attorney offices with investigating and prosecuting criminal cases.
The Senate minority leader pointed out the bill creates an independent Office of Inspector General “within the Division of Criminal Justice” and “authorizes it to prosecute any case in which it determines a peace officer unjustifiably used force.”
“I ask your legal opinion as to whether these or any other provisions related to independence run afoul of our constitution,” Fasano wrote.
Fasano also questioned whether the bill’s requirement that the legislature and not the Criminal Justice Commission also violates the Constitution.
Finally, he asked the impact of the legislature appointing a person who is not a State’s Attorney.
The House passed the bill by an 86-58 vote early Friday morning after debating it for nearly eight hours.
Among it provisions includes one which allows for officers to lose certification if they are fired from one department. This would prevent them from seeking work with another department. Another aspect prevents officers from seeking permission to search a vehicle during typical motor vehicle stops.