Use-of-Force Continuum: Connecticut Statutory Definitions
Training
Citation
Conn. Gen. Stat. § 53a-22, amended by Public Act No. 20-1
First enacted Oct. 1, 1971
Effective date Apr. 1, 2021
Summary and Notes
Amended statute defines when the use of physical force is justified in making arrest or preventing escape. Inserts requirement that use of deadly physical force must be "objectively reasonable under the circumstances." One factor to be considered in evaluating the reasonableness of a peace officer's actions includes whether the peace officer engaged in reasonable de-escalation measures. Amendment is effective April 1, 2021.
Relevant Excerpt
(b) Except as provided in subsection (a) or (d) of this section, a peace officer . . . is justified in using physical force upon another person when and to the extent that he or she reasonably believes such use to be necessary to: (1) Effect an arrest or prevent the escape from custody . . .; or (2) defend himself or herself or a third person from the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.
(c)
(1) Except as provided in subsection (d) of this section, a peace officer . . . is justified in using deadly physical force upon another person for the purposes specified in subsection (b) of this section only when his or her actions are objectively reasonable under the circumstances, and:
(A) He or she reasonably believes such use to be necessary to defend himself or herself or a third person from the use or imminent use of deadly physical force; or
(B) He or she (i) has exhausted the reasonable alternatives to the use of deadly physical force, (ii) reasonably believes that the force employed creates no substantial risk of injury to a third party, and (iii) reasonably believes such use of force to be necessary to (I) effect an arrest of a person whom he or she reasonably believes has committed or attempted to commit a felony which involved the infliction of serious physical injury, or (II) prevent the escape from custody of a person whom he or she reasonably believes has committed a felony which involved the infliction of serious physical injury and if, where feasible under this subdivision, he or she has given warning of his or her intent to use deadly physical force.
(2) For purposes of evaluating whether actions of a peace officer . . . are reasonable under subdivision (1) of this subsection, factors to be considered include, but are not limited to, whether (A) the person upon whom deadly physical force was used possessed or appeared to possess a deadly weapon, (B) the peace officer . . . engaged in reasonable de-escalation measures prior to using deadly physical force, and (C) any conduct of the peace officer . . . led to an increased risk of an occurrence of the situation that precipitated the use of such force.
Current statute that defines when use of physical force is justified in making arrest or preventing escape. Requires that a peace officer has a reasonable belief that use of force is necessary. Statute is effective until March 31, 2021.
(b) Except as provided in subsection (a) of this section, a peace officer . . . is justified in using physical force upon another person when and to the extent that he or she reasonably believes such to be necessary to: (1) Effect an arrest or prevent the escape from custody. . . ; or (2) defend himself or herself or a third person from the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.
(c) A peace officer . . . is justified in using deadly physical force upon another person for the purposes specified in subsection (b) of this section only when he or she reasonably believes such to be necessary to: (1) Defend himself or herself or a third person from the use or imminent use of deadly physical force; or (2) (A) effect an arrest of a person whom he or she reasonably believes has committed or attempted to commit a felony which involved the infliction or threatened infliction of serious physical injury, or (B) prevent the escape from custody of a person whom he or she reasonably believes has committed a felony which involved the infliction or threatened infliction of serious physical injury and if, where feasible under this subdivision, he or she has given warning of his or her intent to use deadly physical force.