2019 Division of Criminal Justice Legislative Recommendations

STATE OF CONNECTICUT

Division of Criminal Justice

Legislative Recommendations to the 2019 Session of the General Assembly

KEVIN T. KANE
CHIEF STATE’S ATTORNEY

An Act Concerning Evidence Seized in a Criminal Investigation

An Act Concerning Grand Jury Reform

An Act Concerning Driving While Under the Influence of Alcohol or Drugs

An Act Concerning the Unlawful Dissemination of Intimate Images

An Act Concerning Revisions to Various Statutes Concerning the Criminal Justice System

An Act Concerning Juvenile Matters

An Act Making Minor and Technical Changes to Various Statutes Concerning the Juvenile Justice System

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AN ACT CONCERNING EVIDENCE SEIZED IN A CRIMINAL INVESTIGATION.

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

Section 1. Subsection (b) of section 54-36a of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(b) (1) Whenever property is seized in connection with a criminal arrest or seized pursuant to a search warrant without an arrest, the law enforcement agency seizing such property shall file, on forms provided for this purpose by the Office of the Chief Court Administrator, an inventory of the property seized. The inventory, together with the uniform arrest report, in the case of an arrest, shall be filed with the clerk of the court for the geographical area in which the criminal offense is alleged to have been committed; except, when the property is stolen property and, in the opinion of the law enforcement officer, does not exceed one thousand dollars in value, or when an attempt was made to steal the property but the property at all times remained on the premises in a sealed container, the filing of an inventory shall not be required and such property may be returned to the owner. In the case of property seized in connection with a search warrant without an arrest, the inventory shall be attached to the warrant and shall be filed with the clerk of the court for the geographical area in which the search warrant was issued. If any criminal proceeding is transferred to another court location, then the clerk with whom the inventory is filed shall transfer such inventory to the clerk of the court location to which such action is transferred. Property seized in connection with a criminal arrest or seized pursuant to a search warrant without an arrest shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, unless such property is filed in connection with, or introduced into evidence at, a criminal, civil or administration proceeding in the superior court.

(2) If the seized property is stolen property, within ten days of the seizure, the law enforcement agency seizing the property shall notify the owner of the property if known, or, if the owner of the property is unknown at the time of seizure, such agency shall within ten days of any subsequent ascertainment of the owner notify such owner, and, on a form prescribed by the Office of the Chief Court Administrator, advise the owner of such owner's rights concerning the property and the location of the property. Such written notice shall include a request form for the return of the property. The owner may request the return of the property by filing such request form with such law enforcement agency, and upon receipt of such request, the law enforcement agency shall forward it to the clerk of the court for the geographical area in which the criminal offense is alleged to have been committed. The clerk of the court shall notify the defendant or defendants of the request to return the property. The court shall order the return of the property within thirty days of the date of filing such return request by the owner, except that for good cause shown, the court may order retention of the property for a period to be determined by the court. Any secondary evidence of the identity, description or value of such property shall be admissible in evidence against such defendant in the trial of such case. The fact that the evidence is secondary in nature may be shown to affect the weight of such evidence, but not to affect its admissibility. If the stolen property is a motor vehicle, a photograph of the motor vehicle and a sworn affidavit attesting to the vehicle identification number of such motor vehicle shall be sufficient evidence of the identity of the motor vehicle. For the purposes of this subdivision, “motor vehicle” means a passenger or commercial motor vehicle or a motorcycle, as defined in section 14-1, and includes construction equipment, agricultural tractors and farm implements.

(3) (A) If the seized property is currency and is stolen property, the law enforcement agency seizing the currency shall follow the procedures set forth in subdivision (2) of this subsection.

(B) If the seized property is currency and is not stolen property, the law enforcement agency seizing the currency shall, within ten days of such seizure, notify the defendant or defendants, if such currency was seized in connection with a criminal arrest, or the person or persons having a possessory interest in the premises from which such currency was seized, if such currency was seized pursuant to a search warrant without an arrest, that such defendant or person has the right to a hearing before the Superior Court on the disposition of the currency. Such defendant or person may, not later than thirty days after receiving such notice, request a hearing before the Superior Court. The court may, after any such hearing, order that the law enforcement agency, after taking reasonable measures to preserve the evidentiary value of the currency, deposit the currency in a deposit account in the name of the law enforcement agency as custodian for evidentiary funds at a financial institution in this state or order, for good cause shown, that the currency be retained for a period to be determined by the court. If such defendant or person does not request a hearing, the law enforcement agency may, after taking reasonable measures to preserve the evidentiary value of the currency, deposit the currency in a deposit account in the name of the law enforcement agency as custodian for evidentiary funds at a financial institution in this state.

(C) If the currency is deposited in a deposit account at a financial institution in this state pursuant to subparagraph (B) of this subdivision, the financial institution at which such deposit account is established shall not be required to segregate the currency deposited in such deposit account. No funds may be withdrawn from such deposit account except pursuant to a court order directed to the financial institution. Any withdrawal of funds from such deposit account shall be in the form of a check issued by the financial institution to the law enforcement agency or to such other payee as the court may order. Nothing in this subdivision shall prohibit a financial institution from charging a fee for the maintenance and administration of such deposit account and for the review of the court order.

(D) If the currency is deposited in a deposit account at a financial institution in this state pursuant to subparagraph (B) of this subdivision, any secondary evidence of the identity, description or value of such currency shall be admissible in evidence against a defendant in the trial of a criminal offense. The fact that the evidence is secondary in nature may be shown to affect the weight of such evidence, but not to affect its admissibility.

Statement of Purpose:

To address the issue raised by the Connecticut Supreme Court in Commissioner of Emergency Services and Public Protection et. al. v. Freedom of Information Commission et. al., 330 Conn. (2018) concerning evidence seized in a criminal investigation.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

AN ACT CONCERNING GRAND JURY REFORM.

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

Section 1. Section 54-47b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

For purposes of sections 54-47a to 54-47h inclusive:

(1) "Applicant" means [any judge of the Superior Court, Appellate Court or Supreme Court,] the Chief State's Attorney or a state's attorney who makes an application to a panel of judges for an investigation into the commission of a crime or crimes.

(2) "Crime or crimes" means (A) any crime or crimes involving corruption in the executive, legislative or judicial branch of state government or in the government of any political subdivision of the state, (B) [fraud by a vendor of goods or services in the medical assistance program under Title XIX of the Social Security Act Amendments of 1965, as amended, (C) any violation of chapter 949c, (D)] any crime or crimes involving the abuse of authority conferred by law upon any officer, member, or employee of the executive, legislative or judicial branch of state government or in the government of any political subdivision of the state, (C) any violation of the election laws of the state, [(E) any felony involving the unlawful use or threatened use of physical force or violence committed with the intent to intimidate or coerce the civilian population or a unit of government, and [F] (D) any other class A, B or C felony or any unclassified felony punishable by a term of imprisonment in excess of five years [for which] that the Chief State's Attorney or state's attorney reasonably suspects to have been committed and for which such chief state’s attorney or state’s attorney demonstrates that [he or she has no other means of obtaining sufficient information as to whether a crime has been committed or the identity of the person or persons who may have committed a crime] the interests of justice require the use of an investigatory grand jury.

(3) "Investigatory grand jury" means a judge or constitutional state referee or any three judges of the Superior Court, other than a judge designated by the Chief Justice to serve on the panel, appointed by the Chief Court Administrator to conduct an investigation into the commission of a crime or crimes.

(4) “Panel of judges” or “panel” means a panel of three Superior Court judges designated by the Chief Justice of the Supreme Court from time to time to receive applications for investigations into the commission of crimes in accordance with the provisions of sections 54-47a to 54-47h, inclusive, one of whom may be the Chief Court Administrator.

(5) “Target of the investigation” or “target” means a person who is reasonably suspected of committing a crime or crimes within the scope of the investigation.

Section 2. Section 54-47c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) [Any judge of the Superior Court, Appellate Court or Supreme Court, or the] The Chief State’s Attorney or a state’s attorney may make application to a panel of judges for an investigation into the commission of a crime or crimes whenever such applicant [has reasonable belief] reasonably suspects that a crime or crimes have been committed and attests that the [administration] interests of justice require that an investigation [to determine whether or not there is probable cause to believe that a] be conducted into said crime or crimes. [have been committed.] The applicant or an attorney or attorneys designated by such applicant shall conduct the investigation.

(b) Each application for an investigation into the commission of a crime or crimes shall be made in writing upon oath or affirmation to a panel of judges. Each application shall include the following information: (1) The identity of the applicant and [his] such applicant’s authority to make such application; (2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify [his] such applicant’s reasonable suspicion that a crime has been committed, and reasonable belief that the [investigation will lead to a finding of probable cause that a crime or crimes have been committed] interests of justice require the use of an investigatory grand jury, including the reasons why the ability to compel the attendance of witnesses and the production of documents and other tangible evidence will substantially aid the investigation; and (3) a full and complete statement of the facts concerning all previous applications known to the applicant, made to any panel of judges, for investigation of any one or more of the same criminal offenses involving any of the same persons specified in the application, including the action taken by the panel on each such application. The panel of judges may require such additional testimony or documentary evidence in support of facts in the application as it deems necessary. Such additional testimony shall be transcribed.

[(c) If the application is made by the Chief State's Attorney or a state's attorney, it shall also include (1) a full and complete statement of the status of the investigation and of the evidence collected as of the date of such application, (2) if other normal investigative procedures have been tried with respect to the alleged crime, a full and complete statement specifying the other normal investigative procedures that have been tried and the reasons such procedures have failed or the specific nature of the alleged crime or the nature of the investigation that leads the applicant to reasonably conclude that the use of normal investigative procedures would not result in the obtaining of information that would advance the investigation or would fail to secure and preserve evidence or testimony that might otherwise be compromised, (3) if other normal investigative procedures have not been tried, a full and complete statement of the reasons such procedures reasonably appear to be unlikely to succeed if tried or be too dangerous to employ, and (4) a full and complete statement of the reasons for the applicant's belief that the appointment of an investigatory grand jury and the investigative procedures employed by such investigatory grand jury will lead to a finding of probable cause that a crime or crimes have been committed.]

[(d)] (c) The panel may approve the application and order an investigation into the commission of a crime or crimes if it finds reasonable suspicion that a crime or crimes have been committed, that [(1) the administration of justice requires an investigation to determine whether or not there is probable cause to believe that a crime or crimes have been committed, (2) if the application was made by the Chief State's Attorney or a state's attorney, other normal investigative procedures with respect to the alleged crime have been tried and have failed or reasonably appear to be unlikely to succeed if tried or be too dangerous to employ or, due to the specific nature of the alleged crime or the nature of the investigation, it is reasonable to conclude that the use of normal investigative procedures would not result in the obtaining of information that would advance the investigation or would fail to secure and preserve evidence or testimony that might otherwise be compromised, and (3) the investigative procedures employed by an investigatory grand jury appear likely to succeed in determining whether or not there is probable cause to believe that a crime or crimes have been committed] the interests of justice require the use of an investigatory grand jury, and that allowing the applicant to compel the attendance of witnesses and the production of documents and other tangible evidence will substantially aid the investigation.

Sec. 3. Section 54-47d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) If the panel approves the application and orders an investigation into the commission of a crime or crimes, the Chief Court Administrator shall (1) appoint an investigatory grand jury [to conduct the investigation] before which sworn testimony may be taken and documents and other tangible evidence produced, and (2) designate the court location in the judicial district where any motions to quash and any contempt proceedings shall be heard and any findings and records of the investigation shall be filed.

(b) Each order authorizing the investigation into the commission of a crime or crimes by the panel shall specify: (1) The date of issuance of the order, (2) the period of time within which the investigation is to be conducted, provided in no event shall the investigation be longer than [six] twelve months from the date the Chief Court Administrator appoints the investigatory grand jury [to conduct the investigation], unless an application for an extension of time is filed and granted pursuant to subsection (c) of this section, (3) the scope of the investigation, (4) the crime or crimes that are reasonably suspected of having been committed, and (5) the panel’s reasons for finding that [(A) the administration of justice requires an investigation to determine whether or not there is probable cause to believe that a crime or crimes have been committed, (B) if the application was made by the Chief State's Attorney or a state's attorney, other normal investigative procedures with respect to the alleged crime have been tried and have failed or reasonably appear to be unlikely to succeed if tried or be too dangerous to employ, or, due to the specific nature of the alleged crime or the nature of the investigation, it is reasonable to conclude that the use of normal investigative procedures would not result in the obtaining of information that would advance the investigation or would fail to secure and preserve evidence or testimony that might otherwise be compromised, and (C) the investigative procedures employed by the investigatory grand jury appear likely to succeed in determining whether or not there is probable cause to believe that a crime or crimes have been committed] the interests of justice require the use of an investigatory grand jury, including the reasons why the ability to compel the attendance of witnesses and the production of documents and other tangible evidence will substantially aid the investigation. The panel shall retain a copy of the order and the original application and shall transmit to the investigatory grand jury, appointed pursuant to subsection (a) of this section, the original order and a copy of the application filed with the panel.

(c) The investigatory grand jury may make an application to the panel of judges for an extension of time within which to conduct [its] the investigation or for an amendment to the scope of [its] the investigation. The application for extension or amendment shall set forth the reasons for the [necessity of such] extension or amendment. No more than two extensions or amendments of an order may be granted by the issuing panel. The period of any extension shall be no longer than the panel deems necessary to achieve the purposes for which [it] the extension was granted and in no event shall any extension be for a period longer than six months.

Sec. 4. Section 54-47e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

Any order authorizing the investigation into the commission of a crime or crimes and any application filed with the panel pursuant to section 54-47c, as amended by this act, or subsection (c) of section 54-47d, as amended by this act, shall be sealed. The panel shall submit to the Chief Court Administrator a summary of the scope of the investigation, any recommendation as to the court location at which any motions to quash and any contempt proceedings are to be heard and the finding and record of the investigation are to be filed. Such summary shall be public unless the panel determines, by majority vote, that such summary be sealed for purposes of (1) ensuring the public safety of any individual, (2) ensuring that the investigation would not be adversely affected or (3) complying with other provisions of the general statutes or rules of court which prohibit disclosure of such information. Any investigation by the investigatory grand jury shall be conducted in private, provided the panel, by a majority vote, may order the investigation or any portion thereof to be public when such disclosure or order is deemed by the panel to be in the public interest.

Sec. 5. Section 54-47f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

[(a) The investigatory grand jury, in conducting the investigation, may (1) seek the assistance of the Chief State's Attorney or state's attorney who filed the application, or his designee, (2) appoint an attorney to provide assistance if a judge of the Superior Court, Appellate Court or Supreme Court filed the application or (3) appoint any other attorney to provide assistance when necessary in the interest of justice.]

[b] (a) (1) The [attendance] appearance of witnesses and the production of documents [at such investigation] or other tangible evidence before an investigatory grand jury may be compelled by subpoena, signed by any official authorized to issue such process.

(2) No subpoena may be issued by the Chief State’s Attorney or a state’s attorney unless the investigatory grand jury approves the issuance of such subpoena. In determining whether to approve the issuance of such subpoena, the investigatory grand jury may consider whether the person to be summoned to appear and give testimony or produce documents or other tangible evidence has information relevant to the investigation. Any subpoena issued pursuant to this subdivision shall be served at least seventy-two hours before the date of appearance, not including Saturdays, Sundays or legal holidays, and contain a notice advising the person summoned (A) whether such person is a target of the investigation, (B) that such person has the right to have counsel present when such person is being examined by the investigatory grand jury and to consult with such counsel, (C) that if such person is indigent, such person has the right to have counsel appointed to represent such person, and (D) that such person has the right not to be compelled to be a witness, or give evidence, against himself or herself.

(3) No person summoned to appear and give testimony or produce documents or other tangible evidence shall be required to testify or produce documents or other tangible evidence if (A) compliance with the subpoena by such person would be unduly burdensome or oppressive, (B) the primary purpose of the issuance of the subpoena is to harass the person subpoenaed, (C) such person has already been punished pursuant to subsection (c) of this section for such person’s refusal to testify or produce documents or other tangible evidence before any investigatory grand jury related to the same crime or crimes, or (D) such person has not been advised of such person’s rights as specified in subdivision (2) of this subsection.

(b) Any person summoned to appear and give testimony or produce documents or other tangible evidence pursuant to subsection (a) of this section may apply to the court of the judicial district designated by the Chief Court Administrator pursuant to subsection (a) of section 54-47d, as amended by this act, for the appointment of counsel to represent such person before the investigatory grand jury. Such person shall file with the court a sworn financial affidavit of indigency in such form as shall be prescribed by the Judicial Branch. If the court determines that such person is indigent, the court shall appoint counsel to represent such person. The Division of Public Defender Services shall maintain a list of trial counsel with experience in advising or defending defendants in criminal proceedings whom the court may appoint to represent person summoned to appear and give testimony or produce documents or other tangible evidence before an investigatory grand jury. The cost for such counsel shall be established by, and paid from funds appropriated to, the Judicial Branch.

(c) If any witness properly summoned fails to appear or to produce any documents or other tangible evidence included in the subpoena, or if [he] such witness fails to answer any proper question, the investigatory grand jury [conducting the investigation] may report the matter to the state's attorney for the judicial district which has been designated [in] under subsection (a) of section 54-47d, as amended by this act, unless such state's attorney is the applicant, [or has been appointed to assist in such investigation,] in which case the investigatory grand jury shall report the matter to the Chief State's Attorney, and such state's attorney or Chief State's Attorney, as the case may be, may file a complaint setting forth the facts at any criminal session of the superior court in such judicial district. The court shall thereupon issue a citation to the witness to appear before the court and show cause why [he] such witness should not be punished as for a contempt, and if, after hearing, the court finds that [he] such witness failed to appear without due cause or failed to produce any document or other tangible evidence properly to be presented to the investigatory grand jury or failed to answer any proper question in the course of the investigation, it may punish [him] such witness as it might a witness failing to appear, to produce a document properly to be considered or to answer a proper question before the court.

(d) Witnesses may be examined under oath by the investigatory grand jury [conducting the investigation] or by any attorney or attorneys [appointed by such investigatory grand jury for such purpose] conducting the investigation. At the hearing, the [official] attorney or attorneys conducting the investigation shall inform the witness that [he] such witness has the right to have counsel present outside the grand jury room and to consult with such counsel. A witness shall have the right to leave the investigatory grand jury room to consult with such witness’s counsel at reasonable times and for a reasonable period of time upon the request of the witness.

(e) (1) The [official] attorney or attorneys conducting the investigation shall inform [any] a witness who is a target [of the investigation that he] that such witness is a target and [shall advise him] that [he] such witness has the right under the Constitution of the United States and the Constitution of Connecticut not to be compelled to be a witness, or to give evidence, against himself or herself. Neither the Chief State’s Attorney nor a state’s attorney shall summon before an investigatory grand jury a target who has stated through such person’s counsel that such person intends to invoke such person’s privilege against self-incrimination.

(2) A target may testify before the investigatory grand jury. The attorney or attorneys conducting the investigation shall notify such target of such person’s right to testify, unless notification may result in such person’s flight, endanger other persons or obstruct justice or unless such attorney or attorneys are unable to notify the target with reasonable diligence. A target may request, orally or in writing, the investigatory grand jury to cause a person identified by such target to be summoned as a witness in the investigation. The investigatory grand jury may summon such witness pursuant subsection (a) of this section.

(f) Any attorney appointed to [assist in conducting] conduct the investigation shall disclose to the investigatory grand jury any exculpatory information or material in [his] such attorney’s possession, custody or control concerning any person who is a target [of the investigation].

(g) An official stenographer or monitor of the Superior Court or [his] such stenographer’s assistant shall record any testimony taken at the investigation.

Sec. 6. Section 54-47g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) [Within] Not later than sixty days [of] after the conclusion of the investigation, the investigatory grand jury conducting such investigation shall file its finding with the court of the judicial district designated by the Chief Court Administrator pursuant to subsection (a) of section 54-47d, and shall file a copy of its finding with the panel and with the Chief State’s attorney or state’s attorney. [if such Chief State’s Attorney or state’s attorney made application for the investigation.] The stenographer shall file any record of the investigation with the court of the judicial district designated by the Chief Court Administrator pursuant to subsection (a) of section 54-47d, as amended by this act, and the panel and the Chief State's Attorney or a state's attorney, if such Chief State's Attorney or state's attorney made application for the investigation, shall have access to such record upon request made to the clerk of the court without a hearing. Such finding shall state whether or not there is probable cause to believe that a crime or crimes have been committed. Except as otherwise provided in this section, any part of the record of the investigation not disclosed with the finding pursuant to subsection (b) of this section shall be sealed, [provided] except that any person may file an application with the panel for disclosure of any such part of the record. Upon receipt of such application, the panel shall, after notice, hold a hearing and the panel, by a majority vote may disclose any such part of the record when such disclosure is deemed by the panel to be in the public interest, except that no part of the record shall be disclosed which contains allegations of the commission of a crime by an individual if the investigatory grand jury failed to find probable cause that such individual committed such crime unless such individual requests the release of such part of the record. Any person aggrieved by an order of the panel shall have the right to appeal such order by filing a petition for review with the Appellate Court [within] not later than seventy-two hours [from] after the issuance of such order.

(b) The finding of the investigation shall be open to public inspection and copying at the court where it has been filed for seven calendar days after it has been filed, unless within that period the Chief State's Attorney or a state's attorney with whom the finding was filed files a motion with the investigatory grand jury requesting that a part or all of such finding not be so disclosed. The finding may include all or such part of the record as the investigatory grand jury may determine, except that no part of the record shall be disclosed which contains allegations of the commission of a crime by an individual if the investigatory grand jury failed to find probable cause that such individual committed such crime unless such individual requests the release of such part of the record. In such event as much of the finding as has not been sought to be withheld from disclosure shall be disclosed promptly upon the expiration of said seven-calendar-day period.

(c) [Within] Not later than fifteen calendar days [of] after the filing of such motion, the investigatory grand jury shall conduct a hearing. The investigatory grand jury shall give written notice of such hearing to the person filing such motion and any other person the investigatory grand jury deems to be an interested party to the proceedings, which may include, but not be limited to, persons who testified or were the subject of testimony before the investigatory grand jury. [Within] Not later than five calendar days [of] after the conclusion of the hearing, the investigatory grand jury shall render its decision, and shall send copies thereof to all those to whom it gave notice of the hearing. It shall deny any such motion unless it makes specific findings of fact on the record that there is a substantial probability that one of the following interests will be prejudiced by publicity that nondisclosure would prevent, and that reasonable alternatives to nondisclosure cannot adequately protect that interest: (1) The right of a person to a fair trial; (2) the prevention of potential defendants from fleeing; (3) the prevention of subornation of perjury or tampering with witnesses; or (4) the protection of the lives and reputations of innocent persons which would be significantly damaged by the release of uncorroborated information. Any order of nondisclosure shall be drawn to protect the interest so found.

(d) Any person aggrieved by an order of the investigatory grand jury shall have the right to appeal such order by filing a petition for review with the Appellate Court [within] not later than seventy-two hours [from] after the issuance of such order.

(e) The Appellate Court shall provide an expedited hearing on such petition in accordance with such rules as the judges of the Appellate Court may adopt, consistent with the rights of the petitioner and the parties.

(f) Notwithstanding the existence of an order of nondisclosure under this section, any witness may apply in writing to the presiding judge of the criminal session of the court of the judicial district wherein the record of the investigation has been filed, or [his] such judge’s designee, for access to and a copy of the record of [his] such witness’s own testimony. Any witness shall be allowed access, at all reasonable times, to the record of [his] such witness’s own testimony and be allowed to obtain a copy of such record unless [said] such judge or [his] such judge’s designee finds after a hearing and for good cause shown that it is not in the best interest of justice to allow the witness to have access to and a copy of the record of [his] such witness’s testimony.

(g) [Notwithstanding the existence of an order of nondisclosure under this section] The presiding judge of the criminal session of the court of the judicial district wherein the record of the investigation has been filed, or [his] such judge’s designee, shall grant any written request of a person accused of a crime as a result of the investigation to have access, at all reasonable times, to the record of [his] such person’s own testimony and to obtain a copy of such record.

Statement of Purpose:

To reform the investigatory grand jury system to provide for its more efficient operation and to facilitate the effective investigation of criminal conduct involving abuse of governmental authority.

AN ACT CONCERNING DRIVING WHILE INTOXICATED.

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

Section 1. (NEW) (Effective October 1, 2019): (a) A person is guilty of smoking, otherwise inhaling or ingesting a cannabis-type substance while operating a motor vehicle when he or she smokes, otherwise inhales or ingests a cannabis-type substance, as defined in subsection (7) of section 21a-240, while operating a motor vehicle upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property.

(b) Smoking, otherwise inhaling or ingesting a cannabis-type substance while operating a motor vehicle is a class C misdemeanor.

Sec. 2. (NEW) (Effective October 1, 2019). (a) A person is guilty of smoking a cannabis-type substance in a motor vehicle when he or she smokes a cannabis-type substance, as defined in subsection (7) of section 21a-240, in a motor vehicle that is being operated by another person upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property.

(b) Smoking a cannabis-type substance in a motor vehicle is a class C misdemeanor.

Sec. 2. Subsection (d) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(d) The Commissioner of Emergency Services and Public Protection shall ascertain the reliability of each method and type of device offered for chemical testing and analysis purposes of blood, of breath and of urine and certify those methods and types which said commissioner finds suitable for use in testing and analysis of blood, breath and urine, respectively, in this state. The Commissioner of Emergency Services and Public Protection shall adopt regulations, in accordance with chapter 54, governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples as said commissioner finds necessary to protect the health and safety of persons who submit to chemical tests and to insure reasonable accuracy in testing results. Such regulations shall not require recertification of a police officer solely because such officer terminates such officer's employment with the law enforcement agency for which certification was originally issued and commences employment with another such agency. A person qualified to withdraw blood or any hospital, laboratory or clinic employing or utilizing the services of such a person shall not incur any civil liability as a result of such activities if requested by a law enforcement officer acting in accordance with this section or section 14-227c to withdraw blood unless the actions of the person while performing such activities constitutes gross negligence.

Sec. 3. Section 14-227c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) As part of the investigation of any motor vehicle accident resulting in the death of a person, the Chief Medical Examiner, Deputy Chief Medical Examiner, an associate medical examiner, a pathologist as specified in section 19a-405, or an authorized assistant medical examiner, as the case may be, shall order that a blood sample be taken from the body of any operator or pedestrian who dies as a result of such accident. Such blood samples shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Emergency Services and Public Protection or by the Office of the Chief Medical Examiner. Nothing in this subsection or section 19a-406 shall be construed as requiring such medical examiner to perform an autopsy in connection with obtaining such blood samples.

(b) A blood, urine or breath sample shall be obtained from any surviving operator whose motor vehicle is involved in an accident resulting in the serious physical injury, as defined in section 53a-3, or death of another person, if (1) a police officer has probable cause to believe that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both, or (2) such operator has been charged with a motor vehicle violation in connection with such accident and a police officer has a reasonable and articulable suspicion that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both. The test shall be performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Emergency Services and Public Protection and shall be performed by a person certified or recertified for such purpose by said department or recertified by persons certified as instructors by the Commissioner of Emergency Services and Public Protection. The equipment used for such test shall be checked for accuracy by a person certified by the Department of Emergency Services and Public Protection immediately before and after such test is performed. If a blood test is performed, it shall be on a blood sample taken by a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, a registered nurse, a physician assistant or a phlebotomist. [The] Any blood sample[s] obtained from an operator pursuant to this subsection shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Emergency Services and Public Protection.

(c) Any police officer who obtains from a surviving operator any breath, urine or blood sample pursuant to subsection (b) of this section shall submit to the Commissioner of Motor Vehicles a written report on a form approved by the Commissioner. If any such sample indicates an elevated blood alcohol content, as defined in subsection (n) of section 14-227b, the Commissioner may, after notice and an opportunity for a hearing held in accordance with chapter 54 and section 14-227b, suspend the motor vehicle operator’s license or nonresident operating privilege of such person and require such person to install and maintain an ignition interlock device as provided for in subsection (i) of section 14-227b. Such hearing shall be limited to a determination of the following issues: (1) was the person operating the motor vehicle; (2) was the person’s sample obtained under the provisions of subsection (b) of this section; and (3) was there an elevated blood alcohol content.

(d) A person qualified to withdraw blood or any hospital, laboratory or clinic employing or utilizing the services of such a person shall not incur any civil liability as a result of such activities if requested by a law enforcement officer acting in accordance with this section to withdraw blood unless the actions of the person while performing such activities constitutes gross negligence.

Sec. 4. Subsection (m) of section 46b-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(m) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, containing information that a child has been convicted as delinquent for a violation of subdivision (e) of section 1-1h, subsection (c) of section 14-147, subsection (a) of section 14-215, section 14-222, subsection (b) of section 14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, section 14-227g, section 14-227m, section 14-227n, subsection (d) of section 21a-267, section 21a-279a, section 30-88a, [or] subsection (b) of section 30-89, section 53a-213, or section 1 of this act, shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether administrative sanctions regarding such child’s motor vehicle operator’s license are warranted. Records disclosed pursuant to this subsection shall not be further disclosed.

Sec. 5. Section 54-56g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) (1) There shall be a pretrial alcohol education program for persons charged with a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-133 or 15-140n. Upon application by any such person for participation in such program and payment to the court of an application fee of one hundred dollars and a nonrefundable evaluation fee of one hundred dollars, the court shall, but only as to the public, order the court file sealed, provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury that: (A) If such person is charged with a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 or section 15-140n, such [person has not had such program invoked in such person's behalf] violation is not alleged to have occurred within the [preceding] ten years following the day on which such person was first granted entry into the program for a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 or section 15-140n, (B) such person has not been convicted of a violation of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-227a before, on or after October 1, 1981, a violation of subdivision (1) or (2) of subsection (a) of section 14-227a on or after October 1, 1985, a violation of section 14-227g, a violation of section 14-227m or a violation of subdivision (1) or (2) of subsection (a) of section 14-227n, (C) such person has not been convicted of a violation of section 15-132a, subsection (d) of section 15-133, section 15-140l or section 15-140n, (D) such person has not been convicted in any other state at any time of an offense the essential elements of which are substantially the same as section 53a-56b, 53a-60d, 15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) of section 14-227a, section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-133, and (E) notice has been given by such person, by registered or certified mail on a form prescribed by the Office of the Chief Court Administrator, to each victim who sustained a serious physical injury, as defined in section 53a-3, which was caused by such person's alleged violation, that such person has applied to participate in the pretrial alcohol education program and that such victim has an opportunity to be heard by the court on the application..

(2) The court shall provide each such victim who sustained a serious physical injury an opportunity to be heard prior to granting an application under this section. Unless good cause is shown, a person shall be ineligible for participation in such pretrial alcohol education program if such person's alleged violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-133 caused the serious physical injury, as defined in section 53a-3, of another person.

(3) The application fee imposed under this subsection shall be credited to the Criminal Injuries Compensation Fund established under section 54-215. The evaluation fee imposed under this subsection shall be credited to the pretrial account established under section 54-56k.

(b) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, the court shall refer such person to the Court Support Services Division for assessment and confirmation of the eligibility of the applicant and to the Department of Mental Health and Addiction Services for evaluation. The Court Support Services Division, in making its assessment and confirmation, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (a) of this section. Upon confirmation of eligibility and receipt of the evaluation report, the defendant shall be referred to the Department of Mental Health and Addiction Services by the Court Support Services Division for placement in an appropriate alcohol intervention program for one year, or be placed in a state-licensed substance abuse treatment program. The alcohol intervention program shall include a ten-session intervention program and a fifteen-session intervention program. Any person who enters the pretrial alcohol education program shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of such person's right to a speedy trial, (3) to complete ten or fifteen counseling sessions in an alcohol intervention program or successfully complete a substance abuse treatment program of not less than twelve sessions pursuant to this section dependent upon the evaluation report and the court order, (4) to commence participation in an alcohol intervention program or substance abuse treatment program not later than ninety days after the date of entry of the court order unless granted a delayed entry into a program by the court, (5) upon completion of participation in the alcohol intervention program, to accept placement in a substance abuse treatment program upon the recommendation of a provider under contract with the Department of Mental Health and Addiction Services pursuant to subsection (f) of this section or placement in a state-licensed substance abuse treatment program which meets standards established by the Department of Mental Health and Addiction Services, if the Court Support Services Division deems it appropriate, and (6) if ordered by the court, to participate in at least one victim impact panel. The suspension of the motor vehicle operator's license of any such person pursuant to section 14-227b shall be effective during the period such person is participating in the pretrial alcohol education program, provided such person shall have the option of not commencing the participation in such program until the period of such suspension is completed. If the Court Support Services Division informs the court that the defendant is ineligible for such program and the court makes a determination of ineligibility or if the program provider certifies to the court that the defendant did not successfully complete the assigned program or is no longer amenable to treatment and such person does not request, or the court denies, program reinstatement under subsection (e) of this section, the court shall order the court file to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list. If such defendant satisfactorily completes the assigned program, such defendant may apply for dismissal of the charges against such defendant and the court, on reviewing the record of the defendant's participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing the assigned program the court, upon receipt of the record of the defendant's participation in such program submitted by the Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges. Upon motion of the defendant and a showing of good cause, the court may extend the one-year placement period for a reasonable period for the defendant to complete the assigned program. A record of participation in such program shall be retained by the Court Support Services Division for a period of ten years from the date the court grants the application for participation in such program. The Court Support Services Division shall transmit to the Department of Motor Vehicles a record of participation in such program for each person who satisfactorily completes such program. The Department of Motor Vehicles shall maintain for a period of ten years the record of a person's participation in such program as part of such person's driving record. The Court Support Services Division shall transmit to the Department of Energy and Environmental Protection the record of participation of any person who satisfactorily completes such program who has been charged with a violation of the provisions of subsection (d) of section 15-133 or section 15-140n. The Department of Energy and Environmental Protection shall maintain for a period of ten years the record of a person's participation in such program as a part of such person's boater certification record.

(c) At the time the court grants the application for participation in the pretrial alcohol education program, such person shall also pay to the court a nonrefundable program fee of three hundred fifty dollars if such person is ordered to participate in the ten-session intervention program and a nonrefundable program fee of five hundred dollars if such person is ordered to participate in the fifteen-session intervention program. If the court grants the application for participation in the pretrial alcohol education program and such person is ordered to participate in a substance abuse treatment program, such person shall be responsible for the costs associated with participation in such program. No person may be excluded from either program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. If the court finds that a person is indigent or unable to pay for a treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k. If the court finds that a person is indigent or unable to pay for an intervention program, the court may waive all or any portion of the fee for such intervention program. If the court denies the application, such person shall not be required to pay the program fee. If the court grants the application and such person is later determined to be ineligible for participation in such pretrial alcohol education program or fails to complete the assigned program, the program fee shall not be refunded. All program fees shall be credited to the pretrial account established under section 54-56k.

(d) If a person returns to court with certification from a program provider that such person did not successfully complete the assigned program or is no longer amenable to treatment, the provider, to the extent practicable, shall include a recommendation to the court as to whether a ten-session intervention program, a fifteen-session intervention program or placement in a state-licensed substance abuse treatment program would best serve such person's needs. The provider shall also indicate whether the current program referral was an initial referral or a reinstatement to the program.

(e) When a person subsequently requests reinstatement into an alcohol intervention program or a substance abuse treatment program and the Court Support Services Division verifies that such person is eligible for reinstatement into such program and thereafter the court favorably acts on such request, such person shall pay a nonrefundable program fee of one hundred seventy-five dollars if ordered to complete a ten-session intervention program or two hundred fifty dollars if ordered to complete a fifteen-session intervention program, as the case may be. Unless good cause is shown, such fees shall not be waived. If the court grants a person's request to be reinstated into a treatment program, such person shall be responsible for the costs, if any, associated with being reinstated into the treatment program. All program fees collected in connection with a reinstatement to an intervention program shall be credited to the pretrial account established under section 54-56k. No person shall be permitted more than two program reinstatements pursuant to this subsection.

(f) The Department of Mental Health and Addiction Services shall contract with service providers, develop standards and oversee appropriate alcohol programs to meet the requirements of this section. Said department shall adopt regulations, in accordance with chapter 54, to establish standards for such alcohol programs. Any person ordered to participate in a treatment program shall do so at a state-licensed treatment program which meets the standards established by said department. Any defendant whose employment or residence makes it unreasonable to attend an alcohol intervention program or a substance abuse treatment program in this state may attend a program in another state which has standards substantially similar to, or higher than, those of this state, subject to the approval of the court and payment of the application, evaluation and program fees and treatment costs, as appropriate, as provided in this section.

(g) The court may, as a condition of granting such application, require that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such organization may assess a participation fee of not more than seventy-five dollars on any person required by the court to participate in such program, provided such organization shall offer a hardship waiver when it has determined that the imposition of a fee would pose an economic hardship for such person.

(h) The provisions of this section shall not be applicable in the case of any person charged with a violation of section 14-227a or 14-227g or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n (1), 53a-213, or section 1 of this act, while operating a commercial motor vehicle, as defined in section 14-1, or (2) who holds a commercial driver's license or commercial driver's instruction permit at the time of the violation.

Sec. 6. Subsection (b) of section 54-56p of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(b) This section shall not be applicable to any person (1) who, at the time of the motor vehicle violation, holds a commercial driver’s license or commercial driver’s instruction permit or is operating a commercial motor vehicle, as defined in section 14-1, or (2) charged with a motor vehicle violation causing serious injury or death, a motor vehicle violation classified as a felony unless good cause is shown, or a violation of section 14-227a, [or] 14-227g, 14-227m, 14-227n, 14-296aa, 53a-213, or section 1 of this act.

Statement of Purpose:

To clarify and improve the effectiveness of the statutes prohibiting the operation of a motor vehicle under the influence of alcohol or drugs.

AN ACT CONCERNING THE UNLAWFUL DISSEMINATION OF INTIMATE IMAGES.

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

Sec. 1. Subsection (c) of section 53a-189c of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(c) Unlawful dissemination of an intimate image to another person by any means is a class A misdemeanor. Unlawful dissemination of an intimate image to more than one person by means of an interactive computer service, as defined in 47 USC 230, an information service, as defined in 47 USC 153, or a telecommunications service, as defined in section 16-247a, is a class D felony.

Statement of Purpose:

To clarify and provide a more appropriate penalty for the wilful and unauthorized distribution of intimate images of an individual.

AN ACT CONCERNING REVISIONS TO VARIOUS STATUTES CONCERNING THE CRIMINAL JUSTICE SYSTEM.

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

Section 1. Section 1-102 of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

No person, committee, association, organization or corporation shall employ any salaried commissioner or deputy commissioner of this state, or any person receiving a salary or pay from the state for services rendered and performed at Hartford, or shall give to any such person any advantage, aid, emolument, entertainment, money or other valuable thing for appearing for, on behalf of or in opposition to, any measure, bill, resolution or petition pending before the General Assembly or any committee thereof, or for advancing, supporting, advocating, or seeking to secure the passage, defeat or amendment of any such measure, bill, resolution or petition pending in or before the General Assembly or any committee thereof; nor shall any such salaried commissioner, deputy commissioner or other person described in this section accept any such employment or perform any such service for another, or accept aid, emolument, entertainment, money, advantage or other valuable thing for or in consideration of any such service. Any person, committee, association, organization or corporation, or any such salaried commissioner, deputy commissioner or person receiving a salary or pay from the state for services rendered and performed at Hartford, who violates any of the provisions of this section, shall be fined not less than one hundred or more than one thousand dollars. All complaints for the violation of this section shall be made to the [state’s attorney for the judicial district of New Britain, and said state's attorney] chief state’s attorney, who shall, upon proof of probable guilt being shown, cause the arrest of any such offender and present such offender or cause such offender to be presented for trial before the superior court[ for the judicial district of New Britain].

Sec. 2. Section 7-22 of the general statutes is hereby repealed (Effective October 1, 2019).

Sec. 3. Section 7-81 of the general statutes is hereby repealed (Effective October 1, 2019).

Sec. 4. Section 13a-69 of the general statutes is hereby repealed (Effective October 1, 2019).

Sec. 5. Section 13b-305 of the general statutes is hereby repealed (Effective October 1, 2019).

Sec. 6. Section 46b-150d of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

An order that a minor is emancipated shall have the following effects: (1) The minor may consent to medical, dental or psychiatric care, without parental consent, knowledge or liability; (2) the minor may enter into a binding contract; (3) the minor may sue and be sued in such minor’s own name; (4) the minor shall be entitled to such minor’s own earnings and shall be free of control by such minor’s parents or guardian; (5) the minor may establish such minor’s own residence; (6) the minor may buy and sell real and personal property; (7) the minor may not thereafter be the subject of (A) a petition under section 46b-129 as an abused, neglected or uncared for child or youth, (B) a petition under section 46b-128 or 46b-133 as a delinquent child for any act committed before the date of the order, or (C) a petition under section 46b-149 alleging that the minor is a child from a family with service needs; (8) the minor may enroll in any school or college, without parental consent; (9) the minor shall be deemed to be over eighteen years of age for purposes of securing an operator’s license under section 14-36 and a marriage license under subsection (b) of section 46b-30; (10) the minor shall be deemed to be over eighteen years of age for purposes of registering a motor vehicle under section 14-12; (11) the parents of the minor shall no longer be the guardians of the minor under section 45a-606; (12) the parents of a minor shall be relieved of any obligations respecting such minor’s school attendance under section 10-184; (13) the parents shall be relieved of all obligation to support the minor; (14) the minor shall be emancipated for the purposes of parental liability for such minor’s acts under section 52-572; [(15) the minor may execute releases in such minor’s own name under section 14-118; (16)] (15) the minor may enlist in the armed forces of the United States without parental consent; and [(17)] (16) the minor may access or obtain a certified copy of a birth certificate under section 7-51.

Sec. 7. Subsection (b) of section 52-570d of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(b) The provisions of subsection (a) of this section shall not apply to:

(1) Any federal, state or local criminal law enforcement official, of agent thereof, who in the lawful performance of [his] such official’s duties, or at the request or direction of such a law enforcement official in the lawful performance of such official’s duties, records telephonic communications;

(2) Any officer, employee or agent of a public or private safety agency, as defined in section 28-25, who in the lawful performance of his duties records telephonic communications of an emergency nature;

(3) Any person who, as the recipient of a telephonic communication which conveys threats of extortion, bodily harm or other unlawful requests or demands, records such telephonic communication;

(4) Any person who, as the recipient of a telephonic communication which occurs repeatedly or at an extremely inconvenient hour, records such telephonic communication;

(5) Any officer, employee or agent of any communication common carrier who in the lawful performance of his duties records telephonic communications or provides facilities to an investigative officer or criminal law enforcement official authorized pursuant to chapter 959a to intercept a wire communication;

(6) Any officer, employee or agent of a Federal Communications Commission licensed broadcast station who records a telephonic communication solely for broadcast over the air;

(7) Any officer, employee or agent of the United States Secret Service who records telephonic communications which concern the safety and security of the President of the United States, members of his immediate family or the White House and its grounds; and

(8) Any officer, employee or agent of a Federal Communications Commission broadcast licensee who records a telephonic communication as part of a broadcast network or cooperative programming effort solely for broadcast over the air by a licensed broadcast station.

Sec. 8. Subsection (b) of section 53a-60a of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(b) Assault in the second degree with a firearm is a class D felony or, if the offense resulted in serious physical injury, a class C felony, for which in either case one year of the sentence imposed may not be suspended or reduced by the court.

Sec. 9. Section 53a-214 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) A landlord or lessor of a [dwelling] residential or non-residential unit subject to the provisions of chapters 830 or 832, an owner of such a unit, or the agent of such landlord, lessor or owner is guilty of criminal lockout when, without benefit of a court order, he deprives a tenant, as defined in subsection (l) of section 47a-1, or a lessee of a non-residential unit, of access to [his dwelling] the tenant’s residential or non-residential unit or [his personal] possessions.

(b) Criminal lockout is a class C misdemeanor.

Statement of Purpose:

To correct a technical defect in section 1-102 and provide for more appropriate enforcement of the section, and (2) to delete a reference to a repealed provision, and (3) to repeal obsolete provisions concerning the state’s attorney’s role in the removal of town clerks and town treasurers and (4) to repeal obsolete provisions regarding the role of the state’s attorney with regard to highway construction and neglect of a highway, and (5) to clarify provisions regarding the recording of telephone conversations at the behest of law enforcement; and (6) to make a technical correction to penalty provisions of certain assault statutes and (7) to extend protections against lockout to additional tenants.

AN ACT CONCERNING JUVENILE MATTERS

Section 1. Section 46b-127 of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) (1) The court shall automatically transfer from the docket for juvenile matters to the regular criminal docket of the Superior Court the case of any child charged with the commission of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony, or a class B felony, [except as provided in subdivision (3) of this subsection, or a violation of section 53a-54d,] provided such offense was committed after such child attained the age of fifteen years and counsel has been appointed for such child if such child is indigent. Such counsel may appear with the child but shall not be permitted to make any argument or file any motion in opposition to the transfer. The child shall be arraigned in the regular criminal docket of the Superior Court at the next court date following such transfer, provided any proceedings held prior to the finalization of such transfer shall be private and shall be conducted in such parts of the courthouse or the building in which the court is located that are separate and apart from the other parts of the court which are then being used for proceedings pertaining to adults charged with crimes.

(2) A state's attorney may, at any time after such arraignment, file a motion to transfer the case of any child charged with the commission of a class B felony or a violation of subdivision (2) of subsection (a) of section 53a-70 to the docket for juvenile matters for proceedings in accordance with the provisions of this chapter.

(3) [No case of any child charged with the commission of a violation of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of subsection (a) of section 53a-101, section 53a-112, 53a-122 or 53a-129b, subdivision (1), (3) or (4) of subsection (a) of section 53a-134, section 53a-196c, 53a-196d or 53a-252 or subsection (a) of section 53a-301 shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court, except as provided in this subdivision. Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child charged with the commission of any such offense shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall not order that the case be transferred under this subdivision unless the court finds that (A) such offense was committed after such child attained the age of fifteen years, (B) there is probable cause to believe the child has committed the act for which the child is charged, and (C) the best interests of the child and the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court shall consider (i) any prior criminal or juvenile offenses committed by the child, (ii) the seriousness of such offenses, (iii) any evidence that the child has intellectual disability or mental illness, and (iv) the availability of services in the docket for juvenile matters that can serve the child's needs. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child is arraigned in the superior court for juvenile matters.]

(b) (1) Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child charged with the commission of a class C, D or E felony or an unclassified felony shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall [not] order that the case be transferred under this subdivision [unless] if the court finds that (A) such offense was committed after such child attained the age of fifteen years, (B) there is probable cause to believe the child has committed the act for which the child is charged, and (C) the best interests of [the child and] the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court shall consider (i) any prior criminal or juvenile offenses committed by the child, (ii) the seriousness of such offenses, (iii) any evidence that the child has intellectual disability or mental illness, and (iv) the availability of services in the docket for juvenile matters that can serve the child's needs. Such probable cause may be shown by sworn affidavit in lieu of testimony. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child is arraigned in the superior court for juvenile matters.

(2) If a case is transferred to the regular criminal docket pursuant to subdivision (1) of this subsection or subdivision (3) of subsection (a) of this section, the court sitting for the regular criminal docket may return the case to the docket for juvenile matters at any time prior to a jury rendering a verdict or the entry of a guilty plea for good cause shown for proceedings in accordance with the provisions of this chapter.

(c) Upon the effectuation of the transfer, such child shall stand trial and be sentenced, if convicted, as if such child were eighteen years of age, subject to the provisions of section 54-91g. Such child shall receive credit against any sentence imposed for time served in a juvenile facility prior to the effectuation of the transfer. A child who has been transferred may enter a guilty plea to a lesser offense if the court finds that such plea is made knowingly and voluntarily. Any child transferred to the regular criminal docket who pleads guilty to a lesser offense shall not resume such child's status as a juvenile regarding such offense. If the action is dismissed or nolled or if such child is found not guilty of the charge for which such child was transferred or of any lesser included offenses, the child shall resume such child's status as a juvenile until such child attains the age of eighteen years.

(d) Any child whose case is transferred to the regular criminal docket of the Superior Court who is detained pursuant to such case shall be in the custody of the Commissioner of Correction upon the finalization of such transfer. A transfer shall be final (1) upon the arraignment on the regular criminal docket until a motion filed by the state's attorney pursuant to subsection (a) of this section is granted by the court, or (2) upon the arraignment on the regular criminal docket of a transfer ordered pursuant to subsection (b) of this section until the court sitting for the regular criminal docket orders the case returned to the docket for juvenile matters for good cause shown. Any child whose case is returned to the docket for juvenile matters who is detained pursuant to such case shall be in the custody of the Judicial Department.

(e) The transfer of a child to a Department of Correction facility shall be limited as provided in subsection (d) of this section and said subsection shall not be construed to permit the transfer of or otherwise reduce or eliminate any other population of juveniles in detention or confinement within the Judicial Department or the Department of Children and Families.

(f) Upon the motion of any party or upon the court's own motion, the case of any youth age sixteen or seventeen, except a case that has been transferred to the regular criminal docket of the Superior Court pursuant to subsection (a) or (b) of this section, which is pending on the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters, where the youth is charged with committing any offense or violation for which a term of imprisonment may be imposed, other than a violation of section 14-227a, 14-227g or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n, may, before trial or before the entry of a guilty plea, be transferred to the docket for juvenile matters if (1) the youth is alleged to have committed such offense or violation on or after January 1, 2010, while sixteen years of age, or is alleged to have committed such offense or violation on or after July 1, 2012, while seventeen years of age, and (2) after a hearing considering the facts and circumstances of the case and the prior history of the youth, the court determines that the programs and services available pursuant to a proceeding in the superior court for juvenile matters would more appropriately address the needs of the youth and that the youth and the community would be better served by treating the youth as a delinquent. Upon ordering such transfer, the court shall vacate any pleas entered in the matter and advise the youth of the youth's rights, and the youth shall (A) enter pleas on the docket for juvenile matters in the jurisdiction where the youth resides, and (B) be subject to prosecution as a delinquent child. The decision of the court concerning the transfer of a youth's case from the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters shall not be a final judgment for purposes of appeal.

Sec. 2. Subsection (c) of section 46b-133 of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) Nothing in this part shall be construed as preventing the arrest of a child, with or without a warrant, as may be provided by law, or as preventing the issuance of warrants by judges in the manner provided by section 54-2a, except that no child shall be taken into custody on such process except on apprehension in the act, or on speedy information, or in other cases when the use of such process appears imperative. Whenever a child is arrested and charged with a delinquent act, such child may be required to submit to the taking of his photograph, physical description and fingerprints. Notwithstanding the provisions of section 46b-124, the name, photograph and custody status of any child arrested for the commission of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or class A felony may be disclosed to the public.

(b) Whenever a child is brought before a judge of the Superior Court, which court shall be the court that has jurisdiction over juvenile matters where the child resides if the residence of such child can be determined, such judge shall immediately have the case proceeded upon as a juvenile matter. Such judge may admit the child to bail or release the child in the custody of the child's parent or parents, the child's guardian or some other suitable person to appear before the Superior Court when ordered. If detention becomes necessary, such detention shall be in the manner prescribed by this chapter, provided the child shall be placed in the least restrictive environment possible in a manner consistent with public safety.

(c) Upon the arrest of any child by an officer, such officer may (1) release the child to the custody of the child's parent or parents, guardian or some other suitable person or agency, (2) at the discretion of the officer, release the child to the child's own custody, or (3) seek a court order to detain the child in a juvenile detention center. No child may be placed in detention unless a judge of the Superior Court determines, based on the available facts, that (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no less restrictive alternative available, and (C) there is (i) probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition, (ii) a strong probability that the child will commit or attempt to commit other offenses injurious to the child prior to the court disposition, (iii) a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process, [or (iii)] (iv) a need to hold the child for another jurisdiction, or (v) a finding by the court that the child has violated one or more of the conditions of a suspended detention order. When considering the risk of harm to the child or public safety that would result if the child is released to the community prior to the court hearing or disposition, the court may consider, among other information, whether the current offense involves a motor vehicle, a firearm, physical injury, a threat to commit a violent act, gang activity, human trafficking or risk of flight. No child shall be held in any detention center unless an order to detain is issued by a judge of the Superior Court.

(d) (1) When a child is arrested for the commission of a delinquent act and the child is not placed in detention or referred to a diversionary program, an officer shall serve a written complaint and summons on the child and the child's parent, guardian or some other suitable person or agency. If such child is released to the child's own custody, the officer shall make reasonable efforts to notify, and to provide a copy of a written complaint and summons to, the parent or guardian or some other suitable person or agency prior to the court date on the summons. If any person so summoned wilfully fails to appear in court at the time and place so specified, the court may issue a warrant for the child's arrest or a capias to assure the appearance in court of such parent, guardian or other person. If a child wilfully fails to appear in response to such a summons, the court may order such child taken into custody and such child may be charged with the delinquent act of wilful failure to appear under section 46b-120. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who wilfully fails to appear in court at the time and place so specified.

[(2) Upon the arrest of any youth by an officer for a violation of section 53a-82, such officer shall report suspected abuse or neglect to the Department of Children and Families in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.]

(e) When a child is arrested for the commission of a delinquent act and is placed in detention pursuant to subsection (c) of this section, such child may be detained pending a hearing which shall be held on the business day next following the child's arrest. No child may be detained after such hearing unless the court determines, based on the available facts, that (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no less restrictive alternative available, and (C) through the use of the detention risk assessment instrument developed pursuant to section 46b-133g, that there is (i) probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition; (ii) a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process, or (iii) a need to hold the child for another jurisdiction. Such probable cause may be shown by sworn affidavit in lieu of testimony. No child shall be released from detention who is alleged to have committed a serious juvenile offense except by order of a judge of the Superior Court. The court may, in its discretion, consider as an alternative to detention a suspended detention order with graduated sanctions to be imposed based on the detention risk assessment for such child, using the instrument developed pursuant to section 46b-133g. Any child confined in a community correctional center or lockup shall be held in an area separate and apart from any adult detainee, except in the case of a nursing infant, and no child shall at any time be held in solitary confinement. When a female child is held in custody, she shall, as far as possible, be in the charge of a woman attendant.

(f) The police officer who brings a child into detention shall have first notified, or made a reasonable effort to notify, the parents or guardian of the child in question of the intended action and shall file at the detention center a signed statement setting forth the alleged delinquent conduct of the child and the order to detain such child. Upon admission, the child shall be administered the detention risk assessment instrument developed pursuant to section 46b-133g, and unless the child was arrested for a serious juvenile offense or unless an order not to release is noted on the take into custody order, arrest warrant or order to detain, the child may be released to the custody of the child's parent or parents, guardian or some other suitable person or agency in accordance with policies adopted by the Court Support Services Division of the Judicial Department pursuant to section 46b-133h.

(g) In conjunction with any order of release from detention, the court may, when it has reason to believe a child is alcohol-dependent or drug-dependent as defined in section 46b-120, and where necessary, reasonable and appropriate, order the child to participate in a program of periodic alcohol or drug testing and treatment as a condition of such release. The results of any such alcohol or drug test shall be admissible only for the purposes of enforcing the conditions of release from detention.

(h) The detention supervisor of a juvenile detention center in charge of intake shall admit only a child who: (1) Is the subject of an order to detain or an outstanding court order to take such child into custody, (2) is ordered by a court to be held in detention, or (3) is being transferred to such center to await a court appearance.

(i) Whenever a child is subject to a court order to take such child into custody, or other process issued pursuant to this section or section 46b-140a, the Judicial Branch may cause the order or process to be entered into a central computer system in accordance with policies and procedures established by the Chief Court Administrator. The existence of the order or process in the computer system shall constitute prima facie evidence of the issuance of the order or process. Any child named in the order or process may be arrested or taken into custody based on the existence of the order or process in the computer system and, if the order or process directs that such child be detained, the child shall be held in a juvenile detention center.

(j) In the case of any child held in detention, the order to detain such child shall be for a period that does not exceed seven days or until the dispositional hearing is held, whichever is shorter, unless, following a detention review hearing, such order is renewed for a period that does not exceed seven days or until the dispositional hearing is held, whichever is shorter.

Statement of Purpose:

To provide for the transfer of serious juvenile criminal matters to the adult docket of the Superior Court where appropriate and to repeal an obsolete subsection of the statutes.

AN ACT MAKING MINOR AND TECHNICAL CHANGES TO VARIOUS STATUTES CONCERNING THE JUVENILE JUSTICE SYSTEM.

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

Section 1. Section 10-233h of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

If any person who is at least seven years of age but less than twenty-one years of age and an enrolled student is arrested for a violation of section 53-206c, a class A misdemeanor or a felony, the municipal police department or Division of State Police within the Department of Emergency Services and Public Protection that made such arrest shall, not later than the end of the weekday following such arrest, orally notify the superintendent of schools of the school district in which such person resides or attends school or the school administrator of a private school, vocational school or school of higher education of the identity of such person and the offense or offenses for which [he] such person was arrested and shall, within seventy-two hours of such arrest, provide written notification of such arrest, containing a brief description of the incident, to such superintendent or school administrator. The police may also inform the superintendent of schools or the school administrator of a private school, vocational school or school of higher education about the arrest of any such student, or provide information about a student, even if an arrest was not made, if the student’s conduct is a violation of school rules and policies or is of a nature that would likely prompt the school to take precautionary steps to protect the health or safety of any student or school employee or prevent damage to any school property or property used by the school. Any information provided to the school shall only be used for school discipline or safety planning purposes and may not be placed in a student’s permanent record or be further disclosed. The superintendent shall maintain such written report in a secure location and the information in such report shall be maintained as confidential in accordance with section 46b-124. The superintendent may disclose such information only to the principal of the school in which such person is a student or to the principal or supervisory agent of any other school in which the superintendent knows such person is a student. The principal or supervisory agent may disclose such information only to special services staff or a consultant, such as a psychiatrist, psychologist or social worker, for the purposes of assessing the risk of danger posed by such person to himself, other students, school employees or school property and effectuating an appropriate modification of such person’s educational plan or placement, and for disciplinary purposes. If the arrest occurred during the school year, such assessment shall be completed not later than the end of the next school day. If an expulsion hearing is held pursuant to section 10-233d, a representative of the municipal police department or the Division of State Police, as appropriate, may testify and provide reports and information on the arrest at such hearing, provided such police participation is requested by any of the following: The local or regional board of education, the impartial hearing board, the principal of the school or the student or his parent or guardian. Such information with respect to a child less than eighteen years of age shall be confidential in accordance with sections 46b-124 and 54-76l, and shall only be disclosed as provided in this section and shall not be further disclosed.

Sec. 2. Subsection (4) of section 46b-120 of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(4) (A) A child may be convicted as “delinquent” who has, while under sixteen years of age, (i) violated any federal or state law, except section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223, [or] 53a-223a, 53a-223b, 53a-223, 54-250 through 54-254, or 54-260, or violation of an order issued pursuant to section 46b-15 or a civil protection order issued pursuant to section 46b-16a, or violated a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (ii) wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) violated conditions of probation in a delinquency proceeding as ordered by the court;

(B) A child may be convicted as “delinquent” who has (i) while sixteen or seventeen years of age, violated any federal or state law, other than (I) an infraction, except an infraction under subsection (d) of section 21a-267, (II) a violation, except a violation under subsection (a) of section 21a-279a, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, or (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223, [or] 53a-223a, 53a-223b, 53a-223c, 54-250 through 54-254, or 54-260, or violation of an order issued pursuant to section 46b-15 or a civil protection order issued pursuant to section 46b-16a, or (ii) while sixteen years of age or older, wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) while sixteen years of age or older, violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) while sixteen years of age or older, violated conditions of probation in a delinquency proceeding as ordered by the court;

Sec. 4. Subsection (9) of section 46b-120 of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(9) “Delinquent act” means (A) the violation by a child under the age of sixteen of any federal or state law, except the violation of section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223, [or] 53a-223a, 53a-223b, 53a-223c, 54-250 through 54-254, or 54-260, or violation of an order issued pursuant to section 46b-15 or a civil protection order issued pursuant to section 46b-16a, or the violation of a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (B) the violation by a child sixteen or seventeen years of age of any federal or state law, other than (i) an infraction, except an infraction under subsection (d) of section 21a-267, (ii) a violation, except a violation under subsection (a) of section 21a-279a, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, or (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223, [or] 53a-223a, 53a-223b, 53a-223c, 54-250 through 54-254, or 54-260, or violation of an order issued pursuant to section 46b-15 or a civil protection order issued pursuant to section 46b-16a, or 53a-223a, (C) the wilful failure of a child, including a child who has attained the age of eighteen, to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child has notice, (D) the violation of any order of the Superior Court in a delinquency proceeding by a child, including a child who has attained the age of eighteen, except as provided in section 46b-148, or (E) the violation of conditions of probation in a delinquency proceeding by a child, including a child who has attained the age of eighteen, as ordered by the court;

Sec. 5. Subsection (m) of section 46b-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(m) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, containing information that a child has been convicted as delinquent for a violation of subdivision (e) of section 1-1h, subsection (c) of section 14-147, subsection (a) of section 14-215, section 14-222, subsection (b) of section 14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, section 14-227g, section 14-227m, section 14-227n, subsection (d) of section 21a-267, section 21a-279a, section 30-88a, [or] subsection (b) of section 30-89, or section 53a-213, shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether administrative sanctions regarding such child’s motor vehicle operator’s license are warranted. Records disclosed pursuant to this subsection shall not be further disclosed.

Sec. 6. Subsection (d) of section 46b-133 of the the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

Sec. 7. Section 46b-150d of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

Sec. 8. Subsection (a) of section 53a-217 of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) A person is guilty of criminal possession of a firearm, ammunition or an electronic defense weapon when such person possesses a firearm, ammunition or an electronic defense weapon and (1) has been convicted of a felony committed prior to, on or after October 1, 2013, or of a violation of section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on or after October 1, 2013, (2) has been adjudicated as a youthful offender pursuant to section 54-76d for an offense that would be a felony if committed by a person over the age 18; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, [(3)] (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, [(4)] (5) knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice and an opportunity to be heard has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person, [(5)] (6) (A) has been confined on or after October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or with respect to any person who holds a valid permit or certificate that was issued or renewed under the provisions of section 29-28 or 29-36f in effect prior to October 1, 2013, such person has been confined in such hospital within the preceding twelve months, or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, [(6)] (7) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, or [(7)] (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4). For the purposes of this section, “convicted” means having a judgment of conviction entered by a court of competent jurisdiction, “ammunition” means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm, and a motor vehicle violation for which a sentence to a term of imprisonment of more than one year may be imposed shall be deemed an unclassified felony.

Statement of Purpose:

To permit disclosure of juvenile arrests when the offense violates school policy or poses a threat to safety; and (2) to provide for the appropriate resolution of violations of sex offender registry orders by juvenile offenders; and (3) to provide information on juvenile alcohol and drug offenses to the Department of Motor Vehicles; and (4) to delete an obsolete provision of Section 46-133; and (5) to repeal an obsolete provision of section 46b-150d; and (8) to include as a qualifier for illegal possession of certain weapons a person who was adjudicated as a youthful offender for an offense that would be a felony for an adult.

STATE OF CONNECTICUT

Division of Criminal Justice

Legislative Recommendations to the 2019 Session of the General Assembly

Contents

AN ACT CONCERNING EVIDENCE SEIZED IN A CRIMINAL INVESTIGATION.

AN ACT CONCERNING GRAND JURY REFORM.

AN ACT CONCERNING DRIVING WHILE INTOXICATED.

AN ACT CONCERNING THE UNLAWFUL DISSEMINATION OF INTIMATE IMAGES.

AN ACT CONCERNING JUVENILE MATTERS

AN ACT MAKING MINOR AND TECHNICAL CHANGES TO VARIOUS STATUTES CONCERNING THE JUVENILE JUSTICE SYSTEM.