Testimony of the Division of Criminal Justice

In Support of:

H.B. No. 6476 (RAISED): An Act Concerning Jurisdiction in Homicide Cases

Joint Committee on Judiciary

March 7, 2011

The Division of Criminal Justice respectfully recommends and requests the Committee’s Joint Favorable Report for H.B. No. 6476, An Act Concerning Jurisdiction in Homicide Cases. This bill seeks to clarify the law concerning the prosecution of criminal matters where there may be a question whether the actual criminal act was committed in this state.

The Division of Criminal Justice drafted this legislation in response to several situations, most recently a case where the body of a homicide victim was recovered along the side of a road very near to the state border with New York. While there was clear evidence that a homicide had been committed, there was a clear question of where that crime had taken place.

The bill would provide sound legal footing for the State of Connecticut to initiate prosecution in a homicide case where the body of the victim is found within the borders of this state. That does not mean that the case will absolutely be prosecuted by this state, and, in fact, the bill provides a mechanism to rebut the presumption that the crime occurred in Connecticut.

This legislation was drafted by the Division of Criminal Justice based on existing law in other states. It is our intention that this bill will clarify the law and help to prevent a most unfortunate situation where a homicide could be proven but the case jeopardized by the uncertainty of where it occurred. Crossing the state line should not become a license to kill.

The Division thanks the Committee for your attention to this matter and would be happy to provide any additional information or answer any questions you might have.