Legislative Recommendations to the 2013 Regular Session of the General Assembly

The Division of Criminal Justice is submitting the following recommendations for legislation to the committee indicated for consideration in the 2013 Regular Session of the General Assembly.

An Act Concerning Grand Jury Reform

• To facilitate the use of the investigatory grand jury in certain criminal investigations.

An Act Concerning the Unauthorized Practice of Law

• To increase the penalty for unauthorized practice of law and to extend the statute to those suspended for other than failure to pay occupational tax.

An Act Concerning Consecutive Periods of Probation

• To clarify that probation begins for an incarcerated inmate after the completion of incarceration, addressing the issue raised in State v. Moore, 85 Conn. App. 7 (2004)

An Act Concerning Sexual Assault in the First Degree

• To correct inconsistencies in the sentencing scheme for sexual assault.

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

• (1) To bring consistency to the procedures employed for in rem and asset forfeiture proceedings resulting from criminal acts; (2) to strengthen the penalties for “peeping tom” violations and provide for the prosecution of incidents of voyeurism that go undetected for a prolonged period of time; (3) to clarify the intent of public act 10-112; (4) to eliminate an obsolete notice requirement concerning DNA evidence, and (5) to clarify that probation officers may set a bond or release a defendant on a promise to appear in violation of probation matters.

An Act Concerning Competency to Stand Trial

• To provide additional flexibility in the prosecution of cases where the defendant is found imcompetent to stand trial.

An Act Concerning the Sexual Assault of a Person Whose Ability to Consent is Substantially Impaired Due to Mental Disability

• To provide that sexual intercourse or sexual contact with a person whose ability to resist or consent is substantially impaired because of a mental or physical condition or advanced age constitutes the crime of sexual assault.

PUBLIC SAFETY AND SECURITY COMMITTEE

An Act Concerning Extradition of Fugitives

• To facilitate the return to Connecticut of fugitive defendants in criminal cases who have absconded to another jurisdiction after having bond posted through a bail bond agent.

An Act Concerning Child Pornography

• To amend 53a-196d to address material found on the “cloud” vs. downloaded.

An Act Concerning the Timing of Tests for Blood Alcohol Levels in Operating Under the Influence Cases.

• To remove the requirement that a test for blood alcohol levels be performed within two hours of operation for purposes of administrative per se hearings and to require that any test not commenced within two hours be established as reliable by expert witness testimony for purpose of criminal prosecution.

JOINT COMMITTEE ON BANKS

An Act Concerning Debit Card Crimes

• To amend 53a-128a to explicity include debit cards in the definition of credit cards.

SELECT COMMITTEE ON CHILDREN

An Act Concerning the Manslaughter of a Child.

• To strengthen the penalty for manslaughter when the victim is a child.

SPEAKER'S TASK FORCE ON DOMESTIC VIOLENCE

An Act Concerning Assault

• To provide for a more severe penalty in cases where an individual is severely beaten resulting in serious physical injury, an issue raised in State v. LaFleur, 307 Conn. 115, 140 (2012).

An Act Concerning Standing Criminal Protective Orders

• To amend section 53a-40e to remove [against a family or household member as defined in section 46b-38a].