| 1 | 1 | | General Assembly Raised Bill No. 5445 |
|---|
| 2 | 2 | | February Session, 2010 LCO No. 2001 |
|---|
| 3 | 3 | | *02001_______JUD* |
|---|
| 4 | 4 | | Referred to Committee on Judiciary |
|---|
| 5 | 5 | | Introduced by: |
|---|
| 6 | 6 | | (JUD) |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | General Assembly |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | Raised Bill No. 5445 |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | February Session, 2010 |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | LCO No. 2001 |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | *02001_______JUD* |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | Referred to Committee on Judiciary |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | Introduced by: |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | (JUD) |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | AN ACT CONCERNING THE DEATH PENALTY. |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Section 1. Section 52-466 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | (a) (1) An application for a writ of habeas corpus, other than an application pursuant to subdivision (2) of this subsection, shall be made to the superior court [, or to a judge thereof,] for the judicial district in which the person whose custody is in question is claimed to be illegally confined or deprived of such person's liberty. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | (2) An application for a writ of habeas corpus claiming illegal confinement or deprivation of liberty, made by or on behalf of an inmate or prisoner confined in a correctional facility as a result of a conviction of a crime, shall be made to the superior court [, or to a judge thereof,] for the judicial district of Tolland. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | (b) The application shall be verified by the affidavit of the applicant for the writ alleging that he truly believes that the person on whose account the writ is sought is illegally confined or deprived of his liberty. |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | (c) The writ shall be directed to some proper officer to serve and return, who shall serve the same by putting a true and attested copy of it into the hands of the person who has the custody of the body of the person who is directed to be presented upon the writ. If the officer fails to make immediate return of the writ, with his actions thereon, he shall pay fifty dollars to the person so held in custody. |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | [(d) Any judge of the Superior Court to whom an application for a writ of habeas corpus is made may make the writ returnable before any other judge of the court, the consent of the other judge being first obtained; and the other judge shall thereupon proceed with the matter with the same authority as though the application had been originally presented to him. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | (e) If the application is made to a judge, the judge may certify the proceedings into court and the case shall thereupon be entered upon the docket and proceeded with as though the application had originally been made to the court.] |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | [(f)] (d) A foster parent or an approved adoptive parent shall have standing to make application for a writ of habeas corpus regarding the custody of a child currently or recently in his care for a continuous period of not less than ninety days in the case of a child under three years of age at the time of such application and not less than one hundred eighty days in the case of any other child. |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | (e) Upon the filing of an application for a writ of habeas corpus challenging a conviction of a capital felony and a sentence of death, the Chief Court Administrator shall designate one judge of the Superior Court to monitor the pleadings and to dispose of the case in a summary manner as set forth in section 52-470. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | Sec. 2. Subsection (c) of section 54-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | (c) In any criminal prosecution in which the defendant has been sentenced to death, [and has taken an appeal to the Supreme Court of this state or the Supreme Court of the United States or brought a writ of error, writ of certiorari or petition for a new trial, the taking of the appeal, the making of the application for a writ of certiorari or the return into court of the writ of error or petition for a new trial shall, unless, upon application by the state's attorney and after hearing, the Supreme Court otherwise orders, stay the execution of the death penalty until the clerk of the court where the trial was had has received notification of the termination of any such proceeding by decision or otherwise, and for thirty days thereafter] the sentence shall be stayed during the pendency of the direct appeal and for thirty days thereafter. If the defendant brings a petition for writ of certiorari to the Supreme Court of the United States, the sentence shall be stayed until the Supreme Court of the United States has finally determined the matter and for ten days thereafter. If the defendant brings an application for a writ of habeas corpus or a timely petition for a new trial, the sentence shall be stayed until the matter is finally determined and for thirty days thereafter. The filing of a petition for certification to appeal the denial of an application for a writ of habeas corpus or the filing of an appeal from the denial of a petition for a new trial shall stay the execution of the sentence until any appeal to the Appellate Court or Supreme Court of this state is finally determined and for ten days thereafter or until ten days after the petition for certification is denied if no appeal is filed. Only the first application for a writ of habeas corpus or petition for a new trial shall give rise to an automatic stay pursuant to this subsection. If the defendant brings a second or subsequent application for a writ of habeas corpus or petition for a new trial, any motion for a stay of the sentence shall be made to the Supreme Court of this state and shall only be granted upon a showing by the defendant of a likelihood of success upon the merits. No appellate procedure shall be deemed to have terminated until the end of the period allowed by law for the filing of a motion for reargument, or, if such motion is filed, until the proceedings consequent thereon are finally determined. When execution is stayed under the provisions of this section, the clerk of the court shall forthwith give notice thereof to the warden of the institution in which such defendant is in custody. If the original judgment of conviction has been affirmed or remains in full force at the time when the clerk has received the notification of the termination of any proceedings by appeal, [writ of certiorari, writ of error or] petition for a new trial or application for a writ of habeas corpus, and the day designated for the infliction of the death penalty has then passed or will pass within thirty days thereafter, the defendant shall, within said period of thirty days, upon an order of the court in which the judgment was rendered at a regular or special criminal session thereof, be presented before said court by the warden of the institution in which the defendant is in custody or his deputy, and the court, with the judge assigned to hold the session presiding, shall thereupon designate a day for the infliction of the death penalty and the clerk of the court shall issue a warrant of execution, reciting therein the original judgment, the fact of the stay of execution and the final order of the court, which warrant shall be forthwith served upon the warden or his deputy. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | Sec. 3. (NEW) (Effective October 1, 2010) The Division of Criminal Justice, the Division of Public Defender Services, the Judicial Department, the Division of State Police within the Department of Public Safety and the Department of Correction shall collect and maintain information on the actual costs incurred by each such agency in the investigation, prosecution, defense, adjudication or postconviction review of capital felony cases and in the incarceration of, or the incarceration and execution of, persons convicted of a capital felony. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | Sec. 4. (NEW) (Effective October 1, 2010) The Chief Public Defender, the Chief State's Attorney and the Chief Court Administrator, or their designees, shall develop and implement a plan for the collection and maintenance of information on all homicide cases that could be charged and prosecuted as capital felonies, notwithstanding that any such homicide case is not charged, prosecuted or disposed of as a capital felony. Such information shall include, but not be limited to: (1) Information on the race, ethnicity, gender, religion, sexual orientation, age and socioeconomic status of the defendant or defendants and the victim or victims, (2) information on the geographic area where the offense occurred and where the offense was prosecuted, (3) the nature and circumstances of the offense, (4) the offense or offenses for which the defendant was charged, (5) the offense or offenses for which the defendant was prosecuted, (6) if the case was tried by a jury, the race, ethnicity and gender of the persons who served on the jury and the persons who were excused from serving on the jury, (7) the offense or offenses for which the defendant was convicted or acquitted, (8) the sentence sought by the prosecution, and (9) if the defendant was convicted, whether such conviction was the result of a trial or a plea, and the sentence imposed. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | Sec. 5. (NEW) (Effective October 1, 2010) (a) No person shall be subject to a sentence of death or sentenced to death if such sentence was sought on the basis of the race, ethnicity, gender, religion or sexual orientation of the defendant or the victim. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | (b) A defendant charged with the commission of a crime punishable by death may raise a claim that considerations of the race, ethnicity, gender, religion or sexual orientation of the defendant or the victim played a significant part in the decision to seek or impose a sentence of death in his or her case. The defendant shall raise such claim at the pretrial conference. The defendant shall state with particularity how the evidence supports such claim. |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | (c) The court shall schedule a hearing on the claim and shall prescribe a time for the submission of evidence by both parties. |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | (d) At such hearing, the defendant has the burden of proving by clear and convincing evidence that the race, ethnicity, gender, religion or sexual orientation of the defendant or the victim was the basis of the decision to seek the death penalty. The state may offer evidence in rebuttal of the claims or evidence of the defendant. |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | (e) Evidence relevant to establish a finding that the race, ethnicity, gender, religion or sexual orientation of the defendant or the victim was the basis of the decision to seek a sentence of death may include statistical evidence or other evidence, or both, that sentences of death were sought significantly more frequently: (1) Upon persons of one race, ethnicity, gender, religion or sexual orientation than upon persons of another race, ethnicity, gender, religion or sexual orientation, or (2) as punishment for offenses punishable by death committed against persons of one race, ethnicity, gender, religion or sexual orientation than as punishment for offenses punishable by death committed against persons of another race, ethnicity, gender, religion or sexual orientation. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (f) A finding that the race, ethnicity, gender, religion or sexual orientation of the defendant or the victim was the basis of the decision to seek a sentence of death may be established if the court finds that the race, ethnicity, gender, religion or sexual orientation of the defendant or the victim was a significant factor in decisions to seek the sentence of death in other cases in this state at the time the sentence of death was sought. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (g) If the court finds that the race, ethnicity, gender, religion or sexual orientation of the defendant or the victim was the basis of the decision to seek the sentence of death, the court shall order that a sentence of death shall not be sought. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | Sec. 6. (NEW) (Effective October 1, 2010) (a) There is established a Death Penalty Authorization Committee for the purpose of reviewing and authorizing requests by prosecutorial officials to seek the death penalty with respect to defendants charged with the commission of crimes punishable by death. The committee shall consist of the Chief State's Attorney and the state's attorneys appointed for each judicial district. The Chief State's Attorney shall serve as chairperson of the committee. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (b) Whenever a defendant is charged with a crime punishable by death and the prosecutorial official intends to seek the imposition of the death penalty upon such defendant if such defendant is convicted of such crime, the prosecutorial official shall file a request for authorization to seek the death penalty with the committee. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (c) The prosecutorial official shall prepare a memorandum in support of such official's request for authorization to seek the death penalty in such form and providing such information as the committee may prescribe. The prosecutorial official shall submit to the committee all relevant information in the official's possession about the defendant's character, background or history, and the nature and circumstances of the crime. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (d) The prosecutorial official shall consult with the family of the victim concerning the decision whether to seek the death penalty and if the official decides to file a request for authorization to seek the death penalty the official shall include the views of the family in the official's submission to the committee. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (e) In any case in which a prosecutorial official is considering whether to request authorization to seek the death penalty, the official shall give the defendant or the defendant's attorney a reasonable opportunity to present any facts, including mitigating factors, to the official for consideration in the official's decision to seek the death penalty. If the prosecutorial official decides to file a request for authorization to seek the death penalty, the official shall include any written material provided by the defendant or the defendant's attorney in opposition to such request in the official's submission to the committee. |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (f) Except as otherwise required by law, the memorandum and information submitted by the prosecutorial official to the committee shall not be subject to discovery by the defendant or the defendant's attorney. |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | (g) The committee shall review requests for authorization to seek the death penalty filed in accordance with subsection (b) of this section. The committee shall consider all the information submitted by the prosecutorial official and shall provide the defendant's attorney with an opportunity to present to the committee the reasons why the death penalty should not be sought. After considering all the information submitted, the committee, by a majority vote of the total membership of the committee, shall approve or deny such request in writing. |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | (h) No prosecutorial official shall seek the imposition of the death penalty without the prior written authorization of the committee. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | Sec. 7. Section 53a-46a of the general statutes is amended by adding subsection (j) as follows (Effective October 1, 2010): |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | (NEW) (j) No court shall impose the sentence of death pursuant to this section unless the prosecutorial official has, prior to commencement of trial or acceptance of a guilty plea, filed a request for authorization to seek the death penalty pursuant to section 6 of this act and the Death Penalty Authorization Committee has approved such request pursuant to said section. |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | Sec. 8. (NEW) (Effective October 1, 2010) The Office of the Chief Public Defender shall establish an annual training program for public defenders and special assistant public defenders who represent defendants charged with the commission of a crime punishable by death. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | Sec. 9. (NEW) (Effective October 1, 2010) The Office of the Chief State's Attorney shall establish an annual training program for prosecutors who represent the state in cases in which a defendant is charged with the commission of a crime punishable by death. |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | Sec. 10. (NEW) (Effective October 1, 2010) There is established a Capital Defense Support Unit within the Office of the Chief Public Defender to provide support services to special assistant public defenders appointed by the court to represent defendants charged with the commission of a crime punishable by death. The unit shall provide support services and resources to such special assistant public defenders including, but not limited to, full-time investigators and mitigation specialists, comparable to the services and resources provided to public defenders in similar cases. |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | Sec. 11. Section 53a-46b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | (a) Any sentence of death imposed in accordance with the provisions of section 53a-46a, as amended by this act, shall be reviewed by the Supreme Court pursuant to its rules. In addition to its authority to correct errors at trial, the Supreme Court shall either affirm the sentence of death or vacate said sentence and remand for imposition of a sentence in accordance with subdivision (1) of section 53a-35a. |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | (b) The Supreme Court shall affirm the sentence of death unless it determines that: (1) The sentence was the product of passion, prejudice or any other arbitrary factor; [or] (2) the evidence fails to support the finding of an aggravating factor specified in subsection (i) of section 53a-46a, as amended by this act; or (3) the sentence is excessive or disproportionate to the penalty imposed in similar cases, considering both the circumstances of the crime and the character and record of the defendant. In conducting the proportionality review required by subdivision (3) of this subsection, the Supreme Court may review similar cases by examining summaries of such cases and shall not be required to examine the complete record of such cases. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | (c) The sentence review shall be in addition to direct appeal and, if an appeal is taken, the review and appeal shall be consolidated for consideration. The court shall then render its decision on the legal errors claimed and the validity of the sentence. |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | Sec. 12. (NEW) (Effective October 1, 2010) (a) For the purposes of this section: |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | (1) "Custody" means the circumstance when (A) a person has been placed under formal arrest, or (B) there is a restraint on a person's freedom of movement of the degree associated with a formal arrest and a reasonable person, in view of all the circumstances, would have believed that he or she was not free to leave; |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | (2) "Interrogation" means questioning initiated by a law enforcement official or any words or actions on the part of a law enforcement official, other than those normally attendant to arrest and custody, that such official should know are reasonably likely to elicit an incriminating response from the person; |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | (3) "Place of detention" means a police station or barracks, courthouse, correctional facility, community correctional center, detention facility or any facility under the control of a law enforcement agency; and |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | (4) "Person suspected of murder" means a person who a law enforcement official reasonably suspects has committed a murder. |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | (b) Whenever a person suspected of murder is in custody of a law enforcement official at a place of detention, a law enforcement official shall, prior to any interrogation of such person, advise such person: (1) That he or she has the right to remain silent and to refuse to make any statement, (2) that any statement he or she makes can be used against him or her in a court of law, (3) that he or she has the right to the presence of an attorney, and (4) that, if he or she cannot afford an attorney, an attorney will be appointed for him or her prior to any interrogation if he or she so desires. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | (c) Whenever a person suspected of murder is in custody of a law enforcement official at a place of detention, a law enforcement official shall not interrogate such person unless such person has knowingly, intelligently and voluntarily waived the rights set forth in subsection (b) of this section. |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | (d) Whenever a person suspected of murder is in custody of a law enforcement official at a place of detention and subjected to interrogation, a law enforcement official shall cause to be electronically recorded by means of a video and audio recording device or, if the use of such video and audio recording device is not practicable, by means of an audio recording device: (1) The advisement of rights by a law enforcement official pursuant to subsection (b) of this section, (2) the waiver of rights by such person pursuant to subsection (c) of this section, and (3) the entire interrogation. |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | Sec. 13. (NEW) (Effective October 1, 2010) (a) There is established an electronic recording of custodial interrogations grant program which shall be administered by the Office of Policy and Management. Grants may be made to municipalities for the purpose of purchasing equipment for the electronic recording of custodial interrogations of persons suspected of murder, as required by section 12 of this act. |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | (b) Funds appropriated for the purpose of this section shall be used only for grants to eligible municipalities and may not be used for administrative purposes by the Office of Policy and Management. |
|---|
| 121 | 121 | | |
|---|
| 122 | 122 | | Sec. 14. (NEW) (Effective October 1, 2010) (a) For the purposes of this section: |
|---|
| 123 | 123 | | |
|---|
| 124 | 124 | | (1) "Eyewitness" means a person who observes another person at or near the scene of an offense; |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | (2) "Photo lineup" means a procedure in which an array of photographs, including a photograph of the person suspected as the perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator; |
|---|
| 127 | 127 | | |
|---|
| 128 | 128 | | (3) "Live lineup" means a procedure in which a group of persons, including the person suspected as the perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator; |
|---|
| 129 | 129 | | |
|---|
| 130 | 130 | | (4) "Identification procedure" means either a photo lineup or a live lineup; and |
|---|
| 131 | 131 | | |
|---|
| 132 | 132 | | (5) "Filler" means either a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure. |
|---|
| 133 | 133 | | |
|---|
| 134 | 134 | | (b) Not later than January 1, 2011, each municipal police department and the Department of Public Safety shall adopt procedures for the conducting of photo lineups and live lineups that comply with the following requirements: |
|---|
| 135 | 135 | | |
|---|
| 136 | 136 | | (1) When practicable, the person conducting the identification procedure shall be a person who is not aware of which person in the photo lineup or live lineup is suspected as the perpetrator of the offense; |
|---|
| 137 | 137 | | |
|---|
| 138 | 138 | | (2) The photo lineup and live lineup identification procedures shall be conducted in sequence so that the eyewitness is shown each photograph or each person one at a time rather than viewing the photographs or the persons simultaneously; |
|---|
| 139 | 139 | | |
|---|
| 140 | 140 | | (3) The eyewitness shall be instructed prior to the identification procedure: |
|---|
| 141 | 141 | | |
|---|
| 142 | 142 | | (A) That the perpetrator may not be among the persons in the photo lineup or the live lineup; |
|---|
| 143 | 143 | | |
|---|
| 144 | 144 | | (B) That the eyewitness should not feel compelled to make an identification; |
|---|
| 145 | 145 | | |
|---|
| 146 | 146 | | (C) That each photograph or person will be viewed one at a time; |
|---|
| 147 | 147 | | |
|---|
| 148 | 148 | | (D) That the photographs or persons will be displayed in random order; |
|---|
| 149 | 149 | | |
|---|
| 150 | 150 | | (E) That the eyewitness should take as much time as needed in making a decision about each photograph or person before moving to the next one; and |
|---|
| 151 | 151 | | |
|---|
| 152 | 152 | | (F) That all photographs or persons will be shown to the eyewitness, even if an identification is made before all have been viewed; |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | (4) The photo lineup or live lineup shall be composed so that the fillers generally fit the description of the person suspected as the perpetrator and, in the case of a photo lineup, so that the photograph of the person suspected as the perpetrator resembles his or her appearance at the time of the offense and does not unduly stand out; |
|---|
| 155 | 155 | | |
|---|
| 156 | 156 | | (5) If the eyewitness has previously viewed a photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the person suspected as the perpetrator participates shall be different from the fillers used in any prior lineups; |
|---|
| 157 | 157 | | |
|---|
| 158 | 158 | | (6) At least five fillers shall be included in the photo lineup and at least four fillers shall be included in the live lineup, in addition to the person suspected as the perpetrator; |
|---|
| 159 | 159 | | |
|---|
| 160 | 160 | | (7) In a photo lineup, no writings or information concerning any previous arrest of the person suspected as the perpetrator shall be visible to the eyewitness; |
|---|
| 161 | 161 | | |
|---|
| 162 | 162 | | (8) In a live lineup, any identification actions, such as speaking or making gestures or other movements, shall be performed by all lineup participants; |
|---|
| 163 | 163 | | |
|---|
| 164 | 164 | | (9) In a live lineup, all lineup participants shall be out of the view of the eyewitness at the beginning of the identification procedure; |
|---|
| 165 | 165 | | |
|---|
| 166 | 166 | | (10) The person suspected as the perpetrator shall be the only suspected perpetrator included in the identification procedure; |
|---|
| 167 | 167 | | |
|---|
| 168 | 168 | | (11) Nothing shall be said to the eyewitness regarding the position in the photo lineup or the live lineup of the person suspected as the perpetrator, except as otherwise provided in subparagraph (D) of subdivision (3) of this subsection; |
|---|
| 169 | 169 | | |
|---|
| 170 | 170 | | (12) Nothing shall be said to the eyewitness that might influence the eyewitness's selection of the person suspected as the perpetrator; |
|---|
| 171 | 171 | | |
|---|
| 172 | 172 | | (13) If the eyewitness identifies a person as the perpetrator, the eyewitness shall not be provided any information concerning such person prior to obtaining the eyewitness's statement that he or she is certain of the selection; |
|---|
| 173 | 173 | | |
|---|
| 174 | 174 | | (14) A written record of the identification procedure shall be made that includes the following information: |
|---|
| 175 | 175 | | |
|---|
| 176 | 176 | | (A) All identification and nonidentification results obtained during the identification procedure, signed by the eyewitness, including the eyewitness's own words regarding how certain he or she is of the selection; |
|---|
| 177 | 177 | | |
|---|
| 178 | 178 | | (B) The names of all persons present at the identification procedure; |
|---|
| 179 | 179 | | |
|---|
| 180 | 180 | | (C) The date and time of the identification procedure; |
|---|
| 181 | 181 | | |
|---|
| 182 | 182 | | (D) The order in which the photographs or persons were displayed to the eyewitness; |
|---|
| 183 | 183 | | |
|---|
| 184 | 184 | | (E) In a photo lineup, the photographs themselves; |
|---|
| 185 | 185 | | |
|---|
| 186 | 186 | | (F) In a photo lineup, identification information and the sources of all photographs used; and |
|---|
| 187 | 187 | | |
|---|
| 188 | 188 | | (G) In a live lineup, identification information on all persons who participated in the lineup. |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | Sec. 15. (NEW) (Effective October 1, 2010) (a) For the purposes of this section, "informant" means a person who was incarcerated or otherwise detained at the same time as the defendant. |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | (b) Whenever, in the prosecution of a defendant for the commission of a crime punishable by death, the prosecutorial official intends to introduce evidence of incriminating statements made by the defendant to an informant, the official shall, prior to commencement of trial, timely disclose such intent to the defendant and the court. |
|---|
| 193 | 193 | | |
|---|
| 194 | 194 | | (c) The court shall, prior to commencement of trial, conduct an evidentiary hearing to determine whether the testimony of the informant is reliable, unless the defendant waives such hearing. The prosecutorial official shall have the burden of showing by a preponderance of the evidence that the testimony of the informant is reliable. |
|---|
| 195 | 195 | | |
|---|
| 196 | 196 | | (d) In determining whether the testimony of the informant is reliable, the court shall consider: |
|---|
| 197 | 197 | | |
|---|
| 198 | 198 | | (1) The complete criminal history of the informant; |
|---|
| 199 | 199 | | |
|---|
| 200 | 200 | | (2) Any deal, promise, inducement or benefit that any prosecutorial official or law enforcement official, or any agent of such official, has made or will make in the future to the informant; |
|---|
| 201 | 201 | | |
|---|
| 202 | 202 | | (3) The statements made by the defendant; |
|---|
| 203 | 203 | | |
|---|
| 204 | 204 | | (4) The time and place of the statements, the time and place of their disclosure to law enforcement officials and the names of all persons who were present when the statements were made; |
|---|
| 205 | 205 | | |
|---|
| 206 | 206 | | (5) Whether at any time the informant recanted that testimony or statement and, if so, the time and place of the recantment, the nature of the recantment and the names of the persons who were present at the recantment; |
|---|
| 207 | 207 | | |
|---|
| 208 | 208 | | (6) Other cases, of which the prosecutorial official is aware, in which the informant testified against an individual or offered a statement against an individual, and whether the informant received any deal, promise, inducement or benefit in exchange for or subsequent to that testimony or statement; and |
|---|
| 209 | 209 | | |
|---|
| 210 | 210 | | (7) Any other information relevant to the informant's credibility. |
|---|
| 211 | 211 | | |
|---|
| 212 | 212 | | Sec. 16. (NEW) (Effective October 1, 2010) (a) In any prosecution of a defendant for the commission of a crime punishable by death, the prosecutorial official in charge of the case shall, without request therefor, disclose to the defendant in writing the existence of, and make available to the defendant for inspection, photographing, copying and reasonable testing, all materials and information with respect to such crime in the possession, custody or control of the Division of Criminal Justice, except that nothing shall require the disclosure and inspection, photographing, copying and testing of (1) reports and memoranda or other internal documents made by a prosecutorial official or law enforcement official in connection with the investigation or prosecution of the case, and (2) materials and information exempted by court order pursuant to subsection (d) of this section. |
|---|
| 213 | 213 | | |
|---|
| 214 | 214 | | (b) The materials and information required to be disclosed pursuant to subsection (a) of this section shall be in addition to any exculpatory materials and information required to be disclosed and made available pursuant to section 54-86c of the general statutes or any other provision of law. |
|---|
| 215 | 215 | | |
|---|
| 216 | 216 | | (c) Each law enforcement official shall provide to the prosecutorial official in charge of the prosecution of a person for the commission of a crime punishable by death, all materials and information with respect to such crime which such law enforcement official has in such official's possession, custody or control. |
|---|
| 217 | 217 | | |
|---|
| 218 | 218 | | (d) Upon motion of the prosecutorial official, and for good cause shown, a court may order that the disclosure and inspection, photographing, copying and testing of materials and information required pursuant to subsection (a) of this section be denied, restricted or deferred. |
|---|
| 219 | 219 | | |
|---|
| 220 | 220 | | (e) The prosecutorial official in charge of the case shall prepare and maintain a written inventory of all materials and information with respect to such crime in the possession, custody or control of the Division of Criminal Justice and shall keep a written record of all materials and information disclosed to the defendant pursuant to subsection (a) of this section. |
|---|
| 221 | 221 | | |
|---|
| 222 | 222 | | Sec. 17. Section 53a-46d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
|---|
| 223 | 223 | | |
|---|
| 224 | 224 | | [A] If a defendant is convicted of or pleads guilty to a crime punishable by death, a victim impact statement prepared with the assistance of a victim advocate to be placed in court files in accordance with subdivision (2) of subsection (a) of section 54-220 [may] shall be read in court [prior to imposition of sentence upon a defendant found guilty of a crime punishable by death] after the jury or, if there is no jury, the court returns a special verdict pursuant to subsection (e) of section 53a-46a, as amended by this act, and prior to the imposition by the court of the sentence upon the defendant. |
|---|
| 225 | 225 | | |
|---|
| 226 | 226 | | Sec. 18. (Effective October 1, 2010) The sum of ___ dollars is appropriated, from the General Fund, to the Division of Criminal Justice, for the fiscal year ending June 30, 2011, for purposes of (1) the training of prosecutors required by section 9 of this act, and (2) hiring additional prosecutors and support staff to handle appellate and habeas corpus proceedings in cases in which a defendant has been convicted of a crime punishable by death. |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | Sec. 19. (Effective October 1, 2010) The sum of ___ dollars is appropriated, from the General Fund, to the Public Defender Services Commission, for the fiscal year ending June 30, 2011, for purposes of (1) payment of an increased hourly compensation rate to special assistant public defenders appointed by the court to represent defendants charged with the commission of a crime punishable by death, (2) the training of public defenders and special assistant public defenders required by section 8 of this act, (3) hiring two appellate attorneys, one paralegal and two secretaries or clerks, (4) providing additional office space, (5) establishing a computerized database for Connecticut death penalty law, (6) hiring an attorney to design and maintain such database, and (7) establishing a post-conviction unit to handle appellate and habeas corpus proceedings in cases in which a defendant has been convicted of a crime punishable by death. |
|---|
| 229 | 229 | | |
|---|
| 230 | 230 | | Sec. 20. (Effective October 1, 2010) The sum of ___ dollars is appropriated, from the General Fund, to the Judicial Department, for the fiscal year ending June 30, 2011, for purposes of ensuring the timely adjudication of habeas corpus matters. |
|---|
| 231 | 231 | | |
|---|
| 232 | 232 | | |
|---|
| 233 | 233 | | |
|---|
| 234 | 234 | | |
|---|
| 235 | 235 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 236 | 236 | | Section 1 October 1, 2010 52-466 |
|---|
| 237 | 237 | | Sec. 2 from passage 54-95(c) |
|---|
| 238 | 238 | | Sec. 3 October 1, 2010 New section |
|---|
| 239 | 239 | | Sec. 4 October 1, 2010 New section |
|---|
| 240 | 240 | | Sec. 5 October 1, 2010 New section |
|---|
| 241 | 241 | | Sec. 6 October 1, 2010 New section |
|---|
| 242 | 242 | | Sec. 7 October 1, 2010 53a-46a |
|---|
| 243 | 243 | | Sec. 8 October 1, 2010 New section |
|---|
| 244 | 244 | | Sec. 9 October 1, 2010 New section |
|---|
| 245 | 245 | | Sec. 10 October 1, 2010 New section |
|---|
| 246 | 246 | | Sec. 11 October 1, 2010 53a-46b |
|---|
| 247 | 247 | | Sec. 12 October 1, 2010 New section |
|---|
| 248 | 248 | | Sec. 13 October 1, 2010 New section |
|---|
| 249 | 249 | | Sec. 14 October 1, 2010 New section |
|---|
| 250 | 250 | | Sec. 15 October 1, 2010 New section |
|---|
| 251 | 251 | | Sec. 16 October 1, 2010 New section |
|---|
| 252 | 252 | | Sec. 17 October 1, 2010 53a-46d |
|---|
| 253 | 253 | | Sec. 18 October 1, 2010 New section |
|---|
| 254 | 254 | | Sec. 19 October 1, 2010 New section |
|---|
| 255 | 255 | | Sec. 20 October 1, 2010 New section |
|---|
| 256 | 256 | | |
|---|
| 257 | 257 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 258 | 258 | | |
|---|
| 259 | 259 | | Section 1 |
|---|
| 260 | 260 | | |
|---|
| 261 | 261 | | October 1, 2010 |
|---|
| 262 | 262 | | |
|---|
| 263 | 263 | | 52-466 |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | Sec. 2 |
|---|
| 266 | 266 | | |
|---|
| 267 | 267 | | from passage |
|---|
| 268 | 268 | | |
|---|
| 269 | 269 | | 54-95(c) |
|---|
| 270 | 270 | | |
|---|
| 271 | 271 | | Sec. 3 |
|---|
| 272 | 272 | | |
|---|
| 273 | 273 | | October 1, 2010 |
|---|
| 274 | 274 | | |
|---|
| 275 | 275 | | New section |
|---|
| 276 | 276 | | |
|---|
| 277 | 277 | | Sec. 4 |
|---|
| 278 | 278 | | |
|---|
| 279 | 279 | | October 1, 2010 |
|---|
| 280 | 280 | | |
|---|
| 281 | 281 | | New section |
|---|
| 282 | 282 | | |
|---|
| 283 | 283 | | Sec. 5 |
|---|
| 284 | 284 | | |
|---|
| 285 | 285 | | October 1, 2010 |
|---|
| 286 | 286 | | |
|---|
| 287 | 287 | | New section |
|---|
| 288 | 288 | | |
|---|
| 289 | 289 | | Sec. 6 |
|---|
| 290 | 290 | | |
|---|
| 291 | 291 | | October 1, 2010 |
|---|
| 292 | 292 | | |
|---|
| 293 | 293 | | New section |
|---|
| 294 | 294 | | |
|---|
| 295 | 295 | | Sec. 7 |
|---|
| 296 | 296 | | |
|---|
| 297 | 297 | | October 1, 2010 |
|---|
| 298 | 298 | | |
|---|
| 299 | 299 | | 53a-46a |
|---|
| 300 | 300 | | |
|---|
| 301 | 301 | | Sec. 8 |
|---|
| 302 | 302 | | |
|---|
| 303 | 303 | | October 1, 2010 |
|---|
| 304 | 304 | | |
|---|
| 305 | 305 | | New section |
|---|
| 306 | 306 | | |
|---|
| 307 | 307 | | Sec. 9 |
|---|
| 308 | 308 | | |
|---|
| 309 | 309 | | October 1, 2010 |
|---|
| 310 | 310 | | |
|---|
| 311 | 311 | | New section |
|---|
| 312 | 312 | | |
|---|
| 313 | 313 | | Sec. 10 |
|---|
| 314 | 314 | | |
|---|
| 315 | 315 | | October 1, 2010 |
|---|
| 316 | 316 | | |
|---|
| 317 | 317 | | New section |
|---|
| 318 | 318 | | |
|---|
| 319 | 319 | | Sec. 11 |
|---|
| 320 | 320 | | |
|---|
| 321 | 321 | | October 1, 2010 |
|---|
| 322 | 322 | | |
|---|
| 323 | 323 | | 53a-46b |
|---|
| 324 | 324 | | |
|---|
| 325 | 325 | | Sec. 12 |
|---|
| 326 | 326 | | |
|---|
| 327 | 327 | | October 1, 2010 |
|---|
| 328 | 328 | | |
|---|
| 329 | 329 | | New section |
|---|
| 330 | 330 | | |
|---|
| 331 | 331 | | Sec. 13 |
|---|
| 332 | 332 | | |
|---|
| 333 | 333 | | October 1, 2010 |
|---|
| 334 | 334 | | |
|---|
| 335 | 335 | | New section |
|---|
| 336 | 336 | | |
|---|
| 337 | 337 | | Sec. 14 |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | October 1, 2010 |
|---|
| 340 | 340 | | |
|---|
| 341 | 341 | | New section |
|---|
| 342 | 342 | | |
|---|
| 343 | 343 | | Sec. 15 |
|---|
| 344 | 344 | | |
|---|
| 345 | 345 | | October 1, 2010 |
|---|
| 346 | 346 | | |
|---|
| 347 | 347 | | New section |
|---|
| 348 | 348 | | |
|---|
| 349 | 349 | | Sec. 16 |
|---|
| 350 | 350 | | |
|---|
| 351 | 351 | | October 1, 2010 |
|---|
| 352 | 352 | | |
|---|
| 353 | 353 | | New section |
|---|
| 354 | 354 | | |
|---|
| 355 | 355 | | Sec. 17 |
|---|
| 356 | 356 | | |
|---|
| 357 | 357 | | October 1, 2010 |
|---|
| 358 | 358 | | |
|---|
| 359 | 359 | | 53a-46d |
|---|
| 360 | 360 | | |
|---|
| 361 | 361 | | Sec. 18 |
|---|
| 362 | 362 | | |
|---|
| 363 | 363 | | October 1, 2010 |
|---|
| 364 | 364 | | |
|---|
| 365 | 365 | | New section |
|---|
| 366 | 366 | | |
|---|
| 367 | 367 | | Sec. 19 |
|---|
| 368 | 368 | | |
|---|
| 369 | 369 | | October 1, 2010 |
|---|
| 370 | 370 | | |
|---|
| 371 | 371 | | New section |
|---|
| 372 | 372 | | |
|---|
| 373 | 373 | | Sec. 20 |
|---|
| 374 | 374 | | |
|---|
| 375 | 375 | | October 1, 2010 |
|---|
| 376 | 376 | | |
|---|
| 377 | 377 | | New section |
|---|
| 378 | 378 | | |
|---|
| 379 | 379 | | Statement of Purpose: |
|---|
| 380 | 380 | | |
|---|
| 381 | 381 | | To revise the process for seeking post-conviction relief in death penalty cases and adopt the recommendations of the Connecticut Commission on the Death Penalty submitted to the General Assembly in January, 2003. |
|---|
| 382 | 382 | | |
|---|
| 383 | 383 | | [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.] |
|---|