General Assembly Substitute Bill No. 6537
January Session, 2011 *_____HB06537APP___051111____*
General Assembly
Substitute Bill No. 6537
January Session, 2011
*_____HB06537APP___051111____*
AN ACT CONCERNING SPEEDY TRIALS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-82m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
In accordance with the provisions of section 51-14, the judges of the Superior Court shall make such rules as they deem necessary to provide a procedure to assure a speedy trial for any person charged with a criminal offense on or after July 1, 1985. Such rules shall provide that (1) in any case in which a plea of not guilty is entered, the trial of a defendant charged in an information [or indictment] with the commission of a criminal offense shall commence within twelve months from the filing date of the information or [indictment or from] the date of the arrest, whichever is later, except that when such defendant is incarcerated in a correctional institution of this state pending such trial and is not subject to the provisions of section 54-82c, the trial of such defendant shall commence within eight months from the filing date of the information or [indictment or from] the date of arrest, whichever is later, if the most serious charge contained in the information is a felony, or within ninety days from the filing date of the information or the date of arrest, whichever is later, if the most serious charge contained in the information is a misdemeanor; [and] (2) except as provided in subdivision (3) of this section, if a defendant is not brought to trial within the time limit set forth in subdivision (1) of this section and a trial is not commenced within thirty days of a motion for a speedy trial made by the defendant at any time after such time limit has passed, the information [or indictment] shall be dismissed; and (3) if a defendant is incarcerated in a correctional institution of this state pending trial and is not subject to the provisions of section 54-82c, only one information is filed against the defendant and the most serious charge contained in the information is a misdemeanor, and the defendant is not brought to trial within the ninety-day limit set forth in subdivision (1) of this section, (A) the defendant shall be released by the court upon the defendant's execution of a written promise to appear with such nonfinancial conditions, if any, found sufficient to reasonably assure the appearance of the defendant in court, (B) the trial of such defendant shall commence within twelve months from the filing date of the information or the date of the arrest, whichever is later, and (C) if the trial is not commenced within such twelve-month limit, the information shall be dismissed. Such rules shall include provisions to identify periods of delay caused by the action of the defendant, or the defendant's inability to stand trial, to be excluded in computing the time limits set forth in subdivision (1) of this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 54-82m
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
54-82m
JUD Joint Favorable Subst.
APP Joint Favorable
JUD
Joint Favorable Subst.
APP
Joint Favorable