Connecticut 2011 Regular Session

Connecticut House Bill HB06646 Compare Versions

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1-General Assembly Substitute Bill No. 6646
2-January Session, 2011 *_____HB06646JUD___041311____*
1+General Assembly Raised Bill No. 6646
2+January Session, 2011 LCO No. 5142
3+ *05142_______JUD*
4+Referred to Committee on Judiciary
5+Introduced by:
6+(JUD)
37
48 General Assembly
59
6-Substitute Bill No. 6646
10+Raised Bill No. 6646
711
812 January Session, 2011
913
10-*_____HB06646JUD___041311____*
14+LCO No. 5142
15+
16+*05142_______JUD*
17+
18+Referred to Committee on Judiciary
19+
20+Introduced by:
21+
22+(JUD)
1123
1224 AN ACT MAKING MINOR, TECHNICAL AND CONFORMING CHANGES TO CERTAIN STATUTES CONCERNING CRIMINAL AND CIVIL LAW AND PROCEDURE.
1325
1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
1527
1628 Section 1. Subdivision (2) of subsection (j) of section 10-145b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
1729
1830 (2) When the Commissioner of Education is notified, pursuant to section 10-149a or 17a-101i, that a person holding a certificate, authorization or permit issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, has been convicted of (A) a capital felony, pursuant to section 53a-54b, (B) arson murder, pursuant to section 53a-54d, (C) a class A felony, (D) a class B felony, except a violation of section 53a-122, 53a-252 or 53a-291, (E) a crime involving an act of child abuse or neglect as described in section 46b-120, or (F) a violation of section 53-21, 53-37a, [53a-49,] 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of section 21a-277, any certificate, permit or authorization issued by the State Board of Education and held by such person shall be deemed revoked and the commissioner shall notify such person of such revocation, provided such person may request reconsideration pursuant to regulations adopted by the State Board of Education, in accordance with the provisions of chapter 54. As part of such reconsideration process, the board shall make the initial determination as to whether to uphold or overturn the revocation. The commissioner shall make the final determination as to whether to uphold or overturn the revocation.
1931
2032 Sec. 2. Section 10-145i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
2133
2234 Notwithstanding the provisions of sections 10-144o to 10-146b, inclusive, and 10-149, the State Board of Education shall not issue or reissue any certificate, authorization or permit pursuant to said sections if (1) the applicant for such certificate, authorization or permit has been convicted of any of the following: (A) A capital felony, as defined in section 53a-54b; (B) arson murder, as defined in section 53a-54d; (C) any class A felony; (D) any class B felony except a violation of section 53a-122, 53a-252 or 53a-291; (E) a crime involving an act of child abuse or neglect as described in section 46b-120; or (F) a violation of section 53-21, 53-37a, [53a-49,] 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or a violation of subsection (a) of section 21a-277, and (2) the applicant completed serving the sentence for such conviction within the five years immediately preceding the date of the application.
2335
2436 Sec. 3. Subsection (a) of section 31-51rr of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
2537
2638 (a) Each political subdivision of the state shall grant any employee of such political subdivision who is a party to a [civil union, as defined in section 46b-38aa] marriage in which the other party is of the same sex as such employee, and who has been employed for at least twelve months by such employer and for at least one thousand two hundred fifty hours of service with such employer during the previous twelve-month period the same family and medical leave benefits under the federal Family and Medical Leave Act, Public Law 103-3, and 29 CFR 825.112, as are provided to an employee who is a party to a marriage in which the other party is of the opposite sex of such employee.
2739
2840 Sec. 4. Subsection (b) of section 51-164n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
2941
3042 (b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-393, 8-25, 8-27, 9-63, 9-296, 9-305, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292 or 12-326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, subsection (b) of section 14-66, section 14-66a, 14-66b or 14-67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 as specified in subsection (e) of said section, subdivision (1) of section 14-223a, section 14-240, 14-249, 14-250 or 14-253a, subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) of section 14-283, section 14-291, 14-293b, 14-296aa, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-33, subsection (a) of section 15-115, section 16-256, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137 or 17b-734, subsection (b) of section 17b-736, section 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-257, 20-265 or 20-324e, section 20-341l, 20-597, 20-608, 20-610, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21, 21a-25, 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-85, 21a-154, 21a-159, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-381d, 22a-449, 22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or (b) of section 23-65, section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-224a, 26-227, 26-230, 26-294, 28-13, 29-6a, 29-109, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, section 29-161y, 29-161z, 29-198, 29-210, 29-243, 29-277, subsection (c) of section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 36a-787, 42-230, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, [46b-38dd, 46b-38gg, 46b-38kk,] 47-34a, 47-47, 49-8a, 49-16 or 53-133, or section 53-212a, 53-249a, 53-252, 53-264, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344 or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.
3143
32-Sec. 5. Section 45a-719 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
33-
34-The court may grant a motion to open or set aside a judgment terminating parental rights pursuant to section 52-212 or 52-212a, as amended by this act, or pursuant to common law or may grant a petition for a new trial on the issue of the termination of parental rights, provided the court shall consider the best interest of the child, except that no such motion or petition may be granted if a final decree of adoption has been issued prior to the filing of any such motion or petition. Any person who has legal custody of the child or who has physical custody of the child pursuant to an agreement, including an agreement with the Department of Children and Families or a licensed child-placing agency, may provide evidence to the court concerning the best interest of the child at any hearing held on the motion to [reopen] open or set aside a judgment terminating parental rights. For the purpose of this section, "best interest of the child" shall include, but not be limited to, a consideration of the age of the child, the nature of the relationship of the child with the caretaker of the child, the length of time the child has been in the custody of the caretaker, the nature of the relationship of the child with the birth parent, the length of time the child has been in the custody of the birth parent, any relationship that may exist between the child and siblings or other children in the caretaker's household, and the psychological and medical needs of the child. The determination of the best interest of the child shall not be based on a consideration of the socio-economic status of the birth parent or the caretaker.
35-
36-Sec. 6. Subsection (g) of section 46b-160 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
37-
38-(g) The court or family support magistrate shall enter a default judgment against a nonresident putative father if such putative father (1) fails to answer or otherwise respond to the petition, or (2) fails to appear for a scheduled genetic test without good cause, provided a default judgment shall not be entered against a nonresident putative father unless (A) there is evidence that the nonresident putative father has received actual notice of the petition pursuant to subsection (c) of this section, and (B) there is verification that the process served upon the putative father included the answer form, notice to the defendant and an application for appointment of counsel required by subsection (e) of this section. Upon entry of a default judgment, a copy of the judgment and a form for a motion to [reopen] open shall be served upon the father in the same manner as provided in subsection (c) of this section.
39-
40-Sec. 7. Subsection (b) of section 46b-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
41-
42-(b) Whenever the Superior Court or family support magistrate [reopens] opens a judgment of paternity entered pursuant to this section in which a person was found to be the father of a child who is or has been supported by the state and the court or family support magistrate finds that the person adjudicated the father is not the father of the child, the Department of Social Services shall refund to such person any money paid to the state by such person during the period such child was supported by the state.
43-
44-Sec. 8. Section 52-212a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
44+Sec. 5. Section 52-212a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
4545
4646 Unless otherwise provided by law and except in such cases in which the court has continuing jurisdiction, a civil judgment or decree rendered in the Superior Court may not be opened or set aside unless a motion to open or set aside is filed within four months following the date on which it was rendered or passed. The continuing jurisdiction conferred on the court in preadoptive proceedings pursuant to subsection (o) of section 17a-112 does not confer continuing jurisdiction on the court for purposes of [reopening] opening a judgment terminating parental rights. The parties may waive the provisions of this section or otherwise submit to the jurisdiction of the court, provided the filing of an amended petition for termination of parental rights does not constitute a waiver of the provisions of this section or a submission to the jurisdiction of the court to [reopen] open a judgment terminating parental rights.
4747
48-Sec. 9. Section 54-95b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
49-
50-Any judgment rendered in the Superior Court in any case involving prosecution for a motor vehicle violation or criminal offense adjudging the defendant to pay a fine only, may be [reopened] opened, provided a motion to [reopen] open is filed within four months succeeding the date on which it was rendered.
51-
52-Sec. 10. Section 53-39a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
48+Sec. 6. Section 53-39a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
5349
5450 Whenever, in any prosecution of an officer of the Division of State Police within the Department of Public Safety, or a member of the Office of State Capitol Police or any person appointed under section 29-18 as a special policeman for the State Capitol building and grounds, the Legislative Office Building and parking garage and related structures and facilities, and other areas under the supervision and control of the Joint Committee on Legislative Management, or a local police department for a crime allegedly committed by such officer in the course of his duty as such, the charge is dismissed or the officer found not guilty, such officer shall be indemnified by his employing governmental unit for economic loss sustained by him as a result of such prosecution, including the payment of reasonable attorney's fees and costs incurred. [during the prosecution and the enforcement of this section.] Such officer may bring an action in the Superior Court against such employing governmental unit to enforce the provisions of this section and, if such officer prevails, such officer shall be indemnified by his employing governmental unit for reasonable attorney's fees and costs incurred in bringing such action.
5551
56-Sec. 11. Section 53a-137 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
52+Sec. 7. Section 53a-137 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
5753
5854 The following definitions are applicable to this part:
5955
6056 (1) "Written instrument" means any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.
6157
6258 (2) "Complete written instrument" means a written instrument which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. An endorsement, attestation, acknowledgment or other similar signature or statement is deemed both a complete written instrument in itself and a part of the main instrument in which it is contained or to which it attaches.
6359
6460 (3) "Incomplete written instrument" means a written instrument which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.
6561
6662 (4) A person "falsely makes" a written instrument when [(A)] such person makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, the ostensible maker or drawer did not authorize the making or drawing thereof. [, or (B) such person signs his or her own name to a written instrument, thereby falsely and fraudulently representing that he or she has authority to sign in such capacity.]
6763
6864 (5) A person "falsely completes" a written instrument when (A) such person, by adding, inserting or changing matter, transforms an incomplete written instrument into a complete written instrument, without the authority of any person entitled to grant it, so that such complete written instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer, or (B) such person signs his or her [own] name to a written instrument [, thereby falsely and fraudulently representing that he or she has authority] that states the capacity in which such person signs, but such person is without authority of any person entitled to grant it to sign in such capacity.
6965
7066 (6) A person "falsely alters" a written instrument when [(A)] such person, without the authority of any person entitled to grant it, changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter or transposition of matter or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer. [, or (B) such person signs his or her own name to a written instrument, thereby falsely and fraudulently representing that he or she has authority to sign in such capacity.]
7167
7268 (7) "Forged instrument" means a written instrument which has been falsely made, completed or altered.
7369
74-Sec. 12. Section 54-102l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
70+Sec. 8. Section 54-102l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
7571
7672 A person whose DNA profile has been included in the data bank pursuant to sections 54-102g to 54-102k, inclusive, may request expungement on the grounds that the criminal conviction or the finding of not guilty by reason of mental disease or defect on which the authority for including the person's DNA profile was based has been reversed and the case dismissed. The State Police Forensic Science Laboratory shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (1) a written request for expungement pursuant to this section, and (2) a certified copy of the court order reversing [and dismissing] the conviction or the finding of not guilty by reason of mental disease or defect and dismissing the case.
7773
78-Sec. 13. Subsection (d) of section 54-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
74+Sec. 9. Subsection (d) of section 54-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
7975
8076 (d) The commission shall be composed of the following members or their designees:
8177
8278 (1) Eight persons appointed one each by: (A) The Governor, (B) the Chief Justice of the Supreme Court, (C) the president pro tempore of the Senate, (D) the speaker of the House of Representatives, (E) the majority leader of the Senate, (F) the majority leader of the House of Representatives, (G) the minority leader of the Senate, and (H) the minority leader of the House of Representatives, all of whom shall serve for a term of four years;
8379
8480 (2) Two judges appointed by the Chief Justice of the Supreme Court, one of whom shall serve for a term of one year and one of whom shall serve for a term of three years;
8581
8682 (3) One representative of the Court Support Services Division of the Judicial Branch appointed by the Chief Justice of the Supreme Court, who shall serve for a term of two years;
8783
8884 (4) The Commissioner of Correction, who shall serve for a term coterminous with his or her term of office;
8985
9086 (5) The Chief State's Attorney, who shall serve for a term coterminous with his or her term of office;
9187
9288 (6) The Chief Public Defender, who shall serve for a term coterminous with his or her term of office;
9389
9490 (7) One state's attorney appointed by the Chief State's Attorney, who shall serve for a term of three years;
9591
9692 (8) One member of the criminal defense bar appointed by the president of the Connecticut Criminal Defense Lawyers Association, who shall serve for a term of three years;
9793
9894 (9) The Victim Advocate, who shall serve for a term coterminous with his or her term of office;
9995
10096 (10) The chairperson of the Board of Pardons and Paroles, who shall serve for a term coterminous with his or her term of office;
10197
10298 (11) The Commissioner of Public Safety, who shall serve for a term coterminous with his or her term of office;
10399
104100 (12) A municipal police chief appointed by the president of the Connecticut Police Chiefs Association, who shall serve for a term of two years;
105101
106102 (13) The Commissioner of Mental Health and Addiction Services, who shall serve for a term coterminous with his or her term of office;
107103
108104 (14) The undersecretary of the Criminal Justice Policy and Planning Division within the Office of Policy and Management, who shall serve for a term coterminous with his or her term of office; and
109105
110106 (15) An active or retired judge appointed by the Chief Justice of the Supreme Court, who shall serve as chairperson of the commission and serve for a term of four years.
111107
112108
113109
114110
115111 This act shall take effect as follows and shall amend the following sections:
116112 Section 1 July 1, 2011 10-145b(j)(2)
117113 Sec. 2 July 1, 2011 10-145i
118114 Sec. 3 July 1, 2011 31-51rr(a)
119115 Sec. 4 July 1, 2011 51-164n(b)
120-Sec. 5 July 1, 2011 45a-719
121-Sec. 6 July 1, 2011 46b-160(g)
122-Sec. 7 July 1, 2011 46b-171(b)
123-Sec. 8 July 1, 2011 52-212a
124-Sec. 9 July 1, 2011 54-95b
125-Sec. 10 July 1, 2011 53-39a
126-Sec. 11 July 1, 2011 53a-137
127-Sec. 12 July 1, 2011 54-102l
128-Sec. 13 July 1, 2011 54-300(d)
116+Sec. 5 July 1, 2011 52-212a
117+Sec. 6 July 1, 2011 53-39a
118+Sec. 7 July 1, 2011 53a-137
119+Sec. 8 July 1, 2011 54-102l
120+Sec. 9 July 1, 2011 54-300(d)
129121
130122 This act shall take effect as follows and shall amend the following sections:
131123
132124 Section 1
133125
134126 July 1, 2011
135127
136128 10-145b(j)(2)
137129
138130 Sec. 2
139131
140132 July 1, 2011
141133
142134 10-145i
143135
144136 Sec. 3
145137
146138 July 1, 2011
147139
148140 31-51rr(a)
149141
150142 Sec. 4
151143
152144 July 1, 2011
153145
154146 51-164n(b)
155147
156148 Sec. 5
157149
158150 July 1, 2011
159151
160-45a-719
152+52-212a
161153
162154 Sec. 6
163155
164156 July 1, 2011
165157
166-46b-160(g)
158+53-39a
167159
168160 Sec. 7
169161
170162 July 1, 2011
171163
172-46b-171(b)
164+53a-137
173165
174166 Sec. 8
175167
176168 July 1, 2011
177169
178-52-212a
170+54-102l
179171
180172 Sec. 9
181173
182174 July 1, 2011
183175
184-54-95b
185-
186-Sec. 10
187-
188-July 1, 2011
189-
190-53-39a
191-
192-Sec. 11
193-
194-July 1, 2011
195-
196-53a-137
197-
198-Sec. 12
199-
200-July 1, 2011
201-
202-54-102l
203-
204-Sec. 13
205-
206-July 1, 2011
207-
208176 54-300(d)
209177
178+Statement of Purpose:
210179
180+To make minor, technical or conforming changes to certain statutes and recent public acts concerning criminal and civil law and procedure.
211181
212-JUD Joint Favorable Subst.
213-
214-JUD
215-
216-Joint Favorable Subst.
182+[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.]