General Assembly Substitute Bill No. 998
January Session, 2011 *_____SB00998JUD___042711____*
General Assembly
Substitute Bill No. 998
January Session, 2011
*_____SB00998JUD___042711____*
AN ACT CONCERNING REGISTRATION FOR CRIMES COMMITTED WITH A FIREARM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) For the purposes of sections 1 to 5, inclusive, of this act:
(1) "Conviction" means a judgment entered in this state by a court upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment.
(2) "Gun offense" means a violation of: Subsection (c) of section 2-1e of the general statutes; subsection (a), (b) or (i) of section 29-33 of the general statutes; section 29-34 of the general statutes; subsection (a) of section 29-35 of the general statutes; sections 29-36; 29-36k; 29-37e and 29-37j of the general statutes; subsections (b), (c) and (g) of section 53-202 of the general statutes; sections 53-202b; 53-202c; 53-202j; 53-202k and 53-202aa of the general statutes; subsection (b) of section 53a-8 of the general statutes; sections 53a-55a; 53a-56a; 53a-60a; 53a-60c; 53a-72b; 53a-92a; 53a-94a; 53a-102a; 53a-103a; 53a-211; 53a-212; 53a-217a; 53a-217b and 53a-217c of the general statutes.
(3) "Gun offender" means a person who has been convicted on or after October 1, 2011, of any gun offense, provided such person shall not be a gun offender if:
(A) Such person's conviction for a gun offense has been reversed on appeal or otherwise set aside pursuant to law; or
(B) The Board of Pardons and Paroles has granted a pardon concerning such conviction.
Sec. 2. (NEW) (Effective October 1, 2011) On and after October 1, 2011, whenever a court in this state convicts any defendant of a gun offense, such court shall:
(1) Enter an order certifying that the defendant is a gun offender;
(2) Advise such defendant of his or her duties under section 3 of this act; and
(3) Order such defendant to comply with the duties imposed upon him or her by section 3 of this act.
Sec. 3. (NEW) (Effective October 1, 2011) (a) Any gun offender residing in this state shall personally appear at and register with the municipal police department for the city, town or borough in which he or she resides or, if such city, town or borough has no police department, the resident state trooper or constable who performs law enforcement duties for said municipality, not later than forty-eight hours after:
(1) The date the court imposes the gun offender's sentence, if such offender receives a sentence that does not include imprisonment; or
(2) The date of release from a correctional institution, if the gun offender receives a sentence that includes imprisonment.
(b) The registration shall specify:
(1) The gun offender's name;
(2) A description of the crime for which the gun offender was convicted;
(3) The date the gun offender was convicted;
(4) The date the gun offender was released if the court imposed a term of imprisonment for such offender's conviction for any gun offense;
(5) Any other name by which the gun offender has been legally known;
(6) A list of all aliases that the gun offender has used;
(7) Identifying information of the gun offender, including a physical description;
(8) The gun offender's residence address;
(9) The names of any other city, town or borough where the gun offender has registered pursuant to this section; and
(10) Any other information required by such municipal police department, resident state trooper or constable pursuant to this section.
(c) The gun offender shall sign and date the registration.
(d) At the time that the gun offender appears to register, such municipal police department, resident state trooper or constable may photograph the gun offender for the inclusion of such photograph in the registration.
(e) The municipal police department, resident state trooper or constable may require the gun offender to provide documentation that verifies the contents of his or her registration.
(f) (1) Except as provided in subdivision (2) of this subsection, not later than twenty days after each twelve-month anniversary of (A) the date the court imposes the gun offender's sentence, if such offender receives a sentence that does not include imprisonment; or (B) the date of release from a correctional institution, if the gun offender receives a sentence that includes imprisonment, until the date specified in subsection (h) of this section, each gun offender residing in the state shall personally appear at the municipal police department for the city, town or borough in which such offender resides or, if such city, town or borough has no police department, with the resident state trooper or constable who performs law enforcement duties for such municipality, to verify and update, as appropriate, the contents of his or her registration.
(2) If the gun offender is confined to any correctional institution or hospital throughout the twenty-day period described in subdivision (1) of this subsection, such offender shall personally appear before such municipal police department, resident state trooper or constable not later than forty-eight hours after release to verify and update, as appropriate, the contents of his or her registration.
(g) If any gun offender changes his or her residence address and his or her new residence address is within this state, such offender shall, not later than forty-eight hours after the change of address, personally appear at the municipal police department for the city, town or borough of his or her new address or, if such city, town or borough has no police department, with the resident state trooper or constable who performs law enforcement duties for such municipality, to register in such city, town or borough, provided, if the new address is within the same city, town or borough as such offender's immediately preceding residence address, such offender shall update the contents of his or her current registration.
(h) The gun offender shall comply with the provisions of subsections (a) to (g), inclusive, of this section for any period during which he or she resides in the state for four years following:
(1) The date such offender's sentence is imposed, if he or she receives a sentence that does not include imprisonment; or
(2) The date of release from a correctional institution, if he or she receives a sentence that includes imprisonment.
(i) The police department for each town, city or borough, or, if such city, town or borough has no police department, the resident state trooper or constable who performs law enforcement duties for such municipality, shall establish and maintain a registry for the registration of gun offenders pursuant to this section. For each gun offender who registers with a municipal police department, resident state trooper or constable, such police department, resident state trooper or constable shall retain the registration information provided by such offender for a period of four years following: (1) The date of conviction of such offender, if the offender receives a sentence that does not include imprisonment, or (2) the date of release of such offender, if the offender receives a sentence that includes imprisonment. When the four-year period described in this subsection has expired for any offender, any police department, resident state trooper or constable with a gun offender registration for such offender shall expunge such information from its records.
Sec. 4. (NEW) (Effective October 1, 2011) (a) The municipal police department, resident state trooper or constable may make the information collected under section 3 of this act available to any federal, state or local law enforcement agency.
(b) The municipal police department, resident state trooper or constable may cooperate with other federal, state or municipal agencies and the courts of this state to facilitate the implementation of section 3 of this act.
Sec. 5. (NEW) (Effective October 1, 2011) (a) No gun offender may:
(1) Fail to register as required by section 3 of this act or the rules and regulations adopted under section 3 of this act;
(2) Fail to verify the information as required by section 3 of this act or by the rules and regulations adopted under section 3 of this act; or
(3) Provide false information in the registration or verification required by section 3 of this act or by the rules and regulations adopted under section 3 of this act.
(b) Any person whose conviction for a gun offense is reversed on appeal or otherwise set aside pursuant to law, or who the Board of Pardons and Paroles pardons from such conviction, may request expungement of his or her registration and release from the obligations imposed on him or her by the act if such person provides the municipal police department, resident state trooper or constable with (1) a written request for expungement pursuant to this subsection, and (2) a certified copy of the court order reversing and dismissing the conviction or a certified copy of the certificate of pardon.
(c) Any gun offender who violates any provision of subsection (a) of this section shall be fined not more than one thousand dollars, imprisoned not more than one year, or be both fined and imprisoned.
Sec. 6. (NEW) (Effective October 1, 2011) All provisions of sections 2 to 5, inclusive, of this act are severable. If a court determines that a word, phrase, clause, sentence, subdivision, subsection, section or other provision of sections 2 to 5, inclusive, of this act is invalid or that the application of any part to any person or circumstance is invalid, the remaining provisions and the application or those provisions to other persons or circumstances shall not be affected by that decision.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 New section
Sec. 2 October 1, 2011 New section
Sec. 3 October 1, 2011 New section
Sec. 4 October 1, 2011 New section
Sec. 5 October 1, 2011 New section
Sec. 6 October 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
New section
Sec. 2
October 1, 2011
New section
Sec. 3
October 1, 2011
New section
Sec. 4
October 1, 2011
New section
Sec. 5
October 1, 2011
New section
Sec. 6
October 1, 2011
New section
PS Joint Favorable Subst.
JUD Joint Favorable
PS
Joint Favorable Subst.
JUD
Joint Favorable