General Assembly Raised Bill No. 6750
January Session, 2015 LCO No. 3446
*03446_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
General Assembly
Raised Bill No. 6750
January Session, 2015
LCO No. 3446
*03446_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
AN ACT EXPANDING THE REQUIREMENT FOR DISCLOSURE OF ARREST RECORDS DURING A PENDING PROSECUTION UNDER THE FREEDOM OF INFORMATION ACT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 1-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Notwithstanding any provision of the general statutes, [to the contrary, and except as otherwise provided in this section,] any record of the arrest of any person, other than a juvenile, except a record erased pursuant to chapter 961a, shall be a public record from the time of such arrest and shall be disclosed in accordance with the provisions of section 1-212 and subsection (a) of section 1-210, [except that disclosure of data or information other than that set forth in subdivision (1) of subsection (b) of this section shall be subject to the provisions of subdivision (3) of subsection (b) of section 1-210] and any such record shall not be subject to any exemption from disclosure contained in any other provision of the general statutes. Any personal possessions or effects found on a person at the time of such person's arrest shall not be disclosed unless such possessions or effects are relevant to the crime for which such person was arrested.
(b) In addition to the disclosure of any record of the arrest of any person required under this section, and notwithstanding the existence of a pending prosecution, any other public record that pertains to the arrest of any person shall be disclosed in accordance with the provisions of section 1-212 and subsection (a) of section 1-210 unless such record is exempt from disclosure pursuant to the provisions of subdivision (3) of subsection (b) of section 1-210.
[(b)] (c) For the purposes of this section, "record of the arrest" means (1) the name and address of the person arrested, the date, time and place of the arrest and the offense for which the person was arrested, and (2) at least one of the following, designated by the law enforcement agency: The arrest report, incident report, news release or other similar report of the arrest of a person.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2015 1-215
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2015
1-215
Statement of Purpose:
To reverse the recent Connecticut Supreme Court decision in Commissioner of Public Safety v. FOIC which concluded that law enforcement agencies' disclosure obligations under the Freedom of Information Act during pending prosecutions are governed only by section 1-215 of the general statutes.
[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.]