General Assembly Raised Bill No. 5527
February Session, 2016 LCO No. 2600
*02600_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 5527
February Session, 2016
LCO No. 2600
*02600_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING CRIMES COMMITTED WHILE ON PRETRIAL RELEASE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (f) of section 54-142a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(f) Upon motion properly brought, the court or a judge thereof, if such court is not in session, [may] shall order disclosure of such records (1) to a defendant in an action for false arrest arising out of the proceedings so erased, [or] (2) to the prosecuting attorney, [and defense counsel] defendant and court in connection with any perjury or false statement charges which the prosecutor alleges may have arisen from the testimony elicited [during the trial] from a defendant or witness in court, or (3) to the prosecuting attorney, defendant and court for the prosecution of a person for committing a crime while on release or for violating the conditions of release in a case that was subsequently nolled or dismissed. Such disclosure of such records is subject also to any records destruction program pursuant to which the records may have been destroyed. The jury charge in connection with erased offenses may be ordered by the judge for use by the judiciary, provided the names of the accused and the witnesses are omitted therefrom.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2016 54-142a(f)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2016
54-142a(f)
Statement of Purpose:
To address an issue raised in State v. Apt, 319 Conn. 494 (2015), concerning disclosure of erased records, and to make such disclosure mandatory.
[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.]