Connecticut 2016 Regular Session

Connecticut House Bill HB05527 Compare Versions

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1-General Assembly Substitute Bill No. 5527
2-February Session, 2016 *_____HB05527JUD___032216____*
1+General Assembly Raised Bill No. 5527
2+February Session, 2016 LCO No. 2600
3+ *02600_______JUD*
4+Referred to Committee on JUDICIARY
5+Introduced by:
6+(JUD)
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48 General Assembly
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6-Substitute Bill No. 5527
10+Raised Bill No. 5527
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812 February Session, 2016
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10-*_____HB05527JUD___032216____*
14+LCO No. 2600
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16+*02600_______JUD*
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18+Referred to Committee on JUDICIARY
19+
20+Introduced by:
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22+(JUD)
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1224 AN ACT CONCERNING CRIMES COMMITTED WHILE ON PRETRIAL RELEASE.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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1628 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 Subsection (f) of section 54-142a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
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18-(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 in connection with 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.
30+(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.
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2335 This act shall take effect as follows and shall amend the following sections:
2436 Section 1 October 1, 2016 54-142a(f)
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2638 This act shall take effect as follows and shall amend the following sections:
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2840 Section 1
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3042 October 1, 2016
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3244 54-142a(f)
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34-Statement of Legislative Commissioners:
46+Statement of Purpose:
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36-In Section 1(f)(3), "for the prosecution" was changed to "in connection with the prosecution" for consistency with existing statute.
48+To address an issue raised in State v. Apt, 319 Conn. 494 (2015), concerning disclosure of erased records, and to make such disclosure mandatory.
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40-JUD Joint Favorable Subst. -LCO
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42-JUD
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44-Joint Favorable Subst. -LCO
50+[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.]