General Assembly Raised Bill No. 5634
February Session, 2016 LCO No. 3209
*03209_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 5634
February Session, 2016
LCO No. 3209
*03209_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE COSTS OF EXTRADITING FUGITIVES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2016) (a) There is established an account to be known as the "criminal justice bail bonds extradition account" which shall be a separate, nonlapsing account within the Insurance Fund, established under section 38a-52a of the general statutes. Said account shall contain any moneys required pursuant to subsection (c) of this section and sections 53a-172 and 53a-173 of the general statutes, as amended by this act, to be deposited in the account. Moneys in the account shall be expended or distributed by the Division of Criminal Justice for efforts to return fugitives who have failed to appear on surety or professional bail bonds to this state for prosecution.
(b) The Division of Criminal Justice, in consultation with surety bail bond agents licensed under chapter 700f of the general statutes, and professional bondsmen licensed under chapter 533 of the general statutes, shall develop a schedule of allowable costs associated with such efforts to return fugitives that are eligible for expenditures or reimbursement from said account. Said division may access funds from said account for the purpose of such expenditures and reimbursements in a manner determined by said division.
(c) (1) Each surety bail bond agent licensed under chapter 700f of the general statutes, and each professional bondsman licensed under chapter 533 of the general statutes, as of October first, shall annually on or before November thirtieth, pay to the Insurance Commissioner a fee of two hundred dollars for deposit into said account established under subsection (a) of this section.
(2) The commissioner shall suspend the license of any surety bail bond agent who fails to pay the fee assessed in accordance with subdivision (1) of this subsection. The commissioner shall reinstate the license of any such surety bail bond agent who pays such fee, provided such agent is in compliance with provisions of chapter 700f of the general statutes.
(3) (A) Not later than October fifteenth, the Commissioner of Emergency Services and Public Protection shall provide a list of each professional bondsman licensed under chapter 533 of the general statutes on October first to the Insurance Commissioner.
(B) Not later than December fifteenth, the Insurance Commissioner shall submit a list to the Commissioner of Emergency Services and Public Protection that includes any such professional bondsman who failed to pay the fee assessed in accordance with subdivision (1) of this subsection.
Sec. 2. Subsection (d) of section 51-277 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(d) (1) The Chief State's Attorney and each deputy chief state's attorney may sign any warrants, informations, applications for grand jury investigations and applications for extradition, provided in the case of a warrant of arrest for a person accused of a felony, the state's attorney for the judicial district issuing such warrant of arrest or said attorney's designee shall impose geographical limitations on extradition for purposes of such arrest, prior to the signing of such warrant.
(2) The Chief State's Attorney may, with the prior consent of the state's attorney for the judicial district, appear in court to represent the state.
(3) The Chief State's Attorney may represent the state in lieu of a state's attorney for a judicial district in any investigation, criminal action or proceeding if the Chief State's Attorney finds by clear and convincing evidence, misconduct, conflict of interest or malfeasance of a state's attorney, provided, upon request of such state's attorney, the Criminal Justice Commission, pursuant to regulations adopted in accordance with chapter 54, and after notice and hearing and good cause shown, may designate such state's attorney to represent the state in such investigation, criminal action or proceeding. In any case where the Chief State's Attorney indicates his intent to represent the state in lieu of a state's attorney under this subdivision, and such state's attorney objects to such representation, upon the request of such state's attorney the Chief State's Attorney and the state's attorney shall each prepare a written statement of their claims relative to such representation. Both statements shall be submitted to the commission to be considered by it at such hearing and shall become a permanent record which may be reviewed by the commission and used at the time of reappointment of the Chief State's Attorney or such state's attorney.
Sec. 3. (NEW) (Effective October 1, 2016) The Department of Emergency Services and Public Protection and any municipal police department authorized to make an arrest in accordance with a warrant for the arrest of a person accused of a felony signed pursuant to subsection (d) of section 51-277 of the general statutes, as amended by this act, shall, not later than two weeks after receiving any such warrant, enter such warrant, including the geographical limitations on extradition into any appropriate database.
Sec. 4. (NEW) (Effective October 1, 2016) In the case of any person convicted of an offense for which funds from the criminal justice bail bonds extradition account established under subsection (a) of section 1 of this act for efforts to extradite such person to this state, the court may order such person to reimburse said account for any such funds.
Sec. 5. Section 53a-172 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) A person is guilty of failure to appear in the first degree when (1) while charged with the commission of a felony and while out on bail or released under other procedure of law, such person wilfully fails to appear when legally called according to the terms of such person's bail bond or promise to appear, or (2) while on probation for conviction of a felony, such person wilfully fails to appear when legally called for any court hearing relating to a violation of such probation.
(b) Failure to appear in the first degree is a class D felony.
(c) Upon motion of the prosecuting official, the court may order any person convicted under this section to pay a fee to the criminal justice bail bonds extradition account established under section 1 of this act in an amount not to exceed fifty dollars.
Sec. 6. Section 53a-173 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) A person is guilty of failure to appear in the second degree when (1) while charged with the commission of a misdemeanor or a motor vehicle violation for which a sentence to a term of imprisonment may be imposed and while out on bail or released under other procedure of law, such person wilfully fails to appear when legally called according to the terms of such person's bail bond or promise to appear, or (2) while on probation for conviction of a misdemeanor or motor vehicle violation, such person wilfully fails to appear when legally called for any court hearing relating to a violation of such probation.
(b) Failure to appear in the second degree is a class A misdemeanor.
(c) Upon motion of the prosecuting official, the court may order any person convicted under this section to pay a fee to the criminal justice bail bonds extradition account established under section 1 of this act in an amount not to exceed fifty dollars.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2016 New section
Sec. 2 October 1, 2016 51-277(d)
Sec. 3 October 1, 2016 New section
Sec. 4 October 1, 2016 New section
Sec. 5 October 1, 2016 53a-172
Sec. 6 October 1, 2016 53a-173
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2016
New section
Sec. 2
October 1, 2016
51-277(d)
Sec. 3
October 1, 2016
New section
Sec. 4
October 1, 2016
New section
Sec. 5
October 1, 2016
53a-172
Sec. 6
October 1, 2016
53a-173
Statement of Purpose:
To create a new account funded by the bail bonds industry and fees paid by persons convicted of failure to appear for the purpose of funding efforts by the Division of Criminal Justice to extradite fugitives who have absconded on bail bonds back to this state for prosecution.
[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.]