| 1 | 1 | | General Assembly Raised Bill No. 324 |
|---|
| 2 | 2 | | February Session, 2016 LCO No. 2094 |
|---|
| 3 | 3 | | *02094_______JUD* |
|---|
| 4 | 4 | | Referred to Committee on JUDICIARY |
|---|
| 5 | 5 | | Introduced by: |
|---|
| 6 | 6 | | (JUD) |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | General Assembly |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | Raised Bill No. 324 |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | February Session, 2016 |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | LCO No. 2094 |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | *02094_______JUD* |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | Referred to Committee on JUDICIARY |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | Introduced by: |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | (JUD) |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | AN ACT CONCERNING A TEMPORARY HOLDING PERIOD FOR CERTAIN FAMILY VIOLENCE ARRESTEES. |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Section 1. Section 54-63c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | (a) Except in cases of arrest pursuant to a bench warrant of arrest in which the court or a judge thereof has indicated that bail should be denied or ordered that the officer or indifferent person making such arrest shall, without undue delay, bring such person before the clerk or assistant clerk of the superior court for the geographical area under section 54-2a, when any person is arrested for a bailable offense, the chief of police, or the chief's authorized designee, of the police department having custody of the arrested person or any probation officer serving a violation of probation warrant shall promptly advise such person of the person's rights under section 54-1b, and of the person's right to be interviewed concerning the terms and conditions of release. Unless the arrested person waives or refuses such interview, the police officer or probation officer shall promptly interview the arrested person to obtain information relevant to the terms and conditions of the person's release from custody, and shall seek independent verification of such information where necessary. At the request of the arrested person, the person's counsel may be present during the interview. No statement made by the arrested person in response to any question during the interview related to the terms and conditions of release shall be admissible as evidence against the arrested person in any proceeding arising from the incident for which the conditions of release were set. After such a waiver, refusal or interview, and except as provided in subsection (b) of this section, the police officer or probation officer shall promptly order release of the arrested person upon the execution of a written promise to appear or the posting of such bond as may be set by the police officer or probation officer, except that no condition of release set by the court or a judge thereof may be modified by such officers and no person shall be released upon the execution of a written promise to appear or the posting of a bond without surety if the person is charged with the commission of a family violence crime, as defined in section 46b-38a, and in the commission of such crime the person used or threatened the use of a firearm. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | (b) Any person charged with the commission of a family violence crime, as defined in section 46b-38a, or a violation of an order issued pursuant to section 46b-15 or subsection (e) of section 46b-38c, shall be held without bond for a period of eight hours or until such person is presented to the Superior Court pursuant to section 54-1g, whichever is earlier, if a police officer finds at the time of arrest or at any time prior to the release of such person, any of the following factors: (1) The use or threatened use of a deadly weapon by the arrested person or a pattern of prior conduct involving the use or threatened use of a deadly weapon against the alleged victim or a minor child of the arrested person or alleged victim, (2) a threat by the arrested person to seriously injure or kill the alleged victim or a minor child of the arrested person or alleged victim, (3) a threat by the arrested person to commit suicide, or (4) that the arrested person inflicted a serious physical injury upon the alleged victim or a minor child of the arrested person or alleged victim. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | [(b)] (c) If the person is charged with the commission of a family violence crime, as defined in section 46b-38a, and, at the time of arrest or any time prior to the release of such person, the police officer does not find present any of the factors described in subsection (b) of this section, or such person is to be released after being held for eight hours pursuant to said subsection (b) and the police officer does not intend to impose nonfinancial conditions of release pursuant to this subsection, the police officer shall, pursuant to the procedure set forth in subsection (a) of this section, promptly order the release of such person upon the execution of a written promise to appear or the posting of such bond as may be set by the police officer. If such person is not so released, the police officer shall make reasonable efforts to immediately contact a bail commissioner or an intake, assessment and referral specialist employed by the Judicial Branch to set the conditions of such person's release pursuant to section 54-63d. If, after making such reasonable efforts, the police officer is unable to contact a bail commissioner or an intake, assessment and referral specialist or contacts a bail commissioner or an intake, assessment and referral specialist but such bail commissioner or intake, assessment and referral specialist is unavailable to promptly perform such bail commissioner's or intake, assessment and referral specialist's duties pursuant to section 54-63d, the police officer shall, pursuant to the procedure set forth in subsection (a) of this section, order the release of such person upon the execution of a written promise to appear or the posting of such bond as may be set by the police officer and may impose nonfinancial conditions of release which may require that the arrested person do one or more of the following: (1) Avoid all contact with the alleged victim of the crime, (2) comply with specified restrictions on the person's travel, association or place of abode that are directly related to the protection of the alleged victim of the crime, or (3) not use or possess a dangerous weapon, intoxicant or controlled substance. Any such nonfinancial conditions of release shall be indicated on a form prescribed by the Judicial Branch and sworn to by the police officer. Such form shall articulate (A) the efforts that were made to contact a bail commissioner or an intake, assessment and referral specialist, (B) the specific factual basis relied upon by the police officer to impose the nonfinancial conditions of release, and (C) if the arrested person was non-English-speaking, that the services of a translation service or interpreter were used. A copy of that portion of the form that indicates the nonfinancial conditions of release shall immediately be provided to the arrested person. A copy of the entire form shall be provided to counsel for the arrested person at arraignment. Any nonfinancial conditions of release imposed pursuant to this subsection shall remain in effect until the arrested person is presented before the Superior Court pursuant to subsection (a) of section 54-1g. On such date, the court shall conduct a hearing pursuant to section 46b-38c at which the defendant is entitled to be heard with respect to the issuance of a protective order. |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | [(c)] (d) When cash bail in excess of ten thousand dollars is received for a detained person accused of a felony, where the underlying facts and circumstances of the felony involve the use, attempted use or threatened use of physical force against another person, the police officer shall prepare a report that contains (1) the name, address and taxpayer identification number of the accused person, (2) the name, address and taxpayer identification number of each person offering the cash bail, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, (3) the amount of cash received, and (4) the date the cash was received. Not later than fifteen days after receipt of such cash bail, the police officer shall file the report with the Department of Revenue Services and mail a copy of the report to the state's attorney for the judicial district in which the alleged offense was committed and to each person offering the cash bail. |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | [(d)] (e) No police officer or probation officer serving a violation of probation warrant shall set the terms and conditions of a person's release, set a bond for a person or release a person from custody under this section unless the police officer or probation officer has first checked the National Crime Information Center (NCIC) computerized index of criminal justice information to determine if such person is listed in such index. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | [(e)] (f) If the arrested person has not posted bail, the police officer or probation officer serving a violation of probation warrant shall immediately notify a bail commissioner or an intake, assessment and referral specialist. |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | [(f)] (g) The chief, acting chief, superintendent of police, the Commissioner of Emergency Services and Public Protection, any captain or lieutenant of any local police department or the Division of State Police within the Department of Emergency Services and Public Protection or any person lawfully exercising the powers of any such officer may take a written promise to appear or a bond with or without surety from an arrested person as provided in subsection (a) of this section, or as fixed by the court or any judge thereof, may administer such oaths as are necessary in the taking of promises or bonds and shall file any report required under subsection [(c)] (d) of this section. |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | Sec. 2. Subsection (c) of section 46b-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | (c) No peace officer shall be held liable in any civil action regarding personal injury or injury to property brought by any party to a family violence incident for an arrest based on probable cause or for any conditions of release imposed pursuant to subsection [(b)] (c) of section 54-63c, as amended by this act. |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | Sec. 3. Section 53a-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | (a) A person is guilty of violation of conditions of release in the first degree when, while charged with the commission of a felony, such person is released pursuant to subsection [(b)] (c) of section 54-63c, as amended by this act, subsection (c) of section 54-63d or subsection (c) of section 54-64a, and intentionally violates one or more of the imposed conditions of release. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | (b) Violation of conditions of release in the first degree is a class D felony. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | Sec. 4. Section 53a-222a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | (a) A person is guilty of violation of conditions of release in the second degree when, while charged with the commission of a misdemeanor or motor vehicle violation for which a sentence to a term of imprisonment may be imposed, such person is released pursuant to subsection [(b)] (c) of section 54-63c, as amended by this act, subsection (c) of section 54-63d or subsection (c) of section 54-64a and intentionally violates one or more of the imposed conditions of release. |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | (b) Violation of conditions of release in the second degree is a class A misdemeanor. |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | |
|---|
| 63 | 63 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 64 | 64 | | Section 1 October 1, 2016 54-63c |
|---|
| 65 | 65 | | Sec. 2 October 1, 2016 46b-38b(c) |
|---|
| 66 | 66 | | Sec. 3 October 1, 2016 53a-222 |
|---|
| 67 | 67 | | Sec. 4 October 1, 2016 53a-222a |
|---|
| 68 | 68 | | |
|---|
| 69 | 69 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 70 | 70 | | |
|---|
| 71 | 71 | | Section 1 |
|---|
| 72 | 72 | | |
|---|
| 73 | 73 | | October 1, 2016 |
|---|
| 74 | 74 | | |
|---|
| 75 | 75 | | 54-63c |
|---|
| 76 | 76 | | |
|---|
| 77 | 77 | | Sec. 2 |
|---|
| 78 | 78 | | |
|---|
| 79 | 79 | | October 1, 2016 |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | 46b-38b(c) |
|---|
| 82 | 82 | | |
|---|
| 83 | 83 | | Sec. 3 |
|---|
| 84 | 84 | | |
|---|
| 85 | 85 | | October 1, 2016 |
|---|
| 86 | 86 | | |
|---|
| 87 | 87 | | 53a-222 |
|---|
| 88 | 88 | | |
|---|
| 89 | 89 | | Sec. 4 |
|---|
| 90 | 90 | | |
|---|
| 91 | 91 | | October 1, 2016 |
|---|
| 92 | 92 | | |
|---|
| 93 | 93 | | 53a-222a |
|---|
| 94 | 94 | | |
|---|
| 95 | 95 | | Statement of Purpose: |
|---|
| 96 | 96 | | |
|---|
| 97 | 97 | | To allow for a temporary holding period for certain persons arrested for a family violence crime. |
|---|
| 98 | 98 | | |
|---|
| 99 | 99 | | [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.] |
|---|