General Assembly Raised Bill No. 7256
January Session, 2017 LCO No. 5119
*05119_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 7256
January Session, 2017
LCO No. 5119
*05119_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING REVISIONS TO CERTAIN CRIMINAL JUSTICE STATUTES AND THE REPORTING OF THE DEATH OF ANY PERSON IN STATE CUSTODY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2017) The department head, as defined in section 4-5 of the general statutes, including the Commissioner of Education, or the Chief Justice of the Supreme Court shall promptly notify the Division of Criminal Justice of any death of a person in the care, custody or control of any person or entity under the jurisdiction of such department head or justice.
Sec. 2. Subsection (b) of section 53a-70c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(b) Aggravated sexual assault of a minor is a class A felony and any person found guilty under this section shall, for a first offense, be sentenced to a term of imprisonment, [of] twenty-five years of which may not be suspended or reduced by the court and, for any subsequent offense, be sentenced to a term of imprisonment of fifty years which may not be suspended or reduced by the court.
Sec. 3. Subsection (c) of section 53a-167c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(c) In any prosecution under this section involving assault of a health care employee, as defined in section 19a-490q, it shall be [a] an affirmative defense that the defendant is a person with a disability as described in subdivision (13), (15) or (20) of section 46a-51 and the defendant's conduct was a clear and direct manifestation of the disability. For the purposes of this subsection, "mental disability" does not include any abnormality manifested only by repeated criminal or antisocial conduct.
Sec. 4. Subsections (d) and (e) of section 54-47aa of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(d) A telecommunications carrier shall disclose call-identifying information or the content of a subscriber's or customer's communications or geo-location data and a provider of electronic communication service or remote computing service shall disclose basic subscriber information or the content of a subscriber's or customer's communications or geo-location data to a law enforcement official, as directed by an order pursuant to subsection (b) of this section when [an] such order is issued. [pursuant to subsection (b) of this section.]
(e) Not later than forty-eight hours after the issuance of an order pursuant to subsection (b) of this section, the law enforcement official shall mail notice of the issuance of such order to the subscriber or customer whose call-identifying information or basic subscriber information is the subject of such order, except that such notification may be delayed for a period of up to ninety days upon the execution of a written certification of such official to the judge who authorized the order that there is reason to believe that notification of the existence of the order may result in (1) endangering the life or physical safety of an individual, (2) flight from prosecution, (3) destruction of or tampering with evidence, (4) intimidation of potential witnesses, or (5) otherwise seriously jeopardizing the investigation. The law enforcement official shall maintain a true copy of such certification. During such ninety-day period, the law enforcement official may request the court to extend such period of delayed notification. Such period may be extended beyond ninety days only upon approval of the court. The applicant shall file a copy of the notice with the clerk of the court [that issued such order] for the geographical area within which any person who may be arrested in connection with or subsequent to the execution of the order would be presented, and said notice shall include the case number assigned to such investigation pursuant to subsection (b) of this section. If information is provided in response to the order, the applicant shall, not later than ten days after receiving such information, file with the clerk a return containing an inventory of the information received. Such return and inventory shall include the case number assigned to such investigation pursuant to subsection (b) of this section, and such return and inventory shall remain sealed until the copy of the notice is filed with the clerk pursuant to this section. If a judge finds there is a significant likelihood that such notification would seriously jeopardize the investigation and issues an order authorizing delayed notification under this subsection, the telecommunications carrier or provider of electronic communication service or remote computing service from whom the call-identifying information or basic subscriber information is sought shall not notify any person, other than legal counsel for the telecommunications carrier or provider of electronic communication service or remote computing service and the law enforcement official that requested the ex parte order, of the existence of the ex parte order. Any information provided in response to the court order shall be disclosed to the defense counsel.
Sec. 5. Subsection (f) of section 54-142a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(f) Upon motion properly brought, the court or a judge [thereof] of such court, 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 in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial, or any false statement charges, or any proceeding held pursuant to section 53a-40b of chapter 952, or (3) counsel for the petitioner and the respondent in connection with any habeas corpus or other collateral civil action in which evidence pertaining to a nolled or dismissed criminal charge may become relevant. 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, 2017 New section
Sec. 2 October 1, 2017 53a-70c(b)
Sec. 3 October 1, 2017 53a-167c(c)
Sec. 4 October 1, 2017 54-47aa(d) and (e)
Sec. 5 October 1, 2017 54-142a(f)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
New section
Sec. 2
October 1, 2017
53a-70c(b)
Sec. 3
October 1, 2017
53a-167c(c)
Sec. 4
October 1, 2017
54-47aa(d) and (e)
Sec. 5
October 1, 2017
54-142a(f)
Statement of Purpose:
To provide notification to the state's attorney of the death of an individual in the care or custody of a state agency or department; to refine the law protecting health care workers from on-the-job violence; to correct oversights in public act 16-148; to address the issue raised in State v. Apt., 319 Conn. 494 (2015) concerning the disclosure of erased records, to make such disclosure mandatory, and to make such disclosure available for use in connection with collateral matters in which evidence of a nolled or dismissed criminal charge may become relevant when the petitioner challenges the validity of a guilty plea.
[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.]