General Assembly Raised Bill No. 980
January Session, 2017 LCO No. 4830
*04830_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 980
January Session, 2017
LCO No. 4830
*04830_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING A VICTIM'S RIGHT TO BE REASONABLY PROTECTED FROM THE ACCUSED.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (b) of section 29-36k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(b) Immediately, but in no event more than twenty-four hours after notice has been provided to a person subject to a restraining or protective order or a foreign order of protection, such person shall (1) transfer any pistol, revolver or other firearm or ammunition which such person then possesses to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm or ammunition to the federally licensed firearms dealer, or (2) deliver or surrender such pistols and revolvers and other firearms and ammunition to the Commissioner of Emergency Services and Public Protection, provided a local police department may accept such pistols, revolvers, other firearms and ammunition on behalf of said commissioner. Not later than seven days after a person who is subject to such restraining or protective order or foreign order of protection transfers, delivers or surrenders such pistols, revolvers and other firearms and ammunition in accordance with the provisions of this subsection, or fails to comply with said provisions, the commissioner shall notify any person protected by any such order of the status of such compliance. For the purposes of this section, a "person subject to a restraining or protective order or a foreign order of protection" means a person who knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person.
Sec. 2. Subsection (g) of section 54-56l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(g) Any person who enters the program shall agree: (1) To the tolling of the statute of limitations with respect to such crime or violation; (2) to a waiver of such person's right to a speedy trial; (3) to immediately transfer, deliver or surrender any pistol, revolver or other firearm or ammunition as provided in section 29-36k, as amended by this act; and [(3)] (4) to any conditions that may be established by the division concerning participation in the supervised diversionary program including conditions concerning participation in meetings or sessions of the program.
Sec. 3. Subsection (b) of section 54-56e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(b) The court may, in its discretion, invoke such program on motion of the defendant or on motion of a state's attorney or prosecuting attorney with respect to a defendant (1) who, the court believes, will probably not offend in the future, (2) who has no previous record of conviction of a crime or of a violation of section 14-196, subsection (c) of section 14-215, section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury, (A) that the defendant has never had such program invoked on the defendant's behalf or that the defendant was charged with a misdemeanor or a motor vehicle violation for which a term of imprisonment of one year or less may be imposed and ten or more years have passed since the date that any charge or charges for which the program was invoked on the defendant's behalf were dismissed by the court, or (B) with respect to a defendant who is a veteran, that the defendant has not had such program invoked in the defendant's behalf more than once previously. [, provided the defendant shall agree thereto and provided notice has been given by the defendant] The court shall designate the state's attorney or prosecuting attorney to provide notice, on a form prescribed by the Office of the Chief Court Administrator, of the defendant's application for participation in such program, to the victim or victims of such crime or motor vehicle violation, if any, by registered or certified mail and such victim or victims have an opportunity to be heard [thereon] on such application. Any defendant who makes application for participation in such program shall pay to the court an application fee of thirty-five dollars. No defendant shall be allowed to participate in the pretrial program for accelerated rehabilitation more than two times. For the purposes of this section, "veteran" means any person who was discharged or released under conditions other than dishonorable from active service in the armed forces as defined in section 27-103.
Sec. 4. Subsection (a) of section 54-85b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) An employer shall not deprive an employee of employment, penalize or threaten or otherwise coerce an employee with respect to employment, because (1) the employee obeys a legal subpoena to appear before any court of this state as a witness in any criminal proceeding, (2) the employee attends a court proceeding or participates in a police investigation related to a criminal case in which the employee is a crime victim, or attends or participates in a court proceeding related to a civil case in which the employee is a victim of family violence, as defined in section 46b-38a, (3) a restraining order has been issued on the employee's behalf pursuant to section 46b-15, (4) a protective order has been issued on the employee's behalf by a court of this state [or by a court of another state, provided if issued by a court of another state, the protective order shall be registered in this state pursuant to] pursuant to section 46b-38c, (5) a foreign order of protection has been issued on the employee's behalf by a court of another state in accordance with section 46b-15a, [or (5)] (6) a standing criminal protective order has been issued on the employee's behalf pursuant to section 53a-40e, (7) a civil protection order has been issued on the employee's behalf pursuant to section 46b-16a, or (8) the employee is a victim of family violence, as defined in section 46b-38a. For the purposes of this section, "crime victim" means an employee who suffers direct or threatened physical, emotional or financial harm as a result of a crime or an employee who is an immediate family member or guardian of (A) a person who suffers such harm and is a minor, physically disabled, as defined in section 46a-51, or incompetent, or (B) a homicide victim.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017 29-36k(b)
Sec. 2 October 1, 2017 54-56l(g)
Sec. 3 October 1, 2017 54-56e(b)
Sec. 4 October 1, 2017 54-85b(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
29-36k(b)
Sec. 2
October 1, 2017
54-56l(g)
Sec. 3
October 1, 2017
54-56e(b)
Sec. 4
October 1, 2017
54-85b(a)
Statement of Purpose:
To provide notice to a person protected by a restraining or protective order or foreign order of protection as to whether the subject of such order has transferred, delivered or surrendered any pistols, revolvers and other firearms or ammunition as required by law, to cause a person entering the pretrial supervised diversionary program for persons with psychiatric disabilities to immediately transfer, deliver or surrender any pistols, revolvers and other firearms or ammunition, to require a designated party, other than the defendant, to notify the victim of a crime for which the defendant applies for accelerated pretrial rehabilitation and to provide increased employment protections for employees when any order of protection has been ordered on behalf of the employee.
[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.]