Connecticut 2017 Regular Session

Connecticut Senate Bill SB01040 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 1040
2		-	January Session, 2017 _____SB01040JUD___040717____
	1	+	General Assembly Raised Bill No. 1040
	2	+	January Session, 2017 LCO No. 5469
	3	+	05469_______JUD
	4	+	Referred to Committee on JUDICIARY
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 1040
	10	+	Raised Bill No. 1040
7	11
8	12		January Session, 2017
9	13
10		-	~~_____SB01040JUD___040717____~~
	14	+	LCO No. 5469
11	15
12		-	AN ACT CONCERNING NOTIFICATION TO BOARDS OF EDUCATION AND LOCAL POLICE DEPARTMENTS OF THE RELEASE OF A JUVENILE SEXUAL OFFENDER.
	16	+	05469_______JUD
	17	+
	18	+	Referred to Committee on JUDICIARY
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
	23	+
	24	+	AN ACT CONCERNING THE REGISTRATION OF JUVENILES AS SEXUAL OFFENDERS AND NOTIFICATION OF SCHOOL DISTRICTS THAT A REGISTRANT MAY BE A STUDENT IN THE DISTRICT.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16		-	Section 1. (NEW) (Effective October 1, 2017) Notwithstanding the provisions of sections 46b-124 of the general statutes concerning the confidentiality of records of juvenile matters and 46b-146 of the general statutes concerning the erasure of police and court records, the Court Support Services Division of the Judicial Department, in the case of a child, as defined in section 46b-120 of the general statutes, who is convicted as delinquent, as described in section 46b-120 of the general statutes, on or after October 1, 2017, for a violation of section 53a-70 of the general statutes, 53a-70a of the general statutes, 53a-70c of the general statutes, 53a-71 of the general statutes, 53a-72a of the general statutes or 53a-72b of the general statutes, or for committing a felony offense that the court finds was committed for a sexual purpose, as described in section 54-250 of the general statutes, shall, upon release of any such child from the custody of the Judicial Department or the Department of Children and Families, as applicable, notify the superintendent for the local or regional school district for the town in which such child will reside, that such child has been convicted delinquent of any such offense.
	28	+	Section 1. Subsection (a) of section 54-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
	29	+
	30	+	(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense, and is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, and whether or not such person's place of residence is in this state, register such person's name, identifying factors, criminal history record, residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years from the date of such person's release into the community, except that any person who has one or more prior convictions of any such offense or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70 shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a criminal offense against a victim who is a minor or a nonviolent sexual offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection. Notwithstanding any provision of chapter 815t, for the purposes of this section, "person" includes a child adjudicated delinquent for a criminal offense against a victim who is a minor or a nonviolent sexual offense who is released into the community on or after October 1, 2017.
	31	+
	32	+	Sec. 2. Subsection (a) of section 54-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
	33	+
	34	+	(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a sexually violent offense, and (1) is released into the community on or after October 1, 1988, and prior to October 1, 1998, and resides in this state, shall, on October 1, 1998, or within three days of residing in this state, whichever is later, or (2) is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, register such person's name, identifying factors and criminal history record, documentation of any treatment received by such person for mental abnormality or personality disorder, and such person's residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection on such forms and in such locations as said commissioner shall direct, and shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a sexually violent offense, the court shall (A) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (B) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection. Notwithstanding any provision of chapter 815t, for the purposes of this section, "person" includes a child adjudicated delinquent for a sexually violent offense who is released into the community on or after October 1, 2017.
	35	+
	36	+	Sec. 3. Subsection (a) of section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
	37	+
	38	+	(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in any other state, in a federal or military court or in any foreign jurisdiction of any crime (1) the essential elements of which are substantially the same as any of the crimes specified in subdivisions (2), (5) and (11) of section 54-250, or (2) which requires registration as a sexual offender in such other state or in the federal or military system, and who resides in this state on and after October 1, 1998, shall, without undue delay upon residing in this state, register with the Commissioner of Emergency Services and Public Protection in the same manner as if such person had been convicted or found not guilty by reason of mental disease or defect of such crime in this state, except that the commissioner shall maintain such registration until such person is released from the registration requirement in such other state, federal or military system or foreign jurisdiction. Notwithstanding any provision of chapter 815t, for the purposes of this section, "person" includes a child adjudicated delinquent in any other state, in a federal or military court or in any foreign jurisdiction of any crime (A) the essential elements of which are substantially the same as any of the crimes specified in subdivisions (2), (5) and (11) of section 54-250, or (B) which requires registration as a sexual offender in such other state or in the federal or military system, and who resides in this state on and after October 1, 2017.
	39	+
	40	+	Sec. 4. Subsection (a) of section 54-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
	41	+
	42	+	(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in this state on or after October 1, 1998, of any felony that the court finds was committed for a sexual purpose, may be required by the court upon release into the community or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct to register such person's name, identifying factors, criminal history record, residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection, on such forms and in such locations as the commissioner shall direct, and to maintain such registration for ten years from the date of such person's release into the community. If the court finds that a person has committed a felony for a sexual purpose and intends to require such person to register under this section, prior to accepting a plea of guilty or nolo contendere from such person with respect to such felony, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection. Notwithstanding any provision of chapter 815t, for the purposes of this section, "person" includes a child adjudicated delinquent for any felony offense that the court finds was committed for a sexual purpose who is released into the community on or after October 1, 2017.
	43	+
	44	+	Sec. 5. (NEW) (Effective October 1, 2017) The Commissioner of Emergency Services and Public Protection shall notify the local or regional board of education for any town of which a child is a resident and is registered pursuant to section 54-251, 54-252, 54-253 or 54-254, of the general statutes, as amended by this act, that such child is a registrant, as defined in section 54-250, of the general statutes, and may be a student in a school under the jurisdiction of such board.
17	45
18	46
19	47
20	48
21	49		This act shall take effect as follows and shall amend the following sections:
22		-	Section 1 October 1, 2017 New section
	50	+	Section 1 October 1, 2017 54-251(a)
	51	+	Sec. 2 October 1, 2017 54-252(a)
	52	+	Sec. 3 October 1, 2017 54-253(a)
	53	+	Sec. 4 October 1, 2017 54-254(a)
	54	+	Sec. 5 October 1, 2017 New section
23	55
24	56		This act shall take effect as follows and shall amend the following sections:
25	57
26	58		Section 1
27	59
28	60		October 1, 2017
29	61
	62	+	54-251(a)
	63	+
	64	+	Sec. 2
	65	+
	66	+	October 1, 2017
	67	+
	68	+	54-252(a)
	69	+
	70	+	Sec. 3
	71	+
	72	+	October 1, 2017
	73	+
	74	+	54-253(a)
	75	+
	76	+	Sec. 4
	77	+
	78	+	October 1, 2017
	79	+
	80	+	54-254(a)
	81	+
	82	+	Sec. 5
	83	+
	84	+	October 1, 2017
	85	+
30	86		New section
31	87
	88	+	Statement of Purpose:
32	89
	90	+	To require sexual offenders, regardless of their age, to register as sexual offenders and to require that local and regional boards of education receive notice of any potential student who may be a registrant.
33	91
34		-	JUD Joint Favorable Subst.
35		-
36		-	JUD
37		-
38		-	Joint Favorable Subst.
	92	+	[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.]