| 1 | 1 | | General Assembly Raised Bill No. 515 |
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| 2 | 2 | | February Session, 2018 LCO No. 2721 |
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| 3 | 3 | | *02721_______JUD* |
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| 4 | 4 | | Referred to Committee on JUDICIARY |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (JUD) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 515 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2018 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 2721 |
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| 15 | 15 | | |
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| 16 | 16 | | *02721_______JUD* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on JUDICIARY |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (JUD) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING MINOR AND TECHNICAL CHANGES TO VARIOUS STATUTES CONCERNING THE JUVENILE JUSTICE SYSTEM. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Section 10-233h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 29 | 29 | | |
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| 30 | 30 | | If any person who is at least seven years of age but less than twenty-one years of age and an enrolled student is arrested for a violation of section 53-206c, a class A misdemeanor or a felony, the municipal police department or Division of State Police within the Department of Emergency Services and Public Protection that made such arrest shall, not later than the end of the weekday following such arrest, orally notify the superintendent of schools of the school district in which such person resides or attends school, the supervisory agent of a nonpublic school that such person attends or the superintendent of the technical high school system if such person attends a Technical High School, or the administrative office responsible for security on the campus of any institution of higher education, as defined in section 10a-55, if such person attends such an institution, of the identity of such person and the offense or offenses for which [he] such person was arrested and shall, within seventy-two hours of such arrest, provide written notification of such arrest, containing a brief description of the incident, to such superintendent, supervisory agent or administrative office. The police may also inform the superintendent of the school district in which such person resides, the supervisory agent of a nonpublic school that such person attends or the superintendent of the technical high school system if such person attends a Technical High School, or the administrative office responsible for security on the campus of any institution of higher education, as defined in section 10a-55, about the arrest of any such person, or provide information about a person, even if an arrest was not made, if the person's conduct is a violation of school or institution rules and policies or is of a nature that would likely prompt the school or institution to take precautionary steps to protect the health or safety of any student or school or institution employee or prevent damage to any school or institution property or property used by the school or institution. Any information provided to the school or institution shall only be used for school or institution discipline or safety planning purposes and may not be placed in a person's permanent academic record or be further disclosed. The superintendent, supervisory agent or administrative office shall maintain such written report in a secure location and the information in such report shall be maintained as confidential in accordance with section 46b-124. The superintendent of the school district may disclose such information only to the principal of the school in which such person is a student or to the principal, superintendent or supervisory agent of any other school or to the administrative office responsible for security on the campus of any institution of higher education, as defined in section 10a-55, in which the superintendent knows such person is a student. The principal, superintendent, [or] supervisory agent or administrative office may disclose such information only to special services staff or a consultant, such as a psychiatrist, psychologist or social worker, for the purposes of assessing the risk of danger posed by such person to himself or herself, other students, school or institution employees or school or institution property and effectuating an appropriate modification of such person's educational plan or placement, and for disciplinary purposes. If the arrest occurred during the school year, such assessment shall be completed not later than the end of the next school day. If an expulsion hearing is held pursuant to section 10-233d, a representative of the municipal police department or the Division of State Police, as appropriate, may testify and provide reports and information on the arrest at such hearing, provided such police participation is requested by any of the following: The local or regional board of education, the impartial hearing board, the principal of the school or the student or his parent or guardian. Such information with respect to a child under eighteen years of age shall be confidential in accordance with sections 46b-124 and 54-76l, and shall only be disclosed as provided in this section and shall not be further disclosed. |
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| 31 | 31 | | |
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| 32 | 32 | | Sec. 2. Subdivision (4) of section 46b-120 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 33 | 33 | | |
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| 34 | 34 | | (4) (A) A child may be convicted as "delinquent" who has, while under sixteen years of age, (i) violated any federal or state law, except section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223, [or] 53a-223a, 53a-223b, 53a-223, 54-250 to 54-254, inclusive, or 54-260, or violation of an order issued pursuant to section 46b-15 or a civil protection order issued pursuant to section 46b-16a, or violated a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (ii) wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) violated conditions of probation in a delinquency proceeding as ordered by the court; |
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| 35 | 35 | | |
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| 36 | 36 | | (B) A child may be convicted as "delinquent" who has (i) while sixteen or seventeen years of age, violated any federal or state law, other than (I) an infraction, except an infraction under subsection (d) of section 21a-267, (II) a violation, except a violation under subsection (a) of section 21a-279a, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, or (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223, [or] 53a-223a, 53a-223b, 53a-223c, 54-250 to 54-254, inclusive, or 54-260, or violation of an order issued pursuant to section 46b-15 or a civil protection order issued pursuant to section 46b-16a, or (ii) while sixteen years of age or older, wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) while sixteen years of age or older, violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) while sixteen years of age or older, violated conditions of probation in a delinquency proceeding as ordered by the court; |
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| 37 | 37 | | |
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| 38 | 38 | | Sec. 3. Subdivision (9) of section 46b-120 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 39 | 39 | | |
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| 40 | 40 | | (9) "Delinquent act" means (A) the violation by a child under the age of sixteen of any federal or state law, except the violation of section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223, [or] 53a-223a, 53a-223b, 53a-223c, 54-250 to 54-254, inclusive, or 54-260, or violation of an order issued pursuant to section 46b-15 or a civil protection order issued pursuant to section 46b-16a, or the violation of a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (B) the violation by a child sixteen or seventeen years of age of any federal or state law, other than (i) an infraction, except an infraction under subsection (d) of section 21a-267, (ii) a violation, except a violation under subsection (a) of section 21a-279a, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, or (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223, [or] 53a-223a, 53a-223b, 53a-223c, 54-250 to 54-254, inclusive, or 54-260, or violation of an order issued pursuant to section 46b-15 or a civil protection order issued pursuant to section 46b-16a, (C) the wilful failure of a child, including a child who has attained the age of eighteen, to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child has notice, (D) the violation of any order of the Superior Court in a delinquency proceeding by a child, including a child who has attained the age of eighteen, except as provided in section 46b-148, or (E) the violation of conditions of probation in a delinquency proceeding by a child, including a child who has attained the age of eighteen, as ordered by the court; |
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| 41 | 41 | | |
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| 42 | 42 | | Sec. 4. Subsection (l) of section 46b-124 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 43 | 43 | | |
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| 44 | 44 | | (l) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, containing information that a child has been convicted as delinquent for a violation of subdivision (e) of section 1-1h, subsection (c) of section 14-147, subsection (a) of section 14-215, section 14-222, subsection (b) of section 14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, 14-227g, 14-227m, 14-227n, subsection (d) of section 21a-267, section 21a-279a, section 30-88a, [or] subsection (b) of section 30-89 or section 53a-213, shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether administrative sanctions regarding such child's motor vehicle operator's license are warranted. Records disclosed pursuant to this subsection shall not be further disclosed. |
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| 45 | 45 | | |
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| 46 | 46 | | Sec. 5. Subsection (d) of section 46b-133 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 47 | 47 | | |
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| 48 | 48 | | (d) [(1)] When a child is arrested for the commission of a delinquent act and the child is not placed in detention or referred to a diversionary program, an officer shall serve a written complaint and summons on the child and the child's parent, guardian or some other suitable person or agency. If such child is released to the child's own custody, the officer shall make reasonable efforts to notify, and to provide a copy of a written complaint and summons to, the parent or guardian or some other suitable person or agency prior to the court date on the summons. If any person so summoned wilfully fails to appear in court at the time and place so specified, the court may issue a warrant for the child's arrest or a capias to assure the appearance in court of such parent, guardian or other person. If a child wilfully fails to appear in response to such a summons, the court may order such child taken into custody and such child may be charged with the delinquent act of wilful failure to appear under section 46b-120. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who wilfully fails to appear in court at the time and place so specified. |
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| 49 | 49 | | |
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| 50 | 50 | | [(2) Upon the arrest of any youth by an officer for a violation of section 53a-82, such officer shall report suspected abuse or neglect to the Department of Children and Families in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.] |
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| 51 | 51 | | |
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| 52 | 52 | | Sec. 6. Section 46b-150d of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 53 | 53 | | |
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| 54 | 54 | | An order that a minor is emancipated shall have the following effects: (1) The minor may consent to medical, dental or psychiatric care, without parental consent, knowledge or liability; (2) the minor may enter into a binding contract; (3) the minor may sue and be sued in such minor's own name; (4) the minor shall be entitled to such minor's own earnings and shall be free of control by such minor's parents or guardian; (5) the minor may establish such minor's own residence; (6) the minor may buy and sell real and personal property; (7) the minor may not thereafter be the subject of (A) a petition under section 46b-129 as an abused, neglected or uncared for child or youth, (B) a petition under section 46b-128 or 46b-133 as a delinquent child for any act committed before the date of the order, or (C) a petition under section 46b-149 alleging that the minor is a child from a family with service needs; (8) the minor may enroll in any school or college, without parental consent; (9) the minor shall be deemed to be over eighteen years of age for purposes of securing an operator's license under section 14-36 and a marriage license under section 46b-20a; (10) the minor shall be deemed to be over eighteen years of age for purposes of registering a motor vehicle under section 14-12; (11) the parents of the minor shall no longer be the guardians of the minor under section 45a-606; (12) the parents of a minor shall be relieved of any obligations respecting such minor's school attendance under section 10-184; (13) the parents shall be relieved of all obligation to support the minor; (14) the minor shall be emancipated for the purposes of parental liability for such minor's acts under section 52-572; [(15) the minor may execute releases in such minor's own name under section 14-118; (16)] (15) the minor may enlist in the armed forces of the United States without parental consent; and [(17)] (16) the minor may access or obtain a certified copy of a birth certificate under section 7-51. |
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| 55 | 55 | | |
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| 56 | 56 | | Sec. 7. Subsection (a) of section 53a-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 57 | 57 | | |
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| 58 | 58 | | (a) A person is guilty of criminal possession of a firearm, ammunition or an electronic defense weapon when such person possesses a firearm, ammunition or an electronic defense weapon and (1) has been convicted of a felony committed prior to, on or after October 1, 2013, or of a violation of section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on or after October 1, 2013, (2) has been adjudicated as a youthful offender pursuant to section 54-76d for an offense that would be a felony if committed by a person over the age of eighteen; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, [(3)] (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, [(4)] (5) 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, [(5)] (6) (A) has been confined on or after October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or with respect to any person who holds a valid permit or certificate that was issued or renewed under the provisions of section 29-28 or 29-36f in effect prior to October 1, 2013, such person has been confined in such hospital within the preceding twelve months, or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, [(6)] (7) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, or [(7)] (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4). For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction, "ammunition" means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm, and a motor vehicle violation for which a sentence to a term of imprisonment of more than one year may be imposed shall be deemed an unclassified felony. |
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| 59 | 59 | | |
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| 60 | 60 | | |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | This act shall take effect as follows and shall amend the following sections: |
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| 64 | 64 | | Section 1 October 1, 2018 10-233h |
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| 65 | 65 | | Sec. 2 October 1, 2018 46b-120(4) |
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| 66 | 66 | | Sec. 3 October 1, 2018 46b-120(9) |
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| 67 | 67 | | Sec. 4 October 1, 2018 46b-124(l) |
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| 68 | 68 | | Sec. 5 October 1, 2018 46b-133(d) |
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| 69 | 69 | | Sec. 6 October 1, 2018 46b-150d |
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| 70 | 70 | | Sec. 7 October 1, 2018 53a-217(a) |
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| 71 | 71 | | |
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| 72 | 72 | | This act shall take effect as follows and shall amend the following sections: |
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| 73 | 73 | | |
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| 74 | 74 | | Section 1 |
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| 75 | 75 | | |
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| 76 | 76 | | October 1, 2018 |
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| 77 | 77 | | |
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| 78 | 78 | | 10-233h |
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| 79 | 79 | | |
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| 80 | 80 | | Sec. 2 |
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| 81 | 81 | | |
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| 82 | 82 | | October 1, 2018 |
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| 83 | 83 | | |
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| 84 | 84 | | 46b-120(4) |
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| 85 | 85 | | |
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| 86 | 86 | | Sec. 3 |
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| 87 | 87 | | |
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| 88 | 88 | | October 1, 2018 |
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| 89 | 89 | | |
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| 90 | 90 | | 46b-120(9) |
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| 91 | 91 | | |
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| 92 | 92 | | Sec. 4 |
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| 93 | 93 | | |
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| 94 | 94 | | October 1, 2018 |
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| 95 | 95 | | |
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| 96 | 96 | | 46b-124(l) |
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| 97 | 97 | | |
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| 98 | 98 | | Sec. 5 |
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| 99 | 99 | | |
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| 100 | 100 | | October 1, 2018 |
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| 101 | 101 | | |
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| 102 | 102 | | 46b-133(d) |
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| 103 | 103 | | |
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| 104 | 104 | | Sec. 6 |
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| 105 | 105 | | |
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| 106 | 106 | | October 1, 2018 |
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| 107 | 107 | | |
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| 108 | 108 | | 46b-150d |
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| 109 | 109 | | |
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| 110 | 110 | | Sec. 7 |
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| 111 | 111 | | |
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| 112 | 112 | | October 1, 2018 |
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| 113 | 113 | | |
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| 114 | 114 | | 53a-217(a) |
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| 115 | 115 | | |
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| 116 | 116 | | Statement of Purpose: |
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| 117 | 117 | | |
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| 118 | 118 | | To permit disclosure of juvenile arrests when the offense violates school or institution of higher education policy or poses a threat to safety, to provide for the appropriate resolution of violations of sex offender registry orders by juvenile offenders, to provide information on juvenile alcohol and drug offenses to the Department of Motor Vehicles, to delete obsolete provisions of the general statutes, and to include as a qualifier for illegal possession of certain weapons a person who was adjudicated as a youthful offender for an offense that would be a felony for an adult. |
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| 119 | 119 | | |
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| 120 | 120 | | [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.] |
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