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General Assembly Committee Bill No. 5363
January Session, 2019
LCO No. 5440
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT CONCERNING AN ONLINE REGISTRY FOR CONVICT ED
MURDERERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) (a) For the purposes of 1
this section, sections 2 to 6, inclusive, of this act and sections 45a-99 2
and 52-11 of the general statutes, as amended by this act: 3
(1) "Commissioner" means the Commissioner of Emergency Services 4
and Public Protection; 5
(2) "Convicted" means that a person has a judgment entered in this 6
state against such person by a court upon a plea of guilty, a plea of 7
nolo contendere or a finding of guilty by a jury or the court 8
notwithstanding any pending appeal or habeas corpus proceeding 9
arising from such judgment; 10
(3) "Crime involving murder" means a violation of section 53a-54a, 11
53a-54b, 53a-54c, 53a-54d, 53a-55 or 53a-55a of the general statutes or a 12
violation of any predecessor statute to any of said offenses the essential 13
elements of which are substantially the same as said offense; 14
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(4) "Department" means the Department of Emergency Services and 15
Public Protection; 16
(5) "Identifying factor" means fingerprints, a photographic image or 17
a description of any other identifying characteristic as may be required 18
by the commissioner; 19
(6) "Not guilty by reason of mental disease or defect" means a 20
finding by a court or jury of not guilty by reason of mental disease or 21
defect pursuant to section 53a-13 of the general statutes 22
notwithstanding any pending appeal or habeas corpus proceeding 23
arising from such finding; 24
(7) "Registrant" means a person required to register under section 3 25
of this act; 26
(8) "Registry" means the registry established in section 2 of this act; 27
and 28
(9) "Release into the community" means, with respect to a conviction 29
or a finding of not guilty by reason of mental disease or defect of a 30
crime involving murder, any (A) release by a court after such 31
conviction or finding of not guilty by reason of mental disease or 32
defect, a sentence of probation or any other sentence under section 53a-33
28 of the general statutes that does not result in the offender's 34
immediate placement in the custody of the Commissioner of 35
Correction; (B) release from a correctional facility at the discretion of 36
the Board of Pardons and Paroles, by the Department of Correction to 37
a program authorized by section 18-100c of the general statutes or 38
upon completion of the maximum term or terms of the offender's 39
sentence or sentences, or to the supervision of the Court Support 40
Services Division of the Judicial Branch in accordance with the terms of 41
the offender's sentence; or (C) temporary leave to an approved 42
residence by the Psychiatric Security Review Board pursuant to section 43
17a-587 of the general statutes, conditional release from a hospital for 44
mental illness or a facility for persons with intellectual disability by the 45
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Psychiatric Security Review Board pursuant to section 17a-588 of the 46
general statutes or release upon termination of commitment to the 47
Psychiatric Security Review Board. 48
Sec. 2. (NEW) (Effective October 1, 2019) (a) The department shall, not 49
later than January 1, 2020, establish and maintain a registry of all 50
persons required to register under section 3 of this act as a person 51
convicted or found not guilty by reason of mental disease or defect of a 52
crime involving murder. The department shall, in cooperation with the 53
Office of the Chief Court Administrator, the Department of Correction 54
and the Psychiatric Security Review Board, develop appropriate forms 55
for use by agencies and individuals to report registration information, 56
including changes of residence address or electronic mail address. 57
Upon receipt of registration information, the department shall enter 58
the information into the registry and notify the local police department 59
or state police troop having jurisdiction where the registrant resides or 60
plans to reside. Upon receiving notification pursuant to subsection (a) 61
of section 3 of this act that a registrant has changed his or her residence 62
or electronic mail address, the department shall enter the information 63
into the registry and, when the registrant changes his or her residence 64
address, notify the local police departments or state police troops 65
having jurisdiction where the registrant previously resided and the 66
jurisdiction where the registrant has relocated. The commissioner shall 67
also ensure that the name and residence address of each registrant is 68
available through the Connecticut on -line law enforcement 69
communication teleprocessing system maintained by the department. 70
If a registrant reports a residence in another state, the department may 71
notify the state police agency of that state or such other agency in that 72
state that maintains registry information, if known. 73
(b) The department may suspend the registration of any person 74
registered under section 3 of this act while such person is incarcerated, 75
under civil commitment or residing outside this state. During the 76
period that such registration is under suspension, the department may 77
withdraw the registration information from access to law enforcement 78
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agencies and such person shall not be required to verify and update 79
his or her registration pursuant to subsection (b) of section 3 of this act. 80
Upon the release of the registrant from incarceration or civil 81
commitment or resumption of residency in this state by the registrant, 82
the department shall reinstate the registration and redistribute the 83
registration information in accordance with subsection (a) of this 84
section. Suspension of registration shall not affect the date of 85
expiration of the registration obligation of the registrant under 86
subsection (a) of section 3 of this act. 87
(c) The department shall include in the registry the most recent 88
photographic image of each registrant taken by the department, the 89
Department of Correction, a law enforcement agency or the Court 90
Support Services Division of the Judicial Department. 91
(d) Whenever the commissioner receives notice from the Superior 92
Court pursuant to section 52-11 of the general statutes, as amended by 93
this act, or the Probate Court pursuant to section 45a-99 of the general 94
statutes, as amended by this act, that such court has ordered the 95
change of name of a person, and the department determines that such 96
person is listed in the registry, the department shall revise such 97
person's registration information accordingly. 98
(e) The commissioner shall develop a protocol for the notification of 99
other state agencies, the Judicial Department and local police 100
departments whenever a person listed in the registry changes such 101
person's name and notifies the commissioner of the new name 102
pursuant to subdivision (3) of subsection (a) of section 3 of this act or 103
whenever the commissioner determines pursuant to subsection (d) of 104
this section that a person listed in the registry has changed such 105
person's name. 106
(f) (1) The information in the registry shall be a public record for the 107
purposes of section 1-200 of the general statutes and the department 108
shall make such information accessible to the public through a secure 109
Internet web site maintained by the department. 110
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(2) Notwithstanding the provisions of subdivision (1) of this 111
subsection, a registrant's electronic mail address shall not be a public 112
record, except that the department may release such address for law 113
enforcement or security purposes in accordance with regulations 114
adopted by the department. The department shall adopt regulations in 115
accordance with chapter 54 of the general statutes to specify the 116
circumstances under which and the persons to whom such addresses 117
may be released, including, but not limited to, providers of electronic 118
communication service or remote computing service, as those terms 119
are defined in section 54-260b of the general statutes, and operators of 120
Internet web sites, and the procedure therefor. 121
(g) Neither the state nor any political subdivision of the state nor 122
any officer or employee thereof shall be held civilly liable to any 123
registrant by reason of disclosure of any information regarding the 124
registrant that is released or disclosed in accordance with subsection (f) 125
of this section. 126
Sec. 3. (NEW) (Effective October 1, 2019) (a) (1) Any person who has 127
been convicted or found not guilty by reason of mental disease or 128
defect of a crime involving murder and is released into the community 129
on or after January 1, 2020, shall, within fourteen calendar days 130
following such release or, if such person is in the custody of the 131
Commissioner of Correction, at such time prior to release as the 132
Commissioner of Correction shall direct, and whether or not such 133
person's place of residence is in this state, register with the 134
Commissioner of Emergency Services and Public Protection and 135
maintain such registration for life. Any person who establishes 136
residence in this state on or after January 1, 2020, and has been 137
convicted or found not guilty by reason of mental disease or defect in 138
any other state, in a federal or military court or in any foreign 139
jurisdiction of a crime the essential elements of which are substantially 140
the same as a crime involving murder shall, within fourteen calendar 141
days of residing in this state, register with the Commissioner of 142
Emergency Services and Public Protection and maintain such 143
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registration for life. Registration shall include providing such person's 144
name, identifying factors, criminal history record, residence address 145
and electronic mail address to the Commissioner of Emergency 146
Services and Public Protection, on such forms and in such locations as 147
the Commissioner of Emergency Services and Public Protection shall 148
direct. 149
(2) Prior to accepting a plea of guilty or nolo contendere from a 150
person with respect to a crime involving murder, the court shall (A) 151
inform the person that the entry of a finding of guilty after acceptance 152
of the plea will subject the person to the registration requirements of 153
this section, and (B) determine that the person fully understands the 154
consequences of the plea. 155
(3) If any person who is subject to registration under this section 156
changes such person's name, such person shall, without undue delay, 157
notify the commissioner, in writing, of the new name. If any person 158
who is subject to registration under this section changes such person's 159
residence address or establishes or changes an electronic mail address, 160
such person shall, without undue delay, notify the commissioner in 161
writing of the new address. During such period of registration, each 162
registrant shall complete and return any forms mailed to such 163
registrant to verify such registrant's residence address and shall submit 164
to the retaking of a photographic image upon request of the 165
commissioner. 166
(b) Except during any period during which a person's registration is 167
suspended pursuant to subsection (b) of section 2 of this act, any 168
person convicted or found not guilty by reason of mental disease or 169
defect of a crime involving murder who is required to register under 170
this section shall, not later than twenty calendar days after each 171
anniversary date of such initial registration, personally appear at the 172
local police department or state police troop having jurisdiction where 173
the registrant resides to verify and update, as appropriate, the contents 174
of his or her registration. The local police department or state police 175
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troop, as the case may be, may defer such requirement to personally 176
appear to a later date for good cause shown. Not later than thirty 177
calendar days prior to such anniversary date, the department shall 178
mail written notice of the personal appearance requirement of this 179
subsection to the registrant and the local police department or state 180
police troop having jurisdiction where the registrant resides. Not later 181
than thirty calendar days after the anniversary date of each registrant, 182
the local police department or state police troop having jurisdiction 183
where the registrant resides shall notify the commissioner, on such 184
form as the commissioner may prescribe, (1) whether the registrant 185
complied with the personal appearance requirement of this subsection 186
or whether such personal appearance requirement was deferred to a 187
later date for good cause shown, and (2) if the personal appearance 188
requirement was deferred to a later date for good cause shown, the 189
local police department or state police troop shall indicate the later 190
date established for such personal appearance and describe the good 191
cause shown. 192
(c) Any person who is subject to registration under this section who 193
violates any provisions of subsection (a) or (b) of this section, and any 194
person who is subject to registration under this section who fails to 195
notify the commissioner of a change of name or address not later than 196
five business days after such change of name or address, shall be guilty 197
of a class D felony. 198
Sec. 4. (NEW) (Effective October 1, 2019) (a) The registration 199
information for each registrant shall include: 200
(1) The registrant's name, including any other name by which the 201
offender has been legally known, and any aliases used by the 202
registrant; 203
(2) Identifying information, including a physical description of the 204
registrant; 205
(3) The current residence address of the registrant; 206
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(4) The date of conviction of the registrant; 207
(5) A description of the offense; and 208
(6) If the registrant was sentenced to a term of incarceration for such 209
offense, a portion of which was not suspended, the date the registrant 210
was released from such incarceration. 211
(b) The registrant shall sign and date the registration. 212
(c) At the time that the registrant appears for the purpose of 213
registering, the department shall photograph the registrant and 214
arrange for the fingerprinting of the registrant and include such 215
photograph and a complete set of fingerprints in the registry. 216
(d) The department may require the registrant to provide 217
documentation to verify the contents of his or her registration. 218
Sec. 5. (NEW) (Effective October 1, 2019) (a) Any court, the 219
Commissioner of Correction or the Psychiatric Security Review Board, 220
prior to releasing into the community any person convicted or found 221
not guilty by reason of mental disease or defect of a crime involving 222
murder, except a person being released unconditionally at the 223
conclusion of such person's sentence or commitment, shall require as a 224
condition of such release that such person complete the registration 225
procedure established by the Commissioner of Emergency Services 226
and Public Protection under section 3 of this act. The court, the 227
Commissioner of Correction or the Psychiatric Security Review Board, 228
as the case may be, shall provide the person with a written summary 229
of the person's obligations under section 3 of this act, and transmit the 230
completed registration package to the Commissioner of Emergency 231
Services and Public Protection who shall enter the information into the 232
registry established under section 2 of this act. If a court transmits the 233
completed registration package to the Commissioner of Emergency 234
Services and Public Protection with respect to a person released by the 235
court, such package need not include identifying factors for such 236
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person. In the case of a person being released unconditionally who 237
declines to complete the registration package through the court or the 238
releasing agency, the court or agency shall: (1) Except with respect to 239
information that is not available to the public pursuant to court order, 240
rule of court or any provision of the general statutes, provide to the 241
Commissioner of Emergency Services and Public Protection the 242
person's name, date of release into the community, anticipated 243
residence address, if known, and criminal history record, any 244
electronic mail address, if known, and any other relevant information; 245
(2) inform the person that (A) such person has an obligation to register 246
with the Commissioner of Emergency Services and Public Protection 247
for life, and (B) if such person changes such person's residence address 248
or establishes or changes an electronic mail address such person shall 249
within five days register the new address in writing with the 250
Commissioner of Emergency Services and Public Protection; (3) 251
provide the person with a written summary of the person's obligations 252
under section 3 of this act, as explained to the person under 253
subdivision (2) of this subsection; and (4) make a specific notation on 254
the record maintained by that agency with respect to such person that 255
the registration requirements were explained to such person and that 256
such person was provided with a written summary of such person's 257
obligations under section 3 of this act. 258
(b) Whenever a person is convicted or found not guilty by reason of 259
mental disease or defect of a crime involving murder that will require 260
such person to register under section 3 of this act, the court shall 261
provide to the Department of Emergency Services and Public 262
Protection a written summary of the offense that includes the age and 263
sex of any victim of the offense and a specific description of the 264
offense. Such summary shall be added to the registry information 265
made available to the public through the Internet. 266
Sec. 6. (NEW) (Effective October 1, 2019) Any agency of the state or 267
any political subdivision thereof that provides public access to 268
information contained in the registry shall post a warning that states: 269
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"Any person who uses information in this registry to injure, harass or 270
commit a criminal act against any person included in the registry or 271
any other person is subject to criminal prosecution.". Such warning 272
shall be in a suitable size and location to ensure that it will be seen by 273
any person accessing registry information. 274
Sec. 7. Section 45a-99 of the general statutes is repealed and the 275
following is substituted in lieu thereof (Effective October 1, 2019): 276
(a) The courts of probate shall have concurrent jurisdiction with the 277
Superior Court, as provided in section 52-11, as amended by this act, to 278
grant a change of name, except a change of name granted in 279
accordance with subsection (a) of section 46b-63, except that no court 280
of probate may issue an order or otherwise allow for the change of 281
name of a person who is required to register with the Commissioner of 282
Emergency Services and Public Protection as a sexual offender, [or] as 283
an offender convicted of committing a crime with a deadly weapon or 284
as an offender convicted of a crime involving murder unless such 285
person complies with the requirements of subdivision (1) of subsection 286
(b) of this section. 287
(b) (1) Any person who is required to register with the 288
Commissioner of Emergency Services and Public Protection as a sexual 289
offender, [or] as an offender convicted of committing a crime with a 290
deadly weapon or as an offender convicted of a crime involving 291
murder who files an application with the Court of Probate for a change 292
of name shall (A) prior to filing such application, notify the 293
Commissioner of Emergency Services and Public Protection, on such 294
form as the commissioner may prescribe, that the person intends to file 295
an application for a change of name, indicating the change of name 296
sought, and (B) include with such application a sworn statement that 297
such change of name is not being sought for the purpose of avoiding 298
the legal consequences of a criminal conviction, including, but not 299
limited to, a criminal conviction that requires such person to register as 300
a sexual offender, [or] as an offender convicted of committing a crime 301
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with a deadly weapon or as an offender convicted of a crime involving 302
murder. 303
(2) The Commissioner of Emergency Services and Public Protection 304
shall have standing to challenge such person's application for a change 305
of name in the court of probate where such change of name is sought. 306
The commissioner shall challenge the change of name through the 307
Attorney General. The court of probate may deny such person's 308
application for a change of name if the court finds, by a preponderance 309
of the evidence, that the person is applying for such change of name 310
for the purpose of avoiding the legal consequences of a criminal 311
conviction. 312
(c) Whenever the court, pursuant to this section, orders a change of 313
name of a person, the court shall notify the Commissioner of 314
Emergency Services and Public Protection of the issuance of such order 315
if the court finds that such person is listed in the registry established 316
and maintained pursuant to section 54-257, [or] in the registry 317
established and maintained pursuant to section 54-280, or in the 318
registry established and maintained pursuant to section 2 of this act. 319
Sec. 8. Section 52-11 of the general statutes is repealed and the 320
following is substituted in lieu thereof (Effective October 1, 2019): 321
(a) The superior court in each judicial district shall have jurisdiction 322
of complaints praying for a change of name, brought by any person 323
residing in the judicial district, and may change the name of the 324
complainant, who shall thereafter be known by the name prescribed by 325
said court in its decree, except that no superior court may issue an 326
order or otherwise allow for the change of name of a person who is 327
required to register with the Commissioner of Emergency Services and 328
Public Protection as a sexual offender, [or] as an offender convicted of 329
committing a crime with a deadly weapon or as an offender convicted 330
of a crime involving murder unless such person complies with the 331
requirements of subdivision (1) of subsection (b) of this section. 332
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(b) (1) Any person who is required to register with the 333
Commissioner of Emergency Services and Public Protection as a sexual 334
offender, [or] as an offender convicted of committing a crime with a 335
deadly weapon, or as an offender convicted of a crime involving 336
murder who files an application with the Superior Court for a change 337
of name shall (A) prior to filing such application, notify the 338
Commissioner of Emergency Services and Public Protection, on such 339
form as the commissioner may prescribe, that the person intends to file 340
an application for a change of name, indicating the change of name 341
sought, and (B) include with such application a sworn statement that 342
such change of name is not being sought for the purpose of avoiding 343
the legal consequences of a criminal conviction, including, but not 344
limited to, a criminal conviction that requires such person to register as 345
a sexual offender, [or] as an offender convicted of committing a crime 346
with a deadly weapon or as an offender convicted of a crime involving 347
murder. 348
(2) The Commissioner of Emergency Services and Public Protection 349
shall have standing to challenge such person's application for a change 350
of name in the superior court where such change of name is sought. 351
The commissioner shall challenge the change of name through the 352
Attorney General. The superior court may deny such person's 353
application for a change of name if the court finds, by a preponderance 354
of the evidence, that the person is applying for such change of name 355
for the purpose of avoiding the legal consequences of a criminal 356
conviction. 357
(c) Whenever the court, pursuant to this section, orders a change of 358
name of a person, the clerk of the court shall notify the Commissioner 359
of Emergency Services and Public Protection of the issuance of such 360
order if the clerk finds that such person is listed in the registry 361
established and maintained pursuant to section 54-257, [or] in the 362
registry established and maintained pursuant to section 54-280, or in 363
the registry established and maintained pursuant to section 2 of this 364
act. 365
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section
Sec. 2 October 1, 2019 New section
Sec. 3 October 1, 2019 New section
Sec. 4 October 1, 2019 New section
Sec. 5 October 1, 2019 New section
Sec. 6 October 1, 2019 New section
Sec. 7 October 1, 2019 45a-99
Sec. 8 October 1, 2019 52-11
Statement of Purpose:
To establish an online registry of persons convicted of a crime
involving murder.
[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.]
Co-Sponsors: REP. KLARIDES, 114th Dist.
H.B. 5363