Connecticut 2019 Regular Session

Connecticut House Bill HB07332 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 5505 \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07332-R01-
4		-	HB.docx
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	3	+	LCO No. 5505 1 of 4
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7	5		General Assembly Raised Bill No. 7332
8	6		January Session, 2019
9	7		LCO No. 5505
10	8
11	9
12		-	Referred to Committee on PUBLIC SAFETY AND
13		-	SECURITY
	10	+	Referred to Committee on PUBLIC SAFETY AND SECURITY
14	11
15	12
16	13		Introduced by:
17	14		(PS)
	15	+
18	16
19	17
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21	19		AN ACT CONCERNING PU BLIC SAFETY AND THE WELFARE OF
22	20		REPEAT JUVENILE OFFE NDERS AND THEIR VICTIMS.
23	21		Be it enacted by the Senate and House of Representatives in General
24	22		Assembly convened:
25	23
26	24		Section 1. Subsections (a) and (b) of section 46b-127 of the general 1
27	25		statutes are repealed and the following is substituted in lieu thereof 2
28	26		(Effective October 1, 2019): 3
29	27		(a) (1) The court shall automatically transfer from the docket for 4
30	28		juvenile matters to the regular criminal docket of the Superior Court 5
31	29		the case of any child (A) (i) charged with the commission of (I) a 6
32	30		capital felony under the provisions of section 53a-54b in effect prior to 7
33	31		April 25, 2012, (II) a class A felony, [or] (III) a class B felony, except as 8
34	32		provided in subparagraph (A)(ii) of this subdivision or subdivision (3) 9
35	33		of this subsection, or (IV) a violation of section 53a-54d, [provided] or 10
36	34		(ii) previously adjudicated as delinquent for or convicted of or pled 11
37	35		guilty or nolo contendere to two or more felony offenses, and charged 12
38	36		with the commission of larceny under subdivision (3) of subsection (a) 13
39	37		of section 53a-122, subdivision (1) of subsection (a) of section 53a-123 14
40	38		or subdivision (1) of subsection (a) of section 53a-124, and (B) such 15 Raised Bill No. 7332
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45		-	2 of 4
	41	+
	42	+	LCO No. 5505 2 of 4
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47	44		offense was committed after such child attained the age of fifteen years 16
48	45		and counsel has been appointed for such child if such child is indigent. 17
49	46		Such counsel may appear with the child but shall not be permitted to 18
50	47		make any argument or file any motion in opposition to the transfer. 19
51	48		The child shall be arraigned in the regular criminal docket of the 20
52	49		Superior Court at the next court date following such transfer, provided 21
53	50		any proceedings held prior to the finalization of such transfer shall be 22
54	51		private and shall be conducted in such parts of the courthouse or the 23
55	52		building in which the court is located that are separate and apart from 24
56	53		the other parts of the court which are then being used for proceedings 25
57	54		pertaining to adults charged with crimes. 26
58	55		(2) A state's attorney may, at any time after such arraignment, file a 27
59	56		motion to transfer the case of any child charged with the commission 28
60	57		of a class B felony, larceny under subdivision (1) of subsection (a) of 29
61	58		section 53a-123 or subdivision (1) of subsection (a) of section 53a-124, 30
62	59		or a violation of subdivision (2) of subsection (a) of section 53a-70, to 31
63	60		the docket for juvenile matters for proceedings in accordance with the 32
64	61		provisions of this chapter. 33
65	62		(3) No case of any child charged with the commission of a violation 34
66	63		of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of 35
67	64		subsection (a) of section 53a-101, section 53a-112, 53a-122 or 53a-129b, 36
68	65		subdivision (1), (3) or (4) of subsection (a) of section 53a-134, section 37
69	66		53a-196c, 53a-196d or 53a-252 or subsection (a) of section 53a-301 shall 38
70	67		be transferred from the docket for juvenile matters to the regular 39
71	68		criminal docket of the Superior Court, except as provided in this 40
72	69		subdivision or subdivision (1) of this subsection. Upon motion of a 41
73	70		prosecutorial official, the superior court for juvenile matters shall 42
74	71		conduct a hearing to determine whether the case of any child charged 43
75	72		with the commission of any such offense shall be transferred from the 44
76	73		docket for juvenile matters to the regular criminal docket of the 45
77	74		Superior Court. The court shall not order that the case be transferred 46
78	75		under this subdivision unless the court finds that (A) such offense was 47
79		-	committed after such child attained the age of fifteen years, (B) there is 48 Raised Bill No. 7332
	76	+	committed after such child attained the age of fifteen years, (B) there is 48
	77	+	probable cause to believe the child has committed the act for which the 49 Raised Bill No. 7332
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85	80
86		-	probable cause to believe the child has committed the act for which the 49
	81	+	LCO No. 5505 3 of 4
	82	+
87	83		child is charged, and (C) after considering the best interests of the 50
88	84		child, [and] the best interests of the public will not be served by 51
89	85		maintaining the case in the superior court for juvenile matters. In 52
90	86		making such findings, the court shall consider (i) any prior criminal or 53
91	87		juvenile offenses committed by the child, (ii) the seriousness of such 54
92	88		offenses, (iii) any evidence that the child has intellectual disability or 55
93	89		mental illness, and (iv) the availability of services in the docket for 56
94	90		juvenile matters that can serve the child's needs. Any motion under 57
95	91		this subdivision shall be made, and any hearing under this subdivision 58
96	92		shall be held, not later than thirty days after the child is arraigned in 59
97	93		the superior court for juvenile matters. 60
98	94		(b) (1) [Upon] Except as provided in subsection (a) of this section 61
99	95		with respect to larceny, upon motion of a prosecutorial official, the 62
100	96		superior court for juvenile matters shall conduct a hearing to 63
101	97		determine whether the case of any child charged with the commission 64
102	98		of a class C, D or E felony or an unclassified felony shall be transferred 65
103	99		from the docket for juvenile matters to the regular criminal docket of 66
104	100		the Superior Court. The court shall not order that the case be 67
105	101		transferred under this subdivision unless the court finds that (A) such 68
106	102		offense was committed after such child attained the age of fifteen 69
107	103		years, (B) there is probable cause to believe the child has committed 70
108	104		the act for which the child is charged, and (C) after considering the 71
109	105		best interests of the child, [and] the best interests of the public will not 72
110	106		be served by maintaining the case in the superior court for juvenile 73
111	107		matters. In making such findings, the court shall consider (i) any prior 74
112	108		criminal or juvenile offenses committed by the child, (ii) the 75
113	109		seriousness of such offenses, (iii) any evidence that the child has 76
114	110		intellectual disability or mental illness, and (iv) the availability of 77
115	111		services in the docket for juvenile matters that can serve the child's 78
116	112		needs. Any motion under this subdivision shall be made, and any 79
117	113		hearing under this subdivision shall be held, not later than thirty days 80
118		-	after the child is arraigned in the superior court for juvenile matters. 81 Raised Bill No. 7332
	114	+	after the child is arraigned in the superior court for juvenile matters. 81
	115	+	(2) If a case is transferred to the regular criminal docket pursuant to 82
	116	+	subdivision (1) of this subsection or subdivision (3) of subsection (a) of 83 Raised Bill No. 7332
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124	119
125		-	~~(2) If a case is transferred to the regular criminal docket pursuant to 82~~
126		-	~~subdivision (1) of this subsection or subdivision (3) of subsection (a) of 83~~
	120	+	LCO No. 5505 4 of 4
	121	+
127	122		this section, the court sitting for the regular criminal docket may return 84
128	123		the case to the docket for juvenile matters at any time prior to a jury 85
129	124		rendering a verdict or the entry of a guilty plea for good cause shown 86
130	125		for proceedings in accordance with the provisions of this chapter. 87
131	126		This act shall take effect as follows and shall amend the following
132	127		sections:
133	128
134	129		Section 1 October 1, 2019 46b-127(a) and (b)
135	130
136		-	PS Joint Favorable
	131	+	Statement of Purpose:
	132	+	To require the automatic transfer to criminal court of a case of a
	133	+	juvenile charged with larceny involving theft of a motor vehicle when
	134	+	the juvenile has at least four prior adjudications or convictions for a
	135	+	felony and to change the factors a court must consider when
	136	+	determining whether to transfer a case involving a juvenile charged
	137	+	with certain felonies.
	138	+
	139	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	140	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	141	+	not underlined.]
137	142