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statutes are repealed and the following is substituted in lieu thereof 2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