Connecticut 2019 Regular Session

Connecticut House Bill HB07349 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 7349
8	6		January Session, 2019
9	7		LCO No. 5734
10	8
11	9
12	10		Referred to Committee on JUDICIARY
13	11
14	12
15	13		Introduced by:
16	14		(JUD)
17		-
18	15
19	16
20	17		AN ACT CONCERNING ID ENTITY THEFT VICTIM ACCESS TO
21	18		RECORDS.
22	19		Be it enacted by the Senate and House of Representatives in General
23	20		Assembly convened:
24	21
25	22		Section 1. Section 54-56e of the general statutes is repealed and the 1
26	23		following is substituted in lieu thereof (Effective October 1, 2019): 2
27	24		(a) There shall be a pretrial program for accelerated rehabilitation of 3
28	25		persons accused of a crime or crimes or a motor vehicle violation or 4
29	26		violations for which a sentence to a term of imprisonment may be 5
30	27		imposed, which crimes or violations are not of a serious nature. Upon 6
31	28		application by any such person for participation in the program, the 7
32	29		court shall, but only as to the public, order the court file sealed, except 8
33	30		as provided in subsection (g) of this section. 9
34	31		(b) The court may, in its discretion, invoke such program on motion 10
35	32		of the defendant or on motion of a state's attorney or prosecuting 11
36	33		attorney with respect to a defendant (1) who, the court believes, will 12
37	34		probably not offend in the future, (2) who has no previous record of 13
38	35		conviction of a crime or of a violation of section 14-196, subsection (c) 14
39		-	of section 14-215, section 14-222a, subsection (a) or subdivision (1) of 15 Raised Bill No. 7349
	36	+	of section 14-215, section 14-222a, subsection (a) or subdivision (1) of 15
	37	+	subsection (b) of section 14-224, section 14-227a or 14-227m or 16 Raised Bill No. 7349
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46		-	subsection (b) of section 14-224, section 14-227a or 14-227m or 16
	41	+	LCO No. 5734 2 of 6
	42	+
47	43		subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who 17
48	44		states under oath, in open court or before any person designated by the 18
49	45		clerk and duly authorized to administer oaths, under the penalties of 19
50	46		perjury, (A) that the defendant has never had such program invoked 20
51	47		on the defendant's behalf or that the defendant was charged with a 21
52	48		misdemeanor or a motor vehicle violation for which a term of 22
53	49		imprisonment of one year or less may be imposed and ten or more 23
54	50		years have passed since the date that any charge or charges for which 24
55	51		the program was invoked on the defendant's behalf were dismissed by 25
56	52		the court, or (B) with respect to a defendant who is a veteran, that the 26
57	53		defendant has not had such program invoked in the defendant's behalf 27
58	54		more than once previously, provided the defendant shall agree thereto 28
59	55		and provided notice has been given by the defendant, on a form 29
60	56		prescribed by the Office of the Chief Court Administrator, to the victim 30
61	57		or victims of such crime or motor vehicle violation, if any, by 31
62	58		registered or certified mail and such victim or victims have an 32
63	59		opportunity to be heard thereon. Any defendant who makes 33
64	60		application for participation in such program shall pay to the court an 34
65	61		application fee of thirty-five dollars. No defendant shall be allowed to 35
66	62		participate in the pretrial program for accelerated rehabilitation more 36
67	63		than two times. For the purposes of this section, "veteran" means any 37
68	64		person who was discharged or released under conditions other than 38
69	65		dishonorable from active service in the armed forces as defined in 39
70	66		section 27-103. 40
71	67		(c) This section shall not be applicable: (1) To any person charged 41
72	68		with (A) a class A felony, (B) a class B felony, except a violation of 42
73	69		subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 43
74	70		not involve the use, attempted use or threatened use of physical force 44
75	71		against another person, or a violation of subdivision (4) of subsection 45
76	72		(a) of section 53a-122 that does not involve the use, attempted use or 46
77	73		threatened use of physical force against another person and does not 47
78	74		involve a violation by a person who is a public official, as defined in 48
79		-	section 1-110, or a state or municipal employee, as defined in section 1-49 Raised Bill No. 7349
	75	+	section 1-110, or a state or municipal employee, as defined in section 1-49
	76	+	110, or (C) a violation of section 14-227a or 14-227m, subdivision (1) or 50 Raised Bill No. 7349
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86		-	110, or (C) a violation of section 14-227a or 14-227m, subdivision (1) or 50
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87	82		(2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) 51
88	83		of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 52
89	84		53a-71, except as provided in subdivision (5) of this subsection, 53a-53
90	85		72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged 54
91	86		with a crime or motor vehicle violation who, as a result of the 55
92	87		commission of such crime or motor vehicle violation, causes the death 56
93	88		of another person, (3) to any person accused of a family violence crime 57
94	89		as defined in section 46b-38a who (A) is eligible for the pretrial family 58
95	90		violence education program established under section 46b-38c, or (B) 59
96	91		has previously had the pretrial family violence education program 60
97	92		invoked in such person's behalf, (4) to any person charged with a 61
98	93		violation of section 21a-267 or 21a-279 who (A) is eligible for the 62
99	94		pretrial drug education and community service program established 63
100	95		under section 54-56i, or (B) has previously had the pretrial drug 64
101	96		education program or the pretrial drug education and community 65
102	97		service program invoked on such person's behalf, (5) unless good 66
103	98		cause is shown, to (A) any person charged with a class C felony, or (B) 67
104	99		any person charged with committing a violation of subdivision (1) of 68
105	100		subsection (a) of section 53a-71 while such person was less than four 69
106	101		years older than the other person, (6) to any person charged with a 70
107	102		violation of section 9-359 or 9-359a, (7) to any person charged with a 71
108	103		motor vehicle violation (A) while operating a commercial motor 72
109	104		vehicle, as defined in section 14-1, or (B) who holds a commercial 73
110	105		driver's license or commercial driver's instruction permit at the time of 74
111	106		the violation, (8) to any person charged with a violation of subdivision 75
112	107		(6) of subsection (a) of section 53a-60, or (9) to a health care provider or 76
113	108		vendor participating in the state's Medicaid program charged with a 77
114	109		violation of section 53a-122 or subdivision (4) of subsection (a) of 78
115	110		section 53a-123. 79
116	111		(d) Except as provided in subsection (e) of this section, any 80
117	112		defendant who enters such program shall pay to the court a 81
118	113		participation fee of one hundred dollars. Any defendant who enters 82
119		-	such program shall agree to the tolling of any statute of limitations 83 Raised Bill No. 7349
	114	+	such program shall agree to the tolling of any statute of limitations 83
	115	+	with respect to such crime and to a waiver of the right to a speedy trial. 84 Raised Bill No. 7349
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126		-	with respect to such crime and to a waiver of the right to a speedy trial. 84
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127	121		Any such defendant shall appear in court and shall, under such 85
128	122		conditions as the court shall order, be released to the custody of the 86
129	123		Court Support Services Division, except that, if a criminal docket for 87
130	124		drug-dependent persons has been established pursuant to section 51-88
131	125		181b in the judicial district, such defendant may be transferred, under 89
132	126		such conditions as the court shall order, to the court handling such 90
133	127		docket for supervision by such court. If the defendant refuses to 91
134	128		accept, or, having accepted, violates such conditions, the defendant's 92
135	129		case shall be brought to trial. The period of such probation or 93
136	130		supervision, or both, shall not exceed two years. If the defendant has 94
137	131		reached the age of sixteen years but has not reached the age of eighteen 95
138	132		years, the court may order that as a condition of such probation the 96
139	133		defendant be referred for services to a youth service bureau 97
140	134		established pursuant to section 10-19m, provided the court finds, 98
141	135		through an assessment by a youth service bureau or its designee, that 99
142	136		the defendant is in need of and likely to benefit from such services. 100
143	137		When determining any conditions of probation to order for a person 101
144	138		entering such program who was charged with a misdemeanor that did 102
145	139		not involve the use, attempted use or threatened use of physical force 103
146	140		against another person or a motor vehicle violation, the court shall 104
147	141		consider ordering the person to perform community service in the 105
148	142		community in which the offense or violation occurred. If the court 106
149	143		determines that community service is appropriate, such community 107
150	144		service may be implemented by a community court established in 108
151	145		accordance with section 51-181c if the offense or violation occurred 109
152	146		within the jurisdiction of a community court established by said 110
153	147		section. If the defendant is charged with a violation of section 46a-58, 111
154	148		53-37a, 53a-181j, 53a-181k or 53a-181l, the court may order that as a 112
155	149		condition of such probation the defendant participate in a hate crimes 113
156	150		diversion program as provided in subsection (e) of this section. If a 114
157	151		defendant is charged with a violation of section 53-247, the court may 115
158	152		order that as a condition of such probation the defendant undergo 116
159	153		psychiatric or psychological counseling or participate in an animal 117
160		-	cruelty prevention and education program provided such a program 118 Raised Bill No. 7349
	154	+	cruelty prevention and education program provided such a program 118
	155	+	exists and is available to the defendant. 119 Raised Bill No. 7349
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167		-	exists and is available to the defendant. 119
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168	161		(e) If the court orders the defendant to participate in a hate crimes 120
169	162		diversion program as a condition of probation, the defendant shall pay 121
170	163		to the court a participation fee of four hundred twenty-five dollars. No 122
171	164		person may be excluded from such program for inability to pay such 123
172	165		fee, provided (1) such person files with the court an affidavit of 124
173	166		indigency or inability to pay, (2) such indigency or inability to pay is 125
174	167		confirmed by the Court Support Services Division, and (3) the court 126
175	168		enters a finding thereof. The Judicial Department shall contract with 127
176	169		service providers, develop standards and oversee appropriate hate 128
177	170		crimes diversion programs to meet the requirements of this section. 129
178	171		Any defendant whose employment or residence makes it unreasonable 130
179	172		to attend a hate crimes diversion program in this state may attend a 131
180	173		program in another state which has standards substantially similar to, 132
181	174		or higher than, those of this state, subject to the approval of the court 133
182	175		and payment of the application and program fees as provided in this 134
183	176		section. The hate crimes diversion program shall consist of an 135
184	177		educational program and supervised community service. 136
185	178		(f) If a defendant released to the custody of the Court Support 137
186	179		Services Division satisfactorily completes such defendant's period of 138
187	180		probation, such defendant may apply for dismissal of the charges 139
188	181		against such defendant and the court, on finding such satisfactory 140
189	182		completion, shall dismiss such charges. If the defendant does not apply 141
190	183		for dismissal of the charges against such defendant after satisfactorily 142
191	184		completing such defendant's period of probation, the court, upon 143
192	185		receipt of a report submitted by the Court Support Services Division 144
193	186		that the defendant satisfactorily completed such defendant's period of 145
194	187		probation, may on its own motion make a finding of such satisfactory 146
195	188		completion and dismiss such charges. If a defendant transferred to the 147
196	189		court handling the criminal docket for drug-dependent persons 148
197	190		satisfactorily completes such defendant's period of supervision, the 149
198	191		court shall release the defendant to the custody of the Court Support 150
199		-	Services Division under such conditions as the court shall order or 151 Raised Bill No. 7349
	192	+	Services Division under such conditions as the court shall order or 151
	193	+	shall dismiss such charges. Upon dismissal, all records of such charges 152
	194	+	shall be erased pursuant to section 54-142a, except as provided in 153 Raised Bill No. 7349
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206		-	~~shall dismiss such charges~~. ~~Upon dismissal,~~ ~~all records~~ of ~~such charges 152~~
207		-	~~shall be erased pursuant to section 54-142a, except as provided in 153~~
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	199	+
208	200		subsection (g) of this section. An order of the court denying a motion 154
209	201		to dismiss the charges against a defendant who has completed such 155
210	202		defendant's period of probation or supervision or terminating the 156
211	203		participation of a defendant in such program shall be a final judgment 157
212	204		for purposes of appeal. 158
213	205		(g) In the case of a defendant who is charged with a violation of 159
214	206		section 53a-129c or 53a-129d and participates in the program, the 160
215	207		victim of such offense shall be able to access the victim's complaint 161
216	208		against the defendant and any report by a law enforcement agency 162
217	209		concerning such offense. 163
218	210		This act shall take effect as follows and shall amend the following
219	211		sections:
220	212
221	213		Section 1 October 1, 2019 54-56e
222	214
223		-	JUD Joint Favorable
	215	+	Statement of Purpose:
	216	+	To enable identity theft victims to access records in the case of identity
	217	+	theft that would otherwise be unavailable to the victim in the case of a
	218	+	defendant accessing accelerated rehabilitation for the purpose of
	219	+	correcting erroneous information concerning the victim's identity.
	220	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	221	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	222	+	not underlined.]
224	223