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General Assembly Committee Bill No. 504
January Session, 2019
LCO No. 6240
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E SUSPENSION OF DELINQ UENCY
PROCEEDINGS FOR TREA TMENT OR OTHER SERVI CES IN MOTOR
VEHICLE THEFT OR MISUSE CASES AND CONCER NING
DETENTION OF JUVENILES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) (a) For purposes of this 1
section: (1) "Delinquency offense involving the unlawful use or 2
operation of a motor vehicle" means an offense under subdivision (1) 3
of subsection (a) of section 53a-119b of the general statutes, section 53a-4
126a or 53a-126b of the general statutes when the property consists of a 5
motor vehicle; and (2) "delinquency offense involving motor vehicle 6
theft" means an offense under subdivision (3) of subsection (a) of 7
section 53a-122 of the general statutes, subdivision (1) of subsection (a) 8
of section 53a-123 of the general statutes or subdivision (1) of 9
subsection (a) of section 53a-124 of the general statutes. 10
(b) The court, on motion of a child charged with a delinquency 11
offense involving the unlawful use or operation of a motor vehicle or a 12
delinquency offense involving motor vehicle theft for which such child 13
is not yet adjudicated as delinquent, may order that such child be 14
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evaluated to determine whether the child would benefit from 15
treatment or other services to address any condition or behavior 16
directly related to such offense. Such motion shall be filed with the 17
court not later than ten days after a plea is entered, except if waived by 18
the court or pursuant to an agreement by the parties. The results of any 19
evaluation ordered pursuant to this subsection shall be utilized only 20
for the purposes of determining whether the delinquency proceeding 21
should be suspended under this section. Any out-of-pocket costs of 22
such evaluation shall be paid by such child's parent or guardian unless 23
such costs are waived by the court upon a finding that such parent or 24
guardian is indigent. 25
(c) The court, upon motion of the child charged with a delinquency 26
offense involving the unlawful use or operation of a motor vehicle or a 27
delinquency offense involving motor vehicle theft for which such child 28
is not yet adjudicated as delinquent, may order the suspension of the 29
delinquency proceedings for a period of up to one year and order that 30
such child participate in treatment or other services to address any 31
condition or behavior directly related to such offense if the court, after 32
consideration of information before it concerning such condition or 33
behavior, and the evaluation ordered pursuant to subsection (b) of this 34
section, finds that: (1) Such child requires and is likely to benefit from 35
such treatment or other services, and (2) suspension of delinquency 36
proceedings will advance the interest of justice. During the period of 37
suspension, a child shall be placed under the supervision of a juvenile 38
probation officer and such officer shall monitor the compliance of such 39
child with the orders of the court. Any out-of-pocket costs of such 40
treatment or other services shall be paid by such child's parent or 41
guardian unless such costs are waived by the court upon a finding that 42
such parent or guardian is indigent. 43
(d) If the court denies the motion for suspension of the delinquency 44
proceedings, the prosecutorial official may proceed with the 45
delinquency proceedings. Any order of the court granting or denying a 46
motion for suspension of the delinquency proceedings shall not be 47
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deemed a final order for purposes of appeal. 48
(e) At any time before the end of the period of the suspension of the 49
delinquency proceedings, but not later than one month before the end 50
of the period of suspension, a juvenile probation officer shall notify the 51
court of the impending conclusion of the suspension and submit a 52
report on whether the child has completed the treatment or other 53
services and has complied with all other conditions of the suspension 54
order imposed by the court. 55
(f) If the court, on motion of the child or on its own motion, finds 56
that the child has completed the treatment or other services and has 57
complied with all other conditions of suspension, it may dismiss the 58
charge for which the delinquency proceedings had been suspended. If 59
the court denies the motion and terminates the suspension of the 60
delinquency proceedings, the prosecutorial official may proceed with 61
such proceedings. 62
(g) The provisions of this section shall not apply to any child 63
charged with a serious juvenile offense as defined in section 46b-120 of 64
the general statutes or any child who was previously evaluated and 65
ordered to receive treatment or other services under this section. 66
Sec. 2. Section 46b-133 of the general statutes is amended by adding 67
subsection (k) as follows (Effective July 1, 2019): 68
(NEW) (k) For purposes of subsections (c) and (e) of this section, a 69
child may be determined to pose a risk to public safety if such child 70
has previously been adjudicated as delinquent for or convicted of or 71
pled guilty or nolo contendere to two or more felony offenses, has had 72
two or more prior dispositions of probation and is charged with 73
commission of a larceny under subdivision (3) of subsection (a) of 74
section 53a-122 or subdivision (1) of subsection (a) of section 53a-123. 75
This act shall take effect as follows and shall amend the following
sections:
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Section 1 July 1, 2019 New section
Sec. 2 July 1, 2019 46b-133
Statement of Purpose:
To divert children in motor vehicle theft or misuse delinquency cases
to treatment or other programs and to modify the grounds under
which a child may be detained.
[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: SEN. FASANO, 34th Dist.
S.B. 504