Connecticut 2019 Regular Session

Connecticut Senate Bill SB00996 Latest Draft

Bill / Chaptered Version Filed 06/24/2019

                             
 
 
Substitute Senate Bill No. 996 
 
Public Act No. 19-132 
 
 
AN ACT CONCERNING RE VISIONS TO VARIOUS S TATUTES 
CONCERNING THE CRIMI NAL JUSTICE SYSTEM A ND REVISING 
PROVISIONS CONCERNIN G JAILHOUSE WITNESSES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 1-102 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2019): 
No person, committee, association, organization or corporation shall 
employ any salaried commissioner or deputy commissioner of this 
state, or any person receiving a salary or pay from the state for services 
rendered and performed at Hartford, or shall give to any such person 
any advantage, aid, emolument, entertainment, money or other 
valuable thing for appearing for, on behalf of or in opposition to, any 
measure, bill, resolution or petition pending before the General 
Assembly or any committee thereof, or for advancing, supporting, 
advocating, or seeking to secure the passage, defeat or amendment of 
any such measure, bill, resolution or petition pending in or before the 
General Assembly or any committee thereof; nor shall any such 
salaried commissioner, deputy commissioner or other person 
described in this section accept any such employment or perform any 
such service for another, or accept aid, emolument, entertainment, 
money, advantage or other valuable thing for or in consideration of  Substitute Senate Bill No. 996 
 
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any such service. Any person, committee, association, organization or 
corporation, or any such salaried commissioner, deputy commissioner 
or person receiving a salary or pay from the state for services rendered 
and performed at Hartford, who violates any of the provisions of this 
section, shall be fined not less than one hundred or more than one 
thousand dollars. All complaints for the violation of this section shall 
be made to the [state's attorney for the judicial district of New Britain, 
and said state's attorney] Chief State's Attorney, who shall, upon proof 
of probable guilt being shown, cause the arrest of any such offender 
and present such offender or cause such offender to be presented for 
trial before the [superior court for the judicial district of New Britain] 
Superior Court.  
Sec. 2. Section 46b-150d of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2019): 
An order that a minor is emancipated shall have the following 
effects: (1) The minor may consent to medical, dental or psychiatric 
care, without parental consent, knowledge or liability; (2) the minor 
may enter into a binding contract; (3) the minor may sue and be sued 
in such minor's own name; (4) the minor shall be entitled to such 
minor's own earnings and shall be free of control by such minor's 
parents or guardian; (5) the minor may establish such minor's own 
residence; (6) the minor may buy and sell real and personal property; 
(7) the minor may not thereafter be the subject of (A) a petition under 
section 46b-129 as an abused, neglected or uncared for child or youth, 
(B) a petition under section 46b-128 or 46b-133 as a delinquent child for 
any act committed before the date of the order, or (C) a petition under 
section 46b-149 alleging that the minor is a child from a family with 
service needs; (8) the minor may enroll in any school or college, 
without parental consent; (9) the minor shall be deemed to be over 
eighteen years of age for purposes of securing an operator's license 
under section 14-36 and a marriage license under section 46b-20a; (10)  Substitute Senate Bill No. 996 
 
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the minor shall be deemed to be over eighteen years of age for 
purposes of registering a motor vehicle under section 14-12; (11) the 
parents of the minor shall no longer be the guardians of the minor 
under section 45a-606; (12) the parents of a minor shall be relieved of 
any obligations respecting such minor's school attendance under 
section 10-184; (13) the parents shall be relieved of all obligation to 
support the minor; (14) the minor shall be emancipated for the 
purposes of parental liability for such minor's acts under section 52-
572; (15) the minor may execute releases in such minor's own name; 
[under section 14-118;] (16) the minor may enlist in the armed forces of 
the United States without parental consent; and (17) the minor may 
access or obtain a certified copy of a birth certificate under section 7-51.  
Sec. 3. Subdivision (1) of subsection (b) of section 52-570d of the 
general statutes is repealed and the following is substituted in lieu 
thereof (Effective October 1, 2019): 
(1) Any federal, state or local criminal law enforcement official or 
agent of any such official who in the lawful performance of [his duties] 
such official or agent's duties, or at the request or direction of such 
official or agent in the performance of such official or agent's duties, 
records telephonic communications; 
Sec. 4. Subsection (b) of section 53a-60a of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective 
October 1, 2019): 
(b) Assault in the second degree with a firearm is (1) a class D 
felony, or (2) if the offense resulted in serious physical injury, a class C 
felony, for which, in either case under subdivision (1) or subdivision 
(2) of this subsection, one year of the sentence imposed may not be 
suspended or reduced by the court. 
Sec. 5. Section 53a-214 of the general statutes is repealed and the  Substitute Senate Bill No. 996 
 
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following is substituted in lieu thereof (Effective October 1, 2019): 
(a) A landlord or lessor of a [dwelling] residential or nonresidential 
unit subject to the provisions of chapter 830 [,] or 832, or an owner of 
such a unit, or the agent of such landlord, lessor or owner is guilty of 
criminal lockout when, without benefit of a court order, he or she 
deprives a tenant, as defined in subsection (l) of section 47a-1, or a 
lessee of a nonresidential unit, of access to [his dwelling] his or her 
residential or nonresidential unit or his [personal] or her possessions. 
(b) Criminal lockout is a class C misdemeanor.  
Sec. 6. Subsection (d) of section 1 of public act 19-131 is repealed and 
the following is substituted in lieu thereof (Effective October 1, 2019): 
(d) For the purposes of this section, "benefit" means any plea 
bargain, bail consideration, reduction or modification of sentence or 
any other leniency, immunity, financial payment, reward or 
amelioration of current or future conditions of incarceration offered or 
provided in connection with, or in exchange for, testimony that is 
offered or provided by a jailhouse witness; and "jailhouse witness" 
means a person who [is incarcerated at the time that he or she offers or 
provides testimony concerning statements made by a person suspected 
as the perpetrator of an offense or a defendant] offers or provides 
testimony concerning statements made to such person by another 
person with whom he or she was incarcerated, or an incarcerated 
person who offers or provides testimony concerning statements made 
to such person by another person who is suspected of or charged with 
committing a criminal offense. 
Sec. 7. Section 2 of public act 19-131 is repealed and the following is 
substituted in lieu thereof (Effective October 1, 2019): 
(a) In any criminal prosecution of a defendant for a violation of 
section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-70, 53a-70a or 53a-70c of  Substitute Senate Bill No. 996 
 
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the general statutes, upon a motion of the defendant before the start of 
a trial on any such offense, the court shall conduct a hearing at which 
hearsay or secondary evidence shall be admissible to determine 
whether any jailhouse witness's testimony is reliable and admissible. 
The court shall make [such] a prima facie determination concerning 
the reliability of [the witness] such testimony after evaluation of the 
evidence submitted at the hearing and the information or material 
disclosed pursuant to subdivisions (1) to (5), inclusive, of subsection 
(a) of section 1 of [this act] public act 19-131, and may consider the 
following factors: 
(1) The extent to which the jailhouse witness's testimony is 
confirmed by other evidence; 
(2) The specificity of the testimony; 
(3) The extent to which the testimony contains details known only 
by the perpetrator of the alleged offense; 
(4) The extent to which the details of the testimony could be 
obtained from a source other than the defendant; and 
(5) The circumstances under which the jailhouse witness initially 
provided information supporting such testimony to a sworn member 
of a municipal police department, a sworn member of the Division of 
State Police within the Department of Emergency Services and Public 
Protection or a prosecutorial official, including whether the jailhouse 
witness was responding to a leading question. 
(b) If the prosecutorial official fails to [show by a preponderance of 
the evidence] make a prima facie showing that the jailhouse witness's 
testimony is reliable, the court shall not allow the testimony to be 
admitted. 
(c) For the purposes of this section, "jailhouse witness" means  Substitute Senate Bill No. 996 
 
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jailhouse witness, as defined in section 1 of [this act] public act 19-131. 
Sec. 8. Sections 13a-69 and 13b-305 of the general statutes are 
repealed. (Effective October 1, 2019)