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General Assembly Raised Bill No. 1055
January Session, 2019
LCO No. 5695
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT ESTABLISHING A TASK FORCE TO STUDY THE JUROR
SELECTION PROCESS, P ROVIDING ACCESS TO C ERTAIN
RECORDS POSSESSED BY THE DEPARTMENT OF ME NTAL
HEALTH AND ADDICTION SERVICES, CONNECTICU T VALLEY
HOSPITAL AND THE PSY CHIATRIC SECURITY REVIEW BOARD AND
CONCERNING SENTENCIN G OF PERSISTENT LARCENY
OFFENDERS AND NONFIN ANCIAL CONDITIONS FO R PRETRIAL
RELEASE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) (a) There is established a task force 1
to study jury selection in the state to determine whether processes 2
currently in place result in a fair cross-section of the community being 3
summoned for jury duty and whether a fair cross-section of the 4
community appear for jury service. In connection with such study, the 5
task force may (1) collect statistics and conduct data analysis of jurors 6
appearing for jury service, (2) review juror selection processes and 7
procedures utilized in other jurisdictions, and (3) conduct research that 8
is consistent with the objectives of the study. Such study shall be 9
undertaken with the objective of ensuring that the state's juror 10
selection processes encompass a full and fair representation of the 11 Raised Bill No. 1055
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community at large. 12
(b) The task force shall consist of the following members: 13
(1) The Chief Court Administrator, or the Chief Court 14
Administrator's designee; 15
(2) The Chief State's Attorney, or the Chief State's Attorney's 16
designee; 17
(3) The Chief Public Defender, or the Chief Public Defender's 18
designee; 19
(4) The Attorney General, or the Attorney General's designee; 20
(5) The Jury Administrator, or the Jury Administrator's designee; 21
(6) The president of the Connecticut Bar Association, or the 22
president's designee; 23
(7) The president of the South Asian Bar Association of Connecticut, 24
or the president's designee; 25
(8) The president of the George W. Crawford Black Bar Association, 26
or the president's designee; 27
(9) The president of the Connecticut Hispanic Bar Association, or 28
the president's designee; 29
(10) The president of the Connecticut Asian Pacific American Bar 30
Association, or the president's designee; 31
(11) The president of the Portuguese Bar Association of Connecticut, 32
or the president's designee; 33
(12) The president of the Connecticut Italian-American Bar 34
Association, or the president's designee; and 35
(13) The deans of The University of Connecticut School of Law, 36
Quinnipiac University School of Law and Yale Law School, or their 37 Raised Bill No. 1055
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respective designees. 38
(c) All appointments to the task force shall be made not later than 39
thirty days after the effective date of this section. Any vacancy shall be 40
filled by the appointing authority. 41
(d) The Chief Court Administrator shall select the chairpersons of 42
the task force from among the members of the task force. Such 43
chairpersons shall schedule the first meeting of the task force, which 44
shall be held not later than sixty days after the effective date of this 45
section. 46
(e) The administrative staff of the joint standing committee of the 47
General Assembly having cognizance of matters relating to the 48
judiciary shall serve as administrative staff of the task force. 49
(f) Not later than July 1, 2020, the task force shall report on its 50
findings and recommendations to the joint standing committee of the 51
General Assembly having cognizance of matters relating to the 52
judiciary and to the Chief Court Administrator, in accordance with the 53
provisions of section 11-4a of the general statutes. Such 54
recommendations may include statutory revisions that would enhance 55
the representativeness of the juror array. The task force shall terminate 56
on the date that it submits such report or July 1, 2020, whichever is 57
later. 58
Sec. 2. (NEW) (Effective October 1, 2019) (a) Notwithstanding any 59
provision of the general statutes concerning the confidentiality of any 60
record, information and media recording relating to the Department of 61
Mental Health and Addiction Services, Connecticut Valley Hospital or 62
the Psychiatric Security Review Board, (1) any media recording of an 63
acquittee, as defined in section 17a-580 of the general statutes, at the 64
Connecticut Valley Hospital or at any other facility that is operated or 65
administered by, or under a contractual arrangement with, the 66
Department of Mental Health and Addiction Services or the 67
Psychiatric Security Review Board shall be disclosable to the counsel 68
for the acquittee with the acquittee's consent, and (2) any record 69 Raised Bill No. 1055
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maintained by said department, hospital or board concerning the 70
acquittee shall be disclosable to the counsel for the acquittee with the 71
acquittee's consent. 72
(b) As used in this section, "media recording", includes, but is not 73
limited to, a still or electronically stored photograph, a security camera 74
video, a compact disc, a digital video disc, a flash drive recording, a 75
cell phone audio or video recording, an audio or a video recording that 76
is stored on a mobile electronic device, and any other electronic media 77
form, whether stored locally or remotely. 78
Sec. 3. Section 53a-40 of the general statutes is repealed and the 79
following is substituted in lieu thereof (Effective October 1, 2019): 80
(a) A persistent dangerous felony offender is a person who: 81
(1) (A) Stands convicted of manslaughter, arson, kidnapping, 82
robbery in the first or second degree, assault in the first degree, home 83
invasion, burglary in the first degree or burglary in the second degree 84
with a firearm, and (B) has been, prior to the commission of the present 85
crime, convicted of and imprisoned under a sentence to a term of 86
imprisonment of more than one year or of death, in this state or in any 87
other state or in a federal correctional institution, for any of the 88
following crimes: (i) The crimes enumerated in subparagraph (A) of 89
this subdivision or an attempt to commit any of said crimes; or (ii) 90
murder, sexual assault in the first or third degree, aggravated sexual 91
assault in the first degree or sexual assault in the third degree with a 92
firearm, or an attempt to commit any of said crimes; or (iii) prior to 93
October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 94
or 53a-78 of the general statutes, revision of 1958, revised to 1975, or 95
prior to October 1, 1971, in this state, assault with intent to kill under 96
section 54-117, or any of the crimes enumerated in sections 53-9, 53-10, 97
53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, 98
inclusive, 53-82, 53-83, 53-86, 53-238 and 53-239 of the general statutes, 99
revision of 1958, revised to 1968, or any predecessor statutes in this 100
state, or an attempt to commit any of said crimes; or (iv) in any other 101 Raised Bill No. 1055
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state, any crimes the essential elements of which are substantially the 102
same as any of the crimes enumerated in subparagraph (A) of this 103
subdivision or this subparagraph; or 104
(2) (A) Stands convicted of sexual assault in the first or third degree, 105
aggravated sexual assault in the first degree or sexual assault in the 106
third degree with a firearm, and (B) has been, prior to the commission 107
of the present crime, convicted of and imprisoned under a sentence to 108
a term of imprisonment of more than one year or of death, in this state 109
or in any other state or in a federal correctional institution, for any of 110
the following crimes: (i) Murder, manslaughter, arson, kidnapping, 111
robbery in the first or second degree, assault in the first degree, home 112
invasion, burglary in the first degree or burglary in the second degree 113
with a firearm, or an attempt to commit any of said crimes; or (ii) prior 114
to October 1, 1971, in this state, assault with intent to kill under section 115
54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 116
53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 117
53-82, 53-83 and 53-86 of the general statutes, revision of 1958, revised 118
to 1968, or any predecessor statutes in this state, or an attempt to 119
commit any of said crimes; or (iii) in any other state, any crimes the 120
essential elements of which are substantially the same as any of the 121
crimes enumerated in subparagraph (A) of this subdivision or this 122
subparagraph. 123
(b) A persistent dangerous sexual offender is a person who (1) 124
stands convicted of sexual assault in the first or third degree, 125
aggravated sexual assault in the first degree or sexual assault in the 126
third degree with a firearm, and (2) has been, prior to the commission 127
of the present crime, convicted of and imprisoned under a sentence to 128
a term of imprisonment of more than one year, in this state or in any 129
other state or in a federal correctional institution, for (A) any of the 130
crimes enumerated in subdivision (1) of this subsection, or (B) prior to 131
October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 132
or 53a-78 of the general statutes, revision of 1958, revised to 1975, or 133
prior to October 1, 1971, in this state, any of the crimes enumerated in 134
section 53-238 or 53-239 of the general statutes, revision of 1958, 135 Raised Bill No. 1055
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revised to 1968, or any predecessor statutes in this state, or an attempt 136
to commit any of said crimes, or (C) in any other state, any crimes the 137
essential elements of which are substantially the same as any of the 138
crimes enumerated in subdivision (1) of this subsection or this 139
subdivision. 140
(c) A persistent serious felony offender is a person who (1) stands 141
convicted of a felony, and (2) has been, prior to the commission of the 142
present felony, convicted of and imprisoned under an imposed term of 143
more than one year or of death, in this state or in any other state or in a 144
federal correctional institution, for a crime. This subsection shall not 145
apply where the present conviction is for a crime enumerated in 146
subdivision (1) of subsection (a) of this section and the prior conviction 147
was for a crime other than those enumerated in subsection (a) of this 148
section. 149
(d) A persistent serious sexual offender is a person, other than a 150
person who qualifies as a persistent dangerous sexual offender under 151
subsection (b) of this section, who qualifies as a persistent serious 152
felony offender under subsection (c) of this section and the felony of 153
which such person presently stands convicted is a violation of 154
subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-155
70a, 53a-70b, 53a-71, 53a-72a or 53a-72b and the prior conviction is for 156
a violation of section 53-21 of the general statutes, revised to January 1, 157
1995, involving sexual contact, committed prior to October 1, 1995, a 158
violation of subdivision (2) of section 53-21 of the general statutes, 159
committed on or after October 1, 1995, and prior to October 1, 2000, a 160
violation of subdivision (2) of subsection (a) of section 53-21 or a 161
violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b. 162
(e) A persistent larceny offender is a person who (1) stands 163
convicted of larceny in the third degree in violation of the provisions of 164
section 53a-124 in effect prior to October 1, 1982, or larceny in the 165
fourth, fifth or sixth degree, and (2) has been, at separate times, [prior 166
to the commission of the present larceny,] twice convicted of the crime 167
of larceny for violations committed during the ten years prior to the 168 Raised Bill No. 1055
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commission of the present larceny. 169
(f) A persistent offender for possession of a controlled substance is a 170
person who (1) stands convicted of possession of a controlled 171
substance in violation of the provisions of section 21a-279, and (2) has 172
been, at separate times prior to the commission of the present 173
possession of a controlled substance, twice convicted of the crime of 174
possession of a controlled substance. 175
(g) A persistent felony offender is a person who (1) stands convicted 176
of a felony other than a class D felony, and (2) has been, at separate 177
times prior to the commission of the present felony, twice convicted of 178
a felony other than a class D felony. 179
(h) It shall be an affirmative defense to the charge of being a 180
persistent offender under this section that (1) as to any prior conviction 181
on which the state is relying the defendant was pardoned on the 182
ground of innocence, and (2) without such conviction, the defendant 183
was not two or more times convicted and imprisoned as required by 184
this section. 185
(i) When any person has been found to be a persistent dangerous 186
felony offender, the court, in lieu of imposing the sentence of 187
imprisonment authorized by the general statutes for the crime of 188
which such person presently stands convicted, shall (1) sentence such 189
person to a term of imprisonment that is not (A) less than twice the 190
minimum term of imprisonment authorized for such crime or (B) more 191
than twice the maximum term of imprisonment authorized for such 192
crime or forty years, whichever is greater, provided, if a mandatory 193
minimum term of imprisonment is authorized for such crime, such 194
sentence shall include a mandatory minimum term of imprisonment 195
that is twice such authorized mandatory minimum term of 196
imprisonment, and (2) if such person has, at separate times prior to the 197
commission of the present crime, been twice convicted of and 198
imprisoned for any of the crimes enumerated in subsection (a) of this 199
section, sentence such person to a term of imprisonment that is not less 200 Raised Bill No. 1055
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than three times the minimum term of imprisonment authorized for 201
such crime or more than life, provided, if a mandatory minimum term 202
of imprisonment is authorized for such crime, such sentence shall 203
include a mandatory minimum term of imprisonment that is three 204
times such authorized mandatory minimum term of imprisonment. 205
(j) When any person has been found to be a persistent dangerous 206
sexual offender, the court, in lieu of imposing the sentence of 207
imprisonment authorized by section 53a-35a for the crime of which 208
such person presently stands convicted, shall sentence such person to a 209
term of imprisonment and a period of special parole pursuant to 210
subsection (b) of section 53a-28 which together constitute a sentence of 211
imprisonment for life, as defined in section 53a-35b. 212
(k) When any person has been found to be a persistent serious 213
felony offender, the court in lieu of imposing the sentence of 214
imprisonment authorized by section 53a-35 for the crime of which such 215
person presently stands convicted, or authorized by section 53a-35a if 216
the crime of which such person presently stands convicted was 217
committed on or after July 1, 1981, may impose the sentence of 218
imprisonment authorized by said section for the next more serious 219
degree of felony. 220
(l) When any person has been found to be a persistent serious sexual 221
offender, the court, in lieu of imposing the sentence of imprisonment 222
authorized by section 53a-35a for the crime of which such person 223
presently stands convicted, may impose a sentence of imprisonment 224
and a period of special parole pursuant to subsection (b) of section 53a-225
28 which together constitute the maximum sentence specified by 226
section 53a-35a for the next more serious degree of felony. 227
(m) [When] (1) Except as provided in subdivision (2) of this 228
subsection, when any person has been found to be a persistent larceny 229
offender, the court, in lieu of imposing the sentence authorized by 230
section 53a-36 for the crime of which such person presently stands 231
convicted, may impose the sentence of imprisonment for a class D 232 Raised Bill No. 1055
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felony authorized by section 53a-35, if the crime of which such person 233
presently stands convicted was committed prior to July 1, 1981, or 234
authorized by section 53a-35a, if the crime of which such person 235
presently stands convicted was committed on or after July 1, 1981, but 236
prior to October 1, 2019. 237
(2) Except as provided in subdivision (1) of this subsection, when 238
any person has been found to be a persistent larceny offender, the 239
court, in lieu of imposing the sentence authorized by section 53a-36 for 240
the crime of which such person presently stands convicted for a 241
violation committed on or after October 1, 2019, may impose the 242
sentence of (A) imprisonment for a class E felony authorized by section 243
53a-35a, if such person presently stands convicted of a violation of 244
section 53a-125, or (B) imprisonment authorized by section 53a-36 for 245
the next more serious degree of misdemeanor authorized under 246
section 53a-36 if such person presently stands convicted of a violation 247
of section 53a-125a or 53a-125b. 248
(n) When any person has been found to be a persistent offender for 249
possession of a controlled substance, the court, in lieu of imposing the 250
sentence authorized by section 53a-36 for the crime of which such 251
person presently stands convicted, may impose the sentence of 252
imprisonment for a class E felony authorized by section 53a-35a. 253
(o) When any person has been found to be a persistent felony 254
offender, the court, in lieu of imposing the sentence authorized by 255
section 53a-35a for the crime of which such person presently stands 256
convicted, may impose the sentence of imprisonment authorized by 257
said section for the next more serious degree of felony; provided the 258
sentence imposed may not be less than three years, and provided 259
further three years of the sentence so imposed may not be suspended 260
or reduced by the court. 261
(p) (1) Whenever a person is arrested for any of the crimes 262
enumerated in subsection (a) of this section, the prosecuting authority 263
shall investigate and ascertain whether such person has, at separate 264 Raised Bill No. 1055
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times prior to the commission of the present crime, been twice 265
convicted of and imprisoned for any of the crimes enumerated in said 266
subsection (a) and would be eligible to be sentenced under subsection 267
(i) of this section if convicted of such crime. 268
(2) If the prosecuting authority ascertains that such person has, at 269
separate times prior to the commission of the present crime, been twice 270
convicted of and imprisoned for any of the crimes enumerated in 271
subsection (a) of this section and such person has been presented to a 272
geographical area courthouse, the prosecuting authority shall cause 273
such person to be transferred to a judicial district courthouse. This 274
subdivision shall not apply to any person charged with larceny in the 275
third, fourth, fifth or sixth degree for the present crime committed on 276
or after October 1, 2019. 277
(3) No court shall accept a plea of guilty, not guilty or nolo 278
contendere from a person arrested for any of the crimes enumerated in 279
subsection (a) of this section unless it finds that the prosecuting 280
authority has complied with the requirements of subdivision (1) of this 281
subsection. 282
(4) If the prosecuting authority ascertains that such person has, at 283
separate times prior to the commission of the present crime, been twice 284
convicted of and imprisoned for any of the crimes enumerated in 285
subsection (a) of this section but decides not to initiate proceedings to 286
seek the sentence enhancement provided by subsection (i) of this 287
section, the prosecuting authority shall state for the record the specific 288
reason or reasons for not initiating such proceedings. 289
(5) If the prosecuting authority ascertains that such person has, at 290
separate times prior to the commission of the present crime, been twice 291
convicted of and imprisoned for any of the crimes enumerated in 292
subsection (a) of this section and initiates proceedings to seek the 293
sentence enhancement provided by subsection (i) of this section, but 294
subsequently decides to terminate such proceedings, the prosecuting 295
authority shall state for the record the specific reason or reasons for 296 Raised Bill No. 1055
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terminating such proceedings. 297
Sec. 4. Subsection (c) of section 54-64a of the general statutes is 298
repealed and the following is substituted in lieu thereof (Effective 299
October 1, 2019): 300
(c) If the court determines that a nonfinancial condition of release 301
should be imposed pursuant to subparagraph (B) of subdivision (1) of 302
subsection (a) or (b) of this section, the court shall order the pretrial 303
release of the person subject to the least restrictive condition or 304
combination of conditions that the court determines will reasonably 305
ensure the appearance of the arrested person in court and, with respect 306
to the release of the person pursuant to subsection (b) of this section, 307
that the safety of any other person will not be endangered, which 308
conditions may include an order that the arrested person do one or 309
more of the following: (1) Remain under the supervision of a 310
designated person or organization; (2) comply with specified 311
restrictions on such person's travel, association or place of abode; (3) 312
not engage in specified activities, including the use or possession of a 313
dangerous weapon; [, an intoxicant or a controlled substance;] (4) 314
provide sureties of the peace pursuant to section 54-56f under 315
supervision of a designated bail commissioner or intake, assessment 316
and referral specialist employed by the Judicial Branch; (5) avoid all 317
contact with an alleged victim of the crime and with a potential 318
witness who may testify concerning the offense; (6) maintain 319
employment or, if unemployed, actively seek employment; (7) 320
maintain or commence an educational program; (8) be subject to 321
electronic monitoring; or (9) satisfy any other condition that is 322
reasonably necessary to ensure the appearance of the person in court 323
and that the safety of any other person will not be endangered. The 324
court shall state on the record its reasons for imposing any such 325
nonfinancial condition. 326
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section Raised Bill No. 1055
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Sec. 2 October 1, 2019 New section
Sec. 3 October 1, 2019 53a-40
Sec. 4 October 1, 2019 54-64a(c)
Statement of Purpose:
To: (1) Establish a task force to study the juror selection process, (2)
provide access to certain records, information and media recordings in
the possession of the Department of Mental Health and Addiction
Services, Connecticut Valley Hospital or the Psychiatric Security
Review Board, (3) modify sentence enhancements for persistent
larceny offenders, and (4) modify nonfinancial conditions of release
that a court may impose in the case of a bailable offense.
[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.]