Substitute Senate Bill No. 1055
Public Act No. 19-151
AN ACT ESTABLISHING A TASK FORCE TO STUD Y THE JUROR
SELECTION PROCESS, P ROVIDING ACCESS TO C ERTAIN
RECORDS POSSESSED BY THE DEPARTMENT OF MENTAL
HEALTH AND ADDICTION SERVICES, CONNECTICU T VALLEY
HOSPITAL AND THE PSY CHIATRIC SECURITY RE VIEW BOARD,
AND CONCERNING SENTE NCING OF PERSISTENT LARCENY
OFFENDERS AND CONFID ENTIALITY UPON APPLICATION TO A
DIVERSIONARY PROGRAM .
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
to study jury selection in the state to determine whether processes
currently in place result in a fair cross-section of the community being
summoned for jury duty and whether a fair cross-section of the
community appear for jury service. In connection with such study, the
task force may (1) collect statistics and conduct data analysis of jurors
appearing for jury service, (2) review juror selection processes and
procedures utilized in other jurisdictions, and (3) conduct research that
is consistent with the objectives of the study. Such study shall be
undertaken with the objective of ensuring that the state's juror
selection processes encompass a full and fair representation of the
community at large.
(b) The task force shall consist of the following members: Substitute Senate Bill No. 1055
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(1) The Chief Court Administrator, or the Chief Court
Administrator's designee;
(2) The Chief State's Attorney, or the Chief State's Attorney's
designee;
(3) The Chief Public Defender, or the Chief Public Defender's
designee;
(4) The Attorney General, or the Attorney General's designee;
(5) The Jury Administrator, or the Jury Administrator's designee;
(6) The president of the Connecticut Bar Association, or the
president's designee;
(7) The president of the South Asian Bar Association of Connecticut,
or the president's designee;
(8) The president of the George W. Crawford Black Bar Association,
or the president's designee;
(9) The president of the Connecticut Hispanic Bar Association, or
the president's designee;
(10) The president of the Connecticut Asian Pacific American Bar
Association, or the president's designee;
(11) The president of the Portuguese Bar Association of Connecticut,
or the president's designee;
(12) The president of the Connecticut Italian-American Bar
Association, or the president's designee; and
(13) The deans of The University of Connecticut School of Law,
Quinnipiac University School of Law and Yale Law School, or their
respective designees. Substitute Senate Bill No. 1055
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(c) All appointments to the task force shall be made not later than
thirty days after the effective date of this section. Any vacancy shall be
filled by the appointing authority.
(d) The Chief Court Administrator shall select the chairpersons of
the task force from among the members of the task force. Such
chairpersons shall schedule the first meeting of the task force, which
shall be held not later than sixty days after the effective date of this
section.
(e) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to the
judiciary shall serve as administrative staff of the task force.
(f) Not later than July 1, 2020, the task force shall report on its
findings and recommendations to the joint standing committee of the
General Assembly having cognizance of matters relating to the
judiciary and to the Chief Court Administrator, in accordance with the
provisions of section 11-4a of the general statutes. Such
recommendations may include statutory revisions that would enhance
the representativeness of the juror array. The task force shall terminate
on the date that it submits such report or July 1, 2020, whichever is
later.
Sec. 2. (NEW) (Effective from passage) (a) Any image or recording of
an acquittee, who is under the jurisdiction of the Psychiatric Security
Review Board, that is recorded within or on the property of any
inpatient facility of the Department of Mental Health and Addiction
Services where the acquittee receives treatment, shall be reviewable by
counsel representing the acquittee in any matter before the Psychiatric
Security Review Board or the Superior Court related to the jurisdiction
of the Psychiatric Security Review Board upon written request made to
the director of such facility. The director of such facility shall permit
such review to occur not later than thirty days after the date of receipt Substitute Senate Bill No. 1055
Public Act No. 19-151 4 of 14
of the written request, provided (1) the acquittee consents to such
review; (2) any other identifiable patient in the image or recording
consents to such review; (3) such review shall be conducted in
accordance with the provisions of subsection (d) of section 17a-596 of
the general statutes; and (4) the image or recording for which review is
sought is not the subject of a pending criminal investigation by state or
local law enforcement officials, including any agency police of the
Department of Mental Health and Addiction Services, for which there
exists a record of such investigation or a pending criminal prosecution.
The Department of Mental Health and Addiction Services, when
permitting such review, shall adhere to all other provisions of the
general statutes and federal law or regulation concerning the
confidentiality of records and protected health information of
psychiatric patients. As used in this section, "image or recording"
includes, but is not limited to, a still or electronically stored
photograph and any video or audio recording stored on any device.
(b) Notwithstanding the provisions of subsection (a) of this section,
any such image or recording shall remain the property of the
Department of Mental Health and Addiction Services and shall be
utilized and maintained in compliance with all applicable state and
federal laws and regulations.
Sec. 3. Section 53a-40 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) A persistent dangerous felony offender is a person who:
(1) (A) Stands convicted of manslaughter, arson, kidnapping,
robbery in the first or second degree, assault in the first degree, home
invasion, burglary in the first degree or burglary in the second degree
with a firearm, and (B) has been, prior to the commission of the present
crime, convicted of and imprisoned under a sentence to a term of
imprisonment of more than one year or of death, in this state or in any Substitute Senate Bill No. 1055
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other state or in a federal correctional institution, for any of the
following crimes: (i) The crimes enumerated in subparagraph (A) of
this subdivision or an attempt to commit any of said crimes; or (ii)
murder, sexual assault in the first or third degree, aggravated sexual
assault in the first degree or sexual assault in the third degree with a
firearm, or an attempt to commit any of said crimes; or (iii) prior to
October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75
or 53a-78 of the general statutes, revision of 1958, revised to 1975, or
prior to October 1, 1971, in this state, assault with intent to kill under
section 54-117, or any of the crimes enumerated in sections 53-9, 53-10,
53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80,
inclusive, 53-82, 53-83, 53-86, 53-238 and 53-239 of the general statutes,
revision of 1958, revised to 1968, or any predecessor statutes in this
state, or an attempt to commit any of said crimes; or (iv) in any other
state, any crimes the essential elements of which are substantially the
same as any of the crimes enumerated in subparagraph (A) of this
subdivision or this subparagraph; or
(2) (A) Stands convicted of sexual assault in the first or third degree,
aggravated sexual assault in the first degree or sexual assault in the
third degree with a firearm, and (B) has been, prior to the commission
of the present crime, convicted of and imprisoned under a sentence to
a term of imprisonment of more than one year or of death, in this state
or in any other state or in a federal correctional institution, for any of
the following crimes: (i) Murder, manslaughter, arson, kidnapping,
robbery in the first or second degree, assault in the first degree, home
invasion, burglary in the first degree or burglary in the second degree
with a firearm, or an attempt to commit any of said crimes; or (ii) prior
to October 1, 1971, in this state, assault with intent to kill under section
54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11,
53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive,
53-82, 53-83 and 53-86 of the general statutes, revision of 1958, revised
to 1968, or any predecessor statutes in this state, or an attempt to Substitute Senate Bill No. 1055
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commit any of said crimes; or (iii) in any other state, any crimes the
essential elements of which are substantially the same as any of the
crimes enumerated in subparagraph (A) of this subdivision or this
subparagraph.
(b) A persistent dangerous sexual offender is a person who (1)
stands convicted of sexual assault in the first or third degree,
aggravated sexual assault in the first degree or sexual assault in the
third degree with a firearm, and (2) has been, prior to the commission
of the present crime, convicted of and imprisoned under a sentence to
a term of imprisonment of more than one year, in this state or in any
other state or in a federal correctional institution, for (A) any of the
crimes enumerated in subdivision (1) of this subsection, or (B) prior to
October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75
or 53a-78 of the general statutes, revision of 1958, revised to 1975, or
prior to October 1, 1971, in this state, any of the crimes enumerated in
section 53-238 or 53-239 of the general statutes, revision of 1958,
revised to 1968, or any predecessor statutes in this state, or an attempt
to commit any of said crimes, or (C) in any other state, any crimes the
essential elements of which are substantially the same as any of the
crimes enumerated in subdivision (1) of this subsection or this
subdivision.
(c) A persistent serious felony offender is a person who (1) stands
convicted of a felony, and (2) has been, prior to the commission of the
present felony, convicted of and imprisoned under an imposed term of
more than one year or of death, in this state or in any other state or in a
federal correctional institution, for a crime. This subsection shall not
apply where the present conviction is for a crime enumerated in
subdivision (1) of subsection (a) of this section and the prior conviction
was for a crime other than those enumerated in subsection (a) of this
section.
(d) A persistent serious sexual offender is a person, other than a Substitute Senate Bill No. 1055
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person who qualifies as a persistent dangerous sexual offender under
subsection (b) of this section, who qualifies as a persistent serious
felony offender under subsection (c) of this section and the felony of
which such person presently stands convicted is a violation of
subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-
70a, 53a-70b, 53a-71, 53a-72a or 53a-72b and the prior conviction is for
a violation of section 53-21 of the general statutes, revised to January 1,
1995, involving sexual contact, committed prior to October 1, 1995, a
violation of subdivision (2) of section 53-21 of the general statutes,
committed on or after October 1, 1995, and prior to October 1, 2000, a
violation of subdivision (2) of subsection (a) of section 53-21 or a
violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.
(e) A persistent larceny offender is a person who (1) stands
convicted of larceny in the third degree in violation of the provisions of
section 53a-124 in effect prior to October 1, 1982, or larceny in the
fourth, fifth or sixth degree, and (2) has been, at separate times, [prior
to the commission of the present larceny,] twice convicted of the crime
of larceny for violations committed during the ten years prior to the
commission of the present larceny.
(f) A persistent offender for possession of a controlled substance is a
person who (1) stands convicted of possession of a controlled
substance in violation of the provisions of section 21a-279, and (2) has
been, at separate times prior to the commission of the present
possession of a controlled substance, twice convicted of the crime of
possession of a controlled substance.
(g) A persistent felony offender is a person who (1) stands convicted
of a felony other than a class D felony, and (2) has been, at separate
times prior to the commission of the present felony, twice convicted of
a felony other than a class D felony.
(h) It shall be an affirmative defense to the charge of being a Substitute Senate Bill No. 1055
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persistent offender under this section that (1) as to any prior conviction
on which the state is relying the defendant was pardoned on the
ground of innocence, and (2) without such conviction, the defendant
was not two or more times convicted and imprisoned as required by
this section.
(i) When any person has been found to be a persistent dangerous
felony offender, the court, in lieu of imposing the sentence of
imprisonment authorized by the general statutes for the crime of
which such person presently stands convicted, shall (1) sentence such
person to a term of imprisonment that is not (A) less than twice the
minimum term of imprisonment authorized for such crime, or (B)
more than twice the maximum term of imprisonment authorized for
such crime or forty years, whichever is greater, provided, if a
mandatory minimum term of imprisonment is authorized for such
crime, such sentence shall include a mandatory minimum term of
imprisonment that is twice such authorized mandatory minimum term
of imprisonment, and (2) if such person has, at separate times prior to
the commission of the present crime, been twice convicted of and
imprisoned for any of the crimes enumerated in subsection (a) of this
section, sentence such person to a term of imprisonment that is not less
than three times the minimum term of imprisonment authorized for
such crime or more than life, provided, if a mandatory minimum term
of imprisonment is authorized for such crime, such sentence shall
include a mandatory minimum term of imprisonment that is three
times such authorized mandatory minimum term of imprisonment.
(j) When any person has been found to be a persistent dangerous
sexual offender, the court, in lieu of imposing the sentence of
imprisonment authorized by section 53a-35a for the crime of which
such person presently stands convicted, shall sentence such person to a
term of imprisonment and a period of special parole pursuant to
subsection (b) of section 53a-28 which together constitute a sentence of Substitute Senate Bill No. 1055
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imprisonment for life, as defined in section 53a-35b.
(k) When any person has been found to be a persistent serious
felony offender, the court in lieu of imposing the sentence of
imprisonment authorized by section 53a-35 for the crime of which such
person presently stands convicted, or authorized by section 53a-35a if
the crime of which such person presently stands convicted was
committed on or after July 1, 1981, may impose the sentence of
imprisonment authorized by said section for the next more serious
degree of felony.
(l) When any person has been found to be a persistent serious sexual
offender, the court, in lieu of imposing the sentence of imprisonment
authorized by section 53a-35a for the crime of which such person
presently stands convicted, may impose a sentence of imprisonment
and a period of special parole pursuant to subsection (b) of section 53a-
28 which together constitute the maximum sentence specified by
section 53a-35a for the next more serious degree of felony.
(m) (1) When any person has been found to be a persistent larceny
offender, the court, in lieu of imposing the sentence authorized by
section 53a-36 for the crime of which such person presently stands
convicted, may impose the sentence of imprisonment for a class D
felony authorized by section 53a-35, if the crime of which such person
presently stands convicted was committed prior to July 1, 1981, or
authorized by section 53a-35a, if the crime of which such person
presently stands convicted was committed on or after July 1, 1981, but
prior to October 1, 2019.
(2) When any person has been found to be a persistent larceny
offender, the court, in lieu of imposing the sentence authorized by
section 53a-36 for the crime of which such person presently stands
convicted for a violation committed on or after October 1, 2019, may
impose the sentence of (A) imprisonment for a class E felony Substitute Senate Bill No. 1055
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authorized by section 53a-35a, if such person presently stands
convicted of a violation of section 53a-125, or (B) imprisonment
authorized by section 53a-36 for the next more serious degree of
misdemeanor authorized under section 53a-36 if such person presently
stands convicted of a violation of section 53a-125a or 53a-125b.
(n) When any person has been found to be a persistent offender for
possession of a controlled substance, the court, in lieu of imposing the
sentence authorized by section 53a-36 for the crime of which such
person presently stands convicted, may impose the sentence of
imprisonment for a class E felony authorized by section 53a-35a.
(o) When any person has been found to be a persistent felony
offender, the court, in lieu of imposing the sentence authorized by
section 53a-35a for the crime of which such person presently stands
convicted, may impose the sentence of imprisonment authorized by
said section for the next more serious degree of felony; provided the
sentence imposed may not be less than three years, and provided
further three years of the sentence so imposed may not be suspended
or reduced by the court.
(p) (1) Whenever a person is arrested for any of the crimes
enumerated in subsection (a) of this section, the prosecuting authority
shall investigate and ascertain whether such person has, at separate
times prior to the commission of the present crime, been twice
convicted of and imprisoned for any of the crimes enumerated in said
subsection (a) and would be eligible to be sentenced under subsection
(i) of this section if convicted of such crime.
(2) If the prosecuting authority ascertains that such person has, at
separate times prior to the commission of the present crime, been twice
convicted of and imprisoned for any of the crimes enumerated in
subsection (a) of this section and such person has been presented to a
geographical area courthouse, the prosecuting authority shall cause Substitute Senate Bill No. 1055
Public Act No. 19-151 11 of 14
such person to be transferred to a judicial district courthouse.
(3) No court shall accept a plea of guilty, not guilty or nolo
contendere from a person arrested for any of the crimes enumerated in
subsection (a) of this section unless it finds that the prosecuting
authority has complied with the requirements of subdivision (1) of this
subsection.
(4) If the prosecuting authority ascertains that such person has, at
separate times prior to the commission of the present crime, been twice
convicted of and imprisoned for any of the crimes enumerated in
subsection (a) of this section but decides not to initiate proceedings to
seek the sentence enhancement provided by subsection (i) of this
section, the prosecuting authority shall state for the record the specific
reason or reasons for not initiating such proceedings.
(5) If the prosecuting authority ascertains that such person has, at
separate times prior to the commission of the present crime, been twice
convicted of and imprisoned for any of the crimes enumerated in
subsection (a) of this section and initiates proceedings to seek the
sentence enhancement provided by subsection (i) of this section, but
subsequently decides to terminate such proceedings, the prosecuting
authority shall state for the record the specific reason or reasons for
terminating such proceedings.
Sec. 4. Subsection (a) of section 54-56g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) (1) There shall be a pretrial alcohol education program for
persons charged with a violation of section 14-227a, 14-227g or 14-
227m, subdivision (1) or (2) of subsection (a) of section 14-227n or
section 15-133 or 15-140n. Upon application by any such person for
participation in such program, [and payment] the court shall, but only Substitute Senate Bill No. 1055
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as to the public, order the court file sealed, and such person shall pay
to the court [of] an application fee of one hundred dollars and a
nonrefundable evaluation fee of one hundred dollars, [the court shall,
but only as to the public, order the court file sealed, provided such
person states] and such person shall state under oath, in open court or
before any person designated by the clerk and duly authorized to
administer oaths, under penalties of perjury that: (A) If such person is
charged with a violation of section 14-227a, 14-227g or 14-227m,
subdivision (1) or (2) of subsection (a) of section 14-227n, subsection
(d) of section 15-133 or section 15-140n, such person has not had such
program invoked in such person's behalf within the preceding ten
years for a violation of section 14-227a, 14-227g or 14-227m,
subdivision (1) or (2) of subsection (a) of section 14-227n, subsection
(d) of section 15-133 or section 15-140n, (B) such person has not been
convicted of a violation of section 53a-56b or 53a-60d, a violation of
subsection (a) of section 14-227a before, on or after October 1, 1981, a
violation of subdivision (1) or (2) of subsection (a) of section 14-227a on
or after October 1, 1985, a violation of section 14-227g, a violation of
section 14-227m or a violation of subdivision (1) or (2) of subsection (a)
of section 14-227n, (C) such person has not been convicted of a
violation of section 15-132a, subsection (d) of section 15-133, section 15-
140l or section 15-140n, (D) such person has not been convicted in any
other state at any time of an offense the essential elements of which are
substantially the same as section 53a-56b, 53a-60d, 15-132a, 15-140l or
15-140n, subdivision (1) or (2) of subsection (a) of section 14-227a,
section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-
227n or subsection (d) of section 15-133, and (E) notice has been given
by such person, by registered or certified mail on a form prescribed by
the Office of the Chief Court Administrator, to each victim who
sustained a serious physical injury, as defined in section 53a-3, which
was caused by such person's alleged violation, that such person has
applied to participate in the pretrial alcohol education program and
that such victim has an opportunity to be heard by the court on the Substitute Senate Bill No. 1055
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application.
(2) The court shall provide each such victim who sustained a serious
physical injury an opportunity to be heard prior to granting an
application under this section. Unless good cause is shown, a person
shall be ineligible for participation in such pretrial alcohol education
program if such person's alleged violation of section 14-227a, 14-227g
or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or
subsection (d) of section 15-133 caused the serious physical injury, as
defined in section 53a-3, of another person.
(3) The application fee imposed under this subsection shall be
credited to the Criminal Injuries Compensation Fund established
under section 54-215. The evaluation fee imposed under this
subsection shall be credited to the pretrial account established under
section 54-56k.
Sec. 5. Subsection (b) of section 54-56i of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) Upon application by any such person for participation in such
program, [and payment] the court shall, but only as to the public,
order the court file sealed, and such person shall pay to the court of an
application fee of one hundred dollars and a nonrefundable evaluation
fee of one hundred fifty dollars. [, the court shall, but only as to the
public, order the court file sealed.] A person shall be ineligible for
participation in such pretrial drug education and community service
program if such person has twice previously participated in (1) the
pretrial drug education program established under the provisions of
this section in effect prior to October 1, 2013, (2) the community service
labor program established under section 53a-39c, (3) the pretrial drug
education and community service program established under this
section, or (4) any of such programs, except that the court may allow a Substitute Senate Bill No. 1055
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person who has twice previously participated in such programs to
participate in the pretrial drug education and community service
program one additional time, for good cause shown. The evaluation
and application fee imposed under this subsection shall be credited to
the pretrial account established under section 54-56k.
Sec. 6. Subsection (a) of section 54-56j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) There shall be a school violence prevention program for students
of a public or private secondary school charged with an offense
involving the use or threatened use of physical violence in or on the
real property comprising a public or private elementary or secondary
school or at a school-sponsored activity as defined in subsection (h) of
section 10-233a. Upon application by any such person for participation
in such program, the court shall, but only as to the public, order the
court file sealed, [provided] and such person [states] shall state under
oath, in open court or before any person designated by the clerk and
duly authorized to administer oaths, under penalties of perjury that
such person has never had such system invoked in such person's
behalf and that such person has not been convicted of an offense
involving the threatened use of physical violence in or on the real
property comprising a public or private elementary or secondary
school or at a school-sponsored activity as defined in subsection (h) of
section 10-233a, and that such person has not been convicted in any
other state at any time of an offense the essential elements of which are
substantially the same as such an offense.