Connecticut 2019 Regular Session

Connecticut Senate Bill SB01115 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO 6540 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01115-R01-
	4	+	SB.docx
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	7	+	General Assembly Raised Bill No. 1115
	8	+	January Session, 2019
	9	+	LCO No. 6540
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	11	+
	12	+	Referred to Committee on JUDICIARY
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	14	+
	15	+	Introduced by:
	16	+	(JUD)
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3	19
4		-	Senate Bill No. 1115
5		-
6		-	Public Act No. 19-23
7		-
8		-
9		-	AN ACT CONCERNING AM ENDMENTS TO THE TRUS T ACT.
	20	+	AN ACT CONCERNING A STUDY O F THE STATE'S CIVIL LAWS.
10	21		Be it enacted by the Senate and House of Representatives in General
11	22		Assembly convened:
12	23
13		-	Section 1. Subdivisions (9) and (10) of subsection (a) of section 54-
14		-	192h of the general statutes, as amended by section 1 of public act 19-
15		-	20, are repealed and the following is substituted in lieu thereof
16		-	(Effective October 1, 2019):
17		-	(9) "Law enforcement officer" means:
18		-	(A) Each officer, employee or other person otherwise paid by or
19		-	acting as an agent of the Department of Correction;
20		-	(B) Each officer, employee or other person otherwise paid by or
21		-	acting as an agent of a municipal police department;
22		-	(C) Each officer, employee or other person otherwise paid by or
23		-	acting as an agent of the Division of State Police within the
24		-	Department of Emergency Services and Public Protection; and
25		-	(D) Each judicial marshal, state marshal [, bail commissioner] and
26		-	adult probation officer; [and]
27		-	(10) "Bail commissioner or intake, assessment or referral specialist" Senate Bill No. 1115
	24	+	Section 1. (Effective from passage) There is established a working 1
	25	+	group to study the state's civil laws as set forth in title 52 of the general 2
	26	+	statutes. The working group shall receive, consider and prepare 3
	27	+	comments and recommendations on proposed changes to such civil 4
	28	+	laws. The working group shall consist of the following members who 5
	29	+	have familiarity with the provisions set forth in title 52 of the general 6
	30	+	statutes: (1) One appointed by the speaker of the House of 7
	31	+	Representatives; (2) one appointed by the president pro tempore of the 8
	32	+	Senate; (3) one appointed by the majority leader of the House of 9
	33	+	Representatives; (4) one appointed by the majority leader of the Senate; 10
	34	+	(5) one appointed by the minority leader of the House of 11
	35	+	Representatives; and (6) one appointed by the minority leader of the 12
	36	+	Senate. Not later than February 1, 2020, the working group shall report 13
	37	+	on its findings and recommendations to the joint standing committee 14
	38	+	of the General Assembly having cognizance of matters relating to the 15
	39	+	judiciary. The working group shall terminate on the date that it 16
	40	+	submits such report or February 1, 2020, whichever is later. 17 Raised Bill No. 1115
28	41
29		-	Public Act No. 19-23 2 of 4
30	42
31		-	means an employee of the Judicial Branch whose duties are described
32		-	in section 54-63d; and
33		-	[(10)] (11) "School police or security department" means any police
34		-	or security department of (A) the constituent units of the state system
35		-	of higher education, as defined in section 10a-1, (B) a public school, or
36		-	(C) a local or regional school district.
37		-	Sec. 2. Subsections (b) and (c) of section 54-192h of the general
38		-	statutes, as amended by section 1 of of public act 19-20, are repealed
39		-	and the following is substituted in lieu thereof (Effective October 1,
40		-	2019):
41		-	(b) (1) No law enforcement officer, bail commissioner or intake,
42		-	assessment or referral specialist, or employee of a school police or
43		-	security department shall:
44		-	(A) Arrest or detain an individual pursuant to a civil immigration
45		-	detainer unless (i) the detainer is accompanied by a warrant issued or
46		-	signed by a judicial officer, (ii) the individual has been convicted of a
47		-	class A or B felony offense, or (iii) the individual is identified as a
48		-	possible match in the federal Terrorist Screening Database or similar
49		-	database;
50		-	(B) Expend or use time, money, facilities, property, equipment,
51		-	personnel or other resources to communicate with a federal
52		-	immigration authority regarding the custody status or release of an
53		-	individual targeted by a civil immigration detainer, except as provided
54		-	in subsection (e) of this section;
55		-	(C) Arrest or detain an individual based on an administrative
56		-	warrant;
57		-	(D) Give a federal immigration authority access to interview an
58		-	individual who is in the custody of a law enforcement agency unless Senate Bill No. 1115
	43	+	LCO 6540 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01115-
	44	+	R01-SB.docx }
	45	+	2 of 2
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60		-	Public Act No. 19-23 3 of 4
	47	+	This act shall take effect as follows and shall amend the following
	48	+	sections:
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62		-	the individual (i) has been convicted of a class A or B felony offense,
63		-	(ii) is identified as a possible match in the federal Terrorist Screening
64		-	Database or similar database, or (iii) is the subject of a court order
65		-	issued under 8 USC 1225(d)(4)(B); or
66		-	(E) Perform any function of a federal immigration authority,
67		-	whether pursuant to 8 USC 1357(g) or any other law, regulation,
68		-	agreement, contract or policy, whether formal or informal.
69		-	(2) The provisions of this subsection shall not prohibit submission
70		-	by a law enforcement officer of fingerprints to the Automated
71		-	Fingerprints Identification system of an arrested individual or the
72		-	accessing of information from the National Crime Information Center
73		-	by a law enforcement officer concerning an arrested individual.
74		-	(c) Prior to responding to a request for notification of [an
75		-	individual's] the release date and time from custody of a law
76		-	enforcement agency of an individual suspected of violating a federal
77		-	immigration law or who has been issued a final order of removal, the
78		-	law enforcement officer shall forward the request to the head of the
79		-	law enforcement agency for review.
80		-	Sec. 3. Subsection (e) of section 54-192h of the general statutes, as
81		-	amended by section 1 of of public act 19-20, is repealed and the
82		-	following is substituted in lieu thereof (Effective October 1, 2019):
83		-	(e) (1) Upon receiving a civil immigration detainer, a law
84		-	enforcement agency shall provide a copy of the detainer to the affected
85		-	individual who is the subject of the detainer and inform the individual
86		-	whether the law enforcement agency intends to comply with the
87		-	detainer. If a law enforcement agency provides ICE with notification
88		-	that an individual is being, or will be released on a certain date, the
89		-	law enforcement agency shall promptly provide to the individual and
90		-	to the individual's attorney or shall make a good faith effort to contact Senate Bill No. 1115
	50	+	Section 1 from passage New section
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92		-	Public Act No. 19-23 4 of 4
93		-
94		-	one other individual who the individual may designate, a copy of such
95		-	notification as well as the reason, in writing, that such law enforcement
96		-	agency is complying with the detainer.
97		-	(2) All records relating to ICE access maintained by law enforcement
98		-	agencies shall be deemed public records under the Freedom of
99		-	Information Act, as defined in section 1-200. Records relating to ICE
100		-	access include, but are not limited to, data maintained by the law
101		-	enforcement agency regarding the number and demographic data of
102		-	individuals to whom the agency has provided ICE access, the date ICE
103		-	access was provided to an individual, the type of ICE access provided
104		-	to an individual, the amount of resources expended on providing ICE
105		-	access and any communication between the law enforcement agency
106		-	and any federal immigration authority. No provision of this section
107		-	shall be construed to require disclosure of any record exempt from
108		-	disclosure under section 1-210 or 1-215.
109		-	(3) Beginning January 1, 2020, the legislative body of any
110		-	municipality with a law enforcement agency that has provided ICE
111		-	access to an individual during the prior [month] six months shall
112		-	provide to the Office of Policy and Management, on an ongoing
113		-	[monthly] basis every six months, data regarding the number and
114		-	demographic data of individuals to whom the law enforcement agency
115		-	has provided ICE access, the date ICE access was provided to an
116		-	individual and whether the ICE access was provided as part of
117		-	compliance with a civil immigration detainer or through other means.
118		-	Data may be provided in the form of statistics or, if statistics are not
119		-	maintained, as individual records, provided personally identifiable
120		-	information is redacted.
	52	+	JUD Joint Favorable
121	53