Connecticut 2020 Regular Session

Connecticut Senate Bill SB00403 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 2652 1 of 35
4	4
5	5	General Assembly Raised Bill No. 403
6	6	February Session, 2020
7	7	LCO No. 2652
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING TH E BOARD OF PARDONS A ND PAROLES,
20	20	ERASURE OF CRIMINAL RECORDS FOR CERTAIN MISDEMEANOR
21	21	AND FELONY OFFENSES AND PROHIBITING DISCRIMINATION
22	22	BASED ON ERASED CRIM INAL HISTORY RECORD INFORMATION.
23	23	Be it enacted by the Senate and House of Representatives in General
24	24	Assembly convened:
25	25
26	26	Section 1. Subsection (l) of section 54-124a of the 2020 supplement to 1
27	27	the general statutes is repealed and the following is substituted in lieu 2
28	28	thereof (Effective July 1, 2020): 3
29	29	(l) The chairperson and executive director shall establish: 4
30	30	(1) In consultation with the Department of Correction, a parole 5
31	31	orientation program for all parole-eligible inmates upon their transfer 6
32	32	to the custody of the Commissioner of Correction that will provide 7
33	33	general information on the laws and policies regarding parole release, 8
34	34	calculation of time-served standards, general conditions of release, 9
35	35	supervision practices, revocation and rescission policies, and 10
36	36	procedures for administrative review and panel hearings, and any other 11
37	37	information that the board deems relevant for preparing inmates for 12
38	38	parole; 13
39	39	Raised Bill No. 403
40	40
41	41
42	42
43	43	LCO No. 2652 2 of 35
44	44
45	45	(2) An incremental sanctions system for parole violations including, 14
46	46	but not limited to, reincarceration based on the type, severity and 15
47	47	frequency of the violation and specific periods of incarceration for 16
48	48	certain types of violations; [and] 17
49	49	(3) A formal training program for members of the board and parole 18
50	50	officers, to be completed annually by each member, that shall include, 19
51	51	but not be limited to, an overview of the criminal justice system, the 20
52	52	parole system including factors to be considered in granting parole, 21
53	53	victim rights and services, reentry strategies, risk assessment, case 22
54	54	management and mental health issues; [. Each member shall complete 23
55	55	such training annually.] and 24
56	56	(4) A formal training program to be completed annually by each 25
57	57	member of the board on the pardons process, including information 26
58	58	concerning collateral consequences a person with a criminal record may 27
59	59	face due to having a criminal record, such as when applying for housing 28
60	60	or employment. 29
61	61	Sec. 2. Section 54-130a of the general statutes is repealed and the 30
62	62	following is substituted in lieu thereof (Effective October 1, 2020): 31
63	63	(a) Jurisdiction over the granting of, and the authority to grant, 32
64	64	commutations of punishment or releases, conditioned or absolute, in the 33
65	65	case of any person convicted of any offense against the state and 34
66	66	commutations from the penalty of death shall be vested in the Board of 35
67	67	Pardons and Paroles. 36
68	68	(b) The board shall have authority to grant pardons, conditioned, 37
69	69	provisional or absolute, or certificates of rehabilitation for any offense 38
70	70	against the state at any time after the imposition and before or after the 39
71	71	service of any sentence. 40
72	72	(c) The board may accept an application for a pardon three years after 41
73	73	an applicant's conviction of a misdemeanor or violation and five years 42
74	74	after an applicant's conviction of a felony, except that the board, upon a 43
75	75	Raised Bill No. 403
76	76
77	77
78	78
79	79	LCO No. 2652 3 of 35
80	80
81	81	finding of extraordinary circumstances, may accept an application for a 44
82	82	pardon prior to such dates. 45
83	83	(d) Whenever the board grants an absolute pardon to any person, the 46
84	84	board shall cause notification of such pardon to be made in writing to 47
85	85	the clerk of the court in which such person was convicted, or the Office 48
86	86	of the Chief Court Administrator if such person was convicted in the 49
87	87	Court of Common Pleas, the Circuit Court, a municipal court, or a trial 50
88	88	justice court. 51
89	89	(e) Whenever the board grants a provisional pardon or a certificate of 52
90	90	rehabilitation to any person, the board shall cause notification of such 53
91	91	provisional pardon or certificate of rehabilitation to be made in writing 54
92	92	to the clerk of the court in which such person was convicted. The 55
93	93	granting of a provisional pardon or a certificate of rehabilitation does 56
94	94	not entitle such person to erasure of the record of the conviction of the 57
95	95	offense or relieve such person from disclosing the existence of such 58
96	96	conviction as may be required. 59
97	97	(f) In the case of any person convicted of a violation for which a 60
98	98	sentence to a term of imprisonment may be imposed, the board shall 61
99	99	have authority to grant a pardon, conditioned, provisional or absolute, 62
100	100	or a certificate of rehabilitation in the same manner as in the case of any 63
101	101	person convicted of an offense against the state. 64
102	102	(g) The board shall not deny any application for a pardon, unless the 65
103	103	board provides a statement in writing to the applicant of the factors 66
104	104	considered when determining whether the applicant qualified for the 67
105	105	pardon and an explanation as to which factors were not satisfied. 68
106	106	Sec. 3. Section 54-142a of the general statutes is repealed and the 69
107	107	following is substituted in lieu thereof (Effective October 1, 2021): 70
108	108	(a) Whenever in any criminal case, on or after October 1, 1969, the 71
109	109	accused, by a final judgment, is found not guilty of the charge or the 72
110	110	charge is dismissed, all police and court records and records of any 73
111	111	Raised Bill No. 403
112	112
113	113
114	114
115	115	LCO No. 2652 4 of 35
116	116
117	117	state's attorney pertaining to such charge shall be erased upon the 74
118	118	expiration of the time to file a writ of error or take an appeal, if an appeal 75
119	119	is not taken, or upon final determination of the appeal sustaining a 76
120	120	finding of not guilty or a dismissal, if an appeal is taken. Nothing in this 77
121	121	subsection shall require the erasure of any record pertaining to a charge 78
122	122	for which the defendant was found not guilty by reason of mental 79
123	123	disease or defect or guilty but not criminally responsible by reason of 80
124	124	mental disease or defect. 81
125	125	(b) Whenever in any criminal case prior to October 1, 1969, the 82
126	126	accused, by a final judgment, was found not guilty of the charge or the 83
127	127	charge was dismissed, all police and court records and records of the 84
128	128	state's or prosecuting attorney or the prosecuting grand juror pertaining 85
129	129	to such charge shall be erased by operation of law and the clerk or any 86
130	130	person charged with the retention and control of such records shall not 87
131	131	disclose to anyone their existence or any information pertaining to any 88
132	132	charge so erased; provided nothing in this subsection shall prohibit the 89
133	133	arrested person or any one of his heirs from filing a petition for erasure 90
134	134	with the court granting such not guilty judgment or dismissal, or, where 91
135	135	the matter had been before a municipal court, a trial justice, the Circuit 92
136	136	Court or the Court of Common Pleas [with the records center of the 93
137	137	Judicial Department] in the Superior Court where venue would exist for 94
138	138	criminal prosecution and thereupon all police and court records and 95
139	139	records of the state's attorney, prosecuting attorney or prosecuting 96
140	140	grand juror pertaining to such charge shall be erased. Nothing in this 97
141	141	subsection shall require the erasure of any record pertaining to a charge 98
142	142	for which the defendant was found not guilty by reason of mental 99
143	143	disease or defect. 100
144	144	(c) (1) Whenever any charge in a criminal case has been nolled in the 101
145	145	Superior Court, or in the Court of Common Pleas, if at least thirteen 102
146	146	months have elapsed since such nolle, all police and court records and 103
147	147	records of the state's or prosecuting attorney or the prosecuting grand 104
148	148	juror pertaining to such charge shall be erased, except that in cases of 105
149	149	nolles entered in the Superior Court, Court of Common Pleas, Circuit 106
150	150	Raised Bill No. 403
151	151
152	152
153	153
154	154	LCO No. 2652 5 of 35
155	155
156	156	Court, municipal court or by a justice of the peace prior to April 1, 1972, 107
157	157	such records shall be deemed erased by operation of law and the clerk 108
158	158	or the person charged with the retention and control of such records 109
159	159	shall not disclose to anyone their existence or any information 110
160	160	pertaining to any charge so erased, provided nothing in this subsection 111
161	161	shall prohibit the arrested person or any one of his heirs from filing a 112
162	162	petition to the court [or to the records center of the Judicial Department, 113
163	163	as the case may be,] to have such records erased, in which case such 114
164	164	records shall be erased. 115
165	165	(2) Whenever any charge in a criminal case has been continued at the 116
166	166	request of the prosecuting attorney, and a period of thirteen months has 117
167	167	elapsed since the granting of such continuance during which period 118
168	168	there has been no prosecution or other disposition of the matter, the 119
169	169	charge shall be nolled upon motion of the arrested person and such 120
170	170	erasure may thereafter be effected or a petition filed therefor, as the case 121
171	171	may be, as provided in this subsection for nolled cases. 122
172	172	(d) (1) Whenever prior to October 1, 1974, any person who has been 123
173	173	convicted of an offense in any court of this state has received an absolute 124
174	174	pardon for such offense, such person or any one of his heirs may, at any 125
175	175	time subsequent to such pardon, file a petition with the [superior court] 126
176	176	Superior Court at the location in which such conviction was effected, or 127
177	177	with the [superior court] Superior Court at the location having custody 128
178	178	of the records of such conviction or [with the records center of the 129
179	179	Judicial Department] if such conviction was in the Court of Common 130
180	180	Pleas, Circuit Court, municipal court or by a trial justice court, in the 131
181	181	Superior Court where venue would exist for criminal prosecution, for 132
182	182	an order of erasure, and the Superior Court [or records center of the 133
183	183	Judicial Department] shall direct all police and court records and 134
184	184	records of the state's or prosecuting attorney pertaining to such [case to] 135
185	185	offense be erased. 136
186	186	(2) Whenever such absolute pardon was received on or after October 137
187	187	1, 1974, such records shall be erased. 138
188	188	Raised Bill No. 403
189	189
190	190
191	191
192	192	LCO No. 2652 6 of 35
193	193
194	194	(e) (1) Except as provided in subdivision (4) or (7) of this subsection, 139
195	195	whenever any person has been convicted in any court of this state of a 140
196	196	classified or unclassified misdemeanor, or a class C, D or E felony or an 141
197	197	unclassified felony offense carrying a term of imprisonment of not more 142
198	198	than ten years, all police and court records and records of the state's or 143
199	199	prosecuting attorney or the prosecuting grand juror pertaining to such 144
200	200	conviction shall be erased, or in the case of a felony conviction, 145
201	201	provisionally erased under subparagraph (B) of subdivision (2) of this 146
202	202	subsection or subparagraph (B) of subdivision (3) of this subsection: (A) 147
203	203	At such time as provided in subdivision (2) of this subsection, or (B) 148
204	204	following a petition by the convicted person, as provided in subdivision 149
205	205	(3) of this subsection. 150
206	206	(2) (A) In the case of a misdemeanor offense, such records described 151
207	207	in subdivision (1) of this subsection shall be erased by operation of law 152
208	208	seven years from the date on which the convicted person's most recent 153
209	209	conviction was adjudicated. 154
210	210	(B) (i) In the case of a class C, D or E felony or an unclassified felony 155
211	211	offense carrying a term of imprisonment of not more than ten years, 156
212	212	such records described in subdivision (1) of this subsection shall be 157
213	213	provisionally erased by operation of law as provided in clause (ii) of this 158
214	214	subparagraph, twelve years from the date on which the convicted 159
215	215	person's most recent conviction was adjudicated. 160
216	216	(ii) Any records provisionally erased pursuant to this subparagraph 161
217	217	or subparagraph (B) of subdivision (3) of this subsection shall be erased 162
218	218	pursuant to this section, except that such records shall remain accessible 163
219	219	by law enforcement agencies for two years following such erasure. If the 164
220	220	convicted person is not convicted of a further offense during such two-165
221	221	year period and there are no charges pending against such person and 166
222	222	such person is not a defendant in an open criminal case in any 167
223	223	jurisdiction, all such records described in subdivision (1) of this 168
224	224	subsection shall be erased by operation of law and shall no longer be 169
225	225	accessible by law enforcement agencies. If after such two-year period, 170
226	226	Raised Bill No. 403
227	227
228	228
229	229
230	230	LCO No. 2652 7 of 35
231	231
232	232	there are charges pending against the convicted person or such person 171
233	233	is a defendant in an open criminal case in any jurisdiction, such records 172
234	234	shall remain accessible by law enforcement agencies until such time as 173
235	235	there are no charges pending against such person and such person is no 174
236	236	longer a defendant in an open criminal case in any jurisdiction. If such 175
237	237	person is convicted of an offense during such two-year period or 176
238	238	convicted of such charges or as a defendant in such criminal case, all 177
239	239	records described in subdivision (1) of this subsection shall be 178
240	240	reinstated. From the point of such reinstatement and after a period of 179
241	241	time set forth in clause (i) of this subparagraph or subparagraph (B) of 180
242	242	subdivision (3) of this subsection, such reinstated records may be erased 181
243	243	in accordance with said subparagraph, as applicable. 182
244	244	(3) (A) In the case of a misdemeanor offense, a convicted person may 183
245	245	file a petition with the Superior Court at the location in which the most 184
246	246	recent misdemeanor conviction was effected, or with the Superior Court 185
247	247	at the location having custody of the records of such conviction or if such 186
248	248	conviction was in the Court of Common Pleas, Circuit Court, municipal 187
249	249	court or by a trial justice court, in the Superior Court where venue 188
250	250	would exist for criminal prosecution, for an order of erasure, and if such 189
251	251	petition is in order and three years have elapsed from the date on which 190
252	252	the convicted person completed any sentence imposed as a result of 191
253	253	such person's most recent misdemeanor conviction, the Superior Court 192
254	254	shall issue such order of erasure and direct all records described in 193
255	255	subdivision (1) of this subsection of the state's or prosecuting attorney 194
256	256	pertaining to each such misdemeanor offense to be erased. 195
257	257	(B) In the case of a class C, D or E felony or an unclassified felony 196
258	258	offense carrying a term of imprisonment of not more than ten years, a 197
259	259	convicted person may file a petition with the Superior Court at the 198
260	260	location in which the most recent class C, D or E felony or an unclassified 199
261	261	felony conviction was effected, or with the Superior Court at the location 200
262	262	having custody of the records of such conviction or if such conviction 201
263	263	was in the Court of Common Pleas, Circuit Court, municipal court or by 202
264	264	a trial justice court, in the Superior Court where venue would exist for 203
265	265	Raised Bill No. 403
266	266
267	267
268	268
269	269	LCO No. 2652 8 of 35
270	270
271	271	criminal prosecution, for an order of erasure, and if such petition is in 204
272	272	order and five years have elapsed from the date on which the convicted 205
273	273	person completed any sentence imposed as a result of such person's 206
274	274	most recent class C, D or E felony or an unclassified felony conviction, 207
275	275	the Superior Court shall issue an order of provisional erasure and direct 208
276	276	all records described in subdivision (1) of this subsection of the state's 209
277	277	or prosecuting attorney pertaining to each such class C, D or E felony or 210
278	278	an unclassified felony offense to be provisionally erased in accordance 211
279	279	with subparagraph (B)(ii) of subdivision (2) of this subsection. 212
280	280	(4) Convictions for the following offenses shall not be eligible for 213
281	281	erasure pursuant to this subsection: 214
282	282	(A) Any family violence crime, as defined in section 46b-38a; or 215
283	283	(B) Any offense that is a nonviolent sexual offense or a sexually 216
284	284	violent offense, each as defined in section 54-250. 217
285	285	(5) Notice of the erasure shall immediately be sent to all persons, 218
286	286	agencies, officials or institutions known to have information pertaining 219
287	287	to the criminal history record information. Reasonable efforts shall be 220
288	288	made to send notice of the erasure to the individual whose records have 221
289	289	been erased not later than thirty calendar days after such erasure. 222
290	290	(6) If an individual has been convicted of an offense in any court in 223
291	291	this state and such offense has been decriminalized subsequent to the 224
292	292	date of such conviction, such conviction shall not be considered when 225
293	293	evaluating such individual's criminal history record information for the 226
294	294	purposes of this subsection. 227
295	295	(7) Erasure under this subsection shall not occur in the case of any 228
296	296	individual who has pending charges or an open criminal case in any 229
297	297	jurisdiction. 230
298	298	(8) Nothing in this subsection shall limit any other procedure for 231
299	299	erasure of criminal history record information, as defined in section 54-232
300	300	Raised Bill No. 403
301	301
302	302
303	303
304	304	LCO No. 2652 9 of 35
305	305
306	306	142g, as amended by this act, or prohibit a person from participating in 233
307	307	any such procedure, even if such person's electronically stored criminal 234
308	308	history record information has been erased pursuant to this section. 235
309	309	(f) (1) Whenever a person was convicted of one or more 236
310	310	misdemeanors committed while such person was under eighteen years 237
311	311	of age, and the offense or offenses occurred on or after January 1, 1999, 238
312	312	and before July 1, 2012, all police and court records and records of the 239
313	313	state's or prosecuting attorney shall be deemed erased by operation of 240
314	314	law. This subdivision shall not apply to a motor vehicle offense, a 241
315	315	violation under title 14 or a violation of section 51-164r. The clerk of the 242
316	316	court or any law enforcement agency having information contained in 243
317	317	such erased records shall not disclose to anyone, except the subject of 244
318	318	the record, upon submission pursuant to guidelines prescribed by the 245
319	319	Office of the Chief Court Administrator of satisfactory proof of the 246
320	320	subject's identity, information pertaining to any charge erased under 247
321	321	this subdivision and such clerk shall forward a notice of such erasure to 248
322	322	any law enforcement agency and the state's or prosecuting attorney to 249
323	323	which he or she knows information concerning the arrest has been 250
324	324	disseminated directing that all law enforcement and records of the 251
325	325	state's or prosecuting attorney pertaining to such case to be erased. 252
326	326	(2) Whenever a person was convicted of one or more misdemeanors 253
327	327	committed while such person was under eighteen years of age, and the 254
328	328	offense or offenses occurred before January 1, 1999, such person may file 255
329	329	a petition with the Superior Court at the location in which such 256
330	330	conviction was effected for an order of erasure, and the Superior Court 257
331	331	shall direct all police and court records and records of the state's or 258
332	332	prosecuting attorney pertaining to such case to be erased. 259
333	333	(3) Notwithstanding subsection (i) of this section, the provisions of 260
334	334	this subsection shall not apply in cases in which there has been 261
335	335	conviction of any charge for which erasure would not apply arising 262
336	336	from the same information as any erased conviction. 263
337	337	Raised Bill No. 403
338	338
339	339
340	340
341	341	LCO No. 2652 10 of 35
342	342
343	343	[(e)] (g) (1) The clerk of the court [or any person charged with 264
344	344	retention and control of such records in the records center of the Judicial 265
345	345	Department] or any law enforcement agency having information 266
346	346	contained in such erased records shall not disclose to anyone, except the 267
347	347	subject of the record, upon submission pursuant to guidelines 268
348	348	prescribed by the Office of the Chief Court Administrator of satisfactory 269
349	349	proof of the subject's identity, information pertaining to any charge 270
350	350	erased under any provision of this section and such clerk or person 271
351	351	charged with the retention and control of such records shall forward a 272
352	352	notice of such erasure to any law enforcement agency to which he 273
353	353	knows information concerning the arrest has been disseminated and 274
354	354	such disseminated information shall be erased from the records of such 275
355	355	law enforcement agency. Such clerk or such person, as the case may be, 276
356	356	shall provide adequate security measures to safeguard against 277
357	357	unauthorized access to or dissemination of such records or upon the 278
358	358	request of the accused cause the actual physical destruction of such 279
359	359	records, except that such clerk or such person shall not cause the actual 280
360	360	physical destruction of such records until three years have elapsed from 281
361	361	the date of the final disposition of the criminal case to which such 282
362	362	records pertain. 283
363	363	[(2) No fee shall be charged in any court with respect to any petition 284
364	364	under this section.] 285
365	365	[(3)] (2) Any person who shall have been the subject of such an 286
366	366	erasure shall be deemed to have never been arrested within the meaning 287
367	367	of the general statutes with respect to the proceedings so erased and 288
368	368	may so swear under oath. 289
369	369	[(f)] (h) Upon motion properly brought, the court or a judge of such 290
370	370	court, if such court is not in session, shall order disclosure of such 291
371	371	records (1) to a defendant in an action for false arrest arising out of the 292
372	372	proceedings so erased, or (2) to the prosecuting attorney and defense 293
373	373	counsel in connection with any perjury charges which the prosecutor 294
374	374	alleges may have arisen from the testimony elicited during the trial, or 295
375	375	Raised Bill No. 403
376	376
377	377
378	378
379	379	LCO No. 2652 11 of 35
380	380
381	381	any false statement charges, or any proceeding held pursuant to section 296
382	382	53a-40b, or (3) counsel for the petitioner and the respondent in 297
383	383	connection with any habeas corpus or other collateral civil action in 298
384	384	which evidence pertaining to a nolled or dismissed criminal charge may 299
385	385	become relevant. Such disclosure of such records is subject also to any 300
386	386	records destruction program pursuant to which the records may have 301
387	387	been destroyed. The jury charge in connection with erased offenses may 302
388	388	be ordered by the judge for use by the judiciary, provided the names of 303
389	389	the accused and the witnesses are omitted therefrom. 304
390	390	[(g)] (i) The provisions of this section shall not apply to any police or 305
391	391	court records or the records of any state's attorney or prosecuting 306
392	392	attorney with respect to any information or indictment containing more 307
393	393	than one count (1) while the criminal case is pending, or (2) when the 308
394	394	criminal case is disposed of unless and until all counts are entitled to 309
395	395	erasure in accordance with the provisions of this section, except that 310
396	396	when the criminal case is disposed of, electronic records or portions of 311
397	397	electronic records released to the public that reference a charge that 312
398	398	would otherwise be entitled to erasure under this section shall be erased 313
399	399	in accordance with the provisions of this section. Nothing in this section 314
400	400	shall require the erasure of any information contained in the registry of 315
401	401	protective orders established pursuant to section 51-5c. For the purposes 316
402	402	of this subsection, "electronic record" means any police or court record 317
403	403	or the record of any state's attorney or prosecuting attorney that is an 318
404	404	electronic record, as defined in section 1-267, or a computer printout. 319
405	405	(j) No fee shall be charged in any court with respect to any petition 320
406	406	under this section. 321
407	407	[(h)] (k) For the purposes of this [section] chapter, "court records" 322
408	408	shall not include a record or transcript of the proceedings made or 323
409	409	prepared by an official court reporter, assistant court reporter or 324
410	410	monitor. 325
411	411	Sec. 4. Section 54-142d of the general statutes is repealed and the 326
412	412	Raised Bill No. 403
413	413
414	414
415	415
416	416	LCO No. 2652 12 of 35
417	417
418	418	following is substituted in lieu thereof (Effective October 1, 2020): 327
419	419	Whenever any person has been convicted of an offense in any court 328
420	420	in this state and such offense has been decriminalized subsequent to the 329
421	421	date of such conviction, such person may file a petition with the superior 330
422	422	court at the location in which such conviction was effected, or with the 331
423	423	superior court at the location having custody of the records of such 332
424	424	conviction [or with the records center of the Judicial Department] if 333
425	425	such conviction was in the Court of Common Pleas, Circuit Court, 334
426	426	municipal court or by a trial justice, in the Superior Court where venue 335
427	427	would currently exist for criminal prosecution, for an order of erasure, 336
428	428	and the Superior Court or records center of the Judicial Department 337
429	429	shall immediately direct all police and court records and records of the 338
430	430	state's or prosecuting attorney pertaining to such [case] offense to be 339
431	431	physically destroyed. 340
432	432	Sec. 5. (NEW) (Effective October 1, 2021) (a) The Department of 341
433	433	Emergency Services and Public Protection, in consultation with the 342
434	434	Judicial Branch and the Criminal Justice Information System Governing 343
435	435	Board established pursuant to section 54-142q of the general statutes, 344
436	436	shall develop and implement automated processes for erasure pursuant 345
437	437	to section 54-142a of the general statutes, as amended by this act. 346
438	438	(b) The department shall make reasonable efforts to disseminate 347
439	439	information, including posting information on its Internet web site, 348
440	440	regarding records that are subject to erasure under the provisions of this 349
441	441	section. 350
442	442	(c) Nothing in this section shall be construed to require the 351
443	443	destruction of paper records. 352
444	444	Sec. 6. Section 54-142e of the general statutes is repealed and the 353
445	445	following is substituted in lieu thereof (Effective October 1, 2020): 354
446	446	(a) Notwithstanding the provisions of subsection [(e)] (g) of section 355
447	447	54-142a, as amended by this act, and section 54-142c, with respect to any 356
448	448	Raised Bill No. 403
449	449
450	450
451	451
452	452	LCO No. 2652 13 of 35
453	453
454	454	person, including, but not limited to, a consumer reporting agency as 357
455	455	defined in subsection (i) of section 31-51i, as amended by this act, that 358
456	456	purchases criminal matters of public record, as defined in said 359
457	457	subsection (i), from [the Judicial Department] any criminal justice 360
458	458	agency pursuant to subsection (b) of section 54-142g, as amended by this 361
459	459	act, the department shall make available to such person information 362
460	460	concerning such criminal matters of public record that have been erased 363
461	461	pursuant to section 54-142a, as amended by this act. Such information 364
462	462	may include docket numbers or other information that permits the 365
463	463	person to identify and permanently delete records that have been erased 366
464	464	pursuant to section 54-142a, as amended by this act. 367
465	465	(b) Each person, including, but not limited to, a consumer reporting 368
466	466	agency, that has purchased records of criminal matters of public record 369
467	467	from [the Judicial Department] or any criminal justice agency shall, 370
468	468	prior to disclosing such records, (1) purchase from [the Judicial 371
469	469	Department] or any criminal justice agency, on a monthly basis or on 372
470	470	such other schedule as [the Judicial Department] or any criminal justice 373
471	471	agency may establish, any updated criminal matters of public record or 374
472	472	information available for the purpose of complying with this section, 375
473	473	and (2) update its records of criminal matters of public record to 376
474	474	permanently delete such erased records. Such person shall not further 377
475	475	disclose such erased records. 378
476	476	Sec. 7. Subsection (c) of section 29-11 of the general statutes is 379
477	477	repealed and the following is substituted in lieu thereof (Effective July 1, 380
478	478	2020): 381
479	479	(c) (1) The Commissioner of Emergency Services and Publ ic 382
480	480	Protection shall charge the following fees for the service indicated: [(1)] 383
481	481	(A) Name search, thirty-six dollars; [(2)] (B) fingerprint search, seventy-384
482	482	five dollars; [(3)] (C) personal record search, seventy-five dollars; [(4)] 385
483	483	(D) letters of good conduct search, seventy-five dollars; [(5)] (E) bar 386
484	484	association search, seventy-five dollars; [(6)] (F) fingerprinting, fifteen 387
485	485	dollars; [(7)] (G) criminal history record information search, seventy-five 388
486	486	Raised Bill No. 403
487	487
488	488
489	489
490	490	LCO No. 2652 14 of 35
491	491
492	492	dollars. Except as provided in subsection (b) of this section, the 389
493	493	provisions of this subsection shall not apply to any federal, state or 390
494	494	municipal agency. 391
495	495	(2) The commissioner may waive fees imposed under subparagraph 392
496	496	(G) of subdivision (1) of this subsection for any applicant requesting a 393
497	497	criminal history record information search for the purpose of applying 394
498	498	for a pardon authorized pursuant to section 54-124a, as amended by this 395
499	499	act, provided such applicant completes a form prescribed by the 396
500	500	Department of Emergency Services and Public Protection representing 397
501	501	such person's indigency. 398
502	502	Sec. 8. Section 18-82 of the general statutes is repealed and the 399
503	503	following is substituted in lieu thereof (Effective from passage): 400
504	504	The Commissioner of Correction shall appoint and may remove the 401
505	505	following administrators, all of whom shall serve at the pleasure of the 402
506	506	commissioner and shall be exempt from the classified service: All 403
507	507	correctional wardens, including any warden with oversight of a district, 404
508	508	a correctional institution, parole and community services, population 405
509	509	management, programs and treatment, security and academy training 406
510	510	or staff development. Such wardens shall possess skill and experience 407
511	511	in correctional administration. The commissioner may designate a 408
512	512	deputy warden to serve as director of reentry services. 409
513	513	Sec. 9. (NEW) (Effective July 1, 2020) (a) There is established a reentry 410
514	514	employment advisory committee that shall advise the Commissioner of 411
515	515	Correction on alignment of education and job training programs offered 412
516	516	by the Department of Correction with the needs of employers in the 413
517	517	community, including, but not limited to (1) the vocational education 414
518	518	curricula used by Unified School District #1, established under section 415
519	519	18-99a of the general statutes, (2) the types of licenses and certifications 416
520	520	that employers are looking for in job applicants, (3) the availability of 417
521	521	apprenticeships for incarcerated and formerly incarcerated individuals 418
522	522	in the community, and (4) the types of products and services that should 419
523	523	Raised Bill No. 403
524	524
525	525
526	526
527	527	LCO No. 2652 15 of 35
528	528
529	529	be offered by institution industries established and maintained 420
530	530	pursuant to section 18-88 of the general statutes. 421
531	531	(b) (1) The reentry employment advisory committee shall consist of: 422
532	532	(A) The Commissioner of Correction, or the commissioner's designee; 423
533	533	(B) The superintendent of Unified School District #1; 424
534	534	(C) The superintendent of institution industries within the 425
535	535	Department of Correction; and 426
536	536	(D) One representative appointed by the Commissioner of Correction 427
537	537	from each of the following: 428
538	538	(i) An association representing businesses and industries in this state; 429
539	539	(ii) An association representing construction industries in this state; 430
540	540	(iii) The state affiliate of a national organization representing human 431
541	541	resource professionals; 432
542	542	(iv) A state council of building and construction trades; 433
543	543	(v) The Technical Education and Career System established pursuant 434
544	544	to section 10-95 of the general statutes; and 435
545	545	(vi) A regional workforce development board established pursuant 436
546	546	to section 31-3k of the general statutes. 437
547	547	(2) In addition to the membership provided for under subdivision (1) 438
548	548	of this subsection, the Commissioner of Correction may appoint up to 439
549	549	three additional members. 440
550	550	(c) The Commissioner of Correction shall appoint a chairperson from 441
551	551	amongst the membership of the reentry employment advisory 442
552	552	committee. The committee shall meet not fewer than two times per year, 443
553	553	and at such other times as the committee deems necessary. 444
554	554	Raised Bill No. 403
555	555
556	556
557	557
558	558	LCO No. 2652 16 of 35
559	559
560	560	Sec. 10. Subsection (a) of section 54-142e of the general statutes is 445
561	561	repealed and the following is substituted in lieu thereof (Effective October 446
562	562	1, 2021): 447
563	563	(a) Notwithstanding the provisions of subsection [(e)] (g) of section 448
564	564	54-142a, as amended by this act, and section 54-142c, with respect to any 449
565	565	person, including, but not limited to, a consumer reporting agency as 450
566	566	defined in subsection (i) of section 31-51i, as amended by this act, that 451
567	567	purchases criminal matters of public record, as defined in said 452
568	568	subsection (i), from the Judicial Department, the department shall make 453
569	569	available to such person information concerning such criminal matters 454
570	570	of public record that have been erased pursuant to section 54-142a, as 455
571	571	amended by this act. Such information may include docket numbers or 456
572	572	other information that permits the person to identify and permanently 457
573	573	delete records that have been erased pursuant to section 54-142a, as 458
574	574	amended by this act. 459
575	575	Sec. 11. Subsection (d) of section 54-142k of the general statutes is 460
576	576	repealed and the following is substituted in lieu thereof (Effective October 461
577	577	1, 2021): 462
578	578	(d) Nonconviction information shall be available to the subject of the 463
579	579	information and to the subject's attorney pursuant to this subsection and 464
580	580	subsection (e) of this section. Any person shall, upon satisfactory proof 465
581	581	of the person's identity, be entitled to inspect, for purposes of 466
582	582	verification and correction, any nonconviction information relating to 467
583	583	the person and upon the person's request shall be given a computer 468
584	584	printout or photocopy of such information for which a reasonable fee 469
585	585	may be charged, provided no erased record may be released except as 470
586	586	provided in subsection [(f)] (h) of section 54-142a, as amended by this 471
587	587	act. Before releasing any exact reproductions of nonconviction 472
588	588	information to the subject of the information, the agency holding such 473
589	589	information may remove all personal identifying information from such 474
590	590	reproductions. 475
591	591	Raised Bill No. 403
592	592
593	593
594	594
595	595	LCO No. 2652 17 of 35
596	596
597	597	Sec. 12. (NEW) (Effective October 1, 2020) For purposes of this section, 476
598	598	sections 14, 15 and 19 to 27, inclusive, of this act and section 29 of this 477
599	599	act, sections 8-265c and 8-315 of the general statutes, as amended by this 478
600	600	act, subsection (b) of section 10a-6 of the general statutes, as amended 479
601	601	by this act, and sections 31-51i, 38a-358, 38a-447, 46a-74, 46a-79, 46a-80 480
602	602	and 46a-81 of the general statutes, as amended by this act: 481
603	603	(1) "Commission" means the Commission on Human Rights and 482
604	604	Opportunities created by section 46a-52 of the general statutes; 483
605	605	(2) "Criminal history record information" means court records and 484
606	606	information obtained from the Judicial Department relating to arrests, 485
607	607	releases, detentions, indictments, informations or other formal criminal 486
608	608	charges or any events and outcomes arising from those arrests, releases, 487
609	609	detentions, including pleas, trials, sentences, appeals, incarcerations, 488
610	610	correctional supervision, paroles and releases, outstanding judgments 489
611	611	and any other conviction information, as defined in section 54-142g of 490
612	612	the general statutes, as amended by this act; 491
613	613	(3) "Employer" includes the state and all political subdivisions of the 492
614	614	state and means any person or employer with one or more persons in 493
615	615	such person's or employer's employ; 494
616	616	(4) "Erased criminal history record information" means (A) criminal 495
617	617	history record information that has been erased pursuant to section 54-496
618	618	142a of the general statutes, as amended by this act, or 54-760 of the 497
619	619	general statutes, or any other provision of the general statutes or other 498
620	620	operation of law; (B) information relating to persons granted youthful 499
621	621	offender status pursuant to section 46b-146 of the general statutes; and 500
622	622	(C) continuances of a criminal case that are more than thirteen months 501
623	623	old; and 502
624	624	(5) "Place of public accommodation, resort or amusement" means any 503
625	625	establishment that caters or offers its services or facilities or goods to the 504
626	626	general public, including, but not limited to, any commercial property 505
627	627	or building lot on which it is intended that a commercial building will 506
628	628	Raised Bill No. 403
629	629
630	630
631	631
632	632	LCO No. 2652 18 of 35
633	633
634	634	be constructed or offered for sale or rent. 507
635	635	Sec. 13. Subdivisions (7) and (8) of section 46a-51 of the 2020 508
636	636	supplement to the general statutes are repealed and the following is 509
637	637	substituted in lieu thereof (Effective October 1, 2020): 510
638	638	(7) "Discriminatory employment practice" means any discriminatory 511
639	639	practice specified in subsection (b), (d), (e) or (f) of section 31-51i, as 512
640	640	amended by this act, or section 46a-60 or 46a-81c or section 20 of this act; 513
641	641	(8) "Discriminatory practice" means a violation of section 4a-60, 4a-514
642	642	60a, 4a-60g, 31-40y, subsection (b) of section 31-51i, as amended by this 515
643	643	act, subsection (d), (e) or (f) of section 31-51i, as amended by this act, 516
644	644	subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 517
645	645	and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 518
646	646	46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, 519
647	647	inclusive, subsection (a) of section 46a-80, as amended by this act, or 520
648	648	sections 46a-81b to 46a-81o, inclusive; 521
649	649	Sec. 14. (NEW) (Effective October 1, 2020) It shall be a discriminatory 522
650	650	practice under subdivision (8) of section 46a-51 of the general statutes, 523
651	651	as amended by this act, for any person to subject, or cause to be 524
652	652	subjected, any other person to the deprivation of any rights, privileges 525
653	653	or immunities, secured or protected by the Constitution or laws of this 526
654	654	state or of the United States, on account of a person's erased criminal 527
655	655	history record information. 528
656	656	Sec. 15. (NEW) (Effective October 1, 2020) (a) It shall be a 529
657	657	discriminatory practice under subdivision (8) of section 46a-51 of the 530
658	658	general statutes, as amended by this act: 531
659	659	(1) To refuse to sell or rent after the making of a bona fide offer, or to 532
660	660	refuse to negotiate for the sale or rental of, or otherwise make 533
661	661	unavailable or deny, a dwelling to any person on the basis of the erased 534
662	662	criminal history record information of (A) such buyer or renter, (B) a 535
663	663	person residing in or intending to reside in such dwelling after it is so 536
664	664	Raised Bill No. 403
665	665
666	666
667	667
668	668	LCO No. 2652 19 of 35
669	669
670	670	sold, rented or made available, or (C) any person associated with such 537
671	671	buyer or renter; 538
672	672	(2) To discriminate against any person in the terms, conditions or 539
673	673	privileges of the sale or rental of a dwelling, or in the provision of 540
674	674	services or facilities in connection therewith, on the basis of the erased 541
675	675	criminal history record information of (A) such buyer or renter, (B) a 542
676	676	person residing in or intending to reside in such dwelling after it is so 543
677	677	sold, rented or made available, or (C) any person associated with such 544
678	678	buyer or renter; 545
679	679	(3) To make, print or publish, or cause to be made, printed or 546
680	680	published any notice, statement or advertisement, with respect to the 547
681	681	sale or rental of a dwelling that indicates any preference, limitation or 548
682	682	discrimination, or to intend to make any such preference, limitation or 549
683	683	discrimination, based on the erased criminal history record information 550
684	684	of (A) a potential buyer or renter, (B) a person intending to reside in such 551
685	685	dwelling after it is sold, rented or made available, or (C) any person 552
686	686	associated with such potential buyer or renter; 553
687	687	(4) To represent to any person that any dwelling is not available for 554
688	688	inspection, sale or rental when such dwelling is in fact so available, on 555
689	689	the basis of the erased criminal history record information of (A) a 556
690	690	potential buyer or renter, (B) a person intending to reside in such 557
691	691	dwelling after it is so sold, rented or made available, or (C) any person 558
692	692	associated with such potential buyer or renter; 559
693	693	(5) For profit, to induce or attempt to induce any person to sell or rent 560
694	694	any dwelling by representations regarding the entry or prospective 561
695	695	entry into the neighborhood of a person or persons with erased criminal 562
696	696	history record information; 563
697	697	(6) For any person or other entity engaging in residential-real-estate-564
698	698	related transactions to discriminate against any person in making 565
699	699	available such a transaction, or in the terms or conditions of such a 566
700	700	transaction, on the basis of the erased criminal history record 567
701	701	Raised Bill No. 403
702	702
703	703
704	704
705	705	LCO No. 2652 20 of 35
706	706
707	707	information of (A) the other party in the transaction, (B) a person 568
708	708	residing in or intending to reside in a dwelling with such other party, or 569
709	709	(C) any person associated with such other party; 570
710	710	(7) To deny any person access to or membership or participation in 571
711	711	any multiple-listing service, real estate brokers' organization or other 572
712	712	service, organization or facility relating to the business of selling or 573
713	713	renting dwellings, or to discriminate against that person in the terms or 574
714	714	conditions of such access, membership or participation, on account of 575
715	715	that person's erased criminal history record information; or 576
716	716	(8) To coerce, intimidate, threaten or interfere with any person in the 577
717	717	exercise or enjoyment of, or on account of that person having exercised 578
718	718	or enjoyed, or on account of that person having aided or encouraged 579
719	719	any other person in the exercise or enjoyment of, any right granted or 580
720	720	protected by this section. 581
721	721	(b) The provisions of this section shall not apply to (1) the rental of a 582
722	722	room or rooms in a unit in a dwelling if the owner actually maintains 583
723	723	and occupies part of such unit as the owner's residence, or (2) a unit in 584
724	724	a dwelling containing not more than four units if the owner actually 585
725	725	maintains and occupies one of such other units as the owner's residence. 586
726	726	(c) Nothing in this section limits the applicability of any reasonable 587
727	727	state statute or municipal ordinance restricting the maximum number 588
728	728	of persons permitted to occupy a dwelling. 589
729	729	(d) Nothing in this section prohibits a person engaged in the business 590
730	730	of furnishing appraisals of real property to take into consideration 591
731	731	factors other than a person's erased criminal history record. 592
732	732	Sec. 16. Section 8-265c of the general statutes is repealed and the 593
733	733	following is substituted in lieu thereof (Effective October 1, 2020): 594
734	734	The authority shall require that occupancy of all housing financed or 595
735	735	otherwise assisted under this chapter be open to all persons regardless 596
736	736	Raised Bill No. 403
737	737
738	738
739	739
740	740	LCO No. 2652 21 of 35
741	741
742	742	of race, creed, color, national origin or ancestry, sex or gender identity 597
743	743	or expression or erased criminal history record information, as defined 598
744	744	in section 12 of this act, and that the contractors and subcontractors 599
745	745	engaged in the construction or rehabilitation of such housing shall take 600
746	746	affirmative action to provide equal opportunity for employment 601
747	747	without discrimination as to race, creed, color, national origin or 602
748	748	ancestry, sex, [or] gender identity or expression or erased criminal 603
749	749	history record information. 604
750	750	Sec. 17. Section 8-315 of the general statutes is repealed and the 605
751	751	following is substituted in lieu thereof (Effective October 1, 2020): 606
752	752	The municipality shall take all necessary steps to insure that 607
753	753	occupancy of all housing financed or otherwise assisted pursuant to this 608
754	754	chapter be open to all persons regardless of race, creed, color, national 609
755	755	origin or ancestry, sex, gender identity or expression, age, [or] physical 610
756	756	disability or erased criminal history record information, as defined in 611
757	757	section 12 of this act. 612
758	758	Sec. 18. Section 31-51i of the general statutes is repealed and the 613
759	759	following is substituted in lieu thereof (Effective October 1, 2020): 614
760	760	(a) For the purposes of this section, "employer" means [any person 615
761	761	engaged in business who has one or more employees, including the state 616
762	762	or any political subdivision of the state] employer, as defined in section 617
763	763	12 of this act. 618
764	764	(b) No employer shall inquire about a prospective employee's prior 619
765	765	arrests, criminal charges or convictions on an initial employment 620
766	766	application, unless (1) the employer is required to do so by an applicable 621
767	767	state or federal law, or (2) a security or fidelity bond or an equivalent 622
768	768	bond is required for the position for which the prospective employee is 623
769	769	seeking employment. 624
770	770	(c) No employer or employer's agent, representative or designee may 625
771	771	require an employee or prospective employee to disclose the existence 626
772	772	Raised Bill No. 403
773	773
774	774
775	775
776	776	LCO No. 2652 22 of 35
777	777
778	778	of any [arrest, criminal charge or conviction, the records of which have 627
779	779	been erased pursuant to section 46b-146, 54-76o or 54-142a] erased 628
780	780	criminal history record information, as defined in section 12 of this act. 629
781	781	(d) An employment application form that contains any question 630
782	782	concerning the criminal history of the applicant shall contain a notice, in 631
783	783	clear and conspicuous language: (1) That the applicant is not required 632
784	784	to disclose the existence of any [arrest, criminal charge or conviction, the 633
785	785	records of which have been erased pursuant to section 46b-146, 54-76o 634
786	786	or 54-142a] erased criminal history record information, (2) that [criminal 635
787	787	records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a] 636
788	788	erased criminal history record information are records pertaining to a 637
789	789	finding of delinquency or that a child was a member of a family with 638
790	790	service needs, an adjudication as a youthful offender, a criminal charge 639
791	791	that has been dismissed or nolled, a criminal charge for which the 640
792	792	person has been found not guilty or a conviction for which the person 641
793	793	received an absolute pardon or criminal records that are erased 642
794	794	pursuant to statute or by other operation of law, and (3) that any person 643
795	795	[whose criminal records have been erased pursuant to section 46b-146, 644
796	796	54-76o or 54-142a] with erased criminal history record information shall 645
797	797	be deemed to have never been arrested within the meaning of the 646
798	798	general statutes with respect to the proceedings so erased and may so 647
799	799	swear under oath. 648
800	800	(e) No employer or employer's agent, representative or designee shall 649
801	801	deny employment to a prospective employee solely on the basis that the 650
802	802	prospective employee [had a prior arrest, criminal charge or conviction, 651
803	803	the records of which have been erased pursuant to section 46b-146, 54-652
804	804	76o or 54-142a] has erased criminal history record information or that 653
805	805	the prospective employee had a prior conviction for which the 654
806	806	prospective employee has received a provisional pardon or certificate of 655
807	807	rehabilitation pursuant to section 54-130a, as amended by this act, or a 656
808	808	certificate of rehabilitation pursuant to section 54-108f. 657
809	809	(f) No employer or employer's agent, representative or designee shall 658
810	810	Raised Bill No. 403
811	811
812	812
813	813
814	814	LCO No. 2652 23 of 35
815	815
816	816	discharge, or cause to be discharged, or in any manner discriminate 659
817	817	against, any employee solely on the basis that the employee [had, prior 660
818	818	to being employed by such employer, an arrest, criminal charge or 661
819	819	conviction, the records of which have been erased pursuant to section 662
820	820	46b-146, 54-76o or 54-142a] has erased criminal history record 663
821	821	information or that the employee had, prior to being employed by such 664
822	822	employer, a prior conviction for which the employee has received a 665
823	823	provisional pardon or certificate of rehabilitation pursuant to section 54-666
824	824	130a, as amended by this act, or a certificate of rehabilitation pursuant 667
825	825	to section 54-108f. 668
826	826	(g) The portion of an employment application form that contains 669
827	827	information concerning the criminal history record of an applicant or 670
828	828	employee shall only be available to the members of the personnel 671
829	829	department of the company, firm or corporation or, if the company, firm 672
830	830	or corporation does not have a personnel department, the person in 673
831	831	charge of employment, and to any employee or member of the 674
832	832	company, firm or corporation, or an agent of such employee or member, 675
833	833	involved in the interviewing of the applicant. 676
834	834	(h) Notwithstanding the provisions of subsection (g) of this section, 677
835	835	the portion of an employment application form that contains 678
836	836	information concerning the criminal history record of an applicant or 679
837	837	employee may be made available as necessary to persons other than 680
838	838	those specified in said subsection (g) by: 681
839	839	(1) A broker-dealer or investment adviser registered under chapter 682
840	840	672a in connection with (A) the possible or actual filing of, or the 683
841	841	collection or retention of information contained in, a form U-4 Uniform 684
842	842	Application for Securities Industry Registration or Transfer, (B) the 685
843	843	compliance responsibilities of such broker-dealer or investment adviser 686
844	844	under state or federal law, or (C) the applicable rules of self-regulatory 687
845	845	organizations promulgated in accordance with federal law; 688
846	846	(2) An insured depository institution in connection with (A) the 689
847	847	Raised Bill No. 403
848	848
849	849
850	850
851	851	LCO No. 2652 24 of 35
852	852
853	853	management of risks related to safety and soundness, security or 690
854	854	privacy of such institution, (B) any waiver that may possibly or actually 691
855	855	be sought by such institution pursuant to section 19 of the Federal 692
856	856	Deposit Insurance Act, 12 USC 1829(a), (C) the possible or actual 693
857	857	obtaining by such institution of any security or fidelity bond, or (D) the 694
858	858	compliance responsibilities of such institution under state or federal 695
859	859	law; and 696
860	860	(3) An insurance producer licensed under chapter 701a in connection 697
861	861	with (A) the management of risks related to security or privacy of such 698
862	862	insurance producer, or (B) the compliance responsibilities of such 699
863	863	insurance producer under state or federal law. 700
864	864	(i) (1) For the purposes of this subsection: (A) "Consumer reporting 701
865	865	agency" means any person who regularly engages, in whole or in part, 702
866	866	in the practice of assembling or preparing consumer reports for a fee, 703
867	867	which reports compile and report items of information on consumers 704
868	868	that are matters of public record and are likely to have an adverse effect 705
869	869	on a consumer's ability to obtain employment, but does not include any 706
870	870	public agency; (B) "consumer report" means any written, oral or other 707
871	871	communication of information bearing on an individual's credit 708
872	872	worthiness, credit standing, credit capacity, character, general 709
873	873	reputation, personal characteristics or mode of living; and (C) "criminal 710
874	874	matters of public record" means information obtained from the Judicial 711
875	875	Department relating to arrests, indictments, convictions, outstanding 712
876	876	judgments [,] and any other conviction information, as defined in 713
877	877	section 54-142g, as amended by this act. 714
878	878	(2) Each consumer reporting agency that issues a consumer report 715
879	879	that is used or is expected to be used for employment purposes and that 716
880	880	includes in such report criminal matters of public record concerning the 717
881	881	consumer shall: 718
882	882	(A) At the time the consumer reporting agency issues such consumer 719
883	883	report to a person other than the consumer who is the subject of the 720
884	884	Raised Bill No. 403
885	885
886	886
887	887
888	888	LCO No. 2652 25 of 35
889	889
890	890	report, provide the consumer who is the subject of the consumer report 721
891	891	(i) notice that the consumer reporting agency is reporting criminal 722
892	892	matters of public record, and (ii) the name and address of the person to 723
893	893	whom such consumer report is being issued; 724
894	894	(B) Maintain procedures designed to ensure that any criminal matter 725
895	895	of public record reported is complete and up-to-date as of the date the 726
896	896	consumer report is issued, which procedures shall, at a minimum, 727
897	897	conform to the requirements set forth in section 54-142e, as amended by 728
898	898	this act. 729
899	899	(3) This subsection shall not apply in the case of an agency or 730
900	900	department of the United States government seeking to obtain and use 731
901	901	a consumer report for employment purposes if the head of the agency 732
902	902	or department makes a written finding pursuant to 15 USC 733
903	903	1681b(b)(4)(A). 734
904	904	(j) An employee or prospective employee may file a complaint with 735
905	905	the Labor Commissioner alleging an employer's violation of subsection 736
906	906	(a), (c), (g), (h) or (i) of this section. For any alleged violation by an 737
907	907	employer of subsection (b), (d), (e) or (f) of this section, an employee or 738
908	908	prospective employee may file a complaint with the Commission on 739
909	909	Human Rights and Opportunities pursuant to section 46a-82 or may 740
910	910	bring an action in the Superior Court against the employer for violating 741
911	911	this section for declaratory or injunctive relief, damages or any other 742
912	912	remedy available under law, at the sole election of the employee or 743
913	913	prospective employee. 744
914	914	Sec. 19. (NEW) (Effective October 1, 2020) It shall be a discriminatory 745
915	915	practice under subdivision (8) of section 46a-51 of the general statutes, 746
916	916	as amended by this act: (1) For an employer or employer's agent, 747
917	917	representative or designee to discriminate against that person in 748
918	918	compensation or in terms, conditions or privileges of employment on 749
919	919	the basis of that person's erased criminal history record information, (2) 750
920	920	for any employment agency to fail or refuse to classify properly or refer 751
921	921	Raised Bill No. 403
922	922
923	923
924	924
925	925	LCO No. 2652 26 of 35
926	926
927	927	for employment or otherwise to discriminate against any person on the 752
928	928	basis of that person's erased criminal history record information, (3) for 753
929	929	a labor organization, on the basis of the erased criminal history record 754
930	930	information of any person, to exclude from full membership rights or to 755
931	931	expel from its membership that person or to discriminate in any way 756
932	932	against any of its members or against any employer or any individual 757
933	933	employed by an employer, or (4) for any person, employer, employment 758
934	934	agency or labor organization, to advertise employment opportunities in 759
935	935	such a manner as to restrict such employment so as to discriminate 760
936	936	against persons on the basis of their erased criminal history record 761
937	937	information. 762
938	938	Sec. 20. (NEW) (Effective October 1, 2020) (a) It shall be a 763
939	939	discriminatory practice under subdivision (8) of section 46a-51 of the 764
940	940	general statutes, as amended by this act, for any association, board or 765
941	941	other organization the principal purpose of which is the furtherance of 766
942	942	the professional or occupational interests of its members, whose 767
943	943	profession, trade or occupation requires a state license, to refuse to 768
944	944	accept a person as a member of such association, board or organization 769
945	945	solely on the basis of that person's erased criminal history record 770
946	946	information. 771
947	947	(b) Any association, board or other organization that violates the 772
948	948	provisions of this section shall be fined not less than one hundred 773
949	949	dollars or more than five hundred dollars. 774
950	950	Sec. 21. (NEW) (Effective October 1, 2020) State officials and 775
951	951	supervisory personnel shall recruit, appoint, assign, train, evaluate and 776
952	952	promote state personnel on the basis of merit and qualifications, without 777
953	953	regard for erased criminal history record information. 778
954	954	Sec. 22. (NEW) (Effective October 1, 2020) No state department, board 779
955	955	or agency may grant, deny or revoke the license or charter of any person 780
956	956	on the basis of that person's erased criminal history record information. 781
957	957	Sec. 23. (NEW) (Effective October 1, 2020) All educational, counseling 782
958	958	Raised Bill No. 403
959	959
960	960
961	961
962	962	LCO No. 2652 27 of 35
963	963
964	964	and vocational guidance programs and all apprenticeship and on-the-783
965	965	job training programs of state agencies, or in which state agencies 784
966	966	participate, shall be open to all qualified persons, without regard to a 785
967	967	person's erased criminal history record information. 786
968	968	Sec. 24. (NEW) (Effective October 1, 2020) Erased criminal history 787
969	969	record information shall not be considered as a limiting factor in state-788
970	970	administered programs involving the distribution of funds to qualify 789
971	971	applicants for benefits authorized by law. 790
972	972	Sec. 25. (NEW) (Effective October 1, 2020) All services of every state 791
973	973	agency shall be performed without discrimination on the basis of erased 792
974	974	criminal history record information. 793
975	975	Sec. 26. (NEW) (Effective October 1, 2020) It shall be a discriminatory 794
976	976	practice under subdivision (8) of section 46a-51 of the general statutes, 795
977	977	as amended by this act, to: 796
978	978	(1) Deny any person within the jurisdiction of this state full and equal 797
979	979	accommodations in any place of public accommodation, resort or 798
980	980	amusement on the basis of that person's erased criminal history record 799
981	981	information, subject only to the conditions and limitations established 800
982	982	by law and applicable alike to all persons; or 801
983	983	(2) Discriminate, segregate or separate on account of erased criminal 802
984	984	history record information. 803
985	985	Sec. 27. (NEW) (Effective October 1, 2020) It shall be a discriminatory 804
986	986	practice under subdivision (8) of section 46a-51 of the general statutes, 805
987	987	as amended by this act, for the state system of higher education to deny 806
988	988	a person the opportunity for higher education on the basis of erased 807
989	989	criminal history record information. 808
990	990	Sec. 28. Subsection (b) of section 10a-6 of the general statutes is 809
991	991	repealed and the following is substituted in lieu thereof (Effective October 810
992	992	1, 2020): 811
993	993	Raised Bill No. 403
994	994
995	995
996	996
997	997	LCO No. 2652 28 of 35
998	998
999	999	(b) Within the limits of authorized expenditures, the policies of the 812
1000	1000	state system of higher education shall be consistent with (1) the 813
1001	1001	following goals: (A) To ensure that no qualified person be denied the 814
1002	1002	opportunity for higher education on the basis of age, sex, gender 815
1003	1003	identity or expression, ethnic background or social, physical or 816
1004	1004	economic condition, or erased criminal history record information, as 817
1005	1005	defined in section 12 of this act, (B) to protect academic freedom, (C) to 818
1006	1006	provide opportunities for education and training related to the 819
1007	1007	economic, cultural and educational development of the state, (D) to 820
1008	1008	assure the fullest possible use of available resources in public and 821
1009	1009	private institutions of higher education, (E) to maintain standards of 822
1010	1010	quality ensuring a position of national leadership for state institutions 823
1011	1011	of higher education, (F) to apply the resources of higher education to the 824
1012	1012	problems of society, and (G) to foster flexibility in the policies and 825
1013	1013	institutions of higher education to enable the system to respond to 826
1014	1014	changes in the economy, society, technology and student interests; and 827
1015	1015	(2) the goals for higher education in the state identified in section 10a-828
1016	1016	11c. Said board shall review recent studies of the need for higher 829
1017	1017	education services, with special attention to those completed pursuant 830
1018	1018	to legislative action, and to meet such needs shall initiate additional 831
1019	1019	programs or services through one or more of the constituent units. 832
1020	1020	Sec. 29. (NEW) (Effective October 1, 2020) It shall be a discriminatory 833
1021	1021	practice under subdivision (8) of section 46a-51 of the general statutes, 834
1022	1022	as amended by this act, for any creditor to discriminate on the basis of 835
1023	1023	expunged criminal record history information, against any person 836
1024	1024	eighteen years of age or over in any credit transaction. 837
1025	1025	Sec. 30. Section 38a-358 of the general statutes is repealed and the 838
1026	1026	following is substituted in lieu thereof (Effective October 1, 2020): 839
1027	1027	The declination, cancellation or nonrenewal of a policy for private 840
1028	1028	passenger nonfleet automobile insurance is prohibited if the declination, 841
1029	1029	cancellation or nonrenewal is based: (1) On the race, religion, nationality 842
1030	1030	or ethnicity of the applicant or named insured; (2) solely on the lawful 843
1031	1031	Raised Bill No. 403
1032	1032
1033	1033
1034	1034
1035	1035	LCO No. 2652 29 of 35
1036	1036
1037	1037	occupation or profession of the applicant or named insured, except that 844
1038	1038	this provision shall not apply to any insurer which limits its market to 845
1039	1039	one lawful occupation or profession or to several related lawful 846
1040	1040	occupations or professions; (3) on the principal location of the insured 847
1041	1041	motor vehicle unless such decision is for a business purpose which is 848
1042	1042	not a mere pretext for unfair discrimination; (4) solely on the age, sex, 849
1043	1043	gender identity or expression, [or] marital status or erased criminal 850
1044	1044	history record information, as defined in section 12 of this act, of an 851
1045	1045	applicant or an insured, except that this subdivision shall not apply to 852
1046	1046	an insurer in an insurer group if one or more other insurers in the group 853
1047	1047	would not decline an application for essentially similar coverage based 854
1048	1048	upon such reasons; (5) on the fact that the applicant or named insured 855
1049	1049	previously obtained insurance coverage through a residual market; (6) 856
1050	1050	on the fact that another insurer previously declined to insure the 857
1051	1051	applicant or terminated an existing policy in which the applicant was 858
1052	1052	the named insured; (7) the first or second accident within the current 859
1053	1053	experience period in relation to which the applicant or insured was not 860
1054	1054	convicted of a moving traffic violation and was not at fault; or (8) solely 861
1055	1055	on information contained in an insured's or applicant's credit history or 862
1056	1056	credit rating or solely on an applicant's lack of credit history. For the 863
1057	1057	purposes of subdivision (8) of this section, an insurer shall not be 864
1058	1058	deemed to have declined, cancelled or nonrenewed a policy if coverage 865
1059	1059	is available through an affiliated insurer. 866
1060	1060	Sec. 31. Section 38a-447 of the general statutes is repealed and the 867
1061	1061	following is substituted in lieu thereof (Effective October 1, 2020): 868
1062	1062	No life insurance company doing business in this state may: (1) Make 869
1063	1063	any distinction or discrimination between persons on the basis of race 870
1064	1064	or erased criminal history record information, as defined in section 12 871
1065	1065	of this act, as to the premiums or rates charged for policies upon the 872
1066	1066	lives of such persons; (2) demand or require greater premiums from 873
1067	1067	persons of one race than such as are at that time required by that 874
1068	1068	company from persons of another race of the same age, sex, general 875
1069	1069	condition of health and hope of longevity; (3) demand or require greater 876
1070	1070	Raised Bill No. 403
1071	1071
1072	1072
1073	1073
1074	1074	LCO No. 2652 30 of 35
1075	1075
1076	1076	premiums from persons with erased criminal history record 877
1077	1077	information than such as are at that time required by that company from 878
1078	1078	persons without erased criminal history record information of the same 879
1079	1079	age, sex, general conditions of health and hope of longevity; or [(3)] (4) 880
1080	1080	make or require any rebate, diminution or discount on the basis of race 881
1081	1081	or erased criminal history record information upon the sum to be paid 882
1082	1082	on any policy in case of the death of any person insured, nor insert in 883
1083	1083	the policy any condition, nor make any stipulation whereby such person 884
1084	1084	insured shall bind himself, his heirs, executors, administrators or 885
1085	1085	assigns to accept any sum less than the full value or amount of such 886
1086	1086	policy, in case of a claim accruing thereon by reason of the death of such 887
1087	1087	person insured, other than such as are imposed upon all persons in 888
1088	1088	similar cases; and each such stipulation or condition so made or inserted 889
1089	1089	shall be void. 890
1090	1090	Sec. 32. Section 46a-74 of the general statutes is repealed and the 891
1091	1091	following is substituted in lieu thereof (Effective October 1, 2020): 892
1092	1092	No state department, board or agency may permit any 893
1093	1093	discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-894
1094	1094	64c or section 14, 15, 18, 19, 20, 27 or 29 of this act. 895
1095	1095	Sec. 33. Section 46a-79 of the general statutes is repealed and the 896
1096	1096	following is substituted in lieu thereof (Effective October 1, 2020): 897
1097	1097	The General Assembly finds that the public is best protected when 898
1098	1098	criminal offenders are rehabilitated and returned to society prepared to 899
1099	1099	take their places as productive citizens and that the ability of returned 900
1100	1100	offenders to find meaningful employment is directly related to their 901
1101	1101	normal functioning in the community. It is therefore the policy of this 902
1102	1102	state to encourage all employers to give favorable consideration to 903
1103	1103	providing jobs to qualified individuals, including those who may have 904
1104	1104	[criminal conviction records] conviction information, as defined in 905
1105	1105	section 54-142g, as amended by this act. Nothing in this section shall be 906
1106	1106	construed to permit any employer to refuse to hire or employ or to bar 907
1107	1107	Raised Bill No. 403
1108	1108
1109	1109
1110	1110
1111	1111	LCO No. 2652 31 of 35
1112	1112
1113	1113	or to discharge from employment or to discriminate against an 908
1114	1114	individual in compensation or in terms on the basis of that person's 909
1115	1115	erased criminal history record information, as defined in section 12 of 910
1116	1116	this act. 911
1117	1117	Sec. 34. Section 46a-80 of the general statutes is repealed and the 912
1118	1118	following is substituted in lieu thereof (Effective October 1, 2020): 913
1119	1119	(a) Except as provided in subsection (c) of this section, subsection (b) 914
1120	1120	of section 46a-81 and section 36a-489, and notwithstanding any other 915
1121	1121	provisions of law to the contrary, a person shall not be disqualified from 916
1122	1122	employment by the state or any of its agencies, nor shall a person be 917
1123	1123	disqualified to practice, pursue or engage in any occupation, trade, 918
1124	1124	vocation, profession or business for which a license, permit, certificate 919
1125	1125	or registration is required to be issued by the state or any of its agencies 920
1126	1126	solely [because of a prior conviction of a crime] on the basis of that 921
1127	1127	person's conviction information, as defined in section 54-142g, as 922
1128	1128	amended by this act. 923
1129	1129	(b) Except for a position for which any provision of the general 924
1130	1130	statutes specifically disqualifies a person from employment by the state 925
1131	1131	or any of its agencies [because of a prior conviction of a crime] on the 926
1132	1132	basis of that person's conviction information, no employer, as defined in 927
1133	1133	section [5-270] 12 of this act, shall inquire about a prospective 928
1134	1134	employee's [past convictions] conviction information until such 929
1135	1135	prospective employee has been deemed otherwise qualified for the 930
1136	1136	position in accordance with the provisions of section 31-51i, as amended 931
1137	1137	by this act. 932
1138	1138	(c) A person may be denied employment by the state or any of its 933
1139	1139	agencies, or a person may be denied a license, permit, certificate or 934
1140	1140	registration to pursue, practice or engage in an occupation, trade, 935
1141	1141	vocation, profession or business [by reason of the prior conviction of a 936
1142	1142	crime] on the basis of that person's conviction information if, after 937
1143	1143	considering (1) the nature of the crime and its relationship to the job for 938
1144	1144	Raised Bill No. 403
1145	1145
1146	1146
1147	1147
1148	1148	LCO No. 2652 32 of 35
1149	1149
1150	1150	which the person has applied; (2) information pertaining to the degree 939
1151	1151	of rehabilitation of the convicted person; and (3) the time elapsed since 940
1152	1152	the conviction or release, the state or any of its agencies determines that 941
1153	1153	the applicant is not suitable for the position of employment sought or 942
1154	1154	the specific occupation, trade, vocation, profession or business for which 943
1155	1155	the license, permit, certificate or registration is sought. In making a 944
1156	1156	determination under this subsection, the state or any of its agencies shall 945
1157	1157	give consideration to a provisional pardon issued pursuant to section 946
1158	1158	54-130e, or a certificate of rehabilitation issued pursuant to section 54-947
1159	1159	108f or 54-130e, and such provisional pardon or certificate of 948
1160	1160	rehabilitation shall establish a presumption that such applicant has been 949
1161	1161	rehabilitated. If an application is denied based on [a] conviction 950
1162	1162	information for which the applicant has received a provisional pardon 951
1163	1163	or certificate of rehabilitation, the state or any of its agencies, as the case 952
1164	1164	may be, shall provide a written statement to the applicant of its reasons 953
1165	1165	for such denial. 954
1166	1166	(d) If [a conviction of a crime] conviction information is used as a 955
1167	1167	basis for rejection of an applicant, such rejection shall be in writing and 956
1168	1168	specifically state the evidence presented and reasons for rejection. A 957
1169	1169	copy of such rejection shall be sent by registered mail to the applicant. 958
1170	1170	(e) In no case may [records of arrest, which are not followed by a 959
1171	1171	conviction, or records of convictions, which have been erased] erased 960
1172	1172	criminal history record information, as defined in section 12 of this act, 961
1173	1173	nonconviction information, as defined in 54-142g, as amended by this 962
1174	1174	act, or criminal history record information, as defined in 54-142g, as 963
1175	1175	amended by this act, apart from conviction information, be used, 964
1176	1176	distributed or disseminated by the state or any of its agencies in 965
1177	1177	connection with an application for employment or for a permit, license, 966
1178	1178	certificate or registration. 967
1179	1179	(f) Nothing in this section shall permit any employer to discriminate 968
1180	1180	on the basis of erased criminal history record information in violation of 969
1181	1181	section 31-51i, as amended by this act, or section 20 of this act. 970
1182	1182	Raised Bill No. 403
1183	1183
1184	1184
1185	1185
1186	1186	LCO No. 2652 33 of 35
1187	1187
1188	1188	Sec. 35. Subsection (a) of section 46a-81 of the general statutes is 971
1189	1189	repealed and the following is substituted in lieu thereof (Effective October 972
1190	1190	1, 2020): 973
1191	1191	(a) Except as provided in section 36a-489, the provisions of sections 974
1192	1192	46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 975
1193	1193	other provisions of law which purport to govern the denial of licenses, 976
1194	1194	permits, certificates, registrations, or other means to engage in an 977
1195	1195	occupation, trade, vocation, business or profession, on the grounds of a 978
1196	1196	lack of good moral character, or which purport to govern the suspension 979
1197	1197	or revocation of a license, permit, certificate or registration on the 980
1198	1198	grounds of conviction [of a crime] information, as defined in section 54-981
1199	1199	142g, as amended by this act. 982
1200	1200	Sec. 36. Subsection (b) of section 54-142g of the general statutes is 983
1201	1201	repealed and the following is substituted in lieu thereof (Effective October 984
1202	1202	1, 2020): 985
1203	1203	(b) "Criminal justice agency" means any court with criminal 986
1204	1204	jurisdiction, the Department of Motor Vehicles or any other 987
1205	1205	governmental agency created by statute which is authorized by law and 988
1206	1206	engages, in fact, as its principal function in activities constituting the 989
1207	1207	administration of criminal justice, including, but not limited to, 990
1208	1208	organized municipal police departments, the Division of Criminal 991
1209	1209	Justice, the Department of Emergency Services and Public Protection, 992
1210	1210	including the Division of State Police, the Department of Correction, the 993
1211	1211	Court Support Services Division, the Office of Policy and Management, 994
1212	1212	the state's attorneys, assistant state's attorneys and deputy assistant 995
1213	1213	state's attorneys, the Board of Pardons and Paroles, the Chief Medical 996
1214	1214	Examiner and the Office of the Victim Advocate. "Criminal justice 997
1215	1215	agency" includes any component of a public, noncriminal justice agency 998
1216	1216	if such component is created by statute and is authorized by law and, in 999
1217	1217	fact, engages in activities constituting the administration of criminal 1000
1218	1218	justice as its principal function. 1001
1219	1219	Raised Bill No. 403
1220	1220
1221	1221
1222	1222
1223	1223	LCO No. 2652 34 of 35
1224	1224
1225	1225	Sec. 37. Section 52-180b of the general statutes is repealed and the 1002
1226	1226	following is substituted in lieu thereof (Effective October 1, 2020): 1003
1227	1227	There shall be a rebuttable presumption against admission of 1004
1228	1228	evidence of the prior criminal conviction of an applicant or employee in 1005
1229	1229	an action alleging that an employer has been negligent in hiring an 1006
1230	1230	applicant or retaining an employee, or in supervising the employer's 1007
1231	1231	agent, representative or designee with respect to hiring an applicant or 1008
1232	1232	retaining an employee, if the applicant or employee held a valid 1009
1233	1233	provisional pardon or certificate of rehabilitation at the time such 1010
1234	1234	alleged negligence occurred and a party establishes, by a preponderance 1011
1235	1235	of the evidence, that the employer knew that the applicant or employee 1012
1236	1236	held a valid provisional pardon or certificate of rehabilitation at the time 1013
1237	1237	such alleged negligence occurred. For the purposes of this section, 1014
1238	1238	"employer" has the same meaning as provided in section [31-51i] 12 of 1015
1239	1239	this act. 1016
1240	1240	This act shall take effect as follows and shall amend the following
1241	1241	sections:
1242	1242
1243	1243	Section 1 July 1, 2020 54-124a(l)
1244	1244	Sec. 2 October 1, 2020 54-130a
1245	1245	Sec. 3 October 1, 2021 54-142a
1246	1246	Sec. 4 October 1, 2020 54-142d
1247	1247	Sec. 5 October 1, 2021 New section
1248	1248	Sec. 6 October 1, 2020 54-142e
1249	1249	Sec. 7 July 1, 2020 29-11(c)
1250	1250	Sec. 8 from passage 18-82
1251	1251	Sec. 9 July 1, 2020 New section
1252	1252	Sec. 10 October 1, 2021 54-142e(a)
1253	1253	Sec. 11 October 1, 2021 54-142k(d)
1254	1254	Sec. 12 October 1, 2020 New section
1255	1255	Sec. 13 October 1, 2020 46a-51(7) and (8)
1256	1256	Sec. 14 October 1, 2020 New section
1257	1257	Sec. 15 October 1, 2020 New section
1258	1258	Sec. 16 October 1, 2020 8-265c
1259	1259	Sec. 17 October 1, 2020 8-315
1260	1260	Raised Bill No. 403
1261	1261
1262	1262
1263	1263
1264	1264	LCO No. 2652 35 of 35
1265	1265
1266	1266	Sec. 18 October 1, 2020 31-51i
1267	1267	Sec. 19 October 1, 2020 New section
1268	1268	Sec. 20 October 1, 2020 New section
1269	1269	Sec. 21 October 1, 2020 New section
1270	1270	Sec. 22 October 1, 2020 New section
1271	1271	Sec. 23 October 1, 2020 New section
1272	1272	Sec. 24 October 1, 2020 New section
1273	1273	Sec. 25 October 1, 2020 New section
1274	1274	Sec. 26 October 1, 2020 New section
1275	1275	Sec. 27 October 1, 2020 New section
1276	1276	Sec. 28 October 1, 2020 10a-6(b)
1277	1277	Sec. 29 October 1, 2020 New section
1278	1278	Sec. 30 October 1, 2020 38a-358
1279	1279	Sec. 31 October 1, 2020 38a-447
1280	1280	Sec. 32 October 1, 2020 46a-74
1281	1281	Sec. 33 October 1, 2020 46a-79
1282	1282	Sec. 34 October 1, 2020 46a-80
1283	1283	Sec. 35 October 1, 2020 46a-81(a)
1284	1284	Sec. 36 October 1, 2020 54-142g(b)
1285	1285	Sec. 37 October 1, 2020 52-180b
1286	1286
1287	1287	Statement of Purpose:
1288	1288	To (1) require certain training to members of the Board of Pardons and
1289	1289	Paroles and to require the board to provide a written explanation when
1290	1290	denying a pardon, to streamline record erasure in the case of
1291	1291	misdemeanors and certain felonies, (2) waive certain fees for applicants
1292	1292	for a pardon, (3) allow for appointment of a deputy warden to serve as
1293	1293	director of reentry services, (4) establish a reentry employment advisory
1294	1294	committee, and (5) prohibit discrimination against a person based on
1295	1295	such person's erased criminal history record information.
1296	1296
1297	1297	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1298	1298	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1299	1299	underlined.]