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the general statutes is repealed and the following is substituted in lieu 2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 Section 54-130a of the general statutes is repealed and the 30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