Researcher: DC Page 1 4/22/21
OLR Bill Analysis
sHB 6594
AN ACT CONCERNING THE CRIMINAL JUSTICE PROCESS.
TABLE OF CONTENTS:
§ 1 ─ DEPOSITIONS FOR THOSE INFIRM AND AGE 75 AND OLDER
Allows the state to depose individuals who are infirm and age 75 and older in certain
trials
§§ 2 & 3 ─ SOLICITING SEXUAL ACTS
Changes "patronizing a prostitute" to "soliciting sexual acts"
§§ 4-8 ─ TRANSFER OF CERTAIN CIVIL DUTIES TO ATTORNEY
GENERAL FROM DIVISION OF CRIMINAL JUSTICE
Transfers several civil duties from DCJ to the attorney general, including investigations to
remove a town clerk or treasurer and civil actions to recover certain penalties, forfeitures,
and fines for the state; eliminates the requirement that the chief state’s attorney establish
a bond forfeiture unit
§ 9 ─ PENSION REVOCATION NOTICE
Requires prosecutors to notify the attorney general of certain proceedings involving
pension revocation for public employees and eliminates this notice requirement for federal
court proceedings
§ 10 ─ VENDOR FRAUD
Expands the definition of vendor fraud to include instances where the person has intent to
defraud the state or the beneficiary and has knowledge of an event that would result in
lower benefit payments
§ 11 ─ ELECTRONIC STALKING
Increases the penalty for electronic stalking and requires a person to intentionally take
certain actions to be considered guilty
§ 12 ─ INTIMATE IMAGES
Specifies what is considered “harm” for distributing intimate images; prohibits
dissemination when the other person is not identifiable but there is other identifying
information included; and increases the penalty when dissemination is to more than one
person over certain electronic platforms
§ 13 ─ SENTENCING PERSISTENT OFFENDERS
Limits the look-back period for controlled substance possession and certain felonies to 10
years for persistent offenders and expands the exemption for these felony offenders to
include class E felonies
§§ 14-21 ─ FEE WAIVERS FOR DIVERSIONARY PROGRAMS OR
TREATMENTS 2021HB-06594-R000580-BA.DOCX
Researcher: DC Page 2 4/22/21
Waives, for certain indigent individuals a public defender represents, the fee for certain
diversionary programs and treatments and prohibits courts from requiring community
service in lieu of any fees for indigent persons
§§ 17 & 22 ─ NARCOTIC DRUG STORAGE
Adds a penalty for failure to keep a narcotic in the original container and allows violators
to take the pretrial drug education and community service program
§ 23 ─ FINE FOR FAILING TO PAY OR ACT FOR CERTAIN
INFRACTIONS OR VIOLATIONS
Reduces certain penalties when a person fails to pay or respond to infractions or
violations
§ 24 ─ PRE-SENTENCE CONFINEMENT CREDIT
Allows for pre-sentence confinement credit on concurrent sentences and that consecutive
sentences are only counted once
§§ 25-27 ─ SALE OR POSSESSION OF DRUGS IN DRUG-FREE ZONES
Reduces the (1) scope of laws enhancing the penalties for illegal drug activities in drug-
free zones and (2) size of these zones from 1,500 to 200 feet
§ 28 ─ SENTENCE MODIFICATIONS
Expands eligibility for sentence modification by allowing the court, without an agreement
between the defendant and the state, to modify sentences, including those under plea
agreements with seven years or less of actual incarceration
EFFECTIVE DATE: October 1, 2021, except the sentence modification
provisions (§ 28) are effective upon passage.
§ 1 ─ DEPOSITIONS FO R THOSE INFIRM AND A GE 75 AND
OLDER
Allows the state to depose individuals who are infirm and age 75 and older in certain
trials
The bill allows the state to ask the Superior Court or judge to depose
witnesses who are infirm and age 75 and older in any case involving
an offense where the punishment may be imprisonment of more than
one year.
Current law allows these witness depositions to be taken before a
commissioner or magistrate that the court or judge designates. The bill
also allows these depositions to be before a judge. As under existing
law, depositions occur if it appears the witness’s testimony will be
required at trial and he or she will be unable to testify at trial.
§§ 2 & 3 ─ SOLICITING SEXUAL ACTS
Changes "patronizing a prostitute" to "soliciting sexual acts" 2021HB-06594-R000580-BA.DOCX
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The bill changes the crime of “patronizing a prostitute” to
“soliciting sexual acts.”
§§ 4-8 ─ TRANSFER OF CERT AIN CIVIL DUTIES TO ATTORNEY
GENERAL FROM DIVISIO N OF CRIMINAL JUSTICE
Transfers several civil duties from DCJ to the attorney general, including investigations
to remove a town clerk or treasurer and civil actions to recover certain penalties,
forfeitures, and fines for the state; eliminates the requirement that the chief state’s attorney
establish a bond forfeiture unit
The bill transfers several civil duties from the Division of Criminal
Justice (DCJ) to the Attorney General’s Office.
Investigations to Remove Town Clerks and Treasurers (§§ 4 & 5)
The bill transfers the requirement that a state’s attorney investigate
a town clerk or treasurer for removal, to the attorney general. As under
current law for state’s attorneys, the bill requires the attorney general
to, among other things, investigate charges of misconduct, willful and
material neglect of duty, or incompetent conduct. Additionally, the
attorney general has the power to, among other things, summon
witnesses, require the production of necessary documents, and
represent the state in removal hearings.
Fines and Forfeitures (§§ 6-8)
The bill transfers, from the state’s attorney to the attorney general,
(1) the responsibility to collect and pay to the state treasurer any
forfeitures that accrue to the state and (2) the ability to bring a civil
action to recover certain statutorily imposed penalties, forfeitures, and
fines for the state. By law, all Superior Court-imposed fines, forfeitures,
and penalties, unless the law otherwise specifies, belong to the state.
The bill eliminates the requirement that the chief state’s attorney (1)
establish a bond forfeiture unit within DCJ and (2) develop uniform
standards for compromising and settling forfeited bonds on a
statewide basis. Under current law, the unit is responsible for
collecting all forfeited bonds to the state and can compromise and
settle forfeited bonds for a lesser amount.
§ 9 ─ PENSION REVOCATION NOTICE 2021HB-06594-R000580-BA.DOCX
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Requires prosecutors to notify the attorney general of certain proceedings involving
pension revocation for public employees and eliminates this notice requirement for federal
court proceedings
Under current law, the attorney general must notify the prosecutor
when the defendant in a state or federal court criminal proceeding is a
public official or state or municipal employee charged with a crime
related to his or her office for purposes of pension revocation. The bill
instead requires the prosecutor to notify the attorney general of the
proceeding and eliminates the requirement for this notice for federal
court proceedings. It also requires the attorney general to pursue the
remedies under the pension revocation law (e.g., fines, restitutions, or
other monetary orders paid from the official’s or employee’s pension).
§ 10 ─ VENDOR FRAUD
Expands the definition of vendor fraud to include instances where the person has intent to
defraud the state or the beneficiary and has knowledge of an event that would result in
lower benefit payments
Under current law, vendor fraud is when a person, acting on their
own or on an entity’s behalf, provides goods or services to public
assistance beneficiaries (including Medicaid) with the intent to defraud
either the state or the beneficiary. The bill expands the circumstances
that constitute vendor fraud to include instances where the person has
knowledge of the occurrence of any event affecting (1) his or her initial
or continued right to the benefit or payment, or (2) the initial or
continued right to the benefit or payment of any beneficiary he or she
applied for or is receiving the benefit or payment for, and the person
conceals or does not disclose the event intending to fraudulently
secure the benefit or payment either in a greater amount or quantity
than is due or when no benefit or payment is allowed.
By law, there are six degrees of vendor fraud, with penalties ranging
from a class C misdemeanor (punishable by up to three months
imprisonment, up to a $500 fine, or both) to a class B felony
(punishable by up to 20 years imprisonment, up to a $15,000 fine, or
both), depending on the amount of goods or services involved.
§ 11 ─ ELECTRONIC STALKING 2021HB-06594-R000580-BA.DOCX
Researcher: DC Page 5 4/22/21
Increases the penalty for electronic stalking and requires a person to intentionally take
certain actions to be considered guilty
Under current law, a person is guilty of electronic stalking when he
or she recklessly causes another person to reasonably fear for his or her
physical safety by willfully and repeatedly using a global positioning
system or similar electronic monitoring system to remotely determine
or track the person’s position or movement. The bill instead requires a
person to intend to kill, injure, harass, intimidate, or place under
surveillance another person or use an interactive computer service or
electronic communication service, electronic communication system,
or electronic monitoring system to (1) place the other person or the
other person’s immediate family member or intimate partner in a
reasonable fear of death of or serious bodily injury or (2) cause,
attempt to cause, or be reasonably expected to cause substantial
emotional distress to the other person.
The bill increases the penalty from a class B misdemeanor
(punishable by up to six months imprisonment, up to a $1,000 fine, or
both) to a class D felony (punishable by up to five years imprisonment,
up to a $5,000 fine, or both).
§ 12 ─ INTIMATE IMAGES
Specifies what is considered “harm” for distributing intimate images; prohibits
dissemination when the other person is not identifiable but there is other identifying
information included; and increases the penalty when dissemination is to more than one
person over certain electronic platforms
“Harm”
By law, a person is guilty of unlawful dissemination of an intimate
image when the person intentionally disseminates an intimate image
without the other person’s consent, knowing that the other person
believed the image would not be disseminated, and the other person
suffers harm because of the dissemination.
The bill specifies “harm” includes subjecting the other person to
hatred, contempt, ridicule, physical or financial injury, psychological
harm, or serious emotional distress.
Identifiable Information 2021HB-06594-R000580-BA.DOCX
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Under current law, there are certain circumstances where
disseminating these images is not a crime, including, among others,
when the other person is not clearly identifiable. But under the bill, the
exemption does not apply if there is personally identifying information
associated with or accompanying the image.
Increased Penalty
The bill increases the penalty, from a class A misdemeanor
(punishable by up to one year imprisonment, up to a $2,000 fine, or
both) to a class D felony if the unlawful dissemination is to more than
one person by means of an interactive computer service, an
information service, or a telecommunications service.
Under the bill, “interactive computer service” means any
information service, system, or access software provider that provides
or enables computer access by multiple users to a computer server,
including a service or system that provides access to the Internet, and
the systems libraries or educational institutions operate or offer
services for (47 U.S.C. § 230).
“Information service” means the offering of a capability for
generating, acquiring, storing, transforming, processing, retrieving,
utilizing, or making available information via telecommunications,
and includes electronic publishing, but excludes any use of any such
capability for managing, controlling, or operating a
telecommunications system or managing a telecommunications service
(47 U.S.C. § 153).
“Telecommunications service” means any transmission in one or
more geographic areas (1) between or among points the user specifies;
(2) of information of the user’s choosing; (3) without change in the
information’s form or content as sent and received; (4) by
electromagnetic transmission means, including fiber optics,
microwave, and satellite; (5) with or without benefit of any closed
transmission medium; and (6) including all instrumentalities, facilities,
apparatus, and services, except customer premises equipment, which
are used for collecting, storing, forwarding, switching, and delivering 2021HB-06594-R000580-BA.DOCX
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such information and are essential to the transmission (CGS § 16-247a).
§ 13 ─ SENTENCING PERSISTENT OFFENDERS
Limits the look-back period for controlled substance possession and certain felonies to 10
years for persistent offenders and expands the exemption for these felony offenders to
include class E felonies
By law, to be considered a persistent offender a person must (1)
stand convicted of certain crimes and (2) have a prior conviction of
certain crimes. The bill limits the look-back period for qualifying
felonies for prior convictions to 10 years for controlled substance
possession violations and certain felonies.
Under current law, a persistent offender for possession of a
controlled substance is someone convicted of a controlled substance
possession violation who has two prior controlled subs tance
possession convictions. The bill limits the look-back to 10 years.
Under current law, a persistent felony offender is someone
convicted of a felony, other than a class D felony, and who has been
convicted twice previously of these felonies. The bill (1) extends the
exemption to also include class E felonies (punishable by up to three
years imprisonment, up to a $3,500 fine, or both) and (2) limits the
look-back period to 10 years.
§§ 14-21 ─ FEE WAIVERS FOR DIVERSIONARY PROGRAM S OR
TREATMENTS
Waives, for certain indigent individuals a public defender represents, the fee for certain
diversionary programs and treatments and prohibits courts from requiring community
service in lieu of any fees for indigent persons
Fee Waivers
For individuals, and students’ parents or guardians, as applicable,
who are indigent and eligible for a public defender, the bill waives the
fees for certain diversionary programs. In certain programs, it also
eliminates the requirement that good cause be shown or that the fee
would cause economic hardship. The bill waives the fees for the
following programs:
1. community service labor program (CGS § 53a-39c), 2021HB-06594-R000580-BA.DOCX
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2. accelerated pretrial rehabilitation (CGS § 54-56e),
3. pretrial alcohol education programs for certain motor vehicle
violations (CGS § 54-56g),
4. pretrial drug education and community service program for
certain dependency-producing drug offenses (CGS § 54-56i),
5. pretrial school violence prevention program (CGS § 54-56j), and
6. pretrial family violence education program (CGS § 46b-38c).
Under existing law, indigent individuals are exempt from these
program fees upon the filing of indigent status, its confirmation, and
entering the finding.
The bill prohibits anyone from being denied a Department of
Mental Health and Addiction Services clinical examiner examination
due to inability to pay the associated fees or costs of the exam or
program. The bill waives the fees though the processes described
above.
Under current law, a person granted suspended prosecution for
drug or alcohol dependence treatment may be deemed indigent if the
court determines the person has an estate insufficient to provide for
the person’s support or there is no other person legally liable or able to
support the person. The bill also allows individuals to be deemed
indigent if they have been determined indigent and eligible for a
public defender to be appointed on their behalf.
The bill makes minor, technical, and conforming changes.
Community Service Prohibition
Additionally, the bill prohibits the court from requiring community
service in lieu of paying the fee if waived for any of the programs
described above.
§§ 17 & 22 ─ NARCOTIC DRUG STORAGE 2021HB-06594-R000580-BA.DOCX
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Adds a penalty for failure to keep a narcotic in the original container and allows violators
to take the pretrial drug education and community service program
Penalty
By law, a person who legally has any narcotic drug may only
possess it in the container was delivered in. The bill makes anyone
who fails to do this guilty of a class D misdemeanor (punishable by up
to 30 days imprisonment, up to a $250 fine, or both). Under current
law, a person violating a dependency-producing drug provision
without a specified penalty is subject to, for (1) a first offense, a fine of
up to $3,500, imprisonment of up to two years, or both; and (2) any
subsequent offense, a class C felony (punishable by up to 10 years
imprisonment, up to a $10,000 fine, or both).
The bill’s penalties do not apply to anyone who in good faith places
the narcotic in either a (1) pill box, case, or organizer stored within his
or her residence, or (2) secured or locked pill box, case, or organizer, if
these objects are accompanied by proof of the person’s prescription.
Pretrial Drug Education and Community Service Program
The bill allows certain individuals charged with improper storage to
take the pretrial drug education and community service program. As
under existing law, individuals are generally ineligible to participate if
they have already previously participated twice in this program, or its
predecessor or community service programs. The program has a $100
application fee, $150 evaluation fee, and $600 program fee, unless
waived (see above).
Among other things, the program consists of 15 sessions of drug
education, at least 15 sessions of substance abuse treatment, and
community service. As under existing law, if a person successfully
completes the program, the court dismisses the charges, but those who
do not complete the program must return to court to face the original
charges.
§ 23 ─ FINE FOR FAIL ING TO PAY OR ACT FO R CERTAIN
INFRACTIONS OR VIOLATIONS
Reduces certain penalties when a person fails to pay or respond to infractions or violations 2021HB-06594-R000580-BA.DOCX
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Under current law, a person charged with an infraction who fails to
pay the fine and additional fee, fails to send in a plea of not guilty by
the answer date, or willfully fails to appear at a required scheduled
court appearance date is guilty of a class C misdemeanor. But for
certain infractions or violations, failing to pay the fine and fees, failing
to send in a timely plea, or willfully failing to appear in court is a class
A misdemeanor. The bill reduces these penalties to an unclassified
misdemeanor for which violators may be subject to up to 10 days
imprisonment.
§ 24 ─ PRE-SENTENCE CONFINEMENT CREDIT
Allows for pre-sentence confinement credit on concurrent sentences and that consecutive
sentences are only counted once
Under the bill, anyone who is confined in a community correctional
center or a correctional institution for an offense committed on or after
October 1, 2021, under a mittimus (an order to arrest and bring a
person before the court) or because the person is unable to obtain bail
or is denied bail, must, if subsequently imprisoned, have their sentence
reduced by the number of days they spent in pre-sentence
confinement.
In calculating these credits, each day of pre-sentence confinement is
counted (1) equally in reducing any concurrent sentence imposed for
any offense pending at the time the sentence was imposed, but (2) only
once in reducing any imposed consecutive sentence.
These provisions apply only to people whose inability to obtain bail
or bail denial is the sole reason for their presentence confinement.
However, if a person is imprisoned at the same time he or she is in
presentence confinement on another charge and the conviction for the
imprisonment is reversed on appeal, the person is entitled, in any
subsequent sentencing, to a reduction based on the presentence
confinement.
Under the bill, in the case of a fine, each day spent confined before
sentencing is credited against the sentence at a per diem rate equal to
the average daily cost of incarceration as the correction commissioner 2021HB-06594-R000580-BA.DOCX
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determines.
§§ 25-27 ─ SALE OR POSSESS ION OF DRUGS IN DRUG -FREE
ZONES
Reduces the (1) scope of laws enhancing the penalties for illegal drug activities in drug-
free zones and (2) size of these zones from 1,500 to 200 feet
This bill reduces the scope of laws enhancing the penalties for illegal
drug activities near schools, licensed child care centers, and public
housing projects (i.e., drug-free zones). It reduces the size of these
zones from 1,500 to 200 feet and specifies that they are measured from
the perimeter of the property.
The bill also provides that for the enhanced penalty to apply for
some of these crimes, the offender must commit the crime with the
intent to do so in a specific location which the trier of fact (i.e., the jury
or judge) determines is within the zone. This applies to violations
involving drug paraphernalia or illegal drug sales and related crimes
(such as possession with intent to sell), but not to illegal possession. To
the extent this provision applies to illegal drug sales and related
crimes, it codifies case law (see Background- Related Cases).
Drug-free zones, which the bill reduces from 1,500 to 200 feet,
generally require a mandatory sentence, in addition and consecutive to
any prison term imposed for the underlying crime, as follows:
1. one year for various drug paraphernalia crimes near a public or
private elementary or secondary school when the defendant is
not enrolled as a student there;
2. class A misdemeanor with a required prison and probation
sentence for possessing illegal drugs near a public or private
elementary or secondary school when the defendant is not
enrolled as a student there, or near a licensed child care center
identified by a conspicuous sign; or
3. three years for selling illegal drugs, transporting or possessing
them with intent to sell, or related crimes near a (a) public or
private elementary or secondary school, (b) licensed child care 2021HB-06594-R000580-BA.DOCX
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center identified by a conspicuous sign, or (c) public housing
project.
Exceptions to Enhanced Penalties; Departing From a Mandatory
Minimum
By law, the enhanced penalties do not apply to (1) drug
paraphernalia-related actions involving less than one-half ounce of
marijuana or (2) possessing less than one-half ounce of marijuana.
Also, judges can impose less than the law’s mandatory minimum
sentence under the laws described above when no one was hurt during
the crime and the defendant (1) did not use or attempt or threaten to
use physical force; (2) was unarmed; and (3) did not threaten to use or
suggest that he or she had a firearm, other deadly weapon, or other
instrument that could cause death or serious injury. Defendants must
show good cause and can invoke these provisions only once. Judges
must state at sentencing hearings their reasons for (1) imposing the
sentence and (2) departing from the mandatory minimum (CGS § 21a-
283a).
Background - Related Cases
In a series of cases, the Connecticut Supreme Court has interpreted
the statute setting enhanced penalties for drug sales and related crimes
in drug-free zones as requiring the state to prove that the defendant
intended to sell drugs at a specific location within such a zone. The
state does not have to prove that the defendant knew that the location
was within such a zone (see State v. Denby, 235 Conn. 477 (1995); State
v. Hedge, 297 Conn. 621 (2010); State v. Lewis, 303 Conn. 760 (2012)).
§ 28 ─ SENTENCE MODIFICATIONS
Expands eligibility for sentence modification by allowing the court, without an agreement
between the defendant and the state, to modify sentences, including those under plea
agreements with seven years or less of actual incarceration
The bill expands eligibility for sentence modification (i.e., sentence
reduction, defendant discharge, or placement of the defendant on
probation or conditional discharge). Current law requires both the
defendant and prosecutors to agree for the court to hold a modification
hearing when the defendant’s entire sentence exceeds three years. 2021HB-06594-R000580-BA.DOCX
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The bill allows the court, without an agreement between the
defendant and the state, to modify plea agreements, including those
with an agreed upon sentence range, which include seven years or less
of actual incarceration. The bill requires such an agreement if the plea
is over seven years. As under existing law, there must be a hearing and
good cause shown. In addition, the bill allows defendants whose
sentence is a result of a trial to move for sentence modification without
an agreement, regardless of sentence length.
The bill prohibits the defendant from filing a subsequent motion for
relief under these provisions until five years after the date of the most
recent decision denying him or her relief by a sentence reduction or
discharge.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 32 Nay 5 (04/05/2021)