O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-102—sHB 6594
Judiciary Committee
Appropriations Committee
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 people 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 & 5 — INVESTIGATIONS TO REMOVE TOWN CLERKS AND
TREASURERS
Requires that the attorney general, rather than the state’s attorneys, investigate a town clerk or
treasurer for removal
§ 6 — PENSION REVOCATION NOTICE
Requires (1) prosecutors to notify the attorney general of certain proceedings involving pension
revocation for public employees and eliminates a similar notice requirement for federal court
proceedings and (2) the attorney general to pursue pension revocation remedies for state court
proceedings
§ 7 — 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
§ 8 — ELECTRONIC STALKING
Increases the penalty for electronic stalking and broadens the definition of the crime
§ 9 — INTIMATE IMAGES
Specifies what is considered “harm” for distributing intimate images; prohibits dissemination
when the other person is not identifiable, but other identifying information is included; and
increases the penalty when dissemination is to more than one person over certain electronic
platforms
§ 10 — SENTENCING PERSISTENT OFFENDERS
Limits the look-back period for controlled substance possession and certain felonies to 10 years
for persistent offenders and extends the exemption for these felony offenders to include class E
felonies
§§ 11-18 — FEE WAIVERS FOR DIVERSIONARY PROGRAMS OR
TREATMENTS
Waives, for certain indigent individuals represented by a public defender, the fee for certain
diversionary programs and treatments and prohibits courts from requiring community service
instead of any fees for indigent individuals O L R P U B L I C A C T S U M M A R Y
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§§ 14 & 19 — NARCOTIC DRUG STORAG E
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
§ 20 — 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
§ 21 — PRE-SENTENCE CONFINEMENT CREDIT
Allows for pre-sentence confinement credit on concurrent sentences and provides that consecutive
sentences are only counted once
§§ 22-24 — 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
§ 25 — 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 (§ 25) are effective upon passage.
§ 1 — DEPOSITIONS FOR THOSE INFIRM AND AGE 75 AND OLDER
Allows the state to depose people who are infirm and age 75 and older in certain trials
Existing law allows defendants to ask a Superior Court judge or the court to
depose a witness if it appears the witness’s testimony will be required at trial and
he or she will be unable to testify. The act additionally allows this for witnesses
who are infirm and age 75 or older in any case involving an offense where the
punishment may be imprisonment of more than one year.
Prior law allowed witness depositions to be taken before a commissioner or
magistrate that the court or judge designated. The act also allows these
depositions to be before a judge.
§§ 2 & 3 — SOLICITING SEXUAL ACTS
Changes “patronizing a prostitute” to “soliciting sexual acts”
The act changes the crime of “patronizing a prostitute” to “soliciting sexual
acts.”
§§ 4 & 5 — INVESTIGATIONS TO RE MOVE TOWN CLERKS AND
TREASURERS
Requires that the attorney general, rather than the state’s attorneys, investigate a town clerk or
treasurer for removal O L R P U B L I C A C T S U M M A R Y
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The act transfers from the state’s attorneys to the attorney general the
responsibility for investigating a town clerk or treasurer for removal. As under
prior law for state’s attorneys, the act 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.
§ 6 — PENSION REVOCATION NOTICE
Requires (1) prosecutors to notify the attorney general of certain proceedings involving pension
revocation for public employees and eliminates a similar notice requirement for federal court
proceedings and (2) the attorney general to pursue pension revocation remedies for state court
proceedings
Prior law required the attorney general to notify the prosecutor of the
existence of the pension revocation law when the defendant in a state or federal
court criminal proceeding was a public official or state or municipal employee
charged with a crime related to his or her office. The act instead requires the
prosecutor to notify the attorney general of the proceeding and eliminates the
notice requirement for federal court proceedings. For state court proceedings, the
act also requires the attorney general to pursue the remedies under the pension
revocation law (e.g., fines, restitution, or other monetary orders paid from the
official’s or employee’s pension).
§ 7 — 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 existing law, a person commits vendor fraud when the person, acting
on his or her own or on an entity’s behalf, provides goods or services to public
assistance beneficiaries (including Medicaid) under certain circumstances with the
intent to defraud either the state or the beneficiary. The act 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 to a class B felony (see Table on Penalties), depending on
the amount of goods or services involved.
§ 8 — ELECTRONIC STALKING O L R P U B L I C A C T S U M M A R Y
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Increases the penalty for electronic stalking and broadens the definition of the crime
Under prior law, a person was guilty of electronic stalking when he or she
recklessly caused 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 act generally broadens the crime’s definition to intending to kill,
injure, harass, or intimidate another person by using an interactive computer
service or electronic communication service, electronic communication system, or
electronic monitoring system to place the other person under surveillance or
engage in other conduct that (1) places the other person or their immediate family
member or intimate partner in a reasonable fear of death or serious bodily injury
or (2) causes, attempts to cause, or is reasonably expected to cause substantial
emotional distress to these individuals.
Under the act, an “immediate family member” means (1) a person’s spouse,
parent, brother, sister, or child, or the person to whom the person stands in loco
parentis (i.e., in place of a parent) or (2) any person living in the household and
related to the person by blood or marriage. “Intimate partner” means a (1) former
spouse; (2) person who has a child in common with the person regardless of
whether he or she is or has been married or are living or have lived together at any
time; or (3) person in, or who has recently been in, a dating relationship with the
person.
The act increases the penalty from a class B misdemeanor to a class D felony.
§ 9 — INTIMATE IMAGES
Specifies what is considered “harm” for distributing intimate images; prohibits dissemination
when the other person is not identifiable, but other identifying information is 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 act specifies that “harm” includes subjecting the other person to hatred,
contempt, ridicule, physical or financial injury, psychological harm, or serious
emotional distress.
Identifiable Information
Under prior law, there were certain circumstances where disseminating these
images was not a crime, including, among others, when the other person is not
clearly identifiable. But under the act, the exemption does not apply if there is O L R P U B L I C A C T S U M M A R Y
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personally identifying information associated with or accompanying the image.
Increased Penalty
The act increases the penalty, from a class A misdemeanor 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 act, “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 such information and
are essential to the transmission (CGS § 16-247a).
§ 10 — SENTENCING PERSISTENT OFFENDERS
Limits the look-back period for controlled substance possession and certain felonies to 10 years
for persistent offenders and extends 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
act limits the look-back period for qualifying felonies for prior convictions to 10
years for controlled substance possession violations and certain other felonies and
extends the exemption to include class E felonies.
Under prior law, a persistent offender for possession of a controlled substance
was someone convicted of a controlled substance possession violation who had
two prior controlled substance possession convictions. The act limits the look-
back to 10 years.
Under prior law, a persistent felony offender was someone convicted of a
felony, other than a class D felony, who has been convicted twice before of these
felonies. The act (1) extends the exemption to also include class E felonies and (2) O L R P U B L I C A C T S U M M A R Y
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limits the look-back period to 10 years.
§§ 11-18 — FEE WAIVERS FOR DIVE RSIONARY PROGRAMS OR
TREATMENTS
Waives, for certain indigent individuals represented by a public defender, the fee for certain
diversionary programs and treatments and prohibits courts from requiring community service
instead of any fees for indigent individuals
Fee Waivers
For individuals, including students’ parents or guardians, as applicable, who
are indigent and eligible for a public defender, the act waives the fees for certain
diversionary programs. In some programs, it also eliminates the requirement that
good cause be shown or that the fee would cause economic hardship. The act
waives the fees for the following programs:
1. community service labor (CGS § 53a-39c),
2. accelerated pretrial rehabilitation (CGS § 54-56e),
3. pretrial alcohol education for certain motor vehicle violations (CGS § 54-
56g),
4. pretrial drug education and community service for certain dependency-
producing drug offenses (CGS § 54-56i),
5. pretrial school violence prevention (CGS § 54-56j), and
6. pretrial family violence education (CGS § 46b-38c).
Under existing law, indigent individuals are exempt from these program fees
upon the filing of indigent status, its confirmation, and entering of the finding.
The act prohibits anyone from being denied a Department of Mental Health
and Addiction Services clinical examination to determine alcohol or drug
dependency due to inability to pay the associated fees or costs of the exam or
program. It waives the fees through the processes described above.
Under prior law, a person granted suspended prosecution for drug or alcohol
dependence treatment could be deemed indigent if the court determined the
person had an estate insufficient to provide for the person’s support or there was
no other person legally liable or able to support them. The act 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 act makes minor, technical, and conforming changes.
Community Service Prohibition
Additionally, the act prohibits the court from requiring community service
instead of paying the fee if waived for any of the programs described above.
§§ 14 & 19 — 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
O L R P U B L I C A C T S U M M A R Y
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Penalty
By law, a person who legally has any narcotic drug may only possess it in the
container in which it was delivered. The act makes anyone who fails to do this
guilty of a class D misdemeanor. Under prior law, a person who violated a
dependency-producing drug provision without a specified penalty was 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.
The act’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 act 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). (PA 21-1, June Special Session (JSS), §§
166 & 169, sunsets this pretrial program but establishes a similar program for
people charged with drug possession, paraphernalia, and narcotic storage crimes.)
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.
§ 20 — 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
Under prior law, a person charged with an infraction who failed to pay the
fine and additional fee, failed to send in a plea of not guilty by the answer date, or
willfully failed to appear at a required scheduled court appearance date was 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 was a class A misdemeanor. The act reduces these penalties to an
unclassified misdemeanor for which violators may be subject to up to 10 days’
imprisonment.
§ 21 — PRE-SENTENCE CONFINEMENT CREDIT
Allows for pre-sentence confinement credit on concurrent sentences and provides that consecutive
sentences are only counted once O L R P U B L I C A C T S U M M A R Y
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Under existing law, anyone who was confined in a community correctional
center or a correctional institution for an offense, 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 under the act for offenses committed on or after
October 1, 2021, 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. Prior law allowed the credit to be counted only once for reducing all
sentences.
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 act, in the case of a fine, each day spent confined before sentencing
is credited against the sentence at a per day rate equal to the average daily cost of
incarceration as the correction commissioner determines.
§§ 22-24 — 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
The act reduces the scope of laws enhancing the penalties for illegal drug
activities near schools, licensed childcare 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 act also provides that for the enhanced penalty to apply for 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. To the
extent this provision applies to illegal drug sales and related crimes, it codifies
case law (e.g., State v. Denby, 235 Conn. 477 (1995)).
Drug-free zones, which the act 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 there
as a student;
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 there as a student, 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 O L R P U B L I C A C T S U M M A R Y
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intent to sell, or related crimes near a (a) public or private elementary or
secondary school, (b) licensed childcare center identified by a conspicuous
sign, or (c) public housing project.
Exceptions to Enhanced Penalties; Departing From a Mandatory Minimum
Under PA 21-1, JSS, §§ 2 & 4, the enhanced penalties do not apply to (1) drug
paraphernalia-related actions involving cannabis or (2) possessing cannabis.
By law, 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).
§ 25 — 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 act expands eligibility for sentence modification (i.e., sentence reduction,
defendant discharge, or placement of the defendant on probation or conditional
discharge). Prior law required both the defendant and prosecutors to agree for the
court to hold a modification hearing when the defendant’s entire sentence
exceeded three years.
The act 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 act 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 act allows defendants
whose sentence is a result of a trial to move for sentence modification without an
agreement, regardless of sentence length.
The act 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.