LCO No. 5980 1 of 4 3/24/2021 9:26:14 AM 3/24/2021 9:22:42 AM 3/24/2021 9:21:41 AM 3/24/2021 9:19:24 AM General Assembly Raised Bill No. 6669 January Session, 2021 LCO No. 5980 Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT CONCERNING JU VENILES AND MOTOR VE HICLE THEFT, INVESTIGATIONS OF CERTAIN PENDING JUVENILE MAT TERS AND REPORTING OF REQUEST S TO DETAIN ARRESTED JUVENILES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2021) (a) For purposes of this 1 section, "criminal act" means criminal act, as defined in section 53a-224 2 of the general statutes. 3 (b) A person is guilty of enticing a juvenile to commit a criminal act 4 if such person knowingly causes, encourages, solicits, recruits, 5 intimidates or coerces a person under eighteen years of age to commit 6 or participate in the commission of a criminal act. 7 (c) Enticing a juvenile to commit a criminal act is a class D felony. 8 Sec. 2. Subsection (k) of section 46b-133 of the general statutes is 9 repealed and the following is substituted in lieu thereof (Effective October 10 1, 2021): 11 (k) For purposes of subsections (c) and (e) of this section, a child may 12 LCO No. 5980 2 of 4 be determined to pose a risk to public safety if such child (1) has 13 previously been adjudicated as delinquent for or convicted of or pled 14 guilty or nolo contendere to two or more felony offenses, (2) has had 15 two or more prior dispositions of probation and is charged with 16 commission of a larceny under subdivision (3) of subsection (a) of 17 section 53a-122 or subdivision (1) of subsection (a) of section 53a-123 or 18 subdivision (1) of subsection (a) of section 53a-124, or (3) is charged with 19 the commission of a violent offense, including any offense committed 20 with or involving the use of a deadly weapon, as defined in section 53a-21 3, or a violation of section 53a-136a. 22 Sec. 3. (NEW) (Effective October 1, 2021) The court shall order any 23 child, as defined in section 46b-120 of the general statutes, who is 24 released into the custody of his or her parent or guardian after being 25 charged with a delinquency offense involving a motor vehicle, as 26 defined in section 46b-133j of the general statutes, for which such child 27 is not yet adjudicated as delinquent, who during the pendency of such 28 case, is charged with a subsequent delinquency offense involving a 29 motor vehicle to be electronically monitored by using a global 30 positioning system device until each such case is disposed of. 31 Sec. 4. Section 46b-6 of the general statutes is repealed and the 32 following is substituted in lieu thereof (Effective October 1, 2021): 33 In any pending family relations matter or juvenile matter under 34 chapter 815t in which the juvenile has previously been adjudicated as 35 delinquent for or convicted of or pled guilty or nolo contendere to a 36 felony offense and is charged with (1) commission of a larceny under 37 subdivision (3) of subsection (a) of section 53a-122, subdivision (1) of 38 subsection (a) of section 53a-123 or subdivision (1) of subsection (a) of 39 section 53a-124, (2) stealing a firearm under section 53a-212, or (3) the 40 commission of a violent offense, including any offense committed with 41 or involving the use of a deadly weapon, as defined in section 53a-3, or 42 a violation of section 53a-136a, the court or any judge may cause an 43 investigation to be made with respect to any circumstance of the matter 44 which may be helpful or material or relevant to a proper disposition of 45 LCO No. 5980 3 of 4 the case. Such investigation may include an examination of the 46 parentage and surroundings of any child, his age, habits and history, 47 inquiry into the home conditions, habits and character of his parents or 48 guardians and evaluation of his mental or physical condition. In any 49 action for dissolution of marriage, legal separation or annulment of 50 marriage such investigation may include an examination into the age, 51 habits and history of the parties, the causes of marital discord and the 52 financial ability of the parties to furnish support to either spouse or any 53 dependent child. 54 Sec. 5. (NEW) (Effective from passage) (a) The Judicial Branch shall 55 compile data concerning requests by an arresting police officer of a child 56 to detain such child pursuant to subdivision (3) of subsection (c) of 57 section 46b-133 of the general statutes. The Judicial Branch shall sort 58 such data by judicial district and categorize such data based on (1) how 59 many such requests were made, (2) how many such requests were 60 denied, and (3) the reasons for denying any such request. Any such data 61 shall be anonymized. 62 (b) Not later than January 15, 2022, and January fifteenth annually 63 thereafter, the Judicial Branch shall, in accordance with the provisions 64 of section 11-4a of the general statutes, report such sorted and 65 categorized data from the previous calendar year to the joint standing 66 committee of the General Assembly having cognizance of matters 67 relating to the judiciary. 68 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 New section Sec. 2 October 1, 2021 46b-133(k) Sec. 3 October 1, 2021 New section Sec. 4 October 1, 2021 46b-6 Sec. 5 from passage New section Statement of Purpose: To (1) establish the crime of enticing a juvenile to commit a criminal act, (2) employ other new strategies to discourage juvenile motor vehicle LCO No. 5980 4 of 4 theft, (3) allow for investigations of certain juvenile matters, and (4) require reporting concerning requests to the court to detain a child made by an arresting police officer. [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.]