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OLR Bill Analysis
sHB 6669
AN ACT CONCERNING JUVENILES AND MOTOR VEHICLE
THEFT, INVESTIGATIONS OF CERTAIN PENDING JUVENILE
MATTERS AND REPORTING OF REQUESTS TO DETAIN
ARRESTED JUVENILES.
SUMMARY
This bill makes various changes to laws related to juvenile motor
vehicle theft. Principally, it:
1. establishes the crime of “enticing a juvenile to commit a
criminal act” and makes it a class D felony, which is punishable
by up to a $5,000 fine, up to five years in prison, or both (§ 1);
2. expands the circumstances under which the juvenile court may
issue an order to detain a child to include when the child is
charged with certain violent offenses (§ 2);
3. requires the court to order a child to be monitored by a GPS
device if the child is (1) released into the custody of his or her
parent or guardian and (2) charged with a repeat motor vehicle-
related delinquency offense while the previous related charge is
still pending (§ 3);
4. allows the court to order certain investigations in pending
juvenile matters for juveniles charged with certain subsequent
felonies (e.g., 2
nd
and 3
rd
degree larceny involving a motor
vehicle) (§ 4); and
5. requires the Judicial Branch to compile and annually report to
the Judiciary Committee, starting by January 15, 2022, on
arresting officers’ requests for a court order to detain an
arrested child (§ 5).
EFFECTIVE DATE: October 1, 2021, except the Judicial Branch 2021HB-06669-R000600-BA.DOCX
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reporting requirement is effective upon passage.
§ 1 — ENTICE A JUVENILE TO COMMIT A CRIMINAL ACT
The bill establishes the crime of “enticing a juvenile to commit a
criminal act” and makes a violation a class D felony, which is
punishable by up to a $5,000 fine, up to five years in prison, or both.
Under the bill, a person is guilty of this crime if he or she is at least
age 18 and knowingly causes, encourages, solicits, recruits,
intimidates, or coerces a person under age 18 to commit or participate
in the commission of a criminal act.
§ 2 — RISK TO PUBLIC SAFETY
By law, the court may only order a child to be detained after he or
she is arrested for an alleged crime on certain grounds, including
probable cause to believe that the level of risk that the child poses to
public safety if released to the community cannot be managed in a less
restrictive setting.
The bill expands the circumstances under which the court may
make such a determination for these purposes to include if the child is
charged with (1) stealing a firearm; (2) committing a violent offense,
including one committed with or involving the use of a deadly
weapon; or (3) carjacking.
Under existing law, unchanged by the bill, a court may also make
this determination if the child:
1. has previously been adjudicated delinquent for or convicted of,
or pled guilty or nolo contendere to, two or more felony
offenses;
2. has had two or more prior probation dispositions; and
3. is charged with committing 1st, 2nd, or 3rd degree larceny
involving a motor vehicle.
As under existing law, in order to detain a child on this basis, the
court must additionally find that there is probable cause to believe that 2021HB-06669-R000600-BA.DOCX
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the child committed the alleged acts.
§ 3 — GPS MONITORING
The bill requires the court to order a child to be monitored by a GPS
device if the child is:
1. released into the custody of his or her parent or guardian after
being charged with a motor vehicle-related delinquency offense
and
2. charged with a subsequent related delinquency offense while
the previous related charge is still pending.
Under the bill, the electronic monitoring must continue until the
disposal of each delinquency proceeding.
§ 4 — INVESTIGATIONS IN PENDING JUVENILE MATTERS
The bill allows the court to order an investigation in certain pending
juvenile matters, in addition to pending family relations matters, as
under current law. Specifically, the court may issue such an order for a
juvenile previously adjudicated as delinquent for, convicted of, or who
pled guilty or nolo contendere to, a felony offense and is charged with:
1. 1
st
, 2
nd
, or 3
rd
degree larceny involving a motor vehicle;
2. stealing a firearm;
3. a violent offense, including with or involving use of a deadly
weapon; or
4. carjacking.
As under existing law for pending family relations matters, the
court may order an investigation on any circumstance of the matter
that may be helpful, material, or relevant to properly dispose of the
case. The investigation may include:
1. examining a child’s parentage, surroundings, age, habits, and
history; 2021HB-06669-R000600-BA.DOCX
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2. inquiring into the home conditions, habits, and character of the
child’s parents or guardians; and
3. evaluating the child’s mental or physical condition.
§ 5 — JUDICIAL BRANCH REPO RTING DATA POINTS
Under the bill, the Judicial Branch must (1) compile data concerning
arresting officers’ requests for a court order to detain an arrested child,
(2) sort the data by judicial district, and (3) categorize the data based
on how many requests were received and denied and the reasons for
the denials. Starting by January 15, 2022, the Judicial Branch must
annually report to the Judiciary Committee on the previous calendar
year’s data.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 21 Nay 17 (04/08/2021)