Connecticut 2021 Regular Session

Connecticut House Bill HB06669 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06669-R01-
4		-	HB.docx
5		-	1 of 4
6	3
7		-	General Assembly Substitute Bill No. 6669
	4	+	LCO No. 5980 1 of 4
	5	+	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
	6	+	General Assembly Raised Bill No. 6669
8	7		January Session, 2021
	8	+	LCO No. 5980
9	9
	10	+
	11	+	Referred to Committee on JUDICIARY
	12	+
	13	+
	14	+	Introduced by:
	15	+	(JUD)
10	16
11	17
12	18
13	19
14	20		AN ACT CONCERNING JU VENILES AND MOTOR VE HICLE THEFT,
15	21		INVESTIGATIONS OF CERTAIN PENDING JUVENILE MAT TERS AND
16	22		REPORTING OF REQUEST S TO DETAIN ARRESTED JUVENILES.
17	23		Be it enacted by the Senate and House of Representatives in General
18	24		Assembly convened:
19	25
20	26		Section 1. (NEW) (Effective October 1, 2021) (a) For purposes of this 1
21	27		section, "criminal act" means criminal act, as defined in section 53a-224 2
22	28		of the general statutes. 3
23	29		(b) A person is guilty of enticing a juvenile to commit a criminal act 4
24		-	if such person is eighteen years of age or older and knowingly causes, 5
25		-	encourages, solicits, recruits, intimidates or coerces a person under 6
26		-	eighteen years of age to commit or participate in the commission of a 7
27		-	criminal act. 8
28		-	(c) Enticing a juvenile to commit a criminal act is a class D felony. 9
29		-	Sec. 2. Subsection (k) of section 46b-133 of the general statutes is 10
30		-	repealed and the following is substituted in lieu thereof (Effective October 11
31		-	1, 2021): 12
32		-	(k) For purposes of subsections (c) and (e) of this section, a child may 13
33		-	be determined to pose a risk to public safety if such child (1) has 14
34		-	previously been adjudicated as delinquent for or convicted of or pled 15 Substitute Bill No. 6669
	30	+	if such person knowingly causes, encourages, solicits, recruits, 5
	31	+	intimidates or coerces a person under eighteen years of age to commit 6
	32	+	or participate in the commission of a criminal act. 7
	33	+	(c) Enticing a juvenile to commit a criminal act is a class D felony. 8
	34	+	Sec. 2. Subsection (k) of section 46b-133 of the general statutes is 9
	35	+	repealed and the following is substituted in lieu thereof (Effective October 10
	36	+	1, 2021): 11
	37	+	(k) For purposes of subsections (c) and (e) of this section, a child may 12
	38	+	LCO No. 5980 2 of 4
35	39
	40	+	be determined to pose a risk to public safety if such child (1) has 13
	41	+	previously been adjudicated as delinquent for or convicted of or pled 14
	42	+	guilty or nolo contendere to two or more felony offenses, (2) has had 15
	43	+	two or more prior dispositions of probation and is charged with 16
	44	+	commission of a larceny under subdivision (3) of subsection (a) of 17
	45	+	section 53a-122 or subdivision (1) of subsection (a) of section 53a-123 or 18
	46	+	subdivision (1) of subsection (a) of section 53a-124, or (3) is charged with 19
	47	+	the commission of a violent offense, including any offense committed 20
	48	+	with or involving the use of a deadly weapon, as defined in section 53a-21
	49	+	3, or a violation of section 53a-136a. 22
	50	+	Sec. 3. (NEW) (Effective October 1, 2021) The court shall order any 23
	51	+	child, as defined in section 46b-120 of the general statutes, who is 24
	52	+	released into the custody of his or her parent or guardian after being 25
	53	+	charged with a delinquency offense involving a motor vehicle, as 26
	54	+	defined in section 46b-133j of the general statutes, for which such child 27
	55	+	is not yet adjudicated as delinquent, who during the pendency of such 28
	56	+	case, is charged with a subsequent delinquency offense involving a 29
	57	+	motor vehicle to be electronically monitored by using a global 30
	58	+	positioning system device until each such case is disposed of. 31
	59	+	Sec. 4. Section 46b-6 of the general statutes is repealed and the 32
	60	+	following is substituted in lieu thereof (Effective October 1, 2021): 33
	61	+	In any pending family relations matter or juvenile matter under 34
	62	+	chapter 815t in which the juvenile has previously been adjudicated as 35
	63	+	delinquent for or convicted of or pled guilty or nolo contendere to a 36
	64	+	felony offense and is charged with (1) commission of a larceny under 37
	65	+	subdivision (3) of subsection (a) of section 53a-122, subdivision (1) of 38
	66	+	subsection (a) of section 53a-123 or subdivision (1) of subsection (a) of 39
	67	+	section 53a-124, (2) stealing a firearm under section 53a-212, or (3) the 40
	68	+	commission of a violent offense, including any offense committed with 41
	69	+	or involving the use of a deadly weapon, as defined in section 53a-3, or 42
	70	+	a violation of section 53a-136a, the court or any judge may cause an 43
	71	+	investigation to be made with respect to any circumstance of the matter 44
	72	+	which may be helpful or material or relevant to a proper disposition of 45
	73	+	LCO No. 5980 3 of 4
36	74
37		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06669-
38		-	R01-HB.docx }
39		-	2 of 4
40		-
41		-	guilty or nolo contendere to two or more felony offenses, (2) has had 16
42		-	two or more prior dispositions of probation and is charged with 17
43		-	commission of a larceny under subdivision (3) of subsection (a) of 18
44		-	section 53a-122 or subdivision (1) of subsection (a) of section 53a-123 or 19
45		-	subdivision (1) of subsection (a) of section 53a-124, or (3) is charged with 20
46		-	stealing a firearm under section 53a-212, the commission of a violent 21
47		-	offense, including any offense committed with or involving the use of a 22
48		-	deadly weapon, as defined in section 53a-3, or a violation of section 53a-23
49		-	136a. 24
50		-	Sec. 3. (NEW) (Effective October 1, 2021) The court shall order any 25
51		-	child, as defined in section 46b-120 of the general statutes, who is 26
52		-	released into the custody of his or her parent or guardian after being 27
53		-	charged with a delinquency offense involving a motor vehicle, as 28
54		-	defined in section 46b-133j of the general statutes, for which such child 29
55		-	is not yet adjudicated as delinquent, who, during the pendency of a 30
56		-	delinquency proceeding, is charged with a subsequent delinquency 31
57		-	offense involving a motor vehicle, to be electronically monitored by 32
58		-	using a global positioning system device until each such delinquency 33
59		-	proceeding is disposed of. 34
60		-	Sec. 4. Section 46b-6 of the general statutes is repealed and the 35
61		-	following is substituted in lieu thereof (Effective October 1, 2021): 36
62		-	In any pending family relations matter or juvenile matter under 37
63		-	chapter 815t in which the juvenile has previously been adjudicated as 38
64		-	delinquent for or convicted of or pled guilty or nolo contendere to a 39
65		-	felony offense and is charged with (1) commission of a larceny under 40
66		-	subdivision (3) of subsection (a) of section 53a-122, subdivision (1) of 41
67		-	subsection (a) of section 53a-123 or subdivision (1) of subsection (a) of 42
68		-	section 53a-124, (2) stealing a firearm under section 53a-212, or (3) the 43
69		-	commission of a violent offense, including any offense committed with 44
70		-	or involving the use of a deadly weapon, as defined in section 53a-3, or 45
71		-	a violation of section 53a-136a, the court or any judge may cause an 46
72		-	investigation to be made with respect to any circumstance of the matter 47
73		-	which may be helpful or material or relevant to a proper disposition of 48 Substitute Bill No. 6669
74		-
75		-
76		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06669-
77		-	R01-HB.docx }
78		-	3 of 4
79		-
80		-	the case. Such investigation may include an examination of the 49
81		-	parentage and surroundings of any child, his age, habits and history, 50
82		-	inquiry into the home conditions, habits and character of his parents or 51
83		-	guardians and evaluation of his mental or physical condition. In any 52
84		-	action for dissolution of marriage, legal separation or annulment of 53
85		-	marriage such investigation may include an examination into the age, 54
86		-	habits and history of the parties, the causes of marital discord and the 55
87		-	financial ability of the parties to furnish support to either spouse or any 56
88		-	dependent child. 57
89		-	Sec. 5. (NEW) (Effective from passage) (a) The Judicial Branch shall 58
90		-	compile data concerning requests by an arresting police officer of a child 59
91		-	to detain such child pursuant to subdivision (3) of subsection (c) of 60
92		-	section 46b-133 of the general statutes. The Judicial Branch shall sort 61
93		-	such data by judicial district and categorize such data based on (1) how 62
94		-	many such requests were made, (2) how many such requests were 63
95		-	denied, and (3) the reasons for denying any such request. Any such data 64
96		-	shall be anonymized. 65
97		-	(b) Not later than January 15, 2022, and January fifteenth annually 66
98		-	thereafter, the Judicial Branch shall, in accordance with the provisions 67
99		-	of section 11-4a of the general statutes, report such sorted and 68
100		-	categorized data from the previous calendar year to the joint standing 69
101		-	committee of the General Assembly having cognizance of matters 70
102		-	relating to the judiciary. 71
	75	+	the case. Such investigation may include an examination of the 46
	76	+	parentage and surroundings of any child, his age, habits and history, 47
	77	+	inquiry into the home conditions, habits and character of his parents or 48
	78	+	guardians and evaluation of his mental or physical condition. In any 49
	79	+	action for dissolution of marriage, legal separation or annulment of 50
	80	+	marriage such investigation may include an examination into the age, 51
	81	+	habits and history of the parties, the causes of marital discord and the 52
	82	+	financial ability of the parties to furnish support to either spouse or any 53
	83	+	dependent child. 54
	84	+	Sec. 5. (NEW) (Effective from passage) (a) The Judicial Branch shall 55
	85	+	compile data concerning requests by an arresting police officer of a child 56
	86	+	to detain such child pursuant to subdivision (3) of subsection (c) of 57
	87	+	section 46b-133 of the general statutes. The Judicial Branch shall sort 58
	88	+	such data by judicial district and categorize such data based on (1) how 59
	89	+	many such requests were made, (2) how many such requests were 60
	90	+	denied, and (3) the reasons for denying any such request. Any such data 61
	91	+	shall be anonymized. 62
	92	+	(b) Not later than January 15, 2022, and January fifteenth annually 63
	93	+	thereafter, the Judicial Branch shall, in accordance with the provisions 64
	94	+	of section 11-4a of the general statutes, report such sorted and 65
	95	+	categorized data from the previous calendar year to the joint standing 66
	96	+	committee of the General Assembly having cognizance of matters 67
	97	+	relating to the judiciary. 68
103	98		This act shall take effect as follows and shall amend the following
104	99		sections:
105	100
106	101		Section 1 October 1, 2021 New section
107	102		Sec. 2 October 1, 2021 46b-133(k)
108	103		Sec. 3 October 1, 2021 New section
109	104		Sec. 4 October 1, 2021 46b-6
110	105		Sec. 5 from passage New section
111		-	Substitute Bill No. 6669
112	106
	107	+	Statement of Purpose:
	108	+	To (1) establish the crime of enticing a juvenile to commit a criminal act,
	109	+	(2) employ other new strategies to discourage juvenile motor vehicle
	110	+	LCO No. 5980 4 of 4
113	111
114		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06669-
115		-	R01-HB.docx }
116		-	4 of 4
117		-
118		-	Statement of Legislative Commissioners:
119		-	In Section 3, occurrences of "such case" were changed to "delinquency
120		-	proceeding" for clarity.
121		-
122		-	JUD Joint Favorable Subst.
	112	+	theft, (3) allow for investigations of certain juvenile matters, and (4)
	113	+	require reporting concerning requests to the court to detain a child made
	114	+	by an arresting police officer.
	115	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	116	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	117	+	underlined.]
123	118