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General Assembly Raised Bill No. 1019
January Session, 2021
LCO No. 4387
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E BOARD OF PARDONS A ND PAROLES,
ERASURE OF CRIMINAL RECORDS FOR CERTAIN MISDEMEANOR
AND FELONY OFFENSES, PROHIBITING DISCRIMINATION BASED
ON ERASED CRIMINAL H ISTORY RECORD INFORM ATION AND
CONCERNING THE RECOM MENDATIONS OF THE CO NNECTICUT
SENTENCING COMMISSIO N WITH RESPECT TO MISDEMEANOR
SENTENCES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (l) of section 54-124a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 1, 2
2021): 3
(l) The chairperson and executive director shall establish: 4
(1) In consultation with the Department of Correction, a parole 5
orientation program for all parole-eligible inmates upon their transfer 6
to the custody of the Commissioner of Correction that will provide 7
general information on the laws and policies regarding parole release, 8
calculation of time-served standards, general conditions of release, 9
supervision practices, revocation and rescission policies, and 10
procedures for administrative review and panel hearings, and any other 11 Raised Bill No. 1019
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information that the board deems relevant for preparing inmates for 12
parole; 13
(2) An incremental sanctions system for parole violations including, 14
but not limited to, reincarceration based on the type, severity and 15
frequency of the violation and specific periods of incarceration for 16
certain types of violations; [and] 17
(3) A formal training program for members of the board and parole 18
officers, to be completed annually by each member, that shall include, 19
but not be limited to, an overview of the criminal justice system, the 20
parole system including factors to be considered in granting parole, 21
victim rights and services, reentry strategies, risk assessment, case 22
management and mental health issues; [. Each member shall complete 23
such training annually.] and 24
(4) A formal training program to be completed annually by each 25
member of the board on the pardons process, including information 26
concerning collateral consequences a person with a criminal record may 27
face due to having a criminal record, such as when applying for housing 28
or employment. 29
Sec. 2. Section 54-130a of the general statutes is repealed and the 30
following is substituted in lieu thereof (Effective October 1, 2021): 31
(a) Jurisdiction over the granting of, and the authority to grant, 32
commutations of punishment or releases, conditioned or absolute, in the 33
case of any person convicted of any offense against the state and 34
commutations from the penalty of death shall be vested in the Board of 35
Pardons and Paroles. 36
(b) The board shall have authority to grant pardons, conditioned, 37
provisional or absolute, or certificates of rehabilitation for any offense 38
against the state at any time after the imposition and before or after the 39
service of any sentence. 40
(c) The board may accept an application for a pardon three years after 41 Raised Bill No. 1019
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an applicant's conviction of a misdemeanor or violation and five years 42
after an applicant's conviction of a felony, except that the board, upon a 43
finding of extraordinary circumstances, may accept an application for a 44
pardon prior to such dates. 45
(d) Whenever the board grants an absolute pardon to any person, the 46
board shall cause notification of such pardon to be made in writing to 47
the clerk of the court in which such person was convicted, or the Office 48
of the Chief Court Administrator if such person was convicted in the 49
Court of Common Pleas, the Circuit Court, a municipal court, or a trial 50
justice court. 51
(e) Whenever the board grants a provisional pardon or a certificate of 52
rehabilitation to any person, the board shall cause notification of such 53
provisional pardon or certificate of rehabilitation to be made in writing 54
to the clerk of the court in which such person was convicted. The 55
granting of a provisional pardon or a certificate of rehabilitation does 56
not entitle such person to erasure of the record of the conviction of the 57
offense or relieve such person from disclosing the existence of such 58
conviction as may be required. 59
(f) In the case of any person convicted of a violation for which a 60
sentence to a term of imprisonment may be imposed, the board shall 61
have authority to grant a pardon, conditioned, provisional or absolute, 62
or a certificate of rehabilitation in the same manner as in the case of any 63
person convicted of an offense against the state. 64
(g) The board shall not deny any application for a pardon, unless the 65
board provides a statement in writing to the applicant of the factors 66
considered when determining whether the applicant qualified for the 67
pardon and an explanation as to which factors were not satisfied. 68
Sec. 3. Section 54-142a of the general statutes is repealed and the 69
following is substituted in lieu thereof (Effective October 1, 2021): 70
(a) Whenever in any criminal case, on or after October 1, 1969, the 71
accused, by a final judgment, is found not guilty of the charge or the 72 Raised Bill No. 1019
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charge is dismissed, all police and court records and records of any 73
state's attorney pertaining to such charge shall be erased upon the 74
expiration of the time to file a writ of error or take an appeal, if an appeal 75
is not taken, or upon final determination of the appeal sustaining a 76
finding of not guilty or a dismissal, if an appeal is taken. Nothing in this 77
subsection shall require the erasure of any record pertaining to a charge 78
for which the defendant was found not guilty by reason of mental 79
disease or defect or guilty but not criminally responsible by reason of 80
mental disease or defect. 81
(b) Whenever in any criminal case prior to October 1, 1969, the 82
accused, by a final judgment, was found not guilty of the charge or the 83
charge was dismissed, all police and court records and records of the 84
state's or prosecuting attorney or the prosecuting grand juror pertaining 85
to such charge shall be erased by operation of law and the clerk or any 86
person charged with the retention and control of such records shall not 87
disclose to anyone their existence or any information pertaining to any 88
charge so erased; provided nothing in this subsection shall prohibit the 89
arrested person or any one of his heirs from filing a petition for erasure 90
with the court granting such not guilty judgment or dismissal, or, where 91
the matter had been before a municipal court, a trial justice, the Circuit 92
Court or the Court of Common Pleas [with the records center of the 93
Judicial Department] in the Superior Court where venue would exist for 94
criminal prosecution and thereupon all police and court records and 95
records of the state's attorney, prosecuting attorney or prosecuting 96
grand juror pertaining to such charge shall be erased. Nothing in this 97
subsection shall require the erasure of any record pertaining to a charge 98
for which the defendant was found not guilty by reason of mental 99
disease or defect. 100
(c) (1) Whenever any charge in a criminal case has been nolled in the 101
Superior Court, or in the Court of Common Pleas, if at least thirteen 102
months have elapsed since such nolle, all police and court records and 103
records of the state's or prosecuting attorney or the prosecuting grand 104
juror pertaining to such charge shall be erased, except that in cases of 105
nolles entered in the Superior Court, Court of Common Pleas, Circuit 106 Raised Bill No. 1019
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Court, municipal court or by a justice of the peace prior to April 1, 1972, 107
such records shall be deemed erased by operation of law and the clerk 108
or the person charged with the retention and control of such records 109
shall not disclose to anyone their existence or any information 110
pertaining to any charge so erased, provided nothing in this subsection 111
shall prohibit the arrested person or any one of his heirs from filing a 112
petition to the court [or to the records center of the Judicial Department, 113
as the case may be,] to have such records erased, in which case such 114
records shall be erased. 115
(2) Whenever any charge in a criminal case has been continued at the 116
request of the prosecuting attorney, and a period of thirteen months has 117
elapsed since the granting of such continuance during which period 118
there has been no prosecution or other disposition of the matter, the 119
charge shall be nolled upon motion of the arrested person and such 120
erasure may thereafter be effected or a petition filed therefor, as the case 121
may be, as provided in this subsection for nolled cases. 122
(d) (1) Whenever prior to October 1, 1974, any person who has been 123
convicted of an offense in any court of this state has received an absolute 124
pardon for such offense, such person or any one of his heirs may, at any 125
time subsequent to such pardon, file a petition with the [superior court] 126
Superior Court at the location in which such conviction was effected, or 127
with the [superior court] Superior Court at the location having custody 128
of the records of such conviction or [with the records center of the 129
Judicial Department] if such conviction was in the Court of Common 130
Pleas, Circuit Court, municipal court or by a trial justice court, in the 131
Superior Court where venue would exist for criminal prosecution, for 132
an order of erasure, and the Superior Court [or records center of the 133
Judicial Department] shall direct all police and court records and 134
records of the state's or prosecuting attorney pertaining to such [case to] 135
offense be erased. 136
(2) Whenever such absolute pardon was received on or after October 137
1, 1974, such records shall be erased. 138 Raised Bill No. 1019
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(e) (1) Except as provided in subdivision (3) of this subsection, 139
whenever any person has been convicted in any court of this state of a 140
classified or unclassified misdemeanor, or a class C, D or E felony or an 141
unclassified felony offense carrying a term of imprisonment of not more 142
than ten years, at such time as provided in subdivision (2) of this 143
subsection, any police or court record and record of the state's or 144
prosecuting attorney or the prosecuting grand juror pertaining to such 145
conviction, or any inmate record held by the Department of Correction 146
arising from such conviction, or any record pertaining to court 147
obligations arising from such conviction held by the Board of Pardons 148
and Parole shall be (A) erased, if such record is in an electronic record 149
other than a scanned copy of a physical document, or (B) deemed erased 150
by operation of law if such record is a scanned copy of a physical 151
document or another record that is not electronic. 152
(2) (A) In the case of a misdemeanor offense, any record described in 153
subdivision (1) of this subsection shall be erased or deemed erased by 154
operation of law seven years from the date on which the convicted 155
person's most recent conviction was adjudicated. 156
(B) In the case of a class C felony or an unclassified felony carrying a 157
term of imprisonment of not more than ten years, but more than five 158
years, any record described in subdivision (1) of this subsection shall be 159
erased or deemed erased by operation of law twelve years from the date 160
on which the convicted person's most recent conviction was 161
adjudicated. 162
(C) In the case of a class D or E felony or an unclassified felony 163
carrying a term of imprisonment of not more than five years, any record 164
described in subdivision (1) of this subsection shall be erased or deemed 165
erased by operation of law ten years from the date on which the 166
convicted person's most recent conviction was adjudicated. 167
(3) Convictions for the following offenses shall not be eligible for 168
erasure pursuant to this subsection: 169
(A) Any conviction designated as a family violence crime, as defined 170 Raised Bill No. 1019
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in section 46b-38a; or 171
(B) Any offense that is a nonviolent sexual offense or a sexually 172
violent offense, each as defined in section 54-250. 173
(4) If a person has been convicted of an offense in any court in this 174
state and such offense has been decriminalized subsequent to the date 175
of such conviction, such conviction shall not be considered when 176
evaluating such person's criminal history record information for the 177
purposes of this subsection. 178
(5) Nothing in this subsection shall limit any other procedure for 179
erasure of criminal history record information, as defined in section 54-180
142g, as amended by this act, or prohibit a person from participating in 181
any such procedure, even if such person's criminal history record 182
information has been erased pursuant to this section. 183
(f) (1) Whenever a person was convicted of one or more 184
misdemeanors committed while such person was under eighteen years 185
of age, and the offense or offenses occurred on or after January 1, 1999, 186
and before July 1, 2012, all police and court records and records of the 187
state's or prosecuting attorney shall be deemed erased by operation of 188
law. This subdivision shall not apply to a motor vehicle offense, a 189
violation under title 14 or a violation of section 51-164r. The clerk of the 190
court or any law enforcement agency having information contained in 191
such erased records shall not disclose to anyone, except the subject of 192
the record, upon submission pursuant to guidelines prescribed by the 193
Office of the Chief Court Administrator of satisfactory proof of the 194
subject's identity, information pertaining to any charge erased under 195
this subdivision and such clerk shall forward a notice of such erasure to 196
any law enforcement agency and the state's or prosecuting attorney to 197
which he or she knows information concerning the arrest has been 198
disseminated directing that all law enforcement and records of the 199
state's or prosecuting attorney pertaining to such case to be erased. 200
(2) Whenever a person was convicted of one or more misdemeanors 201
committed while such person was under eighteen years of age, and the 202 Raised Bill No. 1019
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offense or offenses occurred before January 1, 1999, such person may file 203
a petition with the Superior Court at the location in which such 204
conviction was effected for an order of erasure, and the Superior Court 205
shall direct all police and court records and records of the state's or 206
prosecuting attorney pertaining to such case to be erased. 207
(3) Notwithstanding subsection (i) of this section, the provisions of 208
this subsection shall not apply in cases in which there has been a 209
conviction for any charge for which erasure would not apply arising 210
from the same information as any erased conviction. 211
[(e)] (g) (1) The clerk of the court [or any person charged with 212
retention and control of such records in the records center of the Judicial 213
Department] or any law enforcement agency having information 214
contained in such erased records shall not disclose to anyone, except the 215
subject of the record, upon submission pursuant to guidelines 216
prescribed by the Office of the Chief Court Administrator of satisfactory 217
proof of the subject's identity, information pertaining to any charge 218
erased under any provision of this section and such clerk or person 219
charged with the retention and control of such records shall forward a 220
notice of such erasure to any law enforcement agency to which he 221
knows information concerning the arrest has been disseminated and 222
such disseminated information shall be erased from the records of such 223
law enforcement agency. Such clerk or such person, as the case may be, 224
shall provide adequate security measures to safeguard against 225
unauthorized access to or dissemination of such records or upon the 226
request of the accused cause the actual physical destruction of such 227
records, except that such clerk or such person shall not cause the actual 228
physical destruction of such records until three years have elapsed from 229
the date of the final disposition of the criminal case to which such 230
records pertain. 231
[(2) No fee shall be charged in any court with respect to any petition 232
under this section.] 233
[(3)] (2) Any person who shall have been the subject of such an 234 Raised Bill No. 1019
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erasure shall be deemed to have never been arrested within the meaning 235
of the general statutes with respect to the proceedings so erased and 236
may so swear under oath. 237
[(f)] (h) Upon motion properly brought, the court or a judge of such 238
court, if such court is not in session, shall order disclosure of such 239
records (1) to a defendant in an action for false arrest arising out of the 240
proceedings so erased, or (2) to the prosecuting attorney and defense 241
counsel in connection with any perjury charges which the prosecutor 242
alleges may have arisen from the testimony elicited during the trial, or 243
any false statement charges, or any proceeding held pursuant to section 244
53a-40b, or (3) counsel for the petitioner and the respondent in 245
connection with any habeas corpus or other collateral civil action in 246
which evidence pertaining to a nolled or dismissed criminal charge may 247
become relevant. Such disclosure of such records is subject also to any 248
records destruction program pursuant to which the records may have 249
been destroyed. The jury charge in connection with erased offenses may 250
be ordered by the judge for use by the judiciary, provided the names of 251
the accused and the witnesses are omitted therefrom. 252
[(g)] (i) The provisions of this section shall not apply to any police or 253
court records or the records of any state's attorney or prosecuting 254
attorney with respect to any information or indictment containing more 255
than one count (1) while the criminal case is pending, or (2) when the 256
criminal case is disposed of unless and until all counts are entitled to 257
erasure in accordance with the provisions of this section, except that 258
when the criminal case is disposed of, electronic records or portions of 259
electronic records released to the public that reference a charge that 260
would otherwise be entitled to erasure under this section shall be erased 261
in accordance with the provisions of this section. Nothing in this section 262
shall require the erasure of any information contained in the registry of 263
protective orders established pursuant to section 51-5c. For the purposes 264
of this subsection, "electronic record" means any police or court record 265
or the record of any state's attorney or prosecuting attorney that is an 266
electronic record, as defined in section 1-267, or a computer printout. 267 Raised Bill No. 1019
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(j) No fee shall be charged in any court with respect to any petition 268
under this section. 269
[(h)] (k) For the purposes of this section, "court records" shall not 270
include a record or transcript of the proceedings made or prepared by 271
an official court reporter, assistant court reporter or monitor. 272
Sec. 4. Section 54-142d of the general statutes is repealed and the 273
following is substituted in lieu thereof (Effective October 1, 2021): 274
Whenever any person has been convicted of an offense in any court 275
in this state and such offense has been decriminalized subsequent to the 276
date of such conviction, such person may file a petition with the superior 277
court at the location in which such conviction was effected, or with the 278
superior court at the location having custody of the records of such 279
conviction [or with the records center of the Judicial Department] if such 280
conviction was in the Court of Common Pleas, Circuit Court, municipal 281
court or by a trial justice, in the Superior Court where venue would 282
currently exist for criminal prosecution, for an order of erasure, and the 283
Superior Court [or records center of the Judicial Department] shall 284
immediately direct all police and court records and records of the state's 285
or prosecuting attorney pertaining to such [case] offense to be physically 286
destroyed. 287
Sec. 5. (NEW) (Effective January 1, 2023) (a) The Department of 288
Emergency Services and Public Protection, in consultation with the 289
Judicial Branch and the Criminal Justice Information System Governing 290
Board established pursuant to section 54-142q of the general statutes, 291
shall develop and implement automated processes for erasure pursuant 292
to section 54-142a of the general statutes, as amended by this act. 293
(b) The department may, within available appropriations, 294
disseminate information, including posting information on its Internet 295
web site, regarding records that are subject to erasure under the 296
provisions of this section. 297
(c) Nothing in this section shall be construed to require the 298 Raised Bill No. 1019
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destruction of paper records. 299
Sec. 6. Section 54-142e of the general statutes is repealed and the 300
following is substituted in lieu thereof (Effective October 1, 2021): 301
(a) Notwithstanding the provisions of subsection [(e)] (g) of section 302
54-142a, as amended by this act, and section 54-142c, with respect to any 303
person, including, but not limited to, a consumer reporting agency as 304
defined in subsection (i) of section 31-51i, as amended by this act, or a 305
background screening provider or similar data-based service or 306
company, that purchases criminal matters of public record, as defined 307
in said subsection (i), from the Judicial Department or any criminal 308
justice agency pursuant to subsection (b) of section 54-142g, as amended 309
by this act, the department shall make available to such person 310
information concerning such criminal matters of public record that have 311
been erased pursuant to section 54-142a, as amended by this act. Such 312
information may include docket numbers or other information that 313
permits the person to identify and permanently delete records that have 314
been erased pursuant to section 54-142a, as amended by this act. 315
(b) Each person, including, but not limited to, a consumer reporting 316
agency or background screening provider or similar data-based service 317
or company, that has purchased records of criminal matters of public 318
record from the Judicial Department or any criminal justice agency 319
shall, prior to disclosing such records, (1) purchase from the Judicial 320
Department or any criminal justice agency, on a monthly basis or on 321
such other schedule as the Judicial Department or any criminal justice 322
agency may establish, any updated criminal matters of public record or 323
information available for the purpose of complying with this section, 324
and (2) update its records of criminal matters of public record to 325
permanently delete such erased records not later than thirty calendar 326
days after receipt of information on the erasure of criminal records 327
pursuant to section 54-142a, as amended by this act. Such person shall 328
not further disclose such erased records. 329
Sec. 7. Subsection (c) of section 29-11 of the general statutes is 330 Raised Bill No. 1019
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repealed and the following is substituted in lieu thereof (Effective July 1, 331
2021): 332
(c) (1) The Commissioner of Emergency Services and Public 333
Protection shall charge the following fees for the service indicated: [(1)] 334
(A) Name search, thirty-six dollars; [(2)] (B) fingerprint search, seventy-335
five dollars; [(3)] (C) personal record search, seventy-five dollars; [(4)] 336
(D) letters of good conduct search, seventy-five dollars; [(5)] (E) bar 337
association search, seventy-five dollars; [(6)] (F) fingerprinting, fifteen 338
dollars; [(7)] (G) criminal history record information search, seventy-five 339
dollars. Except as provided in subsection (b) of this section, the 340
provisions of this subsection shall not apply to any federal, state or 341
municipal agency. 342
(2) The commissioner may waive fees imposed under subparagraph 343
(G) of subdivision (1) of this subsection for any applicant requesting a 344
criminal history record information search for the purpose of applying 345
for a pardon authorized pursuant to section 54-124a, as amended by this 346
act, provided such applicant completes a form prescribed by the 347
Department of Emergency Services and Public Protection representing 348
such person's indigency. 349
Sec. 8. Section 18-82 of the general statutes is repealed and the 350
following is substituted in lieu thereof (Effective from passage): 351
The Commissioner of Correction shall appoint and may remove the 352
following administrators, all of whom shall serve at the pleasure of the 353
commissioner and shall be exempt from the classified service: All 354
correctional wardens, including any warden with oversight of a district, 355
a correctional institution, parole and community services, population 356
management, programs and treatment, security and academy training 357
or staff development. Such wardens shall possess skill and experience 358
in correctional administration. The commissioner may designate a 359
deputy warden to serve as director of reentry services. 360
Sec. 9. (NEW) (Effective July 1, 2021) (a) There is established a reentry 361
employment advisory committee that shall advise the Commissioner of 362 Raised Bill No. 1019
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Correction on alignment of education and job training programs offered 363
by the Department of Correction with the needs of employers in the 364
community, including, but not limited to (1) the vocational education 365
curricula used by Unified School District #1, established under section 366
18-99a of the general statutes, (2) the types of licenses and certifications 367
that employers are looking for in job applicants, (3) the availability of 368
apprenticeships for incarcerated and formerly incarcerated individuals 369
in the community, and (4) the types of products and services that should 370
be offered by institution industries established and maintained 371
pursuant to section 18-88 of the general statutes. 372
(b) (1) The reentry employment advisory committee shall consist of: 373
(A) The Commissioner of Correction, or the commissioner's designee; 374
(B) The superintendent of Unified School District #1; 375
(C) The superintendent of institution industries within the 376
Department of Correction; and 377
(D) One representative appointed by the Commissioner of Correction 378
from each of the following: 379
(i) An association representing businesses and industries in this state; 380
(ii) An association representing construction industries in this state; 381
(iii) The state affiliate of a national organization representing human 382
resource professionals; 383
(iv) A state council of building and construction trades; 384
(v) The Technical Education and Career System established pursuant 385
to section 10-95 of the general statutes; and 386
(vi) A regional workforce development board established pursuant 387
to section 31-3k of the general statutes. 388
(2) In addition to the membership provided for under subdivision (1) 389 Raised Bill No. 1019
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of this subsection, the Commissioner of Correction may appoint up to 390
three additional members. 391
(c) The Commissioner of Correction shall appoint a chairperson from 392
amongst the membership of the reentry employment advisory 393
committee. The committee shall meet not fewer than two times per year, 394
and at such other times as the committee deems necessary. 395
Sec. 10. Subsection (a) of section 54-142e of the general statutes is 396
repealed and the following is substituted in lieu thereof (Effective October 397
1, 2021): 398
(a) Notwithstanding the provisions of subsection [(e)] (g) of section 399
54-142a, as amended by this act, and section 54-142c, with respect to any 400
person, including, but not limited to, a consumer reporting agency as 401
defined in subsection (i) of section 31-51i, as amended by this act, that 402
purchases criminal matters of public record, as defined in said 403
subsection (i), from the Judicial Department, the department shall make 404
available to such person information concerning such criminal matters 405
of public record that have been erased pursuant to section 54-142a, as 406
amended by this act. Such information may include docket numbers or 407
other information that permits the person to identify and permanently 408
delete records that have been erased pursuant to section 54-142a, as 409
amended by this act. 410
Sec. 11. Subsection (d) of section 54-142k of the general statutes is 411
repealed and the following is substituted in lieu thereof (Effective October 412
1, 2021): 413
(d) Nonconviction information shall be available to the subject of the 414
information and to the subject's attorney pursuant to this subsection and 415
subsection (e) of this section. Any person shall, upon satisfactory proof 416
of the person's identity, be entitled to inspect, for purposes of 417
verification and correction, any nonconviction information relating to 418
the person and upon the person's request shall be given a computer 419
printout or photocopy of such information for which a reasonable fee 420
may be charged, provided no erased record may be released except as 421 Raised Bill No. 1019
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provided in subsection [(f)] (h) of section 54-142a, as amended by this 422
act. Before releasing any exact reproductions of nonconviction 423
information to the subject of the information, the agency holding such 424
information may remove all personal identifying information from such 425
reproductions. 426
Sec. 12. (NEW) (Effective October 1, 2021) For purposes of this section, 427
sections 14, 15 and 19 to 27, inclusive, of this act and section 29 of this 428
act, sections 8-265c and 8-315 of the general statutes, as amended by this 429
act, subsection (b) of section 10a-6 of the general statutes, as amended 430
by this act, and sections 31-51i, 38a-358, 38a-447, 46a-74, 46a-79, 46a-80 431
and 46a-81 of the general statutes, as amended by this act: 432
(1) "Commission" means the Commission on Human Rights and 433
Opportunities created by section 46a-52 of the general statutes; 434
(2) "Criminal history record information" means court records and 435
information obtained from the Judicial Department relating to arrests, 436
releases, detentions, indictments, informations or other formal criminal 437
charges or any events and outcomes arising from those arrests, releases, 438
detentions, including pleas, trials, sentences, appeals, incarcerations, 439
correctional supervision, paroles and releases, outstanding judgments 440
and any other conviction information, as defined in section 54-142g of 441
the general statutes, as amended by this act; 442
(3) "Employer" includes the state and all political subdivisions of the 443
state and means any person or employer with one or more persons in 444
such person's or employer's employ; 445
(4) "Erased criminal history record information" means (A) criminal 446
history record information that has been erased pursuant to section 54-447
142a of the general statutes, as amended by this act, or section 54-760 of 448
the general statutes, or any other provision of the general statutes or 449
other operation of law; (B) information relating to persons granted 450
youthful offender status pursuant to section 46b-146 of the general 451
statutes; and (C) continuances of a criminal case that are more than 452
thirteen months old; and 453 Raised Bill No. 1019
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(5) "Place of public accommodation, resort or amusement" means any 454
establishment that caters or offers its services or facilities or goods to the 455
general public, including, but not limited to, any commercial property 456
or building lot on which it is intended that a commercial building will 457
be constructed or offered for sale or rent. 458
Sec. 13. Subdivisions (7) and (8) of section 46a-51 of the general 459
statutes are repealed and the following is substituted in lieu thereof 460
(Effective October 1, 2021): 461
(7) "Discriminatory employment practice" means any discriminatory 462
practice specified in subsection (b), (d), (e) or (f) of section 31-51i, as 463
amended by this act, or section 46a-60 or 46a-81c; 464
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-465
60a, 4a-60g, 31-40y, subsection (b) of section 31-51i, as amended by this 466
act, subsection (d), (e) or (f) of section 31-51i, as amended by this act, 467
subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 468
and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 469
46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, 470
inclusive, subsection (a) of section 46a-80, as amended by this act, or 471
sections 46a-81b to 46a-81o, inclusive; 472
Sec. 14. (NEW) (Effective October 1, 2021) It shall be a discriminatory 473
practice under subdivision (8) of section 46a-51 of the general statutes, 474
as amended by this act, for any person to subject, or cause to be 475
subjected, any other person to the deprivation of any rights, privileges 476
or immunities, secured or protected by the Constitution or laws of this 477
state or of the United States, on account of a person's erased criminal 478
history record information. 479
Sec. 15. (NEW) (Effective October 1, 2021) (a) It shall be a 480
discriminatory practice under subdivision (8) of section 46a-51 of the 481
general statutes, as amended by this act: 482
(1) To refuse to sell or rent after the making of a bona fide offer, or to 483
refuse to negotiate for the sale or rental of, or otherwise make 484 Raised Bill No. 1019
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unavailable or deny, a dwelling to any person on the basis of the erased 485
criminal history record information of (A) such buyer or renter, (B) a 486
person residing in or intending to reside in such dwelling after it is so 487
sold, rented or made available, or (C) any person associated with such 488
buyer or renter; 489
(2) To discriminate against any person in the terms, conditions or 490
privileges of the sale or rental of a dwelling, or in the provision of 491
services or facilities in connection therewith, on the basis of the erased 492
criminal history record information of (A) such buyer or renter, (B) a 493
person residing in or intending to reside in such dwelling after it is so 494
sold, rented or made available, or (C) any person associated with such 495
buyer or renter; 496
(3) To make, print or publish, or cause to be made, printed or 497
published any notice, statement or advertisement, with respect to the 498
sale or rental of a dwelling that indicates any preference, limitation or 499
discrimination, or to intend to make any such preference, limitation or 500
discrimination, based on the erased criminal history record information 501
of (A) a potential buyer or renter, (B) a person intending to reside in such 502
dwelling after it is sold, rented or made available, or (C) any person 503
associated with such potential buyer or renter; 504
(4) To represent to any person that any dwelling is not available for 505
inspection, sale or rental when such dwelling is in fact so available, on 506
the basis of the erased criminal history record information of (A) a 507
potential buyer or renter, (B) a person intending to reside in such 508
dwelling after it is so sold, rented or made available, or (C) any person 509
associated with such potential buyer or renter; 510
(5) For profit, to induce or attempt to induce any person to sell or rent 511
any dwelling by representations regarding the entry or prospective 512
entry into the neighborhood of a person or persons with erased criminal 513
history record information; 514
(6) For any person or other entity engaging in residential real estate-515
related transactions to discriminate against any person in making 516 Raised Bill No. 1019
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available such a transaction, or in the terms or conditions of such a 517
transaction, on the basis of the erased criminal history record 518
information of (A) the other party in the transaction, (B) a person 519
residing in or intending to reside in a dwelling with such other party, or 520
(C) any person associated with such other party; 521
(7) To deny any person access to or membership or participation in 522
any multiple-listing service, real estate brokers' organization or other 523
service, organization or facility relating to the business of selling or 524
renting dwellings, or to discriminate against that person in the terms or 525
conditions of such access, membership or participation, on account of 526
that person's erased criminal history record information; or 527
(8) To coerce, intimidate, threaten or interfere with any person in the 528
exercise or enjoyment of, or on account of that person having exercised 529
or enjoyed, or on account of that person having aided or encouraged 530
any other person in the exercise or enjoyment of, any right granted or 531
protected by this section. 532
(b) The provisions of this section shall not apply to (1) the rental of a 533
room or rooms in a unit in a dwelling if the owner actually maintains 534
and occupies part of such unit as the owner's residence, or (2) a unit in 535
a dwelling containing not more than four units if the owner actually 536
maintains and occupies one of such other units as the owner's residence. 537
(c) Nothing in this section limits the applicability of any reasonable 538
state statute or municipal ordinance restricting the maximum number 539
of persons permitted to occupy a dwelling. 540
(d) Nothing in this section prohibits a person engaged in the business 541
of furnishing appraisals of real property to take into consideration 542
factors other than a person's erased criminal history record. 543
Sec. 16. Section 8-265c of the general statutes is repealed and the 544
following is substituted in lieu thereof (Effective October 1, 2021): 545
The authority shall require that occupancy of all housing financed or 546 Raised Bill No. 1019
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otherwise assisted under this chapter be open to all persons regardless 547
of race, creed, color, national origin or ancestry, sex or gender identity 548
or expression or erased criminal history record information, as defined 549
in section 12 of this act, and that the contractors and subcontractors 550
engaged in the construction or rehabilitation of such housing shall take 551
affirmative action to provide equal opportunity for employment 552
without discrimination as to race, creed, color, national origin or 553
ancestry, sex, [or] gender identity or expression or erased criminal 554
history record information. 555
Sec. 17. Section 8-315 of the general statutes is repealed and the 556
following is substituted in lieu thereof (Effective October 1, 2021): 557
The municipality shall take all necessary steps to insure that 558
occupancy of all housing financed or otherwise assisted pursuant to this 559
chapter be open to all persons regardless of race, creed, color, national 560
origin or ancestry, sex, gender identity or expression, age, [or] physical 561
disability or erased criminal history record information, as defined in 562
section 12 of this act. 563
Sec. 18. Section 31-51i of the general statutes is repealed and the 564
following is substituted in lieu thereof (Effective October 1, 2021): 565
(a) For the purposes of this section, "employer" means [any person 566
engaged in business who has one or more employees, including the state 567
or any political subdivision of the state] employer, as defined in section 568
12 of this act. 569
(b) No employer shall inquire about a prospective employee's prior 570
arrests, criminal charges or convictions on an initial employment 571
application, unless (1) the employer is required to do so by an applicable 572
state or federal law, or (2) a security or fidelity bond or an equivalent 573
bond is required for the position for which the prospective employee is 574
seeking employment. 575
(c) No employer or employer's agent, representative or designee may 576
require an employee or prospective employee to disclose the existence 577 Raised Bill No. 1019
LCO No. 4387 20 of 34
of [any arrest, criminal charge or conviction, the records of which have 578
been erased pursuant to section 46b-146, 54-76o or 54-142a] erased 579
criminal history record information, as defined in section 12 of this act. 580
(d) An employment application form that contains any question 581
concerning the criminal history of the applicant shall contain a notice, in 582
clear and conspicuous language: (1) That the applicant is not required 583
to disclose the existence of any [arrest, criminal charge or conviction, the 584
records of which have been erased pursuant to section 46b-146, 54-76o 585
or 54-142a] erased criminal history record information, (2) that [criminal 586
records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a] 587
erased criminal history record information are records pertaining to a 588
finding of delinquency or that a child was a member of a family with 589
service needs, an adjudication as a youthful offender, a criminal charge 590
that has been dismissed or nolled, a criminal charge for which the 591
person has been found not guilty or a conviction for which the person 592
received an absolute pardon or criminal records that are erased 593
pursuant to statute or by other operation of law, and (3) that any person 594
[whose criminal records have been erased pursuant to section 46b-146, 595
54-76o or 54-142a] with erased criminal history record information shall 596
be deemed to have never been arrested within the meaning of the 597
general statutes with respect to the proceedings so erased and may so 598
swear under oath. 599
(e) No employer or employer's agent, representative or designee shall 600
deny employment to a prospective employee solely on the basis that the 601
prospective employee [had a prior arrest, criminal charge or conviction, 602
the records of which have been erased pursuant to section 46b-146, 54-603
76o or 54-142a] has erased criminal history record information or that 604
the prospective employee had a prior conviction for which the 605
prospective employee has received a provisional pardon or certificate of 606
rehabilitation pursuant to section 54-130a, as amended by this act, or a 607
certificate of rehabilitation pursuant to section 54-108f. 608
(f) No employer or employer's agent, representative or designee shall 609
discharge, or cause to be discharged, or in any manner discriminate 610 Raised Bill No. 1019
LCO No. 4387 21 of 34
against, any employee solely on the basis that the employee [had, prior 611
to being employed by such employer, an arrest, criminal charge or 612
conviction, the records of which have been erased pursuant to section 613
46b-146, 54-76o or 54-142a] has erased criminal history record 614
information or that the employee had, prior to being employed by such 615
employer, a prior conviction for which the employee has received a 616
provisional pardon or certificate of rehabilitation pursuant to section 54-617
130a, as amended by this act, or a certificate of rehabilitation pursuant 618
to section 54-108f. 619
(g) The portion of an employment application form that contains 620
information concerning the criminal history record of an applicant or 621
employee shall only be available to the members of the personnel 622
department of the company, firm or corporation or, if the company, firm 623
or corporation does not have a personnel department, the person in 624
charge of employment, and to any employee or member of the 625
company, firm or corporation, or an agent of such employee or member, 626
involved in the interviewing of the applicant. 627
(h) Notwithstanding the provisions of subsection (g) of this section, 628
the portion of an employment application form that contains 629
information concerning the criminal history record of an applicant or 630
employee may be made available as necessary to persons other than 631
those specified in said subsection (g) by: 632
(1) A broker-dealer or investment adviser registered under chapter 633
672a in connection with (A) the possible or actual filing of, or the 634
collection or retention of information contained in, a form U-4 Uniform 635
Application for Securities Industry Registration or Transfer, (B) the 636
compliance responsibilities of such broker-dealer or investment adviser 637
under state or federal law, or (C) the applicable rules of self-regulatory 638
organizations promulgated in accordance with federal law; 639
(2) An insured depository institution in connection with (A) the 640
management of risks related to safety and soundness, security or 641
privacy of such institution, (B) any waiver that may possibly or actually 642 Raised Bill No. 1019
LCO No. 4387 22 of 34
be sought by such institution pursuant to section 19 of the Federal 643
Deposit Insurance Act, 12 USC 1829(a), (C) the possible or actual 644
obtaining by such institution of any security or fidelity bond, or (D) the 645
compliance responsibilities of such institution under state or federal 646
law; and 647
(3) An insurance producer licensed under chapter 701a in connection 648
with (A) the management of risks related to security or privacy of such 649
insurance producer, or (B) the compliance responsibilities of such 650
insurance producer under state or federal law. 651
(i) (1) For the purposes of this subsection: (A) "Consumer reporting 652
agency" means any person who regularly engages, in whole or in part, 653
in the practice of assembling or preparing consumer reports for a fee, 654
which reports compile and report items of information on consumers 655
that are matters of public record and are likely to have an adverse effect 656
on a consumer's ability to obtain employment, but does not include any 657
public agency; (B) "consumer report" means any written, oral or other 658
communication of information bearing on an individual's credit 659
worthiness, credit standing, credit capacity, character, general 660
reputation, personal characteristics or mode of living; and (C) "criminal 661
matters of public record" means information obtained from the Judicial 662
Department relating to arrests, indictments, convictions, outstanding 663
judgments [,] and any other conviction information, as defined in 664
section 54-142g, as amended by this act. 665
(2) Each consumer reporting agency that issues a consumer report 666
that is used or is expected to be used for employment purposes and that 667
includes in such report criminal matters of public record concerning the 668
consumer shall: 669
(A) At the time the consumer reporting agency issues such consumer 670
report to a person other than the consumer who is the subject of the 671
report, provide the consumer who is the subject of the consumer report 672
(i) notice that the consumer reporting agency is reporting criminal 673
matters of public record, and (ii) the name and address of the person to 674 Raised Bill No. 1019
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whom such consumer report is being issued; 675
(B) Maintain procedures designed to ensure that any criminal matter 676
of public record reported is complete and up-to-date as of the date the 677
consumer report is issued, which procedures shall, at a minimum, 678
conform to the requirements set forth in section 54-142e, as amended by 679
this act. 680
(3) This subsection shall not apply in the case of an agency or 681
department of the United States government seeking to obtain and use 682
a consumer report for employment purposes if the head of the agency 683
or department makes a written finding pursuant to 15 USC 684
1681b(b)(4)(A). 685
(j) An employee or prospective employee may file a complaint with 686
the Labor Commissioner alleging an employer's violation of subsection 687
(a), (c), (g), (h) or (i) of this section. For any alleged violation by an 688
employer of subsection (b), (d), (e) or (f) of this section, an employee or 689
prospective employee may file a complaint with the Commission on 690
Human Rights and Opportunities pursuant to section 46a-82 or may 691
bring an action in the Superior Court against the employer for violating 692
this section for declaratory or injunctive relief, damages or any other 693
remedy available under law, at the sole election of the employee or 694
prospective employee. 695
Sec. 19. (NEW) (Effective October 1, 2021) It shall be a discriminatory 696
practice under subdivision (8) of section 46a-51 of the general statutes, 697
as amended by this act: (1) For an employer or employer's agent, 698
representative or designee to discriminate against that person in 699
compensation or in terms, conditions or privileges of employment on 700
the basis of that person's erased criminal history record information, (2) 701
for any employment agency to fail or refuse to classify properly or refer 702
for employment or otherwise to discriminate against any person on the 703
basis of that person's erased criminal history record information, (3) for 704
a labor organization, on the basis of the erased criminal history record 705
information of any person, to exclude from full membership rights or to 706 Raised Bill No. 1019
LCO No. 4387 24 of 34
expel from its membership that person or to discriminate in any way 707
against any of its members or against any employer or any individual 708
employed by an employer, or (4) for any person, employer, employment 709
agency or labor organization, to advertise employment opportunities in 710
such a manner as to restrict such employment so as to discriminate 711
against persons on the basis of their erased criminal history record 712
information. 713
Sec. 20. (NEW) (Effective October 1, 2021) (a) It shall be a 714
discriminatory practice under subdivision (8) of section 46a-51 of the 715
general statutes, as amended by this act, for any association, board or 716
other organization the principal purpose of which is the furtherance of 717
the professional or occupational interests of its members, whose 718
profession, trade or occupation requires a state license, to refuse to 719
accept a person as a member of such association, board or organization 720
solely on the basis of that person's erased criminal history record 721
information. 722
(b) Any association, board or other organization that violates the 723
provisions of this section shall be fined not less than one hundred 724
dollars or more than five hundred dollars. 725
Sec. 21. (NEW) (Effective October 1, 2021) State officials and 726
supervisory personnel shall recruit, appoint, assign, train, evaluate and 727
promote state personnel on the basis of merit and qualifications, without 728
regard for erased criminal history record information. 729
Sec. 22. (NEW) (Effective October 1, 2021) No state department, board 730
or agency may grant, deny or revoke the license or charter of any person 731
on the basis of that person's erased criminal history record information. 732
Sec. 23. (NEW) (Effective October 1, 2021) All educational, counseling 733
and vocational guidance programs and all apprenticeship and on-the-734
job training programs of state agencies, or in which state agencies 735
participate, shall be open to all qualified persons, without regard to a 736
person's erased criminal history record information. 737 Raised Bill No. 1019
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Sec. 24. (NEW) (Effective October 1, 2021) Erased criminal history 738
record information shall not be considered as a limiting factor in state-739
administered programs involving the distribution of funds to qualify 740
applicants for benefits authorized by law. 741
Sec. 25. (NEW) (Effective October 1, 2021) All services of every state 742
agency shall be performed without discrimination on the basis of erased 743
criminal history record information. 744
Sec. 26. (NEW) (Effective October 1, 2021) It shall be a discriminatory 745
practice under subdivision (8) of section 46a-51 of the general statutes, 746
as amended by this act, to: 747
(1) Deny any person within the jurisdiction of this state full and equal 748
accommodations in any place of public accommodation, resort or 749
amusement on the basis of that person's erased criminal history record 750
information, subject only to the conditions and limitations established 751
by law and applicable alike to all persons; or 752
(2) Discriminate, segregate or separate on account of erased criminal 753
history record information. 754
Sec. 27. (NEW) (Effective October 1, 2021) It shall be a discriminatory 755
practice under subdivision (8) of section 46a-51 of the general statutes, 756
as amended by this act, for the state system of higher education to deny 757
a person the opportunity for higher education on the basis of erased 758
criminal history record information. 759
Sec. 28. Subsection (b) of section 10a-6 of the general statutes is 760
repealed and the following is substituted in lieu thereof (Effective October 761
1, 2021): 762
(b) Within the limits of authorized expenditures, the policies of the 763
state system of higher education shall be consistent with (1) the 764
following goals: (A) To ensure that no qualified person be denied the 765
opportunity for higher education on the basis of age, sex, gender 766
identity or expression, ethnic background or social, physical or 767 Raised Bill No. 1019
LCO No. 4387 26 of 34
economic condition, or erased criminal history record information, as 768
defined in section 12 of this act, (B) to protect academic freedom, (C) to 769
provide opportunities for education and training related to the 770
economic, cultural and educational development of the state, (D) to 771
assure the fullest possible use of available resources in public and 772
private institutions of higher education, (E) to maintain standards of 773
quality ensuring a position of national leadership for state institutions 774
of higher education, (F) to apply the resources of higher education to the 775
problems of society, and (G) to foster flexibility in the policies and 776
institutions of higher education to enable the system to respond to 777
changes in the economy, society, technology and student interests; and 778
(2) the goals for higher education in the state identified in section 10a-779
11c. Said board shall review recent studies of the need for higher 780
education services, with special attention to those completed pursuant 781
to legislative action, and to meet such needs shall initiate additional 782
programs or services through one or more of the constituent units. 783
Sec. 29. (NEW) (Effective October 1, 2021) It shall be a discriminatory 784
practice under subdivision (8) of section 46a-51 of the general statutes, 785
as amended by this act, for any creditor to discriminate on the basis of 786
expunged criminal record history information, against any person 787
eighteen years of age or over in any credit transaction. 788
Sec. 30. Section 38a-358 of the general statutes is repealed and the 789
following is substituted in lieu thereof (Effective October 1, 2021): 790
The declination, cancellation or nonrenewal of a policy for private 791
passenger nonfleet automobile insurance is prohibited if the declination, 792
cancellation or nonrenewal is based: (1) On the race, religion, nationality 793
or ethnicity of the applicant or named insured; (2) solely on the lawful 794
occupation or profession of the applicant or named insured, except that 795
this provision shall not apply to any insurer which limits its market to 796
one lawful occupation or profession or to several related lawful 797
occupations or professions; (3) on the principal location of the insured 798
motor vehicle unless such decision is for a business purpose which is 799
not a mere pretext for unfair discrimination; (4) solely on the age, sex, 800 Raised Bill No. 1019
LCO No. 4387 27 of 34
gender identity or expression, [or] marital status or erased criminal 801
history record information, as defined in section 12 of this act, of an 802
applicant or an insured, except that this subdivision shall not apply to 803
an insurer in an insurer group if one or more other insurers in the group 804
would not decline an application for essentially similar coverage based 805
upon such reasons; (5) on the fact that the applicant or named insured 806
previously obtained insurance coverage through a residual market; (6) 807
on the fact that another insurer previously declined to insure the 808
applicant or terminated an existing policy in which the applicant was 809
the named insured; (7) the first or second accident within the current 810
experience period in relation to which the applicant or insured was not 811
convicted of a moving traffic violation and was not at fault; or (8) solely 812
on information contained in an insured's or applicant's credit history or 813
credit rating or solely on an applicant's lack of credit history. For the 814
purposes of subdivision (8) of this section, an insurer shall not be 815
deemed to have declined, cancelled or nonrenewed a policy if coverage 816
is available through an affiliated insurer. 817
Sec. 31. Section 38a-447 of the general statutes is repealed and the 818
following is substituted in lieu thereof (Effective October 1, 2021): 819
No life insurance company doing business in this state may: (1) Make 820
any distinction or discrimination between persons on the basis of race 821
or erased criminal history record information, as defined in section 12 822
of this act, as to the premiums or rates charged for policies upon the 823
lives of such persons; (2) demand or require greater premiums from 824
persons of one race than such as are at that time required by that 825
company from persons of another race of the same age, sex, general 826
condition of health and hope of longevity; (3) demand or require greater 827
premiums from persons with erased criminal history record 828
information than such as are at that time required by that company from 829
persons without erased criminal history record information of the same 830
age, sex, general conditions of health and hope of longevity; or [(3)] (4) 831
make or require any rebate, diminution or discount on the basis of race 832
or erased criminal history record information upon the sum to be paid 833
on any policy in case of the death of any person insured, nor insert in 834 Raised Bill No. 1019
LCO No. 4387 28 of 34
the policy any condition, nor make any stipulation whereby such person 835
insured shall bind himself, his heirs, executors, administrators or 836
assigns to accept any sum less than the full value or amount of such 837
policy, in case of a claim accruing thereon by reason of the death of such 838
person insured, other than such as are imposed upon all persons in 839
similar cases; and each such stipulation or condition so made or inserted 840
shall be void. 841
Sec. 32. Section 46a-74 of the general statutes is repealed and the 842
following is substituted in lieu thereof (Effective October 1, 2021): 843
No state department, board or agency may permit any 844
discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-845
64c or section 14, 15, 18, 19, 20, 27 or 29 of this act. 846
Sec. 33. Section 46a-79 of the general statutes is repealed and the 847
following is substituted in lieu thereof (Effective October 1, 2021): 848
The General Assembly finds that the public is best protected when 849
criminal offenders are rehabilitated and returned to society prepared to 850
take their places as productive citizens and that the ability of returned 851
offenders to find meaningful employment is directly related to their 852
normal functioning in the community. It is therefore the policy of this 853
state to encourage all employers to give favorable consideration to 854
providing jobs to qualified individuals, including those who may have 855
[criminal conviction records] conviction information, as defined in 856
section 54-142g, as amended by this act. Nothing in this section shall be 857
construed to permit any employer to refuse to hire or employ or to bar 858
or to discharge from employment or to discriminate against an 859
individual in compensation or in terms on the basis of that person's 860
erased criminal history record information, as defined in section 12 of 861
this act. 862
Sec. 34. Section 46a-80 of the general statutes is repealed and the 863
following is substituted in lieu thereof (Effective October 1, 2021): 864
(a) Except as provided in subsection (c) of this section, subsection (b) 865 Raised Bill No. 1019
LCO No. 4387 29 of 34
of section 46a-81, as amended by this act, and section 36a-489, and 866
notwithstanding any other provisions of law to the contrary, a person 867
shall not be disqualified from employment by the state or any of its 868
agencies, nor shall a person be disqualified to practice, pursue or engage 869
in any occupation, trade, vocation, profession or business for which a 870
license, permit, certificate or registration is required to be issued by the 871
state or any of its agencies solely [because of a prior conviction of a 872
crime] on the basis of that person's conviction information, as defined in 873
section 54-142g, as amended by this act. 874
(b) Except for a position for which any provision of the general 875
statutes specifically disqualifies a person from employment by the state 876
or any of its agencies [because of a prior conviction of a crime] on the 877
basis of that person's conviction information, no employer, as defined in 878
section [5-270] 12 of this act, shall inquire about a prospective 879
employee's [past convictions] conviction information until such 880
prospective employee has been deemed otherwise qualified for the 881
position in accordance with the provisions of section 31-51i, as amended 882
by this act. 883
(c) A person may be denied employment by the state or any of its 884
agencies, or a person may be denied a license, permit, certificate or 885
registration to pursue, practice or engage in an occupation, trade, 886
vocation, profession or business [by reason of the prior conviction of a 887
crime] on the basis of that person's conviction information if, after 888
considering (1) the nature of the crime and its relationship to the job for 889
which the person has applied; (2) information pertaining to the degree 890
of rehabilitation of the convicted person; and (3) the time elapsed since 891
the conviction or release, the state or any of its agencies determines that 892
the applicant is not suitable for the position of employment sought or 893
the specific occupation, trade, vocation, profession or business for which 894
the license, permit, certificate or registration is sought. In making a 895
determination under this subsection, the state or any of its agencies shall 896
give consideration to a provisional pardon issued pursuant to section 897
54-130e, or a certificate of rehabilitation issued pursuant to section 54-898
108f or 54-130e, and such provisional pardon or certificate of 899 Raised Bill No. 1019
LCO No. 4387 30 of 34
rehabilitation shall establish a presumption that such applicant has been 900
rehabilitated. If an application is denied based on [a] conviction 901
information for which the applicant has received a provisional pardon 902
or certificate of rehabilitation, the state or any of its agencies, as the case 903
may be, shall provide a written statement to the applicant of its reasons 904
for such denial. 905
(d) If [a conviction of a crime] conviction information is used as a 906
basis for rejection of an applicant, such rejection shall be in writing and 907
specifically state the evidence presented and reasons for rejection. A 908
copy of such rejection shall be sent by registered mail to the applicant. 909
(e) In no case may [records of arrest, which are not followed by a 910
conviction, or records of convictions, which have been erased] erased 911
criminal history record information, as defined in section 12 of this act, 912
nonconviction information, as defined in section 54-142g, as amended 913
by this act, or criminal history record information, as defined in section 914
54-142g, as amended by this act, apart from conviction information, be 915
used, distributed or disseminated by the state or any of its agencies in 916
connection with an application for employment or for a permit, license, 917
certificate or registration. 918
(f) Nothing in this section shall permit any employer to discriminate 919
on the basis of erased criminal history record information in violation of 920
section 31-51i, as amended by this act, or section 20 of this act. 921
Sec. 35. Subsection (a) of section 46a-81 of the general statutes is 922
repealed and the following is substituted in lieu thereof (Effective October 923
1, 2021): 924
(a) Except as provided in section 36a-489, the provisions of sections 925
46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 926
other provisions of law which purport to govern the denial of licenses, 927
permits, certificates, registrations, or other means to engage in an 928
occupation, trade, vocation, business or profession, on the grounds of a 929
lack of good moral character, or which purport to govern the suspension 930
or revocation of a license, permit, certificate or registration on the 931 Raised Bill No. 1019
LCO No. 4387 31 of 34
grounds of conviction [of a crime] information, as defined in section 54-932
142g, as amended by this act. 933
Sec. 36. Subsection (b) of section 54-142g of the general statutes is 934
repealed and the following is substituted in lieu thereof (Effective October 935
1, 2021): 936
(b) "Criminal justice agency" means any court with criminal 937
jurisdiction, the Department of Motor Vehicles or any other 938
governmental agency created by statute which is authorized by law and 939
engages, in fact, as its principal function in activities constituting the 940
administration of criminal justice, including, but not limited to, 941
organized municipal police departments, the Division of Criminal 942
Justice, the Department of Emergency Services and Public Protection, 943
including the Division of State Police, the Department of Correction, the 944
Court Support Services Division, the Office of Policy and Management, 945
the state's attorneys, assistant state's attorneys and deputy assistant 946
state's attorneys, the Board of Pardons and Paroles, the Chief Medical 947
Examiner and the Office of the Victim Advocate. "Criminal justice 948
agency" includes any component of a public, noncriminal justice agency 949
if such component is created by statute and is authorized by law and, in 950
fact, engages in activities constituting the administration of criminal 951
justice as its principal function. 952
Sec. 37. Section 52-180b of the general statutes is repealed and the 953
following is substituted in lieu thereof (Effective October 1, 2021): 954
There shall be a rebuttable presumption against admission of 955
evidence of the prior criminal conviction of an applicant or employee in 956
an action alleging that an employer has been negligent in hiring an 957
applicant or retaining an employee, or in supervising the employer's 958
agent, representative or designee with respect to hiring an applicant or 959
retaining an employee, if the applicant or employee held a valid 960
provisional pardon or certificate of rehabilitation at the time such 961
alleged negligence occurred and a party establishes, by a preponderance 962
of the evidence, that the employer knew that the applicant or employee 963 Raised Bill No. 1019
LCO No. 4387 32 of 34
held a valid provisional pardon or certificate of rehabilitation at the time 964
such alleged negligence occurred. For the purposes of this section, 965
"employer" has the same meaning as provided in section [31-51i] 12 of 966
this act. 967
Sec. 38. (NEW) (Effective October 1, 2021) (a) Notwithstanding any 968
provision of the general statutes, any offense which constitutes a breach 969
of any law of this state for which a person may be sentenced to a term 970
of imprisonment of up to but not exceeding one year shall be punishable 971
by imprisonment for a period not to exceed three hundred sixty-four 972
days. A misdemeanor conviction for which a person was sentenced to a 973
term of imprisonment of one year shall continue to be deemed a 974
misdemeanor conviction after the maximum term of imprisonment is 975
reduced pursuant to this section. 976
(b) The provisions of this section apply to any term of imprisonment 977
for which a person was sentenced to before, on or after October 1, 2021. 978
(c) Any person sentenced to a term of imprisonment of one year, prior 979
to October 1, 2021, for any offense previously punishable by a term of 980
imprisonment of up to but not exceeding one year, may apply to the 981
court that entered the judgment of conviction to have the term of 982
sentence modified to the maximum term of imprisonment for a period 983
not to exceed three hundred sixty-four days. Any such application may 984
be filed at any time and the court shall issue such modification 985
regardless of the date of conviction, provided the record of such 986
sentence has not been destroyed. 987
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 54-124a(l)
Sec. 2 October 1, 2021 54-130a
Sec. 3 October 1, 2021 54-142a
Sec. 4 October 1, 2021 54-142d
Sec. 5 January 1, 2023 New section
Sec. 6 October 1, 2021 54-142e
Sec. 7 July 1, 2021 29-11(c) Raised Bill No. 1019
LCO No. 4387 33 of 34
Sec. 8 from passage 18-82
Sec. 9 July 1, 2021 New section
Sec. 10 October 1, 2021 54-142e(a)
Sec. 11 October 1, 2021 54-142k(d)
Sec. 12 October 1, 2021 New section
Sec. 13 October 1, 2021 46a-51(7) and (8)
Sec. 14 October 1, 2021 New section
Sec. 15 October 1, 2021 New section
Sec. 16 October 1, 2021 8-265c
Sec. 17 October 1, 2021 8-315
Sec. 18 October 1, 2021 31-51i
Sec. 19 October 1, 2021 New section
Sec. 20 October 1, 2021 New section
Sec. 21 October 1, 2021 New section
Sec. 22 October 1, 2021 New section
Sec. 23 October 1, 2021 New section
Sec. 24 October 1, 2021 New section
Sec. 25 October 1, 2021 New section
Sec. 26 October 1, 2021 New section
Sec. 27 October 1, 2021 New section
Sec. 28 October 1, 2021 10a-6(b)
Sec. 29 October 1, 2021 New section
Sec. 30 October 1, 2021 38a-358
Sec. 31 October 1, 2021 38a-447
Sec. 32 October 1, 2021 46a-74
Sec. 33 October 1, 2021 46a-79
Sec. 34 October 1, 2021 46a-80
Sec. 35 October 1, 2021 46a-81(a)
Sec. 36 October 1, 2021 54-142g(b)
Sec. 37 October 1, 2021 52-180b
Sec. 38 October 1, 2021 New section
Statement of Purpose:
To (1) require certain training to members of the Board of Pardons and
Paroles and to require the board to provide a written explanation when
denying a pardon, to streamline record erasure in the case of
misdemeanors and certain felonies, (2) waive certain fees for applicants
for a pardon, (3) allow for appointment of a deputy warden to serve as
director of reentry services, (4) establish a reentry employment advisory
committee, (5) prohibit discrimination against a person based on such
person's erased criminal history record information, and (6) enact the Raised Bill No. 1019
LCO No. 4387 34 of 34
Connecticut Sentencing Commission's recommendations with respect
to misdemeanor offenses.
[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.]