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General Assembly Substitute Bill No. 1019
January Session, 2021
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repealed and the following is substituted in lieu thereof (Effective July 1, 2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
information that the board deems relevant for preparing inmates for 12
parole; 13 Substitute Bill No. 1019
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(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 Section 54-130a of the general statutes is repealed and the 30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 January 1, 2023): 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
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 Substitute Bill No. 1019
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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 January 1, 2023): 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
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 Substitute Bill No. 1019
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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
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 Substitute Bill No. 1019
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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
(e) (1) Except as provided in subdivision (2) of this subsection, 139
whenever any person has been convicted in any court of this state of a 140 Substitute Bill No. 1019
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classified or unclassified misdemeanor offense, or a class C, D or E 141
felony or an unclassified felony offense carrying a term of imprisonment 142
of not more than ten years, any police or court record and record of the 143
state's or prosecuting attorney or the prosecuting grand juror pertaining 144
to such conviction, or any record pertaining to court obligations arising 145
from such conviction held by the Board of Pardons and Paroles shall be 146
erased as follows: (A) For any classified or unclassified misdemeanor 147
offense, such records shall be erased seven years from the date on which 148
the court entered the convicted person's most recent judgment of 149
conviction (i) by operation of law, if such offense occurred on or after 150
January 1, 2000, or (ii) upon the filing of a petition on a form prescribed 151
by the Office of the Chief Court Administrator, if such offense occurred 152
prior to January 1, 2000; (B) for any class D or E felony or an unclassified 153
felony offense carrying a term of imprisonment of not more than five 154
years, such records shall be erased ten years from the date on which the 155
court entered the convicted person's most recent judgment of conviction 156
(i) by operation of law, if such offense occurred on or after January 1, 157
2000, or (ii) upon the filing of a petition on a form prescribed by the 158
Office of the Chief Court Administrator, if such offense occurred prior 159
to January 1, 2000; and (C) for any class C felony or an unclassified 160
felony offense carrying a term of imprisonment of not more than ten 161
years, but more than five years, such records shall be erased fifteen years 162
from the date on which the court entered the convicted person's most 163
recent judgment of conviction (i) by operation of law, if such offense 164
occurred on or after January 1, 2000, or (ii) upon the filing of a petition 165
on a form prescribed by the Office of the Chief Court Administrator, if 166
such offense occurred prior to January 1, 2000. 167
(2) 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
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 Substitute Bill No. 1019
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(3) If a person has been convicted of a violation of subsection (c) of 174
section 21a-279 prior to October 1, 2015, such conviction shall not be 175
considered as a most recent offense when evaluating whether a 176
sufficient period of time has elapsed for an offense to qualify for erasure 177
pursuant to this subsection. 178
(4) 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
(5) Nothing in this subsection shall be construed to require the 184
Department of Motor Vehicles to erase criminal history record 185
information on an operator's driving record. When applicable, the 186
Department of Motor Vehicles shall make such criminal history record 187
information available through the Commercial Driver's License 188
Information System. 189
(f) (1) Whenever a person was convicted of one or more 190
misdemeanors committed while such person was under eighteen years 191
of age, and the offense or offenses occurred on or after January 1, 2000, 192
and before July 1, 2012, all police and court records and records of the 193
state's or prosecuting attorney shall be (A) erased, if such record is in an 194
electronic record other than a scanned copy of a physical document, or 195
(B) deemed erased by operation of law if such record is a scanned copy 196
of a physical document or another record that is not electronic. This 197
subdivision shall not apply to a motor vehicle offense, a violation under 198
title 14 or a violation of section 51-164r. The clerk of the court or any law 199
enforcement agency having information contained in such erased 200
records shall not disclose to anyone, except the subject of the record, 201
upon submission pursuant to guidelines prescribed by the Office of the 202
Chief Court Administrator of satisfactory proof of the subject's identity, 203
information pertaining to any charge erased under this subdivision and 204
such clerk shall forward a notice of such erasure to any law enforcement 205
agency and the state's or prosecuting attorney to which he or she knows 206 Substitute Bill No. 1019
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information concerning the arrest has been disseminated directing that 207
all law enforcement and records of the state's or prosecuting attorney 208
pertaining to such case to be so erased or so deemed erased by operation 209
of law. 210
(2) Whenever a person was convicted of one or more misdemeanors 211
committed while such person was under eighteen years of age, and the 212
offense or offenses occurred before January 1, 2000, such person may file 213
a petition with the Superior Court at the location in which such 214
conviction was effected for an order of erasure, and the Superior Court 215
shall direct all police and court records and records of the state's or 216
prosecuting attorney pertaining to such case to be erased. 217
(3) Notwithstanding subsection (i) of this section, the provisions of 218
this subsection shall not apply in cases in which there has been a 219
conviction for any charge for which erasure would not apply arising 220
from the same information as any erased conviction. 221
[(e)] (g) (1) The clerk of the court [or any person charged with 222
retention and control of such records in the records center of the Judicial 223
Department] or any law enforcement agency having information 224
contained in such erased records shall not disclose to anyone, except the 225
subject of the record, upon submission pursuant to guidelines 226
prescribed by the Office of the Chief Court Administrator of satisfactory 227
proof of the subject's identity, information pertaining to any charge 228
erased under any provision of this section and such clerk [or person 229
charged with the retention and control of such records] shall forward a 230
notice of such erasure to any law enforcement agency to which he 231
knows information concerning the arrest has been disseminated and 232
such disseminated information shall be erased from the records of such 233
law enforcement agency. Such clerk [or such person, as the case may be,] 234
shall provide adequate security measures to safeguard against 235
unauthorized access to or dissemination of such records or upon the 236
request of the accused cause the actual physical destruction of such 237
records, except that such clerk [or such person] shall not cause the actual 238
physical destruction of such records until three years have elapsed from 239 Substitute Bill No. 1019
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the date of the final disposition of the criminal case to which such 240
records pertain. 241
[(2) No fee shall be charged in any court with respect to any petition 242
under this section.] 243
[(3)] (2) Any person who shall have been the subject of such an 244
erasure shall be deemed to have never been arrested within the meaning 245
of the general statutes with respect to the proceedings so erased and 246
may so swear under oath. 247
[(f)] (h) Upon motion properly brought, the court or a judge of such 248
court, if such court is not in session, shall order disclosure of such 249
records (1) to a defendant in an action for false arrest arising out of the 250
proceedings so erased, or (2) to the prosecuting attorney and defense 251
counsel in connection with any perjury charges which the prosecutor 252
alleges may have arisen from the testimony elicited during the trial, or 253
any false statement charges, or any proceeding held pursuant to section 254
53a-40b, or (3) counsel for the petitioner and the respondent in 255
connection with any habeas corpus or other collateral civil action in 256
which evidence pertaining to a nolled or dismissed criminal charge may 257
become relevant. Such disclosure of such records is subject also to any 258
records destruction program pursuant to which the records may have 259
been destroyed. The jury charge in connection with erased offenses may 260
be ordered by the judge for use by the judiciary, provided the names of 261
the accused and the witnesses are omitted therefrom. 262
[(g)] (i) The provisions of this section shall not apply to any police or 263
court records or the records of any state's attorney or prosecuting 264
attorney with respect to any information or indictment containing more 265
than one count (1) while the criminal case is pending, or (2) when the 266
criminal case is disposed of unless and until all counts are entitled to 267
erasure in accordance with the provisions of this section, except that 268
when the criminal case is disposed of, electronic records or portions of 269
electronic records released to the public that reference a charge that 270
would otherwise be entitled to erasure under this section shall be erased 271 Substitute Bill No. 1019
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in accordance with the provisions of this section. Nothing in this section 272
shall require the erasure of any information contained in the registry of 273
protective orders established pursuant to section 51-5c. For the purposes 274
of this subsection, "electronic record" means any police or court record 275
or the record of any state's attorney or prosecuting attorney that is an 276
electronic record, as defined in section 1-267, or a computer printout. 277
(j) No fee shall be charged in any court with respect to any petition 278
under this section. 279
[(h)] (k) For the purposes of this section, "court records" shall not 280
include a record or transcript of the proceedings made or prepared by 281
an official court reporter, assistant court reporter or monitor. 282
Sec. 4. Section 54-142d of the general statutes is repealed and the 283
following is substituted in lieu thereof (Effective January 1, 2023): 284
Whenever any person has been convicted of an offense in any court 285
in this state and such offense has been decriminalized subsequent to the 286
date of such conviction, such person may file a petition with the superior 287
court at the location in which such conviction was effected, or with the 288
superior court at the location having custody of the records of such 289
conviction [or with the records center of the Judicial Department] if such 290
conviction was in the Court of Common Pleas, Circuit Court, municipal 291
court or by a trial justice, in the Superior Court where venue would 292
currently exist for criminal prosecution, for an order of erasure, and the 293
Superior Court [or records center of the Judicial Department] shall 294
immediately direct all police and court records and records of the state's 295
or prosecuting attorney pertaining to such [case] offense to be physically 296
destroyed. 297
Sec. 5. (NEW) (Effective January 1, 2023) (a) The Department of 298
Emergency Services and Public Protection, in consultation with the 299
Judicial Branch and the Criminal Justice Information System Governing 300
Board established pursuant to section 54-142q of the general statutes, 301
shall develop and implement automated processes for erasure pursuant 302 Substitute Bill No. 1019
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to section 54-142a of the general statutes, as amended by this act. 303
(b) The department may, within available appropriations, 304
disseminate information, including posting information on its Internet 305
web site, regarding records that are subject to erasure under the 306
provisions of this section. 307
(c) Nothing in this section shall be construed to require the 308
destruction of paper records. 309
Sec. 6. Section 54-142e of the general statutes is repealed and the 310
following is substituted in lieu thereof (Effective January 1, 2023): 311
(a) Notwithstanding the provisions of subsection [(e)] (g) of section 312
54-142a, as amended by this act, and section 54-142c, with respect to any 313
person, including, but not limited to, a consumer reporting agency as 314
defined in subsection (i) of section 31-51i, as amended by this act, or a 315
background screening provider or similar data-based service or 316
company, that purchases criminal matters of public record, as defined 317
in said subsection (i), from the Judicial Department or any criminal 318
justice agency pursuant to subsection (b) of section 54-142g, as amended 319
by this act, the department shall make available to such person 320
information concerning such criminal matters of public record that have 321
been erased pursuant to section 54-142a, as amended by this act. Such 322
information may include docket numbers or other information that 323
permits the person to identify and permanently delete records that have 324
been erased pursuant to section 54-142a, as amended by this act. 325
(b) Each person, including, but not limited to, a consumer reporting 326
agency or background screening provider or similar data-based service 327
or company, that has purchased records of criminal matters of public 328
record from the Judicial Department or any criminal justice agency 329
shall, prior to disclosing such records, (1) purchase from the Judicial 330
Department or such criminal justice agency, on a monthly basis or on 331
such other schedule as the Judicial Department or such criminal justice 332
agency may establish, any updated criminal matters of public record or 333 Substitute Bill No. 1019
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information available for the purpose of complying with this section, 334
and (2) update its records of criminal matters of public record to 335
permanently delete such erased records not later than thirty calendar 336
days after receipt of information on the erasure of criminal records 337
pursuant to section 54-142a, as amended by this act. Such person shall 338
not further disclose such erased records. 339
Sec. 7. Subsection (c) of section 29-11 of the general statutes is 340
repealed and the following is substituted in lieu thereof (Effective July 1, 341
2021): 342
(c) (1) The Commissioner of Emergency Services and Public 343
Protection shall charge the following fees for the service indicated: [(1)] 344
(A) Name search, thirty-six dollars; [(2)] (B) fingerprint search, seventy-345
five dollars; [(3)] (C) personal record search, seventy-five dollars; [(4)] 346
(D) letters of good conduct search, seventy-five dollars; [(5)] (E) bar 347
association search, seventy-five dollars; [(6)] (F) fingerprinting, fifteen 348
dollars; [(7)] and (G) criminal history record information search, 349
seventy-five dollars. Except as provided in subsection (b) of this section, 350
the provisions of this subsection shall not apply to any federal, state or 351
municipal agency. 352
(2) The commissioner may waive fees imposed under subparagraph 353
(G) of subdivision (1) of this subsection for any applicant requesting a 354
criminal history record information search for the purpose of applying 355
for a pardon authorized pursuant to section 54-124a, as amended by this 356
act, provided such applicant completes a form prescribed by the 357
Department of Emergency Services and Public Protection representing 358
such person's indigency. 359
Sec. 8. Subsection (d) of section 54-142k of the general statutes is 360
repealed and the following is substituted in lieu thereof (Effective January 361
1, 2023): 362
(d) Nonconviction information shall be available to the subject of the 363
information and to the subject's attorney pursuant to this subsection and 364 Substitute Bill No. 1019
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subsection (e) of this section. Any person shall, upon satisfactory proof 365
of the person's identity, be entitled to inspect, for purposes of 366
verification and correction, any nonconviction information relating to 367
the person and upon the person's request shall be given a computer 368
printout or photocopy of such information for which a reasonable fee 369
may be charged, provided no erased record may be released except as 370
provided in subsection [(f)] (h) of section 54-142a, as amended by this 371
act. Before releasing any exact reproductions of nonconviction 372
information to the subject of the information, the agency holding such 373
information may remove all personal identifying information from such 374
reproductions. 375
Sec. 9. (NEW) (Effective January 1, 2023) For purposes of this section, 376
sections 11, 12 and 16 to 24, inclusive, of this act and section 26 of this 377
act, sections 8-265c and 8-315 of the general statutes, as amended by this 378
act, subsection (b) of section 10a-6 of the general statutes, as amended 379
by this act, and sections 31-51i, 38a-358, 38a-447, 46a-74, 46a-79, 46a-80 380
and 46a-81 of the general statutes, as amended by this act: 381
(1) "Commission" means the Commission on Human Rights and 382
Opportunities created by section 46a-52 of the general statutes; 383
(2) "Criminal history record information" means court records and 384
information obtained from the Judicial Department or any criminal 385
justice agency relating to arrests, releases, detentions, indictments, 386
informations or other formal criminal charges or any events and 387
outcomes arising from those arrests, releases, detentions, including 388
pleas, trials, sentences, appeals, incarcerations, correctional supervision, 389
paroles and releases, outstanding judgments and any other conviction 390
information, as defined in section 54-142g of the general statutes, as 391
amended by this act; 392
(3) "Employer" includes the state and all political subdivisions of the 393
state and means any person or employer with one or more persons in 394
such person's or employer's employ; 395 Substitute Bill No. 1019
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(4) "Erased criminal history record information" means (A) criminal 396
history record information that has been erased pursuant to section 54-397
142a of the general statutes, as amended by this act, or section 54-76o of 398
the general statutes, or any other provision of the general statutes or 399
other operation of law; (B) information relating to persons granted 400
youthful offender status pursuant to section 46b-146 of the general 401
statutes; and (C) continuances of a criminal case that are more than 402
thirteen months old; and 403
(5) "Place of public accommodation, resort or amusement" means any 404
establishment that caters or offers its services or facilities or goods to the 405
general public, including, but not limited to, any commercial property 406
or building lot on which it is intended that a commercial building will 407
be constructed or offered for sale or rent. 408
Sec. 10. Subdivisions (7) and (8) of section 46a-51 of the general 409
statutes are repealed and the following is substituted in lieu thereof 410
(Effective January 1, 2023): 411
(7) "Discriminatory employment practice" means any discriminatory 412
practice specified in subsection (b), (d), (e) or (f) of section 31-51i, as 413
amended by this act, or section 46a-60 or 46a-81c; 414
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-415
60a, 4a-60g, 31-40y, subsection (b) of section 31-51i, as amended by this 416
act, subsection (d), (e) or (f) of section 31-51i, as amended by this act, 417
subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 418
and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 419
46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, 420
inclusive, subsection (a) of section 46a-80, as amended by this act, or 421
sections 46a-81b to 46a-81o, inclusive, and sections 11, 12, 16, 17, 23, 24 422
and section 26 of this act; 423
Sec. 11. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 424
it shall be a discriminatory practice for any person to subject, or cause to 425
be subjected, any other person to the deprivation of any rights, 426 Substitute Bill No. 1019
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privileges or immunities, secured or protected by the Constitution or 427
laws of this state or of the United States, on account of a person's erased 428
criminal history record information. 429
Sec. 12. (NEW) (Effective October 1, 2021) (a) On and after January 1, 430
2023, it shall be a discriminatory practice: 431
(1) To refuse to sell or rent after the making of a bona fide offer, or to 432
refuse to negotiate for the sale or rental of, or otherwise make 433
unavailable or deny, a dwelling to any person on the basis of the erased 434
criminal history record information of (A) such buyer or renter, (B) a 435
person residing in or intending to reside in such dwelling after it is so 436
sold, rented or made available, or (C) any person associated with such 437
buyer or renter; 438
(2) To discriminate against any person in the terms, conditions or 439
privileges of the sale or rental of a dwelling, or in the provision of 440
services or facilities in connection therewith, on the basis of the erased 441
criminal history record information of (A) such buyer or renter, (B) a 442
person residing in or intending to reside in such dwelling after it is so 443
sold, rented or made available, or (C) any person associated with such 444
buyer or renter; 445
(3) To make, print or publish, or cause to be made, printed or 446
published any notice, statement or advertisement, with respect to the 447
sale or rental of a dwelling that indicates any preference, limitation or 448
discrimination, or to intend to make any such preference, limitation or 449
discrimination, based on the erased criminal history record information 450
of (A) a potential buyer or renter, (B) a person intending to reside in such 451
dwelling after it is sold, rented or made available, or (C) any person 452
associated with such potential buyer or renter; 453
(4) To represent to any person that any dwelling is not available for 454
inspection, sale or rental when such dwelling is in fact so available, on 455
the basis of the erased criminal history record information of (A) a 456
potential buyer or renter, (B) a person intending to reside in such 457 Substitute Bill No. 1019
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dwelling after it is so sold, rented or made available, or (C) any person 458
associated with such potential buyer or renter; 459
(5) For profit, to induce or attempt to induce any person to sell or rent 460
any dwelling by representations regarding the entry or prospective 461
entry into the neighborhood of a person or persons with erased criminal 462
history record information; 463
(6) For any person or other entity engaging in residential real estate-464
related transactions to discriminate against any person in making 465
available such a transaction, or in the terms or conditions of such a 466
transaction, on the basis of the erased criminal history record 467
information of (A) the other party in the transaction, (B) a person 468
residing in or intending to reside in a dwelling with such other party, or 469
(C) any person associated with such other party; 470
(7) To deny any person access to or membership or participation in 471
any multiple-listing service, real estate brokers' organization or other 472
service, organization or facility relating to the business of selling or 473
renting dwellings, or to discriminate against that person in the terms or 474
conditions of such access, membership or participation, on account of 475
that person's erased criminal history record information; or 476
(8) To coerce, intimidate, threaten or interfere with any person in the 477
exercise or enjoyment of, or on account of that person having exercised 478
or enjoyed, or on account of that person having aided or encouraged 479
any other person in the exercise or enjoyment of, any right granted or 480
protected by this section. 481
(b) The provisions of this section shall not apply to (1) the rental of a 482
room or rooms in a unit in a dwelling if the owner actually maintains 483
and occupies part of such unit as the owner's residence, or (2) a unit in 484
a dwelling containing not more than four units if the owner actually 485
maintains and occupies one of such other units as the owner's residence. 486
(c) Nothing in this section limits the applicability of any reasonable 487
state statute or municipal ordinance restricting the maximum number 488 Substitute Bill No. 1019
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of persons permitted to occupy a dwelling. 489
(d) Nothing in this section prohibits a person engaged in the business 490
of furnishing appraisals of real property to take into consideration 491
factors other than a person's erased criminal history record. 492
Sec. 13. Section 8-265c of the general statutes is repealed and the 493
following is substituted in lieu thereof (Effective January 1, 2023): 494
The authority shall require that occupancy of all housing financed or 495
otherwise assisted under this chapter be open to all persons regardless 496
of race, creed, color, national origin or ancestry, sex or gender identity 497
or expression or erased criminal history record information, as defined 498
in section 9 of this act, and that the contractors and subcontractors 499
engaged in the construction or rehabilitation of such housing shall take 500
affirmative action to provide equal opportunity for employment 501
without discrimination as to race, creed, color, national origin or 502
ancestry, sex, [or] gender identity or expression or erased criminal 503
history record information. 504
Sec. 14. Section 8-315 of the general statutes is repealed and the 505
following is substituted in lieu thereof (Effective January 1, 2023): 506
The municipality shall take all necessary steps to insure that 507
occupancy of all housing financed or otherwise assisted pursuant to this 508
chapter be open to all persons regardless of race, creed, color, national 509
origin or ancestry, sex, gender identity or expression, age, [or] physical 510
disability or erased criminal history record information, as defined in 511
section 9 of this act. 512
Sec. 15. Section 31-51i of the general statutes is repealed and the 513
following is substituted in lieu thereof (Effective January 1, 2023): 514
(a) For the purposes of this section, "employer" means [any person 515
engaged in business who has one or more employees, including the state 516
or any political subdivision of the state] employer, as defined in section 517
9 of this act. 518 Substitute Bill No. 1019
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(b) No employer shall inquire about a prospective employee's prior 519
arrests, criminal charges or convictions on an initial employment 520
application, unless (1) the employer is required to do so by an applicable 521
state or federal law, or (2) a security or fidelity bond or an equivalent 522
bond is required for the position for which the prospective employee is 523
seeking employment. 524
(c) No employer or employer's agent, representative or designee may 525
require an employee or prospective employee to disclose the existence 526
of [any arrest, criminal charge or conviction, the records of which have 527
been erased pursuant to section 46b-146, 54-76o or 54-142a] erased 528
criminal history record information, as defined in section 9 of this act. 529
(d) An employment application form that contains any question 530
concerning the criminal history of the applicant shall contain a notice, in 531
clear and conspicuous language: (1) That the applicant is not required 532
to disclose the existence of any [arrest, criminal charge or conviction, the 533
records of which have been erased pursuant to section 46b-146, 54-76o 534
or 54-142a] erased criminal history record information, (2) that [criminal 535
records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a] 536
erased criminal history record information are records pertaining to a 537
finding of delinquency or that a child was a member of a family with 538
service needs, an adjudication as a youthful offender, a criminal charge 539
that has been dismissed or nolled, a criminal charge for which the 540
person has been found not guilty or a conviction for which the person 541
received an absolute pardon or criminal records that are erased 542
pursuant to statute or by other operation of law, and (3) that any person 543
[whose criminal records have been erased pursuant to section 46b-146, 544
54-76o or 54-142a] with erased criminal history record information shall 545
be deemed to have never been arrested within the meaning of the 546
general statutes with respect to the proceedings so erased and may so 547
swear under oath. 548
(e) No employer or employer's agent, representative or designee shall 549
deny employment to a prospective employee solely on the basis that the 550
prospective employee [had a prior arrest, criminal charge or conviction, 551 Substitute Bill No. 1019
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the records of which have been erased pursuant to section 46b-146, 54-552
76o or 54-142a] has erased criminal history record information or that 553
the prospective employee had a prior conviction for which the 554
prospective employee has received a provisional pardon or certificate of 555
rehabilitation pursuant to section 54-130a, as amended by this act, or a 556
certificate of rehabilitation pursuant to section 54-108f. 557
(f) No employer or employer's agent, representative or designee shall 558
discharge, or cause to be discharged, or in any manner discriminate 559
against, any employee solely on the basis that the employee [had, prior 560
to being employed by such employer, an arrest, criminal charge or 561
conviction, the records of which have been erased pursuant to section 562
46b-146, 54-76o or 54-142a] has erased criminal history record 563
information or that the employee had, prior to being employed by such 564
employer, a prior conviction for which the employee has received a 565
provisional pardon or certificate of rehabilitation pursuant to section 54-566
130a, as amended by this act, or a certificate of rehabilitation pursuant 567
to section 54-108f. 568
(g) The portion of an employment application form that contains 569
information concerning the criminal history record of an applicant or 570
employee shall only be available to the members of the personnel 571
department of the company, firm or corporation or, if the company, firm 572
or corporation does not have a personnel department, the person in 573
charge of employment, and to any employee or member of the 574
company, firm or corporation, or an agent of such employee or member, 575
involved in the interviewing of the applicant. 576
(h) Notwithstanding the provisions of subsection (g) of this section, 577
the portion of an employment application form that contains 578
information concerning the criminal history record of an applicant or 579
employee may be made available as necessary to persons other than 580
those specified in said subsection (g) by: 581
(1) A broker-dealer or investment adviser registered under chapter 582
672a in connection with (A) the possible or actual filing of, or the 583 Substitute Bill No. 1019
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collection or retention of information contained in, a form U-4 Uniform 584
Application for Securities Industry Registration or Transfer, (B) the 585
compliance responsibilities of such broker-dealer or investment adviser 586
under state or federal law, or (C) the applicable rules of self-regulatory 587
organizations promulgated in accordance with federal law; 588
(2) An insured depository institution in connection with (A) the 589
management of risks related to safety and soundness, security or 590
privacy of such institution, (B) any waiver that may possibly or actually 591
be sought by such institution pursuant to section 19 of the Federal 592
Deposit Insurance Act, 12 USC 1829(a), (C) the possible or actual 593
obtaining by such institution of any security or fidelity bond, or (D) the 594
compliance responsibilities of such institution under state or federal 595
law; and 596
(3) An insurance producer licensed under chapter 701a in connection 597
with (A) the management of risks related to security or privacy of such 598
insurance producer, or (B) the compliance responsibilities of such 599
insurance producer under state or federal law. 600
(i) (1) For the purposes of this subsection: (A) "Consumer reporting 601
agency" means any person who regularly engages, in whole or in part, 602
in the practice of assembling or preparing consumer reports for a fee, 603
which reports compile and report items of information on consumers 604
that are matters of public record and are likely to have an adverse effect 605
on a consumer's ability to obtain employment, but does not include any 606
public agency; (B) "consumer report" means any written, oral or other 607
communication of information bearing on an individual's credit 608
worthiness, credit standing, credit capacity, character, general 609
reputation, personal characteristics or mode of living; and (C) "criminal 610
matters of public record" means information obtained from the Judicial 611
Department or any criminal justice agency, as defined in section 54-612
142g, as amended by this act, relating to arrests, indictments, 613
convictions, outstanding judgments [,] and any other conviction 614
information, as defined in section 54-142g, as amended by this act. 615 Substitute Bill No. 1019
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(2) Each consumer reporting agency that issues a consumer report 616
that is used or is expected to be used for employment purposes and that 617
includes in such report criminal matters of public record concerning the 618
consumer shall: 619
(A) At the time the consumer reporting agency issues such consumer 620
report to a person other than the consumer who is the subject of the 621
report, provide the consumer who is the subject of the consumer report 622
(i) notice that the consumer reporting agency is reporting criminal 623
matters of public record, and (ii) the name and address of the person to 624
whom such consumer report is being issued; 625
(B) Maintain procedures designed to ensure that any criminal matter 626
of public record reported is complete and up-to-date as of the date the 627
consumer report is issued, which procedures shall, at a minimum, 628
conform to the requirements set forth in section 54-142e, as amended by 629
this act. 630
(3) This subsection shall not apply in the case of an agency or 631
department of the United States government seeking to obtain and use 632
a consumer report for employment purposes if the head of the agency 633
or department makes a written finding pursuant to 15 USC 634
1681b(b)(4)(A). 635
(j) An employee or prospective employee may file a complaint with 636
the Labor Commissioner alleging an employer's violation of subsection 637
(a), (c), (g), (h) or (i) of this section. For any alleged violation by an 638
employer of subsection (b), (d), (e) or (f) of this section, an employee or 639
prospective employee may file a complaint with the Commission on 640
Human Rights and Opportunities pursuant to section 46a-82 or may 641
bring an action in the Superior Court against the employer for violating 642
this section for declaratory or injunctive relief, damages or any other 643
remedy available under law, at the sole election of the employee or 644
prospective employee. 645
Sec. 16. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 646 Substitute Bill No. 1019
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it shall be a discriminatory practice for: (1) An employer or employer's 647
agent, representative or designee to discriminate against that person in 648
compensation or in terms, conditions or privileges of employment on 649
the basis of that person's erased criminal history record information, (2) 650
any employment agency to fail or refuse to classify properly or refer for 651
employment or otherwise to discriminate against any person on the 652
basis of that person's erased criminal history record information, (3) a 653
labor organization, on the basis of the erased criminal history record 654
information of any person, to exclude from full membership rights or to 655
expel from its membership that person or to discriminate in any way 656
against any of its members or against any employer or any individual 657
employed by an employer, or (4) any person, employer, employment 658
agency or labor organization, to advertise employment opportunities in 659
such a manner as to restrict such employment so as to discriminate 660
against persons on the basis of their erased criminal history record 661
information. 662
Sec. 17. (NEW) (Effective October 1, 2021) (a) On and after January 1, 663
2023, it shall be a discriminatory practice for any association, board or 664
other organization the principal purpose of which is the furtherance of 665
the professional or occupational interests of its members, whose 666
profession, trade or occupation requires a state license, to refuse to 667
accept a person as a member of such association, board or organization 668
solely on the basis of that person's erased criminal history record 669
information. 670
(b) Any association, board or other organization that violates the 671
provisions of this section shall be fined not less than one hundred 672
dollars or more than five hundred dollars. 673
Sec. 18. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 674
state officials and supervisory personnel shall recruit, appoint, assign, 675
train, evaluate and promote state personnel on the basis of merit and 676
qualifications, without regard for erased criminal history record 677
information. 678 Substitute Bill No. 1019
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Sec. 19. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 679
no state department, board or agency may grant, deny or revoke the 680
license or charter of any person on the basis of that person's erased 681
criminal history record information, except that the Department of 682
Motor Vehicles may consider erased criminal history record 683
information to the extent required by 49 CFR 384, as amended from time 684
to time. 685
Sec. 20. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 686
all educational, counseling and vocational guidance programs and all 687
apprenticeship and on-the-job training programs of state agencies, or in 688
which state agencies participate, shall be open to all qualified persons, 689
without regard to a person's erased criminal history record information. 690
Sec. 21. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 691
erased criminal history record information shall not be considered as a 692
limiting factor in state-administered programs involving the 693
distribution of funds to qualify applicants for benefits authorized by 694
law. 695
Sec. 22. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 696
services of every state agency shall be performed without 697
discrimination on the basis of erased criminal history record 698
information. 699
Sec. 23. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 700
it shall be a discriminatory practice to: 701
(1) Deny any person within the jurisdiction of this state full and equal 702
accommodations in any place of public accommodation, resort or 703
amusement on the basis of that person's erased criminal history record 704
information, subject only to the conditions and limitations established 705
by law and applicable alike to all persons; or 706
(2) Discriminate, segregate or separate on account of erased criminal 707
history record information. 708 Substitute Bill No. 1019
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Sec. 24. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 709
it shall be a discriminatory practice for the state system of higher 710
education to deny a person the opportunity for higher education on the 711
basis of erased criminal history record information. 712
Sec. 25. Subsection (b) of section 10a-6 of the general statutes is 713
repealed and the following is substituted in lieu thereof (Effective January 714
1, 2023): 715
(b) Within the limits of authorized expenditures, the policies of the 716
state system of higher education shall be consistent with (1) the 717
following goals: (A) To ensure that no qualified person be denied the 718
opportunity for higher education on the basis of age, sex, gender 719
identity or expression, ethnic background or social, physical or 720
economic condition, or erased criminal history record information, as 721
defined in section 9 of this act, (B) to protect academic freedom, (C) to 722
provide opportunities for education and training related to the 723
economic, cultural and educational development of the state, (D) to 724
assure the fullest possible use of available resources in public and 725
private institutions of higher education, (E) to maintain standards of 726
quality ensuring a position of national leadership for state institutions 727
of higher education, (F) to apply the resources of higher education to the 728
problems of society, and (G) to foster flexibility in the policies and 729
institutions of higher education to enable the system to respond to 730
changes in the economy, society, technology and student interests; and 731
(2) the goals for higher education in the state identified in section 10a-732
11c. Said board shall review recent studies of the need for higher 733
education services, with special attention to those completed pursuant 734
to legislative action, and to meet such needs shall initiate additional 735
programs or services through one or more of the constituent units. 736
Sec. 26. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 737
it shall be a discriminatory practice for any creditor to discriminate on 738
the basis of erased criminal record history information, against any 739
person eighteen years of age or over in any credit transaction. 740 Substitute Bill No. 1019
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Sec. 27. Section 38a-358 of the general statutes is repealed and the 741
following is substituted in lieu thereof (Effective January 1, 2023): 742
The declination, cancellation or nonrenewal of a policy for private 743
passenger nonfleet automobile insurance is prohibited if the declination, 744
cancellation or nonrenewal is based: (1) On the race, religion, nationality 745
or ethnicity of the applicant or named insured; (2) solely on the lawful 746
occupation or profession of the applicant or named insured, except that 747
this provision shall not apply to any insurer which limits its market to 748
one lawful occupation or profession or to several related lawful 749
occupations or professions; (3) on the principal location of the insured 750
motor vehicle unless such decision is for a business purpose which is 751
not a mere pretext for unfair discrimination; (4) solely on the age, sex, 752
gender identity or expression, [or] marital status or erased criminal 753
history record information, as defined in section 9 of this act, of an 754
applicant or an insured, except that this subdivision shall not apply to 755
an insurer in an insurer group if one or more other insurers in the group 756
would not decline an application for essentially similar coverage based 757
upon such reasons; (5) on the fact that the applicant or named insured 758
previously obtained insurance coverage through a residual market; (6) 759
on the fact that another insurer previously declined to insure the 760
applicant or terminated an existing policy in which the applicant was 761
the named insured; (7) the first or second accident within the current 762
experience period in relation to which the applicant or insured was not 763
convicted of a moving traffic violation and was not at fault; or (8) solely 764
on information contained in an insured's or applicant's credit history or 765
credit rating or solely on an applicant's lack of credit history. For the 766
purposes of subdivision (8) of this section, an insurer shall not be 767
deemed to have declined, cancelled or nonrenewed a policy if coverage 768
is available through an affiliated insurer. 769
Sec. 28. Section 38a-447 of the general statutes is repealed and the 770
following is substituted in lieu thereof (Effective January 1, 2023): 771
No life insurance company doing business in this state may: (1) Make 772
any distinction or discrimination between persons on the basis of race 773 Substitute Bill No. 1019
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or erased criminal history record information, as defined in section 9 of 774
this act, as to the premiums or rates charged for policies upon the lives 775
of such persons; (2) demand or require greater premiums from persons 776
of one race than such as are at that time required by that company from 777
persons of another race of the same age, sex, general condition of health 778
and hope of longevity; (3) demand or require greater premiums from 779
persons with erased criminal history record information than such as 780
are at that time required by that company from persons without erased 781
criminal history record information of the same age, sex, general 782
conditions of health and hope of longevity; or [(3)] (4) make or require 783
any rebate, diminution or discount on the basis of race or erased 784
criminal history record information upon the sum to be paid on any 785
policy in case of the death of any person insured, nor insert in the policy 786
any condition, nor make any stipulation whereby such person insured 787
shall bind himself, his heirs, executors, administrators or assigns to 788
accept any sum less than the full value or amount of such policy, in case 789
of a claim accruing thereon by reason of the death of such person 790
insured, other than such as are imposed upon all persons in similar 791
cases; and each such stipulation or condition so made or inserted shall 792
be void. 793
Sec. 29. Section 46a-74 of the general statutes is repealed and the 794
following is substituted in lieu thereof (Effective January 1, 2023): 795
No state department, board or agency may permit any 796
discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-797
64c or section 11, 12, 16, 17, 23, 24 or 26 of this act. 798
Sec. 30. Section 46a-79 of the general statutes is repealed and the 799
following is substituted in lieu thereof (Effective January 1, 2023): 800
The General Assembly finds that the public is best protected when 801
criminal offenders are rehabilitated and returned to society prepared to 802
take their places as productive citizens and that the ability of returned 803
offenders to find meaningful employment is directly related to their 804
normal functioning in the community. It is therefore the policy of this 805 Substitute Bill No. 1019
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state to encourage all employers to give favorable consideration to 806
providing jobs to qualified individuals, including those who may have 807
[criminal conviction records] conviction information, as defined in 808
section 54-142g, as amended by this act. Nothing in this section shall be 809
construed to permit any employer to refuse to hire or employ or to bar 810
or to discharge from employment or to discriminate against an 811
individual in compensation or in terms on the basis of that person's 812
erased criminal history record information, as defined in section 9 of this 813
act. 814
Sec. 31. Section 46a-80 of the general statutes is repealed and the 815
following is substituted in lieu thereof (Effective January 1, 2023): 816
(a) Except as provided in subsection (c) of this section, subsection (b) 817
of section 46a-81, as amended by this act, and section 36a-489, and 818
notwithstanding any other provisions of law to the contrary, a person 819
shall not be disqualified from employment by the state or any of its 820
agencies, nor shall a person be disqualified to practice, pursue or engage 821
in any occupation, trade, vocation, profession or business for which a 822
license, permit, certificate or registration is required to be issued by the 823
state or any of its agencies solely [because of a prior conviction of a 824
crime] on the basis of that person's conviction information, as defined in 825
section 54-142g, as amended by this act. 826
(b) Except for a position for which any provision of the general 827
statutes specifically disqualifies a person from employment by the state 828
or any of its agencies [because of a prior conviction of a crime] on the 829
basis of that person's conviction information, no employer, as defined in 830
section [5-270] 9 of this act, shall inquire about a prospective employee's 831
[past convictions] conviction information until such prospective 832
employee has been deemed otherwise qualified for the position in 833
accordance with the provisions of section 31-51i, as amended by this act. 834
(c) A person may be denied employment by the state or any of its 835
agencies, or a person may be denied a license, permit, certificate or 836
registration to pursue, practice or engage in an occupation, trade, 837 Substitute Bill No. 1019
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vocation, profession or business [by reason of the prior conviction of a 838
crime] on the basis of that person's conviction information if, after 839
considering (1) the nature of the crime and its relationship to the job for 840
which the person has applied; (2) information pertaining to the degree 841
of rehabilitation of the convicted person; and (3) the time elapsed since 842
the conviction or release, the state or any of its agencies determines that 843
the applicant is not suitable for the position of employment sought or 844
the specific occupation, trade, vocation, profession or business for which 845
the license, permit, certificate or registration is sought. In making a 846
determination under this subsection, the state or any of its agencies shall 847
give consideration to a provisional pardon issued pursuant to section 848
54-130e, or a certificate of rehabilitation issued pursuant to section 54-849
108f or 54-130e, and such provisional pardon or certificate of 850
rehabilitation shall establish a presumption that such applicant has been 851
rehabilitated. If an application is denied based on [a] conviction 852
information for which the applicant has received a provisional pardon 853
or certificate of rehabilitation, the state or any of its agencies, as the case 854
may be, shall provide a written statement to the applicant of its reasons 855
for such denial. 856
(d) If [a conviction of a crime] conviction information is used as a 857
basis for rejection of an applicant, such rejection shall be in writing and 858
specifically state the evidence presented and reasons for rejection. A 859
copy of such rejection shall be sent by registered mail to the applicant. 860
(e) In no case may [records of arrest, which are not followed by a 861
conviction, or records of convictions, which have been erased] erased 862
criminal history record information, as defined in section 9 of this act, 863
nonconviction information, as defined in section 54-142g, as amended 864
by this act, or criminal history record information, as defined in section 865
54-142g, as amended by this act, apart from conviction information, be 866
used, distributed or disseminated by the state or any of its agencies in 867
connection with an application for employment or for a permit, license, 868
certificate or registration. 869
(f) Nothing in this section shall permit any employer to discriminate 870 Substitute Bill No. 1019
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on the basis of erased criminal history record information in violation of 871
section 31-51i, as amended by this act, or section 17 of this act. 872
Sec. 32. Subsection (a) of section 46a-81 of the general statutes is 873
repealed and the following is substituted in lieu thereof (Effective January 874
1, 2023): 875
(a) Except as provided in section 36a-489, the provisions of sections 876
46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 877
other provisions of law which purport to govern the denial of licenses, 878
permits, certificates, registrations, or other means to engage in an 879
occupation, trade, vocation, business or profession, on the grounds of a 880
lack of good moral character, or which purport to govern the suspension 881
or revocation of a license, permit, certificate or registration on the 882
grounds of conviction [of a crime] information, as defined in section 54-883
142g, as amended by this act. 884
Sec. 33. Subsection (b) of section 54-142g of the general statutes is 885
repealed and the following is substituted in lieu thereof (Effective January 886
1, 2023): 887
(b) "Criminal justice agency" means any court with criminal 888
jurisdiction, the Department of Motor Vehicles or any other 889
governmental agency created by statute which is authorized by law and 890
engages, in fact, as its principal function in activities constituting the 891
administration of criminal justice, including, but not limited to, 892
organized municipal police departments, the Division of Criminal 893
Justice, the Department of Emergency Services and Public Protection, 894
including the Division of State Police, the Department of Correction, the 895
Court Support Services Division, the Office of Policy and Management, 896
the state's attorneys, assistant state's attorneys and deputy assistant 897
state's attorneys, the Board of Pardons and Paroles, the Chief Medical 898
Examiner and the Office of the Victim Advocate. "Criminal justice 899
agency" includes any component of a public, noncriminal justice agency 900
if such component is created by statute and is authorized by law and, in 901
fact, engages in activities constituting the administration of criminal 902 Substitute Bill No. 1019
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justice as its principal function. 903
Sec. 34. Section 52-180b of the general statutes is repealed and the 904
following is substituted in lieu thereof (Effective January 1, 2023): 905
There shall be a rebuttable presumption against admission of 906
evidence of the prior criminal conviction of an applicant or employee in 907
an action alleging that an employer has been negligent in hiring an 908
applicant or retaining an employee, or in supervising the employer's 909
agent, representative or designee with respect to hiring an applicant or 910
retaining an employee, if the applicant or employee held a valid 911
provisional pardon or certificate of rehabilitation at the time such 912
alleged negligence occurred and a party establishes, by a preponderance 913
of the evidence, that the employer knew that the applicant or employee 914
held a valid provisional pardon or certificate of rehabilitation at the time 915
such alleged negligence occurred. For the purposes of this section, 916
"employer" has the same meaning as provided in section [31-51i] 9 of 917
this act. 918
Sec. 35. (NEW) (Effective October 1, 2021) (a) Notwithstanding any 919
provision of the general statutes, any offense which constitutes a breach 920
of any law of this state for which a person may be sentenced to a term 921
of imprisonment of up to but not exceeding one year shall be punishable 922
by imprisonment for a period not to exceed three hundred sixty-four 923
days. A misdemeanor conviction for which a person was sentenced to a 924
term of imprisonment of one year shall continue to be deemed a 925
misdemeanor conviction after the maximum term of imprisonment is 926
reduced pursuant to this section. 927
(b) The provisions of this section apply to any term of imprisonment 928
for which a person was sentenced to before, on or after October 1, 2021. 929
(c) Any person sentenced to a term of imprisonment of one year, prior 930
to October 1, 2021, for any offense previously punishable by a term of 931
imprisonment of up to but not exceeding one year, may apply to the 932
court that entered the judgment of conviction to have the term of 933 Substitute Bill No. 1019
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sentence modified to the maximum term of imprisonment for a period 934
not to exceed three hundred sixty-four days. Any such application may 935
be filed at any time and the court shall issue such modification 936
regardless of the date of conviction, provided the record of such 937
sentence has not been destroyed. 938
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 54-124a(l)
Sec. 2 January 1, 2023 54-130a
Sec. 3 January 1, 2023 54-142a
Sec. 4 January 1, 2023 54-142d
Sec. 5 January 1, 2023 New section
Sec. 6 January 1, 2023 54-142e
Sec. 7 July 1, 2021 29-11(c)
Sec. 8 January 1, 2023 54-142k(d)
Sec. 9 January 1, 2023 New section
Sec. 10 January 1, 2023 46a-51(7) and (8)
Sec. 11 October 1, 2021 New section
Sec. 12 October 1, 2021 New section
Sec. 13 January 1, 2023 8-265c
Sec. 14 January 1, 2023 8-315
Sec. 15 January 1, 2023 31-51i
Sec. 16 October 1, 2021 New section
Sec. 17 October 1, 2021 New section
Sec. 18 October 1, 2021 New section
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 January 1, 2023 10a-6(b)
Sec. 26 October 1, 2021 New section
Sec. 27 January 1, 2023 38a-358
Sec. 28 January 1, 2023 38a-447
Sec. 29 January 1, 2023 46a-74
Sec. 30 January 1, 2023 46a-79 Substitute Bill No. 1019
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Sec. 31 January 1, 2023 46a-80
Sec. 32 January 1, 2023 46a-81(a)
Sec. 33 January 1, 2023 54-142g(b)
Sec. 34 January 1, 2023 52-180b
Sec. 35 October 1, 2021 New section
Statement of Legislative Commissioners:
Sections 6 and 8 were merged as they amended the same section and
remaining sections and internal references were renumbered
accordingly.
JUD Joint Favorable Subst.