CT
Connecticut Senate Bill SB01019

Connecticut 2021 Regular Session

Connecticut Senate Bill SB01019 Compare Versions

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7+General Assembly Substitute Bill No. 1019
8+January Session, 2021
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4-Substitute Senate Bill No. 1019
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6-Public Act No. 21-32
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914 AN ACT CONCERNING TH E BOARD OF PARDONS A ND PAROLES,
10-ERASURE OF CRIMINAL RECORDS FOR CERTAIN
11-MISDEMEANOR AND FELONY OFFENSES, PROHIBITING
12-DISCRIMINATION BASED ON ERASED CRIMINAL HISTORY
13-RECORD INFORMATION AND CONCERNING THE
14-RECOMMENDATIONS OF THE CONNECTICUT SENTENCING
15-COMMISSION WITH RESPECT TO MISDEMEANOR SENTENCES.
15+ERASURE OF CRIMINAL RECORDS FOR CERTAIN MISDEMEANOR
16+AND FELONY OFFENSES, PROHIBITING DISCRIMINATION BASED
17+ON ERASED CRIMINAL H ISTORY RECORD INFORM ATION AND
18+CONCERNING THE RECOM MENDATIONS OF THE CO NNECTICUT
19+SENTENCING COMMISSIO N WITH RESPECT TO MISDEMEANOR
20+SENTENCES.
1621 Be it enacted by the Senate and House of Representatives in General
1722 Assembly convened:
1823
19-Section 1. Subsection (l) of section 54-124a of the general statutes is
20-repealed and the following is substituted in lieu thereof (Effective July 1,
21-2021):
22-(l) The chairperson and executive director shall establish:
23-(1) In consultation with the Department of Correction, a parole
24-orientation program for all parole-eligible inmates upon their transfer
25-to the custody of the Commissioner of Correction that will provide
26-general information on the laws and policies regarding parole release,
27-calculation of time-served standards, general conditions of release,
28-supervision practices, revocation and rescission policies, and
29-procedures for administrative review and panel hearings, and any other
30-information that the board deems relevant for preparing inmates for
31-parole; Substitute Senate Bill No. 1019
24+Section 1. Subsection (l) of section 54-124a of the general statutes is 1
25+repealed and the following is substituted in lieu thereof (Effective July 1, 2
26+2021): 3
27+(l) The chairperson and executive director shall establish: 4
28+(1) In consultation with the Department of Correction, a parole 5
29+orientation program for all parole-eligible inmates upon their transfer 6
30+to the custody of the Commissioner of Correction that will provide 7
31+general information on the laws and policies regarding parole release, 8
32+calculation of time-served standards, general conditions of release, 9
33+supervision practices, revocation and rescission policies, and 10
34+procedures for administrative review and panel hearings, and any other 11
35+information that the board deems relevant for preparing inmates for 12
36+parole; 13 Substitute Bill No. 1019
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35-(2) An incremental sanctions system for parole violations including,
36-but not limited to, reincarceration based on the type, severity and
37-frequency of the violation and specific periods of incarceration for
38-certain types of violations; [and]
39-(3) A formal training program for members of the board and parole
40-officers, to be completed annually by each member, that shall include,
41-but not be limited to, an overview of the criminal justice system, the
42-parole system including factors to be considered in granting parole,
43-victim rights and services, reentry strategies, risk assessment, case
44-management and mental health issues; [. Each member shall complete
45-such training annually.] and
46-(4) A formal training program to be completed annually by each
47-member of the board on the pardons process, including information
48-concerning collateral consequences a person with a criminal record may
49-face due to having a criminal record, such as when applying for housing
50-or employment.
51-Sec. 2. Section 54-130a of the general statutes is repealed and the
52-following is substituted in lieu thereof (Effective January 1, 2023):
53-(a) Jurisdiction over the granting of, and the authority to grant,
54-commutations of punishment or releases, conditioned or absolute, in the
55-case of any person convicted of any offense against the state and
56-commutations from the penalty of death shall be vested in the Board of
57-Pardons and Paroles.
58-(b) The board shall have authority to grant pardons, conditioned,
59-provisional or absolute, or certificates of rehabilitation for any offense
60-against the state at any time after the imposition and before or after the
61-service of any sentence.
62-(c) The board may accept an application for a pardon three years after
63-an applicant's conviction of a misdemeanor or violation and five years Substitute Senate Bill No. 1019
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43+(2) An incremental sanctions system for parole violations including, 14
44+but not limited to, reincarceration based on the type, severity and 15
45+frequency of the violation and specific periods of incarceration for 16
46+certain types of violations; [and] 17
47+(3) A formal training program for members of the board and parole 18
48+officers, to be completed annually by each member, that shall include, 19
49+but not be limited to, an overview of the criminal justice system, the 20
50+parole system including factors to be considered in granting parole, 21
51+victim rights and services, reentry strategies, risk assessment, case 22
52+management and mental health issues; [. Each member shall complete 23
53+such training annually.] and 24
54+(4) A formal training program to be completed annually by each 25
55+member of the board on the pardons process, including information 26
56+concerning collateral consequences a person with a criminal record may 27
57+face due to having a criminal record, such as when applying for housing 28
58+or employment. 29
59+Sec. 2. Section 54-130a of the general statutes is repealed and the 30
60+following is substituted in lieu thereof (Effective January 1, 2023): 31
61+(a) Jurisdiction over the granting of, and the authority to grant, 32
62+commutations of punishment or releases, conditioned or absolute, in the 33
63+case of any person convicted of any offense against the state and 34
64+commutations from the penalty of death shall be vested in the Board of 35
65+Pardons and Paroles. 36
66+(b) The board shall have authority to grant pardons, conditioned, 37
67+provisional or absolute, or certificates of rehabilitation for any offense 38
68+against the state at any time after the imposition and before or after the 39
69+service of any sentence. 40
70+(c) The board may accept an application for a pardon three years after 41
71+an applicant's conviction of a misdemeanor or violation and five years 42
72+after an applicant's conviction of a felony, except that the board, upon a 43
73+finding of extraordinary circumstances, may accept an application for a 44 Substitute Bill No. 1019
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67-after an applicant's conviction of a felony, except that the board, upon a
68-finding of extraordinary circumstances, may accept an application for a
69-pardon prior to such dates.
70-(d) Whenever the board grants an absolute pardon to any person, the
71-board shall cause notification of such pardon to be made in writing to
72-the clerk of the court in which such person was convicted, or the Office
73-of the Chief Court Administrator if such person was convicted in the
74-Court of Common Pleas, the Circuit Court, a municipal court, or a trial
75-justice court.
76-(e) Whenever the board grants a provisional pardon or a certificate of
77-rehabilitation to any person, the board shall cause notification of such
78-provisional pardon or certificate of rehabilitation to be made in writing
79-to the clerk of the court in which such person was convicted. The
80-granting of a provisional pardon or a certificate of rehabilitation does
81-not entitle such person to erasure of the record of the conviction of the
82-offense or relieve such person from disclosing the existence of such
83-conviction as may be required.
84-(f) In the case of any person convicted of a violation for which a
85-sentence to a term of imprisonment may be imposed, the board shall
86-have authority to grant a pardon, conditioned, provisional or absolute,
87-or a certificate of rehabilitation in the same manner as in the case of any
88-person convicted of an offense against the state.
89-(g) The board shall not deny any application for a pardon, unless the
90-board provides a statement in writing to the applicant of the factors
91-considered when determining whether the applicant qualified for the
92-pardon and an explanation as to which factors were not satisfied.
93-Sec. 3. Section 54-142a of the general statutes is repealed and the
94-following is substituted in lieu thereof (Effective January 1, 2023):
95-(a) Whenever in any criminal case, on or after October 1, 1969, the Substitute Senate Bill No. 1019
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99-accused, by a final judgment, is found not guilty of the charge or the
100-charge is dismissed, all police and court records and records of any
101-state's attorney pertaining to such charge shall be erased upon the
102-expiration of the time to file a writ of error or take an appeal, if an appeal
103-is not taken, or upon final determination of the appeal sustaining a
104-finding of not guilty or a dismissal, if an appeal is taken. Nothing in this
105-subsection shall require the erasure of any record pertaining to a charge
106-for which the defendant was found not guilty by reason of mental
107-disease or defect or guilty but not criminally responsible by reason of
108-mental disease or defect.
109-(b) Whenever in any criminal case prior to October 1, 1969, the
110-accused, by a final judgment, was found not guilty of the charge or the
111-charge was dismissed, all police and court records and records of the
112-state's or prosecuting attorney or the prosecuting grand juror pertaining
113-to such charge shall be erased by operation of law and the clerk or any
114-person charged with the retention and control of such records shall not
115-disclose to anyone their existence or any information pertaining to any
116-charge so erased; provided nothing in this subsection shall prohibit the
117-arrested person or any one of his heirs from filing a petition for erasure
118-with the court granting such not guilty judgment or dismissal, or, where
119-the matter had been before a municipal court, a trial justice, the Circuit
120-Court or the Court of Common Pleas [with the records center of the
121-Judicial Department] in the Superior Court where venue would exist for
122-criminal prosecution and thereupon all police and court records and
123-records of the state's attorney, prosecuting attorney or prosecuting
124-grand juror pertaining to such charge shall be erased. Nothing in this
125-subsection shall require the erasure of any record pertaining to a charge
126-for which the defendant was found not guilty by reason of mental
127-disease or defect.
128-(c) (1) Whenever any charge in a criminal case has been nolled in the
129-Superior Court, or in the Court of Common Pleas, if at least thirteen Substitute Senate Bill No. 1019
80+pardon prior to such dates. 45
81+(d) Whenever the board grants an absolute pardon to any person, the 46
82+board shall cause notification of such pardon to be made in writing to 47
83+the clerk of the court in which such person was convicted, or the Office 48
84+of the Chief Court Administrator if such person was convicted in the 49
85+Court of Common Pleas, the Circuit Court, a municipal court, or a trial 50
86+justice court. 51
87+(e) Whenever the board grants a provisional pardon or a certificate of 52
88+rehabilitation to any person, the board shall cause notification of such 53
89+provisional pardon or certificate of rehabilitation to be made in writing 54
90+to the clerk of the court in which such person was convicted. The 55
91+granting of a provisional pardon or a certificate of rehabilitation does 56
92+not entitle such person to erasure of the record of the conviction of the 57
93+offense or relieve such person from disclosing the existence of such 58
94+conviction as may be required. 59
95+(f) In the case of any person convicted of a violation for which a 60
96+sentence to a term of imprisonment may be imposed, the board shall 61
97+have authority to grant a pardon, conditioned, provisional or absolute, 62
98+or a certificate of rehabilitation in the same manner as in the case of any 63
99+person convicted of an offense against the state. 64
100+(g) The board shall not deny any application for a pardon, unless the 65
101+board provides a statement in writing to the applicant of the factors 66
102+considered when determining whether the applicant qualified for the 67
103+pardon and an explanation as to which factors were not satisfied. 68
104+Sec. 3. Section 54-142a of the general statutes is repealed and the 69
105+following is substituted in lieu thereof (Effective January 1, 2023): 70
106+(a) Whenever in any criminal case, on or after October 1, 1969, the 71
107+accused, by a final judgment, is found not guilty of the charge or the 72
108+charge is dismissed, all police and court records and records of any 73
109+state's attorney pertaining to such charge shall be erased upon the 74
110+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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133-months have elapsed since such nolle, all police and court records and
134-records of the state's or prosecuting attorney or the prosecuting grand
135-juror pertaining to such charge shall be erased, except that in cases of
136-nolles entered in the Superior Court, Court of Common Pleas, Circuit
137-Court, municipal court or by a justice of the peace prior to April 1, 1972,
138-such records shall be deemed erased by operation of law and the clerk
139-or the person charged with the retention and control of such records
140-shall not disclose to anyone their existence or any information
141-pertaining to any charge so erased, provided nothing in this subsection
142-shall prohibit the arrested person or any one of his heirs from filing a
143-petition to the court [or to the records center of the Judicial Department,
144-as the case may be,] to have such records erased, in which case such
145-records shall be erased.
146-(2) Whenever any charge in a criminal case has been continued at the
147-request of the prosecuting attorney, and a period of thirteen months has
148-elapsed since the granting of such continuance during which period
149-there has been no prosecution or other disposition of the matter, the
150-charge shall be nolled upon motion of the arrested person and such
151-erasure may thereafter be effected or a petition filed therefor, as the case
152-may be, as provided in this subsection for nolled cases.
153-(d) (1) Whenever prior to October 1, 1974, any person who has been
154-convicted of an offense in any court of this state has received an absolute
155-pardon for such offense, such person or any one of his heirs may, at any
156-time subsequent to such pardon, file a petition with the [superior court]
157-Superior Court at the location in which such conviction was effected, or
158-with the [superior court] Superior Court at the location having custody
159-of the records of such conviction or [with the records center of the
160-Judicial Department] if such conviction was in the Court of Common
161-Pleas, Circuit Court, municipal court or by a trial justice court, in the
162-Superior Court where venue would exist for criminal prosecution, for
163-an order of erasure, and the Superior Court [or records center of the Substitute Senate Bill No. 1019
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117+is not taken, or upon final determination of the appeal sustaining a 76
118+finding of not guilty or a dismissal, if an appeal is taken. Nothing in this 77
119+subsection shall require the erasure of any record pertaining to a charge 78
120+for which the defendant was found not guilty by reason of mental 79
121+disease or defect or guilty but not criminally responsible by reason of 80
122+mental disease or defect. 81
123+(b) Whenever in any criminal case prior to October 1, 1969, the 82
124+accused, by a final judgment, was found not guilty of the charge or the 83
125+charge was dismissed, all police and court records and records of the 84
126+state's or prosecuting attorney or the prosecuting grand juror pertaining 85
127+to such charge shall be erased by operation of law and the clerk or any 86
128+person charged with the retention and control of such records shall not 87
129+disclose to anyone their existence or any information pertaining to any 88
130+charge so erased; provided nothing in this subsection shall prohibit the 89
131+arrested person or any one of his heirs from filing a petition for erasure 90
132+with the court granting such not guilty judgment or dismissal, or, where 91
133+the matter had been before a municipal court, a trial justice, the Circuit 92
134+Court or the Court of Common Pleas [with the records center of the 93
135+Judicial Department] in the Superior Court where venue would exist for 94
136+criminal prosecution and thereupon all police and court records and 95
137+records of the state's attorney, prosecuting attorney or prosecuting 96
138+grand juror pertaining to such charge shall be erased. Nothing in this 97
139+subsection shall require the erasure of any record pertaining to a charge 98
140+for which the defendant was found not guilty by reason of mental 99
141+disease or defect. 100
142+(c) (1) Whenever any charge in a criminal case has been nolled in the 101
143+Superior Court, or in the Court of Common Pleas, if at least thirteen 102
144+months have elapsed since such nolle, all police and court records and 103
145+records of the state's or prosecuting attorney or the prosecuting grand 104
146+juror pertaining to such charge shall be erased, except that in cases of 105
147+nolles entered in the Superior Court, Court of Common Pleas, Circuit 106
148+Court, municipal court or by a justice of the peace prior to April 1, 1972, 107
149+such records shall be deemed erased by operation of law and the clerk 108 Substitute Bill No. 1019
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167-Judicial Department] shall direct all police and court records and
168-records of the state's or prosecuting attorney pertaining to such [case to]
169-offense be erased.
170-(2) Whenever such absolute pardon was received on or after October
171-1, 1974, such records shall be erased.
172-(e) (1) Except as provided in subdivision (2) of this subsection,
173-whenever any person has been convicted in any court of this state of a
174-classified or unclassified misdemeanor offense, or a class D or E felony
175-or an unclassified felony offense carrying a term of imprisonment of not
176-more than five years, any police or court record and record of the state's
177-or prosecuting attorney or the prosecuting grand juror pertaining to
178-such conviction, or any record pertaining to court obligations arising
179-from such conviction held by the Board of Pardons and Paroles shall be
180-erased as follows: (A) For any classified or unclassified misdemeanor
181-offense, such records shall be erased seven years from the date on which
182-the court entered the convicted person's most recent judgment of
183-conviction (i) by operation of law, if such offense occurred on or after
184-January 1, 2000, or (ii) upon the filing of a petition on a form prescribed
185-by the Office of the Chief Court Administrator, if such offense occurred
186-prior to January 1, 2000; and (B) for any class D or E felony or an
187-unclassified felony offense carrying a term of imprisonment of not more
188-than five years, such records shall be erased ten years from the date on
189-which the court entered the convicted person's most recent judgment of
190-conviction (i) by operation of law, if such offense occurred on or after
191-January 1, 2000, or (ii) upon the filing of a petition on a form prescribed
192-by the Office of the Chief Court Administrator, if such offense occurred
193-prior to January 1, 2000.
194-(2) Convictions for the following offenses shall not be eligible for
195-erasure pursuant to this subsection:
196-(A) Any conviction designated as a family violence crime, as defined Substitute Senate Bill No. 1019
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200-in section 46b-38a; or
201-(B) Any offense that is a nonviolent sexual offense or a sexually
202-violent offense, each as defined in section 54-250.
203-(3) If a person has been convicted of a violation of subsection (c) of
204-section 21a-279 prior to October 1, 2015, such conviction shall not be
205-considered as a most recent offense when evaluating whether a
206-sufficient period of time has elapsed for an offense to qualify for erasure
207-pursuant to this subsection.
208-(4) Nothing in this subsection shall limit any other procedure for
209-erasure of criminal history record information, as defined in section 54-
210-142g, as amended by this act, or prohibit a person from participating in
211-any such procedure, even if such person's criminal history record
212-information has been erased pursuant to this section.
213-(5) Nothing in this subsection shall be construed to require the
214-Department of Motor Vehicles to erase criminal history record
215-information on an operator's driving record. When applicable, the
216-Department of Motor Vehicles shall make such criminal history record
217-information available through the Commercial Driver's License
218-Information System.
219-(f) (1) Whenever a person was convicted of one or more
220-misdemeanors committed while such person was under eighteen years
221-of age, and the offense or offenses occurred on or after January 1, 2000,
222-and before July 1, 2012, all police and court records and records of the
223-state's or prosecuting attorney shall be (A) erased, if such record is in an
224-electronic record other than a scanned copy of a physical document, or
225-(B) deemed erased by operation of law if such record is a scanned copy
226-of a physical document or another record that is not electronic. This
227-subdivision shall not apply to a motor vehicle offense, a violation under
228-title 14 or a violation of section 51-164r. The clerk of the court or any law Substitute Senate Bill No. 1019
156+or the person charged with the retention and control of such records 109
157+shall not disclose to anyone their existence or any information 110
158+pertaining to any charge so erased, provided nothing in this subsection 111
159+shall prohibit the arrested person or any one of his heirs from filing a 112
160+petition to the court [or to the records center of the Judicial Department, 113
161+as the case may be,] to have such records erased, in which case such 114
162+records shall be erased. 115
163+(2) Whenever any charge in a criminal case has been continued at the 116
164+request of the prosecuting attorney, and a period of thirteen months has 117
165+elapsed since the granting of such continuance during which period 118
166+there has been no prosecution or other disposition of the matter, the 119
167+charge shall be nolled upon motion of the arrested person and such 120
168+erasure may thereafter be effected or a petition filed therefor, as the case 121
169+may be, as provided in this subsection for nolled cases. 122
170+(d) (1) Whenever prior to October 1, 1974, any person who has been 123
171+convicted of an offense in any court of this state has received an absolute 124
172+pardon for such offense, such person or any one of his heirs may, at any 125
173+time subsequent to such pardon, file a petition with the [superior court] 126
174+Superior Court at the location in which such conviction was effected, or 127
175+with the [superior court] Superior Court at the location having custody 128
176+of the records of such conviction or [with the records center of the 129
177+Judicial Department] if such conviction was in the Court of Common 130
178+Pleas, Circuit Court, municipal court or by a trial justice court, in the 131
179+Superior Court where venue would exist for criminal prosecution, for 132
180+an order of erasure, and the Superior Court [or records center of the 133
181+Judicial Department] shall direct all police and court records and 134
182+records of the state's or prosecuting attorney pertaining to such [case to] 135
183+offense be erased. 136
184+(2) Whenever such absolute pardon was received on or after October 137
185+1, 1974, such records shall be erased. 138
186+(e) (1) Except as provided in subdivision (2) of this subsection, 139
187+whenever any person has been convicted in any court of this state of a 140 Substitute Bill No. 1019
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232-enforcement agency having information contained in such erased
233-records shall not disclose to anyone, except the subject of the record,
234-upon submission pursuant to guidelines prescribed by the Office of the
235-Chief Court Administrator of satisfactory proof of the subject's identity,
236-information pertaining to any charge erased under this subdivision and
237-such clerk shall forward a notice of such erasure to any law enforcement
238-agency and the state's or prosecuting attorney to which he or she knows
239-information concerning the arrest has been disseminated directing that
240-all law enforcement and records of the state's or prosecuting attorney
241-pertaining to such case to be so erased or so deemed erased by operation
242-of law.
243-(2) Whenever a person was convicted of one or more misdemeanors
244-committed while such person was under eighteen years of age, and the
245-offense or offenses occurred before January 1, 2000, such person may file
246-a petition with the Superior Court at the location in which such
247-conviction was effected for an order of erasure, and the Superior Court
248-shall direct all police and court records and records of the state's or
249-prosecuting attorney pertaining to such case to be erased.
250-(3) Notwithstanding subsection (i) of this section, the provisions of
251-this subsection shall not apply in cases in which there has been a
252-conviction for any charge for which erasure would not apply arising
253-from the same information as any erased conviction.
254-[(e)] (g) (1) The clerk of the court [or any person charged with
255-retention and control of such records in the records center of the Judicial
256-Department] or any law enforcement agency having information
257-contained in such erased records shall not disclose to anyone, except the
258-subject of the record, upon submission pursuant to guidelines
259-prescribed by the Office of the Chief Court Administrator of satisfactory
260-proof of the subject's identity, information pertaining to any charge
261-erased under any provision of this section and such clerk [or person
262-charged with the retention and control of such records] shall forward a Substitute Senate Bill No. 1019
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194+classified or unclassified misdemeanor offense, or a class C, D or E 141
195+felony or an unclassified felony offense carrying a term of imprisonment 142
196+of not more than ten years, any police or court record and record of the 143
197+state's or prosecuting attorney or the prosecuting grand juror pertaining 144
198+to such conviction, or any record pertaining to court obligations arising 145
199+from such conviction held by the Board of Pardons and Paroles shall be 146
200+erased as follows: (A) For any classified or unclassified misdemeanor 147
201+offense, such records shall be erased seven years from the date on which 148
202+the court entered the convicted person's most recent judgment of 149
203+conviction (i) by operation of law, if such offense occurred on or after 150
204+January 1, 2000, or (ii) upon the filing of a petition on a form prescribed 151
205+by the Office of the Chief Court Administrator, if such offense occurred 152
206+prior to January 1, 2000; (B) for any class D or E felony or an unclassified 153
207+felony offense carrying a term of imprisonment of not more than five 154
208+years, such records shall be erased ten years from the date on which the 155
209+court entered the convicted person's most recent judgment of conviction 156
210+(i) by operation of law, if such offense occurred on or after January 1, 157
211+2000, or (ii) upon the filing of a petition on a form prescribed by the 158
212+Office of the Chief Court Administrator, if such offense occurred prior 159
213+to January 1, 2000; and (C) for any class C felony or an unclassified 160
214+felony offense carrying a term of imprisonment of not more than ten 161
215+years, but more than five years, such records shall be erased fifteen years 162
216+from the date on which the court entered the convicted person's most 163
217+recent judgment of conviction (i) by operation of law, if such offense 164
218+occurred on or after January 1, 2000, or (ii) upon the filing of a petition 165
219+on a form prescribed by the Office of the Chief Court Administrator, if 166
220+such offense occurred prior to January 1, 2000. 167
221+(2) Convictions for the following offenses shall not be eligible for 168
222+erasure pursuant to this subsection: 169
223+(A) Any conviction designated as a family violence crime, as defined 170
224+in section 46b-38a; or 171
225+(B) Any offense that is a nonviolent sexual offense or a sexually 172
226+violent offense, each as defined in section 54-250. 173 Substitute Bill No. 1019
265227
266-notice of such erasure to any law enforcement agency to which he
267-knows information concerning the arrest has been disseminated and
268-such disseminated information shall be erased from the records of such
269-law enforcement agency. Such clerk [or such person, as the case may be,]
270-shall provide adequate security measures to safeguard against
271-unauthorized access to or dissemination of such records or upon the
272-request of the accused cause the actual physical destruction of such
273-records, except that such clerk [or such person] shall not cause the actual
274-physical destruction of such records until three years have elapsed from
275-the date of the final disposition of the criminal case to which such
276-records pertain.
277-[(2) No fee shall be charged in any court with respect to any petition
278-under this section.]
279-[(3)] (2) Any person who shall have been the subject of such an
280-erasure shall be deemed to have never been arrested within the meaning
281-of the general statutes with respect to the proceedings so erased and
282-may so swear under oath.
283-[(f)] (h) Upon motion properly brought, the court or a judge of such
284-court, if such court is not in session, shall order disclosure of such
285-records (1) to a defendant in an action for false arrest arising out of the
286-proceedings so erased, or (2) to the prosecuting attorney and defense
287-counsel in connection with any perjury charges which the prosecutor
288-alleges may have arisen from the testimony elicited during the trial, or
289-any false statement charges, or any proceeding held pursuant to section
290-53a-40b, or (3) counsel for the petitioner and the respondent in
291-connection with any habeas corpus or other collateral civil action in
292-which evidence pertaining to a nolled or dismissed criminal charge may
293-become relevant. Such disclosure of such records is subject also to any
294-records destruction program pursuant to which the records may have
295-been destroyed. The jury charge in connection with erased offenses may
296-be ordered by the judge for use by the judiciary, provided the names of Substitute Senate Bill No. 1019
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300-the accused and the witnesses are omitted therefrom.
301-[(g)] (i) The provisions of this section shall not apply to any police or
302-court records or the records of any state's attorney or prosecuting
303-attorney with respect to any information or indictment containing more
304-than one count (1) while the criminal case is pending, or (2) when the
305-criminal case is disposed of unless and until all counts are entitled to
306-erasure in accordance with the provisions of this section, except that
307-when the criminal case is disposed of, electronic records or portions of
308-electronic records released to the public that reference a charge that
309-would otherwise be entitled to erasure under this section shall be erased
310-in accordance with the provisions of this section. Nothing in this section
311-shall require the erasure of any information contained in the registry of
312-protective orders established pursuant to section 51-5c. For the purposes
313-of this subsection, "electronic record" means any police or court record
314-or the record of any state's attorney or prosecuting attorney that is an
315-electronic record, as defined in section 1-267, or a computer printout.
316-(j) An attorney of any person (1) who is the subject of any
317-immigration matter in which disclosure of such person's criminal
318-history record information may be required under federal law, (2) who
319-has been convicted of an offense in any court of this state, and (3) whose
320-criminal history record information has been erased pursuant to this
321-chapter for such offense, may petition the Superior Court at the location
322-in which such conviction was effected, or the Superior Court at the
323-location having custody of the records of such conviction or if such
324-conviction was in the Court of Common Pleas, Circuit Court, municipal
325-court or by a trial justice court, the Superior Court where venue would
326-exist for criminal prosecution, for such records, and the Superior Court
327-shall direct that all police and court records and records of the state's or
328-prosecuting attorney pertaining to such offense be made available to
329-such person's attorney, to the degree that such information has been
330-retained. Substitute Senate Bill No. 1019
233+(3) If a person has been convicted of a violation of subsection (c) of 174
234+section 21a-279 prior to October 1, 2015, such conviction shall not be 175
235+considered as a most recent offense when evaluating whether a 176
236+sufficient period of time has elapsed for an offense to qualify for erasure 177
237+pursuant to this subsection. 178
238+(4) Nothing in this subsection shall limit any other procedure for 179
239+erasure of criminal history record information, as defined in section 54-180
240+142g, as amended by this act, or prohibit a person from participating in 181
241+any such procedure, even if such person's criminal history record 182
242+information has been erased pursuant to this section. 183
243+(5) Nothing in this subsection shall be construed to require the 184
244+Department of Motor Vehicles to erase criminal history record 185
245+information on an operator's driving record. When applicable, the 186
246+Department of Motor Vehicles shall make such criminal history record 187
247+information available through the Commercial Driver's License 188
248+Information System. 189
249+(f) (1) Whenever a person was convicted of one or more 190
250+misdemeanors committed while such person was under eighteen years 191
251+of age, and the offense or offenses occurred on or after January 1, 2000, 192
252+and before July 1, 2012, all police and court records and records of the 193
253+state's or prosecuting attorney shall be (A) erased, if such record is in an 194
254+electronic record other than a scanned copy of a physical document, or 195
255+(B) deemed erased by operation of law if such record is a scanned copy 196
256+of a physical document or another record that is not electronic. This 197
257+subdivision shall not apply to a motor vehicle offense, a violation under 198
258+title 14 or a violation of section 51-164r. The clerk of the court or any law 199
259+enforcement agency having information contained in such erased 200
260+records shall not disclose to anyone, except the subject of the record, 201
261+upon submission pursuant to guidelines prescribed by the Office of the 202
262+Chief Court Administrator of satisfactory proof of the subject's identity, 203
263+information pertaining to any charge erased under this subdivision and 204
264+such clerk shall forward a notice of such erasure to any law enforcement 205
265+agency and the state's or prosecuting attorney to which he or she knows 206 Substitute Bill No. 1019
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334-(k) No fee shall be charged in any court with respect to any petition
335-under this section.
336-[(h)] (l) For the purposes of this section, "court records" shall not
337-include a record or transcript of the proceedings made or prepared by
338-an official court reporter, assistant court reporter or monitor.
339-Sec. 4. Section 54-142d of the general statutes is repealed and the
340-following is substituted in lieu thereof (Effective January 1, 2023):
341-Whenever any person has been convicted of an offense in any court
342-in this state and such offense has been decriminalized subsequent to the
343-date of such conviction, such person may file a petition with the superior
344-court at the location in which such conviction was effected, or with the
345-superior court at the location having custody of the records of such
346-conviction [or with the records center of the Judicial Department] if such
347-conviction was in the Court of Common Pleas, Circuit Court, municipal
348-court or by a trial justice, in the Superior Court where venue would
349-currently exist for criminal prosecution, for an order of erasure, and the
350-Superior Court [or records center of the Judicial Department] shall
351-immediately direct all police and court records and records of the state's
352-or prosecuting attorney pertaining to such [case] offense to be physically
353-destroyed.
354-Sec. 5. (NEW) (Effective January 1, 2023) (a) The Department of
355-Emergency Services and Public Protection, in consultation with the
356-Judicial Branch and the Criminal Justice Information System Governing
357-Board established pursuant to section 54-142q of the general statutes,
358-shall develop and implement automated processes for erasure pursuant
359-to section 54-142a of the general statutes, as amended by this act.
360-(b) The department may, within availabl e appropriations,
361-disseminate information, including posting information on its Internet
362-web site, regarding records that are subject to erasure under the Substitute Senate Bill No. 1019
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272+information concerning the arrest has been disseminated directing that 207
273+all law enforcement and records of the state's or prosecuting attorney 208
274+pertaining to such case to be so erased or so deemed erased by operation 209
275+of law. 210
276+(2) Whenever a person was convicted of one or more misdemeanors 211
277+committed while such person was under eighteen years of age, and the 212
278+offense or offenses occurred before January 1, 2000, such person may file 213
279+a petition with the Superior Court at the location in which such 214
280+conviction was effected for an order of erasure, and the Superior Court 215
281+shall direct all police and court records and records of the state's or 216
282+prosecuting attorney pertaining to such case to be erased. 217
283+(3) Notwithstanding subsection (i) of this section, the provisions of 218
284+this subsection shall not apply in cases in which there has been a 219
285+conviction for any charge for which erasure would not apply arising 220
286+from the same information as any erased conviction. 221
287+[(e)] (g) (1) The clerk of the court [or any person charged with 222
288+retention and control of such records in the records center of the Judicial 223
289+Department] or any law enforcement agency having information 224
290+contained in such erased records shall not disclose to anyone, except the 225
291+subject of the record, upon submission pursuant to guidelines 226
292+prescribed by the Office of the Chief Court Administrator of satisfactory 227
293+proof of the subject's identity, information pertaining to any charge 228
294+erased under any provision of this section and such clerk [or person 229
295+charged with the retention and control of such records] shall forward a 230
296+notice of such erasure to any law enforcement agency to which he 231
297+knows information concerning the arrest has been disseminated and 232
298+such disseminated information shall be erased from the records of such 233
299+law enforcement agency. Such clerk [or such person, as the case may be,] 234
300+shall provide adequate security measures to safeguard against 235
301+unauthorized access to or dissemination of such records or upon the 236
302+request of the accused cause the actual physical destruction of such 237
303+records, except that such clerk [or such person] shall not cause the actual 238
304+physical destruction of such records until three years have elapsed from 239 Substitute Bill No. 1019
365305
366-provisions of this section.
367-(c) Nothing in this section shall be construed to require the
368-destruction of paper records.
369-Sec. 6. Section 54-142e of the general statutes is repealed and the
370-following is substituted in lieu thereof (Effective January 1, 2023):
371-(a) Notwithstanding the provisions of subsection [(e)] (g) of section
372-54-142a, as amended by this act, and section 54-142c, with respect to any
373-person, including, but not limited to, a consumer reporting agency as
374-defined in subsection (i) of section 31-51i, as amended by this act, or a
375-background screening provider or similar data-based service or
376-company, that purchases criminal matters of public record, as defined
377-in said subsection (i), from the Judicial Department or any criminal
378-justice agency pursuant to subsection (b) of section 54-142g, as amended
379-by this act, the department shall make available to such person
380-information concerning such criminal matters of public record that have
381-been erased pursuant to section 54-142a, as amended by this act. Such
382-information may include docket numbers or other information that
383-permits the person to identify and permanently delete records that have
384-been erased pursuant to section 54-142a, as amended by this act.
385-(b) Each person, including, but not limited to, a consumer reporting
386-agency or background screening provider or similar data-based service
387-or company, that has purchased records of criminal matters of public
388-record from the Judicial Department or any criminal justice agency
389-shall, prior to disclosing such records, (1) purchase from the Judicial
390-Department or such criminal justice agency, on a monthly basis or on
391-such other schedule as the Judicial Department or such criminal justice
392-agency may establish, any updated criminal matters of public record or
393-information available for the purpose of complying with this section,
394-and (2) update its records of criminal matters of public record to
395-permanently delete such erased records not later than thirty calendar Substitute Senate Bill No. 1019
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399-days after receipt of information on the erasure of criminal records
400-pursuant to section 54-142a, as amended by this act. Such person shall
401-not further disclose such erased records.
402-Sec. 7. Subsection (c) of section 29-11 of the general statutes is
403-repealed and the following is substituted in lieu thereof (Effective July 1,
404-2021):
405-(c) (1) The Commissioner of Emergency Services and Public
406-Protection shall charge the following fees for the service indicated: [(1)]
407-(A) Name search, thirty-six dollars; [(2)] (B) fingerprint search, seventy-
408-five dollars; [(3)] (C) personal record search, seventy-five dollars; [(4)]
409-(D) letters of good conduct search, seventy-five dollars; [(5)] (E) bar
410-association search, seventy-five dollars; [(6)] (F) fingerprinting, fifteen
411-dollars; [(7)] and (G) criminal history record information search,
412-seventy-five dollars. Except as provided in subsection (b) of this section,
413-the provisions of this subsection shall not apply to any federal, state or
414-municipal agency.
415-(2) The commissioner may waive fees imposed under subparagraph
416-(G) of subdivision (1) of this subsection for any applicant requesting a
417-criminal history record information search for the purpose of applying
418-for a pardon authorized pursuant to section 54-124a, as amended by this
419-act, provided such applicant completes a form prescribed by the
420-Department of Emergency Services and Public Protection representing
421-such person's indigency.
422-Sec. 8. Subsection (d) of section 54-142k of the general statutes is
423-repealed and the following is substituted in lieu thereof (Effective January
424-1, 2023):
425-(d) Nonconviction information shall be available to the subject of the
426-information and to the subject's attorney pursuant to this subsection and
427-subsection (e) of this section. Any person shall, upon satisfactory proof Substitute Senate Bill No. 1019
311+the date of the final disposition of the criminal case to which such 240
312+records pertain. 241
313+[(2) No fee shall be charged in any court with respect to any petition 242
314+under this section.] 243
315+[(3)] (2) Any person who shall have been the subject of such an 244
316+erasure shall be deemed to have never been arrested within the meaning 245
317+of the general statutes with respect to the proceedings so erased and 246
318+may so swear under oath. 247
319+[(f)] (h) Upon motion properly brought, the court or a judge of such 248
320+court, if such court is not in session, shall order disclosure of such 249
321+records (1) to a defendant in an action for false arrest arising out of the 250
322+proceedings so erased, or (2) to the prosecuting attorney and defense 251
323+counsel in connection with any perjury charges which the prosecutor 252
324+alleges may have arisen from the testimony elicited during the trial, or 253
325+any false statement charges, or any proceeding held pursuant to section 254
326+53a-40b, or (3) counsel for the petitioner and the respondent in 255
327+connection with any habeas corpus or other collateral civil action in 256
328+which evidence pertaining to a nolled or dismissed criminal charge may 257
329+become relevant. Such disclosure of such records is subject also to any 258
330+records destruction program pursuant to which the records may have 259
331+been destroyed. The jury charge in connection with erased offenses may 260
332+be ordered by the judge for use by the judiciary, provided the names of 261
333+the accused and the witnesses are omitted therefrom. 262
334+[(g)] (i) The provisions of this section shall not apply to any police or 263
335+court records or the records of any state's attorney or prosecuting 264
336+attorney with respect to any information or indictment containing more 265
337+than one count (1) while the criminal case is pending, or (2) when the 266
338+criminal case is disposed of unless and until all counts are entitled to 267
339+erasure in accordance with the provisions of this section, except that 268
340+when the criminal case is disposed of, electronic records or portions of 269
341+electronic records released to the public that reference a charge that 270
342+would otherwise be entitled to erasure under this section shall be erased 271 Substitute Bill No. 1019
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429-Public Act No. 21-32 14 of 33
430344
431-of the person's identity, be entitled to inspect, for purposes of
432-verification and correction, any nonconviction information relating to
433-the person and upon the person's request shall be given a computer
434-printout or photocopy of such information for which a reasonable fee
435-may be charged, provided no erased record may be released except as
436-provided in subsection [(f)] (h) of section 54-142a, as amended by this
437-act. Before releasing any exact reproductions of nonconviction
438-information to the subject of the information, the agency holding such
439-information may remove all personal identifying information from such
440-reproductions.
441-Sec. 9. (NEW) (Effective January 1, 2023) For purposes of this section,
442-sections 11, 12, 16 to 24, inclusive, and 26 of this act, sections 8-265c and
443-8-315 of the general statutes, as amended by this act, subsection (b) of
444-section 10a-6 of the general statutes, as amended by this act, and sections
445-31-51i, 38a-358, 38a-447, 46a-74, 46a-79, 46a-80 and 46a-81 of the general
446-statutes, as amended by this act:
447-(1) "Commission" means the Commission on Human Rights and
448-Opportunities created by section 46a-52 of the general statutes;
449-(2) "Criminal history record information" means court records and
450-information obtained from the Judicial Department or any criminal
451-justice agency relating to arrests, releases, detentions, indictments,
452-informations or other formal criminal charges or any events and
453-outcomes arising from those arrests, releases, detentions, including
454-pleas, trials, sentences, appeals, incarcerations, correctional supervision,
455-paroles and releases, outstanding judgments and any other conviction
456-information, as defined in section 54-142g of the general statutes, as
457-amended by this act;
458-(3) "Employer" includes the state and all political subdivisions of the
459-state and means any person or employer with one or more persons in
460-such person's or employer's employ; Substitute Senate Bill No. 1019
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349+in accordance with the provisions of this section. Nothing in this section 272
350+shall require the erasure of any information contained in the registry of 273
351+protective orders established pursuant to section 51-5c. For the purposes 274
352+of this subsection, "electronic record" means any police or court record 275
353+or the record of any state's attorney or prosecuting attorney that is an 276
354+electronic record, as defined in section 1-267, or a computer printout. 277
355+(j) No fee shall be charged in any court with respect to any petition 278
356+under this section. 279
357+[(h)] (k) For the purposes of this section, "court records" shall not 280
358+include a record or transcript of the proceedings made or prepared by 281
359+an official court reporter, assistant court reporter or monitor. 282
360+Sec. 4. Section 54-142d of the general statutes is repealed and the 283
361+following is substituted in lieu thereof (Effective January 1, 2023): 284
362+Whenever any person has been convicted of an offense in any court 285
363+in this state and such offense has been decriminalized subsequent to the 286
364+date of such conviction, such person may file a petition with the superior 287
365+court at the location in which such conviction was effected, or with the 288
366+superior court at the location having custody of the records of such 289
367+conviction [or with the records center of the Judicial Department] if such 290
368+conviction was in the Court of Common Pleas, Circuit Court, municipal 291
369+court or by a trial justice, in the Superior Court where venue would 292
370+currently exist for criminal prosecution, for an order of erasure, and the 293
371+Superior Court [or records center of the Judicial Department] shall 294
372+immediately direct all police and court records and records of the state's 295
373+or prosecuting attorney pertaining to such [case] offense to be physically 296
374+destroyed. 297
375+Sec. 5. (NEW) (Effective January 1, 2023) (a) The Department of 298
376+Emergency Services and Public Protection, in consultation with the 299
377+Judicial Branch and the Criminal Justice Information System Governing 300
378+Board established pursuant to section 54-142q of the general statutes, 301
379+shall develop and implement automated processes for erasure pursuant 302 Substitute Bill No. 1019
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464-(4) "Erased criminal history record information" means (A) criminal
465-history record information that has been erased pursuant to section 54-
466-142a of the general statutes, as amended by this act, or section 54-76o of
467-the general statutes, or any other provision of the general statutes or
468-other operation of law; (B) information relating to persons granted
469-youthful offender status pursuant to section 46b-146 of the general
470-statutes; and (C) continuances of a criminal case that are more than
471-thirteen months old; and
472-(5) "Place of public accommodation, resort or amusement" means any
473-establishment that caters or offers its services or facilities or goods to the
474-general public, including, but not limited to, any commercial property
475-or building lot on which it is intended that a commercial building will
476-be constructed or offered for sale or rent.
477-Sec. 10. Subdivisions (7) and (8) of section 46a-51 of the general
478-statutes are repealed and the following is substituted in lieu thereof
479-(Effective January 1, 2023):
480-(7) "Discriminatory employment practice" means any discriminatory
481-practice specified in subsection (b), (d), (e) or (f) of section 31-51i, as
482-amended by this act, or section 46a-60 or 46a-81c;
483-(8) "Discriminatory practice" means a violation of section 4a-60, 4a-
484-60a, 4a-60g, 31-40y, subsection (b) of section 31-51i, as amended by this
485-act, subsection (d), (e) or (f) of section 31-51i, as amended by this act,
486-subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16)
487-and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c,
488-46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78,
489-inclusive, subsection (a) of section 46a-80, as amended by this act, or
490-sections 46a-81b to 46a-81o, inclusive, and sections 11, 12, 16, 17, 23, 24
491-and section 26 of this act;
492-Sec. 11. (NEW) (Effective October 1, 2021) On and after January 1, 2023, Substitute Senate Bill No. 1019
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496-it shall be a discriminatory practice for any person to subject, or cause to
497-be subjected, any other person to the deprivation of any rights,
498-privileges or immunities, secured or protected by the Constitution or
499-laws of this state or of the United States, on account of a person's erased
500-criminal history record information.
501-Sec. 12. (NEW) (Effective October 1, 2021) (a) On and after January 1,
502-2023, it shall be a discriminatory practice:
503-(1) To refuse to sell or rent after the making of a bona fide offer, or to
504-refuse to negotiate for the sale or rental of, or otherwise make
505-unavailable or deny, a dwelling to any person on the basis of the erased
506-criminal history record information of (A) such buyer or renter, (B) a
507-person residing in or intending to reside in such dwelling after it is so
508-sold, rented or made available, or (C) any person associated with such
509-buyer or renter;
510-(2) To discriminate against any person in the terms, conditions or
511-privileges of the sale or rental of a dwelling, or in the provision of
512-services or facilities in connection therewith, on the basis of the erased
513-criminal history record information of (A) such buyer or renter, (B) a
514-person residing in or intending to reside in such dwelling after it is so
515-sold, rented or made available, or (C) any person associated with such
516-buyer or renter;
517-(3) To make, print or publish, or cause to be made, printed or
518-published any notice, statement or advertisement, with respect to the
519-sale or rental of a dwelling that indicates any preference, limitation or
520-discrimination, or to intend to make any such preference, limitation or
521-discrimination, based on the erased criminal history record information
522-of (A) a potential buyer or renter, (B) a person intending to reside in such
523-dwelling after it is sold, rented or made available, or (C) any person
524-associated with such potential buyer or renter; Substitute Senate Bill No. 1019
386+to section 54-142a of the general statutes, as amended by this act. 303
387+(b) The department may, within available appropriations, 304
388+disseminate information, including posting information on its Internet 305
389+web site, regarding records that are subject to erasure under the 306
390+provisions of this section. 307
391+(c) Nothing in this section shall be construed to require the 308
392+destruction of paper records. 309
393+Sec. 6. Section 54-142e of the general statutes is repealed and the 310
394+following is substituted in lieu thereof (Effective January 1, 2023): 311
395+(a) Notwithstanding the provisions of subsection [(e)] (g) of section 312
396+54-142a, as amended by this act, and section 54-142c, with respect to any 313
397+person, including, but not limited to, a consumer reporting agency as 314
398+defined in subsection (i) of section 31-51i, as amended by this act, or a 315
399+background screening provider or similar data-based service or 316
400+company, that purchases criminal matters of public record, as defined 317
401+in said subsection (i), from the Judicial Department or any criminal 318
402+justice agency pursuant to subsection (b) of section 54-142g, as amended 319
403+by this act, the department shall make available to such person 320
404+information concerning such criminal matters of public record that have 321
405+been erased pursuant to section 54-142a, as amended by this act. Such 322
406+information may include docket numbers or other information that 323
407+permits the person to identify and permanently delete records that have 324
408+been erased pursuant to section 54-142a, as amended by this act. 325
409+(b) Each person, including, but not limited to, a consumer reporting 326
410+agency or background screening provider or similar data-based service 327
411+or company, that has purchased records of criminal matters of public 328
412+record from the Judicial Department or any criminal justice agency 329
413+shall, prior to disclosing such records, (1) purchase from the Judicial 330
414+Department or such criminal justice agency, on a monthly basis or on 331
415+such other schedule as the Judicial Department or such criminal justice 332
416+agency may establish, any updated criminal matters of public record or 333 Substitute Bill No. 1019
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528-(4) To represent to any person that any dwelling is not available for
529-inspection, sale or rental when such dwelling is in fact so available, on
530-the basis of the erased criminal history record information of (A) a
531-potential buyer or renter, (B) a person intending to reside in such
532-dwelling after it is so sold, rented or made available, or (C) any person
533-associated with such potential buyer or renter;
534-(5) For profit, to induce or attempt to induce any person to sell or rent
535-any dwelling by representations regarding the entry or prospective
536-entry into the neighborhood of a person or persons with erased criminal
537-history record information;
538-(6) For any person or other entity engaging in residential real estate-
539-related transactions to discriminate against any person in making
540-available such a transaction, or in the terms or conditions of such a
541-transaction, on the basis of the erased criminal history record
542-information of (A) the other party in the transaction, (B) a person
543-residing in or intending to reside in a dwelling with such other party, or
544-(C) any person associated with such other party;
545-(7) To deny any person access to or membership or participation in
546-any multiple-listing service, real estate brokers' organization or other
547-service, organization or facility relating to the business of selling or
548-renting dwellings, or to discriminate against that person in the terms or
549-conditions of such access, membership or participation, on account of
550-that person's erased criminal history record information; or
551-(8) To coerce, intimidate, threaten or interfere with any person in the
552-exercise or enjoyment of, or on account of that person having exercised
553-or enjoyed, or on account of that person having aided or encouraged
554-any other person in the exercise or enjoyment of, any right granted or
555-protected by this section.
556-(b) The provisions of this section shall not apply to (1) the rental of a Substitute Senate Bill No. 1019
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423+information available for the purpose of complying with this section, 334
424+and (2) update its records of criminal matters of public record to 335
425+permanently delete such erased records not later than thirty calendar 336
426+days after receipt of information on the erasure of criminal records 337
427+pursuant to section 54-142a, as amended by this act. Such person shall 338
428+not further disclose such erased records. 339
429+Sec. 7. Subsection (c) of section 29-11 of the general statutes is 340
430+repealed and the following is substituted in lieu thereof (Effective July 1, 341
431+2021): 342
432+(c) (1) The Commissioner of Emergency Services and Public 343
433+Protection shall charge the following fees for the service indicated: [(1)] 344
434+(A) Name search, thirty-six dollars; [(2)] (B) fingerprint search, seventy-345
435+five dollars; [(3)] (C) personal record search, seventy-five dollars; [(4)] 346
436+(D) letters of good conduct search, seventy-five dollars; [(5)] (E) bar 347
437+association search, seventy-five dollars; [(6)] (F) fingerprinting, fifteen 348
438+dollars; [(7)] and (G) criminal history record information search, 349
439+seventy-five dollars. Except as provided in subsection (b) of this section, 350
440+the provisions of this subsection shall not apply to any federal, state or 351
441+municipal agency. 352
442+(2) The commissioner may waive fees imposed under subparagraph 353
443+(G) of subdivision (1) of this subsection for any applicant requesting a 354
444+criminal history record information search for the purpose of applying 355
445+for a pardon authorized pursuant to section 54-124a, as amended by this 356
446+act, provided such applicant completes a form prescribed by the 357
447+Department of Emergency Services and Public Protection representing 358
448+such person's indigency. 359
449+Sec. 8. Subsection (d) of section 54-142k of the general statutes is 360
450+repealed and the following is substituted in lieu thereof (Effective January 361
451+1, 2023): 362
452+(d) Nonconviction information shall be available to the subject of the 363
453+information and to the subject's attorney pursuant to this subsection and 364 Substitute Bill No. 1019
559454
560-room or rooms in a unit in a dwelling if the owner actually maintains
561-and occupies part of such unit as the owner's residence, or (2) a unit in
562-a dwelling containing not more than four units if the owner actually
563-maintains and occupies one of such other units as the owner's residence.
564-(c) Nothing in this section limits the applicability of any reasonable
565-state statute or municipal ordinance restricting the maximum number
566-of persons permitted to occupy a dwelling.
567-(d) Nothing in this section prohibits a person engaged in the business
568-of furnishing appraisals of real property to take into consideration
569-factors other than a person's erased criminal history record.
570-Sec. 13. Section 8-265c of the general statutes is repealed and the
571-following is substituted in lieu thereof (Effective January 1, 2023):
572-The authority shall require that occupancy of all housing financed or
573-otherwise assisted under this chapter be open to all persons regardless
574-of race, creed, color, national origin or ancestry, sex or gender identity
575-or expression or erased criminal history record information, as defined
576-in section 9 of this act, and that the contractors and subcontractors
577-engaged in the construction or rehabilitation of such housing shall take
578-affirmative action to provide equal opportunity for employment
579-without discrimination as to race, creed, color, national origin or
580-ancestry, sex, [or] gender identity or expression or erased criminal
581-history record information.
582-Sec. 14. Section 8-315 of the general statutes is repealed and the
583-following is substituted in lieu thereof (Effective January 1, 2023):
584-The municipality shall take all necessary steps to insure that
585-occupancy of all housing financed or otherwise assisted pursuant to this
586-chapter be open to all persons regardless of race, creed, color, national
587-origin or ancestry, sex, gender identity or expression, age, [or] physical
588-disability or erased criminal history record information, as defined in Substitute Senate Bill No. 1019
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592-section 9 of this act.
593-Sec. 15. Section 31-51i of the general statutes is repealed and the
594-following is substituted in lieu thereof (Effective January 1, 2023):
595-(a) For the purposes of this section, "employer" means [any person
596-engaged in business who has one or more employees, including the state
597-or any political subdivision of the state] employer, as defined in section
598-9 of this act.
599-(b) No employer shall inquire about a prospective employee's prior
600-arrests, criminal charges or convictions on an initial employment
601-application, unless (1) the employer is required to do so by an applicable
602-state or federal law, or (2) a security or fidelity bond or an equivalent
603-bond is required for the position for which the prospective employee is
604-seeking employment.
605-(c) No employer or employer's agent, representative or designee may
606-require an employee or prospective employee to disclose the existence
607-of [any arrest, criminal charge or conviction, the records of which have
608-been erased pursuant to section 46b-146, 54-76o or 54-142a] erased
609-criminal history record information, as defined in section 9 of this act.
610-(d) An employment application form that contains any question
611-concerning the criminal history of the applicant shall contain a notice, in
612-clear and conspicuous language: (1) That the applicant is not required
613-to disclose the existence of any [arrest, criminal charge or conviction, the
614-records of which have been erased pursuant to section 46b-146, 54-76o
615-or 54-142a] erased criminal history record information, (2) that [criminal
616-records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a]
617-erased criminal history record information are records pertaining to a
618-finding of delinquency or that a child was a member of a family with
619-service needs, an adjudication as a youthful offender, a criminal charge
620-that has been dismissed or nolled, a criminal charge for which the Substitute Senate Bill No. 1019
460+subsection (e) of this section. Any person shall, upon satisfactory proof 365
461+of the person's identity, be entitled to inspect, for purposes of 366
462+verification and correction, any nonconviction information relating to 367
463+the person and upon the person's request shall be given a computer 368
464+printout or photocopy of such information for which a reasonable fee 369
465+may be charged, provided no erased record may be released except as 370
466+provided in subsection [(f)] (h) of section 54-142a, as amended by this 371
467+act. Before releasing any exact reproductions of nonconviction 372
468+information to the subject of the information, the agency holding such 373
469+information may remove all personal identifying information from such 374
470+reproductions. 375
471+Sec. 9. (NEW) (Effective January 1, 2023) For purposes of this section, 376
472+sections 11, 12 and 16 to 24, inclusive, of this act and section 26 of this 377
473+act, sections 8-265c and 8-315 of the general statutes, as amended by this 378
474+act, subsection (b) of section 10a-6 of the general statutes, as amended 379
475+by this act, and sections 31-51i, 38a-358, 38a-447, 46a-74, 46a-79, 46a-80 380
476+and 46a-81 of the general statutes, as amended by this act: 381
477+(1) "Commission" means the Commission on Human Rights and 382
478+Opportunities created by section 46a-52 of the general statutes; 383
479+(2) "Criminal history record information" means court records and 384
480+information obtained from the Judicial Department or any criminal 385
481+justice agency relating to arrests, releases, detentions, indictments, 386
482+informations or other formal criminal charges or any events and 387
483+outcomes arising from those arrests, releases, detentions, including 388
484+pleas, trials, sentences, appeals, incarcerations, correctional supervision, 389
485+paroles and releases, outstanding judgments and any other conviction 390
486+information, as defined in section 54-142g of the general statutes, as 391
487+amended by this act; 392
488+(3) "Employer" includes the state and all political subdivisions of the 393
489+state and means any person or employer with one or more persons in 394
490+such person's or employer's employ; 395 Substitute Bill No. 1019
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624-person has been found not guilty or a conviction for which the person
625-received an absolute pardon or criminal records that are erased
626-pursuant to statute or by other operation of law, and (3) that any person
627-[whose criminal records have been erased pursuant to section 46b-146,
628-54-76o or 54-142a] with erased criminal history record information shall
629-be deemed to have never been arrested within the meaning of the
630-general statutes with respect to the proceedings so erased and may so
631-swear under oath.
632-(e) No employer or employer's agent, representative or designee shall
633-deny employment to a prospective employee solely on the basis that the
634-prospective employee [had a prior arrest, criminal charge or conviction,
635-the records of which have been erased pursuant to section 46b-146, 54-
636-76o or 54-142a] has erased criminal history record information or that
637-the prospective employee had a prior conviction for which the
638-prospective employee has received a provisional pardon or certificate of
639-rehabilitation pursuant to section 54-130a, as amended by this act, or a
640-certificate of rehabilitation pursuant to section 54-108f.
641-(f) No employer or employer's agent, representative or designee shall
642-discharge, or cause to be discharged, or in any manner discriminate
643-against, any employee solely on the basis that the employee [had, prior
644-to being employed by such employer, an arrest, criminal charge or
645-conviction, the records of which have been erased pursuant to section
646-46b-146, 54-76o or 54-142a] has erased criminal history record
647-information or that the employee had, prior to being employed by such
648-employer, a prior conviction for which the employee has received a
649-provisional pardon or certificate of rehabilitation pursuant to section 54-
650-130a, as amended by this act, or a certificate of rehabilitation pursuant
651-to section 54-108f.
652-(g) The portion of an employment application form that contains
653-information concerning the criminal history record of an applicant or
654-employee shall only be available to the members of the personnel Substitute Senate Bill No. 1019
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497+(4) "Erased criminal history record information" means (A) criminal 396
498+history record information that has been erased pursuant to section 54-397
499+142a of the general statutes, as amended by this act, or section 54-76o of 398
500+the general statutes, or any other provision of the general statutes or 399
501+other operation of law; (B) information relating to persons granted 400
502+youthful offender status pursuant to section 46b-146 of the general 401
503+statutes; and (C) continuances of a criminal case that are more than 402
504+thirteen months old; and 403
505+(5) "Place of public accommodation, resort or amusement" means any 404
506+establishment that caters or offers its services or facilities or goods to the 405
507+general public, including, but not limited to, any commercial property 406
508+or building lot on which it is intended that a commercial building will 407
509+be constructed or offered for sale or rent. 408
510+Sec. 10. Subdivisions (7) and (8) of section 46a-51 of the general 409
511+statutes are repealed and the following is substituted in lieu thereof 410
512+(Effective January 1, 2023): 411
513+(7) "Discriminatory employment practice" means any discriminatory 412
514+practice specified in subsection (b), (d), (e) or (f) of section 31-51i, as 413
515+amended by this act, or section 46a-60 or 46a-81c; 414
516+(8) "Discriminatory practice" means a violation of section 4a-60, 4a-415
517+60a, 4a-60g, 31-40y, subsection (b) of section 31-51i, as amended by this 416
518+act, subsection (d), (e) or (f) of section 31-51i, as amended by this act, 417
519+subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 418
520+and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 419
521+46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, 420
522+inclusive, subsection (a) of section 46a-80, as amended by this act, or 421
523+sections 46a-81b to 46a-81o, inclusive, and sections 11, 12, 16, 17, 23, 24 422
524+and section 26 of this act; 423
525+Sec. 11. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 424
526+it shall be a discriminatory practice for any person to subject, or cause to 425
527+be subjected, any other person to the deprivation of any rights, 426 Substitute Bill No. 1019
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658-department of the company, firm or corporation or, if the company, firm
659-or corporation does not have a personnel department, the person in
660-charge of employment, and to any employee or member of the
661-company, firm or corporation, or an agent of such employee or member,
662-involved in the interviewing of the applicant.
663-(h) Notwithstanding the provisions of subsection (g) of this section,
664-the portion of an employment application form that contains
665-information concerning the criminal history record of an applicant or
666-employee may be made available as necessary to persons other than
667-those specified in said subsection (g) by:
668-(1) A broker-dealer or investment adviser registered under chapter
669-672a in connection with (A) the possible or actual filing of, or the
670-collection or retention of information contained in, a form U-4 Uniform
671-Application for Securities Industry Registration or Transfer, (B) the
672-compliance responsibilities of such broker-dealer or investment adviser
673-under state or federal law, or (C) the applicable rules of self-regulatory
674-organizations promulgated in accordance with federal law;
675-(2) An insured depository institution in connection with (A) the
676-management of risks related to safety and soundness, security or
677-privacy of such institution, (B) any waiver that may possibly or actually
678-be sought by such institution pursuant to section 19 of the Federal
679-Deposit Insurance Act, 12 USC 1829(a), (C) the possible or actual
680-obtaining by such institution of any security or fidelity bond, or (D) the
681-compliance responsibilities of such institution under state or federal
682-law; and
683-(3) An insurance producer licensed under chapter 701a in connection
684-with (A) the management of risks related to security or privacy of such
685-insurance producer, or (B) the compliance responsibilities of such
686-insurance producer under state or federal law. Substitute Senate Bill No. 1019
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690-(i) (1) For the purposes of this subsection: (A) "Consumer reporting
691-agency" means any person who regularly engages, in whole or in part,
692-in the practice of assembling or preparing consumer reports for a fee,
693-which reports compile and report items of information on consumers
694-that are matters of public record and are likely to have an adverse effect
695-on a consumer's ability to obtain employment, but does not include any
696-public agency; (B) "consumer report" means any written, oral or other
697-communication of information bearing on an individual's credit
698-worthiness, credit standing, credit capacity, character, general
699-reputation, personal characteristics or mode of living; and (C) "criminal
700-matters of public record" means information obtained from the Judicial
701-Department or any criminal justice agency, as defined in section 54-
702-142g, as amended by this act, relating to arrests, indictments,
703-convictions, outstanding judgments [,] and any other conviction
704-information, as defined in section 54-142g, as amended by this act.
705-(2) Each consumer reporting agency that issues a consumer report
706-that is used or is expected to be used for employment purposes and that
707-includes in such report criminal matters of public record concerning the
708-consumer shall:
709-(A) At the time the consumer reporting agency issues such consumer
710-report to a person other than the consumer who is the subject of the
711-report, provide the consumer who is the subject of the consumer report
712-(i) notice that the consumer reporting agency is reporting criminal
713-matters of public record, and (ii) the name and address of the person to
714-whom such consumer report is being issued;
715-(B) Maintain procedures designed to ensure that any criminal matter
716-of public record reported is complete and up-to-date as of the date the
717-consumer report is issued, which procedures shall, at a minimum,
718-conform to the requirements set forth in section 54-142e, as amended by
719-this act. Substitute Senate Bill No. 1019
534+privileges or immunities, secured or protected by the Constitution or 427
535+laws of this state or of the United States, on account of a person's erased 428
536+criminal history record information. 429
537+Sec. 12. (NEW) (Effective October 1, 2021) (a) On and after January 1, 430
538+2023, it shall be a discriminatory practice: 431
539+(1) To refuse to sell or rent after the making of a bona fide offer, or to 432
540+refuse to negotiate for the sale or rental of, or otherwise make 433
541+unavailable or deny, a dwelling to any person on the basis of the erased 434
542+criminal history record information of (A) such buyer or renter, (B) a 435
543+person residing in or intending to reside in such dwelling after it is so 436
544+sold, rented or made available, or (C) any person associated with such 437
545+buyer or renter; 438
546+(2) To discriminate against any person in the terms, conditions or 439
547+privileges of the sale or rental of a dwelling, or in the provision of 440
548+services or facilities in connection therewith, on the basis of the erased 441
549+criminal history record information of (A) such buyer or renter, (B) a 442
550+person residing in or intending to reside in such dwelling after it is so 443
551+sold, rented or made available, or (C) any person associated with such 444
552+buyer or renter; 445
553+(3) To make, print or publish, or cause to be made, printed or 446
554+published any notice, statement or advertisement, with respect to the 447
555+sale or rental of a dwelling that indicates any preference, limitation or 448
556+discrimination, or to intend to make any such preference, limitation or 449
557+discrimination, based on the erased criminal history record information 450
558+of (A) a potential buyer or renter, (B) a person intending to reside in such 451
559+dwelling after it is sold, rented or made available, or (C) any person 452
560+associated with such potential buyer or renter; 453
561+(4) To represent to any person that any dwelling is not available for 454
562+inspection, sale or rental when such dwelling is in fact so available, on 455
563+the basis of the erased criminal history record information of (A) a 456
564+potential buyer or renter, (B) a person intending to reside in such 457 Substitute Bill No. 1019
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723-(3) This subsection shall not apply in the case of an agency or
724-department of the United States government seeking to obtain and use
725-a consumer report for employment purposes if the head of the agency
726-or department makes a written finding pursuant to 15 USC
727-1681b(b)(4)(A).
728-(j) An employee or prospective employee may file a complaint with
729-the Labor Commissioner alleging an employer's violation of subsection
730-(a), (c), (g), (h) or (i) of this section. For any alleged violation by an
731-employer of subsection (b), (d), (e) or (f) of this section, an employee or
732-prospective employee may file a complaint with the Commission on
733-Human Rights and Opportunities pursuant to section 46a-82 or may
734-bring an action in the Superior Court against the employer for violating
735-this section for declaratory or injunctive relief, damages or any other
736-remedy available under law, at the sole election of the employee or
737-prospective employee.
738-Sec. 16. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
739-it shall be a discriminatory practice for: (1) An employer or employer's
740-agent, representative or designee to discriminate against that person in
741-compensation or in terms, conditions or privileges of employment on
742-the basis of that person's erased criminal history record information, (2)
743-any employment agency to fail or refuse to classify properly or refer for
744-employment or otherwise to discriminate against any person on the
745-basis of that person's erased criminal history record information, (3) a
746-labor organization, on the basis of the erased criminal history record
747-information of any person, to exclude from full membership rights or to
748-expel from its membership that person or to discriminate in any way
749-against any of its members or against any employer or any individual
750-employed by an employer, or (4) any person, employer, employment
751-agency or labor organization, to advertise employment opportunities in
752-such a manner as to restrict such employment so as to discriminate
753-against persons on the basis of their erased criminal history record Substitute Senate Bill No. 1019
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571+dwelling after it is so sold, rented or made available, or (C) any person 458
572+associated with such potential buyer or renter; 459
573+(5) For profit, to induce or attempt to induce any person to sell or rent 460
574+any dwelling by representations regarding the entry or prospective 461
575+entry into the neighborhood of a person or persons with erased criminal 462
576+history record information; 463
577+(6) For any person or other entity engaging in residential real estate-464
578+related transactions to discriminate against any person in making 465
579+available such a transaction, or in the terms or conditions of such a 466
580+transaction, on the basis of the erased criminal history record 467
581+information of (A) the other party in the transaction, (B) a person 468
582+residing in or intending to reside in a dwelling with such other party, or 469
583+(C) any person associated with such other party; 470
584+(7) To deny any person access to or membership or participation in 471
585+any multiple-listing service, real estate brokers' organization or other 472
586+service, organization or facility relating to the business of selling or 473
587+renting dwellings, or to discriminate against that person in the terms or 474
588+conditions of such access, membership or participation, on account of 475
589+that person's erased criminal history record information; or 476
590+(8) To coerce, intimidate, threaten or interfere with any person in the 477
591+exercise or enjoyment of, or on account of that person having exercised 478
592+or enjoyed, or on account of that person having aided or encouraged 479
593+any other person in the exercise or enjoyment of, any right granted or 480
594+protected by this section. 481
595+(b) The provisions of this section shall not apply to (1) the rental of a 482
596+room or rooms in a unit in a dwelling if the owner actually maintains 483
597+and occupies part of such unit as the owner's residence, or (2) a unit in 484
598+a dwelling containing not more than four units if the owner actually 485
599+maintains and occupies one of such other units as the owner's residence. 486
600+(c) Nothing in this section limits the applicability of any reasonable 487
601+state statute or municipal ordinance restricting the maximum number 488 Substitute Bill No. 1019
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757-information.
758-Sec. 17. (NEW) (Effective October 1, 2021) (a) On and after January 1,
759-2023, it shall be a discriminatory practice for any association, board or
760-other organization the principal purpose of which is the furtherance of
761-the professional or occupational interests of its members, whose
762-profession, trade or occupation requires a state license, to refuse to
763-accept a person as a member of such association, board or organization
764-solely on the basis of that person's erased criminal history record
765-information.
766-(b) Any association, board or other organization that violates the
767-provisions of this section shall be fined not less than one hundred
768-dollars or more than five hundred dollars.
769-Sec. 18. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
770-state officials and supervisory personnel shall recruit, appoint, assign,
771-train, evaluate and promote state personnel on the basis of merit and
772-qualifications, without regard for erased criminal history record
773-information.
774-Sec. 19. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
775-no state department, board or agency may grant, deny or revoke the
776-license or charter of any person on the basis of that person's erased
777-criminal history record information, except that the Department of
778-Motor Vehicles may consider erased criminal history record
779-information to the extent required by 49 CFR 384, as amended from time
780-to time.
781-Sec. 20. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
782-all educational, counseling and vocational guidance programs and all
783-apprenticeship and on-the-job training programs of state agencies, or in
784-which state agencies participate, shall be open to all qualified persons,
785-without regard to a person's erased criminal history record information. Substitute Senate Bill No. 1019
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789-Sec. 21. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
790-erased criminal history record information shall not be considered as a
791-limiting factor in state-administered programs involving the
792-distribution of funds to qualify applicants for benefits authorized by
793-law.
794-Sec. 22. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
795-services of every state agency shall be performed without
796-discrimination on the basis of erased criminal history record
797-information.
798-Sec. 23. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
799-it shall be a discriminatory practice to:
800-(1) Deny any person within the jurisdiction of this state full and equal
801-accommodations in any place of public accommodation, resort or
802-amusement on the basis of that person's erased criminal history record
803-information, subject only to the conditions and limitations established
804-by law and applicable alike to all persons; or
805-(2) Discriminate, segregate or separate on account of erased criminal
806-history record information.
807-Sec. 24. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
808-it shall be a discriminatory practice for the state system of higher
809-education to deny a person the opportunity for higher education on the
810-basis of erased criminal history record information.
811-Sec. 25. Subsection (b) of section 10a-6 of the general statutes is
812-repealed and the following is substituted in lieu thereof (Effective January
813-1, 2023):
814-(b) Within the limits of authorized expenditures, the policies of the
815-state system of higher education shall be consistent with (1) the
816-following goals: (A) To ensure that no qualified person be denied the Substitute Senate Bill No. 1019
608+of persons permitted to occupy a dwelling. 489
609+(d) Nothing in this section prohibits a person engaged in the business 490
610+of furnishing appraisals of real property to take into consideration 491
611+factors other than a person's erased criminal history record. 492
612+Sec. 13. Section 8-265c of the general statutes is repealed and the 493
613+following is substituted in lieu thereof (Effective January 1, 2023): 494
614+The authority shall require that occupancy of all housing financed or 495
615+otherwise assisted under this chapter be open to all persons regardless 496
616+of race, creed, color, national origin or ancestry, sex or gender identity 497
617+or expression or erased criminal history record information, as defined 498
618+in section 9 of this act, and that the contractors and subcontractors 499
619+engaged in the construction or rehabilitation of such housing shall take 500
620+affirmative action to provide equal opportunity for employment 501
621+without discrimination as to race, creed, color, national origin or 502
622+ancestry, sex, [or] gender identity or expression or erased criminal 503
623+history record information. 504
624+Sec. 14. Section 8-315 of the general statutes is repealed and the 505
625+following is substituted in lieu thereof (Effective January 1, 2023): 506
626+The municipality shall take all necessary steps to insure that 507
627+occupancy of all housing financed or otherwise assisted pursuant to this 508
628+chapter be open to all persons regardless of race, creed, color, national 509
629+origin or ancestry, sex, gender identity or expression, age, [or] physical 510
630+disability or erased criminal history record information, as defined in 511
631+section 9 of this act. 512
632+Sec. 15. Section 31-51i of the general statutes is repealed and the 513
633+following is substituted in lieu thereof (Effective January 1, 2023): 514
634+(a) For the purposes of this section, "employer" means [any person 515
635+engaged in business who has one or more employees, including the state 516
636+or any political subdivision of the state] employer, as defined in section 517
637+9 of this act. 518 Substitute Bill No. 1019
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820-opportunity for higher education on the basis of age, sex, gender
821-identity or expression, ethnic background or social, physical or
822-economic condition, or erased criminal history record information, as
823-defined in section 9 of this act, (B) to protect academic freedom, (C) to
824-provide opportunities for education and training related to the
825-economic, cultural and educational development of the state, (D) to
826-assure the fullest possible use of available resources in public and
827-private institutions of higher education, (E) to maintain standards of
828-quality ensuring a position of national leadership for state institutions
829-of higher education, (F) to apply the resources of higher education to the
830-problems of society, and (G) to foster flexibility in the policies and
831-institutions of higher education to enable the system to respond to
832-changes in the economy, society, technology and student interests; and
833-(2) the goals for higher education in the state identified in section 10a-
834-11c. Said board shall review recent studies of the need for higher
835-education services, with special attention to those completed pursuant
836-to legislative action, and to meet such needs shall initiate additional
837-programs or services through one or more of the constituent units.
838-Sec. 26. (NEW) (Effective October 1, 2021) On and after January 1, 2023,
839-it shall be a discriminatory practice for any creditor to discriminate on
840-the basis of erased criminal record history information, against any
841-person eighteen years of age or over in any credit transaction.
842-Sec. 27. Section 38a-358 of the general statutes is repealed and the
843-following is substituted in lieu thereof (Effective January 1, 2023):
844-The declination, cancellation or nonrenewal of a policy for private
845-passenger nonfleet automobile insurance is prohibited if the declination,
846-cancellation or nonrenewal is based: (1) On the race, religion, nationality
847-or ethnicity of the applicant or named insured; (2) solely on the lawful
848-occupation or profession of the applicant or named insured, except that
849-this provision shall not apply to any insurer which limits its market to
850-one lawful occupation or profession or to several related lawful Substitute Senate Bill No. 1019
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644+(b) No employer shall inquire about a prospective employee's prior 519
645+arrests, criminal charges or convictions on an initial employment 520
646+application, unless (1) the employer is required to do so by an applicable 521
647+state or federal law, or (2) a security or fidelity bond or an equivalent 522
648+bond is required for the position for which the prospective employee is 523
649+seeking employment. 524
650+(c) No employer or employer's agent, representative or designee may 525
651+require an employee or prospective employee to disclose the existence 526
652+of [any arrest, criminal charge or conviction, the records of which have 527
653+been erased pursuant to section 46b-146, 54-76o or 54-142a] erased 528
654+criminal history record information, as defined in section 9 of this act. 529
655+(d) An employment application form that contains any question 530
656+concerning the criminal history of the applicant shall contain a notice, in 531
657+clear and conspicuous language: (1) That the applicant is not required 532
658+to disclose the existence of any [arrest, criminal charge or conviction, the 533
659+records of which have been erased pursuant to section 46b-146, 54-76o 534
660+or 54-142a] erased criminal history record information, (2) that [criminal 535
661+records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a] 536
662+erased criminal history record information are records pertaining to a 537
663+finding of delinquency or that a child was a member of a family with 538
664+service needs, an adjudication as a youthful offender, a criminal charge 539
665+that has been dismissed or nolled, a criminal charge for which the 540
666+person has been found not guilty or a conviction for which the person 541
667+received an absolute pardon or criminal records that are erased 542
668+pursuant to statute or by other operation of law, and (3) that any person 543
669+[whose criminal records have been erased pursuant to section 46b-146, 544
670+54-76o or 54-142a] with erased criminal history record information shall 545
671+be deemed to have never been arrested within the meaning of the 546
672+general statutes with respect to the proceedings so erased and may so 547
673+swear under oath. 548
674+(e) No employer or employer's agent, representative or designee shall 549
675+deny employment to a prospective employee solely on the basis that the 550
676+prospective employee [had a prior arrest, criminal charge or conviction, 551 Substitute Bill No. 1019
853677
854-occupations or professions; (3) on the principal location of the insured
855-motor vehicle unless such decision is for a business purpose which is
856-not a mere pretext for unfair discrimination; (4) solely on the age, sex,
857-gender identity or expression, [or] marital status or erased criminal
858-history record information, as defined in section 9 of this act, of an
859-applicant or an insured, except that this subdivision shall not apply to
860-an insurer in an insurer group if one or more other insurers in the group
861-would not decline an application for essentially similar coverage based
862-upon such reasons; (5) on the fact that the applicant or named insured
863-previously obtained insurance coverage through a residual market; (6)
864-on the fact that another insurer previously declined to insure the
865-applicant or terminated an existing policy in which the applicant was
866-the named insured; (7) the first or second accident within the current
867-experience period in relation to which the applicant or insured was not
868-convicted of a moving traffic violation and was not at fault; or (8) solely
869-on information contained in an insured's or applicant's credit history or
870-credit rating or solely on an applicant's lack of credit history. For the
871-purposes of subdivision (8) of this section, an insurer shall not be
872-deemed to have declined, cancelled or nonrenewed a policy if coverage
873-is available through an affiliated insurer.
874-Sec. 28. Section 38a-447 of the general statutes is repealed and the
875-following is substituted in lieu thereof (Effective January 1, 2023):
876-No life insurance company doing business in this state may: (1) Make
877-any distinction or discrimination between persons on the basis of race
878-or erased criminal history record information, as defined in section 9 of
879-this act, as to the premiums or rates charged for policies upon the lives
880-of such persons; (2) demand or require greater premiums from persons
881-of one race than such as are at that time required by that company from
882-persons of another race of the same age, sex, general condition of health
883-and hope of longevity; (3) demand or require greater premiums from
884-persons with erased criminal history record information than such as Substitute Senate Bill No. 1019
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886-Public Act No. 21-32 28 of 33
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888-are at that time required by that company from persons without erased
889-criminal history record information of the same age, sex, general
890-conditions of health and hope of longevity; or [(3)] (4) make or require
891-any rebate, diminution or discount on the basis of race or erased
892-criminal history record information upon the sum to be paid on any
893-policy in case of the death of any person insured, nor insert in the policy
894-any condition, nor make any stipulation whereby such person insured
895-shall bind himself, his heirs, executors, administrators or assigns to
896-accept any sum less than the full value or amount of such policy, in case
897-of a claim accruing thereon by reason of the death of such person
898-insured, other than such as are imposed upon all persons in similar
899-cases; and each such stipulation or condition so made or inserted shall
900-be void.
901-Sec. 29. Section 46a-74 of the general statutes is repealed and the
902-following is substituted in lieu thereof (Effective January 1, 2023):
903-No state department, board or agency may permit any
904-discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-
905-64c or section 11, 12, 16, 17, 23, 24 or 26 of this act.
906-Sec. 30. Section 46a-79 of the general statutes is repealed and the
907-following is substituted in lieu thereof (Effective January 1, 2023):
908-The General Assembly finds that the public is best protected when
909-criminal offenders are rehabilitated and returned to society prepared to
910-take their places as productive citizens and that the ability of returned
911-offenders to find meaningful employment is directly related to their
912-normal functioning in the community. It is therefore the policy of this
913-state to encourage all employers to give favorable consideration to
914-providing jobs to qualified individuals, including those who may have
915-[criminal conviction records] conviction information, as defined in
916-section 54-142g, as amended by this act. Nothing in this section shall be
917-construed to permit any employer to refuse to hire or employ or to bar Substitute Senate Bill No. 1019
683+the records of which have been erased pursuant to section 46b-146, 54-552
684+76o or 54-142a] has erased criminal history record information or that 553
685+the prospective employee had a prior conviction for which the 554
686+prospective employee has received a provisional pardon or certificate of 555
687+rehabilitation pursuant to section 54-130a, as amended by this act, or a 556
688+certificate of rehabilitation pursuant to section 54-108f. 557
689+(f) No employer or employer's agent, representative or designee shall 558
690+discharge, or cause to be discharged, or in any manner discriminate 559
691+against, any employee solely on the basis that the employee [had, prior 560
692+to being employed by such employer, an arrest, criminal charge or 561
693+conviction, the records of which have been erased pursuant to section 562
694+46b-146, 54-76o or 54-142a] has erased criminal history record 563
695+information or that the employee had, prior to being employed by such 564
696+employer, a prior conviction for which the employee has received a 565
697+provisional pardon or certificate of rehabilitation pursuant to section 54-566
698+130a, as amended by this act, or a certificate of rehabilitation pursuant 567
699+to section 54-108f. 568
700+(g) The portion of an employment application form that contains 569
701+information concerning the criminal history record of an applicant or 570
702+employee shall only be available to the members of the personnel 571
703+department of the company, firm or corporation or, if the company, firm 572
704+or corporation does not have a personnel department, the person in 573
705+charge of employment, and to any employee or member of the 574
706+company, firm or corporation, or an agent of such employee or member, 575
707+involved in the interviewing of the applicant. 576
708+(h) Notwithstanding the provisions of subsection (g) of this section, 577
709+the portion of an employment application form that contains 578
710+information concerning the criminal history record of an applicant or 579
711+employee may be made available as necessary to persons other than 580
712+those specified in said subsection (g) by: 581
713+(1) A broker-dealer or investment adviser registered under chapter 582
714+672a in connection with (A) the possible or actual filing of, or the 583 Substitute Bill No. 1019
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919-Public Act No. 21-32 29 of 33
920716
921-or to discharge from employment or to discriminate against an
922-individual in compensation or in terms on the basis of that person's
923-erased criminal history record information, as defined in section 9 of this
924-act.
925-Sec. 31. Section 46a-80 of the general statutes is repealed and the
926-following is substituted in lieu thereof (Effective January 1, 2023):
927-(a) Except as provided in subsection (c) of this section, subsection (b)
928-of section 46a-81, as amended by this act, and section 36a-489, and
929-notwithstanding any other provisions of law to the contrary, a person
930-shall not be disqualified from employment by the state or any of its
931-agencies, nor shall a person be disqualified to practice, pursue or engage
932-in any occupation, trade, vocation, profession or business for which a
933-license, permit, certificate or registration is required to be issued by the
934-state or any of its agencies solely [because of a prior conviction of a
935-crime] on the basis of that person's conviction information, as defined in
936-section 54-142g, as amended by this act.
937-(b) Except for a position for which any provision of the general
938-statutes specifically disqualifies a person from employment by the state
939-or any of its agencies [because of a prior conviction of a crime] on the
940-basis of that person's conviction information, no employer, as defined in
941-section [5-270] 9 of this act, shall inquire about a prospective employee's
942-[past convictions] conviction information until such prospective
943-employee has been deemed otherwise qualified for the position in
944-accordance with the provisions of section 31-51i, as amended by this act.
945-(c) A person may be denied employment by the state or any of its
946-agencies, or a person may be denied a license, permit, certificate or
947-registration to pursue, practice or engage in an occupation, trade,
948-vocation, profession or business [by reason of the prior conviction of a
949-crime] on the basis of that person's conviction information if, after
950-considering (1) the nature of the crime and its relationship to the job for Substitute Senate Bill No. 1019
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721+collection or retention of information contained in, a form U-4 Uniform 584
722+Application for Securities Industry Registration or Transfer, (B) the 585
723+compliance responsibilities of such broker-dealer or investment adviser 586
724+under state or federal law, or (C) the applicable rules of self-regulatory 587
725+organizations promulgated in accordance with federal law; 588
726+(2) An insured depository institution in connection with (A) the 589
727+management of risks related to safety and soundness, security or 590
728+privacy of such institution, (B) any waiver that may possibly or actually 591
729+be sought by such institution pursuant to section 19 of the Federal 592
730+Deposit Insurance Act, 12 USC 1829(a), (C) the possible or actual 593
731+obtaining by such institution of any security or fidelity bond, or (D) the 594
732+compliance responsibilities of such institution under state or federal 595
733+law; and 596
734+(3) An insurance producer licensed under chapter 701a in connection 597
735+with (A) the management of risks related to security or privacy of such 598
736+insurance producer, or (B) the compliance responsibilities of such 599
737+insurance producer under state or federal law. 600
738+(i) (1) For the purposes of this subsection: (A) "Consumer reporting 601
739+agency" means any person who regularly engages, in whole or in part, 602
740+in the practice of assembling or preparing consumer reports for a fee, 603
741+which reports compile and report items of information on consumers 604
742+that are matters of public record and are likely to have an adverse effect 605
743+on a consumer's ability to obtain employment, but does not include any 606
744+public agency; (B) "consumer report" means any written, oral or other 607
745+communication of information bearing on an individual's credit 608
746+worthiness, credit standing, credit capacity, character, general 609
747+reputation, personal characteristics or mode of living; and (C) "criminal 610
748+matters of public record" means information obtained from the Judicial 611
749+Department or any criminal justice agency, as defined in section 54-612
750+142g, as amended by this act, relating to arrests, indictments, 613
751+convictions, outstanding judgments [,] and any other conviction 614
752+information, as defined in section 54-142g, as amended by this act. 615 Substitute Bill No. 1019
953753
954-which the person has applied; (2) information pertaining to the degree
955-of rehabilitation of the convicted person; and (3) the time elapsed since
956-the conviction or release, the state or any of its agencies determines that
957-the applicant is not suitable for the position of employment sought or
958-the specific occupation, trade, vocation, profession or business for which
959-the license, permit, certificate or registration is sought. In making a
960-determination under this subsection, the state or any of its agencies shall
961-give consideration to a provisional pardon issued pursuant to section
962-54-130e, or a certificate of rehabilitation issued pursuant to section 54-
963-108f or 54-130e, and such provisional pardon or certificate of
964-rehabilitation shall establish a presumption that such applicant has been
965-rehabilitated. If an application is denied based on [a] conviction
966-information for which the applicant has received a provisional pardon
967-or certificate of rehabilitation, the state or any of its agencies, as the case
968-may be, shall provide a written statement to the applicant of its reasons
969-for such denial.
970-(d) If [a conviction of a crime] conviction information is used as a
971-basis for rejection of an applicant, such rejection shall be in writing and
972-specifically state the evidence presented and reasons for rejection. A
973-copy of such rejection shall be sent by registered mail to the applicant.
974-(e) In no case may [records of arrest, which are not followed by a
975-conviction, or records of convictions, which have been erased] erased
976-criminal history record information, as defined in section 9 of this act,
977-nonconviction information, as defined in section 54-142g, as amended
978-by this act, or criminal history record information, as defined in section
979-54-142g, as amended by this act, apart from conviction information, be
980-used, distributed or disseminated by the state or any of its agencies in
981-connection with an application for employment or for a permit, license,
982-certificate or registration.
983-(f) Nothing in this section shall permit any employer to discriminate
984-on the basis of erased criminal history record information in violation of Substitute Senate Bill No. 1019
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987758
988-section 31-51i, as amended by this act, or section 17 of this act.
989-Sec. 32. Subsection (a) of section 46a-81 of the general statutes is
990-repealed and the following is substituted in lieu thereof (Effective January
991-1, 2023):
992-(a) Except as provided in section 36a-489, the provisions of sections
993-46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any
994-other provisions of law which purport to govern the denial of licenses,
995-permits, certificates, registrations, or other means to engage in an
996-occupation, trade, vocation, business or profession, on the grounds of a
997-lack of good moral character, or which purport to govern the suspension
998-or revocation of a license, permit, certificate or registration on the
999-grounds of conviction [of a crime] information, as defined in section 54-
1000-142g, as amended by this act.
1001-Sec. 33. Subsection (b) of section 54-142g of the general statutes is
1002-repealed and the following is substituted in lieu thereof (Effective January
1003-1, 2023):
1004-(b) "Criminal justice agency" means any court with criminal
1005-jurisdiction, the Department of Motor Vehicles or any other
1006-governmental agency created by statute which is authorized by law and
1007-engages, in fact, as its principal function in activities constituting the
1008-administration of criminal justice, including, but not limited to,
1009-organized municipal police departments, the Division of Criminal
1010-Justice, the Department of Emergency Services and Public Protection,
1011-including the Division of State Police, the Department of Correction, the
1012-Court Support Services Division, the Office of Policy and Management,
1013-the state's attorneys, assistant state's attorneys and deputy assistant
1014-state's attorneys, the Board of Pardons and Paroles, the Chief Medical
1015-Examiner and the Office of the Victim Advocate. "Criminal justice
1016-agency" includes any component of a public, noncriminal justice agency
1017-if such component is created by statute and is authorized by law and, in Substitute Senate Bill No. 1019
759+(2) Each consumer reporting agency that issues a consumer report 616
760+that is used or is expected to be used for employment purposes and that 617
761+includes in such report criminal matters of public record concerning the 618
762+consumer shall: 619
763+(A) At the time the consumer reporting agency issues such consumer 620
764+report to a person other than the consumer who is the subject of the 621
765+report, provide the consumer who is the subject of the consumer report 622
766+(i) notice that the consumer reporting agency is reporting criminal 623
767+matters of public record, and (ii) the name and address of the person to 624
768+whom such consumer report is being issued; 625
769+(B) Maintain procedures designed to ensure that any criminal matter 626
770+of public record reported is complete and up-to-date as of the date the 627
771+consumer report is issued, which procedures shall, at a minimum, 628
772+conform to the requirements set forth in section 54-142e, as amended by 629
773+this act. 630
774+(3) This subsection shall not apply in the case of an agency or 631
775+department of the United States government seeking to obtain and use 632
776+a consumer report for employment purposes if the head of the agency 633
777+or department makes a written finding pursuant to 15 USC 634
778+1681b(b)(4)(A). 635
779+(j) An employee or prospective employee may file a complaint with 636
780+the Labor Commissioner alleging an employer's violation of subsection 637
781+(a), (c), (g), (h) or (i) of this section. For any alleged violation by an 638
782+employer of subsection (b), (d), (e) or (f) of this section, an employee or 639
783+prospective employee may file a complaint with the Commission on 640
784+Human Rights and Opportunities pursuant to section 46a-82 or may 641
785+bring an action in the Superior Court against the employer for violating 642
786+this section for declaratory or injunctive relief, damages or any other 643
787+remedy available under law, at the sole election of the employee or 644
788+prospective employee. 645
789+Sec. 16. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 646 Substitute Bill No. 1019
1018790
1019-Public Act No. 21-32 32 of 33
1020791
1021-fact, engages in activities constituting the administration of criminal
1022-justice as its principal function.
1023-Sec. 34. Section 52-180b of the general statutes is repealed and the
1024-following is substituted in lieu thereof (Effective January 1, 2023):
1025-There shall be a rebuttable presumption against admission of
1026-evidence of the prior criminal conviction of an applicant or employee in
1027-an action alleging that an employer has been negligent in hiring an
1028-applicant or retaining an employee, or in supervising the employer's
1029-agent, representative or designee with respect to hiring an applicant or
1030-retaining an employee, if the applicant or employee held a valid
1031-provisional pardon or certificate of rehabilitation at the time such
1032-alleged negligence occurred and a party establishes, by a preponderance
1033-of the evidence, that the employer knew that the applicant or employee
1034-held a valid provisional pardon or certificate of rehabilitation at the time
1035-such alleged negligence occurred. For the purposes of this section,
1036-"employer" has the same meaning as provided in section [31-51i] 9 of
1037-this act.
1038-Sec. 35. (NEW) (Effective October 1, 2021) (a) Notwithstanding any
1039-provision of the general statutes, any offense which constitutes a breach
1040-of any law of this state for which a person may be sentenced to a term
1041-of imprisonment of up to but not exceeding one year shall be punishable
1042-by imprisonment for a period not to exceed three hundred sixty-four
1043-days. A misdemeanor conviction for which a person was sentenced to a
1044-term of imprisonment of one year shall continue to be deemed a
1045-misdemeanor conviction after the maximum term of imprisonment is
1046-reduced pursuant to this section.
1047-(b) The provisions of this section apply to any term of imprisonment
1048-for which a person was sentenced to before, on or after October 1, 2021.
1049-(c) Any person sentenced to a term of imprisonment of one year, prior Substitute Senate Bill No. 1019
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796+it shall be a discriminatory practice for: (1) An employer or employer's 647
797+agent, representative or designee to discriminate against that person in 648
798+compensation or in terms, conditions or privileges of employment on 649
799+the basis of that person's erased criminal history record information, (2) 650
800+any employment agency to fail or refuse to classify properly or refer for 651
801+employment or otherwise to discriminate against any person on the 652
802+basis of that person's erased criminal history record information, (3) a 653
803+labor organization, on the basis of the erased criminal history record 654
804+information of any person, to exclude from full membership rights or to 655
805+expel from its membership that person or to discriminate in any way 656
806+against any of its members or against any employer or any individual 657
807+employed by an employer, or (4) any person, employer, employment 658
808+agency or labor organization, to advertise employment opportunities in 659
809+such a manner as to restrict such employment so as to discriminate 660
810+against persons on the basis of their erased criminal history record 661
811+information. 662
812+Sec. 17. (NEW) (Effective October 1, 2021) (a) On and after January 1, 663
813+2023, it shall be a discriminatory practice for any association, board or 664
814+other organization the principal purpose of which is the furtherance of 665
815+the professional or occupational interests of its members, whose 666
816+profession, trade or occupation requires a state license, to refuse to 667
817+accept a person as a member of such association, board or organization 668
818+solely on the basis of that person's erased criminal history record 669
819+information. 670
820+(b) Any association, board or other organization that violates the 671
821+provisions of this section shall be fined not less than one hundred 672
822+dollars or more than five hundred dollars. 673
823+Sec. 18. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 674
824+state officials and supervisory personnel shall recruit, appoint, assign, 675
825+train, evaluate and promote state personnel on the basis of merit and 676
826+qualifications, without regard for erased criminal history record 677
827+information. 678 Substitute Bill No. 1019
1052828
1053-to October 1, 2021, for any offense previously punishable by a term of
1054-imprisonment of up to but not exceeding one year, may apply to the
1055-court that entered the judgment of conviction to have the term of
1056-sentence modified to the maximum term of imprisonment for a period
1057-not to exceed three hundred sixty-four days. Any such application may
1058-be filed at any time and the court shall issue such modification
1059-regardless of the date of conviction, provided the record of such
1060-sentence has not been destroyed.
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834+Sec. 19. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 679
835+no state department, board or agency may grant, deny or revoke the 680
836+license or charter of any person on the basis of that person's erased 681
837+criminal history record information, except that the Department of 682
838+Motor Vehicles may consider erased criminal history record 683
839+information to the extent required by 49 CFR 384, as amended from time 684
840+to time. 685
841+Sec. 20. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 686
842+all educational, counseling and vocational guidance programs and all 687
843+apprenticeship and on-the-job training programs of state agencies, or in 688
844+which state agencies participate, shall be open to all qualified persons, 689
845+without regard to a person's erased criminal history record information. 690
846+Sec. 21. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 691
847+erased criminal history record information shall not be considered as a 692
848+limiting factor in state-administered programs involving the 693
849+distribution of funds to qualify applicants for benefits authorized by 694
850+law. 695
851+Sec. 22. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 696
852+services of every state agency shall be performed without 697
853+discrimination on the basis of erased criminal history record 698
854+information. 699
855+Sec. 23. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 700
856+it shall be a discriminatory practice to: 701
857+(1) Deny any person within the jurisdiction of this state full and equal 702
858+accommodations in any place of public accommodation, resort or 703
859+amusement on the basis of that person's erased criminal history record 704
860+information, subject only to the conditions and limitations established 705
861+by law and applicable alike to all persons; or 706
862+(2) Discriminate, segregate or separate on account of erased criminal 707
863+history record information. 708 Substitute Bill No. 1019
864+
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869+
870+Sec. 24. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 709
871+it shall be a discriminatory practice for the state system of higher 710
872+education to deny a person the opportunity for higher education on the 711
873+basis of erased criminal history record information. 712
874+Sec. 25. Subsection (b) of section 10a-6 of the general statutes is 713
875+repealed and the following is substituted in lieu thereof (Effective January 714
876+1, 2023): 715
877+(b) Within the limits of authorized expenditures, the policies of the 716
878+state system of higher education shall be consistent with (1) the 717
879+following goals: (A) To ensure that no qualified person be denied the 718
880+opportunity for higher education on the basis of age, sex, gender 719
881+identity or expression, ethnic background or social, physical or 720
882+economic condition, or erased criminal history record information, as 721
883+defined in section 9 of this act, (B) to protect academic freedom, (C) to 722
884+provide opportunities for education and training related to the 723
885+economic, cultural and educational development of the state, (D) to 724
886+assure the fullest possible use of available resources in public and 725
887+private institutions of higher education, (E) to maintain standards of 726
888+quality ensuring a position of national leadership for state institutions 727
889+of higher education, (F) to apply the resources of higher education to the 728
890+problems of society, and (G) to foster flexibility in the policies and 729
891+institutions of higher education to enable the system to respond to 730
892+changes in the economy, society, technology and student interests; and 731
893+(2) the goals for higher education in the state identified in section 10a-732
894+11c. Said board shall review recent studies of the need for higher 733
895+education services, with special attention to those completed pursuant 734
896+to legislative action, and to meet such needs shall initiate additional 735
897+programs or services through one or more of the constituent units. 736
898+Sec. 26. (NEW) (Effective October 1, 2021) On and after January 1, 2023, 737
899+it shall be a discriminatory practice for any creditor to discriminate on 738
900+the basis of erased criminal record history information, against any 739
901+person eighteen years of age or over in any credit transaction. 740 Substitute Bill No. 1019
902+
903+
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906+25 of 32
907+
908+Sec. 27. Section 38a-358 of the general statutes is repealed and the 741
909+following is substituted in lieu thereof (Effective January 1, 2023): 742
910+The declination, cancellation or nonrenewal of a policy for private 743
911+passenger nonfleet automobile insurance is prohibited if the declination, 744
912+cancellation or nonrenewal is based: (1) On the race, religion, nationality 745
913+or ethnicity of the applicant or named insured; (2) solely on the lawful 746
914+occupation or profession of the applicant or named insured, except that 747
915+this provision shall not apply to any insurer which limits its market to 748
916+one lawful occupation or profession or to several related lawful 749
917+occupations or professions; (3) on the principal location of the insured 750
918+motor vehicle unless such decision is for a business purpose which is 751
919+not a mere pretext for unfair discrimination; (4) solely on the age, sex, 752
920+gender identity or expression, [or] marital status or erased criminal 753
921+history record information, as defined in section 9 of this act, of an 754
922+applicant or an insured, except that this subdivision shall not apply to 755
923+an insurer in an insurer group if one or more other insurers in the group 756
924+would not decline an application for essentially similar coverage based 757
925+upon such reasons; (5) on the fact that the applicant or named insured 758
926+previously obtained insurance coverage through a residual market; (6) 759
927+on the fact that another insurer previously declined to insure the 760
928+applicant or terminated an existing policy in which the applicant was 761
929+the named insured; (7) the first or second accident within the current 762
930+experience period in relation to which the applicant or insured was not 763
931+convicted of a moving traffic violation and was not at fault; or (8) solely 764
932+on information contained in an insured's or applicant's credit history or 765
933+credit rating or solely on an applicant's lack of credit history. For the 766
934+purposes of subdivision (8) of this section, an insurer shall not be 767
935+deemed to have declined, cancelled or nonrenewed a policy if coverage 768
936+is available through an affiliated insurer. 769
937+Sec. 28. Section 38a-447 of the general statutes is repealed and the 770
938+following is substituted in lieu thereof (Effective January 1, 2023): 771
939+No life insurance company doing business in this state may: (1) Make 772
940+any distinction or discrimination between persons on the basis of race 773 Substitute Bill No. 1019
941+
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945+26 of 32
946+
947+or erased criminal history record information, as defined in section 9 of 774
948+this act, as to the premiums or rates charged for policies upon the lives 775
949+of such persons; (2) demand or require greater premiums from persons 776
950+of one race than such as are at that time required by that company from 777
951+persons of another race of the same age, sex, general condition of health 778
952+and hope of longevity; (3) demand or require greater premiums from 779
953+persons with erased criminal history record information than such as 780
954+are at that time required by that company from persons without erased 781
955+criminal history record information of the same age, sex, general 782
956+conditions of health and hope of longevity; or [(3)] (4) make or require 783
957+any rebate, diminution or discount on the basis of race or erased 784
958+criminal history record information upon the sum to be paid on any 785
959+policy in case of the death of any person insured, nor insert in the policy 786
960+any condition, nor make any stipulation whereby such person insured 787
961+shall bind himself, his heirs, executors, administrators or assigns to 788
962+accept any sum less than the full value or amount of such policy, in case 789
963+of a claim accruing thereon by reason of the death of such person 790
964+insured, other than such as are imposed upon all persons in similar 791
965+cases; and each such stipulation or condition so made or inserted shall 792
966+be void. 793
967+Sec. 29. Section 46a-74 of the general statutes is repealed and the 794
968+following is substituted in lieu thereof (Effective January 1, 2023): 795
969+No state department, board or agency may permit any 796
970+discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-797
971+64c or section 11, 12, 16, 17, 23, 24 or 26 of this act. 798
972+Sec. 30. Section 46a-79 of the general statutes is repealed and the 799
973+following is substituted in lieu thereof (Effective January 1, 2023): 800
974+The General Assembly finds that the public is best protected when 801
975+criminal offenders are rehabilitated and returned to society prepared to 802
976+take their places as productive citizens and that the ability of returned 803
977+offenders to find meaningful employment is directly related to their 804
978+normal functioning in the community. It is therefore the policy of this 805 Substitute Bill No. 1019
979+
980+
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983+27 of 32
984+
985+state to encourage all employers to give favorable consideration to 806
986+providing jobs to qualified individuals, including those who may have 807
987+[criminal conviction records] conviction information, as defined in 808
988+section 54-142g, as amended by this act. Nothing in this section shall be 809
989+construed to permit any employer to refuse to hire or employ or to bar 810
990+or to discharge from employment or to discriminate against an 811
991+individual in compensation or in terms on the basis of that person's 812
992+erased criminal history record information, as defined in section 9 of this 813
993+act. 814
994+Sec. 31. Section 46a-80 of the general statutes is repealed and the 815
995+following is substituted in lieu thereof (Effective January 1, 2023): 816
996+(a) Except as provided in subsection (c) of this section, subsection (b) 817
997+of section 46a-81, as amended by this act, and section 36a-489, and 818
998+notwithstanding any other provisions of law to the contrary, a person 819
999+shall not be disqualified from employment by the state or any of its 820
1000+agencies, nor shall a person be disqualified to practice, pursue or engage 821
1001+in any occupation, trade, vocation, profession or business for which a 822
1002+license, permit, certificate or registration is required to be issued by the 823
1003+state or any of its agencies solely [because of a prior conviction of a 824
1004+crime] on the basis of that person's conviction information, as defined in 825
1005+section 54-142g, as amended by this act. 826
1006+(b) Except for a position for which any provision of the general 827
1007+statutes specifically disqualifies a person from employment by the state 828
1008+or any of its agencies [because of a prior conviction of a crime] on the 829
1009+basis of that person's conviction information, no employer, as defined in 830
1010+section [5-270] 9 of this act, shall inquire about a prospective employee's 831
1011+[past convictions] conviction information until such prospective 832
1012+employee has been deemed otherwise qualified for the position in 833
1013+accordance with the provisions of section 31-51i, as amended by this act. 834
1014+(c) A person may be denied employment by the state or any of its 835
1015+agencies, or a person may be denied a license, permit, certificate or 836
1016+registration to pursue, practice or engage in an occupation, trade, 837 Substitute Bill No. 1019
1017+
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1021+28 of 32
1022+
1023+vocation, profession or business [by reason of the prior conviction of a 838
1024+crime] on the basis of that person's conviction information if, after 839
1025+considering (1) the nature of the crime and its relationship to the job for 840
1026+which the person has applied; (2) information pertaining to the degree 841
1027+of rehabilitation of the convicted person; and (3) the time elapsed since 842
1028+the conviction or release, the state or any of its agencies determines that 843
1029+the applicant is not suitable for the position of employment sought or 844
1030+the specific occupation, trade, vocation, profession or business for which 845
1031+the license, permit, certificate or registration is sought. In making a 846
1032+determination under this subsection, the state or any of its agencies shall 847
1033+give consideration to a provisional pardon issued pursuant to section 848
1034+54-130e, or a certificate of rehabilitation issued pursuant to section 54-849
1035+108f or 54-130e, and such provisional pardon or certificate of 850
1036+rehabilitation shall establish a presumption that such applicant has been 851
1037+rehabilitated. If an application is denied based on [a] conviction 852
1038+information for which the applicant has received a provisional pardon 853
1039+or certificate of rehabilitation, the state or any of its agencies, as the case 854
1040+may be, shall provide a written statement to the applicant of its reasons 855
1041+for such denial. 856
1042+(d) If [a conviction of a crime] conviction information is used as a 857
1043+basis for rejection of an applicant, such rejection shall be in writing and 858
1044+specifically state the evidence presented and reasons for rejection. A 859
1045+copy of such rejection shall be sent by registered mail to the applicant. 860
1046+(e) In no case may [records of arrest, which are not followed by a 861
1047+conviction, or records of convictions, which have been erased] erased 862
1048+criminal history record information, as defined in section 9 of this act, 863
1049+nonconviction information, as defined in section 54-142g, as amended 864
1050+by this act, or criminal history record information, as defined in section 865
1051+54-142g, as amended by this act, apart from conviction information, be 866
1052+used, distributed or disseminated by the state or any of its agencies in 867
1053+connection with an application for employment or for a permit, license, 868
1054+certificate or registration. 869
1055+(f) Nothing in this section shall permit any employer to discriminate 870 Substitute Bill No. 1019
1056+
1057+
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1060+29 of 32
1061+
1062+on the basis of erased criminal history record information in violation of 871
1063+section 31-51i, as amended by this act, or section 17 of this act. 872
1064+Sec. 32. Subsection (a) of section 46a-81 of the general statutes is 873
1065+repealed and the following is substituted in lieu thereof (Effective January 874
1066+1, 2023): 875
1067+(a) Except as provided in section 36a-489, the provisions of sections 876
1068+46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 877
1069+other provisions of law which purport to govern the denial of licenses, 878
1070+permits, certificates, registrations, or other means to engage in an 879
1071+occupation, trade, vocation, business or profession, on the grounds of a 880
1072+lack of good moral character, or which purport to govern the suspension 881
1073+or revocation of a license, permit, certificate or registration on the 882
1074+grounds of conviction [of a crime] information, as defined in section 54-883
1075+142g, as amended by this act. 884
1076+Sec. 33. Subsection (b) of section 54-142g of the general statutes is 885
1077+repealed and the following is substituted in lieu thereof (Effective January 886
1078+1, 2023): 887
1079+(b) "Criminal justice agency" means any court with criminal 888
1080+jurisdiction, the Department of Motor Vehicles or any other 889
1081+governmental agency created by statute which is authorized by law and 890
1082+engages, in fact, as its principal function in activities constituting the 891
1083+administration of criminal justice, including, but not limited to, 892
1084+organized municipal police departments, the Division of Criminal 893
1085+Justice, the Department of Emergency Services and Public Protection, 894
1086+including the Division of State Police, the Department of Correction, the 895
1087+Court Support Services Division, the Office of Policy and Management, 896
1088+the state's attorneys, assistant state's attorneys and deputy assistant 897
1089+state's attorneys, the Board of Pardons and Paroles, the Chief Medical 898
1090+Examiner and the Office of the Victim Advocate. "Criminal justice 899
1091+agency" includes any component of a public, noncriminal justice agency 900
1092+if such component is created by statute and is authorized by law and, in 901
1093+fact, engages in activities constituting the administration of criminal 902 Substitute Bill No. 1019
1094+
1095+
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1098+30 of 32
1099+
1100+justice as its principal function. 903
1101+Sec. 34. Section 52-180b of the general statutes is repealed and the 904
1102+following is substituted in lieu thereof (Effective January 1, 2023): 905
1103+There shall be a rebuttable presumption against admission of 906
1104+evidence of the prior criminal conviction of an applicant or employee in 907
1105+an action alleging that an employer has been negligent in hiring an 908
1106+applicant or retaining an employee, or in supervising the employer's 909
1107+agent, representative or designee with respect to hiring an applicant or 910
1108+retaining an employee, if the applicant or employee held a valid 911
1109+provisional pardon or certificate of rehabilitation at the time such 912
1110+alleged negligence occurred and a party establishes, by a preponderance 913
1111+of the evidence, that the employer knew that the applicant or employee 914
1112+held a valid provisional pardon or certificate of rehabilitation at the time 915
1113+such alleged negligence occurred. For the purposes of this section, 916
1114+"employer" has the same meaning as provided in section [31-51i] 9 of 917
1115+this act. 918
1116+Sec. 35. (NEW) (Effective October 1, 2021) (a) Notwithstanding any 919
1117+provision of the general statutes, any offense which constitutes a breach 920
1118+of any law of this state for which a person may be sentenced to a term 921
1119+of imprisonment of up to but not exceeding one year shall be punishable 922
1120+by imprisonment for a period not to exceed three hundred sixty-four 923
1121+days. A misdemeanor conviction for which a person was sentenced to a 924
1122+term of imprisonment of one year shall continue to be deemed a 925
1123+misdemeanor conviction after the maximum term of imprisonment is 926
1124+reduced pursuant to this section. 927
1125+(b) The provisions of this section apply to any term of imprisonment 928
1126+for which a person was sentenced to before, on or after October 1, 2021. 929
1127+(c) Any person sentenced to a term of imprisonment of one year, prior 930
1128+to October 1, 2021, for any offense previously punishable by a term of 931
1129+imprisonment of up to but not exceeding one year, may apply to the 932
1130+court that entered the judgment of conviction to have the term of 933 Substitute Bill No. 1019
1131+
1132+
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1135+31 of 32
1136+
1137+sentence modified to the maximum term of imprisonment for a period 934
1138+not to exceed three hundred sixty-four days. Any such application may 935
1139+be filed at any time and the court shall issue such modification 936
1140+regardless of the date of conviction, provided the record of such 937
1141+sentence has not been destroyed. 938
1142+This act shall take effect as follows and shall amend the following
1143+sections:
1144+
1145+Section 1 July 1, 2021 54-124a(l)
1146+Sec. 2 January 1, 2023 54-130a
1147+Sec. 3 January 1, 2023 54-142a
1148+Sec. 4 January 1, 2023 54-142d
1149+Sec. 5 January 1, 2023 New section
1150+Sec. 6 January 1, 2023 54-142e
1151+Sec. 7 July 1, 2021 29-11(c)
1152+Sec. 8 January 1, 2023 54-142k(d)
1153+Sec. 9 January 1, 2023 New section
1154+Sec. 10 January 1, 2023 46a-51(7) and (8)
1155+Sec. 11 October 1, 2021 New section
1156+Sec. 12 October 1, 2021 New section
1157+Sec. 13 January 1, 2023 8-265c
1158+Sec. 14 January 1, 2023 8-315
1159+Sec. 15 January 1, 2023 31-51i
1160+Sec. 16 October 1, 2021 New section
1161+Sec. 17 October 1, 2021 New section
1162+Sec. 18 October 1, 2021 New section
1163+Sec. 19 October 1, 2021 New section
1164+Sec. 20 October 1, 2021 New section
1165+Sec. 21 October 1, 2021 New section
1166+Sec. 22 October 1, 2021 New section
1167+Sec. 23 October 1, 2021 New section
1168+Sec. 24 October 1, 2021 New section
1169+Sec. 25 January 1, 2023 10a-6(b)
1170+Sec. 26 October 1, 2021 New section
1171+Sec. 27 January 1, 2023 38a-358
1172+Sec. 28 January 1, 2023 38a-447
1173+Sec. 29 January 1, 2023 46a-74
1174+Sec. 30 January 1, 2023 46a-79 Substitute Bill No. 1019
1175+
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1179+32 of 32
1180+
1181+Sec. 31 January 1, 2023 46a-80
1182+Sec. 32 January 1, 2023 46a-81(a)
1183+Sec. 33 January 1, 2023 54-142g(b)
1184+Sec. 34 January 1, 2023 52-180b
1185+Sec. 35 October 1, 2021 New section
1186+
1187+
1188+JUD Joint Favorable Subst.
1189+APP Joint Favorable
10611190