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General Assembly Substitute Bill No. 5417
February Session, 2022
AN ACT CONCERNING JUVENILE JUSTICE AND SERVICES,
FIREARMS BACKGROUND CHECKS, AND LARCENY OF A MOTOR
VEHICLE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) to (e), inclusive, of section 46b-133 of the 1
2022 supplement to the general statutes are repealed and the following 2
is substituted in lieu thereof (Effective October 1, 2022): 3
(a) Nothing in this part shall be construed as preventing the arrest of 4
a child, with or without a warrant, as may be provided by law, or as 5
preventing the issuance of warrants by judges in the manner provided 6
by section 54-2a, except that no child shall be taken into custody on such 7
process except on apprehension in the act, or on speedy information, or 8
in other cases when the use of such process appears imperative. 9
Whenever a child is arrested and charged with a delinquent act, such 10
child (1) shall be brought before a judge of the Superior Court not later 11
than the fifth business day after such arrest, unless required sooner 12
pursuant to subsection (e) of this section, and (2) may be required to 13
submit to the taking of his photograph, physical description and 14
fingerprints. Notwithstanding the provisions of section 46b-124, as 15
amended by this act, the name, photograph and custody status of any 16
child arrested for the commission of a capital felony under the 17
provisions of section 53a-54b in effect prior to April 25, 2012, or class A 18
felony may be disclosed to the public. 19 Substitute Bill No. 5417
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(b) Whenever a child is brought before a judge of the Superior Court, 20
which court shall be the court that has jurisdiction over juvenile matters 21
where the child resides if the residence of such child can be determined, 22
such judge shall immediately have the case proceeded upon as a 23
juvenile matter. Such judge may admit the child to bail or release the 24
child in the custody of the child's parent or parents, the child's guardian 25
or some other suitable person to appear before the Superior Court when 26
ordered. If there is probable cause to believe that the child has 27
committed the acts alleged, the court may consider if the child should 28
be assessed for services. Such assessment shall be held not later than two 29
weeks after the child is arraigned and such child shall have the right to 30
counsel at such assessment. If detention becomes necessary, such 31
detention shall be in the manner prescribed by this chapter, provided 32
the child shall be placed in the least restrictive environment possible in 33
a manner consistent with public safety. 34
(c) (1) Upon the arrest of any child by an officer, such officer may [(1)] 35
(A) release the child to the custody of the child's parent or parents, 36
guardian or some other suitable person or agency, [(2)] (B) at the 37
discretion of the officer, release the child to the child's own custody, or 38
[(3)] (C) seek a court order to detain the child in a juvenile residential 39
center. No child may be placed in a juvenile residential center unless a 40
judge of the Superior Court determines, based on the available facts, that 41
[(A)] (i) there is probable cause to believe that the child has committed 42
the acts alleged, [(B) there is no appropriate less restrictive alternative 43
available] (ii) detention of the child is more reasonable than an 44
appropriate less restrictive alternative, and [(C)] (iii) there is [(i)] (I) 45
probable cause to believe that the level of risk that the child poses to 46
public safety if released to the community prior to the court hearing or 47
disposition cannot be managed in a less restrictive setting, [(ii)] (II) a 48
need to hold the child in order to ensure the child's appearance before 49
the court or compliance with court process, as demonstrated by the 50
child's previous failure to respond to the court process, or [(iii)] (III) a 51
need to hold the child for another jurisdiction. No child shall be held in 52
any juvenile residential center unless an order to detain is issued by a 53 Substitute Bill No. 5417
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judge of the Superior Court. If any such judge declines to detain a child, 54
such judge shall, not later than forty-eight hours after such declination, 55
articulate the reasons in writing for not holding the child in a juvenile 56
residential center. 57
(2) A judge of the Superior Court may order any child who is released 58
into the custody of his or her parent or guardian or some other suitable 59
person or agency after being charged with a second or subsequent 60
delinquency offense involving a motor vehicle, as defined in section 61
46b-133j, as amended by this act, or property theft, to be electronically 62
monitored by using a global positioning system device until such child's 63
case is disposed of. Any failure by the child to adhere to the judge's 64
order concerning electronic monitoring shall result in immediate 65
detention of such child. 66
(d) When a child is arrested for the commission of a delinquent act 67
and the child is not placed in a juvenile residential center or referred to 68
a diversionary program, an officer shall serve a written complaint and 69
summons on the child and the child's parent, guardian or some other 70
suitable person or agency. If such child is released to the child's own 71
custody, the officer shall make reasonable efforts to notify, and to 72
provide a copy of a written complaint and summons to, the parent or 73
guardian or some other suitable person or agency prior to the court date 74
on the summons. If any person so summoned wilfully fails to appear in 75
court at the time and place so specified, the court may issue a warrant 76
for the child's arrest or a capias to assure the appearance in court of such 77
parent, guardian or other person. If a child wilfully fails to appear in 78
response to such a summons, the court may order such child taken into 79
custody and such child may be charged with the delinquent act of wilful 80
failure to appear under section 46b-120, as amended by this act. The 81
court may punish for contempt, as provided in section 46b-121, any 82
parent, guardian or other person so summoned who wilfully fails to 83
appear in court at the time and place so specified. 84
(e) When a child is arrested for the commission of a delinquent act 85
and is placed in a juvenile residential center pursuant to subsection (c) 86 Substitute Bill No. 5417
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of this section, such child may be detained pending a hearing which 87
shall be held on the business day next following the child's arrest. No 88
child may be detained after such hearing unless the court determines, 89
based on the available facts, that (1) there is probable cause to believe 90
that the child has committed the acts alleged, (2) there is no less 91
restrictive alternative available, and (3) through the use of the detention 92
risk screening instrument developed pursuant to section 46b-133g, that 93
there is (A) probable cause to believe that the level of risk the child poses 94
to public safety if released to the community prior to the court hearing 95
or disposition cannot be managed in a less restrictive setting, (B) a need 96
to hold the child in order to ensure the child's appearance before the 97
court or compliance with court process, as demonstrated by the child's 98
previous failure to respond to the court process, [;] or (C) a need to hold 99
the child for another jurisdiction. Such probable cause may be shown by 100
sworn affidavit in lieu of testimony. No child shall be released from a 101
juvenile residential center who is alleged to have committed a serious 102
juvenile offense except by order of a judge of the Superior Court. The 103
court may, in its discretion, consider as an alternative to detention a 104
suspended detention order with graduated sanctions to be imposed 105
based on the detention risk screening for such child, using the 106
instrument developed pursuant to section 46b-133g. Any child confined 107
in a community correctional center or lockup shall be held in an area 108
separate and apart from any adult detainee, except in the case of a 109
nursing infant, and no child shall at any time be held in solitary 110
confinement. [or] No such child may be held for a period that exceeds 111
six hours, except such child may be held for a period that does not 112
exceed eight hours in a case where an officer has submitted an 113
application for an order of detention and the judge has not yet ruled on 114
such application, or if such officer has been unable to contact such 115
child's parent or guardian. When a female child is held in custody, she 116
shall, as far as possible, be in the charge of a woman attendant. 117
Sec. 2. Section 46b-133d of the general statutes is repealed and the 118
following is substituted in lieu thereof (Effective October 1, 2022): 119 Substitute Bill No. 5417
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(a) For the purposes of this section, "special juvenile probation" 120
means a period of probation imposed by the superior court for juvenile 121
matters upon a child in a proceeding designated as a serious homicide, 122
firearm or sexual offender prosecution during which the child is 123
supervised by a juvenile probation officer prior to such child attaining 124
eighteen years of age and by an adult probation officer after such child 125
attains eighteen years of age. 126
(b) Whenever a child is referred for (1) the commission of any crime 127
of (A) murder or manslaughter in the first degree, (B) a violation of 128
section 53a-56a, 53a-60a, 53a-60c, 53a-92a, 53a-94a, 53a-102a, 53a-103a or 129
53a-212, or (C) a violation of section 53a-59, 53a-101 or 53a-136a if such 130
violation involved the use of a firearm, or (2) the commission of any 131
crime of a sexual nature, and such case is not transferred to the regular 132
criminal docket pursuant to section 46b-127, the prosecutorial official 133
may request the court to designate the proceeding as a serious homicide, 134
firearm or sexual offender prosecution. 135
(c) If a prosecutorial official requests that a proceeding be designated 136
as a serious homicide, firearm or sexual offender prosecution, the court 137
shall hold a hearing not later than thirty days after the filing of such 138
request unless good cause is shown by the prosecutorial official or by 139
the child as to why the hearing should not be held within such period. 140
If good cause is shown, the hearing shall be held not later than ninety 141
days after the filing of such request. The court shall decide whether to 142
designate the proceeding as a serious homicide, firearm or sexual 143
offender prosecution not later than thirty days after the completion of 144
such hearing. The court shall grant the request to designate the 145
proceeding as a serious homicide, firearm or sexual offender 146
prosecution if the court finds probable cause to believe the child has 147
committed the felony act charged and the prosecutorial official shows 148
by [a preponderance of the] clear and convincing evidence that such 149
designation will serve the public safety. The decision to designate the 150
proceeding as a serious homicide, firearm or sexual offender 151
prosecution shall not be a final judgment for purposes of appeal. 152 Substitute Bill No. 5417
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(d) A proceeding designated as a serious homicide, firearm or sexual 153
offender prosecution pursuant to subsection (c) of this section shall be 154
held before the court without a jury provided the child has waived the 155
right to a trial by jury. If a child is convicted of or pleads guilty or nolo 156
contendere to a charge in a proceeding that has been designated as a 157
serious homicide, firearm or sexual offender prosecution, the court 158
shall: (1) Sentence the child in accordance with section 46b-140, 159
provided such sentence may be extended for a period not to exceed sixty 160
months, (2) sentence the child to a period of special juvenile probation 161
of at least five years, to commence upon the release of the child from the 162
institution, agency or program in whose care the child had been placed, 163
and (3) sentence the child in accordance with section 53a-28 with the 164
execution of such sentence stayed on the condition that the child not 165
violate the conditions of the sentence imposed pursuant to subdivisions 166
(1) and (2) of this subsection or commit a subsequent crime. 167
(e) Whenever [it appears] there is probable cause to believe that a 168
child who has been sentenced pursuant to subsection (d) of this section 169
has violated the conditions of the sentence imposed pursuant to 170
subdivision (2) of said subsection or has committed a subsequent crime, 171
the court may [, without notice, order that the child be immediately] 172
issue a warrant for the arrest of the child for a violation of the conditions 173
of the sentence imposed pursuant to subsection (d) of this section and 174
may order that the child be taken into custody in accordance with the 175
provisions of sections 46b-125 and 53a-32. If such violation of probation 176
or subsequent crime occurs prior to the person attaining eighteen years 177
of age, the matter shall be handled by the superior court for juvenile 178
matters. If such violation of probation or subsequent crime occurs after 179
the person has attained eighteen years of age, the matter shall be 180
handled by the regular criminal docket of the Superior Court. Whenever 181
such matter is handled by the superior court for juvenile matters, the 182
court shall notify the child and such child's parent or guardian and the 183
attorney of record, if any, in writing of the reasons alleged to exist for 184
the lifting of the stay of execution of the sentence imposed pursuant to 185
subdivision (3) of subsection (d) of this section. If the child challenges 186 Substitute Bill No. 5417
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such reasons, the court shall hold a hearing at which the child shall be 187
entitled to be heard and be represented by counsel. After such hearing, 188
if the court finds that (1) the child has violated the conditions of the 189
sentence imposed pursuant to subdivision (2) of subsection (d) of this 190
section, [or] (2) committed a subsequent crime, or (3) by clear and 191
convincing evidence that the best interest of the community cannot be 192
served by continued supervision by the superior court for juvenile 193
matters or in the community, it shall order the child to serve a sentence 194
not to exceed that imposed pursuant to subdivision (3) of subsection (d) 195
of this section unless it determines there are mitigating circumstances 196
that justify continuing the stay of execution and specifically states such 197
mitigating circumstances in writing for the record. The child shall 198
receive credit against any sentence imposed pursuant to subdivision (3) 199
of subsection (d) of this section for time served in a juvenile facility 200
pursuant to the sentence imposed pursuant to subdivision (1) of said 201
subsection. 202
(f) When a proceeding has been designated as a serious homicide, 203
firearm or sexual offender prosecution pursuant to subsection (c) of this 204
section and the child does not waive the right to a trial by jury, the court 205
shall transfer the case from the docket for juvenile matters to the regular 206
criminal docket of the Superior Court. Upon transfer, such child shall 207
stand trial and be sentenced, if convicted, as if such child were eighteen 208
years of age, subject to the provisions of section 54-91g, except that no 209
such child shall be placed in a correctional facility but shall be 210
maintained in a facility for children and youths until such child attains 211
eighteen years of age or until such child is sentenced, whichever occurs 212
first. Such child shall receive credit against any sentence imposed for 213
time served in a juvenile facility prior to the effectuation of the transfer. 214
A child who has been transferred may enter a guilty plea to a lesser 215
offense if the court finds that such plea is made knowingly and 216
voluntarily. Any child transferred to the regular criminal docket who 217
pleads guilty to a lesser offense shall not resume such child's status as a 218
juvenile regarding such offense. If the action is dismissed or nolled or if 219
such child is found not guilty of the charge for which such child was 220 Substitute Bill No. 5417
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transferred, the child shall resume such child's status as a juvenile until 221
such child attains eighteen years of age. 222
Sec. 3. Subsection (c) of section 29-33 of the general statutes is 223
repealed and the following is substituted in lieu thereof (Effective October 224
1, 2022): 225
(c) No person, firm or corporation shall sell, deliver or otherwise 226
transfer any pistol or revolver except upon written application on a form 227
prescribed and furnished by the Commissioner of Emergency Services 228
and Public Protection. Such person, firm or corporation shall ensure that 229
all questions on the application are answered properly prior to releasing 230
the pistol or revolver and shall retain the application, which shall be 231
attached to the federal sale or transfer document, for at least twenty 232
years or until such vendor goes out of business. Such application shall 233
be available for inspection during normal business hours by law 234
enforcement officials. No sale, delivery or other transfer of any pistol or 235
revolver shall be made unless the person making the purchase or to 236
whom the same is delivered or transferred is personally known to the 237
person selling such pistol or revolver or making delivery or transfer 238
thereof or provides evidence of his identity in the form of a motor 239
vehicle operator's license, identity card issued pursuant to section 1-1h 240
or valid passport. No sale, delivery or other transfer of any pistol or 241
revolver shall be made until the person, firm or corporation making 242
such transfer obtains an authorization number from the Commissioner 243
of Emergency Services and Public Protection. Said commissioner shall 244
perform the national instant criminal background check and make a 245
reasonable effort to determine whether there is any reason that would 246
prohibit such applicant from possessing a pistol or revolver as provided 247
in section 53a-217c. If the commissioner determines the existence of such 248
a reason, the commissioner shall (1) deny the sale and no pistol or 249
revolver shall be sold, delivered or otherwise transferred by such 250
person, firm or corporation to such applicant, and (2) inform the chief of 251
police of the town in which the applicant resides, or, where there is no 252
chief of police, the warden of the borough or the first selectman of the 253 Substitute Bill No. 5417
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town, as the case may be, that there exists a reason that would prohibit 254
such applicant from possessing a pistol or revolver. 255
Sec. 4. Subsection (d) of section 29-37a of the general statutes is 256
repealed and the following is substituted in lieu thereof (Effective October 257
1, 2022): 258
(d) No person, firm or corporation may sell, deliver or otherwise 259
transfer, at retail, any long gun to any person unless such person makes 260
application on a form prescribed and furnished by the Commissioner of 261
Emergency Services and Public Protection, which shall be attached by 262
the transferor to the federal sale or transfer document and filed and 263
retained by the transferor for at least twenty years or until such 264
transferor goes out of business. Such application shall be available for 265
inspection during normal business hours by law enforcement officials. 266
No such sale, delivery or other transfer of any long gun shall be made 267
until the person, firm or corporation making such sale, delivery or 268
transfer has ensured that such application has been completed properly 269
and has obtained an authorization number from the Commissioner of 270
Emergency Services and Public Protection for such sale, delivery or 271
transfer. The Department of Emergency Services and Public Protection 272
shall make every effort, including performing the national instant 273
criminal background check, to determine if the applicant is eligible to 274
receive such long gun. If it is determined that the applicant is ineligible 275
to receive such long gun, the Commissioner of Emergency Services and 276
Public Protection shall immediately notify the (1) person, firm or 277
corporation to whom such application was made and no such long gun 278
shall be sold, delivered or otherwise transferred to such applicant by 279
such person, firm or corporation, and (2) chief of police of the town in 280
which the applicant resides, or, where there is no chief of police, the 281
warden of the borough or the first selectman of the town, as the case 282
may be, that the applicant is not eligible to receive a long gun. When any 283
long gun is delivered in connection with any sale or purchase, such long 284
gun shall be enclosed in a package, the paper or wrapping of which shall 285
be securely fastened, and no such long gun when delivered on any sale 286 Substitute Bill No. 5417
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or purchase shall be loaded or contain any gunpowder or other 287
explosive or any bullet, ball or shell. Upon the sale, delivery or other 288
transfer of the long gun, the transferee shall sign in triplicate a receipt 289
for such long gun, which shall contain the name, address and date and 290
place of birth of such transferee, the date of such sale, delivery or 291
transfer and the caliber, make, model and manufacturer's number and a 292
general description thereof. Not later than twenty-four hours after such 293
sale, delivery or transfer, the transferor shall send by first class mail or 294
electronically transfer one receipt to the Commissioner of Emergency 295
Services and Public Protection and one receipt to the chief of police or, 296
where there is no chief of police, the warden of the borough or the first 297
selectman, of the town in which the transferee resides, and shall retain 298
one receipt, together with the original application, for at least five years. 299
Sec. 5. Subsection (d) of section 46b-124 of the 2022 supplement to the 300
general statutes is repealed and the following is substituted in lieu 301
thereof (Effective April 1, 2023): 302
(d) Records of cases of juvenile matters involving delinquency 303
proceedings shall be available to (1) Judicial Branch employees who, in 304
the performance of their duties, require access to such records, (2) judges 305
and employees of the Probate Court who, in the performance of their 306
duties, require access to such records, and (3) employees and authorized 307
agents of municipal, state or federal agencies involved in (A) the 308
delinquency proceedings, (B) the provision of services directly to the 309
child, or (C) the delivery of court diversionary programs. Such 310
employees and authorized agents include, but are not limited to, law 311
enforcement officials, community-based youth service bureau officials, 312
state and federal prosecutorial officials, school officials in accordance 313
with section 10-233h, court officials including officials of both the 314
regular criminal docket and the docket for juvenile matters and officials 315
of the Division of Criminal Justice, the Division of Public Defender 316
Services, the Department of Children and Families, if the child is 317
committed pursuant to section 46b-129, provided such disclosure shall 318
be limited to (i) information that identifies the child as the subject of the 319 Substitute Bill No. 5417
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delinquency petition, or (ii) the records of the delinquency proceedings, 320
when the juvenile court orders the department to provide services to 321
said child, the Court Support Services Division and agencies under 322
contract with the Judicial Branch. Such records shall also be available to 323
(I) the attorney representing the child, including the Division of Public 324
Defender Services, in any proceeding in which such records are 325
relevant, (II) the parents or guardian of the child, until such time as the 326
subject of the record reaches the age of majority, (III) the subject of the 327
record, upon submission of satisfactory proof of the subject's identity, 328
pursuant to guidelines prescribed by the Office of the Chief Court 329
Administrator, provided the subject has reached the age of majority, 330
(IV) law enforcement officials and prosecutorial officials conducting 331
legitimate criminal investigations, (V) a state or federal agency 332
providing services related to the collection of moneys due or funding to 333
support the service needs of eligible juveniles, provided such disclosure 334
shall be limited to that information necessary for the collection of and 335
application for such moneys, (VI) members and employees of the Board 336
of Pardons and Paroles and employees of the Department of Correction 337
who, in the performance of their duties, require access to such records, 338
provided the subject of the record has been convicted of a crime in the 339
regular criminal docket of the Superior Court and such records are 340
relevant to the performance of a risk and needs assessment of such 341
person while such person is incarcerated, the determination of such 342
person's suitability for release from incarceration or for a pardon, or the 343
determination of the supervision and treatment needs of such person 344
while on parole or other supervised release, and (VII) members and 345
employees of the Judicial Review Council who, in the performance of 346
their duties related to said council, require access to such records. 347
Records disclosed pursuant to this subsection shall not be further 348
disclosed, except that information contained in such records may be 349
disclosed in connection with bail or sentencing reports in open court 350
during criminal proceedings involving the subject of such information, 351
or as otherwise provided by law. Records of cases of juvenile matters 352
involving delinquency proceedings, including arrest records, in the past 353
ninety days shall be available via direct electronic means to state and 354 Substitute Bill No. 5417
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municipal law enforcement officials conducting criminal investigations. 355
Sec. 6. (NEW) (Effective October 1, 2022) (a) The Chief State's Attorney 356
shall develop, implement and update, as necessary, a training program 357
on a uniform process for applying for and seeking the issuance of a 358
detention order pursuant to section 46b-133 of the general statutes, as 359
amended by this act. The Chief State's Attorney shall administer such 360
program and any updated program to those persons required to 361
complete such program pursuant to subsection (b) of this section in a 362
manner and frequency determined by said administrator. 363
(b) Each prosecutorial official and peace officer, as defined in section 364
53a-3 of the general statutes, except any judicial marshal, shall complete 365
the training program pursuant to subsection (a) of this section and as 366
directed by the Chief State's Attorney. 367
Sec. 7. Section 46b-133p of the 2022 supplement to the general statutes 368
is repealed and the following is substituted in lieu thereof (Effective 369
October 1, 2022): 370
(a) Any law enforcement officer or prosecutorial official who sought 371
a court order to detain a child pursuant to subparagraph (C) of 372
subdivision [(3)] (1) of subsection (c) of section 46b-133, as amended by 373
this act, shall attach, along with the summons, a copy of the completed 374
form to detain that is prescribed by Office of the Chief Court 375
Administrator. 376
(b) The Judicial Branch, the Division of Criminal Justice, the Division 377
of State Police within the Department of Emergency Services and Public 378
Protection and each municipal police department shall compile data 379
concerning requests by a law enforcement officer to detain a child 380
pursuant to subdivision (3) of subsection (c) of section 46b-133, as 381
amended by this act. The Judicial Branch shall sort such data by judicial 382
district and categorize such data based on (1) how many such requests 383
were made, and (2) how many such requests were denied. Not later than 384
January 15, 2023, and annually thereafter, the Judicial Branch shall, in 385 Substitute Bill No. 5417
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accordance with the provisions of section 11-4a, report such data from 386
the previous calendar year to the joint standing committee of the 387
General Assembly having cognizance of matters relating to the 388
judiciary. 389
Sec. 8. Section 53a-122 of the general statutes is repealed and the 390
following is substituted in lieu thereof (Effective October 1, 2022): 391
(a) A person is guilty of larceny in the first degree when [he] such 392
person commits larceny, as defined in section 53a-119, and: (1) The 393
property or service, regardless of its nature and value, is obtained by 394
extortion, (2) the value of the property or service exceeds twenty 395
thousand dollars, [(3) the property consists of a motor vehicle, the value 396
of which exceeds twenty thousand dollars, or (4)] or (3) the property is 397
obtained by defrauding a public community, and the value of such 398
property exceeds two thousand dollars. 399
[(b) For purposes of this section, "motor vehicle" means any motor 400
vehicle, construction equipment, agricultural tractor or farm implement 401
or major component part of any of the above. In any prosecution under 402
subdivision (3) of subsection (a) of this section, evidence of (1) forcible 403
entry, (2) forcible removal of ignition, or (3) alteration, mutilation or 404
removal of a vehicle identification number shall be prima facie evidence 405
(A) that the person in control or possession of such motor vehicle knows 406
or should have known that such motor vehicle is stolen, and (B) that 407
such person possesses such motor vehicle with larcenous intent.] 408
[(c)] (b) Larceny in the first degree is a class B felony. 409
Sec. 9. Section 53a-123 of the general statutes is repealed and the 410
following is substituted in lieu thereof (Effective October 1, 2022): 411
(a) A person is guilty of larceny in the second degree when [he] such 412
person commits larceny, as defined in section 53a-119, and: (1) The 413
[property consists of a motor vehicle, the value of which exceeds ten 414
thousand dollars, (2) the] value of the property or service exceeds ten 415
thousand dollars, [(3)] (2) the property, regardless of its nature or value, 416 Substitute Bill No. 5417
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is taken from the person of another, [(4)] (3) the property is obtained by 417
defrauding a public community, and the value of such property is two 418
thousand dollars or less, [(5)] (4) the property, regardless of its nature or 419
value, is obtained by embezzlement, false pretenses or false promise and 420
the victim of such larceny is sixty years of age or older, or is a conserved 421
person, as defined in section 45a-644, or is blind or physically disabled, 422
as defined in section 1-1f, or [(6)] (5) the property, regardless of its value, 423
consists of wire, cable or other equipment used in the provision of 424
telecommunications service and the taking of such property causes an 425
interruption in the provision of emergency telecommunications service. 426
[(b) For purposes of this section, "motor vehicle" means any motor 427
vehicle, construction equipment, agricultural tractor or farm implement 428
or major component part of any of the above. In any prosecution under 429
subdivision (1) of subsection (a) of this section, evidence of (1) forcible 430
entry, (2) forcible removal of ignition, or (3) alteration, mutilation or 431
removal of a vehicle identification number shall be prima facie evidence 432
(A) that the person in control or possession of such motor vehicle knows 433
or should have known that such motor vehicle is stolen, and (B) that 434
such person possesses such motor vehicle with larcenous intent.] 435
[(c)] (b) Larceny in the second degree is a class C felony. 436
Sec. 10. Section 53a-124 of the general statutes is repealed and the 437
following is substituted in lieu thereof (Effective October 1, 2022): 438
(a) A person is guilty of larceny in the third degree when [he] such 439
person commits larceny, as defined in section 53a-119, and: (1) The 440
[property consists of a motor vehicle, the value of which is ten thousand 441
dollars or less; (2) the] value of the property or service exceeds two 442
thousand dollars; [(3)] (2) the property consists of a public record, 443
writing or instrument kept, held or deposited according to law with or 444
in the keeping of any public office or public servant; or [(4)] (3) the 445
property consists of a sample, culture, microorganism, specimen, 446
record, recording, document, drawing or any other article, material, 447
device or substance which constitutes, represents, evidences, reflects or 448 Substitute Bill No. 5417
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records a secret scientific or technical process, invention or formula or 449
any phase or part thereof. A process, invention or formula is "secret" 450
when it is not, and is not intended to be, available to anyone other than 451
the owner thereof or selected persons having access thereto for limited 452
purposes with his consent, and when it accords or may accord the owner 453
an advantage over competitors or other persons who do not have 454
knowledge or the benefit thereof. 455
[(b) For purposes of this section, "motor vehicle" means any motor 456
vehicle, construction equipment, agricultural tractor or farm implement 457
or major component part of any of the above. In any prosecution under 458
subdivision (1) of subsection (a) of this section, evidence of (1) forcible 459
entry, (2) forcible removal of ignition, or (3) alteration, mutilation or 460
removal of a vehicle identification number shall be prima facie evidence 461
(A) that the person in control or possession of such motor vehicle knows 462
or should have known that such motor vehicle is stolen, and (B) that 463
such person possesses such motor vehicle with larcenous intent.] 464
[(c)] (b) Larceny in the third degree is a class D felony. 465
Sec. 11. (Effective from passage) (a) The Commissioner of Children and 466
Families and the executive director of the Court Support Services 467
Division of the Judicial Branch shall identify each juvenile delinquency 468
or justice service provided to children by the Department of Children 469
and Families at the time of the passage of public act 18-31. Said 470
commissioner and executive director shall determine how such services 471
were transferred from the department to the Court Support Services 472
Division and identify any services that were merged into other services, 473
eliminated or otherwise not transferred. 474
(b) Said commissioner and executive director shall report, not later 475
than December 31, 2022, in accordance with the provisions of section 11-476
4a of the general statutes, their findings pursuant to the provisions of 477
subsection (a) of this section, to the joint standing committee of the 478
General Assembly having cognizance of matters relating to the 479
judiciary. 480 Substitute Bill No. 5417
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Sec. 12. (Effective from passage) (a) Not later than thirty days after the 481
effective date of this section, the executive director of the Court Support 482
Services Division of the Judicial Branch shall review the (1) staffing 483
levels of juvenile probation officers, (2) name, number and location of 484
juvenile pretrial and diversionary programs, the content of such 485
programs and their efficacy at reducing recidivism, and (3) availability 486
and efficiency of juvenile job training programs and juvenile drug 487
treatment programs. 488
(b) Not later than December 31, 2022, the executive director of the 489
Court Support Services Division of the Judicial Branch shall report, in 490
accordance with the provisions of section 11-4a of the general statutes, 491
on the review conducted pursuant to subsection (a) of this section and 492
any resulting recommendations for legislation to the joint standing 493
committee of the General Assembly having cognizance of matters 494
relating to the judiciary. 495
Sec. 13. (NEW) (Effective October 1, 2022) (a) A person is guilty of 496
larceny of a motor vehicle when such person commits larceny, as 497
defined in section 53a-119 of the general statutes, and the property 498
consists of a motor vehicle. 499
(b) For purposes of this section, "motor vehicle" means any motor 500
vehicle, construction equipment, agricultural tractor or farm implement 501
or major component part of any of the above. In any prosecution under 502
subsection (a) of this section, evidence of (1) forcible entry, (2) forcible 503
removal of ignition, or (3) alteration, mutilation or removal of a vehicle 504
identification number shall be prima facie evidence that (A) the person 505
in control or possession of such motor vehicle knows or should have 506
known that such motor vehicle is stolen, and (B) such person possesses 507
such motor vehicle with larcenous intent. 508
(c) Larceny of a motor vehicle is (1) a class A misdemeanor for a first 509
offense, (2) a class C felony for a second offense, and (3) a class B felony 510
for any subsequent offense. 511 Substitute Bill No. 5417
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Sec. 14. Subsection (j) of section 14-112 of the general statutes is 512
repealed and the following is substituted in lieu thereof (Effective October 513
1, 2022): 514
(j) To entitle any person to receive or retain a motor vehicle operator's 515
license or a certificate of registration of any motor vehicle when, in the 516
opinion of the commissioner, such person has committed larceny of a 517
motor vehicle, the value of which exceeds ten thousand dollars, or 518
violated any of the provisions of the following-named sections and 519
subsections: Section 14-44, section 14-80h or 14-80i, sections 14-110, 14-520
147, 14-217, 14-219, sections 14-228, 14-275 to 14-281, inclusive, or 521
[subdivision (1) of subsection (a) of section 53a-123 or] any similar 522
provision of the laws of any other state or any territory, or who has been 523
convicted of, or has forfeited any bond taken for appearance for, or has 524
received a suspended judgment or sentence for, a violation of any of 525
said provisions, or a violation of any of the provisions of sections 14-230 526
to 14-247, inclusive, and 38a-371, within a twelve-month period 527
following a violation of any of said sections, the commissioner may 528
require from such person proof of financial responsibility to satisfy any 529
claim for damages by reason of personal injury to, or the death of, any 530
one person, of twenty-five thousand dollars, or by reason of personal 531
injury to, or the death of, more than one person on account of any 532
accident, of at least fifty thousand dollars, and for damage to property 533
of at least twenty-five thousand dollars. When the commissioner 534
requires proof of financial responsibility from an operator or owner of 535
any motor vehicle, he may require proof in the amounts herein specified 536
for each vehicle operated or owned by such person. If any person fails 537
to furnish such proof, the commissioner shall, until such proof is 538
furnished, suspend or revoke the license of such person to operate a 539
motor vehicle or refuse to return any license which has been suspended 540
or revoked in accordance with the provisions of section 14-111 or 541
suspend or revoke the registration of any such motor vehicle or vehicles 542
or refuse thereafter to register any motor vehicle owned by such person 543
or refuse to register any motor vehicle transferred by such person if it 544
does not appear to the commissioner's satisfaction that such transfer is 545 Substitute Bill No. 5417
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a bona fide sale, or, if such person is not a resident of this state, withdraw 546
from such person the privilege of operating any motor vehicle in this 547
state and the privilege of operation within this state of any motor vehicle 548
owned by such person. Prior to such suspension, revocation or 549
withdrawal, notice thereof shall be given by the commissioner by a 550
notice forwarded by bulk certified mail to the address of such person as 551
shown by the records of the commissioner. No appeal taken from the 552
judgment of any court shall act as a stay to any action of the 553
commissioner authorized by the provisions of this section. 554
Sec. 15. Subdivision (8) of section 46b-120 of the 2022 supplement to 555
the general statutes is repealed and the following is substituted in lieu 556
thereof (Effective October 1, 2022): 557
(8) "Serious juvenile offense" means (A) the violation of, including 558
attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, as 559
amended by this act, 29-34, 29-35, subdivision (2) or (3) of subsection (a) 560
of section 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 561
53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-562
64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, 563
inclusive, 53a-95, 53a-100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 564
53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, as 565
amended by this act, subdivision [(3)] (2) of subsection (a) of section 53a-566
123, as amended by this act, section 53a-134, 53a-135, 53a-136a or 53a-567
167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-568
212, 53a-216 or 53a-217b, or (B) absconding, escaping or running away, 569
without just cause, from any secure residential facility in which the child 570
has been placed by the court as a delinquent child; 571
Sec. 16. Subsection (k) of section 46b-133 of the 2022 supplement to 572
the general statutes is repealed and the following is substituted in lieu 573
thereof (Effective October 1, 2022): 574
(k) For purposes of subsections (c) and (e) of this section, a child may 575
be determined to pose a risk to public safety if such child has previously 576
been adjudicated as delinquent for or convicted of or pled guilty or nolo 577 Substitute Bill No. 5417
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contendere to two or more felony offenses, has had two or more prior 578
dispositions of probation and is charged with commission of a larceny 579
under [subdivision (3) of subsection (a) of section 53a-122 or subdivision 580
(1) of subsection (a) of section 53a-123 or subdivision (1) of subsection 581
(a) of section 53a-124] section 13 of this act. 582
Sec. 17. Subsection (a) of section 46b-133j of the general statutes is 583
repealed and the following is substituted in lieu thereof (Effective October 584
1, 2022): 585
(a) For purposes of this section: (1) "Delinquency offense involving a 586
motor vehicle" means any offense under (A) subdivision (1) of 587
subsection (a) of section 53a-119b, (B) section 53a-126a, (C) section 53a-588
126b, when the property consists of a motor vehicle, or (D) [subdivision 589
(3) of subsection (a) of section 53a-122, (E) subdivision (1) of subsection 590
(a) of section 53a-123, or (F) subdivision (1) of subsection (a) of section 591
53a-124] section 13 of this act; and (2) "child" means child, as defined in 592
section 46b-120, as amended by this act. 593
Sec. 18. Subsection (c) of section 54-56e of the 2022 supplement to the 594
general statutes is repealed and the following is substituted in lieu 595
thereof (Effective October 1, 2022): 596
(c) This section shall not be applicable: (1) To any person charged 597
with (A) a class A felony, (B) a class B felony, except a violation of 598
subdivision (1) [,] or (2) [or (3)] of subsection (a) of section 53a-122, as 599
amended by this act, that does not involve the use, attempted use or 600
threatened use of physical force against another person, or a violation 601
of subdivision [(4)] (3) of subsection (a) of section 53a-122, as amended 602
by this act, that does not involve the use, attempted use or threatened 603
use of physical force against another person and does not involve a 604
violation by a person who is a public official, as defined in section 1-110, 605
or a state or municipal employee, as defined in section 1-110, or (C) a 606
violation of section 53a-70b of the general statutes, revision of 1958, 607
revised to January 1, 2019, or section 14-227a or 14-227m, subdivision (1) 608
or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection 609 Substitute Bill No. 5417
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(a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-71, 610
except as provided in subdivision (5) of this subsection, 53a-72a, 53a-611
72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a 612
crime or motor vehicle violation who, as a result of the commission of 613
such crime or motor vehicle violation, causes the death of another 614
person, (3) to any person accused of a family violence crime as defined 615
in section 46b-38a who (A) is eligible for the pretrial family violence 616
education program established under section 46b-38c, or (B) has 617
previously had the pretrial family violence education program invoked 618
in such person's behalf, (4) to any person charged with a violation of 619
section 21a-267, 21a-279 or 21a-279a, who (A) is eligible for the pretrial 620
drug education and community service program established under 621
section 54-56i or the pretrial drug intervention and community service 622
program established under section 54-56q, or (B) has previously had (i) 623
the pretrial drug education program (ii) the pretrial drug education and 624
community service program established under the provisions of section 625
54-56i, or (iii) the pretrial drug intervention and community service 626
program established under section 54-56q, invoked on such person's 627
behalf, (5) unless good cause is shown, to (A) any person charged with 628
a class C felony, or (B) any person charged with committing a violation 629
of subdivision (1) of subsection (a) of section 53a-71 while such person 630
was less than four years older than the other person, (6) to any person 631
charged with a violation of section 9-359 or 9-359a, (7) to any person 632
charged with a motor vehicle violation (A) while operating a 633
commercial motor vehicle, as defined in section 14-1, or (B) who holds a 634
commercial driver's license or commercial driver's instruction permit at 635
the time of the violation, (8) to any person charged with a violation of 636
subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care 637
provider or vendor participating in the state's Medicaid program 638
charged with a violation of section 53a-122, as amended by this act, or 639
subdivision [(4)] (3) of subsection (a) of section 53a-123, as amended by 640
this act. 641
Sec. 19. (Effective July 1, 2022) The sum of one million two hundred 642
fifty thousand dollars is appropriated to the Judicial Department from 643 Substitute Bill No. 5417
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the General Fund, for the fiscal year ending June 30, 2023, for Juvenile 644
Justice Outreach Services for the purpose of expanding REGIONS. 645
Sec. 20. (Effective July 1, 2022) The sum of seven hundred fifty 646
thousand dollars is appropriated to the Judicial Department from the 647
General Fund, for the fiscal year ending June 30, 2023, for Juvenile 648
Alternative Incarceration. 649
Sec. 21. (Effective July 1, 2022) The sum of one million dollars is 650
appropriated to the Department of Emergency Services and Public 651
Protection from the General Fund, for the fiscal year ending June 30, 652
2023, for regional crime reduction strategies. 653
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 46b-133(a) to (e)
Sec. 2 October 1, 2022 46b-133d
Sec. 3 October 1, 2022 29-33(c)
Sec. 4 October 1, 2022 29-37a(d)
Sec. 5 April 1, 2023 46b-124(d)
Sec. 6 October 1, 2022 New section
Sec. 7 October 1, 2022 46b-133p
Sec. 8 October 1, 2022 53a-122
Sec. 9 October 1, 2022 53a-123
Sec. 10 October 1, 2022 53a-124
Sec. 11 from passage New section
Sec. 12 from passage New section
Sec. 13 October 1, 2022 New section
Sec. 14 October 1, 2022 14-112(j)
Sec. 15 October 1, 2022 46b-120(8)
Sec. 16 October 1, 2022 46b-133(k)
Sec. 17 October 1, 2022 46b-133j(a)
Sec. 18 October 1, 2022 54-56e(c)
Sec. 19 July 1, 2022 New section
Sec. 20 July 1, 2022 New section
Sec. 21 July 1, 2022 New section
Substitute Bill No. 5417
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Statement of Legislative Commissioners:
In Section 2(d), redundant language was deleted and Sections 14 to 18
were added as conforming changes.
JUD Joint Favorable Subst.