Substitute House Bill No. 5417
Public Act No. 22-115
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
2022 supplement to the general statutes are repealed and the following
is substituted in lieu thereof (Effective October 1, 2022):
(a) Nothing in this part shall be construed as preventing the arrest of
a child, with or without a warrant, as may be provided by law, or as
preventing the issuance of warrants by judges in the manner provided
by section 54-2a, except that no child shall be taken into custody on such
process except on apprehension in the act, or on speedy information, or
in other cases when the use of such process appears imperative.
Whenever a child is arrested and charged with a delinquent act, such
child (1) shall be brought before a judge of the Superior Court not later
than the fifth business day after such arrest, unless required sooner
pursuant to subsection (e) of this section, and (2) may be required to
submit to the taking of his photograph, physical description and
fingerprints. Notwithstanding the provisions of section 46b-124, as
amended by this act, the name, photograph and custody status of any
child arrested for the commission of a capital felony under the Substitute House Bill No. 5417
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provisions of section 53a-54b in effect prior to April 25, 2012, or class A
felony may be disclosed to the public.
(b) Whenever a child is brought before a judge of the Superior Court,
which court shall be the court that has jurisdiction over juvenile matters
where the child resides if the residence of such child can be determined,
such judge shall immediately have the case proceeded upon as a
juvenile matter. Such judge may admit the child to bail or release the
child in the custody of the child's parent or parents, the child's guardian
or some other suitable person to appear before the Superior Court when
ordered. If there is probable cause to believe that the child has
committed the acts alleged, the court may consider if the child should
be assessed for services. Such assessment shall be held not later than two
weeks after the child is arraigned and such child shall have the right to
counsel at such assessment. If detention becomes necessary, such
detention shall be in the manner prescribed by this chapter, provided
the child shall be placed in the least restrictive environment possible in
a manner consistent with public safety.
(c) (1) Upon the arrest of any child by an officer, such officer may [(1)]
(A) release the child to the custody of the child's parent or parents,
guardian or some other suitable person or agency, [(2)] (B) at the
discretion of the officer, release the child to the child's own custody, or
[(3)] (C) using the form prescribed pursuant to section 46b-133p, as
amended by this act, seek a court order to detain the child in a juvenile
residential center. No child may be placed in a juvenile residential center
unless a judge of the Superior Court determines, based on the available
facts, that [(A)] (i) there is probable cause to believe that the child has
committed the acts alleged, [(B) there is no appropriate less restrictive
alternative available] (ii) detention of the child is more reasonable than
an appropriate less restrictive alternative, and [(C)] (iii) there is [(i)] (I)
probable cause to believe that the level of risk that the child poses to
public safety if released to the community prior to the court hearing or Substitute House Bill No. 5417
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disposition cannot be managed in a less restrictive setting, [(ii)] (II) a
need to hold the child in order to ensure the child's appearance before
the court or compliance with court process, as demonstrated by the
child's previous failure to respond to the court process, or [(iii)] (III) a
need to hold the child for another jurisdiction. No child shall be held in
any juvenile residential center unless an order to detain is issued by a
judge of the Superior Court. If any such judge declines to detain a child,
such judge shall articulate the reasons in writing, upon the form
submitted in accordance with subparagraph (C) of this subdivision, for
not holding the child in a juvenile residential center.
(2) A judge of the Superior Court may order any child who is released
into the custody of his or her parent or guardian or some other suitable
person or agency after being charged with a second or subsequent
delinquency offense involving a motor vehicle, as defined in section
46b-133j, as amended by this act, or property theft, to be electronically
monitored by using a global positioning system device until such child's
case is disposed of or earlier upon order of the court. Any failure by the
child to adhere to the judge's order concerning electronic monitoring
may result in immediate detention of such child.
(d) When a child is arrested for the commission of a delinquent act
and the child is not placed in a juvenile residential center or referred to
a diversionary program, an officer shall serve a written complaint and
summons on the child and the child's parent, guardian or some other
suitable person or agency. If such child is released to the child's own
custody, the officer shall make reasonable efforts to notify, and to
provide a copy of a written complaint and summons to, the parent or
guardian or some other suitable person or agency prior to the court date
on the summons. If any person so summoned wilfully fails to appear in
court at the time and place so specified, the court may issue a warrant
for the child's arrest or a capias to assure the appearance in court of such
parent, guardian or other person. If a child wilfully fails to appear in Substitute House Bill No. 5417
Public Act No. 22-115 4 of 23
response to such a summons, the court may order such child taken into
custody and such child may be charged with the delinquent act of wilful
failure to appear under section 46b-120, as amended by this act. The
court may punish for contempt, as provided in section 46b-121, any
parent, guardian or other person so summoned who wilfully fails to
appear in court at the time and place so specified.
(e) When a child is arrested for the commission of a delinquent act
and is placed in a juvenile residential center pursuant to subsection (c)
of this section, such child may be detained pending a hearing which
shall be held on the business day next following the child's arrest. No
child may be detained after such hearing unless the court determines,
based on the available facts, that (1) there is probable cause to believe
that the child has committed the acts alleged, (2) there is no less
restrictive alternative available, and (3) through the use of the detention
risk screening instrument developed pursuant to section 46b-133g, that
there is (A) probable cause to believe that the level of risk the child poses
to public safety if released to the community prior to the court hearing
or disposition cannot be managed in a less restrictive setting, [;] (B) a
need to hold the child in order to ensure the child's appearance before
the court or compliance with court process, as demonstrated by the
child's previous failure to respond to the court process, or (C) a need to
hold the child for another jurisdiction. Such probable cause may be
shown by sworn affidavit in lieu of testimony. No child shall be released
from a juvenile residential center who is alleged to have committed a
serious juvenile offense except by order of a judge of the Superior Court.
The court may, in its discretion, consider as an alternative to detention
a suspended detention order with graduated sanctions to be imposed
based on the detention risk screening for such child, using the
instrument developed pursuant to section 46b-133g. Any child confined
in a community correctional center or lockup shall be held in an area
separate and apart from any adult detainee, except in the case of a
nursing infant, and no child shall at any time be held in solitary Substitute House Bill No. 5417
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confinement. [or] No such child may be held for a period that exceeds
six hours, except such child may be held for a period that does not
exceed eight hours in a case where an officer has submitted an
application for an order of detention and the judge has not yet ruled on
such application, or if such officer has been unable to contact such
child's parent or guardian. When a female child is held in custody, she
shall, as far as possible, be in the charge of a woman attendant.
Sec. 2. Section 46b-133d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) For the purposes of this section, "special juvenile probation"
means a period of probation imposed by the superior court for juvenile
matters upon a child in a proceeding designated as a serious homicide,
firearm or sexual offender prosecution during which the child is
supervised by a juvenile probation officer prior to such child attaining
eighteen years of age and by an adult probation officer after such child
attains eighteen years of age.
(b) Whenever a child is referred for (1) the commission of any crime
of (A) murder or manslaughter in the first degree, (B) a violation of
section 53a-56a, 53a-60a, 53a-60c, 53a-92a, 53a-94a, 53a-102a, 53a-103a or
53a-212, or (C) a violation of section 53a-59, 53a-101 or 53a-136a if such
violation involved the use of a firearm, or (2) the commission of any
crime of a sexual nature, and such case is not transferred to the regular
criminal docket pursuant to section 46b-127, the prosecutorial official
may request the court to designate the proceeding as a serious homicide,
firearm or sexual offender prosecution.
(c) If a prosecutorial official requests that a proceeding be designated
as a serious homicide, firearm or sexual offender prosecution, the court
shall hold a hearing not later than thirty days after the filing of such
request unless good cause is shown by the prosecutorial official or by
the child as to why the hearing should not be held within such period. Substitute House Bill No. 5417
Public Act No. 22-115 6 of 23
If good cause is shown, the hearing shall be held not later than ninety
days after the filing of such request. The court shall decide whether to
designate the proceeding as a serious homicide, firearm or sexual
offender prosecution not later than thirty days after the completion of
such hearing. The court shall grant the request to designate the
proceeding as a serious homicide, firearm or sexual offender
prosecution if the court finds probable cause to believe the child has
committed the felony act charged and the prosecutorial official shows
by [a preponderance of the] clear and convincing evidence that such
designation will serve the public safety. The decision to designate the
proceeding as a serious homicide, firearm or sexual offender
prosecution shall not be a final judgment for purposes of appeal.
(d) A proceeding designated as a serious homicide, firearm or sexual
offender prosecution pursuant to subsection (c) of this section shall be
held before the court without a jury provided the child has waived the
right to a trial by jury. If a child is convicted of or pleads guilty or nolo
contendere to a charge in a proceeding that has been designated as a
serious homicide, firearm or sexual offender prosecution, the court
shall: (1) Sentence the child in accordance with section 46b-140,
provided such sentence may be extended for a period not to exceed sixty
months, (2) sentence the child to a period of special juvenile probation
of at least five years, to commence upon the release of the child from the
institution, agency or program in whose care the child had been placed,
and (3) sentence the child in accordance with section 53a-28 with the
execution of such sentence stayed on the condition that the child not
violate the conditions of the sentence imposed pursuant to subdivisions
(1) and (2) of this subsection or commit a subsequent crime.
(e) Whenever [it appears] there is probable cause to believe that a
child who has been sentenced pursuant to subsection (d) of this section
has violated the conditions of the sentence imposed pursuant to
subdivision (2) of said subsection or has committed a subsequent crime, Substitute House Bill No. 5417
Public Act No. 22-115 7 of 23
the court may [, without notice, order that the child be immediately]
issue a warrant for the arrest of the child for a violation of the conditions
of the sentence imposed pursuant to subsection (d) of this section and
may order that the child be taken into custody in accordance with the
provisions of sections 46b-125 and 53a-32. If such violation of probation
or subsequent crime occurs prior to the person attaining eighteen years
of age, the matter shall be handled by the superior court for juvenile
matters. If such violation of probation or subsequent crime occurs after
the person has attained eighteen years of age, the matter shall be
handled by the regular criminal docket of the Superior Court. Whenever
such matter is handled by the superior court for juvenile matters, the
court shall notify the child and such child's parent or guardian and the
attorney of record, if any, in writing of the reasons alleged to exist for
the lifting of the stay of execution of the sentence imposed pursuant to
subdivision (3) of subsection (d) of this section. If the child challenges
such reasons, the court shall hold a hearing at which the child shall be
entitled to be heard and be represented by counsel. After such hearing,
if the court finds that (1) the child has violated the conditions of the
sentence imposed pursuant to subdivision (2) of subsection (d) of this
section, [or] (2) committed a subsequent crime, or (3) by clear and
convincing evidence that the best interest of the community cannot be
served by continued supervision by the superior court for juvenile
matters or in the community, it shall order the child to serve a sentence
not to exceed that imposed pursuant to subdivision (3) of subsection (d)
of this section unless it determines there are mitigating circumstances
that justify continuing the stay of execution and specifically states such
mitigating circumstances in writing for the record. The child shall
receive credit against any sentence imposed pursuant to subdivision (3)
of subsection (d) of this section for time served in a juvenile facility
pursuant to the sentence imposed pursuant to subdivision (1) of said
subsection.
(f) When a proceeding has been designated as a serious homicide, Substitute House Bill No. 5417
Public Act No. 22-115 8 of 23
firearm or sexual offender prosecution pursuant to subsection (c) of this
section and the child does not waive the right to a trial by jury, the court
shall transfer the case from the docket for juvenile matters to the regular
criminal docket of the Superior Court. Upon transfer, such child shall
stand trial and be sentenced, if convicted, as if such child were eighteen
years of age, subject to the provisions of section 54-91g, except that no
such child shall be placed in a correctional facility but shall be
maintained in a facility for children and youths until such child attains
eighteen years of age or until such child is sentenced, whichever occurs
first. Such child shall receive credit against any sentence imposed for
time served in a juvenile facility prior to the effectuation of the transfer.
A child who has been transferred may enter a guilty plea to a lesser
offense if the court finds that such plea is made knowingly and
voluntarily. Any child transferred to the regular criminal docket who
pleads guilty to a lesser offense shall not resume such child's status as a
juvenile regarding such offense. If the action is dismissed or nolled or if
such child is found not guilty of the charge for which such child was
transferred, the child shall resume such child's status as a juvenile until
such child attains eighteen years of age.
Sec. 3. Subsection (c) of section 29-33 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(c) No person, firm or corporation shall sell, deliver or otherwise
transfer any pistol or revolver except upon written application on a form
prescribed and furnished by the Commissioner of Emergency Services
and Public Protection. Such person, firm or corporation shall ensure that
all questions on the application are answered properly prior to releasing
the pistol or revolver and shall retain the application, which shall be
attached to the federal sale or transfer document, for at least twenty
years or until such vendor goes out of business. Such application shall
be available for inspection during normal business hours by law Substitute House Bill No. 5417
Public Act No. 22-115 9 of 23
enforcement officials. No sale, delivery or other transfer of any pistol or
revolver shall be made unless the person making the purchase or to
whom the same is delivered or transferred is personally known to the
person selling such pistol or revolver or making delivery or transfer
thereof or provides evidence of his identity in the form of a motor
vehicle operator's license, identity card issued pursuant to section 1-1h
or valid passport. No sale, delivery or other transfer of any pistol or
revolver shall be made until the person, firm or corporation making
such transfer obtains an authorization number from the Commissioner
of Emergency Services and Public Protection. Said commissioner shall
perform the national instant criminal background check and make a
reasonable effort to determine whether there is any reason that would
prohibit such applicant from possessing a pistol or revolver as provided
in section 53a-217c. If the commissioner determines the existence of such
a reason, the commissioner shall (1) deny the sale and no pistol or
revolver shall be sold, delivered or otherwise transferred by such
person, firm or corporation to such applicant, and (2) inform the chief of
police of the town in which the applicant resides, or, where there is no
chief of police, the warden of the borough or the first selectman of the
town, as the case may be, that there exists a reason that would prohibit
such applicant from possessing a pistol or revolver.
Sec. 4. Subsection (d) of section 29-37a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(d) No person, firm or corporation may sell, deliver or otherwise
transfer, at retail, any long gun to any person unless such person makes
application on a form prescribed and furnished by the Commissioner of
Emergency Services and Public Protection, which shall be attached by
the transferor to the federal sale or transfer document and filed and
retained by the transferor for at least twenty years or until such
transferor goes out of business. Such application shall be available for Substitute House Bill No. 5417
Public Act No. 22-115 10 of 23
inspection during normal business hours by law enforcement officials.
No such sale, delivery or other transfer of any long gun shall be made
until the person, firm or corporation making such sale, delivery or
transfer has ensured that such application has been completed properly
and has obtained an authorization number from the Commissioner of
Emergency Services and Public Protection for such sale, delivery or
transfer. The Department of Emergency Services and Public Protection
shall make every effort, including performing the national instant
criminal background check, to determine if the applicant is eligible to
receive such long gun. If it is determined that the applicant is ineligible
to receive such long gun, the Commissioner of Emergency Services and
Public Protection shall immediately notify the (1) person, firm or
corporation to whom such application was made and no such long gun
shall be sold, delivered or otherwise transferred to such applicant by
such person, firm or corporation, and (2) chief of police of the town in
which the applicant resides, or, where there is no chief of police, the
warden of the borough or the first selectman of the town, as the case
may be, that the applicant is not eligible to receive a long gun. When any
long gun is delivered in connection with any sale or purchase, such long
gun shall be enclosed in a package, the paper or wrapping of which shall
be securely fastened, and no such long gun when delivered on any sale
or purchase shall be loaded or contain any gunpowder or other
explosive or any bullet, ball or shell. Upon the sale, delivery or other
transfer of the long gun, the transferee shall sign in triplicate a receipt
for such long gun, which shall contain the name, address and date and
place of birth of such transferee, the date of such sale, delivery or
transfer and the caliber, make, model and manufacturer's number and a
general description thereof. Not later than twenty-four hours after such
sale, delivery or transfer, the transferor shall send by first class mail or
electronically transfer one receipt to the Commissioner of Emergency
Services and Public Protection and one receipt to the chief of police or,
where there is no chief of police, the warden of the borough or the first
selectman, of the town in which the transferee resides, and shall retain Substitute House Bill No. 5417
Public Act No. 22-115 11 of 23
one receipt, together with the original application, for at least five years.
Sec. 5. Subsection (d) of section 46b-124 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective June 1, 2023):
(d) Records of cases of juvenile matters involving delinquency
proceedings shall be available to (1) Judicial Branch employees who, in
the performance of their duties, require access to such records, (2) judges
and employees of the Probate Court who, in the performance of their
duties, require access to such records, and (3) employees and authorized
agents of municipal, state or federal agencies involved in (A) the
delinquency proceedings, (B) the provision of services directly to the
child, or (C) the delivery of court diversionary programs. Such
employees and authorized agents include, but are not limited to, law
enforcement officials, community-based youth service bureau officials,
state and federal prosecutorial officials, school officials in accordance
with section 10-233h, court officials including officials of both the
regular criminal docket and the docket for juvenile matters and officials
of the Division of Criminal Justice, the Division of Public Defender
Services, the Department of Children and Families, if the child is
committed pursuant to section 46b-129, provided such disclosure shall
be limited to (i) information that identifies the child as the subject of the
delinquency petition, or (ii) the records of the delinquency proceedings,
when the juvenile court orders the department to provide services to
said child, the Court Support Services Division and agencies under
contract with the Judicial Branch. Such records shall also be available to
(I) the attorney representing the child, including the Division of Public
Defender Services, in any proceeding in which such records are
relevant, (II) the parents or guardian of the child, until such time as the
subject of the record reaches the age of majority, (III) the subject of the
record, upon submission of satisfactory proof of the subject's identity,
pursuant to guidelines prescribed by the Office of the Chief Court Substitute House Bill No. 5417
Public Act No. 22-115 12 of 23
Administrator, provided the subject has reached the age of majority,
(IV) law enforcement officials and prosecutorial officials conducting
legitimate criminal investigations, as provided in subsection (o) of this
section or orders to detain pursuant to section 46b-133, as amended by
this act, (V) a state or federal agency providing services related to the
collection of moneys due or funding to support the service needs of
eligible juveniles, provided such disclosure shall be limited to that
information necessary for the collection of and application for such
moneys, (VI) members and employees of the Board of Pardons and
Paroles and employees of the Department of Correction who, in the
performance of their duties, require access to such records, provided the
subject of the record has been convicted of a crime in the regular
criminal docket of the Superior Court and such records are relevant to
the performance of a risk and needs assessment of such person while
such person is incarcerated, the determination of such person's
suitability for release from incarceration or for a pardon, or the
determination of the supervision and treatment needs of such person
while on parole or other supervised release, and (VII) members and
employees of the Judicial Review Council who, in the performance of
their duties related to said council, require access to such records.
Records disclosed pursuant to this subsection shall not be further
disclosed, except that information contained in such records may be
disclosed in connection with bail or sentencing reports in open court
during criminal proceedings involving the subject of such information,
or as otherwise provided by law.
Sec. 6. (NEW) (Effective October 1, 2022) (a) The Chief State's Attorney
shall develop, implement and update, as necessary, a training program
on a uniform process for applying for and seeking the issuance of a
detention order pursuant to section 46b-133 of the general statutes, as
amended by this act. The Chief State's Attorney shall administer such
program and any updated program to those persons required to
complete such program pursuant to subsection (b) of this section in a Substitute House Bill No. 5417
Public Act No. 22-115 13 of 23
manner and frequency determined by said administrator.
(b) Each prosecutorial official and peace officer, as defined in section
53a-3 of the general statutes, except any judicial marshal or adult
probation officer, shall complete the training program pursuant to
subsection (a) of this section and as directed by the Chief State's
Attorney.
Sec. 7. Section 46b-133p of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2022):
(a) Any law enforcement officer or prosecutorial official who sought
a court order to detain a child pursuant to subparagraph (C) of
subdivision [(3)] (1) of subsection (c) of section 46b-133, as amended by
this act, shall attach, along with the summons, a copy of the completed
form to detain that is prescribed by Office of the Chief Court
Administrator. On and after October 1, 2022, such form shall instruct
any judge who declines to detain such child to articulate in writing,
upon such form, the reasons for such declination.
(b) The Judicial Branch, the Division of Criminal Justice, the Division
of State Police within the Department of Emergency Services and Public
Protection and each municipal police department shall compile data
concerning requests by a law enforcement officer to detain a child
pursuant to subdivision (3) of subsection (c) of section 46b-133, as
amended by this act. The Judicial Branch, the Division of Criminal
Justice, the Division of State Police within the Department of Emergency
Services and Public Protection and each municipal police department
shall sort such data by judicial district and categorize such data based
on (1) how many such requests were made, and (2) how many such
requests were denied. Not later than January 15, 2023, and annually
thereafter, the Judicial Branch shall, in accordance with the provisions
of section 11-4a, report such data from the previous calendar year to the Substitute House Bill No. 5417
Public Act No. 22-115 14 of 23
joint standing committee of the General Assembly having cognizance of
matters relating to the judiciary.
Sec. 8. Section 53a-122 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) A person is guilty of larceny in the first degree when [he] such
person commits larceny, as defined in section 53a-119, and: (1) The
property or service, regardless of its nature and value, is obtained by
extortion, (2) the value of the property or service exceeds twenty
thousand dollars, [(3) the property consists of a motor vehicle, the value
of which exceeds twenty thousand dollars, or (4)] or (3) the property is
obtained by defrauding a public community, and the value of such
property exceeds two thousand dollars.
[(b) For purposes of this section, "motor vehicle" means any motor
vehicle, construction equipment, agricultural tractor or farm implement
or major component part of any of the above. In any prosecution under
subdivision (3) of subsection (a) of this section, evidence of (1) forcible
entry, (2) forcible removal of ignition, or (3) alteration, mutilation or
removal of a vehicle identification number shall be prima facie evidence
(A) that the person in control or possession of such motor vehicle knows
or should have known that such motor vehicle is stolen, and (B) that
such person possesses such motor vehicle with larcenous intent.]
[(c)] (b) Larceny in the first degree is a class B felony.
Sec. 9. Section 53a-123 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) A person is guilty of larceny in the second degree when [he] such
person commits larceny, as defined in section 53a-119, and: (1) The
[property consists of a motor vehicle, the value of which exceeds ten
thousand dollars, (2) the] value of the property or service exceeds ten
thousand dollars, [(3)] (2) the property, regardless of its nature or value, Substitute House Bill No. 5417
Public Act No. 22-115 15 of 23
is taken from the person of another, [(4)] (3) the property is obtained by
defrauding a public community, and the value of such property is two
thousand dollars or less, [(5)] (4) the property, regardless of its nature or
value, is obtained by embezzlement, false pretenses or false promise and
the victim of such larceny is sixty years of age or older, or is a conserved
person, as defined in section 45a-644, or is blind or physically disabled,
as defined in section 1-1f, or [(6)] (5) the property, regardless of its value,
consists of wire, cable or other equipment used in the provision of
telecommunications service and the taking of such property causes an
interruption in the provision of emergency telecommunications service.
[(b) For purposes of this section, "motor vehicle" means any motor
vehicle, construction equipment, agricultural tractor or farm implement
or major component part of any of the above. In any prosecution under
subdivision (1) of subsection (a) of this section, evidence of (1) forcible
entry, (2) forcible removal of ignition, or (3) alteration, mutilation or
removal of a vehicle identification number shall be prima facie evidence
(A) that the person in control or possession of such motor vehicle knows
or should have known that such motor vehicle is stolen, and (B) that
such person possesses such motor vehicle with larcenous intent.]
[(c)] (b) Larceny in the second degree is a class C felony.
Sec. 10. Section 53a-124 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) A person is guilty of larceny in the third degree when [he] such
person commits larceny, as defined in section 53a-119, and: (1) The
[property consists of a motor vehicle, the value of which is ten thousand
dollars or less; (2) the] value of the property or service exceeds two
thousand dollars; [(3)] (2) the property consists of a public record,
writing or instrument kept, held or deposited according to law with or
in the keeping of any public office or public servant; or [(4)] (3) the
property consists of a sample, culture, microorganism, specimen, Substitute House Bill No. 5417
Public Act No. 22-115 16 of 23
record, recording, document, drawing or any other article, material,
device or substance which constitutes, represents, evidences, reflects or
records a secret scientific or technical process, invention or formula or
any phase or part thereof. A process, invention or formula is "secret"
when it is not, and is not intended to be, available to anyone other than
the owner thereof or selected persons having access thereto for limited
purposes with his consent, and when it accords or may accord the owner
an advantage over competitors or other persons who do not have
knowledge or the benefit thereof.
[(b) For purposes of this section, "motor vehicle" means any motor
vehicle, construction equipment, agricultural tractor or farm implement
or major component part of any of the above. In any prosecution under
subdivision (1) of subsection (a) of this section, evidence of (1) forcible
entry, (2) forcible removal of ignition, or (3) alteration, mutilation or
removal of a vehicle identification number shall be prima facie evidence
(A) that the person in control or possession of such motor vehicle knows
or should have known that such motor vehicle is stolen, and (B) that
such person possesses such motor vehicle with larcenous intent.]
[(c)] (b) Larceny in the third degree is a class D felony.
Sec. 11. (Effective from passage) (a) The Commissioner of Children and
Families and the executive director of the Court Support Services
Division of the Judicial Branch shall identify each juvenile delinquency
or justice service provided to children by the Department of Children
and Families at the time of the passage of public act 18-31. Said
commissioner and executive director shall determine how such services
were transferred from the department to the Court Support Services
Division and identify any services that were merged into other services,
eliminated or otherwise not transferred.
(b) Said commissioner and executive director shall report, not later
than December 31, 2022, in accordance with the provisions of section 11- Substitute House Bill No. 5417
Public Act No. 22-115 17 of 23
4a of the general statutes, their findings pursuant to the provisions of
subsection (a) of this section, to the joint standing committee of the
General Assembly having cognizance of matters relating to the
judiciary.
Sec. 12. (Effective from passage) (a) Not later than thirty days after the
effective date of this section, the executive director of the Court Support
Services Division of the Judicial Branch shall review the (1) staffing
levels of juvenile probation officers, (2) name, number and location of
juvenile pretrial and diversionary programs, the content of such
programs and their efficacy at reducing recidivism, and (3) availability
and efficiency of juvenile job training programs and juvenile drug
treatment programs.
(b) Not later than December 31, 2022, the executive director of the
Court Support Services Division of the Judicial Branch shall report, in
accordance with the provisions of section 11-4a of the general statutes,
on the review conducted pursuant to subsection (a) of this section and
any resulting recommendations for legislation to the joint standing
committee of the General Assembly having cognizance of matters
relating to the judiciary.
Sec. 13. (NEW) (Effective October 1, 2022) (a) A person is guilty of
larceny of a motor vehicle when such person commits larceny, as
defined in section 53a-119 of the general statutes, and the property
consists of a motor vehicle.
(b) For purposes of this section, "motor vehicle" means any motor
vehicle, construction equipment, agricultural tractor or farm implement
or major component part of any of the above. In any prosecution under
subsection (a) of this section, evidence of (1) forcible entry, (2) forcible
removal of ignition, or (3) alteration, mutilation or removal of a vehicle
identification number shall be prima facie evidence that (A) the person
in control or possession of such motor vehicle knows or should have Substitute House Bill No. 5417
Public Act No. 22-115 18 of 23
known that such motor vehicle is stolen, and (B) such person possesses
such motor vehicle with larcenous intent.
(c) Larceny of a motor vehicle is (1) a class E felony for a first offense,
(2) a class D felony for a second offense, and (3) a class B felony for any
subsequent offense.
Sec. 14. Subsection (a) of section 46b-133j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) For purposes of this section: (1) "Delinquency offense involving a
motor vehicle" means any offense under (A) subdivision (1) of
subsection (a) of section 53a-119b, (B) section 53a-126a, (C) section 53a-
126b, when the property consists of a motor vehicle, or (D) [subdivision
(3) of subsection (a) of section 53a-122, (E) subdivision (1) of subsection
(a) of section 53a-123, or (F) subdivision (1) of subsection (a) of section
53a-124] section 13 of this act; and (2) "child" means child, as defined in
section 46b-120, as amended by this act.
Sec. 15. Subsection (c) of section 54-56e of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(c) This section shall not be applicable: (1) To any person charged
with (A) a class A felony, (B) a class B felony, except a violation of
subdivision (1) [,] or (2) [or (3)] of subsection (a) of section 53a-122, as
amended by this act, that does not involve the use, attempted use or
threatened use of physical force against another person, or a violation
of subdivision [(4)] (3) of subsection (a) of section 53a-122, as amended
by this act, that does not involve the use, attempted use or threatened
use of physical force against another person and does not involve a
violation by a person who is a public official, as defined in section 1-110,
or a state or municipal employee, as defined in section 1-110, or (C) a Substitute House Bill No. 5417
Public Act No. 22-115 19 of 23
violation of section 53a-70b of the general statutes, revision of 1958,
revised to January 1, 2019, or section 14-227a or 14-227m, subdivision (1)
or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection
(a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-71,
except as provided in subdivision (5) of this subsection, 53a-72a, 53a-
72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a
crime or motor vehicle violation who, as a result of the commission of
such crime or motor vehicle violation, causes the death of another
person, (3) to any person accused of a family violence crime as defined
in section 46b-38a who (A) is eligible for the pretrial family violence
education program established under section 46b-38c, or (B) has
previously had the pretrial family violence education program invoked
in such person's behalf, (4) to any person charged with a violation of
section 21a-267, 21a-279 or 21a-279a, who (A) is eligible for the pretrial
drug education and community service program established under
section 54-56i or the pretrial drug intervention and community service
program established under section 54-56q, or (B) has previously had (i)
the pretrial drug education program, (ii) the pretrial drug education and
community service program established under the provisions of section
54-56i, or (iii) the pretrial drug intervention and community service
program established under section 54-56q, invoked on such person's
behalf, (5) unless good cause is shown, to (A) any person charged with
a class C felony, or (B) any person charged with committing a violation
of subdivision (1) of subsection (a) of section 53a-71 while such person
was less than four years older than the other person, (6) to any person
charged with a violation of section 9-359 or 9-359a, (7) to any person
charged with a motor vehicle violation (A) while operating a
commercial motor vehicle, as defined in section 14-1, or (B) who holds a
commercial driver's license or commercial driver's instruction permit at
the time of the violation, (8) to any person charged with a violation of
subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care
provider or vendor participating in the state's Medicaid program
charged with a violation of section 53a-122, as amended by this act, or Substitute House Bill No. 5417
Public Act No. 22-115 20 of 23
subdivision [(4)] (3) of subsection (a) of section 53a-123, as amended by
this act.
Sec. 16. Subsection (j) of section 14-112 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(j) To entitle any person to receive or retain a motor vehicle operator's
license or a certificate of registration of any motor vehicle when, in the
opinion of the commissioner, such person has committed larceny of a
motor vehicle, the value of which exceeds ten thousand dollars, or
violated any of the provisions of the following-named sections and
subsections: Section 14-44, section 14-80h or 14-80i, sections 14-110, 14-
147, 14-217, 14-219, sections 14-228, 14-275 to 14-281, inclusive, or
[subdivision (1) of subsection (a) of section 53a-123 or] any similar
provision of the laws of any other state or any territory, or who has been
convicted of, or has forfeited any bond taken for appearance for, or has
received a suspended judgment or sentence for, a violation of any of
said provisions, or a violation of any of the provisions of sections 14-230
to 14-247, inclusive, and 38a-371, within a twelve-month period
following a violation of any of said sections, the commissioner may
require from such person proof of financial responsibility to satisfy any
claim for damages by reason of personal injury to, or the death of, any
one person, of twenty-five thousand dollars, or by reason of personal
injury to, or the death of, more than one person on account of any
accident, of at least fifty thousand dollars, and for damage to property
of at least twenty-five thousand dollars. When the commissioner
requires proof of financial responsibility from an operator or owner of
any motor vehicle, he may require proof in the amounts herein specified
for each vehicle operated or owned by such person. If any person fails
to furnish such proof, the commissioner shall, until such proof is
furnished, suspend or revoke the license of such person to operate a
motor vehicle or refuse to return any license which has been suspended Substitute House Bill No. 5417
Public Act No. 22-115 21 of 23
or revoked in accordance with the provisions of section 14-111 or
suspend or revoke the registration of any such motor vehicle or vehicles
or refuse thereafter to register any motor vehicle owned by such person
or refuse to register any motor vehicle transferred by such person if it
does not appear to the commissioner's satisfaction that such transfer is
a bona fide sale, or, if such person is not a resident of this state, withdraw
from such person the privilege of operating any motor vehicle in this
state and the privilege of operation within this state of any motor vehicle
owned by such person. Prior to such suspension, revocation or
withdrawal, notice thereof shall be given by the commissioner by a
notice forwarded by bulk certified mail to the address of such person as
shown by the records of the commissioner. No appeal taken from the
judgment of any court shall act as a stay to any action of the
commissioner authorized by the provisions of this section.
Sec. 17. Subdivision (8) of section 46b-120 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(8) "Serious juvenile offense" means (A) the violation of, including
attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, as
amended by this act, 29-34, 29-35, subdivision (2) or (3) of subsection (a)
of section 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive,
53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-
64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a,
inclusive, 53a-95, 53a-100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to
53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, as
amended by this act, subdivision [(3)] (2) of subsection (a) of section 53a-
123, as amended by this act, section 53a-134, 53a-135, 53a-136a or 53a-
167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-
212, 53a-216 or 53a-217b, or (B) absconding, escaping or running away,
without just cause, from any secure residential facility in which the child
has been placed by the court as a delinquent child; Substitute House Bill No. 5417
Public Act No. 22-115 22 of 23
Sec. 18. Subsection (k) of section 46b-133 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(k) For purposes of subsections (c) and (e) of this section, a child may
be determined to pose a risk to public safety if such child has previously
been adjudicated as delinquent for or convicted of or pled guilty or nolo
contendere to two or more felony offenses, has had two or more prior
dispositions of probation and is charged with commission of a larceny
under [subdivision (3) of subsection (a) of section 53a-122 or subdivision
(1) of subsection (a) of section 53a-123 or subdivision (1) of subsection
(a) of section 53a-124] section 13 of this act.
Sec. 19. Section 46b-124 of the 2022 supplement to the general statutes
is amended by adding subsection (o) as follows (Effective June 1, 2023):
(NEW) (o) A law enforcement official conducting a legitimate
criminal investigation may have direct electronic access to the following
information concerning a child who is subject to such investigation: (1)
Pending juvenile delinquency charges; and (2) any suspended detention
orders or prior juvenile adjudications during the ninety days prior to the
initiation of such investigation.
Sec. 20. (Effective from passage) Not later than March 1, 2023, the
executive director of the Court Support Services Division of the Judicial
Branch shall report on the progress being made toward the
implementation of the provisions of section 46b-124 of the general
statutes, as amended by this act, to the joint standing committee of the
General Assembly having cognizance of matters relating to the judiciary
in accordance with the provisions of section 11-4a of the general statutes.
Sec. 21. Subsection (a) of section 46b-133p of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage): Substitute House Bill No. 5417
Public Act No. 22-115 23 of 23
(a) Any law enforcement officer who sought a court order to detain a
child pursuant to subdivision (3) of subsection (c) of section 46b-133, as
amended by this act, shall attach, along with the summons, a copy of the
completed form to detain that is prescribed by Office of the Chief Court
Administrator. On and after October 1, 2022, such form shall instruct
any judge who declines to detain such child to articulate in writing,
upon such form, the reasons for such declination.