Connecticut 2022 Regular Session

Connecticut Senate Bill SB00266 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	~~LCO 2027 \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-R01-~~
4		-	~~SB.docx~~
5		-	1 of 14
	3	+
	4	+
	5	+	LCO No. 2027 1 of 14
6	6
7	7		General Assembly Raised Bill No. 266
8	8		February Session, 2022
9	9		LCO No. 2027
10	10
11	11
12	12		Referred to Committee on AGING
13	13
14	14
15	15		Introduced by:
16	16		(AGE)
	17	+
17	18
18	19
19	20
20	21		AN ACT CONCERNING A REGISTRY OF PERSONS CONVICTED OF
21	22		FINANCIAL CRIMES AGAINST ELDERLY PERSONS.
22	23		Be it enacted by the Senate and House of Representatives in General
23	24		Assembly convened:
24	25
25	26		Section 1. (NEW) (Effective from passage) For purposes of this section 1
26	27		and sections 2 to 4, inclusive, of this act, (1) "convicted" and "found not 2
27	28		guilty by reason of mental disease or defect" have the same meanings as 3
28	29		provided in section 54-280 of the general statutes, (2) "elderly person" 4
29	30		means a person sixty years of age or older, (3) "financial crime against 5
30	31		an elderly person" means a crime involving an elderly person as a victim 6
31	32		prosecuted under subdivision (5) of subsection (a) of section 53a-123 or 7
32	33		section 53a-125c, 53a-125d, 53a-125e, 53a-129b or 53a-129c of the general 8
33	34		statutes, and (4) "registrant" means a person required to register 9
34	35		pursuant to sections 3 and 4 of this act. 10
35	36		Sec. 2. (NEW) (Effective from passage) (a) The Department of 11
36	37		Emergency Services and Public Protection shall, not later than January 12
37	38		1, 2023, establish and maintain a registry of all persons required to 13
38	39		register under sections 3 and 4 of this act. The department shall, in 14
39	40		cooperation with the Office of the Chief Court Administrator, the 15 Raised Bill No. 266
40	41
41	42
42		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
43		-	R01-SB.docx }
44		-	2 of 14
	43	+
	44	+	LCO No. 2027 2 of 14
45	45
46	46		Department of Correction and the Psychiatric Security Review Board, 16
47	47		develop appropriate forms for use by persons to report registration 17
48	48		information, including changes of address. Upon receipt of registration 18
49	49		information, the department shall enter the information into the registry 19
50	50		and notify the local police department or state police troop having 20
51	51		jurisdiction where the registrant resides or plans to reside. 21
52	52		(b) Upon receiving notification pursuant to section 3 of this act that a 22
53	53		registrant has changed his or her address within the state, the 23
54	54		Department of Emergency Services and Public Protection shall enter the 24
55	55		information into the registry and notify the local police departments or 25
56	56		state police troops having jurisdiction where the registrant previously 26
57	57		resided and the jurisdiction to which the registrant has relocated. The 27
58	58		Commissioner of Emergency Services and Public Protection shall ensure 28
59	59		that the name and residential address of each registrant is available 29
60	60		through the Connecticut On-Line Law Enforcement Communications 30
61	61		Teleprocessing system. If a registrant reports a residence in another 31
62	62		state, the department may notify the state police agency of that state or 32
63	63		such other agency in that state that maintains registry information, if 33
64	64		known. 34
65	65		(c) The Department of Emergency Services and Public Protection may 35
66	66		suspend the registration of any person registered under sections 3 and 36
67	67		4 of this act while such person is incarcerated, under civil commitment 37
68	68		or residing outside this state. During the period that such registration is 38
69	69		under suspension, the department may withdraw the registration 39
70	70		information. Upon the release of the registrant from incarceration or 40
71	71		civil commitment or resumption of residency in this state by the 41
72	72		registrant, the department shall reinstate the registration and 42
73	73		redistribute the registration information in accordance with subsection 43
74	74		(b) of this section. Suspension of registration shall not affect the date of 44
75	75		expiration of the registration obligation of the registrant under section 3 45
76	76		of this act. 46
77	77		(d) Whenever the Commissioner of Emergency Services and Public 47
78	78		Protection receives notice from a superior court pursuant to section 52-48 Raised Bill No. 266
79	79
80	80
81		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
82		-	R01-SB.docx }
83		-	3 of 14
	81	+
	82	+	LCO No. 2027 3 of 14
84	83
85	84		11 of the general statutes, as amended by this act, or a Probate Court 49
86	85		pursuant to section 45a-99 of the general statutes, as amended by this 50
87	86		act, that such court has ordered the change of name of a person, and the 51
88	87		department determines that such person is listed in the registry, the 52
89	88		department shall revise such person's registration information 53
90	89		accordingly. 54
91	90		(e) The Commissioner of Emergency Services and Public Protection 55
92	91		shall develop a protocol for the notification of other state agencies, the 56
93	92		Judicial Department and the applicable local police department or state 57
94	93		police troop whenever a person listed in the registry changes such 58
95	94		person's name and notifies the commissioner of the new name pursuant 59
96	95		to section 3 of this act or whenever the commissioner determines 60
97	96		pursuant to subsection (d) of this section that a person listed in the 61
98	97		registry has changed such person's name. 62
99	98		(f) The information in the registry shall be a public record or file for 63
100	99		the purposes of section 1-200 of the general statutes. 64
101	100		(g) Not later than two business days after entering the information of 65
102	101		a new offender in the registry, the Commissioner of Emergency Services 66
103	102		and Public Protection shall send the registry information to the 67
104	103		Commissioner of Public Health for inclusion in a searchable data base 68
105	104		established pursuant to section 19a-491c of the general statutes, as 69
106	105		amended by this act, for persons seeking to hire individuals for 70
107	106		positions assisting elderly persons. 71
108	107		Sec. 3. (NEW) (Effective from passage) (a) (1) Any person who has been 72
109	108		convicted or found not guilty by reason of mental disease or defect of a 73
110	109		financial crime against an elderly person and is released into the 74
111	110		community on or after January 1, 2023, shall, within fourteen calendar 75
112	111		days following such release or, if such person is in the custody of the 76
113	112		Commissioner of Correction, at such time prior to release as the 77
114	113		Commissioner of Correction shall direct, whether or not such person's 78
115	114		place of residence is in this state, register in accordance with section 4 of 79
116	115		this section. A registrant shall maintain such registration for five years 80 Raised Bill No. 266
117	116
118	117
119		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
120		-	R01-SB.docx }
121		-	4 of 14
	118	+
	119	+	LCO No. 2027 4 of 14
122	120
123	121		from the initial date of registration. 81
124	122		(2) Prior to accepting a plea of guilty or nolo contendere from a 82
125	123		person with respect to a financial crime against an elderly person, a 83
126	124		court shall (A) inform the person that the entry of a finding of guilty 84
127	125		after acceptance of the plea will subject the person to the registration 85
128	126		requirements of this section, and (B) determine that the person fully 86
129	127		understands the consequences of the plea. 87
130	128		(3) If any person who is subject to registration under this section 88
131	129		changes such person's name, such person shall notify the Commissioner 89
132	130		of Emergency Services and Public Protection in writing of the new 90
133	131		name. If any person who is subject to registration under this section 91
134	132		changes such person's address, such person shall notify the 92
135	133		Commissioner of Emergency Services and Public Protection in writing 93
136	134		of the new address. During such period of registration, each registrant 94
137	135		shall complete and return any forms mailed to such registrant to verify 95
138	136		such registrant's residential address and shall submit to the retaking of 96
139	137		a photographic image upon request of the Commissioner of Emergency 97
140	138		Services and Public Protection. 98
141	139		(b) Any person required to register under this section shall, not later 99
142	140		than twenty calendar days after each anniversary date of such initial 100
143	141		registration, until the date such registration requirement expires under 101
144	142		subdivision (1) of subsection (a) of this section, personally appear at the 102
145	143		local police department or state police troop having jurisdiction where 103
146	144		the registrant resides to verify and update, as appropriate, the contents 104
147	145		of his or her registration. The local police department or state police 105
148	146		troop, as the case may be, may defer such requirement to personally 106
149	147		appear to a later date for good cause shown. Not later than thirty 107
150	148		calendar days prior to such anniversary date, the Department of 108
151	149		Emergency Services and Public Protection shall mail written notice of 109
152	150		the personal appearance requirement of this subsection to the registrant 110
153	151		and the local police department or state police troop having jurisdiction 111
154	152		where the registrant resides. Not later than thirty calendar days after the 112
155	153		anniversary date of each registrant, the local police department or state 113 Raised Bill No. 266
156	154
157	155
158		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
159		-	R01-SB.docx }
160		-	5 of 14
	156	+
	157	+	LCO No. 2027 5 of 14
161	158
162	159		police troop having jurisdiction where the registrant resides shall notify 114
163	160		the Commissioner of Emergency Services and Public Protection, on such 115
164	161		form as the commissioner may prescribe, (1) whether the registrant 116
165	162		complied with the personal appearance requirement of this subsection 117
166	163		or whether such personal appearance requirement was deferred to a 118
167	164		later date for good cause shown, and (2) if the personal appearance 119
168	165		requirement was deferred to a later date for good cause shown, the later 120
169	166		date established for such personal appearance and a description of the 121
170	167		good cause shown. 122
171	168		(c) Any person subject to registration under this section who violates 123
172	169		any provisions of subsection (a) or (b) of this section, except a violation 124
173	170		consisting of failure to notify the Commissioner of Emergency Services 125
174	171		and Public Protection of a change of name or address, shall be guilty of 126
175	172		a class D felony. Any person who is subject to registration under this 127
176	173		section who fails to notify the Commissioner of Emergency Services and 128
177	174		Public Protection of a change of name or address not later than five 129
178	175		business days after such change of name or address shall be guilty of a 130
179	176		class D felony. 131
180	177		Sec. 4. (NEW) (Effective from passage) (a) The registration information 132
181	178		for each registrant required to register under section 3 of this act shall 133
182	179		include: 134
183	180		(1) The registrant's name, including any other name by which the 135
184	181		offender has been legally known, and any aliases used by the registrant; 136
185	182		(2) Identifying information, including, but not limited to, a physical 137
186	183		description of the registrant; 138
187	184		(3) The current residential address and electronic mail address of the 139
188	185		registrant; 140
189	186		(4) The date of conviction of the offense; 141
190		-	(5) A description of the offense; and 142 Raised Bill No. 266
	187	+	(5) A description of the offense; and 142
	188	+	(6) If the registrant was sentenced to a term of incarceration for such 143 Raised Bill No. 266
191	189
192	190
193		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
194		-	R01-SB.docx }
195		-	6 of 14
196	191
197		-	(6) If the registrant was sentenced to a term of incarceration for such 143
	192	+	LCO No. 2027 6 of 14
	193	+
198	194		offense, a portion of which was not suspended, the date the registrant 144
199	195		was released from such incarceration. 145
200	196		(b) The registrant shall sign and date the registration. 146
201	197		(c) At the time that the registrant appears for the purpose of 147
202	198		registering, the Department of Emergency Services and Public 148
203	199		Protection shall photograph the registrant and arrange for the 149
204	200		fingerprinting of the registrant and include such photograph and a 150
205	201		complete set of fingerprints in the registry. 151
206	202		(d) The Department of Emergency Services and Public Protection 152
207	203		may require the registrant to provide documentation to verify the 153
208	204		contents of the registration. 154
209	205		Sec. 5. Section 19a-491c of the 2022 supplement to the general statutes 155
210	206		is repealed and the following is substituted in lieu thereof (Effective from 156
211	207		passage): 157
212	208		(a) As used in this section: 158
213	209		(1) "Criminal history and patient abuse background search" or 159
214	210		"background search" means (A) a review of the registry of nurse's aides 160
215	211		maintained by the Department of Public Health pursuant to section 20-161
216	212		102bb, (B) checks of state and national criminal history records 162
217	213		conducted in accordance with section 29-17a, (C) on and after January 163
218	214		1, 2023, a review of the registry established under section 2 of this act, 164
219	215		and [(C)] (D) a review of any other registry specified by the Department 165
220	216		of Public Health which the department deems necessary for the 166
221	217		administration of a background search program. 167
222	218		(2) "Direct access" means physical access to a patient or resident of a 168
223	219		long-term care facility that affords an individual with the opportunity 169
224	220		to commit abuse or neglect against or misappropriate the property of a 170
225		-	patient or resident. 171 Raised Bill No. 266
	221	+	patient or resident. 171
	222	+	(3) "Disqualifying offense" means a conviction of (A) any crime 172
	223	+	described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated 173 Raised Bill No. 266
226	224
227	225
228		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
229		-	R01-SB.docx }
230		-	7 of 14
231	226
232		-	~~(3) "Disqualifying~~ ~~offense" means a conviction~~ of ~~(A) any crime 172~~
233		-	~~described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated 173~~
	227	+	LCO No. 2027 7 of 14
	228	+
234	229		finding of neglect, abuse or misappropriation of property by a state or 174
235	230		federal agency pursuant to an investigation conducted in accordance 175
236	231		with 42 USC 1395i-3(g)(1)(C) or 42 USC 1396r(g)(1)(C), or (C) a 176
237	232		conviction of a financial crime against an elderly person as defined in 177
238		-	section 1 of this act or any crime described in section 53a-59a, 53a-60b, 178
	233	+	section 1 in this act or any crime described in section 53a-59a, 53a-60b, 178
239	234		53a-60c, 53a-61a, 53a-321, 53a-322 or 53a-323. 179
240	235		(4) "Long-term care facility" means any facility, agency or provider 180
241	236		that is a nursing home, as defined in section 19a-521, a residential care 181
242	237		home, as defined in section 19a-521, a home health care agency, hospice 182
243	238		agency or home health aide agency, as defined in section 19a-490, an 183
244	239		assisted living services agency, as defined in section 19a-490, an 184
245	240		intermediate care facility for individuals with intellectual disabilities, as 185
246	241		defined in 42 USC 1396d(d), except any such facility operated by a 186
247	242		Department of Developmental Services' program subject to background 187
248	243		checks pursuant to section 17a-227a, a chronic disease hospital, as 188
249	244		defined in section 19a-550, or an agency providing hospice care which 189
250	245		is licensed to provide such care by the Department of Public Health or 190
251	246		certified to provide such care pursuant to 42 USC 1395x. 191
252	247		(b) The Department of Public Health shall create and implement a 192
253	248		criminal history and patient abuse background search program, within 193
254	249		available appropriations, in order to facilitate the performance, 194
255	250		processing and analysis of the criminal history and patient abuse 195
256	251		background search of individuals who have direct access. 196
257	252		(c) (1) Except as provided in subdivision (2) of this subsection, each 197
258	253		long-term care facility, prior to extending an offer of employment to, or 198
259	254		entering into a contract for, the provision of long-term care services with 199
260	255		any individual who will have direct access, or prior to allowing any 200
261	256		individual to begin volunteering at such long-term care facility when 201
262	257		the long-term care facility reasonably expects such volunteer will 202
263	258		regularly perform duties that are substantially similar to those of an 203
264		-	employee with direct access, shall require that such individual submit 204 Raised Bill No. 266
	259	+	employee with direct access, shall require that such individual submit 204
	260	+	to a background search. The Department of Public Health shall 205
	261	+	prescribe the manner by which (A) long-term care facilities perform the 206 Raised Bill No. 266
265	262
266	263
267		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
268		-	R01-SB.docx }
269		-	8 of 14
270	264
271		-	~~to a background search~~. ~~The Department~~ of ~~Public Health shall 205~~
272		-	~~prescribe the manner by which (A) long-term care facilities perform the 206~~
	265	+	LCO No. 2027 8 of 14
	266	+
273	267		review of (i) the registry of nurse's aides maintained by the department 207
274	268		pursuant to section 20-102bb, and (ii) any other registry specified by the 208
275	269		department, including requiring long-term care facilities to report the 209
276	270		results of such review to the department, and (B) individuals submit to 210
277	271		state and national criminal history records checks, including requiring 211
278	272		the Department of Emergency Services and Public Protection to report 212
279	273		the results of such checks to the Department of Public Health. 213
280	274		(2) No long-term care facility shall be required to comply with the 214
281	275		provisions of this subsection if (A) the individual provides evidence to 215
282	276		the long-term care facility that such individual submitted to a 216
283	277		background search conducted pursuant to subdivision (1) of this 217
284	278		subsection not more than three years immediately preceding the date 218
285	279		such individual applies for employment, seeks to enter into a contract 219
286	280		or begins volunteering with the long-term care facility and that the prior 220
287	281		background search confirmed that the individual did not have a 221
288	282		disqualifying offense, or (B) the commissioner determines the need to 222
289	283		temporarily suspend the requirements of this subsection in the event of 223
290	284		an emergency or significant disruption. The commissioner shall inform 224
291	285		the long-term care facility when the commissioner has suspended the 225
292	286		requirements of this subsection pursuant to subparagraph (B) of this 226
293	287		subdivision and when such suspension is rescinded. 227
294	288		(d) (1) The Department of Public Health shall review all reports 228
295	289		provided to the department pursuant to subsection (c) of this section. If 229
296	290		any such report contains evidence indicating that an individual has a 230
297	291		disqualifying offense, the department shall provide notice to the 231
298	292		individual and the long-term care facility indicating the disqualifying 232
299	293		offense and providing the individual with the opportunity to file a 233
300	294		request for a waiver pursuant to subdivisions (2) and (3) of this 234
301	295		subsection. 235
302	296		(2) An individual may file a written request for a waiver with the 236
303		-	department not later than thirty days after the date the department 237 Raised Bill No. 266
	297	+	department not later than thirty days after the date the department 237
	298	+	mails notice to the individual pursuant to subdivision (1) of this 238
	299	+	subsection. The department shall mail a written determination 239 Raised Bill No. 266
304	300
305	301
306		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
307		-	R01-SB.docx }
308		-	9 of 14
309	302
310		-	~~mails notice to the individual pursuant to subdivision (1)~~ of ~~this 238~~
311		-	~~subsection. The department shall mail a written determination 239~~
	303	+	LCO No. 2027 9 of 14
	304	+
312	305		indicating whether the department shall grant a waiver pursuant to 240
313	306		subdivision (3) of this subsection not later than fifteen business days 241
314	307		after the department receives the written request from the individual, 242
315	308		except that said time period shall not apply to any request for a waiver 243
316	309		in which an individual challenges the accuracy of the information 244
317	310		obtained from the background search. 245
318	311		(3) The department may grant a waiver from the provisions of 246
319	312		subsection (e) of this section to an individual who identifies mitigating 247
320	313		circumstances surrounding the disqualifying offense, including (A) 248
321	314		inaccuracy in the information obtained from the background search, (B) 249
322	315		lack of a relationship between the disqualifying offense and the position 250
323	316		for which the individual has applied, (C) evidence that the individual 251
324	317		has pursued or achieved rehabilitation with regard to the disqualifying 252
325	318		offense, or (D) that substantial time has elapsed since committing the 253
326	319		disqualifying offense. The department and its employees shall be 254
327	320		immune from liability, civil or criminal, that might otherwise be 255
328	321		incurred or imposed, for good faith conduct in granting waivers 256
329	322		pursuant to this subdivision. 257
330	323		(4) After completing a review pursuant to subdivision (1) of this 258
331	324		subsection, the department shall notify in writing the long-term care 259
332	325		facility to which the individual has applied for employment or with 260
333	326		which the individual seeks to enter into a contract or volunteer (A) of 261
334	327		any disqualifying offense and any information the individual provided 262
335	328		to the department regarding mitigating circumstances surrounding 263
336	329		such offense, or of the lack of a disqualifying offense, and (B) whether 264
337	330		the department granted a waiver pursuant to subdivision (3) of this 265
338	331		subsection. 266
339	332		(e) Notwithstanding the provisions of section 46a-80, no long-term 267
340	333		care facility shall employ an individual required to submit to a 268
341	334		background search, contract with any such individual to provide long-269
342		-	term care services or allow such individual to volunteer if the long-term 270 Raised Bill No. 266
	335	+	term care services or allow such individual to volunteer if the long-term 270
	336	+	care facility receives notice from the department that the individual has 271
	337	+	a disqualifying offense in the individual's background search and the 272 Raised Bill No. 266
343	338
344	339
345		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
346		-	R01-SB.docx }
347		-	10 of 14
348	340
349		-	~~care facility receives notice from the department that the individual has 271~~
350		-	~~a disqualifying offense in the individual's background search and the 272~~
	341	+	LCO No. 2027 10 of 14
	342	+
351	343		department has not granted a waiver pursuant to subdivision (3) of 273
352	344		subsection (d) of this section. A long-term care facility may, but is not 274
353	345		obligated to, employ, enter into a contract with or allow to volunteer an 275
354	346		individual who was granted a waiver pursuant to said subdivision (3). 276
355	347		(f) (1) Except as provided in subdivision (2) of this subsection, a long-277
356	348		term care facility shall not employ, enter into a contract with or allow to 278
357	349		volunteer any individual required to submit to a background search 279
358	350		until the long-term care facility receives notice from the Department of 280
359	351		Public Health pursuant to subdivision (4) of subsection (d) of this 281
360	352		section. 282
361	353		(2) A long-term care facility may employ, enter into a contract with 283
362	354		or allow to volunteer an individual required to submit to a background 284
363	355		search on a conditional basis before the long-term care facility receives 285
364	356		notice from the department that such individual does not have a 286
365	357		disqualifying offense, provided: (A) The employment or contractual or 287
366	358		volunteer period on a conditional basis shall last not more than sixty 288
367	359		days, except the sixty-day time period may be extended by the 289
368	360		department to allow for the filing and consideration of written request 290
369	361		for a waiver of a disqualifying offense filed by an individual pursuant 291
370	362		to subsection (d) of this section, (B) the long-term care facility has begun 292
371	363		the review required under subsection (c) of this section and the 293
372	364		individual has submitted to checks pursuant to subsection (c) of this 294
373	365		section, (C) the individual is subject to direct, on-site supervision during 295
374	366		the course of such conditional employment or contractual or volunteer 296
375	367		period, and (D) the individual, in a signed statement (i) affirms that the 297
376	368		individual has not committed a disqualifying offense, and (ii) 298
377	369		acknowledges that a disqualifying offense reported in the background 299
378	370		search required by subsection (c) of this section shall constitute good 300
379	371		cause for termination and a long-term care facility may terminate the 301
380	372		individual if a disqualifying offense is reported in said background 302
381		-	search. 303 Raised Bill No. 266
	373	+	search. 303
	374	+	(g) [Records] Except as provided in subsection (i) of this section, 304
	375	+	records and information with respect to any individual that are obtained 305 Raised Bill No. 266
382	376
383	377
384		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
385		-	R01-SB.docx }
386		-	11 of 14
387	378
388		-	~~(g) [Records] Except as provided in subsection (i)~~ of ~~this section, 304~~
389		-	~~records and information with respect to any individual that are obtained 305~~
	379	+	LCO No. 2027 11 of 14
	380	+
390	381		by the department pursuant to this section shall not be subject to 306
391	382		disclosure under section 1-210. 307
392	383		(h) On and after January 1, 2023, the Department of Public Health 308
393	384		shall include in the background search program the names, last- known 309
394	385		addresses and information on the offenses of persons who have 310
395	386		registered with the Commissioner of Emergency Services and Public 311
396	387		Protection pursuant to sections 3 and 4 of this act. 312
397	388		(i) On and after February 1, 2023, the Department of Public Health 313
398	389		shall include on the department's Internet web site a link to the 314
399	390		background search program that allows the public to search the 315
400	391		program by name of a person. The listing will show such person's last-316
401	392		known address, convictions or other disciplinary actions taken and a 317
402	393		general description of offenses committed by the person. 318
403	394		[(h)] (j) The department shall adopt regulations, in accordance with 319
404	395		the provisions of chapter 54, to implement the provisions of this section. 320
405	396		The department may implement policies and procedures consistent 321
406	397		with the provisions of this section while in the process of adopting such 322
407	398		policies and procedures as regulation, provided notice of intention to 323
408	399		adopt regulations is [printed in the Connecticut Law Journal] posted on 324
409	400		the eRegulations System not later than twenty days after the date of 325
410	401		implementation. Such policies and procedures shall be valid until the 326
411	402		time final regulations are effective. 327
412	403		Sec. 6. Section 45a-99 of the general statutes is repealed and the 328
413	404		following is substituted in lieu thereof (Effective from passage): 329
414	405		(a) The courts of probate shall have concurrent jurisdiction with the 330
415	406		Superior Court, as provided in section 52-11, as amended by this act, to 331
416	407		grant a change of name, except a change of name granted in accordance 332
417	408		with subsection (a) of section 46b-63, except that no court of probate may 333
418		-	issue an order or otherwise allow for the change of name of a person 334 Raised Bill No. 266
	409	+	issue an order or otherwise allow for the change of name of a person 334
	410	+	who is required to register with the Commissioner of Emergency 335
	411	+	Services and Public Protection as a sexual offender, [or] as an offender 336
	412	+	convicted of committing a crime with a deadly weapon or as an offender 337 Raised Bill No. 266
419	413
420	414
421		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
422		-	R01-SB.docx }
423		-	12 of 14
424	415
425		-	who is required to register with the Commissioner of Emergency 335
426		-	Services and Public Protection as a sexual offender, [or] as an offender 336
427		-	convicted of committing a crime with a deadly weapon or as an offender 337
	416	+	LCO No. 2027 12 of 14
	417	+
428	418		convicted of committing a financial crime against an elderly person as 338
429	419		defined in section 1 of this act unless such person complies with the 339
430	420		requirements of subdivision (1) of subsection (b) of this section. 340
431	421		(b) (1) Any person who is required to register with the Commissioner 341
432	422		of Emergency Services and Public Protection as a sexual offender, [or] 342
433	423		as an offender convicted of committing a crime with a deadly weapon 343
434	424		or as an offender convicted of committing a financial crime against an 344
435	425		elderly person who files an application with the Court of Probate for a 345
436	426		change of name shall (A) prior to filing such application, notify the 346
437	427		Commissioner of Emergency Services and Public Protection, on such 347
438	428		form as the commissioner may prescribe, that the person intends to file 348
439	429		an application for a change of name, indicating the change of name 349
440	430		sought, and (B) include with such application a sworn statement that 350
441	431		such change of name is not being sought for the purpose of avoiding the 351
442	432		legal consequences of a criminal conviction, including, but not limited 352
443	433		to, a criminal conviction that requires such person to register as a sexual 353
444	434		offender, [or] as an offender convicted of committing a crime with a 354
445	435		deadly weapon or as an offender convicted of committing a financial 355
446	436		crime against an elderly person. 356
447	437		(2) The Commissioner of Emergency Services and Public Protection 357
448	438		shall have standing to challenge such person's application for a change 358
449	439		of name in the court of probate where such change of name is sought. 359
450	440		The commissioner shall challenge the change of name through the 360
451	441		Attorney General. The court of probate may deny such person's 361
452	442		application for a change of name if the court finds, by a preponderance 362
453	443		of the evidence, that the person is applying for such change of name for 363
454	444		the purpose of avoiding the legal consequences of a criminal conviction. 364
455	445		(c) Whenever the court, pursuant to this section, orders a change of 365
456	446		name of a person, the court shall notify the Commissioner of Emergency 366
457		-	Services and Public Protection of the issuance of such order if the court 367 Raised Bill No. 266
	447	+	Services and Public Protection of the issuance of such order if the court 367
	448	+	finds that such person is listed in the registry established and 368
	449	+	maintained pursuant to section 54-257, [or] in the registry established 369
	450	+	and maintained pursuant to section 54-280 or, on and after January 1, 370 Raised Bill No. 266
458	451
459	452
460		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
461		-	R01-SB.docx }
462		-	13 of 14
463	453
464		-	finds that such person is listed in the registry established and 368
465		-	maintained pursuant to section 54-257, [or] in the registry established 369
466		-	and maintained pursuant to section 54-280 or, on and after January 1, 370
	454	+	LCO No. 2027 13 of 14
	455	+
467	456		2023, in the registry established and maintained pursuant to section 2 of 371
468	457		this act. 372
469	458		Sec. 7. Section 52-11 of the general statutes is repealed and the 373
470	459		following is substituted in lieu thereof (Effective from passage): 374
471	460		(a) The superior court in each judicial district shall have jurisdiction 375
472	461		of complaints praying for a change of name, brought by any person 376
473	462		residing in the judicial district, and may change the name of the 377
474	463		complainant, who shall thereafter be known by the name prescribed by 378
475	464		said court in its decree, except that no superior court may issue an order 379
476	465		or otherwise allow for the change of name of a person who is required 380
477	466		to register with the Commissioner of Emergency Services and Public 381
478	467		Protection as a sexual offender, [or] as an offender convicted of 382
479	468		committing a crime with a deadly weapon or as an offender convicted 383
480	469		of committing a financial crime against an elderly person as defined in 384
481	470		section 1 of this act unless such person complies with the requirements 385
482	471		of subdivision (1) of subsection (b) of this section. 386
483	472		(b) (1) Any person who is required to register with the Commissioner 387
484	473		of Emergency Services and Public Protection as a sexual offender, [or] 388
485	474		as an offender convicted of committing a crime with a deadly weapon 389
486	475		or as an offender convicted of committing a financial crime against an 390
487	476		elderly person who files an application with the [Superior Court] 391
488	477		superior court for a change of name shall (A) prior to filing such 392
489	478		application, notify the Commissioner of Emergency Services and Public 393
490	479		Protection, on such form as the commissioner may prescribe, that the 394
491	480		person intends to file an application for a change of name, indicating the 395
492	481		change of name sought, and (B) include with such application a sworn 396
493	482		statement that such change of name is not being sought for the purpose 397
494	483		of avoiding the legal consequences of a criminal conviction, including, 398
495	484		but not limited to, a criminal conviction that requires such person to 399
496		-	register as a sexual offender, [or] as an offender convicted of committing 400 Raised Bill No. 266
	485	+	register as a sexual offender, [or] as an offender convicted of committing 400
	486	+	a crime with a deadly weapon or as an offender convicted of committing 401
	487	+	a financial crime against an elderly person. 402 Raised Bill No. 266
497	488
498	489
499		-	LCO 2027 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00266-
500		-	R01-SB.docx }
501		-	14 of 14
502	490
503		-	~~a crime with a deadly weapon or as an offender convicted~~ of ~~committing 401~~
504		-	~~a financial crime against an elderly person. 402~~
	491	+	LCO No. 2027 14 of 14
	492	+
505	493		(2) The Commissioner of Emergency Services and Public Protection 403
506	494		shall have standing to challenge such person's application for a change 404
507	495		of name in the superior court where such change of name is sought. The 405
508	496		commissioner shall challenge the change of name through the Attorney 406
509	497		General. The superior court may deny such person's application for a 407
510	498		change of name if the court finds, by a preponderance of the evidence, 408
511	499		that the person is applying for such change of name for the purpose of 409
512	500		avoiding the legal consequences of a criminal conviction. 410
513	501		(c) Whenever the court, pursuant to this section, orders a change of 411
514	502		name of a person, the clerk of the court shall notify the Commissioner 412
515	503		of Emergency Services and Public Protection of the issuance of such 413
516	504		order if the clerk finds that such person is listed in the registry 414
517	505		established and maintained pursuant to section 54-257, [or] in the 415
518	506		registry established and maintained pursuant to section 54-280 or, on 416
519	507		and after January 1, 2023, in the registry established and maintained 417
520	508		pursuant to section 2 of this act. 418
521	509		This act shall take effect as follows and shall amend the following
522	510		sections:
523	511
524	512		Section 1 from passage New section
525	513		Sec. 2 from passage New section
526	514		Sec. 3 from passage New section
527	515		Sec. 4 from passage New section
528	516		Sec. 5 from passage 19a-491c
529	517		Sec. 6 from passage 45a-99
530	518		Sec. 7 from passage 52-11
531	519
532		-	AGE Joint Favorable C/R JUD
	520	+	Statement of Purpose:
	521	+	To establish a registry of persons convicted of financial crimes against
	522	+	elderly persons.
	523	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	524	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	525	+	underlined.]
533	526