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General Assembly Raised Bill No. 440
February Session, 2022
LCO No. 3298
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE REVISOR'S TECHNICAL CORRECTIONS
TO THE GENERAL STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (e) of section 3-129f of the 2022 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2022): 3
(e) Nothing in this section shall permit the Attorney General to assert 4
any claim against a state agency or a state officer or state employee in 5
such officer's or employee's official capacity, regarding actions or 6
omissions of such state agency, state officer or state employee. If the 7
Attorney General determines that a state officer or state employee is not 8
entitled to indemnification under section 5-141d, the Attorney General 9
may, as it relates to such officer or employee, take any action authorized 10
under this section. 11
Sec. 2. Subdivision (1) of subsection (a) of section 4-142a of the 2022 12
supplement to the general statutes is repealed and the following is 13
substituted in lieu thereof (Effective October 1, 2022): 14 Raised Bill No. 440
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(a) (1) The Claims Commissioner shall be appointed by the Governor 15
with the advice and consent of the General Assembly to serve for a term 16
of four years from the first day in July in the year of his or her 17
appointment and until his or her successor has been appointed and has 18
qualified. The Claims Commissioner shall be an attorney-at-law and 19
shall have been admitted to practice before the courts of the state of 20
Connecticut for at least five years prior to his or her appointment. The 21
Claims Commissioner serving on June 28, 2021, may continue to serve 22
until the expiration of his or her term. On and after June 28, 2021, each 23
nomination for appointment as Claims Commissioner by the Governor 24
shall be referred, without debate, to the joint standing committee of the 25
General Assembly having cognizance of matters relating to the 26
judiciary, which shall report on each appointment not later than thirty 27
days after the date of reference. Each appointment by the General 28
Assembly of the Claims Commissioner shall be by concurrent 29
resolution. 30
Sec. 3. Subsection (a) of section 4-160 of the 2022 supplement to the 31
general statutes is repealed and the following is substituted in lieu 32
thereof (Effective October 1, 2022): 33
(a) Whenever the Claims Commissioner deems it just and equitable, 34
the Claims Commissioner may authorize suit against the state on any 35
claim which, in the opinion of the Claims Commissioner, presents an 36
issue of law or fact under which the state, were it a private person, could 37
be liable. The Claims Commissioner may grant permission to sue for a 38
claim that exclusively seeks permission to sue the state based solely on 39
the notice of claim or any supporting evidence submitted pursuant to 40
section 4-147, or both, without holding a hearing, upon the filing by the 41
attorney or pro se claimant of (1) a motion for approval to assert a claim 42
without a hearing, requesting a ruling based solely on the notice of the 43
claim and any supporting evidence submitted under the provisions of 44
this chapter, and (2) an affidavit attesting to the validity of a claim. Such 45
affidavit [,] shall be signed, notarized and filed by both the attorney and 46
claimant or a pro se claimant, attesting to the following, in the following 47
form: "I have made a reasonable inquiry, as permitted by the 48 Raised Bill No. 440
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circumstances, which has given rise to a good faith belief that grounds 49
exist for a suit against the state. Such inquiry includes [,] (provide a brief 50
description of the inquiry made)". The claimant shall serve any motion 51
for approval and affidavit on the office of the Attorney General and any 52
state agency that is a subject of the claim. The state may file an 53
opposition to the motion for approval and the affidavit not later than 54
thirty days after such service of the motion and affidavit. Such 55
opposition shall be limited to opposition of the claim based solely on 56
jurisdictional grounds, including pursuant to section 4-142, or 57
subsection (a) of section 4-148, or prosecutorial, judicial, quasi-judicial 58
or legislative immunity. 59
Sec. 4. Subsection (f) of section 4-160 of the 2022 supplement to the 60
general statutes is repealed and the following is substituted in lieu 61
thereof (Effective October 1, 2022): 62
(f) In any claim alleging malpractice against the state, a state hospital 63
or against a physician, surgeon, dentist, podiatrist, chiropractor or other 64
licensed health care provider employed by the state, the attorney or pro 65
se party filing the claim may submit a certificate of good faith to the 66
Office of the Claims Commissioner in accordance with section 52-190a. 67
If such a certificate is submitted, permission to sue the state shall be 68
deemed granted by the Claims Commissioner (1) [upon] on June 28, 69
2021, if the certificate has been filed with the Claims Commissioner prior 70
to June 28, 2021, or (2) upon the filing of the certificate with the Office of 71
the Claims Commissioner, if such certificate is filed on or after June 28, 72
2021. In lieu of filing a notice of claim pursuant to section 4-147, a 73
claimant may commence a medical malpractice action against the state 74
prior to the expiration of the limitation period set forth in section 4-148 75
and authorization for such action against the state shall be deemed 76
granted. Any such action shall be limited to medical malpractice claims 77
only and any such action shall be deemed a suit otherwise authorized 78
by law in accordance with subsection (a) of section 4-142. The provisions 79
of this subsection shall apply to any claim alleging malpractice against 80
the state that was timely filed with the Claims Commissioner and 81
remains pending with said commissioner, regardless of whether such 82 Raised Bill No. 440
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claim was filed before, on or after October 1, 2019. 83
Sec. 5. Section 4-190 of the 2022 supplement to the general statutes is 84
repealed and the following is substituted in lieu thereof (Effective October 85
1, 2022): 86
As used in this chapter: 87
(1) "Agency" means each state or municipal board, commission, 88
department or officer, other than the legislature, courts, Governor, 89
Lieutenant Governor, Attorney General or town or regional boards of 90
education, which maintains a personal data system. 91
(2) "Attorney" means an attorney at law empowered by a person to 92
assert the confidentiality of or right of access to personal data under this 93
chapter. 94
(3) "Authorized representative" means a parent, or a guardian or 95
conservator, other than an attorney, appointed to act on behalf of a 96
person and empowered by such person to assert the confidentiality of 97
or right of access to personal data under this chapter. 98
(4) "Automated personal data system" means a personal data system 99
in which data is stored, in whole or part, in a computer or in computer 100
accessible files. 101
(5) "Computer accessible files" means any personal data which is 102
stored on-line or off-line, which can be identified by use of electronic 103
means, including, but not limited to, microfilm and microfilm devices, 104
which includes, but is not limited to, magnetic tape, magnetic film, 105
magnetic disks, magnetic drums, internal memory utilized by any 106
processing device, including computers or telecommunications control 107
units, punched cards, optically [scanable] scannable paper or film. 108
(6) "Maintain" means collect, maintain, use or disseminate. 109
(7) "Manual personal data system" means a personal data system 110
other than an automated personal data system. 111 Raised Bill No. 440
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(8) "Person" means an individual of any age concerning whom 112
personal data is maintained in a personal data system, or a person's 113
attorney or authorized representative. 114
(9) "Personal data" means any information about a person's 115
education, finances, medical or emotional condition or history, 116
employment or business history, family or personal relationships, 117
reputation or character which because of name, identifying number, 118
mark or description can be readily associated with a particular person. 119
"Personal data" shall not be construed to make available to a person any 120
record described in subdivision (3) or (18) of subsection (b) of section 1-121
210. 122
(10) "Personal data system" means a collection of records containing 123
personal data. 124
(11) "Record" means any collection of personal data [, defined in 125
subdivision (9),] which is collected, maintained or disseminated. 126
Sec. 6. Subsection (a) of section 7-51a of the 2022 supplement to the 127
general statutes is repealed and the following is substituted in lieu 128
thereof (Effective October 1, 2022): 129
(a) Any person eighteen years of age or older may purchase certified 130
copies of marriage and death records, and certified copies of records of 131
births or fetal deaths which are at least one hundred years old, in the 132
custody of any registrar of vital statistics. The department may issue 133
uncertified copies of death certificates for deaths occurring less than one 134
hundred years ago, and uncertified copies of birth, marriage, death and 135
fetal death certificates for births, marriages, deaths and fetal deaths that 136
occurred at least one hundred years ago, to researchers approved by the 137
department pursuant to section 19a-25, and to state and federal agencies 138
approved by the department. During all normal business hours, 139
members of genealogical societies incorporated or authorized by the 140
Secretary of the State to do business or conduct affairs in this state shall 141
(1) have full access to all vital records in the custody of any registrar of 142
vital statistics, including certificates, ledgers, record books, card files, 143 Raised Bill No. 440
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indexes and database printouts, except for those records containing 144
Social Security numbers protected pursuant to 42 USC 405 (c)(2)(C), and 145
confidential files on adoptions, gender change, surrogacy agreements [,] 146
and parentage, (2) be permitted to make notes from such records, (3) be 147
permitted to purchase certified copies of such records, and (4) be 148
permitted to incorporate statistics derived from such records in the 149
publications of such genealogical societies. For all vital records 150
containing Social Security numbers that are protected from disclosure 151
pursuant to federal law, the Social Security numbers contained on such 152
records shall be redacted from any certified copy of such records issued 153
to a genealogist by a registrar of vital statistics. 154
Sec. 7. Section 8-265c of the 2022 supplement to the general statutes, 155
as amended by section 13 of public act 21-32, is repealed and the 156
following is substituted in lieu thereof (Effective January 1, 2023): 157
The authority shall require that occupancy of all housing financed or 158
otherwise assisted under this chapter be open to all persons regardless 159
of race, creed, color, national origin or ancestry, sex, [or] gender identity 160
or expression or erased criminal history record information, as defined 161
in section 46a-80a, and that the contractors and subcontractors engaged 162
in the construction or rehabilitation of such housing shall take 163
affirmative action to provide equal opportunity for employment 164
without discrimination as to race, creed, color, national origin or 165
ancestry, sex, gender identity or expression or erased criminal history 166
record information. 167
Sec. 8. Subsection (a) of section 22-4c of the 2022 supplement to the 168
general statutes is repealed and the following is substituted in lieu 169
thereof (Effective October 1, 2022): 170
(a) The Commissioner of Agriculture may: (1) Adopt, amend or 171
repeal, in accordance with the provisions of chapter 54, such standards, 172
criteria and regulations, and such procedural regulations as are 173
necessary and proper to carry out the commissioner's functions, powers 174
and duties; (2) enter into contracts with any person, firm, corporation or 175 Raised Bill No. 440
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association to do all things necessary or convenient to carry out the 176
functions, powers and duties of the department; (3) initiate and receive 177
complaints as to any actual or suspected violation of any statute, 178
regulation, permit or order administered, adopted or issued by the 179
commissioner. The commissioner may hold hearings, administer oaths, 180
take testimony and subpoena witnesses and evidence, enter orders and 181
institute legal proceedings including, but not limited to, suits for 182
injunctions and for the enforcement of any statute, regulation, order or 183
permit administered, adopted or issued by the commissioner. The 184
commissioner, or the commissioner's agent, may issue a citation in 185
accordance with section 51-164n for any infraction or violation 186
established in any provision of the general statutes that is under the 187
commissioner's authority; (4) provide an advisory opinion, upon 188
request of any municipality, state agency, tax assessor or any landowner 189
as to what constitutes agriculture or farming pursuant to subsection (q) 190
of section 1-1, or regarding classification of land as farm land or open 191
space land pursuant to sections 12-107b to 12-107f, inclusive; (5) in 192
accordance with constitutional limitations, enter at all reasonable times, 193
without liability, upon any public or private property, except a private 194
residence, for the purpose of inspection and investigation to ascertain 195
possible violations of any statute, regulation, order or permit 196
administered, adopted or issued by the commissioner and the owner, 197
managing agent or occupant of any such property shall permit such 198
entry, and no action for trespass shall lie against the commissioner for 199
such entry, or the commissioner may apply to any court having criminal 200
jurisdiction for a warrant to inspect such premises to determine 201
compliance with any statute, regulation, order or permit or methods of 202
manufacture or production ascertained by the commissioner during, or 203
as a result of, any inspection, investigation or hearing; (6) undertake any 204
studies, inquiries, surveys or analyses the commissioner may deem 205
relevant, through the personnel of the department or in cooperation 206
with any public or private agency, to accomplish the functions, powers 207
and duties of the commissioner; (7) require the posting of sufficient 208
performance bond or other security to assure compliance with any 209
permit or order; (8) provide by notice printed on any form that any false 210 Raised Bill No. 440
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statement made thereon or pursuant thereto is punishable as a criminal 211
offense under section 53a-157b; and (9) by regulations adopted in 212
accordance with the provisions of chapter 54, require the payment of a 213
fee sufficient to cover the reasonable cost of acting upon an application 214
for and monitoring compliance with the terms and conditions of any 215
state or federal permit, license, registration, order, certificate or 216
approval. Such costs may include, but are not limited to, the costs of (A) 217
public notice, (B) reviews, inspections and testing incidental to the 218
issuance of and monitoring of compliance with such permits, licenses, 219
orders, certificates and approvals, and (C) surveying and staking 220
boundary lines. The applicant shall pay the fee established in 221
accordance with the provisions of this section prior to the final decision 222
of the commissioner on the application. The commissioner may 223
postpone review of an application until receipt of the payment. 224
Sec. 9. Subdivision (2) of subsection (c) of section 27-103 of the 2022 225
supplement to the general statutes is repealed and the following is 226
substituted in lieu thereof (Effective October 1, 2022): 227
(2) All initial appointments to the board shall be made not later than 228
December 1, 2021, and shall terminate on November [31] 30, 2023, or 229
November [31] 30, 2024, as applicable, regardless of when the initial 230
appointment was made. Any member of the board may serve more than 231
one term. 232
Sec. 10. Subsection (a) of section 30-89 of the 2022 supplement to the 233
general statutes is repealed and the following is substituted in lieu 234
thereof (Effective October 1, 2022): 235
(a) Any person to whom the sale of alcoholic liquor is by law 236
forbidden who purchases or attempts to purchase such liquor or who 237
makes any false statement for the purpose of procuring such liquor shall 238
be fined not less than two hundred dollars or more than five hundred 239
dollars. 240
Sec. 11. Section 31-232c of the general statutes is repealed and the 241
following is substituted in lieu thereof (Effective October 1, 2022): 242 Raised Bill No. 440
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Except when the result would be inconsistent with the other 243
provisions of subsection (d) of section 31-222 and sections 31-231b, 31-244
232b to 31-232k, inclusive, [31-236(a)(8)] subdivision (8) of subsection (a) 245
of section 31-236 and section 31-250, as provided in the regulations of 246
the administrator, the provisions of this chapter, which apply to claims 247
for, or the payment of, regular benefits, including benefits for partial 248
unemployment, shall apply to claims for, and the payment of, extended 249
benefits. 250
Sec. 12. Section 31-232h of the general statutes is repealed and the 251
following is substituted in lieu thereof (Effective October 1, 2022): 252
No individual shall receive both extended benefits and additional 253
benefits during or in respect to the same week. An individual may 254
become eligible to receive additional benefits under section 31-232a with 255
respect to a week of unemployment only if he is not eligible to receive 256
extended benefits under subsection (d) of section 31-222 and sections 31-257
231b, 31-232b to 31-232k, inclusive, [31-236(a)(8)] subdivision (8) of 258
subsection (a) of section 31-236 and section 31-250 with respect to such 259
week. 260
Sec. 13. Section 31-232i of the general statutes is repealed and the 261
following is substituted in lieu thereof (Effective October 1, 2022): 262
In the administration of the provisions of subsection (d) of section 31-263
222 and sections 31-231b, 31-232b to 31-232k, inclusive, [31-236(a)(8)] 264
subdivision (8) of subsection (a) of section 31-236 and section 31-250, 265
which are enacted to conform with the requirements of the Federal-State 266
Extended Unemployment Compensation Act of 1970, the administrator 267
shall take such action as may be necessary (1) to ensure that the 268
provisions are so interpreted and applied as to meet the requirements 269
of such federal act as interpreted by the United States Department of 270
Labor and (2) to secure to this state the full reimbursement of the federal 271
share of extended benefits paid under said sections that are 272
reimbursable under the federal act. 273
Sec. 14. Subdivision (9) of subsection (a) of section 31-236 of the 2022 274 Raised Bill No. 440
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supplement to the general statutes is repealed and the following is 275
substituted in lieu thereof (Effective October 1, 2022): 276
(9) If the administrator finds that the individual has retired and that 277
such retirement was voluntary, until the individual has again become 278
employed and has been paid wages in an amount required as a 279
condition of eligibility as set forth in subdivision (3) of subsection (a) of 280
section 31-235; except that the individual is not ineligible on account of 281
such retirement if the administrator finds (A) that the individual has 282
retired because (i) such individual's work has become unsuitable 283
considering such individual's physical condition and the degree of risk 284
to such individual's health and safety, and (ii) such individual has 285
requested of such individual's employer other work that is suitable, and 286
(iii) such individual's employer did not offer such individual such work, 287
or (B) that the individual has been involuntarily retired; 288
Sec. 15. Subsection (b) of section 31-237d of the general statutes is 289
repealed and the following is substituted in lieu thereof (Effective October 290
1, 2022): 291
(b) In any appeal to the board the board or any of its members may 292
hear the appeal, except that the full board shall hear and decide cases 293
requiring the application of [subsection (a)(3)] subdivision (3) of 294
subsection (a) of section 31-236 and cases in which a party has 295
specifically requested in writing a hearing by the full board, provided 296
the decision on all appeals shall be by a majority vote of the full board. 297
The board shall approve or reject, by a majority vote, each request for a 298
hearing before the full board in accordance with the criteria for granting 299
such requests established in regulations adopted pursuant to section 31-300
237g. In any case before the board, the board may delegate to a referee 301
or other qualified employee of the appeals division the taking or hearing 302
of evidence. 303
Sec. 16. Subdivision (1) of subsection (f) of section 31-374 of the 304
general statutes is repealed and the following is substituted in lieu 305
thereof (Effective October 1, 2022): 306 Raised Bill No. 440
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(f) (1) Any employee or representative of employees who believes 307
that there is a violation of an occupational safety or health standard or 308
that there is an imminent danger of physical harm may request an 309
inspection by giving notice to the commissioner or his authorized 310
representative of such violation or danger. Any such notice shall be 311
reduced to writing and shall set forth with reasonable particularity the 312
grounds for the notice, and shall be signed by the employees or the 313
representative of employees. A copy of such notice shall be provided to 314
the employer or the employer's agent no later than the time of the 315
inspection, provided, upon the request of the person giving such notice, 316
his or her name and the names of individual employees referred to 317
therein shall not appear in such copy or on any record published, 318
released or made available pursuant to subsection (g) of this section. 319
Upon the request of an individual employee whose name is not 320
included in such notice, but who at any time provides information to 321
the commissioner concerning the violation or danger alleged in such 322
notice, the name of such individual employee shall not appear on any 323
record published, released or made available pursuant to subsection (g) 324
of this section. If upon receipt of such notification the commissioner 325
determines there are reasonable grounds to believe that such violation 326
or danger exists, he shall make an inspection in accordance with the 327
provisions of this section as soon as practicable to determine if such 328
violation or danger exists. Such inspection may be limited to the alleged 329
violation or danger. If the commissioner determines there are no 330
reasonable grounds to believe that such violation or danger exists, he 331
shall notify the employer, employee or representative of employees in 332
writing of such determination. Such notification shall not preclude 333
future enforcement action if conditions change. 334
Sec. 17. Section 45a-186b of the 2022 supplement to the general 335
statutes is repealed and the following is substituted in lieu thereof 336
(Effective October 1, 2022): 337
In an appeal taken under section 45a-186 from a matter heard on the 338
record in the Probate Court under section 17a-498, 17a-543, 17a-543a, 339
17a-685 [,] or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section 340 Raised Bill No. 440
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51-72 or 51-73, the Superior Court shall not substitute its judgment for 341
that of the Probate Court as to the weight of the evidence on questions 342
of fact. The Superior Court shall affirm the decision of the Probate Court 343
unless the Superior Court finds that substantial rights of the person 344
appealing have been prejudiced because the findings, inferences, 345
conclusions or decisions are: (1) In violation of the federal or state 346
constitution or the general statutes, (2) in excess of the statutory 347
authority of the Probate Court, (3) made on unlawful procedure, (4) 348
affected by other error of law, (5) clearly erroneous in view of the 349
reliable, probative and substantial evidence on the whole record, or (6) 350
arbitrary or capricious or characterized by abuse of discretion or clearly 351
unwarranted exercise of discretion. If the Superior Court finds such 352
prejudice, the Superior Court shall sustain the appeal and, if 353
appropriate, may render a judgment that modifies the Probate Court's 354
order, denial or decree or remand the case to the Probate Court for 355
further proceedings. For the purposes of this section, a remand is a final 356
judgment. 357
Sec. 18. Subdivision (2) of section 45a-604 of the 2022 supplement to 358
the general statutes is repealed and the following is substituted in lieu 359
thereof (Effective October 1, 2022): 360
(2) "Father" means a man who is a parent as defined [by] in section 361
46b-451; 362
Sec. 19. Subdivision (15) of section 46a-54 of the 2022 supplement to 363
the general statutes is repealed and the following is substituted in lieu 364
thereof (Effective October 1, 2022): 365
(15) To require an employer having three or more employees to (A) 366
post in a prominent and accessible location information concerning the 367
illegality of sexual harassment and remedies available to victims of 368
sexual harassment, (B) provide, not later than three months after the 369
employee's start date with the employer, a copy of the information 370
concerning the illegality of sexual harassment and remedies available to 371
victims of sexual harassment to each employee by electronic mail with 372 Raised Bill No. 440
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a subject line that includes the words "Sexual Harassment Policy" or 373
words of similar import, if (i) the employer has provided an electronic 374
mail account to the employee, or (ii) the employee has provided the 375
employer with an electronic mail address, provided if an employer has 376
not provided an electronic mail account to the employee, the employer 377
shall post the information concerning the illegality of sexual harassment 378
and remedies available to victims of sexual harassment on the 379
employer's Internet web site, if the employer maintains such an Internet 380
web site. An employer may comply with the requirements of this 381
subparagraph, by providing an employee with the link to the 382
commission's Internet web site concerning the illegality of sexual 383
harassment and the remedies available to victims of sexual harassment 384
by electronic mail, text message or in writing; and (C) provide two hours 385
of training and education to employees within one year of October 1, 386
2019, provided any employer who has provided such training and 387
education to any such employees after October 1, 2018, shall not be 388
required to provide such training and education a second time. An 389
employer having (i) three or more employees, shall provide such 390
training and education to an employee hired on or after October 1, 2019, 391
not later than six months after the date of his or her hire, provided the 392
commission has developed and made available such training and 393
education materials in accordance with the provisions of subdivision (8) 394
of subsection (a) of section 46a-56; or (ii) less than three employees shall 395
provide such training and education to all supervisory employees 396
within one year of October 1, 2019, and to all new supervisory 397
employees within six months of their assumption of a supervisory 398
position, provided any employer who has provided such training and 399
education to any such supervisory employees after October 1, 2018, shall 400
not be required to provide such training and education a second time. 401
Any supervisory employee hired on or after October 1, 2019, by an 402
employer having less than three employees, shall receive such training 403
and education not later than six months after the date of his or her hire, 404
provided the commission has developed and made available such 405
training and education materials in accordance with the provisions of 406
subdivision (8) of subsection (a) of section 46a-56. Such training and 407 Raised Bill No. 440
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education shall include information concerning the federal and state 408
statutory provisions concerning sexual harassment and remedies 409
available to victims of sexual harassment. If an employee has received 410
in-person training provided by the commission or has taken the no cost 411
online training provided by the commission on its Internet web site in 412
accordance with the provisions of subdivision (8) of subsection (a) of 413
section 46a-56 [,] while employed by a different employer within the two 414
years preceding the date of hire, an employer may consider such prior 415
training to satisfy the training requirements of this [section] subdivision. 416
An employer who is required to provide training under this subdivision 417
shall provide periodic supplemental training that updates all 418
supervisory and nonsupervisory employees on the content of such 419
training and education not less than every ten years. As used in this 420
subdivision, "sexual harassment" has the same meaning as provided in 421
subdivision (8) of subsection (b) of section 46a-60 and "employer" 422
includes the General Assembly and "employee" means any individual 423
employed by an employer, including an individual employed by such 424
individual's parent, spouse or child; 425
Sec. 20. Section 46a-79 of the 2022 supplement to the general statutes, 426
as amended by section 30 of public act 21-32, is repealed and the 427
following is substituted in lieu thereof (Effective January 1, 2023): 428
The General Assembly finds that the public is best protected when 429
criminal offenders are rehabilitated and returned to society prepared to 430
take their places as productive citizens and that the ability of returned 431
offenders to find meaningful employment is directly related to their 432
normal functioning in the community. It is therefore the policy of this 433
state to encourage all employers to give favorable consideration to 434
providing jobs to qualified individuals, including those who may have 435
conviction information, as defined in section 54-142g. Nothing in this 436
section shall be construed to permit any employer to refuse to hire or 437
employ or to bar or to discharge from employment or to discriminate 438
against an individual in compensation or in terms of employment on the 439
basis of [that person's] such individual's erased criminal history record 440
information, as defined in section 46a-80a. 441 Raised Bill No. 440
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Sec. 21. Subsection (b) of section 46a-170 of the 2022 supplement to 442
the general statutes is repealed and the following is substituted in lieu 443
thereof (Effective October 1, 2022): 444
(b) The council shall consist of the following members: (1) The Chief 445
State's Attorney, or a designee; (2) the Chief Public Defender, or a 446
designee; (3) the Commissioner of Emergency Services and Public 447
Protection, or the commissioner's designee; (4) the Labor Commissioner, 448
or the commissioner's designee; (5) the Commissioner of Social Services, 449
or the commissioner's designee; (6) the Commissioner of Public Health, 450
or the commissioner's designee; (7) the Commissioner of Mental Health 451
and Addiction Services, or the commissioner's designee; (8) the 452
Commissioner of Children and Families, or the commissioner's 453
designee; (9) the Commissioner of Consumer Protection, or the 454
commissioner's designee; (10) the director of the Basic Training Division 455
of the Police Officer Standards and Training Council, or the director's 456
designee; (11) the Child Advocate, or the Child Advocate's designee; 457
(12) the Victim Advocate, or the Victim Advocate's designee; (13) a 458
chairperson of the Commission on Women, Children, Seniors, Equity 459
and Opportunity, or the chairperson's designee; (14) one representative 460
of the Office of Victim Services of the Judicial Branch appointed by the 461
Chief Court Administrator; (15) a municipal police chief appointed by 462
the Connecticut Police Chiefs Association, or a designee; (16) the 463
Commissioner of Education, or the commissioner's designee; (17) an 464
adult victim of trafficking, appointed by the Governor; (18) a judge of 465
the Superior Court, appointed by the Chief Court Administrator; (19) a 466
state's attorney appointed by the Chief State's Attorney; (20) a public 467
defender appointed by the Chief Public Defender; and (21) fifteen public 468
members appointed as follows: The Governor shall appoint three 469
members, one of whom shall represent vi ctims of commercial 470
exploitation of children, one of whom shall represent sex trafficking 471
victims who are children and one of whom shall represent a coalition of 472
children's advocacy centers and multidisciplinary teams that are 473
dedicated to serving child abuse victims and their families, the president 474
pro tempore of the Senate shall appoint two members, one of whom 475 Raised Bill No. 440
LCO No. 3298 16 of 33
shall represent the Connecticut Alliance to End Sexual Violence and one 476
of whom shall represent an organization that provides civil legal 477
services to low-income individuals, the speaker of the House of 478
Representatives shall appoint two members, one of whom shall 479
represent the Connecticut Coalition Against Domestic Violence and one 480
of whom shall represent the Connecticut Lodging Association, the 481
majority leader of the Senate shall appoint two members, one of whom 482
shall represent an organization that deals with behavioral health needs 483
of women and children and one of whom shall represent the 484
Connecticut Coalition to [end] End Homelessness, the majority leader 485
of the House of Representatives shall appoint two members, one of 486
whom shall represent an organization that advocates on social justice 487
and human rights issues and one of whom shall represent the 488
Connecticut Criminal Defense Lawyers Association, the minority leader 489
of the Senate shall appoint two members, one of whom shall represent 490
the Connecticut Immigrant and Refugee Coalition and one of whom 491
shall represent massage therapists, and the minority leader of the House 492
of Representatives shall appoint two members, one of whom shall 493
represent the Motor Transport Association of Connecticut, Inc. and one 494
of whom shall represent an organization that works with adult victims 495
of trafficking. 496
Sec. 22. Subsection (b) of section 46b-1 of the 2022 supplement to the 497
general statutes is repealed and the following is substituted in lieu 498
thereof (Effective October 1, 2022): 499
(b) As used in this title, "domestic violence" means: (1) A continuous 500
threat of present physical pain or physical injury against a family or 501
household member, as defined in section 46b-38a; (2) stalking, 502
including, but not limited to, stalking as described in section 53a-181d, 503
of such family or household member; (3) a pattern of threatening, 504
including, but not limited to, a pattern of threatening as described in 505
section 53a-62, of such family or household member or a third party that 506
intimidates such family or household member; or (4) coercive control of 507
such family or household member, which is a pattern of behavior that 508
in purpose or effect unreasonably interferes with a person's free will and 509 Raised Bill No. 440
LCO No. 3298 17 of 33
personal liberty. "Coercive control" includes, but is not limited to, 510
unreasonably engaging in any of the following: 511
(A) Isolating the family or household member from friends, relatives 512
or other sources of support; 513
(B) Depriving the family or household member of basic necessities; 514
(C) Controlling, regulating or monitoring the family or household 515
member's movements, communications, daily behavior, finances, 516
economic resources or access to services; 517
(D) Compelling the family or household member by force, threat or 518
intimidation, including, but not limited to, threats based on actual or 519
suspected immigration status, to (i) engage in conduct from which such 520
family or household member has a right to abstain, or (ii) abstain from 521
conduct that such family or household member has a right to pursue; 522
(E) Committing or threatening to commit cruelty to animals that 523
intimidates the family or household member; or 524
(F) Forced sex acts, or threats of a sexual nature, including, but not 525
limited to, threatened acts of sexual conduct, threats based on a person's 526
sexuality or threats to release sexual images. 527
Sec. 23. Subsection (a) of section 46b-15e of the 2022 supplement to 528
the general statutes, as amended by section 2 of public act 21-67, is 529
repealed and the following is substituted in lieu thereof (Effective June 1, 530
2022): 531
(a) (1) The [office] Office of the Chief Court Administrator shall revise 532
and simplify the process for filing an application for relief under section 533
46b-15. The [office] Office of the Chief Court Administrator shall ensure 534
that any person seeking to file an application for relief is provided with 535
a one-page, plain language explanation of how to apply for relief under 536
section 46b-15. 537
(2) The [office] Office of the Chief Court Administrator shall develop 538 Raised Bill No. 440
LCO No. 3298 18 of 33
and make available to the public educational materials concerning the 539
risk protection order and warrant processes set forth in section 29-38c 540
relating to a person who poses a risk of imminent personal injury to 541
himself or herself or to another person. The [office] Office of the Chief 542
Court Administrator shall develop and make available to the public in 543
hard copy and electronically on the Internet web site of the Judicial 544
Branch a form to enable a family or household member or medical 545
professional, each as defined in section 29-38c, to apply to have a risk 546
protection order investigation ordered and a one-page, plain language 547
explanation of how to apply for such order. The form shall contain 548
questions designed to solicit information significant to a determination. 549
The public educational materials and form shall prominently advise the 550
applicant that a risk protection order or warrant may be sought through 551
and with the assistance of a municipal or state police agency or a state's 552
attorney's office, and of the benefits of doing so. 553
Sec. 24. Subsection (b) of section 46b-16a of the 2022 supplement to 554
the general statutes is repealed and the following is substituted in lieu 555
thereof (Effective October 1, 2022): 556
(b) The application shall be accompanied by an affidavit made by the 557
applicant under oath that includes a statement of the specific facts that 558
form the basis for relief. If the applicant attests that disclosure of the 559
applicant's location information would jeopardize the health, safety or 560
liberty of the applicant or the applicant's children, the applicant may 561
request, on a form prescribed by the Chief Court Administrator, that his 562
or her location information not be disclosed. Upon receipt of the 563
application, if the allegations set forth in the affidavit meet the 564
requirements of subsection (a) of this section, the court shall schedule a 565
hearing not later than fourteen days from the date of the application. If 566
a postponement of a hearing on the application is requested by either 567
party, no ex parte order shall be continued except upon agreement of 568
the parties or by order of the court for good cause shown. If the court is 569
closed on the scheduled hearing date, the hearing shall be held on the 570
next day the court is open and any ex parte order that was issued shall 571
remain in effect until the date of such hearing. If the applicant is under 572 Raised Bill No. 440
LCO No. 3298 19 of 33
eighteen years of age, a parent, guardian or responsible adult who 573
brings the application as next friend of the applicant may not speak on 574
the applicant's behalf at such hearing unless there is good cause shown 575
as to why the applicant is unable to speak on his or her own behalf, 576
except that nothing in this subsection shall preclude such parent, 577
guardian or responsible adult from testifying as a witness at such 578
hearing. If the court finds that there are reasonable grounds to believe 579
that the respondent has committed acts constituting grounds for 580
issuance of an order under this section and will continue to commit such 581
acts, or acts designed to intimidate or retaliate against the applicant, the 582
court, in its discretion, may make such orders as it deems appropriate 583
for the protection of the applicant. If the court finds that there are 584
reasonable grounds to believe that an imminent danger exists to the 585
applicant, the court may issue an ex parte order granting such relief as 586
it deems appropriate. In making such orders, the court, in its discretion, 587
may consider relevant court records if the records are available to the 588
public from a clerk of the Superior Court or on the Judicial Branch's 589
Internet web site. Such orders may include, but are not limited to, an 590
order enjoining the respondent from: (1) Imposing any restraint upon 591
the person or liberty of the applicant; (2) threatening, harassing, 592
assaulting, molesting, sexually assaulting or attacking the applicant; 593
and (3) entering the dwelling of the applicant. 594
Sec. 25. Subdivision (5) of subsection (m) of section 46b-231 of the 595
2022 supplement to the general statutes is repealed and the following is 596
substituted in lieu thereof (Effective October 1, 2022): 597
(5) Venue for proceedings to establish parentage in IV-D support 598
cases shall be in accordance with the provisions of subsection [(d)] (e) of 599
section 46b-461, as amended by this act. The matter shall be heard and 600
determined by a family support magistrate in accordance with the 601
provisions of chapter 815y. 602
Sec. 26. Subdivisions (4) and (5) of subsection (s) of section 46b-231 of 603
the 2022 supplement to the general statutes are repealed and the 604
following is substituted in lieu thereof (Effective October 1, 2022): 605 Raised Bill No. 440
LCO No. 3298 20 of 33
(4) Review child support orders (A) in non-TFA IV-D support cases 606
(i) at the request of either parent or custodial party subject to a support 607
order, or (ii) upon receipt of information indicating a substantial change 608
in circumstances of any party to the support order, (B) in TFA cases, at 609
the request of the Office of Child Support Services, or (C) as necessary 610
to comply with federal requirements for the child support enforcement 611
program mandated by Title IV-D of the Social Security Act, and initiate 612
an action before a family support magistrate to modify such support 613
order if it is determined upon such review that the order substantially 614
deviates from the child support guidelines established pursuant to 615
section 46b-215a. A requesting party under subparagraph (A)(i) or (B) 616
of this subdivision shall have a right to such review every three years 617
without proving a substantial change in circumstances, but more 618
frequent reviews shall be made only if such requesting party 619
demonstrates a substantial change in circumstances. There shall be a 620
rebuttable presumption that any deviation of less than fifteen per cent 621
from the child support guidelines is not substantial and any deviation 622
of fifteen per cent or more from the guidelines is substantial. 623
Modification may be made of such support order without regard to 624
whether the order was issued before, on or after May 9, 1991. In 625
determining whether to modify a child support order based on a 626
substantial deviation from such child support guidelines, consideration 627
shall be given to the division of real and personal property between the 628
parties set forth in any final decree entered pursuant to chapter 815j and 629
the benefits accruing to the child as the result of such division. No order 630
for periodic payment of support may be subject to retroactive 631
modification, except that the family support magistrate may order 632
modification with respect to any period during which there is a pending 633
motion for modification of a support order from the date of service of 634
notice of such pending motion to the opposing party pursuant to section 635
52-50; [.] and 636
(5) In proceedings before the Family Support Magistrate Division 637
under the Uniform Interstate Family Support Act (A) perform clerical, 638
administrative and other nonjudicial functions on behalf of the Family 639 Raised Bill No. 440
LCO No. 3298 21 of 33
Support Magistrate Division; (B) maintain a registry of support orders 640
and judgments; and (C) assist the IV-D agency in performing its 641
functions under sections 46b-398 to 46b-410, inclusive. 642
Sec. 27. Subsection (e) of section 46b-461 of the 2022 supplement to 643
the general statutes is repealed and the following is substituted in lieu 644
thereof (Effective October 1, 2022): 645
(e) In IV-D support cases, as defined in section 46b-231, as amended 646
by this act, and in petitions brought under sections 46b-301 to 46b-425, 647
inclusive, venue for a proceeding to adjudicate parentage is in the 648
Family Support Magistrate Division serving the judicial district where 649
the parent who gave birth or the alleged parent resides. 650
Sec. 28. Subsection (e) of section 46b-489 of the 2022 supplement to 651
the general statutes is repealed and the following is substituted in lieu 652
thereof (Effective October 1, 2022): 653
(e) A presumption of parentage under subdivision (3) of subsection 654
(a) of section 46b-488, can be challenged if such other parent openly held 655
out the child as the presumed parent's child due to duress, coercion or 656
threat of harm. Evidence of duress, coercion or threat of harm may 657
include: (1) Whether within the ten-year period preceding the date of 658
the proceeding, the presumed parent: (A) Has been convicted of 659
domestic assault, sexual assault or sexual exploitation of the child or a 660
parent of the child; (B) has been convicted of a family violence crime, as 661
defined in section 46b-38a; (C) is or has been subject to an order of 662
protection pursuant to [sections] section 46b-15, 46b-16a, as amended by 663
this act, 46b-38c [,] or 54-1k; (D) was found to have committed abuse 664
against the child or a parent of the child; or (E) was substantiated for 665
abuse against the child or a parent of the child; (2) a sworn affidavit from 666
a domestic violence counselor or sexual assault counselor, as defined in 667
section 52-146k, provided the person who had confidentia l 668
communications with the domestic violence counselor or sexual assault 669
counselor has waived the privilege, in which case disclosure shall be 670
made pursuant to section 52-146k; or (3) other credible evidence of 671 Raised Bill No. 440
LCO No. 3298 22 of 33
abuse against the parent of the child or the child, including, but not 672
limited to, the parent's or child's sworn affidavit or an affidavit from a 673
social service provider, health care provider, clergy person, attorney, or 674
other professional from whom the parent or child sought assistance 675
regarding the abuse. 676
Sec. 29. Subsection (b) of section 46b-490 of the 2022 supplement to 677
the general statutes is repealed and the following is substituted in lieu 678
thereof (Effective October 1, 2022): 679
(b) A parent of the child may use evidence of duress, coercion or 680
threat of harm to contest an allegation that the parent fostered or 681
supported a bonded and dependent relationship as described in 682
subdivision (6) of subsection (a) of this section. Such evidence may 683
include: (1) Whether within a ten-year period preceding the date of the 684
proceeding, the person seeking to be adjudicated a de facto parent: (A) 685
Has been convicted of domestic assault, sexual assault or sexual 686
exploitation of the child or a parent of the child; (B) has been convicted 687
of a family violence crime, as defined in section 46b-38a; (C) is or has 688
been subject to an order of protection pursuant to [sections] section 46b-689
15, 46b-16a, as amended by this act, 46b-38c [,] or 54-1k; (D) was found 690
to have committed abuse against the child or a parent of the child; or (E) 691
was substantiated for abuse against the child or a parent of the child; (2) 692
a sworn affidavit from a domestic violence counselor or sexual assault 693
counselor, as defined in section 52-146k, provided the person who had 694
confidential communications with the domestic violence counselor or 695
sexual assault counselor has waived the privilege, in which case 696
disclosure shall be made pursuant to section 52-146k; or (3) other 697
credible evidence of abuse against the parent of the child or the child, 698
including, but not limited to, the parent's or child's sworn affidavit or 699
an affidavit from a social service provider, health care provider, clergy 700
person, attorney, or other professional from whom the parent or child 701
sought assistance regarding the abuse. 702
Sec. 30. Subsection (c) of section 51-217 of the 2022 supplement to the 703
general statutes is repealed and the following is substituted in lieu 704 Raised Bill No. 440
LCO No. 3298 23 of 33
thereof (Effective October 1, 2022): 705
(c) The Jury Administrator shall have the authority to establish and 706
maintain a list of persons to be excluded from the summoning process, 707
which shall consist of (1) persons who are disqualified from serving on 708
jury duty on a permanent basis due to a disability for which a licensed 709
physician, a physician assistant or an advanced practice registered nurse 710
has submitted a letter stating the physician's, physician assistant's or 711
advanced practice registered nurse's opinion that such disability 712
permanently prevents the person from rendering satisfactory jury 713
service, (2) persons seventy-five years of age or older who have 714
requested not to be summoned, (3) elected officials enumerated in 715
subdivision (4) of subsection (a) of this section and judges enumerated 716
in subdivision (5) of subsection (a) of this section during their term of 717
office, and (4) persons excused from jury service pursuant to section 51-718
217a who have not requested to be summoned for jury service pursuant 719
to said section. Persons requesting to be excluded pursuant to 720
subdivisions (1) and (2) of this subsection [must] shall provide the Jury 721
Administrator with their names, addresses, dates of birth and federal 722
Social Security numbers for use in matching. The request to be excluded 723
may be rescinded at any time with written notice to the Jury 724
Administrator. 725
Sec. 31. Subsection (a) of section 51-277a of the 2022 supplement to 726
the general statutes is repealed and the following is substituted in lieu 727
thereof (Effective October 1, 2022): 728
(a) (1) Whenever a peace officer, in the performance of such officer's 729
duties, uses physical force upon another person and such person dies as 730
a result thereof or uses deadly force, as defined in section 53a-3, upon 731
another person, the Division of Criminal Justice shall cause an 732
investigation to be made and the Inspector General shall have the 733
responsibility of determining whether the use of physical force by the 734
peace officer was justifiable under section 53a-22. 735
(2) (A) Except as provided under subdivision (1) of this subsection, 736 Raised Bill No. 440
LCO No. 3298 24 of 33
whenever a person dies in the custody of a peace officer or law 737
enforcement agency, the Inspector General shall investigate and 738
determine whether physical force was used by a peace officer upon the 739
deceased person, and if so, whether the use of physical force by the 740
peace officer was justifiable under section 53a-22. If the Inspector 741
General determines the deceased person may have died as a result of 742
criminal action not involving the use of force by a peace officer, the 743
Inspector General shall refer such case to the Chief State's Attorney or a 744
state's attorney for potential prosecution. 745
(B) Except as provided under subdivision (1) of this subsection or 746
subparagraph (A) of subdivision (2) of this subsection, whenever a 747
person dies in the custody of the Commissioner of Correction, the 748
Inspector General shall investigate and determine whether the deceased 749
person may have died as a result of criminal action, and, if so, refer such 750
case to the Chief State's Attorney or a state's attorney for potential 751
prosecution. 752
(3) The Inspector General shall request the appropriate law 753
enforcement agency to provide such assistance as is necessary to 754
investigate and make a determination under subdivision (1) or (2) of this 755
subsection. 756
(4) Whenever a peace officer, in the performance of such officer's 757
duties, uses physical force or deadly force upon another person and 758
such person dies as a result thereof, the Inspector General shall complete 759
a preliminary status report that shall include, but need not be limited to, 760
(A) the name of the deceased person, (B) the gender, race, ethnicity and 761
age of the deceased person, (C) the date, time and location of the injury 762
causing such death, (D) the law enforcement agency involved, (E) the 763
status on the toxicology report, if available, and (F) the death certificate, 764
if available. The Inspector General shall complete the report and submit 765
a copy of such report not later than five business days after the cause of 766
the death is available to the Chief State's Attorney and, in accordance 767
with the provisions of section 11-4a, to the joint standing committees of 768
the General Assembly having cognizance of matters relating to the 769 Raised Bill No. 440
LCO No. 3298 25 of 33
judiciary and public safety. 770
Sec. 32. Subsection (c) of section 54-56e of the 2022 supplement to the 771
general statutes is repealed and the following is substituted in lieu 772
thereof (Effective October 1, 2022): 773
(c) This section shall not be applicable: (1) To any person charged 774
with (A) a class A felony, (B) a class B felony, except a violation of 775
subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 776
not involve the use, attempted use or threatened use of physical force 777
against another person, or a violation of subdivision (4) of subsection (a) 778
of section 53a-122 that does not involve the use, attempted use or 779
threatened use of physical force against another person and does not 780
involve a violation by a person who is a public official, as defined in 781
section 1-110, or a state or municipal employee, as defined in section 1-782
110, or (C) a violation of section 53a-70b of the general statutes, revision 783
of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, 784
subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) 785
of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-786
70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-787
72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged 788
with a crime or motor vehicle violation who, as a result of the 789
commission of such crime or motor vehicle violation, causes the death 790
of another person, (3) to any person accused of a family violence crime 791
as defined in section 46b-38a who (A) is eligible for the pretrial family 792
violence education program established under section 46b-38c, or (B) 793
has previously had the pretrial family violence education program 794
invoked in such person's behalf, (4) to any person charged with a 795
violation of section 21a-267, 21a-279 or 21a-279a, who (A) is eligible for 796
the pretrial drug education and community service program established 797
under section 54-56i or the pretrial drug intervention and community 798
service program established under section 54-56q, as amended by this 799
act, or (B) has previously had (i) the pretrial drug education program, 800
(ii) the pretrial drug education and community service program 801
established under the provisions of section 54-56i, or (iii) the pretrial 802
drug intervention and community service program established under 803 Raised Bill No. 440
LCO No. 3298 26 of 33
section 54-56q, as amended by this act, invoked on such person's behalf, 804
(5) unless good cause is shown, to (A) any person charged with a class 805
C felony, or (B) any person charged with committing a violation of 806
subdivision (1) of subsection (a) of section 53a-71 while such person was 807
less than four years older than the other person, (6) to any person 808
charged with a violation of section 9-359 or 9-359a, (7) to any person 809
charged with a motor vehicle violation (A) while operating a 810
commercial motor vehicle, as defined in section 14-1, or (B) who holds a 811
commercial driver's license or commercial driver's instruction permit at 812
the time of the violation, (8) to any person charged with a violation of 813
subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care 814
provider or vendor participating in the state's Medicaid program 815
charged with a violation of section 53a-122 or subdivision (4) of 816
subsection (a) of section 53a-123. 817
Sec. 33. Subsection (b) of section 54-56k of the 2022 supplement to the 818
general statutes, as amended by section 172 of public act 21-1 of the June 819
special session, is repealed and the following is substituted in lieu 820
thereof (Effective October 1, 2022): 821
(b) There shall be deposited in the pretrial account (1) all evaluation 822
fees collected pursuant to subsection (a) of section 54-56g and subsection 823
(b) of section 54-56i, (2) all program fees collected pursuant to 824
subsections (c) and (e) of section 54-56g and subsections (g) and (i) of 825
section 54-56i funds appropriated in subsection (a) of section 47 of 826
special act 01-1 of the June special session, (3) fees collected pursuant to 827
subdivision (2) of subsection (b), subdivision (1) of subsection (e) and 828
subparagraph (A) of subdivision (2) of subsection (k) of section 54-56q, 829
and (4) the evaluation fee collected pursuant to subdivision (2) of 830
subsection (b), and fees collected pursuant to subdivision (1) of 831
subsection (f) and subparagraph (A) of subdivision (2) of subsection (m) 832
of section 54-56r. 833
Sec. 34. Subdivision (1) of subsection (c) of section 54-56q of the 2022 834
supplement to the general statutes is repealed and the following is 835
substituted in lieu thereof (Effective October 1, 2022): 836 Raised Bill No. 440
LCO No. 3298 27 of 33
(c) (1) The court, after consideration of the recommendation of the 837
state's attorney, assistant state's attorney or deputy assistant state's 838
attorney in charge of the case, may [, in its discretion,] grant the 839
application for, and place the applicant in, the pretrial drug intervention 840
and community service program for a period of one year, subject to 841
confirmation of the applicant's eligibility to participate in the program. 842
Sec. 35. Subsection (a) of section 54-56r of the 2022 supplement to the 843
general statutes is repealed and the following is substituted in lieu 844
thereof (Effective October 1, 2022): 845
(a) (1) There is established a pretrial impaired driving intervention 846
program for persons charged with a violation of section 14-227a, 847
[section] 14-227g, [section] 14-227m, [section] 14-227n, subsection (d) of 848
section 15-133 or section 15-140n. The program shall consist of a twelve-849
session alcohol education component or a substance use treatment 850
component of not less than fifteen sessions, and may also include a 851
victim impact component, as ordered by the court pursuant to 852
subsection (d) of this section. 853
(2) The provisions of this section shall not apply to any person: 854
(A) Who has been placed in the pretrial impaired driving intervention 855
program under this section or the pretrial alcohol education program 856
established under section 54-56g, within ten years immediately 857
preceding the application; 858
(B) Who has been convicted of a violation of section 14-227a, [section] 859
14-227g, [section] 14-227m, [section] 14-227n, [section] 15-132a, 860
subsection (d) of section 15-133 [,] or section 15-140l, [section] 15-140n, 861
[section] 53a-56b or [section] 53a-60d; 862
(C) Who has been convicted in any other state at any time of an 863
offense the essential elements of which are substantially the same as any 864
statutory provision set forth in subparagraph (B) of this subdivision; 865
(D) Who is charged with a violation of section 14-227a, 14-227g, 14-866 Raised Bill No. 440
LCO No. 3298 28 of 33
227m or 14-227n (i) and held a commercial driver's license or 867
commercial driver's instruction permit at the time of the violation; or (ii) 868
while operating a commercial motor vehicle, as defined in section 14-1; 869
or 870
(3) Whose alleged violation caused the serious physical injury, as 871
defined in section 53a-3, of another person, unless good cause is shown. 872
Sec. 36. Subdivision (1) of subsection (m) of section 54-56r of the 2022 873
supplement to the general statutes is repealed and the following is 874
substituted in lieu thereof (Effective October 1, 2022): 875
(m) (1) Any person whose participation in the program is terminated 876
may ask the court to reinstate such person into the program up to two 877
times. If a person requests reinstatement into the program, the Court 878
Support Services Division shall verify that such person is eligible for 879
such reinstatement. If a person requesting reinstatement into the 880
program is eligible for reinstatement, the court may [, in its discretion,] 881
grant such person reinstatement into the program. When granting such 882
reinstatement, the court shall order the defendant to participate in an 883
appropriate alcohol education, substance use treatment or victim impact 884
component of the program. 885
Sec. 37. Subdivision (2) of subsection (o) of section 54-56r of the 2022 886
supplement to the general statutes is repealed and the following is 887
substituted in lieu thereof (Effective October 1, 2022): 888
(2) For any person charged with a violation of section 14-227a, 889
[section] 14-227g, [section] 14-227m or [section] 14-227n whose charges 890
were dismissed pursuant to the provisions of this section, the division 891
shall transmit to the Department of Motor Vehicles the record of such 892
person's participation in the program. The Department of Motor 893
Vehicles shall maintain the record of any person's participation in such 894
program as part of such person's driving record for a period of ten years. 895
Sec. 38. Subsections (a) and (b) of section 54-64a of the 2022 896
supplement to the general statutes are repealed and the following is 897 Raised Bill No. 440
LCO No. 3298 29 of 33
substituted in lieu thereof (Effective October 1, 2022): 898
(a) (1) Except as provided in subdivision (2) of this subsection and 899
subsection (b) of this section, when any arrested person is presented 900
before the Superior Court, said court shall, in bailable offenses, 901
promptly order the release of such person upon the first of the following 902
conditions of release found sufficient to reasonably ensure the 903
appearance of the arrested person in court: (A) Upon execution of a 904
written promise to appear without special conditions, (B) upon 905
execution of a written promise to appear with nonfinancial conditions, 906
(C) upon execution of a bond without surety in no greater amount than 907
necessary, or (D) upon execution of a bond with surety in no greater 908
amount than necessary, but in no event shall a judge prohibit a bond 909
from being posted by surety. In addition to or in conjunction with any 910
of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 911
this subdivision the court may, when it has reason to believe that the 912
person is drug-dependent and where necessary, reasonable and 913
appropriate, order the person to submit to a urinalysis drug test and to 914
participate in a program of periodic drug testing and treatment. The 915
results of any such drug test shall not be admissible in any criminal 916
proceeding concerning such person. 917
(2) If the arrested person is charged with no offense other than a 918
misdemeanor, the court shall not impose financial conditions of release 919
on the person unless (A) the person is charged with a family violence 920
crime, as defined in section 46b-38a, or (B) the person requests such 921
financial conditions, or (C) the court makes a finding on the record that 922
there is a likely risk that (i) the arrested person will fail to appear in 923
court, as required, or (ii) the arrested person will obstruct or attempt to 924
obstruct justice, or threaten, injure or intimidate or attempt to threaten, 925
injure or intimidate a prospective witness or juror, or (iii) the arrested 926
person will engage in conduct that threatens the safety of himself or 927
herself or another person. In making a finding described in this 928
subsection, the court may consider past criminal history, including any 929
prior record of failing to appear as required in court that resulted in any 930
conviction for a violation of section 53a-172 or any conviction during the 931 Raised Bill No. 440
LCO No. 3298 30 of 33
previous ten years for a violation of section 53a-173 and any other 932
pending criminal cases of the person charged with a misdemeanor. 933
(3) The court may, in determining what conditions of release will 934
reasonably ensure the appearance of the arrested person in court, 935
consider the following factors: (A) The nature and circumstances of the 936
offense, (B) such person's record of previous convictions, (C) such 937
person's past record of appearance in court, (D) such person's family 938
ties, (E) such person's employment record, (F) such person's financial 939
resources, character and mental condition, (G) such person's community 940
ties, and (H) in the case of a violation of section 53a-222a when the 941
condition of release was issued for a family violence crime, as defined 942
in section 46b-38a, the heightened risk posed to victims of family 943
violence by violations of conditions of release. 944
(b) (1) When any arrested person charged with the commission of a 945
class A felony, a class B felony, except a violation of section 53a-86 or 946
53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or 947
53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 948
section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, 949
or a family violence crime, as defined in section 46b-38a, is presented 950
before the Superior Court, said court shall, in bailable offenses, 951
promptly order the release of such person upon the first of the following 952
conditions of release found sufficient to reasonably ensure the 953
appearance of the arrested person in court and that the safety of any 954
other person will not be endangered: (A) Upon such person's execution 955
of a written promise to appear without special conditions, (B) upon such 956
person's execution of a written promise to appear with nonfinancial 957
conditions, (C) upon such person's execution of a bond without surety 958
in no greater amount than necessary, or (D) upon such person's 959
execution of a bond with surety in no greater amount than necessary, 960
but in no event shall a judge prohibit a bond from being posted by 961
surety. In addition to or in conjunction with any of the conditions 962
enumerated in subparagraphs (A) to (D), inclusive, of this subdivision, 963
the court may, when it has reason to believe that the person is drug-964
dependent and where necessary, reasonable and appropriate, order the 965 Raised Bill No. 440
LCO No. 3298 31 of 33
person to submit to a urinalysis drug test and to participate in a program 966
of periodic drug testing and treatment. The results of any such drug test 967
shall not be admissible in any criminal proceeding concerning such 968
person. 969
(2) The court may, in determining what conditions of release will 970
reasonably ensure the appearance of the arrested person in court and 971
that the safety of any other person will not be endangered, consider the 972
following factors: (A) The nature and circumstances of the offense, (B) 973
such person's record of previous convictions, (C) such person's past 974
record of appearance in court after being admitted to bail, (D) such 975
person's family ties, (E) such person's employment record, (F) such 976
person's financial resources, character and mental condition, (G) such 977
person's community ties, (H) the number and seriousness of charges 978
pending against the arrested person, (I) the weight of the evidence 979
against the arrested person, (J) the arrested person's history of violence, 980
(K) whether the arrested person has previously been convicted of 981
similar offenses while released on bond, (L) the likelihood based upon 982
the expressed intention of the arrested person that such person will 983
commit another crime while released, and (M) the heightened risk 984
posed to victims of family violence by violations of conditions of release 985
and court orders of protection. 986
(3) When imposing conditions of release under this subsection, the 987
court shall state for the record any factors under subdivision (2) of this 988
subsection that it considered and the findings that it made as to the 989
danger, if any, that the arrested person might pose to the safety of any 990
other person upon the arrested person's release that caused the court to 991
impose the specific conditions of release that it imposed. 992
Sec. 39. Subdivision (1) of section 54-125j of the 2022 supplement to 993
the general statutes is repealed and the following is substituted in lieu 994
thereof (Effective October 1, 2022): 995
(1) Outcomes of preliminary hearings, including whether (A) 996
probable cause of a parole violation was found and that the alleged 997 Raised Bill No. 440
LCO No. 3298 32 of 33
violation was serious enough to warrant revocation of parole, (B) 998
probable cause of a parole violation was found, but the alleged violation 999
was not serious enough to warrant revocation of parole, and (C) no 1000
probable cause of a parole violation was found; 1001
Sec. 40. Section 54-142d of the 2022 supplement to the general 1002
statutes, as amended by section 4 of public act 21-32, is repealed and the 1003
following is substituted in lieu thereof (Effective January 1, 2023): 1004
Whenever any person has been convicted of an offense in any court 1005
in this state and such offense has been decriminalized subsequent to the 1006
date of such conviction, such person may file a petition with the 1007
[superior court] Superior Court at the location in which such conviction 1008
was effected, or with the [superior court] Superior Court at the location 1009
having custody of the records of such conviction if such conviction was 1010
in the Court of Common Pleas, Circuit Court, municipal court or by a 1011
trial justice, in the Superior Court where venue would currently exist for 1012
criminal prosecution, for an order of erasure, and the Superior Court 1013
shall immediately direct all police and court records and records of the 1014
state's or prosecuting attorney pertaining to such offense to be 1015
physically destroyed. 1016
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 3-129f(e)
Sec. 2 October 1, 2022 4-142a(a)(1)
Sec. 3 October 1, 2022 4-160(a)
Sec. 4 October 1, 2022 4-160(f)
Sec. 5 October 1, 2022 4-190
Sec. 6 October 1, 2022 7-51a(a)
Sec. 7 January 1, 2023 8-265c
Sec. 8 October 1, 2022 22-4c(a)
Sec. 9 October 1, 2022 27-103(c)(2)
Sec. 10 October 1, 2022 30-89(a)
Sec. 11 October 1, 2022 31-232c
Sec. 12 October 1, 2022 31-232h
Sec. 13 October 1, 2022 31-232i Raised Bill No. 440
LCO No. 3298 33 of 33
Sec. 14 October 1, 2022 31-236(a)(9)
Sec. 15 October 1, 2022 31-237d(b)
Sec. 16 October 1, 2022 31-374(f)(1)
Sec. 17 October 1, 2022 45a-186b
Sec. 18 October 1, 2022 45a-604(2)
Sec. 19 October 1, 2022 46a-54(15)
Sec. 20 January 1, 2023 46a-79
Sec. 21 October 1, 2022 46a-170(b)
Sec. 22 October 1, 2022 46b-1(b)
Sec. 23 June 1, 2022 46b-15e(a)
Sec. 24 October 1, 2022 46b-16a(b)
Sec. 25 October 1, 2022 46b-231(m)(5)
Sec. 26 October 1, 2022 46b-231(s)(4) and (5)
Sec. 27 October 1, 2022 46b-461(e)
Sec. 28 October 1, 2022 46b-489(e)
Sec. 29 October 1, 2022 46b-490(b)
Sec. 30 October 1, 2022 51-217(c)
Sec. 31 October 1, 2022 51-277a(a)
Sec. 32 October 1, 2022 54-56e(c)
Sec. 33 October 1, 2022 54-56k(b)
Sec. 34 October 1, 2022 54-56q(c)(1)
Sec. 35 October 1, 2022 54-56r(a)
Sec. 36 October 1, 2022 54-56r(m)(1)
Sec. 37 October 1, 2022 54-56r(o)(2)
Sec. 38 October 1, 2022 54-64a(a) and (b)
Sec. 39 October 1, 2022 54-125j(1)
Sec. 40 January 1, 2023 54-142d
Statement of Purpose:
To make various technical changes concerning grammar, clarity and
accuracy of internal references and consistency in the general statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
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