CT
Connecticut Senate Bill SB00440

Connecticut 2022 Regular Session

Connecticut Senate Bill SB00440 Compare Versions

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7+General Assembly Raised Bill No. 440
8+February Session, 2022
9+LCO No. 3298
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12+Referred to Committee on JUDICIARY
13+
14+
15+Introduced by:
16+(JUD)
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4-Senate Bill No. 440
5-
6-Public Act No. 22-37
7-
8-
9-AN ACT CONCERNING THE REVISOR'S TECHNICAL
10-CORRECTIONS TO THE GENERAL STATUTES.
20+AN ACT CONCERNING THE REVISOR'S TECHNICAL CORRECTIONS
21+TO THE GENERAL STATUTES.
1122 Be it enacted by the Senate and House of Representatives in General
1223 Assembly convened:
1324
14-Section 1. Subsection (e) of section 3-129f of the 2022 supplement to
15-the general statutes is repealed and the following is substituted in lieu
16-thereof (Effective October 1, 2022):
17-(e) Nothing in this section shall permit the Attorney General to assert
18-any claim against a state agency or a state officer or state employee in
19-such officer's or employee's official capacity, regarding actions or
20-omissions of such state agency, state officer or state employee. If the
21-Attorney General determines that a state officer or state employee is not
22-entitled to indemnification under section 5-141d, the Attorney General
23-may, as it relates to such officer or employee, take any action authorized
24-under this section.
25-Sec. 2. Subdivision (1) of subsection (a) of section 4-142a of the 2022
26-supplement to the general statutes is repealed and the following is
27-substituted in lieu thereof (Effective October 1, 2022):
28-(a) (1) The Claims Commissioner shall be appointed by the Governor
29-with the advice and consent of the General Assembly to serve for a term
30-of four years from the first day in July in the year of his or her Senate Bill No. 440
25+Section 1. Subsection (e) of section 3-129f of the 2022 supplement to 1
26+the general statutes is repealed and the following is substituted in lieu 2
27+thereof (Effective October 1, 2022): 3
28+(e) Nothing in this section shall permit the Attorney General to assert 4
29+any claim against a state agency or a state officer or state employee in 5
30+such officer's or employee's official capacity, regarding actions or 6
31+omissions of such state agency, state officer or state employee. If the 7
32+Attorney General determines that a state officer or state employee is not 8
33+entitled to indemnification under section 5-141d, the Attorney General 9
34+may, as it relates to such officer or employee, take any action authorized 10
35+under this section. 11
36+Sec. 2. Subdivision (1) of subsection (a) of section 4-142a of the 2022 12
37+supplement to the general statutes is repealed and the following is 13
38+substituted in lieu thereof (Effective October 1, 2022): 14 Raised Bill No. 440
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32-Public Act No. 22-37 2 of 34
3340
34-appointment and until his or her successor has been appointed and has
35-qualified. The Claims Commissioner shall be an attorney-at-law and
36-shall have been admitted to practice before the courts of the state of
37-Connecticut for at least five years prior to his or her appointment. The
38-Claims Commissioner serving on June 28, 2021, may continue to serve
39-until the expiration of his or her term. On and after June 28, 2021, each
40-nomination for appointment as Claims Commissioner by the Governor
41-shall be referred, without debate, to the joint standing committee of the
42-General Assembly having cognizance of matters relating to the
43-judiciary, which shall report on each appointment not later than thirty
44-days after the date of reference. Each appointment by the General
45-Assembly of the Claims Commissioner shall be by concurrent
46-resolution.
47-Sec. 3. Subsection (a) of section 4-160 of the 2022 supplement to the
48-general statutes is repealed and the following is substituted in lieu
49-thereof (Effective October 1, 2022):
50-(a) Whenever the Claims Commissioner deems it just and equitable,
51-the Claims Commissioner may authorize suit against the state on any
52-claim which, in the opinion of the Claims Commissioner, presents an
53-issue of law or fact under which the state, were it a private person, could
54-be liable. The Claims Commissioner may grant permission to sue for a
55-claim that exclusively seeks permission to sue the state based solely on
56-the notice of claim or any supporting evidence submitted pursuant to
57-section 4-147, or both, without holding a hearing, upon the filing by the
58-attorney or pro se claimant of (1) a motion for approval to assert a claim
59-without a hearing, requesting a ruling based solely on the notice of the
60-claim and any supporting evidence submitted under the provisions of
61-this chapter, and (2) an affidavit attesting to the validity of a claim. Such
62-affidavit [,] shall be signed, notarized and filed by both the attorney and
63-claimant or a pro se claimant, attesting to the following, in the following
64-form: "I have made a reasonable inquiry, as permitted by the Senate Bill No. 440
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45+(a) (1) The Claims Commissioner shall be appointed by the Governor 15
46+with the advice and consent of the General Assembly to serve for a term 16
47+of four years from the first day in July in the year of his or her 17
48+appointment and until his or her successor has been appointed and has 18
49+qualified. The Claims Commissioner shall be an attorney-at-law and 19
50+shall have been admitted to practice before the courts of the state of 20
51+Connecticut for at least five years prior to his or her appointment. The 21
52+Claims Commissioner serving on June 28, 2021, may continue to serve 22
53+until the expiration of his or her term. On and after June 28, 2021, each 23
54+nomination for appointment as Claims Commissioner by the Governor 24
55+shall be referred, without debate, to the joint standing committee of the 25
56+General Assembly having cognizance of matters relating to the 26
57+judiciary, which shall report on each appointment not later than thirty 27
58+days after the date of reference. Each appointment by the General 28
59+Assembly of the Claims Commissioner shall be by concurrent 29
60+resolution. 30
61+Sec. 3. Subsection (a) of section 4-160 of the 2022 supplement to the 31
62+general statutes is repealed and the following is substituted in lieu 32
63+thereof (Effective October 1, 2022): 33
64+(a) Whenever the Claims Commissioner deems it just and equitable, 34
65+the Claims Commissioner may authorize suit against the state on any 35
66+claim which, in the opinion of the Claims Commissioner, presents an 36
67+issue of law or fact under which the state, were it a private person, could 37
68+be liable. The Claims Commissioner may grant permission to sue for a 38
69+claim that exclusively seeks permission to sue the state based solely on 39
70+the notice of claim or any supporting evidence submitted pursuant to 40
71+section 4-147, or both, without holding a hearing, upon the filing by the 41
72+attorney or pro se claimant of (1) a motion for approval to assert a claim 42
73+without a hearing, requesting a ruling based solely on the notice of the 43
74+claim and any supporting evidence submitted under the provisions of 44
75+this chapter, and (2) an affidavit attesting to the validity of a claim. Such 45
76+affidavit [,] shall be signed, notarized and filed by both the attorney and 46
77+claimant or a pro se claimant, attesting to the following, in the following 47 Raised Bill No. 440
6778
68-circumstances, which has given rise to a good faith belief that grounds
69-exist for a suit against the state. Such inquiry includes [,] (provide a brief
70-description of the inquiry made)". The claimant shall serve any motion
71-for approval and affidavit on the office of the Attorney General and any
72-state agency that is a subject of the claim. The state may file an
73-opposition to the motion for approval and the affidavit not later than
74-thirty days after such service of the motion and affidavit. Such
75-opposition shall be limited to opposition of the claim based solely on
76-jurisdictional grounds, including pursuant to section 4-142, or
77-subsection (a) of section 4-148, or prosecutorial, judicial, quasi-judicial
78-or legislative immunity.
79-Sec. 4. Subsection (f) of section 4-160 of the 2022 supplement to the
80-general statutes is repealed and the following is substituted in lieu
81-thereof (Effective October 1, 2022):
82-(f) In any claim alleging malpractice against the state, a state hospital
83-or against a physician, surgeon, dentist, podiatrist, chiropractor or other
84-licensed health care provider employed by the state, the attorney or pro
85-se party filing the claim may submit a certificate of good faith to the
86-Office of the Claims Commissioner in accordance with section 52-190a.
87-If such a certificate is submitted, permission to sue the state shall be
88-deemed granted by the Claims Commissioner (1) [upon] on June 28,
89-2021, if the certificate has been filed with the Claims Commissioner prior
90-to June 28, 2021, or (2) upon the filing of the certificate with the Office of
91-the Claims Commissioner, if such certificate is filed on or after June 28,
92-2021. In lieu of filing a notice of claim pursuant to section 4-147, a
93-claimant may commence a medical malpractice action against the state
94-prior to the expiration of the limitation period set forth in section 4-148
95-and authorization for such action against the state shall be deemed
96-granted. Any such action shall be limited to medical malpractice claims
97-only and any such action shall be deemed a suit otherwise authorized
98-by law in accordance with subsection (a) of section 4-142. The provisions Senate Bill No. 440
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102-of this subsection shall apply to any claim alleging malpractice against
103-the state that was timely filed with the Claims Commissioner and
104-remains pending with said commissioner, regardless of whether such
105-claim was filed before, on or after October 1, 2019.
106-Sec. 5. Section 4-190 of the 2022 supplement to the general statutes is
107-repealed and the following is substituted in lieu thereof (Effective October
108-1, 2022):
109-As used in this chapter:
110-(1) "Agency" means each state or municipal board, commission,
111-department or officer, other than the legislature, courts, Governor,
112-Lieutenant Governor, Attorney General or town or regional boards of
113-education, which maintains a personal data system.
114-(2) "Attorney" means an attorney at law empowered by a person to
115-assert the confidentiality of or right of access to personal data under this
116-chapter.
117-(3) "Authorized representative" means a parent, or a guardian or
118-conservator, other than an attorney, appointed to act on behalf of a
119-person and empowered by such person to assert the confidentiality of
120-or right of access to personal data under this chapter.
121-(4) "Automated personal data system" means a personal data system
122-in which data is stored, in whole or part, in a computer or in computer
123-accessible files.
124-(5) "Computer accessible files" means any personal data which is
125-stored on-line or off-line, which can be identified by use of electronic
126-means, including, but not limited to, microfilm and microfilm devices,
127-which includes, but is not limited to, magnetic tape, magnetic film,
128-magnetic disks, magnetic drums, internal memory utilized by any
129-processing device, including computers or telecommunications control Senate Bill No. 440
84+form: "I have made a reasonable inquiry, as permitted by the 48
85+circumstances, which has given rise to a good faith belief that grounds 49
86+exist for a suit against the state. Such inquiry includes [,] (provide a brief 50
87+description of the inquiry made)". The claimant shall serve any motion 51
88+for approval and affidavit on the office of the Attorney General and any 52
89+state agency that is a subject of the claim. The state may file an 53
90+opposition to the motion for approval and the affidavit not later than 54
91+thirty days after such service of the motion and affidavit. Such 55
92+opposition shall be limited to opposition of the claim based solely on 56
93+jurisdictional grounds, including pursuant to section 4-142, or 57
94+subsection (a) of section 4-148, or prosecutorial, judicial, quasi-judicial 58
95+or legislative immunity. 59
96+Sec. 4. Subsection (f) of section 4-160 of the 2022 supplement to the 60
97+general statutes is repealed and the following is substituted in lieu 61
98+thereof (Effective October 1, 2022): 62
99+(f) In any claim alleging malpractice against the state, a state hospital 63
100+or against a physician, surgeon, dentist, podiatrist, chiropractor or other 64
101+licensed health care provider employed by the state, the attorney or pro 65
102+se party filing the claim may submit a certificate of good faith to the 66
103+Office of the Claims Commissioner in accordance with section 52-190a. 67
104+If such a certificate is submitted, permission to sue the state shall be 68
105+deemed granted by the Claims Commissioner (1) [upon] on June 28, 69
106+2021, if the certificate has been filed with the Claims Commissioner prior 70
107+to June 28, 2021, or (2) upon the filing of the certificate with the Office of 71
108+the Claims Commissioner, if such certificate is filed on or after June 28, 72
109+2021. In lieu of filing a notice of claim pursuant to section 4-147, a 73
110+claimant may commence a medical malpractice action against the state 74
111+prior to the expiration of the limitation period set forth in section 4-148 75
112+and authorization for such action against the state shall be deemed 76
113+granted. Any such action shall be limited to medical malpractice claims 77
114+only and any such action shall be deemed a suit otherwise authorized 78
115+by law in accordance with subsection (a) of section 4-142. The provisions 79
116+of this subsection shall apply to any claim alleging malpractice against 80 Raised Bill No. 440
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133-units, punched cards, optically [scanable] scannable paper or film.
134-(6) "Maintain" means collect, maintain, use or disseminate.
135-(7) "Manual personal data system" means a personal data system
136-other than an automated personal data system.
137-(8) "Person" means an individual of any age concerning whom
138-personal data is maintained in a personal data system, or a person's
139-attorney or authorized representative.
140-(9) "Personal data" means any information about a person's
141-education, finances, medical or emotional condition or history,
142-employment or business history, family or personal relationships,
143-reputation or character which because of name, identifying number,
144-mark or description can be readily associated with a particular person.
145-"Personal data" shall not be construed to make available to a person any
146-record described in subdivision (3) or (18) of subsection (b) of section 1-
147-210.
148-(10) "Personal data system" means a collection of records containing
149-personal data.
150-(11) "Record" means any collection of personal data [, defined in
151-subdivision (9),] which is collected, maintained or disseminated.
152-Sec. 6. Subsection (a) of section 7-51a of the 2022 supplement to the
153-general statutes is repealed and the following is substituted in lieu
154-thereof (Effective October 1, 2022):
155-(a) Any person eighteen years of age or older may purchase certified
156-copies of marriage and death records, and certified copies of records of
157-births or fetal deaths which are at least one hundred years old, in the
158-custody of any registrar of vital statistics. The department may issue
159-uncertified copies of death certificates for deaths occurring less than one Senate Bill No. 440
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123+the state that was timely filed with the Claims Commissioner and 81
124+remains pending with said commissioner, regardless of whether such 82
125+claim was filed before, on or after October 1, 2019. 83
126+Sec. 5. Section 4-190 of the 2022 supplement to the general statutes is 84
127+repealed and the following is substituted in lieu thereof (Effective October 85
128+1, 2022): 86
129+As used in this chapter: 87
130+(1) "Agency" means each state or municipal board, commission, 88
131+department or officer, other than the legislature, courts, Governor, 89
132+Lieutenant Governor, Attorney General or town or regional boards of 90
133+education, which maintains a personal data system. 91
134+(2) "Attorney" means an attorney at law empowered by a person to 92
135+assert the confidentiality of or right of access to personal data under this 93
136+chapter. 94
137+(3) "Authorized representative" means a parent, or a guardian or 95
138+conservator, other than an attorney, appointed to act on behalf of a 96
139+person and empowered by such person to assert the confidentiality of 97
140+or right of access to personal data under this chapter. 98
141+(4) "Automated personal data system" means a personal data system 99
142+in which data is stored, in whole or part, in a computer or in computer 100
143+accessible files. 101
144+(5) "Computer accessible files" means any personal data which is 102
145+stored on-line or off-line, which can be identified by use of electronic 103
146+means, including, but not limited to, microfilm and microfilm devices, 104
147+which includes, but is not limited to, magnetic tape, magnetic film, 105
148+magnetic disks, magnetic drums, internal memory utilized by any 106
149+processing device, including computers or telecommunications control 107
150+units, punched cards, optically [scanable] scannable paper or film. 108
151+(6) "Maintain" means collect, maintain, use or disseminate. 109 Raised Bill No. 440
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163-hundred years ago, and uncertified copies of birth, marriage, death and
164-fetal death certificates for births, marriages, deaths and fetal deaths that
165-occurred at least one hundred years ago, to researchers approved by the
166-department pursuant to section 19a-25, and to state and federal agencies
167-approved by the department. During all normal business hours,
168-members of genealogical societies incorporated or authorized by the
169-Secretary of the State to do business or conduct affairs in this state shall
170-(1) have full access to all vital records in the custody of any registrar of
171-vital statistics, including certificates, ledgers, record books, card files,
172-indexes and database printouts, except for those records containing
173-Social Security numbers protected pursuant to 42 USC 405 (c)(2)(C), and
174-confidential files on adoptions, gender change, surrogacy agreements [,]
175-and parentage, (2) be permitted to make notes from such records, (3) be
176-permitted to purchase certified copies of such records, and (4) be
177-permitted to incorporate statistics derived from such records in the
178-publications of such genealogical societies. For all vital records
179-containing Social Security numbers that are protected from disclosure
180-pursuant to federal law, the Social Security numbers contained on such
181-records shall be redacted from any certified copy of such records issued
182-to a genealogist by a registrar of vital statistics.
183-Sec. 7. Section 8-265c of the 2022 supplement to the general statutes,
184-as amended by section 13 of public act 21-32, is repealed and the
185-following is substituted in lieu thereof (Effective January 1, 2023):
186-The authority shall require that occupancy of all housing financed or
187-otherwise assisted under this chapter be open to all persons regardless
188-of race, creed, color, national origin or ancestry, sex, [or] gender identity
189-or expression or erased criminal history record information, as defined
190-in section 46a-80a, and that the contractors and subcontractors engaged
191-in the construction or rehabilitation of such housing shall take
192-affirmative action to provide equal opportunity for employment
193-without discrimination as to race, creed, color, national origin or Senate Bill No. 440
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197-ancestry, sex, gender identity or expression or erased criminal history
198-record information.
199-Sec. 8. Subsection (a) of section 22-4c of the 2022 supplement to the
200-general statutes is repealed and the following is substituted in lieu
201-thereof (Effective October 1, 2022):
202-(a) The Commissioner of Agriculture may: (1) Adopt, amend or
203-repeal, in accordance with the provisions of chapter 54, such standards,
204-criteria and regulations, and such procedural regulations as are
205-necessary and proper to carry out the commissioner's functions, powers
206-and duties; (2) enter into contracts with any person, firm, corporation or
207-association to do all things necessary or convenient to carry out the
208-functions, powers and duties of the department; (3) initiate and receive
209-complaints as to any actual or suspected violation of any statute,
210-regulation, permit or order administered, adopted or issued by the
211-commissioner. The commissioner may hold hearings, administer oaths,
212-take testimony and subpoena witnesses and evidence, enter orders and
213-institute legal proceedings including, but not limited to, suits for
214-injunctions and for the enforcement of any statute, regulation, order or
215-permit administered, adopted or issued by the commissioner. The
216-commissioner, or the commissioner's agent, may issue a citation in
217-accordance with section 51-164n for any infraction or violation
218-established in any provision of the general statutes that is under the
219-commissioner's authority; (4) provide an advisory opinion, upon
220-request of any municipality, state agency, tax assessor or any landowner
221-as to what constitutes agriculture or farming pursuant to subsection (q)
222-of section 1-1, or regarding classification of land as farm land or open
223-space land pursuant to sections 12-107b to 12-107f, inclusive; (5) in
224-accordance with constitutional limitations, enter at all reasonable times,
225-without liability, upon any public or private property, except a private
226-residence, for the purpose of inspection and investigation to ascertain
227-possible violations of any statute, regulation, order or permit Senate Bill No. 440
158+(7) "Manual personal data system" means a personal data system 110
159+other than an automated personal data system. 111
160+(8) "Person" means an individual of any age concerning whom 112
161+personal data is maintained in a personal data system, or a person's 113
162+attorney or authorized representative. 114
163+(9) "Personal data" means any information about a person's 115
164+education, finances, medical or emotional condition or history, 116
165+employment or business history, family or personal relationships, 117
166+reputation or character which because of name, identifying number, 118
167+mark or description can be readily associated with a particular person. 119
168+"Personal data" shall not be construed to make available to a person any 120
169+record described in subdivision (3) or (18) of subsection (b) of section 1-121
170+210. 122
171+(10) "Personal data system" means a collection of records containing 123
172+personal data. 124
173+(11) "Record" means any collection of personal data [, defined in 125
174+subdivision (9),] which is collected, maintained or disseminated. 126
175+Sec. 6. Subsection (a) of section 7-51a of the 2022 supplement to the 127
176+general statutes is repealed and the following is substituted in lieu 128
177+thereof (Effective October 1, 2022): 129
178+(a) Any person eighteen years of age or older may purchase certified 130
179+copies of marriage and death records, and certified copies of records of 131
180+births or fetal deaths which are at least one hundred years old, in the 132
181+custody of any registrar of vital statistics. The department may issue 133
182+uncertified copies of death certificates for deaths occurring less than one 134
183+hundred years ago, and uncertified copies of birth, marriage, death and 135
184+fetal death certificates for births, marriages, deaths and fetal deaths that 136
185+occurred at least one hundred years ago, to researchers approved by the 137
186+department pursuant to section 19a-25, and to state and federal agencies 138
187+approved by the department. During all normal business hours, 139
188+members of genealogical societies incorporated or authorized by the 140 Raised Bill No. 440
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231-administered, adopted or issued by the commissioner and the owner,
232-managing agent or occupant of any such property shall permit such
233-entry, and no action for trespass shall lie against the commissioner for
234-such entry, or the commissioner may apply to any court having criminal
235-jurisdiction for a warrant to inspect such premises to determine
236-compliance with any statute, regulation, order or permit or methods of
237-manufacture or production ascertained by the commissioner during, or
238-as a result of, any inspection, investigation or hearing; (6) undertake any
239-studies, inquiries, surveys or analyses the commissioner may deem
240-relevant, through the personnel of the department or in cooperation
241-with any public or private agency, to accomplish the functions, powers
242-and duties of the commissioner; (7) require the posting of sufficient
243-performance bond or other security to assure compliance with any
244-permit or order; (8) provide by notice printed on any form that any false
245-statement made thereon or pursuant thereto is punishable as a criminal
246-offense under section 53a-157b; and (9) by regulations adopted in
247-accordance with the provisions of chapter 54, require the payment of a
248-fee sufficient to cover the reasonable cost of acting upon an application
249-for and monitoring compliance with the terms and conditions of any
250-state or federal permit, license, registration, order, certificate or
251-approval. Such costs may include, but are not limited to, the costs of (A)
252-public notice, (B) reviews, inspections and testing incidental to the
253-issuance of and monitoring of compliance with such permits, licenses,
254-orders, certificates and approvals, and (C) surveying and staking
255-boundary lines. The applicant shall pay the fee established in
256-accordance with the provisions of this section prior to the final decision
257-of the commissioner on the application. The commissioner may
258-postpone review of an application until receipt of the payment.
259-Sec. 9. Subdivision (2) of subsection (c) of section 27-103 of the 2022
260-supplement to the general statutes is repealed and the following is
261-substituted in lieu thereof (Effective October 1, 2022): Senate Bill No. 440
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195+Secretary of the State to do business or conduct affairs in this state shall 141
196+(1) have full access to all vital records in the custody of any registrar of 142
197+vital statistics, including certificates, ledgers, record books, card files, 143
198+indexes and database printouts, except for those records containing 144
199+Social Security numbers protected pursuant to 42 USC 405 (c)(2)(C), and 145
200+confidential files on adoptions, gender change, surrogacy agreements [,] 146
201+and parentage, (2) be permitted to make notes from such records, (3) be 147
202+permitted to purchase certified copies of such records, and (4) be 148
203+permitted to incorporate statistics derived from such records in the 149
204+publications of such genealogical societies. For all vital records 150
205+containing Social Security numbers that are protected from disclosure 151
206+pursuant to federal law, the Social Security numbers contained on such 152
207+records shall be redacted from any certified copy of such records issued 153
208+to a genealogist by a registrar of vital statistics. 154
209+Sec. 7. Section 8-265c of the 2022 supplement to the general statutes, 155
210+as amended by section 13 of public act 21-32, is repealed and the 156
211+following is substituted in lieu thereof (Effective January 1, 2023): 157
212+The authority shall require that occupancy of all housing financed or 158
213+otherwise assisted under this chapter be open to all persons regardless 159
214+of race, creed, color, national origin or ancestry, sex, [or] gender identity 160
215+or expression or erased criminal history record information, as defined 161
216+in section 46a-80a, and that the contractors and subcontractors engaged 162
217+in the construction or rehabilitation of such housing shall take 163
218+affirmative action to provide equal opportunity for employment 164
219+without discrimination as to race, creed, color, national origin or 165
220+ancestry, sex, gender identity or expression or erased criminal history 166
221+record information. 167
222+Sec. 8. Subsection (a) of section 22-4c of the 2022 supplement to the 168
223+general statutes is repealed and the following is substituted in lieu 169
224+thereof (Effective October 1, 2022): 170
225+(a) The Commissioner of Agriculture may: (1) Adopt, amend or 171
226+repeal, in accordance with the provisions of chapter 54, such standards, 172 Raised Bill No. 440
264227
265-(2) All initial appointments to the board shall be made not later than
266-December 1, 2021, and shall terminate on November [31] 30, 2023, or
267-November [31] 30, 2024, as applicable, regardless of when the initial
268-appointment was made. Any member of the board may serve more than
269-one term.
270-Sec. 10. Subsection (a) of section 30-89 of the 2022 supplement to the
271-general statutes is repealed and the following is substituted in lieu
272-thereof (Effective October 1, 2022):
273-(a) Any person to whom the sale of alcoholic liquor is by law
274-forbidden who purchases or attempts to purchase such liquor or who
275-makes any false statement for the purpose of procuring such liquor shall
276-be fined not less than two hundred dollars or more than five hundred
277-dollars.
278-Sec. 11. Section 31-232c of the general statutes is repealed and the
279-following is substituted in lieu thereof (Effective October 1, 2022):
280-Except when the result would be inconsistent with the other
281-provisions of subsection (d) of section 31-222 and sections 31-231b, 31-
282-232b to 31-232k, inclusive, [31-236(a)(8)] subdivision (8) of subsection (a)
283-of section 31-236 and section 31-250, as provided in the regulations of
284-the administrator, the provisions of this chapter, which apply to claims
285-for, or the payment of, regular benefits, including benefits for partial
286-unemployment, shall apply to claims for, and the payment of, extended
287-benefits.
288-Sec. 12. Section 31-232h of the general statutes is repealed and the
289-following is substituted in lieu thereof (Effective October 1, 2022):
290-No individual shall receive both extended benefits and additional
291-benefits during or in respect to the same week. An individual may
292-become eligible to receive additional benefits under section 31-232a with
293-respect to a week of unemployment only if he is not eligible to receive Senate Bill No. 440
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297-extended benefits under subsection (d) of section 31-222 and sections 31-
298-231b, 31-232b to 31-232k, inclusive, [31-236(a)(8)] subdivision (8) of
299-subsection (a) of section 31-236 and section 31-250 with respect to such
300-week.
301-Sec. 13. Section 31-232i of the general statutes is repealed and the
302-following is substituted in lieu thereof (Effective October 1, 2022):
303-In the administration of the provisions of subsection (d) of section 31-
304-222 and sections 31-231b, 31-232b to 31-232k, inclusive, [31-236(a)(8)]
305-subdivision (8) of subsection (a) of section 31-236 and section 31-250,
306-which are enacted to conform with the requirements of the Federal-State
307-Extended Unemployment Compensation Act of 1970, the administrator
308-shall take such action as may be necessary (1) to ensure that the
309-provisions are so interpreted and applied as to meet the requirements
310-of such federal act as interpreted by the United States Department of
311-Labor, and (2) to secure to this state the full reimbursement of the federal
312-share of extended benefits paid under said sections that are
313-reimbursable under the federal act.
314-Sec. 14. Subdivision (9) of subsection (a) of section 31-236 of the 2022
315-supplement to the general statutes is repealed and the following is
316-substituted in lieu thereof (Effective October 1, 2022):
317-(9) If the administrator finds that the individual has retired and that
318-such retirement was voluntary, until the individual has again become
319-employed and has been paid wages in an amount required as a
320-condition of eligibility as set forth in subdivision (3) of subsection (a) of
321-section 31-235; except that the individual is not ineligible on account of
322-such retirement if the administrator finds (A) that the individual has
323-retired because (i) such individual's work has become unsuitable
324-considering such individual's physical condition and the degree of risk
325-to such individual's health and safety, and (ii) such individual has
326-requested of such individual's employer other work that is suitable, and Senate Bill No. 440
233+criteria and regulations, and such procedural regulations as are 173
234+necessary and proper to carry out the commissioner's functions, powers 174
235+and duties; (2) enter into contracts with any person, firm, corporation or 175
236+association to do all things necessary or convenient to carry out the 176
237+functions, powers and duties of the department; (3) initiate and receive 177
238+complaints as to any actual or suspected violation of any statute, 178
239+regulation, permit or order administered, adopted or issued by the 179
240+commissioner. The commissioner may hold hearings, administer oaths, 180
241+take testimony and subpoena witnesses and evidence, enter orders and 181
242+institute legal proceedings including, but not limited to, suits for 182
243+injunctions and for the enforcement of any statute, regulation, order or 183
244+permit administered, adopted or issued by the commissioner. The 184
245+commissioner, or the commissioner's agent, may issue a citation in 185
246+accordance with section 51-164n for any infraction or violation 186
247+established in any provision of the general statutes that is under the 187
248+commissioner's authority; (4) provide an advisory opinion, upon 188
249+request of any municipality, state agency, tax assessor or any landowner 189
250+as to what constitutes agriculture or farming pursuant to subsection (q) 190
251+of section 1-1, or regarding classification of land as farm land or open 191
252+space land pursuant to sections 12-107b to 12-107f, inclusive; (5) in 192
253+accordance with constitutional limitations, enter at all reasonable times, 193
254+without liability, upon any public or private property, except a private 194
255+residence, for the purpose of inspection and investigation to ascertain 195
256+possible violations of any statute, regulation, order or permit 196
257+administered, adopted or issued by the commissioner and the owner, 197
258+managing agent or occupant of any such property shall permit such 198
259+entry, and no action for trespass shall lie against the commissioner for 199
260+such entry, or the commissioner may apply to any court having criminal 200
261+jurisdiction for a warrant to inspect such premises to determine 201
262+compliance with any statute, regulation, order or permit or methods of 202
263+manufacture or production ascertained by the commissioner during, or 203
264+as a result of, any inspection, investigation or hearing; (6) undertake any 204
265+studies, inquiries, surveys or analyses the commissioner may deem 205
266+relevant, through the personnel of the department or in cooperation 206
267+with any public or private agency, to accomplish the functions, powers 207 Raised Bill No. 440
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330-(iii) such individual's employer did not offer such individual such work,
331-or (B) that the individual has been involuntarily retired;
332-Sec. 15. Subsection (b) of section 31-237d of the general statutes is
333-repealed and the following is substituted in lieu thereof (Effective October
334-1, 2022):
335-(b) In any appeal to the board the board or any of its members may
336-hear the appeal, except that the full board shall hear and decide cases
337-requiring the application of [subsection (a)(3)] subdivision (3) of
338-subsection (a) of section 31-236 and cases in which a party has
339-specifically requested in writing a hearing by the full board, provided
340-the decision on all appeals shall be by a majority vote of the full board.
341-The board shall approve or reject, by a majority vote, each request for a
342-hearing before the full board in accordance with the criteria for granting
343-such requests established in regulations adopted pursuant to section 31-
344-237g. In any case before the board, the board may delegate to a referee
345-or other qualified employee of the appeals division the taking or hearing
346-of evidence.
347-Sec. 16. Subdivision (1) of subsection (f) of section 31-374 of the
348-general statutes is repealed and the following is substituted in lieu
349-thereof (Effective October 1, 2022):
350-(f) (1) Any employee or representative of employees who believes
351-that there is a violation of an occupational safety or health standard or
352-that there is an imminent danger of physical harm may request an
353-inspection by giving notice to the commissioner or his authorized
354-representative of such violation or danger. Any such notice shall be
355-reduced to writing and shall set forth with reasonable particularity the
356-grounds for the notice, and shall be signed by the employees or the
357-representative of employees. A copy of such notice shall be provided to
358-the employer or the employer's agent no later than the time of the
359-inspection, provided, upon the request of the person giving such notice, Senate Bill No. 440
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274+and duties of the commissioner; (7) require the posting of sufficient 208
275+performance bond or other security to assure compliance with any 209
276+permit or order; (8) provide by notice printed on any form that any false 210
277+statement made thereon or pursuant thereto is punishable as a criminal 211
278+offense under section 53a-157b; and (9) by regulations adopted in 212
279+accordance with the provisions of chapter 54, require the payment of a 213
280+fee sufficient to cover the reasonable cost of acting upon an application 214
281+for and monitoring compliance with the terms and conditions of any 215
282+state or federal permit, license, registration, order, certificate or 216
283+approval. Such costs may include, but are not limited to, the costs of (A) 217
284+public notice, (B) reviews, inspections and testing incidental to the 218
285+issuance of and monitoring of compliance with such permits, licenses, 219
286+orders, certificates and approvals, and (C) surveying and staking 220
287+boundary lines. The applicant shall pay the fee established in 221
288+accordance with the provisions of this section prior to the final decision 222
289+of the commissioner on the application. The commissioner may 223
290+postpone review of an application until receipt of the payment. 224
291+Sec. 9. Subdivision (2) of subsection (c) of section 27-103 of the 2022 225
292+supplement to the general statutes is repealed and the following is 226
293+substituted in lieu thereof (Effective October 1, 2022): 227
294+(2) All initial appointments to the board shall be made not later than 228
295+December 1, 2021, and shall terminate on November [31] 30, 2023, or 229
296+November [31] 30, 2024, as applicable, regardless of when the initial 230
297+appointment was made. Any member of the board may serve more than 231
298+one term. 232
299+Sec. 10. Subsection (a) of section 30-89 of the 2022 supplement to the 233
300+general statutes is repealed and the following is substituted in lieu 234
301+thereof (Effective October 1, 2022): 235
302+(a) Any person to whom the sale of alcoholic liquor is by law 236
303+forbidden who purchases or attempts to purchase such liquor or who 237
304+makes any false statement for the purpose of procuring such liquor shall 238
305+be fined not less than two hundred dollars or more than five hundred 239 Raised Bill No. 440
362306
363-his or her name and the names of individual employees referred to
364-therein shall not appear in such copy or on any record published,
365-released or made available pursuant to subsection (g) of this section.
366-Upon the request of an individual employee whose name is not
367-included in such notice, but who at any time provides information to
368-the commissioner concerning the violation or danger alleged in such
369-notice, the name of such individual employee shall not appear on any
370-record published, released or made available pursuant to subsection (g)
371-of this section. If upon receipt of such notification the commissioner
372-determines there are reasonable grounds to believe that such violation
373-or danger exists, he shall make an inspection in accordance with the
374-provisions of this section as soon as practicable to determine if such
375-violation or danger exists. Such inspection may be limited to the alleged
376-violation or danger. If the commissioner determines there are no
377-reasonable grounds to believe that such violation or danger exists, he
378-shall notify the employer, employee or representative of employees in
379-writing of such determination. Such notification shall not preclude
380-future enforcement action if conditions change.
381-Sec. 17. Section 45a-186b of the 2022 supplement to the general
382-statutes is repealed and the following is substituted in lieu thereof
383-(Effective October 1, 2022):
384-In an appeal taken under section 45a-186 from a matter heard on the
385-record in the Probate Court under section 17a-498, 17a-543, 17a-543a,
386-17a-685 [,] or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section
387-51-72 or 51-73, the Superior Court shall not substitute its judgment for
388-that of the Probate Court as to the weight of the evidence on questions
389-of fact. The Superior Court shall affirm the decision of the Probate Court
390-unless the Superior Court finds that substantial rights of the person
391-appealing have been prejudiced because the findings, inferences,
392-conclusions or decisions are: (1) In violation of the federal or state
393-constitution or the general statutes, (2) in excess of the statutory Senate Bill No. 440
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397-authority of the Probate Court, (3) made on unlawful procedure, (4)
398-affected by other error of law, (5) clearly erroneous in view of the
399-reliable, probative and substantial evidence on the whole record, or (6)
400-arbitrary or capricious or characterized by abuse of discretion or clearly
401-unwarranted exercise of discretion. If the Superior Court finds such
402-prejudice, the Superior Court shall sustain the appeal and, if
403-appropriate, may render a judgment that modifies the Probate Court's
404-order, denial or decree or remand the case to the Probate Court for
405-further proceedings. For the purposes of this section, a remand is a final
406-judgment.
407-Sec. 18. Subdivision (2) of section 45a-604 of the 2022 supplement to
408-the general statutes is repealed and the following is substituted in lieu
409-thereof (Effective October 1, 2022):
410-(2) "Father" means a man who is a parent as defined [by] in section
411-46b-451;
412-Sec. 19. Subdivision (15) of section 46a-54 of the 2022 supplement to
413-the general statutes is repealed and the following is substituted in lieu
414-thereof (Effective October 1, 2022):
415-(15) To require an employer having three or more employees to (A)
416-post in a prominent and accessible location information concerning the
417-illegality of sexual harassment and remedies available to victims of
418-sexual harassment, (B) provide, not later than three months after the
419-employee's start date with the employer, a copy of the information
420-concerning the illegality of sexual harassment and remedies available to
421-victims of sexual harassment to each employee by electronic mail with
422-a subject line that includes the words "Sexual Harassment Policy" or
423-words of similar import, if (i) the employer has provided an electronic
424-mail account to the employee, or (ii) the employee has provided the
425-employer with an electronic mail address, provided if an employer has
426-not provided an electronic mail account to the employee, the employer Senate Bill No. 440
312+dollars. 240
313+Sec. 11. Section 31-232c of the general statutes is repealed and the 241
314+following is substituted in lieu thereof (Effective October 1, 2022): 242
315+Except when the result would be inconsistent with the other 243
316+provisions of subsection (d) of section 31-222 and sections 31-231b, 31-244
317+232b to 31-232k, inclusive, [31-236(a)(8)] subdivision (8) of subsection (a) 245
318+of section 31-236 and section 31-250, as provided in the regulations of 246
319+the administrator, the provisions of this chapter, which apply to claims 247
320+for, or the payment of, regular benefits, including benefits for partial 248
321+unemployment, shall apply to claims for, and the payment of, extended 249
322+benefits. 250
323+Sec. 12. Section 31-232h of the general statutes is repealed and the 251
324+following is substituted in lieu thereof (Effective October 1, 2022): 252
325+No individual shall receive both extended benefits and additional 253
326+benefits during or in respect to the same week. An individual may 254
327+become eligible to receive additional benefits under section 31-232a with 255
328+respect to a week of unemployment only if he is not eligible to receive 256
329+extended benefits under subsection (d) of section 31-222 and sections 31-257
330+231b, 31-232b to 31-232k, inclusive, [31-236(a)(8)] subdivision (8) of 258
331+subsection (a) of section 31-236 and section 31-250 with respect to such 259
332+week. 260
333+Sec. 13. Section 31-232i of the general statutes is repealed and the 261
334+following is substituted in lieu thereof (Effective October 1, 2022): 262
335+In the administration of the provisions of subsection (d) of section 31-263
336+222 and sections 31-231b, 31-232b to 31-232k, inclusive, [31-236(a)(8)] 264
337+subdivision (8) of subsection (a) of section 31-236 and section 31-250, 265
338+which are enacted to conform with the requirements of the Federal-State 266
339+Extended Unemployment Compensation Act of 1970, the administrator 267
340+shall take such action as may be necessary (1) to ensure that the 268
341+provisions are so interpreted and applied as to meet the requirements 269
342+of such federal act as interpreted by the United States Department of 270 Raised Bill No. 440
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428-Public Act No. 22-37 14 of 34
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430-shall post the information concerning the illegality of sexual harassment
431-and remedies available to victims of sexual harassment on the
432-employer's Internet web site, if the employer maintains such an Internet
433-web site. An employer may comply with the requirements of this
434-subparagraph, by providing an employee with the link to the
435-commission's Internet web site concerning the illegality of sexual
436-harassment and the remedies available to victims of sexual harassment
437-by electronic mail, text message or in writing; and (C) provide two hours
438-of training and education to employees within one year of October 1,
439-2019, provided any employer who has provided such training and
440-education to any such employees after October 1, 2018, shall not be
441-required to provide such training and education a second time. An
442-employer having (i) three or more employees, shall provide such
443-training and education to an employee hired on or after October 1, 2019,
444-not later than six months after the date of his or her hire, provided the
445-commission has developed and made available such training and
446-education materials in accordance with the provisions of subdivision (8)
447-of subsection (a) of section 46a-56; or (ii) less than three employees shall
448-provide such training and education to all supervisory employees
449-within one year of October 1, 2019, and to all new supervisory
450-employees within six months of their assumption of a supervisory
451-position, provided any employer who has provided such training and
452-education to any such supervisory employees after October 1, 2018, shall
453-not be required to provide such training and education a second time.
454-Any supervisory employee hired on or after October 1, 2019, by an
455-employer having less than three employees, shall receive such training
456-and education not later than six months after the date of his or her hire,
457-provided the commission has developed and made available such
458-training and education materials in accordance with the provisions of
459-subdivision (8) of subsection (a) of section 46a-56. Such training and
460-education shall include information concerning the federal and state
461-statutory provisions concerning sexual harassment and remedies
462-available to victims of sexual harassment. If an employee has received Senate Bill No. 440
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349+Labor and (2) to secure to this state the full reimbursement of the federal 271
350+share of extended benefits paid under said sections that are 272
351+reimbursable under the federal act. 273
352+Sec. 14. Subdivision (9) of subsection (a) of section 31-236 of the 2022 274
353+supplement to the general statutes is repealed and the following is 275
354+substituted in lieu thereof (Effective October 1, 2022): 276
355+(9) If the administrator finds that the individual has retired and that 277
356+such retirement was voluntary, until the individual has again become 278
357+employed and has been paid wages in an amount required as a 279
358+condition of eligibility as set forth in subdivision (3) of subsection (a) of 280
359+section 31-235; except that the individual is not ineligible on account of 281
360+such retirement if the administrator finds (A) that the individual has 282
361+retired because (i) such individual's work has become unsuitable 283
362+considering such individual's physical condition and the degree of risk 284
363+to such individual's health and safety, and (ii) such individual has 285
364+requested of such individual's employer other work that is suitable, and 286
365+(iii) such individual's employer did not offer such individual such work, 287
366+or (B) that the individual has been involuntarily retired; 288
367+Sec. 15. Subsection (b) of section 31-237d of the general statutes is 289
368+repealed and the following is substituted in lieu thereof (Effective October 290
369+1, 2022): 291
370+(b) In any appeal to the board the board or any of its members may 292
371+hear the appeal, except that the full board shall hear and decide cases 293
372+requiring the application of [subsection (a)(3)] subdivision (3) of 294
373+subsection (a) of section 31-236 and cases in which a party has 295
374+specifically requested in writing a hearing by the full board, provided 296
375+the decision on all appeals shall be by a majority vote of the full board. 297
376+The board shall approve or reject, by a majority vote, each request for a 298
377+hearing before the full board in accordance with the criteria for granting 299
378+such requests established in regulations adopted pursuant to section 31-300
379+237g. In any case before the board, the board may delegate to a referee 301
380+or other qualified employee of the appeals division the taking or hearing 302 Raised Bill No. 440
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466-in-person training provided by the commission or has taken the no cost
467-online training provided by the commission on its Internet web site in
468-accordance with the provisions of subdivision (8) of subsection (a) of
469-section 46a-56 [,] while employed by a different employer within the two
470-years preceding the date of hire, an employer may consider such prior
471-training to satisfy the training requirements of this [section] subdivision.
472-An employer who is required to provide training under this subdivision
473-shall provide periodic supplemental training that updates all
474-supervisory and nonsupervisory employees on the content of such
475-training and education not less than every ten years. As used in this
476-subdivision, "sexual harassment" has the same meaning as provided in
477-subdivision (8) of subsection (b) of section 46a-60 and "employer"
478-includes the General Assembly and "employee" means any individual
479-employed by an employer, including an individual employed by such
480-individual's parent, spouse or child;
481-Sec. 20. Section 46a-79 of the 2022 supplement to the general statutes,
482-as amended by section 30 of public act 21-32, is repealed and the
483-following is substituted in lieu thereof (Effective January 1, 2023):
484-The General Assembly finds that the public is best protected when
485-criminal offenders are rehabilitated and returned to society prepared to
486-take their places as productive citizens and that the ability of returned
487-offenders to find meaningful employment is directly related to their
488-normal functioning in the community. It is therefore the policy of this
489-state to encourage all employers to give favorable consideration to
490-providing jobs to qualified individuals, including those who may have
491-conviction information, as defined in section 54-142g. Nothing in this
492-section shall be construed to permit any employer to refuse to hire or
493-employ or to bar or to discharge from employment or to discriminate
494-against an individual in compensation or in terms of employment on the
495-basis of [that person's] such individual's erased criminal history record
496-information, as defined in section 46a-80a. Senate Bill No. 440
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500-Sec. 21. Subsection (b) of section 46a-170 of the 2022 supplement to
501-the general statutes is repealed and the following is substituted in lieu
502-thereof (Effective October 1, 2022):
503-(b) The council shall consist of the following members: (1) The Chief
504-State's Attorney, or a designee; (2) the Chief Public Defender, or a
505-designee; (3) the Commissioner of Emergency Services and Public
506-Protection, or the commissioner's designee; (4) the Labor Commissioner,
507-or the commissioner's designee; (5) the Commissioner of Social Services,
508-or the commissioner's designee; (6) the Commissioner of Public Health,
509-or the commissioner's designee; (7) the Commissioner of Mental Health
510-and Addiction Services, or the commissioner's designee; (8) the
511-Commissioner of Children and Families, or the commissioner's
512-designee; (9) the Commissioner of Consumer Protection, or the
513-commissioner's designee; (10) the director of the Basic Training Division
514-of the Police Officer Standards and Training Council, or the director's
515-designee; (11) the Child Advocate, or the Child Advocate's designee;
516-(12) the Victim Advocate, or the Victim Advocate's designee; (13) a
517-chairperson of the Commission on Women, Children, Seniors, Equity
518-and Opportunity, or the chairperson's designee; (14) one representative
519-of the Office of Victim Services of the Judicial Branch appointed by the
520-Chief Court Administrator; (15) a municipal police chief appointed by
521-the Connecticut Police Chiefs Association, or a designee; (16) the
522-Commissioner of Education, or the commissioner's designee; (17) an
523-adult victim of trafficking, appointed by the Governor; (18) a judge of
524-the Superior Court, appointed by the Chief Court Administrator; (19) a
525-state's attorney appointed by the Chief State's Attorney; (20) a public
526-defender appointed by the Chief Public Defender; and (21) fifteen public
527-members appointed as follows: The Governor shall appoint three
528-members, one of whom shall represent victims of commercial
529-exploitation of children, one of whom shall represent sex trafficking
530-victims who are children and one of whom shall represent a coalition of
531-children's advocacy centers and multidisciplinary teams that are Senate Bill No. 440
387+of evidence. 303
388+Sec. 16. Subdivision (1) of subsection (f) of section 31-374 of the 304
389+general statutes is repealed and the following is substituted in lieu 305
390+thereof (Effective October 1, 2022): 306
391+(f) (1) Any employee or representative of employees who believes 307
392+that there is a violation of an occupational safety or health standard or 308
393+that there is an imminent danger of physical harm may request an 309
394+inspection by giving notice to the commissioner or his authorized 310
395+representative of such violation or danger. Any such notice shall be 311
396+reduced to writing and shall set forth with reasonable particularity the 312
397+grounds for the notice, and shall be signed by the employees or the 313
398+representative of employees. A copy of such notice shall be provided to 314
399+the employer or the employer's agent no later than the time of the 315
400+inspection, provided, upon the request of the person giving such notice, 316
401+his or her name and the names of individual employees referred to 317
402+therein shall not appear in such copy or on any record published, 318
403+released or made available pursuant to subsection (g) of this section. 319
404+Upon the request of an individual employee whose name is not 320
405+included in such notice, but who at any time provides information to 321
406+the commissioner concerning the violation or danger alleged in such 322
407+notice, the name of such individual employee shall not appear on any 323
408+record published, released or made available pursuant to subsection (g) 324
409+of this section. If upon receipt of such notification the commissioner 325
410+determines there are reasonable grounds to believe that such violation 326
411+or danger exists, he shall make an inspection in accordance with the 327
412+provisions of this section as soon as practicable to determine if such 328
413+violation or danger exists. Such inspection may be limited to the alleged 329
414+violation or danger. If the commissioner determines there are no 330
415+reasonable grounds to believe that such violation or danger exists, he 331
416+shall notify the employer, employee or representative of employees in 332
417+writing of such determination. Such notification shall not preclude 333
418+future enforcement action if conditions change. 334
419+Sec. 17. Section 45a-186b of the 2022 supplement to the general 335 Raised Bill No. 440
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534421
535-dedicated to serving child abuse victims and their families, the president
536-pro tempore of the Senate shall appoint two members, one of whom
537-shall represent the Connecticut Alliance to End Sexual Violence and one
538-of whom shall represent an organization that provides civil legal
539-services to low-income individuals, the speaker of the House of
540-Representatives shall appoint two members, one of whom shall
541-represent the Connecticut Coalition Against Domestic Violence and one
542-of whom shall represent the Connecticut Lodging Association, the
543-majority leader of the Senate shall appoint two members, one of whom
544-shall represent an organization that deals with behavioral health needs
545-of women and children and one of whom shall represent the
546-Connecticut Coalition to [end] End Homelessness, the majority leader
547-of the House of Representatives shall appoint two members, one of
548-whom shall represent an organization that advocates on social justice
549-and human rights issues and one of whom shall represent the
550-Connecticut Criminal Defense Lawyers Association, the minority leader
551-of the Senate shall appoint two members, one of whom shall represent
552-the Connecticut Immigrant and Refugee Coalition and one of whom
553-shall represent massage therapists, and the minority leader of the House
554-of Representatives shall appoint two members, one of whom shall
555-represent the Motor Transport Association of Connecticut, Inc. and one
556-of whom shall represent an organization that works with adult victims
557-of trafficking.
558-Sec. 22. Subsection (b) of section 46b-1 of the 2022 supplement to the
559-general statutes is repealed and the following is substituted in lieu
560-thereof (Effective October 1, 2022):
561-(b) As used in this title, "domestic violence" means: (1) A continuous
562-threat of present physical pain or physical injury against a family or
563-household member, as defined in section 46b-38a; (2) stalking,
564-including, but not limited to, stalking as described in section 53a-181d,
565-of such family or household member; (3) a pattern of threatening, Senate Bill No. 440
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426+statutes is repealed and the following is substituted in lieu thereof 336
427+(Effective October 1, 2022): 337
428+In an appeal taken under section 45a-186 from a matter heard on the 338
429+record in the Probate Court under section 17a-498, 17a-543, 17a-543a, 339
430+17a-685 [,] or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section 340
431+51-72 or 51-73, the Superior Court shall not substitute its judgment for 341
432+that of the Probate Court as to the weight of the evidence on questions 342
433+of fact. The Superior Court shall affirm the decision of the Probate Court 343
434+unless the Superior Court finds that substantial rights of the person 344
435+appealing have been prejudiced because the findings, inferences, 345
436+conclusions or decisions are: (1) In violation of the federal or state 346
437+constitution or the general statutes, (2) in excess of the statutory 347
438+authority of the Probate Court, (3) made on unlawful procedure, (4) 348
439+affected by other error of law, (5) clearly erroneous in view of the 349
440+reliable, probative and substantial evidence on the whole record, or (6) 350
441+arbitrary or capricious or characterized by abuse of discretion or clearly 351
442+unwarranted exercise of discretion. If the Superior Court finds such 352
443+prejudice, the Superior Court shall sustain the appeal and, if 353
444+appropriate, may render a judgment that modifies the Probate Court's 354
445+order, denial or decree or remand the case to the Probate Court for 355
446+further proceedings. For the purposes of this section, a remand is a final 356
447+judgment. 357
448+Sec. 18. Subdivision (2) of section 45a-604 of the 2022 supplement to 358
449+the general statutes is repealed and the following is substituted in lieu 359
450+thereof (Effective October 1, 2022): 360
451+(2) "Father" means a man who is a parent as defined [by] in section 361
452+46b-451; 362
453+Sec. 19. Subdivision (15) of section 46a-54 of the 2022 supplement to 363
454+the general statutes is repealed and the following is substituted in lieu 364
455+thereof (Effective October 1, 2022): 365
456+(15) To require an employer having three or more employees to (A) 366 Raised Bill No. 440
568457
569-including, but not limited to, a pattern of threatening as described in
570-section 53a-62, of such family or household member or a third party that
571-intimidates such family or household member; or (4) coercive control of
572-such family or household member, which is a pattern of behavior that
573-in purpose or effect unreasonably interferes with a person's free will and
574-personal liberty. "Coercive control" includes, but is not limited to,
575-unreasonably engaging in any of the following:
576-(A) Isolating the family or household member from friends, relatives
577-or other sources of support;
578-(B) Depriving the family or household member of basic necessities;
579-(C) Controlling, regulating or monitoring the family or household
580-member's movements, communications, daily behavior, finances,
581-economic resources or access to services;
582-(D) Compelling the family or household member by force, threat or
583-intimidation, including, but not limited to, threats based on actual or
584-suspected immigration status, to (i) engage in conduct from which such
585-family or household member has a right to abstain, or (ii) abstain from
586-conduct that such family or household member has a right to pursue;
587-(E) Committing or threatening to commit cruelty to animals that
588-intimidates the family or household member; or
589-(F) Forced sex acts, or threats of a sexual nature, including, but not
590-limited to, threatened acts of sexual conduct, threats based on a person's
591-sexuality or threats to release sexual images.
592-Sec. 23. Subsection (a) of section 46b-15e of the 2022 supplement to
593-the general statutes, as amended by section 2 of public act 21-67, is
594-repealed and the following is substituted in lieu thereof (Effective June 1,
595-2022): Senate Bill No. 440
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599-(a) (1) The [office] Office of the Chief Court Administrator shall revise
600-and simplify the process for filing an application for relief under section
601-46b-15. The [office] Office of the Chief Court Administrator shall ensure
602-that any person seeking to file an application for relief is provided with
603-a one-page, plain language explanation of how to apply for relief under
604-section 46b-15.
605-(2) The [office] Office of the Chief Court Administrator shall develop
606-and make available to the public educational materials concerning the
607-risk protection order and warrant processes set forth in section 29-38c
608-relating to a person who poses a risk of imminent personal injury to
609-himself or herself or to another person. The [office] Office of the Chief
610-Court Administrator shall develop and make available to the public in
611-hard copy and electronically on the Internet web site of the Judicial
612-Branch a form to enable a family or household member or medical
613-professional, each as defined in section 29-38c, to apply to have a risk
614-protection order investigation ordered and a one-page, plain language
615-explanation of how to apply for such order. The form shall contain
616-questions designed to solicit information significant to a determination.
617-The public educational materials and form shall prominently advise the
618-applicant that a risk protection order or warrant may be sought through
619-and with the assistance of a municipal or state police agency or a state's
620-attorney's office, and of the benefits of doing so.
621-Sec. 24. Subsection (b) of section 46b-16a of the 2022 supplement to
622-the general statutes is repealed and the following is substituted in lieu
623-thereof (Effective October 1, 2022):
624-(b) The application shall be accompanied by an affidavit made by the
625-applicant under oath that includes a statement of the specific facts that
626-form the basis for relief. If the applicant attests that disclosure of the
627-applicant's location information would jeopardize the health, safety or
628-liberty of the applicant or the applicant's children, the applicant may
629-request, on a form prescribed by the Chief Court Administrator, that his Senate Bill No. 440
463+post in a prominent and accessible location information concerning the 367
464+illegality of sexual harassment and remedies available to victims of 368
465+sexual harassment, (B) provide, not later than three months after the 369
466+employee's start date with the employer, a copy of the information 370
467+concerning the illegality of sexual harassment and remedies available to 371
468+victims of sexual harassment to each employee by electronic mail with 372
469+a subject line that includes the words "Sexual Harassment Policy" or 373
470+words of similar import, if (i) the employer has provided an electronic 374
471+mail account to the employee, or (ii) the employee has provided the 375
472+employer with an electronic mail address, provided if an employer has 376
473+not provided an electronic mail account to the employee, the employer 377
474+shall post the information concerning the illegality of sexual harassment 378
475+and remedies available to victims of sexual harassment on the 379
476+employer's Internet web site, if the employer maintains such an Internet 380
477+web site. An employer may comply with the requirements of this 381
478+subparagraph, by providing an employee with the link to the 382
479+commission's Internet web site concerning the illegality of sexual 383
480+harassment and the remedies available to victims of sexual harassment 384
481+by electronic mail, text message or in writing; and (C) provide two hours 385
482+of training and education to employees within one year of October 1, 386
483+2019, provided any employer who has provided such training and 387
484+education to any such employees after October 1, 2018, shall not be 388
485+required to provide such training and education a second time. An 389
486+employer having (i) three or more employees, shall provide such 390
487+training and education to an employee hired on or after October 1, 2019, 391
488+not later than six months after the date of his or her hire, provided the 392
489+commission has developed and made available such training and 393
490+education materials in accordance with the provisions of subdivision (8) 394
491+of subsection (a) of section 46a-56; or (ii) less than three employees shall 395
492+provide such training and education to all supervisory employees 396
493+within one year of October 1, 2019, and to all new supervisory 397
494+employees within six months of their assumption of a supervisory 398
495+position, provided any employer who has provided such training and 399
496+education to any such supervisory employees after October 1, 2018, shall 400
497+not be required to provide such training and education a second time. 401 Raised Bill No. 440
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633-or her location information not be disclosed. Upon receipt of the
634-application, if the allegations set forth in the affidavit meet the
635-requirements of subsection (a) of this section, the court shall schedule a
636-hearing not later than fourteen days from the date of the application. If
637-a postponement of a hearing on the application is requested by either
638-party, no ex parte order shall be continued except upon agreement of
639-the parties or by order of the court for good cause shown. If the court is
640-closed on the scheduled hearing date, the hearing shall be held on the
641-next day the court is open and any ex parte order that was issued shall
642-remain in effect until the date of such hearing. If the applicant is under
643-eighteen years of age, a parent, guardian or responsible adult who
644-brings the application as next friend of the applicant may not speak on
645-the applicant's behalf at such hearing unless there is good cause shown
646-as to why the applicant is unable to speak on his or her own behalf,
647-except that nothing in this subsection shall preclude such parent,
648-guardian or responsible adult from testifying as a witness at such
649-hearing. If the court finds that there are reasonable grounds to believe
650-that the respondent has committed acts constituting grounds for
651-issuance of an order under this section and will continue to commit such
652-acts, or acts designed to intimidate or retaliate against the applicant, the
653-court, in its discretion, may make such orders as it deems appropriate
654-for the protection of the applicant. If the court finds that there are
655-reasonable grounds to believe that an imminent danger exists to the
656-applicant, the court may issue an ex parte order granting such relief as
657-it deems appropriate. In making such orders, the court, in its discretion,
658-may consider relevant court records if the records are available to the
659-public from a clerk of the Superior Court or on the Judicial Branch's
660-Internet web site. Such orders may include, but are not limited to, an
661-order enjoining the respondent from: (1) Imposing any restraint upon
662-the person or liberty of the applicant; (2) threatening, harassing,
663-assaulting, molesting, sexually assaulting or attacking the applicant;
664-and (3) entering the dwelling of the applicant. Senate Bill No. 440
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504+Any supervisory employee hired on or after October 1, 2019, by an 402
505+employer having less than three employees, shall receive such training 403
506+and education not later than six months after the date of his or her hire, 404
507+provided the commission has developed and made available such 405
508+training and education materials in accordance with the provisions of 406
509+subdivision (8) of subsection (a) of section 46a-56. Such training and 407
510+education shall include information concerning the federal and state 408
511+statutory provisions concerning sexual harassment and remedies 409
512+available to victims of sexual harassment. If an employee has received 410
513+in-person training provided by the commission or has taken the no cost 411
514+online training provided by the commission on its Internet web site in 412
515+accordance with the provisions of subdivision (8) of subsection (a) of 413
516+section 46a-56 [,] while employed by a different employer within the two 414
517+years preceding the date of hire, an employer may consider such prior 415
518+training to satisfy the training requirements of this [section] subdivision. 416
519+An employer who is required to provide training under this subdivision 417
520+shall provide periodic supplemental training that updates all 418
521+supervisory and nonsupervisory employees on the content of such 419
522+training and education not less than every ten years. As used in this 420
523+subdivision, "sexual harassment" has the same meaning as provided in 421
524+subdivision (8) of subsection (b) of section 46a-60 and "employer" 422
525+includes the General Assembly and "employee" means any individual 423
526+employed by an employer, including an individual employed by such 424
527+individual's parent, spouse or child; 425
528+Sec. 20. Section 46a-79 of the 2022 supplement to the general statutes, 426
529+as amended by section 30 of public act 21-32, is repealed and the 427
530+following is substituted in lieu thereof (Effective January 1, 2023): 428
531+The General Assembly finds that the public is best protected when 429
532+criminal offenders are rehabilitated and returned to society prepared to 430
533+take their places as productive citizens and that the ability of returned 431
534+offenders to find meaningful employment is directly related to their 432
535+normal functioning in the community. It is therefore the policy of this 433
536+state to encourage all employers to give favorable consideration to 434 Raised Bill No. 440
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668-Sec. 25. Subdivision (5) of subsection (m) of section 46b-231 of the
669-2022 supplement to the general statutes is repealed and the following is
670-substituted in lieu thereof (Effective October 1, 2022):
671-(5) Venue for proceedings to establish parentage in IV-D support
672-cases shall be in accordance with the provisions of subsection [(d)] (e) of
673-section 46b-461, as amended by this act. The matter shall be heard and
674-determined by a family support magistrate in accordance with the
675-provisions of chapter 815y.
676-Sec. 26. Subdivisions (4) and (5) of subsection (s) of section 46b-231 of
677-the 2022 supplement to the general statutes are repealed and the
678-following is substituted in lieu thereof (Effective October 1, 2022):
679-(4) Review child support orders (A) in non-TFA IV-D support cases
680-(i) at the request of either parent or custodial party subject to a support
681-order, or (ii) upon receipt of information indicating a substantial change
682-in circumstances of any party to the support order, (B) in TFA cases, at
683-the request of the Office of Child Support Services, or (C) as necessary
684-to comply with federal requirements for the child support enforcement
685-program mandated by Title IV-D of the Social Security Act, and initiate
686-an action before a family support magistrate to modify such support
687-order if it is determined upon such review that the order substantially
688-deviates from the child support guidelines established pursuant to
689-section 46b-215a. A requesting party under subparagraph (A)(i) or (B)
690-of this subdivision shall have a right to such review every three years
691-without proving a substantial change in circumstances, but more
692-frequent reviews shall be made only if such requesting party
693-demonstrates a substantial change in circumstances. There shall be a
694-rebuttable presumption that any deviation of less than fifteen per cent
695-from the child support guidelines is not substantial and any deviation
696-of fifteen per cent or more from the guidelines is substantial.
697-Modification may be made of such support order without regard to
698-whether the order was issued before, on or after May 9, 1991. In Senate Bill No. 440
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702-determining whether to modify a child support order based on a
703-substantial deviation from such child support guidelines, consideration
704-shall be given to the division of real and personal property between the
705-parties set forth in any final decree entered pursuant to chapter 815j and
706-the benefits accruing to the child as the result of such division. No order
707-for periodic payment of support may be subject to retroactive
708-modification, except that the family support magistrate may order
709-modification with respect to any period during which there is a pending
710-motion for modification of a support order from the date of service of
711-notice of such pending motion to the opposing party pursuant to section
712-52-50; [.] and
713-(5) In proceedings before the Family Support Magistrate Division
714-under the Uniform Interstate Family Support Act (A) perform clerical,
715-administrative and other nonjudicial functions on behalf of the Family
716-Support Magistrate Division; (B) maintain a registry of support orders
717-and judgments; and (C) assist the IV-D agency in performing its
718-functions under sections 46b-398 to 46b-410, inclusive.
719-Sec. 27. Subsection (e) of section 46b-461 of the 2022 supplement to
720-the general statutes is repealed and the following is substituted in lieu
721-thereof (Effective October 1, 2022):
722-(e) In IV-D support cases, as defined in section 46b-231, as amended
723-by this act, and in petitions brought under sections 46b-301 to 46b-425,
724-inclusive, venue for a proceeding to adjudicate parentage is in the
725-Family Support Magistrate Division serving the judicial district where
726-the parent who gave birth or the alleged parent resides.
727-Sec. 28. Subsection (e) of section 46b-489 of the 2022 supplement to
728-the general statutes is repealed and the following is substituted in lieu
729-thereof (Effective October 1, 2022):
730-(e) A presumption of parentage under subdivision (3) of subsection Senate Bill No. 440
543+providing jobs to qualified individuals, including those who may have 435
544+conviction information, as defined in section 54-142g. Nothing in this 436
545+section shall be construed to permit any employer to refuse to hire or 437
546+employ or to bar or to discharge from employment or to discriminate 438
547+against an individual in compensation or in terms of employment on the 439
548+basis of [that person's] such individual's erased criminal history record 440
549+information, as defined in section 46a-80a. 441
550+Sec. 21. Subsection (b) of section 46a-170 of the 2022 supplement to 442
551+the general statutes is repealed and the following is substituted in lieu 443
552+thereof (Effective October 1, 2022): 444
553+(b) The council shall consist of the following members: (1) The Chief 445
554+State's Attorney, or a designee; (2) the Chief Public Defender, or a 446
555+designee; (3) the Commissioner of Emergency Services and Public 447
556+Protection, or the commissioner's designee; (4) the Labor Commissioner, 448
557+or the commissioner's designee; (5) the Commissioner of Social Services, 449
558+or the commissioner's designee; (6) the Commissioner of Public Health, 450
559+or the commissioner's designee; (7) the Commissioner of Mental Health 451
560+and Addiction Services, or the commissioner's designee; (8) the 452
561+Commissioner of Children and Families, or the commissioner's 453
562+designee; (9) the Commissioner of Consumer Protection, or the 454
563+commissioner's designee; (10) the director of the Basic Training Division 455
564+of the Police Officer Standards and Training Council, or the director's 456
565+designee; (11) the Child Advocate, or the Child Advocate's designee; 457
566+(12) the Victim Advocate, or the Victim Advocate's designee; (13) a 458
567+chairperson of the Commission on Women, Children, Seniors, Equity 459
568+and Opportunity, or the chairperson's designee; (14) one representative 460
569+of the Office of Victim Services of the Judicial Branch appointed by the 461
570+Chief Court Administrator; (15) a municipal police chief appointed by 462
571+the Connecticut Police Chiefs Association, or a designee; (16) the 463
572+Commissioner of Education, or the commissioner's designee; (17) an 464
573+adult victim of trafficking, appointed by the Governor; (18) a judge of 465
574+the Superior Court, appointed by the Chief Court Administrator; (19) a 466
575+state's attorney appointed by the Chief State's Attorney; (20) a public 467 Raised Bill No. 440
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734-(a) of section 46b-488, can be challenged if such other parent openly held
735-out the child as the presumed parent's child due to duress, coercion or
736-threat of harm. Evidence of duress, coercion or threat of harm may
737-include: (1) Whether within the ten-year period preceding the date of
738-the proceeding, the presumed parent: (A) Has been convicted of
739-domestic assault, sexual assault or sexual exploitation of the child or a
740-parent of the child; (B) has been convicted of a family violence crime, as
741-defined in section 46b-38a; (C) is or has been subject to an order of
742-protection pursuant to [sections] section 46b-15, 46b-16a, as amended by
743-this act, 46b-38c [,] or 54-1k; (D) was found to have committed abuse
744-against the child or a parent of the child; or (E) was substantiated for
745-abuse against the child or a parent of the child; (2) a sworn affidavit from
746-a domestic violence counselor or sexual assault counselor, as defined in
747-section 52-146k, provided the person who had confidential
748-communications with the domestic violence counselor or sexual assault
749-counselor has waived the privilege, in which case disclosure shall be
750-made pursuant to section 52-146k; or (3) other credible evidence of
751-abuse against the parent of the child or the child, including, but not
752-limited to, the parent's or child's sworn affidavit or an affidavit from a
753-social service provider, health care provider, clergy person, attorney, or
754-other professional from whom the parent or child sought assistance
755-regarding the abuse.
756-Sec. 29. Subsection (b) of section 46b-490 of the 2022 supplement to
757-the general statutes is repealed and the following is substituted in lieu
758-thereof (Effective October 1, 2022):
759-(b) A parent of the child may use evidence of duress, coercion or
760-threat of harm to contest an allegation that the parent fostered or
761-supported a bonded and dependent relationship as described in
762-subdivision (6) of subsection (a) of this section. Such evidence may
763-include: (1) Whether within a ten-year period preceding the date of the
764-proceeding, the person seeking to be adjudicated a de facto parent: (A) Senate Bill No. 440
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582+defender appointed by the Chief Public Defender; and (21) fifteen public 468
583+members appointed as follows: The Governor shall appoint three 469
584+members, one of whom shall represent victims of commercial 470
585+exploitation of children, one of whom shall represent sex trafficking 471
586+victims who are children and one of whom shall represent a coalition of 472
587+children's advocacy centers and multidisciplinary teams that are 473
588+dedicated to serving child abuse victims and their families, the president 474
589+pro tempore of the Senate shall appoint two members, one of whom 475
590+shall represent the Connecticut Alliance to End Sexual Violence and one 476
591+of whom shall represent an organization that provides civil legal 477
592+services to low-income individuals, the speaker of the House of 478
593+Representatives shall appoint two members, one of whom shall 479
594+represent the Connecticut Coalition Against Domestic Violence and one 480
595+of whom shall represent the Connecticut Lodging Association, the 481
596+majority leader of the Senate shall appoint two members, one of whom 482
597+shall represent an organization that deals with behavioral health needs 483
598+of women and children and one of whom shall represent the 484
599+Connecticut Coalition to [end] End Homelessness, the majority leader 485
600+of the House of Representatives shall appoint two members, one of 486
601+whom shall represent an organization that advocates on social justice 487
602+and human rights issues and one of whom shall represent the 488
603+Connecticut Criminal Defense Lawyers Association, the minority leader 489
604+of the Senate shall appoint two members, one of whom shall represent 490
605+the Connecticut Immigrant and Refugee Coalition and one of whom 491
606+shall represent massage therapists, and the minority leader of the House 492
607+of Representatives shall appoint two members, one of whom shall 493
608+represent the Motor Transport Association of Connecticut, Inc. and one 494
609+of whom shall represent an organization that works with adult victims 495
610+of trafficking. 496
611+Sec. 22. Subsection (b) of section 46b-1 of the 2022 supplement to the 497
612+general statutes is repealed and the following is substituted in lieu 498
613+thereof (Effective October 1, 2022): 499
614+(b) As used in this title, "domestic violence" means: (1) A continuous 500 Raised Bill No. 440
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768-Has been convicted of domestic assault, sexual assault or sexual
769-exploitation of the child or a parent of the child; (B) has been convicted
770-of a family violence crime, as defined in section 46b-38a; (C) is or has
771-been subject to an order of protection pursuant to [sections] section 46b-
772-15, 46b-16a, as amended by this act, 46b-38c [,] or 54-1k; (D) was found
773-to have committed abuse against the child or a parent of the child; or (E)
774-was substantiated for abuse against the child or a parent of the child; (2)
775-a sworn affidavit from a domestic violence counselor or sexual assault
776-counselor, as defined in section 52-146k, provided the person who had
777-confidential communications with the domestic violence counselor or
778-sexual assault counselor has waived the privilege, in which case
779-disclosure shall be made pursuant to section 52-146k; or (3) other
780-credible evidence of abuse against the parent of the child or the child,
781-including, but not limited to, the parent's or child's sworn affidavit or
782-an affidavit from a social service provider, health care provider, clergy
783-person, attorney, or other professional from whom the parent or child
784-sought assistance regarding the abuse.
785-Sec. 30. Subsection (c) of section 51-217 of the 2022 supplement to the
786-general statutes is repealed and the following is substituted in lieu
787-thereof (Effective October 1, 2022):
788-(c) The Jury Administrator shall have the authority to establish and
789-maintain a list of persons to be excluded from the summoning process,
790-which shall consist of (1) persons who are disqualified from serving on
791-jury duty on a permanent basis due to a disability for which a licensed
792-physician, a physician assistant or an advanced practice registered nurse
793-has submitted a letter stating the physician's, physician assistant's or
794-advanced practice registered nurse's opinion that such disability
795-permanently prevents the person from rendering satisfactory jury
796-service, (2) persons seventy-five years of age or older who have
797-requested not to be summoned, (3) elected officials enumerated in
798-subdivision (4) of subsection (a) of this section and judges enumerated Senate Bill No. 440
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802-in subdivision (5) of subsection (a) of this section during their term of
803-office, and (4) persons excused from jury service pursuant to section 51-
804-217a who have not requested to be summoned for jury service pursuant
805-to said section. Persons requesting to be excluded pursuant to
806-subdivisions (1) and (2) of this subsection [must] shall provide the Jury
807-Administrator with their names, addresses, dates of birth and federal
808-Social Security numbers for use in matching. The request to be excluded
809-may be rescinded at any time with written notice to the Jury
810-Administrator.
811-Sec. 31. Subsection (a) of section 51-277a of the 2022 supplement to
812-the general statutes is repealed and the following is substituted in lieu
813-thereof (Effective October 1, 2022):
814-(a) (1) Whenever a peace officer, in the performance of such officer's
815-duties, uses physical force upon another person and such person dies as
816-a result thereof or uses deadly force, as defined in section 53a-3, upon
817-another person, the Division of Criminal Justice shall cause an
818-investigation to be made and the Inspector General shall have the
819-responsibility of determining whether the use of physical force by the
820-peace officer was justifiable under section 53a-22.
821-(2) (A) Except as provided under subdivision (1) of this subsection,
822-whenever a person dies in the custody of a peace officer or law
823-enforcement agency, the Inspector General shall investigate and
824-determine whether physical force was used by a peace officer upon the
825-deceased person, and if so, whether the use of physical force by the
826-peace officer was justifiable under section 53a-22. If the Inspector
827-General determines the deceased person may have died as a result of
828-criminal action not involving the use of force by a peace officer, the
829-Inspector General shall refer such case to the Chief State's Attorney or a
830-state's attorney for potential prosecution.
831-(B) Except as provided under subdivision (1) of this subsection or Senate Bill No. 440
621+threat of present physical pain or physical injury against a family or 501
622+household member, as defined in section 46b-38a; (2) stalking, 502
623+including, but not limited to, stalking as described in section 53a-181d, 503
624+of such family or household member; (3) a pattern of threatening, 504
625+including, but not limited to, a pattern of threatening as described in 505
626+section 53a-62, of such family or household member or a third party that 506
627+intimidates such family or household member; or (4) coercive control of 507
628+such family or household member, which is a pattern of behavior that 508
629+in purpose or effect unreasonably interferes with a person's free will and 509
630+personal liberty. "Coercive control" includes, but is not limited to, 510
631+unreasonably engaging in any of the following: 511
632+(A) Isolating the family or household member from friends, relatives 512
633+or other sources of support; 513
634+(B) Depriving the family or household member of basic necessities; 514
635+(C) Controlling, regulating or monitoring the family or household 515
636+member's movements, communications, daily behavior, finances, 516
637+economic resources or access to services; 517
638+(D) Compelling the family or household member by force, threat or 518
639+intimidation, including, but not limited to, threats based on actual or 519
640+suspected immigration status, to (i) engage in conduct from which such 520
641+family or household member has a right to abstain, or (ii) abstain from 521
642+conduct that such family or household member has a right to pursue; 522
643+(E) Committing or threatening to commit cruelty to animals that 523
644+intimidates the family or household member; or 524
645+(F) Forced sex acts, or threats of a sexual nature, including, but not 525
646+limited to, threatened acts of sexual conduct, threats based on a person's 526
647+sexuality or threats to release sexual images. 527
648+Sec. 23. Subsection (a) of section 46b-15e of the 2022 supplement to 528
649+the general statutes, as amended by section 2 of public act 21-67, is 529
650+repealed and the following is substituted in lieu thereof (Effective June 1, 530 Raised Bill No. 440
832651
833-Public Act No. 22-37 26 of 34
834652
835-subparagraph (A) of subdivision (2) of this subsection, whenever a
836-person dies in the custody of the Commissioner of Correction, the
837-Inspector General shall investigate and determine whether the deceased
838-person may have died as a result of criminal action, and, if so, refer such
839-case to the Chief State's Attorney or a state's attorney for potential
840-prosecution.
841-(3) The Inspector General shall request the appropriate law
842-enforcement agency to provide such assistance as is necessary to
843-investigate and make a determination under subdivision (1) or (2) of this
844-subsection.
845-(4) Whenever a peace officer, in the performance of such officer's
846-duties, uses physical force or deadly force upon another person and
847-such person dies as a result thereof, the Inspector General shall complete
848-a preliminary status report that shall include, but need not be limited to,
849-(A) the name of the deceased person, (B) the gender, race, ethnicity and
850-age of the deceased person, (C) the date, time and location of the injury
851-causing such death, (D) the law enforcement agency involved, (E) the
852-status on the toxicology report, if available, and (F) the death certificate,
853-if available. The Inspector General shall complete the report and submit
854-a copy of such report not later than five business days after the cause of
855-the death is available to the Chief State's Attorney and, in accordance
856-with the provisions of section 11-4a, to the joint standing committees of
857-the General Assembly having cognizance of matters relating to the
858-judiciary and public safety.
859-Sec. 32. Subsection (c) of section 54-56e of the 2022 supplement to the
860-general statutes is repealed and the following is substituted in lieu
861-thereof (Effective October 1, 2022):
862-(c) This section shall not be applicable: (1) To any person charged
863-with (A) a class A felony, (B) a class B felony, except a violation of
864-subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does Senate Bill No. 440
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655+18 of 34
865656
866-Public Act No. 22-37 27 of 34
657+2022): 531
658+(a) (1) The [office] Office of the Chief Court Administrator shall revise 532
659+and simplify the process for filing an application for relief under section 533
660+46b-15. The [office] Office of the Chief Court Administrator shall ensure 534
661+that any person seeking to file an application for relief is provided with 535
662+a one-page, plain language explanation of how to apply for relief under 536
663+section 46b-15. 537
664+(2) The [office] Office of the Chief Court Administrator shall develop 538
665+and make available to the public educational materials concerning the 539
666+risk protection order and warrant processes set forth in section 29-38c 540
667+relating to a person who poses a risk of imminent personal injury to 541
668+himself or herself or to another person. The [office] Office of the Chief 542
669+Court Administrator shall develop and make available to the public in 543
670+hard copy and electronically on the Internet web site of the Judicial 544
671+Branch a form to enable a family or household member or medical 545
672+professional, each as defined in section 29-38c, to apply to have a risk 546
673+protection order investigation ordered and a one-page, plain language 547
674+explanation of how to apply for such order. The form shall contain 548
675+questions designed to solicit information significant to a determination. 549
676+The public educational materials and form shall prominently advise the 550
677+applicant that a risk protection order or warrant may be sought through 551
678+and with the assistance of a municipal or state police agency or a state's 552
679+attorney's office, and of the benefits of doing so. 553
680+Sec. 24. Subsection (b) of section 46b-16a of the 2022 supplement to 554
681+the general statutes is repealed and the following is substituted in lieu 555
682+thereof (Effective October 1, 2022): 556
683+(b) The application shall be accompanied by an affidavit made by the 557
684+applicant under oath that includes a statement of the specific facts that 558
685+form the basis for relief. If the applicant attests that disclosure of the 559
686+applicant's location information would jeopardize the health, safety or 560
687+liberty of the applicant or the applicant's children, the applicant may 561
688+request, on a form prescribed by the Chief Court Administrator, that his 562 Raised Bill No. 440
867689
868-not involve the use, attempted use or threatened use of physical force
869-against another person, or a violation of subdivision (4) of subsection (a)
870-of section 53a-122 that does not involve the use, attempted use or
871-threatened use of physical force against another person and does not
872-involve a violation by a person who is a public official, as defined in
873-section 1-110, or a state or municipal employee, as defined in section 1-
874-110, or (C) a violation of section 53a-70b of the general statutes, revision
875-of 1958, revised to January 1, 2019, or section 14-227a or 14-227m,
876-subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2)
877-of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-
878-70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-
879-72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged
880-with a crime or motor vehicle violation who, as a result of the
881-commission of such crime or motor vehicle violation, causes the death
882-of another person, (3) to any person accused of a family violence crime
883-as defined in section 46b-38a who (A) is eligible for the pretrial family
884-violence education program established under section 46b-38c, or (B)
885-has previously had the pretrial family violence education program
886-invoked in such person's behalf, (4) to any person charged with a
887-violation of section 21a-267, 21a-279 or 21a-279a, who (A) is eligible for
888-the pretrial drug education and community service program established
889-under section 54-56i or the pretrial drug intervention and community
890-service program established under section 54-56q, as amended by this
891-act, or (B) has previously had (i) the pretrial drug education program,
892-(ii) the pretrial drug education and community service program
893-established under the provisions of section 54-56i, or (iii) the pretrial
894-drug intervention and community service program established under
895-section 54-56q, as amended by this act, invoked on such person's behalf,
896-(5) unless good cause is shown, to (A) any person charged with a class
897-C felony, or (B) any person charged with committing a violation of
898-subdivision (1) of subsection (a) of section 53a-71 while such person was
899-less than four years older than the other person, (6) to any person
900-charged with a violation of section 9-359 or 9-359a, (7) to any person Senate Bill No. 440
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902-Public Act No. 22-37 28 of 34
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693+19 of 34
903694
904-charged with a motor vehicle violation (A) while operating a
905-commercial motor vehicle, as defined in section 14-1, or (B) who holds a
906-commercial driver's license or commercial driver's instruction permit at
907-the time of the violation, (8) to any person charged with a violation of
908-subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care
909-provider or vendor participating in the state's Medicaid program
910-charged with a violation of section 53a-122 or subdivision (4) of
911-subsection (a) of section 53a-123.
912-Sec. 33. Subsection (b) of section 54-56k of the 2022 supplement to the
913-general statutes, as amended by section 172 of public act 21-1 of the June
914-special session, is repealed and the following is substituted in lieu
915-thereof (Effective October 1, 2022):
916-(b) There shall be deposited in the pretrial account (1) all evaluation
917-fees collected pursuant to subsection (a) of section 54-56g and subsection
918-(b) of section 54-56i, (2) all program fees collected pursuant to
919-subsections (c) and (e) of section 54-56g and subsections (g) and (i) of
920-section 54-56i funds appropriated in subsection (a) of section 47 of
921-special act 01-1 of the June special session, (3) fees collected pursuant to
922-subdivision (2) of subsection (b), subdivision (1) of subsection (e) and
923-subparagraph (A) of subdivision (2) of subsection (k) of section 54-56q,
924-and (4) the evaluation fee collected pursuant to subdivision (2) of
925-subsection (b), and fees collected pursuant to subdivision (1) of
926-subsection (f) and subparagraph (A) of subdivision (2) of subsection (m)
927-of section 54-56r.
928-Sec. 34. Subdivision (1) of subsection (c) of section 54-56q of the 2022
929-supplement to the general statutes is repealed and the following is
930-substituted in lieu thereof (Effective October 1, 2022):
931-(c) (1) The court, after consideration of the recommendation of the
932-state's attorney, assistant state's attorney or deputy assistant state's
933-attorney in charge of the case, may [, in its discretion,] grant the Senate Bill No. 440
695+or her location information not be disclosed. Upon receipt of the 563
696+application, if the allegations set forth in the affidavit meet the 564
697+requirements of subsection (a) of this section, the court shall schedule a 565
698+hearing not later than fourteen days from the date of the application. If 566
699+a postponement of a hearing on the application is requested by either 567
700+party, no ex parte order shall be continued except upon agreement of 568
701+the parties or by order of the court for good cause shown. If the court is 569
702+closed on the scheduled hearing date, the hearing shall be held on the 570
703+next day the court is open and any ex parte order that was issued shall 571
704+remain in effect until the date of such hearing. If the applicant is under 572
705+eighteen years of age, a parent, guardian or responsible adult who 573
706+brings the application as next friend of the applicant may not speak on 574
707+the applicant's behalf at such hearing unless there is good cause shown 575
708+as to why the applicant is unable to speak on his or her own behalf, 576
709+except that nothing in this subsection shall preclude such parent, 577
710+guardian or responsible adult from testifying as a witness at such 578
711+hearing. If the court finds that there are reasonable grounds to believe 579
712+that the respondent has committed acts constituting grounds for 580
713+issuance of an order under this section and will continue to commit such 581
714+acts, or acts designed to intimidate or retaliate against the applicant, the 582
715+court, in its discretion, may make such orders as it deems appropriate 583
716+for the protection of the applicant. If the court finds that there are 584
717+reasonable grounds to believe that an imminent danger exists to the 585
718+applicant, the court may issue an ex parte order granting such relief as 586
719+it deems appropriate. In making such orders, the court, in its discretion, 587
720+may consider relevant court records if the records are available to the 588
721+public from a clerk of the Superior Court or on the Judicial Branch's 589
722+Internet web site. Such orders may include, but are not limited to, an 590
723+order enjoining the respondent from: (1) Imposing any restraint upon 591
724+the person or liberty of the applicant; (2) threatening, harassing, 592
725+assaulting, molesting, sexually assaulting or attacking the applicant; 593
726+and (3) entering the dwelling of the applicant. 594
727+Sec. 25. Subdivision (5) of subsection (m) of section 46b-231 of the 595
728+2022 supplement to the general statutes is repealed and the following is 596 Raised Bill No. 440
934729
935-Public Act No. 22-37 29 of 34
936730
937-application for, and place the applicant in, the pretrial drug intervention
938-and community service program for a period of one year, subject to
939-confirmation of the applicant's eligibility to participate in the program.
940-Sec. 35. Subsection (a) of section 54-56r of the 2022 supplement to the
941-general statutes is repealed and the following is substituted in lieu
942-thereof (Effective October 1, 2022):
943-(a) (1) There is established a pretrial impaired driving intervention
944-program for persons charged with a violation of section 14-227a,
945-[section] 14-227g, [section] 14-227m, [section] 14-227n, subsection (d) of
946-section 15-133 or section 15-140n. The program shall consist of a twelve-
947-session alcohol education component or a substance use treatment
948-component of not less than fifteen sessions, and may also include a
949-victim impact component, as ordered by the court pursuant to
950-subsection (d) of this section.
951-(2) The provisions of this section shall not apply to any person:
952-(A) Who has been placed in the pretrial impaired driving intervention
953-program under this section or the pretrial alcohol education program
954-established under section 54-56g, within ten years immediately
955-preceding the application;
956-(B) Who has been convicted of a violation of section 14-227a, [section]
957-14-227g, [section] 14-227m, [section] 14-227n, [section] 15-132a,
958-subsection (d) of section 15-133 [,] or section 15-140l, [section] 15-140n,
959-[section] 53a-56b or [section] 53a-60d;
960-(C) Who has been convicted in any other state at any time of an
961-offense the essential elements of which are substantially the same as any
962-statutory provision set forth in subparagraph (B) of this subdivision;
963-(D) Who is charged with a violation of section 14-227a, 14-227g, 14-
964-227m or 14-227n (i) and held a commercial driver's license or Senate Bill No. 440
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733+20 of 34
965734
966-Public Act No. 22-37 30 of 34
735+substituted in lieu thereof (Effective October 1, 2022): 597
736+(5) Venue for proceedings to establish parentage in IV-D support 598
737+cases shall be in accordance with the provisions of subsection [(d)] (e) of 599
738+section 46b-461, as amended by this act. The matter shall be heard and 600
739+determined by a family support magistrate in accordance with the 601
740+provisions of chapter 815y. 602
741+Sec. 26. Subdivisions (4) and (5) of subsection (s) of section 46b-231 of 603
742+the 2022 supplement to the general statutes are repealed and the 604
743+following is substituted in lieu thereof (Effective October 1, 2022): 605
744+(4) Review child support orders (A) in non-TFA IV-D support cases 606
745+(i) at the request of either parent or custodial party subject to a support 607
746+order, or (ii) upon receipt of information indicating a substantial change 608
747+in circumstances of any party to the support order, (B) in TFA cases, at 609
748+the request of the Office of Child Support Services, or (C) as necessary 610
749+to comply with federal requirements for the child support enforcement 611
750+program mandated by Title IV-D of the Social Security Act, and initiate 612
751+an action before a family support magistrate to modify such support 613
752+order if it is determined upon such review that the order substantially 614
753+deviates from the child support guidelines established pursuant to 615
754+section 46b-215a. A requesting party under subparagraph (A)(i) or (B) 616
755+of this subdivision shall have a right to such review every three years 617
756+without proving a substantial change in circumstances, but more 618
757+frequent reviews shall be made only if such requesting party 619
758+demonstrates a substantial change in circumstances. There shall be a 620
759+rebuttable presumption that any deviation of less than fifteen per cent 621
760+from the child support guidelines is not substantial and any deviation 622
761+of fifteen per cent or more from the guidelines is substantial. 623
762+Modification may be made of such support order without regard to 624
763+whether the order was issued before, on or after May 9, 1991. In 625
764+determining whether to modify a child support order based on a 626
765+substantial deviation from such child support guidelines, consideration 627
766+shall be given to the division of real and personal property between the 628
767+parties set forth in any final decree entered pursuant to chapter 815j and 629 Raised Bill No. 440
967768
968-commercial driver's instruction permit at the time of the violation; or (ii)
969-while operating a commercial motor vehicle, as defined in section 14-1;
970-or
971-(3) Whose alleged violation caused the serious physical injury, as
972-defined in section 53a-3, of another person, unless good cause is shown.
973-Sec. 36. Subdivision (1) of subsection (m) of section 54-56r of the 2022
974-supplement to the general statutes is repealed and the following is
975-substituted in lieu thereof (Effective October 1, 2022):
976-(m) (1) Any person whose participation in the program is terminated
977-may ask the court to reinstate such person into the program up to two
978-times. If a person requests reinstatement into the program, the Court
979-Support Services Division shall verify that such person is eligible for
980-such reinstatement. If a person requesting reinstatement into the
981-program is eligible for reinstatement, the court may [, in its discretion,]
982-grant such person reinstatement into the program. When granting such
983-reinstatement, the court shall order the defendant to participate in an
984-appropriate alcohol education, substance use treatment or victim impact
985-component of the program.
986-Sec. 37. Subdivision (2) of subsection (o) of section 54-56r of the 2022
987-supplement to the general statutes is repealed and the following is
988-substituted in lieu thereof (Effective October 1, 2022):
989-(2) For any person charged with a violation of section 14-227a,
990-[section] 14-227g, [section] 14-227m or [section] 14-227n whose charges
991-were dismissed pursuant to the provisions of this section, the division
992-shall transmit to the Department of Motor Vehicles the record of such
993-person's participation in the program. The Department of Motor
994-Vehicles shall maintain the record of any person's participation in such
995-program as part of such person's driving record for a period of ten years.
996-Sec. 38. Subsections (a) and (b) of section 54-64a of the 2022 Senate Bill No. 440
997769
998-Public Act No. 22-37 31 of 34
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772+21 of 34
999773
1000-supplement to the general statutes are repealed and the following is
1001-substituted in lieu thereof (Effective October 1, 2022):
1002-(a) (1) Except as provided in subdivision (2) of this subsection and
1003-subsection (b) of this section, when any arrested person is presented
1004-before the Superior Court, said court shall, in bailable offenses,
1005-promptly order the release of such person upon the first of the following
1006-conditions of release found sufficient to reasonably ensure the
1007-appearance of the arrested person in court: (A) Upon execution of a
1008-written promise to appear without special conditions, (B) upon
1009-execution of a written promise to appear with nonfinancial conditions,
1010-(C) upon execution of a bond without surety in no greater amount than
1011-necessary, or (D) upon execution of a bond with surety in no greater
1012-amount than necessary, but in no event shall a judge prohibit a bond
1013-from being posted by surety. In addition to or in conjunction with any
1014-of the conditions enumerated in subparagraphs (A) to (D), inclusive, of
1015-this subdivision the court may, when it has reason to believe that the
1016-person is drug-dependent and where necessary, reasonable and
1017-appropriate, order the person to submit to a urinalysis drug test and to
1018-participate in a program of periodic drug testing and treatment. The
1019-results of any such drug test shall not be admissible in any criminal
1020-proceeding concerning such person.
1021-(2) If the arrested person is charged with no offense other than a
1022-misdemeanor, the court shall not impose financial conditions of release
1023-on the person unless (A) the person is charged with a family violence
1024-crime, as defined in section 46b-38a, or (B) the person requests such
1025-financial conditions, or (C) the court makes a finding on the record that
1026-there is a likely risk that (i) the arrested person will fail to appear in
1027-court, as required, or (ii) the arrested person will obstruct or attempt to
1028-obstruct justice, or threaten, injure or intimidate or attempt to threaten,
1029-injure or intimidate a prospective witness or juror, or (iii) the arrested
1030-person will engage in conduct that threatens the safety of himself or Senate Bill No. 440
774+the benefits accruing to the child as the result of such division. No order 630
775+for periodic payment of support may be subject to retroactive 631
776+modification, except that the family support magistrate may order 632
777+modification with respect to any period during which there is a pending 633
778+motion for modification of a support order from the date of service of 634
779+notice of such pending motion to the opposing party pursuant to section 635
780+52-50; [.] and 636
781+(5) In proceedings before the Family Support Magistrate Division 637
782+under the Uniform Interstate Family Support Act (A) perform clerical, 638
783+administrative and other nonjudicial functions on behalf of the Family 639
784+Support Magistrate Division; (B) maintain a registry of support orders 640
785+and judgments; and (C) assist the IV-D agency in performing its 641
786+functions under sections 46b-398 to 46b-410, inclusive. 642
787+Sec. 27. Subsection (e) of section 46b-461 of the 2022 supplement to 643
788+the general statutes is repealed and the following is substituted in lieu 644
789+thereof (Effective October 1, 2022): 645
790+(e) In IV-D support cases, as defined in section 46b-231, as amended 646
791+by this act, and in petitions brought under sections 46b-301 to 46b-425, 647
792+inclusive, venue for a proceeding to adjudicate parentage is in the 648
793+Family Support Magistrate Division serving the judicial district where 649
794+the parent who gave birth or the alleged parent resides. 650
795+Sec. 28. Subsection (e) of section 46b-489 of the 2022 supplement to 651
796+the general statutes is repealed and the following is substituted in lieu 652
797+thereof (Effective October 1, 2022): 653
798+(e) A presumption of parentage under subdivision (3) of subsection 654
799+(a) of section 46b-488, can be challenged if such other parent openly held 655
800+out the child as the presumed parent's child due to duress, coercion or 656
801+threat of harm. Evidence of duress, coercion or threat of harm may 657
802+include: (1) Whether within the ten-year period preceding the date of 658
803+the proceeding, the presumed parent: (A) Has been convicted of 659
804+domestic assault, sexual assault or sexual exploitation of the child or a 660 Raised Bill No. 440
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1033806
1034-herself or another person. In making a finding described in this
1035-subsection, the court may consider past criminal history, including any
1036-prior record of failing to appear as required in court that resulted in any
1037-conviction for a violation of section 53a-172 or any conviction during the
1038-previous ten years for a violation of section 53a-173 and any other
1039-pending criminal cases of the person charged with a misdemeanor.
1040-(3) The court may, in determining what conditions of release will
1041-reasonably ensure the appearance of the arrested person in court,
1042-consider the following factors: (A) The nature and circumstances of the
1043-offense, (B) such person's record of previous convictions, (C) such
1044-person's past record of appearance in court, (D) such person's family
1045-ties, (E) such person's employment record, (F) such person's financial
1046-resources, character and mental condition, (G) such person's community
1047-ties, and (H) in the case of a violation of section 53a-222a when the
1048-condition of release was issued for a family violence crime, as defined
1049-in section 46b-38a, the heightened risk posed to victims of family
1050-violence by violations of conditions of release.
1051-(b) (1) When any arrested person charged with the commission of a
1052-class A felony, a class B felony, except a violation of section 53a-86 or
1053-53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or
1054-53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive,
1055-section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216,
1056-or a family violence crime, as defined in section 46b-38a, is presented
1057-before the Superior Court, said court shall, in bailable offenses,
1058-promptly order the release of such person upon the first of the following
1059-conditions of release found sufficient to reasonably ensure the
1060-appearance of the arrested person in court and that the safety of any
1061-other person will not be endangered: (A) Upon such person's execution
1062-of a written promise to appear without special conditions, (B) upon such
1063-person's execution of a written promise to appear with nonfinancial
1064-conditions, (C) upon such person's execution of a bond without surety Senate Bill No. 440
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1066-Public Act No. 22-37 33 of 34
811+parent of the child; (B) has been convicted of a family violence crime, as 661
812+defined in section 46b-38a; (C) is or has been subject to an order of 662
813+protection pursuant to [sections] section 46b-15, 46b-16a, as amended by 663
814+this act, 46b-38c [,] or 54-1k; (D) was found to have committed abuse 664
815+against the child or a parent of the child; or (E) was substantiated for 665
816+abuse against the child or a parent of the child; (2) a sworn affidavit from 666
817+a domestic violence counselor or sexual assault counselor, as defined in 667
818+section 52-146k, provided the person who had confidential 668
819+communications with the domestic violence counselor or sexual assault 669
820+counselor has waived the privilege, in which case disclosure shall be 670
821+made pursuant to section 52-146k; or (3) other credible evidence of 671
822+abuse against the parent of the child or the child, including, but not 672
823+limited to, the parent's or child's sworn affidavit or an affidavit from a 673
824+social service provider, health care provider, clergy person, attorney, or 674
825+other professional from whom the parent or child sought assistance 675
826+regarding the abuse. 676
827+Sec. 29. Subsection (b) of section 46b-490 of the 2022 supplement to 677
828+the general statutes is repealed and the following is substituted in lieu 678
829+thereof (Effective October 1, 2022): 679
830+(b) A parent of the child may use evidence of duress, coercion or 680
831+threat of harm to contest an allegation that the parent fostered or 681
832+supported a bonded and dependent relationship as described in 682
833+subdivision (6) of subsection (a) of this section. Such evidence may 683
834+include: (1) Whether within a ten-year period preceding the date of the 684
835+proceeding, the person seeking to be adjudicated a de facto parent: (A) 685
836+Has been convicted of domestic assault, sexual assault or sexual 686
837+exploitation of the child or a parent of the child; (B) has been convicted 687
838+of a family violence crime, as defined in section 46b-38a; (C) is or has 688
839+been subject to an order of protection pursuant to [sections] section 46b-689
840+15, 46b-16a, as amended by this act, 46b-38c [,] or 54-1k; (D) was found 690
841+to have committed abuse against the child or a parent of the child; or (E) 691
842+was substantiated for abuse against the child or a parent of the child; (2) 692
843+a sworn affidavit from a domestic violence counselor or sexual assault 693 Raised Bill No. 440
1067844
1068-in no greater amount than necessary, or (D) upon such person's
1069-execution of a bond with surety in no greater amount than necessary,
1070-but in no event shall a judge prohibit a bond from being posted by
1071-surety. In addition to or in conjunction with any of the conditions
1072-enumerated in subparagraphs (A) to (D), inclusive, of this subdivision,
1073-the court may, when it has reason to believe that the person is drug-
1074-dependent and where necessary, reasonable and appropriate, order the
1075-person to submit to a urinalysis drug test and to participate in a program
1076-of periodic drug testing and treatment. The results of any such drug test
1077-shall not be admissible in any criminal proceeding concerning such
1078-person.
1079-(2) The court may, in determining what conditions of release will
1080-reasonably ensure the appearance of the arrested person in court and
1081-that the safety of any other person will not be endangered, consider the
1082-following factors: (A) The nature and circumstances of the offense, (B)
1083-such person's record of previous convictions, (C) such person's past
1084-record of appearance in court after being admitted to bail, (D) such
1085-person's family ties, (E) such person's employment record, (F) such
1086-person's financial resources, character and mental condition, (G) such
1087-person's community ties, (H) the number and seriousness of charges
1088-pending against the arrested person, (I) the weight of the evidence
1089-against the arrested person, (J) the arrested person's history of violence,
1090-(K) whether the arrested person has previously been convicted of
1091-similar offenses while released on bond, (L) the likelihood based upon
1092-the expressed intention of the arrested person that such person will
1093-commit another crime while released, and (M) the heightened risk
1094-posed to victims of family violence by violations of conditions of release
1095-and court orders of protection.
1096-(3) When imposing conditions of release under this subsection, the
1097-court shall state for the record any factors under subdivision (2) of this
1098-subsection that it considered and the findings that it made as to the Senate Bill No. 440
1099845
1100-Public Act No. 22-37 34 of 34
846+LCO 3298 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00440-
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848+23 of 34
1101849
1102-danger, if any, that the arrested person might pose to the safety of any
1103-other person upon the arrested person's release that caused the court to
1104-impose the specific conditions of release that it imposed.
1105-Sec. 39. Subdivision (1) of section 54-125j of the 2022 supplement to
1106-the general statutes is repealed and the following is substituted in lieu
1107-thereof (Effective October 1, 2022):
1108-(1) Outcomes of preliminary hearings, including whether (A)
1109-probable cause of a parole violation was found and that the alleged
1110-violation was serious enough to warrant revocation of parole, (B)
1111-probable cause of a parole violation was found, but the alleged violation
1112-was not serious enough to warrant revocation of parole, and (C) no
1113-probable cause of a parole violation was found;
1114-Sec. 40. Section 54-142d of the 2022 supplement to the general
1115-statutes, as amended by section 4 of public act 21-32, is repealed and the
1116-following is substituted in lieu thereof (Effective January 1, 2023):
1117-Whenever any person has been convicted of an offense in any court
1118-in this state and such offense has been decriminalized subsequent to the
1119-date of such conviction, such person may file a petition with the
1120-[superior court] Superior Court at the location in which such conviction
1121-was effected, or with the [superior court] Superior Court at the location
1122-having custody of the records of such conviction if such conviction was
1123-in the Court of Common Pleas, Circuit Court, municipal court or by a
1124-trial justice, in the Superior Court where venue would currently exist for
1125-criminal prosecution, for an order of erasure, and the Superior Court
1126-shall immediately direct all police and court records and records of the
1127-state's or prosecuting attorney pertaining to such offense to be
1128-physically destroyed.
850+counselor, as defined in section 52-146k, provided the person who had 694
851+confidential communications with the domestic violence counselor or 695
852+sexual assault counselor has waived the privilege, in which case 696
853+disclosure shall be made pursuant to section 52-146k; or (3) other 697
854+credible evidence of abuse against the parent of the child or the child, 698
855+including, but not limited to, the parent's or child's sworn affidavit or 699
856+an affidavit from a social service provider, health care provider, clergy 700
857+person, attorney, or other professional from whom the parent or child 701
858+sought assistance regarding the abuse. 702
859+Sec. 30. Subsection (c) of section 51-217 of the 2022 supplement to the 703
860+general statutes is repealed and the following is substituted in lieu 704
861+thereof (Effective October 1, 2022): 705
862+(c) The Jury Administrator shall have the authority to establish and 706
863+maintain a list of persons to be excluded from the summoning process, 707
864+which shall consist of (1) persons who are disqualified from serving on 708
865+jury duty on a permanent basis due to a disability for which a licensed 709
866+physician, a physician assistant or an advanced practice registered nurse 710
867+has submitted a letter stating the physician's, physician assistant's or 711
868+advanced practice registered nurse's opinion that such disability 712
869+permanently prevents the person from rendering satisfactory jury 713
870+service, (2) persons seventy-five years of age or older who have 714
871+requested not to be summoned, (3) elected officials enumerated in 715
872+subdivision (4) of subsection (a) of this section and judges enumerated 716
873+in subdivision (5) of subsection (a) of this section during their term of 717
874+office, and (4) persons excused from jury service pursuant to section 51-718
875+217a who have not requested to be summoned for jury service pursuant 719
876+to said section. Persons requesting to be excluded pursuant to 720
877+subdivisions (1) and (2) of this subsection [must] shall provide the Jury 721
878+Administrator with their names, addresses, dates of birth and federal 722
879+Social Security numbers for use in matching. The request to be excluded 723
880+may be rescinded at any time with written notice to the Jury 724
881+Administrator. 725
882+Sec. 31. Subsection (a) of section 51-277a of the 2022 supplement to 726 Raised Bill No. 440
883+
884+
885+LCO 3298 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00440-
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887+24 of 34
888+
889+the general statutes is repealed and the following is substituted in lieu 727
890+thereof (Effective October 1, 2022): 728
891+(a) (1) Whenever a peace officer, in the performance of such officer's 729
892+duties, uses physical force upon another person and such person dies as 730
893+a result thereof or uses deadly force, as defined in section 53a-3, upon 731
894+another person, the Division of Criminal Justice shall cause an 732
895+investigation to be made and the Inspector General shall have the 733
896+responsibility of determining whether the use of physical force by the 734
897+peace officer was justifiable under section 53a-22. 735
898+(2) (A) Except as provided under subdivision (1) of this subsection, 736
899+whenever a person dies in the custody of a peace officer or law 737
900+enforcement agency, the Inspector General shall investigate and 738
901+determine whether physical force was used by a peace officer upon the 739
902+deceased person, and if so, whether the use of physical force by the 740
903+peace officer was justifiable under section 53a-22. If the Inspector 741
904+General determines the deceased person may have died as a result of 742
905+criminal action not involving the use of force by a peace officer, the 743
906+Inspector General shall refer such case to the Chief State's Attorney or a 744
907+state's attorney for potential prosecution. 745
908+(B) Except as provided under subdivision (1) of this subsection or 746
909+subparagraph (A) of subdivision (2) of this subsection, whenever a 747
910+person dies in the custody of the Commissioner of Correction, the 748
911+Inspector General shall investigate and determine whether the deceased 749
912+person may have died as a result of criminal action, and, if so, refer such 750
913+case to the Chief State's Attorney or a state's attorney for potential 751
914+prosecution. 752
915+(3) The Inspector General shall request the appropriate law 753
916+enforcement agency to provide such assistance as is necessary to 754
917+investigate and make a determination under subdivision (1) or (2) of this 755
918+subsection. 756
919+(4) Whenever a peace officer, in the performance of such officer's 757 Raised Bill No. 440
920+
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924+25 of 34
925+
926+duties, uses physical force or deadly force upon another person and 758
927+such person dies as a result thereof, the Inspector General shall complete 759
928+a preliminary status report that shall include, but need not be limited to, 760
929+(A) the name of the deceased person, (B) the gender, race, ethnicity and 761
930+age of the deceased person, (C) the date, time and location of the injury 762
931+causing such death, (D) the law enforcement agency involved, (E) the 763
932+status on the toxicology report, if available, and (F) the death certificate, 764
933+if available. The Inspector General shall complete the report and submit 765
934+a copy of such report not later than five business days after the cause of 766
935+the death is available to the Chief State's Attorney and, in accordance 767
936+with the provisions of section 11-4a, to the joint standing committees of 768
937+the General Assembly having cognizance of matters relating to the 769
938+judiciary and public safety. 770
939+Sec. 32. Subsection (c) of section 54-56e of the 2022 supplement to the 771
940+general statutes is repealed and the following is substituted in lieu 772
941+thereof (Effective October 1, 2022): 773
942+(c) This section shall not be applicable: (1) To any person charged 774
943+with (A) a class A felony, (B) a class B felony, except a violation of 775
944+subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 776
945+not involve the use, attempted use or threatened use of physical force 777
946+against another person, or a violation of subdivision (4) of subsection (a) 778
947+of section 53a-122 that does not involve the use, attempted use or 779
948+threatened use of physical force against another person and does not 780
949+involve a violation by a person who is a public official, as defined in 781
950+section 1-110, or a state or municipal employee, as defined in section 1-782
951+110, or (C) a violation of section 53a-70b of the general statutes, revision 783
952+of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, 784
953+subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) 785
954+of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-786
955+70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-787
956+72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged 788
957+with a crime or motor vehicle violation who, as a result of the 789
958+commission of such crime or motor vehicle violation, causes the death 790 Raised Bill No. 440
959+
960+
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963+26 of 34
964+
965+of another person, (3) to any person accused of a family violence crime 791
966+as defined in section 46b-38a who (A) is eligible for the pretrial family 792
967+violence education program established under section 46b-38c, or (B) 793
968+has previously had the pretrial family violence education program 794
969+invoked in such person's behalf, (4) to any person charged with a 795
970+violation of section 21a-267, 21a-279 or 21a-279a, who (A) is eligible for 796
971+the pretrial drug education and community service program established 797
972+under section 54-56i or the pretrial drug intervention and community 798
973+service program established under section 54-56q, as amended by this 799
974+act, or (B) has previously had (i) the pretrial drug education program, 800
975+(ii) the pretrial drug education and community service program 801
976+established under the provisions of section 54-56i, or (iii) the pretrial 802
977+drug intervention and community service program established under 803
978+section 54-56q, as amended by this act, invoked on such person's behalf, 804
979+(5) unless good cause is shown, to (A) any person charged with a class 805
980+C felony, or (B) any person charged with committing a violation of 806
981+subdivision (1) of subsection (a) of section 53a-71 while such person was 807
982+less than four years older than the other person, (6) to any person 808
983+charged with a violation of section 9-359 or 9-359a, (7) to any person 809
984+charged with a motor vehicle violation (A) while operating a 810
985+commercial motor vehicle, as defined in section 14-1, or (B) who holds a 811
986+commercial driver's license or commercial driver's instruction permit at 812
987+the time of the violation, (8) to any person charged with a violation of 813
988+subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care 814
989+provider or vendor participating in the state's Medicaid program 815
990+charged with a violation of section 53a-122 or subdivision (4) of 816
991+subsection (a) of section 53a-123. 817
992+Sec. 33. Subsection (b) of section 54-56k of the 2022 supplement to the 818
993+general statutes, as amended by section 172 of public act 21-1 of the June 819
994+special session, is repealed and the following is substituted in lieu 820
995+thereof (Effective October 1, 2022): 821
996+(b) There shall be deposited in the pretrial account (1) all evaluation 822
997+fees collected pursuant to subsection (a) of section 54-56g and subsection 823 Raised Bill No. 440
998+
999+
1000+LCO 3298 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00440-
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1002+27 of 34
1003+
1004+(b) of section 54-56i, (2) all program fees collected pursuant to 824
1005+subsections (c) and (e) of section 54-56g and subsections (g) and (i) of 825
1006+section 54-56i funds appropriated in subsection (a) of section 47 of 826
1007+special act 01-1 of the June special session, (3) fees collected pursuant to 827
1008+subdivision (2) of subsection (b), subdivision (1) of subsection (e) and 828
1009+subparagraph (A) of subdivision (2) of subsection (k) of section 54-56q, 829
1010+and (4) the evaluation fee collected pursuant to subdivision (2) of 830
1011+subsection (b), and fees collected pursuant to subdivision (1) of 831
1012+subsection (f) and subparagraph (A) of subdivision (2) of subsection (m) 832
1013+of section 54-56r. 833
1014+Sec. 34. Subdivision (1) of subsection (c) of section 54-56q of the 2022 834
1015+supplement to the general statutes is repealed and the following is 835
1016+substituted in lieu thereof (Effective October 1, 2022): 836
1017+(c) (1) The court, after consideration of the recommendation of the 837
1018+state's attorney, assistant state's attorney or deputy assistant state's 838
1019+attorney in charge of the case, may [, in its discretion,] grant the 839
1020+application for, and place the applicant in, the pretrial drug intervention 840
1021+and community service program for a period of one year, subject to 841
1022+confirmation of the applicant's eligibility to participate in the program. 842
1023+Sec. 35. Subsection (a) of section 54-56r of the 2022 supplement to the 843
1024+general statutes is repealed and the following is substituted in lieu 844
1025+thereof (Effective October 1, 2022): 845
1026+(a) (1) There is established a pretrial impaired driving intervention 846
1027+program for persons charged with a violation of section 14-227a, 847
1028+[section] 14-227g, [section] 14-227m, [section] 14-227n, subsection (d) of 848
1029+section 15-133 or section 15-140n. The program shall consist of a twelve-849
1030+session alcohol education component or a substance use treatment 850
1031+component of not less than fifteen sessions, and may also include a 851
1032+victim impact component, as ordered by the court pursuant to 852
1033+subsection (d) of this section. 853
1034+(2) The provisions of this section shall not apply to any person: 854 Raised Bill No. 440
1035+
1036+
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1039+28 of 34
1040+
1041+(A) Who has been placed in the pretrial impaired driving intervention 855
1042+program under this section or the pretrial alcohol education program 856
1043+established under section 54-56g, within ten years immediately 857
1044+preceding the application; 858
1045+(B) Who has been convicted of a violation of section 14-227a, [section] 859
1046+14-227g, [section] 14-227m, [section] 14-227n, [section] 15-132a, 860
1047+subsection (d) of section 15-133 [,] or section 15-140l, [section] 15-140n, 861
1048+[section] 53a-56b or [section] 53a-60d; 862
1049+(C) Who has been convicted in any other state at any time of an 863
1050+offense the essential elements of which are substantially the same as any 864
1051+statutory provision set forth in subparagraph (B) of this subdivision; 865
1052+(D) Who is charged with a violation of section 14-227a, 14-227g, 14-866
1053+227m or 14-227n (i) and held a commercial driver's license or 867
1054+commercial driver's instruction permit at the time of the violation; or (ii) 868
1055+while operating a commercial motor vehicle, as defined in section 14-1; 869
1056+or 870
1057+(3) Whose alleged violation caused the serious physical injury, as 871
1058+defined in section 53a-3, of another person, unless good cause is shown. 872
1059+Sec. 36. Subdivision (1) of subsection (m) of section 54-56r of the 2022 873
1060+supplement to the general statutes is repealed and the following is 874
1061+substituted in lieu thereof (Effective October 1, 2022): 875
1062+(m) (1) Any person whose participation in the program is terminated 876
1063+may ask the court to reinstate such person into the program up to two 877
1064+times. If a person requests reinstatement into the program, the Court 878
1065+Support Services Division shall verify that such person is eligible for 879
1066+such reinstatement. If a person requesting reinstatement into the 880
1067+program is eligible for reinstatement, the court may [, in its discretion,] 881
1068+grant such person reinstatement into the program. When granting such 882
1069+reinstatement, the court shall order the defendant to participate in an 883
1070+appropriate alcohol education, substance use treatment or victim impact 884
1071+component of the program. 885 Raised Bill No. 440
1072+
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1076+29 of 34
1077+
1078+Sec. 37. Subdivision (2) of subsection (o) of section 54-56r of the 2022 886
1079+supplement to the general statutes is repealed and the following is 887
1080+substituted in lieu thereof (Effective October 1, 2022): 888
1081+(2) For any person charged with a violation of section 14-227a, 889
1082+[section] 14-227g, [section] 14-227m or [section] 14-227n whose charges 890
1083+were dismissed pursuant to the provisions of this section, the division 891
1084+shall transmit to the Department of Motor Vehicles the record of such 892
1085+person's participation in the program. The Department of Motor 893
1086+Vehicles shall maintain the record of any person's participation in such 894
1087+program as part of such person's driving record for a period of ten years. 895
1088+Sec. 38. Subsections (a) and (b) of section 54-64a of the 2022 896
1089+supplement to the general statutes are repealed and the following is 897
1090+substituted in lieu thereof (Effective October 1, 2022): 898
1091+(a) (1) Except as provided in subdivision (2) of this subsection and 899
1092+subsection (b) of this section, when any arrested person is presented 900
1093+before the Superior Court, said court shall, in bailable offenses, 901
1094+promptly order the release of such person upon the first of the following 902
1095+conditions of release found sufficient to reasonably ensure the 903
1096+appearance of the arrested person in court: (A) Upon execution of a 904
1097+written promise to appear without special conditions, (B) upon 905
1098+execution of a written promise to appear with nonfinancial conditions, 906
1099+(C) upon execution of a bond without surety in no greater amount than 907
1100+necessary, or (D) upon execution of a bond with surety in no greater 908
1101+amount than necessary, but in no event shall a judge prohibit a bond 909
1102+from being posted by surety. In addition to or in conjunction with any 910
1103+of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 911
1104+this subdivision the court may, when it has reason to believe that the 912
1105+person is drug-dependent and where necessary, reasonable and 913
1106+appropriate, order the person to submit to a urinalysis drug test and to 914
1107+participate in a program of periodic drug testing and treatment. The 915
1108+results of any such drug test shall not be admissible in any criminal 916
1109+proceeding concerning such person. 917 Raised Bill No. 440
1110+
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1115+
1116+(2) If the arrested person is charged with no offense other than a 918
1117+misdemeanor, the court shall not impose financial conditions of release 919
1118+on the person unless (A) the person is charged with a family violence 920
1119+crime, as defined in section 46b-38a, or (B) the person requests such 921
1120+financial conditions, or (C) the court makes a finding on the record that 922
1121+there is a likely risk that (i) the arrested person will fail to appear in 923
1122+court, as required, or (ii) the arrested person will obstruct or attempt to 924
1123+obstruct justice, or threaten, injure or intimidate or attempt to threaten, 925
1124+injure or intimidate a prospective witness or juror, or (iii) the arrested 926
1125+person will engage in conduct that threatens the safety of himself or 927
1126+herself or another person. In making a finding described in this 928
1127+subsection, the court may consider past criminal history, including any 929
1128+prior record of failing to appear as required in court that resulted in any 930
1129+conviction for a violation of section 53a-172 or any conviction during the 931
1130+previous ten years for a violation of section 53a-173 and any other 932
1131+pending criminal cases of the person charged with a misdemeanor. 933
1132+(3) The court may, in determining what conditions of release will 934
1133+reasonably ensure the appearance of the arrested person in court, 935
1134+consider the following factors: (A) The nature and circumstances of the 936
1135+offense, (B) such person's record of previous convictions, (C) such 937
1136+person's past record of appearance in court, (D) such person's family 938
1137+ties, (E) such person's employment record, (F) such person's financial 939
1138+resources, character and mental condition, (G) such person's community 940
1139+ties, and (H) in the case of a violation of section 53a-222a when the 941
1140+condition of release was issued for a family violence crime, as defined 942
1141+in section 46b-38a, the heightened risk posed to victims of family 943
1142+violence by violations of conditions of release. 944
1143+(b) (1) When any arrested person charged with the commission of a 945
1144+class A felony, a class B felony, except a violation of section 53a-86 or 946
1145+53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or 947
1146+53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 948
1147+section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, 949
1148+or a family violence crime, as defined in section 46b-38a, is presented 950 Raised Bill No. 440
1149+
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1153+31 of 34
1154+
1155+before the Superior Court, said court shall, in bailable offenses, 951
1156+promptly order the release of such person upon the first of the following 952
1157+conditions of release found sufficient to reasonably ensure the 953
1158+appearance of the arrested person in court and that the safety of any 954
1159+other person will not be endangered: (A) Upon such person's execution 955
1160+of a written promise to appear without special conditions, (B) upon such 956
1161+person's execution of a written promise to appear with nonfinancial 957
1162+conditions, (C) upon such person's execution of a bond without surety 958
1163+in no greater amount than necessary, or (D) upon such person's 959
1164+execution of a bond with surety in no greater amount than necessary, 960
1165+but in no event shall a judge prohibit a bond from being posted by 961
1166+surety. In addition to or in conjunction with any of the conditions 962
1167+enumerated in subparagraphs (A) to (D), inclusive, of this subdivision, 963
1168+the court may, when it has reason to believe that the person is drug-964
1169+dependent and where necessary, reasonable and appropriate, order the 965
1170+person to submit to a urinalysis drug test and to participate in a program 966
1171+of periodic drug testing and treatment. The results of any such drug test 967
1172+shall not be admissible in any criminal proceeding concerning such 968
1173+person. 969
1174+(2) The court may, in determining what conditions of release will 970
1175+reasonably ensure the appearance of the arrested person in court and 971
1176+that the safety of any other person will not be endangered, consider the 972
1177+following factors: (A) The nature and circumstances of the offense, (B) 973
1178+such person's record of previous convictions, (C) such person's past 974
1179+record of appearance in court after being admitted to bail, (D) such 975
1180+person's family ties, (E) such person's employment record, (F) such 976
1181+person's financial resources, character and mental condition, (G) such 977
1182+person's community ties, (H) the number and seriousness of charges 978
1183+pending against the arrested person, (I) the weight of the evidence 979
1184+against the arrested person, (J) the arrested person's history of violence, 980
1185+(K) whether the arrested person has previously been convicted of 981
1186+similar offenses while released on bond, (L) the likelihood based upon 982
1187+the expressed intention of the arrested person that such person will 983
1188+commit another crime while released, and (M) the heightened risk 984 Raised Bill No. 440
1189+
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1193+32 of 34
1194+
1195+posed to victims of family violence by violations of conditions of release 985
1196+and court orders of protection. 986
1197+(3) When imposing conditions of release under this subsection, the 987
1198+court shall state for the record any factors under subdivision (2) of this 988
1199+subsection that it considered and the findings that it made as to the 989
1200+danger, if any, that the arrested person might pose to the safety of any 990
1201+other person upon the arrested person's release that caused the court to 991
1202+impose the specific conditions of release that it imposed. 992
1203+Sec. 39. Subdivision (1) of section 54-125j of the 2022 supplement to 993
1204+the general statutes is repealed and the following is substituted in lieu 994
1205+thereof (Effective October 1, 2022): 995
1206+(1) Outcomes of preliminary hearings, including whether (A) 996
1207+probable cause of a parole violation was found and that the alleged 997
1208+violation was serious enough to warrant revocation of parole, (B) 998
1209+probable cause of a parole violation was found, but the alleged violation 999
1210+was not serious enough to warrant revocation of parole, and (C) no 1000
1211+probable cause of a parole violation was found; 1001
1212+Sec. 40. Section 54-142d of the 2022 supplement to the general 1002
1213+statutes, as amended by section 4 of public act 21-32, is repealed and the 1003
1214+following is substituted in lieu thereof (Effective January 1, 2023): 1004
1215+Whenever any person has been convicted of an offense in any court 1005
1216+in this state and such offense has been decriminalized subsequent to the 1006
1217+date of such conviction, such person may file a petition with the 1007
1218+[superior court] Superior Court at the location in which such conviction 1008
1219+was effected, or with the [superior court] Superior Court at the location 1009
1220+having custody of the records of such conviction if such conviction was 1010
1221+in the Court of Common Pleas, Circuit Court, municipal court or by a 1011
1222+trial justice, in the Superior Court where venue would currently exist for 1012
1223+criminal prosecution, for an order of erasure, and the Superior Court 1013
1224+shall immediately direct all police and court records and records of the 1014
1225+state's or prosecuting attorney pertaining to such offense to be 1015 Raised Bill No. 440
1226+
1227+
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1230+33 of 34
1231+
1232+physically destroyed. 1016
1233+This act shall take effect as follows and shall amend the following
1234+sections:
1235+
1236+Section 1 October 1, 2022 3-129f(e)
1237+Sec. 2 October 1, 2022 4-142a(a)(1)
1238+Sec. 3 October 1, 2022 4-160(a)
1239+Sec. 4 October 1, 2022 4-160(f)
1240+Sec. 5 October 1, 2022 4-190
1241+Sec. 6 October 1, 2022 7-51a(a)
1242+Sec. 7 January 1, 2023 8-265c
1243+Sec. 8 October 1, 2022 22-4c(a)
1244+Sec. 9 October 1, 2022 27-103(c)(2)
1245+Sec. 10 October 1, 2022 30-89(a)
1246+Sec. 11 October 1, 2022 31-232c
1247+Sec. 12 October 1, 2022 31-232h
1248+Sec. 13 October 1, 2022 31-232i
1249+Sec. 14 October 1, 2022 31-236(a)(9)
1250+Sec. 15 October 1, 2022 31-237d(b)
1251+Sec. 16 October 1, 2022 31-374(f)(1)
1252+Sec. 17 October 1, 2022 45a-186b
1253+Sec. 18 October 1, 2022 45a-604(2)
1254+Sec. 19 October 1, 2022 46a-54(15)
1255+Sec. 20 January 1, 2023 46a-79
1256+Sec. 21 October 1, 2022 46a-170(b)
1257+Sec. 22 October 1, 2022 46b-1(b)
1258+Sec. 23 June 1, 2022 46b-15e(a)
1259+Sec. 24 October 1, 2022 46b-16a(b)
1260+Sec. 25 October 1, 2022 46b-231(m)(5)
1261+Sec. 26 October 1, 2022 46b-231(s)(4) and (5)
1262+Sec. 27 October 1, 2022 46b-461(e)
1263+Sec. 28 October 1, 2022 46b-489(e)
1264+Sec. 29 October 1, 2022 46b-490(b)
1265+Sec. 30 October 1, 2022 51-217(c)
1266+Sec. 31 October 1, 2022 51-277a(a)
1267+Sec. 32 October 1, 2022 54-56e(c)
1268+Sec. 33 October 1, 2022 54-56k(b)
1269+Sec. 34 October 1, 2022 54-56q(c)(1)
1270+Sec. 35 October 1, 2022 54-56r(a) Raised Bill No. 440
1271+
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1275+34 of 34
1276+
1277+Sec. 36 October 1, 2022 54-56r(m)(1)
1278+Sec. 37 October 1, 2022 54-56r(o)(2)
1279+Sec. 38 October 1, 2022 54-64a(a) and (b)
1280+Sec. 39 October 1, 2022 54-125j(1)
1281+Sec. 40 January 1, 2023 54-142d
1282+
1283+JUD Joint Favorable
11291284