Senate Bill No. 440
Public Act No. 22-37
AN ACT CONCERNING THE REVISOR'S TECHNICAL
CORRECTIONS TO THE GENERAL STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (e) of section 3-129f of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(e) Nothing in this section shall permit the Attorney General to assert
any claim against a state agency or a state officer or state employee in
such officer's or employee's official capacity, regarding actions or
omissions of such state agency, state officer or state employee. If the
Attorney General determines that a state officer or state employee is not
entitled to indemnification under section 5-141d, the Attorney General
may, as it relates to such officer or employee, take any action authorized
under this section.
Sec. 2. Subdivision (1) of subsection (a) of section 4-142a of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(a) (1) The Claims Commissioner shall be appointed by the Governor
with the advice and consent of the General Assembly to serve for a term
of four years from the first day in July in the year of his or her Senate Bill No. 440
Public Act No. 22-37 2 of 34
appointment and until his or her successor has been appointed and has
qualified. The Claims Commissioner shall be an attorney-at-law and
shall have been admitted to practice before the courts of the state of
Connecticut for at least five years prior to his or her appointment. The
Claims Commissioner serving on June 28, 2021, may continue to serve
until the expiration of his or her term. On and after June 28, 2021, each
nomination for appointment as Claims Commissioner by the Governor
shall be referred, without debate, to the joint standing committee of the
General Assembly having cognizance of matters relating to the
judiciary, which shall report on each appointment not later than thirty
days after the date of reference. Each appointment by the General
Assembly of the Claims Commissioner shall be by concurrent
resolution.
Sec. 3. Subsection (a) of section 4-160 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) Whenever the Claims Commissioner deems it just and equitable,
the Claims Commissioner may authorize suit against the state on any
claim which, in the opinion of the Claims Commissioner, presents an
issue of law or fact under which the state, were it a private person, could
be liable. The Claims Commissioner may grant permission to sue for a
claim that exclusively seeks permission to sue the state based solely on
the notice of claim or any supporting evidence submitted pursuant to
section 4-147, or both, without holding a hearing, upon the filing by the
attorney or pro se claimant of (1) a motion for approval to assert a claim
without a hearing, requesting a ruling based solely on the notice of the
claim and any supporting evidence submitted under the provisions of
this chapter, and (2) an affidavit attesting to the validity of a claim. Such
affidavit [,] shall be signed, notarized and filed by both the attorney and
claimant or a pro se claimant, attesting to the following, in the following
form: "I have made a reasonable inquiry, as permitted by the Senate Bill No. 440
Public Act No. 22-37 3 of 34
circumstances, which has given rise to a good faith belief that grounds
exist for a suit against the state. Such inquiry includes [,] (provide a brief
description of the inquiry made)". The claimant shall serve any motion
for approval and affidavit on the office of the Attorney General and any
state agency that is a subject of the claim. The state may file an
opposition to the motion for approval and the affidavit not later than
thirty days after such service of the motion and affidavit. Such
opposition shall be limited to opposition of the claim based solely on
jurisdictional grounds, including pursuant to section 4-142, or
subsection (a) of section 4-148, or prosecutorial, judicial, quasi-judicial
or legislative immunity.
Sec. 4. Subsection (f) of section 4-160 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(f) In any claim alleging malpractice against the state, a state hospital
or against a physician, surgeon, dentist, podiatrist, chiropractor or other
licensed health care provider employed by the state, the attorney or pro
se party filing the claim may submit a certificate of good faith to the
Office of the Claims Commissioner in accordance with section 52-190a.
If such a certificate is submitted, permission to sue the state shall be
deemed granted by the Claims Commissioner (1) [upon] on June 28,
2021, if the certificate has been filed with the Claims Commissioner prior
to June 28, 2021, or (2) upon the filing of the certificate with the Office of
the Claims Commissioner, if such certificate is filed on or after June 28,
2021. In lieu of filing a notice of claim pursuant to section 4-147, a
claimant may commence a medical malpractice action against the state
prior to the expiration of the limitation period set forth in section 4-148
and authorization for such action against the state shall be deemed
granted. Any such action shall be limited to medical malpractice claims
only and any such action shall be deemed a suit otherwise authorized
by law in accordance with subsection (a) of section 4-142. The provisions Senate Bill No. 440
Public Act No. 22-37 4 of 34
of this subsection shall apply to any claim alleging malpractice against
the state that was timely filed with the Claims Commissioner and
remains pending with said commissioner, regardless of whether such
claim was filed before, on or after October 1, 2019.
Sec. 5. Section 4-190 of the 2022 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
As used in this chapter:
(1) "Agency" means each state or municipal board, commission,
department or officer, other than the legislature, courts, Governor,
Lieutenant Governor, Attorney General or town or regional boards of
education, which maintains a personal data system.
(2) "Attorney" means an attorney at law empowered by a person to
assert the confidentiality of or right of access to personal data under this
chapter.
(3) "Authorized representative" means a parent, or a guardian or
conservator, other than an attorney, appointed to act on behalf of a
person and empowered by such person to assert the confidentiality of
or right of access to personal data under this chapter.
(4) "Automated personal data system" means a personal data system
in which data is stored, in whole or part, in a computer or in computer
accessible files.
(5) "Computer accessible files" means any personal data which is
stored on-line or off-line, which can be identified by use of electronic
means, including, but not limited to, microfilm and microfilm devices,
which includes, but is not limited to, magnetic tape, magnetic film,
magnetic disks, magnetic drums, internal memory utilized by any
processing device, including computers or telecommunications control Senate Bill No. 440
Public Act No. 22-37 5 of 34
units, punched cards, optically [scanable] scannable paper or film.
(6) "Maintain" means collect, maintain, use or disseminate.
(7) "Manual personal data system" means a personal data system
other than an automated personal data system.
(8) "Person" means an individual of any age concerning whom
personal data is maintained in a personal data system, or a person's
attorney or authorized representative.
(9) "Personal data" means any information about a person's
education, finances, medical or emotional condition or history,
employment or business history, family or personal relationships,
reputation or character which because of name, identifying number,
mark or description can be readily associated with a particular person.
"Personal data" shall not be construed to make available to a person any
record described in subdivision (3) or (18) of subsection (b) of section 1-
210.
(10) "Personal data system" means a collection of records containing
personal data.
(11) "Record" means any collection of personal data [, defined in
subdivision (9),] which is collected, maintained or disseminated.
Sec. 6. Subsection (a) of section 7-51a of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) Any person eighteen years of age or older may purchase certified
copies of marriage and death records, and certified copies of records of
births or fetal deaths which are at least one hundred years old, in the
custody of any registrar of vital statistics. The department may issue
uncertified copies of death certificates for deaths occurring less than one Senate Bill No. 440
Public Act No. 22-37 6 of 34
hundred years ago, and uncertified copies of birth, marriage, death and
fetal death certificates for births, marriages, deaths and fetal deaths that
occurred at least one hundred years ago, to researchers approved by the
department pursuant to section 19a-25, and to state and federal agencies
approved by the department. During all normal business hours,
members of genealogical societies incorporated or authorized by the
Secretary of the State to do business or conduct affairs in this state shall
(1) have full access to all vital records in the custody of any registrar of
vital statistics, including certificates, ledgers, record books, card files,
indexes and database printouts, except for those records containing
Social Security numbers protected pursuant to 42 USC 405 (c)(2)(C), and
confidential files on adoptions, gender change, surrogacy agreements [,]
and parentage, (2) be permitted to make notes from such records, (3) be
permitted to purchase certified copies of such records, and (4) be
permitted to incorporate statistics derived from such records in the
publications of such genealogical societies. For all vital records
containing Social Security numbers that are protected from disclosure
pursuant to federal law, the Social Security numbers contained on such
records shall be redacted from any certified copy of such records issued
to a genealogist by a registrar of vital statistics.
Sec. 7. Section 8-265c of the 2022 supplement to the general statutes,
as amended by section 13 of public act 21-32, is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
The authority shall require that occupancy of all housing financed or
otherwise assisted under this chapter be open to all persons regardless
of race, creed, color, national origin or ancestry, sex, [or] gender identity
or expression or erased criminal history record information, as defined
in section 46a-80a, and that the contractors and subcontractors engaged
in the construction or rehabilitation of such housing shall take
affirmative action to provide equal opportunity for employment
without discrimination as to race, creed, color, national origin or Senate Bill No. 440
Public Act No. 22-37 7 of 34
ancestry, sex, gender identity or expression or erased criminal history
record information.
Sec. 8. Subsection (a) of section 22-4c of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) The Commissioner of Agriculture may: (1) Adopt, amend or
repeal, in accordance with the provisions of chapter 54, such standards,
criteria and regulations, and such procedural regulations as are
necessary and proper to carry out the commissioner's functions, powers
and duties; (2) enter into contracts with any person, firm, corporation or
association to do all things necessary or convenient to carry out the
functions, powers and duties of the department; (3) initiate and receive
complaints as to any actual or suspected violation of any statute,
regulation, permit or order administered, adopted or issued by the
commissioner. The commissioner may hold hearings, administer oaths,
take testimony and subpoena witnesses and evidence, enter orders and
institute legal proceedings including, but not limited to, suits for
injunctions and for the enforcement of any statute, regulation, order or
permit administered, adopted or issued by the commissioner. The
commissioner, or the commissioner's agent, may issue a citation in
accordance with section 51-164n for any infraction or violation
established in any provision of the general statutes that is under the
commissioner's authority; (4) provide an advisory opinion, upon
request of any municipality, state agency, tax assessor or any landowner
as to what constitutes agriculture or farming pursuant to subsection (q)
of section 1-1, or regarding classification of land as farm land or open
space land pursuant to sections 12-107b to 12-107f, inclusive; (5) in
accordance with constitutional limitations, enter at all reasonable times,
without liability, upon any public or private property, except a private
residence, for the purpose of inspection and investigation to ascertain
possible violations of any statute, regulation, order or permit Senate Bill No. 440
Public Act No. 22-37 8 of 34
administered, adopted or issued by the commissioner and the owner,
managing agent or occupant of any such property shall permit such
entry, and no action for trespass shall lie against the commissioner for
such entry, or the commissioner may apply to any court having criminal
jurisdiction for a warrant to inspect such premises to determine
compliance with any statute, regulation, order or permit or methods of
manufacture or production ascertained by the commissioner during, or
as a result of, any inspection, investigation or hearing; (6) undertake any
studies, inquiries, surveys or analyses the commissioner may deem
relevant, through the personnel of the department or in cooperation
with any public or private agency, to accomplish the functions, powers
and duties of the commissioner; (7) require the posting of sufficient
performance bond or other security to assure compliance with any
permit or order; (8) provide by notice printed on any form that any false
statement made thereon or pursuant thereto is punishable as a criminal
offense under section 53a-157b; and (9) by regulations adopted in
accordance with the provisions of chapter 54, require the payment of a
fee sufficient to cover the reasonable cost of acting upon an application
for and monitoring compliance with the terms and conditions of any
state or federal permit, license, registration, order, certificate or
approval. Such costs may include, but are not limited to, the costs of (A)
public notice, (B) reviews, inspections and testing incidental to the
issuance of and monitoring of compliance with such permits, licenses,
orders, certificates and approvals, and (C) surveying and staking
boundary lines. The applicant shall pay the fee established in
accordance with the provisions of this section prior to the final decision
of the commissioner on the application. The commissioner may
postpone review of an application until receipt of the payment.
Sec. 9. Subdivision (2) of subsection (c) of section 27-103 of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022): Senate Bill No. 440
Public Act No. 22-37 9 of 34
(2) All initial appointments to the board shall be made not later than
December 1, 2021, and shall terminate on November [31] 30, 2023, or
November [31] 30, 2024, as applicable, regardless of when the initial
appointment was made. Any member of the board may serve more than
one term.
Sec. 10. Subsection (a) of section 30-89 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) Any person to whom the sale of alcoholic liquor is by law
forbidden who purchases or attempts to purchase such liquor or who
makes any false statement for the purpose of procuring such liquor shall
be fined not less than two hundred dollars or more than five hundred
dollars.
Sec. 11. Section 31-232c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
Except when the result would be inconsistent with the other
provisions of subsection (d) of section 31-222 and sections 31-231b, 31-
232b to 31-232k, inclusive, [31-236(a)(8)] subdivision (8) of subsection (a)
of section 31-236 and section 31-250, as provided in the regulations of
the administrator, the provisions of this chapter, which apply to claims
for, or the payment of, regular benefits, including benefits for partial
unemployment, shall apply to claims for, and the payment of, extended
benefits.
Sec. 12. Section 31-232h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
No individual shall receive both extended benefits and additional
benefits during or in respect to the same week. An individual may
become eligible to receive additional benefits under section 31-232a with
respect to a week of unemployment only if he is not eligible to receive Senate Bill No. 440
Public Act No. 22-37 10 of 34
extended benefits under subsection (d) of section 31-222 and sections 31-
231b, 31-232b to 31-232k, inclusive, [31-236(a)(8)] subdivision (8) of
subsection (a) of section 31-236 and section 31-250 with respect to such
week.
Sec. 13. Section 31-232i of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
In the administration of the provisions of subsection (d) of section 31-
222 and sections 31-231b, 31-232b to 31-232k, inclusive, [31-236(a)(8)]
subdivision (8) of subsection (a) of section 31-236 and section 31-250,
which are enacted to conform with the requirements of the Federal-State
Extended Unemployment Compensation Act of 1970, the administrator
shall take such action as may be necessary (1) to ensure that the
provisions are so interpreted and applied as to meet the requirements
of such federal act as interpreted by the United States Department of
Labor, and (2) to secure to this state the full reimbursement of the federal
share of extended benefits paid under said sections that are
reimbursable under the federal act.
Sec. 14. Subdivision (9) of subsection (a) of section 31-236 of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(9) If the administrator finds that the individual has retired and that
such retirement was voluntary, until the individual has again become
employed and has been paid wages in an amount required as a
condition of eligibility as set forth in subdivision (3) of subsection (a) of
section 31-235; except that the individual is not ineligible on account of
such retirement if the administrator finds (A) that the individual has
retired because (i) such individual's work has become unsuitable
considering such individual's physical condition and the degree of risk
to such individual's health and safety, and (ii) such individual has
requested of such individual's employer other work that is suitable, and Senate Bill No. 440
Public Act No. 22-37 11 of 34
(iii) such individual's employer did not offer such individual such work,
or (B) that the individual has been involuntarily retired;
Sec. 15. Subsection (b) of section 31-237d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(b) In any appeal to the board the board or any of its members may
hear the appeal, except that the full board shall hear and decide cases
requiring the application of [subsection (a)(3)] subdivision (3) of
subsection (a) of section 31-236 and cases in which a party has
specifically requested in writing a hearing by the full board, provided
the decision on all appeals shall be by a majority vote of the full board.
The board shall approve or reject, by a majority vote, each request for a
hearing before the full board in accordance with the criteria for granting
such requests established in regulations adopted pursuant to section 31-
237g. In any case before the board, the board may delegate to a referee
or other qualified employee of the appeals division the taking or hearing
of evidence.
Sec. 16. Subdivision (1) of subsection (f) of section 31-374 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(f) (1) Any employee or representative of employees who believes
that there is a violation of an occupational safety or health standard or
that there is an imminent danger of physical harm may request an
inspection by giving notice to the commissioner or his authorized
representative of such violation or danger. Any such notice shall be
reduced to writing and shall set forth with reasonable particularity the
grounds for the notice, and shall be signed by the employees or the
representative of employees. A copy of such notice shall be provided to
the employer or the employer's agent no later than the time of the
inspection, provided, upon the request of the person giving such notice, Senate Bill No. 440
Public Act No. 22-37 12 of 34
his or her name and the names of individual employees referred to
therein shall not appear in such copy or on any record published,
released or made available pursuant to subsection (g) of this section.
Upon the request of an individual employee whose name is not
included in such notice, but who at any time provides information to
the commissioner concerning the violation or danger alleged in such
notice, the name of such individual employee shall not appear on any
record published, released or made available pursuant to subsection (g)
of this section. If upon receipt of such notification the commissioner
determines there are reasonable grounds to believe that such violation
or danger exists, he shall make an inspection in accordance with the
provisions of this section as soon as practicable to determine if such
violation or danger exists. Such inspection may be limited to the alleged
violation or danger. If the commissioner determines there are no
reasonable grounds to believe that such violation or danger exists, he
shall notify the employer, employee or representative of employees in
writing of such determination. Such notification shall not preclude
future enforcement action if conditions change.
Sec. 17. Section 45a-186b of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective October 1, 2022):
In an appeal taken under section 45a-186 from a matter heard on the
record in the Probate Court under section 17a-498, 17a-543, 17a-543a,
17a-685 [,] or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section
51-72 or 51-73, the Superior Court shall not substitute its judgment for
that of the Probate Court as to the weight of the evidence on questions
of fact. The Superior Court shall affirm the decision of the Probate Court
unless the Superior Court finds that substantial rights of the person
appealing have been prejudiced because the findings, inferences,
conclusions or decisions are: (1) In violation of the federal or state
constitution or the general statutes, (2) in excess of the statutory Senate Bill No. 440
Public Act No. 22-37 13 of 34
authority of the Probate Court, (3) made on unlawful procedure, (4)
affected by other error of law, (5) clearly erroneous in view of the
reliable, probative and substantial evidence on the whole record, or (6)
arbitrary or capricious or characterized by abuse of discretion or clearly
unwarranted exercise of discretion. If the Superior Court finds such
prejudice, the Superior Court shall sustain the appeal and, if
appropriate, may render a judgment that modifies the Probate Court's
order, denial or decree or remand the case to the Probate Court for
further proceedings. For the purposes of this section, a remand is a final
judgment.
Sec. 18. Subdivision (2) of section 45a-604 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(2) "Father" means a man who is a parent as defined [by] in section
46b-451;
Sec. 19. Subdivision (15) of section 46a-54 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(15) To require an employer having three or more employees to (A)
post in a prominent and accessible location information concerning the
illegality of sexual harassment and remedies available to victims of
sexual harassment, (B) provide, not later than three months after the
employee's start date with the employer, a copy of the information
concerning the illegality of sexual harassment and remedies available to
victims of sexual harassment to each employee by electronic mail with
a subject line that includes the words "Sexual Harassment Policy" or
words of similar import, if (i) the employer has provided an electronic
mail account to the employee, or (ii) the employee has provided the
employer with an electronic mail address, provided if an employer has
not provided an electronic mail account to the employee, the employer Senate Bill No. 440
Public Act No. 22-37 14 of 34
shall post the information concerning the illegality of sexual harassment
and remedies available to victims of sexual harassment on the
employer's Internet web site, if the employer maintains such an Internet
web site. An employer may comply with the requirements of this
subparagraph, by providing an employee with the link to the
commission's Internet web site concerning the illegality of sexual
harassment and the remedies available to victims of sexual harassment
by electronic mail, text message or in writing; and (C) provide two hours
of training and education to employees within one year of October 1,
2019, provided any employer who has provided such training and
education to any such employees after October 1, 2018, shall not be
required to provide such training and education a second time. An
employer having (i) three or more employees, shall provide such
training and education to an employee hired on or after October 1, 2019,
not later than six months after the date of his or her hire, provided the
commission has developed and made available such training and
education materials in accordance with the provisions of subdivision (8)
of subsection (a) of section 46a-56; or (ii) less than three employees shall
provide such training and education to all supervisory employees
within one year of October 1, 2019, and to all new supervisory
employees within six months of their assumption of a supervisory
position, provided any employer who has provided such training and
education to any such supervisory employees after October 1, 2018, shall
not be required to provide such training and education a second time.
Any supervisory employee hired on or after October 1, 2019, by an
employer having less than three employees, shall receive such training
and education not later than six months after the date of his or her hire,
provided the commission has developed and made available such
training and education materials in accordance with the provisions of
subdivision (8) of subsection (a) of section 46a-56. Such training and
education shall include information concerning the federal and state
statutory provisions concerning sexual harassment and remedies
available to victims of sexual harassment. If an employee has received Senate Bill No. 440
Public Act No. 22-37 15 of 34
in-person training provided by the commission or has taken the no cost
online training provided by the commission on its Internet web site in
accordance with the provisions of subdivision (8) of subsection (a) of
section 46a-56 [,] while employed by a different employer within the two
years preceding the date of hire, an employer may consider such prior
training to satisfy the training requirements of this [section] subdivision.
An employer who is required to provide training under this subdivision
shall provide periodic supplemental training that updates all
supervisory and nonsupervisory employees on the content of such
training and education not less than every ten years. As used in this
subdivision, "sexual harassment" has the same meaning as provided in
subdivision (8) of subsection (b) of section 46a-60 and "employer"
includes the General Assembly and "employee" means any individual
employed by an employer, including an individual employed by such
individual's parent, spouse or child;
Sec. 20. Section 46a-79 of the 2022 supplement to the general statutes,
as amended by section 30 of public act 21-32, is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
The General Assembly finds that the public is best protected when
criminal offenders are rehabilitated and returned to society prepared to
take their places as productive citizens and that the ability of returned
offenders to find meaningful employment is directly related to their
normal functioning in the community. It is therefore the policy of this
state to encourage all employers to give favorable consideration to
providing jobs to qualified individuals, including those who may have
conviction information, as defined in section 54-142g. Nothing in this
section shall be construed to permit any employer to refuse to hire or
employ or to bar or to discharge from employment or to discriminate
against an individual in compensation or in terms of employment on the
basis of [that person's] such individual's erased criminal history record
information, as defined in section 46a-80a. Senate Bill No. 440
Public Act No. 22-37 16 of 34
Sec. 21. Subsection (b) of section 46a-170 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(b) The council shall consist of the following members: (1) The Chief
State's Attorney, or a designee; (2) the Chief Public Defender, or a
designee; (3) the Commissioner of Emergency Services and Public
Protection, or the commissioner's designee; (4) the Labor Commissioner,
or the commissioner's designee; (5) the Commissioner of Social Services,
or the commissioner's designee; (6) the Commissioner of Public Health,
or the commissioner's designee; (7) the Commissioner of Mental Health
and Addiction Services, or the commissioner's designee; (8) the
Commissioner of Children and Families, or the commissioner's
designee; (9) the Commissioner of Consumer Protection, or the
commissioner's designee; (10) the director of the Basic Training Division
of the Police Officer Standards and Training Council, or the director's
designee; (11) the Child Advocate, or the Child Advocate's designee;
(12) the Victim Advocate, or the Victim Advocate's designee; (13) a
chairperson of the Commission on Women, Children, Seniors, Equity
and Opportunity, or the chairperson's designee; (14) one representative
of the Office of Victim Services of the Judicial Branch appointed by the
Chief Court Administrator; (15) a municipal police chief appointed by
the Connecticut Police Chiefs Association, or a designee; (16) the
Commissioner of Education, or the commissioner's designee; (17) an
adult victim of trafficking, appointed by the Governor; (18) a judge of
the Superior Court, appointed by the Chief Court Administrator; (19) a
state's attorney appointed by the Chief State's Attorney; (20) a public
defender appointed by the Chief Public Defender; and (21) fifteen public
members appointed as follows: The Governor shall appoint three
members, one of whom shall represent victims of commercial
exploitation of children, one of whom shall represent sex trafficking
victims who are children and one of whom shall represent a coalition of
children's advocacy centers and multidisciplinary teams that are Senate Bill No. 440
Public Act No. 22-37 17 of 34
dedicated to serving child abuse victims and their families, the president
pro tempore of the Senate shall appoint two members, one of whom
shall represent the Connecticut Alliance to End Sexual Violence and one
of whom shall represent an organization that provides civil legal
services to low-income individuals, the speaker of the House of
Representatives shall appoint two members, one of whom shall
represent the Connecticut Coalition Against Domestic Violence and one
of whom shall represent the Connecticut Lodging Association, the
majority leader of the Senate shall appoint two members, one of whom
shall represent an organization that deals with behavioral health needs
of women and children and one of whom shall represent the
Connecticut Coalition to [end] End Homelessness, the majority leader
of the House of Representatives shall appoint two members, one of
whom shall represent an organization that advocates on social justice
and human rights issues and one of whom shall represent the
Connecticut Criminal Defense Lawyers Association, the minority leader
of the Senate shall appoint two members, one of whom shall represent
the Connecticut Immigrant and Refugee Coalition and one of whom
shall represent massage therapists, and the minority leader of the House
of Representatives shall appoint two members, one of whom shall
represent the Motor Transport Association of Connecticut, Inc. and one
of whom shall represent an organization that works with adult victims
of trafficking.
Sec. 22. Subsection (b) of section 46b-1 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(b) As used in this title, "domestic violence" means: (1) A continuous
threat of present physical pain or physical injury against a family or
household member, as defined in section 46b-38a; (2) stalking,
including, but not limited to, stalking as described in section 53a-181d,
of such family or household member; (3) a pattern of threatening, Senate Bill No. 440
Public Act No. 22-37 18 of 34
including, but not limited to, a pattern of threatening as described in
section 53a-62, of such family or household member or a third party that
intimidates such family or household member; or (4) coercive control of
such family or household member, which is a pattern of behavior that
in purpose or effect unreasonably interferes with a person's free will and
personal liberty. "Coercive control" includes, but is not limited to,
unreasonably engaging in any of the following:
(A) Isolating the family or household member from friends, relatives
or other sources of support;
(B) Depriving the family or household member of basic necessities;
(C) Controlling, regulating or monitoring the family or household
member's movements, communications, daily behavior, finances,
economic resources or access to services;
(D) Compelling the family or household member by force, threat or
intimidation, including, but not limited to, threats based on actual or
suspected immigration status, to (i) engage in conduct from which such
family or household member has a right to abstain, or (ii) abstain from
conduct that such family or household member has a right to pursue;
(E) Committing or threatening to commit cruelty to animals that
intimidates the family or household member; or
(F) Forced sex acts, or threats of a sexual nature, including, but not
limited to, threatened acts of sexual conduct, threats based on a person's
sexuality or threats to release sexual images.
Sec. 23. Subsection (a) of section 46b-15e of the 2022 supplement to
the general statutes, as amended by section 2 of public act 21-67, is
repealed and the following is substituted in lieu thereof (Effective June 1,
2022): Senate Bill No. 440
Public Act No. 22-37 19 of 34
(a) (1) The [office] Office of the Chief Court Administrator shall revise
and simplify the process for filing an application for relief under section
46b-15. The [office] Office of the Chief Court Administrator shall ensure
that any person seeking to file an application for relief is provided with
a one-page, plain language explanation of how to apply for relief under
section 46b-15.
(2) The [office] Office of the Chief Court Administrator shall develop
and make available to the public educational materials concerning the
risk protection order and warrant processes set forth in section 29-38c
relating to a person who poses a risk of imminent personal injury to
himself or herself or to another person. The [office] Office of the Chief
Court Administrator shall develop and make available to the public in
hard copy and electronically on the Internet web site of the Judicial
Branch a form to enable a family or household member or medical
professional, each as defined in section 29-38c, to apply to have a risk
protection order investigation ordered and a one-page, plain language
explanation of how to apply for such order. The form shall contain
questions designed to solicit information significant to a determination.
The public educational materials and form shall prominently advise the
applicant that a risk protection order or warrant may be sought through
and with the assistance of a municipal or state police agency or a state's
attorney's office, and of the benefits of doing so.
Sec. 24. Subsection (b) of section 46b-16a of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(b) The application shall be accompanied by an affidavit made by the
applicant under oath that includes a statement of the specific facts that
form the basis for relief. If the applicant attests that disclosure of the
applicant's location information would jeopardize the health, safety or
liberty of the applicant or the applicant's children, the applicant may
request, on a form prescribed by the Chief Court Administrator, that his Senate Bill No. 440
Public Act No. 22-37 20 of 34
or her location information not be disclosed. Upon receipt of the
application, if the allegations set forth in the affidavit meet the
requirements of subsection (a) of this section, the court shall schedule a
hearing not later than fourteen days from the date of the application. If
a postponement of a hearing on the application is requested by either
party, no ex parte order shall be continued except upon agreement of
the parties or by order of the court for good cause shown. If the court is
closed on the scheduled hearing date, the hearing shall be held on the
next day the court is open and any ex parte order that was issued shall
remain in effect until the date of such hearing. If the applicant is under
eighteen years of age, a parent, guardian or responsible adult who
brings the application as next friend of the applicant may not speak on
the applicant's behalf at such hearing unless there is good cause shown
as to why the applicant is unable to speak on his or her own behalf,
except that nothing in this subsection shall preclude such parent,
guardian or responsible adult from testifying as a witness at such
hearing. If the court finds that there are reasonable grounds to believe
that the respondent has committed acts constituting grounds for
issuance of an order under this section and will continue to commit such
acts, or acts designed to intimidate or retaliate against the applicant, the
court, in its discretion, may make such orders as it deems appropriate
for the protection of the applicant. If the court finds that there are
reasonable grounds to believe that an imminent danger exists to the
applicant, the court may issue an ex parte order granting such relief as
it deems appropriate. In making such orders, the court, in its discretion,
may consider relevant court records if the records are available to the
public from a clerk of the Superior Court or on the Judicial Branch's
Internet web site. Such orders may include, but are not limited to, an
order enjoining the respondent from: (1) Imposing any restraint upon
the person or liberty of the applicant; (2) threatening, harassing,
assaulting, molesting, sexually assaulting or attacking the applicant;
and (3) entering the dwelling of the applicant. Senate Bill No. 440
Public Act No. 22-37 21 of 34
Sec. 25. Subdivision (5) of subsection (m) of section 46b-231 of the
2022 supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(5) Venue for proceedings to establish parentage in IV-D support
cases shall be in accordance with the provisions of subsection [(d)] (e) of
section 46b-461, as amended by this act. The matter shall be heard and
determined by a family support magistrate in accordance with the
provisions of chapter 815y.
Sec. 26. Subdivisions (4) and (5) of subsection (s) of section 46b-231 of
the 2022 supplement to the general statutes are repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(4) Review child support orders (A) in non-TFA IV-D support cases
(i) at the request of either parent or custodial party subject to a support
order, or (ii) upon receipt of information indicating a substantial change
in circumstances of any party to the support order, (B) in TFA cases, at
the request of the Office of Child Support Services, or (C) as necessary
to comply with federal requirements for the child support enforcement
program mandated by Title IV-D of the Social Security Act, and initiate
an action before a family support magistrate to modify such support
order if it is determined upon such review that the order substantially
deviates from the child support guidelines established pursuant to
section 46b-215a. A requesting party under subparagraph (A)(i) or (B)
of this subdivision shall have a right to such review every three years
without proving a substantial change in circumstances, but more
frequent reviews shall be made only if such requesting party
demonstrates a substantial change in circumstances. There shall be a
rebuttable presumption that any deviation of less than fifteen per cent
from the child support guidelines is not substantial and any deviation
of fifteen per cent or more from the guidelines is substantial.
Modification may be made of such support order without regard to
whether the order was issued before, on or after May 9, 1991. In Senate Bill No. 440
Public Act No. 22-37 22 of 34
determining whether to modify a child support order based on a
substantial deviation from such child support guidelines, consideration
shall be given to the division of real and personal property between the
parties set forth in any final decree entered pursuant to chapter 815j and
the benefits accruing to the child as the result of such division. No order
for periodic payment of support may be subject to retroactive
modification, except that the family support magistrate may order
modification with respect to any period during which there is a pending
motion for modification of a support order from the date of service of
notice of such pending motion to the opposing party pursuant to section
52-50; [.] and
(5) In proceedings before the Family Support Magistrate Division
under the Uniform Interstate Family Support Act (A) perform clerical,
administrative and other nonjudicial functions on behalf of the Family
Support Magistrate Division; (B) maintain a registry of support orders
and judgments; and (C) assist the IV-D agency in performing its
functions under sections 46b-398 to 46b-410, inclusive.
Sec. 27. Subsection (e) of section 46b-461 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(e) In IV-D support cases, as defined in section 46b-231, as amended
by this act, and in petitions brought under sections 46b-301 to 46b-425,
inclusive, venue for a proceeding to adjudicate parentage is in the
Family Support Magistrate Division serving the judicial district where
the parent who gave birth or the alleged parent resides.
Sec. 28. Subsection (e) of section 46b-489 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(e) A presumption of parentage under subdivision (3) of subsection Senate Bill No. 440
Public Act No. 22-37 23 of 34
(a) of section 46b-488, can be challenged if such other parent openly held
out the child as the presumed parent's child due to duress, coercion or
threat of harm. Evidence of duress, coercion or threat of harm may
include: (1) Whether within the ten-year period preceding the date of
the proceeding, the presumed parent: (A) Has been convicted of
domestic assault, sexual assault or sexual exploitation of the child or a
parent of the child; (B) has been convicted of a family violence crime, as
defined in section 46b-38a; (C) is or has been subject to an order of
protection pursuant to [sections] section 46b-15, 46b-16a, as amended by
this act, 46b-38c [,] or 54-1k; (D) was found to have committed abuse
against the child or a parent of the child; or (E) was substantiated for
abuse against the child or a parent of the child; (2) a sworn affidavit from
a domestic violence counselor or sexual assault counselor, as defined in
section 52-146k, provided the person who had confidential
communications with the domestic violence counselor or sexual assault
counselor has waived the privilege, in which case disclosure shall be
made pursuant to section 52-146k; or (3) other credible evidence of
abuse against the parent of the child or the child, including, but not
limited to, the parent's or child's sworn affidavit or an affidavit from a
social service provider, health care provider, clergy person, attorney, or
other professional from whom the parent or child sought assistance
regarding the abuse.
Sec. 29. Subsection (b) of section 46b-490 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(b) A parent of the child may use evidence of duress, coercion or
threat of harm to contest an allegation that the parent fostered or
supported a bonded and dependent relationship as described in
subdivision (6) of subsection (a) of this section. Such evidence may
include: (1) Whether within a ten-year period preceding the date of the
proceeding, the person seeking to be adjudicated a de facto parent: (A) Senate Bill No. 440
Public Act No. 22-37 24 of 34
Has been convicted of domestic assault, sexual assault or sexual
exploitation of the child or a parent of the child; (B) has been convicted
of a family violence crime, as defined in section 46b-38a; (C) is or has
been subject to an order of protection pursuant to [sections] section 46b-
15, 46b-16a, as amended by this act, 46b-38c [,] or 54-1k; (D) was found
to have committed abuse against the child or a parent of the child; or (E)
was substantiated for abuse against the child or a parent of the child; (2)
a sworn affidavit from a domestic violence counselor or sexual assault
counselor, as defined in section 52-146k, provided the person who had
confidential communications with the domestic violence counselor or
sexual assault counselor has waived the privilege, in which case
disclosure shall be made pursuant to section 52-146k; or (3) other
credible evidence of abuse against the parent of the child or the child,
including, but not limited to, the parent's or child's sworn affidavit or
an affidavit from a social service provider, health care provider, clergy
person, attorney, or other professional from whom the parent or child
sought assistance regarding the abuse.
Sec. 30. Subsection (c) of section 51-217 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(c) The Jury Administrator shall have the authority to establish and
maintain a list of persons to be excluded from the summoning process,
which shall consist of (1) persons who are disqualified from serving on
jury duty on a permanent basis due to a disability for which a licensed
physician, a physician assistant or an advanced practice registered nurse
has submitted a letter stating the physician's, physician assistant's or
advanced practice registered nurse's opinion that such disability
permanently prevents the person from rendering satisfactory jury
service, (2) persons seventy-five years of age or older who have
requested not to be summoned, (3) elected officials enumerated in
subdivision (4) of subsection (a) of this section and judges enumerated Senate Bill No. 440
Public Act No. 22-37 25 of 34
in subdivision (5) of subsection (a) of this section during their term of
office, and (4) persons excused from jury service pursuant to section 51-
217a who have not requested to be summoned for jury service pursuant
to said section. Persons requesting to be excluded pursuant to
subdivisions (1) and (2) of this subsection [must] shall provide the Jury
Administrator with their names, addresses, dates of birth and federal
Social Security numbers for use in matching. The request to be excluded
may be rescinded at any time with written notice to the Jury
Administrator.
Sec. 31. Subsection (a) of section 51-277a of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) (1) Whenever a peace officer, in the performance of such officer's
duties, uses physical force upon another person and such person dies as
a result thereof or uses deadly force, as defined in section 53a-3, upon
another person, the Division of Criminal Justice shall cause an
investigation to be made and the Inspector General shall have the
responsibility of determining whether the use of physical force by the
peace officer was justifiable under section 53a-22.
(2) (A) Except as provided under subdivision (1) of this subsection,
whenever a person dies in the custody of a peace officer or law
enforcement agency, the Inspector General shall investigate and
determine whether physical force was used by a peace officer upon the
deceased person, and if so, whether the use of physical force by the
peace officer was justifiable under section 53a-22. If the Inspector
General determines the deceased person may have died as a result of
criminal action not involving the use of force by a peace officer, the
Inspector General shall refer such case to the Chief State's Attorney or a
state's attorney for potential prosecution.
(B) Except as provided under subdivision (1) of this subsection or Senate Bill No. 440
Public Act No. 22-37 26 of 34
subparagraph (A) of subdivision (2) of this subsection, whenever a
person dies in the custody of the Commissioner of Correction, the
Inspector General shall investigate and determine whether the deceased
person may have died as a result of criminal action, and, if so, refer such
case to the Chief State's Attorney or a state's attorney for potential
prosecution.
(3) The Inspector General shall request the appropriate law
enforcement agency to provide such assistance as is necessary to
investigate and make a determination under subdivision (1) or (2) of this
subsection.
(4) Whenever a peace officer, in the performance of such officer's
duties, uses physical force or deadly force upon another person and
such person dies as a result thereof, the Inspector General shall complete
a preliminary status report that shall include, but need not be limited to,
(A) the name of the deceased person, (B) the gender, race, ethnicity and
age of the deceased person, (C) the date, time and location of the injury
causing such death, (D) the law enforcement agency involved, (E) the
status on the toxicology report, if available, and (F) the death certificate,
if available. The Inspector General shall complete the report and submit
a copy of such report not later than five business days after the cause of
the death is available to the Chief State's Attorney and, in accordance
with the provisions of section 11-4a, to the joint standing committees of
the General Assembly having cognizance of matters relating to the
judiciary and public safety.
Sec. 32. Subsection (c) of section 54-56e of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(c) This section shall not be applicable: (1) To any person charged
with (A) a class A felony, (B) a class B felony, except a violation of
subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does Senate Bill No. 440
Public Act No. 22-37 27 of 34
not involve the use, attempted use or threatened use of physical force
against another person, or a violation of subdivision (4) of subsection (a)
of section 53a-122 that does not involve the use, attempted use or
threatened use of physical force against another person and does not
involve a violation by a person who is a public official, as defined in
section 1-110, or a state or municipal employee, as defined in section 1-
110, or (C) a violation of section 53a-70b of the general statutes, revision
of 1958, revised to January 1, 2019, or section 14-227a or 14-227m,
subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2)
of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-
70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-
72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged
with a crime or motor vehicle violation who, as a result of the
commission of such crime or motor vehicle violation, causes the death
of another person, (3) to any person accused of a family violence crime
as defined in section 46b-38a who (A) is eligible for the pretrial family
violence education program established under section 46b-38c, or (B)
has previously had the pretrial family violence education program
invoked in such person's behalf, (4) to any person charged with a
violation of section 21a-267, 21a-279 or 21a-279a, who (A) is eligible for
the pretrial drug education and community service program established
under section 54-56i or the pretrial drug intervention and community
service program established under section 54-56q, as amended by this
act, or (B) has previously had (i) the pretrial drug education program,
(ii) the pretrial drug education and community service program
established under the provisions of section 54-56i, or (iii) the pretrial
drug intervention and community service program established under
section 54-56q, as amended by this act, invoked on such person's behalf,
(5) unless good cause is shown, to (A) any person charged with a class
C felony, or (B) any person charged with committing a violation of
subdivision (1) of subsection (a) of section 53a-71 while such person was
less than four years older than the other person, (6) to any person
charged with a violation of section 9-359 or 9-359a, (7) to any person Senate Bill No. 440
Public Act No. 22-37 28 of 34
charged with a motor vehicle violation (A) while operating a
commercial motor vehicle, as defined in section 14-1, or (B) who holds a
commercial driver's license or commercial driver's instruction permit at
the time of the violation, (8) to any person charged with a violation of
subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care
provider or vendor participating in the state's Medicaid program
charged with a violation of section 53a-122 or subdivision (4) of
subsection (a) of section 53a-123.
Sec. 33. Subsection (b) of section 54-56k of the 2022 supplement to the
general statutes, as amended by section 172 of public act 21-1 of the June
special session, is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(b) There shall be deposited in the pretrial account (1) all evaluation
fees collected pursuant to subsection (a) of section 54-56g and subsection
(b) of section 54-56i, (2) all program fees collected pursuant to
subsections (c) and (e) of section 54-56g and subsections (g) and (i) of
section 54-56i funds appropriated in subsection (a) of section 47 of
special act 01-1 of the June special session, (3) fees collected pursuant to
subdivision (2) of subsection (b), subdivision (1) of subsection (e) and
subparagraph (A) of subdivision (2) of subsection (k) of section 54-56q,
and (4) the evaluation fee collected pursuant to subdivision (2) of
subsection (b), and fees collected pursuant to subdivision (1) of
subsection (f) and subparagraph (A) of subdivision (2) of subsection (m)
of section 54-56r.
Sec. 34. Subdivision (1) of subsection (c) of section 54-56q of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(c) (1) The court, after consideration of the recommendation of the
state's attorney, assistant state's attorney or deputy assistant state's
attorney in charge of the case, may [, in its discretion,] grant the Senate Bill No. 440
Public Act No. 22-37 29 of 34
application for, and place the applicant in, the pretrial drug intervention
and community service program for a period of one year, subject to
confirmation of the applicant's eligibility to participate in the program.
Sec. 35. Subsection (a) of section 54-56r of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) (1) There is established a pretrial impaired driving intervention
program for persons charged with a violation of section 14-227a,
[section] 14-227g, [section] 14-227m, [section] 14-227n, subsection (d) of
section 15-133 or section 15-140n. The program shall consist of a twelve-
session alcohol education component or a substance use treatment
component of not less than fifteen sessions, and may also include a
victim impact component, as ordered by the court pursuant to
subsection (d) of this section.
(2) The provisions of this section shall not apply to any person:
(A) Who has been placed in the pretrial impaired driving intervention
program under this section or the pretrial alcohol education program
established under section 54-56g, within ten years immediately
preceding the application;
(B) Who has been convicted of a violation of section 14-227a, [section]
14-227g, [section] 14-227m, [section] 14-227n, [section] 15-132a,
subsection (d) of section 15-133 [,] or section 15-140l, [section] 15-140n,
[section] 53a-56b or [section] 53a-60d;
(C) Who has been convicted in any other state at any time of an
offense the essential elements of which are substantially the same as any
statutory provision set forth in subparagraph (B) of this subdivision;
(D) Who is charged with a violation of section 14-227a, 14-227g, 14-
227m or 14-227n (i) and held a commercial driver's license or Senate Bill No. 440
Public Act No. 22-37 30 of 34
commercial driver's instruction permit at the time of the violation; or (ii)
while operating a commercial motor vehicle, as defined in section 14-1;
or
(3) Whose alleged violation caused the serious physical injury, as
defined in section 53a-3, of another person, unless good cause is shown.
Sec. 36. Subdivision (1) of subsection (m) of section 54-56r of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(m) (1) Any person whose participation in the program is terminated
may ask the court to reinstate such person into the program up to two
times. If a person requests reinstatement into the program, the Court
Support Services Division shall verify that such person is eligible for
such reinstatement. If a person requesting reinstatement into the
program is eligible for reinstatement, the court may [, in its discretion,]
grant such person reinstatement into the program. When granting such
reinstatement, the court shall order the defendant to participate in an
appropriate alcohol education, substance use treatment or victim impact
component of the program.
Sec. 37. Subdivision (2) of subsection (o) of section 54-56r of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(2) For any person charged with a violation of section 14-227a,
[section] 14-227g, [section] 14-227m or [section] 14-227n whose charges
were dismissed pursuant to the provisions of this section, the division
shall transmit to the Department of Motor Vehicles the record of such
person's participation in the program. The Department of Motor
Vehicles shall maintain the record of any person's participation in such
program as part of such person's driving record for a period of ten years.
Sec. 38. Subsections (a) and (b) of section 54-64a of the 2022 Senate Bill No. 440
Public Act No. 22-37 31 of 34
supplement to the general statutes are repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(a) (1) Except as provided in subdivision (2) of this subsection and
subsection (b) of this section, when any arrested person is presented
before the Superior Court, said court shall, in bailable offenses,
promptly order the release of such person upon the first of the following
conditions of release found sufficient to reasonably ensure the
appearance of the arrested person in court: (A) Upon execution of a
written promise to appear without special conditions, (B) upon
execution of a written promise to appear with nonfinancial conditions,
(C) upon execution of a bond without surety in no greater amount than
necessary, or (D) upon execution of a bond with surety in no greater
amount than necessary, but in no event shall a judge prohibit a bond
from being posted by surety. In addition to or in conjunction with any
of the conditions enumerated in subparagraphs (A) to (D), inclusive, of
this subdivision the court may, when it has reason to believe that the
person is drug-dependent and where necessary, reasonable and
appropriate, order the person to submit to a urinalysis drug test and to
participate in a program of periodic drug testing and treatment. The
results of any such drug test shall not be admissible in any criminal
proceeding concerning such person.
(2) If the arrested person is charged with no offense other than a
misdemeanor, the court shall not impose financial conditions of release
on the person unless (A) the person is charged with a family violence
crime, as defined in section 46b-38a, or (B) the person requests such
financial conditions, or (C) the court makes a finding on the record that
there is a likely risk that (i) the arrested person will fail to appear in
court, as required, or (ii) the arrested person will obstruct or attempt to
obstruct justice, or threaten, injure or intimidate or attempt to threaten,
injure or intimidate a prospective witness or juror, or (iii) the arrested
person will engage in conduct that threatens the safety of himself or Senate Bill No. 440
Public Act No. 22-37 32 of 34
herself or another person. In making a finding described in this
subsection, the court may consider past criminal history, including any
prior record of failing to appear as required in court that resulted in any
conviction for a violation of section 53a-172 or any conviction during the
previous ten years for a violation of section 53a-173 and any other
pending criminal cases of the person charged with a misdemeanor.
(3) The court may, in determining what conditions of release will
reasonably ensure the appearance of the arrested person in court,
consider the following factors: (A) The nature and circumstances of the
offense, (B) such person's record of previous convictions, (C) such
person's past record of appearance in court, (D) such person's family
ties, (E) such person's employment record, (F) such person's financial
resources, character and mental condition, (G) such person's community
ties, and (H) in the case of a violation of section 53a-222a when the
condition of release was issued for a family violence crime, as defined
in section 46b-38a, the heightened risk posed to victims of family
violence by violations of conditions of release.
(b) (1) When any arrested person charged with the commission of a
class A felony, a class B felony, except a violation of section 53a-86 or
53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or
53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive,
section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216,
or a family violence crime, as defined in section 46b-38a, is presented
before the Superior Court, said court shall, in bailable offenses,
promptly order the release of such person upon the first of the following
conditions of release found sufficient to reasonably ensure the
appearance of the arrested person in court and that the safety of any
other person will not be endangered: (A) Upon such person's execution
of a written promise to appear without special conditions, (B) upon such
person's execution of a written promise to appear with nonfinancial
conditions, (C) upon such person's execution of a bond without surety Senate Bill No. 440
Public Act No. 22-37 33 of 34
in no greater amount than necessary, or (D) upon such person's
execution of a bond with surety in no greater amount than necessary,
but in no event shall a judge prohibit a bond from being posted by
surety. In addition to or in conjunction with any of the conditions
enumerated in subparagraphs (A) to (D), inclusive, of this subdivision,
the court may, when it has reason to believe that the person is drug-
dependent and where necessary, reasonable and appropriate, order the
person to submit to a urinalysis drug test and to participate in a program
of periodic drug testing and treatment. The results of any such drug test
shall not be admissible in any criminal proceeding concerning such
person.
(2) The court may, in determining what conditions of release will
reasonably ensure the appearance of the arrested person in court and
that the safety of any other person will not be endangered, consider the
following factors: (A) The nature and circumstances of the offense, (B)
such person's record of previous convictions, (C) such person's past
record of appearance in court after being admitted to bail, (D) such
person's family ties, (E) such person's employment record, (F) such
person's financial resources, character and mental condition, (G) such
person's community ties, (H) the number and seriousness of charges
pending against the arrested person, (I) the weight of the evidence
against the arrested person, (J) the arrested person's history of violence,
(K) whether the arrested person has previously been convicted of
similar offenses while released on bond, (L) the likelihood based upon
the expressed intention of the arrested person that such person will
commit another crime while released, and (M) the heightened risk
posed to victims of family violence by violations of conditions of release
and court orders of protection.
(3) When imposing conditions of release under this subsection, the
court shall state for the record any factors under subdivision (2) of this
subsection that it considered and the findings that it made as to the Senate Bill No. 440
Public Act No. 22-37 34 of 34
danger, if any, that the arrested person might pose to the safety of any
other person upon the arrested person's release that caused the court to
impose the specific conditions of release that it imposed.
Sec. 39. Subdivision (1) of section 54-125j of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(1) Outcomes of preliminary hearings, including whether (A)
probable cause of a parole violation was found and that the alleged
violation was serious enough to warrant revocation of parole, (B)
probable cause of a parole violation was found, but the alleged violation
was not serious enough to warrant revocation of parole, and (C) no
probable cause of a parole violation was found;
Sec. 40. Section 54-142d of the 2022 supplement to the general
statutes, as amended by section 4 of public act 21-32, is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023):
Whenever any person has been convicted of an offense in any court
in this state and such offense has been decriminalized subsequent to the
date of such conviction, such person may file a petition with the
[superior court] Superior Court at the location in which such conviction
was effected, or with the [superior court] Superior Court at the location
having custody of the records of such conviction if such conviction was
in the Court of Common Pleas, Circuit Court, municipal court or by a
trial justice, in the Superior Court where venue would currently exist for
criminal prosecution, for an order of erasure, and the Superior Court
shall immediately direct all police and court records and records of the
state's or prosecuting attorney pertaining to such offense to be
physically destroyed.