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General Assembly Raised Bill No. 6636
January Session, 2023
LCO No. 3392
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE PROTECTION OF CRIME VICTIMS WHEN
STANDING CRIMINAL PROTECTIVE ORDERS ARE IN EFFECT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 54-130a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2023): 2
(a) Jurisdiction over the granting of, and the authority to grant, 3
commutations of punishment or releases, conditioned or absolute, in the 4
case of any person convicted of any offense against the state and 5
commutations from the penalty of death shall be vested in the Board of 6
Pardons and Paroles. 7
(b) The board shall have authority to grant pardons, conditioned, 8
provisional or absolute, or certificates of rehabilitation for any offense 9
against the state at any time after the imposition and before or after the 10
service of any sentence. 11
(c) The board may accept an application for a pardon three years after 12
an applicant's conviction of a misdemeanor or violation and five years 13
after an applicant's conviction of a felony, except that the board, upon a 14 Raised Bill No. 6636
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finding of extraordinary circumstances, may accept an application for a 15
pardon prior to such dates. 16
(d) The board may not accept an application for a pardon if the 17
applicant's conviction for which the pardon is sought resulted in the 18
issuance of a standing criminal protective order that is in effect at the 19
time of the application for a pardon. The board shall provide written 20
notification to the applicant of the process and procedures that permit 21
an individual to request that a standing criminal order be vacated. 22
[(d)] (e) Whenever the board grants an absolute pardon to any 23
person, the board shall cause notification of such pardon to be made in 24
writing to the clerk of the court in which such person was convicted, or 25
the Office of the Chief Court Administrator if such person was convicted 26
in the Court of Common Pleas, the Circuit Court, a municipal court, or 27
a trial justice court. 28
[(e)] (f) Whenever the board grants a provisional pardon or a 29
certificate of rehabilitation to any person, the board shall cause 30
notification of such provisional pardon or certificate of rehabilitation to 31
be made in writing to the clerk of the court in which such person was 32
convicted. The granting of a provisional pardon or a certificate of 33
rehabilitation does not entitle such person to erasure of the record of the 34
conviction of the offense or relieve such person from disclosing the 35
existence of such conviction as may be required. 36
[(f)] (g) In the case of any person convicted of a violation for which a 37
sentence to a term of imprisonment may be imposed, the board shall 38
have authority to grant a pardon, conditioned, provisional or absolute, 39
or a certificate of rehabilitation in the same manner as in the case of any 40
person convicted of an offense against the state. 41
[(g)] (h) The board shall not deny any application for a pardon, unless 42
the board provides a statement in writing to the applicant of the factors 43
considered when determining whether the applicant qualified for the 44
pardon and an explanation as to which factors were not satisfied. 45 Raised Bill No. 6636
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This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 54-130a
Statement of Purpose:
To ensure that the Board of Pardons and Paroles is not issuing pardons
in matters involving crime victims who are protected by standing
criminal protective orders.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]