Connecticut 2024 Regular Session

Connecticut House Bill HB05294 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 5294
8	6		February Session, 2024
9	7		LCO No. 1746
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12	10		Referred to Committee on AGING
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14	12
15	13		Introduced by:
16	14		(AGE)
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20	19		AN ACT CONCERNING A REGISTRY OF PERSONS CONVICTED OF
21	20		FINANCIAL CRIMES AGAINST ELDERLY PERSONS.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. (NEW) (Effective from passage) For purposes of this section 1
26	25		and sections 2 to 4, inclusive, of this act, (1) "convicted" and "found not 2
27	26		guilty by reason of mental disease or defect" have the same meanings as 3
28	27		provided in section 54-280 of the general statutes, (2) "elderly person" 4
29	28		means a person sixty years of age or older, (3) "financial crime against 5
30	29		an elderly person" means a crime involving an elderly person as a victim 6
31	30		prosecuted under subdivision (4) of subsection (a) of section 53a-123 or 7
32	31		section 53a-125c, 53a-125d, 53a-125e, 53a-129b or 53a-129c of the general 8
33	32		statutes, provided the court makes a finding that, at the time the offense 9
34	33		was committed, the victim was sixty years of age or older, and (4) 10
35	34		"registrant" means a person required to register pursuant to sections 3 11
36	35		and 4 of this act. 12
37	36		Sec. 2. (NEW) (Effective from passage) (a) The Department of 13
38	37		Emergency Services and Public Protection shall, not later than July 1, 14
39		-	2025, establish and maintain a registry of all persons required to register 15 Bill No. 5294
	38	+	2025, establish and maintain a registry of all persons required to register 15 Raised Bill No. 5294
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46	44		under sections 3 and 4 of this act. The department shall, in cooperation 16
47	45		with the Office of the Chief Court Administrator, the Department of 17
48	46		Correction and the Psychiatric Security Review Board, develop 18
49	47		appropriate forms for use by persons to report registration information, 19
50	48		including changes of address. Upon receipt of registration information, 20
51	49		the department shall enter the information into the registry and notify 21
52	50		the local police department or state police troop having jurisdiction 22
53	51		where the registrant resides or plans to reside. 23
54	52		(b) Upon receiving notification pursuant to section 3 of this act that a 24
55	53		registrant has changed his or her address within the state, the 25
56	54		Department of Emergency Services and Public Protection shall enter the 26
57	55		information into the registry and notify the local police departments or 27
58	56		state police troops having jurisdiction where the registrant previously 28
59	57		resided and the jurisdiction to which the registrant has relocated. The 29
60	58		Commissioner of Emergency Services and Public Protection shall ensure 30
61	59		that the name and residential address of each registrant is available 31
62	60		through the Connecticut on-line law enforcement communications 32
63	61		teleprocessing system. If a registrant reports a residence in another state, 33
64	62		the department may notify the state police agency of that state or such 34
65	63		other agency in that state that maintains registry information, if known. 35
66	64		(c) The Department of Emergency Services and Public Protection may 36
67	65		suspend the registration of any person registered under sections 3 and 37
68	66		4 of this act while such person is incarcerated, under civil commitment 38
69	67		or residing outside this state. During the period that such registration is 39
70	68		under suspension, the department may withdraw the registration 40
71	69		information. Upon the release of the registrant from incarceration or 41
72	70		civil commitment or resumption of residency in this state by the 42
73	71		registrant, the department shall reinstate the registration and 43
74	72		redistribute the registration information in accordance with subsection 44
75	73		(b) of this section. Suspension of registration shall not affect the date of 45
76	74		expiration of the registration obligation of the registrant under section 3 46
77	75		of this act. 47
78		-	(d) Whenever the Commissioner of Emergency Services and Public 48 Bill No. 5294
	76	+	(d) Whenever the Commissioner of Emergency Services and Public 48 Raised Bill No. 5294
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85	82		Protection receives notice from a superior court pursuant to section 52-49
86	83		11 of the general statutes, as amended by this act, or a probate court 50
87	84		pursuant to section 45a-99 of the general statutes, as amended by this 51
88	85		act, that such court has ordered the change of name of a person, and the 52
89	86		department determines that such person is listed in the registry, the 53
90	87		department shall revise such person's registration information 54
91	88		accordingly. 55
92	89		(e) The Commissioner of Emergency Services and Public Protection 56
93	90		shall develop a protocol for the notification of other state agencies, the 57
94	91		Judicial Department and the applicable local police department or state 58
95	92		police troop whenever a person listed in the registry changes such 59
96	93		person's name and notifies the commissioner of the new name pursuant 60
97	94		to section 3 of this act or whenever the commissioner determines 61
98	95		pursuant to subsection (d) of this section that a person listed in the 62
99	96		registry has changed such person's name. 63
100	97		(f) The information in the registry shall be a public record or file for 64
101	98		the purposes of section 1-200 of the general statutes. 65
102	99		(g) Not later than two business days after entering the information of 66
103	100		a new offender in the registry, the Commissioner of Emergency Services 67
104	101		and Public Protection shall send the registry information to the 68
105	102		Commissioner of Public Health for inclusion in a searchable database 69
106	103		established pursuant to section 19a-491c of the general statutes, as 70
107	104		amended by this act, for persons seeking to hire individuals for 71
108	105		positions assisting elderly persons. 72
109	106		Sec. 3. (NEW) (Effective from passage) (a) (1) Any person who has been 73
110	107		convicted or found not guilty by reason of mental disease or defect of a 74
111	108		financial crime against an elderly person and is released into the 75
112	109		community on or after July 1, 2025, shall, within fourteen calendar days 76
113	110		following such release or, if such person is in the custody of the 77
114	111		Commissioner of Correction, at such time prior to release as the 78
115	112		Commissioner of Correction shall direct, whether or not such person's 79
116		-	place of residence is in this state, register in accordance with section 4 of 80 Bill No. 5294
	113	+	place of residence is in this state, register in accordance with section 4 of 80 Raised Bill No. 5294
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123	119		this section. A registrant shall maintain such registration for five years 81
124	120		from the initial date of registration. 82
125	121		(2) Prior to accepting a plea of guilty or nolo contendere from a 83
126	122		person with respect to a financial crime against an elderly person, a 84
127	123		court shall (A) inform the person that the entry of a finding of guilty 85
128	124		after acceptance of the plea will subject the person to the registration 86
129	125		requirements of this section, and (B) determine that the person fully 87
130	126		understands the consequences of the plea. 88
131	127		(3) If any person who is subject to registration under this section 89
132	128		changes such person's name, such person shall notify the Commissioner 90
133	129		of Emergency Services and Public Protection in writing of the new 91
134	130		name. If any person who is subject to registration under this section 92
135	131		changes such person's address, such person shall notify the 93
136	132		Commissioner of Emergency Services and Public Protection in writing 94
137	133		of the new address. During such period of registration, each registrant 95
138	134		shall complete and return any forms mailed to such registrant to verify 96
139	135		such registrant's residential address and shall submit to the retaking of 97
140	136		a photographic image upon request of the Commissioner of Emergency 98
141	137		Services and Public Protection. 99
142	138		(b) Any person required to register under this section shall, not later 100
143	139		than twenty calendar days after each anniversary date of such initial 101
144	140		registration, until the date such registration requirement expires under 102
145	141		subdivision (1) of subsection (a) of this section, personally appear at the 103
146	142		local police department or state police troop having jurisdiction where 104
147	143		the registrant resides to verify and update, as appropriate, the contents 105
148	144		of his or her registration. The local police department or state police 106
149	145		troop, as the case may be, may defer such requirement to personally 107
150	146		appear to a later date for good cause shown. Not later than thirty 108
151	147		calendar days prior to such anniversary date, the Department of 109
152	148		Emergency Services and Public Protection shall mail written notice of 110
153	149		the personal appearance requirement of this subsection to the registrant 111
154	150		and the local police department or state police troop having jurisdiction 112
155		-	where the registrant resides. Not later than thirty calendar days after the 113 Bill No. 5294
	151	+	where the registrant resides. Not later than thirty calendar days after the 113 Raised Bill No. 5294
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162	157		anniversary date of each registrant, the local police department or state 114
163	158		police troop having jurisdiction where the registrant resides shall notify 115
164	159		the Commissioner of Emergency Services and Public Protection, on such 116
165	160		form as the commissioner may prescribe, (1) whether the registrant 117
166	161		complied with the personal appearance requirement of this subsection 118
167	162		or whether such personal appearance requirement was deferred to a 119
168	163		later date for good cause shown, and (2) if the personal appearance 120
169	164		requirement was deferred to a later date for good cause shown, the later 121
170	165		date established for such personal appearance and a description of the 122
171	166		good cause shown. 123
172	167		(c) Any person subject to registration under this section who violates 124
173	168		any provisions of subsection (a) or (b) of this section, except a violation 125
174	169		consisting of failure to notify the Commissioner of Emergency Services 126
175	170		and Public Protection of a change of name or address, shall be guilty of 127
176	171		a class D felony. Any person who is subject to registration under this 128
177	172		section who fails to notify the Commissioner of Emergency Services and 129
178	173		Public Protection of a change of name or address not later than five 130
179	174		business days after such change of name or address shall be guilty of a 131
180	175		class D felony. 132
181	176		Sec. 4. (NEW) (Effective from passage) (a) The registration information 133
182	177		for each registrant required to register under section 3 of this act shall 134
183	178		include: 135
184	179		(1) The registrant's name, including any other name by which the 136
185	180		offender has been legally known, and any aliases used by the registrant; 137
186	181		(2) Identifying information, including, but not limited to, a physical 138
187	182		description of the registrant; 139
188	183		(3) The current residential address and electronic mail address of the 140
189	184		registrant; 141
190	185		(4) The date of conviction of the offense; 142
191		-	(5) A description of the offense; and 143 Bill No. 5294
	186	+	(5) A description of the offense; and 143 Raised Bill No. 5294
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198	192		(6) If the registrant was sentenced to a term of incarceration for such 144
199	193		offense, a portion of which was not suspended, the date the registrant 145
200	194		was released from such incarceration. 146
201	195		(b) The registrant shall sign and date the registration. 147
202	196		(c) At the time that the registrant appears for the purpose of 148
203	197		registering, the Department of Emergency Services and Public 149
204	198		Protection shall photograph the registrant and arrange for the 150
205	199		fingerprinting of the registrant and include such photograph and a 151
206	200		complete set of fingerprints in the registry. 152
207	201		(d) The Department of Emergency Services and Public Protection 153
208	202		may require the registrant to provide documentation to verify the 154
209	203		contents of the registration. 155
210	204		Sec. 5. Section 19a-491c of the general statutes is repealed and the 156
211	205		following is substituted in lieu thereof (Effective from passage): 157
212	206		(a) As used in this section: 158
213	207		(1) "Criminal history and patient abuse background search" or 159
214	208		"background search" means (A) a review of the registry of nurse's aides 160
215	209		maintained by the Department of Public Health pursuant to section 20-161
216	210		102bb, (B) checks of state and national criminal history records 162
217	211		conducted in accordance with section 29-17a, (C) on and after July 1, 163
218	212		2025, a review of the registry established under section 2 of this act, and 164
219	213		[(C)] (D) a review of any other registry specified by the Department of 165
220	214		Public Health which the department deems necessary for the 166
221	215		administration of a background search program. 167
222	216		(2) "Direct access" means physical access to a patient or resident of a 168
223	217		long-term care facility that affords an individual with the opportunity 169
224	218		to commit abuse or neglect against or misappropriate the property of a 170
225	219		patient or resident. 171
226		-	(3) "Disqualifying offense" means a conviction of (A) any crime 172 Bill No. 5294
	220	+	(3) "Disqualifying offense" means a conviction of (A) any crime 172
	221	+	described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated 173 Raised Bill No. 5294
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233		-	described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated 173
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234	227		finding of neglect, abuse or misappropriation of property by a state or 174
235	228		federal agency pursuant to an investigation conducted in accordance 175
236	229		with 42 USC 1395i-3(g)(1)(C) or 42 USC 1396r(g)(1)(C), or (C) a 176
237	230		conviction of a financial crime against an elderly person as defined in 177
238	231		section 1 of this act or any crime described in section 53a-59a, 53a-60b, 178
239	232		53a-60c, 53a-61a, 53a-321, 53a-322 or 53a-323. 179
240	233		(4) "Long-term care facility" means any facility, agency or provider 180
241	234		that is a nursing home, as defined in section 19a-521, a residential care 181
242	235		home, as defined in section 19a-521, a home health care agency, hospice 182
243	236		agency or home health aide agency, as defined in section 19a-490, an 183
244	237		assisted living services agency, as defined in section 19a-490, an 184
245	238		intermediate care facility for individuals with intellectual disabilities, as 185
246	239		defined in 42 USC 1396d(d), except any such facility operated by a 186
247	240		Department of Developmental Services' program subject to background 187
248	241		checks pursuant to section 17a-227a, a chronic disease hospital, as 188
249	242		defined in section 19a-490, or an agency providing hospice care which 189
250	243		is licensed to provide such care by the Department of Public Health or 190
251	244		certified to provide such care pursuant to 42 USC 1395x. 191
252	245		(b) The Department of Public Health shall create and implement a 192
253	246		criminal history and patient abuse background search program, within 193
254	247		available appropriations, in order to facilitate the performance, 194
255	248		processing and analysis of the criminal history and patient abuse 195
256	249		background search of individuals who have direct access. 196
257	250		(c) (1) Except as provided in subdivision (2) of this subsection, each 197
258	251		long-term care facility, prior to extending an offer of employment to, or 198
259	252		entering into a contract for, the provision of long-term care services with 199
260	253		any individual who will have direct access, or prior to allowing any 200
261	254		individual to begin volunteering at such long-term care facility when 201
262	255		the long-term care facility reasonably expects such volunteer will 202
263	256		regularly perform duties that are substantially similar to those of an 203
264	257		employee with direct access, shall require that such individual submit 204
265		-	to a background search. The Department of Public Health shall 205 Bill No. 5294
	258	+	to a background search. The Department of Public Health shall 205
	259	+	prescribe the manner by which (A) long-term care facilities perform the 206 Raised Bill No. 5294
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272		-	prescribe the manner by which (A) long-term care facilities perform the 206
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273	265		review of (i) the registry of nurse's aides maintained by the department 207
274	266		pursuant to section 20-102bb, and (ii) any other registry specified by the 208
275	267		department, including requiring long-term care facilities to report the 209
276	268		results of such review to the department, and (B) individuals submit to 210
277	269		state and national criminal history records checks, including requiring 211
278	270		the Department of Emergency Services and Public Protection to report 212
279	271		the results of such checks to the Department of Public Health. 213
280	272		(2) No long-term care facility shall be required to comply with the 214
281	273		provisions of this subsection if (A) the individual provides evidence to 215
282	274		the long-term care facility that such individual submitted to a 216
283	275		background search conducted pursuant to subdivision (1) of this 217
284	276		subsection not more than three years immediately preceding the date 218
285	277		such individual applies for employment, seeks to enter into a contract 219
286	278		or begins volunteering with the long-term care facility and that the prior 220
287	279		background search confirmed that the individual did not have a 221
288	280		disqualifying offense, or (B) the commissioner determines the need to 222
289	281		temporarily suspend the requirements of this subsection in the event of 223
290	282		an emergency or significant disruption. The commissioner shall inform 224
291	283		the long-term care facility when the commissioner has suspended the 225
292	284		requirements of this subsection pursuant to subparagraph (B) of this 226
293	285		subdivision and when such suspension is rescinded. 227
294	286		(d) (1) The Department of Public Health shall review all reports 228
295	287		provided to the department pursuant to subsection (c) of this section. If 229
296	288		any such report contains evidence indicating that an individual has a 230
297	289		disqualifying offense, the department shall provide notice to the 231
298	290		individual and the long-term care facility indicating the disqualifying 232
299	291		offense and providing the individual with the opportunity to file a 233
300	292		request for a waiver pursuant to subdivisions (2) and (3) of this 234
301	293		subsection. 235
302	294		(2) An individual may file a written request for a waiver with the 236
303	295		department not later than thirty days after the date the department 237
304		-	mails notice to the individual pursuant to subdivision (1) of this 238 Bill No. 5294
	296	+	mails notice to the individual pursuant to subdivision (1) of this 238
	297	+	subsection. The department shall mail a written determination 239 Raised Bill No. 5294
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311		-	subsection. The department shall mail a written determination 239
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312	303		indicating whether the department shall grant a waiver pursuant to 240
313	304		subdivision (3) of this subsection not later than fifteen business days 241
314	305		after the department receives the written request from the individual, 242
315	306		except that said time period shall not apply to any request for a waiver 243
316	307		in which an individual challenges the accuracy of the information 244
317	308		obtained from the background search. 245
318	309		(3) The department may grant a waiver from the provisions of 246
319	310		subsection (e) of this section to an individual who identifies mitigating 247
320	311		circumstances surrounding the disqualifying offense, including (A) 248
321	312		inaccuracy in the information obtained from the background search, (B) 249
322	313		lack of a relationship between the disqualifying offense and the position 250
323	314		for which the individual has applied, (C) evidence that the individual 251
324	315		has pursued or achieved rehabilitation with regard to the disqualifying 252
325	316		offense, or (D) that substantial time has elapsed since committing the 253
326	317		disqualifying offense. The department and its employees shall be 254
327	318		immune from liability, civil or criminal, that might otherwise be 255
328	319		incurred or imposed, for good faith conduct in granting waivers 256
329	320		pursuant to this subdivision. 257
330	321		(4) After completing a review pursuant to subdivision (1) of this 258
331	322		subsection, the department shall notify in writing the long-term care 259
332	323		facility to which the individual has applied for employment or with 260
333	324		which the individual seeks to enter into a contract or volunteer (A) of 261
334	325		any disqualifying offense and any information the individual provided 262
335	326		to the department regarding mitigating circumstances surrounding 263
336	327		such offense, or of the lack of a disqualifying offense, and (B) whether 264
337	328		the department granted a waiver pursuant to subdivision (3) of this 265
338	329		subsection. 266
339	330		(e) Notwithstanding the provisions of section 46a-80, no long-term 267
340	331		care facility shall employ an individual required to submit to a 268
341	332		background search, contract with any such individual to provide long-269
342	333		term care services or allow such individual to volunteer if the long-term 270
343		-	care facility receives notice from the department that the individual has 271 Bill No. 5294
	334	+	care facility receives notice from the department that the individual has 271
	335	+	a disqualifying offense in the individual's background search and the 272 Raised Bill No. 5294
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350		-	a disqualifying offense in the individual's background search and the 272
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351	341		department has not granted a waiver pursuant to subdivision (3) of 273
352	342		subsection (d) of this section. A long-term care facility may, but is not 274
353	343		obligated to, employ, enter into a contract with or allow to volunteer an 275
354	344		individual who was granted a waiver pursuant to said subdivision (3). 276
355	345		(f) (1) Except as provided in subdivision (2) of this subsection, a long-277
356	346		term care facility shall not employ, enter into a contract with or allow to 278
357	347		volunteer any individual required to submit to a background search 279
358	348		until the long-term care facility receives notice from the Department of 280
359	349		Public Health pursuant to subdivision (4) of subsection (d) of this 281
360	350		section. 282
361	351		(2) A long-term care facility may employ, enter into a contract with 283
362	352		or allow to volunteer an individual required to submit to a background 284
363	353		search on a conditional basis before the long-term care facility receives 285
364	354		notice from the department that such individual does not have a 286
365	355		disqualifying offense, provided: (A) The employment or contractual or 287
366	356		volunteer period on a conditional basis shall last not more than sixty 288
367	357		days, except the sixty-day time period may be extended by the 289
368	358		department to allow for the filing and consideration of written request 290
369	359		for a waiver of a disqualifying offense filed by an individual pursuant 291
370	360		to subsection (d) of this section, (B) the long-term care facility has begun 292
371	361		the review required under subsection (c) of this section and the 293
372	362		individual has submitted to checks pursuant to subsection (c) of this 294
373	363		section, (C) the individual is subject to direct, on-site supervision during 295
374	364		the course of such conditional employment or contractual or volunteer 296
375	365		period, and (D) the individual, in a signed statement (i) affirms that the 297
376	366		individual has not committed a disqualifying offense, and (ii) 298
377	367		acknowledges that a disqualifying offense reported in the background 299
378	368		search required by subsection (c) of this section shall constitute good 300
379	369		cause for termination and a long-term care facility may terminate the 301
380	370		individual if a disqualifying offense is reported in said background 302
381	371		search. 303
382		-	(g) [Records] Except as provided in subsection (i) of this section, 304 Bill No. 5294
	372	+	(g) [Records] Except as provided in subsection (i) of this section, 304
	373	+	records and information with respect to any individual that are obtained 305 Raised Bill No. 5294
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388	376
389		-	records and information with respect to any individual that are obtained 305
	377	+	LCO No. 1746 11 of 14
	378	+
390	379		by the department pursuant to this section shall not be subject to 306
391	380		disclosure under section 1-210. 307
392	381		(h) On and after July 1, 2025, the Department of Public Health shall 308
393	382		include in the background search program the names, last-known 309
394	383		addresses and information on the offenses of persons who have 310
395	384		registered with the Commissioner of Emergency Services and Public 311
396	385		Protection pursuant to sections 3 and 4 of this act. 312
397	386		(i) On and after August 1, 2025, the Department of Public Health shall 313
398	387		include on the department's Internet web site a link to the background 314
399	388		search program that allows the public to search the program by name of 315
400	389		a person. The listing will show such person's last-known address, 316
401	390		convictions or other disciplinary actions taken and a general description 317
402	391		of offenses committed by the person. 318
403	392		[(h)] (j) The department shall adopt regulations, in accordance with 319
404	393		the provisions of chapter 54, to implement the provisions of this section. 320
405	394		The department may implement policies and procedures consistent 321
406	395		with the provisions of this section while in the process of adopting such 322
407	396		policies and procedures as regulation, provided notice of intention to 323
408	397		adopt regulations is [printed in the Connecticut Law Journal] posted on 324
409	398		the eRegulations System not later than twenty days after the date of 325
410	399		implementation. Such policies and procedures shall be valid until the 326
411	400		time final regulations are effective. 327
412	401		Sec. 6. Section 45a-99 of the general statutes is repealed and the 328
413	402		following is substituted in lieu thereof (Effective from passage): 329
414	403		(a) The courts of probate shall have concurrent jurisdiction with the 330
415	404		Superior Court, as provided in section 52-11, as amended by this act, to 331
416	405		grant a change of name, except a change of name granted in accordance 332
417	406		with subsection (a) of section 46b-63, except that no court of probate may 333
418	407		issue an order or otherwise allow for the change of name of a person 334
419		-	who is required to register with the Commissioner of Emergency 335 Bill No. 5294
	408	+	who is required to register with the Commissioner of Emergency 335
	409	+	Services and Public Protection as a sexual offender, [or] as an offender 336
	410	+	convicted of committing a crime with a deadly weapon or as an offender 337 Raised Bill No. 5294
420	411
421	412
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425	413
426		-	~~Services and Public Protection as a sexual offender,~~ ~~[or] as an offender 336~~
427		-	~~convicted of committing a crime with a deadly weapon or as an offender 337~~
	414	+	LCO No. 1746 12 of 14
	415	+
428	416		convicted of committing a financial crime against an elderly person, as 338
429	417		defined in section 1 of this act, unless such person complies with the 339
430	418		requirements of subdivision (1) of subsection (b) of this section. 340
431	419		(b) (1) Any person who is required to register with the Commissioner 341
432	420		of Emergency Services and Public Protection as a sexual offender, [or] 342
433	421		as an offender convicted of committing a crime with a deadly weapon 343
434	422		or as an offender convicted of committing a financial crime against an 344
435	423		elderly person who files an application with the Court of Probate for a 345
436	424		change of name shall (A) prior to filing such application, notify the 346
437	425		Commissioner of Emergency Services and Public Protection, on such 347
438	426		form as the commissioner may prescribe, that the person intends to file 348
439	427		an application for a change of name, indicating the change of name 349
440	428		sought, and (B) include with such application a sworn statement that 350
441	429		such change of name is not being sought for the purpose of avoiding the 351
442	430		legal consequences of a criminal conviction, including, but not limited 352
443	431		to, a criminal conviction that requires such person to register as a sexual 353
444	432		offender, [or] as an offender convicted of committing a crime with a 354
445	433		deadly weapon or as an offender convicted of committing a financial 355
446	434		crime against an elderly person. 356
447	435		(2) The Commissioner of Emergency Services and Public Protection 357
448	436		shall have standing to challenge such person's application for a change 358
449	437		of name in the court of probate where such change of name is sought. 359
450	438		The commissioner shall challenge the change of name through the 360
451	439		Attorney General. The court of probate may deny such person's 361
452	440		application for a change of name if the court finds, by a preponderance 362
453	441		of the evidence, that the person is applying for such change of name for 363
454	442		the purpose of avoiding the legal consequences of a criminal conviction. 364
455	443		(c) Whenever the court, pursuant to this section, orders a change of 365
456	444		name of a person, the court shall notify the Commissioner of Emergency 366
457	445		Services and Public Protection of the issuance of such order if the court 367
458		-	finds that such person is listed in the registry established and 368 Bill No. 5294
	446	+	finds that such person is listed in the registry established and 368
	447	+	maintained pursuant to section 54-257, [or] in the registry established 369
	448	+	and maintained pursuant to section 54-280 or, on and after July 1, 2025, 370 Raised Bill No. 5294
459	449
460	450
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464	451
465		-	~~maintained pursuant to section 54-257, [or] in the registry established 369~~
466		-	~~and maintained pursuant to section 54-280 or, on and after July 1, 2025, 370~~
	452	+	LCO No. 1746 13 of 14
	453	+
467	454		in the registry established and maintained pursuant to section 2 of this 371
468	455		act. 372
469	456		Sec. 7. Section 52-11 of the general statutes is repealed and the 373
470	457		following is substituted in lieu thereof (Effective from passage): 374
471	458		(a) The superior court in each judicial district shall have jurisdiction 375
472	459		of complaints praying for a change of name, brought by any person 376
473	460		residing in the judicial district, and may change the name of the 377
474	461		complainant, who shall thereafter be known by the name prescribed by 378
475	462		said court in its decree, except that no superior court may issue an order 379
476	463		or otherwise allow for the change of name of a person who is required 380
477	464		to register with the Commissioner of Emergency Services and Public 381
478	465		Protection as a sexual offender, [or] as an offender convicted of 382
479	466		committing a crime with a deadly weapon or as an offender convicted 383
480	467		of committing a financial crime against an elderly person as defined in 384
481	468		section 1 of this act unless such person complies with the requirements 385
482	469		of subdivision (1) of subsection (b) of this section. 386
483	470		(b) (1) Any person who is required to register with the Commissioner 387
484	471		of Emergency Services and Public Protection as a sexual offender, [or] 388
485	472		as an offender convicted of committing a crime with a deadly weapon 389
486	473		or as an offender convicted of committing a financial crime against an 390
487	474		elderly person who files an application with the [Superior Court] 391
488	475		superior court for a change of name shall (A) prior to filing such 392
489	476		application, notify the Commissioner of Emergency Services and Public 393
490	477		Protection, on such form as the commissioner may prescribe, that the 394
491	478		person intends to file an application for a change of name, indicating the 395
492	479		change of name sought, and (B) include with such application a sworn 396
493	480		statement that such change of name is not being sought for the purpose 397
494	481		of avoiding the legal consequences of a criminal conviction, including, 398
495	482		but not limited to, a criminal conviction that requires such person to 399
496	483		register as a sexual offender, [or] as an offender convicted of committing 400
497		-	a crime with a deadly weapon or as an offender convicted of committing 401 Bill No. 5294
	484	+	a crime with a deadly weapon or as an offender convicted of committing 401
	485	+	a financial crime against an elderly person. 402 Raised Bill No. 5294
498	486
499	487
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503	488
504		-	a financial crime against an elderly person. 402
	489	+	LCO No. 1746 14 of 14
	490	+
505	491		(2) The Commissioner of Emergency Services and Public Protection 403
506	492		shall have standing to challenge such person's application for a change 404
507	493		of name in the superior court where such change of name is sought. The 405
508	494		commissioner shall challenge the change of name through the Attorney 406
509	495		General. The superior court may deny such person's application for a 407
510	496		change of name if the court finds, by a preponderance of the evidence, 408
511	497		that the person is applying for such change of name for the purpose of 409
512	498		avoiding the legal consequences of a criminal conviction. 410
513	499		(c) Whenever the court, pursuant to this section, orders a change of 411
514	500		name of a person, the clerk of the court shall notify the Commissioner 412
515	501		of Emergency Services and Public Protection of the issuance of such 413
516	502		order if the clerk finds that such person is listed in the registry 414
517	503		established and maintained pursuant to section 54-257, [or] in the 415
518	504		registry established and maintained pursuant to section 54-280 or, on 416
519	505		and after July 1, 2025, in the registry established and maintained 417
520	506		pursuant to section 2 of this act. 418
521	507		This act shall take effect as follows and shall amend the following
522	508		sections:
523	509
524	510		Section 1 from passage New section
525	511		Sec. 2 from passage New section
526	512		Sec. 3 from passage New section
527	513		Sec. 4 from passage New section
528	514		Sec. 5 from passage 19a-491c
529	515		Sec. 6 from passage 45a-99
530	516		Sec. 7 from passage 52-11
531	517
532		-	AGE Joint Favorable
	518	+	Statement of Purpose:
	519	+	To establish a registry of persons convicted of financial crimes against
	520	+	elderly persons.
	521	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	522	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	523	+	underlined.]
533	524