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General Assembly Raised Bill No. 5505
February Session, 2024
LCO No. 3052
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING SELF -DEFENSE, DEFENSE OF A THIRD
PERSON AND ASSISTING IN OR EFFECTING AN ARREST AS
AFFIRMATIVE DEFENSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2024) In any case where a 1
defendant has a claim to the affirmative defense of the justified use of 2
physical force in (1) defense of such person pursuant to subsection (a) of 3
section 53a-19 of the general statutes, (2) defense of a third person 4
pursuant to subsection (a) of section 53a-19 of the general statutes, or (3) 5
assisting in or effecting an arrest of a person or preventing the escape of 6
an arrested person pursuant to subsection (e) or (g) of section 53a-22 of 7
the general statutes, such defendant may request a hearing on a motion 8
to dismiss such case or individual charge, as applicable, in advance of 9
trial. A judge of the Superior Court shall hear such motion not later than 10
forty-five days following such request by the defendant. If the 11
defendant establishes by a preponderance of the evidence that such 12
defendant qualifies for the affirmative defense, the judge shall dismiss 13
the case or charge, as applicable. 14 Bill No. 5505
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Sec. 2. Subsection (b) of section 54-63b of the general statutes is 15
repealed and the following is substituted in lieu thereof (Effective October 16
1, 2024): 17
(b) The Court Support Services Division shall establish written 18
uniform weighted release criteria based upon the premise that the least 19
restrictive condition or conditions of release necessary to ensure the 20
appearance in court of the defendant and sufficient to reasonably ensure 21
the safety of any other person will not be endangered is the pretrial 22
release alternative of choice. Such criteria shall be based on, but not be 23
limited to, the following considerations: (1) The nature and 24
circumstances of the offense insofar as they are relevant to the risk of 25
nonappearance; (2) the defendant's record of previous convictions; (3) 26
the defendant's past record of appearance in court after being admitted 27
to bail; (4) the defendant's family ties; (5) the defendant's employment 28
record; (6) the defendant's financial resources, character and mental 29
condition; [and] (7) the defendant's community ties, and (8) any 30
affirmative defense available to such defendant. 31
Sec. 3. Subsection (b) of section 54-64a of the 2024 supplement to the 32
general statutes is repealed and the following is substituted in lieu 33
thereof (Effective October 1, 2024): 34
(b) (1) Except as provided in subsection (c) of this section, any 35
arrested person charged with the commission of a class A felony, a class 36
B felony, except a violation of section 53a-86 or 53a-122, a class C felony, 37
except a violation of section 53a-87, 53a-152 or 53a-153, or a class D 38
felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-39
95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence 40
crime, as defined in section 46b-38a, is presented before the Superior 41
Court, said court shall, in bailable offenses, promptly order the release 42
of such person upon the first of the following conditions of release found 43
sufficient to reasonably ensure the appearance of the arrested person in 44
court and that the safety of any other person will not be endangered: (A) 45
Upon such person's execution of a written promise to appear without 46
special conditions, (B) upon such person's execution of a written 47 Bill No. 5505
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promise to appear with nonfinancial conditions, (C) upon such person's 48
execution of a bond without surety in no greater amount than necessary, 49
or (D) upon such person's execution of a bond with surety in no greater 50
amount than necessary, but in no event shall a judge prohibit a bond 51
from being posted by surety. In addition to or in conjunction with any 52
of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 53
this subdivision, the court may, when it has reason to believe that the 54
person is drug-dependent and where necessary, reasonable and 55
appropriate, order the person to submit to a urinalysis drug test and to 56
participate in a program of periodic drug testing and treatment. The 57
results of any such drug test shall not be admissible in any criminal 58
proceeding concerning such person. 59
(2) The court may, in determining what conditions of release will 60
reasonably ensure the appearance of the arrested person in court and 61
that the safety of any other person will not be endangered, consider the 62
following factors: (A) The nature and circumstances of the offense, (B) 63
such person's record of previous convictions, (C) such person's past 64
record of appearance in court after being admitted to bail, (D) such 65
person's family ties, (E) such person's employment record, (F) such 66
person's financial resources, character and mental condition, (G) such 67
person's community ties, (H) the number and seriousness of charges 68
pending against the arrested person, (I) the weight of the evidence 69
against the arrested person, (J) the arrested person's history of violence, 70
(K) whether the arrested person has previously been convicted of 71
similar offenses while released on bond, (L) the likelihood based upon 72
the expressed intention of the arrested person that such person will 73
commit another crime while released, [and] (M) the heightened risk 74
posed to victims of family violence by violations of conditions of release 75
and court orders of protection, and (N) any affirmative defense available 76
to such arrested person. 77
(3) When imposing conditions of release under this subsection, the 78
court shall state for the record any factors under subdivision (2) of this 79
subsection that it considered and the findings that it made as to the 80
danger, if any, that the arrested person might pose to the safety of any 81 Bill No. 5505
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other person upon the arrested person's release that caused the court to 82
impose the specific conditions of release that it imposed. 83
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 New section
Sec. 2 October 1, 2024 54-63b(b)
Sec. 3 October 1, 2024 54-64a(b)
JUD Joint Favorable