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OLR Bill Analysis
HB 5505
AN ACT CONCERNING SELF -DEFENSE, DEFENSE OF A THIRD
PERSON AND ASSISTING IN OR EFFECTING AN ARREST AS
AFFIRMATIVE DEFENSES.
SUMMARY
For any case involving the use of physical force, this bill allows a
defendant to request a pre-trial hearing on a motion to dismiss the case
or individual charges against him or her if the defendant claims, as a
defense, that he or she was justified in using physical force when (1)
defending himself, herself, or someone else or (2) as a private person or
as directed by certain officials, assisting in or effecting an arrest or
preventing an escape (see BACKGROUND). The judge must hear the
motion within 45 days and dismiss the case or charge if the defendant
establishes by a preponderance of the evidence that he or she qualifies
for the defense. (The bill refers to these defenses as “affirmative
defenses,” however, by law, they are justification defenses (see CGS §
53a-16). Among other differences, the two defenses have distinct
burdens of proof if raised at a trial (see CGS § 53a-12).)
The bill also adds the availability of affirmative defenses to the list of
factors that (1) the judicial branch’s Court Support Services Division
(CSSD) must consider when creating uniform criteria for releasing
arrestees and (2) judges may consider when determining conditions of
release for people arrested for certain serious offenses.
EFFECTIVE DATE: October 1, 2024
CSSD UNIFORM CRITERI A FOR ARRESTEE RELEA SE
By law, CSSD must establish written, uniform, weighted criteria for
releasing an accused after an arrest, with a required preference for the
least restrictive release conditions (1) necessary to ensure the
defendant’s court appearance and (2) sufficient to reasonably ensure 2024HB-05505-R000544-BA.DOCX
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that anyone else’s safety will not be endangered. Existing law requires
the criteria to be based on certain factors, such as the defendant’s past
convictions and financial resources. The bill also requires the criteria to
consider any affirmative defense available to the defendant.
COURT FACTORS FOR CE RTAIN SERIOUS OFFENS ES
By law, when an arrested person is presented to the court for certain
serious crimes, the court generally must promptly order the person’s
release on the first of the following conditions sufficient to reasonably
ensure the person’s appearance in court and that another person’s safety
will not be endangered: (1) written promise to appear without special
conditions, (2) written promise to appear with non-financial conditions,
or (3) bond, with or without surety, in no greater amount than
necessary. (Courts cannot require cash-only bail.) This applies if the
person is charged with a class A felony; a class B or C felony, with
limited exceptions; one of certain class D felonies; or a family violence
crime.
Existing law specifies several factors that the court may consider in
setting the release conditions. The bill additionally allows the court to
consider any affirmative defense available to the person.
By law, different provisions apply to the release criteria for (1) serious
firearm offenses or (2) other crimes (CGS § 54-64(a) & (c)).
BACKGROUND
Justified Use of Force to Defend Self or Others
By law, a person is generally justified in using reasonable physical
force to defend himself, herself, or a third person from what he or she
reasonably believes to be the use or imminent use of force, and may use
the degree of force reasonably believed necessary. Generally, a person
can instead use deadly force if he or she reasonably believes that
someone is using or about to use deadly physical force or inflict great
bodily harm on them or someone else.
But despite these provisions, a person cannot use deadly force if he
or she can avoid doing so with complete safety by (1) retreating, with 2024HB-05505-R000544-BA.DOCX
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certain exceptions (such as not having to do so at the person’s home); (2)
surrendering possession to property the other person claims to own; or
(3) obeying a demand to not take an action he or she is not otherwise
required to take.
The law provides certain other exceptions to the justified use of
physical force, such as if the person provoked the attack with intent to
cause injury or death to someone else (CGS § 53a-19).
Justified Use of Force by Private People Helping in Arrests or to
Prevent Escapes
By law, a person who has been directed by a peace officer or certain
other officials to assist the officer or official to effect an arrest or prevent
an escape from custody is justified in using reasonable physical force
when and to the extent that the person reasonably believes is necessary
to carry out the officer’s or official’s direction (CGS § 53a-22(e)).
(Different criteria apply to the deadly use of force in this situation; the
bill’s pre-trial hearing provisions do not reference those cases.)
The law also allows a private person, acting on their own, to use
reasonable physical force when and to the extent he or she reasonably
believes is necessary to effect an arrest or to prevent the escape from
custody of an arrested person whom the person reasonably believes to
have committed an offense and who in fact has done so. But the person
is not justified in using deadly force except when allowed by the self-
defense law described above (CGS § 53a-22(g)).
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 36 Nay 0 (03/28/2024)