Connecticut 2024 Regular Session

Connecticut House Bill HB05505 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 3052 1 of 4
	3	+	LCO No. 3052 1 of 4
4	4
5	5		General Assembly Raised Bill No. 5505
6	6		February Session, 2024
7	7		LCO No. 3052
8	8
9	9
10	10		Referred to Committee on JUDICIARY
11	11
12	12
13	13		Introduced by:
14	14		(JUD)
	15	+
15	16
16	17
17	18
18	19		AN ACT CONCERNING SELF -DEFENSE, DEFENSE OF A THIRD
19	20		PERSON AND ASSISTING IN OR EFFECTING AN ARREST AS
20	21		AFFIRMATIVE DEFENSES.
21	22		Be it enacted by the Senate and House of Representatives in General
22	23		Assembly convened:
23	24
24	25		Section 1. (NEW) (Effective October 1, 2024) In any case where a 1
25	26		defendant has a claim to the affirmative defense of the justified use of 2
26	27		physical force in (1) defense of such person pursuant to subsection (a) of 3
27	28		section 53a-19 of the general statutes, (2) defense of a third person 4
28	29		pursuant to subsection (a) of section 53a-19 of the general statutes, or (3) 5
29	30		assisting in or effecting an arrest of a person or preventing the escape of 6
30	31		an arrested person pursuant to subsection (e) or (g) of section 53a-22 of 7
31	32		the general statutes, such defendant may request a hearing on a motion 8
32	33		to dismiss such case or individual charge, as applicable, in advance of 9
33	34		trial. A judge of the Superior Court shall hear such motion not later than 10
34	35		forty-five days following such request by the defendant. If the 11
35	36		defendant establishes by a preponderance of the evidence that such 12
36	37		defendant qualifies for the affirmative defense, the judge shall dismiss 13
37		-	the case or charge, as applicable. 14 Bill No. 5505
	38	+	the case or charge, as applicable. 14 Raised Bill No. 5505
38	39
39	40
40		-	LCO 3052 2 of 4
	41	+
	42	+	LCO No. 3052 2 of 4
41	43
42	44		Sec. 2. Subsection (b) of section 54-63b of the general statutes is 15
43	45		repealed and the following is substituted in lieu thereof (Effective October 16
44	46		1, 2024): 17
45	47		(b) The Court Support Services Division shall establish written 18
46	48		uniform weighted release criteria based upon the premise that the least 19
47	49		restrictive condition or conditions of release necessary to ensure the 20
48	50		appearance in court of the defendant and sufficient to reasonably ensure 21
49	51		the safety of any other person will not be endangered is the pretrial 22
50	52		release alternative of choice. Such criteria shall be based on, but not be 23
51	53		limited to, the following considerations: (1) The nature and 24
52	54		circumstances of the offense insofar as they are relevant to the risk of 25
53	55		nonappearance; (2) the defendant's record of previous convictions; (3) 26
54	56		the defendant's past record of appearance in court after being admitted 27
55	57		to bail; (4) the defendant's family ties; (5) the defendant's employment 28
56	58		record; (6) the defendant's financial resources, character and mental 29
57	59		condition; [and] (7) the defendant's community ties, and (8) any 30
58	60		affirmative defense available to such defendant. 31
59	61		Sec. 3. Subsection (b) of section 54-64a of the 2024 supplement to the 32
60	62		general statutes is repealed and the following is substituted in lieu 33
61	63		thereof (Effective October 1, 2024): 34
62	64		(b) (1) Except as provided in subsection (c) of this section, any 35
63	65		arrested person charged with the commission of a class A felony, a class 36
64	66		B felony, except a violation of section 53a-86 or 53a-122, a class C felony, 37
65	67		except a violation of section 53a-87, 53a-152 or 53a-153, or a class D 38
66	68		felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-39
67	69		95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence 40
68	70		crime, as defined in section 46b-38a, is presented before the Superior 41
69	71		Court, said court shall, in bailable offenses, promptly order the release 42
70	72		of such person upon the first of the following conditions of release found 43
71	73		sufficient to reasonably ensure the appearance of the arrested person in 44
72	74		court and that the safety of any other person will not be endangered: (A) 45
73	75		Upon such person's execution of a written promise to appear without 46
74		-	special conditions, (B) upon such person's execution of a written 47 Bill No. 5505
	76	+	special conditions, (B) upon such person's execution of a written 47 Raised Bill No. 5505
75	77
76	78
77		-	LCO 3052 3 of 4
	79	+
	80	+	LCO No. 3052 3 of 4
78	81
79	82		promise to appear with nonfinancial conditions, (C) upon such person's 48
80	83		execution of a bond without surety in no greater amount than necessary, 49
81	84		or (D) upon such person's execution of a bond with surety in no greater 50
82	85		amount than necessary, but in no event shall a judge prohibit a bond 51
83	86		from being posted by surety. In addition to or in conjunction with any 52
84	87		of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 53
85	88		this subdivision, the court may, when it has reason to believe that the 54
86	89		person is drug-dependent and where necessary, reasonable and 55
87	90		appropriate, order the person to submit to a urinalysis drug test and to 56
88	91		participate in a program of periodic drug testing and treatment. The 57
89	92		results of any such drug test shall not be admissible in any criminal 58
90	93		proceeding concerning such person. 59
91	94		(2) The court may, in determining what conditions of release will 60
92	95		reasonably ensure the appearance of the arrested person in court and 61
93	96		that the safety of any other person will not be endangered, consider the 62
94	97		following factors: (A) The nature and circumstances of the offense, (B) 63
95	98		such person's record of previous convictions, (C) such person's past 64
96	99		record of appearance in court after being admitted to bail, (D) such 65
97	100		person's family ties, (E) such person's employment record, (F) such 66
98	101		person's financial resources, character and mental condition, (G) such 67
99	102		person's community ties, (H) the number and seriousness of charges 68
100	103		pending against the arrested person, (I) the weight of the evidence 69
101	104		against the arrested person, (J) the arrested person's history of violence, 70
102	105		(K) whether the arrested person has previously been convicted of 71
103	106		similar offenses while released on bond, (L) the likelihood based upon 72
104	107		the expressed intention of the arrested person that such person will 73
105	108		commit another crime while released, [and] (M) the heightened risk 74
106	109		posed to victims of family violence by violations of conditions of release 75
107	110		and court orders of protection, and (N) any affirmative defense available 76
108	111		to such arrested person. 77
109	112		(3) When imposing conditions of release under this subsection, the 78
110	113		court shall state for the record any factors under subdivision (2) of this 79
111	114		subsection that it considered and the findings that it made as to the 80
112		-	danger, if any, that the arrested person might pose to the safety of any 81 Bill No. 5505
	115	+	danger, if any, that the arrested person might pose to the safety of any 81 Raised Bill No. 5505
113	116
114	117
115		-	LCO 3052 4 of 4
	118	+
	119	+	LCO No. 3052 4 of 4
116	120
117	121		other person upon the arrested person's release that caused the court to 82
118	122		impose the specific conditions of release that it imposed. 83
119	123		This act shall take effect as follows and shall amend the following
120	124		sections:
121	125
122	126		Section 1 October 1, 2024 New section
123	127		Sec. 2 October 1, 2024 54-63b(b)
124	128		Sec. 3 October 1, 2024 54-64a(b)
125	129
126		-	JUD Joint Favorable
	130	+	Statement of Purpose:
	131	+	To permit a defendant to request that a case or charge be dismissed due
	132	+	to an affirmative defense of self-defense, defense of a third person or
	133	+	assisting in or effecting the arrest of a person, and add to the list of
	134	+	factors a court considers when determining conditions of pretrial release
	135	+	of a defendant or arrested person whether such person has any available
	136	+	affirmative defenses.
	137	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	138	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	139	+	underlined.]
127	140