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General Assembly Raised Bill No. 138
February Session, 2024
LCO No. 1035
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT CONCERNING THE WAIVER OF CERTAIN CRIMINAL
HISTORY RECORDS CHECK FEES FOR AN INDIGENT PERSON
SEEKING A PARDON.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 29-11 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2024): 2
(a) The bureau in the Division of State Police within the Department 3
of Emergency Services and Public Protection known as the State Police 4
Bureau of Identification shall be maintained for the purposes of: (1) 5
Providing an authentic record of each person sixteen years of age or over 6
who is charged with the commission of any crime involving moral 7
turpitude, (2) providing definite information relative to the identity of 8
each person so arrested, (3) providing a record of the final judgment of 9
the court resulting from such arrest, unless such record has been erased 10
pursuant to section 54-142a, and (4) maintaining a central repository of 11
complete criminal history record disposition information. The 12
Commissioner of Emergency Services and Public Protection is directed 13
to maintain the State Police Bureau of Identification, which bureau shall 14 Raised Bill No. 138
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receive, classify and file in an orderly manner all fingerprints, pictures 15
and descriptions, including previous criminal records as far as known 16
of all persons so arrested, and shall classify and file in a like manner all 17
identification material and records received from the government of the 18
United States and from the various state governments and subdivisions 19
thereof, and shall cooperate with such governmental units in the 20
exchange of information relative to criminals. The State Police Bureau of 21
Identification shall accept fingerprints of applicants for admission to the 22
bar of the state and, to the extent permitted by federal law, shall 23
exchange state, multistate and federal criminal history records with the 24
State Bar Examining Committee for purposes of investigation of the 25
qualifications of any applicant for admission as an attorney under 26
section 51-80. The record of all arrests reported to the bureau after March 27
16, 1976, shall contain information of any disposition within ninety days 28
after the disposition has occurred. 29
(b) Any cost incurred by the State Police Bureau of Identification in 30
conducting any name search and fingerprinting of applicants for 31
admission to the bar of the state shall be paid from fees collected by the 32
State Bar Examining Committee. 33
(c) (1) (A) The Commissioner of Emergency Services and Public 34
Protection shall charge the following fees for the service indicated: (i) 35
Name search, thirty-six dollars; (ii) fingerprint search, seventy-five 36
dollars; (iii) personal record search, seventy-five dollars; (iv) letters of 37
good conduct search, seventy-five dollars; (v) bar association search, 38
seventy-five dollars; (vi) fingerprinting, fifteen dollars; and (vii) 39
criminal history record information search, seventy-five dollars. 40
(B) The commissioner may waive fees imposed under subparagraph 41
(A)(vii) of this subdivision for any applicant requesting a criminal 42
history record information search for the purpose of applying for a 43
pardon authorized pursuant to section 54-124a, provided such applicant 44
completes a form prescribed by the Department of Emergency Services 45
and Public Protection representing such person's indigency. 46 Raised Bill No. 138
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(2) Except as provided in subsection (b) of this section, the provisions 47
of this subsection shall not apply to any (A) federal, state or municipal 48
agency, (B) volunteer fire company or department, or (C) volunteer 49
ambulance service or company. The commissioner shall not require a 50
volunteer fire company or department or a volunteer ambulance service 51
or company to provide proof of insurance as a condition to receiving the 52
waiver of fees pursuant to the provisions of this subsection. 53
(d) (1) The Commissioner of Emergency Services and Public 54
Protection may enter into one or more agreements with independent 55
contractors requiring such contractors to receive and transmit by 56
electronic means fingerprints and demographic information to the State 57
Police Bureau of Identification for the processing of criminal history 58
records checks. The commissioner shall require such contractors to 59
comply with terms and conditions as the commissioner shall prescribe 60
to protect and ensure the security, privacy, confidentiality and value of 61
the fingerprints and demographic information received and transmitted 62
by such contractors. [The] Except as provided in subdivision (2) of this 63
subsection, the commissioner may authorize such contractors to charge 64
a convenience fee, which shall not exceed thirty dollars, for 65
fingerprinting. 66
(2) An independent contractor shall not charge an individual the 67
convenience fee authorized under subdivision (1) of this subsection 68
when such individual (A) requests receipt and transmission of 69
fingerprints and demographic information for the processing of a 70
criminal history records check for the purpose of applying for a pardon 71
authorized pursuant to section 54-124a, and (B) applies for a waiver of 72
such fee due to indigency, on a form prescribed by the Department of 73
Emergency Services and Public Protection, and the commissioner 74
approves such waiver. When the commissioner approves such a waiver, 75
the commissioner shall pay such fee to such contractor. 76
(e) The Commissioner of Emergency Services and Public Protection 77
may adopt regulations, in accordance with the provisions of chapter 54, 78
necessary to implement the provisions of the National Child Protection 79 Raised Bill No. 138
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Act of 1993, the Violent Crime Control and Law Enforcement Act of 80
1994, the Volunteers for Children Act of 1998, and the National Crime 81
Prevention and Privacy Compact as provided in section 29-164f to 82
provide for national criminal history records checks to determine an 83
employee's or volunteer's suitability and fitness to care for the safety 84
and well-being of children, the elderly and individuals with disabilities. 85
(f) No processing or distribution fees for providing a criminal history 86
report and no fee associated with electronic preregistration with the 87
Connecticut criminal history request system shall be charged to an 88
individual when such individual (1) is seeking such report or such 89
preregistration for the purpose of applying for a pardon authorized 90
pursuant to section 54-124a, and (2) applies for a waiver of such fees due 91
to indigency, on a form prescribed by the Department of Emergency 92
Services and Public Protection, and the commissioner approves such 93
waiver. If the commissioner waives any fee charged by a municipal 94
police department pursuant to this subsection, the commissioner may, 95
on request from such department, reimburse the department for the 96
waived fee. 97
(g) The commissioner shall make the forms described in 98
subparagraph (B) of subdivision (1) of subsection (c) of this section, 99
subparagraph (B) of subdivision (2) of subsection (d) of this section and 100
subdivision (2) of subsection (f) of this section available on the Internet 101
web site of the State Police Bureau of Identification and provide such 102
forms to each location where a municipal police department provides 103
fingerprinting services. Such forms shall be prominently displayed at 104
such locations, along with other materials and documents necessary to 105
complete an application for a pardon pursuant to section 54-124a. 106
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 29-11
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Statement of Purpose:
To allow the waiver of certain criminal history records check fees for an
indigent person who is seeking a pardon.
[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.]