Connecticut 2024 Regular Session

Connecticut Senate Bill SB00138 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 138
8	6		February Session, 2024
9	7		LCO No. 1035
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12	10		Referred to Committee on PUBLIC SAFETY AND SECURITY
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14	12
15	13		Introduced by:
16	14		(PS)
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19	19		AN ACT CONCERNING THE WAIVER OF CERTAIN CRIMINAL
20	20		HISTORY RECORDS CHECK FEES FOR AN INDIGENT PERSON
21	21		SEEKING A PARDON.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Section 29-11 of the general statutes is repealed and the 1
26	26		following is substituted in lieu thereof (Effective July 1, 2024): 2
27	27		(a) The bureau in the Division of State Police within the Department 3
28	28		of Emergency Services and Public Protection known as the State Police 4
29	29		Bureau of Identification shall be maintained for the purposes of: (1) 5
30	30		Providing an authentic record of each person sixteen years of age or over 6
31	31		who is charged with the commission of any crime involving moral 7
32	32		turpitude, (2) providing definite information relative to the identity of 8
33	33		each person so arrested, (3) providing a record of the final judgment of 9
34	34		the court resulting from such arrest, unless such record has been erased 10
35	35		pursuant to section 54-142a, and (4) maintaining a central repository of 11
36	36		complete criminal history record disposition information. The 12
37	37		Commissioner of Emergency Services and Public Protection is directed 13
38		-	to maintain the State Police Bureau of Identification, which bureau shall 14
39		-	receive, classify and file in an orderly manner all fingerprints, pictures 15 Bill No. 138
	38	+	to maintain the State Police Bureau of Identification, which bureau shall 14 Raised Bill No. 138
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41	40
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	44	+	receive, classify and file in an orderly manner all fingerprints, pictures 15
46	45		and descriptions, including previous criminal records as far as known 16
47	46		of all persons so arrested, and shall classify and file in a like manner all 17
48	47		identification material and records received from the government of the 18
49	48		United States and from the various state governments and subdivisions 19
50	49		thereof, and shall cooperate with such governmental units in the 20
51	50		exchange of information relative to criminals. The State Police Bureau of 21
52	51		Identification shall accept fingerprints of applicants for admission to the 22
53	52		bar of the state and, to the extent permitted by federal law, shall 23
54	53		exchange state, multistate and federal criminal history records with the 24
55	54		State Bar Examining Committee for purposes of investigation of the 25
56	55		qualifications of any applicant for admission as an attorney under 26
57	56		section 51-80. The record of all arrests reported to the bureau after March 27
58	57		16, 1976, shall contain information of any disposition within ninety days 28
59	58		after the disposition has occurred. 29
60	59		(b) Any cost incurred by the State Police Bureau of Identification in 30
61	60		conducting any name search and fingerprinting of applicants for 31
62	61		admission to the bar of the state shall be paid from fees collected by the 32
63	62		State Bar Examining Committee. 33
64	63		(c) (1) (A) The Commissioner of Emergency Services and Public 34
65	64		Protection shall charge the following fees for the service indicated: (i) 35
66	65		Name search, thirty-six dollars; (ii) fingerprint search, seventy-five 36
67	66		dollars; (iii) personal record search, seventy-five dollars; (iv) letters of 37
68	67		good conduct search, seventy-five dollars; (v) bar association search, 38
69	68		seventy-five dollars; (vi) fingerprinting, fifteen dollars; and (vii) 39
70	69		criminal history record information search, seventy-five dollars. 40
71	70		(B) The commissioner may waive fees imposed under subparagraph 41
72	71		(A)(vii) of this subdivision for any applicant requesting a criminal 42
73	72		history record information search for the purpose of applying for a 43
74	73		pardon authorized pursuant to section 54-124a, provided such applicant 44
75	74		completes a form prescribed by the Department of Emergency Services 45
76		-	and Public Protection representing such person's indigency. 46
77		-	(2) Except as provided in subsection (b) of this section, the provisions 47 Bill No. 138
	75	+	and Public Protection representing such person's indigency. 46 Raised Bill No. 138
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	81	+	(2) Except as provided in subsection (b) of this section, the provisions 47
84	82		of this subsection shall not apply to any (A) federal, state or municipal 48
85	83		agency, (B) volunteer fire company or department, or (C) volunteer 49
86	84		ambulance service or company. The commissioner shall not require a 50
87	85		volunteer fire company or department or a volunteer ambulance service 51
88	86		or company to provide proof of insurance as a condition to receiving the 52
89	87		waiver of fees pursuant to the provisions of this subsection. 53
90	88		(d) (1) The Commissioner of Emergency Services and Public 54
91	89		Protection may enter into one or more agreements with independent 55
92	90		contractors requiring such contractors to receive and transmit by 56
93	91		electronic means fingerprints and demographic information to the State 57
94	92		Police Bureau of Identification for the processing of criminal history 58
95	93		records checks. The commissioner shall require such contractors to 59
96	94		comply with terms and conditions as the commissioner shall prescribe 60
97	95		to protect and ensure the security, privacy, confidentiality and value of 61
98	96		the fingerprints and demographic information received and transmitted 62
99	97		by such contractors. [The] Except as provided in subdivision (2) of this 63
100	98		subsection, the commissioner may authorize such contractors to charge 64
101	99		a convenience fee, which shall not exceed thirty dollars, for 65
102	100		fingerprinting. 66
103	101		(2) An independent contractor shall not charge an individual the 67
104	102		convenience fee authorized under subdivision (1) of this subsection 68
105	103		when such individual (A) requests receipt and transmission of 69
106	104		fingerprints and demographic information for the processing of a 70
107	105		criminal history records check for the purpose of applying for a pardon 71
108	106		authorized pursuant to section 54-124a, and (B) applies for a waiver of 72
109	107		such fee due to indigency, on a form prescribed by the Department of 73
110	108		Emergency Services and Public Protection, and the commissioner 74
111	109		approves such waiver. When the commissioner approves such a waiver, 75
112	110		the commissioner shall pay such fee to such contractor. 76
113	111		(e) The Commissioner of Emergency Services and Public Protection 77
114	112		may adopt regulations, in accordance with the provisions of chapter 54, 78
115		-	necessary to implement the provisions of the National Child Protection 79
116		-	Act of 1993, the Violent Crime Control and Law Enforcement Act of 80 Bill No. 138
	113	+	necessary to implement the provisions of the National Child Protection 79 Raised Bill No. 138
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	119	+	Act of 1993, the Violent Crime Control and Law Enforcement Act of 80
123	120		1994, the Volunteers for Children Act of 1998, and the National Crime 81
124	121		Prevention and Privacy Compact as provided in section 29-164f to 82
125	122		provide for national criminal history records checks to determine an 83
126	123		employee's or volunteer's suitability and fitness to care for the safety 84
127	124		and well-being of children, the elderly and individuals with disabilities. 85
128	125		(f) No processing or distribution fees for providing a criminal history 86
129	126		report and no fee associated with electronic preregistration with the 87
130	127		Connecticut criminal history request system shall be charged to an 88
131	128		individual when such individual (1) is seeking such report or such 89
132	129		preregistration for the purpose of applying for a pardon authorized 90
133	130		pursuant to section 54-124a, and (2) applies for a waiver of such fees due 91
134	131		to indigency, on a form prescribed by the Department of Emergency 92
135	132		Services and Public Protection, and the commissioner approves such 93
136	133		waiver. If the commissioner waives any fee charged by a municipal 94
137	134		police department pursuant to this subsection, the commissioner may, 95
138	135		on request from such department, reimburse the department for the 96
139	136		waived fee. 97
140	137		(g) The commissioner shall make the forms described in 98
141	138		subparagraph (B) of subdivision (1) of subsection (c) of this section, 99
142	139		subparagraph (B) of subdivision (2) of subsection (d) of this section and 100
143	140		subdivision (2) of subsection (f) of this section available on the Internet 101
144	141		web site of the State Police Bureau of Identification and provide such 102
145	142		forms to each location where a municipal police department provides 103
146	143		fingerprinting services. Such forms shall be prominently displayed at 104
147	144		such locations, along with other materials and documents necessary to 105
148	145		complete an application for a pardon pursuant to section 54-124a. 106
149	146		This act shall take effect as follows and shall amend the following
150	147		sections:
151	148
152	149		Section 1 July 1, 2024 29-11
	150	+	Raised Bill No. 138
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154		-	PS Joint Favorable
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	156	+	Statement of Purpose:
	157	+	To allow the waiver of certain criminal history records check fees for an
	158	+	indigent person who is seeking a pardon.
	159	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	160	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	161	+	underlined.]
155	162