LCO 1035 \\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00138-R01- SB.docx 1 of 4 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 Section 29-11 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2024): 2 (a) The bureau in the Division of State Police within the Department 3 of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 receive, classify and file in an orderly manner all fingerprints, pictures 15 Bill No. 138 LCO 1035 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00138- R01-SB.docx } 2 of 4 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 (2) Except as provided in subsection (b) of this section, the provisions 47 Bill No. 138 LCO 1035 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00138- R01-SB.docx } 3 of 4 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 Act of 1993, the Violent Crime Control and Law Enforcement Act of 80 Bill No. 138 LCO 1035 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00138- R01-SB.docx } 4 of 4 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 PS Joint Favorable