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General Assembly Raised Bill No. 7121
January Session, 2025
LCO No. 4827
Referred to Committee on VETERANS' AND MILITARY
AFFAIRS
Introduced by:
(VA)
AN ACT EXCLUDING VETERANS' FEDERAL SERVICE-CONNECTED
DISABILITY BENEFITS FOR PURPOSES OF ELIGIBILITY FOR
ASSISTANCE FROM A PUBLIC DEFENDER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 51-297 of the general statutes, as amended by 1
section 201 of public act 23-204, is repealed and the following is 2
substituted in lieu thereof (Effective July 1, 2025): 3
(a) A public defender, assistant public defender or deputy assistant 4
public defender shall make such investigation of the financial status of 5
each person he has been appointed to represent or who has requested 6
representation based on indigency, as he deems necessary. He shall 7
cause the person to complete a written statement under oath or 8
affirmation setting forth his liabilities and assets, income and sources 9
thereof, and such other information which the commission shall 10
designate and require on forms furnished for such purpose. 11
(b) Any person who intentionally falsifies a written statement in 12
order to obtain appointment of a public defender, assistant public 13 Raised Bill No. 7121
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defender or deputy assistant public defender shall be guilty of a class A 14
misdemeanor. 15
(c) If a public defender, assistant public defender or deputy assistant 16
public defender is appointed to provide assistance to any person and he 17
subsequently determines that the person is ineligible for assistance, the 18
public defender, assistant public defender or deputy assistant public 19
defender shall promptly inform the person in writing and make a 20
motion to withdraw his appearance if filed, or his appointment if made 21
by the court, as soon as it is practical to do so without prejudice to the 22
case, giving the defendant a reasonable time to secure private counsel. 23
If the withdrawal is granted by the court, the person shall reimburse the 24
commission for any assistance which has been provided for which the 25
person is ineligible. 26
(d) Reimbursement to the commission shall be made in accordance 27
with a schedule of reasonable charges for public defender services 28
which shall be provided by the commission. 29
(e) The Chief Public Defender or anyone serving under him may 30
institute an investigation into the financial status of each defendant at 31
such times as the circumstances shall warrant. In connection therewith, 32
he shall have the authority to require a defendant or the parents, 33
guardians or other persons responsible for the support of a minor 34
defendant, child or youth, or those persons holding property in trust or 35
otherwise for a defendant, child or youth, to execute and deliver such 36
written authorizations as may be necessary to provide the Chief Public 37
Defender, or anyone serving under him, with access to records of public 38
or private sources, otherwise confidential, or any other information, 39
which may be relevant to the making of a decision as to eligibility under 40
this chapter. The Chief Public Defender, the Deputy Chief Public 41
Defender, and each public defender, assistant public defender and 42
deputy assistant public defender or designee, are authorized to obtain 43
information from any office of the state or any subdivision or agency 44
thereof on request and without payment of any fees. 45 Raised Bill No. 7121
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(f) (1) As used in this chapter, "indigent defendant" means (A) a 46
person who is formally charged with the commission of a crime 47
punishable by imprisonment and who does not have the financial ability 48
at the time of his request for representation to secure competent legal 49
representation and to provide other necessary expenses of legal 50
representation; (B) a child who has a right to counsel under the 51
provisions of subsection (a) of section 46b-135 and who does not have 52
the financial ability at the time of his request for representation to secure 53
competent legal representation and to provide other necessary expenses 54
of legal representation; or (C) any person who has a right to counsel 55
under section 46b-136 and who does not have the financial ability at the 56
time of his request for representation to secure competent legal 57
representation and to provide other necessary expenses of legal 58
representation. 59
(2) An assessment determining whether a person has the financial 60
ability to secure competent legal representation and to provide other 61
necessary expenses of legal representation or qualifies as an indigent 62
defendant pursuant to subdivision (1) of this subsection shall be based 63
upon guidelines established by the commission. The commission shall 64
annually establish such guidelines providing that a person whose 65
income, which shall exclude all service-connected disability benefits 66
administered by the United States Department of Veterans Affairs and 67
otherwise be calculated as described in such guidelines, is two hundred 68
fifty per cent or less of the federal poverty level may qualify as an 69
indigent defendant. The commission shall make such guidelines 70
available to the public on the Division of Public Defender Service's 71
Internet web site. 72
(g) If the Chief Public Defender or anyone serving under the Chief 73
Public Defender determines that an individual is not eligible to receive 74
the services of a public defender under this chapter, the individual may 75
appeal the decision to the court before which the individual's case is 76
pending. 77 Raised Bill No. 7121
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This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2025 51-297
VA Joint Favorable