Connecticut 2025 Regular Session

Connecticut House Bill HB07121 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 4827 1 of 4
	3	+	LCO No. 4827 1 of 4
4	4
5	5		General Assembly Raised Bill No. 7121
6	6		January Session, 2025
7	7		LCO No. 4827
8	8
9	9
10	10		Referred to Committee on VETERANS' AND MILITARY
11	11		AFFAIRS
12	12
13	13
14	14		Introduced by:
15	15		(VA)
	16	+
16	17
17	18
18	19
19	20		AN ACT EXCLUDING VETERANS' FEDERAL SERVICE -CONNECTED
20	21		DISABILITY BENEFITS FOR PURPOSES OF ELIGIBILITY FOR
21	22		ASSISTANCE FROM A PUBLIC DEFENDER.
22	23		Be it enacted by the Senate and House of Representatives in General
23	24		Assembly convened:
24	25
25	26		Section 1. Section 51-297 of the general statutes, as amended by 1
26	27		section 201 of public act 23-204, is repealed and the following is 2
27	28		substituted in lieu thereof (Effective July 1, 2025): 3
28	29		(a) A public defender, assistant public defender or deputy assistant 4
29	30		public defender shall make such investigation of the financial status of 5
30	31		each person he has been appointed to represent or who has requested 6
31	32		representation based on indigency, as he deems necessary. He shall 7
32	33		cause the person to complete a written statement under oath or 8
33	34		affirmation setting forth his liabilities and assets, income and sources 9
34	35		thereof, and such other information which the commission shall 10
35	36		designate and require on forms furnished for such purpose. 11
36	37		(b) Any person who intentionally falsifies a written statement in 12
37		-	order to obtain appointment of a public defender, assistant public 13 Raised Bill No. 7121
	38	+	order to obtain appointment of a public defender, assistant public 13
	39	+	Raised Bill No. 7121
38	40
39	41
40		-	LCO 4827 2 of 4
	42	+
	43	+	LCO No. 4827 2 of 4
41	44
42	45		defender or deputy assistant public defender shall be guilty of a class A 14
43	46		misdemeanor. 15
44	47		(c) If a public defender, assistant public defender or deputy assistant 16
45	48		public defender is appointed to provide assistance to any person and he 17
46	49		subsequently determines that the person is ineligible for assistance, the 18
47	50		public defender, assistant public defender or deputy assistant public 19
48	51		defender shall promptly inform the person in writing and make a 20
49	52		motion to withdraw his appearance if filed, or his appointment if made 21
50	53		by the court, as soon as it is practical to do so without prejudice to the 22
51	54		case, giving the defendant a reasonable time to secure private counsel. 23
52	55		If the withdrawal is granted by the court, the person shall reimburse the 24
53	56		commission for any assistance which has been provided for which the 25
54	57		person is ineligible. 26
55	58		(d) Reimbursement to the commission shall be made in accordance 27
56	59		with a schedule of reasonable charges for public defender services 28
57	60		which shall be provided by the commission. 29
58	61		(e) The Chief Public Defender or anyone serving under him may 30
59	62		institute an investigation into the financial status of each defendant at 31
60	63		such times as the circumstances shall warrant. In connection therewith, 32
61	64		he shall have the authority to require a defendant or the parents, 33
62	65		guardians or other persons responsible for the support of a minor 34
63	66		defendant, child or youth, or those persons holding property in trust or 35
64	67		otherwise for a defendant, child or youth, to execute and deliver such 36
65	68		written authorizations as may be necessary to provide the Chief Public 37
66	69		Defender, or anyone serving under him, with access to records of public 38
67	70		or private sources, otherwise confidential, or any other information, 39
68	71		which may be relevant to the making of a decision as to eligibility under 40
69	72		this chapter. The Chief Public Defender, the Deputy Chief Public 41
70	73		Defender, and each public defender, assistant public defender and 42
71	74		deputy assistant public defender or designee, are authorized to obtain 43
72	75		information from any office of the state or any subdivision or agency 44
73		-	thereof on request and without payment of any fees. 45 Raised Bill No. 7121
	76	+	thereof on request and without payment of any fees. 45
	77	+	Raised Bill No. 7121
74	78
75	79
76		-	LCO 4827 3 of 4
	80	+
	81	+	LCO No. 4827 3 of 4
77	82
78	83		(f) (1) As used in this chapter, "indigent defendant" means (A) a 46
79	84		person who is formally charged with the commission of a crime 47
80	85		punishable by imprisonment and who does not have the financial ability 48
81	86		at the time of his request for representation to secure competent legal 49
82	87		representation and to provide other necessary expenses of legal 50
83	88		representation; (B) a child who has a right to counsel under the 51
84	89		provisions of subsection (a) of section 46b-135 and who does not have 52
85	90		the financial ability at the time of his request for representation to secure 53
86	91		competent legal representation and to provide other necessary expenses 54
87	92		of legal representation; or (C) any person who has a right to counsel 55
88	93		under section 46b-136 and who does not have the financial ability at the 56
89	94		time of his request for representation to secure competent legal 57
90	95		representation and to provide other necessary expenses of legal 58
91	96		representation. 59
92	97		(2) An assessment determining whether a person has the financial 60
93	98		ability to secure competent legal representation and to provide other 61
94	99		necessary expenses of legal representation or qualifies as an indigent 62
95	100		defendant pursuant to subdivision (1) of this subsection shall be based 63
96	101		upon guidelines established by the commission. The commission shall 64
97	102		annually establish such guidelines providing that a person whose 65
98	103		income, which shall exclude all service-connected disability benefits 66
99	104		administered by the United States Department of Veterans Affairs and 67
100	105		otherwise be calculated as described in such guidelines, is two hundred 68
101	106		fifty per cent or less of the federal poverty level may qualify as an 69
102	107		indigent defendant. The commission shall make such guidelines 70
103	108		available to the public on the Division of Public Defender Service's 71
104	109		Internet web site. 72
105	110		(g) If the Chief Public Defender or anyone serving under the Chief 73
106	111		Public Defender determines that an individual is not eligible to receive 74
107	112		the services of a public defender under this chapter, the individual may 75
108	113		appeal the decision to the court before which the individual's case is 76
109		-	pending. 77 Raised Bill No. 7121
	114	+	pending. 77
	115	+	Raised Bill No. 7121
110	116
111	117
112		-	LCO 4827 4 of 4
	118	+
	119	+	LCO No. 4827 4 of 4
113	120
114	121		This act shall take effect as follows and shall amend the following
115	122		sections:
116	123
117	124		Section 1 July 1, 2025 51-297
118	125
119		-	VA Joint Favorable
	126	+	Statement of Purpose:
	127	+	To exclude all service-connected disability benefits administered by the
	128	+	United States Department of Veterans Affairs from consideration when
	129	+	determining eligibility for assistance from a public defender based on
	130	+	indigency.
	131	+
	132	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	133	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	134	+	underlined.]
120	135