Connecticut 2025 Regular Session

Connecticut House Bill HB07259 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 7259
66 January Session, 2025
77 LCO No. 6794
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1010 Referred to Committee on JUDICIARY
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1313 Introduced by:
1414 (JUD)
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1919 AN ACT CONCERNING REVISIONS TO VARIOUS STATUTES
2020 CONCERNING CRIMINAL JUSTICE.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Subsection (a) of section 54-102j of the general statutes is 1
2525 repealed and the following is substituted in lieu thereof (Effective October 2
2626 1, 2025): 3
2727 (a) It shall be the duty of the Division of Scientific Services within the 4
2828 Department of Emergency Services and Public Protection to receive 5
2929 blood or other biological samples and to analyze, classify and file the 6
3030 results of DNA identification characteristics profiles of blood or other 7
3131 biological samples submitted pursuant to section 54-102g and to make 8
3232 such information available as provided in this section, except that the 9
3333 division shall analyze samples taken pursuant to subsection (a) of 10
3434 section 54-102g only as available resources allow. The results of an 11
3535 analysis and comparison of the identification characteristics from two 12
3636 or more blood or other biological samples shall be made available 13
3737 directly to federal, state and local law enforcement officers upon request 14
3838 made in furtherance of an official investigation of any criminal offense. 15
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4545 Only when a sample or DNA profile supplied by the person making the 16
4646 request satisfactorily matches a profile in the data bank shall the 17
4747 existence of data in the data bank be confirmed or identifying 18
4848 information from the data bank be disseminated, except that if the 19
4949 results of an analysis and comparison do not reveal a match between the 20
5050 sample or samples supplied and a DNA profile contained in the data 21
5151 bank, the division may, upon request of the law enforcement officer, 22
5252 indicate whether the DNA profile of a named [individual] person is 23
5353 contained in the data bank provided the law enforcement officer has a 24
5454 reasonable and articulable suspicion that such [individual] person has 25
5555 committed the criminal offense being investigated. A request pursuant 26
5656 to this subsection may be made by personal contact, mail or electronic 27
5757 means. The name of the person making the request and the purpose for 28
5858 which the information is requested shall be maintained on file with the 29
5959 division. Information derived from a nonqualifying sample entered into 30
6060 the database shall, prior to the expungement of the sample from the 31
6161 databank or the purging of such information and the destruction of the 32
6262 sample in accordance with section 54-102l, be disclosed to the conviction 33
6363 integrity unit of the office of the Chief State's Attorney for the purpose 34
6464 of discharging the constitutional obligations of the Division of Criminal 35
6565 Justice relating to exculpatory evidence. In the event that such 36
6666 information is determined to be exculpatory to any person charged with 37
6767 or convicted of a crime, the information shall be disclosed to such person 38
6868 or such person's attorney. Information so disclosed shall not otherwise 39
6969 be used for investigative or prosecutorial purposes. For purposes of this 40
7070 subsection, "nonqualifying sample" includes any sample that is entered 41
7171 into the data bank in good faith, but without authority, or one in which 42
7272 the sample and the information derived from such sample should have 43
7373 previously been purged or expunged from the data base. 44
7474 Sec. 2. Subsection (d) of section 19a-112a of the general statutes is 45
7575 repealed and the following is substituted in lieu thereof (Effective October 46
7676 1, 2025): 47
7777 (d) Each health care facility in the state that provides for the collection 48
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8484 of sexual assault evidence shall follow the protocol adopted under 49
8585 subsection (b) of this section, contact a sexual assault counselor, as 50
8686 defined in section 52-146k, when a person who identifies himself or 51
8787 herself as a victim of sexual assault arrives at such health care facility 52
8888 and, with the consent of the victim, shall collect sexual assault evidence. 53
8989 After [the collection] collecting the evidence, the health care facility shall 54
9090 obtain the consent of the victim to establish a designation label for the 55
9191 sexual assault evidence collection kit, for which the victim may choose 56
9292 the designation (1) "anonymous" by not including the victim's name on 57
9393 the sexual assault evidence collection kit and not reporting to a law 58
9494 enforcement agency at the time of evidence collection; (2) "identified" by 59
9595 including the victim's name on the sexual assault evidence collection kit, 60
9696 but not reporting to a law enforcement agency at the time of evidence 61
9797 collection; or (3) "reported" by including the victim's name on the sexual 62
9898 assault evidence collection kit and reporting to a law enforcement 63
9999 agency at the time of evidence collection. After the collection and 64
100100 designation of any evidence, the health care facility shall contact a law 65
101101 enforcement agency to receive the evidence. Not later than ten days after 66
102102 the collection of the evidence, the law enforcement agency shall transfer 67
103103 the evidence, in a manner that maintains the integrity of the evidence, 68
104104 to the Division of Scientific Services within the Department of 69
105105 Emergency Services and Public Protection. [or the Federal Bureau of 70
106106 Investigation laboratory.] If the evidence is transferred to the division 71
107107 and the sexual assault evidence collection kit is designated "identified" 72
108108 or "reported", the division shall analyze the evidence not later than sixty 73
109109 days after the collection of the evidence or, if the [victim chose to remain 74
110110 anonymous and not report the sexual assault to the law enforcement 75
111111 agency at the time of collection] sexual assault evidence collection kit is 76
112112 designated "anonymous", shall hold the evidence for at least five years 77
113113 after the collection of the evidence. If a victim reports the sexual assault 78
114114 to the law enforcement agency after the collection of the evidence, such 79
115115 law enforcement agency shall notify the division that a report has been 80
116116 filed not later than five days after filing such report and the division 81
117117 shall analyze the evidence not later than sixty days after receiving such 82
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124124 notification. [The division] Following the analysis of any evidence 83
125125 received, the division may, at the division's discretion, return the 84
126126 evidence submitted, or any portion of such evidence, to the submitting 85
127127 law enforcement agency in a manner that maintains the integrity of the 86
128128 evidence. The division or law enforcement agency, as applicable, shall 87
129129 hold any evidence received and analyzed pursuant to this subsection 88
130130 until the conclusion of any criminal proceedings. The failure of a law 89
131131 enforcement agency to transfer the evidence not later than ten days after 90
132132 the collection of the evidence, or the division to analyze the evidence not 91
133133 later than sixty days after the collection of the evidence or after receiving 92
134134 a notification from a law enforcement agency, shall not affect the 93
135135 admissibility of the evidence in any suit, action or proceeding if the 94
136136 evidence is otherwise admissible. The failure of any person to comply 95
137137 with this section or the protocol shall not affect the admissibility of the 96
138138 evidence in any suit, action or proceeding if the evidence is otherwise 97
139139 admissible. 98
140140 Sec. 3. Section 51-247 of the general statutes is repealed and the 99
141141 following is substituted in lieu thereof (Effective October 1, 2025): 100
142142 (a) Each full-time employed juror shall be paid regular wages by the 101
143143 juror's employer for the first five days, or part thereof, of jury service. 102
144144 Such payment shall be subject to the requirements of section 31-71b and 103
145145 any employer who violates this section shall be subject to the provisions 104
146146 of sections 31-71g and 31-72. A person shall not be considered a full-time 105
147147 employed juror on any day of jury service in which such person (1) 106
148148 would not have accrued regular wages to be paid by the employer if 107
149149 such person were not serving as a juror on that day, or (2) would not 108
150150 have worked more than one-half of a shift which extends into another 109
151151 day if such person were not serving as a juror on that day. Each part-110
152152 time employed or unemployed juror who has no source of 111
153153 compensation for the first five days of jury service shall receive a flat fee 112
154154 equal to the minimum fair wage, as defined in section 31-58, in effect on 113
155155 the days of jury service, based on an eight-hour day. Each juror not 114
156156 considered a full-time employed juror on a particular day of jury service 115
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163163 pursuant to subdivision (1) or (2) of this subsection shall be reimbursed 116
164164 by the state for necessary out-of-pocket expenses incurred during that 117
165165 day of jury service. [, provided such day of service is within the first five 118
166166 days, or part thereof, of jury service.] Each part-time employed juror and 119
167167 unemployed juror shall be reimbursed by the state for necessary out-of-120
168168 pocket expenses incurred during the first five days, or part thereof, of 121
169169 jury service. Necessary out-of-pocket expenses shall include, but not be 122
170170 limited to, [twenty cents] family care at a rate established by the Jury 123
171171 Administrator under subsection (b) of this section and travel expenses, 124
172172 based on the privately owned vehicle mileage reimbursement rate 125
173173 established by the federal General Services Administration, for each 126
174174 mile of travel from the juror's place of residence to the place of holding 127
175175 the court and return, and shall exclude food. The mileage shall be 128
176176 determined by the shortest direct route either by highway or by any 129
177177 regular line of conveyance between the points. A reimbursement award 130
178178 under this subsection for each day of service shall not be less than 131
179179 twenty dollars or more than [fifty dollars] the minimum fair wage, as 132
180180 defined in section 31-58, in effect on the days of jury service, based on 133
181181 an eight-hour day. For the purposes of this subsection, "full-time 134
182182 employed juror" means an employee holding a position normally 135
183183 requiring thirty hours or more of service in each week, which position 136
184184 is neither temporary nor casual, and includes an employee holding a 137
185185 position through a temporary help service, as defined in section 31-129, 138
186186 which position normally requires thirty hours or more of service in each 139
187187 week, who has been working in that position for a period exceeding 140
188188 ninety days, and "part-time employed juror" means an employee 141
189189 holding a position normally requiring less than thirty hours of service 142
190190 in each week or an employee working on a temporary or casual basis. 143
191191 In the event that a juror may be considered to be both a full-time 144
192192 employed juror and a part-time employed juror for any day of the first 145
193193 five days, or part thereof, of jury service, such juror shall, for the 146
194194 purposes of this section, be considered to be a full-time employed juror 147
195195 only. 148
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202202 (b) The Jury Administrator shall establish guidelines for 149
203203 reimbursement of expenses pursuant to this section. 150
204204 (c) Each juror who serves more than five days who is not paid by such 151
205205 juror's employer after the fifth day shall be paid by the state for the sixth 152
206206 day and each day thereafter [at a rate of fifty dollars] a flat fee equal to 153
207207 the current minimum wage, as defined in section 31-58, in effect on the 154
208208 days of jury service, based on an eight-hour day per day of service. A 155
209209 juror receiving payment under this subsection shall not be entitled to 156
210210 any additional reimbursement. An unemployed or part-time employed 157
211211 juror who serves more than five days also shall be entitled to family care 158
212212 and travel expenses paid at the rate specified in subsection (a) of this 159
213213 section and subject to the guidelines established in subsection (b) of this 160
214214 section. 161
215215 Sec. 4. Section 53a-173 of the general statutes is repealed and the 162
216216 following is substituted in lieu thereof (Effective October 1, 2025): 163
217217 (a) A person is guilty of failure to appear in the second degree when 164
218218 (1) while charged with the commission of a misdemeanor or a motor 165
219219 vehicle violation for which a sentence to a term of imprisonment may 166
220220 be imposed and while out on bail or released under other procedure of 167
221221 law, such person wilfully fails to appear when legally called according 168
222222 to the terms of such person's bail bond or promise to appear, or (2) while 169
223223 on probation for conviction of a misdemeanor or motor vehicle 170
224224 violation, such person wilfully fails to appear when legally called for 171
225225 any court hearing relating to a violation of such probation. 172
226226 (b) Failure to appear in the second degree is (1) a class [A] D 173
227227 misdemeanor for a first offense, and (2) a class A misdemeanor for any 174
228228 subsequent offense. 175
229229 Sec. 5. Subsection (f) of section 17a-593 of the general statutes is 176
230230 repealed and the following is substituted in lieu thereof (Effective October 177
231231 1, 2025): 178
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238238 (f) After receipt of the board's report and any separate examination 179
239239 reports, the court shall promptly commence a hearing on the 180
240240 recommendation or application for discharge or petition for continued 181
241241 commitment. At [the] a hearing for a recommendation or application for 182
242242 discharge, the acquittee shall have the burden of proving by a 183
243243 preponderance of the evidence that the acquittee is a person who should 184
244244 be discharged. At a hearing on the state's attorney's petition for 185
245245 continued commitment, the state shall have the burden of proving by 186
246246 clear and convincing evidence that the acquittee remains a person with 187
247247 psychiatric disabilities or a person with intellectual disability to the 188
248248 extent that the acquittee's discharge would constitute a danger to the 189
249249 acquittee or others due to the acquittee's psychiatric disabilities or 190
250250 intellectual disability. 191
251251 Sec. 6. Subsection (a) of section 18-98d of the general statutes is 192
252252 repealed and the following is substituted in lieu thereof (Effective October 193
253253 1, 2025): 194
254254 (a) (1) (A) Any person who is confined to a community correctional 195
255255 center or a correctional institution for an offense committed on or after 196
256256 July 1, 1981, and prior to October 1, 2021, under a mittimus or because 197
257257 such person is unable to obtain bail or is denied bail shall, if 198
258258 subsequently imprisoned, earn a reduction of such person's sentence 199
259259 equal to the number of days which such person spent in such facility 200
260260 from the time such person was placed in presentence confinement to the 201
261261 time such person began serving the term of imprisonment imposed; 202
262262 provided (i) each day of presentence confinement shall be counted only 203
263263 once for the purpose of reducing all sentences imposed after such 204
264264 presentence confinement; and (ii) the provisions of this section shall 205
265265 only apply to a person for whom the existence of a mittimus, an inability 206
266266 to obtain bail or the denial of bail is the sole reason for such person's 207
267267 presentence confinement, except that if a person is serving a term of 208
268268 imprisonment at the same time such person is in presentence 209
269269 confinement on another charge and the conviction for such 210
270270 imprisonment is reversed on appeal, such person shall be entitled, in 211
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277277 any sentence subsequently imposed, to a reduction based on such 212
278278 presentence confinement in accordance with the provisions of this 213
279279 section. In the case of a fine, each day spent in such confinement prior 214
280280 to sentencing shall be credited against the sentence at a per diem rate 215
281281 equal to the average daily cost of incarceration as determined by the 216
282282 Commissioner of Correction. 217
283283 (B) Any person who is confined to a community correctional center 218
284284 or a correctional institution [for an offense committed] as a result of any 219
285285 charges in an information or indictment, including for an alleged 220
286286 violation of section 53a-32, filed on or after October 1, 2021, under a 221
287287 mittimus or because such person is unable to obtain bail or is denied bail 222
288288 shall, if subsequently imprisoned, earn a reduction of such person's 223
289289 sentence on each offense charged in such information or indictment 224
290290 equal to the number of days which such person spent in such facility 225
291291 from the time such person was placed in presentence confinement to the 226
292292 time such person began serving the term of imprisonment imposed; 227
293293 provided (i) each day of presentence confinement shall be counted 228
294294 equally in reduction of any concurrent sentence imposed for any offense 229
295295 pending at the time such sentence was imposed; (ii) each day of 230
296296 presentence confinement shall be counted only once in reduction of any 231
297297 consecutive sentence so imposed; and (iii) the provisions of this section 232
298298 shall only apply to a person for whom the existence of a mittimus, an 233
299299 inability to obtain bail or the denial of bail is the sole reason for such 234
300300 person's presentence confinement, except that if a person is serving a 235
301301 term of imprisonment at the same time such person is in presentence 236
302302 confinement on another charge and the conviction for which such 237
303303 imprisonment was imposed is reversed on appeal, such person shall be 238
304304 entitled, in any sentence subsequently imposed, to a reduction based on 239
305305 such presentence confinement in accordance with the provisions of this 240
306306 section. In the case of a fine, each day spent in such confinement prior 241
307307 to sentencing shall be credited against the sentence at a per diem rate 242
308308 equal to the average daily cost of incarceration as determined by the 243
309309 Commissioner of Correction. 244
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316316 (C) Any person who is confined in a correctional institution, police 245
317317 station, county jail, courthouse lockup or any other form of 246
318318 imprisonment while in another state for a period of time solely due to a 247
319319 demand by this state on or after October 1, 2024, for the extradition of 248
320320 such person to face criminal charges in this state, shall, if subsequently 249
321321 imprisoned in the matter extradited for, earn a reduction of such 250
322322 person's sentence to a term of imprisonment, equal to the number of 251
323323 days such person was imprisoned in another state for solely due to the 252
324324 pendency of the proceedings for such extradition. 253
325325 (2) (A) Any person convicted of any offense and sentenced on or after 254
326326 October 1, 2001, to a term of imprisonment who was confined to a police 255
327327 station or courthouse lockup in connection with such offense because 256
328328 such person was unable to obtain bail or was denied bail shall, if 257
329329 subsequently imprisoned, earn a reduction of such person's sentence in 258
330330 accordance with subdivision (1) of this subsection equal to the number 259
331331 of days which such person spent in such lockup, provided such person 260
332332 at the time of sentencing requests credit for such presentence 261
333333 confinement. Upon such request, the court shall indicate on the 262
334334 judgment mittimus the number of days such person spent in such 263
335335 presentence confinement. 264
336336 (B) Any person convicted of any offense and sentenced prior to 265
337337 October 1, 2001, to a term of imprisonment, who was confined in a 266
338338 correctional facility for such offense on October 1, 2001, shall be 267
339339 presumed to have been confined to a police station or courthouse lockup 268
340340 in connection with such offense because such person was unable to 269
341341 obtain bail or was denied bail and shall, unless otherwise ordered by a 270
342342 court, earn a reduction of such person's sentence in accordance with the 271
343343 provisions of subdivision (1) of this subsection of one day. 272
344344 (C) The provisions of this subdivision shall not be applied so as to 273
345345 negate the requirement that a person convicted of a first violation of 274
346346 subsection (a) of section 14-227a and sentenced pursuant to 275
347347 subparagraph (B)(i) of subdivision (1) of subsection (g) of said section 276
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354354 serve a term of imprisonment of at least forty-eight consecutive hours. 277
355355 Sec. 7. Subdivision (1) of subsection (a) of section 51-277a of the 278
356356 general statutes is repealed and the following is substituted in lieu 279
357357 thereof (Effective October 1, 2025): 280
358358 (a) (1) Whenever a peace officer, in the performance of such officer's 281
359359 duties, uses physical force upon another person and such person dies as 282
360360 a result thereof or uses deadly force, as defined in section 53a-3, as 283
361361 amended by this act, upon another person, the Division of Criminal 284
362362 Justice shall cause an investigation to be made and the Inspector General 285
363363 shall have the responsibility of determining whether the use of physical 286
364364 force by the peace officer was justifiable under section 53a-22, as 287
365365 amended by this act. The use of an electronic defense weapon, as 288
366366 defined in section 53a-3, as amended by this act, by a peace officer shall 289
367367 not be considered deadly force for purposes of this section. 290
368368 Sec. 8. Subdivision (6) of section 53a-3 of the general statutes is 291
369369 repealed and the following is substituted in lieu thereof (Effective October 292
370370 1, 2025): 293
371371 (6) "Deadly weapon" means any weapon, whether loaded or 294
372372 unloaded, from which a shot may be discharged, or a switchblade knife, 295
373373 gravity knife, billy, blackjack, bludgeon, or metal knuckles. The 296
374374 definition of "deadly weapon" in this subdivision shall be deemed not 297
375375 to apply to section 29-38 or 53-206 and does not include an electronic 298
376376 defense weapon when used by a peace officer; 299
377377 Sec. 9. Subsection (d) of section 53a-22 of the general statutes is 300
378378 repealed and the following is substituted in lieu thereof (Effective October 301
379379 1, 2025): 302
380380 (d) A peace officer or an authorized official of the Department of 303
381381 Correction or the Board of Pardons and Paroles is justified in using a 304
382382 chokehold or other method of restraint applied to the neck area or that 305
383383 otherwise impedes the ability to breathe or restricts blood circulation to 306
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390390 the brain of another person for the purposes specified in subsection (b) 307
391391 of this section only when he or she reasonably believes such use to be 308
392392 necessary to defend himself or herself or a third person from the use or 309
393393 imminent use of deadly physical force. 310
394394 Sec. 10. Section 54-56l of the general statutes is repealed and the 311
395395 following is substituted in lieu thereof (Effective October 1, 2025): 312
396396 (a) There shall be a supervised diversionary program for persons 313
397397 with psychiatric disabilities, persons with intellectual disabilities, 314
398398 persons with autism spectrum disorders or persons who are veterans, 315
399399 who are accused of a crime or crimes or a motor vehicle violation or 316
400400 violations for which a sentence to a term of imprisonment may be 317
401401 imposed, which crimes or violations are not of a serious nature. For the 318
402402 purposes of this section, (1) "psychiatric disability" means a mental or 319
403403 emotional condition, other than solely substance abuse, that (A) has 320
404404 substantial adverse effects on the defendant's ability to function, and (B) 321
405405 requires care and treatment, (2) "autism spectrum disorder" has the 322
406406 same meaning as provided in section 17a-214f, and [(2)] (3) "veteran" 323
407407 means a veteran, as defined in section 27-103, who is found, pursuant to 324
408408 subsection (d) of this section, to have a mental health condition that is 325
409409 amenable to treatment. 326
410410 (b) A person shall be ineligible to participate in such supervised 327
411411 diversionary program if such person (1) is ineligible to participate in the 328
412412 pretrial program for accelerated rehabilitation under subsection (c) of 329
413413 section 54-56e, except if a person's ineligibility is based on the person's 330
414414 being eligible for the pretrial family violence education program 331
415415 established under section 46b-38c, the court may permit such person to 332
416416 participate in the supervised diversionary program if it finds that the 333
417417 supervised diversionary program is the more appropriate program 334
418418 under the circumstances of the case, or (2) has twice previously 335
419419 participated in such supervised diversionary program. 336
420420 (c) Upon application by any such person for participation in such 337
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427427 program, the court shall, but only as to the public, order the court file 338
428428 sealed, provided such person states under oath, in open court or before 339
429429 any person designated by the clerk and duly authorized to administer 340
430430 oaths, under penalties of perjury, that such person has not had such 341
431431 program invoked in such person's behalf more than once. Court 342
432432 personnel shall provide notice, on a form prescribed by the Office of the 343
433433 Chief Court Administrator, to any victim of such crime or motor vehicle 344
434434 violation, by registered or certified mail, that such person has applied to 345
435435 participate in the program and that such victim has an opportunity to 346
436436 be heard by the court on the matter. 347
437437 (d) (1) The court shall refer such person to the Court Support Services 348
438438 Division for confirmation of eligibility and assessment of the person's 349
439439 mental health condition, intellectual disability or autism spectrum 350
440440 disorder. The prosecuting attorney shall provide the division with a 351
441441 copy of the police report in the case to assist the division in its 352
442442 assessment. The division shall determine if the person is amenable to 353
443443 treatment and services and if appropriate community supervision, 354
444444 treatment and services are available. If the division determines that the 355
445445 person is amenable to treatment and services and that appropriate 356
446446 community supervision, treatment and services are available, the 357
447447 division shall develop a treatment or service plan tailored to the person 358
448448 and shall present the treatment or service plan to the court. 359
449449 (2) If an assessment pursuant to this subsection is for a psychiatric 360
450450 disability, the Department of Mental Health and Addiction Services 361
451451 shall assist the division in conducting such assessment and 362
452452 identification of appropriate treatment and services if the person 363
453453 appears to have a psychiatric disability that is severe and persistent and 364
454454 limits a person's ability to live independently or such person has a 365
455455 history of receiving services from the department. 366
456456 (3) If an assessment pursuant to this subsection is for an intellectual 367
457457 disability, the Department of Developmental Services shall assist the 368
458458 division in conducting such assessment and identification of 369
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465465 appropriate treatment and services. 370
466466 (4) If an assessment pursuant to this subsection is for an autism 371
467467 spectrum disorder, the Department of Social Services shall assist the 372
468468 division in conducting such assessment and identification of 373
469469 appropriate treatment and services. 374
470470 (e) Upon confirmation of eligibility and consideration of the 375
471471 treatment or service plan presented by the Court Support Services 376
472472 Division, the court may grant the application for participation in the 377
473473 program. If the court grants the application, such person shall be 378
474474 referred to the division. The division may collaborate with the 379
475475 [Department] Departments of Mental Health and Addiction Services, 380
476476 [the Department of] Developmental Services, Social Services or Veterans 381
477477 Affairs or the United States Department of Veterans Affairs, as 382
478478 applicable, to place such person in a program that provides appropriate 383
479479 community supervision, treatment and services. The person shall be 384
480480 subject to the supervision of a probation officer who has a reduced 385
481481 caseload and specialized training in working with persons with 386
482482 psychiatric disabilities, intellectual disabilities or autism spectrum 387
483483 disorders, as applicable. 388
484484 (f) The Court Support Services Division shall establish policies and 389
485485 procedures to require division employees to notify any victim of the 390
486486 person admitted to the program of any conditions ordered by the court 391
487487 that directly affect the victim and of such person's scheduled court 392
488488 appearances with respect to the case. 393
489489 (g) Any person who enters the program shall agree: (1) To the tolling 394
490490 of the statute of limitations with respect to such crime or violation; (2) 395
491491 to a waiver of such person's right to a speedy trial; and (3) to any 396
492492 conditions that may be established by the division concerning 397
493493 participation in the supervised diversionary program including 398
494494 conditions concerning participation in meetings or sessions of the 399
495495 program. 400
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502502 (h) If the Court Support Services Division informs the court that such 401
503503 person is ineligible for the program and the court makes a determination 402
504504 of ineligibility or if the division certifies to the court that such person 403
505505 did not successfully complete the assigned program, the court shall 404
506506 order the court file to be unsealed, enter a plea of not guilty for such 405
507507 person and immediately place the case on the trial list. 406
508508 (i) If such person satisfactorily completes the assigned program, such 407
509509 person may apply for dismissal of the charges against such person and 408
510510 the court, on reviewing the record of such person's participation in such 409
511511 program submitted by the Court Support Services Division and on 410
512512 finding such satisfactory completion, shall dismiss the charges. If such 411
513513 person does not apply for dismissal of the charges against such person 412
514514 after satisfactorily completing the assigned program, the court, upon 413
515515 receipt of the record of such person's participation in such program 414
516516 submitted by the Court Support Services Division, may on its own 415
517517 motion make a finding of such satisfactory completion and dismiss the 416
518518 charges. Except as provided in subsection (j) of this section, upon 417
519519 dismissal, all records of such charges shall be erased pursuant to section 418
520520 54-142a. An order of the court denying a motion to dismiss the charges 419
521521 against a person who has completed such person's period of probation 420
522522 or supervision or terminating the participation of a person in such 421
523523 program shall be a final judgment for purposes of appeal. 422
524524 (j) The Court Support Services Division shall develop and maintain a 423
525525 database of information concerning persons admitted to the supervised 424
526526 diversionary program that shall be available to the state police and 425
527527 organized local police departments for use by sworn police officers 426
528528 when responding to incidents involving such persons. Such information 427
529529 shall include the person's name, date of birth, Social Security number, 428
530530 the violation or violations with which the person was charged, the dates 429
531531 of program participation and whether a deadly weapon or dangerous 430
532532 instrument was involved in the violation or violations for which the 431
533533 program was granted. The division shall enter such information in the 432
534534 database upon such person's entry into the program, update such 433
535535 Raised Bill No. 7259
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537537
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539539 LCO No. 6794 15 of 19
540540
541541 information as necessary and retain such information for a period of five 434
542542 years after the date of such person's entry into the program. 435
543543 (k) The Court Support Services Division [, in consultation] may 436
544544 consult with the [Department] Departments of Mental Health and 437
545545 Addiction Services, [shall] Developmental Services, Social Services, 438
546546 Veterans Affairs or the United States Department of Veterans Affairs to 439
547547 develop standards and oversee appropriate treatment or service 440
548548 programs to meet the requirements of this section and may contract 441
549549 with service providers to provide such programs. 442
550550 (l) The Court Support Services Division shall retain the police report 443
551551 provided to it by the prosecuting attorney and the record of supervision 444
552552 including the dates of supervision and shall provide such information 445
553553 to the court, prosecuting attorney and defense counsel whenever a court 446
554554 is considering whether to grant an application by such person for 447
555555 participation in the supervised diversionary program for a second time. 448
556556 Sec. 11. Section 30-113 of the general statutes is repealed and the 449
557557 following is substituted in lieu thereof (Effective October 1, 2025): 450
558558 Any person convicted of a violation of any provision of this chapter 451
559559 for which a specified penalty is not imposed [,] shall, for each [offense, 452
560560 be subject to any penalty set forth in section 30-55] violation, be guilty 453
561561 of a class A misdemeanor. 454
562562 Sec. 12. (NEW) (Effective October 1, 2025) (a) No person shall 455
563563 knowingly allow a person who is under twenty-one years of age to (1) 456
564564 open, maintain or use an account with an online gaming operator, or (2) 457
565565 make or attempt to make a wager on Internet games or with a sports 458
566566 wagering retailer. 459
567567 (b) For purposes of this section, "online gaming operator", "Internet 460
568568 games" and "sports wagering retailer" have the same meanings as 461
569569 provided in section 12-580 of the general statutes. 462
570570 Raised Bill No. 7259
571571
572572
573573
574574 LCO No. 6794 16 of 19
575575
576576 (c) Any person who violates any provision of subsection (a) of this 463
577577 section shall be guilty of a class C misdemeanor. 464
578578 Sec. 13. Subsection (d) of section 54-56e of the general statutes is 465
579579 repealed and the following is substituted in lieu thereof (Effective October 466
580580 1, 2025): 467
581581 (d) Except as provided in subsection (g) of this section, any defendant 468
582582 who enters such program shall pay to the court a participation fee of one 469
583583 hundred dollars. Any defendant who enters such program shall agree 470
584584 to the tolling of any statute of limitations with respect to such crime and 471
585585 to a waiver of the right to a speedy trial. Any such defendant shall 472
586586 appear in court and shall, under such conditions as the court shall order, 473
587587 be released to the supervision of the Court Support Services Division, 474
588588 except that, if a criminal docket for drug-dependent persons has been 475
589589 established pursuant to section 51-181b in the judicial district, such 476
590590 defendant may be transferred, under such conditions as the court shall 477
591591 order, to the court handling such docket for supervision by such court. 478
592592 If the defendant refuses to accept, or, having accepted, violates such 479
593593 conditions, the defendant's case shall be brought to trial. The period of 480
594594 such probation or supervision, or both, shall not exceed two years. If the 481
595595 defendant has reached the age of sixteen years but has not reached the 482
596596 age of eighteen years, the court may order that as a condition of such 483
597597 probation the defendant be referred for services to a youth service 484
598598 bureau established pursuant to section 10-19m, provided the court 485
599599 finds, through an assessment by a youth service bureau or its designee, 486
600600 that the defendant is in need of and likely to benefit from such services. 487
601601 When determining any conditions of probation to order for a person 488
602602 entering such program who was charged with a misdemeanor that did 489
603603 not involve the use, attempted use or threatened use of physical force 490
604604 against another person or a motor vehicle violation, the court shall 491
605605 consider ordering the person to perform community service in the 492
606606 community in which the offense or violation occurred. If the court 493
607607 determines that community service is appropriate, such community 494
608608 service may be implemented by a community court established in 495
609609 Raised Bill No. 7259
610610
611611
612612
613613 LCO No. 6794 17 of 19
614614
615615 accordance with section 51-181c if the offense or violation occurred 496
616616 within the jurisdiction of a community court established by said section. 497
617617 If the defendant is charged with a violation of section 46a-58, 53-37a, 498
618618 53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of 499
619619 such probation the defendant participate in a hate crimes diversion 500
620620 program as provided in subsection (e) of this section. If a defendant is 501
621621 charged with a violation of section 53-247, the court may order that as a 502
622622 condition of such probation the defendant undergo psychiatric or 503
623623 psychological counseling or participate in an animal cruelty prevention 504
624624 and education program provided such a program exists and is available 505
625625 to the defendant. If a defendant is charged with a violation of section 506
626626 53a-125, 53a-125a, 53a-125b, 53a-125f, 53a-125g, 53a-125h, 53a-126b, 53a-507
627627 127, 53a-127a or 53a-127b, subdivision (3) of subsection (a) of section 508
628628 53a-127d, section 53a-127f or 53a-127g, subdivision (2) or (4) of 509
629629 subsection (c) of section 53a-128, section 53a-128b, subsection (a), (b), (c), 510
630630 (d) or (g) of section 53a-128c, section 53a-129, 53a-140, 53a-142, 53a-157b, 511
631631 53a-255, 53a-256, 53a-279, 53a-294, 53a-295 or 53a-296 or a misdemeanor 512
632632 violation of section 53a-128d, 53a-128e or 53a-128g, the court may 513
633633 consider whether a gambling addiction impacted the actions of such 514
634634 defendant and may order that as a condition of such probation the 515
635635 defendant undergo psychiatric or psychological counseling or 516
636636 participate in a gambling addiction treatment program. 517
637637 Sec. 14. Section 14-223 of the general statutes is repealed and the 518
638638 following is substituted in lieu thereof (Effective October 1, 2025): 519
639639 (a) Whenever the operator of any motor vehicle fails promptly to 520
640640 bring his motor vehicle to a full stop upon the signal of any officer in 521
641641 uniform or prominently displaying the badge of his office, or disobeys 522
642642 the direction of such officer with relation to the operation of his motor 523
643643 vehicle, he shall be deemed to have committed an infraction and be 524
644644 fined fifty dollars. 525
645645 (b) No person operating a motor vehicle, when signaled to stop by an 526
646646 officer in a police vehicle using an audible signal device or flashing or 527
647647 Raised Bill No. 7259
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652652
653653 revolving lights, shall increase the speed of the motor vehicle in an 528
654654 attempt to escape or elude such police officer. Any person who violates 529
655655 this subsection shall be guilty of a class A misdemeanor for a first 530
656656 offense, except that, if such violation causes the death or serious physical 531
657657 injury, as defined in section 53a-3, as amended by this act, of another 532
658658 person, such person shall be guilty of a class [C] D felony, and shall have 533
659659 such person's motor vehicle operator's license suspended for one year 534
660660 for the first offense, except that the Commissioner of Motor Vehicles 535
661661 may, after a hearing, as provided for in subsection (i) of section 14-111, 536
662662 and upon a showing of compelling mitigating circumstances, reinstate 537
663663 such person's license before the expiration of such one-year period. For 538
664664 any subsequent offense such person shall be guilty of a class [C] E 539
665665 felony, except that if any prior offense by such person under this 540
666666 subsection caused, and such subsequent offense causes, the death or 541
667667 serious physical injury [, as defined in section 53a-3,] of another person, 542
668668 such person shall be guilty of a class [C] D felony for which one year of 543
669669 the sentence imposed may not be suspended or reduced by the court, 544
670670 and shall have such person's motor vehicle operator's license suspended 545
671671 for not less than eighteen months nor more than two years, except that 546
672672 said commissioner may, after a hearing, as provided for in subsection (i) 547
673673 of section 14-111, and upon a showing of compelling mitigating 548
674674 circumstances, reinstate such person's license before such period. 549
675675 This act shall take effect as follows and shall amend the following
676676 sections:
677677
678678 Section 1 October 1, 2025 54-102j(a)
679679 Sec. 2 October 1, 2025 19a-112a(d)
680680 Sec. 3 October 1, 2025 51-247
681681 Sec. 4 October 1, 2025 53a-173
682682 Sec. 5 October 1, 2025 17a-593(f)
683683 Sec. 6 October 1, 2025 18-98d(a)
684684 Sec. 7 October 1, 2025 51-277a(a)(1)
685685 Sec. 8 October 1, 2025 53a-3(6)
686686 Sec. 9 October 1, 2025 53a-22(d)
687687 Sec. 10 October 1, 2025 54-56l
688688 Raised Bill No. 7259
689689
690690
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692692 LCO No. 6794 19 of 19
693693
694694 Sec. 11 October 1, 2025 30-113
695695 Sec. 12 October 1, 2025 New section
696696 Sec. 13 October 1, 2025 54-56e(d)
697697 Sec. 14 October 1, 2025 14-223
698698
699699 Statement of Purpose:
700700 To revise provisions concerning (1) the DNA data bank, (2) sexual
701701 assault evidence collection kits, (3) juror compensation, (4) failure to
702702 appear, (5) acquittee applications for discharge, (6) credit for
703703 presentence confinement, (7) use of an electronic defense weapon by a
704704 peace officer, (8) pretrial diversionary programs for persons with an
705705 intellectual disability or autism spectrum disorder, (9) penalties for a
706706 violation of chapter 545 of the general statutes, (10) underage Internet
707707 gambling, (11) accelerated pretrial rehabilitation for gambling addiction
708708 related violations, and (12) failure to stop for or eluding a police officer.
709709
710710 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
711711 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
712712 underlined.]
713713