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General Assembly Raised Bill No. 1441
January Session, 2025
LCO No. 5769
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING DISCRETIONARY TRANSFER FROM
JUVENILE TO ADULT COURT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 46b-127 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2025): 3
(a) (1) The court shall automatically transfer from the docket for 4
juvenile matters to the regular criminal docket of the Superior Court the 5
case of any child charged with the commission of a capital felony under 6
the provisions of section 53a-54b in effect prior to April 25, 2012, a class 7
A felony, or a class B felony, except as provided in subdivision (3) of this 8
subsection, or a violation of section 53a-54d, provided such offense was 9
committed after such child attained the age of fifteen years and counsel 10
has been appointed for such child if such child is indigent. Such counsel 11
may appear with the child but shall not be permitted to make any 12
argument or file any motion in opposition to the transfer. The child shall 13
be arraigned in the regular criminal docket of the Superior Court at the 14
next court date following such transfer, provided any proceedings held 15
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prior to the finalization of such transfer shall be private and shall be 16
conducted in such parts of the courthouse or the building in which the 17
court is located that are separate and apart from the other parts of the 18
court which are then being used for proceedings pertaining to adults 19
charged with crimes. 20
(2) A state's attorney may, at any time after such arraignment, file a 21
motion to transfer the case of any child charged with the commission of 22
a class B felony or a violation of subdivision (2) of subsection (a) of 23
section 53a-70 to the docket for juvenile matters for proceedings in 24
accordance with the provisions of this chapter. 25
(3) No case of any child charged with the commission of a serious 26
firearm offense, as defined in section 53a-3, not subject to automatic 27
transfer under subdivision (1) of subsection (a) of this section, or a 28
violation of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of 29
subsection (a) of section 53a-101, section 53a-112, 53a-122 or 53a-129b, 30
subdivision (1), (3) or (4) of subsection (a) of section 53a-134, section 53a-31
196c, 53a-196d or 53a-252 or subsection (a) of section 53a-301 shall be 32
transferred from the docket for juvenile matters to the regular criminal 33
docket of the Superior Court, except as provided in this subdivision. 34
Upon motion of a prosecutorial official, the superior court for juvenile 35
matters shall conduct a hearing to determine whether the case of any 36
child charged with the commission of any such offense shall be 37
transferred from the docket for juvenile matters to the regular criminal 38
docket of the Superior Court. The court shall not order that the case be 39
transferred under this subdivision unless the court finds that (A) such 40
offense was committed after such child attained the age of fifteen years, 41
(B) there is probable cause to believe the child has committed the act for 42
which the child is charged, and (C) the best interests of the child and the 43
public will not be served by maintaining the case in the superior court 44
for juvenile matters. In making such findings, the court shall consider (i) 45
any prior criminal or juvenile offenses committed by the child, (ii) the 46
seriousness of such offenses, (iii) any evidence that the child has 47
intellectual disability or mental illness, and (iv) the availability of 48
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services in the docket for juvenile matters that can serve the child's 49
needs. Any motion under this subdivision shall be made, and any 50
hearing under this subdivision shall be held, not later than thirty days 51
after the child is arraigned in the superior court for juvenile matters. 52
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 46b-127(a)
Statement of Purpose:
To include serious firearm offenses in the list of offenses eligible for
discretionary transfer of a juvenile to the regular criminal docket.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]