Connecticut 2025 Regular Session

Connecticut Senate Bill SB01441 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 5769 1 of 3
4	4
5	5	General Assembly Raised Bill No. 1441
6	6	January Session, 2025
7	7	LCO No. 5769
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING DISCRETIONARY TRANSFER FROM
20	20	JUVENILE TO ADULT COURT.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subsection (a) of section 46b-127 of the general statutes is 1
25	25	repealed and the following is substituted in lieu thereof (Effective October 2
26	26	1, 2025): 3
27	27	(a) (1) The court shall automatically transfer from the docket for 4
28	28	juvenile matters to the regular criminal docket of the Superior Court the 5
29	29	case of any child charged with the commission of a capital felony under 6
30	30	the provisions of section 53a-54b in effect prior to April 25, 2012, a class 7
31	31	A felony, or a class B felony, except as provided in subdivision (3) of this 8
32	32	subsection, or a violation of section 53a-54d, provided such offense was 9
33	33	committed after such child attained the age of fifteen years and counsel 10
34	34	has been appointed for such child if such child is indigent. Such counsel 11
35	35	may appear with the child but shall not be permitted to make any 12
36	36	argument or file any motion in opposition to the transfer. The child shall 13
37	37	be arraigned in the regular criminal docket of the Superior Court at the 14
38	38	next court date following such transfer, provided any proceedings held 15
39	39	Raised Bill No. 1441
40	40
41	41
42	42
43	43	LCO No. 5769 2 of 3
44	44
45	45	prior to the finalization of such transfer shall be private and shall be 16
46	46	conducted in such parts of the courthouse or the building in which the 17
47	47	court is located that are separate and apart from the other parts of the 18
48	48	court which are then being used for proceedings pertaining to adults 19
49	49	charged with crimes. 20
50	50	(2) A state's attorney may, at any time after such arraignment, file a 21
51	51	motion to transfer the case of any child charged with the commission of 22
52	52	a class B felony or a violation of subdivision (2) of subsection (a) of 23
53	53	section 53a-70 to the docket for juvenile matters for proceedings in 24
54	54	accordance with the provisions of this chapter. 25
55	55	(3) No case of any child charged with the commission of a serious 26
56	56	firearm offense, as defined in section 53a-3, not subject to automatic 27
57	57	transfer under subdivision (1) of subsection (a) of this section, or a 28
58	58	violation of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of 29
59	59	subsection (a) of section 53a-101, section 53a-112, 53a-122 or 53a-129b, 30
60	60	subdivision (1), (3) or (4) of subsection (a) of section 53a-134, section 53a-31
61	61	196c, 53a-196d or 53a-252 or subsection (a) of section 53a-301 shall be 32
62	62	transferred from the docket for juvenile matters to the regular criminal 33
63	63	docket of the Superior Court, except as provided in this subdivision. 34
64	64	Upon motion of a prosecutorial official, the superior court for juvenile 35
65	65	matters shall conduct a hearing to determine whether the case of any 36
66	66	child charged with the commission of any such offense shall be 37
67	67	transferred from the docket for juvenile matters to the regular criminal 38
68	68	docket of the Superior Court. The court shall not order that the case be 39
69	69	transferred under this subdivision unless the court finds that (A) such 40
70	70	offense was committed after such child attained the age of fifteen years, 41
71	71	(B) there is probable cause to believe the child has committed the act for 42
72	72	which the child is charged, and (C) the best interests of the child and the 43
73	73	public will not be served by maintaining the case in the superior court 44
74	74	for juvenile matters. In making such findings, the court shall consider (i) 45
75	75	any prior criminal or juvenile offenses committed by the child, (ii) the 46
76	76	seriousness of such offenses, (iii) any evidence that the child has 47
77	77	intellectual disability or mental illness, and (iv) the availability of 48
78	78	Raised Bill No. 1441
79	79
80	80
81	81
82	82	LCO No. 5769 3 of 3
83	83
84	84	services in the docket for juvenile matters that can serve the child's 49
85	85	needs. Any motion under this subdivision shall be made, and any 50
86	86	hearing under this subdivision shall be held, not later than thirty days 51
87	87	after the child is arraigned in the superior court for juvenile matters. 52
88	88	This act shall take effect as follows and shall amend the following
89	89	sections:
90	90
91	91	Section 1 October 1, 2025 46b-127(a)
92	92
93	93	Statement of Purpose:
94	94	To include serious firearm offenses in the list of offenses eligible for
95	95	discretionary transfer of a juvenile to the regular criminal docket.
96	96
97	97	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
98	98	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
99	99	underlined.]
100	100