74 | | - | or offered or exposed for sale. No sale or delivery of any firearm shall 50 |
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75 | | - | be made unless the purchaser or person to whom the same is to be 51 |
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76 | | - | delivered is personally known to the vendor of such firearm or the 52 |
---|
77 | | - | person making delivery thereof or unless the person making such 53 |
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78 | | - | purchase or to whom delivery thereof is to be made provides evidence 54 |
---|
79 | | - | of his or her identity. The vendor of any firearm shall keep a record of 55 |
---|
80 | | - | each firearm sold in a book kept for that purpose, which record shall be 56 |
---|
81 | | - | in such form as is prescribed by 27 CFR 478.125. The vendor of any 57 |
---|
82 | | - | firearm shall make such record available for inspection upon the request 58 |
---|
83 | | - | of any sworn member of an organized local police department or the 59 |
---|
84 | | - | Division of State Police within the Department of Emergency Services 60 |
---|
85 | | - | and Public Protection or any investigator assigned to the state-wide 61 |
---|
86 | | - | firearms [trafficking] crimes and tracing task force established under 62 |
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87 | | - | section 29-38e, as amended by this act, or any investigator employed by 63 |
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88 | | - | a federal law enforcement agency for official purposes related to such 64 |
---|
89 | | - | member's or investigator's employment. 65 |
---|
90 | | - | Sec. 3. Subsection (a) of section 29-38f of the general statutes is 66 |
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91 | | - | repealed and the following is substituted in lieu thereof (Effective from 67 |
---|
92 | | - | passage): 68 |
---|
93 | | - | (a) There shall be a State-Wide Firearms [Trafficking] Crimes and 69 |
---|
94 | | - | Tracing Task Force Policy Board within the Division of State Police, 70 |
---|
95 | | - | within the Department of Emergency Services and Public Protection, for 71 |
---|
96 | | - | administrative purposes only, consisting of the Commissioner of 72 |
---|
97 | | - | Emergency Services and Public Protection, the Chief State's Attorney, 73 |
---|
98 | | - | the agent in Connecticut in charge of the federal Bureau of Alcohol, 74 |
---|
99 | | - | Tobacco and Firearms, the president of the Connecticut Police Chiefs 75 |
---|
100 | | - | Association and five chiefs of police designated by said association, each 76 |
---|
101 | | - | to serve for a term of one year, provided one such chief of police shall 77 |
---|
102 | | - | be from a municipality with a population of one hundred thousand or 78 |
---|
103 | | - | more. 79 |
---|
| 82 | + | LCO No. 6200 3 of 13 |
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| 83 | + | |
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| 84 | + | (2) Not later than January 1, [2021] 2027, and at least once during each 49 |
---|
| 85 | + | five-year period thereafter, the Commissioner of Emergency Services 50 |
---|
| 86 | + | and Public Protection, in conjunction with the Chief State's Attorney, the 51 |
---|
| 87 | + | Police Officer Standards and Training Council, the Connecticut Police 52 |
---|
| 88 | + | Chiefs Association and the Connecticut Coalition of Police and 53 |
---|
| 89 | + | Correctional Officers, shall adopt regulations in accordance with the 54 |
---|
| 90 | + | provisions of chapter 54, to update such policy adopted pursuant to 55 |
---|
| 91 | + | subdivision (1) of this subsection. 56 |
---|
| 92 | + | Sec. 2. Section 29-38e of the general statutes is repealed and the 57 |
---|
| 93 | + | following is substituted in lieu thereof (Effective from passage): 58 |
---|
| 94 | + | (a) There shall be within the Division of State Police, within the 59 |
---|
| 95 | + | Department of Emergency Services and Public Protection, a state-wide 60 |
---|
| 96 | + | firearms [trafficking] crimes and tracing task force for the effective 61 |
---|
| 97 | + | cooperative enforcement of the laws of this state concerning the 62 |
---|
| 98 | + | distribution and possession of firearms. 63 |
---|
| 99 | + | (b) The task force shall be comprised of municipal and state law 64 |
---|
| 100 | + | enforcement officers and may include federal law enforcement officers. 65 |
---|
| 101 | + | Such task force shall be authorized to conduct any investigation 66 |
---|
| 102 | + | authorized by this section at any place within the state as may be 67 |
---|
| 103 | + | deemed necessary. 68 |
---|
| 104 | + | (c) The task force may request and may receive from any federal, state 69 |
---|
| 105 | + | or local agency, cooperation and assistance in the performance of its 70 |
---|
| 106 | + | duties, including the temporary assignment of personnel which may be 71 |
---|
| 107 | + | necessary to carry out the performance of its functions. 72 |
---|
| 108 | + | (d) The task force may enter into mutual assistance and cooperation 73 |
---|
| 109 | + | agreements with other states pertaining to firearms law enforcement 74 |
---|
| 110 | + | matters extending across state boundaries, and may consult and 75 |
---|
| 111 | + | exchange information and personnel with agencies of other states with 76 |
---|
| 112 | + | reference to firearms law enforcement problems of mutual concern. 77 |
---|
| 113 | + | (e) The Commissioner of Emergency Services and Public Protection 78 |
---|
| 114 | + | Raised Bill No. 1504 |
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| 115 | + | |
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| 116 | + | |
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| 117 | + | |
---|
| 118 | + | LCO No. 6200 4 of 13 |
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| 119 | + | |
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| 120 | + | may appoint [a commanding officer and such other] such personnel as 79 |
---|
| 121 | + | the commissioner deems necessary for the duties of the task force, 80 |
---|
| 122 | + | within available appropriations. 81 |
---|
| 123 | + | (f) The task force shall: (1) Review the problem of illegal trafficking in 82 |
---|
| 124 | + | firearms and its effects, including its effects on the public, and 83 |
---|
| 125 | + | implement solutions to address the problem; (2) identify persons 84 |
---|
| 126 | + | illegally trafficking in firearms and focus resources to prosecute such 85 |
---|
| 127 | + | persons; (3) track firearms which were sold or distributed illegally and 86 |
---|
| 128 | + | implement solutions to remove such firearms from persons illegally in 87 |
---|
| 129 | + | possession of them; [and] (4) coordinate its activities with other law 88 |
---|
| 130 | + | enforcement agencies within and without the state; and (5) not later than 89 |
---|
| 131 | + | February 1, 2026, and annually thereafter, report in accordance with the 90 |
---|
| 132 | + | provisions of section 11-4a to the Governor and the joint standing 91 |
---|
| 133 | + | committees of the General Assembly having cognizance of matters 92 |
---|
| 134 | + | relating to the judiciary and public safety on: (A) The number of 93 |
---|
| 135 | + | individuals identified and arrested pursuant to subdivision (2) of this 94 |
---|
| 136 | + | subsection; (B) the number of firearms seized as a result of the task 95 |
---|
| 137 | + | force's efforts pursuant to subdivision (3) of this subsection; (C) any 96 |
---|
| 138 | + | other activities of the task force during the preceding calendar year; and 97 |
---|
| 139 | + | (D) any resources that the task force needs to continue to operate in 98 |
---|
| 140 | + | accordance with the provisions of this section. 99 |
---|
| 141 | + | Sec. 3. Section 29-31 of the general statutes is repealed and the 100 |
---|
| 142 | + | following is substituted in lieu thereof (Effective from passage): 101 |
---|
| 143 | + | No sale of any firearm shall be made except in the room, store or place 102 |
---|
| 144 | + | described in the permit for the sale of firearms, and such permit or a 103 |
---|
| 145 | + | copy of such permit certified by the authority issuing the same shall be 104 |
---|
| 146 | + | exposed to view within the room, store or place where firearms are sold 105 |
---|
| 147 | + | or offered or exposed for sale. No sale or delivery of any firearm shall 106 |
---|
| 148 | + | be made unless the purchaser or person to whom the same is to be 107 |
---|
| 149 | + | delivered is personally known to the vendor of such firearm or the 108 |
---|
| 150 | + | person making delivery thereof or unless the person making such 109 |
---|
| 151 | + | purchase or to whom delivery thereof is to be made provides evidence 110 |
---|
| 152 | + | Raised Bill No. 1504 |
---|
| 153 | + | |
---|
| 154 | + | |
---|
| 155 | + | |
---|
| 156 | + | LCO No. 6200 5 of 13 |
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| 157 | + | |
---|
| 158 | + | of his or her identity. The vendor of any firearm shall keep a record of 111 |
---|
| 159 | + | each firearm sold in a book kept for that purpose, which record shall be 112 |
---|
| 160 | + | in such form as is prescribed by 27 CFR 478.125. The vendor of any 113 |
---|
| 161 | + | firearm shall make such record available for inspection upon the request 114 |
---|
| 162 | + | of any sworn member of an organized local police department or the 115 |
---|
| 163 | + | Division of State Police within the Department of Emergency Services 116 |
---|
| 164 | + | and Public Protection or any investigator assigned to the state-wide 117 |
---|
| 165 | + | firearms [trafficking] crimes and tracing task force established under 118 |
---|
| 166 | + | section 29-38e, as amended by this act, or any investigator employed by 119 |
---|
| 167 | + | a federal law enforcement agency for official purposes related to such 120 |
---|
| 168 | + | member's or investigator's employment. 121 |
---|
| 169 | + | Sec. 4. Subsection (a) of section 29-38f of the general statutes is 122 |
---|
| 170 | + | repealed and the following is substituted in lieu thereof (Effective from 123 |
---|
| 171 | + | passage): 124 |
---|
| 172 | + | (a) There shall be a State-Wide Firearms [Trafficking] Crimes and 125 |
---|
| 173 | + | Tracing Task Force Policy Board within the Division of State Police, 126 |
---|
| 174 | + | within the Department of Emergency Services and Public Protection, for 127 |
---|
| 175 | + | administrative purposes only, consisting of the Commissioner of 128 |
---|
| 176 | + | Emergency Services and Public Protection, the Chief State's Attorney, 129 |
---|
| 177 | + | the agent in Connecticut in charge of the federal Bureau of Alcohol, 130 |
---|
| 178 | + | Tobacco and Firearms, the president of the Connecticut Police Chiefs 131 |
---|
| 179 | + | Association and five chiefs of police designated by said association, each 132 |
---|
| 180 | + | to serve for a term of one year, provided one such chief of police shall 133 |
---|
| 181 | + | be from a municipality with a population of one hundred thousand or 134 |
---|
| 182 | + | more. 135 |
---|
| 183 | + | Sec. 5. Section 54-64a of the general statutes is repealed and the 136 |
---|
| 184 | + | following is substituted in lieu thereof (Effective October 1, 2025): 137 |
---|
| 185 | + | (a) (1) Except as provided in subdivision (2) of this subsection and 138 |
---|
| 186 | + | subsection (b) or (c) of this section, when any arrested person is 139 |
---|
| 187 | + | presented before the Superior Court, said court shall, in bailable 140 |
---|
| 188 | + | offenses, promptly order the release of such person upon the first of the 141 |
---|
| 189 | + | Raised Bill No. 1504 |
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| 190 | + | |
---|
| 191 | + | |
---|
| 192 | + | |
---|
| 193 | + | LCO No. 6200 6 of 13 |
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| 194 | + | |
---|
| 195 | + | following conditions of release found sufficient to reasonably ensure the 142 |
---|
| 196 | + | appearance of the arrested person in court: (A) Upon execution of a 143 |
---|
| 197 | + | written promise to appear without special conditions, (B) upon 144 |
---|
| 198 | + | execution of a written promise to appear with nonfinancial conditions, 145 |
---|
| 199 | + | (C) upon execution of a bond without surety in no greater amount than 146 |
---|
| 200 | + | necessary, or (D) upon execution of a bond with surety in no greater 147 |
---|
| 201 | + | amount than necessary, but in no event shall a judge prohibit a bond 148 |
---|
| 202 | + | from being posted by surety. In addition to or in conjunction with any 149 |
---|
| 203 | + | of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 150 |
---|
| 204 | + | this subdivision the court may, when it has reason to believe that the 151 |
---|
| 205 | + | person is drug-dependent and where necessary, reasonable and 152 |
---|
| 206 | + | appropriate, order the person to submit to a urinalysis drug test and to 153 |
---|
| 207 | + | participate in a program of periodic drug testing and treatment. The 154 |
---|
| 208 | + | results of any such drug test shall not be admissible in any criminal 155 |
---|
| 209 | + | proceeding concerning such person. 156 |
---|
| 210 | + | (2) If the arrested person is charged with no offense other than a 157 |
---|
| 211 | + | misdemeanor, the court shall not impose financial conditions of release 158 |
---|
| 212 | + | on the person unless (A) the person is charged with a family violence 159 |
---|
| 213 | + | crime, as defined in section 46b-38a, or (B) the person requests such 160 |
---|
| 214 | + | financial conditions, or (C) the court makes a finding on the record that 161 |
---|
| 215 | + | there is a likely risk that (i) the arrested person will fail to appear in 162 |
---|
| 216 | + | court, as required, or (ii) the arrested person will obstruct or attempt to 163 |
---|
| 217 | + | obstruct justice, or threaten, injure or intimidate or attempt to threaten, 164 |
---|
| 218 | + | injure or intimidate a prospective witness or juror, or (iii) the arrested 165 |
---|
| 219 | + | person will engage in conduct that threatens the safety of himself or 166 |
---|
| 220 | + | herself or another person. In making a finding described in this 167 |
---|
| 221 | + | subsection, the court may consider past criminal history, including any 168 |
---|
| 222 | + | prior record of failing to appear as required in court that resulted in any 169 |
---|
| 223 | + | conviction for a violation of section 53a-172 or any conviction during the 170 |
---|
| 224 | + | previous ten years for a violation of section 53a-173 and any other 171 |
---|
| 225 | + | pending criminal cases of the person charged with a misdemeanor. 172 |
---|
| 226 | + | (3) The court may, in determining what conditions of release will 173 |
---|
| 227 | + | reasonably ensure the appearance of the arrested person in court, 174 |
---|
| 228 | + | Raised Bill No. 1504 |
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| 229 | + | |
---|
| 230 | + | |
---|
| 231 | + | |
---|
| 232 | + | LCO No. 6200 7 of 13 |
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| 233 | + | |
---|
| 234 | + | consider the following factors: (A) The nature and circumstances of the 175 |
---|
| 235 | + | offense, (B) such person's record of previous convictions, (C) such 176 |
---|
| 236 | + | person's past record of appearance in court, (D) such person's family 177 |
---|
| 237 | + | ties, (E) such person's employment record, (F) such person's financial 178 |
---|
| 238 | + | resources, character and mental condition, (G) such person's community 179 |
---|
| 239 | + | ties, and (H) in the case of a violation of section 53a-222a when the 180 |
---|
| 240 | + | condition of release was issued for a family violence crime, as defined 181 |
---|
| 241 | + | in section 46b-38a, the heightened risk posed to victims of family 182 |
---|
| 242 | + | violence by violations of conditions of release. 183 |
---|
| 243 | + | (b) (1) Except as provided in subsection (c) of this section, any 184 |
---|
| 244 | + | arrested person charged with the commission of a class A felony, a class 185 |
---|
| 245 | + | B felony, except a violation of section 53a-86 or 53a-122, a class C felony, 186 |
---|
| 246 | + | except a violation of section 53a-87, 53a-152 or 53a-153, or a class D 187 |
---|
| 247 | + | felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-188 |
---|
| 248 | + | 95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence 189 |
---|
| 249 | + | crime, as defined in section 46b-38a, is presented before the Superior 190 |
---|
| 250 | + | Court, said court shall, in bailable offenses, promptly order the release 191 |
---|
| 251 | + | of such person upon the first of the following conditions of release found 192 |
---|
| 252 | + | sufficient to reasonably ensure the appearance of the arrested person in 193 |
---|
| 253 | + | court and that the safety of any other person will not be endangered: (A) 194 |
---|
| 254 | + | Upon such person's execution of a written promise to appear without 195 |
---|
| 255 | + | special conditions, (B) upon such person's execution of a written 196 |
---|
| 256 | + | promise to appear with nonfinancial conditions, (C) upon such person's 197 |
---|
| 257 | + | execution of a bond without surety in no greater amount than necessary, 198 |
---|
| 258 | + | or (D) upon such person's execution of a bond with surety in no greater 199 |
---|
| 259 | + | amount than necessary, but in no event shall a judge prohibit a bond 200 |
---|
| 260 | + | from being posted by surety. In addition to or in conjunction with any 201 |
---|
| 261 | + | of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 202 |
---|
| 262 | + | this subdivision, the court may, when it has reason to believe that the 203 |
---|
| 263 | + | person is drug-dependent and where necessary, reasonable and 204 |
---|
| 264 | + | appropriate, order the person to submit to a urinalysis drug test and to 205 |
---|
| 265 | + | participate in a program of periodic drug testing and treatment. The 206 |
---|
| 266 | + | results of any such drug test shall not be admissible in any criminal 207 |
---|
| 267 | + | Raised Bill No. 1504 |
---|
| 268 | + | |
---|
| 269 | + | |
---|
| 270 | + | |
---|
| 271 | + | LCO No. 6200 8 of 13 |
---|
| 272 | + | |
---|
| 273 | + | proceeding concerning such person. 208 |
---|
| 274 | + | (2) The court may, in determining what conditions of release will 209 |
---|
| 275 | + | reasonably ensure the appearance of the arrested person in court and 210 |
---|
| 276 | + | that the safety of any other person will not be endangered, consider the 211 |
---|
| 277 | + | following factors: (A) The nature and circumstances of the offense, (B) 212 |
---|
| 278 | + | such person's record of previous convictions, (C) such person's past 213 |
---|
| 279 | + | record of appearance in court after being admitted to bail, (D) such 214 |
---|
| 280 | + | person's family ties, (E) such person's employment record, (F) such 215 |
---|
| 281 | + | person's financial resources, character and mental condition, (G) such 216 |
---|
| 282 | + | person's community ties, (H) the number and seriousness of charges 217 |
---|
| 283 | + | pending against the arrested person, (I) the weight of the evidence 218 |
---|
| 284 | + | against the arrested person, (J) the arrested person's history of violence, 219 |
---|
| 285 | + | (K) whether the arrested person has previously been convicted of 220 |
---|
| 286 | + | similar offenses while released on bond, (L) the likelihood based upon 221 |
---|
| 287 | + | the expressed intention of the arrested person that such person will 222 |
---|
| 288 | + | commit another crime while released, and (M) the heightened risk 223 |
---|
| 289 | + | posed to victims of family violence by violations of conditions of release 224 |
---|
| 290 | + | and court orders of protection. 225 |
---|
| 291 | + | (3) When imposing conditions of release under this subsection, the 226 |
---|
| 292 | + | court shall state for the record any factors under subdivision (2) of this 227 |
---|
| 293 | + | subsection that it considered and the findings that it made as to the 228 |
---|
| 294 | + | danger, if any, that the arrested person might pose to the safety of any 229 |
---|
| 295 | + | other person upon the arrested person's release that caused the court to 230 |
---|
| 296 | + | impose the specific conditions of release that it imposed. 231 |
---|
| 297 | + | (c) (1) When any arrested person charged with the commission of a 232 |
---|
| 298 | + | serious firearm offense, as defined in section 53a-3, is (A) a serious 233 |
---|
| 299 | + | firearm offender, (B) has two previous convictions for a violation of 234 |
---|
| 300 | + | section 29-36, 29-36a, 53-202, 53-202a, 53-202b, 53-202c, 53-202w, 53-235 |
---|
| 301 | + | 202aa, 53-206i, 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-236 |
---|
| 302 | + | 56, 53a-56a, 53a-59, 53a-60, 53a-60a, 53a-134, 53a-212, 53a-216, 53a-217, 237 |
---|
| 303 | + | 53a-217b or 53a-217c, (C) a previous conviction for a violation of section 238 |
---|
| 304 | + | 29-35, in addition to a prior conviction for a violation of section 29-36, 239 |
---|
| 305 | + | Raised Bill No. 1504 |
---|
| 306 | + | |
---|
| 307 | + | |
---|
| 308 | + | |
---|
| 309 | + | LCO No. 6200 9 of 13 |
---|
| 310 | + | |
---|
| 311 | + | 29-36a, 53-202, 53-202a, 53-202b, 53-202c, 53-202w, 53-202aa, 53-206i, 240 |
---|
| 312 | + | 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-241 |
---|
| 313 | + | 59, 53a-60, 53a-60a, 53a-134, 53a-212, 53a-216, 53a-217, 53a-217b or 53a-242 |
---|
| 314 | + | 217c, or (D) two or more convictions during the five-year period 243 |
---|
| 315 | + | immediately prior to the current arrest for a violation of section 21a-277, 244 |
---|
| 316 | + | 21a-278, 53a-122 or 53a-123, is presented before the Superior Court, the 245 |
---|
| 317 | + | court shall, in bailable offenses, promptly order the release of such 246 |
---|
| 318 | + | person after establishing a bond amount found sufficient to reasonably 247 |
---|
| 319 | + | ensure the appearance of the arrested person in court, and that the safety 248 |
---|
| 320 | + | of any other person will not be endangered and upon such person's 249 |
---|
| 321 | + | execution of a bond with or without surety in no greater amount than 250 |
---|
| 322 | + | necessary. The prosecutorial official shall petition for the arrested 251 |
---|
| 323 | + | person to deposit at least thirty per cent of the bond amount directly 252 |
---|
| 324 | + | with the court, and there shall be a rebuttable presumption that the 253 |
---|
| 325 | + | safety of other persons will be endangered without the granting of such 254 |
---|
| 326 | + | petition. Additionally, the court may, when it has reason to believe that 255 |
---|
| 327 | + | the person is drug-dependent and where necessary, reasonable and 256 |
---|
| 328 | + | appropriate, order the person to submit to a urinalysis drug test and to 257 |
---|
| 329 | + | participate in a program of periodic drug testing and treatment. The 258 |
---|
| 330 | + | results of any such drug test shall not be admissible in any criminal 259 |
---|
| 331 | + | proceeding concerning such person. 260 |
---|
| 332 | + | (2) When any arrested person charged with the commission of a 261 |
---|
| 333 | + | serious firearm offense, as defined in section 53a-3, other than a person 262 |
---|
| 334 | + | described in subdivision (1) of this subsection, is presented before the 263 |
---|
| 335 | + | Superior Court, the court shall, in bailable offenses, promptly order the 264 |
---|
| 336 | + | release of such person upon the first of the following conditions of 265 |
---|
| 337 | + | release found sufficient to reasonably ensure the appearance of the 266 |
---|
| 338 | + | arrested person in court and that the safety of any other person will not 267 |
---|
| 339 | + | be endangered: (A) Upon such person's execution of a written promise 268 |
---|
| 340 | + | to appear without special conditions, (B) upon such person's execution 269 |
---|
| 341 | + | of a written promise to appear with nonfinancial conditions, (C) upon 270 |
---|
| 342 | + | such person's execution of a bond without surety in no greater amount 271 |
---|
| 343 | + | than necessary, or (D) upon such person's execution of a bond with 272 |
---|
| 344 | + | Raised Bill No. 1504 |
---|
| 345 | + | |
---|
| 346 | + | |
---|
| 347 | + | |
---|
| 348 | + | LCO No. 6200 10 of 13 |
---|
| 349 | + | |
---|
| 350 | + | surety in no greater amount than necessary, but in no event shall a judge 273 |
---|
| 351 | + | prohibit a bond from being posted by surety. The prosecutorial official 274 |
---|
| 352 | + | may petition the court to deem such person a serious risk to the safety 275 |
---|
| 353 | + | of another person or persons. The prosecutorial official may present any 276 |
---|
| 354 | + | information developed by federal, state and local law enforcement 277 |
---|
| 355 | + | agencies in the course of a criminal investigation or enforcement action, 278 |
---|
| 356 | + | including, but not limited to, social media posts, pictures or videos 279 |
---|
| 357 | + | threatening violence, claiming responsibility for violence or suggesting 280 |
---|
| 358 | + | possession of a firearm. If the court finds that the arrested person poses 281 |
---|
| 359 | + | a serious risk to the safety of another person or persons, the arrested 282 |
---|
| 360 | + | person may only be released pursuant to subparagraph (C) or (D) of this 283 |
---|
| 361 | + | subdivision and the arrested person shall be required to deposit at least 284 |
---|
| 362 | + | thirty per cent of any bond amount directly with the court. Additionally, 285 |
---|
| 363 | + | the court may, when it has reason to believe that the person is drug-286 |
---|
| 364 | + | dependent and where necessary, reasonable and appropriate, order the 287 |
---|
| 365 | + | person to submit to a urinalysis drug test and to participate in a program 288 |
---|
| 366 | + | of periodic drug testing and treatment. The results of any such drug test 289 |
---|
| 367 | + | shall not be admissible in any criminal proceeding concerning such 290 |
---|
| 368 | + | person. 291 |
---|
| 369 | + | (3) The court may, in determining what conditions of release will 292 |
---|
| 370 | + | reasonably ensure the appearance of the arrested person in court and 293 |
---|
| 371 | + | that the safety of any other person will not be endangered, consider the 294 |
---|
| 372 | + | following factors: (A) The nature and circumstances of the offense, (B) 295 |
---|
| 373 | + | such person's record of previous convictions, (C) such person's past 296 |
---|
| 374 | + | record of appearances in court after being admitted to bail, (D) such 297 |
---|
| 375 | + | person's family ties, (E) such person's employment record, (F) such 298 |
---|
| 376 | + | person's financial resources, character and mental condition, (G) such 299 |
---|
| 377 | + | person's community ties, (H) the number and seriousness of charges 300 |
---|
| 378 | + | pending against the arrested person, (I) the weight of the evidence 301 |
---|
| 379 | + | against the arrested person, (J) the arrested person's history of violence, 302 |
---|
| 380 | + | (K) whether the arrested person has previously been convicted of 303 |
---|
| 381 | + | similar offenses while released on bond, and (L) the likelihood based 304 |
---|
| 382 | + | upon the expressed intention of the arrested person that such person 305 |
---|
| 383 | + | Raised Bill No. 1504 |
---|
| 384 | + | |
---|
| 385 | + | |
---|
| 386 | + | |
---|
| 387 | + | LCO No. 6200 11 of 13 |
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| 388 | + | |
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| 389 | + | will commit another crime while released. 306 |
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| 390 | + | (4) When imposing conditions of release under this subsection, the 307 |
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| 391 | + | court shall state for the record any factors under subdivision (3) of this 308 |
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| 392 | + | subsection that it considered and the findings that it made as to the 309 |
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| 393 | + | danger, if any, that the arrested person might pose to the safety of any 310 |
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| 394 | + | other person upon the arrested person's release that caused the court to 311 |
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| 395 | + | impose the specific conditions of release that the court imposed. 312 |
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| 396 | + | (d) If the court determines that a nonfinancial condition of release 313 |
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| 397 | + | should be imposed pursuant to subparagraph (B) of subdivision (1) of 314 |
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| 398 | + | subsection (a) or (b) of this section, the court shall order the pretrial 315 |
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| 399 | + | release of the person subject to the least restrictive condition or 316 |
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| 400 | + | combination of conditions that the court determines will reasonably 317 |
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| 401 | + | ensure the appearance of the arrested person in court and, with respect 318 |
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| 402 | + | to the release of the person pursuant to subsection (b) or (c) of this 319 |
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| 403 | + | section, that the safety of any other person will not be endangered, 320 |
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| 404 | + | which conditions may include an order that the arrested person do one 321 |
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| 405 | + | or more of the following: (1) Remain under the supervision of a 322 |
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| 406 | + | designated person or organization; (2) comply with specified 323 |
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| 407 | + | restrictions on such person's travel, association or place of abode; (3) not 324 |
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| 408 | + | engage in specified activities, including the use or possession of a 325 |
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| 409 | + | dangerous weapon, an intoxicant or a controlled substance; (4) provide 326 |
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| 410 | + | sureties of the peace pursuant to section 54-56f under supervision of a 327 |
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| 411 | + | designated bail commissioner or intake, assessment and referral 328 |
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| 412 | + | specialist employed by the Judicial Branch; (5) avoid all contact with an 329 |
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| 413 | + | alleged victim of the crime and with a potential witness who may testify 330 |
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| 414 | + | concerning the offense; (6) maintain employment or, if unemployed, 331 |
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| 415 | + | actively seek employment; (7) maintain or commence an educational 332 |
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| 416 | + | program; (8) be subject to electronic monitoring; or (9) satisfy any other 333 |
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| 417 | + | condition that is reasonably necessary to ensure the appearance of the 334 |
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| 418 | + | person in court and that the safety of any other person will not be 335 |
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| 419 | + | endangered. The court shall state on the record its reasons for imposing 336 |
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| 420 | + | any such nonfinancial condition. 337 |
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| 421 | + | Raised Bill No. 1504 |
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| 422 | + | |
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| 423 | + | |
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| 424 | + | |
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| 425 | + | LCO No. 6200 12 of 13 |
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| 426 | + | |
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| 427 | + | (e) Any arrested person released upon execution of a bond, with or 338 |
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| 428 | + | without surety, in an amount equal to or greater than five hundred 339 |
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| 429 | + | thousand dollars, shall be subject to electronic monitoring. 340 |
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| 430 | + | [(e)] (f) If the arrested person is not released, the court shall order him 341 |
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| 431 | + | committed to the custody of the Commissioner of Correction until he is 342 |
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| 432 | + | released or discharged in due course of law. 343 |
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| 433 | + | [(f)] (g) The court may require that the person subject to electronic 344 |
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| 434 | + | monitoring pursuant to subsection (d) or (e) of this section pay directly 345 |
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| 435 | + | to the electronic monitoring service provider a fee for the cost of such 346 |
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| 436 | + | electronic monitoring services. If the court finds that the person subject 347 |
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| 437 | + | to electronic monitoring is indigent and unable to pay the costs of 348 |
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| 438 | + | electronic monitoring services, the court shall waive such costs. Any 349 |
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| 439 | + | contract entered into by the Judicial Branch and the electronic 350 |
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| 440 | + | monitoring service provider shall include a provision stating that the 351 |
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| 441 | + | total cost for electronic monitoring services shall not exceed five dollars 352 |
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| 442 | + | per day. Such amount shall be indexed annually to reflect the rate of 353 |
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| 443 | + | inflation. 354 |
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| 444 | + | Sec. 6. Subsection (b) of section 54-125a of the general statutes is 355 |
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| 445 | + | repealed and the following is substituted in lieu thereof (Effective October 356 |
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| 446 | + | 1, 2025): 357 |
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| 447 | + | (b) (1) No person convicted of any of the following offenses, which 358 |
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| 448 | + | was committed on or after July 1, 1981, shall be eligible for parole under 359 |
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| 449 | + | subsection (a) of this section: (A) Capital felony, as provided under the 360 |
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| 450 | + | provisions of section 53a-54b in effect prior to April 25, 2012, (B) murder 361 |
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| 451 | + | with special circumstances, as provided under the provisions of section 362 |
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| 452 | + | 53a-54b in effect on or after April 25, 2012, (C) felony murder, as 363 |
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| 453 | + | provided in section 53a-54c, (D) arson murder, as provided in section 364 |
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| 454 | + | 53a-54d, (E) murder, as provided in section 53a-54a, or (F) aggravated 365 |
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| 455 | + | sexual assault in the first degree, as provided in section 53a-70a. (2) A 366 |
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| 456 | + | person convicted of (A) a violation of section 21a-277, 21a-278, 21a-278a, 367 |
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| 457 | + | 53-21, 53a-90a, 53a-99, 53a-100aa, [or] 53a-102, 53a-192a, 53a-196, 53a-368 |
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| 458 | + | Raised Bill No. 1504 |
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| 459 | + | |
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| 460 | + | |
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| 461 | + | |
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| 462 | + | LCO No. 6200 13 of 13 |
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| 463 | + | |
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| 464 | + | 196a, 53a-196b, 53a-196c, 53a-196d, 53a-196e, 53a-196f, 53a-196g, 53a-369 |
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| 465 | + | 196h, 53a-196i or 53a-196j, or (B) [an] any other offense, other than an 370 |
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| 466 | + | offense specified in subdivision (1) of this subsection, where the 371 |
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| 467 | + | underlying facts and circumstances of the offense involve the use, 372 |
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| 468 | + | attempted use or threatened use of physical force against another 373 |
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| 469 | + | person, shall be ineligible for parole under subsection (a) of this section 374 |
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| 470 | + | until such person has served not less than eighty-five per cent of the 375 |
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| 471 | + | definite sentence imposed.376 |
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