Bill Summary – FastDemocracy

General Assembly                       Governor's Bill No. 5019
       February Session, 2020               LCO No. 717
     Referred to Committee on JUDICIARY
     Introduced by:
       REP. ARESIMOWICZ, 30th Dist.
       REP. RITTER M., 1st Dist.
       SEN. LOONEY, 11th Dist.
       SEN. DUFF, 25th Dist.
 AN ACT CONCERNING FAIR FUTURES FOLLOWING ERASURE OF
 CRIMINAL RECORDS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Subsection (l) of section 54-124a of the 2020 supplement to
    the general statutes is repealed and the following is substituted in lieu
    thereof (Effective July 1, 2020):
       (l) The chairperson and executive director shall establish:
       (1) In consultation with the Department of Correction, a parole
    orientation program for all parole-eligible inmates upon their transfer
   to the custody of the Commissioner of Correction that will provide
   general information on the laws and policies regarding parole release,
   calculation of time-served standards, general conditions of release,
   supervision practices, revocation and rescission policies, and
   procedures for administrative review and panel hearings, and any other
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 information that the board deems relevant for preparing inmates for
 parole;
    (2) An incremental sanctions system for parole violations including,
 but not limited to, reincarceration based on the type, severity and
 frequency of the violation and specific periods of incarceration for
 certain types of violations; [and]
    (3) A formal training program for members of the board and parole
 officers, to be completed annually by each member, that shall include,
 but not be limited to, an overview of the criminal justice system, the
 parole system including factors to be considered in granting parole,
 victim rights and services, reentry strategies, risk assessment, case
 management and mental health issues; [. Each member shall complete
 such training annually.] and
    (4) A formal training program to be completed annually by each
 member of the board on the pardons process, including information
 concerning collateral consequences a person with a criminal record may
 face due to having a criminal record, such as when applying for housing
 or employment.
    Sec. 2. Section 54-142a of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2021):
    (a) Whenever in any criminal case, on or after October 1, 1969, the
 accused, by a final judgment, is found not guilty of the charge or the
 charge is dismissed, all police and court records and records of any
 state's attorney pertaining to such charge shall be erased upon the
 expiration of the time to file a writ of error or take an appeal, if an appeal
 is not taken, or upon final determination of the appeal sustaining a
 finding of not guilty or a dismissal, if an appeal is taken. Nothing in this
 subsection shall require the erasure of any record pertaining to a charge
 for which the defendant was found not guilty by reason of mental
 disease or defect or guilty but not criminally responsible by reason of
 mental disease or defect.
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    (b) Whenever in any criminal case prior to October 1, 1969, the
 accused, by a final judgment, was found not guilty of the charge or the
 charge was dismissed, all police and court records and records of the
 state's or prosecuting attorney or the prosecuting grand juror pertaining
 to such charge shall be erased by operation of law and the clerk or any
 person charged with the retention and control of such records shall not
 disclose to anyone their existence or any information pertaining to any
 charge so erased; provided nothing in this subsection shall prohibit the
 arrested person or any one of his heirs from filing a petition for erasure
 with the court granting such not guilty judgment or dismissal, or, where
 the matter had been before a municipal court, a trial justice, the Circuit
 Court or the Court of Common Pleas [with the records center of the
 Judicial Department] in the Superior Court where venue would exist for
 criminal prosecution and thereupon all police and court records and
 records of the state's attorney, prosecuting attorney or prosecuting
 grand juror pertaining to such charge shall be erased. Nothing in this
 subsection shall require the erasure of any record pertaining to a charge
 for which the defendant was found not guilty by reason of mental
 disease or defect.
    (c) (1) Whenever any charge in a criminal case has been nolled in the
 Superior Court, or in the Court of Common Pleas, if at least thirteen
 months have elapsed since such nolle, all police and court records and
 records of the state's or prosecuting attorney or the prosecuting grand
 juror pertaining to such charge shall be erased, except that in cases of
 nolles entered in the Superior Court, Court of Common Pleas, Circuit
 Court, municipal court or by a justice of the peace prior to April 1, 1972,
 such records shall be deemed erased by operation of law and the clerk
 or the person charged with the retention and control of such records
 shall not disclose to anyone their existence or any information
 pertaining to any charge so erased, provided nothing in this subsection
 shall prohibit the arrested person or any one of his heirs from filing a
 petition to the court or to the records center of the Judicial Department,
 as the case may be, to have such records erased, in which case such
 records shall be erased.
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    (2) Whenever any charge in a criminal case has been continued at the
 request of the prosecuting attorney, and a period of thirteen months has
 elapsed since the granting of such continuance during which period
 there has been no prosecution or other disposition of the matter, the
 charge shall be nolled upon motion of the arrested person and such
 erasure may thereafter be effected or a petition filed therefor, as the case
 may be, as provided in this subsection for nolled cases.
    (d) (1) Whenever prior to October 1, 1974, any person who has been
 convicted of an offense in any court of this state has received an absolute
 pardon for such offense, such person or any one of his heirs may, at any
 time subsequent to such pardon, file a petition with the [superior court]
 Superior Court at the location in which such conviction was effected, or
 with the [superior court] Superior Court at the location having custody
 of the records of such conviction or with the records center of the
 Judicial Department if such conviction was in the Court of Common
 Pleas, Circuit Court, municipal court or by a trial justice court, in the
 Superior Court where venue would exist for criminal prosecution, for
 an order of erasure, and the Superior Court or records center of the
 Judicial Department shall direct all police and court records and records
 of the state's or prosecuting attorney pertaining to such [case to] offense
 be erased.
    (2) Whenever such absolute pardon was received on or after October
 1, 1974, such records shall be erased.
    (e) (1) Whenever any person has been convicted in any court of this
 state of (A) a class C misdemeanor, (B) a class D misdemeanor, (C)
 possession of a controlled substance under section 21a-279, or (D)
 possession of a cannabis-type substance under section 21a-279a, and a
 period of seven years has elapsed from the date on which such person's
 most recent conviction for a misdemeanor or felony offense was
 adjudicated, all police and court records and records of the state's or
 prosecuting attorney or the prosecuting grand juror pertaining to such
 conviction shall be erased by operation of law.
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    (2) Whenever prior to October 1, 2015, any person has been convicted
 in any court in this state of possession of a cannabis-type substance
 under subsection (c) of section 21a-279, all police and court records of
 the state's or prosecuting attorney or the prosecuting grand juror
 pertaining to such a conviction shall be erased by operation of law.
    (3) Convictions for the following offenses shall not be eligible for
 erasure pursuant to this subsection:
   (A) Any family violence crime, as defined in section 46b-38a;
   (B) Any offense if the person is operating a commercial motor vehicle
 while committing such offense pursuant to section 14-215 or 14-222; or
   (C) Any offense pursuant to section 14-227k, 53-203, 53a-185, or 53a-
 213.
    (4) Nothing in this subsection shall limit any other procedure for
 erasure of criminal history record information, as defined in section 54-
 142g, or prohibit a person from participating in any such procedure,
 even if such person's electronically stored criminal history record
 information has been erased pursuant to this section.
    [(e)] (f) (1) The clerk of the court [or any person charged with
 retention and control of such records in the records center of the Judicial
 Department] or any law enforcement agency having information
 contained in such erased records shall not disclose to anyone, except the
 subject of the record, upon submission pursuant to guidelines
 prescribed by the Office of the Chief Court Administrator of satisfactory
 proof of the subject's identity, information pertaining to any charge
 erased under any provision of this section and such clerk or person
 charged with the retention and control of such records shall forward a
 notice of such erasure to any law enforcement agency to which he
 knows information concerning the arrest has been disseminated and
 such disseminated information shall be erased from the records of such
 law enforcement agency. Such clerk or such person, as the case may be,
 shall provide adequate security measures to safeguard against
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 unauthorized access to or dissemination of such records or upon the
 request of the accused cause the actual physical destruction of such
 records, except that such clerk or such person shall not cause the actual
 physical destruction of such records until three years have elapsed from
 the date of the final disposition of the criminal case to which such
 records pertain.
   (2) No fee shall be charged in any court with respect to any petition
 under this section.
   (3) Any person who shall have been the subject of such an erasure
 shall be deemed to have never been arrested within the meaning of the
 general statutes with respect to the proceedings so erased and may so
 swear under oath.
    [(f)] (g) Upon motion properly brought, the court or a judge of such
 court, if such court is not in session, shall order disclosure of such
 records (1) to a defendant in an action for false arrest arising out of the
 proceedings so erased, or (2) to the prosecuting attorney and defense
 counsel in connection with any perjury charges which the prosecutor
 alleges may have arisen from the testimony elicited during the trial, or
 any false statement charges, or any proceeding held pursuant to section
 53a-40b, or (3) counsel for the petitioner and the respondent in
 connection with any habeas corpus or other collateral civil action in
 which evidence pertaining to a nolled or dismissed criminal charge may
 become relevant. Such disclosure of such records is subject also to any
 records destruction program pursuant to which the records may have
 been destroyed. The jury charge in connection with erased offenses may
 be ordered by the judge for use by the judiciary, provided the names of
 the accused and the witnesses are omitted therefrom.
    [(g)] (h) The provisions of this section shall not apply to any police or
 court records or the records of any state's attorney or prosecuting
 attorney with respect to any information or indictment containing more
 than one count (1) while the criminal case is pending, or (2) when the
 criminal case is disposed of unless and until all counts are entitled to
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 erasure in accordance with the provisions of this section, except that
 when the criminal case is disposed of, electronic records or portions of
 electronic records released to the public that reference a charge that
 would otherwise be entitled to erasure under this section shall be erased
 in accordance with the provisions of this section. Nothing in this section
 shall require the erasure of any information contained in the registry of
 protective orders established pursuant to section 51-5c. For the purposes
 of this subsection, "electronic record" means any police or court record
 or the record of any state's attorney or prosecuting attorney that is an
 electronic record, as defined in section 1-267, or a computer printout.
   [(h)] (i) For the purposes of this [section] chapter, "court records" shall
 not include a record or transcript of the proceedings made or prepared
 by an official court reporter, assistant court reporter or monitor.
    Sec. 3. (NEW) (Effective October 1, 2021) (a) The Department of
 Emergency Services and Public Protection, in consultation with the
 Judicial Branch and the Criminal Justice Information System Governing
 Board established pursuant to section 54-142q of the general statutes,
 shall develop and implement automated processes for erasure pursuant
 to section 54-142a, of the general statutes.
    (b) The department shall make reasonable efforts to disseminate
 information, including posting information on its website, regarding
 records that are subject to erasure under the provisions of this section.
   (c) Nothing in this section shall be construed to require the
 destruction of paper records.
    Sec. 4. Section 54-142e of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2020):
   (a) Notwithstanding the provisions of subsection (e) of section 54-
 142a, as amended by this act, and section 54-142c, with respect to any
 person, including, but not limited to, a consumer reporting agency as
 defined in subsection (i) of section 31-51i, that purchases criminal
 matters of public record, as defined in said subsection (i), from [the
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 Judicial Department] any criminal justice agency pursuant to subsection
 (b) of section 54-142g, the department shall make available to such
 person information concerning such criminal matters of public record
 that have been erased pursuant to section 54-142a, as amended by this
 act. Such information may include docket numbers or other information
 that permits the person to identify and permanently delete records that
 have been erased pursuant to section 54-142a, as amended by this act.
    (b) Each person, including, but not limited to, a consumer reporting
 agency, that has purchased records of criminal matters of public record
 from [the Judicial Department] or any criminal justice agency shall,
 prior to disclosing such records, (1) purchase from [the Judicial
 Department] or any criminal justice agency, on a monthly basis or on
 such other schedule as [the Judicial Department] or any criminal justice
 agency may establish, any updated criminal matters of public record or
 information available for the purpose of complying with this section,
 and (2) update its records of criminal matters of public record to
 permanently delete such erased records. Such person shall not further
 disclose such erased records.
    Sec. 5. Subsection (c) of section 29-11 of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective July 1,
 2020):
    (c) (1) The Commissioner of Emergency Services and Public
 Protection shall charge the following fees for the service indicated: [(1)]
 (A) Name search, thirty-six dollars; [(2)] (B) fingerprint search, seventy-
 five dollars; [(3)] (C) personal record search, seventy-five dollars; [(4)]
 (D) letters of good conduct search, seventy-five dollars; [(5)] (E) bar
 association search, seventy-five dollars; [(6)] (F) fingerprinting, fifteen
 dollars; [(7)] (G) criminal history record information search, seventy-five
 dollars. Except as provided in subsection (b) of this section, the
 provisions of this subsection shall not apply to any federal, state or
 municipal agency.
   (2) The commissio