House Bill No. 5505, reported by the Committee on Judiciary, introduces changes to the use of affirmative defenses such as self-defense, defense of a third person, and assisting in or effecting an arrest. The bill, effective from October 1, 2024, allows defendants to request a pre-trial hearing to dismiss charges if they claim an affirmative defense based on the justified use of physical force. The judge is required to hear the motion within 45 days and must dismiss the case or charge if the defendant proves by a preponderance of the evidence that they qualify for the defense. This is an insertion into the current law. The bill also modifies the factors that the Court Support Services Division (CSSD) and judges must consider when establishing release criteria for arrestees and determining conditions of release, including the consideration of any affirmative defense available to the defendant. This change involves both the insertion of new language and the deletion of the word "and" before the addition of the new factor in the list. The bill also repeals and substitutes language in subsection (b) of sections 54-63b and 54-64a of the general statutes.
Furthermore, HB5505 requires that release conditions for defendants be the least restrictive necessary to ensure court appearance and public safety, with an added insertion that courts must consider any affirmative defense available to the defendant. The bill also elaborates on the justified use of force in self-defense, defense of others, and by private individuals assisting in arrests or preventing escapes. It specifies when deadly force is permissible and the circumstances where it is not, such as when safe retreat is possible. The bill received a Joint Favorable report from the Judiciary Committee with a unanimous vote on March 28, 2024, and does not anticipate a fiscal impact to the state or municipalities.