Bill Summary – FastDemocracy

General Assembly                     Raised Bill No. 455
       February Session, 2020              LCO No. 2825
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING COURT PROCEEDINGS INVOLVING FAMILY
 VIOLENCE CRIMES.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 51-27h of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective July 1, 2020):
      The Chief Court Administrator shall provide in each court where
   family matters or family violence matters are heard or where a domestic
   violence docket, as defined in section 51-181e, is located a secure room
   for victims of family violence crimes and advocates for victims of family
   violence crimes which is separate from any public or private area of the
   court intended to accommodate the respondent or defendant or the
   respondent's or defendant's family, friends, attorneys or witnesses and
   separate from the office of the state's attorney. [, provided such a room
   is available and the use of such room is practical.]
      Sec. 2. Section 51-27i of the general statutes is repealed and the
   following is substituted in lieu thereof (Effective July 1, 2020):
      (a) As used in this section:
 LCO No. 2825                                                             1 of 8
                                                         Raised Bill No.   455
    (1) "Domestic violence agency" means any office, shelter, host home
 or agency offering assistance to victims of domestic violence through
 crisis intervention, emergency shelter referral and medical and legal
 advocacy, and which meets the Department of Social Services' criteria
 of service provision for such agencies.
    (2) "Family violence victim advocate" means a person (A) who is
 employed by and under the control of a direct service supervisor of a
 domestic violence agency, (B) who has undergone a minimum of twenty
 hours of training which shall include, but not be limited to, the
 dynamics of domestic violence, crisis intervention, communication
 skills, working with diverse populations, an overview of the state
 criminal justice and civil family court systems and information about
 state and community resources for victims of domestic violence, (C)
 who is certified as a counselor by the domestic violence agency that
 provided such training, and (D) whose primary purpose is the
 rendering of advice, counsel and assistance to, and the advocacy of the
 cause of, victims of domestic violence.
    (b) The Chief Court Administrator shall permit one or more family
 violence victim advocates to provide services to victims of domestic
 violence in (1) the Family Division of the Superior Court in [one or more
 judicial districts] each judicial district, and (2) each geographical area
 court location in the state.
    (c) A family violence victim advocate providing services in the
 Family Division of the Superior Court or a geographical area court shall
 be permitted to stand next to a victim of domestic violence when the
 victim is addressing or being addressed by a judge of the Superior
 Court, provided such victim advocate shall not speak on behalf of the
 victim.
    (d) Notwithstanding any provision of the general statutes, upon
 request, a victim advocate providing services in the Family Division of
 the Superior Court or a geographical area court shall be provided with
 a copy of any police report in the possession of the state's attorney, the
     LCO No. 2825                                                            2 of 8
                                                          Raised Bill No.   455
 Division of State Police within the Department of Emergency Services
 and Public Protection, any municipal police department or any other
 law enforcement agency that the victim advocate requires to perform
 the responsibilities and duties set forth in subsection (a) of this section.
    Sec. 3. Subdivision (3) of section 46b-38a of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective July 1,
 2020):
    (3) "Family violence crime" means a crime as defined in section 53a-
 24, other than a delinquent act, as defined in section 46b-120, which, in
 addition to its other elements, contains as an element thereof an act of
 family violence to a family or household member. "Family violence
 crime" includes any violation of section 53a-222, 53a-222a, 53a-223, 53a-
 223a or 53a-223b when the condition of release or court order is issued
 for an act of family violence or a family violence crime. "Family violence
 crime" does not include acts by parents or guardians disciplining minor
 children unless such acts constitute abuse.
    Sec. 4. Section 54-64a of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
    (a) (1) Except as provided in subdivision (2) of this subsection and
 subsection (b) of this section, when any arrested person is presented
 before the Superior Court, said court shall, in bailable offenses,
 promptly order the release of such person upon the first of the following
 conditions of release found sufficient to reasonably ensure the
 appearance of the arrested person in court: (A) Upon execution of a
 written promise to appear without special conditions, (B) upon
 execution of a written promise to appear with nonfinancial conditions,
 (C) upon execution of a bond without surety in no greater amount than
 necessary, (D) upon execution of a bond with surety in no greater
 amount than necessary, but in no event shall a judge prohibit a bond
 from being posted by surety. In addition to or in conjunction with any
 of the conditions enumerated in subparagraphs (A) to (D), inclusive, of
 this subdivision the court may, when it has reason to believe that the
     LCO No. 2825                                                             3 of 8
                                                             Raised Bill No.   455
 person is drug-dependent and where necessary, reasonable and
 appropriate, order the person to submit to a urinalysis drug test and to
 participate in a program of periodic drug testing and treatment. The
 results of any such drug test shall not be admissible in any criminal
 proceeding concerning such person.
    (2) If the arrested person is charged with no offense other than a
 misdemeanor, the court shall not impose financial conditions of release
 on the person unless (A) the person is charged with a family violence
 crime, as defined in section 46b-38a, as amended by this act, or (B) the
 person is charged with a violation of section 53a-222a when the
 condition of release is issued for a family violence crime, as defined in
 section 46b-38a, as amended by this act, or (C) the person requests such
 financial conditions, or [(C)] (D) the court makes a finding on the record
 that there is a likely risk that (i) the arrested person will fail to appear in
 court, as required, or (ii) the arrested person will obstruct or attempt to
 obstruct justice, or threaten, injure or intimidate or attempt to threaten,
 injure or intimidate a prospective witness or juror, or (iii) the arrested
 person will engage in conduct that threatens the safety of himself or
 herself or another person. In making a finding described in this
 subsection, the court may consider past criminal history, including any
 prior record of failing to appear as required in court that resulted in any
 conviction for a violation of section 53a-172 or any conviction during the
 previous ten years for a violation of section 53a-173 and any other
 pending criminal cases of the person charged with a misdemeanor.
    (3) The court may, in determining what conditions of release will
 reasonably ensure the appearance of the arrested person in court,
 consider the following factors: (A) The nature and circumstances of the
 offense, (B) such person's record of previous convictions, (C) such
 person's past record of appearance in court, (D) such person's family
 ties, (E) such person's employment record, (F) such person's financial
 resources, character and mental condition, [and] (G) such person's
 community ties, and (H) in cases of a violation of section 53a-222a, when
 the condition of release is issued for a family violence crime, as defined
 in section 46b-38a, as amended by this act, the heightened risk posed to
      LCO No. 2825                                                                4 of 8
                                                            Raised Bill No.   455
 a victim of family violence by a violation of a condition of release.
    (b) (1) When any arrested person charged with the commission of a
 class A felony, a class B felony, except a violation of section 53a-86 or
 53a-122, a class C felony, except a violation of section 53a-87, 53a-152,
 [or] 53a-153, 53a-222, 53a-223, 53a-223a or 53a-223b when the condition
 of release or court order is issued for an act of family violence or a family
 violence crime, as defined in section 46b-38a, as amended by this act, or
 a class D felony under sections 53a-60 to 53a-60c, inclusive, section 53a-
 72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136, [or] 53a-216, 53a-222,
 53a-222a, 53a-223, 53a-223a or 53a-223b when the condition of release or
 court order is issued for an act of family violence or a family violence
 crime, as defined in section 46b-38a, as amended by this act, or a family
 violence crime, as defined in section 46b-38a, as amended by this act, is
 presented before the Superior Court, said court shall, in bailable
 offenses, promptly order the release of such person upon the first of the
 following conditions of release found sufficient to reasonably ensure the
 appearance of the arrested person in court and that the safety of any
 other person will not be endangered: (A) Upon such person's execution
 of a written promise to appear without special conditions, (B) upon such
 person's execution of a written promise to appear with nonfinancial
 conditions, (C) upon such person's execution of a bond without surety
 in no greater amount than necessary, (D) upon such person's execution
 of a bond with surety in no greater amount than necessary, but in no
 event shall a judge prohibit a bond from being posted by surety. In
 addition to or in conjunction with any of the conditions enumerated in
 subparagraphs (A) to (D), inclusive, of this subdivision, the court may,
 when it has reason to believe that the person is drug-dependent and
 where necessary, reasonable and appropriate, order the person to
 submit to a urinalysis drug test and to participate in a program of
 periodic drug testing and treatment. The results of any such drug test
 shall not be admissible in any criminal proceeding concerning such
 person.
    (2) The court may, in determining what conditions of release will
 reasonably ensure the appearance of the arrested person in court and
      LCO No. 2825                                                              5 of 8
                                                          Raised Bill No.   455
 that the safety of any other person will not be endangered, consider the
 following factors: (A) The nature and circumstances of the offense, (B)
 such person's record of previous convictions, (C) such person's past
 record of appearance in court after being admitted to bail, (D) such
 person's family ties, (E) such person's employment record, (F) such
 person's financial resources, character and mental condition, (G) such
 person's community ties, (H) the number and seriousness of charges
 pending against the arrested person, (I) the weight of the evidence
 against the arrested person, (J) the arrested person's history of violence,
 (K) whether the arrested person has previously been convicted of
 similar offenses while released on bond, [and] (L) the likelihood based
 upon the expressed intention of the arrested person that such person
 will commit another crime while released, and (M) in cases of a violation
 of section 53a-222, 53a-222a, 53a-223, 53a-223a or 53a-223b, when the
 condition of release is issued for a family violence crime, as defined in
 section 46b-38a, as amended by this act, the heightened risk posed to a
 victim of family violence by a violation of a condition of release or court
 orders of protection.
    (3) When imposing conditions of release under this subsection, the
 court shall state for the record any factors under subdivision (2) of this
 subsection that it considered and the findings that it made as to the
 danger, if any, that the arrested person might pose to the safety of any
 other person upon the arrested person's release that caused the court to
 impose the specific conditions of release that it imposed.
    (c) If the court determines that a nonfinancial condition of release
 should be imposed pursuant to subparagraph (B) of subdivision (1) of
 subsection (a) or (b) of this section, the court shall order the pretrial
 release of the person subject to the least restrictive condition or
 combination of conditions that the court determines will reasonably
 ensure the appearance of the arrested person in court and, with respect
 to the release of the person pursuant to subsection (b) of this section,
 that the safety of any other person will not be endangered, which
 conditions may include an order that the arrested person do one or more
 of the following: (1) Remain under the supervision of a designated
      LCO No. 2825                                                            6 of 8
                                                           Raised Bill No.   455
 person or organization; (2) comply with specified restrictions on such
 person's travel, association or place of abode; (3) not engage in specified
 activities, including the use or possession of a dangerous weapon, an
 intoxicant or a controlled substance; (4) provide sureties of the peace
 pursuant to section 54-56f under supervision of a designated bail
 commissioner or intake, assessment and referral specialist employed by
 the Judicial Branch; (5) avoid all contact with an alleged victim of the
 crime and with a potential witness who may testify concerning the
 offense; (6) maintain employment or, if unemployed, actively seek
 employment; (7) maintain or commence an educational program; (8) be
 subject to electronic monitoring; or (9) satisfy any other condition that is
 reasonably necessary to ensure the appearance of the person in court
 and that the safety of any other person will not be endangered. The court
 shall state on the record its reasons for imposing any such nonfinancial
 condition.
    (d) If the arrested person is not released, the court shall order him
 committed to the custody of the Commissioner of Correction until he is
 released or discharged in due course of law.
    (e) The court may require that the person subject to electronic
 monitoring pursuant to subsection (c) of this section pay directly to the
 electronic monitoring service provider a fee for the cost of such
 electronic monitoring services. If the court finds that the person subject
 to electronic monitoring is indigent and unable to pay the costs of
 electronic monitoring services, the court shall waive such costs. Any
 contract entered into by the Judicial Branch and the electronic
 monitoring service provider shall include a provision stating that the
 total cost for electronic monitoring services shall not exceed five dollars
 per day. Such amount shall be indexed annually to reflect the rate of
 inflation.
       This act shall take effect as follows and shall amend the following
       sections:
       Section 1     July 1, 2020                 51-27h
       Sec. 2        July 1, 2020                 51-27i
      LCO No. 2825                                                             7 of 8
                                                                         Raised Bill No.        455
 Sec. 3              July 1, 2020                            46b-38a(3)
 Sec. 4              July 1, 2020                            54-64a
Statement of Purpose:
To revise court processes and procedures involving family violence
crimes.
[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.]
LCO No. 2825                                                                                        8 of 8
Statutes affected: 
Raised Bill: 51-27h, 51-27i, 54-64a