June 26, 2006 |
2006-R-0415 | |
JUDICIARY COMMITTEE MAJOR ACTS - 2006 | ||
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By: Christopher Reinhart, Senior Attorney | ||
You asked for a summary of Judiciary Committee major public acts for 2006.
SUMMARY
Major public acts originating with the Judiciary Committee enacted during the 2006 legislative session include legislation that:
1. expands the scope of sexual assault crimes;
2. enhances criminal and civil penalties for trafficking in persons (coercing others to perform labor or engage in prostitution);
3. increases crime victims' rights by requiring certain convicted criminals to get a court's permission to issue a subpoena summoning their crime victim to appear and testify at a court hearing or deposition in any civil matter, including a habeas corpus proceeding;
4. makes it illegal for (a) someone who possesses or controls private property to knowingly permit a minor to illegally possess alcohol on the property or fail to make reasonable efforts to stop the minor from possessing alcohol when he knows the minor possesses alcohol illegally and (b) a minor to possess alcohol anywhere, rather than only in public places;
5. creates a Connecticut Sentencing Task Force to review the state's criminal justice and sentencing policies and laws to create a more just, effective, and efficient system of sentencing;
6. prohibits judicial, executive, and legislative bodies with the power to issue subpoenas from compelling the news media to testify about, produce, or disclose certain information;
7. (a) applies the same criminal penalties to operating a snowmobile or an all-terrain vehicle (ATV) while under the influence of alcohol or drugs that apply to operating a motor vehicle and (b) expands the offense of operating a motor vehicle under the influence to include operating on private property including the operator's property;
8. prohibits someone from advertising or conducting a live musical performance or production in Connecticut using a false, deceptive, or misleading association between a performing group and a recording group;
9. requires a divorced parent who relocates or plans to relocate with a child to prove that the relocation is in the child's best interest; and
10. makes confidentiality provisions in termination, suspension, and separation agreements between a public agency and an employee or personal services contractor subject to disclosure under the Freedom of Information Act.
Below is a brief summary of these acts.
At the end, we also summarize a few provisions contained in one of the budget implementation acts (PA 06-187) that originated as Judiciary Committee bills or topics. These include (1) requiring a public agency seeking to acquire property by eminent domain to make a reasonable effort to negotiate with the property owner to buy the property before starting an eminent domain action, (2) creating a juvenile jurisdiction planning and implementation team, (3) creating an Office of Ombudsman for Property Rights, (4) authorizing the Board of Pardons and Paroles to issue provisional pardons, and (5) changing the sex offender registration laws.
CRIME VICTIMS
PA 06-100, “An Act Concerning Crime Victims”
This act requires certain convicted criminals to get a court's permission to issue a subpoena summoning their crime victim to appear and testify at a court hearing or deposition in any civil matter, including a habeas corpus proceeding.
It gives the Office of Victim Services (OVS) the authority to (1) waive the time limit for crime victims to apply for crime victim compensation and (2) award compensation amounts in excess of the statutory maximum. It prohibits OVS from denying compensation to a sexual assault victim who fails to report the crime to the police within the statutory time period.
The act requires the chief state's attorney, in consultation with the chief court administrator, to develop a plan for establishing and implementing a statewide automated victim information and notification system.
Lastly, the act requires the State Marshal Commission to maintain a list of participants in the Address Confidentiality Program.
EFFECTIVE DATE: Upon passage, except for the provisions on OVS, which are effective on October 1, 2006.
CRIMINAL JUSTICE SYSTEM STUDIES
PA 06-193, “An Act Concerning Criminal Justice Policy and Planning and the Establishment of a Sentencing Task Force”
This act creates a Connecticut Sentencing Task Force to review the state's criminal justice and sentencing policies and laws to create a more just, effective, and efficient system of sentencing.
It changes the responsibilities and reporting requirements of the Criminal Justice Policy and Planning Division within the Office of Policy and Management (OPM), including transferring to the division responsibility for developing and implementing the reentry strategy for offenders returning to the community. It also changes the content requirements for the reentry strategy.
The act renames the Commission on Prison and Jail Overcrowding the Criminal Justice Policy and Advisory Commission, adds four members to the commission, and requires it to advise and assist the division.
EFFECTIVE DATE: July 1, 2006
DIVORCE
PA 06-168, “An Act Concerning the Relocation of Parents Having Custody of Minor Children”
This act requires a divorced parent who relocates or plans to relocate with a child to prove that the relocation is in the child's best interest. Prior binding case law placed the burden on the parent objecting to the move. It also codifies a nonexclusive list of factors family courts must consider when the non-relocating parent seeks to block the move due to its significant impact on an existing parenting plan (i. e. , a court-approved custody and visitation schedule). These considerations are already required by a Connecticut Supreme Court ruling.
EFFECTIVE DATE: October 1, 2006
JUDICIAL BRANCH AND CRIMINAL JUSTICE DIVISION
PA 06-152, “An Act Concerning Court Operations”
This act makes numerous changes in the laws relating to the operation of the courts and Criminal Justice Commission.
The act requires the Judicial Branch to develop and implement a plan pursuant to federal law that commits it to a program of equal employment opportunities in all aspects of personnel and administration. It makes the chief court administrator responsible for developing, implementing, and filing the plan with the Commission on Human Rights and Opportunities (CHRO). It eliminates the requirement that the branch submit a report to the General Assembly each year.
The act specifies that the Criminal Justice Commission must develop and implement affirmative action plans adopted pursuant to CHRO affirmative action and nondiscrimination regulations. CHRO can disapprove the commission's affirmative action plan and prevent it from filling a position or position classification by hiring or promotion until CHRO approves its plan.
It requires the Judicial Branch and Criminal Justice Commission to comply with certain anti-discrimination laws.
The act establishes rules that the Supreme Court chief justice must follow when he summons Superior Court judges or senior justices or judges to hear Supreme Court cases. It also eliminates the authority of senior Supreme Court justices to participate in Supreme Court meetings.
The act makes a number of other changes to court operations.
EFFECTIVE DATE: October 1, 2006, except for the provisions (1) dealing with court clerks, which become effective July 1, 2006, and (2) dealing with the chief court administrator, affirmative action plan and discrimination, the Supreme Court, and arraignment, which become effective upon passage.
MUSIC ADVERTISING
PA 06-16, “An Act Concerning Truth in Music Advertising”
This act prohibits someone from advertising or conducting a live musical performance or production in Connecticut using a false, deceptive, or misleading association between a performing group and a recording group. The prohibition does not apply when:
1. the performing group owns the federal service mark registered with the U. S. Patent and Trademark Office,
2. at least one member of the performing group was a member of the recording group and has a legal right by use or operation under the group name without having abandoned it or affiliation with the group,
3. the live musical performance or production is identified in all advertising and promotion as a salute or tribute,
4. the advertising is not for a live musical performance or production in Connecticut, or
5. the recording group expressly authorizes the performance or production.
The act authorizes the attorney general to seek a temporary or permanent injunction to stop advertisements, performances, or productions if he believes (1) a person is or is about to advertise or conduct a live musical performance or production that violates the act's provisions and (2) it is in the public interest. If the court issues a permanent injunction against someone, it can direct him, under terms and conditions it sets, to restore money or property acquired by violating the act's provisions to any interested person.
In addition, the act also subjects violators to a civil penalty of between $ 5,000 and $ 15,000 per violation, and each performance or production is a separate violation.
EFFECTIVE DATE: July 1, 2006
NEWS MEDIA—PROTECTIONS FROM SUBPOENAS
PA 06-140, “An Act Concerning Freedom of the Press”
With some exceptions, this act prohibits judicial, executive, and legislative bodies with the power to issue subpoenas or compulsory process from compelling the news media to testify about, produce, or disclose (1) information obtained or received, whether in confidence or not, in gathering, receiving, or processing information for potential communication to the public; (2) the identity of the information's source; or (3) information tending to identify the source.
The exception is for information (1) necessary to a pending criminal investigation or prosecution or a civil action; (2) not otherwise available; and (3) of interest to the public.
The act also provides that it cannot be construed to deny or infringe an accused's U. S. and state constitutional rights, in a criminal prosecution, to use subpoenas to obtain witnesses in his behalf.
The act makes information and the identity of a source obtained in violation of the act inadmissible in any action, proceeding, or hearing before a judicial, executive, or legislative body.
The act also requires any person or entity seeking information that is not protected from disclosure to pay the news media's actual copying costs in providing the information and prohibits using subpoenas to avoid paying.
EFFECTIVE DATE: October 1, 2006
OPERATING UNDER THE INFLUENCE AND DRAG RACING
PA 06-147, “An Act Concerning the Operation of Snowmobiles, All-Terrain Vehicles and Other Motor Vehicles While Under the Influence of Intoxicating Liquor or Any Drug”
This act (1) applies the same criminal penalties to operating a snowmobile or an all-terrain vehicle (ATV) while under the influence of
alcohol or drugs that apply to operating a motor vehicle and (2) expands the offense of operating a motor vehicle under the influence to include operating on private property including the operator's property.
By law, it is illegal for anyone to operate a snowmobile or an ATV while he (1) is under the influence of intoxicating liquor, any drug, or both or (2) has a blood alcohol content (BAC) of . 08% or more of alcohol, by weight. Under prior law, the penalty was a fine of up to $ 250. The act, instead, applies the same criminal penalties, including mandatory suspension or revocation of a license to operate a motor vehicle, to these violators as apply to driving a motor vehicle under the influence. The prohibition and penalties apply irrespective of where the violation occurs.
The act also expands the scope of the motor vehicle driving under the influence law (DUI) by applying it to operating a motor vehicle (which under the act also includes snowmobiles and ATVs) anywhere instead of just on a public highway or road, any private road on which the state traffic commission has established a speed limit, in any parking area with 10 or more cars, or on any school property. Thus, for example it would apply to the operator's driveway, yard, or other private property, or to private roadways through a condominium development.
The act makes driving under the influence in a motor vehicle interchangeable with operating a snowmobile or ATV under the influence. Thus, (1) a DUI conviction for operating a snowmobile or an ATV that occurs after the act's effective date apparently counts as a prior conviction for purposes of determining the penalty for someone subsequently convicted of operating a motor vehicle under the influence; and (2) a DUI conviction for operating a motor vehicle that occurred before or after the act's effective date apparently counts as a prior conviction for purposes of determining the penalty for operating a snowmobile or an ATV under the influence.
A snowmobile is any self-propelled vehicle designed for travel on snow or ice, except vehicles propelled by sail. An ATV is a self-propelled vehicle designed to travel over unimproved terrain that the motor vehicles commissioner has determined is unsuitable for operation on the public highways and thus not eligible for registration as a motor vehicle. By law an operator's license is not required to operate a snow mobile or ATV, except to cross a public highway.
EFFECTIVE DATE: October 1, 2006
PA 06-173, “An Act Concerning Blood or Breath Tests of Surviving Operators Involved in Motor Vehicle Accidents and Prohibiting Persons Facilitating Illegal Street Racing”
This act broadens the circumstances in which a surviving driver of a car accident involving serious physical injury or death must give a blood or breath sample. The act requires the driver to give a sample if the police (1) charge him with a motor vehicle violation regarding the accident and (2) have a reasonable articulable suspicion that he was driving while under the influence of liquor or drugs. The law, unchanged by the act, also allows the police to require a test from a surviving driver if the officer has probable cause to believe that the driver was driving under the influence.
The law prohibits driving a motor vehicle on a public highway for purposes of betting, racing, or making a speed record. The act additionally prohibits (1) possessing a motor vehicle under circumstances showing an intent to use it in one of these prohibited races or events; (2) acting as a starter, timekeeper, judge, or spectator at such a race or event; or (3) betting on the race's or event's outcome. It subjects this conduct to the same penalties the law provides for driving in these races or events: (1) a first offense is punishable by up to one year in prison, a fine of $ 75 to $ 600, or both and (2) subsequent offenses are punishable by up to one year in prison, a fine of $ 100 to $ 1,000, or both.
EFFECTIVE DATE: October 1, 2006
PUBLIC AGENCY SEPARATION AGREEMENTS
PA 06-132, “An Act Concerning Public Agency Termination, Suspension or Separation Agreements”
This act makes confidentiality provisions in termination, suspension, and separation agreements between a public agency and an employee or personal services contractor subject to disclosure under the Freedom of Information Act. The act covers agreements that prohibit a public agency from disclosing the existence of the agreement or the cause or causes for a termination, suspension, or separation, as applicable, including alleged or substantiated sexual abuse, sexual harassment, sexual exploitation, or sexual assault by the employee or contractor. Public agencies covered under the act are all state and local government agencies, departments,
institutions, bureaus, boards, and commissions, including all executive, administrative, and legislative offices, and the administrative functions of the Judicial Branch and the Division of Criminal Justice.
EFFECTIVE DATE: October 1, 2006
REARREST WARRANTS
PA 06-99, “An Act Concerning Notification of the Issuance of Rearrest Warrants”
This act requires the Criminal Justice Policy and Planning Division to notify each municipal chief elected official of the number of people living in the municipality with outstanding rearrest and arrest warrants for probation violations. The division must send the notice by the 15th day of each month beginning on the first month after OPM gains access to the warrant data.
The act requires local law enforcement agencies to note any actions they take to execute such a warrant and apprehend the accused person living in their community in any paperless rearrest warrant network that is available and accessible. They must enter the notation within 30 days after a rearrest or arrest warrant for a probation violation is entered into the network.
EFFECTIVE DATE: October 1, 2006
SEXUAL ASSAULT CRIMES
PA 06-11, “An Act Concerning Sexual Assault”
This act expands the activities that constitute third- and fourth-degree sexual assault. It accomplishes this by making someone guilty of these crimes if all other elements of the crimes are met and the actor engages in or causes or forces another to submit to sexual contact by emitting any substance from his genital area or anus.
By law, third-degree sexual assault is a class D felony or, if the victim is under age 16, a class C felony. Fourth-degree sexual assault is a class A misdemeanor or, if the victim is under age 16, a class D felony.
EFFECTIVE DATE: October 1, 2006
PA 06-107, “An Act Concerning Sexual Assault by Hypnotists”
This act makes it sexual assault for hypnotists to have sexual intercourse or contact with clients under the same circumstances that currently apply to others who perform or purport to perform psychotherapy.
This conduct is 2nd-degree sexual assault when it involves sexual intercourse:
1. with a client during a treatment session for a mental or emotional illness, symptom, or condition;
2. the hypnotist represents to be for legitimate treatment purposes; or
3. with a client or former client who is emotionally dependent on him.
By law, people convicted of this crime must comply with sex offender registration requirements for 10 years.
The act also makes it 4th-degree sexual assault to have sexual contact with a client or former client under the circumstances listed above.
EFFECTIVE DATE: October 1, 2006
TRAFFICKING IN PERSONS
PA 06-43, “An Act Concerning Trafficking in Persons”
This act enhances criminal and civil penalties for people who coerce others to perform labor or engage in prostitution (“traffic in persons”). It authorizes the state to prosecute traffickers under the racketeering statute when there is a pattern of such activity and to seize property related to the crime.
The act also adds members to the Interagency Task Force on Trafficking in Persons and expands its responsibilities. It appropriates funds for training, witness protection and victim services, and temporary shelter. (PA 06-187 repeals the appropriations. )
EFFECTIVE DATE: July 1, 2006, except the task force provisions, which are effective upon passage.
UNDERAGE DRINKING
PA 06-112, “An Act Concerning Underage Drinking”
This act makes it illegal for someone who possesses or controls private property, including a dwelling unit, to (1) knowingly permit a minor to illegally possess alcohol in the unit or on the property or (2) fail to make reasonable efforts to stop a minor from possessing alcohol in the unit or on the property when he knows the minor possesses alcohol illegally. The act makes a first offense an infraction and subsequent offenses subject to up to one year in prison, a fine of up to $ 500, or both.
The act makes it illegal for a minor to possess alcohol anywhere, rather than only in public places. Under prior law, the penalty for illegal possession in public places was a fine of $ 200 to $ 500. The act makes this the penalty for second and subsequent offenses of illegal possession, regardless of location, and makes a first offense an infraction.
Under prior law, the provisions on illegal possession by minors did not apply to a minor who possessed alcohol while accompanied by a parent, guardian, or spouse over age 21. The act specifies that it must be the minor's parent, guardian, or spouse.
The act also specifies that the prohibitions on illegal possession and those against selling, shipping, delivering, or giving alcohol to minors cannot be construed to burden a person's exercise of religion as protected by the state constitution.
EFFECTIVE DATE: October 1, 2006
BUDGET IMPLEMENTATION ACT (PA 06-187)
PA 06-187, “An Act Concerning General Budget and Revenue Implementation Provisions,” also contains a number of provisions that originated as Judiciary Committee bills or topics. These are described below.
Agency Negotiations as a Condition of Condemnation
The act requires a public agency seeking to acquire property by eminent domain to make a reasonable effort to negotiate with the property owner to buy the property before starting an eminent domain action.
The agency must also provide the property owner with (1) information about the services of the Office of Ombudsman for Property Rights, the act's mediation provisions, and the ombudsman's name, address, and phone number and (2) a written statement explaining that oral representations or promises during negotiations are not binding on the agency. This information must be on a form prescribed by the ombudsman and given to the owner as early as practicable in the negotiation process but at least 14 days before filing the eminent domain action (unless the court allows a shorter period for good cause).
The act's provisions apply to a broad range of public agencies including state and local agencies with the power to acquire property by eminent domain and entities authorized to use eminent domain on their behalf.
EFFECTIVE DATE: July 1, 2006
Juvenile Jurisdiction Planning and Implementation Team
The act creates a juvenile jurisdiction planning and implementation team. It must plan for the implementation of any changes needed to extend juvenile court jurisdiction over delinquency matters to 16- and 17-year-olds. Existing law limits delinquency jurisdiction to youth age 15 and under.
The team must submit a report to the Appropriations and Judiciary committees by February 1, 2007 containing (1) its findings and (2) recommendations for appropriate legislation.
EFFECTIVE DATE: July 1, 2006
Office of Ombudsman for Property Rights
The act creates an Office of Ombudsman for Property Rights to:
1. develop expertise in the law regarding taking private property;
2. assist public agencies in applying eminent domain law and analyzing actions with potential eminent domain implications, on request;
3. assist property owners, on request, concerning eminent domain procedures;
4. identify government actions with potential eminent domain implications and advise agencies, as appropriate;
5. inform the public about eminent domain laws and their rights;
6. mediate disputes between private property owners and public agencies concerning eminent domain or relocation assistance and hire an independent real estate appraiser to assist in mediation, within available appropriations; and
7. recommend changes in eminent domain laws to the legislature.
The office is within OPM for administrative purposes only.
The act requires public agencies to (1) comply with the office's reasonable requests for information and assistance and (2) participate in mediation if requested to do so by the office.
The act's provisions apply to a broad range of public agencies including state and local agencies with the power to acquire property by eminent domain and entities authorized to use eminent domain on their behalf.
EFFECTIVE DATE: July 1, 2006
Provisional Pardons
The act authorizes the Board of Pardons and Paroles to issue provisional pardons to relieve an offender of certain barriers or forfeitures to obtaining employment or an occupational license due to the conviction of crimes named in the provisional pardon. Anytime after sentencing, the board can issue a provisional pardon to a person who applies for one or who is under the board's jurisdiction if (1) the person was convicted of a crime in Connecticut or another jurisdiction and resides in the state and (2) the relief in the provisional pardon may promote the public policy of rehabilitating ex-offenders through employment and is consistent with the public's interest in safety and protecting property.
The act prohibits employers from denying employment to a prospective employee or discharging or discriminating against an employee solely on the basis of a conviction that occurred before his employment for which the person received a provisional pardon. By law, these prohibitions already apply to prior arrests, criminal charges, or legally erased records of convictions (for delinquencies, families with
service needs, youthful offenders, criminal charges that were dismissed or nolled, criminal charges resulting in not guilty verdicts, and pardoned convictions).
EFFECTIVE DATE: October 1, 2006
Sex Offenders
The act reduces, from life to 10 years, the mandatory registration period for violators of several statutory rape offenses. It requires additional offenders to register for 10 years by including them in the definition of “nonviolent offender. ” It corrects a disparity in registration terms for offenders released before and after October 1, 1998 (the date the current registration law took effect).
It establishes a Risk Assessment Board and requires it to develop a scale using various factors to determine a sex offender's likelihood of reoffending. It requires an annual report on registrants' supervision.
The act requires the court to give the Department of Public Safety (DPS) a written summary whenever someone is convicted or found not guilty by reason of mental defect or disease of a sex crime that requires registration. The summary must include a specific description of each offense and the age and sex of the crime victim. DPS must add the summary to the sex offender registry information available to the public on the Internet.
It adds activities that trigger a registrant's obligation to update his registry information and requires the Department of Correction commissioner to ensure that sex offenders in her custody are registered before she releases them. It changes the timeframe for out-of-state offenders to register and for reporting changes to reported information. It requires DPS to establish a protocol for notifying state agencies and local police of such changes.
The act specifies that courts may order criminal defendants on probation or conditional discharge to submit to monitoring by a global positioning system.
EFFECTIVE DATE: July 1, 2006, but PA 06-196 changes the effective date to (1) July 1, 2007, for the requirement that courts give DPS a written summary when someone is convicted or found not guilty by
reason of mental defect or disease of a sex crime that requires registration and (2) October 1, 2006, for the provisions on reporting and registration requirements, nonviolent sexual offense classifications, photographs and notification protocol, and probation and conditional discharge.
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