OLR Bill Analysis

HB 5148

AN ACT CONCERNING COMMUNICATIONS TO VICTIMS OF THE CRIMINAL OPERATION OF A MOTOR VEHICLE THAT RESULTS IN DEATH OR SERIOUS PHYSICAL INJURY.

SUMMARY:

This bill makes certain pre-sentencing statements or other conduct by someone convicted of a motor vehicle offense that resulted in another's death or serious physical injury inadmissible as an admission of liability or an admission against interest in a civil or criminal proceeding. The bill applies to statements, affirmations, gestures, or expressions of apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence, made to the victim or the victim's relative or representative.

The bill applies only to such statements or conduct made (1) after conviction but before sentencing and (2) before the court in a courtroom closed to the public, at a time the court sets.

“Serious physical injury” means physical injury that creates a substantial risk of death or causes serious (1) disfigurement, (2) impairment of health, or (3) loss or impairment of an organ's function.

EFFECTIVE DATE: October 1, 2012

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

42

Nay

0

(03/21/2012)