Substitute House Bill No. 5698
          Substitute House Bill No. 5698

              PUBLIC ACT NO. 98-126


AN ACT CONCERNING  EMPLOYEES  OF THE DEPARTMENT OF
CORRECTION.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1. Section  53a-54b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    A person is  guilty of a capital felony who is
convicted of any of the following: (1) Murder of a
member of the  Division of State Police within the
Department of Public Safety or of any local police
department, a chief  inspector or inspector in the
Division of Criminal  Justice, a sheriff or deputy
sheriff, a constable  who  performs  criminal  law
enforcement duties, a  special policeman appointed
under  section  29-18,   [an   official   of   the
Department  of  Correction   authorized   by   the
Commissioner of Correction  to  make  arrests in a
correctional institution or  facility] AN EMPLOYEE
OF  THE  DEPARTMENT  OF  CORRECTION  OR  A  PERSON
PROVIDING SERVICES ON  BEHALF  OF  SAID DEPARTMENT
WHEN SUCH EMPLOYEE  OR PERSON IS ACTING WITHIN THE
SCOPE  OF  HIS   EMPLOYMENT   OR   DUTIES   IN   A
CORRECTIONAL INSTITUTION OR FACILITY AND THE ACTOR
IS CONFINED IN  SUCH  INSTITUTION  OR FACILITY, or
any fireman, while  such  victim was acting within
the scope of his duties; (2) murder committed by a
defendant who is  hired  to  commit  the  same for
pecuniary gain or  murder  committed by one who is
hired by the  defendant  to  commit  the  same for
pecuniary gain; (3)  murder  committed  by one who
has  previously  been   convicted  of  intentional
murder or of  murder  committed  in  the course of
commission of a  felony;  (4)  murder committed by
one who was,  at  the  time  of  commission of the
murder, under sentence  of  life imprisonment; (5)
murder by a kidnapper of a kidnapped person during
the course of the kidnapping or before such person
is able to  return  or  be returned to safety; (6)
the illegal sale,  for  economic gain, of cocaine,
heroin or methadone  to  a  person  who  dies as a
direct result of  the  use by him of such cocaine,
heroin or methadone;  (7)  murder committed in the
course of the  commission of sexual assault in the
first degree; (8) murder of two or more persons at
the  same time  or  in  the  course  of  a  single
transaction;  or (9)  murder  of  a  person  under
sixteen years of age.
    Sec. 2. Section 31-51g of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)  For  the   purposes   of   this   section
"polygraph"  means any  mechanical  or  electrical
instrument or device of any type used or allegedly
used to examine,  test or question individuals for
the purpose of determining truthfulness.
    (b)   (1)  No   person,   firm,   corporation,
association  or  the   state   or   any  political
subdivision thereof shall  request  or require any
prospective employee or any employee to submit to,
or take, a polygraph examination as a condition of
obtaining employment or  of  continuing employment
with such employer or dismiss or discipline in any
manner  an  employee   for  failing,  refusing  or
declining  to  submit   to  or  take  a  polygraph
examination. (2) No  employment agency, as defined
in section 31-129,  and  no  agent for an employer
shall require any  person to submit to, or take, a
polygraph examination for any purposes whatsoever.
    (c)   Any   person,   firm,   corporation   or
association which violates  any  provision of this
section shall be  fined  not less than two hundred
fifty dollars nor  more  than one thousand dollars
for each violation.
    (d) The provisions  of  this section shall not
apply to persons  to  be employed (1) by the state
or  any  local   government   or   any   political
subdivision  thereof  in   any  police  department
except   for   civilian   employees   within   the
department OR (2) BY THE DEPARTMENT OF CORRECTION,
but shall apply  with  respect  to  obtaining  and
maintaining employment of  other  persons  by  the
state  or  any   local   government  or  political
subdivision thereof.

Approved May 27, 1998