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General Assembly

 

Substitute Bill No. 6750

    January Session, 2015

 

*_____HB06750JUD___042815____*

AN ACT CONCERNING THE REQUIREMENT FOR DISCLOSURE OF ARREST RECORDS UNDER THE FREEDOM OF INFORMATION ACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 1-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) Notwithstanding any provision of the general statutes, [to the contrary,] and except as otherwise provided in this section, any record of the arrest of any person, other than a juvenile, except a record erased pursuant to chapter 961a, shall be a public record from the time of such arrest and shall be disclosed in accordance with the provisions of section 1-212 and subsection (a) of section 1-210, except that disclosure of data or information other than that set forth in subdivision (1) of subsection (b) of this section shall be subject to [the provisions of subdivision (3) of subsection (b) of section 1-210] any applicable exemption for disclosure contained in any provision of the general statutes. Any personal possessions or effects found on a person at the time of such person's arrest shall not be disclosed unless such possessions or effects are relevant to the crime for which such person was arrested.

(b) For the purposes of this section, "record of the arrest" means (1) the name and address of the person arrested, the date, time and place of the arrest and the offense for which the person was arrested, and (2) [at least one of the following, designated by the law enforcement agency: The arrest report, incident report, news release or other similar report of the arrest of a person] (A) in a case in which the arrest has been made by warrant, the arrest warrant application, unless the judicial authority has ordered that the supporting affidavits contained in such application be sealed from public inspection or that disclosure is limited, or (B) in a case in which the arrest has been made without a warrant, a report setting forth a summary of the circumstances that led to the arrest of the person and the information that gave rise to probable cause to arrest.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2015

1-215

JUD

Joint Favorable Subst.