Connecticut Seal

General Assembly

Amendment

 

January Session, 2015

LCO No. 8195

   
 

*HB0705008195HDO*

Offered by:

 

REP. TONG, 147th Dist.

SEN. COLEMAN, 2nd Dist.

REP. REBIMBAS, 70th Dist.

SEN. KISSEL, 7th Dist.

REP. PORTER, 94th Dist.

REP. WALKER, 93rd Dist.

REP. LABRIOLA, 131st Dist.

REP. MILLER P. , 145th Dist.

REP. MCCRORY, 7th Dist.

SEN. WINFIELD, 10th Dist.

SEN. GOMES, 23rd Dist.

SEN. MOORE, 22nd Dist.

SEN. FASANO, 34th Dist.

SEN. KANE, 32nd Dist.

REP. BUMGARDNER, 41st Dist.

SEN. LINARES, 33rd Dist.

REP. ADAMS, 146th Dist.

REP. ARCE, 4th Dist.

REP. BAKER, 124th Dist.

REP. BUTLER, 72nd Dist.

REP. CANDELARIA, 95th Dist.

REP. CUEVAS, 75th Dist.

REP. GONZALEZ, 3rd Dist.

REP. HEWETT, 39th Dist.

REP. MCGEE, 5th Dist.

REP. MORRIS, 140th Dist.

REP. ROJAS, 9th Dist.

REP. ROSARIO, 128th Dist.

REP. SANCHEZ, 25th Dist.

REP. SANTIAGO, 130th Dist.

REP. SANTIAGO, 84th Dist.

REP. STALLWORTH, 126th Dist.

REP. VARGAS, 6th Dist.

REP. LESSER, 100th Dist.

REP. ZIOBRON, 34th Dist.

REP. MINER, 66th Dist.

REP. MEGNA, 97th Dist.

REP. LEMAR, 96th Dist.

To: Subst. House Bill No. 7050

File No. 747

Cal. No. 491

"AN ACT CONCERNING THE JUVENILE JUSTICE SYSTEM. "

Strike section 1 in its entirety and substitute the following in lieu thereof:

"Section 1. Subsections (a) and (b) of section 46b-127 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) (1) The court shall automatically transfer from the docket for juvenile matters to the regular criminal docket of the Superior Court the case of any child charged with the commission of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony, or a class B felony, except as provided in subdivision (3) of this subsection, or a violation of section 53a-54d, provided such offense was committed after such child attained the age of [fourteen] fifteen years and counsel has been appointed for such child if such child is indigent. Such counsel may appear with the child but shall not be permitted to make any argument or file any motion in opposition to the transfer. The child shall be arraigned in the regular criminal docket of the Superior Court at the next court date following such transfer, provided any proceedings held prior to the finalization of such transfer shall be private and shall be conducted in such parts of the courthouse or the building in which the court is located that are separate and apart from the other parts of the court which are then being used for proceedings pertaining to adults charged with crimes.

(2) A state's attorney may, at any time after such arraignment, file a motion to transfer the case of any child charged with the commission of a class B felony or a violation of subdivision (2) of subsection (a) of section 53a-70 to the docket for juvenile matters for proceedings in accordance with the provisions of this chapter.

(3) No case of any child charged with the commission of a violation of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of subsection (a) of section 53a-101, 53a-112, 53a-122 or 53a-129b, subdivision (1), (3) or (4) of subsection (a) of section 53a-134, section 53a-196c, 53a-196d or 53a-252 or subsection (a) of section 53a-301 shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court, except as provided in this subdivision. Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child charged with the commission of any such offense shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall not order that the case be transferred under this subdivision unless the court finds that (A) such offense was committed after such child attained the age of fifteen years, (B) there is probable cause to believe the child has committed the act for which the child is charged, and (C) the best interests of the child and the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court shall consider (i) any prior criminal or juvenile offenses committed by the child, (ii) the seriousness of such offenses, (iii) any evidence that the child has intellectual disability or mental illness, and (iv) the availability of services in the docket for juvenile matters that can serve the child's needs. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child is arraigned in the superior court for juvenile matters.

(b) (1) Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child charged with the commission of a class C, D or E felony or an unclassified felony shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall not order that the case be transferred under this subdivision unless the court finds that (A) such offense was committed after such child attained the age of [fourteen] fifteen years, (B) there is probable cause to believe the child has committed the act for which the child is charged, and (C) the best interests of the child and the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court shall consider (i) any prior criminal or juvenile offenses committed by the child, (ii) the seriousness of such offenses, (iii) any evidence that the child has intellectual disability or mental illness, and (iv) the availability of services in the docket for juvenile matters that can serve the child's needs. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child is arraigned in the superior court for juvenile matters.

(2) If a case is transferred to the regular criminal docket pursuant to subdivision (1) of this subsection or subdivision (3) of subsection (a) of this section, the court sitting for the regular criminal docket may return the case to the docket for juvenile matters at any time prior to a jury rendering a verdict or the entry of a guilty plea for good cause shown for proceedings in accordance with the provisions of this chapter. "

Strike section 2 in its entirety and renumber the remaining sections and internal references accordingly