Judiciary Committee

JOINT FAVORABLE REPORT

Bill No.:

HB-5366

Title:

AN ACT CONCERNING COURT OPERATIONS.

Vote Date:

3/11/2016

Vote Action:

Joint Favorable Substitute

PH Date:

2/29/2016

File No.:

SPONSORS OF BILL:

Judiciary Committee

Joint Favorable Substitute

Substitute language as contained in LCO # 2993, clarifies language eliminating a cap plea for review upon sentencing and adds language that would allow the Judicial Branch to purchase the Waterford Juvenile Facility.

REASONS FOR BILL:

Doreen Del Bianco of the Division of External Affairs, Judicial Branch requested this

proposal.

RESPONSE FROM ADMINISTRATION/AGENCY:

Natasha Pierre, Esq., State Victim Advocate: Supports the bill while recommending revisions:

1. “On line 78, after 'age', insert 'unless legally emancipated, pursuant to C.G.S. 46b-150' and on line 153, after 'age', insert 'unless legally emancipated, pursuant to C.G.S. 46b-150'”.

NATURE AND SOURCES OF SUPPORT:

Judicial Branch, External Affairs Division, Judge Patrick L. Carroll III: Stated the intent of the Judicial Branch's “omnibus bill”, summarizing each section.

Sec 1& 2 would conform Connecticut statutes with federal law. Section 3 would permit judges to consider additional information when ruling on a temporary restraining order after a hearing. Section 4 clarifies that minors may apply for a civil order of protection through a parent, guardian or other responsible adult as a next friend. It also specifies that, if a postponement of a hearing on the application is requested by either party, no ex parte order shall be continued except upon agreement of the parties or by order of the court for good cause shown.

Office of Chief Public Defender, Deborah Del Prete Sullivan: Supports the overall bill, but opposes section 5 as it would eliminate sentence review for individuals who enter plea deals.

She indicated that the individual may seek a lesser sentence and has a right to have their sentence reviewed and amended accordingly.

NATURE AND SOURCES OF OPPOSITION:

Connecticut Criminal Defense Lawyers Association: Opposes this bill. Stated that the bill will undermine the rights of the accused and that the bill would do more harm for the criminal justice system than good.

Hector Morera, Glastonbury CT: Opposes this bill. Testified that the language in the bill is misleading and potentially deceiving, stating that the bill is unclear about whether or not adults can file restraining orders on behalf of children, referencing the Aiden Moreno case.

Reported by: Justin Olson and George Marinelli

Date: 3-22-16