OLR Bill Analysis

HB 5477

AN ACT CONCERNING STATE V. MCCAHILL.

SUMMARY

This bill eliminates an obsolete provision from a law on post-conviction release on bond of defendants awaiting sentencing or appeal. Removing the provision conforms to a court case which held the language to be unconstitutional.

The case involved a statutory prohibition on courts from releasing on bail anyone convicted of any offense involving the use, attempted use, or threatened use of force. The Connecticut Supreme Court held that this provision was unconstitutional as violating the separation of powers, because it significantly interfered with the Superior Court's judicial role (State v. McCahill, 261 Conn. 492 (2002)).

The bill removes from the law the unconstitutional language. It retains in the law a provision that prohibits courts from releasing on bail anyone convicted of murder, murder with special circumstances, felony murder, or arson murder. (In McCahill, the court noted in dicta that this provision did not interfere with the Superior Court's role.)

EFFECTIVE DATE: Upon passage

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

39

Nay

0

(03/28/2018)