Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 4955

   
 

*SB0013204955SRO*

Offered by:

 

SEN. LINARES, 33rd Dist.

SEN. FASANO, 34th Dist.

SEN. WITKOS, 8th Dist.

SEN. KISSEL, 7th Dist.

SEN. BERTHEL, 32nd Dist.

SEN. BOUCHER, 26th Dist.

SEN. FORMICA, 20th Dist.

SEN. FRANTZ, 36th Dist.

SEN. GUGLIELMO, 35th Dist.

SEN. HWANG, 28th Dist.

SEN. KELLY, 21st Dist.

SEN. LOGAN, 17th Dist.

SEN. MARKLEY, 16th Dist.

SEN. MARTIN, 31st Dist.

SEN. MCLACHLAN, 24th Dist.

SEN. MINER, 30th Dist.

SEN. SOMERS, 18th Dist.

SEN. SUZIO, 13th Dist.

To: Subst. Senate Bill No. 132

File No. 604

Cal. No. 355

"AN ACT COMBATTING SEXUAL HARASSMENT AND SEXUAL ASSAULT."

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 1-110a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) (1) Notwithstanding any provision of the general statutes, on or after October 1, 2008, except as provided in subdivision (2) of this subsection, if any public official or state or municipal employee is convicted of or pleads guilty or nolo contendere to any crime related to state or municipal office in state criminal or federal criminal court, the Attorney General shall apply to the Superior Court for an order to revoke or reduce the pension of any kind to which such public official or state or municipal employee is otherwise entitled under the general statutes for service as a public official or state or municipal employee.

(2) In the case of any person who (A) is eligible to receive a pension from this state at any time, and (B) is convicted of or pleads guilty or nolo contendere in state court to a violation of section 53a-70 or 53a-70a for an offense that was committed while such person was a state public official or was on duty in his or her position as a state employee, the Attorney General shall apply to the Superior Court for an order to revoke the state pension to which such person is otherwise entitled under the general statutes for service as a state public official or state employee.

(b) In determining whether the pension shall be revoked or reduced pursuant to subdivision (1) of subsection (a) of this section, the Superior Court shall consider and make findings on the following factors:

(1) The severity of the crime related to state or municipal office for which the public official or state or municipal employee has been convicted or to which the public official or state or municipal employee has pled guilty or nolo contendere;

(2) The amount of monetary loss suffered by the state, a municipality or a quasi-public agency or by any other person as a result of the crime related to state or municipal office;

(3) The degree of public trust reposed in the public official or state or municipal employee by virtue of the person's position as a public official or state or municipal employee;

(4) If the crime related to state or municipal office was part of a fraudulent scheme against the state or a municipality, the role of the public official or state or municipal employee in the fraudulent scheme against the state or a municipality; and

(5) Any such other factors as, in the judgment of the Superior Court, justice may require.

(c) If the court determines, or the Attorney General certifies, that a public official or state or municipal employee, who was convicted of or pled guilty or nolo contendere to a crime, [related to state or municipal office,] as described in subsection (a) of this section, voluntarily provided information to the Attorney General, the Auditors of Public Accounts or any state, federal or local law enforcement official concerning the commission of such crime related to state or municipal office by another public official or state or municipal employee who had a greater degree of culpability for such crime than the public official or state or municipal employee providing such information, the court shall not reduce or revoke the pension of such public official or state or municipal employee, provided such public official or state or municipal employee voluntarily provided such information prior to learning of a criminal investigation into such crime related to state or municipal office.

(d) If the Superior Court determines that the pension of a public official or state or municipal employee should be reduced, it may, after taking into consideration the financial needs and resources of any innocent spouse, dependents and designated beneficiaries of the public official or state or municipal employee, order that some or all of the reduced pension be paid to any such innocent spouse, dependent or beneficiary as justice may require.

(e) If the Superior Court determines that the pension of such public official or state or municipal employee should not be revoked or reduced, it shall order that the retirement or other benefit or payment be made to such public official or state or municipal employee.

(f) In all criminal proceedings in state or federal court in which the defendant is a public official or a state or municipal employee who is charged with a crime related to state or municipal office, or in a criminal proceeding in state court in which the defendant is a person described in subparagraph (2) of subsection (a) of this section, the Attorney General shall notify the prosecutor of the existence of the pension revocation statute and the possibility that any fine, restitution or other monetary order made by the court may be paid from such official's or employee's pension.

(g) If any provision, clause or phrase of this section or of any order or any action of the Attorney General hereunder is adjudged by any court of competent jurisdiction to be invalid, or if the applicability thereof to any person or circumstance is held invalid, such judgment shall not invalidate the remainder of this section or such order or action, and the applicability thereof to other persons and circumstances shall not be affected thereby."

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

Sec. 501

October 1, 2018

1-110a