Connecticut Seal

General Assembly

File No. 500

    February Session, 2018

House Bill No. 5477

House of Representatives, April 16, 2018

The Committee on Judiciary reported through REP. TONG of the 147th Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.

AN ACT CONCERNING STATE V. MCCAHILL.

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

Section 1. Section 54-63f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

A person who has been convicted of any offense, except a violation of section 53a-54a, 53a-54b, 53a-54c or 53a-54d, [or any offense involving the use, attempted use or threatened use of physical force against another person,] and is either awaiting sentence or has given oral or written notice of such person's intention to appeal or file a petition for certification or a writ of certiorari may be released pending final disposition of the case, unless the court finds custody to be necessary to provide reasonable assurance of such person's appearance in court, upon the first of the following conditions of release found sufficient by the court to provide such assurance: (1) Upon such person's execution of a written promise to appear, (2) upon such person's execution of a bond without surety in no greater amount than necessary, (3) upon such person's execution of a bond with surety in no greater amount than necessary, (4) upon such person's deposit, with the clerk of the court having jurisdiction of the offense with which such person stands convicted or any assistant clerk of such court who is bonded in the same manner as the clerk or any person or officer authorized to accept bail, a sum of money equal to the amount called for by the bond required by the court, or (5) upon such person's pledge of real property, the equity of which is equal to the amount called for by the bond required by the court, provided the person pledging such property is the owner of such property. When cash bail is offered, such bond shall be executed and the money shall be received in lieu of a surety or sureties upon such bond. Such cash bail shall be retained by the clerk of such court until a final order of the court disposing of the same is passed, provided, if such bond is forfeited, the clerk of such court shall pay the money to the payee named therein, according to the terms and conditions of the bond.

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

Section 1

from passage

54-63f

JUD

Joint Favorable

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill makes a technical change, removing an obsolete provision from statute and does not result in a fiscal impact.

The Out Years

State Impact: None

Municipal Impact: None

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)

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