Substitute House Bill No. 5698 Substitute House Bill No. 5698 PUBLIC ACT NO. 98-126 AN ACT CONCERNING EMPLOYEES OF THE DEPARTMENT OF CORRECTION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 53a-54b of the general statutes is repealed and the following is substituted in lieu thereof: A person is guilty of a capital felony who is convicted of any of the following: (1) Murder of a member of the Division of State Police within the Department of Public Safety or of any local police department, a chief inspector or inspector in the Division of Criminal Justice, a sheriff or deputy sheriff, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, [an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility] AN EMPLOYEE OF THE DEPARTMENT OF CORRECTION OR A PERSON PROVIDING SERVICES ON BEHALF OF SAID DEPARTMENT WHEN SUCH EMPLOYEE OR PERSON IS ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT OR DUTIES IN A CORRECTIONAL INSTITUTION OR FACILITY AND THE ACTOR IS CONFINED IN SUCH INSTITUTION OR FACILITY, or any fireman, while such victim was acting within the scope of his duties; (2) murder committed by a defendant who is hired to commit the same for pecuniary gain or murder committed by one who is hired by the defendant to commit the same for pecuniary gain; (3) murder committed by one who has previously been convicted of intentional murder or of murder committed in the course of commission of a felony; (4) murder committed by one who was, at the time of commission of the murder, under sentence of life imprisonment; (5) murder by a kidnapper of a kidnapped person during the course of the kidnapping or before such person is able to return or be returned to safety; (6) the illegal sale, for economic gain, of cocaine, heroin or methadone to a person who dies as a direct result of the use by him of such cocaine, heroin or methadone; (7) murder committed in the course of the commission of sexual assault in the first degree; (8) murder of two or more persons at the same time or in the course of a single transaction; or (9) murder of a person under sixteen years of age. Sec. 2. Section 31-51g of the general statutes is repealed and the following is substituted in lieu thereof: (a) For the purposes of this section "polygraph" means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test or question individuals for the purpose of determining truthfulness. (b) (1) No person, firm, corporation, association or the state or any political subdivision thereof shall request or require any prospective employee or any employee to submit to, or take, a polygraph examination as a condition of obtaining employment or of continuing employment with such employer or dismiss or discipline in any manner an employee for failing, refusing or declining to submit to or take a polygraph examination. (2) No employment agency, as defined in section 31-129, and no agent for an employer shall require any person to submit to, or take, a polygraph examination for any purposes whatsoever. (c) Any person, firm, corporation or association which violates any provision of this section shall be fined not less than two hundred fifty dollars nor more than one thousand dollars for each violation. (d) The provisions of this section shall not apply to persons to be employed (1) by the state or any local government or any political subdivision thereof in any police department except for civilian employees within the department OR (2) BY THE DEPARTMENT OF CORRECTION, but shall apply with respect to obtaining and maintaining employment of other persons by the state or any local government or political subdivision thereof. Approved May 27, 1998