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statutes is repealed and the following is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is repealed and the following is substituted in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