Connecticut 2018 Regular Session Status: Enacted 3 D cosponsors

SB 509 — AN ACT CONCERNING NEWLY DISCOVERED EVIDENCE.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 15, 2018. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

11 added · 8 removed

Plain-language change summary

The bill was updated to specify that a petition for a new trial in criminal proceedings, based on DNA evidence or other newly discovered evidence, may be brought at any time after the new evidence is discovered, as long as the court finds it could have led to a different trial outcome. Additionally, the language was clarified to ensure that it explicitly refers to petitions in criminal proceedings, and the phrase "the court may grant the petition" replaced "the court finds" in the initial version. These changes impact how courts interpret and process requests for new trials involving new evidence.

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General Assembly   Substitute Bill No.
General Assembly   Raised Bill No.
509 February Session, 2018   *_____SB00509JUD___040418____* AN ACT CONCERNING NEWLY DISCOVERED EVIDENCE.
509 February Session, 2018   LCO No.
2556   *02556_______JUD* Referred to Committee on JUDICIARY   Introduced by:
  (JUD)   AN ACT CONCERNING NEWLY DISCOVERED EVIDENCE.
(a) No petition for a new trial in any civil or criminal proceeding shall be brought but within three years next after the rendition of the judgment or decree complained of, except that a petition for a new trial in a criminal proceeding based on DNA (deoxyribonucleic acid) evidence or other newly discovered evidence, as described in subsection (b) of this section, that was not discoverable or available at the time of the original trial or at the time of any previous petition under this section, may be brought at any time after the discovery or availability of such new evidence, and the court may grant the petition if the court finds that had such evidence been presented at trial, there is a reasonable likelihood there would have been a different outcome at the trial.
(a) No petition for a new trial in any civil or criminal proceeding shall be brought but within three years next after the rendition of the judgment or decree complained of, except that a petition in a criminal proceeding based on DNA (deoxyribonucleic acid) evidence or other newly discovered evidence, as described in subsection (b) of this section, that was not discoverable or available at the time of the original trial or at the time of any previous petition under this section, may be brought at any time after the discovery or availability of such new evidence, and the court finds that had such evidence been presented at trial, there is a reasonable likelihood there would have been a different outcome at the trial.
(b) (1) Such newly discovered evidence in support of a petition for a new trial may include newly discovered forensic scientific evidence that was not discoverable or available at the time of the original trial or original or previous petition for a new trial, as determined by the court under subdivision (2) of this subsection, including that which might undermine any forensic scientific evidence presented at the original trial.
(b) (1) Such newly discovered evidence in support of a petition for a new trial may include newly discovered forensic scientific evidence that was not discoverable or available at the time of the original trial or original or previous petition for a new trial, as determined by the court under subdivision (2) of this section, including that which might undermine any forensic scientific evidence presented at the original trial.
Section 1 October 1, 2018 52-582 Statement of Legislative Commissioners:
Section 1 October 1, 2018 52-582 Statement of Purpose:
In Section 1(a), language was clarified to provide that a petition is for a new trial in a criminal proceeding and that a court may grant the petition.
To permit newly discovered scientific evidence to be considered in the same manner as DNA evidence for the purpose of a petition for a new trial.
JUD Joint Favorable Subst.
[Proposed deletions are enclosed in brackets.
-LCO  
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
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  • R01 Current html

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies the statute regarding petitions for new trials, allowing for such petitions based on newly discovered evidence to be filed at any time after the evidence is discovered.

  • Section 52-582

    No petition for a new trial in any civil or criminal proceeding shall be brought but within three years next after the rendition of the judgment or decree complained of, except that a petition for a new trial in a criminal proceeding based on DNA (deoxyribonucleic acid) evidence or other newly discovered evidence, as described in subsection (b) of this section, that was not discoverable or available at the time of the original trial or at the time of any previous petition under this section, may be brought at any time after the discovery or availability of such new evidence, and the court may grant the petition if the court finds that had such evidence been presented at trial, there is a reasonable likelihood there would have been a different outcome at the trial. → (a) No petition for a new trial in any civil or criminal proceeding shall be brought but within three years next after the rendition of the judgment or decree complained of, except that a petition for a new trial in a criminal proceeding based on DNA (deoxyribonucleic acid) evidence or other newly discovered evidence, as described in subsection (b) of this section, that was not discoverable or available at the time of the original trial or at the time of any previous petition under this section, may be brought at any time after the discovery or availability of such new evidence, and the court may grant the petition if the court finds that had such evidence been presented at trial, there is a reasonable likelihood there would have been a different outcome at the trial.

    It permits petitions for new trials based on newly discovered evidence to be filed without the three-year limitation.

Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 18-61

  5. IN CONCURRENCE

  6. ON CONSENT CALENDAR

  7. HOUSE PASSED

  8. HOUSE CALENDAR NUMBER 508

  9. FAV. RPT., TABLED FOR HOUSE CALENDER

  10. ON CONSENT CALENDAR

  11. SENATE PASSED

  12. FILE NO. 615

  13. SENATE CALENDAR NUMBER 365

  14. FAV. RPT., TAB. FOR CAL., SEN.

  15. RPTD. OUT OF LCO

  16. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/18/18

  17. FILED WITH LCO

  18. Joint Favorable

  19. PUBLIC HEARING 0328

  20. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 182 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 150 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 88000
Republican 26000
Democratic 36000
Total 150000
% of votes cast 100%0%0%0%
How each member voted (150)
Member Party Vote
ABERCROMBIE — Yea
PORTER — Yea
ADAMS — Yea
REED — Yea
ALBIS — Yea
REBIMBAS — Yea
ALTOBELLO — Yea
RILEY — Yea
ARCONTI — Yea
CHEESEMAN — Yea
CUMMINGS — Yea
SIEGRIST — Yea
BORER — Yea
D'AMELIO — Yea
SIMANSKI — Yea
ROSE — Yea
SKULCZYCK — Yea
ROVERO — Yea
DAVIS — Yea
CONLEY — Yea
SANCHEZ — Yea
SREDZINSKI — Yea
CURREY — Yea
DEVLIN — Yea
SRINIVASAN — Yea
D'AGOSTINO — Yea
STANESKI — Yea
DE LA CRUZ — Yea
SCANLON — Yea
STOKES — Yea
SERRA — Yea
DUNSBY — Yea
STORMS — Yea
SIMMONS — Yea
FERGUSON — Yea
TWEEDIE — Yea
DIMASSA — Yea
FERRARO — Yea
SOTO — Yea
WILMS — Yea
FLEISCHMANN — Yea
FLOREN — Yea
FOX — Yea
STALLWORTH — Yea
FRANCE — Yea
FREY — Yea
TERCYAK — Yea
FUSCO — Yea
TONG — Yea
GREEN — Yea
ZIOBRON — Yea
URBAN — Yea
GUERRERA — Yea
VARGAS — Yea
VERRENGIA — Yea
KLARIDES — Yea
HAMPTON — Yea
WINKLER — Yea
KOKORUDA — Yea
ARESIMOWICZ — Yea
HENNESSY — Yea
YOUNG — Yea
KUPCHICK — Yea
JOHNSON — Yea
ZIOGAS — Yea
LABRIOLA — Yea
JULESON-SCOPINO — Yea
LAVIELLE — Yea
LEGEYT — Yea
MACLACHLAN — Yea
BERGER — Yea
BELSITO — Yea
BETTS — Yea
COOK — Yea
BOCCHINO — Yea
OHLER — Yea
GENTILE — Yea
O'NEILL — Yea
MORIN — Yea
MORRIS — Yea
BYRON — Yea
ORANGE — Yea
PERONE — Yea
CAMILLO — Yea
PETIT — Yea
RYAN — Yea
Mccarthy Vahey — Yea
Mccarty, K. — Yea
Alphonse Paolillo Democratic Yea
Andre F. Baker Democratic Yea
Bob Duff Democratic Yea
Bob Godfrey Democratic Yea
Bobby G. Gibson Democratic Yea
Christopher Rosario Democratic Yea
Derek Slap Democratic Yea
Derell Wilson Democratic Yea
Frank Smith Democratic Yea
Geraldo C. Reyes Democratic Yea
Gregory Haddad Democratic Yea
Henry J. Genga Democratic Yea
Hilda E. Santiago Democratic Yea
Hilda E. Santiago Democratic Yea
Jason Rojas Democratic Yea
Jonathan Steinberg Democratic Yea
Joseph P. Gresko Democratic Yea
Josh Elliott Democratic Yea
Joshua M. Hall Democratic Yea
Juan R. Candelaria Democratic Yea
Kerry S. Wood Democratic Yea
Larry B. Butler Democratic Yea
Liz Linehan Democratic Yea
Mary M. Mushinsky Democratic Yea
Matthew L. Lesser Democratic Yea
Matthew Ritter Democratic Yea
Mike Demicco Democratic Yea
Minnie Gonzalez Democratic Yea
Patricia A. Dillon Democratic Yea
Patricia Billie Miller Democratic Yea
Patrick S. Boyd Democratic Yea
Rick Lopes Democratic Yea
Roland J. Lemar Democratic Yea
Steven J. Stafstrom Democratic Yea
Toni E. Walker Democratic Yea
Trenee McGee Democratic Yea
Anne Dauphinais Republican Yea
Ben McGorty Republican Yea
Bill Buckbee Republican Yea
Cara Christine Pavalock-D'Amato Republican Yea
Carol Hall Republican Yea
Christie M. Carpino Republican Yea
Craig C. Fishbein Republican Yea
Dave W. Yaccarino Republican Yea
David Rutigliano Republican Yea
Devin R. Carney Republican Yea
Doug Dubitsky Republican Yea
Jason Perillo Republican Yea
Jay M. Case Republican Yea
Joe Polletta Republican Yea
John E. Piscopo Republican Yea
Kurt Vail Republican Yea
Lezlye Zupkus Republican Yea
Mitch Bolinsky Republican Yea
Nicole Klarides-Ditria Republican Yea
Rob Sampson Republican Yea
Stephen G. Harding Republican Yea
Tami Zawistowski Republican Yea
Tim Ackert Republican Yea
Tom Delnicki Republican Yea
Tom O'Dea Republican Yea
Vincent J. Candelora Republican Yea

Official roll call →

Passed 35 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 21001
Republican 6000
Total 35001
% of votes cast 97%0%0%3%
How each member voted (36)
Member Party Vote
PAUL M. FORMICA — Yea
TIM LARSON — Yea
STEVE CASSANO — Yea
BETH BYE — Yea
EDWIN A. GOMES — Yea
TERRY B. GERRATANA — Yea
MICHAEL A. MCLACHLAN — Yea
KEVIN D. WITKOS — Yea
TONI BOUCHER — Yea
PAUL DOYLE — Not Voting
CARLO LEONE — Yea
CRAIG MINER — Yea
LEN SUZIO — Yea
GAYLE SLOSSBERG — Yea
ART LINARES — Yea
JOE MARKLEY — Yea
LEONARD FASANO — Yea
GEORGE LOGAN — Yea
ANTHONY GUGLIELMO — Yea
L. SCOTT FRANTZ — Yea
Kevin C. Kelly — Yea
Marilyn Moore — Yea
Bob Duff Democratic Yea
Catherine A. Osten Democratic Yea
Douglas McCrory Democratic Yea
Gary A. Winfield Democratic Yea
Joan V. Hartley Democratic Yea
John W. Fonfara Democratic Yea
Mae Flexer Democratic Yea
Martin M. Looney Democratic Yea
Eric C. Berthel Republican Yea
Heather S. Somers Republican Yea
Henri Martin Republican Yea
John A. Kissel Republican Yea
Kathy Kennedy Republican Yea
Tony Hwang Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 509?
SB 509 is sponsored by Bolinsky, Mitch, Stafstrom, Steven J., Martin M. Looney (Democratic), Catherine A. Osten (Democratic), and Gary A. Winfield (Democratic).
What is the current status of SB 509?
This bill has been enacted into law. Introduced March 15, 2018. Enacted.
Where can I track SB 509?
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