Connecticut 2019 Regular Session Status: Enacted Bipartisan · 6 D · 2 R cosponsors

SB 832 — AN ACT CONCERNING REGISTRIES OF PERSONS FOUND RESPONSIBLE FOR ASSAULTS OR OTHER ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF ELDERLY PERSONS OR PERSONS WITH DISABILITIES.

Last action — SIGNED BY GOVERNOR

  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 February 08, 2019. Enacted.

Prognosis

Likely to advance 78% · 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.

  • 24 sponsors

    24 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (6 D · 2 R) — cross-party backing.

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

573 added · 553 removed

573 line(s) added, 553 removed.

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General Assembly Raised Bill No.
General Assembly Substitute Bill No.
832 January Session, 2019 LCO No.
832 January Session, 2019 AN ACT CONCERNING REGISTRIES OF PERSONS FOUND RESPONSIBLE FOR ASSAULTS OR OTHER ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF ELDERLY PERSONS OR PERSONS WITH DISABILITIES.
3698 Referred to Committee on AGING Introduced by:
(AGE) AN ACT CONCERNING REGISTRIES OF PERSONS FOUND RESPONSIBLE FOR ASSAULTS OR OTHER ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF ELDERLY PERSONS OR PERSONS WITH DISABILITIES.
(NEW) (Effective from passage) For purposes of this section, sections 2 to 4, inclusive, of this act and sections 17a-247b, 17a-412, 17a- 488a and 17b-452 of the general statutes, as amended by this act, (1) "convicted" and "found not guilty by reason of mental disease or defect" have the same meaning as provided in section 54-280 of the general statutes, (2) "elderly person" means a person sixty years of age or older, (3) "persons with disabilities" has the same meaning as provided in section 17b-608 of the general statutes and includes persons with intellectual disabilities, as defined in section 1-1g of the general statutes, (4) "certain crimes against elderly persons or persons with disabilities" means crimes prosecuted under section 53a-59a, 53a- 60b, 53a-60c, 53a-61a, 53a-321, 53a-322 or 53a-323 of the general statutes, (5) "registrant" means a person required to register pursuant to section 3 of this act, and (6) "release into the community" has the same meaning as provided in section 54-280 of the general statutes.
(NEW) (Effective from passage) For purposes of this section, sections 2 to 4, inclusive, of this act and sections 17a-247b, 17a-412, 17a- 488a, 17b-452 and 19a-491c of the general statutes, as amended by this act, (1) "convicted" and "found not guilty by reason of mental disease or defect" have the same meaning as provided in section 54-280 of the general statutes, (2) "elderly person" means a person sixty years of age or older, (3) "persons with disabilities" has the same meaning as provided in section 17b-608 of the general statutes and includes persons with an intellectual disability, as defined in section 1-1g of the general statutes, (4) "certain crimes against elderly persons or persons with disabilities" means crimes prosecuted under section 53a-59a, 53a- 60b, 53a-60c, 53a-61a, 53a-321, 53a-322 or 53a-323 of the general statutes, and (5) "registrant" means a person required to register pursuant to section 3 of this act.
LCO No.
Sec.
3698 1 of 17 Raised Bill No.832 Sec.
The department shall, in cooperation with the Office of the Chief Court Administrator, the Department of Correction and the Psychiatric Security Review Board, develop appropriate forms for use by agencies and individuals to report registration information, including changes of address.
The LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00832-R1 of 18 SB.docx Substitute Bill No.
832 department shall, in cooperation with the Office of the Chief Court Administrator, the Department of Correction and the Psychiatric Security Review Board, develop appropriate forms for use by agencies and individuals to report registration information, including changes of address.
Upon the release of the registrant from incarceration or civil commitment or resumption of residency in this state by the registrant, the department shall LCO No.
Upon the release of the registrant from incarceration or civil commitment or resumption of residency in this state by the registrant, the department shall reinstate the registration and redistribute the registration information in accordance with subsection (b) of this section.
3698 2 of 17 Raised Bill No.832 reinstate the registration and redistribute the registration information in accordance with subsection (b) of this section.
(d) The Department of Emergency Services and Public Protection shall include in the registry the most recent photographic image of each registrant taken by the department, the Department of Correction, a law enforcement agency or the Court Support Services Division of the Judicial Department.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0082 of 18 R01-SB.docx } Substitute Bill No.
832 (d) The Department of Emergency Services and Public Protection shall include in the registry the most recent photographic image of each registrant taken by the department, the Department of Correction, a law enforcement agency or the Court Support Services Division of the Judicial Department.
Any information recorded or disclosed pursuant to this section or section 3 or 4 of this act shall not be further disclosed unless such disclosure is permitted under this section, sections 3 and 4 of this act or section 17a- 412, 17a-247b, 17a-488a, 17b-452 or 19a-491c of the general statutes, as amended by this act.
Any information recorded or disclosed pursuant to this section or section 3 or 4 of this act shall not be further disclosed unless such disclosure is permitted under this section or section 17a-247b, 17a-412, 17a-488a, 17b-452 or 19a-491c of the general statutes, as amended by this act.
(h) Not later than two business days after entering the information LCO No.
(h) Not later than two business days after entering the information of a new offender in the registry, the Commissioner of Emergency Services and Public Protection shall send the information to the Commissioner of Public Health for inclusion in a searchable data base established pursuant to section 19a-491c of the general statutes, as amended by this act, for persons seeking to hire individuals for LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00833 of 18 R01-SB.docx } Substitute Bill No.
3698 3 of 17 Raised Bill No.832 of a new offender in the registry, the Commissioner of Emergency Services and Public Protection shall send the information to the Commissioner of Public Health for inclusion in a searchable data base established pursuant to section 19a-491c of the general statutes, as amended by this act, for persons seeking to hire individuals for positions assisting elderly persons and persons with disabilities.
832 positions assisting elderly persons and persons with disabilities.
If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services LCO No.
If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address.
3698 4 of 17 Raised Bill No.832 and Public Protection in writing of the new address.
During such period of registration, each registrant shall complete and return any forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0084 of 18 R01-SB.docx } Substitute Bill No.
During such period of registration, each registrant shall complete and return any forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.
832 Protection.
(c) Any person who is subject to registration under this section who violates any provisions of subsection (a) or (b) of this section, except a violation consisting of failure to notify the Commissioner of LCO No.
(c) Any person who is subject to registration under this section who violates any provisions of subsection (a) or (b) of this section, except a violation consisting of failure to notify the Commissioner of Emergency Services and Public Protection of a change of name or address, shall be guilty of a class D felony.
3698 5 of 17 Raised Bill No.832 Emergency Services and Public Protection of a change of name or address, shall be guilty of a class D felony.
Any person who is subject to registration under this section who fails to notify the Commissioner of Emergency Services and Public Protection of a change of name or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0085 of 18 R01-SB.docx } Substitute Bill No.
Any person who is subject to registration under this section who fails to notify the Commissioner of Emergency Services and Public Protection of a change of name or address not later than five business days after such change of name or address shall be guilty of a class D felony.
832 address not later than five business days after such change of name or address shall be guilty of a class D felony.
LCO No.
Sec.
3698 6 of 17 Raised Bill No.832 Sec.
(a) As used in this section:
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0086 of 18 R01-SB.docx } Substitute Bill No.
832 (a) As used in this section:
(4) "Long-term care facility" means any facility, agency or provider that is a nursing home, as defined in section 19a-521, a residential care home, as defined in section 19a-521, a home health agency, as defined in section 19a-490, an assisted living services agency, as defined in section 19a-490, an intermediate care facility for individuals with intellectual disabilities, as defined in 42 USC 1396d(d), except any such facility operated by a Department of Developmental Services' program LCO No.
(4) "Long-term care facility" means any facility, agency or provider that is a nursing home, as defined in section 19a-521, a residential care home, as defined in section 19a-521, a home health agency, as defined in section 19a-490, an assisted living services agency, as defined in section 19a-490, an intermediate care facility for individuals with intellectual disabilities, as defined in 42 USC 1396d(d), except any such facility operated by a Department of Developmental Services' program subject to background checks pursuant to section 17a-227a, a chronic disease hospital, as defined in section 19a-550, or an agency providing LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0087 of 18 R01-SB.docx } Substitute Bill No.
3698 7 of 17 Raised Bill No.832 subject to background checks pursuant to section 17a-227a, a chronic disease hospital, as defined in section 19a-550, or an agency providing hospice care which is licensed to provide such care by the Department of Public Health or certified to provide such care pursuant to 42 USC 1395x.
832 hospice care which is licensed to provide such care by the Department of Public Health or certified to provide such care pursuant to 42 USC 1395x.
(2) [No] Except for individuals registered pursuant to sections 2 to 4, inclusive, of this act, no long-term care facility shall be required to comply with the provisions of this subsection if the individual provides evidence to the long-term care facility that such individual submitted to a background search conducted pursuant to subdivision LCO No.
(2) [No] Except for individuals registered pursuant to sections 2 to 4, inclusive, of this act, no long-term care facility shall be required to comply with the provisions of this subsection if the individual provides evidence to the long-term care facility that such individual submitted to a background search conducted pursuant to subdivision (1) of this subsection not more than three years immediately preceding the date such individual applies for employment, seeks to enter into a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0088 of 18 R01-SB.docx } Substitute Bill No.
3698 8 of 17 Raised Bill No.
832 contract or begins volunteering with the long-term care facility and that the prior background search confirmed that the individual did not have a disqualifying offense.
832 (1) of this subsection not more than three years immediately preceding the date such individual applies for employment, seeks to enter into a contract or begins volunteering with the long-term care facility and that the prior background search confirmed that the individual did not have a disqualifying offense.
(3) [The] Except for individuals registered pursuant to sections 2 to 4, inclusive, of this act, the department may grant a waiver from the provisions of subsection (e) of this section to an individual who identifies mitigating circumstances surrounding the disqualifying offense, including (A) inaccuracy in the information obtained from the background search, (B) lack of a relationship between the disqualifying offense and the position for which the individual has applied, (C) evidence that the individual has pursued or achieved rehabilitation with regard to the disqualifying offense, or (D) that substantial time LCO No.
(3) [The] Except for individuals registered pursuant to sections 2 to 4, inclusive, of this act, the department may grant a waiver from the provisions of subsection (e) of this section to an individual who identifies mitigating circumstances surrounding the disqualifying offense, including (A) inaccuracy in the information obtained from the background search, (B) lack of a relationship between the disqualifying offense and the position for which the individual has applied, (C) evidence that the individual has pursued or achieved rehabilitation with regard to the disqualifying offense, or (D) that substantial time has elapsed since committing the disqualifying offense.
3698 9 of 17 Raised Bill No.832 has elapsed since committing the disqualifying offense.
The department and its employees shall be immune from liability, civil or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00839 of 18 R01-SB.docx } Substitute Bill No.
The department and its employees shall be immune from liability, civil or criminal, that might otherwise be incurred or imposed, for good faith conduct in granting waivers pursuant to this subdivision.
832 criminal, that might otherwise be incurred or imposed, for good faith conduct in granting waivers pursuant to this subdivision.
(2) [A] Except for individuals registered pursuant to sections 2 to 4, inclusive, of this act, a long-term care facility may employ, enter into a LCO No.
(2) [A] Except for individuals registered pursuant to sections 2 to 4, inclusive, of this act, a long-term care facility may employ, enter into a contract with or allow to volunteer an individual required to submit to a background search on a conditional basis before the long-term care LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0010 of 18 R01-SB.docx } Substitute Bill No.
3698 10 of 17 Raised Bill No.832 contract with or allow to volunteer an individual required to submit to a background search on a conditional basis before the long-term care facility receives notice from the department that such individual does not have a disqualifying offense, provided:
832 facility receives notice from the department that such individual does not have a disqualifying offense, provided:
Except for persons LCO No.
Except for persons registered pursuant to sections 2 to 4, inclusive, of this act, the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0011 of 18 R01-SB.docx } Substitute Bill No.
3698 11 of 17 Raised Bill No.832 registered pursuant to sections 2 to 4, inclusive, of this act, the department may grant a waiver to any person pursuant to subdivisions (2) and (3) of subsection (d) of this section.
832 department may grant a waiver to any person pursuant to subdivisions (2) and (3) of subsection (d) of this section.
Such capability may include response by telephone LCO No.
Such capability may include response by telephone voice mail or other automated response for initial inquiries.
3698 12 of 17 Raised Bill No.832 voice mail or other automated response for initial inquiries.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0012 of 18 R01-SB.docx } Substitute Bill No.
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(b) The registry shall include, but not be limited to, the following:
832 (b) The registry shall include, but not be limited to, the following:
(e) Not later than five business days following receipt of written notification by an authorized agency of the substantiation of abuse or neglect by a former employee who has been terminated or separated from employment for such abuse or neglect, an employer shall submit to the department the name of such former employee and such other LCO No.
(e) Not later than five business days following receipt of written notification by an authorized agency of the substantiation of abuse or neglect by a former employee who has been terminated or separated from employment for such abuse or neglect, an employer shall submit to the department the name of such former employee and such other information as the department may request.
3698 13 of 17 Raised Bill No.832 information as the department may request.
Upon receipt of notification of such termination or separation, the department shall LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0013 of 18 R01-SB.docx } Substitute Bill No.
Upon receipt of notification of such termination or separation, the department shall conduct a hearing in accordance with sections 4-177 to 4-181a, inclusive, governing contested cases.
832 conduct a hearing in accordance with sections 4-177 to 4-181a, inclusive, governing contested cases.
(h) Notwithstanding subsections (c) and (d) of this section, on and after December 1, 2019, the department shall forward to the Department of Public Health (1) the names, ages and last-known LCO No.
(h) Notwithstanding subsections (c) and (d) of this section, on and after December 1, 2019, the department shall forward to the Department of Public Health (1) the names, ages and last-known addresses of the former employees on the registry who were terminated or separated from employment for substantiated abuse or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0014 of 18 R01-SB.docx } Substitute Bill No.
3698 14 of 17 Raised Bill No.832 addresses of the former employees on the registry who were terminated or separated from employment for substantiated abuse or neglect and a general description of the offense for inclusion in the background search program established pursuant to section 19a-491c, as amended by this act, and (2) if known, (A) whether such former employees were convicted of certain crimes against elderly persons or persons with disabilities or other crimes as a result of a substantiated case of abuse or neglect, (B) the crimes such persons were convicted of, and (C) a general description of the offense.
832 neglect and a general description of the offense for inclusion in the background search program established pursuant to section 19a-491c, as amended by this act, and (2) if known, (A) whether such former employees were convicted of certain crimes against elderly persons or persons with disabilities or other crimes as a result of a substantiated case of abuse or neglect, (B) the crimes such persons were convicted of, and (C) a general description of the offense.
LCO No.
Sec.
3698 15 of 17 Raised Bill No.832 Sec.
Section 17a-488a of the general statutes is amended by adding subsection (f) as follows (Effective from passage):
Section 17a-488a of the general statutes is amended by adding LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0015 of 18 R01-SB.docx } Substitute Bill No.
832 subsection (f) as follows (Effective from passage):
(1) (A) If known, the names, ages and last-known addresses of persons convicted of certain crimes against elderly persons or persons LCO No.
(1) (A) If known, the names, ages and last-known addresses of persons convicted of certain crimes against elderly persons or persons with disabilities, or any other crime, as a result of an investigation that LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0016 of 18 R01-SB.docx } Substitute Bill No.
3698 16 of 17 Raised Bill No.
832 substantiated allegations of abuse, neglect, exploitation or abandonment, (B) the crimes such persons were convicted of, and (C) a general description of the offense;
832 with disabilities, or any other crime, as a result of an investigation that substantiated allegations of abuse, neglect, exploitation or abandonment, (B) the crimes such persons were convicted of, and (C) a general description of the offense;
Section 1 from passage New section Sec.
from passage Section 1 New section Sec.
7 from passage 17a-412 Sec.
7 from passage 17a-412 from passage Sec.
8 from passage 17a-488a Sec.
8 17a-488a Sec.
9 from passage 17b-452 Statement of Purpose:
9 from passage 17b-452 Statement of Legislative Commissioners:
To provide the public with access to a searchable database of perpetrators of crimes and other substantiated abuse, neglect, exploitation or abandonment of elderly persons or persons with disabilities.
In Section 1, "17a-488a and 17b-452" was changed to "17a-488a, 17b-452 and 19a-491c" for accuracy, "intellectual disabilities" was changed to "an intellectual disability" for consistency with other provisions of the general statutes, "and" was added before Subdiv.
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.] LCO No.
(5), the comma after "section 3 of this act" was changed to a period and Subdiv.
3698 17 of 17
(6) was deleted for accuracy;
in Section 2(g), "sections 3 and 4 of this act" was deleted for accuracy and "17a-412, 17a-247b" was changed to "17a-247b, 17a-412" for consistency with other provisions of the section.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00832-17 of 18 R01-SB.docx } Substitute Bill No.
832 AGE Joint Favorable Subst.
-LCO LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00832- 18 of 18 R01-SB.docx }
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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 19-116

  5. IN CONCURRENCE

  6. ON CONSENT CALENDAR

  7. HOUSE PASSED, SEN. AMEND. SCH. A

  8. HOUSE ADOPTED SEN. AMEND. SCH. A

  9. HOUSE CALENDAR NUMBER 505

  10. FAV. RPT., TABLED FOR HOUSE CALENDER

  11. ON CONSENT CALENDAR

  12. SEN. PASSED, SEN. AMEND. SCH. A

  13. SEN. ADOPTED SEN. AMEND. SCH. A

  14. FILE NO. 59

  15. SENATE CALENDAR NUMBER 54

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

  17. RPTD. OUT OF LCO

  18. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/12/19

  19. FILED WITH LCO

  20. Joint Favorable

  21. PUBLIC HEARING 0219

  22. REF. TO JOINT COMM. ON Aging

Sponsors

  • Gail Lavielle · Primary
  • Mitch Bolinsky · Primary
  • Paul M. Formica · Primary
  • Devin R. Carney · Primary
  • John H. Frey · Primary
  • John K. Hampton · Primary
  • Joseph C. Serra · Primary
  • Cristin McCarthy Vahey · Primary
  • Henry J. Genga · Primary
  • Mary Daugherty Abrams · Primary
  • Carlo Leone · Primary
  • Matt Blumenthal · Primary
  • George S. Logan · Primary
  • Gennaro Bizzarro · Primary
  • Julie Kushner · Primary
  • Saud Anwar · Primary
  • Catherine A. Osten · Primary
  • Rob Sampson · Primary
  • Alexandra Bergstein · Primary
  • Derek Slap · Primary
  • Tony Hwang · Primary
  • James J. Maroney · Primary
  • Norman Needleman · Primary
  • Kevin C. Kelly · Primary

Sponsorship breakdown

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24 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (24)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"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

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 832?
SB 832 is sponsored by Lavielle, Gail, Bolinsky, Mitch, Formica, Paul M., Carney, Devin R., Frey, John H., Hampton, John K., Serra, Joseph C., McCarthy Vahey, Cristin, Genga, Henry J., Daugherty Abrams, Mary, Leone, Carlo, Blumenthal, Matt, Logan, George S., Bizzarro, Gennaro, Julie Kushner (Democratic), Saud Anwar (Democratic), Catherine A. Osten (Democratic), Rob Sampson (Republican), Bergstein, Alexandra, Derek Slap (Democratic), Tony Hwang (Republican), James J. Maroney (Democratic), Norman Needleman (Democratic), and Kevin C. Kelly.
What is the current status of SB 832?
This bill has been enacted into law. Introduced February 08, 2019. Enacted.
Where can I track SB 832?
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