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
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 08, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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24 sponsors
24 primary, 0 co-sponsors signed on.
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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 removed573 line(s) added, 553 removed.
General Assembly RaisedSubstitute Bill No.
832 January Session, 2019 LCOAN No.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- 488a488a, 17b-452 and 17b-45219a-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 disabilities,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,act. and (6) "release into the community" has the same meaning as provided in section 54-280 of the general statutes.
LCOSec. No.
3698 1 of 17 Raised Bill No.832 Sec.
The departmentLCO shall,\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00832-R1 in cooperation with the Office of the18 ChiefSB.docx CourtSubstitute Administrator,Bill theNo. 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.
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 LCOreinstate No.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)LCO The{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0082 Department of Emergency18 ServicesR01-SB.docx and} PublicSubstitute ProtectionBill shallNo. 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.
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,section sections 3 and 4 of this act or section 17a- 412, 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 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.
3698832 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.
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 LCOand No.Public Protection in writing of the new address.
3698During 4such period of 17registration, Raisedeach Billregistrant No.832shall complete and Publicreturn Protectionany informs writingmailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the newCommissioner address.of Emergency Services and Public LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0084 of 18 R01-SB.docx } Substitute Bill No.
During832 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.
(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 LCOEmergency No.Services and Public Protection of a change of name or address, shall be guilty of a class D felony.
3698Any 5person ofwho 17is Raisedsubject Billto No.832registration under this section who fails to notify the Commissioner of Emergency Services and Public Protection of a change of name or address,LCO shall{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0085 beof guilty18 ofR01-SB.docx a} classSubstitute DBill felony.No.
Any832 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.
LCOSec. No.
3698 6 of 17 Raised Bill No.832 Sec.
(a)LCO As{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0086 usedof in18 thisR01-SB.docx section:} 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 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.
3698832 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.
(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.
3698832 8contract ofor 17begins Raisedvolunteering Billwith No.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 LCOhas No.elapsed since committing the disqualifying offense.
3698The 9department ofand 17its Raisedemployees Billshall No.832be hasimmune elapsedfrom sinceliability, committingcivil theor disqualifyingLCO offense.{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00839 of 18 R01-SB.docx } Substitute Bill No.
The832 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.
(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.
3698832 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:
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.
3698832 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.
Such capability may include response by telephone LCOvoice No.mail or other automated response for initial inquiries.
3698LCO 12{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0012 of 1718 RaisedR01-SB.docx Bill} No.832Substitute voiceBill mailNo. or other automated response for initial inquiries.
Show all 64 changed lines (24 more)
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 LCOinformation No.as the department may request.
3698Upon 13receipt of 17notification Raisedof Billsuch No.832termination informationor asseparation, the department mayshall request.LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0013 of 18 R01-SB.docx } Substitute Bill No.
Upon832 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.
(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.
3698832 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.
LCOSec. No.
3698 15 of 17 Raised Bill No.832 Sec.
Section 17a-488a of the general statutes is amended by adding subsectionLCO (f){\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0015 asof follows18 (EffectiveR01-SB.docx from} passage):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 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.
3698832 16substantiated allegations of 17abuse, Raisedneglect, Billexploitation No.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 Section 1 New section Sec.
7 from passage 17a-412 from passage Sec.
8 from passage 17a-488a Sec.
9 from passage 17b-452 Statement of Purpose:Legislative Commissioners:
ToIn provideSection the1, public"17a-488a withand access17b-452" was changed to a"17a-488a, searchable17b-452 databaseand of19a-491c" perpetratorsfor ofaccuracy, crimes"intellectual anddisabilities" otherwas substantiatedchanged abuse,to neglect,"an exploitationintellectual ordisability" abandonmentfor consistency with other provisions of elderlythe personsgeneral orstatutes, persons"and" withwas disabilities.added before Subdiv.
except(5), thatthe whencomma theafter entire"section text3 of athis billact" orwas resolutionchanged orto a sectionperiod ofand aSubdiv. bill or resolution is new, it is not underlined.] LCO No.
3698(6) 17was ofdeleted 17for 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 }
Show all 64 changed rows (24 more)
Action History
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SIGNED BY GOVERNOR
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TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR
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TRANSMITTED TO SECRETARY OF THE STATE
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PUBLIC ACT 19-116
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IN CONCURRENCE
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ON CONSENT CALENDAR
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HOUSE PASSED, SEN. AMEND. SCH. A
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HOUSE ADOPTED SEN. AMEND. SCH. A
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HOUSE CALENDAR NUMBER 505
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FAV. RPT., TABLED FOR HOUSE CALENDER
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ON CONSENT CALENDAR
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SEN. PASSED, SEN. AMEND. SCH. A
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SEN. ADOPTED SEN. AMEND. SCH. A
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FILE NO. 59
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SENATE CALENDAR NUMBER 54
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/12/19
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0219
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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
Export CSV (upgrade) →24 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (24)
- 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
- Kevin C. Kelly
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.
Subjects
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?
- Track SB 832 free on One Click Politics — get push/email alerts when it moves.
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