HB 7349 — AN ACT CONCERNING IDENTITY THEFT VICTIM ACCESS TO RECORDS.

(b) The court may, in its discretion, invoke such program on motion of the defendant or on motion of a state's attorney or prosecuting attorney with respect to a defendant (1) who, the court believes, will probably not offend in the future, (2) who has no previous record of conviction of a crime or of a violation of section 14-196, subsection (c) of section 14-215, section 14-222a, subsection (a) or subdivision (1) of subsectionLCO (b)5734 \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07349-R011 of section6 14-224,HB.docx sectionRaised 14-227aBill or 14-227m or LCO No.

57347349 1subsection (b) of 6section Raised14-224, Billsection No.734914-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury, (A) that the defendant has never had such program invoked on the defendant's behalf or that the defendant was charged with a misdemeanor or a motor vehicle violation for which a term of imprisonment of one year or less may be imposed and ten or more years have passed since the date that any charge or charges for which the program was invoked on the defendant's behalf were dismissed by the court, or (B) with respect to a defendant who is a veteran, that the defendant has not had such program invoked in the defendant's behalf more than once previously, provided the defendant shall agree thereto and provided notice has been given by the defendant, on a form prescribed by the Office of the Chief Court Administrator, to the victim or victims of such crime or motor vehicle violation, if any, by registered or certified mail and such victim or victims have an opportunity to be heard thereon.

(1) To any person charged with (A) a class A felony, (B) a class B felony, except a violation of subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, or a violation of subdivision (4) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person and does not involve a violation by a person who is a public official, as defined in section 1-110, or a state or municipal employee, as defined in section 1- 110,LCO or5734 (C){\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073492 a violation of section6 14-227aR01-HB.docx or} 14-227m,Raised subdivisionBill (1) or LCO No.

57347349 2110, or (C) a violation of 6section Raised14-227a Billor No.734914-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, except as provided in subdivision (5) of this subsection, 53a- 72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a crime or motor vehicle violation who, as a result of the commission of such crime or motor vehicle violation, causes the death of another person, (3) to any person accused of a family violence crime as defined in section 46b-38a who (A) is eligible for the pretrial family violence education program established under section 46b-38c, or (B) has previously had the pretrial family violence education program invoked in such person's behalf, (4) to any person charged with a violation of section 21a-267 or 21a-279 who (A) is eligible for the pretrial drug education and community service program established under section 54-56i, or (B) has previously had the pretrial drug education program or the pretrial drug education and community service program invoked on such person's behalf, (5) unless good cause is shown, to (A) any person charged with a class C felony, or (B) any person charged with committing a violation of subdivision (1) of subsection (a) of section 53a-71 while such person was less than four years older than the other person, (6) to any person charged with a violation of section 9-359 or 9-359a, (7) to any person charged with a motor vehicle violation (A) while operating a commercial motor vehicle, as defined in section 14-1, or (B) who holds a commercial driver's license or commercial driver's instruction permit at the time of the violation, (8) to any person charged with a violation of subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care provider or vendor participating in the state's Medicaid program charged with a violation of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123.

Any defendant who enters such program shall agree to the tolling of any statute of limitations withLCO respect5734 to{\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073493 such crime and to a waiver of the6 rightR01-HB.docx to} aRaised speedyBill trial.No.

LCO7349 No.with respect to such crime and to a waiver of the right to a speedy trial.

5734 3 of 6 Raised Bill No.7349 Any such defendant shall appear in court and shall, under such conditions as the court shall order, be released to the custody of the Court Support Services Division, except that, if a criminal docket for drug-dependent persons has been established pursuant to section 51- 181b in the judicial district, such defendant may be transferred, under such conditions as the court shall order, to the court handling such docket for supervision by such court.

If a defendant is charged with a violation of section 53-247, the court may order that as a condition of such probation the defendant undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program existsLCO and5734 is{\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073494 availableof to6 theR01-HB.docx defendant.} Raised Bill No.

LCO7349 No.exists and is available to the defendant.

5734 4 of 6 Raised Bill No.7349 (e) If the court orders the defendant to participate in a hate crimes diversion program as a condition of probation, the defendant shall pay to the court a participation fee of four hundred twenty-five dollars.

If a defendant transferred to the court handling the criminal docket for drug-dependent persons satisfactorily completes such defendant's period of supervision, the court shall release the defendant to the custody of the Court Support Services Division under such conditions as the court shall order or shallLCO dismiss5734 such{\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07349-5 charges.of 6 R01-HB.docx } Raised Bill No.

Upon7349 dismissal,shall alldismiss records of such chargescharges. shall be erased pursuant to section 54-142a, except as provided in LCO No.

5734Upon 5dismissal, all records of 6such Raisedcharges Billshall No.be erased pursuant to section 54-142a, except as provided in subsection (g) of this section.

7349 subsection (g) of this section.

Section 1 October 1, 2019 54-56e StatementJUD Joint Favorable LCO 5734 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07349- 6 of Purpose:6 R01-HB.docx }

To enable identity theft victims to access records in the case of identity theft that would otherwise be unavailable to the victim in the case of a defendant accessing accelerated rehabilitation for the purpose of correcting erroneous information concerning the victim's identity.

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.

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