Connecticut 2019 Regular Session Status: In Committee 8 D cosponsors

SB 691 — AN ACT CONCERNING ERASURE OF CERTAIN MISDEMEANOR CRIMINAL RECORDS AND EXPEDITED PARDONS REVIEW FOR CERTAIN FELONY OFFENSES.

Last action — FILE NO. 832

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

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

276 added · 20 removed

276 line(s) added, 20 removed.

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General Assembly Proposed Bill No.
General Assembly Committee Bill No.
2897 Referred to Committee on JUDICIARY Introduced by:
6436 Referred to Committee on JUDICIARY Introduced by:
(JUD) AN ACT CONCERNING ERASURE OF CRIMINAL RECORDS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1.
Section 54-142a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
(a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken.
Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.
(b) Whenever in any criminal case prior to October 1, 1969, the accused, by a final judgment, was found not guilty of the charge or the charge was dismissed, all police and court records and records of the LCO No.
6436 1 of 9 Committee Bill No.691 state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased by operation of law and the clerk or any person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased;
provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition for erasure with the court granting such not guilty judgment or dismissal, or, where the matter had been before a municipal court, a trial justice, the Circuit Court or the Court of Common Pleas with the records center of the Judicial Department and thereupon all police and court records and records of the state's attorney, prosecuting attorney or prosecuting grand juror pertaining to such charge shall be erased.
Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect.
(c) (1) Whenever any charge in a criminal case has been nolled in the Superior Court, or in the Court of Common Pleas, if at least thirteen months have elapsed since such nolle, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased, except that in cases of nolles entered in the Superior Court, Court of Common Pleas, Circuit Court, municipal court or by a justice of the peace prior to April 1, 1972, such records shall be deemed erased by operation of law and the clerk or the person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased, provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition to the court or to the records center of the Judicial Department, as the case may be, to have such records erased, in which case such records shall be erased.
(2) Whenever any charge in a criminal case has been continued at the request of the prosecuting attorney, and a period of thirteen months has elapsed since the granting of such continuance during LCO No.
6436 2 of 9 Committee Bill No.691 which period there has been no prosecution or other disposition of the matter, the charge shall be nolled upon motion of the arrested person and such erasure may thereafter be effected or a petition filed therefor, as the case may be, as provided in this subsection for nolled cases.
(d) (1) Whenever prior to October 1, 1974, any person who has been convicted of an offense in any court of this state has received an absolute pardon for such offense, such person or any one of his heirs may, at any time subsequent to such pardon, file a petition with the superior court at the location in which such conviction was effected, or with the superior court at the location having custody of the records of such conviction or with the records center of the Judicial Department if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice court, for an order of erasure, and the Superior Court or records center of the Judicial Department shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such case to be erased.
(2) Whenever such absolute pardon was received on or after October 1, 1974, such records shall be erased.
(e) (1) For any individual who has ever been convicted of a misdemeanor or a felony in any court of this state:
(A) All of such individual's criminal history record information, as defined in subsection (a) of section 54-142g, shall be erased by operation of law three years following the completion of any sentence imposed as a result of such individual's most recent conviction for a misdemeanor offense or five years following the completion of any sentence imposed as a result of such individual's most recent conviction for a felony offense, whichever comes later;
(B) Notice of the erasure shall immediately be sent to all persons, agencies, officials or institutions known to have information pertaining to the criminal history record information.
Reasonable efforts shall be made to send notice of the erasure to the individual whose records LCO No.
6436 3 of 9 Committee Bill No.691 have been erased not later than thirty calendar days after such erasure;
(C) If an individual has been convicted of an offense in any court in this state and such offense has been decriminalized subsequent to the date of such conviction, such conviction shall not be considered when evaluating such individual's criminal history record information for the purposes of this subsection;
and (D) Erasure under this subsection shall not be granted (i) to any individual who has a conviction for a violation of section 53a-45, 53a- 54a, 53a-54b, 53a-54c, 53a-55, 53a-55a, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-64aa, 53a-70, 53a-70a, 53a-92, 53a-92a, 53a-101, 53a-111, 53a-112, 53a-134, 53a-167c or 53a-181c, or (ii) to any individual who has pending charges or an open criminal case in any jurisdiction.
(2) Nothing in this subsection shall limit any other procedure for erasure of criminal history record information or prohibit an individual from participating in any such procedure, even if such individual's criminal history record information has been erased under this subsection.
(3) No fee shall be charged with respect to any erasure under this subsection.
[(e)] (f) (1) The clerk of the court or any person charged with retention and control of such records in the records center of the Judicial Department or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under any provision of this section and such clerk or person charged with the retention and control of such records shall forward a notice of such erasure to any law enforcement agency to which he knows information concerning the arrest has been disseminated and such disseminated information shall be erased from LCO No.
6436 4 of 9 Committee Bill No.691 the records of such law enforcement agency.
Such clerk or such person, as the case may be, shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records or upon the request of the accused cause the actual physical destruction of such records, except that such clerk or such person shall not cause the actual physical destruction of such records until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain.
(2) No fee shall be charged in any court with respect to any petition under this section.
(3) Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.
[(f)] (g) Upon motion properly brought, the court or a judge of such court, if such court is not in session, shall order disclosure of such records (1) to a defendant in an action for false arrest arising out of the proceedings so erased, or (2) to the prosecuting attorney and defense counsel in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial, or any false statement charges, or any proceeding held pursuant to section 53a-40b, or (3) counsel for the petitioner and the respondent in connection with any habeas corpus or other collateral civil action in which evidence pertaining to a nolled or dismissed criminal charge may become relevant.
Such disclosure of such records is subject also to any records destruction program pursuant to which the records may have been destroyed.
The jury charge in connection with erased offenses may be ordered by the judge for use by the judiciary, provided the names of the accused and the witnesses are omitted therefrom.
[(g)] (h) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting LCO No.
6436 5 of 9 Committee Bill No.691 attorney with respect to any information or indictment containing more than one count (1) while the criminal case is pending, or (2) when the criminal case is disposed of unless and until all counts are entitled to erasure in accordance with the provisions of this section, except that when the criminal case is disposed of, electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section.
Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 51-5c.
For the purposes of this subsection, "electronic record" means any police or court record or the record of any state's attorney or prosecuting attorney that is an electronic record, as defined in section 1-267, or a computer printout.
[(h)] (i) For the purposes of this section, "court records" shall not include a record or transcript of the proceedings made or prepared by an official court reporter, assistant court reporter or monitor.
Sec.
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2.
Section 54-142d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
Whenever any person has been convicted of an offense in any court in this state and such offense has been decriminalized subsequent to the date of such conviction [, such person may file a petition with the superior court at the location in which such conviction was effected, or with the superior court at the location having custody of the records of such conviction or with the records center of the Judicial Department if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice, for an order of erasure, and] the Superior Court or records center of the Judicial Department shall immediately direct all police and court records and records of the state's or prosecuting attorney pertaining to such case to be physically destroyed.
Sec.
3.
Section 54-142e of the general statutes is repealed and the LCO No.
6436 6 of 9 Committee Bill No.691 following is substituted in lieu thereof (Effective October 1, 2019):
(a) Notwithstanding the provisions of subsection [(e)] (f) of section 54-142a, as amended by this act, and section 54-142c, with respect to any person, including, but not limited to, a consumer reporting agency as defined in subsection (i) of section 31-51i, that purchases criminal matters of public record, as defined in said subsection (i), from the Judicial Department, the department shall make available to such person information concerning such criminal matters of public record that have been erased pursuant to section 54-142a, as amended by this act.
Such information may include docket numbers or other information that permits the person to identify and permanently delete records that have been erased pursuant to section 54-142a, as amended by this act.
(b) Each person, including, but not limited to, a consumer reporting agency or a background screening provider or similar data-based service or company, that has purchased records of criminal matters of public record from the Judicial Department shall, prior to disclosing such records, (1) purchase from the Judicial Department, on a monthly basis, [or on such other schedule as the Judicial Department may establish,] any updated criminal matters of public record or information available for the purpose of complying with this section and section 54-142a, as amended by this act, and (2) update its records of criminal matters of public record to permanently delete such erased records not later than thirty calendar days after receipt of information on the erasure of criminal records pursuant to section 54-142a, as amended by this act.
Such person shall not further disclose such erased records.
Sec.
4.
Subsection (d) of section 54-142k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
(d) Nonconviction information shall be available to the subject of the information and to the subject's attorney pursuant to this LCO No.
6436 7 of 9 Committee Bill No.691 subsection and subsection (e) of this section.
Any person shall, upon satisfactory proof of the person's identity, be entitled to inspect, for purposes of verification and correction, any nonconviction information relating to the person and upon the person's request shall be given a computer printout or photocopy of such information for which a reasonable fee may be charged, provided no erased record may be released except as provided in subsection [(f)] (g) of section 54-142a, as amended by this act.
Before releasing any exact reproductions of nonconviction information to the subject of the information, the agency holding such information may remove all personal identifying information from such reproductions.
Sec.
5.
Subsection (a) of section 54-142s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Criminal Justice Information System Governing Board shall design and implement a comprehensive, state-wide information technology system to facilitate the immediate, seamless and comprehensive sharing and erasure of information between all state agencies, departments, boards and commissions having any cognizance over matters relating to law enforcement and criminal justice, and organized local police departments and law enforcement officials.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2019 54-142a Sec.
2 October 1, 2019 54-142d Sec.
3 October 1, 2019 54-142e Sec.
4 October 1, 2019 54-142k(d) Sec.
5 October 1, 2019 54-142s(a) Statement of Purpose:
To provide for the automatic erasure of criminal records in the case of misdemeanor offenses after three years following the completion of the LCO No.
6436 8 of 9 Committee Bill No.
691 sentence for the person's most recent misdemeanor offense, and in the case of certain felony offenses after five years following the completion of the sentence for the person's most recent felony offense.
[Proposed deletions are enclosed in brackets.
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.] Co-Sponsors:
LOONEY, 11th Dist.
LOONEY, 11th Dist.;
MARONEY, 14th Dist.
SEN.
MOORE, 22nd Dist.
MCCRORY, 2nd Dist.;
MCCRORY, 2nd Dist.
CASSANO, 4th Dist.
BRADLEY, 23rd Dist.
WINFIELD, 10th Dist.;
CASSANO, 4th Dist.
COHEN, 12th Dist.
KUSHNER, 24th Dist.
ABRAMS, 13th Dist.;
WINFIELD, 10th Dist.
MARONEY, 14th Dist.
HASKELL, 26th Dist.
MOORE, 22nd Dist.;
COHEN, 12th Dist.
BRADLEY, 23rd Dist.
FLEXER, 29th Dist.
KUSHNER, 24th Dist.;
ABRAMS, 13th Dist.
HASKELL, 26th Dist.
FLEXER, 29th Dist.;
SEN.
AN ACT CONCERNING THE EXPUNGEMENT OF CRIMINAL RECORDS.
REP.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
ROSE, 118th Dist.;
That title 54 of the general statutes be amended to create a system of expungement of criminal records for offenders who have remained offense-free for a significant period following the end of his or her sentence.
REP.
Statement of Purpose:
STAFSTROM, 129th Dist.
To create a system of expungement of criminal records for offenders who have remained offense-free for a significant period following the end of his or her sentence.
REP.
LCO No.
ELLIOTT, 88th Dist.;
2897 1 of 1
REP.
DIMASSA, 116th Dist.
REP.
ROSARIO, 128th Dist.
S.B.
691 LCO No.
6436 9 of 9
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Action History

  1. FILE NO. 832

  2. SENATE CALENDAR NUMBER 434

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

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/29/19

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0329

  9. REF. TO JOINT COMM. ON Judiciary

  10. DRAFTED BY COMMITTEE

  11. Vote to Draft

  12. REF. TO JOINT COMM. ON Judiciary

Sponsors

  • Marilyn Moore · Primary
  • Julio A. Concepcion · Primary
  • Christopher Rosario · Primary
  • Kim Rose · Primary
  • Robyn A. Porter · Primary
  • Juan R. Candelaria · Primary
  • Michael A. DiMassa · Primary
  • Steve Cassano · Primary
  • Philip L. Young · Primary
  • David Michel · Primary
  • Mary Daugherty Abrams · Primary
  • Will Haskell · Primary
  • Josh Elliott · Primary
  • Steven J. Stafstrom · Primary
  • Geraldo C. Reyes · Primary
  • Anthony L. Nolan · Primary
  • Dennis A. Bradley · Primary
  • Kerry Szeps Wood · Primary
  • Michael D'Agostino · Primary
  • Joseph P. Gresko · Primary
  • Gary A. Winfield · Primary
  • Bob Duff · Primary
  • Christine Cohen · Primary
  • Martin M. Looney · Primary
  • Norman Needleman · Primary
  • Douglas McCrory · Primary
  • James J. Maroney · Primary
  • Julie Kushner · Primary

Sponsorship breakdown

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28 sponsors · 0 co-sponsors · 159 not signed on

Sponsors (28)

Co-sponsors (0)

None.

Not signed on (159)

159 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors SB 691?
SB 691 is sponsored by Marilyn Moore, Concepcion, Julio A., Rosario, Christopher, Rose, Kim, Porter, Robyn A., Candelaria, Juan R., DiMassa, Michael A., Cassano, Steve, Young, Philip L., Michel, David, Daugherty Abrams, Mary, Haskell, Will, Elliott, Josh, Stafstrom, Steven J., Reyes, Geraldo C., Nolan, Anthony L., Bradley, Dennis A., Wood, Kerry Szeps, D'Agostino, Michael, Gresko, Joseph P., Gary A. Winfield (Democratic), Bob Duff (Democratic), Christine Cohen (Democratic), Martin M. Looney (Democratic), Norman Needleman (Democratic), Douglas McCrory (Democratic), James J. Maroney (Democratic), and Julie Kushner (Democratic).
What is the current status of SB 691?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 691?
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