AN ACT CONCERNING THE CORRECTION ADVISORY COMMITTEE, THE USE OF ISOLATED CONFINEMENT AND TRANSPARENCY FOR C...
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SB 459 — AN ACT CONCERNING THE CORRECTION ADVISORY COMMITTEE, THE USE OF ISOLATED CONFINEMENT AND TRANSPARENCY FOR CONDITIONS OF INCARCERATION.
Last action — SIGNED BY GOVERNOR
No card. One bill, free forever — alerts when it moves.
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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 March 18, 2022. Enacted.
Prognosis
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Enacted
Current position in the legislative process.
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15 sponsors
15 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (7 D).
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
662 added · 695 removed662 line(s) added, 695 removed.
General Assembly Substitute Senate Bill No.
459 FebruaryPublic Session,Act 2022No. AN ACT CONCERNING THE CORRECTION ADVISORY COMMITTEE, THE USE OF ISOLATED CONFINEMENT AND TRANSPARENCY FOR CONDITIONS OF INCARCERATION.
22-18 AN ACT CONCERNING THE CORRECTION ADVISORY COMMITTEE, THE USE OF ISOLATED CONFINEMENT AND TRANSPARENCY FOR CONDITIONS OF INCARCERATION.
(b) The Commissioner of Correction shall hire a person to provide ombudsman services and shall annually report the name of such person to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction in accordanceSubstitute withSenate theBill provisionsNo. of section 11-4a.
In459 additionaccordance towith the LCOprovisions \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00459-R1 of 22section SB.docx11-4a. Substitute Bill No.
459In addition to the executive assistant positions authorized under subdivision (10) of section 5-198, the commissioner may hire an executive assistant to carry out the duties of this section.
(e) Notwithstanding the provisions of subsection (d) of this section, whenever in the course of providing ombudsman services, the ombudsman or a member of the ombudsman's staff becomes aware of the commission or planned commission of a criminal act or a threat to the health and safety of any person or the security of a correctional facility, the ombudsman shall notify the Commissioner of Correction or a facility administrator of such act or threat and the nature and target of thePublic actAct orNo. threat.
(f)22-18 If2 the Commissioner of Correction23 has a reasonable belief that a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0042 of 22 R02-SB.docx } Substitute Senate Bill No.
459 person eighteen years of age or younger in the custodyact of the commissioner has made or providedthreat. to the ombudsman an oral or written communication concerning a safety or security threat within the Department of Correction or directed against an employee of the department, the ombudsman shall provide to the commissioner all oral or written communications relevant to such threat.] (a) There is established the Correction Advisory Committee that shall consist of nine members.
(f) If the Commissioner of Correction has a reasonable belief that a person eighteen years of age or younger in the custody of the commissioner has made or provided to the ombudsman an oral or written communication concerning a safety or security threat within the Department of Correction or directed against an employee of the department, the ombudsman shall provide to the commissioner all oral or written communications relevant to such threat.] (a) There is established the Correction Advisory Committee that shall consist of nine members.
(6) One who has expertise in the provision of medical care to incarceratedPublic personsorAct formerlyNo. incarceratedpersons,appointedby the minority leader of the House of Representatives;
and22-18 (7)3 Three who are appointed by the Governor, one of whom23 hasSubstitute expertiseSenate inBill correctionsNo. and two of whom are directly impacted.
LCO459 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0043incarcerated ofpersonsor 22formerly R02-SB.docxincarceratedpersons,appointedby }the Substituteminority Billleader No.of the House of Representatives;
459and (b)(7) ForThree purposes of subsection (a) of this section, "directly impacted" means (1) a person who wasare previouslyappointed incarcerated within a facility operated by the departmentGovernor, andone isof nowhom longerhas underexpertise probationin orcorrections, anyone supervision by the department, or (2) a family member of awhom personhas describedexpertise in subdivisionmedication (1)in of this subsection or of a personcorrectional whosetting isand inone the custody of thewhom Commissioneris ofdirectly Correction.impacted.
(b) For purposes of subsection (a) of this section, "directly impacted" means (1) a person who was previously incarcerated within a facility operated by the department and is no longer under probation or any supervision by the department, or (2) a family member of a person described in subdivision (1) of this subsection or of a person who is in the custody of the Commissioner of Correction.
Any appointing authority who withdraws an appointment shall, not later than ten days after such withdrawal, submit a new letter to such joint standingPublic committeeAct ofNo. the General Assembly designating a different appointment or appointments, which shall initiate the hearing and approval or withdrawal process pursuant to subdivision (1) of this subsection and this subdivision for such appointment or appointments.
22-18 4 of 23 Substitute Senate Bill No.
459 standing committee of the General Assembly designating a different appointment or appointments, which shall initiate the hearing and approval or withdrawal process pursuant to subdivision (1) of this subsection and this subdivision for such appointment or appointments.
Such chairpersons shall schedule the first meeting of said committee, which shall be held not later than sixty days LCOafter {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0044the ofeffective 22date R02-SB.docxof }this Substitutesection. Bill No.
459 after the effective date of this section.
(i) TheAny state of Connecticut shall protect and hold harmless any committee member fromshall financialbe lossindemnified and expense,represented including legal fees and costs, if any, arising out of any claim, demand or suit for damages resulting from acts or omissions committed in the discharge of the member's official duties pursuant to this section which may constitute negligence but which acts are not wanton, malicious or grossly negligent as determined by aPublic courtAct ofNo. competent jurisdiction.
22-18 5 of 23 Substitute Senate Bill No.
459 the Attorney General pursuant to section 5-141d.
(1) Submit a list of candidates for Correction Ombuds for the LCOGovernor's {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0045consideration, ofpursuant 22to R02-SB.docxsubsection }(k) Substituteof Billthis No.section;
459(2) Governor'sReview consideration,the actions of the Correction Ombuds pursuant to subsectionsection (k) of this section;act;
(2) Review the actions of the Correction Ombuds pursuant to section 2 of this act;
If at any time any of the candidatesPublic withdrawAct fromNo. consideration prior to confirmation by the General Assembly, the designation shall be made from the remaining candidates on the list submitted to the Governor.
22-18 6 of 23 Substitute Senate Bill No.
459 candidates withdraw from consideration prior to confirmation by the General Assembly, the designation shall be made from the remaining candidates on the list submitted to the Governor.
If the General Assembly is not in session, the designated candidate shall serve as LCOacting {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0046Correction Ombuds and be entitled to the compensation, privileges and powers of 22the R02-SB.docxCorrection }Ombuds Substituteuntil Billthe No.General Assembly meets to take action on said appointment.
459 acting Correction Ombuds and be entitled to the compensation, privileges and powers of the Correction Ombuds until the General Assembly meets to take action on said appointment.
(A)Public EvaluatingAct theNo. delivery of services to incarcerated persons by the Department of Correction;
(B)22-18 Reviewing7 periodically the procedures established by the department to carry out the provisions of title23 18Substitute ofSenate theBill generalNo. statutes and evaluating whether such procedures conflict with the rights of incarcerated persons;
(C)459 Receiving(A) communicationsEvaluating from persons in the custodydelivery of theservices Commissionerto ofincarcerated Correctionpersons regardingby decisions,the actions,Department omissions, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0047 of 22Correction; R02-SB.docx } Substitute Bill No.
459(B) policies,Reviewing procedures,periodically rulesthe ornonemergency regulationsprocedures established by the department to carry out the provisions of title 18 of the department;general statutes and evaluating whether such procedures conflict with the rights of incarcerated persons;
(C) Receiving communications from persons in the custody of the Commissioner of Correction regarding decisions, actions, omissions, policies, procedures, rules or regulations of the department;
(E) Reviewing the operation of correctional facilitieandfacilitiesand nonemergency procedures employed at such facilities.
(b) Notwithstanding any provision of the general statutes, the CorrectionPublic OmbudsAct shallNo. act independently of any department in the performance of the office's duties.
22-18 8 of 23 Substitute Senate Bill No.
459 Correction Ombuds shall act independently of any department in the performance of the office's duties.
Show all 112 changed lines (72 more)
Any LCOlegal {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00458or ofcourt 22fees R02-SB.docxobtained }by Substitutethe Billstate No.in actions brought by the Correction Ombuds shall be deposited in the General Fund.
459 legal or court fees obtained by the state in actions brought by the Correction Ombuds shall be deposited in the General Fund.
(f) All oral and written communications, and records relating to such communications between a person in the custody of the Commissioner of Correction and the Correction Ombuds or a member of the Office of the Correction Ombuds staff, including, but not limited to, the identity of a complainant, the details of the communications and the Correction Ombuds' findings shall be confidential and shall not be disclosed without the consent of such person, except that the Correction Ombuds may disclose without the consent of such person general findings or policyPublic recommendationsAct basedNo. on such communications, provided no individually identifiable information is disclosed.
22-18 9 of 23 Substitute Senate Bill No.
459 policy recommendations based on such communications, provided no individually identifiable information is disclosed.
(g) Notwithstanding the provisions of subsection (f) of this section, whenever in the course of carrying out the Correction Ombuds' duties, the Correction Ombuds or a member of the Office of the Correction Ombudsstaffbecomesawareofthecommissionorplannedcommission of a criminal act or threat that the Correction Ombuds reasonably believes is likely to result in death or substantial bodily harm, the LCOCorrection {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0049Ombuds shall notify the Commissioner of 22Correction R02-SB.docxor }an Substituteadministrator Billof No.any correctional facility housing the perpetrator or potential perpetrator of such act or threat and the nature and target of the act or threat.
459 Correction Ombuds shall notify the Commissioner of Correction or an administrator of any correctional facility housing the perpetrator or potential perpetrator of such act or threat and the nature and target of the act or threat.
(i) In the performance of the responsibilities provided for in this section,Public theAct CorrectionNo. Ombuds may communicate privately with any person in the custody of the commissioner.
22-18 10 of 23 Substitute Senate Bill No.
459 section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner.
(k) The name, address and other personally identifiable information of a person who makes a complaint to the Correction Ombuds, LCOinformation {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0010obtained or generated by the Office of 22the R02-SB.docxCorrection }Ombuds Substitutein Billthe No.course of an investigation and all confidential records obtained by the Correction Ombuds or the office shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, or otherwise except as provided in subsections (f) and (g) of this section.
459 information obtained or generated by the Office of the Correction Ombuds in the course of an investigation and all confidential records obtained by the Correction Ombuds or the office shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, or otherwise except as provided in subsections (f) and (g) of this section.
(m) Not later than December 1, 2023, and annually thereafter, the CorrectionOmbudsshallsubmit areport,inaccordanceareport,in accordance withsection 11- 4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction regarding the conditions of confinement in the state's correctional facilities and halfway houses.
Such report shall detail the CorrectionPublic Ombuds'Act findingsNo. and recommendations.
22-18 11 of 23 Substitute Senate Bill No.
459 Correction Ombuds' findings and recommendations.
LCO(5) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-004511"Grievance" ofmeans 22a R02-SB.docxformal }complaint Substitutefiled Billby No.any incarcerated person with the internal grievance system or the department;
459 (5) "Grievance" means a formal complaint filed by any incarcerated person with the internal grievance system or the department;
(B) For all incarcerated persons in the general population, four and a halfPublic hoursAct perNo. day, on and after October 1, 2022;
22-18 12 of 23 Substitute Senate Bill No.
459 half hours per day, on and after October 1, 2022;
[(2)] (10) "Restrictive housing status" means [the designation] any classification of an [inmate] incarcerated person by the Department of Correction that [provides for] requires closely regulated management andseparationofsuch [inmate fromother inmates.]incarceratedperson from other incarcerated persons, including, but not limited to, administrative segregation status, punitive segregation status, transfer LCOdetention {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0012status, ofadministrative 22detention R02-SB.docxstatus, }security Substituterisk Billgroup No.status, chronic discipline status, special needs status and protective custody status;
459 detention status, administrative detention status, security risk group status, chronic discipline status, special needs status and protective custody status;
Use of force includes, but is not limitedPublic to,Act theNo. use of restraints, chemical agents, canines or munitions or forcible extraction from a cell, other than in response to a psychiatric emergency.
22-18 13 of 23 Substitute Senate Bill No.
459 limited to, the use of restraints, chemical agents, canines or munitions or forcible extraction from a cell, other than in response to a psychiatric emergency.
(c)Any use of isolatedconfinementisolated confinement shallmaintaintheleast restrictive environment necessary for the safety of incarcerated persons and staff, and the security of the facility.
LCO(2) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0013Ensure ofregular 22monitoring R02-SB.docxto }ensure Substitutesuch Billperson's No.safety and well-being, including a daily check-in from a therapist;
459 (2) Ensure regular monitoring to ensure such person's safety and well-being, including a daily check-in from a therapist;
and (C)Public NotAct lessNo. than two hours out of cell per day, including at least one hour for recreational purposes.
22-18 14 of 23 Substitute Senate Bill No.
459 (C) Not less than two hours out of cell per day, including at least one hour for recreational purposes.
(g) The department shall not impose a lockdown upon an entire correctional facility or part of a correctional facility for purposes of training department staff for more than twenty-four cumulative hours LCOduring {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0014any ofthirty-day 22period. R02-SB.docx } Substitute Bill No.
459 during any thirty-day period.
(1)Public TheAct frequency,No. cause and duration of lockdowns;
22-18 15 of 23 Substitute Senate Bill No.
459 (1) The frequency, cause and duration of lockdowns;
(1)The number of [inmatesonrestrictive housing status]incarcerated persons in isolated confinement in this state's correctional facilities, as LCOof {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0015the first day of 22each R02-SB.docxof }the Substitutetwelve Billmonths No.preceding the date of the submission of the report [.
459The ofdepartment shall report and disaggregate such data based on an inmate's age, gender identity, ethnicity, mental health score as calculated by the firstdepartment, dayif any, and the form and phase of eachhousing in which such inmate is held on restrictive housing status] and the total number of persons subjected to isolated confinement during the twelve months preceding the date of thePublic submissionAct ofNo. the report [.
The22-18 department16 shall report and disaggregate such data based on an inmate's age, gender identity, ethnicity, mental health score as calculated by the department, if any, and the form and phase of housing23 inSubstitute whichSenate suchBill inmateNo. is held on restrictive housing status] and the total number of persons subjected to isolated confinement during the twelve months preceding the date of submission of the report;
459 submission of the report;
LCO(K) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0016Two ofthousand 22five R02-SB.docxhundred }fifty-six Substituteto Billtwo No.thousand nine hundred twenty days;
459 (K) Two thousand five hundred fifty-six to two thousand nine hundred twenty days;
(M)Public ThreeAct thousandNo. two hundred eighty-six to three thousand six hundred fifty days;
22-18 17 of 23 Substitute Senate Bill No.
459 (M) Three thousand two hundred eighty-six to three thousand six hundred fifty days;
(4) [Actions taken by the department during the twelve months preceding the date of the submission of the report to minimize reliance on administrative segregation status and to mitigate the harmful effects of administrative segregation status on inmates, staff and the public.] Monthly reports showing the total number of incarcerated persons LCOagainst {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0017whom ofthe 22department R02-SB.docxhas }used Substituteforce, Billincluding No.use of the following:
459 against whom the department has used force, including use of the following:
(B)Public FullAct stationaryNo. restraints;
22-18 18 of 23 Substitute Senate Bill No.
459 (B) Full stationary restraints;
and LCO(8) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0018External jobs held by incarcerated persons working for outside employers, including thejobtitle,hourly wage paid,the number ofsuch persons in each position as of 22the R02-SB.docxfirst }of Substituteeach Billmonth and the name of Public Act No.
45922-18 (8)19 External jobs held by incarcerated persons working for outside employers, including thejobtitle,hourly wage paid,the number ofsuch persons in each position as of the23 firstSubstitute ofSenate eachBill monthNo. and the name of each employer.
459 each employer.
LCOPublic {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0019Act of 22 R02-SB.docx } Substitute Bill No.
22-18 20 of 23 Substitute Senate Bill No.
The personnel, payroll, affirmative action and administrative and business office functions of said offices, commission, council and boardsPublic shallAct beNo. merged and consolidated within the Office of Governmental Accountability.
LCO22-18 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-002021 of 2223 R02-SB.docx } Substitute Senate Bill No.
459 (c)boards Theshall executivebe administratormerged mayand employconsolidated necessarywithin staff to carry out the administrative functions of the Office of Governmental Accountability,Accountability. within available appropriations.
(c) The executive administrator may employ necessary staff to carry out the administrative functions of the Office of Governmental Accountability, within available appropriations.
[and] (F) the chairperson of the State Contracting StandardsPublic BoardAct establishedNo. under section 4e-2, or the chairperson's designee;
22-18 22 of 23 Substitute Senate Bill No.
459 Standards Board established under section 4e-2, or the chairperson's designee;
The Governmental Accountability Commission shall LCOselect {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0021a ofchairperson 22who R02-SB.docxshall }preside Substituteat Billmeetings No.of the commission.
459 select a chairperson who shall preside at meetings of the commission.
ThisApproved actMay shall10, take2022 effectPublic asAct followsNo. and shall amend the following sections:
Section22-18 123 fromof passage23 18-81jj Sec.
2 July 1, 2022 New section Sec.
3 July 1, 2022 18-96b Sec.
4 July 1, 2022 1-300 Sec.
5 from passage 1-301(a) JUD Joint Favorable Subst.
APP Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00459-22 of 22 R02-SB.docx }
Show all 112 changed rows (72 more)
View plain text versions (5)
- Chaptered Public Act No. 22-18 Current pdf
- APP Joint Favorable View text pdf
- File No. 524 View text pdf
- Raised Bill View text pdf
- Substitute JUD Joint Favorable Substitute pdf
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 22-18
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IN CONCURRENCE
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HOUSE PASSED, SEN. AMEND. SCH. A
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HOUSE ADOPTED SEN. AMEND. SCH. A
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RULES SUSPENDED
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HOUSE CALENDAR NUMBER 513
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FAV. RPT., TABLED FOR HOUSE 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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FAV. RPT., TAB. FOR CAL., SEN.
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NO NEW FILE BY COMM. ON Appropriations
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RPTD. OUT OF LCO
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FILED WITH LCO
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Joint Favorable
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REF. BY SEN. TO COMM. ON Appropriations
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FILE NO. 524
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SENATE CALENDAR NUMBER 387
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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 04/19/22
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0325
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REF. TO JOINT COMM. ON Judiciary
Sponsors
- Edwin Vargas · Primary
- Kenneth M Gucker · Primary
- Michael A. Winkler · Primary
- John K. Hampton · Primary
- Travis Simms · Primary
- Saud Anwar · Primary
- Geraldo C. Reyes · Primary
- Brian T. Smith · Primary
- David Michel · Primary
- Anne M. Hughes · Primary
- Patricia A. Dillon · Primary
- Christopher Rosario · Primary
- Maryam Khan · Primary
- Martin M. Looney · Primary
- Hubert D. Delany · Primary
Sponsorship breakdown
Export CSV (upgrade) →15 sponsors · 0 co-sponsors · 172 not signed on
Sponsors (15)
- Vargas, Edwin
- Gucker, Kenneth M
- Winkler, Michael A.
- Hampton, John K.
- Travis Simms Democratic
- Saud Anwar Democratic
- Geraldo C. Reyes Democratic
- Smith, Brian T.
- Michel, David
- Anne M. Hughes Democratic
- Patricia A. Dillon Democratic
- Christopher Rosario Democratic
- Khan, Maryam
- Martin M. Looney Democratic
- Delany, Hubert D.
Co-sponsors (0)
None.
Not signed on (172)
172 members have not signed on to this bill.
Show all 172 →"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 459?
- SB 459 is sponsored by Vargas, Edwin, Gucker, Kenneth M, Winkler, Michael A., Hampton, John K., Travis Simms (Democratic), Saud Anwar (Democratic), Geraldo C. Reyes (Democratic), Smith, Brian T., Michel, David, Anne M. Hughes (Democratic), Patricia A. Dillon (Democratic), Christopher Rosario (Democratic), Khan, Maryam, Martin M. Looney (Democratic), and Delany, Hubert D..
- What is the current status of SB 459?
- This bill has been enacted into law. Introduced March 18, 2022. Enacted.
- Where can I track SB 459?
- Track SB 459 free on One Click Politics — get push/email alerts when it moves.
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