SB 973 — AN ACT AUTHORIZING ACCESS TO JUVENILE DELINQUENCY RECORDS TO EVALUATE A PROPOSED TRANSFER OF A FIREARM TO A PERSON UNDER AGE TWENTY-ONE.

Senate GeneralBill Assembly File No.

380973 JanuaryPublic Session,Act 2023 Senate Bill No.

97323-25 Senate,AN AprilACT 3,AUTHORIZING 2023ACCESS TheTO CommitteeJUVENILE onDELINQUENCY PublicRECORDS SafetyTO andEVALUATE SecurityA reportedPROPOSED throughTRANSFER SEN.OF A FIREARM TO A PERSON UNDER AGE TWENTY-ONE.

GASTON of the 23rd Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.

AN ACT AUTHORIZING ACCESS TO JUVENILE DELINQUENCY RECORDS TO EVALUATE A PROPOSED TRANSFER OF A FIREARM TO A PERSON UNDER AGE TWENTY-ONE.

(d) Records of cases of juvenile matters involving delinquency proceedings shall be available to (1) Judicial Branch employees who, in theperformanceoftheirduties,requireaccesstosuchrecords,(2)judges and employees of the Probate Court who, in the performance of their duties, require accessto suchrecords,and (3) employeesandauthorized agents of municipal, state or federal agencies involved in (A) the delinquency proceedings, (B) the provision of services directly to the child, [or] (C) the delivery of court diversionary programs, or (D) the evaluation of a proposed transfer of a firearm to a person under the age of twenty-one, as required by Title II, Section 12001 of the Bipartisan SB973Safer /Communities FileAct, No.Public Law 117-159, as amended from time to time.

380Suchemployeesandauthorizedagentsinclude,but 1are SB973notlimited Fileto, law enforcement officials, community-based youth service bureau officials, state and federal prosecutorial officials, school officials in Senate Bill No.

380973 Saferaccordance Communitieswith Act,section 10-233h, court officials including officials of both the regular criminal docket and the docket for juvenile matters and officials of the Division of Criminal Justice, the Division of Public LawDefender 117-159,Services, theDepartment of Children and Families, if the child is committed pursuant to section 46b-129, provided such disclosure shall be limited to (i) information that identifies the child as amendedthe fromsubject timeof the delinquency petition, or (ii) the records of the delinquency proceedings, when the juvenile court orders the department to time.provide services to said child, the Court Support Services Division and agencies under contract with the Judicial Branch.

Suchemployeesandauthorizedagentsinclude,butSuch arerecords notlimitedshall to,also lawbe enforcementavailable officials,to community-based(I) youththe serviceattorney bureaurepresenting officials,the statechild, andincluding federalthe prosecutorialDivision officials,of schoolPublic officialsDefender Services, in accordanceany withproceeding sectionin 10-233h,which courtsuch officialsrecords includingare officialsrelevant, (II) the parents or guardian of boththe child, until such time as the regularsubject criminalof docketthe andrecord reaches the docketage forof juvenilemajority, matters(III) andthe officialssubject of the Divisionrecord, upon submission of Criminalsatisfactory Justice,proof of the Divisionsubject's identity, pursuant to guidelines prescribed by the Office of Publicthe DefenderChief Services,Court theDepartmentAdministrator, provided the subject has reached the age of Childrenmajority, (IV) law enforcement officials and Families,prosecutorial ifofficials theconducting childlegitimate iscriminalinvestigations,asprovidedinsubsection committed(o) of this section or orders to detain pursuant to section 46b-129,46b-133, (V) a state or federal agency providing services related to the collection of moneysdueorfundingtosupporttheserviceneedsofeligiblejuveniles, provided such disclosure shall be limited to (i)that information thatnecessary identifiesfor the childcollection asof and application for such moneys, (VI) members and employees of the subjectBoard of Pardons and Paroles and employees of the delinquencyDepartment petition,of orCorrection (ii)who, in the recordsperformance of their duties, require access to such records, provided the delinquencysubject proceedings,of whenthe record has been convicted of a crime in the juvenileregular courtcriminal ordersdocket of the departmentSuperior toCourt provideand servicessuch torecords saidare child,relevant to the Courtperformance Supportof Servicesa Divisionrisk and agenciesneeds underassessment contractof withsuch person while such person is incarcerated, the Judicialdetermination Branch.of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release, and Public Act No.

Such23-25 records2 shall also be available to (I) the attorney representing the child, including the Division of Public3 DefenderSenate Services,Bill in any proceeding in which such records are relevant, (II) the parents or guardian of the child, until such time as the subject of the record reaches the age of majority, (III) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority, (IV) law enforcement officials and prosecutorial officials conducting legitimate criminalinvestigations,asprovidedinsubsection (o) of this section or orders to detain pursuant to section 46b-133, (V) a state or federal agency providing services related to the collection of moneysdueorfundingtosupporttheserviceneedsofeligiblejuveniles, provided such disclosure shall be limited to that information necessary for the collection of and application for such moneys, (VI) members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been convicted of a crime in the regular criminal docket of the Superior Court and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration SB973 / File No.

380973 2(VII) SB973members Fileand No.employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records.

380 or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release, and (VII) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records.

ThisApproved actJune shall7, take2023 effectPublic asAct followsNo. and shall amend the following sections:

Section23-25 13 Julyof 1,3 2023 46b-124(d) PS Joint Favorable SB973 / File No.

380 3 SB973 File No.

380 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation This bill expands the instances in which records of cases of juvenile matters would be available to certain officials.

Because this is a definitional change, it does not result in a fiscal impact.

The Out Years State Impact:

None Municipal Impact:

None SB973 / File No.

380 4 SB973 File No.

380 OLR Bill Analysis SB 973 AN ACT AUTHORIZING ACCESS TO JUVENILE DELINQUENCY RECORDS TO EVALUATE A PROPOSED TRANSFER OF A FIREARM TO A PERSON UNDER AGE TWENTY-ONE.

SUMMARY This bill gives municipal, state, and federal agency employees and authorized agents access to juvenile delinquency case records to evaluate a proposed firearm transfer to someone under age 21, as the federal Bipartisan Safer Communities Act requires (see BACKGROUND).

By law, juvenile delinquency case records are generally confidential and for the juvenile court’s use, with exceptions in specified situations.

EFFECTIVE DATE:

July 1, 2023 BACKGROUND Bipartisan Safer Communities Act (BSCA) The BSCA prohibits firearm transfers to people who have potentially disqualifying juvenile records (P.L.

117-159, § 12001).

It expands National Instant Criminal Background Check System (NICS) background check procedures to those ages 18 to 21 to screen for disqualifying juvenile or mental health records and gives authorities up to 10 business days to make eligibility determinations.

Under this law, NICS must immediately contact three possible sources of disqualifying juvenile records for people under age 21 in the jurisdiction where they reside, including state repositories of juvenile justice information and local law enforcement agencies.

COMMITTEE ACTION Public Safety and Security Committee Joint Favorable Yea 25 Nay 0 (03/16/2023) SB973 / File No.

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