HB 6917 — AN ACT CONCERNING VARIOUS REVISIONS TO THE CRIMINAL LAW AND CRIMINAL JUSTICE STATUTES.

7876917 30-89, subsection (c) or (d) of section 30-117, section 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 31-40, 31-44, 31-47 or 31-48, subsection (b) of section 31-48b, section 31-51, 31-51g, 31-52, 31-52a, 31-53 or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31- 134, subsection (i) of section 31-273, section 31-288, 31-348, 33-624, 33- 1017, 34-13d or 34-412, subdivision (1) of section 35-20, subsection (a) of section 36a-57, subsection (b) of section 36a-665, section 36a-699, 36a- 739, 36a-787, 38a-2 or 38a-140, subsection (a) or (b) of section 38a-278, section38a-479qq, 38a-479rr,38a-506,38a-548,38a-626,38a-680,38a-713, 38a-733, 38a-764, 38a-786, 38a-828, 38a-829, 38a-885, 42-133hh, 42-230, 42-470 or 42-480, subsection (a) or (c) of section 43-16q, section 45a-283, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46a-81b, 46b-22, 46b-24, 46b-34, 46b-38d, 47-34a, 47-47 or 47-53, subsection (i) of section 47a-21, subdivision (1) of subsection (k) of section 47a-21, section 49-2a, 49-8a, 49-16, 52-143 or 52-289, subsection (j) of section 52-362, section 53-133, 53-199, 53-212a, 53-249a, 53-252, 53- 264, 53-280, 53-290a, 53-302a,53-303e, 53-311a,53-314,53-321,53-322,53- 323 or 53-331, subsection (b) of section 53-343a, section 53-344, subsection (b) or (c) of section 53-344b, subsection (b) of section 53-345a, section 53-377, 53-422 or 53-450 or subsection (i) of section 54-36a, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.

Subsection (f) of section 29-6d of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1,Public 2023):Act No.

23-47 10 of 15 Substitute House Bill No.

6917 1, 2023):

Public disclosure may be delayed if the officer, due to a medical or physical response or an acute psychological sHB6917 / File No.

787 sHB6917 File No.

787 stress response to the incident, is not reasonably able to review a recording under this subdivision, but in no event shall disclosure be delayed more than one hundred forty-four hours following the recorded event.

(2)Ifarequestismadeforpublicdisclosureofarecordingfrombody- worn recording equipment or a dashboard camera of an incident about which (A) a police officer has not been asked to give a formal statement about the alleged use of force, or (B) a disciplinary investigation has not been initiated, any police officer whose image or voice is captured on the recording shall have the right to review such recording in the presence of the officer's attorney or labor representative.

Not later than forty-eight hours following an officer's review of a recording under this subdivision,or iftheofficer doesnotreviewtherecording,notlaterthan ninety-six hours following the request for disclosure, whichever is earlier, such recording shall be disclosed to the public, subject to the provisions of subsection (g) of this section.

(2)Ifarequestismade forpublicdisclosureofarecordingfrombody- worn recording equipment or a dashboard camera of an incident about which (A) a police officer has not been asked to give a formal statement about the alleged use of force, or (B) a disciplinary investigation has not been initiated, any police officer whose image or voice is captured on the recording shall have the right to review such recording in the presence of the officer's attorney or labor representative.

Not later than forty-eight hours following an officer's review of a recording under this subdivision,or iftheofficer doesnotreviewtherecording,notlaterthan ninety-six hours following the request for disclosure, whichever is earlier, such recording shall be disclosed to the public, subject to the Public Act No.

23-47 11 of 15 Substitute House Bill No.

6917 provisions of subsection (g) of this section.

Public disclosure may be delayed if the officer, due to a medical or physical response or an acute psychological stress response to the incident, is not reasonably able to review a recording under this subdivision, but in no event shall disclosure be delayed more than one hundred forty-four hours following the recorded event.

(3) "Sexual contact" means (A) any contact with the intimate parts of a person for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person or any contact of the intimate parts of the actor with a person for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person, or (B) for the purposes of subdivision (4) of subsection (a) of section 53a-73a, as amended by this act, any contact with the intimate parts of a dead human body, or any contact of the intimate parts of the actor with a dead human body, for the purpose of sexual gratification of sHB6917the /actor. File No.

787 sHB6917 File No.

787 the actor.

(1) Such person subjects another person to sexual contact who is (A) under thirteen years of age and the actor is more than two years older than such other person, or (B) thirteen years of age or older but under fifteen years of age and the actor is more than three years older than such other person, or (C) physically helpless, or (D) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (E) in custody oflawor detainedinahospitalor other institutionandtheactor hasPublic supervisoryAct orNo. disciplinary authority over such other person;

23-47 12 of 15 Substitute House Bill No.

6917 has supervisory or disciplinary authority over such other person;

or [(6)] (7) such person is a school employee andandsubjects subjects another personto sexualcontact who isastudent enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor;

or [(7)] (8) such person is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects another person to sexual contact who is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or sHB6917(B) /is Fileunder No.eighteen years of age;

787or sHB6917[(8)] File(9) No.such person subjects another person to sexual contact and (A) the actor is twenty years of age or older and stands in a positionof power,authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and (B) such other person is under eighteen years of age;

787 (B) is under eighteen years of age;

or [(8)] (9) such person subjects another person to sexual contact and (A) the actor is twenty years of age or older and stands in a positionof power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and (B) such other person is under eighteen years of age;

(b)Public SexualAct assaultNo. in the fourth degree is a class A misdemeanor or, if the victim of the offense is under sixteen years of age, a class D felony.

23-47 13 of 15 Substitute House Bill No.

6917 (b) Sexual assault in the fourth degree is a class A misdemeanor or, if the victim of the offense is under sixteen years of age, a class D felony.

(d) Prior to holding a session to consider whether to grant any commutationofpunishment,releaseor pardoninthecase ofany person sHB6917convicted /of Fileany offense against the state, the board shall, upon written request, provide the state's attorney for the jurisdictional district in which any conviction for such offense was obtained with a copy of the convicted person's application, any materials and documentation filed in support thereof, except for any information contained in the application, materials and documentation that are confidential, privileged and nondisclosable pursuant to state or federal law, any information obtained by the board about the convicted person pursuant to section 54-130c, and shall permit such state's attorney, or such state's Public Act No.

78723-47 sHB691714 Fileof 15 Substitute House Bill No.

7876917 convicted of any offense against the state, the board shall, upon written request, provide the state's attorney for the jurisdictional district in which any conviction for such offense was obtained with a copy of the convicted person's application, any materials and documentation filed in support thereof, except for any information contained in the application, materials and documentation that are confidential, privileged and nondisclosable pursuant to state or federal law, any information obtained by the board about the convicted person pursuant to section 54-130c, and shall permit such state's attorney, or such state's attorney's designee, to appear at such session for the purpose of making a statement for the record concerning whether the convicted person should be granted any such commutation of punishment, release or pardon.

sHB6917[(g)](h) /The Fileboardshallnot No.deny any applicationfor apardon,unless the board provides a statement in writing to the applicant of the factors considered when determining whether the applicant qualified for the pardon and an explanation as to which factors were not satisfied.

787Approved sHB6917June File13, 2023 Public Act No.

78723-47 [(g)](h)15 The boardshallnot deny any applicationfor a pardon,unless the board provides a statement in writing to the applicant of the15 factors considered when determining whether the applicant qualified for the pardon and an explanation as to which factors were not satisfied.

This act shall take effect as follows and shall amend the following sections:

Section 1 October 1, 2023 53a-39 Sec.

2 October 1, 2023 17a-566(a) Sec.

3 October 1, 2023 18-100h(a) Sec.

4 October 1, 2023 21a-279a(k) Sec.

5 October 1, 2023 14-36(i) Sec.

6 October 1, 2023 14-215(b) Sec.

7 October 1, 2023 51-164n(b) Sec.

8 October 1, 2023 29-6d(f) Sec.

9 October 1, 2023 53a-65(3) Sec.

10 October 1, 2023 53a-73a Sec.

11 October 1, 2023 54-130a sHB6917 / File No.

787 sHB6917 File No.

787 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:

Agency Affected Fund-Effect FY 24 $ FY 25 $ Resources of the General Fund GF - See Below See Below See Below Judicial Dept.

(Probation);

GF - See Below See Below See Below Correction, Dept.

Note:

GF=General Fund Municipal Impact:

None Explanation This bill makes changes to various statutes related to cannabis, driving offenses, rent issues, and sexual assault in the 4 degree andh results in fiscal impacts described below.

Section 4 makes exceptions to when a person may be charged with excessive possession of cannabis which results in a potential savings for a reduction in incarceration or probation and a potential revenue loss from fines.

Sections 5 and 6 add a condition to a 90-day minimum sentence for certain driving related offenses which results in a potential savings for On average, the marginal cost to the state for incarcerating an offender for the year is $2,500.

Inmate marginal cost is based on increased consumables (e.g.

food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened.

The average marginal cost for supervision in the community is about $800 each year.

Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant.

This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.

sHB6917 / File No.

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787 a reduction in incarceration or probation and a potential revenue loss from fines (see footnotes 1 and 2 for more information).

Section 7 removes a violation that can be paid by mail and requires a court appearance for certain offenses related to illegal rent issues.

This does not result in any fiscal impact to the state or municipalities.

The court system disposes of over 250,000 cases annually and the number of cases is not anticipated to be great enough to need additional resources for this provision.

Sections 9 and 10 add to the definition of sexual assault in the 4 th degree to include the sexual assault of a dead body which results in potential cost for incarceration or probation and a potential revenue gain from fines.

On average, the marginal cost to the state for incarcerating an offender for the year is $2,500 while the average marginal cost for supervision in the community is less than $800 each year (see footnotes 1 and 2 for more information).

House "A" reduces the cost of the bill by removing the expansion of the victim notification.

This removes the cost of $835,000 in FY 24 and $1,105,000 in FY 25 to the Judicial Department and the cost of $330,000 in FY 24 and $451,000 in FY 25 to the State Comptroller for fringe benefits.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of relevant offenses and violations.

sHB6917 / File No.

787 17 sHB6917 File No.

787 OLR Bill Analysis sHB 6917 (as amended by House "A")* AN ACT CONCERNING VARIOUS REVISIONS TO THE CRIMINAL LAW AND CRIMINAL JUSTICE STATUTES.

TABLE OF CONTENTS:

SUMMARY § 1 — SENTENCE MODIFICATIONS Prohibits a defendant from filing a motion for a (1) sentence reduction or discharge from incarceration within five years after the most recent decision granting him or her relief in full or (2) sentence reduction withinthree yearsafter themost recent decisiongranting reliefinpart § 2 — EXAMINATION OF CONVICTED DEFENDANT Allows a court to order the DMHAS commissioner to examine any defendant convicted of a crime with a possible penalty of incarceration at any correctional institution who may be a danger to self or others § 3 — HOME CONFINEMENT FOR CERTAIN OFFENDERS Allows the DOC commissioner to release a person to home confinement after conviction for avoiding, tampering with, or failing to install an ignition interlock device § 4 — IMMUNITY FROM ILLEGAL CANNABIS POSSESSION PENALTIES Grants immunity from illegal cannabis possession penalties to people seeking medical assistance in good faith for themselves or others during an overdose §§ 5 & 6 — PENALTIES FOR RECURRING MOTOR VEHICLE LICENSE VIOLATIONS Allows the court to impose a 90-day minimum prison sentence for certainrecurring vehicular violationsonly intheabsence ofany court- determined mitigating circumstances sHB6917 / File No.

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787 § 7 — CENTRALIZED INFRACTIONS BUREAU Removes a violation from the list of violations handled by the Superior Court’s Centralized Infractions Bureau § 8 — PUBLIC DISCLOSURE OF BODY AND DASHBOARD CAMERA FOOTAGE Allows up to 144 hours in delayed public disclosure of recorded footage if an affected officer is not reasonably able to review the recording due to a medical, physical, or psychological response to the incident §§ 9 & 10 — 4TH DEGREE SEXUAL ASSAULT Defines “sexual contact” for the crime of 4th degree sexual assault with regard to sexual contact with a dead body, and specifies that the crime pertains to a human dead body § 11 — COMMUTATION OF PUNISHMENT, RELEASE, OR PARDON Requires the Board of Pardons and Paroles to give copies of a convicted person’s application for commutation, pardon, or release, and related materials, to the state’s attorney before holding a session to consider the application;

requires the board to allow the state’s attorney to make a statement at the session SUMMARY This bill makes various unrelated changes in the criminal law and criminal justice statutes.

It also makes technical and conforming changes.

A section-by-section analysis follows.

*House Amendment “A” removes provisions in the underlying bill that would have required the (1) Court Support Services Division to notify victims about a defendant’s arrest for violating probation or discharge conditions and (2) court to allow victims to deliver an in- person or written statement to the court for the record about the defendant’s violation.

EFFECTIVE DATE:

October 1, 2023 § 1 — SENTENCE MODIFICATIONS sHB6917 / File No.

787 19 sHB6917 File No.

787 Prohibits a defendant from filing a motion for a (1) sentence reduction or discharge from incarceration within five years after the most recent decision granting him or her relief in full or (2) sentence reduction within three years after the most recent decision granting relief in part Existing law allows a sentencing court or judge, at any time during a defendant’s incarceration period and after a hearing and for good cause shown, to reduce the defendant’s sentence;

order the defendant’s discharge;

or order the defendant’s discharge on probation or conditional discharge.

Currently, the law prohibits a defendant from filing a subsequent motion for relief under these provisions until five years after the date of the most recent decision denying him or her relief by a sentence reduction or discharge.

The bill extends this prohibition to the most recent decision granting him or her relief in full by a sentence reduction or discharge.

It also creates a new prohibition, barring a defendant from filing a subsequent motion for relief until three years after the date of the most recent decision granting him or her relief in part by a sentence reduction.

These provisions do not apply to mandatory minimum sentences, which the court cannot suspend or reduce.

The bill also requires a defendant to give the state a copy of a motion he or she files to reduce or suspend a sentence, along with any supporting materials.

§ 2 — EXAMINATION OF CONVICTED DEFENDANT Allows a court to order the DMHAS commissioner to examine any defendant convicted of a crime with a possible penalty of incarceration at any correctional institution who may be a danger to self or others By law, if a court believes that a convicted defendant has psychiatric disabilities and is a danger to himself, herself, or others, it may order the Department of Mental Health and Addiction Services (DMHAS) commissioner, prior to sentencing, to examine a convicted defendant using qualified hospital personnel.

This provision currently applies to any defendant convicted of (1) specified sex offenses or (2) an offense that may carry the penalty of imprisonment at the Connecticut Correctional Institution at Somers (known as the Osborn Correctional sHB6917 / File No.

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787 Institution since 1994).

The bill broadens the court’s authority to order a defendant’s examination for an offense that may result in imprisonment at any Connecticut correctional institution, not just Osborn.

By law and unchanged by the bill, after the examination the commissioner must report to thecourt onwhether thedefendant should be committed to the hospital’s diagnostic unit for more exams or be sentenced as convicted.

§ 3 — HOME CONFINEMENT FOR CERTAIN OFFENDERS Allows the DOC commissioner to release a person to home confinement after conviction for avoiding, tampering with, or failing to install an ignition interlock device By law, the Department of Correction (DOC) commissioner may release a person to home confinement (i.e., cannot leave home without authorization) after undergoing admission and a risk and needs assessment in the commissioner’s custody, if he or she is sentenced to prison for any of the following vehicular crimes:

1.

operating a motor vehicle with a refused, suspended, or revoked license or registration;

2.

operating a motor vehicle in violation of an operator’s license restriction or limitation on the right to operate a motor vehicle requiring use of an ignition interlock device;

3.

driving under the influence (DUI);

or 4.

a first-time conviction for operating a motor vehicle with a child passenger while under the influence of alcohol or drugs or while having an elevated blood alcohol content.

The bill extends the commissioner’s authority to release a person to home confinement after conviction for avoiding, tampering with, or failing to install an ignition interlock device.

(An ignition interlock is a breath-testing device connected to a motor vehicle’s ignition system.

It prevents the driver from operating the vehicle if it detects a pre- determined level of alcohol in the driver’s breath.) sHB6917 / File No.

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787 § 4 — IMMUNITY FROM ILLEGAL CANNABIS POSSESSION PENALTIES Grants immunity from illegal cannabis possession penalties to people seeking medical assistance in good faith for themselves or others during an overdose Existing law allows people age 21 or older to possess, use, or otherwise consume cannabis, up to a specified possession limit (e.g., 1.5 ounces of cannabis plant material and five ounces of this material if it is in a locked container in the person’s residence or locked glove box or trunk in the person’s motor vehicle, an equivalent amount of cannabis products, or an equivalent combined amount of cannabis and cannabis products).

Violators are subject to a range of penalties, depending on their age and the amount of cannabis or cannabis product in their possession.

The bill grants immunity from illegal cannabis possession penalties to the following people found to be in possession of cannabis plant material or product:

1.

anyone who seeks medical assistance in good faith for another person based upon a reasonable belief that the person is overdosing on intoxicating liquor or any drug or substance, 2.

anyone for whom another person seeks medical assistance in good faith based upon a reasonable belief that the person is overdosing in this way, or 3.

anyone who reasonably believes that he or she is overdosing in this way and seeks medical assistance in good faith for himself or herself.

The bill excludes from “good faith” the act of seeking medical assistance while an arrest warrant, search warrant, or lawful search is being executed.

§§ 5 & 6 — PENALTIES FOR RECURRING MOTOR VEHICLE LICENSE VIOLATIONS Allows the court to impose a 90-day minimum prison sentence for certain recurring vehicular violations only in the absence of any court-determined mitigating circumstances sHB6917 / File No.

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787 Motor Vehicle Operator Licensure Violations.

Existing law imposes fines, incarceration, or both as penalties for a person who violates any provision in the driver’s license law (e.g., requirements for permits and licenses depending on a driver’s age) (CGS § 14-36).

A first offense is considered an infraction and carries a $75-$90 fine.

Any subsequent offense carries a penalty of either a $250-$350 fine, imprisonment for up to 30 days, or both.

In addition to the above penalties, current law imposes a mandatory one-year prison sentence with a 90-day minimum if, before a person’s present violation, he or she committed any of the following violations two or more times:

(1) a violation of the driver’s license law;

(2) operation of a motor vehicle with a refused, suspended, or revoked license or registration;

or (3) any combination of these.

The bill adds a condition to the 90-day minimum sentence, permitting it only in the absence of any court-determined mitigating circumstances.

Operating a Motor Vehicle Without a Valid License or Registration.

Similarly, the law imposes fines, incarceration, or both as penalties for a person who operates a motor vehicle with a refused, suspended, or revoked license or registration.

A first offense carries a penalty of either a $150-$200 fine, imprisonment for up to three months, or both.

Any subsequent offense carries a penalty of either a $200-$600 fine, imprisonment for up to one year, or both.

In addition to the above penalties, current law imposes a mandatory one-year prison sentence with a 90-day minimum if, before a person’s present violation, he or she committed any of the following violations two or more times:

(1) operation of a motor vehicle with a refused, suspended, or revoked license or registration;

(2) operation of a motor vehicle without a license;

or (3) any combination of these.

The bill adds a condition to the 90-minimum sentence, permitting it only in the absence of any court-determined mitigating circumstances.

By law and unchanged by the bill, a person is subject to larger fines and longer incarceration periods for operating a motor vehicle (1) in sHB6917 / File No.

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787 violation of a limitation placed by the Department of Motor Vehicles commissioner or a court order or (2) during the period the person’s operator'slicense orright tooperateamotorvehicleinthisstate isunder suspension or revocation for committing the following crimes:

1.

driving under the influence or with an elevated blood alcohol content;

2.

driving under the influence or with an elevated blood alcohol content with a child passenger;

3.

driving a school bus, student transportation vehicle, or other motor vehicle specifically designated for carrying children while under the influence or with an elevated blood alcohol content, or doing so with a child under age 18 as a passenger;

4.

2nd degree vehicular manslaughter;

5.

2nd degree assault with a motor vehicle;

or 6.

driving with a revoked license or suspended operating privilege after refusing to submit to a blood, breath, or urine test or to the nontestimonial part of drug influence evaluation.

§ 7 — CENTRALIZED INFRACTIONS BUREAU Removes a violation from the list of violations handled by the Superior Court’s Centralized Infractions Bureau The bill removes a violation from the list of violations handled by the Superior Court’s Centralized Infractions Bureau, which processes payments or not guilty pleas for committing infractions or violations.

Generally, anyone who is alleged to have committed an infraction or certain violations may either plead not guilty or pay by mail the set fine and any other fee or cost the law prescribes.

Specifically, the bill removes a violation related to an order of rent reduction or suspension, which is subject to a fine.

Under current law, the violator can mail the file to the Centralized Infractions Bureau without making a court appearance.

But under the bill, fines can no sHB6917 / File No.

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787 longer be mailed in, so a court appearance is required.

By law, the following actions are considered violations, subject to a fine of $25-$100 per offense:

1.

demanding, accepting, or receiving an excess amount of rent while the order is in affect and no appeal is pending;

2.

refusing to obey a rent commission’s subpoena, order, or decision;

or 3.

violating any other provision of the laws on fair rent and retaliatory actions by landlords.

§ 8 — PUBLIC DISCLOSURE OF BODY AND DASHBOARD CAMERA FOOTAGE Allows up to 144 hours in delayed public disclosure of recorded footage if an affected officer is not reasonably able to review the recording due to a medical, physical, or psychological response to the incident By law, an officer has the right to review recordings from officer- worn body cameras or dashboard cameras if the officer (1) has been asked to give a formal statement about the alleged use of force, (2) is the subjectofadisciplinaryinvestigation,or(3)hashisorherimageorvoice captured on the recording.

This recorded footage must be disclosed to the public upon request within either of the following timeframes, whichever is earlier:

(1) 48 hours after the officer reviews it or (2) if the officer does not review the recording, either 96 hours after the disciplinary investigation begins or, for officers not subject to investigation, within 96 hours after the request for public disclosure.

The bill allows delayed public disclosure for up to 144 hours after the recorded event if the officer is not reasonably able to review the recording due to a medical or physical response or an acute psychological stress response to the incident.

§§ 9 & 10 — 4TH DEGREE SEXUAL ASSAULT Defines “sexual contact” for the crime of 4th degree sexual assault with regard to sexual contact with a dead body, and specifies that the crime pertains to a human dead body The bill specifies that the crime of 4th degree sexual assault for sexual sHB6917 / File No.

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787 contact with a dead body pertains to a human body.

It also defines “sexual contact” with dead human bodies as sexual assault victims to mean any contact with the intimate parts of a dead human body, or any contact of the actor’s intimate parts with a dead human body, for the actor’s sexual gratification.

By law and unchanged by the bill, 4th degree sexual assault is a class A misdemeanor punishable by up to 364 days in prison, a fine of up to $2,000, or both.

However, if the victim is under age 16, it is a class D felony punishable by up to five years in prison, a fine of up to $5,000, or both.

§ 11 — COMMUTATION OF PUNISHMENT, RELEASE, OR PARDON Requires the Board of Pardons and Paroles to give copies of a convicted person’s application for commutation, pardon, or release, and related materials, to the state’s attorney before holding a session to consider the application;

requires the board to allow the state’s attorney to make a statement at the session The Board of Pardons and Paroles (“the board”) has the authority under state law to grant commutations of punishment, release, pardons, and certificates of rehabilitation to any person convicted of any offense against the state.

Before holding a session to consider granting a commutation of punishment, release, or pardon, the bill requires the board to give the state’s attorney for the district in which the conviction was obtained the following items upon written request:

1.

a copy of the convicted person’s application;

2.

any supporting materials and documents filed, except for confidential, privileged, and non-disclosable information under state or federal law that they may contain;

and 3.

any information obtained by the board about the convicted person’s previous history or character from each prosecuting officer, judge, police officer, or other person who may have information about the person’s habits, disposition, career, and associates.

The bill also requires the board to allow this state’s attorney or his or sHB6917 / File No.

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787 her designee to appear at the session to make a statement for the record about whether the convicted person should be granted any commutation of punishment, release, or pardon.

COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 34 Nay 3 (03/28/2023) sHB6917 / File No.

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