HB 5467 — AN ACT CONCERNING FIREARMS BACKGROUND CHECKS.

House ofBill Representatives General Assembly File No.

5165467 FebruaryPublic Session,Act 2024 House Bill No.

546724-43 HouseAN ofACT Representatives,CONCERNING AprilFIREARMS 16,BACKGROUND 2024CHECKS. The Committee on Judiciary reported through REP.

STAFSTROM of the 129th Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.

AN ACT CONCERNING FIREARMS BACKGROUND CHECKS.

Such employees and authorized HB5467agents /include, Filebut are not limited to, law enforcement officials, community-based youth service bureau officials, state and federal prosecutorial officials, school officials in accordance with section 10- 233h, court officials including officials of both the regular criminal House Bill No.

5165467 1docket HB5467and Filethe No.docket for juvenile matters and officials of the Division of Criminal Justice, the Division of Public Defender Services, the Department of Children and Families, if the child is under the oversight of the department's administrative unit pursuant to section 17a-3b, provided such disclosure shall be limited to information that identifies the child as residing in a justice facility or incarcerated, or, if the child is committed pursuant to section 46b-129, provided such disclosure shall be limited to (i) information that identifies the child as the subject of the delinquency petition, or (ii) the records of the delinquency proceedings, when the juvenile court orders the department to provide services to said child, the Court Support Services Division and agencies under contract with the Judicial Branch.

516Such agentsrecords include,shall butalso arebe notavailable limitedto to,(I) lawthe enforcementattorney officials,representing community-basedthe youthchild, serviceincluding bureauthe officials,Division stateof andPublic federalDefender prosecutorialServices, officials,in schoolany officialsproceeding in accordancewhich withsuch sectionrecords 10-are 233h,relevant, court(II) officialsthe includingparents officialsor 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 ofidentity, Publicpursuant Defenderto Services,guidelines prescribed by the DepartmentOffice of Childrenthe andChief Families,Court ifAdministrator, provided the childsubject ishas underreached the oversightage of themajority, department's(IV) administrativelaw unitenforcement pursuantofficials toand sectionprosecutorial 17a-3b,officials conducting legitimate criminal investigations, as provided suchin disclosuresubsection shall(o) beof limitedthis tosection informationor thatorders identifiesto thedetain childpursuant asto residingsection in46b-133, (V) a justicestate facility or incarcerated,federal or,agency ifproviding services related to the childcollection isof committedmoneys pursuantdue or funding to sectionsupport 46b-129,the service needs of eligible juveniles, 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 Public Act No.

Such24-43 records2 shall also be available to (I) the attorney representing the child, including the Division of Public3 DefenderHouse 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 criminal investigations, as provided in subsection (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 moneys due or funding to support the service needs of eligible juveniles, 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 HB5467 / File No.

5165467 2or HB5467for Filea No.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.

516 needs assessment of such person while such person is incarcerated, the determination 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 (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 actMay shall21, take2024 effectPublic asAct followsNo. and shall amend the following sections:

Section24-43 13 Julyof 1,3 2024 46b-124(d) JUD Joint Favorable HB5467 / File No.

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516 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 The bill, which clarifies when juvenile records may be disclosed as part of a firearm background check, is not anticipated to result in a fiscal impact to the state or to municipalities.

The Out Years State Impact:

None Municipal Impact:

None HB5467 / File No.

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516 OLR Bill Analysis HB 5467 AN ACT CONCERNING FIREARMS BACKGROUND CHECKS.

SUMMARY By law, records of juvenile cases involving delinquency proceedings are available only to certain people and in specified circumstances, such as employees and agents of municipal, state, and federal agencies involved in evaluating a proposed transfer of a firearm to a person under age 21, as required by federal law.

This bill specifies that these employees and authorized agents have access to the juvenile records whether the proposed transfer of the firearm is to a person under age 21 in this state or any other state.

EFFECTIVE DATE:

July 1, 2024 JUVENILE RECORD DISCLOSURE ALLOWED Under existing law, people to whom juvenile records may be disclosed include:

1.

judicial branch employees who, in performing their duties, require access to the records;

2.

probate court judges and employees who, in performing their duties, require access to the records;

and 3.

employees and authorized agents of municipal, state, or federal agencies involved in (a) the delinquency proceedings, (b) providing services directly to the child, (c) delivering court diversionary programs, or (d) evaluating a proposed transfer of a firearm to a person under the age of 21 as required by federal law.

HB5467 / File No.

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516 COMMITTEE ACTION Judiciary Committee Joint Favorable Yea 35 Nay 1 (03/28/2024) HB5467 / File No.

516 6