Connecticut 2021 Regular Session Status: Enacted 29 D cosponsors

SB 1019 — AN ACT CONCERNING THE BOARD OF PARDONS AND PAROLES, ERASURE OF CRIMINAL RECORDS FOR CERTAIN MISDEMEANOR AND FELONY OFFENSES, PROHIBITING DISCRIMINATION BASED ON ERASED CRIMINAL HISTORY RECORD INFORMATION AND CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION WITH RESPECT TO MISDEMEANOR SENTENCES.

Last action — SIGNED BY GOVERNOR

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

This bill has been enacted into law. Introduced March 04, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 47 sponsors

    47 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (29 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1019 added · 1080 removed

1019 line(s) added, 1080 removed.

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General Assembly Substitute Bill No.
Substitute Senate Bill No.
1019 January Session, 2021 AN ACT CONCERNING THE BOARD OF PARDONS AND PAROLES, ERASURE OF CRIMINAL RECORDS FOR CERTAIN MISDEMEANOR AND FELONY OFFENSES, PROHIBITING DISCRIMINATION BASED ON ERASED CRIMINAL HISTORY RECORD INFORMATION AND CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION WITH RESPECT TO MISDEMEANOR SENTENCES.
1019 Public Act No.
21-32 AN ACT CONCERNING THE BOARD OF PARDONS AND PAROLES, ERASURE OF CRIMINAL RECORDS FOR CERTAIN MISDEMEANOR AND FELONY OFFENSES, PROHIBITING DISCRIMINATION BASED ON ERASED CRIMINAL HISTORY RECORD INFORMATION AND CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION WITH RESPECT TO MISDEMEANOR SENTENCES.
(1) In consultation with the Department of Correction, a parole orientation program for all parole-eligible inmates upon their transfer to the custody of the Commissioner of Correction that will provide general information on the laws and policies regarding parole release, calculation of time-served standards, general conditions of release, supervision practices, revocation and rescission policies, and procedures for administrative review and panel hearings, and any other information that the board deems relevant for preparing inmates for parole;
(1) In consultation with the Department of Correction, a parole orientation program for all parole-eligible inmates upon their transfer to the custody of the Commissioner of Correction that will provide general information on the laws and policies regarding parole release, calculation of time-served standards, general conditions of release, supervisionpractices,revocation and rescissiopolicies,and procedures for administrative review and panel hearings, and any other information that the board deems relevant for preparing inmates for parole;
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Substitute Senate Bill No.
(c) The board may accept an application for apardon three years after an applicant's conviction of a misdemeanor or violation and five years after an applicant's conviction of a felony, except that the board, upon a finding of extraordinary circumstances, may accept an application for a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010192 of 32 R02-SB.docx } Substitute Bill No.
(c) The board may accept an application for apardon three years after an applicant's conviction of a misdemeanor or violation and five years Public Act No.
1019 pardon prior to such dates.
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1019 after an applicant's conviction of a felony, except that the board, upon a finding of extraordinary circumstances, may accept an application for a pardon prior to such dates.
(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 expirationofthetime to fileawrit oferror or take anappeal,ifanappeal LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010193 of 32 R02-SB.docx } Substitute Bill No.
(a) Whenever in any criminal case, on or after October 1, 1969, the Public Act No.
1019 is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken.
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1019 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 expirationofthetime to fileawrit oferror or take anappeal,ifanappeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken.
(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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01014 of 32 R02-SB.docx } Substitute Bill No.
(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 Public Act No.
1019 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.
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1019 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.
(d) (1) Whenever prior to October 1, 1974, any person who has been convicted ofanoffense inany court ofthis state hasreceivedanabsolute 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] Superior Court at the location in which such conviction was effected, or with the [superior court] 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, in the Superior Court where venue would exist for criminal prosecution, 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] offense be erased.
(d) (1) Whenever prior to October 1, 1974, any person who has been convicted ofanoffense inany court ofthis state hasreceivedanabsolute 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] Superior Court at the location in which such conviction was effected, or with the [superior court] 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, in the Superior Court where venue would exist for criminal prosecution, for an order of erasure, and the Superior Court [or records center of the Public Act No.
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1019 Judicial Department] shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such [case to] offense be erased.
(e) (1) Except as provided in subdivision (2) of this subsection, whenever any person has been convicted in any court of this state of a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010195 of 32 R02-SB.docx } Substitute Bill No.
(e) (1) Except as provided in subdivision (2) of this subsection, whenever any person has been convicted in any court of this state of a classified or unclassified misdemeanor offense, or a class D or E felony or an unclassified felony offense carrying a term of imprisonment of not more than five years, any police or court record and record of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such conviction, or any record pertaining to court obligations arising from such conviction held by the Board of Pardons and Paroles shall be erased as follows:
1019 classified or unclassified misdemeanor offense, or a class C, D or E felony or anunclassifiedfelony offense carrying a termofimprisonment of not more than ten years, any police or court record and record of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such conviction, or any record pertaining to court obligations arising from such conviction held by the Board of Pardons and Paroles shall be erased as follows:
(B) for any class D or E felony or an unclassified felony offense carrying a term of imprisonment of not more than five years, such records shall be erased ten years from the date on which the court entered the convicted person's most recent judgment of conviction (i) by operation of law, if such offense occurred on or after January 1, 2000, or (ii) upon the filing of a petition on a form prescribed by the Office of the Chief Court Administrator, if such offense occurred prior to January 1, 2000;
and (B) for any class D or E felony or an unclassified felony offense carrying a term of imprisonment of not more than five years, such records shall be erased ten years from the date on which the court entered the convicted person's most recent judgment of conviction (i) by operation of law, if such offense occurred on or after January 1, 2000, or (ii) upon the filing of a petition on a form prescribed by the Office of the Chief Court Administrator, if such offense occurred prior to January 1, 2000.
and (C) for any class C felony or an unclassified felony offense carrying a term of imprisonment of not more than ten years,butmorethanfiveyears,suchrecordsshallbeerasedfifteenyears from the date on which the court entered the convicted person's most recent judgment of conviction (i) by operation of law, if such offense occurred on or after January 1, 2000, or (ii) upon the filing of a petition on a form prescribed by the Office of the Chief Court Administrator, if such offense occurred prior to January 1, 2000.
(A) Any conviction designated as a family violence crime, as defined in section 46b-38a;
(A) Any conviction designated as a family violence crime, as defined Public Act No.
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1019 in section 46b-38a;
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(3) If a person has been convicted of a violation of subsection (c) of section 21a-279 prior to October 1, 2015, such conviction shall not be considered as a most recent offense when evaluating whether a sufficient period of time has elapsed for an offense to qualify for erasure pursuant to this subsection.
1019 (3) If a person has been convicted of a violation of subsection (c) of section 21a-279 prior to October 1, 2015, such conviction shall not be considered as a most recent offense when evaluating whether a sufficient period of time has elapsed for an offense to qualify for erasure pursuant to this subsection.
The clerk of the court 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 this subdivision and such clerk shall forward a notice of such erasure to any law enforcement agency and the state's or prosecuting attorney to which he or she knows LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0107 of 32 R02-SB.docx } Substitute Bill No.
The clerk of the court or any law Public Act No.
1019 information concerning the arrest has been disseminated directing that all law enforcement and records of the state's or prosecuting attorney pertaining to suchcase to beso erasedor so deemederasedby operation of law.
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1019 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 this subdivision and such clerk shall forward a notice of such erasure to any law enforcement agency and the state's or prosecuting attorney to which he or she knows information concerning the arrest has been disseminated directing that all law enforcement and records of the state's or prosecuting attorney pertaining to suchcase to beso erasedor so deemederasedby operation of law.
[(e)] (g) (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 the records of such lawenforcement agency.Suchclerk [orsuchperson,asthecase maybe,] 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 suchclerk [or such person]shall not cause theactual physical destruction of such records until three years have elapsed from LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0108 of 32 R02-SB.docx } Substitute Bill No.
[(e)] (g) (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 Public Act No.
1019 the date of the final disposition of the criminal case to which such records pertain.
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1019 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 the records of such lawenforcement agency.
Suchclerk [orsuchperson,asthecase maybe,] 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 suchclerk [or such person]shall not cause theactual 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.
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.
The jury charge in connection with erased offenses may be ordered by the judge for use by the judiciary, provided the names of Public Act No.
[(g)] (i) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01019 of 32 R02-SB.docx } Substitute Bill No.
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1019 in accordance with the provisions of this section.
1019 the accused and the witnesses are omitted therefrom.
[(g)] (i) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting 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.
(j) No fee shall be charged in any court with respect to any petition under this section.
(j) An attorney of any person (1) who is the subject of any immigration matter in which disclosure of such person's criminal history record information may be required under federal law, (2) who has been convicted of an offense in any court of this state, and (3) whose criminal history record information has been erased pursuant to this chapter for such offense, may petition the Superior Court at the location in which such conviction was effected, or the Superior Court at the location having custody of the records of such conviction or if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice court, the Superior Court where venue would exist for criminal prosecution, for such records, and the Superior Court shall direct that all police and court records and records of the state's or prosecuting attorney pertaining to such offense be made available to such person's attorney, to the degree that such information has been retained.
[(h)] (k) 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.
Public Act No.
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1019 (k) No fee shall be charged in any court with respect to any petition under this section.
[(h)] (l) 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.
Whenever any person has been convicted of an offense in any court in this state and such offense has been decriminalized subsequent to the dateofsuchconviction,suchpersonmayfileapetitionwiththesuperior 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 withtherecordscenter oftheJudicialDepartment]if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice, in the Superior Court where venue would currently exist for criminal prosecution, 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 orprosecutingattorneypertainingtosuch [case]offensetobephysically destroyed.
Whenever any person has been convicted of an offense in any court in this state and such offense has been decriminalized subsequent to the dateofsuchconviction,suchpersonmayfileapetitionwiththesuperior 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 withtherecordscenter oftheJudicialDepartment]if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice, in the Superior Court where venue would currently exist for criminal prosecution, 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 orprosecutingattorneypertainingtosuch [case]offensetobephysically destroyed.
(NEW) (Effective January 1, 2023) (a) The Department of Emergency Services and Public Protection, in consultation with the Judicial Branch and the Criminal Justice Information System Governing Board established pursuant to section 54-142q of the general statutes, shall develop and implement automated processes for erasure pursuant LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010110 of 32 R02-SB.docx } Substitute Bill No.
(NEW) (Effective January 1, 2023) (a) The Department of Emergency Services and Public Protection, in consultation with the Judicial Branch and the Criminal Justice Information System Governing Board established pursuant to section 54-142q of the general statutes, shall develop and implement automated processes for erasure pursuant to section 54-142a of the general statutes, as amended by this act.
1019 to section 54-142a of the general statutes, as amended by this act.
(b) The department may, within available appropriations, disseminate information, including posting information on its Internet web site, regarding records that are subject to erasure under the Public Act No.
(b) The department may, within available appropriations, disseminate information, including posting information on its Internet web site, regarding records that are subject to erasure under the provisions of this section.
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1019 provisions of this section.
(b) Each person, including, but not limited to, a consumer reporting agency or background screening provider or similar data-based service or company, that has purchased records of criminal matters of public record from the Judicial Department or any criminal justice agency shall, prior to disclosing such records, (1) purchase from the Judicial Department or such criminal justice agency, on a monthly basis or on such other schedule as the Judicial Department or such criminal justice agency may establish, any updated criminal matters of public record or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0111 of 32 R02-SB.docx } Substitute Bill No.
(b) Each person, including, but not limited to, a consumer reporting agency or background screening provider or similar data-based service or company, that has purchased records of criminal matters of public record from the Judicial Department or any criminal justice agency shall, prior to disclosing such records, (1) purchase from the Judicial Department or such criminal justice agency, on a monthly basis or on such other schedule as the Judicial Department or such criminal justice agency may establish, any updated criminal matters of public record or information available for the purpose of complying with this section, and (2) update its records of criminal matters of public record to permanently delete such erased records not later than thirty calendar Public Act No.
1019 information available for the purpose of complying with this section, 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.
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1019 days after receipt of information on the erasure of criminal records pursuant to section 54-142a, as amended by this act.
(d) Nonconviction information shall be available to the subject of the informationandtothesubject'sattorney pursuant tothissubsectionand LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0112 of 32 R02-SB.docx } Substitute Bill No.
(d) Nonconviction information shall be available to the subject of the informationandtothesubject'sattorney pursuant tothissubsectionand subsection (e) of this section.
1019 subsection (e) of this section.
Any person shall, upon satisfactory proof Public Act No.
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)] (h) of section 54-142a, as amended by this act.
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1019 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)] (h) of section 54-142a, as amended by this act.
(NEW) (Effective January 1, 2023) For purposes of this section, sections 11, 12 and 16 to 24, inclusive, of this act and section 26 of this act, sections 8-265c and 8-315 of the general statutes, as amended by this act, subsection (b) of section 10a-6 of the general statutes, as amended by this act, and sections 31-51i, 38a-358, 38a-447, 46a-74, 46a-79, 46a-80 and 46a-81 of the general statutes, as amended by this act:
(NEW) (Effective January 1, 2023) For purposes of this section, sections 11, 12, 16 to 24, inclusive, and 26 of this act, sections 8-265c and 8-315 of the general statutes, as amended by this act, subsection (b) of section10a-6ofthegeneralstatutes,asamendedbythisact,andsections 31-51i, 38a-358, 38a-447, 46a-74, 46a-79, 46a-80 and 46a-81 of the general statutes, as amended by this act:
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Public Act No.
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(NEW) (Effective October 1, 2021) On and after January 1, 2023, it shall be a discriminatory practice for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0101914 of 32 R02-SB.docx } Substitute Bill No.
(NEW) (Effective October 1, 2021) On and after January 1, 2023, Public Act No.
1019 privileges or immunities, secured or protected by the Constitution or laws of this state or of the United States, on account of a person's erased criminal history record information.
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1019 it shall be a discriminatory practice for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or of the United States, on account of a person's erased criminal history record information.
(4) To represent to any person that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available, on the basis of the erased criminal history record information of (A) a potential buyer or renter, (B) a person intending to reside in such LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01015 of 32 R02-SB.docx } Substitute Bill No.
Public Act No.
1019 dwelling after it is so sold, rented or made available, or (C) any person associated with such potential buyer or renter;
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1019 (4) To represent to any person that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available, on the basis of the erased criminal history record information of (A) a potential buyer or renter, (B) a person intending to reside in such dwelling after it is so sold, rented or made available, or (C) any person associated with such potential buyer or renter;
(b) The provisions of this section shall not apply to (1) the rental of a room or rooms in a unit in a dwelling if the owner actually maintains and occupies part of such unit as the owner's residence, or (2) a unit in a dwelling containing not more than four units if the owner actually maintains and occupies one of such other units as the owner's residence.
(b) The provisions of this section shall not apply to (1) the rental of a Public Act No.
(c) Nothing in this section limits the applicability of any reasonable state statute or municipal ordinance restricting the maximum number LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010116 of 32 R02-SB.docx } Substitute Bill No.
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1019 of persons permitted to occupy a dwelling.
1019 room or rooms in a unit in a dwelling if the owner actually maintains and occupies part of such unit as the owner's residence, or (2) a unit in a dwelling containing not more than four units if the owner actually maintains and occupies one of such other units as the owner's residence.
(c) Nothing in this section limits the applicability of any reasonable state statute or municipal ordinance restricting the maximum number of persons permitted to occupy a dwelling.
The municipality shall take all necessary steps to insure that occupancy of all housing financed or otherwise assisted pursuant to this chapter be open to all persons regardless of race, creed, color, national origin or ancestry, sex, gender identity or expression, age, [or] physical disability or erased criminal history record information, as defined in section 9 of this act.
The municipality shall take all necessary steps to insure that occupancy of all housing financed or otherwise assisted pursuant to this chapter be open to all persons regardless of race, creed, color, national origin or ancestry, sex, gender identity or expression, age, [or] physical disability or erased criminal history record information, as defined in Public Act No.
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1019 section 9 of this act.
(a) For the purposes of this section, "employer" means [any person engagedinbusinesswhohasoneormoreemployees,includingthestate or any political subdivision of the state] employer, as defined in section 9 of this act.
(a) For the purposes of this section, "employer" means [any person engagedinbusinesswhohasoneormoreemployees,includingthestate or any political subdivision of the state] employer, as defined in section of this act.
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(b) No employer shall inquire about a prospective employee's prior arrests, criminal charges or convictions on an initial employment application,unless(1)theemployer isrequiredto do so by anapplicable state or federal law, or (2) a security or fidelity bond or an equivalent bond is required for the position for which the prospective employee is seeking employment.
1019 (b) No employer shall inquire about a prospective employee's prior arrests, criminal charges or convictions on an initial employment application,unless(1)theemployer isrequiredto do so by anapplicable state or federal law, or (2) a security or fidelity bond or an equivalent bond is required for the position for which the prospective employee is seeking employment.
(1) That the applicant is not required to disclose the existence of any [arrest,criminal charge or conviction,the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a] erased criminal history record information, (2) that [criminal recordssubjecttoerasurepursuanttosection46b-146,54-76oor54-142a] erased criminal history record information are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon or criminal records that are erased pursuant to statute or by other operation of law, and (3) that any person [whose criminal records have been erased pursuant to section 46b-146, 54-76o or 54-142a] with erased criminal history record information 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.
(1) That the applicant is not required to disclose the existence of any [arrest,criminal charge or conviction,the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a] erased criminal history record information, (2) that [criminal recordssubjecttoerasurepursuanttosection46b-146,54-76oor54-142a] erased criminal history record information are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the Public Act No.
(e)No employer or employer'sagent,representative or designee shall deny employment to a prospective employee solely on the basis that the prospective employee [had a prior arrest, criminal charge or conviction, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0118 of 32 R02-SB.docx } Substitute Bill No.
21-32 19 of 33 Substitute Senate Bill No.
1019 the records of which have been erased pursuant to section 46b-146, 54- 76o or 54-142a] has erased criminal history record information or that the prospective employee had a prior conviction for which the prospective employee has received a provisional pardon or certificate of rehabilitation pursuant to section 54-130a, as amended by this act, or a certificate of rehabilitation pursuant to section 54-108f.
1019 person has been found not guilty or a conviction for which the person received an absolute pardon or criminal records that are erased pursuant to statute or by other operation of law, and (3) that any person [whose criminal records have been erased pursuant to section 46b-146, 54-76o or 54-142a] with erased criminal history record information 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.
(e)No employer or employer'sagent,representative or designeeshall deny employment to a prospective employee solely on the basis that the prospective employee [had a prior arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54- 76o or 54-142a] has erased criminal history record information or that the prospective employee had a prior conviction for which the prospective employee has received a provisional pardon or certificate of rehabilitation pursuant to section 54-130a, as amended by this act, or a certificate of rehabilitation pursuant to section 54-108f.
(g) The portion of an employment application form that contains information concerning the criminal history record of an applicant or employee shall only be available to the members of the personnel department ofthecompany,firmor corporationor,ifthecompany,firm or corporation does not have a personnel department, the person in charge of employment, and to any employee or member of the company, firm or corporation, or an agent of such employee or member, involved in the interviewing of the applicant.
(g) The portion of an employment application form that contains information concerning the criminal history record of an applicant or employee shall only be available to the members of the personnel Public Act No.
21-32 20 of 33 Substitute Senate Bill No.
1019 department ofthecompany,firmor corporationor,ifthecompany,firm or corporation does not have a personnel department, the person in charge of employment, and to any employee or member of the company, firm or corporation, or an agent of such employee or member, involved in the interviewing of the applicant.
(1) A broker-dealer or investment adviser registered under chapter 672a in connection with (A) the possible or actual filing of, or the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0119 of 32 R02-SB.docx } Substitute Bill No.
(1) A broker-dealer or investment adviser registered under chapter 672a in connection with (A) the possible or actual filing of, or the collection or retention of information contained in, a form U-4 Uniform Application for Securities Industry Registration or Transfer, (B) the compliance responsibilities of such broker-dealer or investment adviser under state or federal law, or (C) the applicable rules of self-regulatory organizations promulgated in accordance with federal law;
1019 collection or retention of information contained in, a form U-4 Uniform Application for Securities Industry Registration or Transfer, (B) the compliance responsibilities of such broker-dealer or investment adviser under state or federal law, or (C) the applicable rules of self-regulatory organizations promulgated in accordance with federal law;
(i) (1) For the purposes of this subsection:
Public Act No.
21-32 21 of 33 Substitute Senate Bill No.
1019 (i) (1) For the purposes of this subsection:
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0120 of 32 R02-SB.docx } Substitute Bill No.
(2) Each consumer reporting agency that issues a consumer report that is used or is expected to be used for employment purposes and that includes in such report criminal matters of public record concerning the consumer shall:
1019 (2) Each consumer reporting agency that issues a consumer report that is used or is expected to be used for employment purposes and that includes in such report criminal matters of public record concerning the consumer shall:
(3) This subsection shall not apply in the case of an agency or department of the United States government seeking to obtain and use a consumer report for employment purposes if the head of the agency or department makes a written finding pursuant to 15 USC 1681b(b)(4)(A).
Public Act No.
21-32 22 of 33 Substitute Senate Bill No.
1019 (3) This subsection shall not apply in the case of an agency or department of the United States government seeking to obtain and use a consumer report for employment purposes if the head of the agency or department makes a written finding pursuant to 15 USC 1681b(b)(4)(A).
(NEW) (Effective October 1, 2021) On and after January 1, 2023, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01021 of 32 R02-SB.docx } Substitute Bill No.
(NEW) (Effective October 1, 2021) On and after January 1, 2023, it shall be a discriminatory practice for:
1019 it shall be a discriminatory practice for:
(1) An employer or employer's agent, representative or designee to discriminate against that person in compensation or in terms, conditions or privileges of employment on the basis of that person's erased criminal history record information, (2) any employment agency to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any person on the basis of that person's erased criminal history record information, (3) a labor organization, on the basis of the erased criminal history record information of any person, to exclude from full membership rights or to expel from its membership that person or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, or (4) any person, employer, employment agency or labor organization, to advertise employment opportunities in such a manner as to restrict such employment so as to discriminate against persons on the basis of their erased criminal history record Public Act No.
(1) An employer or employer's agent, representative or designee to discriminate against that person in compensation or in terms, conditions or privileges of employment on the basis of that person's erased criminal history record information, (2) any employment agency to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any person on the basis of that person's erased criminal history record information, (3) a labor organization, on the basis of the erased criminal history record information of any person, to exclude from full membership rights or to expel from its membership that person or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, or (4) any person, employer, employment agency or labor organization, to advertise employment opportunities in such a manner as to restrict such employment so as to discriminate against persons on the basis of their erased criminal history record information.
21-32 23 of 33 Substitute Senate Bill No.
1019 information.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01022 of 32 R02-SB.docx } Substitute Bill No.
Sec.
1019 Sec.
Sec.
Public Act No.
21-32 24 of 33 Substitute Senate Bill No.
1019 Sec.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0123 of 32 R02-SB.docx } Substitute Bill No.
Sec.
1019 Sec.
(A) To ensure that no qualified person be denied the opportunity for higher education on the basis of age, sex, gender identity or expression, ethnic background or social, physical or economic condition, or erased criminal history record information, as defined in section 9 of this act, (B) to protect academic freedom, (C) to provide opportunities for education and training related to the economic, cultural and educational development of the state, (D) to assure the fullest possible use of available resources in public and private institutions of higher education, (E) to maintain standards of quality ensuring a position of national leadership for state institutions of higher education, (F) to apply theresources of higher education tothe problems of society, and (G) to foster flexibility in the policies and institutions of higher education to enable the system to respond to changes in the economy, society, technology and student interests;
(A) To ensure that no qualified person be denied the Public Act No.
21-32 25 of 33 Substitute Senate Bill No.
1019 opportunity for higher education on the basis of age, sex, gender identity or expression, ethnic background or social, physical or economic condition, or erased criminal history record information, as defined in section 9 of this act, (B) to protect academic freedom, (C) to provide opportunities for education and training related to the economic, cultural and educational development of the state, (D) to assure the fullest possible use of available resources in public and private institutions of higher education, (E) to maintain standards of quality ensuring a position of national leadership for state institutions of higher education, (F) to apply theresources of higher education tothe problems of society, and (G) to foster flexibility in the policies and institutions of higher education to enable the system to respond to changes in the economy, society, technology and student interests;
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01024 of 32 R02-SB.docx } Substitute Bill No.
Sec.
1019 Sec.
(2) solely on the lawful occupation or profession of the applicant or named insured, except that this provision shall not apply to any insurer which limits its market to one lawful occupation or profession or to several related lawful occupations or professions;
(2) solely on the lawful occupation or profession of the applicant or named insured, except that this provision shall not apply to any insurer which limits its market to one lawful occupation or profession or to several related lawful Public Act No.
21-32 26 of 33 Substitute Senate Bill No.
1019 occupations or professions;
(1) Make any distinction or discrimination between persons on the basis of race LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010125 of 32 R02-SB.docx } Substitute Bill No.
(1) Make any distinction or discrimination between persons on the basis of race or erased criminal history record information, as defined in section 9 of this act, as to the premiums or rates charged for policies upon the lives of such persons;
1019 or erased criminal history record information, as defined in section 9 of this act, as to the premiums or rates charged for policies upon the lives of such persons;
(3) demand or require greater premiums from persons with erased criminal history record information than such as are at that time required by that company from persons without erased criminal history record information of the same age, sex, general conditions of health and hope of longevity;
(3) demand or require greater premiums from persons with erased criminal history record information than such as Public Act No.
21-32 27 of 33 Substitute Senate Bill No.
1019 are at that time required by that company from persons without erased criminal history record information of the same age, sex, general conditions of health and hope of longevity;
It is therefore the policy of this LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0126 of 32 R02-SB.docx } Substitute Bill No.
It is therefore the policy of this state to encourage all employers to give favorable consideration to providing jobs to qualified individuals, including those who may have [criminal conviction records] conviction information, as defined in section 54-142g, as amended by this act.
1019 state to encourage all employers to give favorable consideration to providing jobs to qualified individuals, including those who may have [criminal conviction records] conviction information, as defined in section 54-142g, as amended by this act.
Nothing in this section shall be construed to permit any employer to refuse to hire or employ or to bar Public Act No.
Nothing in this section shall be construed to permit any employer to refuse to hire or employ or to bar or to discharge from employment or to discriminate against an individual in compensation or in terms on the basis of that person's erasedcriminalhistoryrecordinformation,asdefinedinsection9ofthis act.
21-32 28 of 33 Substitute Senate Bill No.
1019 or to discharge from employment or to discriminate against an individual in compensation or in terms on the basis of that person's erasedcriminalhistoryrecordinformation,asdefinedinsection9ofthis act.
(c) A person may be denied employment by the state or any of its agencies, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01027 of 32 R02-SB.docx } Substitute Bill No.
(c) A person may be denied employment by the state or any of its agencies, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, profession or business [by reason of the prior conviction of a crime] on the basis of that person's conviction information if, after considering (1) the nature of the crime and its relationship to the job for Public Act No.
1019 vocation, profession or business [by reason of the prior conviction of a crime] on the basis of that person's conviction information if, after considering (1) the nature of the crime and its relationship to the job for which the person has applied;
21-32 29 of 33 Substitute Senate Bill No.
1019 which the person has applied;
(f) Nothing in this section shall permit any employer to discriminate LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010128 of 32 R02-SB.docx } Substitute Bill No.
(f) Nothing in this section shall permit any employer to discriminate on the basis of erased criminal history record information in violation of Public Act No.
1019 on the basis of erased criminal history record information in violation of section 31-51i, as amended by this act, or section 17 of this act.
21-32 30 of 33 Substitute Senate Bill No.
1019 section 31-51i, as amended by this act, or section 17 of this act.
"Criminal justice agency" includes any component of a public, noncriminal justice agency if such component is created by statute and is authorized by law and, in fact, engages in activities constituting the administration of criminal LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0129 of 32 R02-SB.docx } Substitute Bill No.
"Criminal justice agency" includes any component of a public, noncriminal justice agency if such component is created by statute and is authorized by law and, in Public Act No.
1019 justice as its principal function.
21-32 31 of 33 Substitute Senate Bill No.
1019 fact, engages in activities constituting the administration of criminal justice as its principal function.
(c)Any personsentencedtoatermofimprisonmentofoneyear,prior to October 1, 2021, for any offense previously punishable by a term of imprisonment of up to but not exceeding one year, may apply to the court that entered the judgment of conviction to have the term of LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0130 of 32 R02-SB.docx } Substitute Bill No.
(c)Any personsentencedtoatermofimprisonmentofoneyear,prior Public Act No.
1019 sentence modified to the maximum term of imprisonment for a period not to exceed three hundred sixty-four days.
21-32 32 of 33 Substitute Senate Bill No.
1019 to October 1, 2021, for any offense previously punishable by a term of imprisonment of up to but not exceeding one year, may apply to the court that entered the judgment of conviction to have the term of sentence modified to the maximum term of imprisonment for a period not to exceed three hundred sixty-four days.
This act shall take effect as follows and shall amend the following sections:
Approved June 10, 2021 Public Act No.
Section 1 July 1, 2021 54-124a(l) Sec.
21-32 33 of 33
2 January 1, 2023 54-130a Sec.
3 January 1, 2023 54-142a Sec.
4 January 1, 2023 54-142d Sec.
5 January 1, 2023 New section Sec.
6 January 1, 2023 54-142e Sec.
7 July 1, 2021 29-11(c) Sec.
8 January 1, 2023 54-142k(d) Sec.
9 January 1, 2023 New section Sec.
10 January 1, 2023 46a-51(7) and (8) Sec.
11 October 1, 2021 New section Sec.
12 October 1, 2021 New section Sec.
13 January 1, 2023 8-265c Sec.
14 January 1, 2023 8-315 Sec.
15 January 1, 2023 31-51i Sec.
16 October 1, 2021 New section Sec.
17 October 1, 2021 New section Sec.
18 October 1, 2021 New section Sec.
19 October 1, 2021 New section Sec.
20 October 1, 2021 New section Sec.
21 October 1, 2021 New section Sec.
22 October 1, 2021 New section Sec.
23 October 1, 2021 New section Sec.
24 October 1, 2021 New section Sec.
25 January 1, 2023 10a-6(b) Sec.
26 October 1, 2021 New section Sec.
27 January 1, 2023 38a-358 Sec.
28 January 1, 2023 38a-447 Sec.
29 January 1, 2023 46a-74 Sec.
30 January 1, 2023 46a-79 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01019- 31 of 32 R02-SB.docx } Substitute Bill No.
1019 Sec.
31 January 1, 2023 46a-80 Sec.
32 January 1, 2023 46a-81(a) Sec.
33 January 1, 2023 54-142g(b) Sec.
34 January 1, 2023 52-180b Sec.
35 October 1, 2021 New section JUD Joint Favorable Subst.
APP Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01019- 32 of 32 R02-SB.docx }
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-32

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE REJECTED HOUSE AMEND. SCH. G

  8. HOUSE REJECTED HOUSE AMEND. SCH. F

  9. HOUSE REJECTED HOUSE AMEND. SCH. B

  10. HOUSE RE-OFFERED, HOUSE AMEND. SCH B

  11. HOUSE REJECTED HOUSE AMEND. SCH. E

  12. HOUSE REJECTED HOUSE AMEND. SCH. D

  13. HOUSE REJECTED HOUSE AMEND. SCH. C

  14. AMENDMENT WITHDRAWN HOUSE AMEND. SCH. B

  15. AMENDMENT WITHDRAWN HOUSE AMEND. SCH. A

  16. HOUSE ADOPTED SEN. AMEND. SCH. A

  17. HOUSE CALENDAR NUMBER 514

  18. FAV. RPT., TABLED FOR HOUSE CALENDAR

  19. SEN. PASSED, SEN. AMEND. SCH. A

  20. SEN. REJ. SEN. AMEND. SCH. F

  21. SEN. REJ. SEN. AMEND. SCH. E

  22. SEN. REJ. SEN. AMEND. SCH. D

  23. SEN. REJ. SEN. AMEND. SCH. C

  24. SEN. REJ. SEN. AMEND. SCH. B

  25. SEN. ADOPTED SEN. AMEND. SCH. A

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

  27. NO NEW FILE BY COMM. ON Appropriations

  28. RPTD. OUT OF LCO

  29. FILED WITH LCO

  30. Joint Favorable

  31. REF. BY SEN. TO COMM. ON Appropriations

  32. FILE NO. 613

  33. SENATE CALENDAR NUMBER 349

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

  35. RPTD. OUT OF LCO

  36. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/26/21

  37. FILED WITH LCO

  38. Joint Favorable Substitute

  39. PUBLIC HEARING 0310

  40. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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47 sponsors · 0 co-sponsors · 140 not signed on

Sponsors (47)

Co-sponsors (0)

None.

Not signed on (140)

140 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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civil-rights
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Frequently asked questions

Who sponsors SB 1019?
SB 1019 is sponsored by Sanchez, J., Hennessy, John "jack" F., Aimee Berger-Girvalo (Democratic), Phipps, Quentin W., D'agostino, Michael, Bob Duff (Democratic), Martin M. Looney (Democratic), Stallworth, Charlie L., Anne M. Hughes (Democratic), Christopher Rosario (Democratic), Porter, Robyn A., Palm, Christine, Frank Smith (Democratic), Julie Kushner (Democratic), Vargas, Edwin, Steven J. Stafstrom (Democratic), Maria P. Horn (Democratic), Anthony L. Nolan (Democratic), Travis Simms (Democratic), Mccarthy Vahey, Cristin, Tercyak, Peter A., Joshua M. Hall (Democratic), Matthew Ritter (Democratic), Antonio Felipe (Democratic), Patricia Billie Miller (Democratic), Eleni Kavros DeGraw (Democratic), Haskell, Will, Geraldo C. Reyes (Democratic), Roland J. Lemar (Democratic), Marilyn Moore, Winkler, Michael A., Bobby G. Gibson (Democratic), Young, Philip L., Susan M. Johnson (Democratic), Kate Farrar (Democratic), Minnie Gonzalez (Democratic), Josh Elliott (Democratic), Smith, Brian T., Mcgee, Brandon L., Jennifer Leeper (Democratic), Derek Slap (Democratic), Juan R. Candelaria (Democratic), Christine Cohen (Democratic), Michel, David, James Sanchez (Democratic), Bradley, Dennis A., and Gary A. Winfield (Democratic).
What is the current status of SB 1019?
This bill has been enacted into law. Introduced March 04, 2021. Enacted.
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