CHAPTER 886
DIVISION OF CRIMINAL JUSTICE

Table of Contents

Sec. 51-277. Powers and duties of division. Representation of the state by Chief State's Attorney.
Sec. 51-278. (Formerly Sec. 51-175). Appointment, salaries and removal of prosecutorial officials.
Sec. 51-286a. (Formerly Sec. 51-164a). Duties and powers of prosecutorial officials.

      Sec. 51-277. Powers and duties of division. Representation of the state by Chief State's Attorney. (a) The division shall exercise all powers and duties with respect to the investigation and prosecution of criminal matters conferred upon or required of it by this chapter, or conferred upon or required of state's attorneys, assistant state's attorneys and deputy assistant state's attorneys of the Superior Court by the common and statutory law of this state.

      (b) The division shall take all steps necessary and proper to prosecute all crimes and offenses against the laws of the state and ordinances, regulations and bylaws of any town, city, borough, district or other municipal corporation or authority.

      (c) The division, through the Chief State's Attorney, shall participate on behalf of the state in all appellate, post-trial and postconviction proceedings arising out of the initiation of any criminal action whether or not the proceedings are denominated civil or criminal for other purposes.

      (d) (1) The Chief State's Attorney and each deputy chief state's attorney may sign any warrants, informations, applications for grand jury investigations and applications for extradition.

      (2) The Chief State's Attorney may, with the prior consent of the state's attorney for the judicial district, appear in court to represent the state.

      (3) The Chief State's Attorney may represent the state in lieu of a state's attorney for a judicial district in any investigation, criminal action or proceeding if the Chief State's Attorney finds by clear and convincing evidence, misconduct, conflict of interest or malfeasance of a state's attorney, provided, upon request of such state's attorney, the Criminal Justice Commission, pursuant to regulations adopted in accordance with chapter 54, and after notice and hearing and good cause shown, may designate such state's attorney to represent the state in such investigation, criminal action or proceeding. In any case where the Chief State's Attorney indicates his intent to represent the state in lieu of a state's attorney under this subdivision, and such state's attorney objects to such representation, upon the request of such state's attorney the Chief State's Attorney and the state's attorney shall each prepare a written statement of their claims relative to such representation. Both statements shall be submitted to the commission to be considered by it at such hearing and shall become a permanent record which may be reviewed by the commission and used at the time of reappointment of the Chief State's Attorney or such state's attorney.

      (P.A. 73-122, S. 3, 27; P.A. 74-183, S. 48, 291; 74-186, S. 7, 12; P.A. 82-248, S. 134; 82-472, S. 137, 183; P.A. 84-406, S. 3, 13; P.A. 85-440, S. 4, 7; P.A. 86-213, S. 2; P.A. 87-477, S. 1; P.A. 89-345, S. 1; P.A. 04-123, S. 1; P.A. 05-288, S. 173.)

      History: P.A. 74-183 changed applicable date from July 1, 1973, to December 31, 1974; P.A. 74-186 authorized chief and deputy chief state's attorneys to sign warrants, informations and applications for grand jury investigations or extradition and to represent state in criminal trials; P.A. 82-248 rephrased the section, inserted Subsec. indicators, deleted reference in Subsec. (a) to "prosecuting attorneys and assistant prosecuting attorneys of the circuit court", added in Subsec. (a) "and deputy assistant state's attorneys" and added in Subsec. (d) "assistant state's attorney or deputy assistant state's attorney"; P.A. 82-472 deleted obsolete reference to "county"; P.A. 84-406 amended Subsec. (d) to delete reference to deputy chief state's attorney as eligible for appointment by chief justice to represent state, effective November 28, 1984, upon certification by secretary of state of the vote on the constitutional amendment concerning appointment of state's attorneys; P.A. 85-440 amended Subsec. (d) by replacing "chief justice" with "criminal justice commission"; P.A. 86-213 amended Subsec. (b) by adding "through the chief state's attorney" and amended Subsec. (d) by adding Subdiv. (2) re representation of the state by the chief state's attorney in lieu of a state's attorney; P.A. 87-477 amended Subsec. (d) by adding provision that upon request of state's attorney, the criminal justice commission may designate such state's attorney to represent state after notice and hearing; P.A. 89-345 amended Subsec. (d)(2) re representation by the chief state's attorney in lieu of a state's attorney; P.A. 04-123 amended Subsec. (d) to designate as Subdiv. (1) existing provision authorizing the Chief State's Attorney and each deputy chief state's attorney to sign warrants, informations, applications for grand jury investigations and applications for extradition, delete former Subdiv. (1) authorizing the Chief State's Attorney to be appointed by the Criminal Justice Commission to represent the state in criminal trials upon application of a state's attorney for good cause shown and after showing no other state's attorney is available, add new Subdiv. (2) authorizing the Chief State's Attorney, with the prior consent of the state's attorney for the judicial district, to appear in court to represent the state, and redesignate existing Subdiv. (2) as Subdiv. (3) and amend said Subdiv. to delete "whenever the interest of the state will be furthered by so doing" as a condition for the representation of the state by the Chief State's Attorney in lieu of a state's attorney and to make a technical change; P.A. 05-288 made a technical change in Subsec. (d)(1), effective July 13, 2005.

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      Sec. 51-278. (Formerly Sec. 51-175). Appointment, salaries and removal of prosecutorial officials. (a)(1) On or before August 1, 1985, the Criminal Justice Commission shall appoint an administrative head of the Division of Criminal Justice whose title shall be Chief State's Attorney. On or before July 1, 1986, and every five years thereafter, the Criminal Justice Commission shall appoint an administrative head of the Division of Criminal Justice whose title shall be Chief State's Attorney. The appointment of a Chief State's Attorney by the Criminal Justice Commission shall be by an affirmative vote of a majority of the members of the commission.

      (2) The term of office of the Chief State's Attorney shall be five years from July first in the year of appointment and until the appointment and qualification of a successor unless he is sooner removed by the Criminal Justice Commission, except that the term of office of the Chief State's Attorney appointed by the Criminal Justice Commission on or before August 1, 1985, shall expire June 30, 1986.

      (3) Any vacancy in the position of the Chief State's Attorney arising from any cause shall be filled by appointment by the Criminal Justice Commission for the balance of the vacated term.

      (4) The Chief State's Attorney and the deputy chief state's attorneys shall receive annual salaries as follows: (A) On or after July 1, 1984, and before July 1, 1985, the Chief State's Attorney, fifty-three thousand nine hundred thirty dollars; a deputy chief state's attorney, fifty-two thousand eight hundred ten dollars; (B) on or after July 1, 1985, the Chief State's Attorney, fifty-seven thousand two hundred dollars; a deputy chief state's attorney, fifty-six thousand dollars.

      (5) For purposes of this subsection, "Criminal Justice Commission" means the members of the commission other than the Chief State's Attorney.

      (b) (1) (A) The Criminal Justice Commission shall appoint two deputy chief state's attorneys as assistant administrative heads of the Division of Criminal Justice, one of whom shall be deputy chief state's attorney for operations and one of whom shall be deputy chief state's attorney for personnel, finance and administration, who shall assist the Chief State's Attorney in his duties. The term of office of a deputy chief state's attorney shall be four years from July first in the year of appointment and until the appointment and qualification of a successor unless sooner removed by the Criminal Justice Commission. The Criminal Justice Commission shall designate one deputy chief state's attorney who shall, in the absence or disqualification of the Chief State's Attorney, exercise the powers and duties of the Chief State's Attorney until such Chief State's Attorney resumes his duties. For the purposes of this subparagraph, the Criminal Justice Commission means the members of the commission other than the Chief State's Attorney. (B) The Criminal Justice Commission shall appoint a state's attorney for each judicial district, who shall act therein as attorney in behalf of the state. The Criminal Justice Commission shall also appoint, from candidates recommended by the appropriate state's attorney and deemed qualified by the commission, as many assistant state's attorneys and deputy assistant state's attorneys on a full-time or part-time basis for each judicial district as the criminal business of the court, in the opinion of the Chief State's Attorney, may require, and the commission shall also appoint, from candidates recommended by the Chief State's Attorney and deemed qualified by the commission, as many assistant state's attorneys and deputy assistant state's attorneys as are necessary, in the opinion of the Chief State's Attorney, to assist the Chief State's Attorney. Assistant state's attorneys and deputy assistant state's attorneys, respectively, shall assist the state's attorneys for the judicial districts and the Chief State's Attorney in all criminal matters and, in the absence from the district or disability of the state's attorney or at his request, shall have and exercise all the powers and perform all the duties of state's attorney. At least three such assistant state's attorneys or deputy assistant state's attorneys shall be designated by the Chief State's Attorney to handle all prosecutions in the state of housing matters deemed to be criminal. Any assistant or deputy assistant state's attorney so designated should have a commitment to the maintenance of decent, safe and sanitary housing and, to the extent practicable, shall handle housing matters on a full-time basis. At least one assistant state's attorney shall be designated by the Chief State's Attorney to handle all prosecutions in the state of environmental matters deemed to be criminal. Any assistant state's attorney so designated should have a commitment to protecting the environment and, to the extent practicable, shall handle environmental matters on a full-time basis. (C) The Chief State's Attorney may promote any assistant state's attorney, or deputy assistant state's attorney who assists him, and the appropriate state's attorney may promote any assistant state's attorney or deputy assistant state's attorney who assists such state's attorney in the judicial district.

      (2) On and after July 1, 1985, the Chief State's Attorney, deputy chief state's attorneys, state's attorneys, assistant state's attorneys and deputy assistant state's attorneys shall receive salaries in accordance with a compensation plan approved by the Department of Administrative Services.

      (3) Each state's attorney who, on June 30, 1973, was included in the provisions of sections 51-49, 51-287 and 51-288 may elect to continue to be so included and, each state's attorney, incumbent on July 1, 1978, who was an assistant state's attorney, chief prosecuting attorney or deputy chief prosecuting attorney on June 30, 1973, may elect to be included in sections 51-49, 51-287 and 51-288, and, in each such case, the Comptroller shall deduct from his salary five per cent thereof as contributions for the purposes of sections 51-49, 51-287 and 51-288, provided any person who has so elected may thereafter elect to participate in chapter 66 and thereupon his past contributions to the State's Attorneys' Retirement Fund shall be transferred to the State Employees Retirement Fund and he shall be credited with all prior service. All other persons appointed under the provisions of this section shall be subject to the provisions of chapter 66.

      (4) Each Chief State's Attorney, deputy chief state's attorney or state's attorney who (A) is ineligible to elect under subdivision (3) of this subsection, (B) is not subject to the provisions of chapter 66, and (C) had vested under the State Employees Retirement Fund, prior to his appointment to such office, shall vest under the State's Attorneys' Retirement Fund upon reappointment to any such office by the Criminal Justice Commission.

      (5) The several state's attorneys shall each hold office for eight years from July first and until the appointment and qualification of a successor unless sooner removed for just cause by the Criminal Justice Commission.

      (6) When any vacancy in the office of the Chief State's Attorney or the office of a state's attorney is to be filled, the commission shall make its appointment from the various recommendations of the Chief State's Attorney or the appropriate state's attorney.

      (7) Each deputy chief state's attorney and state's attorney incumbent on the date of certification by the Secretary of the State of the constitutional amendment concerning appointment of state's attorneys, shall serve the term for which he had been appointed prior to said date.

      (1949 Rev., S. 7664; June, 1955, S. 3118d; 1963, P.A. 378; February, 1965, P.A. 464; 1967, P.A. 622, S. 1; 1972, P.A. 165, S. 5; 281, S. 20; June, 1972, P.A. 1, S. 20; P.A. 73-122, S. 4, 27; P.A. 74-183, S. 49, 291; P.A. 76-436, S. 565, 681; P.A. 77-292, S. 1, 3; 77-576, S. 22, 49, 65; P.A. 78-365, S. 10, 13; 78-377, S. 2, 4; 78-379, S. 8, 9, 27; P.A. 79-9; 79-608, S. 2, 3, 10; P.A. 80-337, S. 8, 9, 13; P.A. 81-419, S. 8; 81-472, S. 90, 159; P.A. 82-248, S. 135; 82-461, S. 6; P.A. 83-295, S. 7; June Sp. Sess. P.A. 83-25, S. 5, 9; June Sp. Sess. P.A. 83-29, S. 79, 82; June Sp. Sess. P.A. 83-35, S. 6, 7, 9; P.A. 84-379, S. 1-3; 84-406, S. 4, 13; 84-445; 84-546, S. 164, 165, 173; P.A. 85-440, S. 1, 6, 7; 85-613, S. 142, 154; P.A. 89-345, S. 2; P.A. 90-110, S. 1, 3; P.A. 98-197, S. 6, 8; P.A. 05-288, S. 174.)

      History: 1963 act increased number of assistant state's attorneys in Fairfield county from one to two; 1965 act increased number of assistant state's attorneys at New Haven from one to not more than four and in Hartford and Fairfield counties from two to not more than four and authorized appointment of assistant state's attorney at New London; 1967 act removed limits on number of assistant state's attorneys to be appointed, authorizing as many as courts' criminal business may require, added provisions re engaging in private practice, salaries and re partners', associates' and clerks' practice of law before court where attorney or clerk is engaged, and authorized chief court administrator rather than "presiding judge" of supreme court to make interim appointments; 1972 acts clarified applicability of provisions to judicial district of Waterbury, effective September 5, 1972, clarified applicability of provisions re part-time and full-time assistant state's attorneys and raised salary of state's attorneys from twenty-four thousand to twenty-six thousand five hundred dollars; P.A. 73-122 added provisions re chief state's attorney and deputy chief state's attorney, raised salary for state's attorneys to thirty-one thousand dollars, raised deduction from salary from five thousand to ten thousand dollars where state's attorney elects to serve part-time, added provisions clarifying membership in state's attorneys' retirement fund or state employees retirement fund, increased term of office from two to four years for state's attorneys and assistant state's attorneys, transferred power to remove the various state's attorneys from office from chief justice of supreme court or chief court administrator to the judges of superior court and added provision that all categories of state's attorneys require officeholder to have been admitted to practice of law for at least three years; P.A. 74-183 replaced circuit court with court of common pleas, reflecting transfer of circuit court functions to common pleas court, effective December 31, 1974; Sec. 51-175 transferred to Sec. 51-278 in 1975; P.A. 76-436 divided section into Subsecs., reorganized and restated provisions, adding new provision designated as Subsec. (d) re deputy assistant state's attorneys and new provisions designated as Subsec. (i) re transfer of attorneys serving in common pleas courts to superior courts, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-292 referred to actions taken by executive committee of superior court judges; P.A. 77-576 substituted references to judicial districts for references to counties where necessary, raised chief state's attorney's salary from thirty-three thousand to thirty-seven thousand dollars, deputy chief state's attorneys' salary from thirty-two thousand to thirty-six thousand dollars and state's attorneys' salaries from thirty-one thousand to thirty-five thousand dollars, added reclassification provision re full-time assistant states' attorneys, changed salary group for deputy assistant state's attorneys from 28 to 26 and added reclassification provision, added provision in Subsec. (e) re election to be included in Secs. 51-49, 51-287 and 51-288 and added Subsec. (j) protecting salary levels of those currently serving, effective July 1, 1978; P.A. 78-365 added provision in Subsec. (d) re appointment of attorney to handle prosecutions of housing matters deemed to be criminal; P.A. 78-377 clarified effective date of P.A. 77-576 and 78-379; P.A. 78-379 substantially reorganized provisions and referred to authorized committee of judges rather than to executive committee of judges; P.A. 79-9 rephrased Subsec. (h) to remove requirement that assistant state's attorneys have been admitted to practice law for three years; P.A. 79-608 raised salary of chief state's attorney to thirty-nine thousand two hundred twenty dollars, of deputy chief state's attorney to thirty-eight thousand one hundred sixty dollars and of state's attorneys to thirty-seven thousand one hundred dollars, effective January 1, 1980; P.A. 80-337 amended Subsec. (a) to add additional deputy chief state's attorney, to distinguish duties held by each and to add provision re salary increases to January 1, 1983, and amended Subsec. (c) to provide for salary increases to January 1, 1983; P.A. 81-419 amended Subsec. (b) to provide for the designation of a deputy assistant state's attorney to handle prosecutions of housing matters deemed to be criminal in the judicial district of New Haven; P.A. 81-472 made technical changes; P.A. 82-248 rephrased and reorganized section, deleted provisions requiring prosecutorial officials to serve full-time and prohibiting them from engaging in the private practice of law and reenacted such provisions in new Sec. 51-278a, deleted provisions concerning the qualifications for prosecutorial officials and reenacted such provisions in new Sec. 51-278a, deleted provisions concerning accounting for moneys received and reenacted such provisions in new Sec. 51-278b, deleted provisions concerning the continuation in service of prosecuting attorneys in the court of common pleas, and added provisions concerning expenses, formerly Sec. 51-178; P.A. 82-461 amended Subsec. (b) by providing for the designation of a deputy assistant state's attorney to prosecute housing matters in the Fairfield judicial district, and by providing that the deputy assistant state's attorneys designated for the New Haven and Fairfield judicial districts prosecute housing matters deemed to be criminal in the Waterbury and Stamford-Norwalk judicial districts, respectively; P.A. 83-295 amended Subdiv. (1) of Subsec. (b) by providing that "assistant state's attorneys" may also handle prosecutions of housing matters deemed to be criminal; June Sp. Sess. P.A. 83-25 amended Subsec. (b) (1) to provide that two assistant state's attorneys or deputy assistant state's attorneys shall prosecute criminal housing matters in the New Haven judicial district, one at New Haven and one at Meriden, and to specify that the assistant or deputy assistant state's attorney for the judicial district of New Haven "at New Haven" shall prosecute criminal housing matters in the judicial district of Waterbury; June Sp. Sess. P.A. 83-29 increased salary of chief state's attorney to fifty thousand eight hundred eighty dollars and increased salary of deputy chief state's attorney to forty-nine thousand eight hundred twenty dollars in Subdiv. (5) of Subsec. (a); June Sp. Sess. P.A. 83-35 amended Subdiv. (5) of Subsec. (a) by raising salary of chief state's attorney to fifty thousand eight hundred eighty dollars and salary of a deputy chief state's attorney to forty-nine thousand eight hundred twenty dollars, effective July 1, 1983, and raising salary of chief state's attorney to fifty-four thousand dollars, effective July 1, 1984, and fifty-seven thousand two hundred dollars, effective July 1, 1985, and amended Subdiv. (2) of Subsec. (b) by raising salary of a state's attorney to forty-eight thousand seven hundred sixty dollars, effective July 1, 1983; P.A. 84-379 amended Subdiv. (5) of Subsec. (a) to increase salary of (1) chief state's attorney to fifty-three thousand nine hundred thirty dollars on or after July 1, 1984, and fifty-seven thousand two hundred dollars on or after July 1, 1985, and (2) deputy chief state's attorney to fifty-two thousand eight hundred ten dollars on or after July 1, 1984, and fifty-six thousand dollars on or after July 1, 1985, and amended Subdiv. (2) of Subsec. (b) by increasing salary of each state's attorney to fifty-one thousand six hundred eighty-five dollars on or after July 1, 1984, and fifty-four thousand seven hundred dollars on or after July 1, 1985; P.A. 84-406, effective November 28, 1984, upon certification of the secretary of the state of the vote on constitutional amendment concerning appointment of state's attorneys, revised section, increasing term of office of chief state's attorney from four to five years, providing for appointment of two deputy chief state's attorneys, state's attorneys, assistant state's attorneys, and deputy assistant state's attorneys by the criminal justice commission, changing references to "judges" to "chief state's attorney" or "appropriate state's attorney", providing that on and after July 1, 1985, salaries shall be determined in accordance with compensation plan approved by the department of administrative services, deleting provision re reimbursement of expenses of state's attorneys, providing for removal from office of state's attorneys for just cause and filling of vacancy by criminal justice commission and providing that each deputy chief state's attorney and state's attorney incumbent on the effective date of this act, i.e. November 28, 1984, shall serve for term for which he had been appointed; P.A. 84-445 amended Subsec. (b) by replacing provisions re the designation of assistant state's attorneys or deputy assistant state's attorneys to handle prosecutions of housing matters deemed to be criminal in certain judicial districts with provisions that the chief state's attorney shall designate at least three assistant state's attorneys or deputy assistant state's attorneys to handle such prosecutions in the state and that such attorneys should have a commitment to decent, safe and sanitary housing and, to the extent practicable, shall handle housing matters on a full-time basis; P.A. 84-546 made technical changes in Subsec. (a)(4) and Subsec. (b)(2); P.A. 85-440 amended Subsec. (a) by removing the appointment of the chief state's attorney from the chief justice's powers and making the criminal justice commission the appointing authority, and providing that the term of office of the chief state's attorney appointed on or before July 1, 1985, shall be one year and amended Subsec. (b) by providing that the two deputy chief state's attorneys are assistant administrative heads of the division, designating one as deputy chief state's attorney for operations and one as deputy chief state's attorney for personnel, finance and administration and providing for appointment and removal by the criminal justice commission; P.A. 85-613 amended Subsec. (a), changing date for appointment of chief state's attorney from July 1, 1985, to August 1, 1985, and adding provision that the term of office of chief state's attorney appointed on or before August 1, 1985, shall expire June 30, 1986; P.A. 89-345 amended Subsec. (b)(1)(B) by providing that commission shall appoint candidates recommended by appropriate state's attorney in each judicial district and that commission shall appoint candidates recommended by chief state's attorney to assist the chief state's attorney, added Subsec. (b) (1)(C) re promotion of assistant or deputy assistant state's attorney who assists chief state's attorney or any state's attorney, deleted obsolete salary provision in Subsec. (b)(2) and deleted obsolete salary provision in Subsec. (b)(2) and deleted provision re filling vacancy in Subsec. (b)(5); P.A. 90-110 amended Subsec. (b)(1)(B) to require at least one assistant state's attorney to be designated to handle prosecution of environmental matters deemed criminal; P.A. 98-197 amended Subsec. (b) by adding Subdiv. (4) re vesting for retirement purposes of each chief state's attorney, deputy chief state's attorney or state's attorney upon reappointment to any such office by the Criminal Justice Commission, renumbering former Subdivs. (4) to (6), inclusive, as (5) to (7), inclusive, effective July 1, 1998; P.A. 05-288 made a technical change in Subsec. (b)(4), effective July 13, 2005.

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      Sec. 51-286a. (Formerly Sec. 51-164a). Duties and powers of prosecutorial officials. (a) Each state's attorney, assistant state's attorney and deputy assistant state's attorney shall diligently inquire after and make appropriate presentment and complaint to the Superior Court of all crimes and other criminal matters within the jurisdiction of the court or in which the court may proceed, whether committed before or after his appointment to office.

      (b) Any such state's attorney may issue subpoenas for witnesses to be sworn before the court in criminal cases.

      (1959, P.A. 28, S. 11; P.A. 74-183, S. 61, 291; P.A. 76-236; 76-436, S. 566, 581; P.A. 79-393; P.A. 82-248, S. 141; P.A. 83-279, S. 2, 4; P.A. 94-135, S. 2; 94-164, S. 4, 8; P.A. 05-248, S. 1.)

      History: P.A. 74-183 replaced circuit court with court of common pleas reflecting transfer of circuit court functions to common pleas court, effective December 31, 1974; Sec. 51-256 transferred to Sec. 51-164a in 1975; P.A. 76-236 added proviso re compromise of forfeited bond; P.A. 76-436 replaced the various categories of prosecuting attorneys with categories of state's attorneys and court of common pleas with superior court, reflecting transfer of jurisdiction from common pleas court to superior court, effective July 1, 1978; Sec. 51-164a transferred to Sec. 51-286a in the 1977 Court Reorganization Supplement; P.A. 79-393 deleted requirement that court consent to state's attorney's compromise and settlement of bonds and specified that such compromise and settlement may be made "without regard to the expiration of any stay of forfeiture"; P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 83-279 amended Subsec. (b) by deleting a provision concerning the filing of a statement by a party seeking the compromise of a forfeited bond, added a new Subsec. (c) re the collection and compromising of certain fees and costs and redesignated former Subsec. (c) as Subsec. (d); P.A. 94-135 amended Subsec. (c) to authorize collection of surcharge imposed under Sec. 13b-70; P.A. 94-164 deleted former Subsec. (b) directing state's attorneys to collect forfeited bonds payable to the state and authorizing state's attorneys to compromise and settle forfeited bonds for less than the amount thereof and relettered remaining Subsecs., effective July 1, 1994; P.A. 05-248 deleted former Subsec. (b) that had required the collection and authorized the compromise and settlement of any fees imposed under Sec. 51-56a, any costs imposed under Sec. 54-143 or 54-143a and any surcharge imposed under Sec. 13b-70 and redesignated existing Subsec. (c) as Subsec. (b), effective July 1, 2005.

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