AN ACT CONCERNING CRIME VICTIMS AND THE AUTHORITY OF THE VICTIM ADVOCATE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 46a-13c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

The Victim Advocate may, within available appropriations:

(1) Evaluate the delivery of services to crime victims by state agencies and those entities that provide services to crime victims, including the delivery of services to families of crime victims by the Office of the Chief Medical Examiner;

(2) Coordinate and cooperate with other private and public agencies concerned with the implementation, monitoring and enforcement of the constitutional rights of crime victims and enter into cooperative agreements with public or private agencies for the furtherance of the constitutional rights of crime victims;

(3) Review the procedures established by any state agency or other entity providing services to crime victims with respect to the constitutional rights of crime victims;

(4) Receive and review complaints of persons concerning the actions of any state or other entity providing services to crime victims and investigate those where it appears that a crime victim or family of a crime victim may be in need of assistance from the Victim Advocate;

(5) File a limited special appearance in any court proceeding for the purpose of advocating for any right guaranteed to a crime victim by the Constitution of the state or any right provided to a crime victim by any provision of the general statutes;

(6) Pursue appellate relief on behalf of a crime victim for the purpose of advocating for any right guaranteed to such crime victim by the Constitution of the state or any right provided to such crime victim by any provision of the general statutes in any case in which an alleged violation of any such right has occurred in any court proceeding;

[(6)] (7) Ensure a centralized location for victim services information;

[(7)] (8) Recommend changes in state policies concerning crime victims, including changes in the system of providing victim services;

[(8)] (9) Conduct programs of public education, undertake legislative advocacy, and make proposals for systemic reform;

[(9)] (10) Monitor the provision of protective services to witnesses by the Chief State's Attorney pursuant to section 54-82t; and

[(10)] (11) Take appropriate steps to advise the public of the services of the Office of the Victim Advocate, the purpose of the office and procedures to contact the office.

Sec. 2. Section 46a-13d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) All state, local and private agencies shall have a duty to cooperate with any investigation conducted by the Office of the Victim Advocate. [Consistent with the provisions] Notwithstanding any provision of the general statutes concerning the confidentiality of records and information, the Victim Advocate shall have access to, including the right to inspect and copy, any records necessary to carry out the responsibilities of the Victim Advocate as provided in section 46a-13c, as amended by this act, except any medical, psychiatric or substance abuse treatment records that are confidential pursuant to state or federal law. [Nothing contained in this subsection shall be construed to waive a victim's right to confidentiality of communications or records as protected by any provision of the general statutes or common law.] If the Victim Advocate is denied access to any records or information necessary to carry out such responsibilities, the Victim Advocate may issue a subpoena for the production of such records or information as provided in subsection (c) of this section.

(b) In the performance of his or her responsibilities under section 46a-13c, as amended by this act, the Victim Advocate may communicate privately with any crime victim or person who has received, is receiving or should have received services from the state. Such communications shall be confidential and not be subject to disclosure, except as provided in subsection (a) of section 46a-13e.

(c) Except as otherwise provided in this subsection, the Victim Advocate may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers and other documents and to administer oaths to witnesses in any matter under investigation by the Victim Advocate. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the Victim Advocate may apply to the superior court for the judicial district of Hartford which shall have jurisdiction to order such person to appear and give testimony or to produce such evidence, as the case may be. No subpoena may be issued under this subsection that is directed to the defendant in a criminal prosecution or the defendant's attorney, or for the production of books, papers and other documents by such defendant or the defendant's attorney, or to compel the attendance and testimony of such defendant or the defendant's attorney.

[(c)] (d) The Victim Advocate may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies and independent authorities and private firms, individuals and foundations, for the purpose of carrying out his or her responsibilities.

Sec. 3. Section 53a-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) At any time during the period of probation or conditional discharge, the court or any judge thereof may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation or conditional discharge, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the defendant. Any such warrant shall authorize all officers named therein to return the defendant to the custody of the court or to any suitable detention facility designated by the court. Whenever a defendant has, in the judgment of such defendant's probation officer, violated the conditions of such defendant's probation, the probation officer may, in lieu of having such defendant returned to court for proceedings in accordance with this section, place such defendant in the zero-tolerance drug supervision program established pursuant to section 53a-39d. Whenever a sexual offender, as defined in section 54-260, has violated the conditions of such person's probation by failing to notify such person's probation officer of any change of such person's residence address, as required by said section, such probation officer may notify any police officer that such person has, in such officer's judgment, violated the conditions of such person's probation and such notice shall be sufficient warrant for the police officer to arrest such person and return such person to the custody of the court or to any suitable detention facility designated by the court. Any probation officer may arrest any defendant on probation without a warrant or may deputize any other officer with power to arrest to do so by giving such other officer a written statement setting forth that the defendant has, in the judgment of the probation officer, violated the conditions of the defendant's probation. Such written statement, delivered with the defendant by the arresting officer to the official in charge of any correctional center or other place of detention, shall be sufficient warrant for the detention of the defendant. After making such an arrest, such probation officer shall present to the detaining authorities a similar statement of the circumstances of violation. Provisions regarding release on bail of persons charged with a crime shall be applicable to any defendant arrested under the provisions of this [section] subsection. Upon such arrest and detention, the probation officer shall immediately so notify the court or any judge thereof. Thereupon, or upon an arrest by warrant as [herein] provided in this subsection, the court shall cause the defendant to be brought before it without unnecessary delay for a hearing on the violation charges. At such hearing, the defendant shall be informed of the manner in which such defendant is alleged to have violated the conditions of such defendant's probation or conditional discharge, shall be advised by the court that such defendant has the right to retain counsel and, if indigent, shall be entitled to the services of the public defender, and shall have the right to cross-examine witnesses and to present evidence in such defendant's own behalf.

(b) Whenever a defendant's probation officer takes any action authorized pursuant to subsection (a) of this section, or upon an arrest of the defendant by warrant as provided in said subsection, the probation officer shall notify any victim of the crime for which the defendant was convicted, who has requested such notification and has provided the probation officer with a current address and contact information, of the alleged violation of the conditions of probation or conditional discharge by the defendant and the place, date and time of any hearing on the violation charges. Such notice shall be given in writing by certified mail, return receipt requested.

[(b) If such violation] (c) If a violation of the conditions of the defendant's probation or conditional discharge is established, the court shall permit any victim of the crime for which the defendant was convicted to appear before the court for the purpose of making a statement for the record regarding disposition of the case under this subsection. In lieu of such appearance, the crime victim may submit a written statement to the court and the statement shall be made part of the record at the hearing. After considering the crime victim's statement, the court may: (1) Continue the sentence of probation or conditional discharge; (2) modify or enlarge the conditions of probation or conditional discharge; (3) extend the period of probation or conditional discharge, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29; or (4) revoke the sentence of probation or conditional discharge. If such sentence is revoked, the court shall require the defendant to serve the sentence imposed or impose any lesser sentence. Any such lesser sentence may include a term of imprisonment, all or a portion of which may be suspended entirely or after a period set by the court, followed by a period of probation with such conditions as the court may establish. No such revocation shall be ordered, except upon consideration of the whole record and unless such violation is established by the introduction of reliable and probative evidence and by a preponderance of the evidence.

Sec. 4. Section 54-1k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

Upon the arrest of a person for a violation of section 53a-181c, 53a-181d or 53a-181e, the court may issue a protective order pursuant to this section. Upon the arrest of a person for a violation of section 53a-182b or 53a-183, or for any offense involving the use, attempted use or threatened use of physical force against another person, the court may issue a protective order pursuant to this section if [it] the court finds that such violation or offense caused the victim to reasonably fear for his or her physical safety. Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of such order to be sent to the victim, and a copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the appropriate law enforcement agency. A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including, but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim, (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, or (3) entering the dwelling of the victim. Such order shall be made a condition of the bail or release of the defendant and shall contain the following language: "In accordance with section 53a-223 of the Connecticut general statutes, any violation of this order constitutes criminal violation of a protective order which is punishable by a term of imprisonment of not more than five years, a fine of not more than five thousand dollars, or both. Additionally, in accordance with section 53a-107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both. Violation of this order also violates a condition of your bail or release and may result in raising the amount of bail or revoking release." The information contained in and concerning the issuance of any protective order issued under this section shall be entered in the registry of protective orders pursuant to section 51-5c.

Sec. 5. Subsection (b) of section 54-56e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) The court may, in its discretion, invoke such program on motion of the defendant or on motion of a state's attorney or prosecuting attorney with respect to a defendant who (1) [who,] the court believes [,] will probably not offend in the future, (2) [who] has no previous record of conviction of a crime or of a violation of section 14-196, subsection (c) of section 14-215, section 14-222a, subsection (a) of section 14-224 or section 14-227a, (3) [who] has not been adjudged a youthful offender within the preceding five years under the provisions of sections 54-76b to 54-76n, inclusive, and (4) [who] states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury, that the defendant has never had such program invoked in the defendant's behalf, provided the defendant shall agree thereto and provided notice has been given by the [defendant] court, on a form approved by rule of court, to the victim or victims of such crime or motor vehicle violation, if any, by registered or certified mail, and such victim or victims have an opportunity to be heard thereon. In determining whether to grant an application under this section with respect to a person who has been adjudged a youthful offender under the provisions of sections 54-76b to 54-76n, inclusive, more than five years prior to the date of such application, and notwithstanding the provisions of section 54-76l, as amended by this act, the court shall have access to the youthful offender records of such person and may consider the nature and circumstances of the crime with which such person was charged as a youth. Any defendant who makes application for participation in such program shall pay to the court an application fee of thirty-five dollars.

Sec. 6. Subsection (b) of section 54-76l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) The records of any such youth, or any part thereof, may be disclosed to and between individuals and agencies, and employees of such agencies, providing services directly to the youth, including law enforcement officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials, the Division of Criminal Justice, the Court Support Services Division [,] and the Board of Pardons and Paroles. [and] Such records shall also be available to an advocate appointed pursuant to section 54-221 for a victim of a crime committed by the youth and to the Victim Advocate, in the performance of his or her responsibilities under section 46a-13c, as amended by this act, when requested by such victim. Such records shall also be available to the attorney representing the youth, in any proceedings in which such records are relevant, to the parents or guardian of such youth, until such time as the youth reaches the age of majority or is emancipated, and to the youth upon his or her emancipation or attainment of the age of majority, provided proof of the identity of such youth is submitted in accordance with guidelines prescribed by the Chief Court Administrator. Such records disclosed pursuant to this subsection shall not be further disclosed.

Sec. 7. Section 54-91b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) In any case, without a showing of good cause, upon the request of the defendant or [his] the defendant's attorney, prior to sentencing the defendant, the court shall provide the defendant or [his] the defendant's attorney with a copy of [his] the defendant's record of prior convictions. [and in] In any case [wherein] in which a presentence investigation is ordered, without a showing of good cause, the court shall provide the defendant or [his] the defendant's attorney with a copy of the presentence investigation report at least twenty-four hours prior to the date set for sentencing. [and in] In both such cases, the court shall hear motions addressed to the accuracy of any part of such record or report.

(b) In any case in which a presentence investigation is ordered, without a showing of good cause, upon the request of the victim of the crime for which the defendant was convicted, prior to sentencing the defendant, the court shall provide the crime victim with a copy of the portion of the presentence investigation report that pertains to or was prepared with input from the crime victim at least twenty-four hours prior to the date set for sentencing. Prior to sentencing the defendant, the court shall provide the crime victim with an opportunity to address the court regarding the accuracy of such portion of the presentence investigation report. For the purposes of this subsection, "crime victim" has the same meaning as provided in section 1-1k and includes the legal representative of a victim of crime.

Sec. 8. Section 54-203 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) There is established an Office of Victim Services within the Judicial Department.

(b) The Office of Victim Services shall have the following powers and duties:

(1) To direct each hospital, whether public or private, to display prominently in its emergency room posters giving notice of the availability of compensation and assistance to victims of crime or their dependents pursuant to this chapter, and to direct [every] each law enforcement agency of the state to inform victims of crime or their dependents of their rights pursuant to this chapter;

(2) To request from the office of the state's attorney, state police, local police departments or any law enforcement agency such investigation and data as will enable the Office of Victim Services to determine if in fact the applicant was a victim of a crime or attempted crime and the extent, if any, to which the victim or claimant was responsible for his or her own injury;

(3) To request from the Department of Correction, other units of the Judicial Department and the Board of Pardons and Paroles such information as will enable the Office of Victim Services to determine if in fact a person who has requested notification pursuant to section 54-228 was a victim of a crime;

(4) To direct medical examination of victims as a requirement for payment under this chapter;

(5) To take or cause to be taken affidavits or depositions within or without the state;

(6) To apply for, receive, allocate, disburse and account for grants of funds made available by the United States, by the state, foundations, corporations and other businesses, agencies or individuals to implement a program for victim services which shall assist witnesses and victims of crimes as the Office of Victim Services deems appropriate, within [the resources] available resources, and to coordinate services to victims by state and community-based agencies, with priority given to victims of violent crimes, by (A) assigning, in consultation with the Division of Criminal Justice, such victim advocates as are necessary to provide assistance; (B) administering victim service programs; and (C) awarding grants or purchase of service contracts in accordance with the plan developed under subdivision (15) of this subsection to private nonprofit organizations or local units of government for the direct delivery of services, except that the provision of training and technical assistance [of] to victim service providers and the development and implementation of public education campaigns may be provided by private nonprofit or for-profit organizations or local units of government. Such grants and contracts shall be the predominant method by which the Office of Victim Services shall develop, implement and operate direct service programs and provide training and technical assistance to victim service providers;

(7) To provide each person who applies for compensation pursuant to section 54-204, within ten days of the date of receipt of such application, with a written list of rights of victims of crime involving personal injury and the programs available in this state to assist such victims. The Office of Victim Services, the state or any agent, employee or officer thereof shall not be liable for the failure to supply such list or any alleged inadequacies of such list. Such list shall include, but not be limited to:

(A) Subject to the provisions of sections 18-81e and 51-286e, the victim shall have the right to be informed concerning the status of his or her case and to be informed of the release from custody of the defendant;

(B) Subject to the provisions of section 54-91c, the victim shall have the right to present a statement of his or her losses, injuries and wishes to the prosecutor and the court prior to the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a plea agreement with the state wherein the defendant pleads to a lesser offense than the offense with which the defendant was originally charged;

(C) Subject to the provisions of section 54-91c, prior to the imposition of sentence upon the defendant, the victim shall have the right to appear before the court for the purpose of making a statement for the record or, in lieu of such appearance, to submit a statement to the prosecutor as to the extent of any injuries, financial losses and loss of earnings directly resulting from the crime;

(D) Subject to the provisions of section 54-126a, the victim shall have the right to appear before a panel of the Board of Pardons and Paroles and make a statement as to whether the defendant should be released on parole and any terms or conditions to be imposed upon any such release;

(E) Subject to the provisions of section 54-36a, the victim shall have the right to have any property the victim owns which was seized by police in connection with an arrest to be returned;

(F) Subject to the provisions of sections 54-56e, as amended by this act, and 54-142c, the victim shall have the right to be notified of, and to be heard regarding, the application by the defendant for the pretrial program for accelerated rehabilitation and to obtain from the court information as to whether the criminal prosecution in the case has been dismissed;

(G) Subject to the provisions of section 54-85b, the victim cannot be fired, harassed or otherwise retaliated against by an employer (i) for appearing under a subpoena as a witness in any criminal prosecution, (ii) for attending court proceedings related to the criminal prosecution, or (iii) when a protective or restraining order has been issued on the victim's behalf;

(H) Subject to the provisions of section 54-86g, the parent or legal guardian of a child twelve years of age or younger who is a victim of child abuse or sexual assault may request special procedural considerations to be taken during the testimony of the child;

(I) Subject to the provisions of section 46b-15, the victim of assault by a spouse or former spouse, family or household member has the right to request the arrest of the offender, request a protective order and apply for a restraining order;

(J) Subject to the provisions of sections 52-146k, 54-86e and 54-86f, the victim of sexual assault or domestic violence can expect certain records to remain confidential;

(8) Within available appropriations, to establish a victim's assistance center which shall provide a victims' rights information clearinghouse which shall be a central repository of information regarding rights of victims of crime and services available to such victims and shall collect and disseminate such information to assist victims;

(9) To provide, not later than January 1, 1994, a victims' notification clearinghouse which shall be a central repository for requests for notification filed pursuant to sections 54-228 and 54-229, and to notify, on and after January 1, 1994, persons who have filed such a request whenever an inmate has applied for release from a correctional institution or reduction of sentence or review of sentence pursuant to section 54-227 or whenever an inmate is scheduled to be released from a correctional institution and, on and after January 1, 1994, to provide victims of family violence crimes, upon request, information concerning any modification or termination of criminal orders of protection;

(10) To provide a telephone hotline that shall provide information on referrals for various services for victims of crime and their families;

(11) To provide staff services to a state advisory council. The council shall consist of not more than fifteen members to be appointed by the Chief Justice and shall include the Chief Victim Compensation Commissioner and members who represent victim populations, including, but not limited to, homicide survivors, family violence victims, sexual assault victims, victims of drunk drivers [,] and assault and robbery victims, and members who represent the judicial branch and executive branch agencies involved with victims of crime. The members shall serve for terms of four years. Any vacancy in the membership shall be filled by the appointing authority for the balance of the unexpired term. The members shall receive no compensation for their services. The council shall meet at least six times a year. The council shall recommend to the Office of Victim Services program, legislative or other matters which would improve services to victims of crime and develop and coordinate needs assessments for both court-based and community-based victim services. The Chief Justice shall appoint two members to serve as [cochairmen] cochairpersons. Not later than December fifteenth of each year, the council shall report the results of its findings and activities to the Chief Court Administrator;

(12) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed;

(13) To recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government relative to victims of crime;

(14) To provide support and assistance to state-wide victim services coalitions and groups;

[(15) To develop, in coordination with the Department of Social Services, the Department of Public Health, the Office of Policy and Management, the Department of Children and Families and the Division of Criminal Justice, a comprehensive plan to more effectively administer crime victims' compensation and coordinate the delivery of services to crime victims, including the funding of such services. Such plan shall be submitted to the Governor and the General Assembly not later than January 1, 1994;

(16) Within available appropriations to establish a crime victims' information clearinghouse which shall be a central repository for information collected pursuant to subdivision (9) of this subsection and information made available through the criminal justice information system, to provide a toll-free telephone number for access to such information and to develop a plan, in consultation with all agencies required to provide notification to victims, outlining any needed statutory changes, resources and working agreements necessary to make the Office of Victim Services the lead agency for notification of victims, which plan shall be submitted to the General Assembly not later than February 15, 2000;]

(15) To establish and maintain a crime victim assistance center at each Superior Court facility, including each superior court for juvenile matters. Each crime victim assistance center shall be prominently identified and centrally located within such facility and shall display and make available information concerning the rights of victims of crime and the availability of victim services, including a crime victim's resource guide. Such guide shall be developed and published by the Office of Victim Services in collaboration with the Office of the Victim Advocate and shall include, but not be limited to, (A) a clear outline of the criminal justice process, (B) a detailed description of victim rights, services and service providers in the state, (C) procedures to follow in exercising such rights, and (D) recommended forms for use in exercising such rights. Not later than January 1, 2008, the Chief Court Administrator shall develop and implement procedures for the maintenance and operation of each crime victim assistance center;

[(17)] (16) To provide a training program for judges, prosecutors, police, probation and parole personnel, bail commissioners, officers from the Department of Correction and judicial marshals to inform them of victims' rights and available services; and

[(18)] (17) To submit to the joint standing committee of the General Assembly having cognizance of matters relating to victim services, in accordance with the provisions of section 11-4a, on or before January 15, 2000, and biennially thereafter, a report of its activities under this chapter, including, but not limited to, implementation of training activities and mandates. Such report shall include the types of training provided, entities providing training and recipients of training.

Sec. 9. Section 54-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Victim advocates shall have the following responsibilities and duties: (1) To provide initial screening of each personal injury case; (2) to assist victims in the preparation of victim impact statements to be placed in court files; (3) to notify victims of their rights and request that each victim so notified attest to the fact of such notification of rights on a form developed by the Office of the Chief Court Administrator, which form shall be signed by the victim advocate and the victim and be placed in court files and a copy of which form shall be provided to the victim; (4) to provide information and advice to victims in order to assist such victims in exercising their rights throughout the criminal justice process, including, but not limited to, providing each victim with a form, developed by the Office of the Chief Court Administrator in collaboration with the Office of the Victim Advocate, that shall be used to notify the court and the prosecuting authority of the victim's intent to exercise any right guaranteed to such victim by the Constitution of the state or any right provided to such victim by any provision of the general statutes, and furnishing a copy of any such form that is completed by a victim to the court, the prosecuting authority and the victim; (5) to direct victims to public and private agencies for service; (6) to coordinate victim applications to the Office of Victim Services; and (7) to assist victims in the processing of claims for restitution.

(b) Within available appropriations, the Office of Victim Services may contract with any public or private agency for victim advocate services in geographical area courts.

Sec. 10. (NEW) (Effective October 1, 2007) The prosecuting authority, upon receiving notice of the filing of an appeal or other postconviction remedy arising from a criminal matter by a defendant convicted of any crime, shall promptly inform any victim of such crime in writing, by certified mail, return receipt requested, of such appeal or postconviction remedy, provided the crime victim has requested notification and has provided a current address and contact information to the prosecuting authority. The prosecuting authority shall also provide such crime victim with the following information: (1) A brief explanation of the appellate or postconviction process, including the possible disposition of the case; (2) whether the defendant has been released on bail or other recognizance pending the disposition of the appeal or postconviction proceeding; (3) the date, time and place of any hearing, any subsequent change in the date, time and place of the hearing and the crime victim's right to attend such hearing; and (4) the result of the appeal or postconviction proceeding. For the purposes of this section, "crime victim" has the same meaning as provided in section 1-1k of the general statutes and includes the legal representative of a victim of crime.

Sec. 11. (NEW) (Effective October 1, 2007) The prosecuting authority, upon receiving notice of the filing of an appeal or other postconviction remedy arising from a delinquency matter by a child convicted as delinquent, shall promptly inform any victim of the child's delinquent act in writing, by certified mail, return receipt requested, of such appeal or postconviction remedy, provided the victim has requested notification and has provided a current address and contact information to the prosecuting authority. The prosecuting authority shall also provide such victim with the following information: (1) A brief explanation of the appellate or postconviction process, including the possible disposition of the case; (2) whether the child has been released on bail or other recognizance pending the disposition of the appeal or postconviction proceeding; (3) the date, time and place of any hearing, any subsequent change in the date, time and place of the hearing and the victim's right to attend such hearing; and (4) the result of the appeal or postconviction proceeding. For the purposes of this section, "victim" means a victim of crime, as defined in section 1-1k of the general statutes and includes the legal representative of such victim.

Sec. 12. (NEW) (Effective October 1, 2007) In any criminal prosecution, any personal identifying information pertaining to a crime victim that is furnished to the court or the prosecuting authority, or both, for the purpose of providing notice of the crime victim's intent to exercise any right guaranteed to such crime victim by the Constitution of the state or any right provided to such crime victim by any provision of the general statutes shall be confidential and shall not be disclosed to the public or the defendant.

Statement of Purpose:

To authorize the Victim Advocate to pursue appellate relief on behalf of crime victims, issue subpoenas and have access to the records of youthful offenders, to require that a victim receive notice and an opportunity to make a statement regarding a violation of probation or conditional discharge, to allow a victim of any offense involving the use of physical force to obtain a protective order, to require the court to notify a victim regarding a defendant's application for pretrial accelerated rehabilitation and provide a victim with the victim input portion of a presentence investigation report, to require the establishment of crime victim assistance centers, to clarify certain victims' rights and provide for a victims' rights notice form, to require that a victim receive notice and information regarding an appeal in a criminal or juvenile delinquency matter, and to ensure the confidentiality of personal identifying information pertaining to a victim.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]