Substitute House Bill No. 7063
Substitute House Bill No. 7063
PUBLIC ACT NO. 97-257
AN ACT CONCERNING CRIME VICTIMS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) In the investigation and
prosecution of crime, priority shall be given to
crimes involving physical violence and to crimes
involving the possession of a firearm.
Sec. 2. Section 19a-112a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There is created a Commission on the
Standardization of the Collection of Evidence in
Sexual Assault Investigations composed of thirteen
members as follows: The Chief State's Attorney or
his designee; the executive director of the
Permanent Commission on the Status of Women or her
designee; the Commissioner of Public Health or his
designee; the Commissioner of Children and
Families or his designee; one member from the
Division of State Police and one member from the
state police forensic science laboratory to be
appointed by the Commissioner of Public Safety;
one member from Connecticut Sexual Assault Crisis
Services, Inc. to be appointed by its board of
directors; one member from the Connecticut
Hospital Association to be appointed by the
president of the association; one emergency
physician appointed by the president of the
Connecticut College of Emergency Physicians; one
obstetrician-gynecologist and one pediatrician to
be appointed by the president of the Connecticut
State Medical Society; one nurse to be appointed
by the president of the Connecticut Nurses'
Association; and one emergency nurse to be
appointed by the president of the Emergency
Nurses' Association of Connecticut. The Chief
State's Attorney or his designee shall be chairman
of the commission. The commission shall be within
the Division of Criminal Justice for
administrative purposes only.
(b) For purposes of this section "protocol"
means the state of Connecticut health care
facility protocol for victims of sexual assault
which shall consist of regulations adopted in
accordance with this subsection pertaining to the
collection of evidence in any sex offense crime.
The commission shall recommend the protocol to the
Chief State's Attorney for adoption as regulations
in accordance with the provisions of chapter 54.
Said regulations shall be adopted not later than
[January 1, 1994] JULY 31, 1997. The commission
shall annually review the protocol and may
annually recommend changes to the protocol for
adoption as regulations.
(c) The commission shall [not later than
January 1, 1994,] design a sexual assault evidence
collection kit and may annually recommend changes
in the kit to the Chief State's Attorney. Each kit
shall include instructions on the proper use of
the kit, standardized reporting forms,
standardized tests which shall be performed if the
victim so consents and standardized receptacles
for the collection and preservation of evidence.
The commission shall provide the kits to all
health care facilities in the state at which
evidence collection examinations are performed at
no cost to such health care facilities.
(d) Each health care facility in the state
which provides for the collection of sexual
assault evidence shall follow the protocol as
described in subsection (b) of this section [upon]
AND, WITH the [request] CONSENT of the [alleged]
victim, [and] SHALL COLLECT SEXUAL ASSAULT
EVIDENCE. THE HEALTH CARE FACILITY SHALL CONTACT A
POLICE DEPARTMENT WHICH SHALL TRANSFER EVIDENCE
COLLECTED PURSUANT TO SUBSECTION (b) OF THIS
SECTION, IN A MANNER THAT MAINTAINS THE INTEGRITY
OF THE EVIDENCE, TO EITHER THE STATE POLICE
FORENSIC SCIENCE LABORATORY OR THE DEPARTMENT OF
PUBLIC HEALTH TOXICOLOGY LABORATORY. THE
LABORATORY THAT RECEIVES SUCH EVIDENCE shall hold
that evidence [, maintaining its integrity,] for
[up to] sixty days after such collection, [. Upon
the request of the victim or guardian, such
evidence shall be transferred to the appropriate
state or municipal police department] EXCEPT THAT,
IF THE VICTIM REPORTS THE SEXUAL ASSAULT TO THE
POLICE, THE EVIDENCE SHALL BE ANALYZED UPON
REQUEST OF THE POLICE DEPARTMENT THAT TRANSFERRED
THE EVIDENCE TO SUCH LABORATORY AND HELD BY THE
LABORATORY OR POLICE DEPARTMENT UNTIL THE
CONCLUSION OF ANY CRIMINAL PROCEEDINGS.
(e) No costs incurred by a health care
facility for the examination of the victim of
sexual assault, when such an examination is
performed for the purposes of gathering evidence
as prescribed in the protocol described in
subsection (b) of this section, shall be charged
directly or indirectly to the victim of such
assault. Any such cost shall be charged to the
Division of Criminal Justice.
(f) The commission shall advise the Chief
State's Attorney on the establishment of a
mandatory training program for health care
facility staff regarding the implementation of the
regulations, the use of the evidence collection
kit and procedures for handling evidence.
(g) The commission shall advise the Chief
State's Attorney not later than [January 1, 1994]
JULY 1, 1997, on the development of a sexual
assault examiner program and annually thereafter
on the implementation and effectiveness of such
program.
Sec. 3. Section 54-203 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(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 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 own injury;
(3) To request from the Department of
Correction, other units of the Judicial
Department, the Board of Pardons and the Board of
Parole 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 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, the provision of training and
technical assistance of victim service providers
and the development and implementation of public
education campaigns. 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
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 Parole 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 and 54-142c, the victim shall have the
right to be notified of 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 for
appearing under a subpoena as a witness in any
criminal prosecution;
(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) [To] 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 [to] 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. 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;
[and]
(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) AND INFORMATION MADE AVAILABLE THROUGH THE
CRIMINAL JUSTICE INFORMATION SYSTEM, AND TO
PROVIDE A TOLL-FREE TELEPHONE NUMBER FOR ACCESS TO
SUCH INFORMATION; AND
(17) TO PROVIDE A TRAINING PROGRAM FOR JUDGES,
PROSECUTORS, POLICE, PROBATION AND PAROLE
PERSONNEL, BAIL COMMISSIONERS, OFFICERS FROM THE
DEPARTMENT OF CORRECTION AND SPECIAL DEPUTY
SHERIFFS TO INFORM THEM OF VICTIMS' RIGHTS AND
AVAILABLE SERVICES.
Sec. 4. The Department of Social Services, in
consultation with the Office of Victim Services,
shall develop a plan for implementation of section
54-210, as amended by section 5 of this act, and
report its findings and recommendations to the
joint standing committees of the General Assembly
on human services, judiciary and appropriations
not later than January 1, 1998.
Sec. 5. Section 54-210 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The Office of Victim Services or a victim
compensation commissioner may order the payment of
compensation under this chapter for: (1) Expenses
actually and reasonably incurred as a result of
the personal injury or death of the victim,
PROVIDED COVERAGE FOR THE COST OF MEDICAL CARE AND
TREATMENT OF A CRIME VICTIM WHO DOES NOT HAVE
MEDICAL INSURANCE OR WHO HAS EXHAUSTED COVERAGE
UNDER APPLICABLE HEALTH INSURANCE POLICIES OR
MEDICAID SHALL BE ORDERED; (2) loss of earning
power as a result of total or partial incapacity
of such victim; (3) pecuniary loss to the
dependents of the deceased victim, and (4) any
other loss, except as set forth in section 54-211,
resulting from the personal injury or death of the
victim which the Office of Victim Services or a
victim compensation commissioner, as the case may
be, determines to be reasonable. There shall be
one hundred dollars deductible from the total
amount determined by said office or victim
compensation commissioner.
(b) Payment of compensation under this chapter
may be made to a person who is a recipient of
income assistance under sections 17b-19, 17b-22,
17b-63 to 17b-65, inclusive, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114
to 17b-138, inclusive, 17b-180 to 17b-183,
inclusive, 17b-220 to 17b-250, inclusive, 17b-256,
17b-259 to 17b-287, inclusive, 17b-340 to 17b-350,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-689 to 17b-693,
inclusive, 17b-746 to 17b-750, inclusive, 17b-807
and 17b-808 for necessary and reasonable expenses
related to injuries resulting from a crime and not
provided for by the income assistance program in
which such person is a participant. Unless
required by federal law, no such payment shall be
considered an asset for purposes of eligibility
for such assistance.
Sec. 6. (NEW) Except as otherwise provided by
the general statutes, "victim of crime" or "crime
victim" means an individual who suffers direct or
threatened physical, emotional or financial harm
as a result of a crime and includes immediate
family members of a minor, incompetent individual
or homicide victim.
Sec. 7. Section 54-56h of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The court may, in the disposition of any
criminal or motor vehicle case, including a
dismissal or the imposition of a sentence,
consider the fact that the defendant has made a
monetary contribution TO THE CRIMINAL INJURIES
COMPENSATION FUND ESTABLISHED UNDER SECTION 54-215
or a contribution of community service work hours
to a private nonprofit charity or other nonprofit
organization.
(b) In entering a nolle prosequi, the state's
attorney, assistant state's attorney or deputy
assistant state's attorney in charge of the case
may consider the fact that the defendant has made
a monetary contribution TO THE CRIMINAL INJURIES
COMPENSATION FUND ESTABLISHED UNDER SECTION 54-215
or a contribution of community service work hours
to a private nonprofit charity or other nonprofit
organization.
Sec. 8. Subsection (a) of section 51-165 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) [The] ON AND AFTER JANUARY 1, 1998, THE
Superior Court shall consist of one hundred
[seventy-four] SEVENTY-SEVEN judges, including the
judges of the Supreme Court and the Appellate
Court, who shall be appointed by the General
Assembly upon nomination of the Governor.
Sec. 9. (NEW) The prosecuting official in a
criminal proceeding shall request that a
transcript be prepared of any sentencing hearing
at which a defendant is sentenced to a definite,
nonsuspended sentence of more than two years
imprisonment and shall cause a copy of such
transcript to be delivered to the Board of Parole.
Sec. 10. (NEW) Whenever a transcript of a
criminal proceeding is prepared, the prosecuting
official shall provide a copy of such transcript
to any victim of the crime without charge upon
request of such victim.
Sec. 11. (NEW) (a) The Chief State's Attorney
shall establish a formal training program for all
newly-appointed prosecuting attorneys consisting
of not less than five days and an ongoing training
program for all prosecuting attorneys consisting
of not less than two days each year. Such training
programs shall commence January 1, 1998.
(b) Not later than November 1, 1997, the Chief
State's Attorney shall provide a copy of his plan
for such training programs to the judiciary
committee of the General Assembly.
Sec. 12. The Office of Victim Services shall
develop and implement a plan based upon the
recommendations of its report entitled "Serving
the Crime Victims of Connecticut" and shall report
such plan and any implementation to the joint
standing committee of the General Assembly on
judiciary not later than January 1, 1998.
Sec. 13. This act shall take effect July 1,
1997, except that section 5 shall take effect July
1, 1998.
Approved June 26, 1997