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statutes  is  repealed   and   the   following  is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