General Assembly

 

Raised Bill No. 5622

February Session, 2016

 

LCO No. 2914

 

*02914_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE AVAILABILITY OF ERASED RECORDS IN DETERMINING WHETHER A PERSON IS A SUITABLE PERSON TO CARRY A PISTOL OR REVOLVER.

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

Section 1. Subsection (f) of section 54-142a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(f) Upon motion properly brought, the court or a judge thereof, if such court is not in session, [may] shall order disclosure of such records (1) to a defendant in an action for false arrest arising out of the proceedings so erased, [or] (2) to the prosecuting attorney and defense counsel in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial, or (3) to a municipality's chief of police or selectman or to a warden of a borough of the municipality, as the case may be, for the sole purpose of determining whether a person who is the subject of such records is a suitable person to carry a pistol or revolver pursuant to section 29-28, or to the Board of Firearms Permit Examiners for the sole purpose of determining an appeal by such person concerning such suitability pursuant to section 29-32b. Such disclosure of such records is subject also to any records destruction program pursuant to which the records may have been destroyed. The jury charge in connection with erased offenses may be ordered by the judge for use by the judiciary, provided the names of the accused and the witnesses are omitted therefrom.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

54-142a(f)

Statement of Purpose:

To allow chiefs of police, selectmen, wardens and the Board of Firearms Permit Examiners access to erased records for the purpose of determining a person's suitability to carry a pistol or revolver.

[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.]