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Connecticut Public Acts 1996

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Senate Bill No. 618

PUBLIC ACT NO. 96-79

AN ACT CONCERNING THE PHYSICAL DESTRUCTION OF CERTAIN CRIMINAL RECORDS AND THE FURNISHING OF RECORDS OR TRANSCRIPTS OF COURT PROCEEDINGS.

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

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 Subsection (e) of section 54-142a of the general statutes is repealed and the following is substituted in lieu thereof:

(e) The clerk of the court or any person charged with retention and control of such records in the records center of the judicial department or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under any provision of this section and such clerk or person charged with the retention and control of such records shall forward a notice of such erasure to any law enforcement agency to which he knows information concerning the arrest has been disseminated and such disseminated information shall be erased from the records of such law enforcement agency. Such clerk or such person, as the case may be, shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records or upon the request of the accused cause the actual physical destruction of such records EXCEPT THAT SUCH CLERK OR SUCH PERSON SHALL NOT CAUSE THE ACTUAL PHYSICAL DESTRUCTION OF SUCH RECORDS UNTIL THREE YEARS HAVE ELAPSED FROM THE DATE OF THE FINAL DISPOSITION OF THE CRIMINAL CASE TO WHICH SUCH RECORDS PERTAIN. No fee shall be charged in any court with respect to any petition under this section. Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

Sec. 2. Subsection (a) of section 51-51l of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except as provided in subsection (d), the Judicial Review Council shall investigate every written complaint brought before it alleging conduct under section 51-51i, and may initiate an investigation of any judge, compensation commissioner or family support magistrate if (1) the council has reason to believe conduct under section 51-51i has occurred or (2) previous complaints indicate a pattern of behavior which would lead to a reasonable belief that conduct under section 51-51i has occurred. The council shall, not later than five days after such initiation of an investigation or receipt of such complaint, notify by registered or certified mail any judge, compensation commissioner or family support magistrate under investigation or against whom such complaint is filed. A copy of any such complaint shall accompany such notice. The council shall also notify the complainant of its receipt of such complaint not later than five days thereafter. Any investigation to determine whether or not there is probable cause that conduct under section 51-51i has occurred shall be confidential and any individual called by the council for the purpose of providing information shall not disclose his knowledge of such investigation to a third party prior to the decision of the council on whether probable cause exists, unless the respondent requests that such investigation and disclosure be open, provided information known or obtained independently of any such investigation shall not be confidential. The judge, compensation commissioner or family support magistrate shall have the right to appear and be heard and to offer any information which may tend to clear him of probable cause to believe he is guilty of conduct under section 51-51i. The judge, compensation commissioner or family support magistrate shall also have the right to be represented by legal counsel and examine and cross-examine witnesses. IN CONDUCTING ITS INVESTIGATION UNDER THIS SUBSECTION, THE COUNCIL MAY REQUEST THAT A COURT FURNISH TO THE COUNCIL A RECORD OR TRANSCRIPT OF COURT PROCEEDINGS MADE OR PREPARED BY A COURT REPORTER, ASSISTANT COURT REPORTER OR MONITOR AND THE COURT SHALL, UPON SUCH REQUEST, FURNISH SUCH RECORD OR TRANSCRIPT.

Approved May 8, 1996. Effective October 1, 1996.

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