Sec. 54-82i. (Formerly Sec. 54-22). Attendance of witnesses in criminal proceedings.
Sec. 54-102j. Dissemination of information in DNA data bank.
Sec. 54-102uu. Compensation for wrongful incarceration.
Sec. 54-82i. (Formerly Sec. 54-22). Attendance of witnesses in criminal proceedings. (a) Definitions. The following words, when used in this section, have the meaning specified, unless the context otherwise indicates: “Witness” means a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding; “state” includes any territory of the United States and the District of Columbia, and “summons” means a subpoena, order or other notice requiring the appearance of a witness.
(b) Summoning witness in this state to testify in another state. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies, under the seal of such court, that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or grand jury investigation and that the presence of such witness will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the judicial district in which such person is, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at such time and place for such hearing. If, at such hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state and that the laws of such other state and the laws of any other state through which the witness may be required to pass by ordinary course of travel will give to such witness protection from arrest and from the service of civil or criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons, except that no judge shall issue a summons in a case where prosecution is pending, or where a grand jury investigation has commenced or is about to commence for a criminal violation of a law of such other state involving the provision or receipt of or assistance with reproductive health care services or gender-affirming health care services, as defined in section 52-571m, that are legal in this state, unless the acts forming the basis of the prosecution or investigation would also constitute an offense in this state. At any such hearing, the certificate shall be prima facie evidence of all the facts stated therein. If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the attendance of the witness in such state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before such judge for such hearing, and, being satisfied, at such hearing, of the desirability of such custody and delivery, of which desirability such certificate shall be prima facie proof, may, in lieu of issuing a subpoena or summons, order that such witness be forthwith taken into custody and delivered to an officer of the requesting state. If such witness, after being paid or tendered by an authorized person the same amount per mile as provided for state employees pursuant to section 5-141c for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars each day that such witness is required to travel and attend as a witness, fails, without good cause, to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
(c) Witness from another state summoned to testify in this state. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or in grand jury investigations commenced or about to commence in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court, stating such facts and specifying the number of days the witness will be required. Such certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the attendance of the witness in this state. Such certificate shall be presented to a judge of a court of record in the judicial district in which the witness is found. If the witness is summoned to attend and testify in this state, the witness shall be tendered the same amount per mile as provided for state employees pursuant to section 5-141c for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars for each day that such witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails, without good cause, to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
(d) Exemption from arrest and service of process. If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not, while in this state pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under such summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under such summons.
(e) Interpretation. This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of the states which enact it.
(1949 Rev., S. 8732; P.A. 78-280, S. 2, 127; P.A. 01-186, S. 10, 11; P.A. 22-19, S. 4; 22-118, S. 487; P.A. 25-168, S. 284.)
History: P.A. 78-280 substituted “judicial district” for “county”; Sec. 54-22 transferred to Sec. 54-82i in 1981; P.A. 01-186 amended Subsec. (b) by replacing “sum of ten cents a mile” with provision re payment of same amount per mile as provided for state employees pursuant to Sec. 5-141c and making technical changes for purposes of gender neutrality and amended Subsec. (c) by replacing “sum of ten cents for each mile” with provision allowing witness the same amount per mile as provided for state employees pursuant to Sec. 5-141c and making technical changes for purposes of gender neutrality; P.A. 22-19 amended Subsec. (b) to add exception re potential violation of a law involving the provision or receipt of or assistance with reproductive health care services, effective July 1, 2022; P.A. 22-118 amended Subsec. (b) to add exception re potential violation of a law involving the provision or receipt of or assistance with reproductive health care services or gender-affirming health care services, effective July 1, 2022; P.A. 25-168 amended Subsec. (b) to substitute Sec. 52-571m for repealed Sec. 52-571n, effective July 1, 2025.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-102j. Dissemination of information in DNA data bank. (a) It shall be the duty of the Division of Scientific Services within the Department of Emergency Services and Public Protection to receive blood or other biological samples and to analyze, classify and file the results of DNA identification characteristics profiles of blood or other biological samples submitted pursuant to section 54-102g and to make such information available as provided in this section, except that the division shall analyze samples taken pursuant to subsection (a) of section 54-102g only as available resources allow. The results of an analysis and comparison of the identification characteristics from two or more blood or other biological samples shall be made available directly to federal, state and local law enforcement officers upon request made in furtherance of an official investigation of any criminal offense. Only when a sample or DNA profile supplied by the person making the request satisfactorily matches a profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated, except that if the results of an analysis and comparison do not reveal a match between the sample or samples supplied and a DNA profile contained in the data bank, the division may, upon request of the law enforcement officer, indicate whether the DNA profile of a named person is contained in the data bank provided the law enforcement officer has a reasonable and articulable suspicion that such person has committed the criminal offense being investigated. A request pursuant to this subsection may be made by personal contact, mail or electronic means. The name of the person making the request and the purpose for which the information is requested shall be maintained on file with the division. Information derived from a nonqualifying sample entered into the data bank shall, prior to the expungement of the sample from the data bank or the purging of such information and the destruction of the sample in accordance with section 54-102l, be disclosed to the conviction integrity unit of the office of the Chief State's Attorney for the purpose of discharging the constitutional obligations of the Division of Criminal Justice relating to exculpatory evidence. In the event that such information is determined to be exculpatory to any person charged with or convicted of a crime, the information shall be disclosed to such person or such person's attorney. Information so disclosed shall not otherwise be used for investigative or prosecutorial purposes. For purposes of this subsection, “nonqualifying sample” includes any sample that is entered into the data bank in good faith, but without authority, or one in which the sample and the information derived from such sample should have previously been purged or expunged from the data bank.
(b) Upon the request of a person from whom a blood or other biological sample has been taken pursuant to sections 54-102g and 54-102h, a copy of such person's DNA profile shall be furnished to such person.
(c) Upon the request of any person identified and charged with an offense as the result of a search of information in the data bank, a copy of the request for a search shall be furnished to such person so identified and charged.
(d) The Department of Emergency Services and Public Protection shall adopt regulations, in accordance with the provisions of chapter 54, governing (1) the methods of obtaining information from the data bank in accordance with this section, and (2) procedures for verification of the identity and authority of the person making the request. The department shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job.
(e) The Division of Scientific Services shall create a separate statistical data base comprised of DNA profiles of blood or other biological samples of persons whose identity is unknown. Nothing in this section or section 54-102k shall prohibit the Division of Scientific Services from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or without the state.
(f) The Division of Scientific Services may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of the state.
(P.A. 94-246, S. 4; P.A. 98-2; P.A. 99-218, S. 13, 16; P.A. 03-242, S. 4; P.A. 11-51, S. 134; 11-144, S. 2; 11-207, S. 4; P.A. 25-29, S. 1.)
History: P.A. 98-2 added “or other biological samples” to Subsec. (a); P.A. 99-218 replaced the State Police Forensic Science Laboratory with the Division of Scientific Services within the Department of Public Safety and made conforming changes, and reworded part of Subsec. (b) for gender neutrality, effective July 1, 1999; P.A. 03-242 amended Subsec. (a) to include “other biological” samples, added new Subsec. (b) to provide that upon request of a person from whom a blood or other biological sample has been taken, a copy of such person's DNA profile shall be furnished to such person, redesignated existing Subsecs. (b), (c), (d) and (e) as new Subsecs. (c), (d), (e) and (f), respectively, made technical changes in Subsec. (d) and amended Subsec. (e) to include “other biological” samples; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 11-144 amended Subsec. (a) to add provision re confirmation or dissemination of information in data bank only when there is a satisfactory match, said provision formerly being part of Subsec. (c), and add exception re authority of division to indicate whether profile of a named individual is contained in data bank when there is no match but officer has reasonable and articulable suspicion that such individual committed offense being investigated, and amended Subsec. (c) to delete provision re confirmation or dissemination of information in data bank only when there is a satisfactory match; P.A. 11-207 amended Subsec. (a) to add exception re division to analyze samples taken pursuant to Sec. 54-102g(a) only as available resources allow; P.A. 25-29 amended Subsec. (a) to add provision re nonqualifying sample and make technical changes.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 54-102uu. Compensation for wrongful incarceration. (a) A person is eligible to receive compensation for wrongful incarceration if:
(1) Such person has been convicted by this state of one or more crimes and has been sentenced to a term of imprisonment for such crime or crimes and has served all or part of such sentence; and
(2) (A) Such person's conviction was vacated or reversed, and (B) the complaint or information was dismissed on (i) grounds of innocence or grounds consistent with innocence, or (ii) a ground citing an act or omission that constitutes malfeasance or other serious misconduct by any officer, agent, employee or official of the state that contributed to such person's arrest, prosecution, conviction or incarceration.
(3) For purposes of this subsection, “grounds consistent with innocence” includes, but is not limited to, a situation in which a conviction was vacated or reversed and there is substantial evidence of innocence, whether such evidence was available at the time of investigation or trial or is newly discovered.
(b) A person who meets the eligibility requirements of subsection (a) of this section may present a claim against the state for such compensation with the Claims Commissioner in accordance with the provisions of chapter 53. The provisions of said chapter shall be applicable to the presentment, hearing and determination of such claim except as otherwise provided in this section.
(c) At the hearing on such claim, the claimant shall have the burden of establishing by a preponderance of the evidence that such claimant meets the eligibility requirements of subsection (a) of this section. In addition, such claimant may present evidence as to (1) loss of familial relationships, (2) damage to reputation, (3) the severity of the crime for which such claimant was convicted and whether such claimant was under a sentence of death pursuant to section 53a-46a for any period of time, (4) whether such claimant was required to register pursuant to section 54-251 or 54-252, and for what length of time such claimant complied with the registration requirements of chapter 969, and (5) any other damages such claimant may have suffered arising from or related to such claimant's arrest, prosecution, conviction and incarceration. The Claims Commissioner shall determine whether a claimant meets such eligibility requirements not later than ninety days after such hearing.
(d) (1) If the Claims Commissioner determines that such claimant has established such claimant's eligibility under subsection (a) of this section by a preponderance of the evidence, the Claims Commissioner shall order the immediate payment to such claimant of compensation for such wrongful incarceration in an amount determined pursuant to subdivision (2) of this subsection, unless (A) such compensation award is in an amount exceeding thirty-five thousand dollars, or (B) such claimant requests, in accordance with section 4-158, that the General Assembly review such compensation award. The Claims Commissioner shall submit any such compensation award described in subparagraph (A) or (B) of this subdivision or an agreed to or stipulated award pursuant to subsection (f) of this section in an amount greater than one million five hundred thousand dollars, and the claim from which such award arose to the General Assembly in the same manner as provided under section 4-159, not later than five business days after the commissioner issues such award determination or receives such request for review, whichever is sooner. The General Assembly shall review any such compensation award and the claim from which such award arose not later than forty-five days after such award and claim is submitted to the General Assembly and may deny or confirm such compensation award, or remand the claim to the Office of the Claims Commissioner for such further proceedings as the General Assembly may direct. If the General Assembly takes no action on such compensation award, the determination made by the Claims Commissioner shall be deemed confirmed.
(2) (A) In determining the amount of such compensation, the Claims Commissioner shall award an amount that is two hundred per cent of the median family income for the state for each year the claimant was incarcerated, as determined by the United States Department of Housing and Urban Development, adjusted for inflation using the consumer price index for urban consumers, provided the amount for any partial year shall be prorated in order to compensate only for the portion of such year in which such claimant was incarcerated. The Claims Commissioner may decrease or increase the award amount by twenty-five per cent based on an assessment of relevant factors including, but not limited to, the evidence presented by the claimant under subdivisions (1) to (5), inclusive, of subsection (c) of this section.
(B) The amount of any compensation awarded pursuant to this subdivision shall be offset by the amount of any damages awarded to the claimant resulting from an action by the claimant against any other unit of government within this state by reason of the same subject of the claim.
(e) In addition to the compensation paid under subsection (d) of this section, the Claims Commissioner may order payment for the expenses of employment training and counseling, tuition and fees at any constituent unit of the state system of higher education.
(f) In representing the interests of the state under this section, the Attorney General may request assistance from any employee of the office of the Chief State's Attorney to determine facts relating to the criminal prosecution of the claimant, the conviction that resulted in the claimant being imprisoned, the subsequent vacating or reversal of such conviction and the complaint or information being dismissed on any of the grounds provided for in subparagraph (B) of subdivision (2) of subsection (a) of this section. The Attorney General and the claimant may agree or stipulate to facts and a compensation award that is presented to the Claims Commissioner. The Claims Commissioner shall determine whether the agreed upon or stipulated facts demonstrate that the claimant is eligible to receive compensation for wrongful incarceration pursuant to subsection (a) of this section. If the Claims Commissioner finds that the claimant is eligible to receive compensation for wrongful incarceration pursuant to subsection (a) of this section, the Claims Commissioner shall approve the agreement or stipulation and order immediate payment of compensation to the claimant for wrongful incarceration in the amount set forth in such agreement or stipulation subject to the provisions of subsection (d) of this section, except that notwithstanding the provisions of subdivision (1) of said subsection (d), no agreement or stipulation entered into by the Attorney General and a claimant and approved by the Claims Commissioner under this subsection that requires an expenditure of one million five hundred thousand dollars or less from the General Fund shall be submitted to the General Assembly for review.
(g) Any claimant claiming compensation under this section based on a pardon that was granted or the dismissal of a complaint or information that occurred before October 1, 2008, shall file such claim not later than two years after October 1, 2008. Any claimant claiming compensation under this section based on a pardon that was granted or the dismissal of a complaint or information that occurred on or after October 1, 2008, shall file such claim not later than two years after the date of such pardon or dismissal.
(h) Any person who is compensated pursuant to this section shall sign a release providing that such person voluntarily relinquishes any right to pursue any other action or remedy at law or in equity against the state that such person may have arising out of such wrongful conviction and incarceration.
(i) Any damages awarded after an award pursuant to this section to the claimant resulting from an action by the claimant against any other unit of government within this state by reason of the same subject of the claim shall be offset by the amount of the compensation award received under this section.
(j) If a claimant who is deceased would be entitled to compensation under this section if such claimant were living, including a claimant whose conviction was vacated or reversed posthumously, the claimant's estate is entitled to compensation under this section, provided such claimant's claim was pending before the Claims Commissioner at the time of such claimant's death.
(k) Any compensation award and claim from which such award arose that is submitted by the Claims Commissioner to the General Assembly (1) when the General Assembly is not in a regular session, or (2) not more than thirty days before the end of a regular session and which is not acted upon dispositively before the end of such session, shall be deemed to be submitted on the first day of the next regular session.
(l) The provisions of this section shall not apply to any agreement or stipulation pursuant to the provisions of section 3-125a.
(P.A. 08-143, S. 1; P.A. 16-127, S. 29; P.A. 24-106, S. 1; P.A. 25-57, S. 1.)
History: P.A. 16-127 amended Subsec. (a)(1) by deleting “, of which the person was innocent,”, amended Subsec. (a)(2) by designating existing provision re complaint or information dismissed on grounds of innocence as Subpara. (A) and amending same to delete provision re complaint or information dismissed on ground consistent with innocence and by adding Subpara. (B) re complaint or information dismissed on ground citing act or omission that constitutes malfeasance or other serious misconduct by officer, agent, employee or official of the state, amended Subsec. (c) by replacing former provision re person to present evidence of damages suffered with Subdivs. (1) to (6) re same, amended Subsec. (d) by designating existing provisions re payment of compensation as Subdiv. (1), designating existing provisions re amount of compensation as Subdiv. (2) and substantially amending Subdivs. (1) and (2) including adding provisions re award amount and General Assembly to review compensation award, amended Subsec. (g) by deleting provisions re person's pursuit of action or remedy at law or in equity against the state and any political subdivision of the state and officer, agent, employee or official thereof and adding provision re person who is compensated to sign release, and made technical and conforming changes, effective June 9, 2016; P.A. 24-106 amended Subsec. (a) by redesignating language re a vacated or reversed conviction as Subdiv. (2)(A), redesignating existing Subdiv. (2)(A) as new Subdiv. (2)(B), redesignating language re grounds of innocence as Subdiv. (2)(B)(i) and amending same by adding provision re grounds consistent with innocence, redesignating existing Subdiv. (2)(B) as Subdiv. (2)(B)(ii) and adding Subdiv. (3) defining “grounds consistent with innocence”, amended Subsec. (c) by replacing references to person with references to claimant and adding provision requiring Claims Commissioner to determine eligibility not later than 90 days after hearing, substantially amended Subsec. (d) including raising award amount for which commissioner may direct immediate payment to $35,000, designating existing provisions in Subdiv. (2) as Subdiv. (2)(A) and adding Subdiv. (2)(B) re offset provision, amended Subsec. (e) by deleting provision re services to facilitate reintegration into the community, amended Subsec. (f) by replacing references to person with references to claimant and making a conforming change, amended Subsec. (g) by adding “against the state” and added Subsecs. (h) to (k) concerning provisions re offsets, deceased claimants, submission of awards to the General Assembly and lack of applicability of section to an agreement or stipulation pursuant to Sec. 3-125a, effective June 4, 2024, and applicable to claims pending before the Claims Commissioner on June 4, 2024, or filed with the Claims Commissioner on or after June 4, 2024; P.A. 25-57 amended Subsec. (a)(2) by making technical changes, amended Subsec. (c) by substituting “claimant may present evidence” for “client shall present evidence”, deleting former Subsec. (1) re evidence of age, income, vocational training and level of education at time of conviction and redesignating existing Subdivs. (2) to (6) as Subdivs. (1) to (5), amended Subsec. (d)(2)(B) by adding provision re Claims Commissioner presenting to General Assembly an agreed or stipulated award pursuant to Subsec. (f) in an amount greater than $1,500,000, amended Subsec. (d)(2)(A) by making a conforming change, added new Subsec. (f) providing authority to Attorney General and claimant to stipulate to facts and an award and authority of Claims Commissioner to approve such stipulation and redesignated existing Subsecs. (f) to (k) as Subsecs. (g) to (l), effective July 1, 2025.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |