2023 Connecticut General Statutes
Title 54 - Criminal Procedure
Chapter 961 - Trial and Proceedings after Conviction
Section 54-95c. - Application to vacate certain convictions on basis of being a victim of trafficking in persons. Notification to victims of crimes for which vacatur is sought. Prosecutor's response. Court order. Not grounds for an award of compensation.
(a) At any time after a court enters a judgment of conviction for any misdemeanor offense or a class C, D or E felony or any unclassified felony offense carrying a term of imprisonment of not more than ten years, the defendant may apply to the Superior Court to vacate such judgment of conviction on the basis that his or her participation in the offense was a result of having been a victim of conduct of another person that constitutes (1) trafficking in persons under section 53a-192a, or (2) a criminal violation of 18 USC Chapter 77, as amended from time to time.
(b) Any person seeking to have a judgment vacated pursuant to this section shall send notice by registered or certified mail on a form prescribed by the Office of the Chief Court Administrator to any victim of the crime for which such person was convicted. The notice shall inform each victim that such person has applied to vacate such conviction and the victim has the opportunity to be heard by the court on the application.
(c) Prior to rendering a decision on a defendant's application to vacate any judgment of conviction, the court shall afford the prosecutor a reasonable opportunity to investigate the defendant's claim, and shall provide the victim and the prosecutor an opportunity to be heard regarding the defendant's application.
(d) If the defendant proves that he or she was a victim of trafficking in persons pursuant to section 53a-192a, or a victim of a criminal violation of 18 USC Chapter 77, as amended from time to time, at the time of any offense described in subsection (a) of this section for which the defendant has applied for vacatur, (1) the court shall vacate any judgment of conviction entered for a violation of section 53a-82 and dismiss the charge related to such conviction, and (2) the court may, in its discretion, vacate any judgment of conviction entered for any other misdemeanor offense or a class C, D or E felony or any unclassified felony offense carrying a term of imprisonment of not more than ten years for which the defendant has applied for vacatur pursuant to this section and shall dismiss the charge related to any such conviction.
(e) The vacating of a judgment of conviction and dismissal of charges pursuant to this section shall not constitute grounds for an award of compensation for wrongful arrest, prosecution, conviction or incarceration pursuant to section 54-102uu or any other provision of the general statutes.
(P.A. 13-166, S. 5; P.A. 16-71, S. 15; P.A. 21-103, S. 7; 21-104, S. 62.)
History: P.A. 16-71 replaced provision re at time of offense defendant was a victim of human trafficking with provision re defendant's participation in offense was a result of having been a victim of human trafficking and made technical changes; P.A. 21-103 designated existing provisions as Subsec. (a) and amended same to replace reference to Sec. 53a-82 re judgment of conviction with provision re misdemeanor offenses or certain felonies, delete provisions re prosecutor's reasonable opportunity to investigate defendant's claim, court vacating judgment of conviction and vacating of judgment and dismissal of charges not to constitute grounds for award of compensation, and make technical changes, added Subsec. (b) re notice to victims, added Subsec. (c) re prosecutor's reasonable opportunity to investigate defendant's claim, added Subsec. (d) re process for vacatur and added Subsec. (e) re vacating of judgment and dismissal of charges not to constitute grounds for award of compensation; P.A. 21-104 amended Subsec. (d) to change “18 USC Chapter 433” to “18 USC Chapter 77” and “misdemeanor” to “other misdemeanor”.
