"AN ACT CONCERNING COURT OPERATIONS. "

Strike lines 90 to 209, inclusive, in their entirety, insert the following in lieu thereof and renumber the remaining sections accordingly:

"Sec. 3. Subsection (c) of section 51-36 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(c) (1) In any case in which a person has been convicted [after trial] of a felony, other than a capital felony, the official records of evidence or judicial proceedings in the court may be destroyed upon the expiration of twenty years from the date of [disposition of] imposition of the sentence in such case or upon the expiration of the sentence imposed upon such person, whichever is later.

(2) In any case in which a person has been convicted after trial of a capital felony, the official records of evidence or judicial proceedings in the court may be destroyed upon the expiration of seventy-five years from the [conviction of such person] date of imposition of the sentence in such case.

(3) In any case in which a person has been found not guilty, or in any case that has been dismissed or was not prosecuted, the court may order the destruction or disposal of all exhibits entered in such case upon the expiration of ninety days from the date of imposition of the sentence in such case, unless a prior disposition of such exhibits has been ordered pursuant to section 54-36a. In any case in which a nolle has been entered, the court may order the destruction or disposal of all exhibits entered in such case upon the expiration of thirteen months from the date of final disposition of such case. Not less than thirty days prior to the scheduled destruction or disposal of exhibits under this subdivision, the clerk of the court shall send notice to all parties and any party may request a hearing on the issue of such destruction or disposal before the court in which the matter is pending.

(4) In any case in which a person has been convicted of a misdemeanor or has been adjudicated a youthful offender, the court may order the destruction or disposal of all exhibits entered in such case upon the expiration of ten years from the date of imposition of the sentence in such case or upon the expiration of the sentence imposed on such person, whichever is later, unless a prior disposition of such exhibits has been ordered pursuant to section 54-36a. Not less than thirty days prior to the scheduled destruction or disposal of exhibits under this subdivision, the clerk of the court shall send notice to all parties and any party may request a hearing on the issue of such destruction or disposal before the court in which the matter is pending.

(5) In any case in which a person is charged with multiple offenses, no destruction or disposal of exhibits may be ordered under this subsection until the longest applicable retention period under this subsection has expired. The provisions of this subdivision and subdivisions (3), (4) and (6) of this subsection shall apply to any criminal or motor vehicle case disposed of before, on or after the effective date of this section.

(6) The retention period for the official records of evidence and exhibits in any habeas corpus proceeding, petition for a new trial or other proceeding arising out of a criminal case in which a person has been convicted shall be the same as the applicable retention period under this subsection for the criminal case from which such proceeding or petition arose.

(7) For the purposes of this subsection, "sentence" includes any period of incarceration, parole, special parole or probation."

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subsection (a) of section 51-52 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Clerks shall: (1) Receive the files, processes and documents returnable to their court locations, (2) make records of all proceedings required to be recorded, (3) have the custody of the active files and records of the court, (4) have the custody of the records of the former county court within their districts, (5) have the custody of and keep safely in the appropriate office, or store as provided in subsection (b) of this section, as records of the court, all judicial files, records and dockets belonging to or concerning the office of justices of the peace and trial justices, judges of borough, city, town and police courts, the traffic court of Danbury, the Circuit Court and the Court of Common Pleas, or belonging to or concerning such courts, including record books kept by town clerks under the provisions of sections 51-101 and 51-106 of the general statutes, revision of 1958, (6) make and keep dockets of causes in their court locations, (7) issue executions on judgments, (8) collect and receive all fines and forfeitures imposed or decreed by the court, including fines paid after commitment, (9) collect and receive monetary contributions made to the Criminal Injuries Compensation Fund pursuant to section 54-56h, as amended by this act, (10) account for and pay or deposit all fees, fines, forfeitures and contributions made to the Criminal Injuries Compensation Fund and the proceeds of judgments of their office in the manner provided by sections 4-32 and 51-56a, as amended by this act, [(10)] (11) file with the Reporter of Judicial Decisions copies of memoranda of decisions in Superior Court cases, as provided in section 51-215a, and [(11)] (12) perform all other duties imposed on them by law.

Sec. 502. Subsection (a) of section 51-56a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Each clerk of the Supreme Court and Superior Court shall account for and pay or deposit all fees, fines, forfeitures and contributions made to the Criminal Injuries Compensation Fund and the proceeds of judgments of [his] such clerk's office in the manner provided by section 4-32. If any such clerk fails to so account and pay or deposit, such failure shall be reported by the Treasurer to the Chief Court Administrator who may thereupon remove the clerk. When any such clerk dies before so accounting and paying or depositing, the Treasurer shall require the executor of [his] such clerk's will or administrator of [his] such clerk's estate to so account. If any such clerk is removed from office, the Treasurer shall require [him] such clerk to account for any money of the state remaining in [his] such clerk's hands at the time of such removal and, if [he] such clerk neglects to so account, the Treasurer shall certify the neglect to the Chief Court Administrator.

Sec. 503. Section 54-56h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(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.

(c) A monetary contribution made by a defendant to the Criminal Injuries Compensation Fund as provided in this section may be paid to either the clerk of the court or the Office of Victim Services.

Sec. 504. Subsection (b) of section 14-227j of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(b) Any person who has been arrested for a violation of subsection (a) of section 14-227a, as amended, section 53a-56b, or section 53a-60d, may be ordered by the court not to operate any motor vehicle unless such motor vehicle is equipped with an ignition interlock device. Any such order may be made as a condition of such person's release on bail, as a condition of probation or as a condition of granting such person's application for participation in the pretrial alcohol education system under section 54-56g and may include any other terms and conditions as to duration, use, proof of installation or any other matter that the court determines to be appropriate or necessary.

Sec. 505. Section 46a-70a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Judicial Department and the Criminal Justice Commission shall comply with the provisions of [section] subsections (a) and (b) of section 46a-68, as amended, sections 46a-68g, 46a-70 and [shall, not later than January 15, 1985, submit a report of such compliance to the General Assembly] 46a-71, subsections (a) and (c) of section 46a-77 and sections 46a-81h and 46a-81i.

Sec. 506. Section 51-207 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each party in any case before the Supreme Court has a right to be heard by a full court. A full court shall consist of five associate judges or the Chief Justice and four associate judges or, upon order of the Chief Justice, six associate judges or the Chief Justice and five or six associate judges.

(b) If any judge is absent and such right is claimed or if any judge is disqualified and the absence or disqualification is not waived or if the business before the court requires it, the Chief Justice or, in the case of his or her absence or disqualification, the most senior associate judge present and qualified may summon the sixth or seventh member, or both, of the Supreme Court [or one or more of the judges of the Superior Court] to constitute a full court. If a full court cannot be constituted from the seven members of the Supreme Court due to the absence or disqualification of one or more members, the Chief Justice or, in the case of his or her absence or disqualification, the most senior associate judge present and qualified may summon one or more judges of the Superior Court, including senior judges of the Supreme Court and senior judges of the Appellate Court, to constitute a full court, who shall attend and act as judges of the Supreme Court for the time being.

(c) Subject to the discharge of his or her duties as Chief Court Administrator, if he or she is also an associate judge of the Supreme Court, the Chief Court Administrator may be summoned to constitute a full court at the discretion of the Chief Justice, or, in case of [his] the absence or disqualification of the Chief Justice, the most senior associate judge present and qualified.

Sec. 507. Section 51-198 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Supreme Court shall consist of one Chief Justice and six associate judges, who shall, at the time of their appointment, also be appointed judges of the Superior Court.

(b) In addition thereto, each Chief Justice or associate judge of the Supreme Court who elects to retain office but to retire from full-time active service shall continue to be a member of the Supreme Court during the remainder of his or her term of office and during the term of any reappointment under section 51-50i, until he or she attains the age of seventy years. He or she shall be entitled to participate in the meetings of the judges of the Supreme Court and [to] vote as a member thereof, but only with respect to matters for which he or she has been summoned pursuant to subsection (b) of section 51-207, as amended by this act.

(c) A judge of the Supreme Court who has attained the age of seventy years may continue to deliberate and participate in all matters concerning the disposition of any case which the judge heard prior to attaining said age, until such time as the decision in any such case is officially released. The judge may also participate in the deliberation of a motion for reconsideration in such case if such motion is filed within ten days of the official release of such decision.

Sec. 508. Section 51-197c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Appellate Court shall consist of nine judges, except as provided in subsection (b) of this section, who shall also be judges of the Superior Court, and who shall be appointed by the General Assembly, upon nomination of the Governor for a term of eight years. The judges shall sit in panels of three, or en banc, pursuant to rules adopted by the Appellate Court. The Chief Justice shall designate one of these judges as Chief Judge of the Appellate Court.

(b) If a judge of the Appellate Court (1) is appointed the Chief Court Administrator, or (2) on July 1, 2001, is serving as the Chief Court Administrator, the Appellate Court shall consist of ten judges for the remainder of said judge's current term on the Appellate Court, or until his or her retirement from full-time active service, whichever occurs first. The tenth judge shall also be a judge of the Superior Court and shall be appointed by the General Assembly upon nomination of the Governor for a term of eight years.

(c) With the approval of the Chief Justice, the Chief Judge shall (1) schedule such sessions as may be necessary, at such locations as the facilitation of court business requires, (2) designate as many panels as may be necessary, each consisting of three judges assigned by the Chief Judge, and (3) designate a presiding judge for each panel on which the Chief Judge does not sit.

(d) Every judge of the Superior Court shall, by virtue of appointment to the Superior Court, be qualified to serve as a judge on the Appellate Court when summoned pursuant to subsection (e) of this section.

(e) Each of the parties in any case shall have a right to be heard by a full panel. [The] If a full panel cannot be constituted from the judges of the Appellate Court appointed pursuant to subsections (a) and (b) of this section due to the absence or disqualification of one or more of such judges, the Chief Judge, with the approval of the Chief Justice, may summon one or more [of the] judges of the Superior Court, including senior judges of the Supreme Court and senior judges of the Appellate Court, to constitute a full panel.

(f) The judges of the Appellate Court shall be released from sitting on the Superior Court, except that the Chief Justice may assign any such judge to sit on the Superior Court whenever in the Chief Justice's judgment the public business may require it.

(g) If the Chief Court Administrator is a judge of the Appellate Court, said Chief Court Administrator shall be released from sitting on the Appellate Court, except that the Chief Justice may assign the Chief Court Administrator to sit on the Appellate Court whenever, in the Chief Justice's judgment, the public business may require it.

(h) Each Chief Judge or judge of the Appellate Court who elects to retain such judge's office but to retire from full-time active service shall continue to be a member of the Appellate Court during the remainder of such judge's term of office and during the term of any reappointment under section 51-50i, until such judge attains the age of seventy years. Such judge shall be entitled to participate in the meetings of the judges of the Appellate Court and [to] vote as a member thereof, but only with respect to matters for which he or she has been summoned pursuant to subsection (e) of this section.

(i) In each appeal to the Appellate Court, the party appealing shall pay a record fee as prescribed in section 52-259, at such time as is fixed by rule of court, which amount shall be taxed in favor of the appellant if judgment is finally rendered in such appellant's favor. "