Connecticut § 51-193u - Hearing of violations and infractions by magistrate. Authority of magistrate decision. Demand for trial de novo.

§ 51-193u. Hearing of violations and infractions by magistrate. Authority of magistrate decision. Demand for trial de novo.

Sec. 51-193u. Hearing of violations and infractions by magistrate. Authority of magistrate decision. Demand for trial de novo. (a) Cases involving motor vehicle violations, excluding alleged violations of sections 14-215, 14-222, 14-222a, 14-224, 14-227a, 14-227m and 14-227n and any other motor vehicle violation involving a possible term of imprisonment, or any violation, as defined in section 53a-27, which are scheduled for the entering of a plea may be handled by a magistrate.

(b) Infractions and violations designated in subsection (a) of this section in which a plea of not guilty has been entered may be heard by a magistrate. Magistrates shall not have the authority to conduct jury trials.

(c) Magistrates shall have the authority to accept pleas of guilty or of not guilty, to accept pleas of nolo contendere and enter findings of guilty thereon, to impose fines, to set bonds, to forfeit bonds, to continue cases to a date certain, to enter nolles brought by the prosecutorial official, to recommend suspension under section 14-111b, 14-140 or 15-154, to order notices of intention to suspend motor vehicle licenses and registrations, to order issuance of a mittimus if a defendant has been found able to pay and fails to pay, to remit fines, to impose or waive fees and costs, to hear and decide motions, to dismiss cases and to decide cases that are tried before him.

(d) A decision of the magistrate, including any penalty imposed, shall become a judgment of the court if no demand for a trial de novo is filed. Such decision of the magistrate shall become null and void if a timely demand for a trial de novo is filed. A demand for a trial de novo shall be filed with the court clerk within five days of the date the decision was rendered by the magistrate and, if filed by the prosecutorial official, it shall include a certification that a copy thereof has been served on the defendant or his attorney, in accordance with the rules of court. No record of the proceedings shall be required to be kept.

(P.A. 85-464, S. 4; P.A. 86-127, S. 1, 2; P.A. 92-116; P.A. 93-142, S. 2; P.A. 16-126, S. 29.)

History: P.A. 86-127 amended Subsec. (b) to delete provision which authorized magistrates to hear certain cases “unless a claim has been made for a jury trial at which time the case will be entered in the docket as a jury case” and amended Subsec. (c) to authorize magistrates to accept pleas of nolo contendere and enter findings of guilty thereon, to recommend suspension under Sec. 14-111b or 15-154, and to hear and decide motions, deleting former Subsec. (e) which had prohibited magistrates from conducting jury trials and merging former Subsec. (e) into (c); P.A. 92-116 amended Subsec. (c) to permit waiver of fee for motion to reopen judgment and amended Subsec. (d) to provide that no record of the proceedings shall be required to be kept; P.A. 93-142 broadened authority of magistrates to hear cases involving violations as defined in Sec. 53a-27; P.A. 16-126 amended Subsec. (a) by adding references to Secs. 14-227m and 14-227n.

Decision to enter nolle prosequi is a decision of magistrate, not prosecutor, from which demand for trial de novo can be made and over which trial court and appellate court have jurisdiction. 143 CA 194.

Subsec. (d):

Statute violates double jeopardy clause. 41 CS 356.

PART II*

SENTENCE REVIEW DIVISION

*Constitutionality of Secs. 51-194 to 51-197 discussed and affirmed; state's attorney had standing to challenge constitutionality. 187 C. 109. Cited. 238 C. 389.

Date of crime controls possible punishment for offense; statute as amended applies prospectively only. 3 CA 497. Cited. 41 CA 255.

Cited. 41 CS 229.