Section 29-38q - Child posing risk of imminent personal injury to others. Firearms or other deadly weapons or ammunition. Warrant for seizure(a) Upon complaint on oath by any assistant state's attorney or by any two police officers, to any judge of the Superior Court, that such assistant state's attorney or police officers have probable cause to believe that a child under eighteen years of age poses a risk of imminent personal injury to other individuals and that such child possesses one or more firearms or other deadly weapons and such firearm or firearms or other deadly weapon or deadly weapons are within or upon any place, thing or person, such judge may issue a risk warrant commanding a police officer to enter into or upon such place or thing, search the same or the child and take into such officer's custody any and all firearms and other deadly weapons and ammunition. Such assistant state's attorney or police officers shall not make such complaint unless such assistant state's attorney or police officers have conducted an independent investigation and determined that such probable cause exists and that there is no reasonable alternative available to prevent such child from causing imminent personal injury to others with such firearm or firearms or deadly weapon or deadly weapons.(b)(1) Any family or household member or medical professional who has a good faith belief that a child poses a risk of imminent personal injury to another person and such child possesses one or more firearms or other deadly weapon or deadly weapons and such firearm or firearms or other deadly weapon or deadly weapons are within or upon any place, thing or person, may make an application for a risk warrant with any clerk of the court for juvenile matters. The application and accompanying affidavit shall be made under oath and indicate: (A) The factual basis for the applicant's belief that such child poses a risk of imminent personal injury to another person;(B) the factual basis for the applicant's belief that such child possesses one or more firearms or deadly weapons; and(C) where any such firearm or other deadly weapon or ammunition is located, if known.(2) Upon receipt of an application and affidavit pursuant to this subsection, if the court finds that there is a good faith belief that a child poses a risk of imminent personal injury to another person and possesses one or more firearms or deadly weapons, the court shall order a risk warrant investigation to determine if the child who is the subject of the application poses a risk of imminent personal injury to another person and that the child possesses one or more firearms or deadly weapons. Upon issuance by the court of an order for a risk warrant investigation, the court shall immediately give notice of the order and transmit the order and the application and affidavit on which the order is based to the law enforcement agency for the town in which the child who is the subject of the investigation resides.(3) Upon receipt of a risk warrant investigation order of a child, the law enforcement agency shall immediately investigate whether the child who is the subject of the investigation poses a risk of imminent personal injury to another person and whether the child possesses one or more firearms or deadly weapons. If the law enforcement agency determines that there is probable cause to believe that the child who is the subject of the investigation poses a risk of imminent personal injury to another person and the child possesses one or more firearms or deadly weapons, such law enforcement agency shall seek a risk warrant pursuant to subsection (a) of this section not later than twenty-four hours after receiving the risk warrant investigation order or, if the law enforcement agency needs additional time to complete the investigation, as soon thereafter as is practicable. If the law enforcement agency determines that there is no probable cause to believe that the child who is the subject of the investigation poses a risk of imminent personal injury to another person and that the child who is the subject of the investigation possesses one or more firearms or deadly weapons, the law enforcement agency shall notify the court and the applicant of such determination, in writing, not later than forty-eight hours after receiving the investigation order, if practicable, or, if the law enforcement agency needs additional time to complete the risk warrant investigation, as soon thereafter as is practicable.(c) A risk warrant may issue only on an affidavit sworn to by the complainant before the judge and establishing the grounds for issuing the warrant, which shall be part of the juvenile court file. The file shall be considered a record of a juvenile matter and shall have the same confidentiality protections applicable to juvenile matters involving delinquency pursuant to subsections (c) and (d) of section 46b-124. In determining whether there is probable cause for a risk warrant, the judge shall consider: (1) Recent threats or acts of violence by such child directed toward other persons; and(2) recent acts of cruelty to animals as provided in subsection (b) of section 53-247, by such child. In evaluating whether such recent threats or acts of violence constitute probable cause to believe that such child poses a risk of imminent personal injury to others, the judge may consider other factors, including, but not limited to, (A) the reckless use, display or brandishing of a firearm or other deadly weapon by such child, (B) a history of the use, attempted use or threatened use of physical force by such child against other persons, (C) prior involuntary confinement of such child in a hospital for persons with psychiatric disabilities, and (D) the illegal use of controlled substances or abuse of alcohol by such child. If the judge is satisfied that the grounds for the complaint exist or that there is probable cause to believe that such grounds exist, the judge shall issue a risk warrant naming or describing the child, and the place or thing to be searched. The warrant shall be directed to any police officer of a regularly organized police department or any state police officer. The warrant shall state the grounds or probable cause for issuance and shall command the officer to search within a reasonable time the child, place or thing named for any and all firearms and other deadly weapons and ammunition. A copy of the warrant shall be served upon the child and the child's parent or guardian named in the warrant not later than three days before the hearing scheduled pursuant to subsection (e) of this section, together with a notice informing the child and the child's parent or guardian that such child has the right to a hearing and the right to be represented by counsel at the hearing. If the child and the child's parent or guardian are unable to afford counsel, counsel shall be appointed on behalf of the child if determined indigent and eligible in accordance with the provisions of chapter 887 for the purposes of proceedings pursuant to this section in the juvenile court.(d) The municipal or state police agency that executed the warrant shall file a copy of the application for the warrant and all affidavits upon which the warrant is based with the clerk of the juvenile court serving the town where the child resides and with the assistant state's attorney's office for such juvenile court not later than the next business day following the execution of the warrant. The clerk of the juvenile court shall not disclose any information pertaining to the application for the warrant or any affidavits upon which the warrant is based. The warrant shall be executed and returned with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all firearms and other deadly weapons and ammunition seized.(e) Not later than fourteen days after the issuance of a warrant under this section, the juvenile court serving the town where the child named in the risk warrant resides shall hold a hearing to determine whether the firearm or firearms or other deadly weapon or deadly weapons and ammunition should be returned to the rightful owner of any such firearm, deadly weapon or ammunition, or, if the state should continue to hold any such firearm, deadly weapon or ammunition. The judge hearing the matter may exclude from the room in which such hearing is held any person whose presence, in the court's opinion, is not necessary pursuant to subsection (b) of section 46b-122. At such hearing, the state shall have the burden of proving all material facts by clear and convincing evidence. If, after such hearing, the court finds by clear and convincing evidence that the child poses a risk of imminent personal injury to another person, the court may order that the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized pursuant to the warrant issued under subsection (a) of this section continue to be held by the state until further order of the court.(f) If the court finds that the state has failed to prove by clear and convincing evidence that the child poses a risk of imminent personal injury to another person and that the child possesses one or more firearms or deadly weapons, the court shall order the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized to be returned as soon as is practicable to the rightful owner of any such firearm, deadly weapon or ammunition, provided such owner is otherwise legally eligible to possess such items.(g) For the purposes of this section, "ammunition", "family or household member" and "medical professional" have the same meanings as provided in subsection (j) of section 29-38c and "deadly weapon" has the same meaning as provided in section 53a-3.Conn. Gen. Stat. § 29-38q
Added by P.A. 23-0089,S. 2 of the Connecticut Acts of the 2023 Regular Session, eff. 6/29/2023.