March 15, 2018

Rep. Zupkus Pushing for Bill to Protect Communities from Violent Offenders

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HARTFORD – State Rep. Lezlye Zupkus (R-89) testified in the Judiciary Committee on Wednesday on legislation, House Bill 5477, that will fix a loophole in Connecticut General Statutes regarding post-conviction bonds.

Rep. Zupkus received information from a concerned constituent that a violent criminal Hiral Patel was out on a post-conviction bond.

In 2012, Patel was convicted of eight counts related to a 2012 drug-related murder that occurred in Sharon, Connecticut. His charges included felony murder and conspiracy to commit home invasion. After the jury found him guilty, he was released on a post-conviction bond of $1.5 million while he was awaiting sentencing.

Rep. Zupkus said, “Patel should have never been released on a post-conviction bond. We have laws on the books that prohibit persons convicted of felony murder from being released on a bond.”

After Rep. Zupkus contacted the Chief State’s Attorney’s Office to inquire as to Mr. Patel had been released from prison she was told that the Connecticut Practice Book Section, which lawyers and our courts rely on does not make it clear that persons convicted of felony murder along with other serious crimes that are enumerated in the statutes are not allowed to be released on post-conviction bond.

As Rep. Zupkus researched the matter further, she found that there may be confusion as to whether Section 54-63f of the Connecticut General Statutes is constitutional. In 2002, in State v. McCahill, the Connecticut Supreme Court ruled that a portion of the statute is unconstitutional. In particular, the Supreme Court ruled that the portion of the statute that was adopted by the legislature in 2000 that prohibited persons convicted of a crime involving the use, attempted use, or threatened use of physical force against another person was too broad.

However, the court ruled that the portion of the statute that lists specific crimes, including felony murder, was constitutional & could remain law in Connecticut.

“I can’t believe that the Connecticut statutes were not updated and violent offenders were free on bail after being convicted,” added Rep. Zupkus. “We need to get this statute fixed immediately.”

The bill now awaits action by the Judiciary Committee. Rep. Zupkus believes this bill will move forward and the fix will be made.

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