| 1 | 1 | | General Assembly Raised Bill No. 6475 |
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| 2 | 2 | | January Session, 2011 LCO No. 3466 |
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| 3 | 3 | | *03466_______JUD* |
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| 4 | 4 | | Referred to Committee on Judiciary |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (JUD) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 6475 |
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| 11 | 11 | | |
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| 12 | 12 | | January Session, 2011 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 3466 |
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| 15 | 15 | | |
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| 16 | 16 | | *03466_______JUD* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (JUD) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING MANDATORY MINIMUM SENTENCES. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsection (i) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 29 | 29 | | |
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| 30 | 30 | | (1) Any person who violates any provision of this section shall, for a first offense, be deemed to have committed an infraction and be fined not less than seventy-five dollars or more than ninety dollars and, for any subsequent offense, shall be fined not less than two hundred fifty dollars or more than three hundred fifty dollars or be imprisoned not more than thirty days, or both. |
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| 31 | 31 | | |
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| 32 | 32 | | (2) In addition to the penalty prescribed under subdivision (1) of this subsection, any person who violates any provision of this section who (A) has, prior to the commission of the present violation, committed a violation of this section or subsection (a) of section 14-215, shall be fined not more than five hundred dollars or sentenced to perform not more than one hundred hours of community service, or (B) has, prior to the commission of the present violation, committed two or more violations of this section or subsection (a) of section 14-215, or any combination thereof, shall be sentenced to a term of imprisonment of one year. [, ninety days of which may not be suspended or reduced in any manner.] |
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| 33 | 33 | | |
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| 34 | 34 | | Sec. 2. Subsections (b) and (c) of section 14-215 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 35 | 35 | | |
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| 36 | 36 | | (b) (1) Except as provided in subsection (c) of this section, any person who violates any provision of subsection (a) of this section shall, for a first offense, be fined not less than one hundred fifty dollars or more than two hundred dollars or imprisoned not more than ninety days, or be both fined and imprisoned, and, for any subsequent offense, shall be fined not less than two hundred dollars or more than six hundred dollars or imprisoned not more than one year, or be both fined and imprisoned. |
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| 37 | 37 | | |
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| 38 | 38 | | (2) Except as provided in subsection (c) of this section, in addition to the penalty prescribed under subdivision (1) of this subsection, any person who violates any provision of subsection (a) of this section who (A) has, prior to the commission of the present violation, committed a violation of subsection (a) of this section or section 14-36, as amended by this act, shall be fined not more than five hundred dollars or sentenced to perform not more than one hundred hours of community service, or (B) has, prior to the commission of the present violation, committed two or more violations of subsection (a) of this section or section 14-36, as amended by this act, or any combination thereof, shall be sentenced to a term of imprisonment of one year. [, ninety days of which may not be suspended or reduced in any manner.] |
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| 39 | 39 | | |
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| 40 | 40 | | (c) (1) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a violation of subsection (a) of section 14-227a, as amended by this act, or section 53a-56b or 53a-60d or pursuant to section 14-227b, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than one year. [, and, in the absence of any mitigating circumstances as determined by the court, thirty consecutive days of the sentence imposed may not be suspended or reduced in any manner.] |
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| 41 | 41 | | |
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| 42 | 42 | | (2) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a second violation of subsection (a) of section 14-227a, as amended by this act, or section 53a-56b or 53a-60d or for the second time pursuant to section 14-227b, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than two years. [, and, in the absence of any mitigating circumstances as determined by the court, one hundred twenty consecutive days of the sentence imposed may not be suspended or reduced in any manner.] |
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| 43 | 43 | | |
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| 44 | 44 | | (3) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a third or subsequent violation of subsection (a) of section 14-227a, as amended by this act, or section 53a-56b or 53a-60d or for the third or subsequent time pursuant to section 14-227b, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than three years. [, and, in the absence of any mitigating circumstances as determined by the court, one year of the sentence imposed may not be suspended or reduced in any manner.] |
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| 45 | 45 | | |
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| 46 | 46 | | [(4) The court shall specifically state in writing for the record the mitigating circumstances, or the absence thereof.] |
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| 47 | 47 | | |
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| 48 | 48 | | Sec. 3. Subsection (b) of section 14-223 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 49 | 49 | | |
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| 50 | 50 | | (b) No person operating a motor vehicle, when signaled to stop by an officer in a police vehicle using an audible signal device or flashing or revolving lights, shall increase the speed of the motor vehicle in an attempt to escape or elude such police officer. Any person who violates this subsection shall be guilty of a class A misdemeanor, except that, if such violation causes the death or serious physical injury, as defined in section 53a-3, of another person, such person shall be guilty of a class C felony, and shall have such person's motor vehicle operator's license suspended for one year for the first offense, except that the Commissioner of Motor Vehicles may, after a hearing, as provided for in subsection (k) of section 14-111, and upon a showing of compelling mitigating circumstances, reinstate such person's license before the expiration of such one-year period. For any subsequent offense such person shall be guilty of a class C felony, except that if any prior offense by such person under this subsection caused, and such subsequent offense causes, the death or serious physical injury, as defined in section 53a-3, of another person, such person shall be guilty of a class C felony, [for which one year of the sentence imposed may not be suspended or reduced by the court,] and shall have such person's motor vehicle operator's license suspended for not less than eighteen months nor more than two years, except that said commissioner may, after a hearing, as provided for in subsection (k) of section 14-111, and upon a showing of compelling mitigating circumstances, reinstate such person's license before such period. |
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| 51 | 51 | | |
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| 52 | 52 | | Sec. 4. Subsection (g) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 53 | 53 | | |
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| 54 | 54 | | Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, [forty-eight consecutive hours of which may not be suspended or reduced in any manner,] or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, [one hundred twenty consecutive days of which may not be suspended or reduced in any manner,] and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer, and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, [one year of which may not be suspended or reduced in any manner,] and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense. |
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| 55 | 55 | | |
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| 56 | 56 | | Sec. 5. Subsection (h) of section 15-133 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 57 | 57 | | |
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| 58 | 58 | | (h) Any person who violates the provisions of subsection (d) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, [forty-eight consecutive hours of which may not be suspended or reduced in any manner,] or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for one year; (2) for conviction of a second violation not later than ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, [one hundred twenty consecutive days of which may not be suspended or reduced in any manner,] and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for three years or until the date of such person's twenty-first birthday, whichever is longer; and (3) for conviction of a third and subsequent violation not later than ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, [one year of which may not be suspended or reduced in any manner,] and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation permanently revoked upon such third offense. |
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| 59 | 59 | | |
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| 60 | 60 | | Sec. 6. Subsection (c) of section 15-154 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 61 | 61 | | |
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| 62 | 62 | | (c) No person operating a vessel shall refuse to stop such vessel or, if sea conditions make stopping in that area unsafe, refuse to take such vessel to a designated area after being requested or signaled to do so by such officer. Any person operating a vessel who refuses to stop or refuses to take such vessel to the designated area shall have committed an infraction. Any person, when signaled to stop by such officer in a law enforcement vessel using an audible signal device or flashing blue lights, who operates such vessel in disregard of such signal so as to (1) interfere with or endanger the operation of the law enforcement vessel or any other vessel, (2) endanger or cause damage to property or person, or (3) increase or maintain speed in an attempt to escape or elude such law enforcement officer shall be guilty of a class A misdemeanor. If such violation causes the death or serious physical injury of another person, the vessel operator shall be guilty of a class D felony, and such operator's safe boating certificate, certificate of personal watercraft operation or right to operate a vessel that requires a certificate shall be suspended for one year. For any subsequent offense, such operator shall be guilty of a class D felony, [except that if any prior offense by such operator under this section caused, and such subsequent offense causes, the death or serious physical injury of another person, such operator shall be guilty of a class D felony for which one year of the sentence imposed may not be suspended or reduced by the court,] and such operator's safe boating certificate, certificate of personal watercraft operation or right to operate a vessel that requires a certificate shall be suspended for not less than eighteen months or more than two years. Proof of the registration number of the vessel shall be prima facie evidence in any prosecution that the owner was the operator. For purposes of this subsection, "serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ. |
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| 63 | 63 | | |
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| 64 | 64 | | Sec. 7. Subsection (d) of section 15-156 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 65 | 65 | | |
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| 66 | 66 | | (d) (1) Any person who operates any vessel during the period such person's certificate or right to operate a vessel in this state is under suspension or revocation on account of a violation of subsection (d) of section 15-133 or subsection (c) of section 15-154, as amended by this act, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than one year. [In the absence of any mitigating circumstances, as determined by the court, thirty consecutive days of the sentence imposed may not be suspended or reduced in any manner. The court shall specifically state, in writing, for the record any mitigating circumstances, or the absence thereof.] |
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| 67 | 67 | | |
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| 68 | 68 | | (2) Any person convicted of reckless operation of a vessel in the first or second degree while under the influence of intoxicating liquor or any drug, or both, in violation of section 15-140l or 15-140n, or of manslaughter in the second degree with a vessel, in violation of section 15-132a, who operates a vessel during the period such person's certificate or right to operate a vessel in this state is under suspension or revocation, in addition to any penalties imposed in accordance with said sections or section 15-140o, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than one year. [In the absence of any mitigating circumstances as determined by the court, thirty consecutive days of the sentence imposed may not be suspended or reduced in any manner. The court shall specifically state, in writing, for the record any mitigating circumstances, or the absence thereof.] |
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| 69 | 69 | | |
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| 70 | 70 | | (3) A court having jurisdiction of a violation of subdivision (1) or (2) of this subsection may prohibit such person from operating any vessel on any waters of this state for a period of not more than two years. Notice of such suspension shall be transmitted forthwith by the court to the Commissioner of Environmental Protection and the Commissioner of Motor Vehicles. |
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| 71 | 71 | | |
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| 72 | 72 | | Sec. 8. Subsection (g) of section 17a-699 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 73 | 73 | | |
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| 74 | 74 | | (g) The provisions of this section shall not be construed to limit the application of any provision of the general statutes [requiring mandatory minimum sentences and] prohibiting probation for certain offenses. |
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| 75 | 75 | | |
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| 76 | 76 | | Sec. 9. Subsection (c) of section 21a-267 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 77 | 77 | | |
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| 78 | 78 | | (c) Any person who violates subsection (a) or (b) of this section in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school and who is not enrolled as a student in such school shall be [imprisoned for a term] sentenced to a term of imprisonment of one year which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a) or (b) of this section. |
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| 79 | 79 | | |
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| 80 | 80 | | Sec. 10. Section 21a-278 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 81 | 81 | | |
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| 82 | 82 | | (a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person one or more preparations, compounds, mixtures or substances containing an aggregate weight of one ounce or more of heroin or methadone or an aggregate weight of one-half ounce or more of cocaine or one-half ounce or more of cocaine in a free-base form, or a substance containing five milligrams or more of lysergic acid diethylamide, except as authorized in this chapter, and who is not, at the time of such action, a drug-dependent person, shall be [imprisoned for a minimum term of] sentenced to a term of imprisonment of not less than five years or more than [twenty years; and, a maximum term of life imprisonment] life. [The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended, except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years, or (2) such person's mental capacity was significantly impaired, but not so impaired as to constitute a defense to prosecution.] |
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| 83 | 83 | | |
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| 84 | 84 | | (b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any narcotic substance, hallucinogenic substance other than marijuana, amphetamine-type substance, or one kilogram or more of a cannabis-type substance, except as authorized in this chapter, and who is not, at the time of such action, a drug-dependent person, for a first offense shall be [imprisoned] sentenced to a term of imprisonment of not less than five years or more than twenty years; and for each subsequent offense shall be [imprisoned] sentenced to a term of imprisonment of not less than ten years or more than twenty-five years. [The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended, except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years, or (2) such person's mental capacity was significantly impaired, but not so impaired as to constitute a defense to prosecution.] |
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| 85 | 85 | | |
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| 86 | 86 | | Sec. 11. Section 21a-278a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 87 | 87 | | |
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| 88 | 88 | | (a) Any person eighteen years of age or older who violates section 21a-277 or 21a-278, as amended by this act, and who is not, at the time of such action, a drug-dependent person, by distributing, selling, prescribing, dispensing, offering, giving or administering any controlled substance to another person who is under eighteen years of age and is at least two years younger than such person who is in violation of section 21a-277 or 21a-278, as amended by this act, shall be [imprisoned for a term] sentenced to a term of imprisonment of two years, which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278, as amended by this act. |
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| 89 | 89 | | |
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| 90 | 90 | | (b) Any person who violates section 21a-277 or 21a-278, as amended by this act, by manufacturing, distributing, selling, prescribing, dispensing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person any controlled substance in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school, a public housing project or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place shall be [imprisoned for a term] sentenced to a term of imprisonment of three years [,] which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278, as amended by this act. To constitute a violation of this subsection, an act of transporting or possessing a controlled substance shall be with intent to sell or dispense in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school, a public housing project or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place. For the purposes of this subsection, "public housing project" means dwelling accommodations operated as a state or federally subsidized multifamily housing project by a housing authority, nonprofit corporation or municipal developer, as defined in section 8-39, pursuant to chapter 128 or by the Connecticut Housing Authority pursuant to chapter 129. |
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| 91 | 91 | | |
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| 92 | 92 | | (c) Any person who employs, hires, uses, persuades, induces, entices or coerces a person under eighteen years of age to violate section 21a-277 or 21a-278, as amended by this act, shall be [imprisoned for a term] sentenced to a term of imprisonment of three years [,] which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278, as amended by this act. |
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| 93 | 93 | | |
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| 94 | 94 | | Sec. 12. Subsection (d) of section 21a-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 95 | 95 | | |
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| 96 | 96 | | (d) Any person who violates subsection (a), (b) or (c) of this section in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school and who is not enrolled as a student in such school or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place shall be [imprisoned for a term] sentenced to a term of imprisonment of two years, which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a), (b) or (c) of this section. |
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| 97 | 97 | | |
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| 98 | 98 | | Sec. 13. Subsection (b) of section 29-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 99 | 99 | | |
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| 100 | 100 | | (b) No person shall sell, barter, hire, lend, give, deliver or otherwise transfer to any person under the age of twenty-one years any pistol or revolver, except that a pistol or revolver may be temporarily transferred to any person only for the use by such person in target shooting or on a firing or shooting range, provided such use is otherwise permitted by law and is under the immediate supervision of a person eligible to possess a pistol or revolver. Any person violating any provision of this subsection shall be guilty of a class D felony. [for which one year of the sentence imposed may not be suspended or reduced by the court.] |
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| 101 | 101 | | |
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| 102 | 102 | | Sec. 14. Subsection (b) of section 29-37 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 103 | 103 | | |
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| 104 | 104 | | (b) Any person violating any provision of subsection (a) of section 29-35 may be fined not more than one thousand dollars and shall be [imprisoned] sentenced to a term of imprisonment of not less than one year or more than five years. [, and, in the absence of any mitigating circumstances as determined by the court, one year of the sentence imposed may not be suspended or reduced by the court. The court shall specifically state the mitigating circumstances, or the absence thereof, in writing for the record.] Any pistol or revolver found in the possession of any person in violation of any provision of subsection (a) of section 29-35 shall be forfeited. |
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| 105 | 105 | | |
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| 106 | 106 | | Sec. 15. Subsection (a) of section 53-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 107 | 107 | | |
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| 108 | 108 | | (a) Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child, or (2) has contact with the intimate parts, as defined in section 53a-65, of a child under the age of sixteen years or subjects a child under sixteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child, or (3) permanently transfers the legal or physical custody of a child under the age of sixteen years to another person for money or other valuable consideration or acquires or receives the legal or physical custody of a child under the age of sixteen years from another person upon payment of money or other valuable consideration to such other person or a third person, except in connection with an adoption proceeding that complies with the provisions of chapter 803, shall be guilty of a class C felony for a violation of subdivision (1) or (3) of this subsection and a class B felony for a violation of subdivision (2) of this subsection. [, except that, if the violation is of subdivision (2) of this subsection and the victim of the offense is under thirteen years of age, such person shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.] |
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| 109 | 109 | | |
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| 110 | 110 | | Sec. 16. Subsection (a) of section 53-202b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 111 | 111 | | |
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| 112 | 112 | | (a) (1) Any person who, within this state, distributes, transports or imports into the state, keeps for sale, or offers or exposes for sale, or who gives any assault weapon, except as provided by sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act, and subsection (h) of section 53a-46a, shall be guilty of a class C felony. [and shall be sentenced to a term of imprisonment of which two years may not be suspended or reduced.] |
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| 113 | 113 | | |
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| 114 | 114 | | (2) Any person who transfers, sells or gives any assault weapon to a person under eighteen years of age in violation of subdivision (1) of this subsection shall be sentenced to a term of imprisonment of six years, which [shall not be suspended or reduced and] shall be in addition and consecutive to the term of imprisonment imposed under subdivision (1) of this subsection. |
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| 115 | 115 | | |
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| 116 | 116 | | Sec. 17. Subsection (a) of section 53-202c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 117 | 117 | | |
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| 118 | 118 | | (a) Except as provided in section 53-202e, any person who, within this state, possesses any assault weapon, except as provided in sections 29-37j, 53-202a to 53-202k, inclusive, as amended by this act, and 53-202o and subsection (h) of section 53a-46a, shall be guilty of a class D felony; [and shall be sentenced to a term of imprisonment of which one year may not be suspended or reduced;] except that a first-time violation of this subsection shall be a class A misdemeanor if (1) the person presents proof that he lawfully possessed the assault weapon prior to October 1, 1993, and (2) the person has otherwise possessed the firearm in compliance with subsection (d) of section 53-202d. |
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| 119 | 119 | | |
|---|
| 120 | 120 | | Sec. 18. Section 53-202j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 121 | 121 | | |
|---|
| 122 | 122 | | Any person who commits any class A, B or C felony and in the commission of such felony uses, or is armed with and threatens the use of, or displays, or represents by his words or conduct that he possesses an assault weapon, as defined in section 53-202a, shall be [imprisoned for a term] sentenced to a term of imprisonment of eight years, which [shall not be suspended or reduced and] shall be in addition and consecutive to any term of imprisonment imposed for conviction of such felony. |
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| 123 | 123 | | |
|---|
| 124 | 124 | | Sec. 19. Section 53-202k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 125 | 125 | | |
|---|
| 126 | 126 | | Any person who commits any class A, B or C felony and in the commission of such felony uses, or is armed with and threatens the use of, or displays, or represents by his words or conduct that he possesses any firearm, as defined in section 53a-3, except an assault weapon, as defined in section 53-202a, shall be [imprisoned for a term] sentenced to a term of imprisonment of five years, which [shall not be suspended or reduced and] shall be in addition and consecutive to any term of imprisonment imposed for conviction of such felony. |
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| 127 | 127 | | |
|---|
| 128 | 128 | | Sec. 20. Subsection (b) of section 53a-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 129 | 129 | | |
|---|
| 130 | 130 | | (b) Notwithstanding the provisions of subsection (a) of this section, the provisions of sections 53a-28 to 53a-44, inclusive, as amended by this act, shall apply to motor vehicle violations. Said provisions shall apply to convictions under section 21a-278, as amended by this act. [except that the execution of any mandatory minimum sentence imposed under the provisions of said section may not be suspended.] |
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| 131 | 131 | | |
|---|
| 132 | 132 | | Sec. 21. Subsection (a) of section 53a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 133 | 133 | | |
|---|
| 134 | 134 | | (a) When imposing sentence of probation or conditional discharge, the court may, as a condition of the sentence, order that the defendant: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment; (2) undergo medical or psychiatric treatment and remain in a specified institution, when required for that purpose; (3) support the defendant's dependents and meet other family obligations; (4) make restitution of the fruits of the defendant's offense or make restitution, in an amount the defendant can afford to pay or provide in a suitable manner, for the loss or damage caused thereby and the court may fix the amount thereof and the manner of performance; (5) if a minor, (A) reside with the minor's parents or in a suitable foster home, (B) attend school, and (C) contribute to the minor's own support in any home or foster home; (6) post a bond or other security for the performance of any or all conditions imposed; (7) refrain from violating any criminal law of the United States, this state or any other state; (8) if convicted of a misdemeanor or a felony, other than a capital felony, a class A felony or a violation of section 21a-278, as amended by this act, 21a-278a, as amended by this act, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b, [or any offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court,] and any sentence of imprisonment is suspended, participate in an alternate incarceration program; (9) reside in a residential community center or halfway house approved by the Commissioner of Correction, and contribute to the cost incident to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of subdivision (2) of subsection (a) of section 53-21, as amended by this act, section 53a-70, as amended by this act, 53a-70a, as amended by this act, 53a-70b, 53a-71, as amended by this act, 53a-72a or 53a-72b, as amended by this act, undergo specialized sexual offender treatment; (13) if convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as defined in section 54-250, or of a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, register such person's identifying factors, as defined in section 54-250, with the Commissioner of Public Safety when required pursuant to section 54-251, 54-252 or 54-253, as the case may be; (14) be subject to electronic monitoring, which may include the use of a global positioning system; (15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias crime education program; (16) if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant; or (17) satisfy any other conditions reasonably related to the defendant's rehabilitation. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any. |
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| 135 | 135 | | |
|---|
| 136 | 136 | | Sec. 22. Subsection (c) of section 53a-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 137 | 137 | | |
|---|
| 138 | 138 | | (c) Except as provided in subsection (d) of this section, the minimum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, the minimum term shall not be less than ten nor more than twenty-five years; (2) for a class B, C or D felony the court may fix a minimum term of not less than one year nor more than one-half of the maximum term imposed, except that (A) where the maximum is less than three years the minimum term may be more than one-half the maximum term imposed, or (B) when a person is found guilty under section 53a-59(a)(1), section 53a-59a, as amended by this act, 53a-101(a)(1) or 53a-134(a)(2), the minimum term shall be not less than five years, [and such sentence shall not be suspended or reduced,] or when a person is found guilty under section 53a-60c, as amended by this act, the minimum term shall be not less than three years, [and such sentence shall not be suspended or reduced,] or when a person is found guilty under section 53a-60b, as amended by this act, the minimum term shall be not less than two years; [and such sentence shall not be suspended or reduced;] (3) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime. |
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| 139 | 139 | | |
|---|
| 140 | 140 | | Sec. 23. Section 53a-39 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 141 | 141 | | |
|---|
| 142 | 142 | | (a) At any time during the period of a definite sentence of three years or less, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced. |
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| 143 | 143 | | |
|---|
| 144 | 144 | | (b) At any time during the period of a definite sentence of more than three years, upon agreement of the defendant and the state's attorney to seek review of the sentence, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced. |
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| 145 | 145 | | |
|---|
| 146 | 146 | | [(c) The provisions of this section shall not apply to any portion of a sentence imposed that is a mandatory minimum sentence for an offense which may not be suspended or reduced by the court.] |
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| 147 | 147 | | |
|---|
| 148 | 148 | | [(d)] (c) At a hearing held by the sentencing court or judge under this section, such court or judge shall permit any victim of the crime to appear before the court or judge for the purpose of making a statement for the record concerning whether or not the sentence of the defendant should be reduced, the defendant should be discharged or the defendant should be discharged on probation or conditional discharge pursuant to subsection (a) or (b) of this section. In lieu of such appearance, the victim may submit a written statement to the court or judge and the court or judge shall make such statement a part of the record at the hearing. For the purposes of this subsection, "victim" means the victim, the legal representative of the victim or a member of the deceased victim's immediate family. |
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| 149 | 149 | | |
|---|
| 150 | 150 | | Sec. 24. Subsection (a) of section 53a-39a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 151 | 151 | | |
|---|
| 152 | 152 | | (a) In all cases where a defendant has been convicted of a misdemeanor or a felony, other than a capital felony, a class A felony or a violation of section 21a-278, as amended by this act, 21a-278a, as amended by this act, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b, [or any other offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court,] after trial or by a plea of guilty without trial, and a term of imprisonment is part of a stated plea agreement or the statutory penalty provides for a term of imprisonment, the court may, in its discretion, order an assessment for placement in an alternate incarceration program under contract with the Judicial Department. If the Court Support Services Division recommends placement in an alternate incarceration program, it shall also submit to the court a proposed alternate incarceration plan. Upon completion of the assessment, the court shall determine whether such defendant shall be ordered to participate in such program as an alternative to incarceration. If the court determines that the defendant shall participate in such program, the court shall suspend any sentence of imprisonment and shall make participation in the alternate incarceration program a condition of probation as provided in section 53a-30. |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | Sec. 25. Subsection (h) of section 53a-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 155 | 155 | | |
|---|
| 156 | 156 | | (h) When any person has been found to be a persistent dangerous felony offender, the court, in lieu of imposing the sentence of imprisonment authorized by the general statutes for the crime of which such person presently stands convicted, shall (1) sentence such person to a term of imprisonment that is not (A) less than twice the minimum term of imprisonment authorized for such crime, or (B) more than twice the maximum term of imprisonment authorized for such crime or forty years, whichever is greater, [provided, if a mandatory minimum term of imprisonment is authorized for such crime, such sentence shall include a mandatory minimum term of imprisonment that is twice such authorized mandatory minimum term of imprisonment,] and (2) if such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subsection (a) of this section, sentence such person to a term of imprisonment that is not less than three times the minimum term of imprisonment authorized for such crime or more than life. [, provided, if a mandatory minimum term of imprisonment is authorized for such crime, such sentence shall include a mandatory minimum term of imprisonment that is three times such authorized mandatory minimum term of imprisonment.] |
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| 157 | 157 | | |
|---|
| 158 | 158 | | Sec. 26. Subsection (m) of section 53a-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 159 | 159 | | |
|---|
| 160 | 160 | | (m) When any person has been found to be a persistent felony offender, the court, in lieu of imposing the sentence authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony, [;] provided the sentence imposed may not be less than three years. [, and provided further three years of the sentence so imposed may not be suspended or reduced by the court.] |
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| 161 | 161 | | |
|---|
| 162 | 162 | | Sec. 27. Subsection (b) of section 53a-55a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 163 | 163 | | |
|---|
| 164 | 164 | | (b) Manslaughter in the first degree with a firearm is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment in accordance with subdivision (5) of section 53a-35a. [of which five years of the sentence imposed may not be suspended or reduced by the court.] |
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| 165 | 165 | | |
|---|
| 166 | 166 | | Sec. 28. Subsection (b) of section 53a-56a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 167 | 167 | | |
|---|
| 168 | 168 | | (b) Manslaughter in the second degree with a firearm is a class C felony. [for which one year of the sentence imposed may not be suspended or reduced by the court.] |
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| 169 | 169 | | |
|---|
| 170 | 170 | | Sec. 29. Subsection (b) of section 53a-59 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 171 | 171 | | |
|---|
| 172 | 172 | | (b) Assault in the first degree is a class B felony. [provided (1) any person found guilty under subdivision (1) of subsection (a) shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court and (2) any person found guilty under subsection (a) shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court if the victim of the offense is a person under ten years of age or if the victim of the offense is a witness, as defined in section 53a-146, and the actor knew the victim was a witness.] |
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| 173 | 173 | | |
|---|
| 174 | 174 | | Sec. 30. Subsection (d) of section 53a-59a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 175 | 175 | | |
|---|
| 176 | 176 | | (d) Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree is a class B felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.] |
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| 177 | 177 | | |
|---|
| 178 | 178 | | Sec. 31. Subsection (b) of section 53a-60a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 179 | 179 | | |
|---|
| 180 | 180 | | (b) Assault in the second degree with a firearm is a class D felony. [for which one year of the sentence imposed may not be suspended or reduced by the court.] |
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| 181 | 181 | | |
|---|
| 182 | 182 | | Sec. 32. Subsection (d) of section 53a-60b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 183 | 183 | | |
|---|
| 184 | 184 | | (d) Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree is a class D felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court.] |
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| 185 | 185 | | |
|---|
| 186 | 186 | | Sec. 33. Subsection (d) of section 53a-60c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 187 | 187 | | |
|---|
| 188 | 188 | | (d) Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree with a firearm is a class D felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which three years of the sentence imposed may not be suspended or reduced by the court.] |
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| 189 | 189 | | |
|---|
| 190 | 190 | | Sec. 34. Subsection (b) of section 53a-61 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 191 | 191 | | |
|---|
| 192 | 192 | | (b) Assault in the third degree is a class A misdemeanor. [and any person found guilty under subdivision (3) of subsection (a) of this section shall be sentenced to a term of imprisonment of one year which may not be suspended or reduced.] |
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| 193 | 193 | | |
|---|
| 194 | 194 | | Sec. 35. Subsection (d) of section 53a-61a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 195 | 195 | | |
|---|
| 196 | 196 | | (d) Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the third degree is a class A misdemeanor. [and any person found guilty under this section shall be sentenced to a term of imprisonment of one year which shall not be suspended or reduced.] |
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| 197 | 197 | | |
|---|
| 198 | 198 | | Sec. 36. Subsection (b) of section 53a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 199 | 199 | | |
|---|
| 200 | 200 | | (b) (1) Except as provided in subdivision (2) of this subsection, sexual assault in the first degree is a class B felony. [for which two years of the sentence imposed may not be suspended or reduced by the court or, if the victim of the offense is under ten years of age, for which ten years of the sentence imposed may not be suspended or reduced by the court.] |
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| 201 | 201 | | |
|---|
| 202 | 202 | | (2) Sexual assault in the first degree is a class A felony if the offense is a violation of subdivision (1) of subsection (a) of this section and the victim of the offense is under sixteen years of age or the offense is a violation of subdivision (2) of subsection (a) of this section. [Any person found guilty under said subdivision (1) or (2) shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court if the victim is under ten years of age or of which five years of the sentence imposed may not be suspended or reduced by the court if the victim is under sixteen years of age.] |
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| 203 | 203 | | |
|---|
| 204 | 204 | | (3) Any person found guilty under this section shall be sentenced to a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of at least ten years. |
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| 205 | 205 | | |
|---|
| 206 | 206 | | Sec. 37. Subsection (b) of section 53a-70a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 207 | 207 | | |
|---|
| 208 | 208 | | (b) Aggravated sexual assault in the first degree is a class B felony or, if the victim of the offense is under sixteen years of age, a class A felony. [Any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court, except that, if such person committed sexual assault in the first degree by violating subdivision (1) of subsection (a) of section 53a-70, and the victim of the offense is under sixteen years of age, twenty years of the sentence imposed may not be suspended or reduced by the court.] Any person found guilty under this section shall be sentenced to a period of special parole pursuant to subsection (b) of section 53a-28 of at least five years. |
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| 209 | 209 | | |
|---|
| 210 | 210 | | Sec. 38. Subsection (b) of section 53a-70c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 211 | 211 | | |
|---|
| 212 | 212 | | (b) Aggravated sexual assault of a minor is a class A felony and any person found guilty under this section shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years [which may not be suspended or reduced by the court] and, for any subsequent offense, be sentenced to a term of imprisonment of fifty years. [which may not be suspended or reduced by the court.] |
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| 213 | 213 | | |
|---|
| 214 | 214 | | Sec. 39. Subsection (b) of section 53a-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 215 | 215 | | |
|---|
| 216 | 216 | | (b) Sexual assault in the second degree is a class C felony or, if the victim of the offense is under sixteen years of age, a class B felony. [, and any person found guilty under this section shall be sentenced to a term of imprisonment of which nine months of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 217 | 217 | | |
|---|
| 218 | 218 | | Sec. 40. Subsection (b) of section 53a-72b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 219 | 219 | | |
|---|
| 220 | 220 | | (b) Sexual assault in the third degree with a firearm is a class C felony or, if the victim of the offense is under sixteen years of age, a class B felony, and any person found guilty under this section shall be sentenced to a term of imprisonment [of which two years of the sentence imposed may not be suspended or reduced by the court] and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of ten years. |
|---|
| 221 | 221 | | |
|---|
| 222 | 222 | | Sec. 41. Subsection (b) of section 53a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 223 | 223 | | |
|---|
| 224 | 224 | | (b) Promoting prostitution in the first degree is a class B felony. [Any person found guilty under subdivision (2) of subsection (a) of this section shall be sentenced to a term of imprisonment of which nine months of the sentence imposed may not be suspended or reduced by the court.] |
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| 225 | 225 | | |
|---|
| 226 | 226 | | Sec. 42. Subsection (b) of section 53a-90a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 227 | 227 | | |
|---|
| 228 | 228 | | (b) (1) Except as provided in subdivision (2) of this subsection, enticing a minor is a class D felony for a first offense, a class C felony for a second offense and a class B felony for any subsequent offense. |
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| 229 | 229 | | |
|---|
| 230 | 230 | | (2) Enticing a minor is a class B felony if the victim of the offense is under thirteen years of age. [and any person found guilty of such class B felony shall, for a first offense, be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court and, for any subsequent offense, be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court.] |
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| 231 | 231 | | |
|---|
| 232 | 232 | | Sec. 43. Subsection (b) of section 53a-92a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
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| 233 | 233 | | |
|---|
| 234 | 234 | | (b) Kidnapping in the first degree with a firearm is a class A felony. [for which one year of the sentence imposed may not be suspended or reduced by the court.] |
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| 235 | 235 | | |
|---|
| 236 | 236 | | Sec. 44. Subsection (b) of section 53a-94 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 237 | 237 | | |
|---|
| 238 | 238 | | (b) Kidnapping in the second degree is a class B felony. [for which three years of the sentence imposed may not be suspended or reduced by the court.] |
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| 239 | 239 | | |
|---|
| 240 | 240 | | Sec. 45. Subsection (b) of section 53a-94a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 241 | 241 | | |
|---|
| 242 | 242 | | (b) Kidnapping in the second degree with a firearm is a class B felony. [for which three years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 243 | 243 | | |
|---|
| 244 | 244 | | Sec. 46. Subsection (c) of section 53a-100aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 245 | 245 | | |
|---|
| 246 | 246 | | (c) Home invasion is a class A felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which ten years may not be suspended or reduced by the court.] |
|---|
| 247 | 247 | | |
|---|
| 248 | 248 | | Sec. 47. Subsection (c) of section 53a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 249 | 249 | | |
|---|
| 250 | 250 | | (c) Burglary in the first degree is a class B felony. [provided any person found guilty under subdivision (1) of subsection (a) shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 251 | 251 | | |
|---|
| 252 | 252 | | Sec. 48. Subsection (b) of section 53a-102a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 253 | 253 | | |
|---|
| 254 | 254 | | (b) Burglary in the second degree with a firearm is a class C felony. [for which one year of the sentence imposed shall not be suspended or reduced by the court.] |
|---|
| 255 | 255 | | |
|---|
| 256 | 256 | | Sec. 49. Subsection (b) of section 53a-103a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 257 | 257 | | |
|---|
| 258 | 258 | | (b) Burglary in the third degree with a firearm is a class D felony. [for which one year of the sentence imposed shall not be suspended or reduced by the court.] |
|---|
| 259 | 259 | | |
|---|
| 260 | 260 | | Sec. 50. Subsection (b) of section 53a-134 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 261 | 261 | | |
|---|
| 262 | 262 | | (b) Robbery in the first degree is a class B felony. [provided any person found guilty under subdivision (2) of subsection (a) shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 263 | 263 | | |
|---|
| 264 | 264 | | Sec. 51. Section 53a-136a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | Any person who commits robbery by taking a motor vehicle from the person of another knowing that such motor vehicle is occupied by such other person shall be [imprisoned for a term] sentenced to a term of imprisonment of three years which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for such offense. |
|---|
| 267 | 267 | | |
|---|
| 268 | 268 | | Sec. 52. Subsection (b) of section 53a-165aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 269 | 269 | | |
|---|
| 270 | 270 | | (b) Hindering prosecution in the first degree is a class C felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 271 | 271 | | |
|---|
| 272 | 272 | | Sec. 53. Subsection (b) of section 53a-196a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 273 | 273 | | |
|---|
| 274 | 274 | | (b) Employing a minor in an obscene performance is a class A felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 275 | 275 | | |
|---|
| 276 | 276 | | Sec. 54. Subsection (b) of section 53a-196c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 277 | 277 | | |
|---|
| 278 | 278 | | (b) Importing child pornography is a class B felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 279 | 279 | | |
|---|
| 280 | 280 | | Sec. 55. Subsection (c) of section 53a-196d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 281 | 281 | | |
|---|
| 282 | 282 | | (c) Possessing child pornography in the first degree is a class B felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 283 | 283 | | |
|---|
| 284 | 284 | | Sec. 56. Subsection (c) of section 53a-196e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 285 | 285 | | |
|---|
| 286 | 286 | | (c) Possessing child pornography in the second degree is a class C felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 287 | 287 | | |
|---|
| 288 | 288 | | Sec. 57. Subsection (c) of section 53a-196f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 289 | 289 | | |
|---|
| 290 | 290 | | (c) Possessing child pornography in the third degree is a class D felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which one year of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 291 | 291 | | |
|---|
| 292 | 292 | | Sec. 58. Subsection (b) of section 53a-216 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 293 | 293 | | |
|---|
| 294 | 294 | | (b) Criminal use of a firearm or electronic defense weapon is a class D felony. [for which five years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 295 | 295 | | |
|---|
| 296 | 296 | | Sec. 59. Subsection (b) of section 53a-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 297 | 297 | | |
|---|
| 298 | 298 | | (b) Criminal possession of a firearm or electronic defense weapon is a class D felony. [, for which two years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 299 | 299 | | |
|---|
| 300 | 300 | | Sec. 60. Subsection (b) of section 53a-301 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | (b) Computer crime in furtherance of terrorist purposes is a class B felony. [and, if such offense is directed against any public agency, as defined in section 1-200, that is charged with the protection of public safety, five years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 303 | 303 | | |
|---|
| 304 | 304 | | Sec. 61. Subsection (c) of section 53a-303 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to sentences imposed on or after said date): |
|---|
| 305 | 305 | | |
|---|
| 306 | 306 | | (c) Contaminating a public water supply or food supply for terrorist purposes is a class C felony. [and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.] |
|---|
| 307 | 307 | | |
|---|
| 308 | 308 | | Sec. 62. Section 21a-283a of the general statutes is repealed. (Effective October 1, 2011) |
|---|
| 309 | 309 | | |
|---|
| 310 | 310 | | |
|---|
| 311 | 311 | | |
|---|
| 312 | 312 | | |
|---|
| 313 | 313 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 314 | 314 | | Section 1 October 1, 2011, and applicable to sentences imposed on or after said date 14-36(i) |
|---|
| 315 | 315 | | Sec. 2 October 1, 2011, and applicable to sentences imposed on or after said date 14-215(b) and (c) |
|---|
| 316 | 316 | | Sec. 3 October 1, 2011, and applicable to sentences imposed on or after said date 14-223(b) |
|---|
| 317 | 317 | | Sec. 4 October 1, 2011, and applicable to sentences imposed on or after said date 14-227a(g) |
|---|
| 318 | 318 | | Sec. 5 October 1, 2011, and applicable to sentences imposed on or after said date 15-133(h) |
|---|
| 319 | 319 | | Sec. 6 October 1, 2011, and applicable to sentences imposed on or after said date 15-154(c) |
|---|
| 320 | 320 | | Sec. 7 October 1, 2011, and applicable to sentences imposed on or after said date 15-156(d) |
|---|
| 321 | 321 | | Sec. 8 October 1, 2011, and applicable to sentences imposed on or after said date 17a-699(g) |
|---|
| 322 | 322 | | Sec. 9 October 1, 2011, and applicable to sentences imposed on or after said date 21a-267(c) |
|---|
| 323 | 323 | | Sec. 10 October 1, 2011, and applicable to sentences imposed on or after said date 21a-278 |
|---|
| 324 | 324 | | Sec. 11 October 1, 2011, and applicable to sentences imposed on or after said date 21a-278a |
|---|
| 325 | 325 | | Sec. 12 October 1, 2011, and applicable to sentences imposed on or after said date 21a-279(d) |
|---|
| 326 | 326 | | Sec. 13 October 1, 2011, and applicable to sentences imposed on or after said date 29-34(b) |
|---|
| 327 | 327 | | Sec. 14 October 1, 2011, and applicable to sentences imposed on or after said date 29-37(b) |
|---|
| 328 | 328 | | Sec. 15 October 1, 2011, and applicable to sentences imposed on or after said date 53-21(a) |
|---|
| 329 | 329 | | Sec. 16 October 1, 2011, and applicable to sentences imposed on or after said date 53-202b(a) |
|---|
| 330 | 330 | | Sec. 17 October 1, 2011, and applicable to sentences imposed on or after said date 53-202c(a) |
|---|
| 331 | 331 | | Sec. 18 October 1, 2011, and applicable to sentences imposed on or after said date 53-202j |
|---|
| 332 | 332 | | Sec. 19 October 1, 2011, and applicable to sentences imposed on or after said date 53-202k |
|---|
| 333 | 333 | | Sec. 20 October 1, 2011, and applicable to sentences imposed on or after said date 53a-24(b) |
|---|
| 334 | 334 | | Sec. 21 October 1, 2011, and applicable to sentences imposed on or after said date 53a-30(a) |
|---|
| 335 | 335 | | Sec. 22 October 1, 2011, and applicable to sentences imposed on or after said date 53a-35(c) |
|---|
| 336 | 336 | | Sec. 23 October 1, 2011, and applicable to sentences imposed on or after said date 53a-39 |
|---|
| 337 | 337 | | Sec. 24 October 1, 2011, and applicable to sentences imposed on or after said date 53a-39a(a) |
|---|
| 338 | 338 | | Sec. 25 October 1, 2011, and applicable to sentences imposed on or after said date 53a-40(h) |
|---|
| 339 | 339 | | Sec. 26 October 1, 2011, and applicable to sentences imposed on or after said date 53a-40(m) |
|---|
| 340 | 340 | | Sec. 27 October 1, 2011, and applicable to sentences imposed on or after said date 53a-55a(b) |
|---|
| 341 | 341 | | Sec. 28 October 1, 2011, and applicable to sentences imposed on or after said date 53a-56a(b) |
|---|
| 342 | 342 | | Sec. 29 October 1, 2011, and applicable to sentences imposed on or after said date 53a-59(b) |
|---|
| 343 | 343 | | Sec. 30 October 1, 2011, and applicable to sentences imposed on or after said date 53a-59a(d) |
|---|
| 344 | 344 | | Sec. 31 October 1, 2011, and applicable to sentences imposed on or after said date 53a-60a(b) |
|---|
| 345 | 345 | | Sec. 32 October 1, 2011, and applicable to sentences imposed on or after said date 53a-60b(d) |
|---|
| 346 | 346 | | Sec. 33 October 1, 2011, and applicable to sentences imposed on or after said date 53a-60c(d) |
|---|
| 347 | 347 | | Sec. 34 October 1, 2011, and applicable to sentences imposed on or after said date 53a-61(b) |
|---|
| 348 | 348 | | Sec. 35 October 1, 2011, and applicable to sentences imposed on or after said date 53a-61a(d) |
|---|
| 349 | 349 | | Sec. 36 October 1, 2011, and applicable to sentences imposed on or after said date 53a-70(b) |
|---|
| 350 | 350 | | Sec. 37 October 1, 2011, and applicable to sentences imposed on or after said date 53a-70a(b) |
|---|
| 351 | 351 | | Sec. 38 October 1, 2011, and applicable to sentences imposed on or after said date 53a-70c(b) |
|---|
| 352 | 352 | | Sec. 39 October 1, 2011, and applicable to sentences imposed on or after said date 53a-71(b) |
|---|
| 353 | 353 | | Sec. 40 October 1, 2011, and applicable to sentences imposed on or after said date 53a-72b(b) |
|---|
| 354 | 354 | | Sec. 41 October 1, 2011, and applicable to sentences imposed on or after said date 53a-86(b) |
|---|
| 355 | 355 | | Sec. 42 October 1, 2011, and applicable to sentences imposed on or after said date 53a-90a(b) |
|---|
| 356 | 356 | | Sec. 43 October 1, 2011, and applicable to sentences imposed on or after said date 53a-92a(b) |
|---|
| 357 | 357 | | Sec. 44 October 1, 2011, and applicable to sentences imposed on or after said date 53a-94(b) |
|---|
| 358 | 358 | | Sec. 45 October 1, 2011, and applicable to sentences imposed on or after said date 53a-94a(b) |
|---|
| 359 | 359 | | Sec. 46 October 1, 2011, and applicable to sentences imposed on or after said date 53a-100aa(c) |
|---|
| 360 | 360 | | Sec. 47 October 1, 2011, and applicable to sentences imposed on or after said date 53a-101(c) |
|---|
| 361 | 361 | | Sec. 48 October 1, 2011, and applicable to sentences imposed on or after said date 53a-102a(b) |
|---|
| 362 | 362 | | Sec. 49 October 1, 2011, and applicable to sentences imposed on or after said date 53a-103a(b) |
|---|
| 363 | 363 | | Sec. 50 October 1, 2011, and applicable to sentences imposed on or after said date 53a-134(b) |
|---|
| 364 | 364 | | Sec. 51 October 1, 2011, and applicable to sentences imposed on or after said date 53a-136a |
|---|
| 365 | 365 | | Sec. 52 October 1, 2011, and applicable to sentences imposed on or after said date 53a-165aa(b) |
|---|
| 366 | 366 | | Sec. 53 October 1, 2011, and applicable to sentences imposed on or after said date 53a-196a(b) |
|---|
| 367 | 367 | | Sec. 54 October 1, 2011, and applicable to sentences imposed on or after said date 53a-196c(b) |
|---|
| 368 | 368 | | Sec. 55 October 1, 2011, and applicable to sentences imposed on or after said date 53a-196d(c) |
|---|
| 369 | 369 | | Sec. 56 October 1, 2011, and applicable to sentences imposed on or after said date 53a-196e(c) |
|---|
| 370 | 370 | | Sec. 57 October 1, 2011, and applicable to sentences imposed on or after said date 53a-196f(c) |
|---|
| 371 | 371 | | Sec. 58 October 1, 2011, and applicable to sentences imposed on or after said date 53a-216(b) |
|---|
| 372 | 372 | | Sec. 59 October 1, 2011, and applicable to sentences imposed on or after said date 53a-217(b) |
|---|
| 373 | 373 | | Sec. 60 October 1, 2011, and applicable to sentences imposed on or after said date 53a-301(b) |
|---|
| 374 | 374 | | Sec. 61 October 1, 2011, and applicable to sentences imposed on or after said date 53a-303(c) |
|---|
| 375 | 375 | | Sec. 62 October 1, 2011 Repealer section |
|---|
| 376 | 376 | | |
|---|
| 377 | 377 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 378 | 378 | | |
|---|
| 379 | 379 | | Section 1 |
|---|
| 380 | 380 | | |
|---|
| 381 | 381 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 382 | 382 | | |
|---|
| 383 | 383 | | 14-36(i) |
|---|
| 384 | 384 | | |
|---|
| 385 | 385 | | Sec. 2 |
|---|
| 386 | 386 | | |
|---|
| 387 | 387 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 388 | 388 | | |
|---|
| 389 | 389 | | 14-215(b) and (c) |
|---|
| 390 | 390 | | |
|---|
| 391 | 391 | | Sec. 3 |
|---|
| 392 | 392 | | |
|---|
| 393 | 393 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 394 | 394 | | |
|---|
| 395 | 395 | | 14-223(b) |
|---|
| 396 | 396 | | |
|---|
| 397 | 397 | | Sec. 4 |
|---|
| 398 | 398 | | |
|---|
| 399 | 399 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 400 | 400 | | |
|---|
| 401 | 401 | | 14-227a(g) |
|---|
| 402 | 402 | | |
|---|
| 403 | 403 | | Sec. 5 |
|---|
| 404 | 404 | | |
|---|
| 405 | 405 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 406 | 406 | | |
|---|
| 407 | 407 | | 15-133(h) |
|---|
| 408 | 408 | | |
|---|
| 409 | 409 | | Sec. 6 |
|---|
| 410 | 410 | | |
|---|
| 411 | 411 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 412 | 412 | | |
|---|
| 413 | 413 | | 15-154(c) |
|---|
| 414 | 414 | | |
|---|
| 415 | 415 | | Sec. 7 |
|---|
| 416 | 416 | | |
|---|
| 417 | 417 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 418 | 418 | | |
|---|
| 419 | 419 | | 15-156(d) |
|---|
| 420 | 420 | | |
|---|
| 421 | 421 | | Sec. 8 |
|---|
| 422 | 422 | | |
|---|
| 423 | 423 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 424 | 424 | | |
|---|
| 425 | 425 | | 17a-699(g) |
|---|
| 426 | 426 | | |
|---|
| 427 | 427 | | Sec. 9 |
|---|
| 428 | 428 | | |
|---|
| 429 | 429 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 430 | 430 | | |
|---|
| 431 | 431 | | 21a-267(c) |
|---|
| 432 | 432 | | |
|---|
| 433 | 433 | | Sec. 10 |
|---|
| 434 | 434 | | |
|---|
| 435 | 435 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 436 | 436 | | |
|---|
| 437 | 437 | | 21a-278 |
|---|
| 438 | 438 | | |
|---|
| 439 | 439 | | Sec. 11 |
|---|
| 440 | 440 | | |
|---|
| 441 | 441 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 442 | 442 | | |
|---|
| 443 | 443 | | 21a-278a |
|---|
| 444 | 444 | | |
|---|
| 445 | 445 | | Sec. 12 |
|---|
| 446 | 446 | | |
|---|
| 447 | 447 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 448 | 448 | | |
|---|
| 449 | 449 | | 21a-279(d) |
|---|
| 450 | 450 | | |
|---|
| 451 | 451 | | Sec. 13 |
|---|
| 452 | 452 | | |
|---|
| 453 | 453 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 454 | 454 | | |
|---|
| 455 | 455 | | 29-34(b) |
|---|
| 456 | 456 | | |
|---|
| 457 | 457 | | Sec. 14 |
|---|
| 458 | 458 | | |
|---|
| 459 | 459 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 460 | 460 | | |
|---|
| 461 | 461 | | 29-37(b) |
|---|
| 462 | 462 | | |
|---|
| 463 | 463 | | Sec. 15 |
|---|
| 464 | 464 | | |
|---|
| 465 | 465 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 466 | 466 | | |
|---|
| 467 | 467 | | 53-21(a) |
|---|
| 468 | 468 | | |
|---|
| 469 | 469 | | Sec. 16 |
|---|
| 470 | 470 | | |
|---|
| 471 | 471 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 472 | 472 | | |
|---|
| 473 | 473 | | 53-202b(a) |
|---|
| 474 | 474 | | |
|---|
| 475 | 475 | | Sec. 17 |
|---|
| 476 | 476 | | |
|---|
| 477 | 477 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 478 | 478 | | |
|---|
| 479 | 479 | | 53-202c(a) |
|---|
| 480 | 480 | | |
|---|
| 481 | 481 | | Sec. 18 |
|---|
| 482 | 482 | | |
|---|
| 483 | 483 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 484 | 484 | | |
|---|
| 485 | 485 | | 53-202j |
|---|
| 486 | 486 | | |
|---|
| 487 | 487 | | Sec. 19 |
|---|
| 488 | 488 | | |
|---|
| 489 | 489 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 490 | 490 | | |
|---|
| 491 | 491 | | 53-202k |
|---|
| 492 | 492 | | |
|---|
| 493 | 493 | | Sec. 20 |
|---|
| 494 | 494 | | |
|---|
| 495 | 495 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 496 | 496 | | |
|---|
| 497 | 497 | | 53a-24(b) |
|---|
| 498 | 498 | | |
|---|
| 499 | 499 | | Sec. 21 |
|---|
| 500 | 500 | | |
|---|
| 501 | 501 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 502 | 502 | | |
|---|
| 503 | 503 | | 53a-30(a) |
|---|
| 504 | 504 | | |
|---|
| 505 | 505 | | Sec. 22 |
|---|
| 506 | 506 | | |
|---|
| 507 | 507 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 508 | 508 | | |
|---|
| 509 | 509 | | 53a-35(c) |
|---|
| 510 | 510 | | |
|---|
| 511 | 511 | | Sec. 23 |
|---|
| 512 | 512 | | |
|---|
| 513 | 513 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 514 | 514 | | |
|---|
| 515 | 515 | | 53a-39 |
|---|
| 516 | 516 | | |
|---|
| 517 | 517 | | Sec. 24 |
|---|
| 518 | 518 | | |
|---|
| 519 | 519 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 520 | 520 | | |
|---|
| 521 | 521 | | 53a-39a(a) |
|---|
| 522 | 522 | | |
|---|
| 523 | 523 | | Sec. 25 |
|---|
| 524 | 524 | | |
|---|
| 525 | 525 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 526 | 526 | | |
|---|
| 527 | 527 | | 53a-40(h) |
|---|
| 528 | 528 | | |
|---|
| 529 | 529 | | Sec. 26 |
|---|
| 530 | 530 | | |
|---|
| 531 | 531 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 532 | 532 | | |
|---|
| 533 | 533 | | 53a-40(m) |
|---|
| 534 | 534 | | |
|---|
| 535 | 535 | | Sec. 27 |
|---|
| 536 | 536 | | |
|---|
| 537 | 537 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 538 | 538 | | |
|---|
| 539 | 539 | | 53a-55a(b) |
|---|
| 540 | 540 | | |
|---|
| 541 | 541 | | Sec. 28 |
|---|
| 542 | 542 | | |
|---|
| 543 | 543 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 544 | 544 | | |
|---|
| 545 | 545 | | 53a-56a(b) |
|---|
| 546 | 546 | | |
|---|
| 547 | 547 | | Sec. 29 |
|---|
| 548 | 548 | | |
|---|
| 549 | 549 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 550 | 550 | | |
|---|
| 551 | 551 | | 53a-59(b) |
|---|
| 552 | 552 | | |
|---|
| 553 | 553 | | Sec. 30 |
|---|
| 554 | 554 | | |
|---|
| 555 | 555 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 556 | 556 | | |
|---|
| 557 | 557 | | 53a-59a(d) |
|---|
| 558 | 558 | | |
|---|
| 559 | 559 | | Sec. 31 |
|---|
| 560 | 560 | | |
|---|
| 561 | 561 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 562 | 562 | | |
|---|
| 563 | 563 | | 53a-60a(b) |
|---|
| 564 | 564 | | |
|---|
| 565 | 565 | | Sec. 32 |
|---|
| 566 | 566 | | |
|---|
| 567 | 567 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 568 | 568 | | |
|---|
| 569 | 569 | | 53a-60b(d) |
|---|
| 570 | 570 | | |
|---|
| 571 | 571 | | Sec. 33 |
|---|
| 572 | 572 | | |
|---|
| 573 | 573 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 574 | 574 | | |
|---|
| 575 | 575 | | 53a-60c(d) |
|---|
| 576 | 576 | | |
|---|
| 577 | 577 | | Sec. 34 |
|---|
| 578 | 578 | | |
|---|
| 579 | 579 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 580 | 580 | | |
|---|
| 581 | 581 | | 53a-61(b) |
|---|
| 582 | 582 | | |
|---|
| 583 | 583 | | Sec. 35 |
|---|
| 584 | 584 | | |
|---|
| 585 | 585 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 586 | 586 | | |
|---|
| 587 | 587 | | 53a-61a(d) |
|---|
| 588 | 588 | | |
|---|
| 589 | 589 | | Sec. 36 |
|---|
| 590 | 590 | | |
|---|
| 591 | 591 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 592 | 592 | | |
|---|
| 593 | 593 | | 53a-70(b) |
|---|
| 594 | 594 | | |
|---|
| 595 | 595 | | Sec. 37 |
|---|
| 596 | 596 | | |
|---|
| 597 | 597 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 598 | 598 | | |
|---|
| 599 | 599 | | 53a-70a(b) |
|---|
| 600 | 600 | | |
|---|
| 601 | 601 | | Sec. 38 |
|---|
| 602 | 602 | | |
|---|
| 603 | 603 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 604 | 604 | | |
|---|
| 605 | 605 | | 53a-70c(b) |
|---|
| 606 | 606 | | |
|---|
| 607 | 607 | | Sec. 39 |
|---|
| 608 | 608 | | |
|---|
| 609 | 609 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 610 | 610 | | |
|---|
| 611 | 611 | | 53a-71(b) |
|---|
| 612 | 612 | | |
|---|
| 613 | 613 | | Sec. 40 |
|---|
| 614 | 614 | | |
|---|
| 615 | 615 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 616 | 616 | | |
|---|
| 617 | 617 | | 53a-72b(b) |
|---|
| 618 | 618 | | |
|---|
| 619 | 619 | | Sec. 41 |
|---|
| 620 | 620 | | |
|---|
| 621 | 621 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 622 | 622 | | |
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| 623 | 623 | | 53a-86(b) |
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| 624 | 624 | | |
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| 625 | 625 | | Sec. 42 |
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| 626 | 626 | | |
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| 627 | 627 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 628 | 628 | | |
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| 629 | 629 | | 53a-90a(b) |
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| 630 | 630 | | |
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| 631 | 631 | | Sec. 43 |
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| 632 | 632 | | |
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| 633 | 633 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 634 | 634 | | |
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| 635 | 635 | | 53a-92a(b) |
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| 636 | 636 | | |
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| 637 | 637 | | Sec. 44 |
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| 638 | 638 | | |
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| 639 | 639 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 640 | 640 | | |
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| 641 | 641 | | 53a-94(b) |
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| 642 | 642 | | |
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| 643 | 643 | | Sec. 45 |
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| 644 | 644 | | |
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| 645 | 645 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 646 | 646 | | |
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| 647 | 647 | | 53a-94a(b) |
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| 648 | 648 | | |
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| 649 | 649 | | Sec. 46 |
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| 650 | 650 | | |
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| 651 | 651 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 652 | 652 | | |
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| 653 | 653 | | 53a-100aa(c) |
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| 654 | 654 | | |
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| 655 | 655 | | Sec. 47 |
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| 656 | 656 | | |
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| 657 | 657 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 658 | 658 | | |
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| 659 | 659 | | 53a-101(c) |
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| 660 | 660 | | |
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| 661 | 661 | | Sec. 48 |
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| 662 | 662 | | |
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| 663 | 663 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 664 | 664 | | |
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| 665 | 665 | | 53a-102a(b) |
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| 666 | 666 | | |
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| 667 | 667 | | Sec. 49 |
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| 668 | 668 | | |
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| 669 | 669 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 670 | 670 | | |
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| 671 | 671 | | 53a-103a(b) |
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| 672 | 672 | | |
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| 673 | 673 | | Sec. 50 |
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| 674 | 674 | | |
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| 675 | 675 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 676 | 676 | | |
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| 677 | 677 | | 53a-134(b) |
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| 678 | 678 | | |
|---|
| 679 | 679 | | Sec. 51 |
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| 680 | 680 | | |
|---|
| 681 | 681 | | October 1, 2011, and applicable to sentences imposed on or after said date |
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| 682 | 682 | | |
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| 683 | 683 | | 53a-136a |
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| 684 | 684 | | |
|---|
| 685 | 685 | | Sec. 52 |
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| 686 | 686 | | |
|---|
| 687 | 687 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 688 | 688 | | |
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| 689 | 689 | | 53a-165aa(b) |
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| 690 | 690 | | |
|---|
| 691 | 691 | | Sec. 53 |
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| 692 | 692 | | |
|---|
| 693 | 693 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 694 | 694 | | |
|---|
| 695 | 695 | | 53a-196a(b) |
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| 696 | 696 | | |
|---|
| 697 | 697 | | Sec. 54 |
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| 698 | 698 | | |
|---|
| 699 | 699 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 700 | 700 | | |
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| 701 | 701 | | 53a-196c(b) |
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| 702 | 702 | | |
|---|
| 703 | 703 | | Sec. 55 |
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| 704 | 704 | | |
|---|
| 705 | 705 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 706 | 706 | | |
|---|
| 707 | 707 | | 53a-196d(c) |
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| 708 | 708 | | |
|---|
| 709 | 709 | | Sec. 56 |
|---|
| 710 | 710 | | |
|---|
| 711 | 711 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 712 | 712 | | |
|---|
| 713 | 713 | | 53a-196e(c) |
|---|
| 714 | 714 | | |
|---|
| 715 | 715 | | Sec. 57 |
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| 716 | 716 | | |
|---|
| 717 | 717 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 718 | 718 | | |
|---|
| 719 | 719 | | 53a-196f(c) |
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| 720 | 720 | | |
|---|
| 721 | 721 | | Sec. 58 |
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| 722 | 722 | | |
|---|
| 723 | 723 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 724 | 724 | | |
|---|
| 725 | 725 | | 53a-216(b) |
|---|
| 726 | 726 | | |
|---|
| 727 | 727 | | Sec. 59 |
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| 728 | 728 | | |
|---|
| 729 | 729 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 730 | 730 | | |
|---|
| 731 | 731 | | 53a-217(b) |
|---|
| 732 | 732 | | |
|---|
| 733 | 733 | | Sec. 60 |
|---|
| 734 | 734 | | |
|---|
| 735 | 735 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 736 | 736 | | |
|---|
| 737 | 737 | | 53a-301(b) |
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| 738 | 738 | | |
|---|
| 739 | 739 | | Sec. 61 |
|---|
| 740 | 740 | | |
|---|
| 741 | 741 | | October 1, 2011, and applicable to sentences imposed on or after said date |
|---|
| 742 | 742 | | |
|---|
| 743 | 743 | | 53a-303(c) |
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| 744 | 744 | | |
|---|
| 745 | 745 | | Sec. 62 |
|---|
| 746 | 746 | | |
|---|
| 747 | 747 | | October 1, 2011 |
|---|
| 748 | 748 | | |
|---|
| 749 | 749 | | Repealer section |
|---|
| 750 | 750 | | |
|---|
| 751 | 751 | | Statement of Purpose: |
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| 752 | 752 | | |
|---|
| 753 | 753 | | To ensure individualized sentencing by eliminating statutory provisions that require the imposition of a term of imprisonment that cannot be suspended. |
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| 754 | 754 | | |
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| 755 | 755 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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