General Assembly Raised Bill No. 1165
January Session, 2011 LCO No. 4450
*04450_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1165
January Session, 2011
LCO No. 4450
*04450_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING CRIMINAL LIABILITY OF CORPORATIONS, OTHER LEGAL ENTITIES AND THEIR AGENTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 53a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) A person shall be criminally liable for conduct constituting an offense which such person performs or causes to be performed in the name of or on behalf of a corporation or limited liability company to the same extent as if such conduct were performed in such person's own name or on such person's behalf.
(b) A person shall be criminally liable as provided in subsection (a) of this section or section 2 of this act, or shall be criminally liable for conduct performed in such person's own name or on such person's behalf, if:
(1) (A) The conduct which is an element of the offense occurs within this state, or (B) the result which is an element of the offense occurs within this state, except that this subparagraph shall not apply when the result within this state is caused by conduct occurring outside this state which would not be a crime where the conduct occurred, unless the person intentionally or knowingly caused the result within this state;
(2) Conduct occurring outside this state is sufficient under the laws of this state to constitute an attempt to commit a crime within this state;
(3) Conduct occurring outside this state is sufficient under the laws of this state to constitute conspiracy to commit a crime within this state, and an overt act in pursuance of such conspiracy occurs within this state;
(4) Conduct occurring within this state establishes the element under subsection (a) of section 53a-8 of soliciting, requesting, commanding, importuning or intentionally aiding another person to engage in conduct which constitutes an offense in another jurisdiction and which is also an offense in this state;
(5) The offense consists of the omission to perform a legal duty imposed by the laws of this state with respect to domicile in this state, residence in this state, or the relationship to a person, thing or transaction in this state; or
(6) The offense is based on a provision of the general statutes, which expressly prohibits conduct outside this state, when such conduct bears a reasonable relationship to a legitimate interest of this state and the person knew or should have known that the person's conduct was likely to affect such interest of this state.
(c) For the purposes of this section, "this state" includes the land and water, and the air space above such land and water, with respect to which the state has jurisdiction to enact legislation.
Sec. 2. (NEW) (Effective October 1, 2011) (a) As used in this section:
(1) "Agent" means a director, officer, employee or other person authorized to act on behalf of a corporation, a member of an unincorporated association or a partner in a partnership;
(2) "Corporation" means a public or private corporation, a limited liability company, an unincorporated association or a partnership. "Corporation" does not include a government or a governmental instrumentality; and
(3) "High managerial agent" means an agent of a corporation having duties of such responsibility that the agent's conduct may fairly be assumed to represent the policy of the corporation.
(b) A corporation may be convicted of a crime if:
(1) The crime is established in the general statutes and (A) the court determines that the legislative intent of the crime is to impose liability on a corporation, or (B) the statute designates the agents for whose conduct the corporation is accountable or the circumstances under which the corporation is accountable;
(2) The conduct is performed by an agent of the corporation on behalf of the corporation, within the scope of the agent's office or employment;
(3) The commission of the crime consists of an omission to discharge a specific duty to perform imposed on the corporation by law; or
(4) The commission of the crime was authorized, requested, commanded, performed or recklessly tolerated by the board of directors of the corporation, or by a high managerial agent acting on behalf of the corporation within the scope of the high managerial agent's office or employment.
(c) Whenever a duty to act is imposed by law on a corporation, any agent of the corporation having primary responsibility for the discharge of such duty shall be legally accountable for a reckless omission to act to the same extent as if such duty were imposed by law directly on such agent.
(d) In any prosecution under this section, it shall be an affirmative defense that the defendant exercised due diligence to prevent the commission of the crime.
(e) Any agent, high managerial agent or corporation convicted of a crime pursuant to this section shall be subject to the penalty applicable when an individual commits such crime in such individual's capacity.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 53a-11
Sec. 2 October 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
53a-11
Sec. 2
October 1, 2011
New section
Statement of Purpose:
To clarify the criminal liability of corporations, limited liability companies, unincorporated associations, partnerships and individuals with respect to conduct which occurs within or outside of this state, in order to facilitate the prosecution of Medicaid fraud and other crimes.
[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.]