Connecticut 2014 Regular Session

Connecticut House Bill HB05293 Compare Versions

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1-House Bill No. 5293
1+General Assembly Raised Bill No. 5293
2+February Session, 2014 LCO No. 1354
3+ *_____HB05293JUD___040214____*
4+Referred to Committee on VETERANS' AFFAIRS
5+Introduced by:
6+(VA)
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3-Public Act No. 14-56
8+General Assembly
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5-AN ACT CONCERNING STOLEN VALOR, VETERANS' SERVICE OFFICERS AND TECHNICAL CORRECTIONS TO THE DEFINITION OF VETERAN.
10+Raised Bill No. 5293
11+
12+February Session, 2014
13+
14+LCO No. 1354
15+
16+*_____HB05293JUD___040214____*
17+
18+Referred to Committee on VETERANS' AFFAIRS
19+
20+Introduced by:
21+
22+(VA)
23+
24+AN ACT CONCERNING STOLEN VALOR.
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726 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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9-Section 1. Subsection (b) of section 53-378 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
28+Section 1. Section 53-378 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
29+
30+(a) Any person [, other than an officer or enlisted man or woman of the armed forces, as defined in section 27-103, or any reserve component thereof, or of the state, as defined in section 27-2, or a member of a school or college military or naval organization, organized, uniformed and drilling as such, or a resident of any veterans' or soldiers' home, or a police officer,] who, with the intent to fraudulently obtain money, property or other tangible benefit, at any time, wears the uniform, or any part of the uniform, of any of [said] the armed forces, reserve components or organizations listed below in this subsection, within the state, shall be fined not less than five hundred dollars or more than one thousand dollars or imprisoned not more than six months, or both. [, provided nothing] The provisions of this subsection shall not apply to (1) an officer or enlisted man or woman of the armed forces, as defined in section 27-103, or any reserve component thereof, or of the state, as defined in section 27-2, (2) a member of a school or college military or naval organization, organized, uniformed and drilling as such, (3) a resident of any veterans' or soldiers' home, or (4) a police officer. Nothing in this [section] subsection shall be construed as prohibiting any person having been honorably discharged from any of said armed forces, reserve components or organizations from wearing the person's uniform in accordance with the laws of the United States or the state and the regulations governing any of said armed forces, reserve components or organizations, or any person taking part in any play, opera, theater or other entertainment from wearing such uniform while actually engaged in such entertainment.
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1132 (b) Any person who, with the intent to obtain money, property or other tangible benefit, falsely represents himself or herself, orally or in writing, to have been awarded any decoration or medal authorized by the United States Congress for the armed forces, as defined in section 27-103, or any of the service medals or badges awarded to the members of such armed forces, or the ribbon, button or rosette of any such decoration, medal or badge, or any colorable imitation thereof, shall be fined not less than five hundred dollars or more than one thousand dollars or imprisoned not more than six months, or both.
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13-Sec. 2. Section 27-135 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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15-(a) Any city or town, either separately or with one or more other cities and towns, may, by ordinance, establish a local veterans' advisory committee which shall have the responsibility of carrying out locally the duties and purposes of this section and, within their charter powers and as otherwise provided by law, may make available to such local committees the necessary funds to carry out their duties and responsibilities. The committee may (1) act as the coordinating agency in all matters concerning veterans and their dependents, coordinating the activities of public and private facilities concerned with veterans' reemployment, education, rehabilitation and adjustment to peacetime living; (2) cooperate with all national, state and local governmental and private agencies in securing services and benefits to which a veteran or his dependents may be entitled; (3) use the services and facilities of the veterans organizations so far as possible to carry out the purposes of this section; and (4) encourage and coordinate vocational training services for veterans.
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17-(b) Any city or town that (1) has not established [a] its own local veterans' advisory committee separate from one or more other cities or towns pursuant to subsection (a) of this section, and (2) does not otherwise provide funding for a veterans' service officer shall designate a city or town employee to serve as a veterans' service contact person in such city or town. Any city or town employee designated as a veterans' service contact person shall carry out the duties described in subsection (a) of this section and may complete an annual training course conducted by the veterans' advocacy and assistance unit, as described in subsection (b) of section 27-102l.
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19-Sec. 3. Subsection (b) of section 54-56e of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
37+This act shall take effect as follows and shall amend the following sections:
38+Section 1 October 1, 2014 53-378
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21-(b) The court may, in its discretion, invoke such program on motion of the defendant or on motion of a state's attorney or prosecuting attorney with respect to a defendant (1) who, the court believes, will probably not offend in the future, (2) who has no previous record of conviction of a crime or of a violation of section 14-196, subsection (c) of section 14-215, section 14-222a, subsection (a) of section 14-224 or section 14-227a, and (3) who states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury, that the defendant has never had such program invoked in the defendant's behalf or, with respect to a defendant who is a veteran, that the defendant has not had such program invoked in the defendant's behalf more than once previously, provided the defendant shall agree thereto and provided notice has been given by the defendant, on a form approved by rule of court, to the victim or victims of such crime or motor vehicle violation, if any, by registered or certified mail and such victim or victims have an opportunity to be heard thereon. Any defendant who makes application for participation in such program shall pay to the court an application fee of thirty-five dollars. For the purposes of this section, "veteran" means [a person who is (A) a veteran, as defined in subsection (a) of section 27-103, or (B) eligible to receive services from the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code] any person who was discharged or released under conditions other than dishonorable from active service in the armed forces as defined in section 27-103.
40+This act shall take effect as follows and shall amend the following sections:
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23-Sec. 4. Subsection (c) of section 54-56i of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
42+Section 1
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25-(c) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, the court shall refer such person (1) to the Court Support Services Division for confirmation of the eligibility of the applicant, (2) to the Department of Mental Health and Addiction Services for evaluation and determination of an appropriate drug education or substance abuse treatment program for the first or second time such application is granted, and (3) to a state-licensed substance abuse treatment program for evaluation and determination of an appropriate substance abuse treatment program for the third time such application is granted, except that, if such person is a veteran, the court may refer such person to the Department of Veterans' Affairs or the United States Department of Veterans Affairs, as applicable, for any such evaluation. For the purposes of this subsection and subsection (d) of this section, "veteran" means [a person who is (A) a veteran, as defined in subsection (a) of section 27-103, or (B) eligible to receive services from the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code] any person who was discharged or released under conditions other than dishonorable from active service in the armed forces as defined in section 27-103.
44+October 1, 2014
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27-Sec. 5. Subsection (a) of section 54-56l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
46+53-378
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29-(a) There shall be a supervised diversionary program for persons with psychiatric disabilities, or persons who are veterans, who are accused of a crime or crimes or a motor vehicle violation or violations for which a sentence to a term of imprisonment may be imposed, which crimes or violations are not of a serious nature. For the purposes of this section, (1) "psychiatric disability" means a mental or emotional condition, other than solely substance abuse, that (A) has substantial adverse effects on the defendant's ability to function, and (B) requires care and treatment, and (2) "veteran" means a person who is found, pursuant to subsection (d) of this section, to have a mental health condition that is amenable to treatment, and [is (A) a veteran, as defined in subsection (a) of section 27-103, or (B) eligible to receive services from the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code] who was discharged or released under conditions other than dishonorable from active service in the armed forces as defined in section 27-103.
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49+
50+VA Joint Favorable C/R JUD
51+JUD Joint Favorable
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53+VA
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55+Joint Favorable C/R
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57+JUD
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59+JUD
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61+Joint Favorable