| 1 | 1 | | General Assembly Raised Bill No. 5342 |
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| 2 | 2 | | February Session, 2014 LCO No. 1560 |
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| 3 | 3 | | *01560_______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. 5342 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2014 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 1560 |
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| 15 | 15 | | |
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| 16 | 16 | | *01560_______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 THE PENALTY FOR LARCENY BY DEFRAUDING A PUBLIC COMMUNITY. |
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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. Section 53a-122 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) A person is guilty of larceny in the first degree when [he] such person commits larceny, as defined in section 53a-119, and: (1) The property or service, regardless of its nature and value, is obtained by extortion, (2) the value of the property or service exceeds twenty thousand dollars, (3) the property consists of a motor vehicle, the value of which exceeds twenty thousand dollars, or (4) the property is obtained by defrauding a public community, and the value of such property exceeds two thousand dollars. |
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| 31 | 31 | | |
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| 32 | 32 | | (b) For purposes of this section, "motor vehicle" means any motor vehicle, construction equipment, agricultural tractor or farm implement or major component part of any of the above. In any prosecution under subdivision (3) of subsection (a) of this section, evidence of (1) forcible entry, (2) forcible removal of ignition, or (3) alteration, mutilation or removal of a vehicle identification number shall be prima facie evidence (A) that the person in control or possession of such motor vehicle knows or should have known that such motor vehicle is stolen, and (B) that such person possesses such motor vehicle with larcenous intent. |
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| 33 | 33 | | |
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| 34 | 34 | | (c) Larceny in the first degree is a class B felony and any person found guilty under subdivision (4) of subsection (a) of this section shall be sentenced to a term of imprisonment of five years which may not be suspended or reduced by the court. |
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| 35 | 35 | | |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | This act shall take effect as follows and shall amend the following sections: |
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| 40 | 40 | | Section 1 October 1, 2014 53a-122 |
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| 41 | 41 | | |
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| 42 | 42 | | This act shall take effect as follows and shall amend the following sections: |
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| 43 | 43 | | |
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| 44 | 44 | | Section 1 |
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| 45 | 45 | | |
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| 46 | 46 | | October 1, 2014 |
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| 47 | 47 | | |
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| 48 | 48 | | 53a-122 |
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| 49 | 49 | | |
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| 50 | 50 | | Statement of Purpose: |
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| 51 | 51 | | |
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| 52 | 52 | | To establish a mandatory minimum sentence of five years imprisonment for larceny in the first degree when the property is obtained by defrauding a public community, and the value of the property exceeds two thousand dollars. |
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| 53 | 53 | | |
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| 54 | 54 | | [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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