Connecticut 2015 Regular Session

Connecticut House Bill HB06939 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 6939
2		-	January Session, 2015 _____HB06939JUD___040715____
	1	+	General Assembly Raised Bill No. 6939
	2	+	January Session, 2015 LCO No. 4398
	3	+	04398_______JUD
	4	+	Referred to Committee on JUDICIARY
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 6939
	10	+	Raised Bill No. 6939
7	11
8	12		January Session, 2015
9	13
10		-	_____HB06939JUD___040715____
	14	+	LCO No. 4398
	15	+
	16	+	04398_______JUD
	17	+
	18	+	Referred to Committee on JUDICIARY
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
11	23
12	24		AN ACT CONCERNING SEXUAL ASSAULT IN THE FIRST DEGREE.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16	28		Section 1. Subsection (a) of section 53a-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
17	29
18	30		(a) The court may sentence a person to a period of probation upon conviction of any crime, [other than] except for a class A felony other than a violation of section 53a-70, as amended by this act, or 53a-70a, as amended by this act, if it is of the opinion that: (1) Present or extended institutional confinement of the defendant is not necessary for the protection of the public; (2) the defendant is in need of guidance, training or assistance which, in the defendant's case, can be effectively administered through probation supervision; and (3) such disposition is not inconsistent with the ends of justice.
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20	32		Sec. 2. Subsection (b) of section 53a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
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22	34		(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.
23	35
24	36		(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.
25	37
26		-	(3) Any person found guilty under this section shall be sentenced to a term of imprisonment of at least ten years, including any portion of such term which is suspended, or 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.
	38	+	(3) Any person found guilty under this section shall be sentenced to a term of imprisonment that is at least ten years, including any portion of such term which is suspended, or 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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28	40		Sec. 3. Subsection (b) of section 53a-70a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
29	41
30		-	(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, or if such person committed sexual assault in the first degree by violating subdivision (2) of subsection (a) of section 53a-70, and the victim of the offense is under ten years of age, ten years of the sentence may not be suspended or reduced by the court. Any person found guilty under this section, except a person who 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, shall be sentenced to a term of imprisonment of at least ten years, including any portion of such term which is suspended, or 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 [five] ten years. Any person found guilty under this section who 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, shall be sentenced to a term of imprisonment of twenty-five years, including any portion of such term which is suspended, or a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of twenty-five years.
	42	+	(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, or if such person committed sexual assault in the first degree by violating subdivision (2) of subsection (a) of section 53a-70, and the victim of the offense is under ten years of age, ten years of the sentence may not be suspended or reduced by the court. Any person found guilty under this section, except a person who 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, shall be sentenced to a term of imprisonment that is at least ten years, including any portion of such term which is suspended, or 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 [five] ten years. Any person found guilty under this section who 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, shall be sentenced to a term of imprisonment that is twenty-five years, including any portion of such term which may be suspended, a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of twenty-five years.
31	43
32	44
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35	47		This act shall take effect as follows and shall amend the following sections:
36	48		Section 1 October 1, 2015 53a-29(a)
37	49		Sec. 2 October 1, 2015 53a-70(b)
38	50		Sec. 3 October 1, 2015 53a-70a(b)
39	51
40	52		This act shall take effect as follows and shall amend the following sections:
41	53
42	54		Section 1
43	55
44	56		October 1, 2015
45	57
46	58		53a-29(a)
47	59
48	60		Sec. 2
49	61
50	62		October 1, 2015
51	63
52	64		53a-70(b)
53	65
54	66		Sec. 3
55	67
56	68		October 1, 2015
57	69
58	70		53a-70a(b)
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60		-	Statement of ~~Legislative Commissioners~~:
	72	+	Statement of Purpose:
61	73
62		-	~~In Sections 2(b)(3) and 3(b) "that is" was changed~~ to ~~"of"~~ for ~~consistency~~, and ~~in Section 3(b) "may be" was changed~~ to "is" and ~~a conjunction was added before the last clause,~~ ~~for proper form~~.
	74	+	To clarify the options available to the court in imposing sentence for a conviction for certain sexual assaults, and authorize the court to impose a traditional "split" sentence of prison and probation because probation permits longer terms of conditional liberty and official supervision.
63	75
64		-
65		-
66		-	JUD Joint Favorable Subst. -LCO
67		-
68		-	JUD
69		-
70		-	Joint Favorable Subst. -LCO
	76	+	[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.]