General Assembly Raised Bill No. 1105
January Session, 2015 LCO No. 5242
*05242_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1105
January Session, 2015
LCO No. 5242
*05242_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING MINOR REVISIONS TO THE CRIMINAL JUSTICE STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 53a-31 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A period of probation or conditional discharge commences on the day it is imposed, [except that, where it is preceded by a sentence of imprisonment with execution suspended after a period of imprisonment set by the court,] unless the defendant is imprisoned, in which case it commences on the day the defendant is released from such imprisonment. Multiple periods, whether imposed at the same or different times, shall run concurrently.
Sec. 2. Section 54-65c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
A court shall vacate an order forfeiting a bail bond and release the professional bondsman, as defined in section 29-144, or the surety bail bond agent and the insurer, as both terms are defined in section 38a-660, if (1) the principal on the bail bond (A) is detained or incarcerated (i) in another state, territory or country, or (ii) by a federal agency, or (B) has been removed by United States Immigration and Customs Enforcement, and (2) the professional bondsman, the surety bail bond agent or the insurer provides satisfactory proof of such detention, incarceration or removal to the court and the state's attorney prosecuting the case, and (3) (A) the state's attorney prosecuting the case declines to seek extradition of the principal, or (B) the state's attorney prosecuting the case decides to seek extradition of the principal and the professional bondsman, surety bail bond agent or insurer provides proof to the court that such bondsman, agent or insurer has paid to the Division of Criminal Justice the costs it will incur in extraditing the principal to the state.
Sec. 3. Section 53a-54c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
A person is guilty of murder when, acting either alone or with one or more persons, [he] such person commits or attempts to commit robbery, home invasion, burglary, kidnapping, sexual assault in the first degree, aggravated sexual assault in the first degree, sexual assault in the third degree, sexual assault in the third degree with a firearm, escape in the first degree, or escape in the second degree and, in the course of and in furtherance of such crime or of flight therefrom, [he] such person, or another participant, if any, causes the death of a person other than one of the participants, except that in any prosecution under this section, in which the defendant was not the only participant in the underlying crime, it shall be an affirmative defense that the defendant: (1) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and (2) was not armed with a deadly weapon, or any dangerous instrument; and (3) had no reasonable ground to believe that any other participant was armed with such a weapon or instrument; and (4) had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
Sec. 4. Section 53a-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of assault in the second degree when: (1) With intent to cause serious physical injury to another person, [he] the actor causes such injury to such person or to a third person; or (2) with intent to cause physical injury to another person, [he] the actor causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm; or (3) [he] the actor recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (4) for a purpose other than lawful medical or therapeutic treatment, [he] the actor intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to such person, without his consent, a drug, substance or preparation capable of producing the same; or (5) [he] the actor is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the Board of Pardons and Paroles, he causes physical injury to such employee or member; or (6) with intent to cause serious physical injury to another person by rendering such other person unconscious, and without provocation by such other person, [he] the actor causes such injury to such other person by striking such other person on the head.
(b) Assault in the second degree is a class D felony or, if the offense resulted in serious physical injury, a class C felony.
Sec. 5. Subsection (a) of section 54-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense, and is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, and whether or not such person's place of residence is in this state, register such person's name, identifying factors, criminal history record, residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years from the date of such person's release into the community, except that any person who has one or more prior convictions of any such offense or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70 shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a criminal offense against a victim who is a minor or a nonviolent sexual offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.
Sec. 6. Subsection (b) of section 54-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(b) Any person who has been subject to the registration requirements of section 54-102r of the general statutes, revised to January 1, 1997, as amended by section 1 of public act 97-183, shall, not later than three working days after October 1, 1998, register under this section and thereafter comply with the provisions of sections 54-102g and 54-250 to 54-258a, inclusive, except that any person who was convicted or found not guilty by reason of mental disease or defect of an offense that is classified as a criminal offense against a victim who is a minor under subdivision (2) of section 54-250 and that is subject to a ten-year period of registration under section 54-251, as amended by this act, shall maintain such registration for ten years from the date of such person's release into the community.
Sec. 7. Subsection (a) of section 54-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in this state on or after October 1, 1998, of any felony that the court finds was committed for a sexual purpose, may be required by the court upon release into the community or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct to register such person's name, identifying factors, criminal history record, residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection, on such forms and in such locations as the commissioner shall direct, and to maintain such registration for ten years from the date of such person's release into the community. If the court finds that a person has committed a felony for a sexual purpose and intends to require such person to register under this section, prior to accepting a plea of guilty or nolo contendere from such person with respect to such felony, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.
Sec. 8. Section 53a-110a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of simple trespass when, knowing that [he] such person is not licensed or privileged to do so, [he] such person enters or remains in or on any premises without intent to harm any property.
(b) Simple trespass is an infraction.
Sec. 9. Section 53a-151 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of tampering with a witness if, believing that an investigation or official proceeding is pending or about to be instituted, [he] such person induces or attempts to induce a witness to testify or inform falsely, withhold testimony, information, a document or a thing, elude legal process summoning [him] such person to testify or provide evidence, or absent himself or herself from any official proceeding or investigation to which such person has been summoned.
(b) Tampering with a witness is a class C felony.
Sec. 10. Section 53a-151a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of intimidating a witness when, believing that an investigation or official proceeding is pending or about to be instituted, such person uses, attempts to use or threatens the use of physical force against a witness or another person with intent to (1) influence, delay or prevent the testimony of the witness in the official proceeding, or the cooperation of the witness in the investigation, or (2) induce the witness to testify or inform falsely, withhold testimony, information, a document or a thing, elude legal process summoning the witness to testify or provide evidence, or absent himself or herself from the official proceeding or investigation to which such person has been summoned.
(b) Intimidating a witness is a class C felony.
Sec. 11. Section 53a-155 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of tampering with or fabricating physical evidence if, believing that an investigation or official proceeding is pending, or about to be instituted, [he] such person: (1) Alters, destroys, conceals or removes any record, document or thing with purpose to impair its verity or availability in such investigation or proceeding; or (2) makes, presents or uses any record, document or thing knowing it to be false and with purpose to mislead a public servant who is or may be engaged in such investigation or official proceeding.
(b) Tampering with or fabricating physical evidence is a class D felony.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2015 53a-31(a)
Sec. 2 October 1, 2015 54-65c
Sec. 3 October 1, 2015 53a-54c
Sec. 4 October 1, 2015 53a-60
Sec. 5 October 1, 2015 54-251(a)
Sec. 6 October 1, 2015 54-252(b)
Sec. 7 October 1, 2015 54-254(a)
Sec. 8 October 1, 2015 53a-110a
Sec. 9 October 1, 2015 53a-151
Sec. 10 October 1, 2015 53a-151a
Sec. 11 October 1, 2015 53a-155
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2015
53a-31(a)
Sec. 2
October 1, 2015
54-65c
Sec. 3
October 1, 2015
53a-54c
Sec. 4
October 1, 2015
53a-60
Sec. 5
October 1, 2015
54-251(a)
Sec. 6
October 1, 2015
54-252(b)
Sec. 7
October 1, 2015
54-254(a)
Sec. 8
October 1, 2015
53a-110a
Sec. 9
October 1, 2015
53a-151
Sec. 10
October 1, 2015
53a-151a
Sec. 11
October 1, 2015
53a-155
Statement of Purpose:
To clarify that the period of probation for an incarcerated individual begins after the completion of the period of incarceration in response to the ruling in State v. Moore, to facilitate the return to Connecticut of fugitive defendants in criminal cases who have absconded to another jurisdiction after having bond posted through a bail bond agent, to include home invasion as a predicate offense to the crime of felony murder, to provide an appropriate penalty for assault that results in serious physical injury, to clarify that the ten-year period of registration for certain sexual offenders commences after any term of incarceration is completed, to provide for a more appropriate means of disposition in certain cases of simple trespass and to amend the statutes concerning tampering with a witness.
[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.]