| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | General Assembly Raised Bill No. 1127 | |
| 2 | 2 | January Session, 2015 LCO No. 5687 | |
| 3 | 3 | *05687_______JUD* | |
| 4 | 4 | Referred to Committee on JUDICIARY | |
| 5 | 5 | Introduced by: | |
| 6 | 6 | (JUD) | |
| 7 | 7 | ||
| 8 | 8 | General Assembly | |
| 9 | 9 | ||
| 10 | 10 | Raised Bill No. 1127 | |
| 11 | 11 | ||
| 12 | 12 | January Session, 2015 | |
| 13 | 13 | ||
| 14 | 14 | LCO No. 5687 | |
| 15 | 15 | ||
| 16 | 16 | *05687_______JUD* | |
| 17 | 17 | ||
| 18 | 18 | Referred to Committee on JUDICIARY | |
| 19 | 19 | ||
| 20 | 20 | Introduced by: | |
| 21 | 21 | ||
| 22 | 22 | (JUD) | |
| 23 | 23 | ||
| 24 | 24 | AN ACT CONCERNING MANDATORY MINIMUM SENTENCES FOR CHILDREN TRIED AS ADULTS. | |
| 25 | 25 | ||
| 26 | 26 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
| 27 | 27 | ||
| 28 | 28 | Section 1. Subsection (c) of section 46b-127 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
| 29 | 29 | ||
| 30 | 30 | (c) [Upon] (1) Except as provided in subdivision (2) of this subsection, upon the effectuation of the transfer, such child shall stand trial and be sentenced, if convicted, as if such child were eighteen years of age. Such child shall receive credit against any sentence imposed for time served in a juvenile facility prior to the effectuation of the transfer. A child who has been transferred may enter a guilty plea to a lesser offense if the court finds that such plea is made knowingly and voluntarily. Any child transferred to the regular criminal docket who pleads guilty to a lesser offense shall not resume such child's status as a juvenile regarding such offense. If the action is dismissed or nolled or if such child is found not guilty of the charge for which such child was transferred or of any lesser included offenses, the child shall resume such child's status as a juvenile until such child attains the age of eighteen years. | |
| 31 | 31 | ||
| 32 | 32 | (2) Notwithstanding any provision of the general statutes, when sentencing a child whose case has been transferred to the regular criminal docket of the Superior Court pursuant to this section and who is convicted of an offense for which there is a mandatory minimum sentence, the court may, for good cause shown, sentence such child to a term of imprisonment that is shorter than the prescribed mandatory minimum term. | |
| 33 | 33 | ||
| 34 | 34 | ||
| 35 | 35 | ||
| 36 | 36 | ||
| 37 | 37 | This act shall take effect as follows and shall amend the following sections: | |
| 38 | 38 | Section 1 from passage 46b-127(c) | |
| 39 | 39 | ||
| 40 | 40 | This act shall take effect as follows and shall amend the following sections: | |
| 41 | 41 | ||
| 42 | 42 | Section 1 | |
| 43 | 43 | ||
| 44 | 44 | from passage | |
| 45 | 45 | ||
| 46 | 46 | 46b-127(c) | |
| 47 | 47 | ||
| 48 | 48 | Statement of Purpose: | |
| 49 | 49 | ||
| 50 | 50 | To permit the court to depart from a mandatory minimum term requirement when sentencing a child. | |
| 51 | 51 | ||
| 52 | 52 | [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.] |