General Assembly Substitute Bill No. 980
January Session, 2017 *_____SB00980JUD___040717____*
General Assembly
Substitute Bill No. 980
January Session, 2017
*_____SB00980JUD___040717____*
AN ACT CONCERNING TAMPERING WITH A WITNESS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 53a-151 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) A person is guilty of tampering with a witness in the second degree if, believing that an official proceeding is pending or about to be instituted, [he] such person induces or attempts to induce a witness to testify falsely, withhold testimony, elude legal process summoning [him] the witness to testify or absent himself or herself from any official proceeding.
(b) Tampering with a witness in the second degree is a class C felony.
Sec. 2. (NEW) (Effective October 1, 2017) (a) A person is guilty of tampering with a witness in the first degree if such person commits tampering with a witness in the second degree as provided in section 53a-151 of the general statutes, as amended by this act, and in the commission of such offense, such person physically harms or threatens to physically harm the witness or a third person.
(b) Tampering with a witness in the first degree is a class B felony.
Sec. 3. Subsection (a) of section 54-82q of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Upon application of a prosecutorial official, a court may issue a temporary restraining order prohibiting the harassment of a witness in a criminal case if the court finds, from specific facts shown by affidavit or verified complaint, that there are reasonable grounds to believe that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of an offense under section 53a-151, [or] as amended by this act, 53a-151a or section 2 of this act.
Sec. 4. Subsection (a) of section 54-82r of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Upon application of a prosecutorial official, a court may issue a protective order prohibiting the harassment of a witness in a criminal case if the court, after a hearing at which hearsay evidence shall be admissible, finds by a preponderance of the evidence that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of a violation of section 53a-151, [or] as amended by this act, 53a-151a or section 2 of this act. Any adverse party named in the complaint has the right to present evidence and cross-examine witnesses at such hearing. Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of such order to be sent to the witness, and a copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the appropriate law enforcement agency.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017 53a-151
Sec. 2 October 1, 2017 New section
Sec. 3 October 1, 2017 54-82q(a)
Sec. 4 October 1, 2017 54-82r(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
53a-151
Sec. 2
October 1, 2017
New section
Sec. 3
October 1, 2017
54-82q(a)
Sec. 4
October 1, 2017
54-82r(a)
Statement of Legislative Commissioners:
Sections 3 and 4 were added in order to make conforming section citations.
JUD Joint Favorable Subst.
JUD
Joint Favorable Subst.