| 11 | | - | (a) A person is guilty of intimidating a witness when, believing that an 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 (2) induce the witness to testify falsely, withhold testimony, elude legal process summoning the witness to testify or absent himself or herself from the official proceeding. |
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| 18 | + | (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. |
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| 13 | | - | (b) Intimidating a witness is a class [C] B felony. |
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| 20 | + | (b) Tampering with a witness in the second degree is a class C felony. |
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| 21 | + | |
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| 22 | + | 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. |
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| 23 | + | |
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| 24 | + | (b) Tampering with a witness in the first degree is a class B felony. |
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| 25 | + | |
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| 26 | + | 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 Subsection (a) of section 54-82q of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
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| 27 | + | |
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| 28 | + | (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. |
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| 29 | + | |
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| 30 | + | 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): |
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| 31 | + | |
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| 32 | + | (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. |
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| 33 | + | |
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| 34 | + | |
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| 35 | + | |
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| 36 | + | |
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| 37 | + | This act shall take effect as follows and shall amend the following sections: |
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| 38 | + | Section 1 October 1, 2017 53a-151 |
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| 39 | + | Sec. 2 October 1, 2017 New section |
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| 40 | + | Sec. 3 October 1, 2017 54-82q(a) |
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| 41 | + | Sec. 4 October 1, 2017 54-82r(a) |
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| 42 | + | |
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| 43 | + | This act shall take effect as follows and shall amend the following sections: |
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| 44 | + | |
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| 45 | + | Section 1 |
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| 46 | + | |
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| 47 | + | October 1, 2017 |
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| 48 | + | |
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| 49 | + | 53a-151 |
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| 50 | + | |
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| 51 | + | Sec. 2 |
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| 52 | + | |
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| 53 | + | October 1, 2017 |
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| 54 | + | |
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| 55 | + | New section |
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| 56 | + | |
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| 57 | + | Sec. 3 |
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| 58 | + | |
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| 59 | + | October 1, 2017 |
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| 60 | + | |
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| 61 | + | 54-82q(a) |
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| 62 | + | |
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| 63 | + | Sec. 4 |
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| 64 | + | |
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| 65 | + | October 1, 2017 |
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| 66 | + | |
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| 67 | + | 54-82r(a) |
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| 68 | + | |
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| 69 | + | Statement of Legislative Commissioners: |
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| 70 | + | |
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| 71 | + | Sections 3 and 4 were added in order to make conforming section citations. |
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| 72 | + | |
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| 73 | + | |
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| 74 | + | |
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| 75 | + | JUD Joint Favorable Subst. |
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| 76 | + | |
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| 77 | + | JUD |
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| 78 | + | |
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| 79 | + | Joint Favorable Subst. |
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