General Assembly Substitute Bill No. 1005
January Session, 2017 *_____SB01005JUD___040717____*
General Assembly
Substitute Bill No. 1005
January Session, 2017
*_____SB01005JUD___040717____*
AN ACT CONCERNING TECHNICAL CHANGES TO STATUTES IN THE PENAL CODE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 53a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The following definitions are applicable to this part: (1) "Building" in addition to its ordinary meaning, includes any watercraft, aircraft, trailer, sleeping car, railroad car or other structure or vehicle or any building with a valid certificate of occupancy. Where a building consists of separate units, such as, but not limited to separate apartments, offices or rented rooms, any unit not occupied by the actor is, in addition to being a part of such building, a separate building; (2) "dwelling" means a building which is usually occupied by a person lodging [therein] in such building at night, whether or not a person is actually present; (3) "night" means the period between thirty minutes after sunset and thirty minutes before sunrise; and (4) "public land" means a state park, state forest or municipal park or any other publicly-owned land that is open to the public for active or passive recreation.
Sec. 2. Subsection (a) of section 53a-100aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) A person is guilty of home invasion when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime [therein] in such dwelling, and, in the course of committing the offense: (1) Acting either alone or with one or more persons, such person or another participant in the crime commits or attempts to commit a felony against the person of another person other than a participant in the crime who is actually present in such dwelling, or (2) such person is armed with explosives or a deadly weapon or dangerous instrument.
Sec. 3. Subsection (a) of section 53a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) A person is guilty of burglary in the first degree when (1) such person enters or remains unlawfully in a building with intent to commit a crime [therein] in such building and is armed with explosives or a deadly weapon or dangerous instrument, or (2) such person enters or remains unlawfully in a building with intent to commit a crime [therein] in such building and, in the course of committing the offense, intentionally, knowingly or recklessly inflicts or attempts to inflict bodily injury on anyone, or (3) such person enters or remains unlawfully in a dwelling at night with intent to commit a crime [therein] in such dwelling.
Sec. 4. Subsection (a) of section 53a-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) A person is guilty of burglary in the second degree when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime [therein] in such dwelling.
Sec. 5. Subsection (a) of section 53a-103 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) A person is guilty of burglary in the third degree when [he] such person enters or remains unlawfully in a building with intent to commit a crime [therein] in such building.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017 53a-100(a)
Sec. 2 October 1, 2017 53a-100aa(a)
Sec. 3 October 1, 2017 53a-101(a)
Sec. 4 October 1, 2017 53a-102(a)
Sec. 5 October 1, 2017 53a-103(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
53a-100(a)
Sec. 2
October 1, 2017
53a-100aa(a)
Sec. 3
October 1, 2017
53a-101(a)
Sec. 4
October 1, 2017
53a-102(a)
Sec. 5
October 1, 2017
53a-103(a)
Statement of Legislative Commissioners:
In Section 2, "the" was changed to "such" for consistency.
JUD Joint Favorable Subst. -LCO
JUD
Joint Favorable Subst. -LCO