Connecticut 2019 Regular Session

Connecticut House Bill HB07223 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 7223
	8	+	January Session, 2019
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4		-	Substitute House Bill No. 7223
5		-
6		-	Public Act No. 19-7
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9		-	AN ACT CONCERNING TH E STORAGE OF A ~~PISTO L~~ OR
10		-	~~REVOLVER~~ IN A MOTOR VEHICLE.
	14	+	AN ACT CONCERNING TH E STORAGE OF A PISTOL OR REVOLVER
	15	+	IN A MOTOR VEHICLE.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. (NEW) (Effective October 1, 2019) (a) (1) No person shall
15		-	store or keep any pistol or revolver in any motor vehicle that is
16		-	unattended unless such pistol or revolver is in the trunk, a locked safe
17		-	or locked glove box.
18		-	(2) For purposes of this subsection, (A) a motor vehicle is
19		-	unattended if no person who is at least twenty-one years of age and
20		-	who is the owner or operator or a passenger of such motor vehicle is
21		-	inside the motor vehicle or is within close enough proximity to the
22		-	motor vehicle to prevent unauthorized access to the motor vehicle, (B)
23		-	"pistol" and "revolver" mean pistol and revolver, each as defined in
24		-	section 29-27 of the general statutes, (C) "motor vehicle" means a motor
25		-	vehicle, as defined in section 14-1 of the general statutes, and (D)
26		-	"trunk" means (i) the fully enclosed and locked main storage or
27		-	luggage compartment of a motor vehicle that is not accessible from the
28		-	passenger compartment, or (ii) a locked toolbox or utility box attached
29		-	to the bed of a pickup truck, as defined in section 14-1 of the general
30		-	statutes. "Trunk" does not include the rear of a pickup truck, except as
31		-	otherwise provided, or of a hatchback, station-wagon-type automobile Substitute House Bill No. 7223
	19	+	Section 1. (NEW) (Effective October 1, 2019) (a) (1) No person shall 1
	20	+	store or keep any pistol or revolver in any motor vehicle that is 2
	21	+	unattended unless such pistol or revolver is in a securely locked safe. 3
	22	+	(2) For purposes of this subsection, (A) a motor vehicle is 4
	23	+	unattended if no person who is at least twenty-one years of age and 5
	24	+	who is the owner or operator or a passenger of such motor vehicle is 6
	25	+	inside the motor vehicle or is within close enough proximity to the 7
	26	+	motor vehicle to prevent unauthorized access to the motor vehicle, and 8
	27	+	(B) "pistol" and "revolver" mean pistol and revolver, each as defined in 9
	28	+	section 29-27 of the general statutes, and (C) "motor vehicle" means a 10
	29	+	motor vehicle, as defined in section 14-1 of the general statutes. 11
	30	+	(b) Any person who violates any provision of subsection (a) of this 12
	31	+	section shall be guilty of a class D felony. 13
	32	+	This act shall take effect as follows and shall amend the following
	33	+	sections:
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33		-	~~Public Act~~ No. ~~19-7 2 of 4~~
	35	+	Section 1 October 1, 2019 New section Substitute Bill No. 7223
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35		-	or sport utility vehicle or any compartment that has a window.
36		-	(b) The provisions of subsection (a) of this section shall not apply to
37		-	any pistol or revolver issued or possessed by: (1) The Department of
38		-	Emergency Services and Public Protection, police departments, the
39		-	Department of Correction, the Division of Criminal Justice, the
40		-	Department of Motor Vehicles, the Department of Energy and
41		-	Environmental Protection, the Department of Revenue Services or the
42		-	military or naval forces of this state or of the United States, (2) a sworn
43		-	member of a law enforcement unit, as defined in section 7-294a of the
44		-	general statutes, including, but not limited to, the Department of
45		-	Correction or the Division of State Police within the Department of
46		-	Emergency Services and Public Protection, a chief inspector or
47		-	inspector in the Division of Criminal Justice, a salaried inspector of
48		-	motor vehicles designated by the Commissioner of Motor Vehicles, a
49		-	conservation officer or special conservation officer appointed by the
50		-	Commissioner of Energy and Environmental Protection pursuant to
51		-	section 26-5 of the general statutes or a constable who is certified by
52		-	the Police Officer Standards and Training Council and appointed by
53		-	the chief executive authority of a town, city or borough to perform
54		-	criminal law enforcement duties, for use by such sworn member,
55		-	inspector, officer or constable in the discharge of such sworn
56		-	member's, inspector's, officer's or constable's official duties or when off
57		-	duty, (3) a member of the military or naval forces of this state or of the
58		-	United States, or (4) a nuclear facility licensed by the United States
59		-	Nuclear Regulatory Commission for the purpose of providing security
60		-	services at such facility, or any contractor or subcontractor of such
61		-	facility for the purpose of providing security services at such facility,
62		-	provided such pistol or revolver issued or possessed by any such
63		-	agency, department, municipality, organization, force or entity or
64		-	person described in subdivisions (1) to (4), inclusive, of this subsection,
65		-	is being kept or stored in accordance with such issuing or possessing
66		-	agency, department, municipality, organization, force or entity or Substitute House Bill No. 7223
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68		-	Public Act No. 19-7 3 of 4
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	39	+	R01-HB.docx }
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70		-	person's policy concerning safe keeping or storage of a pistol or
71		-	revolver in a motor vehicle.
72		-	(c) The court may order suspension of prosecution if the court finds
73		-	that a violation of this section is not of a serious nature and that the
74		-	person charged with such violation (1) (A) will probably not offend in
75		-	the future, (B) has not previously been convicted of a violation of this
76		-	section, and (C) has not previously had a prosecution under this
77		-	section suspended pursuant to this subsection, or (2) was charged with
78		-	such violation because of facts or circumstances accurately reported by
79		-	such person to an organized local police department concerning a lost
80		-	or stolen firearm in accordance with the provisions of section 53-202g
81		-	of the general statutes. The court shall not order suspension of
82		-	prosecution unless the accused person has acknowledged that he or
83		-	she understands the consequences of the suspension of prosecution.
84		-	Any person for whom prosecution is suspended shall agree to the
85		-	tolling of any statute of limitations with respect to such violation and
86		-	to a waiver of his or her right to a speedy trial. Such person shall
87		-	appear in court and shall be released to the custody of the Court
88		-	Support Services Division for such period, not exceeding two years,
89		-	and under such conditions as the court shall order. If the person
90		-	refuses to accept, or, having accepted, violates such conditions, the
91		-	court shall terminate the suspension of prosecution and the case shall
92		-	be brought to trial. If such person satisfactorily completes such
93		-	person's period of probation, he or she may apply for dismissal of the
94		-	charges against such person and the court, on finding such satisfactory
95		-	completion, shall dismiss such charges. If the person does not apply
96		-	for dismissal of the charges against such person after satisfactorily
97		-	completing such person's period of probation, the court, upon receipt
98		-	of a report submitted by the Court Support Services Division that the
99		-	person satisfactorily completed such person's period of probation, may
100		-	on its own motion make a finding of such satisfactory completion and
101		-	dismiss such charges. Upon dismissal, all records of such charges shall Substitute House Bill No. 7223
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103		-	Public Act No. 19-7 4 of 4
	43	+	Statement of Legislative Commissioners:
	44	+	Subsection (a)(2)(B) was subdivided into subparagraphs (B) and (C) for
	45	+	clarity.
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105		-	be erased pursuant to section 54-142a of the general statutes. An order
106		-	of the court denying a motion to dismiss the charges against a person
107		-	who has completed such person's period of probation or terminating
108		-	the participation of a defendant in such program shall be a final
109		-	judgment for purposes of appeal.
110		-	(d) Any person who violates any provision of subsection (a) of this
111		-	section shall be guilty of a class A misdemeanor for a first offense and
112		-	a class D felony for any subsequent offense.
	47	+	JUD Joint Favorable Subst. -LCO
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