Connecticut 2019 Regular Session

Connecticut Senate Bill SB00058 Compare Versions

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	7	+	General Assembly Substitute Bill No. 58
	8	+	January Session, 2019
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4		-	Substitute Senate Bill No. 58
5		-
6		-	Public Act No. 19-27
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8		-
9		-	AN ACT CONCERNING GA Y AND TRANSGENDER PA NIC
10		-	DEFENSE.
	12	+	AN ACT CONCERNING GA Y AND TRANSGENDER PA NIC DEFENSE.
11	13		Be it enacted by the Senate and House of Representatives in General
12	14		Assembly convened:
13	15
14		-	Section 1. Section 53a-13 of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2019):
16		-	(a) In any prosecution for an offense, it shall be an affirmative
17		-	defense that the defendant, at the time [he] the defendant committed
18		-	the proscribed act or acts, lacked substantial capacity, as a result of
19		-	mental disease or defect, either to appreciate the wrongfulness of his
20		-	conduct or to control his conduct within the requirements of the law.
21		-	(b) (1) It shall not be a defense under this section if such mental
22		-	disease or defect was proximately caused by the voluntary ingestion,
23		-	inhalation or injection of intoxicating liquor or any drug or substance,
24		-	or any combination thereof, unless such drug was prescribed for the
25		-	defendant by a prescribing practitioner, as defined in subdivision (22)
26		-	of section 20-571, and was used in accordance with the directions of
27		-	such prescription.
28		-	(2) No defendant may claim as a defense under this section that
29		-	such mental disease or defect was based solely on the discovery of,
30		-	knowledge about or potential disclosure of the victim's actual or Substitute Senate Bill No. 58
	16	+	Section 1. Section 53a-13 of the general statutes is repealed and the 1
	17	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	18	+	(a) In any prosecution for an offense, it shall be an affirmative 3
	19	+	defense that the defendant, at the time [he] the defendant committed 4
	20	+	the proscribed act or acts, lacked substantial capacity, as a result of 5
	21	+	mental disease or defect, either to appreciate the wrongfulness of his 6
	22	+	conduct or to control his conduct within the requirements of the law. 7
	23	+	(b) (1) It shall not be a defense under this section if such mental 8
	24	+	disease or defect was proximately caused by the voluntary ingestion, 9
	25	+	inhalation or injection of intoxicating liquor or any drug or substance, 10
	26	+	or any combination thereof, unless such drug was prescribed for the 11
	27	+	defendant by a prescribing practitioner, as defined in subdivision (22) 12
	28	+	of section 20-571, and was used in accordance with the directions of 13
	29	+	such prescription. 14
	30	+	(2) No defendant may claim as a defense under this section that 15
	31	+	such mental disease or defect was based solely on the discovery of, 16
	32	+	knowledge about or potential disclosure of the victim's actual or 17
	33	+	perceived sex, sexual orientation or gender identity or expression, 18
	34	+	including under circumstances in which the victim made an 19
	35	+	unwanted, nonforcible, romantic or sexual advance toward the 20 Substitute Bill No. 58
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32		-	Public Act No. 19-27 2 of 4
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34		-	perceived sex, sexual orientation or gender identity or expression,
35		-	including under circumstances in which the victim made an
36		-	unwanted, nonforcible, romantic or sexual advance toward the
37		-	defendant, or if the defendant and victim dated or had a romantic
38		-	relationship.
39		-	(c) As used in this section, (1) the terms mental disease or defect do
40		-	not include [(1)] (A) an abnormality manifested only by repeated
41		-	criminal or otherwise antisocial conduct, or [(2)] (B) pathological or
42		-	compulsive gambling, and (2) "gender identity or expression" means
43		-	gender identity or expression, as defined in section 53a-181i.
44		-	Sec. 2. Section 53a-16 of the general statutes is repealed and the
45		-	following is substituted in lieu thereof (Effective October 1, 2019):
46		-	In any prosecution for an offense, justification, as defined in sections
47		-	53a-17 to 53a-23, inclusive, shall be a defense. Justification as a defense
48		-	does not include provocation that resulted solely from the discovery
49		-	of, knowledge about or potential disclosure of the victim's actual or
50		-	perceived sex, sexual orientation or gender identity or expression,
51		-	including under circumstances in which the victim mad e an
52		-	unwanted, nonforcible, romantic or sexual advance toward the
53		-	defendant, or if the defendant and victim dated or had a romantic
54		-	relationship. As used in this section, "gender identity or expression"
55		-	means gender identity or expression, as defined in section 53a-181i.
56		-	Sec. 3. Section 53a-18 of the general statutes is repealed and the
57		-	following is substituted in lieu thereof (Effective October 1, 2019):
58		-	(a) The use of physical force upon another person which would
59		-	otherwise constitute an offense is justifiable and not criminal under
60		-	any of the following circumstances:
61		-	(1) A parent, guardian or other person entrusted with the care and
62		-	supervision of a minor or an incompetent person, except a person Substitute Senate Bill No. 58
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	42	+	defendant, or if the defendant and victim dated or had a romantic 21
	43	+	relationship. 22
	44	+	(c) As used in this section, (1) the terms mental disease or defect do 23
	45	+	not include [(1)] (A) an abnormality manifested only by repeated 24
	46	+	criminal or otherwise antisocial conduct, or [(2)] (B) pathological or 25
	47	+	compulsive gambling, and (2) "gender identity or expression" means 26
	48	+	gender identity or expression, as defined in section 53a-181i. 27
	49	+	Sec. 2. Section 53a-16 of the general statutes is repealed and the 28
	50	+	following is substituted in lieu thereof (Effective October 1, 2019): 29
	51	+	In any prosecution for an offense, justification, as defined in sections 30
	52	+	53a-17 to 53a-23, inclusive, shall be a defense. Justification as a defense 31
	53	+	does not include provocation that resulted solely from the discovery 32
	54	+	of, knowledge about or potential disclosure of the victim's actual or 33
	55	+	perceived sex, sexual orientation or gender identity or expression, 34
	56	+	including under circumstances in which the victim mad e an 35
	57	+	unwanted, nonforcible, romantic or sexual advance toward the 36
	58	+	defendant, or if the defendant and victim dated or had a romantic 37
	59	+	relationship. As used in this section, "gender identity or expression" 38
	60	+	means gender identity or expression, as defined in section 53a-181i. 39
	61	+	Sec. 3. Section 53a-18 of the general statutes is repealed and the 40
	62	+	following is substituted in lieu thereof (Effective October 1, 2019): 41
	63	+	(a) The use of physical force upon another person which would 42
	64	+	otherwise constitute an offense is justifiable and not criminal under 43
	65	+	any of the following circumstances: 44
	66	+	(1) A parent, guardian or other person entrusted with the care and 45
	67	+	supervision of a minor or an incompetent person, except a person 46
	68	+	entrusted with the care and supervision of a minor for school purposes 47
	69	+	as described in subdivision (6) of this section, may use reasonable 48
	70	+	physical force upon such minor or incompetent person when and to 49
	71	+	the extent that he or she reasonably believes such to be necessary to 50
	72	+	maintain discipline or to promote the welfare of such minor or 51 Substitute Bill No. 58
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66		-	entrusted with the care and supervision of a minor for school purposes
67		-	as described in subdivision (6) of this section, may use reasonable
68		-	physical force upon such minor or incompetent person when and to
69		-	the extent that he or she reasonably believes such to be necessary to
70		-	maintain discipline or to promote the welfare of such minor or
71		-	incompetent person.
72		-	(2) An authorized official of a correctional institution or facility may,
73		-	in order to maintain order and discipline, use such physical force as is
74		-	reasonable and authorized by the rules and regulations of the
75		-	Department of Correction.
76		-	(3) A person responsible for the maintenance of order in a common
77		-	carrier of passengers, or a person acting under his or her direction,
78		-	may use reasonable physical force when and to the extent that he or
79		-	she reasonably believes such to be necessary to maintain order, but he
80		-	or she may use deadly physical force only when he or she reasonably
81		-	believes such to be necessary to prevent death or serious physical
82		-	injury.
83		-	(4) A person acting under a reasonable belief that another person is
84		-	about to commit suicide or to inflict serious physical injury upon
85		-	himself or herself may use reasonable physical force upon such person
86		-	to the extent that he or she reasonably believes such to be necessary to
87		-	thwart such result.
88		-	(5) A duly licensed physician or psychologist, or a person acting
89		-	under his or her direction, may use reasonable physical force for the
90		-	purpose of administering a recognized form of treatment which he or
91		-	she reasonably believes to be adapted to promoting the physical or
92		-	mental health of the patient, provided the treatment (A) is
93		-	administered with the consent of the patient or, if the patient is a
94		-	minor or an incompetent person, with the consent of his or her parent,
95		-	guardian or other person entrusted with his or her care and Substitute Senate Bill No. 58
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99		-	supervision, or (B) is administered in an emergency when the
100		-	physician or psychologist reasonably believes that no one competent to
101		-	consent can be consulted and that a reasonable person, wishing to
102		-	safeguard the welfare of the patient, would consent.
103		-	(6) A teacher or other person entrusted with the care and
104		-	supervision of a minor for school purposes may use reasonable
105		-	physical force upon such minor when and to the extent [he] such
106		-	teacher or other person reasonably believes such force to be necessary
107		-	to (A) protect himself or herself or others from immediate physical
108		-	injury, (B) obtain possession of a dangerous instrument or controlled
109		-	substance, as defined in subdivision (9) of section 21a-240, upon or
110		-	within the control of such minor, (C) protect property from physical
111		-	damage or (D) restrain such minor or remove such minor to another
112		-	area, to maintain order.
113		-	(b) No person is justified in using force upon another person which
114		-	would otherwise constitute an offense based solely on the discovery of,
115		-	knowledge about or potential disclosure of the victim's actual or
116		-	perceived sex, sexual orientation or gender identity or expression,
117		-	including under circumstances in which the victim made an
118		-	unwanted, nonforcible, romantic or sexual advance toward the
119		-	defendant, or if the defendant and victim dated or had a romantic
120		-	relationship.
	79	+	incompetent person. 52
	80	+	(2) An authorized official of a correctional institution or facility may, 53
	81	+	in order to maintain order and discipline, use such physical force as is 54
	82	+	reasonable and authorized by the rules and regulations of the 55
	83	+	Department of Correction. 56
	84	+	(3) A person responsible for the maintenance of order in a common 57
	85	+	carrier of passengers, or a person acting under his or her direction, 58
	86	+	may use reasonable physical force when and to the extent that he or 59
	87	+	she reasonably believes such to be necessary to maintain order, but he 60
	88	+	or she may use deadly physical force only when he or she reasonably 61
	89	+	believes such to be necessary to prevent death or serious physical 62
	90	+	injury. 63
	91	+	(4) A person acting under a reasonable belief that another person is 64
	92	+	about to commit suicide or to inflict serious physical injury upon 65
	93	+	himself or herself may use reasonable physical force upon such person 66
	94	+	to the extent that he or she reasonably believes such to be necessary to 67
	95	+	thwart such result. 68
	96	+	(5) A duly licensed physician or psychologist, or a person acting 69
	97	+	under his or her direction, may use reasonable physical force for the 70
	98	+	purpose of administering a recognized form of treatment which he or 71
	99	+	she reasonably believes to be adapted to promoting the physical or 72
	100	+	mental health of the patient, provided the treatment (A) is 73
	101	+	administered with the consent of the patient or, if the patient is a 74
	102	+	minor or an incompetent person, with the consent of his or her parent, 75
	103	+	guardian or other person entrusted with his or her care and 76
	104	+	supervision, or (B) is administered in an emergency when the 77
	105	+	physician or psychologist reasonably believes that no one competent to 78
	106	+	consent can be consulted and that a reasonable person, wishing to 79
	107	+	safeguard the welfare of the patient, would consent. 80
	108	+	(6) A teacher or other person entrusted with the care and 81
	109	+	supervision of a minor for school purposes may use reasonable 82 Substitute Bill No. 58
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	116	+	physical force upon such minor when and to the extent [he] such 83
	117	+	teacher or other person reasonably believes such force to be necessary 84
	118	+	to (A) protect himself or herself or others from immediate physical 85
	119	+	injury, (B) obtain possession of a dangerous instrument or controlled 86
	120	+	substance, as defined in subdivision (9) of section 21a-240, upon or 87
	121	+	within the control of such minor, (C) protect property from physical 88
	122	+	damage or (D) restrain such minor or remove such minor to another 89
	123	+	area, to maintain order. 90
	124	+	(b) No person is justified in using force upon another person which 91
	125	+	would otherwise constitute an offense based solely on the discovery of, 92
	126	+	knowledge about or potential disclosure of the victim's actual or 93
	127	+	perceived sex, sexual orientation or gender identity or expression, 94
	128	+	including under circumstances in which the victim made an 95
	129	+	unwanted, nonforcible, romantic or sexual advance toward the 96
	130	+	defendant, or if the defendant and victim dated or had a romantic 97
	131	+	relationship. 98
	132	+	This act shall take effect as follows and shall amend the following
	133	+	sections:
	134	+
	135	+	Section 1 October 1, 2019 53a-13
	136	+	Sec. 2 October 1, 2019 53a-16
	137	+	Sec. 3 October 1, 2019 53a-18
	138	+
	139	+	Statement of Legislative Commissioners:
	140	+	In Section 2, Subsecs. (a) and (b) were merged for clarity.
	141	+
	142	+	JUD Joint Favorable Subst. -LCO
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