Connecticut 2019 Regular Session

Connecticut Senate Bill SB00883 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 883
8	6		January Session, 2019
9	7		LCO No. 3973
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11	9
12	10		Referred to Committee on COMMITTEE ON CHILDREN
13	11
14	12
15	13		Introduced by:
16	14		(KID)
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20	19		AN ACT CONCERNING TH E THREATENING OF CHILD PROTECTIVE
21	20		SERVICES WORKERS.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. Section 53a-61aa of the general statutes is repealed and 1
26	25		the following is substituted in lieu thereof (Effective October 1, 2019): 2
27	26		(a) A person is guilty of threatening in the first degree when such 3
28	27		person (1) (A) threatens to commit any crime involving the use of a 4
29	28		hazardous substance with the intent to terrorize another person, to 5
30	29		cause evacuation of a building, place of assembly or facility of public 6
31	30		transportation or otherwise to cause serious public inconvenience, or 7
32	31		(B) threatens to commit such crime in reckless disregard of the risk of 8
33	32		causing such terror, evacuation or inconvenience; (2) (A) threatens to 9
34	33		commit any crime of violence with the intent to cause evacuation of a 10
35	34		building, place of assembly or facility of public transportation or 11
36	35		otherwise to cause serious public inconvenience, or (B) threatens to 12
37	36		commit such crime in reckless disregard of the risk of causing such 13
38	37		evacuation or inconvenience; (3) commits threatening in the second 14
39		-	degree as provided in section 53a-62, as amended by this act, and in 15
40		-	the commission of such offense such person uses or is armed with and 16 Raised Bill No. 883
	38	+	degree as provided in section 53a-62, as amended by this act, and in 15 Raised Bill No. 883
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	44	+	the commission of such offense such person uses or is armed with and 16
47	45		threatens the use of or displays or represents by such person's words 17
48	46		or conduct that such person possesses a pistol, revolver, shotgun, rifle, 18
49	47		machine gun or other firearm; [or] (4) violates subdivision (1) or (2) of 19
50	48		this subsection with the intent to cause an evacuation of a building or 20
51	49		the grounds of a (A) house of religious worship, (B) religiously-21
52	50		affiliated community center, (C) public or nonpublic preschool, school 22
53	51		or institution of higher education, or (D) day care center, as defined in 23
54	52		section 19a-87g, during operational, preschool, school or instructional 24
55	53		hours or when a building or the grounds of such house of worship, 25
56	54		community center, preschool, school, institution or day care center are 26
57	55		being used for the provision of religious or community services, or 27
58	56		house of worship, community center, preschool, school, institution or 28
59	57		day care center-sponsored activities; or (5) violates subdivision (1) or 29
60	58		(3) of this subsection and the person threatened is a child protective 30
61	59		services worker and the threat is related to such child protective 31
62	60		services worker's official duties. No person shall be found guilty of 32
63	61		threatening in the first degree under subdivision (3) of this subsection 33
64	62		and threatening in the second degree upon the same transaction but 34
65	63		such person may be charged and prosecuted for both such offenses 35
66	64		upon the same information. 36
67	65		(b) For the purposes of this section: [,] 37
68	66		(1) ["hazardous substance"] "Hazardous substance" means any 38
69	67		physical, chemical, biological or radiological substance or matter 39
70	68		which, because of its quantity, concentration or physical, chemical or 40
71	69		infectious characteristics, may cause or significantly contribute to an 41
72	70		increase in mortality or an increase in serious irreversible or 42
73	71		incapacitating reversible illness, or pose a substantial present or 43
74	72		potential hazard to human health; [and] 44
75	73		(2) ["religiously-affiliated community center"] "Religiously-affiliated 45
76	74		community center" means real property used for the provision of 46
77	75		recreational, social or educational services that is owned or leased by a 47
78		-	nonprofit organization that holds such property out as being affiliated 48
79		-	with an organized religion; and 49 Raised Bill No. 883
	76	+	nonprofit organization that holds such property out as being affiliated 48 Raised Bill No. 883
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	82	+	with an organized religion; and 49
86	83		(3) "Child protective services worker" means a social worker, 50
87	84		supervisor, manager, case worker, case aide or investigator employed 51
88	85		by the Department of Children and Families or a person who provides 52
89	86		social work, case work or investigative services to, or on behalf of, the 53
90	87		department pursuant to a contract with the department. 54
91	88		(c) Threatening in the first degree is a class D felony, except that a 55
92	89		violation of subdivision (4) of subsection (a) of this section is a class C 56
93	90		felony. 57
94	91		Sec. 2. Section 53a-62 of the general statutes is repealed and the 58
95	92		following is substituted in lieu thereof (Effective October 1, 2019): 59
96	93		(a) A person is guilty of threatening in the second degree when: (1) 60
97	94		By physical threat, such person intentionally places or attempts to 61
98	95		place another person in fear of imminent serious physical injury, (2) 62
99	96		(A) such person threatens to commit any crime of violence with the 63
100	97		intent to terrorize another person, or (B) such person threatens to 64
101	98		commit such crime of violence in reckless disregard of the risk of 65
102	99		causing such terror, [or] (3) such person violates subdivision (1) or (2) 66
103	100		of this subsection and the person threatened is in a building or on the 67
104	101		grounds of a (A) house of religious worship, (B) religiously-affiliated 68
105	102		community center, (C) public or nonpublic preschool, school or 69
106	103		institution of higher education, or (D) day care center, as defined in 70
107	104		section 19a-87g, during operational, preschool, school or instructional 71
108	105		hours or when a building or the grounds of such house of worship, 72
109	106		community center, preschool, school, institution or day care center are 73
110	107		being used for the provision of religious or community services, or 74
111	108		house of worship, community center, preschool, school, institution or 75
112	109		day care center-sponsored activities, or (4) such person violates 76
113	110		subdivision (1) or (2) of this subsection and the person threatened is a 77
114	111		child protective services worker and the threat is related to such child 78
115	112		protective services worker's official duties. 79
116		-	(b) For the purposes of this section, "religiously-affiliated 80
117		-	community center" [has] and "child protective services worker" have 81 Raised Bill No. 883
	113	+	(b) For the purposes of this section, "religiously-affiliated 80 Raised Bill No. 883
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	119	+	community center" [has] and "child protective services worker" have 81
124	120		the same meaning as provided in section 53a-61aa, as amended by this 82
125	121		act. 83
126	122		(c) Threatening in the second degree is a class A misdemeanor, 84
127	123		except that a violation of subdivision (3) or (4) of subsection (a) of this 85
128	124		section is a class D felony. 86
129	125		This act shall take effect as follows and shall amend the following
130	126		sections:
131	127
132	128		Section 1 October 1, 2019 53a-61aa
133	129		Sec. 2 October 1, 2019 53a-62
134	130
135		-	KID Joint Favorable
	131	+	Statement of Purpose:
	132	+	To provide enhanced penalties for threatening a child protective
	133	+	services worker.
	134	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	135	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	136	+	not underlined.]
136	137