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General Assembly Raised Bill No. 883
January Session, 2019
LCO No. 3973
Referred to Committee on COMMITTEE ON CHILDREN
Introduced by:
(KID)
AN ACT CONCERNING TH E THREATENING OF CHILD PROTECTIVE
SERVICES WORKERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53a-61aa of the general statutes is repealed and 1
the following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) A person is guilty of threatening in the first degree when such 3
person (1) (A) threatens to commit any crime involving the use of a 4
hazardous substance with the intent to terrorize another person, to 5
cause evacuation of a building, place of assembly or facility of public 6
transportation or otherwise to cause serious public inconvenience, or 7
(B) threatens to commit such crime in reckless disregard of the risk of 8
causing such terror, evacuation or inconvenience; (2) (A) threatens to 9
commit any crime of violence with the intent to cause evacuation of a 10
building, place of assembly or facility of public transportation or 11
otherwise to cause serious public inconvenience, or (B) threatens to 12
commit such crime in reckless disregard of the risk of causing such 13
evacuation or inconvenience; (3) commits threatening in the second 14
degree as provided in section 53a-62, as amended by this act, and in 15
the commission of such offense such person uses or is armed with and 16 Raised Bill No. 883
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threatens the use of or displays or represents by such person's words 17
or conduct that such person possesses a pistol, revolver, shotgun, rifle, 18
machine gun or other firearm; [or] (4) violates subdivision (1) or (2) of 19
this subsection with the intent to cause an evacuation of a building or 20
the grounds of a (A) house of religious worship, (B) religiously-21
affiliated community center, (C) public or nonpublic preschool, school 22
or institution of higher education, or (D) day care center, as defined in 23
section 19a-87g, during operational, preschool, school or instructional 24
hours or when a building or the grounds of such house of worship, 25
community center, preschool, school, institution or day care center are 26
being used for the provision of religious or community services, or 27
house of worship, community center, preschool, school, institution or 28
day care center-sponsored activities; or (5) violates subdivision (1) or 29
(3) of this subsection and the person threatened is a child protective 30
services worker and the threat is related to such child protective 31
services worker's official duties. No person shall be found guilty of 32
threatening in the first degree under subdivision (3) of this subsection 33
and threatening in the second degree upon the same transaction but 34
such person may be charged and prosecuted for both such offenses 35
upon the same information. 36
(b) For the purposes of this section: [,] 37
(1) ["hazardous substance"] "Hazardous substance" means any 38
physical, chemical, biological or radiological substance or matter 39
which, because of its quantity, concentration or physical, chemical or 40
infectious characteristics, may cause or significantly contribute to an 41
increase in mortality or an increase in serious irreversible or 42
incapacitating reversible illness, or pose a substantial present or 43
potential hazard to human health; [and] 44
(2) ["religiously-affiliated community center"] "Religiously-affiliated 45
community center" means real property used for the provision of 46
recreational, social or educational services that is owned or leased by a 47
nonprofit organization that holds such property out as being affiliated 48
with an organized religion; and 49 Raised Bill No. 883
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(3) "Child protective services worker" means a social worker, 50
supervisor, manager, case worker, case aide or investigator employed 51
by the Department of Children and Families or a person who provides 52
social work, case work or investigative services to, or on behalf of, the 53
department pursuant to a contract with the department. 54
(c) Threatening in the first degree is a class D felony, except that a 55
violation of subdivision (4) of subsection (a) of this section is a class C 56
felony. 57
Sec. 2. Section 53a-62 of the general statutes is repealed and the 58
following is substituted in lieu thereof (Effective October 1, 2019): 59
(a) A person is guilty of threatening in the second degree when: (1) 60
By physical threat, such person intentionally places or attempts to 61
place another person in fear of imminent serious physical injury, (2) 62
(A) such person threatens to commit any crime of violence with the 63
intent to terrorize another person, or (B) such person threatens to 64
commit such crime of violence in reckless disregard of the risk of 65
causing such terror, [or] (3) such person violates subdivision (1) or (2) 66
of this subsection and the person threatened is in a building or on the 67
grounds of a (A) house of religious worship, (B) religiously-affiliated 68
community center, (C) public or nonpublic preschool, school or 69
institution of higher education, or (D) day care center, as defined in 70
section 19a-87g, during operational, preschool, school or instructional 71
hours or when a building or the grounds of such house of worship, 72
community center, preschool, school, institution or day care center are 73
being used for the provision of religious or community services, or 74
house of worship, community center, preschool, school, institution or 75
day care center-sponsored activities, or (4) such person violates 76
subdivision (1) or (2) of this subsection and the person threatened is a 77
child protective services worker and the threat is related to such child 78
protective services worker's official duties. 79
(b) For the purposes of this section, "religiously-affiliated 80
community center" [has] and "child protective services worker" have 81 Raised Bill No. 883
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the same meaning as provided in section 53a-61aa, as amended by this 82
act. 83
(c) Threatening in the second degree is a class A misdemeanor, 84
except that a violation of subdivision (3) or (4) of subsection (a) of this 85
section is a class D felony. 86
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 53a-61aa
Sec. 2 October 1, 2019 53a-62
KID Joint Favorable