LCO No. 2937 1 of 8
General Assembly Raised Bill No. 459
February Session, 2020
LCO No. 2937
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING PE RSISTENT OFFENDERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53a-40 of the 2020 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2020): 3
(a) A persistent dangerous felony offender is a person who: 4
(1) (A) Stands convicted of manslaughter, arson, kidnapping, robbery 5
in the first or second degree, assault in the first degree, home invasion, 6
burglary in the first degree or burglary in the second degree with a 7
firearm, and (B) has been, prior to the commission of the present crime, 8
convicted of and imprisoned under a sentence to a term of 9
imprisonment of more than one year or of death, in this state or in any 10
other state or in a federal correctional institution, for any of the 11
following crimes: (i) The crimes enumerated in subparagraph (A) of this 12
subdivision or an attempt to commit any of said crimes; or (ii) murder, 13
sexual assault in the first or third degree, aggravated sexual assault in 14
the first degree or sexual assault in the third degree with a firearm, or 15 Raised Bill No. 459
LCO No. 2937 2 of 8
an attempt to commit any of said crimes; or (iii) prior to October 1, 1975, 16
any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78 of the 17
general statutes, revision of 1958, revised to 1975, or prior to October 1, 18
1971, in this state, assault with intent to kill under section 54-117, or any 19
of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12 to 53-16, 20
inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82, 53-83, 53-21
86, 53-238 and 53-239 of the general statutes, revision of 1958, revised to 22
1968, or any predecessor statutes in this state, or an attempt to commit 23
any of said crimes; or (iv) in any other state, any crimes the essential 24
elements of which are substantially the same as any of the crimes 25
enumerated in subparagraph (A) of this subdivision or this 26
subparagraph; or 27
(2) (A) Stands convicted of sexual assault in the first or third degree, 28
aggravated sexual assault in the first degree or sexual assault in the third 29
degree with a firearm, and (B) has been, prior to the commission of the 30
present crime, convicted of and imprisoned under a sentence to a term 31
of imprisonment of more than one year or of death, in this state or in 32
any other state or in a federal correctional institution, for any of the 33
following crimes: (i) Murder, manslaughter, arson, kidnapping, robbery 34
in the first or second degree, assault in the first degree, home invasion, 35
burglary in the first degree or burglary in the second degree with a 36
firearm, or an attempt to commit any of said crimes; or (ii) prior to 37
October 1, 1971, in this state, assault with intent to kill under section 54-38
117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12 39
to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82, 40
53-83 and 53-86 of the general statutes, revision of 1958, revised to 1968, 41
or any predecessor statutes in this state, or an attempt to commit any of 42
said crimes; or (iii) in any other state, any crimes the essential elements 43
of which are substantially the same as any of the crimes enumerated in 44
subparagraph (A) of this subdivision or this subparagraph. 45
(b) A persistent dangerous sexual offender is a person who (1) stands 46
convicted of sexual assault in the first or third degree, aggravated sexual 47
assault in the first degree or sexual assault in the third degree with a 48
firearm, and (2) has been, prior to the commission of the present crime, 49 Raised Bill No. 459
LCO No. 2937 3 of 8
convicted of and imprisoned under a sentence to a term of 50
imprisonment of more than one year, in this state or in any other state 51
or in a federal correctional institution, for (A) any of the crimes 52
enumerated in subdivision (1) of this subsection, or (B) prior to October 53
1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78 54
of the general statutes, revision of 1958, revised to 1975, or prior to 55
October 1, 1971, in this state, any of the crimes enumerated in section 53-56
238 or 53-239 of the general statutes, revision of 1958, revised to 1968, or 57
any predecessor statutes in this state, or an attempt to commit any of 58
said crimes, or (C) in any other state, any crimes the essential elements 59
of which are substantially the same as any of the crimes enumerated in 60
subdivision (1) of this subsection or this subdivision. 61
(c) A persistent serious felony offender is a person who (1) stands 62
convicted of a felony, and (2) has been, prior to the commission of the 63
present felony, convicted of and imprisoned under an imposed term of 64
more than one year or of death, in this state or in any other state or in a 65
federal correctional institution, for a crime. This subsection shall not 66
apply where the present conviction is for a crime enumerated in 67
subdivision (1) of subsection (a) of this section and the prior conviction 68
was for a crime other than those enumerated in subsection (a) of this 69
section. 70
(d) A persistent serious sexual offender is a person, other than a 71
person who qualifies as a persistent dangerous sexual offender under 72
subsection (b) of this section, who qualifies as a persistent serious felony 73
offender under subsection (c) of this section and the felony of which 74
such person presently stands convicted is a violation of section 53a-70b 75
of the general statutes, revision of 1958, revised to January 1, 2019, or 76
subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-77
70a, 53a-71, 53a-72a or 53a-72b and the prior conviction is for a violation 78
of section 53-21 of the general statutes, revised to January 1, 1995, 79
involving sexual contact, committed prior to October 1, 1995, a violation 80
of section 53a-70b of the general statutes, revision of 1958, revised to 81
January 1, 2019, or subdivision (2) of section 53-21 of the general 82
statutes, committed on or after October 1, 1995, and prior to October 1, 83 Raised Bill No. 459
LCO No. 2937 4 of 8
2000, a violation of section 53a-70b of the general statutes, revision of 84
1958, revised to January 1, 2019, or a violation of subdivision (2) of 85
subsection (a) of section 53-21 or a violation of section 53a-70, 53a-70a, 86
53a-71, 53a-72a or 53a-72b. 87
(e) A persistent larceny offender is a person who (1) stands convicted 88
of larceny in the third degree in violation of the provisions of section 89
53a-124 in effect prior to October 1, 1982, or larceny in the fourth, fifth 90
or sixth degree, and (2) has been, at separate times, twice convicted of 91
the crime of larceny for violations committed during the ten years prior 92
to the commission of the present larceny. 93
(f) A persistent offender for possession of a controlled substance is a 94
person who (1) stands convicted of possession of a controlled substance 95
in violation of the provisions of section 21a-279, and (2) has been, at 96
separate times prior to the commission of the present possession of a 97
controlled substance, twice convicted of the crime of possession of a 98
controlled substance during the ten years prior to the commission of the 99
present violation of section 21a-279. 100
(g) A persistent felony offender is a person who (1) stands convicted 101
of a felony other than a class D or E felony, and (2) has been, at separate 102
times prior to the commission of the present felony, twice convicted of 103
a felony other than a class D or E felony during the ten years prior to the 104
commission of the present violation. 105
(h) It shall be an affirmative defense to the charge of being a persistent 106
offender under this section that (1) as to any prior conviction on which 107
the state is relying the defendant was pardoned on the ground of 108
innocence, and (2) without such conviction, the defendant was not two 109
or more times convicted and imprisoned as required by this section. 110
(i) When any person has been found to be a persistent dangerous 111
felony offender, the court, in lieu of imposing the sentence of 112
imprisonment authorized by the general statutes for the crime of which 113
such person presently stands convicted, shall (1) sentence such person 114
to a term of imprisonment that is not (A) less than twice the minimum 115 Raised Bill No. 459
LCO No. 2937 5 of 8
term of imprisonment authorized for such crime, or (B) more than twice 116
the maximum term of imprisonment authorized for such crime or forty 117
years, whichever is greater, provided, if a mandatory minimum term of 118
imprisonment is authorized for such crime, such sentence shall include 119
a mandatory minimum term of imprisonment that is twice such 120
authorized mandatory minimum term of imprisonment, and (2) if such 121
person has, at separate times prior to the commission of the present 122
crime, been twice convicted of and imprisoned for any of the crimes 123
enumerated in subsection (a) of this section, sentence such person to a 124
term of imprisonment that is not less than three times the minimum 125
term of imprisonment authorized for such crime or more than life, 126
provided, if a mandatory minimum term of imprisonment is authorized 127
for such crime, such sentence shall include a mandatory minimum term 128
of imprisonment that is three times such authorized mandatory 129
minimum term of imprisonment. 130
(j) When any person has been found to be a persistent dangerous 131
sexual offender, the court, in lieu of imposing the sentence of 132
imprisonment authorized by section 53a-35a for the crime of which such 133
person presently stands convicted, shall sentence such person to a term 134
of imprisonment and a period of special parole pursuant to subsection 135
(b) of section 53a-28 which together constitute a sentence of 136
imprisonment for life, as defined in section 53a-35b. 137
(k) When any person has been found to be a persistent serious felony 138
offender, the court in lieu of imposing the sentence of imprisonment 139
authorized by section 53a-35 for the crime of which such person 140
presently stands convicted, or authorized by section 53a-35a if the crime 141
of which such person presently stands convicted was committed on or 142
after July 1, 1981, may impose the sentence of imprisonment authorized 143
by said section for the next more serious degree of felony. 144
(l) When any person has been found to be a persistent serious sexual 145
offender, the court, in lieu of imposing the sentence of imprisonment 146
authorized by section 53a-35a for the crime of which such person 147
presently stands convicted, may impose a sentence of imprisonment 148 Raised Bill No. 459
LCO No. 2937 6 of 8
and a period of special parole pursuant to subsection (b) of section 53a-149
28 which together constitute the maximum sentence specified by section 150
53a-35a for the next more serious degree of felony. 151
(m) (1) When any person has been found to be a persistent larceny 152
offender, the court, in lieu of imposing the sentence authorized by 153
section 53a-36 for the crime of which such person presently stands 154
convicted, may impose the sentence of imprisonment for a class D 155
felony authorized by section 53a-35, if the crime of which such person 156
presently stands convicted was committed prior to July 1, 1981, or 157
authorized by section 53a-35a, if the crime of which such person 158
presently stands convicted was committed on or after July 1, 1981, but 159
prior to October 1, 2019. 160
(2) When any person has been found to be a persistent larceny 161
offender, the court, in lieu of imposing the sentence authorized by 162
section 53a-36 for the crime of which such person presently stands 163
convicted for a violation committed on or after October 1, 2019, may 164
impose the sentence of (A) imprisonment for a class E felony authorized 165
by section 53a-35a, if such person presently stands convicted of a 166
violation of section 53a-125, or (B) imprisonment authorized by section 167
53a-36 for the next more serious degree of misdemeanor authorized 168
under section 53a-36 if such person presently stands convicted of a 169
violation of section 53a-125a or 53a-125b. 170
(n) When any person has been found to be a persistent offender for 171
possession of a controlled substance, the court, in lieu of imposing the 172
sentence authorized by section 53a-36 for the crime of which such 173
person presently stands convicted, may impose the sentence of 174
imprisonment for a class E felony authorized by section 53a-35a. 175
(o) When any person has been found to be a persistent felony 176
offender, the court, in lieu of imposing the sentence authorized by 177
section 53a-35a for the crime of which such person presently stands 178
convicted, may impose the sentence of imprisonment authorized by said 179
section for the next more serious degree of felony; provided the sentence 180 Raised Bill No. 459
LCO No. 2937 7 of 8
imposed may not be less than three years, and provided further three 181
years of the sentence so imposed may not be suspended or reduced by 182
the court. 183
(p) (1) Whenever a person is arrested for any of the crimes 184
enumerated in subsection (a) of this section, the prosecuting authority 185
shall investigate and ascertain whether such person has, at separate 186
times prior to the commission of the present crime, been twice convicted 187
of and imprisoned for any of the crimes enumerated in said subsection 188
(a) and would be eligible to be sentenced under subsection (i) of this 189
section if convicted of such crime. 190
(2) If the prosecuting authority ascertains that such person has, at 191
separate times prior to the commission of the present crime, been twice 192
convicted of and imprisoned for any of the crimes enumerated in 193
subsection (a) of this section and such person has been presented to a 194
geographical area courthouse, the prosecuting authority shall cause 195
such person to be transferred to a judicial district courthouse. 196
(3) No court shall accept a plea of guilty, not guilty or nolo contendere 197
from a person arrested for any of the crimes enumerated in subsection 198
(a) of this section unless it finds that the prosecuting authority has 199
complied with the requirements of subdivision (1) of this subsection. 200
(4) If the prosecuting authority ascertains that such person has, at 201
separate times prior to the commission of the present crime, been twice 202
convicted of and imprisoned for any of the crimes enumerated in 203
subsection (a) of this section but decides not to initiate proceedings to 204
seek the sentence enhancement provided by subsection (i) of this 205
section, the prosecuting authority shall state for the record the specific 206
reason or reasons for not initiating such proceedings. 207
(5) If the prosecuting authority ascertains that such person has, at 208
separate times prior to the commission of the present crime, been twice 209
convicted of and imprisoned for any of the crimes enumerated in 210
subsection (a) of this section and initiates proceedings to seek the 211
sentence enhancement provided by subsection (i) of this section, but 212 Raised Bill No. 459
LCO No. 2937 8 of 8
subsequently decides to terminate such proceedings, the prosecuting 213
authority shall state for the record the specific reason or reasons for 214
terminating such proceedings. 215
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 53a-40
Statement of Purpose:
To provide a look-back period for sentencing of certain persistent
offenders.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]