LCO No. 2828 1 of 9 General Assembly Raised Bill No. 6455 January Session, 2021 LCO No. 2828 Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT CONCERNING IM PEDING OR OBSTRUCTIN G THE GENERAL ASSEMBLY AND INTERFE RENCE WITH OR ASSAULT UPON A STATE CAPITOL POLICE OFFICER. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 2-1d of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2021): 2 (a) A person is guilty of [interfering with] impeding the legislative 3 process when [he: (1) Alone or in concert with others, either by force, 4 physical interference, fraud, intimidation or by means of any unlawful 5 act, with intent to do so, prevents or attempts to prevent the General 6 Assembly, either house thereof, or any committee of the General 7 Assembly or either house thereof, from meeting; 8 (2) Alone or in concert with others, with intent to do so, disturbs, 9 disrupts or interferes with, or attempts to disturb, disrupt or interfere 10 with, any session, meeting or proceeding of the General Assembly or 11 either house thereof or any committee of the General Assembly or either 12 house thereof, whether within or outside the presence of said General 13 Raised Bill No. 6455 LCO No. 2828 2 of 9 Assembly, either house thereof or any such committee by (A) engaging 14 in violent, tumultuous or threatening behavior; or (B) using abusive or 15 obscene language or making an obscene gesture; or (C) making 16 unreasonable noise; or (D) refusing to comply with a lawful order of the 17 police or a member of the Office of State Capitol Police to disperse; or 18 (E) performing any other act which disturbs, disrupts or interferes with 19 any such session, meeting or proceeding; 20 (3) Alone or in concert with others, without legal authority, takes, 21 obtains, withholds, destroys, defaces or alters any official document or 22 record of the General Assembly, either house thereof or any committee 23 of the General Assembly, or either house thereof, which disrupts or 24 interferes with the functioning of said General Assembly or committee 25 or either house thereof; 26 (4) Alone or in concert with others, and without legal authority, takes, 27 obtains, withholds, destroys or defaces any real or personal property 28 owned or used by the General Assembly, either house thereof or any 29 committee or agency of the General Assembly or either house thereof; 30 (5) Alone or in concert with others,] such person, alone or in concert 31 with others, and without legal authority or proper authorization, refuses 32 to leave any part of the chamber, galleries or offices of the General 33 Assembly or either house thereof, or the building in which such 34 chamber, galleries or any such office is located, or within or upon any 35 office or residence of any member of the General Assembly, or within or 36 upon any room or building in which a legislative hearing or meeting is 37 being conducted, upon a lawful order of the police or a member of the 38 Office of State Capitol Police to disperse, leave or move to an area he or 39 she designates. [;] 40 [(6)Alone or in concert with others, pickets inside any building in 41 which the chamber, galleries or offices of the General Assembly or either 42 house thereof is located, or in which the office or residence of any 43 member of the General Assembly is located, or in which a legislative 44 hearing or meeting is being conducted.] 45 Raised Bill No. 6455 LCO No. 2828 3 of 9 (b) [Interference with] Impeding the legislative process [under the 46 provisions of this section] is a class A misdemeanor. 47 Sec. 2. Section 2-1e of the general statutes is repealed and the 48 following is substituted in lieu thereof (Effective October 1, 2021): 49 (a) A person is guilty of [interfering with] obstructing the legislative 50 process when [he] such person, alone or in concert with others: [, either] 51 (1) Either by force, physical interference, [fraud,] intimidation or by 52 means of any independently unlawful act, prevents or attempts to 53 prevent any member, officer or employee of the General Assembly, 54 either house thereof or any committee or agency of the General 55 Assembly or either house thereof, from performing any of his or her 56 official functions, powers or duties; [.] 57 [(b) A person is guilty of coercing performance when he, alone or in 58 concert with others, either] 59 (2) Either by force, physical interference, intimidation or by means of 60 any unlawful act, with intent to do so, prevents or attempts to prevent 61 the General Assembly, either house thereof, or any committee or agency 62 of the General Assembly or either house thereof, from meeting; 63 (3) With intent to do so, disturbs, disrupts or interferes with, or 64 attempts to disturb, disrupt or interfere with, any session, meeting or 65 proceeding of the General Assembly or either house thereof or any 66 committee or agency of the General Assembly or either house thereof, 67 whether within or outside the presence of said General Assembly, either 68 house thereof or any such committee by (A) engaging in or using 69 violent, tumultuous or threatening behavior or language; (B) making 70 unreasonable noise; (C) refusing to comply with a lawful order of the 71 police or a member of the Office of State Capitol Police to disperse; or 72 (D) performing any other act which disturbs, disrupts or interferes with 73 any such session, meeting or proceeding; 74 (4) Without legal authority, takes, obtains, withholds, destroys, 75 Raised Bill No. 6455 LCO No. 2828 4 of 9 defaces or alters any official document or record of the General 76 Assembly, either house thereof or any committee or agency of the 77 General Assembly, which disrupts or interferes with the functioning of 78 said General Assembly or committee or agency of the General Assembly 79 or either house thereof; 80 (5) Without legal authority, takes, obtains, withholds, destroys or 81 defaces any property owned or used by a member, officer or employee 82 of the General Assembly, either house thereof or any committee or 83 agency of the General Assembly or either house thereof if such person 84 knew or a reasonable person would know that such property is, or may 85 contain, possess or provide access to confidential or proprietary 86 information; 87 (6) Either by force, physical interference, [fraud,] intimidation or by 88 means of any unlawful act, compels or induces any member, officer or 89 employee of the General Assembly, either house thereof or any 90 committee or agency of the General Assembly or either house thereof to 91 perform any acts as a member, officer or employee against his or her 92 will; [.] or 93 [(c) Notwithstanding the provisions of sections 29-35 and 53-206, (1) 94 a person, other than a state or local police officer, a member of the Office 95 of State Capitol Police or a police officer of any other state or of the 96 federal government, who is carrying out official duties in this state, or 97 any person summoned by any such officer to assist in making arrests or 98 preserving the peace while he is actually engaged in assisting such 99 officer, while such officer is in the performance of his official duties or 100 any member of the armed forces of the United States, as defined in 101 section 27-103, or of the state, as defined in section 27-2, in the 102 performance of official duties, or any veteran, as defined in section 27-103 103, performing in uniform as a member of an official ceremonial unit, 104 is guilty of interfering with the legislative process when he, alone or in 105 concert with others, brings] 106 (7) Brings into, or possesses within, any building in which the 107 Raised Bill No. 6455 LCO No. 2828 5 of 9 chamber of either house of the General Assembly is located or in which 108 the official office of any member, officer or employee of the General 109 Assembly or the office of any committee of the General Assembly or 110 either house thereof is located or any building in which a committee of 111 the General Assembly is holding a public hearing, any weapon, whether 112 loaded or unloaded, from which a shot may be discharged, or a billy, [; 113 and (2) any person is guilty of interfering with the legislative process 114 when such person, alone or in concert with others, brings into, or 115 possesses within, any such building, a] switchblade, gravity knife, 116 blackjack [,] or bludgeon, metal knuckles or any other dangerous or 117 deadly weapon or instrument, or any explosive or incendiary or other 118 dangerous device. The provisions of this subdivision shall not apply to 119 any state or local police officer, member of the Office of State Capitol 120 Police or police officer of any other state or of the federal government, 121 who is carrying out official duties in this state, or any person summoned 122 by any such officer to assist in making arrests or preserving the peace 123 while he or she is actually engaged in assisting such officer, while such 124 officer is in the performance of his or her official duties or any member 125 of the armed forces of the United States, as defined in section 27-103, or 126 of the state, as defined in section 27-2, in the performance of official 127 duties, or any veteran, as defined in section 27-103, performing in 128 uniform as a member of an official ceremonial unit. 129 [(d) The violation of any provision of this section] 130 (b) Obstructing the legislative process is a class D felony, except that 131 any person found guilty under subdivision (1), (2), (3), (4), (5) or (6) of 132 subsection (a) of this section and subdivision (7) of said subsection (a) 133 for the same offense or for an offense based on the same act shall be 134 guilty of a class C felony. 135 Sec. 3. Section 53a-167a of the general statutes is repealed and the 136 following is substituted in lieu thereof (Effective October 1, 2021): 137 (a) A person is guilty of interfering with an officer when such person 138 obstructs, resists, hinders or endangers any peace officer, including a 139 Raised Bill No. 6455 LCO No. 2828 6 of 9 member of the Office of the State Capitol police, special policeman 140 appointed under section 29-18b or firefighter in the performance of such 141 peace officer's, special policeman's or firefighter's duties. 142 (b) Interfering with an officer is a class A misdemeanor, except that, 143 if such violation causes the death or serious physical injury of another 144 person, such person shall be guilty of a class D felony. 145 Sec. 4. Section 53a-167c of the general statutes is repealed and the 146 following is substituted in lieu thereof (Effective October 1, 2021): 147 (a) A person is guilty of assault of public safety, emergency medical, 148 public transit or health care personnel when, with intent to prevent a 149 reasonably identifiable peace officer, including a member of the Office 150 of the State Capitol Police, special policeman appointed under section 151 29-18b, firefighter or employee of an emergency medical service 152 organization, as defined in section 53a-3, emergency room physician or 153 nurse, health care employee as defined in section 19a-490q, employee of 154 the Department of Correction, member or employee of the Board of 155 Pardons and Paroles, probation officer, employee of the Judicial Branch 156 assigned to provide pretrial secure detention and programming services 157 to juveniles accused of the commission of a delinquent act, liquor control 158 agent, state or municipal animal control officer, security officer, 159 employee of the Department of Children and Families assigned to 160 provide direct services to children and youths in the care or custody of 161 the department, employee of a municipal police department assigned to 162 provide security at the police department's lockup and holding facility, 163 active individual member of a volunteer canine search and rescue team, 164 as defined in section 5-249, or public transit employee from performing 165 his or her duties, and while such peace officer, special policeman, 166 firefighter, employee, physician, nurse, health care employee, member, 167 liquor control agent, animal control officer, security officer, probation 168 officer or active individual member is acting in the performance of his 169 or her duties, (1) such person causes physical injury to such peace 170 officer, special policeman, firefighter, employee, physician, nurse, 171 member, liquor control agent, animal control officer, security officer, 172 Raised Bill No. 6455 LCO No. 2828 7 of 9 probation officer or active individual member, or (2) such person throws 173 or hurls, or causes to be thrown or hurled, any rock, bottle, can or other 174 article, object or missile of any kind capable of causing physical harm, 175 damage or injury, at such peace officer, special policeman, firefighter, 176 employee, physician, nurse, member, liquor control agent, animal 177 control officer, security officer, probation officer or active individual 178 member, or (3) such person uses or causes to be used any mace, tear gas 179 or any like or similar deleterious agent against such peace officer, special 180 policeman, firefighter, employee, physician, nurse, member, liquor 181 control agent, animal control officer, security officer, probation officer 182 or active individual member, or (4) such person throws or hurls, or 183 causes to be thrown or hurled, any paint, dye or other like or similar 184 staining, discoloring or coloring agent or any type of offensive or 185 noxious liquid, agent or substance at such peace officer, special 186 policeman, firefighter, employee, physician, nurse, member, liquor 187 control agent, animal control officer, security officer, probation officer 188 or active individual member, or (5) such person throws or hurls, or 189 causes to be thrown or hurled, any bodily fluid including, but not 190 limited to, urine, feces, blood or saliva at such peace officer, special 191 policeman, firefighter, employee, physician, nurse, member, liquor 192 control agent, animal control officer, security officer, probation officer 193 or active individual member. For the purposes of this section, "public 194 transit employee" means a person employed by the state, a political 195 subdivision of the state, a transit district formed under chapter 103a or 196 a person with whom the Commissioner of Transportation has 197 contracted in accordance with section 13b-34 to provide transportation 198 services who operates a vehicle or vessel providing public ferry service 199 or fixed route bus service or performs duties directly related to the 200 operation of such vehicle or vessel, or who, as part of the provision of 201 public rail service, is a train operator, conductor, inspector, signal 202 person or station agent and "security officer" has the same meaning as 203 provided in section 29-152u. 204 (b) Assault of public safety, emergency medical, public transit or 205 health care personnel is a class C felony. If any person who is confined 206 Raised Bill No. 6455 LCO No. 2828 8 of 9 in an institution or facility of the Department of Correction is sentenced 207 to a term of imprisonment for assault of an employee of the Department 208 of Correction under this section, such term shall run consecutively to the 209 term for which the person was serving at the time of the assault. 210 (c) In any prosecution under this section involving assault of a health 211 care employee, as defined in section 19a-490q, it shall be an affirmative 212 defense that the defendant is a person with a disability as described in 213 subdivision (13), (15) or (20) of section 46a-51 and the defendant's 214 conduct was a clear and direct manifestation of the disability, except 215 that for the purposes of this subsection, "mental disability", as defined 216 in subdivision (20) of section 46a-51, does not include any abnormality 217 manifested only by repeated criminal or antisocial conduct. 218 Sec. 5. Subdivision (8) of subsection (a) of section 54-280 of the general 219 statutes is repealed and the following is substituted in lieu thereof 220 (Effective October 1, 2021): 221 (8) "Offense committed with a deadly weapon" or "offense" means: 222 (A) A violation of [subsection (c)] subdivision (7) of subsection (a) of 223 section 2-1e, as amended by this act, subsection (e) of section 29-28, 224 subsections (a) to (e), inclusive, or (i) of section 29-33, section 29-34, 225 subsection (a) of section 29-35, section 29-36, 29-36k, 29-37a or 29-37e, 226 subsection (c) of section 29-37g, section 29-37j, subsection (b), (c) or (g) 227 of section 53-202, section 53-202b, 53-202c, 53-202j, 53-202k, 53-202l, 53-228 202aa or 53-206b, subsection (b) of section 53a-8, section 53a-55a, 53a-229 56a, 53a-60a, 53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-230 211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217b or 53a-217c, or a 231 second or subsequent violation of section 53-202g; or (B) a violation of 232 any section of the general statutes which constitutes a felony, as defined 233 in section 53a-25, provided the court makes a finding that, at the time of 234 the offense, the offender used a deadly weapon, or was armed with and 235 threatened the use of or displayed or represented by words or conduct 236 that the offender possessed a deadly weapon; 237 Raised Bill No. 6455 LCO No. 2828 9 of 9 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 2-1d Sec. 2 October 1, 2021 2-1e Sec. 3 October 1, 2021 53a-167a Sec. 4 October 1, 2021 53a-167c Sec. 5 October 1, 2021 54-280(a)(8) Statement of Purpose: To clarify and enhance penalties associated with impeding or obstructing the work of the General Assembly and interference with or assault upon a State Capitol Police officer. [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.]