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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 ASSAUL T 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 Section 2-1d of the general statutes is repealed and the 1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
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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
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(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
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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
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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
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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
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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
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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
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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)
JUD Joint Favorable