Connecticut 2021 Regular Session

Connecticut House Bill HB06455 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	9		General Assembly Raised Bill No. 6455
8	10		January Session, 2021
9	11		LCO No. 2828
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11	13
12	14		Referred to Committee on JUDICIARY
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14	16
15	17		Introduced by:
16	18		(JUD)
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19	22
20	23		AN ACT CONCERNING IM PEDING OR OBSTRUCTIN G THE GENERAL
21	24		ASSEMBLY AND INTERFE RENCE WITH OR ASSAULT UPON A
22	25		STATE CAPITOL POLICE OFFICER.
23	26		Be it enacted by the Senate and House of Representatives in General
24	27		Assembly convened:
25	28
26	29		Section 1. Section 2-1d of the general statutes is repealed and the 1
27	30		following is substituted in lieu thereof (Effective October 1, 2021): 2
28	31		(a) A person is guilty of [interfering with] impeding the legislative 3
29	32		process when [he: (1) Alone or in concert with others, either by force, 4
30	33		physical interference, fraud, intimidation or by means of any unlawful 5
31	34		act, with intent to do so, prevents or attempts to prevent the General 6
32	35		Assembly, either house thereof, or any committee of the General 7
33	36		Assembly or either house thereof, from meeting; 8
34	37		(2) Alone or in concert with others, with intent to do so, disturbs, 9
35	38		disrupts or interferes with, or attempts to disturb, disrupt or interfere 10
36	39		with, any session, meeting or proceeding of the General Assembly or 11
37	40		either house thereof or any committee of the General Assembly or either 12
38	41		house thereof, whether within or outside the presence of said General 13 Raised Bill No. 6455
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45	47		Assembly, either house thereof or any such committee by (A) engaging 14
46	48		in violent, tumultuous or threatening behavior; or (B) using abusive or 15
47	49		obscene language or making an obscene gesture; or (C) making 16
48	50		unreasonable noise; or (D) refusing to comply with a lawful order of the 17
49	51		police or a member of the Office of State Capitol Police to disperse; or 18
50	52		(E) performing any other act which disturbs, disrupts or interferes with 19
51	53		any such session, meeting or proceeding; 20
52	54		(3) Alone or in concert with others, without legal authority, takes, 21
53	55		obtains, withholds, destroys, defaces or alters any official document or 22
54	56		record of the General Assembly, either house thereof or any committee 23
55	57		of the General Assembly, or either house thereof, which disrupts or 24
56	58		interferes with the functioning of said General Assembly or committee 25
57	59		or either house thereof; 26
58	60		(4) Alone or in concert with others, and without legal authority, takes, 27
59	61		obtains, withholds, destroys or defaces any real or personal property 28
60	62		owned or used by the General Assembly, either house thereof or any 29
61	63		committee or agency of the General Assembly or either house thereof; 30
62		-	(5) Alone or in concert with others] such person, alone or in concert 31
	64	+	(5) Alone or in concert with others,] such person, alone or in concert 31
63	65		with others, and without legal authority or proper authorization, refuses 32
64	66		to leave any part of the chamber, galleries or offices of the General 33
65	67		Assembly or either house thereof, or the building in which such 34
66	68		chamber, galleries or any such office is located, or within or upon any 35
67	69		office or residence of any member of the General Assembly, or within or 36
68	70		upon any room or building in which a legislative hearing or meeting is 37
69	71		being conducted, upon a lawful order of the police or a member of the 38
70	72		Office of State Capitol Police to disperse, leave or move to an area he or 39
71	73		she designates. [;] 40
72	74		[(6)Alone or in concert with others, pickets inside any building in 41
73	75		which the chamber, galleries or offices of the General Assembly or either 42
74	76		house thereof is located, or in which the office or residence of any 43
75	77		member of the General Assembly is located, or in which a legislative 44
76	78		hearing or meeting is being conducted.] 45 Raised Bill No. 6455
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83	84		(b) [Interference with] Impeding the legislative process [under the 46
84	85		provisions of this section] is a class A misdemeanor. 47
85	86		Sec. 2. Section 2-1e of the general statutes is repealed and the 48
86	87		following is substituted in lieu thereof (Effective October 1, 2021): 49
87	88		(a) A person is guilty of [interfering with] obstructing the legislative 50
88	89		process when [he] such person, alone or in concert with others: [, either] 51
89	90		(1) Either by force, physical interference, [fraud,] intimidation or by 52
90	91		means of any independently unlawful act, prevents or attempts to 53
91	92		prevent any member, officer or employee of the General Assembly, 54
92	93		either house thereof or any committee or agency of the General 55
93	94		Assembly or either house thereof, from performing any of his or her 56
94	95		official functions, powers or duties; [.] 57
95	96		[(b) A person is guilty of coercing performance when he, alone or in 58
96	97		concert with others, either] 59
97	98		(2) Either by force, physical interference, intimidation or by means of 60
98	99		any unlawful act, with intent to do so, prevents or attempts to prevent 61
99	100		the General Assembly, either house thereof, or any committee or agency 62
100	101		of the General Assembly or either house thereof, from meeting; 63
101	102		(3) With intent to do so, disturbs, disrupts or interferes with, or 64
102	103		attempts to disturb, disrupt or interfere with, any session, meeting or 65
103	104		proceeding of the General Assembly or either house thereof or any 66
104	105		committee or agency of the General Assembly or either house thereof, 67
105	106		whether within or outside the presence of said General Assembly, either 68
106	107		house thereof or any such committee by (A) engaging in or using 69
107	108		violent, tumultuous or threatening behavior or language; (B) making 70
108	109		unreasonable noise; (C) refusing to comply with a lawful order of the 71
109	110		police or a member of the Office of State Capitol Police to disperse; or 72
110	111		(D) performing any other act which disturbs, disrupts or interferes with 73
111	112		any such session, meeting or proceeding; 74
112	113		(4) Without legal authority, takes, obtains, withholds, destroys, 75 Raised Bill No. 6455
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119	119		defaces or alters any official document or record of the General 76
120	120		Assembly, either house thereof or any committee or agency of the 77
121	121		General Assembly, which disrupts or interferes with the functioning of 78
122	122		said General Assembly or committee or agency of the General Assembly 79
123	123		or either house thereof; 80
124	124		(5) Without legal authority, takes, obtains, withholds, destroys or 81
125	125		defaces any property owned or used by a member, officer or employee 82
126	126		of the General Assembly, either house thereof or any committee or 83
127	127		agency of the General Assembly or either house thereof if such person 84
128	128		knew or a reasonable person would know that such property is, or may 85
129	129		contain, possess or provide access to confidential or proprietary 86
130	130		information; 87
131	131		(6) Either by force, physical interference, [fraud,] intimidation or by 88
132	132		means of any unlawful act, compels or induces any member, officer or 89
133	133		employee of the General Assembly, either house thereof or any 90
134	134		committee or agency of the General Assembly or either house thereof to 91
135	135		perform any acts as a member, officer or employee against his or her 92
136	136		will; [.] or 93
137	137		[(c) Notwithstanding the provisions of sections 29-35 and 53-206, (1) 94
138	138		a person, other than a state or local police officer, a member of the Office 95
139	139		of State Capitol Police or a police officer of any other state or of the 96
140	140		federal government, who is carrying out official duties in this state, or 97
141	141		any person summoned by any such officer to assist in making arrests or 98
142	142		preserving the peace while he is actually engaged in assisting such 99
143	143		officer, while such officer is in the performance of his official duties or 100
144	144		any member of the armed forces of the United States, as defined in 101
145	145		section 27-103, or of the state, as defined in section 27-2, in the 102
146	146		performance of official duties, or any veteran, as defined in section 27-103
147	147		103, performing in uniform as a member of an official ceremonial unit, 104
148	148		is guilty of interfering with the legislative process when he, alone or in 105
149	149		concert with others, brings] 106
150	150		(7) Brings into, or possesses within, any building in which the 107 Raised Bill No. 6455
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157	156		chamber of either house of the General Assembly is located or in which 108
158	157		the official office of any member, officer or employee of the General 109
159	158		Assembly or the office of any committee of the General Assembly or 110
160	159		either house thereof is located or any building in which a committee of 111
161	160		the General Assembly is holding a public hearing, any weapon, whether 112
162	161		loaded or unloaded, from which a shot may be discharged, or a billy, [; 113
163	162		and (2) any person is guilty of interfering with the legislative process 114
164	163		when such person, alone or in concert with others, brings into, or 115
165	164		possesses within, any such building, a] switchblade, gravity knife, 116
166	165		blackjack [,] or bludgeon, metal knuckles or any other dangerous or 117
167	166		deadly weapon or instrument, or any explosive or incendiary or other 118
168	167		dangerous device. The provisions of this subdivision shall not apply to 119
169	168		any state or local police officer, member of the Office of State Capitol 120
170	169		Police or police officer of any other state or of the federal government, 121
171	170		who is carrying out official duties in this state, or any person summoned 122
172	171		by any such officer to assist in making arrests or preserving the peace 123
173	172		while he or she is actually engaged in assisting such officer, while such 124
174	173		officer is in the performance of his or her official duties or any member 125
175	174		of the armed forces of the United States, as defined in section 27-103, or 126
176	175		of the state, as defined in section 27-2, in the performance of official 127
177	176		duties, or any veteran, as defined in section 27-103, performing in 128
178	177		uniform as a member of an official ceremonial unit. 129
179	178		[(d) The violation of any provision of this section] 130
180	179		(b) Obstructing the legislative process is a class D felony, except that 131
181	180		any person found guilty under subdivision (1), (2), (3), (4), (5) or (6) of 132
182	181		subsection (a) of this section and subdivision (7) of said subsection (a) 133
183	182		for the same offense or for an offense based on the same act shall be 134
184	183		guilty of a class C felony. 135
185	184		Sec. 3. Section 53a-167a of the general statutes is repealed and the 136
186	185		following is substituted in lieu thereof (Effective October 1, 2021): 137
187	186		(a) A person is guilty of interfering with an officer when such person 138
188	187		obstructs, resists, hinders or endangers any peace officer, including a 139 Raised Bill No. 6455
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194	192
195	193		member of the Office of the State Capitol police, special policeman 140
196	194		appointed under section 29-18b or firefighter in the performance of such 141
197	195		peace officer's, special policeman's or firefighter's duties. 142
198	196		(b) Interfering with an officer is a class A misdemeanor, except that, 143
199	197		if such violation causes the death or serious physical injury of another 144
200	198		person, such person shall be guilty of a class D felony. 145
201	199		Sec. 4. Section 53a-167c of the general statutes is repealed and the 146
202	200		following is substituted in lieu thereof (Effective October 1, 2021): 147
203	201		(a) A person is guilty of assault of public safety, emergency medical, 148
204	202		public transit or health care personnel when, with intent to prevent a 149
205	203		reasonably identifiable peace officer, including a member of the Office 150
206	204		of the State Capitol Police, special policeman appointed under section 151
207	205		29-18b, firefighter or employee of an emergency medical service 152
208	206		organization, as defined in section 53a-3, emergency room physician or 153
209	207		nurse, health care employee as defined in section 19a-490q, employee of 154
210	208		the Department of Correction, member or employee of the Board of 155
211	209		Pardons and Paroles, probation officer, employee of the Judicial Branch 156
212	210		assigned to provide pretrial secure detention and programming services 157
213	211		to juveniles accused of the commission of a delinquent act, liquor control 158
214	212		agent, state or municipal animal control officer, security officer, 159
215	213		employee of the Department of Children and Families assigned to 160
216	214		provide direct services to children and youths in the care or custody of 161
217	215		the department, employee of a municipal police department assigned to 162
218	216		provide security at the police department's lockup and holding facility, 163
219	217		active individual member of a volunteer canine search and rescue team, 164
220	218		as defined in section 5-249, or public transit employee from performing 165
221	219		his or her duties, and while such peace officer, special policeman, 166
222	220		firefighter, employee, physician, nurse, health care employee, member, 167
223	221		liquor control agent, animal control officer, security officer, probation 168
224	222		officer or active individual member is acting in the performance of his 169
225	223		or her duties, (1) such person causes physical injury to such peace 170
226	224		officer, special policeman, firefighter, employee, physician, nurse, 171
227	225		member, liquor control agent, animal control officer, security officer, 172 Raised Bill No. 6455
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234	231		probation officer or active individual member, or (2) such person throws 173
235	232		or hurls, or causes to be thrown or hurled, any rock, bottle, can or other 174
236	233		article, object or missile of any kind capable of causing physical harm, 175
237	234		damage or injury, at such peace officer, special policeman, firefighter, 176
238	235		employee, physician, nurse, member, liquor control agent, animal 177
239	236		control officer, security officer, probation officer or active individual 178
240	237		member, or (3) such person uses or causes to be used any mace, tear gas 179
241	238		or any like or similar deleterious agent against such peace officer, special 180
242	239		policeman, firefighter, employee, physician, nurse, member, liquor 181
243	240		control agent, animal control officer, security officer, probation officer 182
244	241		or active individual member, or (4) such person throws or hurls, or 183
245	242		causes to be thrown or hurled, any paint, dye or other like or similar 184
246	243		staining, discoloring or coloring agent or any type of offensive or 185
247	244		noxious liquid, agent or substance at such peace officer, special 186
248	245		policeman, firefighter, employee, physician, nurse, member, liquor 187
249	246		control agent, animal control officer, security officer, probation officer 188
250	247		or active individual member, or (5) such person throws or hurls, or 189
251	248		causes to be thrown or hurled, any bodily fluid including, but not 190
252	249		limited to, urine, feces, blood or saliva at such peace officer, special 191
253	250		policeman, firefighter, employee, physician, nurse, member, liquor 192
254	251		control agent, animal control officer, security officer, probation officer 193
255	252		or active individual member. For the purposes of this section, "public 194
256	253		transit employee" means a person employed by the state, a political 195
257	254		subdivision of the state, a transit district formed under chapter 103a or 196
258	255		a person with whom the Commissioner of Transportation has 197
259	256		contracted in accordance with section 13b-34 to provide transportation 198
260	257		services who operates a vehicle or vessel providing public ferry service 199
261	258		or fixed route bus service or performs duties directly related to the 200
262	259		operation of such vehicle or vessel, or who, as part of the provision of 201
263	260		public rail service, is a train operator, conductor, inspector, signal 202
264	261		person or station agent and "security officer" has the same meaning as 203
265	262		provided in section 29-152u. 204
266	263		(b) Assault of public safety, emergency medical, public transit or 205
267	264		health care personnel is a class C felony. If any person who is confined 206 Raised Bill No. 6455
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274	270		in an institution or facility of the Department of Correction is sentenced 207
275	271		to a term of imprisonment for assault of an employee of the Department 208
276	272		of Correction under this section, such term shall run consecutively to the 209
277	273		term for which the person was serving at the time of the assault. 210
278	274		(c) In any prosecution under this section involving assault of a health 211
279	275		care employee, as defined in section 19a-490q, it shall be an affirmative 212
280	276		defense that the defendant is a person with a disability as described in 213
281	277		subdivision (13), (15) or (20) of section 46a-51 and the defendant's 214
282	278		conduct was a clear and direct manifestation of the disability, except 215
283	279		that for the purposes of this subsection, "mental disability", as defined 216
284	280		in subdivision (20) of section 46a-51, does not include any abnormality 217
285	281		manifested only by repeated criminal or antisocial conduct. 218
286	282		Sec. 5. Subdivision (8) of subsection (a) of section 54-280 of the general 219
287	283		statutes is repealed and the following is substituted in lieu thereof 220
288	284		(Effective October 1, 2021): 221
289	285		(8) "Offense committed with a deadly weapon" or "offense" means: 222
290	286		(A) A violation of [subsection (c)] subdivision (7) of subsection (a) of 223
291	287		section 2-1e, as amended by this act, subsection (e) of section 29-28, 224
292	288		subsections (a) to (e), inclusive, or (i) of section 29-33, section 29-34, 225
293	289		subsection (a) of section 29-35, section 29-36, 29-36k, 29-37a or 29-37e, 226
294	290		subsection (c) of section 29-37g, section 29-37j, subsection (b), (c) or (g) 227
295	291		of section 53-202, section 53-202b, 53-202c, 53-202j, 53-202k, 53-202l, 53-228
296	292		202aa or 53-206b, subsection (b) of section 53a-8, section 53a-55a, 53a-229
297	293		56a, 53a-60a, 53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-230
298	294		211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217b or 53a-217c, or a 231
299	295		second or subsequent violation of section 53-202g; or (B) a violation of 232
300	296		any section of the general statutes which constitutes a felony, as defined 233
301	297		in section 53a-25, provided the court makes a finding that, at the time of 234
302	298		the offense, the offender used a deadly weapon, or was armed with and 235
303	299		threatened the use of or displayed or represented by words or conduct 236
304	300		that the offender possessed a deadly weapon; 237 Raised Bill No. 6455
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311	306		This act shall take effect as follows and shall amend the following
312	307		sections:
313	308
314	309		Section 1 October 1, 2021 2-1d
315	310		Sec. 2 October 1, 2021 2-1e
316	311		Sec. 3 October 1, 2021 53a-167a
317	312		Sec. 4 October 1, 2021 53a-167c
318	313		Sec. 5 October 1, 2021 54-280(a)(8)
319	314
320		-	JUD Joint Favorable
	315	+	Statement of Purpose:
	316	+	To clarify and enhance penalties associated with impeding or
	317	+	obstructing the work of the General Assembly and interference with or
	318	+	assault upon a State Capitol Police officer.
	319	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	320	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	321	+	underlined.]
321	322