Bill Text: CT HB07301 | 2017 | General Assembly | Introduced

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Bill Title: An Act Concerning Exposure Of Children To Domestic Violence.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-03-20 - Public Hearing 03/24 [HB07301 Detail]

Download: Connecticut-2017-HB07301-Introduced.html

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General Assembly		Raised Bill No. 7301
January Session, 2017		LCO No. 5483
		*05483_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING EXPOSURE OF CHILDREN TO DOMESTIC VIOLENCE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 53a-35a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) For any felony committed on or after July 1, 1981, the sentence of imprisonment shall be a definite sentence and, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, the term shall be fixed by the court as follows:

(1) (A) For a capital felony committed prior to April 25, 2012, under the provisions of section 53a-54b in effect prior to April 25, 2012, a term of life imprisonment without the possibility of release unless a sentence of death is imposed in accordance with section 53a-46a, or (B) for the class A felony of murder with special circumstances committed on or after April 25, 2012, under the provisions of section 53a-54b in effect on or after April 25, 2012, a term of life imprisonment without the possibility of release;

(2) For the class A felony of murder, a term not less than twenty-five years nor more than life;

(3) For the class A felony of aggravated sexual assault of a minor under section 53a-70c, a term not less than twenty-five years or more than fifty years;

(4) For a class A felony other than an offense specified in subdivision (2) or (3) of this section, a term not less than ten years nor more than twenty-five years;

(5) For the class B felony of manslaughter in the first degree with a firearm under section 53a-55a, a term not less than five years nor more than forty years;

(6) For a class B felony other than manslaughter in the first degree with a firearm under section 53a-55a, a term not less than one year nor more than twenty years;

(7) For a class C felony, a term not less than one year nor more than ten years;

(8) For a class D felony, a term not more than five years;

(9) For a class E felony, a term not more than three years; and

(10) For an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines or provides the penalty for the crime.

(b) For any felony which is for a second or subsequent family violence crime as defined in section 46b-38a, that was committed within the vision or hearing of a minor child, the court shall sentence the person convicted of such crime to a term of imprisonment that is not less than twenty-five per cent greater than the minimum term, if any, for such violation, but not more than a term of imprisonment that is twenty-five per cent greater than the maximum term for such violation.

Sec. 2. Section 53a-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) A sentence of imprisonment for a misdemeanor shall be a definite sentence and, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, the term shall be fixed by the court as follows:

(1) For a class A misdemeanor, a term not to exceed one year;

(2) [for] For a class B misdemeanor, a term not to exceed six months;

(3) [for] For a class C misdemeanor, a term not to exceed three months;

(4) [for] For a class D misdemeanor, a term not to exceed thirty days; and

(5) [for] For an unclassified misdemeanor, a term in accordance with the sentence specified in the section of the general statutes that defines or provides the penalty for the crime.

(b) For any misdemeanor which is a second or subsequent family violence crime, as defined in section 46b-38a, that was committed within the vision or hearing of a minor child, the court shall sentence the person convicted of such crime to a term of imprisonment that is not less than twenty-five per cent greater than the minimum term, if any, for such violation, but not more than a term of imprisonment that is twenty-five per cent greater than the maximum term for such violation, provided such term does not exceed one year.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2017	53a-35a
Sec. 2	October 1, 2017	53a-36

Statement of Purpose:

To create an enhanced penalty for second and subsequent family violence crimes if committed in the presence of a child.

[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.]