Bill Text: CT SB01117 | 2015 | General Assembly | Introduced
Bill Title: An Act Concerning Certain Misdemeanors.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-03-26 - Public Hearing 03/30 [SB01117 Detail]
Download: Connecticut-2015-SB01117-Introduced.html
General Assembly |
Raised Bill No. 1117 | ||
January Session, 2015 |
LCO No. 5555 | ||
*05555_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING CERTAIN MISDEMEANORS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 53a-61 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of assault in the third degree when: (1) With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or (2) he recklessly causes serious physical injury to another person; or (3) with criminal negligence, he causes physical injury to another person by means of a deadly weapon, a dangerous instrument or an electronic defense weapon.
(b) Assault in the third degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section may be fined in an amount not to exceed two thousand dollars, and (1) if found guilty under subdivision (1) or (2) of said subsection, may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days, or (2) if found guilty under subdivision (3) of said subsection, [(a) of this section] shall be sentenced to a term of imprisonment of [one year] three hundred sixty-four days which may not be suspended or reduced.
Sec. 2. Section 53a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of threatening in the second degree when: (1) By physical threat, such person intentionally places or attempts to place another person in fear of imminent serious physical injury, (2) such person threatens to commit any crime of violence with the intent to terrorize another person, or (3) such person threatens to commit such crime of violence in reckless disregard of the risk of causing such terror.
(b) Threatening in the second degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 3. Section 53a-63 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of reckless endangerment in the first degree when, with extreme indifference to human life, he recklessly engages in conduct which creates a risk of serious physical injury to another person.
(b) Reckless endangerment in the first degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 4. Section 53a-64cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of strangulation in the third degree when such person recklessly restrains another person by the neck or throat and impedes the ability of such other person to breathe or restricts blood circulation of such other person.
(b) No person shall be found guilty of strangulation in the third degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, "unlawful restraint" means a violation of section 53a-95 or 53a-96, as amended by this act, and "assault" means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61, as amended by this act, or 53a-61a.
(c) Strangulation in the third degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 5. Section 53a-73a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of sexual assault in the fourth degree when: (1) Such person subjects another person to sexual contact who is (A) under thirteen years of age and the actor is more than two years older than such other person, or (B) thirteen years of age or older but under fifteen years of age and the actor is more than three years older than such other person, or (C) mentally incapacitated or impaired because of mental disability or disease to the extent that such other person is unable to consent to such sexual contact, or (D) physically helpless, or (E) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (F) in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or (2) such person subjects another person to sexual contact without such other person's consent; or (3) such person engages in sexual contact with an animal or dead body; or (4) such person is a psychotherapist and subjects another person to sexual contact who is (A) a patient of the actor and the sexual contact occurs during the psychotherapy session, or (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual contact occurs by means of therapeutic deception; or (5) such person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a health care professional; or (6) such person is a school employee and subjects another person to sexual contact who is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor; or (7) such person is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects another person to sexual contact who is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age; or (8) such person subjects another person to sexual contact and (A) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and (B) such other person is under eighteen years of age; or (9) such person subjects another person to sexual contact who is placed or receiving services under the direction of the Commissioner of Developmental Services in any public or private facility or program and the actor has supervisory or disciplinary authority over such other person.
(b) Sexual assault in the fourth degree is (1) a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days, or [,] (2) if the victim of the offense is under sixteen years of age, a class D felony.
Sec. 6. Section 53a-181d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) For the purposes of this section, "course of conduct" means two or more acts, including, but not limited to, acts in which a person directly, indirectly or through a third party, by any action, method, device or means, (1) follows, lies in wait for, monitors, observes, surveils, threatens, harasses, communicates with or sends unwanted gifts to, a person, or (2) interferes with a person's property.
(b) A person is guilty of stalking in the second degree when:
(1) Such person knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for such person's physical safety or the physical safety of a third person; or
(2) Such person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person that would cause a reasonable person to fear that such person's employment, business or career is threatened, where (A) such conduct consists of the actor telephoning to, appearing at or initiating communication or contact at such other person's place of employment or business, provided the actor was previously and clearly informed to cease such conduct, and (B) such conduct does not consist of constitutionally protected activity.
(c) Stalking in the second degree is a [class A] misdemeanor and any person found guilty under subsection (b) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 7. Section 53a-181l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of intimidation based on bigotry or bias in the third degree when such person, with specific intent to intimidate or harass another person or group of persons because of the actual or perceived race, religion, ethnicity, disability, sexual orientation or gender identity or expression of such other person or persons: (1) Damages, destroys or defaces any real or personal property, or (2) threatens, by word or act, to do an act described in subdivision (1) of this subsection or advocates or urges another person to do an act described in subdivision (1) of this subsection, if there is reasonable cause to believe that an act described in said subdivision will occur.
(b) Intimidation based on bigotry or bias in the third degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 8. Section 53a-323 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of abuse in the third degree when such person (1) knowingly commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes physical injury to such elderly, blind or disabled person or person with intellectual disability, or (2) recklessly commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes physical injury to such elderly, blind or disabled person or person with intellectual disability.
(b) Abuse in the third degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 9. Section 53a-96 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of unlawful restraint in the second degree when he restrains another person.
(b) Unlawful restraint in the second degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 10. Section 53a-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of manufacturing or possession of burglar's tools when he manufactures or has in his possession any tool, instrument or other thing adapted, designed or commonly used for advancing or facilitating offenses involving unlawful entry into premises, or offenses involving forcible breaking of safes or other containers or depositories of property, under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.
(b) Manufacturing or possession of burglar's tools is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 11. Section 53a-107 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person; or (2) such person enters or remains in a building or any other premises in violation of a restraining order issued pursuant to section 46b-15 or a protective order issued pursuant to section 46b-16a, 46b-38c, 54-1k or 54-82r by the Superior Court; or (3) such person enters or remains in a building or any other premises in violation of a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person; or (4) knowing that such person is not licensed or privileged to do so, such person enters or remains on public land after an order to leave or not to enter personally communicated to such person by an authorized official of the state or a municipality, as the case may be.
(b) Criminal trespass in the first degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 12. Section 53a-98 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of custodial interference in the second degree when: (1) Being a relative of a child who is less than sixteen years old and intending to hold such child permanently or for a protracted period and knowing that he has no legal right to do so, he takes or entices such child from his lawful custodian; (2) knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or any person entrusted by authority of law to the custody of another person or institution; or (3) knowing that he has no legal right to do so, he holds, keeps or otherwise refuses to return a child who is less than sixteen years old to such child's lawful custodian after a request by such custodian for the return of such child.
(b) Custodial interference in the second degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 13. Section 53a-116 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of criminal mischief in the second degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding two hundred fifty dollars; or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with tangible property of a public utility or mode of public transportation, power or communication, and thereby causes a risk of interruption or impairment of service rendered to the public; or (3) with intent to cause damage to tangible property owned by the state or a municipality that is located on public land and having no reasonable ground to believe that such person has a right to do so, such person damages such tangible property in an amount exceeding two hundred fifty dollars.
(b) Criminal mischief in the second degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 14. Section 53a-117f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A tenant is guilty of criminal damage of a landlord's property in the second degree when, having no reasonable ground to believe that a tenant has a right to do so, such tenant (1) intentionally damages the tangible property of the landlord of the premises in an amount exceeding two hundred fifty dollars, or (2) recklessly damages the tangible property of the landlord of the premises in an amount exceeding one thousand five hundred dollars.
(b) For the purposes of this section, "tenant", "landlord" and "premises" have the meanings provided in section 47a-1.
(c) Nothing in this section shall preclude prosecution of a person under any other provision of the general statutes.
(d) Criminal damage of a landlord's property in the second degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 15. Section 53a-119b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of using a motor vehicle without the owner's permission when: (1) He operates or uses, or causes to be operated or used, any motor vehicle unless he has the consent of the owner; or (2) he obtains the consent of the owner to the use of his motor vehicle by fraud or fraudulent means, statement or representations.
(b) A person is guilty of using a vessel, as defined in section 15-127, without the owner's permission when: (1) He operates or uses, or causes to be operated or used, any vessel unless he has the consent of the owner; or (2) he obtains the consent of the owner to the use of his vessel by fraud or fraudulent means, statement or representations.
(c) A person is guilty of interfering or tampering with a motor vehicle when: (1) He puts into motion the engine of any motor vehicle while it is standing without the permission of the owner except that a property owner or his agent may remove any motor vehicle left without authorization on such owner's property in accordance with section 14-145; or (2) with intent and without right to do so, he damages any motor vehicle or damages or removes any of its parts or components.
(d) Using a motor vehicle or a vessel without the owner's permission or interfering or tampering with a motor vehicle is (1) a [class A] misdemeanor and any person found guilty under this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days for a first offense, and (2) a class D felony for each subsequent offense.
Sec. 16. Section 53a-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of larceny in the fourth degree when he commits larceny as defined in section 53a-119 and the value of the property or service exceeds one thousand dollars.
(b) Larceny in the fourth degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 17. Section 53a-126b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of criminal trover in the second degree when, knowing that such person is not licensed or privileged to do so, such person uses the personal property of another without the consent of such owner, and such use results in damage to or diminishes the value of such property or subjects such owner to economic loss, fine or other penalty.
(b) For the purposes of this section, "economic loss" includes uncompensated economic loss that exceeds five hundred dollars suffered by an owner of personal property who is engaged in the business of renting or leasing personal property when a person to whom such owner has rented or leased such property pursuant to a written agreement providing for the return of such property at a specified time fails to return such property within one hundred twenty hours after the owner sends a written demand to such person for the return of such property by registered mail addressed to such person at such person's address as shown in the written agreement, unless a more recent address is known to the owner. Acknowledgment of the receipt of such written demand by such person shall not be necessary to establish that one hundred twenty hours have passed since such written demand was sent. The provisions of this subsection shall not apply to personal property that is rented or leased (1) for personal, family or household purposes, or (2) pursuant to chapter 743i.
(c) Criminal trover in the second degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 18. Subsection (c) of section 53a-128 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(c) Issuing a bad check is: (1) A class D felony if the amount of the check was more than two thousand dollars; (2) a [class A] misdemeanor for which a person may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days, if the amount of the check was more than one thousand dollars but not more than two thousand dollars; (3) a class B misdemeanor if the amount of the check was more than five hundred dollars but not more than one thousand dollars; or (4) a class C misdemeanor if the amount of the check was five hundred dollars or less.
Sec. 19. Subsection (a) of section 53a-128i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Any person who is subject to the penalties of this subsection shall be guilty of a [class A] misdemeanor for which a person may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 20. Section 53a-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that the same will be returned to the owner at a future time, he loans, leases, pledges, pawns or otherwise encumbers such property without the consent of the owner thereof in such manner as to create a risk that the owner will not be able to recover it or will suffer pecuniary loss.
(b) In any prosecution under this section, it shall be a defense that, at the time the prosecution was commenced, (1) the defendant had recovered possession of the property, unencumbered as a result of the unlawful disposition, and (2) the owner had suffered no material economic loss as a result of the unlawful disposition.
(c) Misapplication of property is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 21. Section 53a-142 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of forgery of symbols of value when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument or issues or possesses any written instrument which he knows to be forged, which is or purports to be, or which is calculated to become or represent if completed part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services.
(b) Forgery of symbols of value is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 22. Section 53a-157b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of false statement when such person (1) intentionally makes a false written statement that such person does not believe to be true with the intent to mislead a public servant in the performance of such public servant's official function, and (2) makes such statement under oath or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.
(b) False statement is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 23. Section 53a-167a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of interfering with an officer when such person obstructs, resists, hinders or endangers any peace officer, special policeman appointed under section 29-18b, motor vehicle inspector designated under section 14-8 and certified pursuant to section 7-294d or firefighter in the performance of such peace officer's, special policeman's, motor vehicle inspector's or firefighter's duties.
(b) Interfering with an officer is a [class A] misdemeanor for which a person may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days, except that, if such violation causes the death or serious physical injury of another person, such person shall be guilty of a class D felony.
Sec. 24. Section 53a-173 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of failure to appear in the second degree when (1) while charged with the commission of a misdemeanor or a motor vehicle violation for which a sentence to a term of imprisonment may be imposed and while out on bail or released under other procedure of law, such person wilfully fails to appear when legally called according to the terms of such person's bail bond or promise to appear, or (2) while on probation for conviction of a misdemeanor or motor vehicle violation, such person wilfully fails to appear when legally called for any court hearing relating to a violation of such probation.
(b) Failure to appear in the second degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 25. Section 53a-175 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of riot in the first degree when simultaneously with six or more other persons he engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm, and in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs.
(b) Riot in the first degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 26. Section 14-223 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Whenever the operator of any motor vehicle fails promptly to bring his motor vehicle to a full stop upon the signal of any officer in uniform or prominently displaying the badge of his office, or disobeys the direction of such officer with relation to the operation of his motor vehicle, he shall be deemed to have committed an infraction and be fined fifty dollars.
(b) No person operating a motor vehicle, when signaled to stop by an officer in a police vehicle using an audible signal device or flashing or revolving lights, shall increase the speed of the motor vehicle in an attempt to escape or elude such police officer. Any person who violates this subsection shall be guilty of a [class A] misdemeanor for which a person may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days, except that, if such violation causes the death or serious physical injury, as defined in section 53a-3, of another person, such person shall be guilty of a class C felony, and shall have such person's motor vehicle operator's license suspended for one year for the first offense, except that the Commissioner of Motor Vehicles may, after a hearing, as provided for in subsection (i) of section 14-111, and upon a showing of compelling mitigating circumstances, reinstate such person's license before the expiration of such one-year period. For any subsequent offense such person shall be guilty of a class C felony, except that if any prior offense by such person under this subsection caused, and such subsequent offense causes, the death or serious physical injury, as defined in section 53a-3, of another person, such person shall be guilty of a class C felony for which one year of the sentence imposed may not be suspended or reduced by the court, and shall have such person's motor vehicle operator's license suspended for not less than eighteen months nor more than two years, except that said commissioner may, after a hearing, as provided for in subsection (i) of section 14-111, and upon a showing of compelling mitigating circumstances, reinstate such person's license before such period.
Sec. 27. Section 14-224 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Each operator of a motor vehicle who is knowingly involved in an accident which results in the death of any other person shall at once stop and render such assistance as may be needed and shall give such operator's name, address and operator's license number and registration number to any officer or witness to the death of any person, and if such operator of the motor vehicle causing the death of any person is unable to give such operator's name, address and operator's license number and registration number to any witness or officer, for any reason or cause, such operator shall immediately report such death of any person to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the death of any person and such operator's name, address, operator's license number and registration number.
(b) (1) Each operator of a motor vehicle who is knowingly involved in an accident which causes serious physical injury, as defined in section 53a-3, to any other person shall at once stop and render such assistance as may be needed and shall give such operator's name, address and operator's license number and registration number to the person injured or to any officer or witness to the serious physical injury to person. If such operator of the motor vehicle causing the serious physical injury of any person is unable to give such operator's name, address and operator's license number and registration number to the person injured or to any witness or officer, for any reason or cause, such operator shall immediately report such serious physical injury of any person to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the serious physical injury of any person and such operator's name, address, operator's license number and registration number.
(2) Each operator of a motor vehicle who is knowingly involved in an accident that causes physical injury, as defined in section 53a-3, to any other person shall at once stop and render such assistance as may be needed and shall give such operator's name, address and operator's license number and registration number to the person injured or to any officer or witness to the physical injury. If such operator of the motor vehicle causing the physical injury is unable to give such operator's name, address and operator's license number and registration number to the person injured or to any witness or officer, for any reason or cause, such operator shall immediately report such physical injury of any person to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the physical injury of any person and such operator's name, address, operator's license number and registration number.
(3) Each operator of a motor vehicle who is knowingly involved in an accident that causes injury or damage to property shall at once stop and render such assistance as may be needed and shall give such operator's name, address and operator's license number and registration number to the owner of the injured or damaged property, or to any officer or witness to the injury or damage to property, and if such operator of the motor vehicle causing the injury or damage to any property is unable to give such operator's name, address and operator's license number and registration number to the owner of the property injured or damaged, or to any witness or officer, for any reason or cause, such operator shall immediately report such injury or damage to property to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the injury or damage to property and such operator's name, address, operator's license number and registration number.
(c) (1) No person shall operate a motor vehicle upon any public highway for a wager or for any race or for the purpose of making a speed record.
(2) No person shall (A) possess a motor vehicle under circumstances manifesting an intent that it be used in a race or event prohibited under subdivision (1) of this subsection, (B) act as a starter, timekeeper, judge or spectator at a race or event prohibited under subdivision (1) of this subsection, or (C) wager on the outcome of a race or event prohibited under subdivision (1) of this subsection.
(d) Each person operating a motor vehicle who is knowingly involved in an accident on a limited access highway which causes damage to property only shall immediately move or cause his motor vehicle to be moved from the traveled portion of the highway to an untraveled area which is adjacent to the accident site if it is possible to move the motor vehicle without risk of further damage to property or injury to any person.
(e) No person who acts in accordance with the provisions of subsection (d) of this section may be considered to have violated subdivision (3) of subsection (b) of this section.
(f) Any person who violates the provisions of subsection (a) or subdivision (1) of subsection (b) of this section shall be fined not more than ten thousand dollars or be imprisoned not less than one year nor more than ten years or be both fined and imprisoned.
(g) Any person who violates the provisions of subdivision (2) or (3) of subsection (b) of this section or subsection (c) of this section shall be fined not less than seventy-five dollars nor more than six hundred dollars or be imprisoned not more than [one year] three hundred sixty-four days or be both fined and imprisoned, and for any subsequent offense shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned not more than [one year] three hundred sixty-four days or be both fined and imprisoned.
(h) In addition to any penalty imposed pursuant to subsection (g) of this section: (1) If any person is convicted of a violation of subdivision (1) of subsection (c) of this section and the motor vehicle being operated by such person at the time of the violation is registered to such person, the court may order such motor vehicle to be impounded for not more than thirty days and such person shall be responsible for any fees or costs resulting from such impoundment; or (2) if any person is convicted of a violation of subdivision (1) of subsection (c) of this section and the motor vehicle being operated by such person at the time of the violation is not registered to such person, the court may fine such person not more than two thousand dollars, and for any subsequent offense may fine such person not more than three thousand dollars.
Sec. 28. Section 21a-95 of the general statutes is amended by adding subsection (e) as follows (Effective October 1, 2015):
(NEW) (e) Notwithstanding subsections (a) and (b) of this section, any person who violates any provision of subsection (l) of section 21a-93 shall be imprisoned not more than six months or fined not more than five hundred dollars or both; but, if the violation is committed after a conviction of such person under this subsection has become final, or if a person violates said subsection (l) with intent to defraud or mislead, such person shall be imprisoned not more than three hundred sixty-four days or fined not more than one thousand dollars or both.
Sec. 29. Section 53a-131 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of unlawfully concealing a will when, with intent to defraud, he conceals, secrets, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.
(b) Unlawfully concealing a will is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 30. Section 53a-127g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) For the purposes of this section, (1) "access device" includes, but is not limited to, any card, plate, code, account number, mobile identification number, personal identification number, telecommunication service access equipment, card-reading device, scanning device, reencoder or other means that could be used to access financial resources or obtain the financial information, personal information or benefits of another person, and (2) "personal identifying information" has the same meaning as provided in section 53a-129a.
(b) A person is guilty of unlawful possession of a personal identifying information access device when such person possesses an access device, document-making equipment or authentication implement for the purpose of fraudulently altering, obtaining or using the personal identifying information of another person.
(c) Unlawful possession of an access device is a [class A] misdemeanor and any person found guilty under subsection (b) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 31. Section 53a-127a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) No person shall, with intent to commit larceny: (1) Enter, or force an entrance into, alter or insert any part of an instrument into any coin machine, as defined in section 53a-143; or (2) knowingly possess a key or device, or a drawing, print or mold thereof, adapted and designed to open or break into any such coin machine.
(b) Any person who violates any provision of subsection (a) of this section shall be guilty of a [class A] misdemeanor for which a person may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
Sec. 32. Section 53a-294 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of vendor fraud in the fourth degree when he commits vendor fraud, as defined in section 53a-290, and receives payment for goods or services fraudulently provided in excess of five hundred dollars.
(b) Vendor fraud in the fourth degree is a [class A] misdemeanor and any person found guilty under subsection (a) of this section, may be fined in an amount not to exceed two thousand dollars and may be sentenced to a term of imprisonment not to exceed three hundred sixty-four days.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2015 |
53a-61 |
Sec. 2 |
October 1, 2015 |
53a-62 |
Sec. 3 |
October 1, 2015 |
53a-63 |
Sec. 4 |
October 1, 2015 |
53a-64cc |
Sec. 5 |
October 1, 2015 |
53a-73a |
Sec. 6 |
October 1, 2015 |
53a-181d |
Sec. 7 |
October 1, 2015 |
53a-181l |
Sec. 8 |
October 1, 2015 |
53a-323 |
Sec. 9 |
October 1, 2015 |
53a-96 |
Sec. 10 |
October 1, 2015 |
53a-106 |
Sec. 11 |
October 1, 2015 |
53a-107 |
Sec. 12 |
October 1, 2015 |
53a-98 |
Sec. 13 |
October 1, 2015 |
53a-116 |
Sec. 14 |
October 1, 2015 |
53a-117f |
Sec. 15 |
October 1, 2015 |
53a-119b |
Sec. 16 |
October 1, 2015 |
53a-125 |
Sec. 17 |
October 1, 2015 |
53a-126b |
Sec. 18 |
October 1, 2015 |
53a-128(c) |
Sec. 19 |
October 1, 2015 |
53a-128i(a) |
Sec. 20 |
October 1, 2015 |
53a-129 |
Sec. 21 |
October 1, 2015 |
53a-142 |
Sec. 22 |
October 1, 2015 |
53a-157b |
Sec. 23 |
October 1, 2015 |
53a-167a |
Sec. 24 |
October 1, 2015 |
53a-173 |
Sec. 25 |
October 1, 2015 |
53a-175 |
Sec. 26 |
October 1, 2015 |
14-223 |
Sec. 27 |
October 1, 2015 |
14-224 |
Sec. 28 |
October 1, 2015 |
21a-95 |
Sec. 29 |
October 1, 2015 |
53a-131 |
Sec. 30 |
October 1, 2015 |
53a-127g |
Sec. 31 |
October 1, 2015 |
53a-127a |
Sec. 32 |
October 1, 2015 |
53a-294 |
Statement of Purpose:
To reduce the maximum term of imprisonment for certain class A misdemeanors by one day to three hundred sixty-four days.
[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.]