Bill Summary – FastDemocracy

General Assembly                      Raised Bill No. 459
       February Session, 2020               LCO No. 2937
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING PERSISTENT OFFENDERS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 53a-40 of the 2020 supplement to the general
    statutes is repealed and the following is substituted in lieu thereof
    (Effective October 1, 2020):
       (a) A persistent dangerous felony offender is a person who:
      (1) (A) Stands convicted of manslaughter, arson, kidnapping, robbery
   in the first or second degree, assault in the first degree, home invasion,
   burglary in the first degree or burglary in the second degree with a
   firearm, and (B) has been, prior to the commission of the present crime,
   convicted of and imprisoned under a sentence to a term of
   imprisonment of more than one year or of death, in this state or in any
   other state or in a federal correctional institution, for any of the
   following crimes: (i) The crimes enumerated in subparagraph (A) of this
   subdivision or an attempt to commit any of said crimes; or (ii) murder,
   sexual assault in the first or third degree, aggravated sexual assault in
   the first degree or sexual assault in the third degree with a firearm, or
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 an attempt to commit any of said crimes; or (iii) prior to October 1, 1975,
 any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78 of the
 general statutes, revision of 1958, revised to 1975, or prior to October 1,
 1971, in this state, assault with intent to kill under section 54-117, or any
 of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12 to 53-16,
 inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82, 53-83, 53-
 86, 53-238 and 53-239 of the general statutes, revision of 1958, revised to
 1968, or any predecessor statutes in this state, or an attempt to commit
 any of said crimes; or (iv) in any other state, any crimes the essential
 elements of which are substantially the same as any of the crimes
 enumerated in subparagraph (A) of this subdivision or this
 subparagraph; or
    (2) (A) Stands convicted of sexual assault in the first or third degree,
 aggravated sexual assault in the first degree or sexual assault in the third
 degree with a firearm, and (B) has been, prior to the commission of the
 present crime, convicted of and imprisoned under a sentence to a term
 of imprisonment of more than one year or of death, in this state or in
 any other state or in a federal correctional institution, for any of the
 following crimes: (i) Murder, manslaughter, arson, kidnapping, robbery
 in the first or second degree, assault in the first degree, home invasion,
 burglary in the first degree or burglary in the second degree with a
 firearm, or an attempt to commit any of said crimes; or (ii) prior to
 October 1, 1971, in this state, assault with intent to kill under section 54-
 117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12
 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82,
 53-83 and 53-86 of the general statutes, revision of 1958, revised to 1968,
 or any predecessor statutes in this state, or an attempt to commit any of
 said crimes; or (iii) in any other state, any crimes the essential elements
 of which are substantially the same as any of the crimes enumerated in
 subparagraph (A) of this subdivision or this subparagraph.
    (b) A persistent dangerous sexual offender is a person who (1) stands
 convicted of sexual assault in the first or third degree, aggravated sexual
 assault in the first degree or sexual assault in the third degree with a
 firearm, and (2) has been, prior to the commission of the present crime,
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 convicted of and imprisoned under a sentence to a term of
 imprisonment of more than one year, in this state or in any other state
 or in a federal correctional institution, for (A) any of the crimes
 enumerated in subdivision (1) of this subsection, or (B) prior to October
 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78
 of the general statutes, revision of 1958, revised to 1975, or prior to
 October 1, 1971, in this state, any of the crimes enumerated in section 53-
 238 or 53-239 of the general statutes, revision of 1958, revised to 1968, or
 any predecessor statutes in this state, or an attempt to commit any of
 said crimes, or (C) in any other state, any crimes the essential elements
 of which are substantially the same as any of the crimes enumerated in
 subdivision (1) of this subsection or this subdivision.
    (c) A persistent serious felony offender is a person who (1) stands
 convicted of a felony, and (2) has been, prior to the commission of the
 present felony, convicted of and imprisoned under an imposed term of
 more than one year or of death, in this state or in any other state or in a
 federal correctional institution, for a crime. This subsection shall not
 apply where the present conviction is for a crime enumerated in
 subdivision (1) of subsection (a) of this section and the prior conviction
 was for a crime other than those enumerated in subsection (a) of this
 section.
    (d) A persistent serious sexual offender is a person, other than a
 person who qualifies as a persistent dangerous sexual offender under
 subsection (b) of this section, who qualifies as a persistent serious felony
 offender under subsection (c) of this section and the felony of which
 such person presently stands convicted is a violation of section 53a-70b
 of the general statutes, revision of 1958, revised to January 1, 2019, or
 subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-
 70a, 53a-71, 53a-72a or 53a-72b and the prior conviction is for a violation
 of section 53-21 of the general statutes, revised to January 1, 1995,
 involving sexual contact, committed prior to October 1, 1995, a violation
 of section 53a-70b of the general statutes, revision of 1958, revised to
 January 1, 2019, or subdivision (2) of section 53-21 of the general
 statutes, committed on or after October 1, 1995, and prior to October 1,
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 2000, a violation of section 53a-70b of the general statutes, revision of
 1958, revised to January 1, 2019, or a violation of subdivision (2) of
 subsection (a) of section 53-21 or a violation of section 53a-70, 53a-70a,
 53a-71, 53a-72a or 53a-72b.
    (e) A persistent larceny offender is a person who (1) stands convicted
 of larceny in the third degree in violation of the provisions of section
 53a-124 in effect prior to October 1, 1982, or larceny in the fourth, fifth
 or sixth degree, and (2) has been, at separate times, twice convicted of
 the crime of larceny for violations committed during the ten years prior
 to the commission of the present larceny.
    (f) A persistent offender for possession of a controlled substance is a
 person who (1) stands convicted of possession of a controlled substance
 in violation of the provisions of section 21a-279, and (2) has been, at
 separate times prior to the commission of the present possession of a
 controlled substance, twice convicted of the crime of possession of a
 controlled substance during the ten years prior to the commission of the
 present violation of section 21a-279.
    (g) A persistent felony offender is a person who (1) stands convicted
 of a felony other than a class D or E felony, and (2) has been, at separate
 times prior to the commission of the present felony, twice convicted of
 a felony other than a class D or E felony during the ten years prior to the
 commission of the present violation.
    (h) It shall be an affirmative defense to the charge of being a persistent
 offender under this section that (1) as to any prior conviction on which
 the state is relying the defendant was pardoned on the ground of
 innocence, and (2) without such conviction, the defendant was not two
 or more times convicted and imprisoned as required by this section.
    (i) When any person has been found to be a persistent dangerous
 felony offender, the court, in lieu of imposing the sentence of
 imprisonment authorized by the general statutes for the crime of which
 such person presently stands convicted, shall (1) sentence such person
 to a term of imprisonment that is not (A) less than twice the minimum
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 term of imprisonment authorized for such crime, or (B) more than twice
 the maximum term of imprisonment authorized for such crime or forty
 years, whichever is greater, provided, if a mandatory minimum term of
 imprisonment is authorized for such crime, such sentence shall include
 a mandatory minimum term of imprisonment that is twice such
 authorized mandatory minimum term of imprisonment, and (2) if such
 person has, at separate times prior to the commission of the present
 crime, been twice convicted of and imprisoned for any of the crimes
 enumerated in subsection (a) of this section, sentence such person to a
 term of imprisonment that is not less than three times the minimum
 term of imprisonment authorized for such crime or more than life,
 provided, if a mandatory minimum term of imprisonment is authorized
 for such crime, such sentence shall include a mandatory minimum term
 of imprisonment that is three times such authorized mandatory
 minimum term of imprisonment.
    (j) When any person has been found to be a persistent dangerous
 sexual offender, the court, in lieu of imposing the sentence of
 imprisonment authorized by section 53a-35a for the crime of which such
 person presently stands convicted, shall sentence such person to a term
 of imprisonment and a period of special parole pursuant to subsection
 (b) of section 53a-28 which together constitute a sentence of
 imprisonment for life, as defined in section 53a-35b.
    (k) When any person has been found to be a persistent serious felony
 offender, the court in lieu of imposing the sentence of imprisonment
 authorized by section 53a-35 for the crime of which such person
 presently stands convicted, or authorized by section 53a-35a if the crime
 of which such person presently stands convicted was committed on or
 after July 1, 1981, may impose the sentence of imprisonment authorized
 by said section for the next more serious degree of felony.
    (l) When any person has been found to be a persistent serious sexual
 offender, the court, in lieu of imposing the sentence of imprisonment
 authorized by section 53a-35a for the crime of which such person
 presently stands convicted, may impose a sentence of imprisonment
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 and a period of special parole pursuant to subsection (b) of section 53a-
 28 which together constitute the maximum sentence specified by section
 53a-35a for the next more serious degree of felony.
    (m) (1) When any person has been found to be a persistent larceny
 offender, the court, in lieu of imposing the sentence authorized by
 section 53a-36 for the crime of which such person presently stands
 convicted, may impose the sentence of imprisonment for a class D
 felony authorized by section 53a-35, if the crime of which such person
 presently stands convicted was committed prior to July 1, 1981, or
 authorized by section 53a-35a, if the crime of which such person
 presently stands convicted was committed on or after July 1, 1981, but
 prior to October 1, 2019.
    (2) When any person has been found to be a persistent larceny
 offender, the court, in lieu of imposing the sentence authorized by
 section 53a-36 for the crime of which such person presently stands
 convicted for a violation committed on or after October 1, 2019, may
 impose the sentence of (A) imprisonment for a class E felony authorized
 by section 53a-35a, if such person presently stands convicted of a
 violation of section 53a-125, or (B) imprisonment authorized by section
 53a-36 for the next more serious degree of misdemeanor authorized
 under section 53a-36 if such person presently stands convicted of a
 violation of section 53a-125a or 53a-125b.
    (n) When any person has been found to be a persistent offender for
 possession of a controlled substance, the court, in lieu of imposing the
 sentence authorized by section 53a-36 for the crime of which such
 person presently stands convicted, may impose the sentence of
 imprisonment for a class E felony authorized by section 53a-35a.
    (o) When any person has been found to be a persistent felony
 offender, the court, in lieu of imposing the sentence authorized by
 section 53a-35a for the crime of which such person presently stands
 convicted, may impose the sentence of imprisonment authorized by said
 section for the next more serious degree of felony; provided the sentence
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 imposed may not be less than three years, and provided further three
 years of the sentence so imposed may not be suspended or reduced by
 the court.
    (p) (1) Whenever a person is arrested for any of the crimes
 enumerated in subsection (a) of this section, the prosecuting authority
 shall investigate and ascertain whether such person has, at separate
 times prior to the commission of the present crime, been twice convicted
 of and imprisoned for any of the crimes enumerated in said subsection
 (a) and would be eligible to be sentenced under subsection (i) of this
 section if convicted of such crime.
    (2) If the prosecuting authority ascertains that such person has, at
 separate times prior to the commission of the present crime, been twice
 convicted of and imprisoned for any of the crimes enumerated in
 subsection (a) of this section and such person has been presented to a
 geographical area courthouse, the prosecuting authority shall cause
 such person to be transferred to a judicial district courthouse.
    (3) No court shall accept a plea of guilty, not guilty or nolo contendere
 from a person arrested for any of the crimes enumerated in subsection
 (a) of this section unless it finds that the prosecuting authority has
 complied with the requirements of subdivision (1) of this subsection.
    (4) If the prosecuting authority ascertains that such person has, at
 separate times prior to the commission of the present crime, been twice
 convicted of and imprisoned for any of the crimes enumerated in
 subsection (a) of this section but decides not to initiate proceedings to
 seek the sentence enhancement provided by subsection (i) of this
 section, the prosecuting authority shall state for the record the specific
 reason or reasons for not initiating such proceedings.
    (5) If the prosecuting authority ascertains that such person has, at
 separate times prior to the commission of the present crime, been twice
 convicted of and imprisoned for any of the crimes enumerated in
 subsection (a) of this section and initiates proceedings to seek the
 sentence enhancement provided by subsection (i) of this section, but
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 subsequently decides to terminate such proceedings, the prosecuting
 authority shall state for the record the specific reason or reasons for
 terminating such proceedings.
       This act shall take effect as follows and shall amend the following
       sections:
       Section 1           October 1, 2020                         53a-40
      Statement of Purpose:
      To provide a look-back period for sentencing of certain persistent
      offenders.
      [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.]
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