Substitute Senate Bill No. 1160

Public Act No. 01-99

AN ACT CONCERNING MANDATORY MINIMUM SENTENCES.

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

Section 1. (NEW) Notwithstanding any provision of the general statutes, when sentencing a person convicted of a violation of any provision of chapter 420b of the general statutes, except a violation of subsection (a) or (c) of section 21a-278a of the general statutes, for which there is a mandatory minimum sentence, which did not involve the use, attempted use or threatened use of physical force against another person or result in the physical injury or serious physical injury of another person, and in the commission of which such person neither was armed with nor threatened the use of or displayed or represented by word or conduct that such person possessed any firearm, deadly weapon or dangerous instrument, as those terms are defined in section 53a-3 of the general statutes, the court may, upon a showing of good cause by the defendant, depart from the prescribed mandatory minimum sentence, provided the provisions of this section have not previously been invoked on the defendant's behalf and the court, at the time of sentencing, states in open court the reasons for imposing the particular sentence and the specific reason for imposing a sentence that departs from the prescribed mandatory minimum sentence.

Sec. 2. This act shall take effect July 1, 2001.

Approved June 6, 2001