Connecticut Seal

Substitute House Bill No. 5759

Public Act No. 02-97

AN ACT CONCERNING ACTS OF TERRORISM.

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

Section 1. (NEW) (Effective October 1, 2002) (a) A person is guilty of an act of terrorism when such person, with intent to intimidate or coerce the civilian population or a unit of government, commits a felony involving the unlawful use or threatened use of physical force or violence.

(b) When any person has been found guilty of an act of terrorism, and the court is of the opinion that such person's history and character and the nature and circumstances of such person's criminal conduct indicate that an increased penalty will best serve the public interest, the court shall, in lieu of imposing the sentence authorized for the crime under section 53a-35a of the general statutes, impose the sentence of imprisonment authorized by said section for the next more serious degree of felony.

Sec. 2. (NEW) (Effective October 1, 2002) Any person who fabricates, in any manner, (1) a weapon designed or intended to cause death or serious physical injury by the release, dissemination or impact of toxic or poisonous chemicals or their precursors, (2) a weapon involving a disease organism, or (3) a weapon designed to release radiation or radioactivity at a level dangerous to human life, other than a person engaged in the manufacture of such weapons for lawful purposes, shall be guilty of a class B felony.

Sec. 3. (NEW) (Effective October 1, 2002) (a) A person is guilty of hindering prosecution in the first degree when such person renders criminal assistance to another person who has committed a class A or B felony or an unclassified felony for which the maximum penalty is imprisonment for more than ten years and such other person committed such felony with intent to intimidate or coerce the civilian population or a unit of government.

(b) Hindering prosecution in the first degree is a class C felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.

Sec. 4. Section 53a-166 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) A person is guilty of hindering prosecution in the [first] second degree when [he] such person renders criminal assistance to [a] another person who has committed a class A or class B felony or an unclassified [offense] felony for which the maximum penalty is imprisonment for more than ten years.

(b) Hindering prosecution in the [first] second degree is a class D felony.

Sec. 5. Section 53a-167 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) A person is guilty of hindering prosecution in the [second] third degree when [he] such person renders criminal assistance to [a] another person who has committed a class C or class D felony or an unclassified [offense] felony for which the maximum penalty is imprisonment for ten years or less but more than one year.

(b) Hindering prosecution in the [second] third degree is a class A misdemeanor.

Sec. 6. Section 53a-165 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

As used in sections 53a-166 and 53a-167, as amended by this act, and section 3 of this act, a person "renders criminal assistance" when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, [a] another person whom [he] such person knows or believes has committed a felony or is being sought by law enforcement officials for the commission of a felony, or with intent to assist [a] another person in profiting or benefiting from the commission of a felony, [he] such person: (1) Harbors or conceals such other person; or (2) warns such other person of impending discovery or apprehension; or (3) provides such other person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or (4) prevents or obstructs, by means of force, intimidation or deception, [anyone] any person from performing an act which might aid in the discovery or apprehension of such other person or in the lodging of a criminal charge against [him] such other person; or (5) suppresses, by an act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of such other person or in the lodging of a criminal charge against [him] such other person; or (6) aids such other person to protect or expeditiously profit from an advantage derived from such crime.

Sec. 7. (NEW) (Effective October 1, 2002) (a) A person is guilty of damage to public transportation property for terrorist purposes when such person, with intent to cause damage to bus, railroad or other public transportation property or to cause an interruption or impairment of transportation service rendered to the public, and with intent to intimidate or coerce the civilian population or a unit of government, damages such property or tampers with such property and thereby causes such property to be placed in danger of damage.

(b) Damage to public transportation property for terrorist purposes is a class C felony.

Sec. 8. (NEW) (Effective October 1, 2002) (a) A person is guilty of contaminating a public water supply or food supply for terrorist purposes when such person, with intent to intimidate or coerce the civilian population or a unit of government, introduces a hazardous substance into (1) any storage reservoir or distribution reservoir, as those terms are defined in section 25-43 of the general statutes, or any lake or pond, or any stream tributary thereto, that is used for supplying the inhabitants of a town, city or borough with water, or (2) any source or supply of food, as defined in section 21a-92 of the general statutes, that is intended for human consumption.

(b) For the purposes of this section, "hazardous substance" means any physical, chemical, biological or radiological substance or matter which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health.

(c) Contaminating a public water supply or food supply for terrorist purposes is a class C felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.

Sec. 9. (NEW) (Effective October 1, 2002) (a) A person is guilty of computer crime in furtherance of terrorist purposes when such person, with intent to intimidate or coerce the civilian population or a unit of government, commits computer crime, as defined in section 53a-251 of the general statutes, or commits a violation of any provision of section 53-451 of the general statutes.

(b) Computer crime in furtherance of terrorist purposes is a class B felony and, if such offense is directed against any public agency, as defined in section 1-200 of the general statutes, as amended, that is charged with the protection of public safety, five years of the sentence imposed may not be suspended or reduced by the court.

Sec. 10. (NEW) (Effective October 1, 2002) (a) A person is guilty of criminal misrepresentation when such person, with intent to intimidate or coerce the civilian population or a unit of government and with respect to any criminal matter under investigation by an agency or official of the state or any political subdivision of the state, knowingly and wilfully (1) falsifies, conceals or covers up a material fact by any trick, scheme or device, (2) makes any materially false, fictitious or fraudulent statement or representation, or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious or fraudulent statement or entry, and such act materially impairs such investigation.

(b) Criminal misrepresentation is a class C felony.

Sec. 11. Section 54-47b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

For the purposes of sections 54-47a to 54-47h, inclusive, as amended:

(1) "Applicant" means any judge of the Superior Court, Appellate Court or Supreme Court, the Chief State's Attorney or a state's attorney who makes an application to a panel of judges for an investigation into the commission of a crime or crimes.

(2) "Crime or crimes" means (A) any crime or crimes involving corruption in the executive, legislative or judicial branch of state government or in the government of any political subdivision of the state, (B) fraud by a vendor of goods or services in the medical assistance program under Title XIX of the Social Security Act Amendments of 1965, as amended, (C) any violation of chapter 949c, (D) any violation of the election laws of the state, (E) any felony involving the unlawful use or threatened use of physical force or violence committed with the intent to intimidate or coerce the civilian population or a unit of government, and [(E)] (F) any other class A, B or C felony or any unclassified felony punishable by a term of imprisonment in excess of five years for which the Chief State's Attorney or state's attorney demonstrates that he or she has no other means of obtaining sufficient information as to whether a crime has been committed or the identity of the person or persons who may have committed a crime.

(3) "Investigatory grand jury" means a judge, constitutional state referee or any three judges of the Superior Court, other than a judge designated by the Chief Justice to serve on the panel, appointed by the Chief Court Administrator to conduct an investigation into the commission of a crime or crimes.

(4) "Panel of judges" or "panel" means a panel of three Superior Court judges designated by the Chief Justice of the Supreme Court from time to time to receive applications for investigations into the commission of crimes in accordance with the provisions of sections 54-47a to 54-47h, inclusive, as amended, one of whom may be the Chief Court Administrator.

Sec. 12. Section 42-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

No person, firm or corporation shall increase the price of any item which such person, firm or corporation sells or offers for sale at retail at any location in an area which is the subject of any disaster emergency declaration issued by the Governor pursuant to chapter 517, any transportation emergency declaration issued by the Governor pursuant to section 3-6b or any major disaster or emergency declaration issued by the President of the United States, until the period of emergency or disaster is declared by the Governor or the President to be at an end. Nothing in this section shall prohibit the fluctuation in the price of items sold at retail which occurs during the normal course of business. Any person, firm or corporation which violates any provision of this section shall be fined not more than ninety-nine dollars. Any violation of the provisions of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

Sec. 13. Section 54-41b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The Chief State's Attorney or the state's attorney for the judicial district in which the interception is to be conducted may make application to a panel of judges for an order authorizing the interception of any wire communication by investigative officers having responsibility for the investigation of offenses as to which the application is made when such interception may provide evidence of the commission of offenses involving gambling, bribery, violations of section 53-395, violations of section 21a-277, [or] felonious crimes of violence or felonies involving the unlawful use or threatened use of physical force or violence committed with the intent to intimidate or coerce the civilian population or a unit of government.

Sec. 14. (NEW) (Effective October 1, 2002) Nothing in chapter 959a of the general statutes shall preclude the receipt in evidence in a court of this state of any intercepted wire communication obtained in conformity with 18 USC 2510 et seq.

Sec. 15. Section 7 of public act 01-2 of the November 15 special session is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) A person is guilty of threatening in the first degree when such person (1) threatens to commit [any crime of violence or] any crime involving the use of a hazardous substance with the intent to terrorize another person, to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or (2) threatens to commit such crime [of violence or crime involving the use of a hazardous substance] in reckless disregard of the risk of causing such terror, evacuation or inconvenience.

(b) For the purposes of this section, "hazardous substance" means any physical, chemical, biological or radiological substance or matter which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health.

(c) Threatening in the first degree is a class D felony.

Sec. 16. Section 53a-62 of the general statutes, as amended by section 8 of public act 01-2 of the November 15 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) A person is guilty of threatening in the second degree when: [, by] (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.

Approved June 3, 2002