File No. 614

Senate, May 2, 2005

The Committee on Judiciary reported through SEN. MCDONALD of the 27th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE IMPERSONATION OF A POLICE OFFICER.

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

Section 1. Section 53a-130a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) A person is guilty of impersonation of a police officer when [he] such person pretends to be a sworn member of an organized local police department or the Division of State Police within the Department of Public Safety, or an inspector employed by the Division of Criminal Justice, or wears or displays without authority any uniform, badge or shield by which such police officer or inspector is lawfully distinguished, with intent to induce another person to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

(b) Impersonation of a police officer is a class D felony.

Sec. 2. (NEW) (Effective October 1, 2005) (a) A person is guilty of impersonation of a police officer to commit a crime when such person pretends to be a sworn member of an organized local police department or the Division of State Police within the Department of Public Safety, or an inspector employed by the Division of Criminal Justice, or wears or displays without authority any uniform, badge or shield by which such police officer or inspector is lawfully distinguished in the commission of a crime.

(b) Impersonation of a police officer to commit a crime is a class C felony.

Statement of Legislative Commissioners:

In subsection (a) of section 1, the words "or inspector" were inserted after "such police officer" for consistency.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill expands the existing crime of impersonation of a police officer to include an inspector employed by the Division of Criminal Justice. The bill also establishes a new crime of impersonation of a police officer to commit a crime, which provides for stiffer penalties than the existing crime of impersonation of a police officer. There are an average of five convictions annually under the existing law.

To the extent that the bill’s changes increase the likelihood that offenders would be prosecuted or receive harsher penalties, a potential revenue gain from criminal fines and potential cost for incarceration and/or probation supervision in the community exist. It is anticipated that few fines would be imposed on an annual basis, and, consequently, any revenue gain under the bill is expected to be minimal. On average, it costs the state $2,150 to supervise an offender on probation in the community as compared to $35,040 to incarcerate the offender (note that both figures include fringe benefits).



OLR Bill Analysis

sSB 1275

AN ACT CONCERNING THE IMPERSONATION OF A POLICE OFFICER

SUMMARY:

This bill creates the crime of criminal impersonation of a police officer to commit a crime and makes it a class C felony, punishable by one to 10 years imprisonment, a fine of up to $10,000, or both. A person commits this crime if, in committing any crime, he pretends to be a police officer or Division of Criminal Justice (DCJ) inspector or wears or displays without authority any uniform, badge, or shield by which the police officer or inspector is lawfully distinguished.

The bill expands the current law making it a class D felony to impersonate a police officer to include impersonating a DCJ inspector. A person commits this crime if he pretends to be a DCJ inspector or police officer or wears or displays the inspector’s or officer’s uniform, badge, or shield to induce someone to submit to, or rely on, that pretense. A class D felony is punishable by one to five years imprisonment, a fine of $5,000, or both.

EFFECTIVE DATE: October 1, 2005

COMMITTEE ACTION

Public Safety and Security Committee

Joint Favorable Change of Reference

Judiciary Committee

Joint Favorable Report