AN ACT REGULATING SURETY BAIL BOND AGENTS.

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

Section 1. Section 38a-660 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) As used in this section and sections 3 to 14, inclusive, of this act:

(1) "Commissioner" means the Insurance Commissioner;

(2) "Disqualifying offense" means: (A) A felony; (B) a misdemeanor if an element of the offense involves dishonesty or misappropriation of money or property; or (C) a misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d;

[(2)] (3) "Insurer" means any domestic, foreign or alien insurance company which has qualified generally to transact surety business in this state under the requirements of chapter 698 and specifically to transact bail bond business in this state;

[(3) "Surety bail bond agent" means any person who has been approved by the commissioner and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings;]

(4) "License" means a surety bail bond agent license issued by the commissioner to a qualified individual as provided in this section;

(5) "Managing general agent" means any person appointed or employed by an insurer to supervise or otherwise manage the bail bond business written in this state by surety bail bond agents appointed by such insurer;

[(5)] (6) "Solicit" includes any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising in person or by means of telephone, radio or television which implies that an individual is licensed under this section, and any activity in arranging for bail which results in compensation to the individual conducting that activity;

[(6) "Disqualifying offense" means: (A) A felony; or (B) a misdemeanor if an element of the offense involves dishonesty or misappropriation of money or property.]

(7) "Surety bail bond agent" means any person who has been approved by the commissioner and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings.

(b) An insurer shall not execute an undertaking of bail in this state except by and through a person holding a license issued as provided in this section.

(c) A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond on behalf of an insurer, or execute or deliver such an undertaking of bail or bail bond on behalf of an insurer unless licensed as provided in this section. Any person who violates the provisions of this subsection shall be guilty of a class D felony.

(d) Only natural persons who are licensed under this section may execute bail bonds. A firm, partnership, association or corporation, desiring to execute an undertaking of bail in this state must do so by and through a person holding a license issued as provided in this section.

(e) Any person desiring to act within this state as a surety bail bond agent shall make a written application to the commissioner for a license in such form and having such supporting documents as the commissioner prescribes. Each application shall be signed by the applicant and shall be accompanied by a nonrefundable filing fee as determined by the commissioner. The applicant must also submit with the application a complete set of the applicant's fingerprints, certified by an authorized law enforcement officer, and two recent credential-sized full-face photographs of the applicant. At the time of application, each applicant for a license shall forward a copy of the applicant's complete application and supporting documents to the bond forfeiture unit of the Office of the Chief State's Attorney.

(f) (1) Every applicant for a license must file with the commissioner a notice of appointment executed by an insurer or its authorized representative authorizing such applicant to execute undertakings of bail and to solicit and negotiate such undertakings on its behalf.

(2) By appointing a surety bail bond agent, an insurer certifies to the commissioner that, to the best of the insurer's knowledge and belief, such person is competent, financially responsible and suitable to serve as a representative of the insurer. Until an insurer has appointed a person as its surety bail bond agent in accordance with this section, such person shall not represent to the public that such person has authority to represent such insurer as its surety bail bond agent. An insurer shall be bound by the acts of such person appointed within the scope of such person's actual or apparent authority as such insurer's agent.

(3) (A) Each appointment shall, by its terms, continue in force until: [(1)] (i) Termination of the surety bail bond agent's license; or [(2)] (ii) the filing of a notice of termination by the insurer or its representative or by such surety bail bond agent.

(B) Upon the termination of a surety bail bond agent's appointment, such agent shall not engage or attempt to engage in any activity requiring such an appointment. An insurer that terminates the appointment of a surety bail bond agent may authorize such agent to continue to attempt to take custody of a defendant for whom a bail bond had been written prior to the termination of such agent's appointment and to seek discharge of forfeitures and judgments.

(C) Not later than five days after receiving notice or learning that a surety bail bond agent has been arrested for, pleaded guilty or nolo contendere to, or been found guilty of, a disqualifying offense in this state or an offense in any other state, the essential elements of which are substantially the same as a disqualifying offense, whether judgment was entered or withheld by a court, an insurer, managing general agent or surety bail bond agent shall notify the commissioner in writing.

(g) An applicant for a license shall be required to appear in person and take a written examination testing the applicant's competency and qualifications to act as a surety bail bond agent. The commissioner may designate an independent testing service to prepare and administer such examination, provided any examination fees charged by such service shall be paid by the applicant. The commissioner shall collect the appropriate examination fee, which shall entitle the applicant to take the examination for the license, except when a testing service is used, the testing service shall pay such fee to the commissioner. In either case, such examination shall be as the commissioner prescribes and shall be of sufficient scope to test the applicant's knowledge of subjects pertinent to the duties and responsibilities of a surety bail bond agent, including all laws and regulations of this state applicable thereto.

(h) In addition to all other requirements prescribed in this section, each applicant for a license shall furnish satisfactory evidence to the commissioner that: (1) The applicant is at least eighteen years of age; (2) the applicant is a citizen of the United States; and (3) the applicant has never been convicted of a [felony or any misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d] disqualifying offense. The commissioner shall require each applicant to submit to a background investigation, including an investigation of any prior criminal activity, to be conducted by the Division of Criminal Justice. The Division of Criminal Justice shall require each applicant to submit to state and national criminal history records checks. Such criminal history records checks shall be conducted in accordance with section 29-17a.

(i) Upon satisfying himself that an applicant meets the licensing requirements of this state and is in all respects properly qualified and trustworthy and that the granting of such license is not against the public interest, the commissioner may issue to such applicant the license applied for, in such form as he may adopt, to act within this state to the extent therein specified.

(j) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, relating to the approval of schools offering courses in the duties and responsibilities of surety bail bond agents, the content of such courses and the advertising to the public of the services of these schools.

(k) To further the enforcement of this section and sections 3 to 12, inclusive, of this act, and to determine the eligibility of any licensee, the commissioner may, as often as [he] the commissioner deems necessary, examine the books and records of any such licensee, the cost of which shall be borne by the licensee.

(l) A license may, [in] at the discretion of the commissioner, be renewed or continued upon payment of the appropriate fee [as the commissioner deems necessary] without the resubmittal of the detailed information required in the original application.

(m) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement subsections (a) to (l), inclusive, of this section.

[(n) Any individual aggrieved by the action of the commissioner in revoking, suspending or refusing to reissue a license or in imposing a fine or penalty may appeal therefrom, in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of Hartford. Appeals under this section shall be privileged in respect to the order of trial assignment.]

(n) In addition to the notification requirements set forth in section 38a-771, each surety bail bond agent shall provide written notice to the commissioner, the appointing insurer and the managing general agent not later than thirty days after a change in such surety bail bond agent's principal business address or telephone number.

(o) Nothing in this section shall be construed as limiting an individual's ability to operate as a professional bondsman in this state pursuant to chapter 533 provided such individual is in compliance with all requirements of said chapter.

Sec. 2. Section 38a-660a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

The Insurance Commissioner shall furnish to all courts and to all organized police departments in the state, the names of all persons licensed as surety bail bond agents under this chapter and shall forthwith notify such courts and all such police departments of any change in any such agent's principal business address, telephone number or status or of the suspension or revocation of the license of any such agent to engage in such business.

Sec. 3. (NEW) (Effective October 1, 2009) (a) No surety bail bond agent shall execute a bail bond without charging the premium rate filed with and approved by the commissioner pursuant to chapter 701 of the general statutes.

(b) Not later than the tenth day of each month, each surety bail bond agent shall certify to the commissioner under oath, on a form prescribed by the commissioner, that the premium for each surety bail bond executed by such agent did not exceed, nor was less than, the premium rate as filed by the insurer with, and approved by, the commissioner. The filing of a false certification by a surety bail bond agent shall be grounds for administrative action in accordance with section 38a-774 of the general statutes.

(c) Each insurer shall biannually conduct an audit, for the period from January first to June thirtieth and from July first to December thirty-first, of each of its appointed surety bail bond agents to ensure such agents are charging the premium rate as required by subsection (a) of this section. Not later than forty-five days after the closing period of each audit, each insurer shall notify the commissioner of the failure of any surety bail bond agent to charge the filed and approved premium rate. Such notice shall include the name of the surety bail bond agent, the case docket number if assigned, the total amount of the surety bond, the date the surety bond was posted, the five-digit identification code assigned to the insurer by the National Association of Insurance Commissioners and the date the premium was due.

(d) Nothing in this section shall be construed to prohibit or limit a premium financing arrangement that is in accordance with section 4 of this act.

Sec. 4. (NEW) (Effective October 1, 2009) If a surety bail bond agent extends credit for a premium financing arrangement, such agent shall require the defendant and any indemnitor to execute a promissory note for the balance of the premium due, at the filed and approved premium rate required by section 3 of this act. Such promissory note shall provide that such balance shall be paid not later than fifteen months from the date of such execution. If such balance has not been paid in full to the surety bail bond agent by the due date, such agent shall file a verified complaint seeking appropriate relief with the court not later than sixty days after such due date. The surety bail bond agent shall make a diligent effort to obtain judgment not later than one hundred twenty days after filing such complaint on such promissory note unless good cause is shown for failure to obtain judgment, including, but not limited to, the filing for bankruptcy by the defendant or the indemnitor or failure to serve process despite good faith efforts.

Sec. 5. (NEW) (Effective October 1, 2009) (a) All premiums, return premiums or other funds belonging to insurers or others that are received by a surety bail bond agent under such agent's license shall be deemed trust funds received by such agent in a fiduciary capacity. Such agent shall account for and pay the same to the insurer, insured or other person entitled to such funds.

(b) A surety bail bond agent shall keep and make available to the commissioner books, accounts and records as necessary to enable the commissioner to determine whether such agent is complying with applicable law. A surety bail bond agent shall preserve the books, accounts and records pertaining to a premium payment for at least three years after making such payment. Records that are preserved by computer or photographic reproduction or records that are in photographic form shall be deemed to be in compliance with this subsection.

(c) Any surety bail bond agent who unlawfully diverts or appropriates such funds specified in subsection (a) of this section or any portion thereof for such agent's own use shall have committed larceny, as defined in section 53a-119 of the general statutes.

Sec. 6. (NEW) (Effective October 1, 2009) Each surety bail bond agent shall maintain all records of surety bail bonds executed or countersigned by such agent for at least three years after the liability of the surety has been terminated. Such records shall be open at all times to examination, inspection and photographic reproduction by any employee or agent of the Insurance Department, an authorized representative of the insurer or a managing general agent. The commissioner may require a surety bail bond agent, at any time, to furnish to the Insurance Department, in such manner or form as the commissioner may require, any information concerning the surety bail bond business of such agent.

Sec. 7. (NEW) (Effective October 1, 2009) (a) All build-up funds posted by a surety bail bond agent or a managing general agent, either with an insurer or a managing general agent representing an insurer, shall be maintained in an individual build-up trust account for the surety bail bond agent by the insurer or the managing general agent. The insurer or managing general agent shall establish the account in a federally insured bank or savings and loan association in this state jointly in the name of the surety bail bond agent and the insurer or managing general agent, or in trust for the surety bail bond agent by the insurer or managing general agent. The account shall be open to inspection and examination by the Insurance Department at all times. The insurer or managing general agent shall maintain an accounting of all build-up funds and such accounting shall designate the amounts collected on each bond written.

(b) Build-up funds shall not exceed forty per cent of the premium as established by the surety bail bond agent's contract agreement with the insurer or managing general agent. Build-up funds received shall be immediately deposited in the build-up trust account. Interest earned on build-up trust accounts shall accrue to the surety bail bond agent.

(c) Build-up funds are due upon termination of the surety bail bond agent's contract and discharge of liabilities on the bonds for which the build-up funds were posted. The insurer or managing general agent shall pay the funds to the surety bail bond agent not later than six months after the funds are due.

Sec. 8. (NEW) (Effective October 1, 2009) (a) A surety bail bond agent that accepts collateral security or other indemnity shall comply with all of the following requirements:

(1) The collateral security or other indemnity shall be reasonable in relation to the amount of the bond;

(2) The collateral security or other indemnity shall not be used by the surety bail bond agent for personal benefit or gain and shall be returned in the same condition as received;

(3) Acceptable forms of collateral security or indemnity include, but are not limited to, cash or its equivalent, a promissory note, an indemnity agreement, a real property mortgage in the name of the surety or any Uniform Commercial Code filing. If the surety bail bond agent accepts on a bond collateral security in excess of fifty thousand dollars in cash, the cash amount shall be made payable to the surety in the form of a cashier's check, United States postal money order, certificate of deposit or wire transfer;

(4) The surety bail bond agent shall provide to the person giving the collateral security or other indemnity a written, numbered receipt that describes in a detailed manner the collateral security or other indemnity received, along with copies of any documents rendered; and

(5) The collateral security or other indemnity shall be received and held in the surety's name by the surety bail bond agent in a fiduciary capacity and, prior to any forfeiture of bail, shall be kept separate and apart from any other funds or assets of the surety bail bond agent. When collateral security in excess of fifty thousand dollars in cash or its equivalent is received on a bond, the surety bail bond agent promptly shall forward the entire amount to the surety or managing general agent.

(b) Collateral security may be placed in an interest-bearing account in a federally insured bank or savings and loan association in this state, to accrue to the benefit of the person giving the collateral security. The surety bail bond agent, surety or managing general agent shall not receive any pecuniary gain on the collateral security deposited.

(c) (1) The surety is liable for all collateral security or other indemnity accepted by a surety bail bond agent. If, upon final termination of liability on a bond, the surety bail bond agent or managing general agent fails to return the collateral security to the person that gave it, the surety shall return the actual collateral to that person or, in the event that the surety cannot locate the collateral, shall pay the person in accordance with this section.

(2) A surety's liability as described in subdivision (1) of this subsection shall survive the termination of the surety bail bond agent's appointment, with respect to those bonds that were executed by the surety bail bond agent prior to the termination of the appointment.

(d) (1) If a forfeiture occurs, the surety bail bond agent or surety shall give the principal and the person that gave the collateral security ten days' written notice of intent to convert the collateral deposit into cash to satisfy the forfeiture. The notice shall be sent by certified mail, return receipt requested, to the last-known address of the principal and the person that gave the collateral.

(2) If a stay of execution upon such forfeiture is ordered pursuant to section 54-65a of the general statutes, the surety bail bond agent or surety shall send such written notice by certified mail, return receipt requested, to the last-known address of the principal and the person that gave the collateral, at least ten days prior to the expiration of such stay.

(3) The surety bail bond agent or surety shall convert the collateral deposit into cash within a reasonable period of time and return that which is in excess of the face value of the bond minus the actual and reasonable expenses of converting the collateral into cash. Such expenses shall not exceed ten per cent of the face value of the bond. If a surety bail bond agent expends more than ten per cent of the face value of the bond to convert the collateral into cash, such agent may file an application with the court, which may allow recovery of the full amount of the actual and reasonable expenses upon motion and proof that the actual and reasonable expenses exceed ten per cent of the face value of the bond. If there is a remission of forfeiture that required the surety to pay the bond, the surety shall pay to the person that gave the collateral the value of any collateral received for the bond minus the actual and reasonable expenses permitted to be recovered under this subsection.

(e) A surety bail bond agent or surety shall not solicit or accept a waiver of any of the provisions of this section or enter into any agreement as to the value of the collateral.

(f) Prior to the appointment of a surety bail bond agent who is currently or was previously appointed by another insurer, the surety bail bond agent shall file with the commissioner a sworn and notarized affidavit, on a form prescribed by the commissioner, stating that: (A) There has been no loss, misappropriation, conversion or theft of any collateral being held by the agent in trust for any insurer by which the agent is currently or was previously appointed; and (B) all collateral being held in trust by the agent and all records for any insurer by which the agent is currently or was previously appointed are available for immediate audit and inspection by the commissioner, the insurer, or the managing general agent and will, upon demand of the commissioner or insurer, be transmitted to the insurer for whom the collateral is being held in trust.

Sec. 9. (NEW) (Effective October 1, 2009) (a) If collateral security or other indemnity was accepted on a bond by a surety bail bond agent, the surety bail bond agent, managing general agent or surety shall return the collateral security or other indemnity, except a promissory note or an indemnity agreement, not later than twenty-one days after receipt of a written report from the court that a bond has been terminated. Such collateral security or other indemnity shall be returned to the person that gave the collateral security or other indemnity unless another disposition is provided for by legal assignment of the right to receive the collateral to another person. If, despite diligent inquiry by the surety or the surety's agent to determine that the bond has been terminated, the court fails to provide any written report on termination, the collateral security or other indemnity, except a promissory note or an indemnity agreement, shall be returned to the person that gave the collateral security or other indemnity not later than twenty-one days after the surety, surety bail bond agent or managing general agent has become aware that the bond has been terminated.

(b) No fee or other charge, other than that which is authorized by law, shall be deducted from the collateral due. Allowable expenses incurred in the apprehension of a defendant because of a forfeiture of bond or judgment may be deducted if such expenses are accounted for.

(c) A violation of this section is:

(1) A class A misdemeanor if the collateral is of a value of less than five hundred dollars;

(2) A class D felony if the collateral is of a value of at least five hundred dollars but less than five thousand dollars;

(3) A class C felony if the collateral is of a value of at least five thousand dollars but less than ten thousand dollars; and

(4) A class B felony if the collateral is of a value of ten thousand dollars or more.

Sec. 10. (NEW) (Effective October 1, 2009) (a) No insurer, managing general agent or surety bail bond agent shall furnish to any person any blank form, application, stationery, business card or other supplies to be used in the solicitation, negotiation or effectuation of bail bonds unless such person is licensed to act as a surety bail bond agent and is appointed by an insurer as set forth in section 38a-660 of the general statutes, as amended by this act. This section shall not prohibit an unlicensed employee who is under the direct supervision and control of a licensed and appointed surety bail bond agent from possessing or executing in the surety bond office any form, other than a power of attorney, bond form or collateral receipt, while acting within the scope of such employee's employment.

(b) Any insurer that furnishes any of the supplies set forth in subsection (a) of this section to any surety bail bond agent or other person not appointed by such insurer, and that accepts any bail bond business from or writes any bail bond business for that surety bail bond agent or other person, is liable on the bond to the same extent and in the same manner as if the surety bail bond agent or other person had been appointed or authorized by an insurer to act on its behalf.

Sec. 11. (NEW) (Effective October 1, 2009) No surety bail bond agent or insurer shall:

(1) In exchange for a fee or other consideration, suggest or advise the employment of or name for employment any particular attorney to represent its principal;

(2) Directly or indirectly solicit business in or on the property or grounds of a jail, prison or other place where prisoners are confined. For purposes of this subdivision, "solicit" includes the distribution of business cards, print advertising or any other written information directed to prisoners or potential indemnitors, unless a request is initiated by the prisoner or potential indemnitor. Permissible print advertising in or on the property or grounds of a jail, prison or other place where prisoners are confined, or in or on the property or grounds of any court shall be limited to a listing in a telephone directory and the posting of the surety bail bond agent's name, address and telephone number in a prominent designated location in or on such property or grounds;

(3) Wear or otherwise display any identification, other than an Insurance Department-issued or approved license or identification approved by the commissioner, in or on the property or grounds of a jail, prison or other place where prisoners are confined, or in or on the property or grounds of any court;

(4) Pay a fee or rebate or give or promise anything of value to a jailer, law enforcement officer, committing magistrate or other person who has power to arrest or to hold in custody, or to any public official or public employee, to secure a settlement, compromise, remission or reduction of the amount of any bail bond or estreatment of bail;

(5) Pay a fee or rebate or give or promise anything of value to an attorney in a bail bond matter, except in defense of any action on a bond;

(6) Pay a fee or rebate or give or promise anything of value to the principal or to anyone on the principal's behalf;

(7) Participate in the capacity of an attorney at a trial or hearing of a principal;

(8) Accept anything of value from a principal for providing a bail bond, other than the premium filed with and approved by the commissioner and an expense fee, except that the surety bail bond agent may, in accordance with section 9 of this act, accept collateral security or other indemnity from a principal or other person together with documentary stamp taxes, if applicable. No fees, expenses or charges of any kind shall be deducted from the collateral held or from any return premium due, except as authorized by law. A surety bail bond agent may, upon written agreement with a third party, receive a fee or other compensation for returning to custody an individual who has fled the jurisdiction of the court or caused the forfeiture of a bond;

(9) Execute a bond in this state on such agent's or insurer's own behalf; or

(10) Execute a bond in this state if a bond executed by the surety bail bond agent is forfeited and such forfeiture has remained unpaid for at least sixty days after the date payment has become due, unless the full amount of the forfeited bond is paid to the Office of the Chief State's Attorney.

Sec. 12. (NEW) (Effective October 1, 2009) (a) Each insurer and each surety bail bond agent that writes bail bonds in this state shall maintain and transmit the following information, based on such insurer's or such agent's Connecticut bail bond business, to the Insurance Department upon request and shall report the information separately for each company represented. Subdivisions (1), (12) and (13) of this subsection shall apply only to insurers:

(1) Commissions paid;

(2) The number of, and the total dollar amount of, bonds executed;

(3) The number of, and the total dollar amount of, bonds declared forfeited;

(4) The number of, and the total dollar amount of, forfeitures discharged, remitted or otherwise recovered prior to payment for any reason;

(5) The number of, and the total dollar amount of, forfeitures discharged, remitted or otherwise recovered prior to payment due to the apprehension of the defendant by the bail bond agent;

(6) The number of, and the total dollar amount of, forfeited bonds that have not been reinstated pursuant to section 54-65a of the general statutes;

(7) The number of, and the total dollar amount of, forfeitures paid and subsequently recovered by the Office of the Chief State's Attorney by discharge, remission or otherwise;

(8) A list of every outstanding or unpaid forfeiture, estreature and judgment, with the case number and the name of the court in which such forfeiture, estreature or judgment is recorded and the name of each agency or firm that employs the bail bond agent;

(9) The number of, and the total dollar amount of, bonds for which collateral was accepted;

(10) The actual realized value of collateral converted, excluding the cost of converting the collateral;

(11) The cost of converting collateral;

(12) The underwriting gain or loss;

(13) The net investment gain or loss allocated to the flow of funds associated with Connecticut business; and

(14) Such additional information as the Insurance Department may require to: (A) Evaluate the reasonableness of rates or ensure that such rates are not excessive, inadequate or unfairly discriminatory; (B) evaluate the financial condition or trade practices of surety bail bond agents and sureties executing bail bonds; and (C) evaluate the performance of the commercial bail bond industry in accordance with appropriate criminal justice system goals and standards.

(b) Each bail bond agent shall submit a copy of such information to each insurer such agent represents.

(c) The commissioner shall meet at least annually with a group of surety bail bond agents and insurers, and any other representatives the commissioner deems necessary, to discuss the reporting requirements set forth in subsection (a) of this section.

Sec. 13. (NEW) (Effective October 1, 2009) (a) The commissioner may suspend or revoke the license of a surety bail bond agent, or may impose a fine in lieu of or in addition to such suspension or revocation in accordance with section 38a-774 of the general statutes for any violation of section 38a-660 of the general statutes, as amended by this act, and sections 3 to 12, inclusive, of this act.

(b) Upon the surrender, suspension or revocation of a surety bail bond agent's license, the appointing insurer or managing general agent shall immediately designate a licensed and appointed surety bail bond agent to administer all bail bonds previously written by the licensee.

(c) Any individual aggrieved by the action of the commissioner under subsection (a) of this section may appeal therefrom, in accordance with section 38a-774 of the general statutes.

Sec. 14. (NEW) (Effective October 1, 2009) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of section 38a-660 of the general statutes, as amended by this act, and sections 3 to 12, inclusive, of this act.

Sec. 15. Section 29-152n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

Any person who violates any provision of sections 29-152e to 29-152m, inclusive, [and 38a-660a] shall be guilty of a class D felony.