Connecticut Seal

General Assembly

Amendment

 

January Special Session, 2008

LCO No. 10085

   
 

*SB0170010085SRO*

Offered by:

 

SEN. MCKINNEY, 28th Dist.

REP. CAFERO, 142nd Dist.

 

To: Senate Bill No. 1700

File No.

Cal. No.

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective from passage) (a) Notwithstanding any other provision of the general statutes, whenever a person (1) stands convicted of murder, manslaughter, arson, kidnapping, robbery in the first or second degree, robbery involving an occupied motor vehicle, assault constituting a felony, sexual assault in the first degree, aggravated sexual assault in the first degree, sexual assault in the third degree, sexual assault in the third degree with a firearm, home invasion, burglary in the first or second degree or stalking in the first degree, and (2) has been, prior to the commission of the present crime, two or more times convicted in this state or in any other state or in a federal system for (A) any of the crimes enumerated in subdivision (1) of this subsection or any predecessor statutes in this state, or an attempt to commit any of said crimes, or (B) 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, the court shall sentence such person to a term of life imprisonment without the possibility of release, provided such sentence may be reviewed, upon application of the person to the superior court for the judicial district in which such conviction was rendered, after such person has served at least thirty years of the sentence.

(b) Upon receipt of such application for the purpose of a sentence review, the court shall review the complete criminal record of the applicant including, but not limited to, sentencing transcripts, victim statements and correctional records and conduct a hearing regarding the application. At such hearing, the court shall permit any victim of the applicant and any prosecuting attorney to appear before the court for the purpose of making a statement for the record concerning whether or not to modify the sentence of the applicant. In lieu of such appearance, the victim or prosecuting attorney may submit a written statement to the court and the court shall make such statement a part of the record at the hearing.

(c) After such review and hearing pursuant to subsection (b) of this section, the court may (1) reduce the sentence as the court deems appropriate, (2) modify the sentence to a period of special parole or probation, or (3) leave the sentence unaltered. The decision of the court in each case is final and the reasons for such decision shall be stated therein. If the court does not reduce or modify the sentence, the applicant may apply for another sentence review not less than five years after the court has rendered its decision.

(d) It shall be an affirmative defense to a charge 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. "