Connecticut Seal

General Assembly

Amendment

 

February Session, 2008

LCO No. 3954

   
 

*SB0067103954SRO*

Offered by:

 

SEN. MCKINNEY, 28th Dist.

REP. CAFERO, 142nd Dist.

 

To: Subst. Senate Bill No. 671

File No. 436

Cal. No. 265

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

"Sec. 501. Subsection (h) of section 53a-40 of the general statutes, as amended by section 7 of public act 08-1 of the January special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(h) When any person has been found to be a persistent dangerous felony offender, the court, in lieu of imposing the sentence of imprisonment authorized by section 53a-35 for the crime of which such person presently stands convicted, or authorized by section 53a-35a if the crime of which such person presently stands convicted was committed on or after July 1, 1981, shall sentence such person to a term of imprisonment of not more than forty years and, if such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in [subparagraph (B) of subdivision (1) of] subsection (a) of this section, sentence such person to [a term of imprisonment of not more than] life imprisonment without the possibility of release.

Sec. 502. Section 53a-40 of the general statutes, as amended by sections 6 and 7 of public act 08-1 of the January special session, is amended by adding subsection (n) as follows (Effective July 1, 2008):

(NEW) (n) Whenever a person is eligible to be charged as a persistent dangerous felony offender under subsection (a) of this section and has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in said subsection, the prosecuting authority shall charge such person as a persistent dangerous felony offender unless the prosecuting authority states in open court the reason for not charging such person as a persistent dangerous felony offender.

Sec. 503. Section 53a-35b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

A sentence of imprisonment for life shall mean a definite sentence of sixty years, unless the sentence is life imprisonment without the possibility of release, imposed pursuant to subsection (h) of section 53a-40, as amended by this act, or subsection (g) of section 53a-46a, in which case the sentence shall be imprisonment for the remainder of the defendant's natural life. "