Connecticut Seal

General Assembly

 

Raised Bill No. 246

February Session, 2016

 

LCO No. 2015

 

*02015_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE ZERO-TOLERANCE SAFE SCHOOL ENVIRONMENT ACT.

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

Section 1. Section 53a-61aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of threatening in the first degree when such person (1) (A) threatens to commit 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 (B) threatens to commit such crime in reckless disregard of the risk of causing such terror, evacuation or inconvenience; (2) (A) threatens to commit any crime of violence with the intent to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or (B) threatens to commit such crime in reckless disregard of the risk of causing such evacuation or inconvenience; [or] (3) commits threatening in the second degree as provided in section 53a-62, as amended by this act, and in the commission of such offense [he] such person uses or is armed with and threatens the use of or displays or represents by [his] such person's words or conduct that [he] such person possesses a pistol, revolver, shotgun, rifle, machine gun or other firearm; or (4) violates subdivision (1) or (2) of this subsection with the intent to cause an evacuation of a building or the grounds of a public or nonpublic preschool, school or institution of higher education during preschool, school or instructional hours or when a building or the grounds of such preschool, school or institution are being used for preschool, school or institution-sponsored activities. No person shall be found guilty of threatening in the first degree under subdivision (3) of this subsection and threatening in the second degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(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, except that a violation of subdivision (4) of subsection (a) of this section is a class C felony.

Sec. 2. Section 53a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of threatening in the second degree when: (1) By physical threat, such person intentionally places or attempts to place another person in fear of imminent serious physical injury, (2) (A) such person threatens to commit any crime of violence with the intent to terrorize another person, or [(3)] (B) such person threatens to commit such crime of violence in reckless disregard of the risk of causing such terror, or (3) violates subdivision (1) or (2) of this subsection and the person threatened is in a building or on the grounds of a public or nonpublic preschool, school or institution of higher education during preschool, school or instructional hours or when a building or the grounds of such preschool, school or institution are being used for preschool, school or institution-sponsored activities.

(b) Threatening in the second degree is a class A misdemeanor, except that a violation of subdivision (3) of subsection (a) of this section is a class D felony.

Sec. 3. (NEW) (Effective October 1, 2016) The Board of Pardons and Paroles shall grant an absolute pardon to any person who applies for such pardon with respect to a conviction of a violation of subdivision (4) of subsection (a) of section 53a-61aa of the general statutes, as amended by this act, or subdivision (3) of subsection (a) of section 53a-62 of the general statutes, as amended by this act, if (1) such person committed such offense prior to attaining the age of eighteen years, (2) at least three years have elapsed from the date of such conviction or such person's discharge from the supervision of the court or the care of any institution or agency to which such person has been committed by the court, whichever is later, (3) such person has no subsequent juvenile proceeding or adult criminal proceeding that is pending, (4) such person has attained the age of eighteen years, and (5) such person has not been convicted as an adult of a felony or misdemeanor during the three-year period specified in subdivision (2) of this section.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

53a-61aa

Sec. 2

October 1, 2016

53a-62

Sec. 3

October 1, 2016

New section

Statement of Purpose:

To increase the penalties when a threat involves a preschool, school or an institution of higher education and to provide for an automatic pardon for certain persons who make such a threat prior to attaining the age of eighteen years.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]