Connecticut Seal

General Assembly

 

Committee Bill No. 5742

January Session, 2017

 

LCO No. 4211

 

*04211HB05742JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THREATENING OF A JUDGE.

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 Section 53a-61aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(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; (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 such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that 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; or (5) violates subdivision (1) or (3) of this subsection and the person being threatened is a family support magistrate, a family support referee, judge trial referee or a judge of any court, either elected or appointed, and the threat is related to the magistrate's, referee's or judge's official duties. 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) or subdivision (5) 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, 2017):

(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 (B) such person threatens to commit such crime of violence in reckless disregard of the risk of causing such terror, [or] (3) such person 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, or (4) such person violates subdivision (1) or (2) of this subsection and the person being threatened is a family support magistrate, a family support referee, a judge trial referee or a judge of any court, either elected or appointed, and the threat is related to the magistrate's, referee's or judge's official duties.

(b) Threatening in the second degree is a class A misdemeanor, except that a violation of subdivision (3) or (4) of subsection (a) of this section is a class D felony.

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

Section 1

October 1, 2017

53a-61aa

Sec. 2

October 1, 2017

53a-62

Statement of Purpose:

To increase the penalties for first and second degree threatening in cases where the person making the threat knows that a person being threatened is a judge.

[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.]

Co-Sponsors:

REP. TONG, 147th Dist.; REP. ELLIOTT, 88th Dist.

H.B. 5742