Bill Text: CT HB07261 | 2017 | General Assembly | Comm Sub

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Bill Title: An Act Making Minor Revisions To Statutes In The Penal Code.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-04-25 - File Number 703 [HB07261 Detail]

Download: Connecticut-2017-HB07261-Comm_Sub.html

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General Assembly		Substitute Bill No. 7261
January Session, 2017		*_____HB07261JUD___040717____*

AN ACT MAKING MINOR REVISIONS TO STATUTES IN THE PENAL CODE.

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

Section 1. Subsection (a) of section 53a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Except as provided in section 17a-699 and chapter 420b, to the extent that the provisions of said section and chapter are inconsistent [herewith] with the provisions of this title, every person convicted of an offense shall be sentenced in accordance with this title.

Sec. 2. Section 53a-118 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) The following definitions are applicable to this part: (1) "Property" means any money, personal property, real property, thing in action, evidence of debt or contract, or article of value of any kind. Commodities of a public utility nature such as gas, electricity, steam and water constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits or other equipment shall be deemed a rendition of a service rather than a sale or delivery of property. (2) "Obtain" includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest [therein] in such property, whether to the obtainer or another. (3) To "deprive" another of property means (A) to withhold it or cause it to be withheld from [him] another person permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to [him] such other person, or (B) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property. (4) To "appropriate" property of another to oneself or a third person means (A) to exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit, or (B) to dispose of the property for the benefit of oneself or a third person. (5) An "owner" means any person who has a right to possession superior to that of a taker, obtainer or withholder. (6) To "receive" means to acquire possession, control or title, or to lend on the security of the property. (7) "Service" includes, but is not limited to, labor, professional service, public utility and transportation service, the supplying of hotel accommodations, restaurant services, entertainment, and the supplying of equipment for use, but does not include school accommodations provided by a school district to (A) a child or an emancipated minor, or (B) a pupil eighteen years of age or older who was a homeless person, as defined in subdivision (3) of section 8-355, at the time of the offense. (8) "Check" means any check, draft or similar sight order for the payment of money which is not postdated with respect to the time of issuance. (9) "Drawer" of a check means a person whose name appears thereon as the primary obligor, whether the actual signature be that of himself or herself or of a person purportedly authorized to draw the check in his or her behalf. (10) "Representative drawer" means a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor. (11) A person "issues" a check when, as a drawer or representative drawer [thereof, he] of such check, such person delivers [it] the check or causes [it] the check to be delivered to a person who thereby acquires a right against the drawer with respect to such check. One who draws a check with intent that it be so delivered is deemed to have issued it if the delivery occurs. (12) A person "passes" a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and issued by another, [he] such person delivers it, for a purpose other than collection, to a third person who thereby acquires a right with respect thereto. (13) "Funds" means money or credit. (14) A drawer has "insufficient funds" with a drawee to cover a check when [he] such drawer has no funds or account whatever, or funds in an amount less than that of the check; and a check dishonored for "no account" shall also be deemed to have been dishonored for "insufficient funds". (15) "Credit" means an arrangement or understanding with a bank or depository for the payment of a check, draft or order in full on presentation.

(b) A person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of a person who takes, obtains or withholds it from him or her by larcenous means.

(c) A joint or common owner of property shall not be deemed to have a right of possession [thereto] of such property superior to that of any other joint or common owner [thereof] of such property.

(d) In the absence of a specific agreement to the contrary, a person in lawful possession of property shall be deemed to have a right of possession superior to that of a person having only a security interest [therein] in such property, even if legal title lies with the holder of the security interest pursuant to a conditional sale contract or other security agreement.

Sec. 3. Subsection (a) of section 53a-119a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Any owner, authorized agent or authorized employee of a retail mercantile establishment, who observes any person concealing or attempting to conceal goods displayed for sale [therein] on the premises of such establishment, or the ownership of such goods, or transporting such goods from such premises without payment [therefor] for such goods, may question such person as to [his] such person's name and address and, if such owner, agent or employee has reasonable grounds to believe that the person so questioned was then attempting to commit or was committing larceny of such goods on the premises of such establishment, may detain such person for a time sufficient to summon a police officer to the premises. Any person so questioned by such owner, authorized agent or authorized employee pursuant to the provisions of this section shall promptly identify himself or herself by name and address. No other information shall be required of such person until a police officer has taken [him] such person into custody. For the purposes of this subsection, "reasonable grounds" shall include knowledge that a person has concealed unpurchased merchandise of such establishment while on the premises or has altered or removed identifying labels on such merchandise while on the premises or is leaving such premises with such unpurchased or concealed or altered merchandise in his possession.

Sec. 4. Subsections (a) and (b) of section 53a-174 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Any person not authorized by law who conveys or passes, or causes to be conveyed or passed, into any correctional or humane institution [or the grounds or buildings thereof] or building of such an institution or onto the grounds of such an institution, or to any inmate of such an institution who is outside the premises [thereof] of such an institution and known to the person so conveying or passing or causing such conveying or passing to be such an inmate, any controlled drug, as defined in section 21a-240, any intoxicating liquors, any firearm, weapon, dangerous instrument or explosive of any kind, any United States currency, or any rope, ladder or other instrument or device for use in making, attempting or aiding an escape, shall be guilty of a class D felony. The unauthorized conveying, passing or possession of any rope or ladder or other instrument or device, adapted for use in making or aiding an escape, into any such institution [or the grounds or buildings thereof] or building of such an institution or onto the grounds of such an institution, shall be presumptive evidence that it was so conveyed, passed or possessed for such use.

(b) Any person not authorized by law who conveys into any such institution any letter or other missive which is intended for any person confined [therein] in such an institution, or who conveys from within the enclosure to the outside of such institution any letter or other missive written or given by any person confined therein, shall be guilty of a class A misdemeanor.

Sec. 5. Subdivision (10) of section 53a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(10) "Firefighter" means any agent of a municipality whose duty it is to protect life and property [therein] in such municipality as a member of a duly constituted fire department whether professional or volunteer;

Sec. 6. Subsection (a) of section 53a-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) At any time during the period of probation or conditional discharge, the court or any judge [thereof] of such court may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation or conditional discharge, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the defendant. Any such warrant shall authorize all officers named [therein] in such warrant to return the defendant to the custody of the court or to any suitable detention facility designated by the court. Whenever a probation officer has probable cause to believe that a person has violated a condition of such person's probation, such probation officer may notify any police officer that such person has, in such officer's judgment, violated the conditions of such person's probation and such notice shall be sufficient warrant for the police officer to arrest such person and return such person to the custody of the court or to any suitable detention facility designated by the court. Whenever a probation officer so notifies a police officer, the probation officer shall notify the victim of the offense for which such person is on probation, and any victim advocate assigned to assist the victim, provided the probation officer has been provided with the name and contact information for such victim or victim advocate. Any probation officer may arrest any defendant on probation without a warrant or may deputize any other officer with power to arrest to do so by giving such other officer a written statement setting forth that the defendant has, in the judgment of the probation officer, violated the conditions of the defendant's probation. Such written statement, delivered with the defendant by the arresting officer to the official in charge of any correctional center or other place of detention, shall be sufficient warrant for the detention of the defendant. After making such an arrest, such probation officer shall present to the detaining authorities a similar statement of the circumstances of violation. Provisions regarding release on bail of persons charged with a crime shall be applicable to any defendant arrested under the provisions of this section. Upon such arrest and detention, the probation officer shall immediately so notify the court or any judge [thereof] of such court.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2017	53a-28(a)
Sec. 2	October 1, 2017	53a-118
Sec. 3	October 1, 2017	53a-119a(a)
Sec. 4	October 1, 2017	53a-174(a) and (b)
Sec. 5	October 1, 2017	53a-3(10)
Sec. 6	October 1, 2017	53a-32(a)

Statement of Legislative Commissioners:

The title was changed.

JUD

Joint Favorable Subst. -LCO