Substitute Senate Bill No. 149

Public Act No. 99-122

An Act Concerning Crimes Against Persons with Mental Retardation.

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

Section 1. Section 53a-59a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the first degree, when [he] such person commits assault in the first degree under section 53a-59(a)(2), 53a-59(a)(3) or 53a-59(a)(5) and (1) the victim of such assault has attained at least sixty years of age or is blind or physically disabled, as defined in section 1-1f, or (2) the victim of such assault is a person with mental retardation, as defined in section 1-1g, as amended by this act, and the actor is not a person with mental retardation.

(b) No person shall be found guilty of assault in the first degree and assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the first degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.

(c) In any prosecution for an offense under this section based on the victim being a person with mental retardation, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with mental retardation.

[(c)] (d) Assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the first degree is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.

Sec. 2. Section 53a-60b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the second degree when [he] such person commits assault in the second degree under section 53a-60 or larceny in the second degree under section 53a-123(a)(3) and (1) the victim of such assault or larceny has attained at least sixty years of age or is blind or physically disabled, as defined in section 1-1f, or (2) the victim of such assault is a person with mental retardation, as defined in section 1-1g, as amended by this act, and the actor is not a person with mental retardation.

(b) No person shall be found guilty of assault in the second degree or larceny in the second degree under section 53a-123(a)(3) and assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the second degree upon the same incident of assault or larceny, as the case may be, but such person may be charged and prosecuted for all such offenses upon the same information.

(c) In any prosecution for an offense under this section based on the victim being a person with mental retardation, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with mental retardation.

[(c)] (d) Assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the second degree is a class D felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court.

Sec. 3. Section 53a-60c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the second degree with a firearm when [he] such person commits assault in the second degree with a firearm under section 53a-60a and (1) the victim of such assault has attained at least sixty years of age or is blind or physically disabled, as defined in section 1-1f, or (2) the victim of such assault is a person with mental retardation, as defined in section 1-1g, as amended by this act, and the actor is not a person with mental retardation.

(b) No person shall be found guilty of assault in the second degree or assault in the second degree with a firearm and assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the second degree with a firearm upon the same incident of assault but such person may be charged and prosecuted for all of such offenses upon the same information.

(c) In any prosecution for an offense under this section based on the victim being a person with mental retardation, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with mental retardation.

[(c)] (d) Assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the second degree with a firearm is a class D felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which three years of the sentence imposed may not be suspended or reduced by the court.

Sec. 4. Section 53a-61a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the third degree when [he] such person commits assault in the third degree under section 53a-61 and (1) the victim of such assault has attained at least sixty years of age or is blind or physically disabled, as defined in section 1-1f, or (2) the victim of such assault is a person with mental retardation, as defined in section 1-1g, as amended by this act, and the actor is not a person with mental retardation.

(b) No person shall be found guilty of assault in the third degree and assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the third degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.

(c) In any prosecution for an offense under this section based on the victim being a person with mental retardation, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with mental retardation.

[(c)] (d) Assault of [a victim sixty or older] an elderly, blind, disabled or mentally retarded person in the third degree is a class A misdemeanor and any person found guilty under this section shall be sentenced to a term of imprisonment of one year which shall not be suspended or reduced.

Sec. 5. Section 1-1g of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For the purposes of sections 4a-60, 17a-274, 17a-281, 38a-816, 45a-668 to 45a-684, inclusive, and [section] sections 46a-51, 53a-59a, as amended by this act, 53a-60b, as amended by this act, 53a-60c, as amended by this act, and 53a-61a, as amended by this act, mental retardation means a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

(b) As used in subsection (a), "general intellectual functioning" means the results obtained by assessment with one or more of the individually administered general intelligence tests developed for that purpose and standardized on a significantly adequate population and administered by a person or persons formally trained in test administration; "significantly subaverage" means an intelligence quotient more than two standard deviations below the mean for the test; "adaptive behavior" means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected for the individual's age and cultural group; and "developmental period" means the period of time between birth and the eighteenth birthday.

Approved June 3, 1999

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