Substitute House Bill No. 7093

Public Act No. 99-186

An Act Concerning Domestic Violence and Assault of a Pregnant Person.

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

Section 1. (NEW) If any person is convicted of a violation of section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-110b, 53a-110c, 53a-181c, 53a-181d or 53a-181e of the general statutes against a family or household member, as defined in section 46b-38a of the general statutes, or a person in a dating relationship, the court shall include a designation that such conviction involved domestic violence on the court record for the purposes of criminal history record information, as defined in subsection (a) of section 54-142g of the general statutes, as amended by this act.

Sec. 2. Section 46b-38a of the general statutes is repealed and the following is substituted in lieu thereof:

For the purposes of sections 46b-38a to 46b-38f, inclusive:

(1) "Family violence" means an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault between family or household members. Verbal abuse or argument shall not constitute family violence unless there is present danger and the likelihood that physical violence will occur.

(2) "Family or household member" means (A) spouses, former spouses; (B) parents and their children; (C) persons eighteen years of age or older related by blood or marriage; (D) persons sixteen years of age or older other than those persons in subparagraph (C) presently residing together or who have resided together; [and] (E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and (F) persons in, or have recently been in, a dating relationship.

(3) "Family violence crime" means a crime as defined in section 53a-24 which, in addition to its other elements, contains as an element thereof an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse.

(4) "Institutions and services" means peace officers, service providers, mandated reporters of abuse, agencies and departments that provide services to victims and families and services designed to assist victims and families.

Sec. 3. Subsection (a) of section 46b-38b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Whenever a peace officer determines upon speedy information that a family violence crime, as defined in subdivision (3) of section 46b-38a, as amended by this act, except a family violence crime involving a dating relationship, has been committed within [his] such officer's jurisdiction, [he] such officer shall arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not (1) be dependent on the specific consent of the victim, (2) consider the relationship of the parties or (3) be based solely on a request by the victim. Whenever a peace officer makes an arrest under this subsection, such officer may seize any firearm at the location where the crime is alleged to have been committed that is in the possession of any such person or that is in plain view. Not later than forty-eight hours after any such seizure, the law enforcement agency shall return such firearm in its original condition to the rightful owner thereof unless such person is ineligible to possess such firearm or unless otherwise ordered by the court.

Sec. 4. Section 46b-15 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any family or household member as defined in section 46b-38a who has been subjected to a continuous threat of present physical pain or physical injury by another family or household member or person in, or has recently been in, a dating relationship who has been subjected to a continuous threat of present physical pain or physical injury by the other person in such relationship may make an application to the Superior Court for relief under this section.

(b) The application shall be accompanied by an affidavit made under oath which includes a brief statement of the conditions from which relief is sought. Upon receipt of the application the court shall order that a hearing on the application be held not later than fourteen days from the date of the order. The court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant and such dependent children or other persons as the court sees fit. Such order may include temporary child custody or visitation rights and such relief may include but is not limited to an order enjoining the respondent from (1) imposing any restraint upon the person or liberty of the applicant; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant or (3) entering the family dwelling or the dwelling of the applicant. If an applicant alleges an immediate and present physical danger to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. If a postponement of a hearing on the application is requested by either party and granted, the order shall not be continued except upon agreement of the parties or by order of the court for good cause shown.

(c) Every order of the court made in accordance with this section shall contain the following language: "This order may be extended by the court beyond six months. In accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars or both."

(d) No order of the court shall exceed six months, except that an order may be extended by the court upon motion of the applicant for such additional time as the court deems necessary. If the respondent has not appeared upon the initial application, service of a motion to extend an order may be made by first-class mail directed to the respondent at his or her last known address.

(e) The applicant shall cause notice of the hearing pursuant to subsection (b) and a copy of the application and of any ex parte order issued pursuant to subsection (b) to be served on the respondent not less than five days before the hearing. Upon the granting of an ex parte order, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall contain the following language: "This court had jurisdiction over the parties and the subject matter when it issued this protection order. Respondent was afforded both notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, 18 USC 2265, this order is valid and enforceable in all fifty states, any territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico and tribal lands." The clerk of the court shall send a certified copy of any ex parte order and order after notice and hearing to the appropriate law enforcement agency within forty-eight hours of its issuance.

(f) A caretaker who is providing shelter in his or her residence to a person sixty years or older shall not be enjoined from the full use and enjoyment of his or her home and property. The Superior Court may make any other appropriate order under the provisions of this section.

(g) When a motion for contempt is filed for violation of a restraining order, there shall be an expedited hearing. Such hearing shall be held within five court days of service of the motion on the respondent, provided service on the respondent is made not less than twenty-four hours before the hearing. If the court finds the respondent in contempt for violation of an order, the court may impose such sanctions as the court deems appropriate.

(h) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief.

Sec. 5. Subsection (b) of section 54-64a of the general statutes is repealed and the following is substituted in lieu thereof:

(b) (1) When any arrested person charged with the commission of a class A felony, a class B felony, except a violation of section 53a-86 or 53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence crime, as defined in section 46b-38a, is presented before the Superior Court, said court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably assure the appearance of the arrested person in court and that the safety of any other person will not be endangered: (A) Upon his execution of a written promise to appear without special conditions, (B) upon his execution of a written promise to appear with nonfinancial conditions, (C) upon his execution of a bond without surety in no greater amount than necessary, (D) upon his execution of a bond with surety in no greater amount than necessary. In addition to or in conjunction with any of the conditions enumerated in subparagraphs (A) to (D), inclusive, of this subdivision, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.

(2) The court may, in determining what conditions of release will reasonably assure the appearance of the arrested person in court and that the safety of any other person will not be endangered, consider the following factors: (A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearance in court after being admitted to bail, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, (G) such person's community ties, (H) the number and seriousness of charges pending against the arrested person, (I) the weight of the evidence against the arrested person, (J) the arrested person's history of violence, (K) whether the arrested person has previously been convicted of similar offenses while released on bond, and (L) the likelihood based upon the expressed intention of the arrested person that such person will commit another crime while released.

Sec. 6. Section 54-69 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Whenever in any criminal prosecution the state's attorney for any judicial district or the assistant state's attorney is of the opinion that the bond without or with surety given by any accused person is excessive or insufficient in amount or security, or that the written promise of such person to appear is inadequate, or whenever any accused person alleges that the amount or security of the bond given by [him] such accused person is excessive, such state's attorney or assistant state's attorney or the accused person may bring an application to the court in which the prosecution is pending or to any judge thereof, alleging such excess, insufficiency, or inadequacy, and, after notice as hereinafter provided and hearing, such judge shall in bailable offenses continue, modify or set conditions of release upon the first of the following conditions of release found sufficient to provide reasonable assurance of the appearance of the accused in court: (1) Upon [his] such person's execution of a written promise to appear, (2) upon [his] such person's execution of a bond without surety in no greater amount than necessary, (3) upon [his] such person's execution of a bond with surety in no greater amount than necessary.

(b) No hearing upon any such application shall be had until a copy of such application, together with a notice of the time and place of hearing thereon, has been served upon the surety or sureties upon such bond, if any, and upon the appropriate bail commissioner and, in the case of an application by an accused person, upon any such state's attorney, or, in the case of the application by any such state's attorney, upon the accused person.

(c) Notwithstanding the provisions of subsection (b) of this section, a hearing may be had on an application by any such state's attorney without a copy of such application and notice of the hearing being served upon the surety or sureties upon such bond, if any, the appropriate bail commissioner and the accused person if the accused person is charged with the commission of a family violence crime, as defined in section 46b-38a of the general statutes, or a violation of section 53a-110b, 53a-181c, 53a-181d or 53a-181e of the general statutes, and is being presented at the next sitting of the Superior Court as required by section 54-1g.

Sec. 7. (NEW) (a) A protective order issued by a court of another state may be registered in this state, by sending to the Superior Court in this state: (1) A letter or other document requesting registration; (2) two copies, including one certified copy, of the protective order sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the petitioner, the order has not been modified; and (3) the name and address of the person seeking registration except where such disclosure would jeopardize the safety of such person.

(b) On receipt of the documents required in subsection (a), the registering court shall cause the protective order to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form.

(c) Within five days of the receipt by the registering court of the documents required by subsection (a) of this section, the petitioner shall notify any person named in the protective order of the registration of the documents by certified mail, return receipt requested, at the last-known address or by personal service, and provide any such person with an opportunity to contest the registration in accordance with this section. The notice required by this subsection shall state that (1) a registered protective order is enforceable as of the date of the registration in the same manner as a protective order issued by a court of this state, (2) a hearing to contest the validity of the registered protective order may be requested within twenty days after service of notice, and (3) failure to contest the registration shall, upon proof of notice, result in the confirmation of the protective order and preclude further contest of such protective order with respect to any matter that could be asserted.

(d) The respondent may request a hearing within twenty days after service of the notice. At any such hearing, the court shall confirm the registered order unless the person contesting the registration establishes that (1) the issuing court did not have jurisdiction, (2) the protective order sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so, or (3) the respondent was entitled to notice of the proceeding before the court that issued the order for which registration is sought, but no such notice was given.

(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law with respect to those who have received proper notice and the petitioner shall notify all such persons of the confirmation.

(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, preclude further contest of the order with respect to any matter that could have been asserted at the time of registration.

Sec. 8. Section 54-63c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except in cases of arrest pursuant to a bench warrant of arrest in which the court or a judge thereof has indicated that bail should be denied or ordered that the officer or indifferent person making such arrest shall, without undue delay, bring such person before the clerk or assistant clerk of the superior court for the geographical area under section 54-2a, when any person is arrested for a bailable offense, the chief of police, or [his] the chief's authorized designate, of the police department having custody of the arrested person shall promptly advise such person of [his] the person's rights under section 54-1b, and of [his] the person's right to be interviewed concerning the terms and conditions of release. Unless the arrested person waives or refuses such interview, the police officer shall promptly interview the arrested person to obtain information relevant to the terms and conditions of [his] the person's release from custody, and shall seek independent verification of such information where necessary. At the request of the arrested person, [his] the person's counsel may be present during the interview. After such a waiver, refusal or interview, the police officer shall promptly order release of the arrested person upon [his] the execution of a written promise to appear or [his] the posting of such bond as may be set by the police officer, except that no condition of release set by the court or a judge thereof may be modified by such officer and no person shall be released upon the execution of a written promise to appear or the posting of a bond without surety if the person is charged with the commission of a family violence crime as defined in section 46b-38a and in the commission of such crime the person used or threatened the use of a firearm. If the arrested person has not posted bail, the police officer shall immediately notify a bail commissioner.

(b) The chief, acting chief, superintendent of police, the Commissioner of Public Safety, any captain or lieutenant of any local police department or the Division of State Police within the Department of Public Safety or any person lawfully exercising the powers of any such officer may take a written promise to appear or a bond with or without surety from an arrested person as provided in subsection (a) of this section, or as fixed by the court or any judge thereof and may administer such oaths as are necessary in the taking of promises or bonds.

Sec. 9. Section 54-63d of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Upon notification by a police officer pursuant to section 54-63c that an arrested person has not posted bail, a bail commissioner shall promptly conduct an interview and investigation as specified in subdivisions (1) and (2) of subsection (a) of section 54-63b and, based upon criteria established pursuant to subdivision (2) of subsection (c) of section 54-63b [, he] and except as provided in subsection (b) of this section, the bail commissioner shall promptly order release of such person on the first of the following conditions of release found sufficient to provide reasonable assurance of [his] the person's appearance in court: (1) Upon [his] the execution of a written promise to appear without special conditions; (2) upon [his] the execution of a written promise to appear with any of the nonfinancial conditions as specified in subsection (b) of this section; (3) upon [his] the execution of a bond without surety in no greater amount than necessary; (4) upon [his] the execution of a bond with surety in no greater amount than necessary. If the person is unable to meet the conditions of release ordered by the bail commissioner, [he] the bail commissioner shall so inform the court in a report prepared pursuant to subdivision (4) of subsection (a) of section 54-63b.

(b) No person shall be released upon the execution of a written promise to appear or the execution of a bond without surety if the person is charged with the commission of a family violence crime as defined in section 46b-38a and in the commission of such crime the person used or threatened the use of a firearm.

[(b)] (c) In addition to or in conjunction with any of the conditions enumerated in subdivisions (1) to (4), inclusive, of subsection (a) of this section, the bail commissioner may impose nonfinancial conditions of release, which may require that the arrested person do any of the following: (1) Remain under the supervision of a designated person or organization; (2) comply with specified restrictions on [his] the person's travel, association or place of abode; (3) not engage in specified activities, including the use or possession of a dangerous weapon, an intoxicant or controlled substance; (4) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; or (5) satisfy any other condition that is reasonably necessary to assure the appearance of the person in court. Any of the conditions imposed under subsection (a) of this section and this subsection by the bail commissioner shall be effective until the appearance of such person in court.

[(c)] (d) The police department shall promptly comply with the order of release of the bail commissioner, except that if the department objects to the order or any of its conditions, the department shall promptly so advise a state's attorney or assistant state's attorney, the bail commissioner and the arrested person. The state's attorney or assistant state's attorney may authorize the police department to delay release, until a hearing can be had before the court then sitting for the geographical area which includes the municipality in which the arrested person is being detained or, if the court is not then sitting, until the next sitting of said court.

[(d)] (e) Except as provided in subsections [(e)] (f) and [(f)] (g) of this section, all information provided to the Office of the Bail Commission shall be for the sole purpose of determining and recommending the conditions of release, and shall otherwise be confidential and retained in the files of the Office of the Bail Commission, and not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

[(e)] (f) The Chief Bail Commissioner shall establish written procedures for the release of information contained in reports and files of the Office of the Bail Commission, such procedures to be approved by the executive committee of the judges of the Superior Court. Such procedures shall allow access to (1) nonidentifying information by qualified persons for purposes of research related to the administration of criminal justice; (2) all information provided to the Office of the Bail Commission by probation officers for the purposes of compiling presentence reports; and (3) all information provided to the Office of the Bail Commission concerning any person convicted of a crime and held in custody by the Department of Correction.

[(f)] (g) Any files and reports held by the Office of the Bail Commission may be disclosed to (1) the Office of Adult Probation for the purposes of conducting investigations required under sections 54-76d and 54-91a and of supervising persons placed on probation, (2) the Family Division of the Superior Court for the purpose of preparing written or oral reports required under subsections (c) and (d) of section 46b-38c, and (3) agencies and organizations under contract with the Office of Alternative Sanctions for the purpose of monitoring arrested persons referred under subsection [(b)] (c) of this section or subsection (c) of section 54-64a.

Sec. 10. Subsection (a) of section 53a-222 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of violation of conditions of release when, while charged with the commission of a felony, misdemeanor or motor vehicle violation for which a sentence to a term of imprisonment may be imposed, [he] such person is released pursuant to subsection [(b)] (c) of section 54-63d, as amended by this act, or subsection (c) of section 54-64a on the condition that [he] such person (1) avoid all contact with the alleged victim or (2) not use or possess a dangerous weapon, and [he] such person intentionally violates that condition.

Sec. 11. Subsection (a) of section 54-63b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There shall be, within the Judicial Department, the Office of the Bail Commission, the duties of which shall be: (1) To promptly interview, prior to arraignment, any person referred by the police pursuant to section 54-63c or by a judge. Such interview shall include, but not be limited to, information concerning the accused person, his or her family, community ties, prior criminal record and physical and mental condition; (2) to seek independent verification of information obtained during the interview, if practicable; (3) to determine, as provided in section 54-63d, or to make recommendations on request of any judge, concerning the terms and conditions of the release of arrested persons from custody pending final disposition of their cases; (4) to prepare a written report on all persons interviewed and, upon request and pursuant to the procedures established under subsection [(d)] (f) of section 54-63d, as amended by this act, provide copies of the report to the court, defense counsel and state's attorney. Such report shall contain the information obtained during the interview and verification process, the person's prior criminal record, where possible, and the determination or recommendation of the commissioner pursuant to section 54-63d concerning the terms and conditions of the release of the persons so interviewed; (5) to give prior notice of each required court appearance to each person released following an interview by the Bail Commission; (6) to supervise pursuant to the direction of the court those persons released on nonfinancial conditions; (7) to inform the court and the state's attorney of any failure to comply with terms and conditions of release, including the arrest of persons released under its supervision; (8) to monitor, evaluate and provide information concerning terms and conditions of release and the release criteria established under subdivision (2) of subsection (c) of this section, to prepare periodic reports on its activities, and to provide such other information as is needed to assist in the improvement of the pretrial release process; (9) to perform such other functions as the Chief Court Administrator may, from time to time, assign.

Sec. 12. Subsection (a) of section 54-142g of the general statutes is repealed and the following is substituted in lieu thereof:

(a) "Criminal history record information" means court records and information compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender notations of arrests, releases, detentions, indictments, informations, or other formal criminal charges or any events and outcomes arising from those arrests, releases, detentions, including pleas, trials, sentences, appeals, incarcerations, correctional supervision, paroles and releases; but does not include intelligence, presentence investigation, investigative information or any information which may be disclosed pursuant to subsection [(d)] (f) of section 54-63d, as amended by this act.

Sec. 13. Subsection (a) of section 53a-40e of the general statutes is repealed and the following is substituted in lieu thereof:

(a) If any person is convicted of a violation of section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-181c, 53a-181d or 53a-181e, or of attempt or conspiracy to violate any of said sections or section 53a-54a, against a family or household member as defined in subdivision (2) of section 46b-38a, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a, if the court is of the opinion that the history and character and the nature and circumstances of the criminal conduct of such offender indicate that a standing criminal restraining order will best serve the interest of the victim and the public, issue a standing criminal restraining order which shall remain in effect until modified or revoked by the court for good cause shown.

Sec. 14. 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 pregnant 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 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 is pregnant.

(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 pregnant 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 pregnant 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 pregnant.

[(c)] (d) Assault of [a victim sixty or older] an elderly, blind, disabled or pregnant 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. 15. 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 pregnant 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 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 is pregnant.

(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 pregnant 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 pregnant 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 pregnant.

[(c)] (d) Assault of [a victim sixty or older] an elderly, blind, disabled or pregnant 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. 16. 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 pregnant 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 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 is pregnant.

(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 pregnant 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 pregnant 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 pregnant.

[(c)] (d) Assault of [a victim sixty or older] an elderly, blind, disabled or pregnant 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. 17. 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 pregnant person in the third degree when [he] such person commits assault in the third degree under section 53a-61 and 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 is pregnant.

(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 pregnant 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 pregnant 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 pregnant.

[(c)] (d) Assault of [a victim sixty or older] an elderly, blind, disabled or pregnant 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.

Approved June 23, 1999

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