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Substitute House Bill No. 6339

Public Act No. 09-193

AN ACT CONCERNING THE FORFEITURE OF PROPERTY OBTAINED BY SECURITIES FRAUD.

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

Section 1. Subsection (a) of section 53-394 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to intentionally aid, solicit, coerce or intimidate another person to commit any crime which, at the time of its commission, was a felony chargeable by indictment or information under the following provisions of the general statutes then applicable: (1) Sections 53-278a to 53-278f, inclusive, relating to gambling activity; (2) chapter 949a, relating to extortionate credit transactions; (3) chapter 952, part IV, relating to homicide; (4) chapter 952, part V, relating to assault, except assault with a motor vehicle as defined in section 53a-60d; (5) sections 53a-85 to 53a-88, inclusive, relating to prostitution; (6) chapter 952, part VII, relating to kidnapping; (7) chapter 952, part VIII, relating to burglary, arson and related offenses; (8) chapter 952, part IX, relating to larceny, robbery and related offenses; (9) chapter 952, part X, relating to forgery and related offenses; (10) chapter 952, part XI, relating to bribery and related offenses; (11) chapter 952, part XX, relating to obscenity and related offenses; (12) chapter 952, part XIX, relating to coercion; (13) sections 53-202, 53-206, 53a-211 and 53a-212, relating to weapons and firearms; (14) section 53-80a, relating to the manufacture of bombs; (15) sections 36b-2 to [36b-33] 36b-34, inclusive, relating to securities fraud and related offenses; (16) sections 21a-277, 21a-278 and 21a-279, relating to drugs; (17) section 22a-131a, relating to hazardous waste; (18) chapter 952, part XXIII, relating to money laundering; or (19) section 53a-192a, relating to trafficking in persons.

Sec. 2. (Effective from passage) The Chief State's Attorney, in consultation with the Attorney General, the Chief Court Administrator and the Banking Commissioner, shall study the establishment of a fund consisting of money, and the proceeds of the sale of property, forfeited to the state under chapter 949c of the general statutes as a result of securities fraud and related offenses committed in violation of sections 36b-2 to 36b-34, inclusive, of the general statutes, and the most appropriate manner of administering such fund so as to provide restitution to victims of such violations. Not later than March 31, 2010, the Chief State's Attorney shall report his findings and recommendations to the joint standing committee of the General Assembly on judiciary in accordance with the provisions of section 11-4a of the general statutes.

Approved June 29, 2009