PA 12-80—sHB 5145

Judiciary Committee

AN ACT CONCERNING THE RECOMMENDATIONS OF THE SENTENCING COMMISSION REGARDING THE CLASSIFICATION OF UNCLASSIFIED MISDEMEANORS

SUMMARY: By law, misdemeanors are punishable by imprisonment of up to one year. They are classified according to severity as class A, class B, and class C. There are also unclassified misdemeanors which are punishable by imprisonment but not designated under one of these classes.

This act:

1. creates a new misdemeanor classification (a class D misdemeanor),

2. adjusts the penalties of previously unclassified misdemeanors to fit them into classifications while deeming others to be classified,

3. reduces the penalties for some unclassified misdemeanors to fine-only violations, and

4. repeals some unclassified misdemeanors.

Specifically, it:

1. reduces 45 unclassified misdemeanors to violations which are punishable by fines only, with 39 of them payable by mail as with infractions;

2. classifies 57 unclassified misdemeanors without changing the maximum prison sentence each carries but increasing their potential fines;

3. classifies eight unclassified misdemeanors by increasing their maximum prison sentence and 22 unclassified misdemeanors by decreasing the maximum prison sentence, with some changes to their allowable fines;

4. for 13 statutes, creates a new penalty structure, with different penalties based on prior convictions under the statutes (in some instances these crimes already had different penalties depending on prior convictions and in some instances the act adds them);

5. classifies 17 unclassified misdemeanors by making slight changes to their maximum prison sentences, such as classifying a crime punishable by up to 12 months in prison as a class A misdemeanor punishable by up to one year in prison;

6. eliminates 11 unclassified misdemeanors by repealing statutes and one unclassified misdemeanor by removing the criminal penalty for violating the statute;

7. requires that any unclassified misdemeanor with a maximum prison penalty equal to the penalty in one of the classes of misdemeanors be deemed included in that class of misdemeanor; and

8. sets the possible probation term for the class D misdemeanor classification it creates and changes the probation terms for some unclassified misdemeanors.

EFFECTIVE DATE: October 1, 2012, except (1) the changes to probation terms are effective October 1, 2012 and applicable to sentences imposed for crimes committed on or after that date and (2) two conforming changes are effective January 1, 2013.

CLASSES OF MISDEMEANORS AND UNCLASSIFIED MISDEMEANORS DEEMED CLASSIFIED (§§ 1-3)

By law, misdemeanors are crimes that are punishable by up to one year in prison. The law classifies misdemeanors as:

1. class A, punishable by up to one year in prison, a fine of up to $2,000, or both;

2. class B, punishable by up to six months in prison, a fine of up to $1,000, or both;

3. class C, punishable by up to three months in prison, a fine of up to $500, or both; and

4. unclassified, punishable by a prison term and fine specified in the individual statute.

The act creates a new class D misdemeanor punishable by up to 30 days in prison, a fine of up to $250, or both.

Under the act, an unclassified misdemeanor that specifies a maximum prison penalty that matches the maximum penalty for one of the classifications is deemed to be a misdemeanor of that classification. The act also retains the fine specified in the statute creating that misdemeanor, even if it does not match the usual fine for that classification. An unclassified misdemeanor with a penalty of imprisonment that differs from any of the classifications remains unclassified.

PROBATION AND CONDITIONAL DISCHARGE FOR MISDEMEANORS (§ 4)

The act makes a number of changes to probation and conditional discharge terms (terms) for misdemeanors.

It sets the possible term for a class D misdemeanor at up to one year, the same as the law provides for a class B or C misdemeanor. By law, unchanged by the act, the maximum term for a class A misdemeanor is two years.

Previously, people convicted of unclassified misdemeanors could be sentenced to a probation or conditional discharge term of up to (1) one year if the crime was punishable by up to three months in prison or (2) two years if the crime was punishable by more than three months in prison. The act instead makes the maximum terms (1) one year if the crime is punishable by up to six months in prison and (2) two years if it is punishable by more than six months. Thus, the act reduces, from two years to one, the maximum probation term for someone sentenced for an unclassified misdemeanor punishable by three to six months in prison.

The act also changes the maximum probation or conditional discharge term for previously unclassified misdemeanors punishable by up to six months in prison that are deemed classified as B misdemeanors under the act. The act reduces their maximum term from two years to one.

UNCLASSIFIED MISDEMEANORS REDUCED TO VIOLATIONS

The act reduces the penalty for 45 unclassified misdemeanors to violations, which are punishable by fines only and not a prison term.

Under the act, 39 of these violations are payable by mail, like infractions, and do not require a court appearance (see § 50). The act sets the maximum fine for each of these violations and authorizes Superior Court judges to set the actual fine that violators will pay by mail in the courts' schedule of fines for infractions and violations. Table 1 lists the 34 crimes reduced to mail-in violations with fines of up to $250. Table 2 displays the five crimes reduced to mail-in violations with maximum fines higher than $250.

Table 1: Unclassified Misdemeanors Reduced to Mail-in Violations with Fines up to $250

Table 2: Unclassified Misdemeanors Reduced to Mail-in Violations with Other Fines

The act reduces six unclassified misdemeanors to violations with fines of up to $250 but they are not subject to the mail-in procedure and the offender must appear in court. For these six offenses, the law also authorizes the court to impose additional penalties. Table 3 displays these crimes reduced to violations. As under prior law, the penalty for illegal sale of raw furs (§ 23, CGS § 26-43) includes suspending the fur dealer's license for one year, the penalty for towing a dredge near shellfish (§ 154, CGS § 26-231) includes forfeiting the right to fish for one year, and the penalties for violating the other four statutes include allowing the court to order that a shellfishing permit or license not be issued to the offender for a specified time.

Table 3: Unclassified Misdemeanors Reduced to Violations with Fines of up to $250 not Subject to Mail-in Procedures

UNCLASSIFIED MISDEMEANORS CLASSIFIED WITHOUT A CHANGE IN MAXIMUM SENTENCE BUT CHANGES IN FINES

The act classifies 57 unclassified misdemeanors without changing their maximum prison terms. By classifying these crimes, the act increases their maximum fines but, in some instances, also eliminates a minimum fine. Table 4 displays these crimes.

Table 4: Unclassified Misdemeanors the Act Classifies Without Changing Maximum Prison Sentences but Changing Fines

UNCLASSIFIED MISDEMEANORS CLASSIFIED WITH INCREASED SENTENCES AND CHANGES IN FINES

The act classifies eight unclassified misdemeanors by increasing their maximum prison sentences from the 60 days' or two months' sentence in prior law. In all but one instance (§ 112, CGS § 19a-347), classification also increases each offense's maximum fine. Table 5 displays these crimes.

Table 5: Unclassified Misdemeanors the Act Classifies with Increased Sentences and Changes in Fines

UNCLASSIFIED MISDEMEANORS CLASSIFIED WITH DECREASED SENTENCES AND CHANGES IN FINES

The act classifies 22 unclassified misdemeanors by decreasing their maximum prison sentences. In all but one instance, the act's classifications increase maximum fines. In six instances, the act eliminates minimum fines. Table 6 displays these crimes.

Table 6: Unclassified Misdemeanors the Act Classifies with Decreased Sentences and Changes in Fines

The act also reduces the possible prison term for four crimes to match those for misdemeanor classifications but imposes higher fines for them than for the appropriate classifications. Because the prison terms match those for class B and D misdemeanors, these crimes would be deemed to be class B and D misdemeanors, as appropriate, with higher fines than those associated with these classifications. Table 7 displays these crimes.

Table 7: Unclassified Misdemeanors with Decreased Sentences that are Deemed Classified

CHANGES TO THE PENALTY STRUCTURE FOR CERTAIN UNCLASSIFIED MISDEMEANORS

Some unclassified misdemeanors have different penalties for subsequent convictions of the offense. The act (1) makes changes to the penalties in these statutes in a number of different ways and (2) adds penalties for subsequent convictions of some offenses that do not already have these penalties. Table 8 displays these statutes with changes in penalties based on the number of convictions for the offense.

Table 8: Unclassified Misdemeanors the Act Classifies with a New Penalty Structure

The law punishes illegally taking a moose or bear and the act makes the following changes to the penalties.

1. For a first offense, the act reduces the prison penalty from up to 90 days to up to 30 days and the possible fine from at least $500 to up to $500. The prison penalty matches the penalty for a class D misdemeanor and thus the act deems this to be a class D misdemeanor.

2. For a second offense, the act reduces the prison penalty from up to 120 days to up to three months and the possible fine from at least $750 to up to $750. The prison penalty matches the penalty for a class C misdemeanor and thus the act deems this to be a class C misdemeanor.

3. For a third or subsequent offense, the act makes a minor change in the prison penalty, from up to 180 days to up to six months, and reduces the possible fine from at least $1,000 to up to $1,000. The prison penalty matches the penalty for a class B misdemeanor and thus the act deems this to be a class B misdemeanor (§ 151, CGS § 26-80a).

Except for certain violations with other penalties, prior law punished commercial fishing violations with up to 30 days in prison, a fine of up to $250, or both, with each fish or crustacean taken being a separate offense. The act retains this penalty for commercial fishing violations involving net and boat licenses, restricted waters near streams or estuaries, and fish oil or fertilizer, making them a class D misdemeanor, which does not change the penalties. For other commercial fishing violations for which the law does not provide other penalties, the act (1) reduces the penalty for a first offense to a mail-in violation of up to $250 and (2) makes a second or subsequent offense a class D misdemeanor, which matches the existing penalty (§ 152, CGS § 26-186).

UNCLASSIFIED MISDEMEANORS WITH SLIGHT CHANGES IN PRISON TERMS AND CHANGES IN FINES

The act classifies 17 crimes by making only slight changes to their maximum prison sentences, such as classifying a crime punishable by up to 12 months in prison as a class A misdemeanor punishable by up to one year in prison. The act also makes changes to fines for all but five of these crimes.

Table 9: Unclassified Misdemeanors with Minor Changes in Prison Terms and Changes in Some Fines

The act also makes minor changes to prison terms in order to deem certain misdemeanors classified. In doing so, it preserves the existing fines which vary from those that usually apply to the classification. Table 10 displays these crimes.

Table 10: Unclassified Misdemeanors with Minor Changes in Prison Terms that are Deemed Classified Under the Act with No Change in Fines

ELIMINATED CRIMINAL PENALTY

The act eliminates the criminal penalty of up to three months in prison, a fine of up to $50, or both, for a registrar who knowingly makes false entries in vital records (§ 187).

REPEALED STATUTES

The act repeals the following 11 statutes (§ 193) and makes conforming changes (§§ 189-192). It eliminates a provision:

1. that willfully refusing to leave the vicinity when ordered to do so by a fire department officer directing activities at a fire or emergency site, unless the person has a state police press card, is punishable by up to seven days in prison, a fine of up to $50, or both. By law, the fire chief or any member serving as officer-in-charge when responding to a fire or emergency can order someone to leave the vicinity (CGS § 7-313e). By law, it is a class A misdemeanor to obstruct, resist, hinder, or endanger a firefighter or fail to assist a firefighter when commanded to do so (CGS §§ 53a-167a and -167b).

2. punishing removing or damaging a traffic control sign at a railroad crossing or light illuminating such a sign with up to 30 days in prison, a fine of up to $10, or both. The law punishes intentionally or recklessly tampering with or damaging railroad property, intentionally causing an interruption in service by damaging property, and damaging property by negligence using a potentially harmful or destructive force or substance with penalties ranging from a class B misdemeanor to a class D felony (CGS § 53a-117k et seq. ).

3. punishing willfully damaging property on the fair grounds of an agricultural society, obstructing officers performing their duties there, and wrongfully gaining admission to the fairgrounds with up to 30 days in prison, a fine of up to $25, or both. By law, various generally applicable criminal laws apply to this conduct, regardless of where it occurs.

4. requiring anyone growing swine to be used other than on the premises to register with the agriculture commissioner, authorizing the commissioner to issue certain orders and regulations related to swine, authorizing investigations related to swine diseases, prohibiting entry of certain swine into the state and generally requiring testing after importation, and requiring swine brought in for immediate slaughter to be killed in an approved slaughterhouse under veterinary inspection. It eliminates the penalty of up to 30 days in prison, a fine of up to $100, or both, for violating these provisions. A number of other statutes apply to diseases of domestic animals and provide penalties for their violation (CGS §§ 22-278 et seq. , 22-319a, and 22-320a et seq. ).

5. punishing putting or leaving a dead animal in a pond, spring, or reservoir that supplies water to a building or willfully putting a dead animal in any water, with up to 30 days in prison, a fine of up to $50, or both. By law, putting anything into a spring, fountain, cistern, or other place where water is taken for drinking or other purposes to pollute its quality is punishable by up to six months in prison, a fine of up to $500, or both (CGS § 25-39). By law, anyone who puts a pollutant or harmful substance into a reservoir, lake, pond, or stream that provides a public water supply is subject to up to 30 days in prison, a fine of up to $500, or both (CGS § 25-43(b)). The law also prohibits allowing a pollutant or harmful substance to enter a public water supply reservoir or its tributaries, but the act changes the penalty for violating this provision from an unclassified misdemeanor to a mail-in violation of up to $500 (see § 18 above, CGS § 25-43(a)).

6. punishing (a) a state or local police officer or anyone with arrest powers who, directly or indirectly, receives a reward, gift, or gratuity for influencing his or her behavior and (b) anyone who gives, offers, or promises it (unless approved by the commissioner, chief, or police commissioners because of official services) with up to six months in prison, a fine of up to $100, or both. By law, it is a class C felony (punishable by one to 10 years in prison, a fine of up to $10,000, or both) for a (a) public servant to solicit, accept, or agree to accept a benefit for, because of, or as consideration for a decision, opinion, recommendation, or vote or (b) person to offer to do so (CGS §§ 53a-147 and -148).

7. punishing anyone who operates or intends to operate a manufacturing or mechanical establishment who has not registered with the labor commissioner or not been included on the list of Connecticut factories. (The labor department no longer compiles this list. ) An employer's failure to register was punishable by a fine of $25 to $100 for the 1^st offense and a fine of $100 to $500 and 30 to 60 days in prison, or both, for subsequent offenses.

8. regulating industrial home work (a business giving materials to someone at home to manufacture, finish, repair, or handle) unless the business and person performing the work receive certificates from the labor commissioner. Violations of these provisions were punishable by up to $25 per day, up to 30 days in prison, or both, and the commissioner could revoke a certificate or permit.

9. that treats past due payments to employee welfare funds as wages for purposes of allowing an employee, labor organization, or the labor department to sue and recover twice the amount due plus costs and reasonable attorneys' fees. A proprietor, partner, or corporate officer, director, or employee who failed to make a payment was subject to up to a $200 fine, up to 30 days in prison, or both, for each week of nonpayment. A proprietor, partner, or corporate officer or director was personally liable in a civil action for the amounts due plus costs and reasonable attorney's fees.

10. prohibiting burying a body within 350 feet of a house except under certain circumstances. Prior law punished violations by up to a $50 fine, up to 30 days in prison, or both.

11. on the depth of burial of a corpse, with violations punishable by up to a $100 fine, up to 30 days in prison, or both. The law prohibits burial wholly or partially above ground unless in an established cemetery or ground or structure approved by the Department of Public Health (CGS § 19a-313).

OTHER CHANGES

The act places a maximum prison sentence on the unclassified misdemeanor of willfully violating zoning regulations (§ 5, CGS § 8-12). Under prior law, this crime was punishable by up to 10 days in prison, a fine of $100 to $250 per day, or both, for each day the zoning violation continued. The act caps the possible prison term at 30 days. Because the 30-day prison term matches the prison penalty for a class D misdemeanor, the act deems this offense to be a D misdemeanor. By law, zoning violations that are not willful are punishable by a fine of $10 to $100 per day. The act makes these violations payable by mail, like infractions (§ 50).

The law punishes eavesdropping by an employer under certain circumstances. By law, a first offense is a $500 fine and a second offense is a $1,000 fine. Under prior law, a third or subsequent offense required a 30-day prison sentence. The act also requires a $1,000 fine for a third or subsequent offense. Thus, the act deems a third or subsequent offense to be classified as a D misdemeanor (§ 92, CGS § 31-48b).

The law punishes a false statement by a dealer, repairer, or motor carrier regarding a vehicle inspection. Prior law punished violators with (1) the penalties for 2^nd degree false statement (a class A misdemeanor) and (2) for a first offense, up to 90 days in prison, up to $1,000 fine, or both and, for a subsequent offense, up to one year in prison, a fine of at least $2,000, or both. The act changes these criminal penalties (§ 163) but under another act, PA 12-81, only the penalties for 2^nd degree false statement apply.

Under prior law, anyone who violated the law or regulations regarding fireworks displays and permits and caused death or injury was punished by up to 10 years in prison, a fine of up to $10,000, or both. The act makes this a class C felony, which has the same penalty except that the prison penalty is one to 10 years. As under prior law, a judge can suspend any or all of the prison sentence as none of it is a mandatory minimum sentence (§§ 178-179, CGS § 29-357; also see Table 9 for the penalty for violations that do not cause death or injury).

The act eliminates the specific criminal penalty of up to 30 days in prison, a fine of up to $100, or both, for violating the brucellosis control regulations which include testing cattle, quarantining, vaccinating, and importing cattle (§ 188). But this conduct is subject to a general penalty for animal disease control violations which the act makes a class D misdemeanor (§ 77, see Table 4).

BACKGROUND

Related Acts

PA 12-95 extends penalties for bakery violations to violations by newly created food manufacturing establishment licensees and allows the consumer protection commissioner to impose civil penalties for violations. The act changes the criminal penalties that apply to these violations (see § 147 in Table 8).

PA 12-176 increases, from two to two-and-a-half inches, the minimum size of scallops that a person can take from the Niantic River. It allows the Waterford-East Lyme shellfish commission to increase or decrease the daily limit of scallops a person can take, rather than just increase it. The act reduces the penalty for violating these provisions to a $250 violation from the prior penalty of up to 10 days in prison, a fine of up to $200, or both (see § 41 in Table 3).

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