Sec. 1-89. Violations; penalties. Disciplinary powers of the legislature, agencies and commissions. Civil action for damages.
Sec. 1-89. Violations; penalties. Disciplinary powers of the legislature, agencies and commissions. Civil action for damages. (a) Any person who intentionally
violates any provision of this part or section 1-101nn shall (1) for a first violation, be
guilty of a class A misdemeanor, except that, if such person derives a financial benefit
of one thousand dollars or more as a result of such violation, such person shall be guilty
of a class D felony, and (2) for a second or subsequent violation, be guilty of a class D
felony, provided no person may be found guilty of a violation of subsection (f) or (g)
of section 1-84 and bribery or bribe receiving under section 53a-147 or 53a-148 upon
the same incident, but such person may be charged and prosecuted for all or any of such
offenses upon the same information.
(b) The penalties prescribed in this part or section 1-101nn shall not limit the power
of either house of the legislature to discipline its own members or impeach a public
official, and shall not limit the power of agencies or commissions to discipline their
officials or employees.
(c) The Attorney General may bring a civil action against any person who knowingly
acts in the person's financial interest in, or knowingly receives a financial advantage
resulting from, a violation of section 1-84, 1-85, 1-86 or 1-101nn. In any such action,
the Attorney General may, in the discretion of the court, recover any financial benefit
that accrued to the person as a result of such violation and additional damages in an
amount not exceeding twice the amount of the actual damages.
(d) Any fines, penalties or damages paid, collected or recovered under section 1-88 or this section for a violation of any provision of this part or section 1-101nn applying
to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds,
as defined in section 3-13c, affected by such violation.
(P.A. 77-600, S. 11, 15; 77-604, S. 69, 84; 77-605, S. 12, 21; P.A. 83-493, S. 3, 5; P.A. 94-132, S. 5; P.A. 00-43, S. 8,
19; P.A. 04-38, S. 4; 04-198, S. 5, 7; P.A. 05-287, S. 43.)
History: P.A. 77-604 made technical changes; P.A. 77-605 repealed specific provisions regarding penalties for false
swearing for obtaining financial gain through prohibited acts; P.A. 83-493 added Subsec. (c) allowing attorney general to
bring a civil action against persons liable under Sec. 1-88(d) and, in the discretion of the court, to recover double damages;
P.A. 94-132 amended Subsec. (a) by changing maximum fine from $1,000 to $2,000; P.A. 00-43 added Subsec. (d) re
penalties for violations involving Treasurer's office, effective May 3, 2000; P.A. 04-38 amended Subsec. (a) to change
the penalty for an intentional violation from a term of imprisonment not to exceed one year or a fine not to exceed $2,000,
or both, to a class D felony, effective July 1, 2004; P.A. 04-198 applied provisions to Sec. 1-86d, effective June 3, 2004,
and, effective July 1, 2004, amended Subsec. (a) by making first violation a class A misdemeanor and by designating
second or subsequent violations and deriving financial benefit of $1,000 or more as result of first violation a class D felony;
P.A. 05-287 added references to Sec. 1-101nn throughout the section and amended Subsec. (c) to delete provision re
liability under Sec. 1-88(d) and authorize the Attorney General to bring a civil suit against a person who knowingly acts
in the person's financial interest in, or knowingly receives a financial advantage from, a violation of Sec. 1-84, 1-85, 1-86 or 1-101nn and to recover any resulting financial benefit, effective July 1, 2005.
Cited. 229 C. 479.