Sec. 53-396. Charging of incidents of racketeering activity. Sentencing on separately charged offense.
Sec. 53-396. Charging of incidents of racketeering activity. Sentencing on separately charged offense. (a) In any information charging a violation of this chapter,
the state shall allege the existence of a pattern of racketeering activity based upon at
least two incidents of racketeering activity, which shall be specified in such information.
The state may, where otherwise permitted by law, individually charge in separate counts
of the same information or by indictment any offense notwithstanding that such offense
may also constitute an incident of racketeering activity specified in the count charging
a violation of this chapter. Any information charging a violation of this chapter shall
also indicate whether, and to what extent, the state alleges that any property of the
defendant is subject to forfeiture under this chapter.
(b) In any prosecution under this chapter the court or the jury, as the case may be,
shall indicate by special verdict the particular incidents of racketeering activity that it
finds to have been proved by the state beyond a reasonable doubt.
(c) In any prosecution under this chapter, the court shall impose a separate sentence
on any separately charged offense of which the defendant has been found guilty notwithstanding that the offense also constitutes an incident of racketeering activity under that
portion of the information charging a violation of this chapter. Any term of imprisonment
imposed on the separately charged offense shall, in the discretion of the court, run either
concurrently or consecutively with respect to the sentence imposed on the count charging
a violation of this chapter, as provided in section 53a-27, except, in the case in which
such separately charged offense constitutes a violation of section 53-202, 53-206, 53a-211 or 53a-212, such sentences shall run consecutively.
(P.A. 82-343, S. 4; July Sp. Sess. P.A. 94-2, S. 9.)
History: July Sp. Sess. P.A. 94-2 amended Subsec. (c) to add exception requiring consecutive sentences when the
separately charged offense constitutes a violation of Sec. 53-202, 53-206, 53a-211 or 53a-212.
Cited. 229 C. 479.