Sec. 53a-40a. Persistent offenders of crimes involving bigotry or bias. Authorized sentences.
Sec. 53a-40a. Persistent offenders of crimes involving bigotry or bias. Authorized sentences. (a) A persistent offender of crimes involving bigotry or bias is a person
who (1) stands convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k
or 53a-181l, and (2) has been, prior to the commission of the present crime, convicted
of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l or section 53a-181b in effect prior to October 1, 2000.
(b) When any person has been found to be a persistent offender of crimes involving
bigotry or bias, the court shall: (1) In lieu of imposing the sentence authorized for the
crime under section 53a-35a if the crime is a felony, impose the sentence of imprisonment authorized by said section for the next more serious degree of felony, or (2) in lieu
of imposing the sentence authorized for the crime under section 53a-36 if the crime is
a misdemeanor, impose the sentence of imprisonment authorized by said section for
the next more serious degree of misdemeanor, except that if the crime is a class A
misdemeanor the court shall impose the sentence of imprisonment for a class D felony
as authorized by section 53a-35a.
(P.A. 90-137, S. 2; P.A. 00-72, S. 10; Jan. Sp. Sess. P.A. 08-1, S. 8.)
History: P.A. 00-72 amended Subsec. (a) to replace reference in Subdiv. (1) to "subsection (a) or (c) of section 53a-181b" with reference to Sec. "53a-181j, 53a-181k or 53a-181l" and to replace reference in Subdiv. (2) to "subsection (a)
or (c) of section 53a-181b" with reference to "section 53a-181j, 53a-181k or 53a-181l or section 53a-181b in effect prior
to October 1, 2000" and amended Subsec. (b) to make technical changes for purposes of gender neutrality; Jan. Sp. Sess.
P.A. 08-1 amended Subsec. (b) to delete requirement for imposition of enhanced sentence that "the court is of the opinion
that such person's history and character and the nature and circumstances of such person's criminal conduct indicate that
an increased penalty will best serve the public interest", effective January 25, 2008.