Sec. 53a-40d. Persistent offenders of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order. Auth
Sec. 53a-40d. Persistent offenders of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal
violation of a restraining order. Authorized sentences. (a) A persistent offender of
crimes involving assault, stalking, trespass, threatening, harassment, criminal violation
of a protective order or criminal violation of a restraining order is a person who (1) stands
convicted of assault under section 53a-61, stalking under section 53a-181d, threatening
under section 53a-62, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, criminal violation of a restraining order under section
53a-223b or criminal trespass under section 53a-107 or 53a-108, and (2) has, within the
five years preceding the commission of the present crime, been convicted of a capital
felony, a class A felony, a class B felony, except a conviction under section 53a-86 or
53a-122, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b,
53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, harassment under
section 53a-183, criminal violation of a protective order under section 53a-223, criminal
violation of a restraining order under section 53a-223b, or criminal trespass under section
53a-107 or 53a-108 or has been released from incarceration with respect to such conviction, whichever is later.
(b) When any person has been found to be a persistent offender of crimes involving
assault, stalking, trespass, threatening, harassment, criminal violation of a protective
order or criminal violation of a restraining order, the court shall, in lieu of imposing the
sentence authorized for the crime under section 53a-36 or section 53a-35a, as applicable,
impose the sentence of imprisonment authorized by said section 53a-36 or section 53a-35a for the next more serious degree of misdemeanor or felony, 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. 95-193, S. 2; P.A. 02-127, S. 4; Jan. Sp. Sess. P.A. 08-1, S. 9.)
History: P.A. 02-127 applied the provisions to criminal violation of a restraining order under Sec. 53a-223b and in
Subsec. (b) added references to Sec. 53a-35a, specified "felony" in the provision concerning the imposition of the sentence
of imprisonment authorized for the next more serious crime and made technical changes for the purpose 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.