HB 6455 — AN ACT CONCERNING IMPEDING OR OBSTRUCTING THE GENERAL ASSEMBLY AND INTERFERENCE WITH OR ASSAULT UPON A STATE CAPITOL POLICE OFFICER.
Last action — FILE NO. 471
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
243 added · 35 removed243 line(s) added, 35 removed.
House of Representatives General Assembly RaisedFile Bill No.
6455471 January Session, 2021 LCOHouse Bill No.
28286455 ReferredHouse toof Representatives, April 15, 2021 The Committee on JUDICIARYJudiciary Introducedreported by:through REP.
(JUD)STAFSTROM ANof ACTthe CONCERNING129th IMPEDINGDist., ORChairperson OBSTRUCTINGof THEthe GENERALCommittee ASSEMBLYon ANDthe INTERFERENCEpart WITHof ORthe ASSAULTHouse, UPONthat Athe STATEbill CAPITOLought POLICEto OFFICER.pass.
AN ACT CONCERNING IMPEDING OR OBSTRUCTING THE GENERAL ASSEMBLY AND INTERFERENCE WITH OR ASSAULT UPON A STATE CAPITOL POLICE OFFICER.
(2) Alone or in concert with others, with intent to do so, disturbs, disrupts or interferes with, or attempts to disturb, disrupt or interfere with, any session, meeting or proceeding of the General Assembly or either house thereof orany committee of the General Assembly or either houseHB6455 thereof,/ whetherFile within or outside the presence of said General LCO 2828 \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06455-R011 of 9 HB.docx Raised Bill No.
6455471 Assembly,1 eitherHB6455 houseFile thereofNo. or any such committee by (A) engaging in violent, tumultuous or threatening behavior;
471 house thereof, whether within or outside the presence of said General Assembly, either house thereof or any such committee by (A) engaging in violent, tumultuous or threatening behavior;
[;] [(6)Alone or in concert with others, pickets inside any building in whichthechamber, galleriesorofficesoftheGeneralAssembly oreither house thereof is located, or in which the office or residence of any member of the General Assembly is located, or in which a legislative hearing or meeting is being conducted.] LCOHB6455 2828/ {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06455-2File of 9 R01-HB.docx } Raised Bill No.
6455471 (b)2 [InterferenceHB6455 with]File ImpedingNo. the legislative process [under the provisions of this section] is a class A misdemeanor.
471 (b) [Interference with] Impeding the legislative process [under the provisions of this section] is a class A misdemeanor.
(4) Without legal authority, takes, obtains, withholds, destroys, LCOdefaces 2828or {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06455-3alters any official document or record of 9the R01-HB.docxGeneral }HB6455 Raised/ BillFile No.
6455471 defaces3 orHB6455 altersFile anyNo. official document or record of the General Assembly, either house thereof or any committee or agency of the General Assembly, which disrupts or interferes with the functioning of saidGeneralAssembly or committeeor agency oftheGeneralAssembly or either house thereof;
471 Assembly, either house thereof or any committee or agency of the General Assembly, which disrupts or interferes with the functioning of saidGeneralAssembly or committeeor agency oftheGeneralAssembly or either house thereof;
[.] or [(c) Notwithstanding the provisions of sections 29-35 and 53-206, (1) a person, other than a state or local police officer, a member of the Office of State Capitol Police or a police officer of any other state or of the federal government, who is carrying out official duties in this state, or any person summoned by any such officer to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer, while such officer is in the performance of his official duties or any member of the armed forces of the United States, as defined in section 27-103, or of the state, as defined in section 27-2, in the performance of official duties, or any veteran, as defined in section 27- 103, performing in uniform as a member of an official ceremonial unit, is guilty of interfering with the legislative process when he, alone or in concert with others, brings] (7) Brings into, or possesses within, any building in which the LCOchamber 2828of {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06455-4either house of 9the R01-HB.docxGeneral }Assembly Raisedis Billlocated or in which the official office of any member, officer or employee of the General HB6455 / File No.
6455471 chamber4 ofHB6455 eitherFile houseNo. of the General Assembly is located or in which the official office of any member, officer or employee of the General Assembly or the office of any committee of the General Assembly or either house thereof is located or any building in which a committee of theGeneralAssembly isholding a publichearing, any weapon,whether loaded or unloaded, from which a shot may be discharged, or a billy, [;
471 Assembly or the office of any committee of the General Assembly or either house thereof is located or any building in which a committee of theGeneralAssembly isholding a publichearing, any weapon,whether loaded or unloaded, from which a shot may be discharged, or a billy, [;
(a) A person is guilty of interfering with an officer when such person obstructs, resists, hinders or endangers any peace officer, including a LCOmember 2828of {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06455-the 5Office of 9the R01-HB.docxState }Capitol Raisedpolice, Billspecial No.policeman appointed under section 29-18b or firefighter in the performance of such peace officer's, special policeman's or firefighter's duties.
6455HB6455 member/ ofFile theNo. Office of the State Capitol police, special policeman appointed under section 29-18b or firefighter in the performance of such peace officer's, special policeman's or firefighter's duties.
(b)471 Interfering5 withHB6455 anFile officerNo. is a class A misdemeanor, except that, if such violation causes the death or serious physical injury of another person, such person shall be guilty of a class D felony.
471 (b) Interfering with an officer is a class A misdemeanor, except that, if such violation causes the death or serious physical injury of another person, such person shall be guilty of a class D felony.
(a) A person is guilty of assault of public safety, emergency medical, public transit or health care personnel when, with intent to prevent a reasonably identifiable peace officer, including a member of the Office of the State Capitol Police, special policeman appointed under section 29-18b, firefighter or employee of an emergency medical service organization, as defined in section 53a-3, emergency room physician or nurse, health care employee as defined in section 19a-490q, employee of the Department of Correction, member or employee of the Board of Pardons and Paroles, probation officer, employee of the Judicial Branch assignedto providepretrialsecure detentionandprogramming services tojuvenilesaccusedofthecommissionofadelinquentact,liquorcontrol agent, state or municipal animal control officer, security officer, employee of the Department of Children and Families assigned to provide direct services to children and youths in the care or custody of the department, employee of a municipal police department assigned to provide security at the police department's lockup and holding facility, active individual member of a volunteer canine search and rescue team, as defined in section 5-249, or public transit employee from performing his or her duties, and while such peace officer, special policeman, firefighter, employee, physician, nurse, health care employee, member, liquor control agent, animal control officer, security officer, probation officer or active individual member is acting in the performance of his or her duties, (1) such person causes physical injury to such peace officer, special policeman, firefighter, employee, physician, nurse, member, liquor control agent, animal control officer, security officer, LCOprobationofficeroractiveindividualmember,or(2)suchpersonthrows 2828or {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-064556hurls, or causes to be thrown or hurled, any rock, bottle, can or other article, object or missile of 9any R01-HB.docxkind }capable Raisedof Billcausing physical harm, damage or injury, at such peace officer, special policeman, firefighter, HB6455 / File No.
6455471 probationofficeroractiveindividualmember,or(2)suchpersonthrows6 orHB6455 hurls,File orNo. causes to be thrown or hurled, any rock, bottle, can or other article, object or missile of any kind capable of causing physical harm, damage or injury, at such peace officer, special policeman, firefighter, employee, physician, nurse, member, liquor control agent, animal control officer, security officer, probation officer or active individual member, or (3) such person uses or causes to be used any mace, tear gas oranylikeorsimilardeleteriousagentagainstsuchpeaceofficer,special policeman, firefighter, employee, physician, nurse, member, liquor control agent, animal control officer, security officer, probation officer or active individual member, or (4) such person throws or hurls, or causes to be thrown or hurled, any paint, dye or other like or similar staining, discoloring or coloring agent or any type of offensive or noxious liquid, agent or substance at such peace officer, special policeman, firefighter, employee, physician, nurse, member, liquor control agent, animal control officer, security officer, probation officer or active individual member, or (5) such person throws or hurls, or causes to be thrown or hurled, any bodily fluid including, but not limited to, urine, feces, blood or saliva at such peace officer, special policeman, firefighter, employee, physician, nurse, member, liquor control agent, animal control officer, security officer, probation officer or active individual member.
471 employee, physician, nurse, member, liquor control agent, animal control officer, security officer, probation officer or active individual member, or (3) such person uses or causes to be used any mace, tear gas oranylikeorsimilardeleteriousagentagainstsuchpeaceofficer,special policeman, firefighter, employee, physician, nurse, member, liquor control agent, animal control officer, security officer, probation officer or active individual member, or (4) such person throws or hurls, or causes to be thrown or hurled, any paint, dye or other like or similar staining, discoloring or coloring agent or any type of offensive or noxious liquid, agent or substance at such peace officer, special policeman, firefighter, employee, physician, nurse, member, liquor control agent, animal control officer, security officer, probation officer or active individual member, or (5) such person throws or hurls, or causes to be thrown or hurled, any bodily fluid including, but not limited to, urine, feces, blood or saliva at such peace officer, special policeman, firefighter, employee, physician, nurse, member, liquor control agent, animal control officer, security officer, probation officer or active individual member.
If any person who is confined LCOin 2828an {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06455-7institution or facility of 9the R01-HB.docxDepartment }of RaisedCorrection Billis No.sentenced to a term of imprisonment for assault of an employee of the Department ofCorrectionunderthissection,suchtermshallrunconsecutively tothe term for which the person was serving at the time of the assault.
6455HB6455 in/ anFile institutionNo. or facility of the Department of Correction is sentenced to a term of imprisonment for assault of an employee of the Department ofCorrectionunderthissection,suchtermshallrunconsecutively tothe term for which the person was serving at the time of the assault.
(c)471 In7 anyHB6455 prosecutionFile underNo. this section involving assault of a health care employee, as defined in section 19a-490q, it shall be an affirmative defense that the defendant is a person with a disability as described in subdivision (13), (15) or (20) of section 46a-51 and the defendant's conduct was a clear and direct manifestation of the disability, except that for the purposes of this subsection, "mental disability", as defined in subdivision (20) of section 46a-51, does not include any abnormality manifested only by repeated criminal or antisocial conduct.
471 (c) In any prosecution under this section involving assault of a health care employee, as defined in section 19a-490q, it shall be an affirmative defense that the defendant is a person with a disability as described in subdivision (13), (15) or (20) of section 46a-51 and the defendant's conduct was a clear and direct manifestation of the disability, except that for the purposes of this subsection, "mental disability", as defined in subdivision (20) of section 46a-51, does not include any abnormality manifested only by repeated criminal or antisocial conduct.
LCOThis 2828act {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06455-shall 8take ofeffect 9as R01-HB.docxfollows }and Raisedshall Billamend No.the following sections:
6455 This act shall take effect as follows and shall amend the following sections:
4 October 1, 2021 53a-167c Sec.HB6455 / File No.
5471 October8 1,HB6455 2021File 54-280(a)(8)No. JUD Joint Favorable LCO 2828 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06455- 9 of 9 R01-HB.docx }
471 Sec.
5 October 1, 2021 54-280(a)(8) JUD Joint Favorable HB6455 / File No.
471 9 HB6455 File No.
471 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 22 $ FY 23 $ Judicial Dept.;
Show all 136 changed lines (96 more)
Correction, Dept.
GF - Potential See Below See Below Cost Resources of the General Fund GF - Potential See Below See Below Revenue Gain Note:
GF=General Fund Municipal Impact:
None Explanation The bill increases the penalty for obstructing the legislative process in certain circumstances and includes the Capitol Police inthe definition of a peace officer for certain offenses resulting in a potential cost for incarceration or probation and a potential revenue gain from fines to the extent violations occur.
On average, the marginal cost to the state for incarcerating an offender for the year is $2,200 while the average marginal cost for supervision in the community is less than $700 each year.
The Out Years 1Inmate marginal cost is based on increased consumables (e.g.
food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened.
2Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant.
This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.
HB6455 / File No.
471 10 HB6455 File No.
471 The annualized ongoing fiscal impact identified above would continue into the future subject to the number of violations.
HB6455 / File No.
471 11 HB6455 File No.
471 OLR Bill Analysis HB 6455 AN ACT CONCERNING IMPEDING OR OBSTRUCTING THE GENERAL ASSEMBLY AND INTERFERENCE WITH OR ASSAULT UPON A STATE CAPITOL POLICE OFFICER.
SUMMARY This bill increases the penalties for certain actions that obstruct the legislative process and makes minor changes to the actions that constitute the offense.
Specifically, the bill (1) increases the penalty for many of the actions currently classified as interfering with the General Assembly, from a class A misdemeanor to a class D felony, and (2) removes certain activities that are currently prohibited.
The bill also makes it a class C felony to obstruct the legislative process while bringing or possessing specified weapons or dangerous devices in General Assembly buildings.
Under current law and the bill, violators of obstructing the legislative process with these weapons or devices must register on the deadly weapon offender registry.
Failure to register is a class D felony.
The bill also explicitly includes members of the State Capitol Police in the laws on (1) interfering with an officer and (2) assaulting certain public safety personnel.
The bill also makes technical and conforming changes.
EFFECTIVE DATE:
October 1, 2021 OBSTRUCTING OR IMPEDING THE LEGISLATIVE PROCESS Under current law, a person is guilty of interfering with the legislative process when he or she, either acting alone or with others, takes certain actions to disrupt or interfere with the General Assembly.
Current law makes some of these actions class A misdemeanors and HB6455 / File No.
471 12 HB6455 File No.
471 others class D felonies.
The bill instead renames these crimes impeding the legislative process and obstructing the legislative process and in doing so, (1) increases the penalties for certain actions and (2) removes various actions, as described below.
Increased Penalties for Obstructing the Legislative Process The bill increases the penalties, from a class A misdemeanor (punishable by up to one-year imprisonment, up to a $2,000 fine, or both) to a class D felony (punishable by up to five years imprisonment, up to a $5,000 fine, or both) for the following actions currently designated as interfering with the General Assembly:
1.
preventingorattemptingtopreventtheGeneralAssemblyorany committee from meeting, either by force, physical interference, intimidation, or by any unlawful act, and with intent to do so;
2.
disturbing, disrupting, or interfering with, or attempting to do so, with intent to do so, any session, meeting, or proceeding of the General Assembly or any committee, whether inside or outside the General Assembly’s presence, by (a) engaging in or using violent, tumultuous, or threatening behavior or language;
(b) making unreasonable noise;
(c) refusing to comply with a lawful order of the police or State Capitol Police to disperse;
or (d) performing any other act that disturbs, disrupts, or interferes with the session, meeting, or proceeding;
and 3.
taking, obtaining, withholding, destroying, defacing, or altering any official document or record of the General Assembly or any committee without legal authority to do so, thus disrupting or interfering with the General Assembly’s functioning.
The bill similarly increases the penalty for taking, obtaining, withholding, destroying, or defacing any property owned or used by the General Assembly or any committee without legal authority to do so.
The bill (1) specifies that this provision applies to property owned and used by General Assembly members, officers, or employees and (2) adds the condition that a person must have known, or a reasonable HB6455 / File No.
471 13 HB6455 File No.
471 person would know, that the property is, or may contain, possess, or provide access to, confidential or proprietary information.
Under the bill, these actions fall under obstructing the legislative process.
Obstructing the legislative process also includes the following actions that current law designates as interfering with the legislative process (and a class D felony under existing law and the bill):
1.
preventing or attempting to prevent General Assembly members, officers, employees, houses, or committees from performing their official functions, powers, or duties, either by force, physical interference, intimidation, or other unlawful act;
and 2.
bringing specified weapons and dangerous devices into any building in which either chamber of the General Assembly is located, or in which the official office of any legislative member, officer, employee, or committee is located, or in which a committee is holding a public hearing (except as described below).
The bill also designates the current crime of coercing performance as obstructing the legislative process.
As under current law, this (1) includes compelling or inducing any General Assembly member, officer, employee, or committee to performactsagainst their willand (2) is a class D felony.
Increased Penalties for Obstructing the Legislative Process with a Weapon or Dangerous Device Under the bill, a person is guilty of a class C felony (punishable by up to 10 years imprisonment, up to a $10,000 fine, or both) if he or she is found guilty of (1) bringing specified weapons and dangerous devices into the General Assembly (as described above) and (2) obstructing the legislative process under any of the other actions described above.
Impeding the Legislative Process The bill narrows the list of actions that are currently designated as HB6455 / File No.
471 14 HB6455 File No.
471 interfering with the legislative process (and are class A misdemeanors) to refusing to leave, upon a lawful order of the police or State Capitol Police, (1) any part of the General Assembly’s chambers, galleries, or offices, or thebuilding in whichthey are located;(2)a GeneralAssembly member’s office or residence;
or (3) any room or building where a legislative hearing or meeting is being conducted.
Fraud The bill eliminates fraud as an element by which someone is found guilty of interfering with the legislative process by:
1.
preventing or attempting to prevent the General Assembly, either house, or any committee from meeting or performing their official functions, powers, and duties;
or 2.
compelling or inducing any General Assembly member, officer, employee, or committee to perform acts against their will.
Abusive or Obscene Language or Gestures Under current law, disturbing, disrupting, or interfering with the General Assembly (as described above) includes doing so by using abusive or obscene language or making an obscene gesture.
The bill eliminates this provision from this crime.
Picketing Under current law, interfering with the legislative process includes picketing, alone or with others, in (1) General Assembly chambers, galleries, or offices;
(2) the office or residence of a General Assembly member;
or (3) where a legislative hearing or meeting is being conducted.
The bill eliminates this provision.
EXCEPTION TO THE PROHIBITION ON BRINGING OR POSSESSING WEAPONS Existing law creates an exception to the prohibition on bringing or possessing weapons in General Assembly buildings for specified public safety personnel (e.g., state or local police) and others (e.g., U.S.
armed forces members and veterans) while performing their official duties.
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471 Under current law, the exception applies to weapons, whether loaded or unloaded, from which a shot may be discharged, or a billy (i.e., baton).
The bill expands this exception by also allowing these specified individuals to bring or possess the following weapons in General Assembly buildings while performing their official duties:
switchblades, gravity knives, blackjacks or bludgeons, metal knuckles, or any other dangerous or deadly weapon or instrument, or any explosive or incendiary, or other dangerous device.
Under current law, no one is permitted to bring or possess these weapons in General Assembly buildings.
STATE CAPITOL POLICE Interference By law, a person interferes with an officer when the person obstructs, resists, hinders, or endangers a peace officer in the performance of his or her duties.
The bill specifically includes State Capitol Police members as peace officers for purposes of this crime.
By law, interfering with an officer is a class A misdemeanor, or if it causes the death or serious physical injury of another person, a class D felony.
Assaulting a Public Safety Officer The bill specifically includes a State Capitol Police member as a peace officer under the enhanced penalty for assaulting certain public safety personnel.
Under the bill, a person commits this crime by assaulting a reasonably identifiable State Capitol Police member performing his or her duties, with intent to prevent the member from performing them, by doing any of the following:
1.
causing injury;
2.
throwing objects capable of causing harm;
3.
using tear gas, mace, or a similar harmful agent;
4.
throwing paint, dye, or any other offensive substance;
or HB6455 / File No.
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471 5.
throwing bodily fluid, such as feces, blood, or saliva.
By law, violators are guilty of a class C felony.
A person arrested for certain serious felonies must provide a blood or DNA sample before being released from custody if he or she was previously convicted of a felony and has not already provided a blood or DNA sample.
The bill makes assaulting a State Capitol Police member a serious felony for this requirement.
COMMITTEE ACTION Judiciary Committee Joint Favorable Yea 27 Nay 10 (03/29/2021) HB6455 / File No.
471 17
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Action History
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FILE NO. 471
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HOUSE CALENDAR NUMBER 340
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/14/21
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0303
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REF. TO JOINT COMM. ON Judiciary
Sponsors
- Steven J. Stafstrom · Primary
- Saud Anwar · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 185 not signed on
Sponsors (2)
- Steven J. Stafstrom Democratic
- Saud Anwar Democratic
Co-sponsors (0)
None.
Not signed on (185)
185 members have not signed on to this bill.
Show all 185 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 6455?
- HB 6455 is sponsored by Steven J. Stafstrom (Democratic) and Saud Anwar (Democratic).
- What is the current status of HB 6455?
- This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 6455?
- Track HB 6455 free on One Click Politics — get push/email alerts when it moves.
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