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CT SB00918

Bill

Status

Engrossed

6/4/2011

Primary Sponsor

Antonietta Boucher

Click for details

Origin

Senate

2011 General Assembly

AI Summary

  • Replaces "mentally defective" and "physically helpless" standards in sexual assault statutes with a unified standard: when a person's ability to communicate lack of consent is substantially impaired due to mental or physical condition and the actor knows or reasonably should know of this impairment.

  • Applies the revised standard to both sexual assault in the second degree (Class B or C felony) and sexual assault in the fourth degree (Class D felony or Class A misdemeanor).

  • Removes definitions of "mentally defective" and "physically helpless" from the general statutes and retains "mentally incapacitated" (temporary incapacity from drugs or other acts without consent).

  • Modifies affirmative defense provisions to apply to cases involving mental incapacity, removing references to the eliminated "mentally defective" and "physically helpless" categories.

  • Updates cross-references in criminal offense statutes to reflect renumbered subdivisions in the amended sexual assault provisions, effective October 1, 2011.

Legislative Description

An Act Concerning The Sexual Assault Of Persons Whose Ability To Communicate Lack Of Consent Is Substantially Impaired.

Last Action

House Calendar Number 612

6/5/2011

Committee Referrals

Judiciary2/8/2011

Full Bill Text

No bill text available