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CT HB06641

Bill

Status

Passed

5/20/2013

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2013 General Assembly

AI Summary

  • Replaces the term "mentally defective" with "impaired because of mental disability or disease" throughout sexual assault statutes (Sections 53a-71 and 53a-73a), effective October 1, 2013.

  • Expands the definition of "physically helpless" to explicitly include inability to resist or communicate unwillingness to sexual intercourse or sexual contact, not just unconsciousness.

  • Sexual assault in the second degree remains a class C felony (or class B felony if victim is under 16) with a mandatory minimum of nine months imprisonment that cannot be suspended or reduced.

  • Sexual assault in the fourth degree remains a class A misdemeanor (or class D felony if victim is under 16) with updated terminology for mental impairment conditions.

  • Maintains affirmative defenses that actor did not know of victim's incapacity and that defendant and alleged victim were cohabiting by mutual consent at time of offense.

Legislative Description

An Act Concerning The Sexual Assault Of A Person Who Is Physically Helpless Or Whose Ability To Consent Is Otherwise Impaired.

Last Action

Signed by the Governor

5/28/2013

Committee Referrals

Judiciary3/12/2013

Full Bill Text

No bill text available