Public Safety - Criminal Procedures

AN ACT RELATING TO CRIMINAL PROCEDURE — “Dearmas” Search Warrants
S- 2109 Montalbano
H- 7106 Moran

This act authorizes the use of search warrants to obtain items, samples, exemplars, including but not limited to, bodily tissue, fluids, or other bodily substances from the body of a person. This act would take effect upon passage, and would apply, without limitation, to all pending criminal investigations and prosecutions, whether of not defendant has been charged. Under current law, the power to seize bodily tissue, fluids, et al is limited to those cases which occur on or after July 7th, 2004, which is the date of enactment of the law that granted this authority to seize.

AN ACT RELATING TO CRIMINAL OFFENSES — Felony Murder Life Sentence Without Parole
S- 2145 Damiani
H- 6958 Schadone

This act would remove the seven (7) specified first-degree murder situations that allow the court to sentence a defendant to life without the possibility of parole. This act would allow the court to sentence all defendants convicted of first-degree felony murder to life without the possibility of parole.

AN ACT RELATING TO CRIMINAL OFFENSES — Altered Serial Numbers
S- 2148 Damiani
H-7665 Moran

This act would criminalize the possession of a gun with an altered or obliterated serial number. The language mirrors subsection (k), section 922 of Title 18 of USCA, Chapter 44, dealing with firearms. The courts have interpreted this statute to require the prosecution to prove not only the alteration or the obliteration of the serial numbers by a reasonable doubt, but also that the defendant was the person who committed that act or removing or obliterating the serial numbers. As a consequence, the current statute makes it a crime to alter a weapon’s serial number but not to merely possess such a weapon.

AN ACT RELATING TO CRIMINAL OFFENSES — Weapons Discharge in Schools a Felony
S- 2174 Metts
H- 6983 Sullivan

This act would criminalize the unlawful discharge of a firearm on school grounds if said discharge creates a substantial risk of death or serious injury to another person. The purpose of this legislation is to prohibit the unlawful discharge of a firearm on school grounds and to make said discharge as a felony punishable up to ten (10) years and fined not less than five thousand ($5,000.00) dollars but not more than fifty thousand ($50,000.00) dollars or both.

AN ACT RELATING TO CRIMINAL PROCEDURE — Victims Right’s Notification
S- 2110 Tassoni
H- 7136 Church

This act would make the department of corrections responsible for directly notifying victims when an inmate release is ordered or an order of restitution is pending.

AN ACT RELATING TO MOTOR VEHICLES - LEAVING SCENE OF ACCIDENTS — Leaving the Scene of an Accident
S- 2146 Polisena
H- 6960 Pacheco

This act would significantly increase the amount of time a motorist convicted of failing to stop in accidents resulting in personal injury shall have their driver's license suspended.

AN ACT RELATING TO CRIMINAL OFFENSES — Human Trafficking
S- 2769 Doyle
H- 7670 Melo

This bill provides criminal liability to those involved in involuntary servitude and human trafficking. It is a felony to knowingly subject, attempt to, or engage in a conspiracy to subject another person to forced labor or services by: causing or threatening to cause physical harm; physically restraining or threatening to psychically retrain; abusing or threatening to abuse to law or legal process; knowingly destroying concealing or possession any actual or purported passport or other immigration document; or by using intimidation or threatening to cause financial harm or exerting financial control of another.

AN ACT RELATING TO CRIMINAL OFFENSES — DISORDERLY CONDUCT Indecent Exposure/Sexual in Nature
S- 2765 Doyle
H- 7107 Kilmartin

This act would create the offense of indecent exposure/disorderly conduct, a misdemeanor offense punishable by imprisonment of not more than one year, or a fine of not 3 more than one thousand dollars ($1,000).

AN ACT RELATING TO ASSAULTS — Abuse of Adults with Severe Impairments
S- 2185 McCaffrey
H- 7228 Naughton

This act would mandate that a person convicted of abuse and neglect of adults with severe impairments be subject to a fine of not more than two thousand dollars ($2,000), or imprisoned not more than five (5) years, or both, and ordered to make full restitution of any funds obtained as the result of any exploitation which results in the misappropriation of funds.

AN ACT RELATING TO COMMERCIAL LAW — PRECIOUS METALS - Precious Metals Database Expansion
S- 2685 Badeau
H- 7689 Kilmartin

This bills expands the current precious metals licensure requirement by providing that as wells as pawnbrokers, consignment shops must also obtain a license from the State if they engage in the business of buying or receiving for the purpose of selling precious metals to resell to the general public.