§ 53a-40b — Additional term of imprisonment authorized for offense committed while on release.

Connecticut § 53a-40b

• Jurisdiction: Connecticut
• Title 53a: Penal Code
• Ch. 952: Penal Code: Offenses

Text

A person convicted of an offense committed while released pursuant to sections 54-63a to 54-63g, inclusive, or sections 54-64a to 54-64c, inclusive, other than a violation of section 53a-222 or 53a-222a, may be sentenced, in addition to the sentence prescribed for the offense to (1) a term of imprisonment of not more than ten years if the offense is a felony, or (2) a term of imprisonment of not more than one year if the offense is a misdemeanor.

Legislative History

(P.A. 90-213, S. 54; P.A. 98-90, S. 2; P.A. 10-36, S. 21.) History: P.A. 98-90 excepted convictions under Sec. 53a-222 from provisions of section; P.A. 10-36 excepted convictions under Sec. 53a-222a from provisions of section, effective July 1, 2010. Question of whether defendant was on release at time of the offense for which he was convicted and therefore subject to enhanced penalty was not reasonably in dispute, was conceded as fact by defendant, and did not require a jury determination. 280 C. 69. Although the state may not use the erased records to prove the basis for the sentence enhancement, the erasure provisions of Sec. 54-142a do not prohibit the imposition of a sentence enhancement pursuant to this section after the records pertaining to the charges for which defendant was on pretrial release have been erased. 319 C. 494. Jury hearing not constitutionally required for enhanced sentence based on prior conviction; enhanced penalty provisions do apply to defendant who committed second crime while released on written promise to appear. 62 CA 34. Trial court lacked jurisdiction to consider defendant's claim that sentencing court failed to articulate any reason for enhancing his sentence. 93 CA 61.