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Objection to An Act Concerning Jessica’s Law

Fri, 09/12/2008 - 00:12 — jhammond

 

June 1, 2007
 
 
Hon. Andrew J. McDonald, Senator
Hon. Michael P. Lawlor, House Representative
Chairmen, Judiciary Committee
Room 2500, Legislative Office Building
Hartford, CT 06106
 
Hon. James A. Amann
Speaker of the House
Legislative Office Building, Room 4105
Hartford, Connecticut 06106-1591
 
Hon. Christopher G. Donovan
House Majority Leader
Legislative Office Building, Room 4106
Hartford, Connecticut 06106-1591
 
Hon. Lawrence Cafero
House Republican Leader
Legislative Office Building, Room 4200
Hartford, Connecticut 06106-1591
 
Re:     Substitute Senate Bill No. 1458
            Objection to An Act Concerning Jessica’s Law
 
Dear Speaker Amann and Members of the House and Senate:
 
            The Connecticut Criminal Defense Lawyers Association opposes the passing of Substitute Senate Bill No. 1458 now pending before the House of Representatives. This Bill is known as “An Act Concerning Jessica’s Law”. The CCDLA urges the members of the House to vote against enacting this legislation as it is adverse to the interests of the citizens of Connecticut.
 
            The Connecticut Criminal Defense Lawyers Association has vigorously fought to support passage of raised Bill 1457, An Act Concerning Consensual Activity Between
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Adolescents Close in Age to Each Other. The purpose of the Bill is to decriminalize consensual sexual activity between adolescents. Currently, Connecticut General Statute §53a-71 (sexual assault in the 2nd degree) provides for a 2-year safe haven for consensual sexual activity between adolescents. We have forcefully lobbied for years to expand the safe haven time frame from 2 years to 4 years. The purpose of this amendment is not intended to encourage sexual activity among teenagers, but recognizes the reality that adolescents do engage in consensual sexual activity. We are advocating an amendment to the existing law to remove the risk of an adolescent having a felony conviction with mandatory minimum prison terms, as well as mandatory sex offender registration.
 
            Unfortunately, our request for amending the sexual assault in the 2nd degree statute has been incorporated into An Act Concerning Jessica’s Law. The act contains 14 different sections. On the positive side, section 1 does increase the safe haven window from 2 years to 3 years. Unfortunately, the balance of the act includes revising the applicable Connecticut General Statutes and calls for the imposition of mandatory minimum prison sentences. This includes a mandatory terms of imprisonment of  25 and 50 years for aggravated sexual assaults.
 
            The Connecticut Criminal Defense Lawyers Association cannot support an act that calls for the imposition of mandatory minimum sentences. Although we would like to see the safe haven window increased as proposed, we cannot support the Bill in light of the modification to existing sentencing laws requiring the imposition of mandatory minimum sentences. The imposition of mandatory minimum sentences will hinder the plea bargaining process which efficiently ensures convictions, clog the trial dockets of the Connecticut Courts as defendants would rather take their chances at trial in the face of a 25 year mandatory minimum sentence, and cost the taxpayers of Connecticut considerably more money.  More children will be forced to testify and relive their victimization.  In addition, mandatory minimum sentences undermine judicial discretion in sentencing and fail to account for the individual circumstances of each case.  Judges are uniquely qualified to fairly and in an unbiased manner impose appropriate sentences in each case. 
 
 
            The Connecticut Criminal Defense Lawyers Association is a statewide organization of 300+ lawyers dedicated to defending persons accused of criminal offenses. Founded in 1988, CCDLA works to improve the criminal justice system by ensuring that the individual rights guaranteed by the Connecticut and United States Constitutions are applied fairly and equally and that those rights are not diminished.
 


 

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Accordingly, CCDLA opposes the passage of Substitute Senate Bill 1458, An Act Concerning Jessica’s Law.
 
Thank you for your consideration.
 
                                                                                                Respectfully Submitted,
 
 
                                                                                                _________________, Esq.
                                                                                               
                                                                                                EDWARD J. GAVIN
                                                                                                Vice-President, CCDLA