Lege ponders bill to ignore Fed’l Constitution

Alternate title: CT legislature considers bill seceding from these United States of America.

State Republican Senator Dan Debicella apparently hasn’t heard of the Federal constitution, or doesn’t care that it exists. That can be the only logical explanation for his sponsorship of this bill, which effectively overrules Kennedy v. Louisiana.

The proposed bill would make a sexual assault, under section 53a-70, 53a-70a or 53a-71 of the general statutes, of a child under thirteen years punishable by death.

Now, for those of you with extremely short memories *cough*Debicella*cough*, Kennedy held that:

AWAinCT: We dun’t want yer kind ’round ‘ere

One of the more disturbing provisions being considered by the Lege in adopting the Adam Walsh Act here in Connecticut (and this provisions mirrors one in the actual AWA, I’m told) requires…well read it for yourself:

(d) Any person who is a registered sexual offender under the laws of any other state who enters this state and fails to notify the Commissioner of Public Safety in writing not less than forty-eight hours prior to entering the state of the information required under this section or falsely reports such information shall be guilty of a class D felony.

Oh yes. There is nothing missing from that sentence. If you were looking (and correctly so) for a qualifying clause in that language that required an individual to establish a residence here before being subject to “registration” you didn’t find it because it’s not there. It’s in the proposed subsection (c).

Subsection (d), that I just quoted above, mandates that anyone entering the State, for whatever reason, notify Public Safety 48 hours in advance. This is so silly it’s scary. There are no exceptions for emergencies or unplanned trips or anything. At all.

So if you’re required to register in CA, and are driving through from Yankee Stadium to Fenway Park to see the Yankees sweep the Red Sox and you take I-95 or the Merritt or I-91 or I-84 (all of which pass through Connecticut), you have to call public safety.

If you’re travelling only in NY and the highway you’re on has been shut down due to a nuclear spill and mutants are running wild and you have to divert through CT briefly to avoid becoming a mutant yourself, you have just committed a felony.

In fact, an argument can be made that if you’re flying from NY to CA and the plane makes an emergency landing at Bradley international airport in Windsor Locks, you have just committed a felony.

The rationale, as I understand it, is that the previous “undue delay” requirement wasn’t enough

New CT law blog

Finally, some competition. There’s another CT law blog that’s burst onto the scene, posting about everything and anything. Creatively titled the Nutmeg Lawyer, the blog is written by Adrian Baron of some firm with an almost certainly non-Firefox compatible website.

I think Scott will take a liking to him (although, I don’t really think so, since Baron seems to be a fan of Avvo). The blog has been added to the sidebar.

Domain issues

Folks, I don’t know how much longer this blog will be around. The domain registration is/was up sometime in the past few days/this weekend and I’m fighting with the domain registrar. Apparently, some company put in a bid on the domain and purchased it (I don’t know how that’s possible). I’m trying to get it back, but they tell me that if I’m not successful, the domain will transfer to the new owner sometime next week. I’ll keep you guys posted. Thanks.

The Adam Walsh Act is coming to Connecticut

I only just realized that there’s a bill currently in the legislature implementing the Adam Walsh Act. Folks, this is some nasty, scary shit. For the first time in my life, I think I might be moved enough to call my legislator to oppose this. I will have plenty of posts on the AWA in the coming days, but for now, here’s the bill.

Look ma! No hands intent

facepalmImagine you’re sitting at a dinner table with some friends. You pick up a fork to eat some salad. Suddenly, cops come bursting into your house and arrest you for the murder of your friend who’s sitting across the table. You’re convicted and then the Supreme Court upholds your conviction because you took the first step in a series of actions that could lead to murder.

Welcome to the world of Michael Cyr [pdf]. Except he wasn’t eating dinner with a fork, but rather sitting in his car, drunk, with the key firmly in his pocket. He started the engine with a remote starter and then sat in the driver’s seat, with the key in his pocket. He wasn’t going anywhere, but that didn’t matter to the CT Supreme Court.

So what, you say, he was sitting in the car, with the engine on. It’s reasonable to assume that he meant to drive it drunk. But that’s just the problem. The Supreme Court held that the State does not have to prove intent in cases like this. So he could have been sitting to stay warm, or to sleep in his car. In fact, he could have been trying to avoid driving drunk. But none of that matters. He turned on the engine and sat in the driver’s seat. Therefore, he is guilty of driving under the influence.

The law of DUI in CT is just as ass backwards as this decision. Read from Cyr itself: