For purposes of this part:
(1) An “official proceeding” is any proceeding held or which may be held before any legislative, judicial, administrative or other agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner or notary or other person taking evidence in connection with any proceeding.
(2) “Benefit” means monetary advantage, or anything regarded by the beneficiary as a monetary advantage, including benefit to any person or entity in whose welfare the beneficiary is interested.
(3) “Public servant” is an officer or employee of government or a quasi-public agency, as defined in section 1-120, elected or appointed, and any person participating as advisor, consultant or otherwise, paid or unpaid, in performing a governmental function.
(4) “Government” includes any branch, subdivision or agency of the state or any locality within it.
(5) “Labor official” means any duly appointed or elected representative of a labor organization or any duly appointed or elected trustee or representative of an employee welfare trust fund.
(6) “Witness” is any person summoned, or who may be summoned, to give testimony in an official proceeding.
(7) “Juror” is any person who has been drawn or summoned to serve or act as a juror in any court.
(8) “Physical evidence” means any article, object, document, record or other thing of physical substance which is or is about to be produced or used as evidence in an official proceeding.
(9) “Person selected to be a public servant” means any person who has been nominated or appointed to be a public servant.
(1969, P.A. 828, S. 148; P.A. 80-479, S. 1; P.A. 99-240, S. 12; June 11 Sp. Sess. P.A. 08-3, S. 7.)
History: P.A. 80-479 substituted “monetary advantage” for “gain or advantage” in Subdiv. (2), specified “paid or unpaid” advisors or consultants in Subdiv. (3) and added Subdiv. (9) defining “person selected to be a public servant”; P.A. 99-240 made definitions applicable to new Sec. 53a-151a but specific reference not added since said Sec. already included in existing reference to “this part” and made a technical change in Subdiv. (2) for purposes of gender neutrality; June 11 Sp. Sess. P.A. 08-3 redefined “public servant” in Subdiv. (3) to include reference to quasi-public agency.
Cited. 172 C. 458; 200 C. 664; 201 C. 379.
Cited. 2 CA 204; 22 CA 449; 40 CA 643. Section defines official proceeding as broadly covering presently instituted proceedings, as well as future proceedings that “may be held”; definition of witness includes those who have already been summoned to testify, as well as those who may be called to testify in the future. 160 CA 251.
Notes of Decisions
Cited in
28
cases (
5 in the last 5 years), 1977–2023 · leading case:
State v. Pommer, 955 A.2d 637 (Conn. App. Ct. 2008).
State v. Pommer, 955 A.2d 637 (Conn. App. Ct. 2008).
· cites it 6× “Finally, he contends that the testimony with which he allegedly had interfered must have been testimony given under oath because General Statutes § 53a-146 (1) defines “official proceeding” by limiting it to a proceeding in which evidence may be taken under oath, and there was…”
Rizzuto v. Davidson Ladders, Inc., 905 A.2d 1165 (Conn. 2006).
· cites it 4× “" [11] General Statutes § 53a-155 (a) provides: "A person is guilty of tampering with or fabricating physical evidence if, believing that an official proceeding is pending, or about to be instituted, he: (1) Alters, destroys, conceals or removes any record, document or thing…”
State v. Stephenson, 207 Conn. App. 154 (Conn. App. Ct. 2021).
· cites it 8× “Specifically, he claims that the state failed to prove that any materials in the prosecutors’ case files constituted ‘‘physical evidence’’ as defined by General Statutes § 53a-146 (8). The state responds that the text of § 53a- 155 does not incorporate the definition of physical…”
State v. Lamantia, 336 Conn. 747 (Conn. 2020).
· cites it 5× “’’ General Statutes § 53a-146 (1). A ‘‘ ‘[w]it- ness’ is any person summoned, or who may be sum- moned, to give testimony in an official proceeding.”
State v. Sabato, 138 A.3d 895 (Conn. 2016).
· cites it 4× “Section 53a-151a (a) provides in relevant part: "A person is guilty of intimidating a witness when, believing that an official proceeding is pending or about to be instituted, such person uses, attempts to use or threatens the use of physical force against a witness or another…”
State v. Stephenson, 201 A.3d 427 (Conn. App. Ct. 2019).
· cites it 5× “The defendant also argues that, in order to convict him of attempting to tamper with physical evidence, the state was required to prove beyond a reasonable doubt that the documents or materials he attempted to tamper with qualified as "physical evidence" within the meaning of…”
State v. Carr, 374 A.2d 1107 (Conn. 1977).
· cites it 4× “See General Statutes § 53a-146 (3). He only claims that a police officer has no decision-making powers involving discretion.”
State v. Cavallo, 513 A.2d 646 (Conn. 1986).
· cites it 4× “” The defendant does not challenge the precision of the terms “witness” and “official proceeding,” which are defined in General Statutes § 53a-146. 4 Instead, he claims that the statute’s flaw lies in its failure to define the term “induces or attempts to induce.”
Khan v. Yale Univ., 347 Conn. 1 (Conn. 2023).
· cites it 3× “) General Statutes § 53a-146 (1) defines an ‘‘official proceeding’’ as ‘‘any proceeding held or which may be held before any legislative, judicial, admin- istrative or other agency or official authorized to take evidence under oath, including any referee, hearing examiner,…”
State v. Lee, 52 A.3d 736 (Conn. App. Ct. 2012).
· cites it 4× “He contends that, pursuant to General Statutes § 53a-146 (6), “[a] witness .”
State v. Lamantia, 187 A.3d 513 (Conn. App. Ct. 2018).
· cites it 4× “General Statutes § 53a-146(6). The statutory scheme also includes a broad definition of official proceeding, that is, any proceeding held or which may be held before any legislative, judicial, administrative, or other agency or official authorized to take evidence under oath,…”
State v. Guadalupe, 786 A.2d 494 (Conn. App. Ct. 2001).
· cites it 4× “2d 134 (1984), determined that the definition of “public servant” in General Statutes § 53a-146 (3) applies to § 53a-130.”
— Conn. Gen. Stat. § 53a-146(1) — 1 case
State v. Lamantia, 187 A.3d 513 (Conn. App. Ct. 2018).
“General Statutes § 53a-146(6). The statutory scheme also includes a broad definition of official proceeding, that is, any proceeding held or which may be held before any legislative, judicial, administrative, or other agency or official authorized to take evidence under oath,…”
— Conn. Gen. Stat. § 53a-146(3) — 1 case
— Conn. Gen. Stat. § 53a-146(6) — 1 case
State v. Lamantia, 187 A.3d 513 (Conn. App. Ct. 2018).
“General Statutes § 53a-146(6). The statutory scheme also includes a broad definition of official proceeding, that is, any proceeding held or which may be held before any legislative, judicial, administrative, or other agency or official authorized to take evidence under oath,…”
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