| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING THE ENHANCED PENALTY FOR THE SALE OR POSSESSION OF DRUGS NEAR SCHOOLS, DAY CARE CENTERS AND PUBLIC HOUSING PROJECTS. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. Section 21a-267 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 17 | 17 | | |
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| 18 | 18 | | (a) No person shall use or possess with intent to use drug paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance as defined in subdivision (9) of section 21a-240. Any person who violates any provision of this subsection shall be guilty of a class C misdemeanor. |
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| 19 | 19 | | |
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| 20 | 20 | | (b) No person shall deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance. Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor. |
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| 21 | 21 | | |
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| 22 | 22 | | (c) Any person who violates subsection (a) or (b) of this section in or on, or within one thousand five hundred feet or, in a town having a population in excess of sixty thousand, two hundred feet of the perimeter of, the real property comprising a public or private elementary or secondary school during regular school hours or the hours of any school-sponsored activity conducted on such property where students are present and who is not enrolled as a student in such school shall be imprisoned for a term of one year, which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a) or (b) of this section. |
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| 23 | 23 | | |
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| 24 | 24 | | Sec. 2. Section 21a-278a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 25 | 25 | | |
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| 26 | 26 | | (a) Any person eighteen years of age or older who violates section 21a-277 or 21a-278, and who is not, at the time of such action, a drug-dependent person, by distributing, selling, prescribing, dispensing, offering, giving or administering any controlled substance to another person who is under eighteen years of age and is at least two years younger than such person who is in violation of section 21a-277 or 21a-278, shall be imprisoned for a term of two years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278. |
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| 27 | 27 | | |
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| 28 | 28 | | (b) Any person who violates section 21a-277 or 21a-278 by manufacturing, distributing, selling, prescribing, dispensing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person any controlled substance in or on, or within one thousand five hundred feet or, in a town having a population in excess of sixty thousand, two hundred feet of the perimeter of, the real property comprising (1) a public or private elementary or secondary school [, a public housing project] during regular school hours or the hours of any school-sponsored activity conducted on such property where students are present, or (2) a licensed child day care center, as defined in section 19a-77, [that] during the operating hours of such center, which center is identified as a child day care center by a sign posted in a conspicuous place, shall be imprisoned for a term of three years, which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278. To constitute a violation of this subsection, an act of transporting or possessing a controlled substance shall be with intent to sell or dispense in or on, or within one thousand five hundred feet or, in a town having a population in excess of sixty thousand, two hundred feet of the perimeter of, the real property comprising (A) a public or private elementary or secondary school [, a public housing project] during regular school hours or the hours of any school-sponsored activity conducted on such property where students are present, or (B) a licensed child day care center, as defined in section 19a-77, [that] during the operating hours of such center, which center is identified as a child day care center by a sign posted in a conspicuous place. [For the purposes of this subsection, "public housing project" means dwelling accommodations operated as a state or federally subsidized multifamily housing project by a housing authority, nonprofit corporation or municipal developer, as defined in section 8-39, pursuant to chapter 128 or by the Connecticut Housing Authority pursuant to chapter 129.] |
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| 29 | 29 | | |
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| 30 | 30 | | (c) Any person who employs, hires, uses, persuades, induces, entices or coerces a person under eighteen years of age to violate section 21a-277 or 21a-278 shall be imprisoned for a term of three years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278. |
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| 31 | 31 | | |
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| 32 | 32 | | Sec. 3. Section 21a-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 33 | 33 | | |
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| 34 | 34 | | (a) Any person who possesses or has under his control any quantity of any narcotic substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than seven years or be fined not more than fifty thousand dollars, or be both fined and imprisoned; and for a second offense, may be imprisoned not more than fifteen years or be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for any subsequent offense, may be imprisoned not more than twenty-five years or be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned. |
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| 35 | 35 | | |
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| 36 | 36 | | (b) Any person who possesses or has under his control any quantity of a hallucinogenic substance other than marijuana or four ounces or more of a cannabis-type substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than five years or be fined not more than two thousand dollars or be both fined and imprisoned, and for a subsequent offense may be imprisoned not more than ten years or be fined not more than five thousand dollars or be both fined and imprisoned. |
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| 37 | 37 | | |
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| 38 | 38 | | (c) Any person who possesses or has under his control any quantity of any controlled substance other than a narcotic substance, or a hallucinogenic substance other than marijuana or who possesses or has under his control less than four ounces of a cannabis-type substance, except as authorized in this chapter, for a first offense, may be fined not more than one thousand dollars or be imprisoned not more than one year, or be both fined and imprisoned; and for a subsequent offense, may be fined not more than three thousand dollars or be imprisoned not more than five years, or be both fined and imprisoned. |
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| 39 | 39 | | |
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| 40 | 40 | | (d) Any person who violates subsection (a), (b) or (c) of this section in or on, or within one thousand five hundred feet or, in a town having a population in excess of sixty thousand, two hundred feet of the perimeter of, the real property comprising (1) a public or private elementary or secondary school during regular school hours or the hours of any school-sponsored activity conducted on such property where students are present and who is not enrolled as a student in such school, or (2) a licensed child day care center, as defined in section 19a-77, [that] during the operating hours of such center, which center is identified as a child day care center by a sign posted in a conspicuous place, shall be imprisoned for a term of two years, which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a), (b) or (c) of this section. |
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| 41 | 41 | | |
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| 42 | 42 | | (e) As an alternative to the sentences specified in subsections (a) and (b) and specified for a subsequent offense under subsection (c) of this section, the court may sentence the person to the custody of the Commissioner of Correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the Commissioner of Correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the Commissioner of Correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution. |
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| 43 | 43 | | |
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| 44 | 44 | | (f) To the extent that it is possible, medical treatment rather than criminal sanctions shall be afforded individuals who breathe, inhale, sniff or drink the volatile substances defined in subdivision (49) of section 21a-240. |
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| 45 | 45 | | |
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| 46 | 46 | | |
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| 47 | 47 | | |
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| 48 | 48 | | |
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| 49 | 49 | | This act shall take effect as follows and shall amend the following sections: |
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| 50 | 50 | | Section 1 October 1, 2011 21a-267 |
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| 51 | 51 | | Sec. 2 October 1, 2011 21a-278a |
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| 52 | 52 | | Sec. 3 October 1, 2011 21a-279 |
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| 53 | 53 | | |
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| 54 | 54 | | This act shall take effect as follows and shall amend the following sections: |
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| 55 | 55 | | |
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| 56 | 56 | | Section 1 |
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| 57 | 57 | | |
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| 58 | 58 | | October 1, 2011 |
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| 59 | 59 | | |
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| 60 | 60 | | 21a-267 |
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| 61 | 61 | | |
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| 62 | 62 | | Sec. 2 |
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| 63 | 63 | | |
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| 64 | 64 | | October 1, 2011 |
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| 65 | 65 | | |
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| 66 | 66 | | 21a-278a |
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| 67 | 67 | | |
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| 68 | 68 | | Sec. 3 |
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| 69 | 69 | | |
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| 70 | 70 | | October 1, 2011 |
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| 71 | 71 | | |
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| 72 | 72 | | 21a-279 |
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| 73 | 73 | | |
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| 74 | 74 | | |
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| 75 | 75 | | |
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| 76 | 76 | | JUD Joint Favorable Subst. |
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