General Assembly Raised Bill No. 1034
January Session, 2011 LCO No. 3362
*03362_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1034
January Session, 2011
LCO No. 3362
*03362_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING THE PENALTY FOR MANSLAUGHTER WHILE OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUG.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 53a-56b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) (1) A person is guilty of manslaughter in the [second] first degree with a motor vehicle when [,] he commits manslaughter in the first degree as provided in section 53a-55, and in the commission of such offense he [while operating] operates a motor vehicle under the influence of intoxicating liquor or any drug, or both, [he] and thereby causes the death of another person as a consequence of the effect of such liquor or drug.
(2) There shall be a rebuttable presumption that any person who operates a motor vehicle under the influence of intoxicating liquor or drug, or both, and thereby causes the death of another person did so under circumstances evincing an extreme indifference to human life and recklessly engaged in conduct which created a grave risk of death to another person, and thereby caused the death of another person in the manner set forth in subdivision (3) of subsection (a) of section 53a-55.
(3) No person shall be found guilty of manslaughter in the first degree and manslaughter in the first degree with a motor vehicle upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Manslaughter in the [second] first degree with a motor vehicle is a class [C] B felony. [and the] Any person found guilty under this section shall be sentenced to a term of imprisonment in accordance with subdivision (5) of section 53a-35a, as amended by this act, of which five years of the sentence imposed may not be suspended or reduced by the court. The court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.
Sec. 2. Section 53a-35a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
For any felony committed on or after July 1, 1981, the sentence of imprisonment shall be a definite sentence and, unless the section of the general statutes that defines the crime specifically provides otherwise, the term shall be fixed by the court as follows: (1) For a capital felony, a term of life imprisonment without the possibility of release unless a sentence of death is imposed in accordance with section 53a-46a; (2) for the class A felony of murder, a term not less than twenty-five years nor more than life; (3) for the class A felony of aggravated sexual assault of a minor under section 53a-70c, a term not less than twenty-five years or more than fifty years; (4) for a class A felony other than an offense specified in subdivision (2) or (3) of this section, a term not less than ten years nor more than twenty-five years; (5) for the class B felony of manslaughter in the first degree with a firearm under section 53a-55a or manslaughter in the first degree with a motor vehicle under section 53a-56b, as amended by this act, a term not less than five years nor more than forty years; (6) for a class B felony other than manslaughter in the first degree with a firearm under section 53a-55a, a term not less than one year nor more than twenty years; (7) for a class C felony, a term not less than one year nor more than ten years; (8) for a class D felony, a term not less than one year nor more than five years; and (9) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 53a-56b
Sec. 2 October 1, 2011 53a-35a
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
53a-56b
Sec. 2
October 1, 2011
53a-35a
Statement of Purpose:
To make the penalty for the offense of manslaughter with a motor vehicle while under the influence of intoxicating liquor or any drug, or both, consistent with the penalty for manslaughter in the first degree with a firearm and provide for a rebuttable presumption that any person who causes the death of another person while operating a motor vehicle under the influence of intoxicating liquor or drug, or both, did so evincing an extreme indifference to human life in a manner that constitutes manslaughter in the first degree.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]