| Old | New | Differences | |
|---|---|---|---|
| 1 | - | General Assembly Substitute Bill No. 6677 | |
| 2 | - | January Session, 2013 *_____HB06677JUD___041913____* | |
| 1 | + | General Assembly Raised Bill No. 6677 | |
| 2 | + | January Session, 2013 LCO No. 5078 | |
| 3 | + | *05078_______JUD* | |
| 4 | + | Referred to Committee on JUDICIARY | |
| 5 | + | Introduced by: | |
| 6 | + | (JUD) | |
| 3 | 7 | ||
| 4 | 8 | General Assembly | |
| 5 | 9 | ||
| 6 | - | ||
| 10 | + | Raised Bill No. 6677 | |
| 7 | 11 | ||
| 8 | 12 | January Session, 2013 | |
| 9 | 13 | ||
| 10 | - | *_____HB06677JUD___041913____* | |
| 14 | + | LCO No. 5078 | |
| 15 | + | ||
| 16 | + | *05078_______JUD* | |
| 17 | + | ||
| 18 | + | Referred to Committee on JUDICIARY | |
| 19 | + | ||
| 20 | + | Introduced by: | |
| 21 | + | ||
| 22 | + | (JUD) | |
| 11 | 23 | ||
| 12 | 24 | AN ACT CONCERNING THE IMPOSITION OF A COMMUNITY SERVICE REQUIREMENT UPON A MINOR WHO PURCHASES TOBACCO PRODUCTS. | |
| 13 | 25 | ||
| 14 | 26 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
| 15 | 27 | ||
| 16 | - | Section 1. Subsection ( | |
| 28 | + | Section 1. Subsection (a) of section 12-295a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): | |
| 17 | 29 | ||
| 18 | - | ( | |
| 30 | + | (a) If the Commissioner of Revenue Services finds, after a hearing, that a minor has purchased cigarettes or tobacco products, said commissioner shall (1) assess such minor a civil penalty of not more than one hundred dollars for the first violation and not more than one hundred fifty dollars for any second or subsequent offense, or (2) order that such minor perform community service, as set forth in section 3 of this act, for a period of time not to exceed twenty hours. | |
| 19 | 31 | ||
| 20 | - | Sec. 2. | |
| 32 | + | Sec. 2. Subsection (c) of section 53-344 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): | |
| 21 | 33 | ||
| 22 | - | (1) | |
| 34 | + | (c) Any person under eighteen years of age who purchases or misrepresents such person's age to purchase tobacco in any form or possesses tobacco in any form in any public place shall (1) be fined not more than [fifty] one hundred dollars for the first offense and not less than [fifty] one hundred dollars or more than one hundred fifty dollars for each subsequent offense, or (2) perform community service, as set forth in section 3 of this act, for a period of time not to exceed twenty hours. For purposes of this subsection, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests. | |
| 23 | 35 | ||
| 24 | - | (2) "Community service plan" means an agreement between the court and the parents or legal guardian of a minor child which specifies (A) the number of required community service hours to be performed by the minor child, (B) the agency where the community service is to be performed, (C) the period of time in which the community service shall be completed, (D) the tentative schedule for completion of the community service, (E) a brief description of the minor child's responsibilities, (F) conditions and sanctions for failure to fulfill the plan, and (G) the supervisor of the plan. | |
| 36 | + | Sec. 3. (NEW) (Effective October 1, 2013) (a) As used in this section, subsection (a) of section 12-295a of the general statutes, as amended by this act, and subsection (c) of section 53-344 of the general statutes, as amended by this act: | |
| 37 | + | ||
| 38 | + | (1) "Community service" means placement by the Commissioner of Revenue Services or the superior court for juvenile matters, as the case may be, of a minor child, found to have violated the provisions of subsection (a) of section 12-295a of the general statutes, as amended by this act, or subsection (c) of section 53-344 of the general statutes, as amended by this act, in an unpaid position with a nonprofit or tax-supported agency for the performance of not more than twenty of hours of work related to the promotion of public health. | |
| 39 | + | ||
| 40 | + | (2) "Community service plan" means an agreement between the Commissioner of Revenue Services or the court, as the case may be, and the parents or legal guardian of a minor child which specifies (A) the number of required community service hours to be performed by the minor child, (B) the type of agency for placement, (C) the period of time in which the community service shall be completed, (D) the tentative schedule, (E) a brief description of the minor child's responsibilities, (F) conditions and sanctions for failure to fulfill the plan, and (G) the supervisor of the plan. | |
| 25 | 41 | ||
| 26 | 42 | (3) "Court" means the superior court for juvenile matters. | |
| 27 | 43 | ||
| 28 | - | (b) | |
| 44 | + | (b) In requiring a minor child to perform community service, the Commissioner of Revenue Services or the court, as the case may be, shall fix the conditions and terms of the community service and shall review the community service plan and, upon approval, order the minor child to complete the community service in accordance with such plan. No community service shall be imposed by the Commissioner of Revenue Services or the court unless a parent or legal guardian of the minor child provides written consent to the community service plan. | |
| 29 | 45 | ||
| 30 | - | (c) Any nonprofit or tax-supported agency administering community service shall | |
| 46 | + | (c) Any nonprofit or tax-supported agency administering community service shall prepare and file with the Commissioner of Revenue Services or the court, as the case may be, a copy of all community service plans and shall notify the commissioner or the court, as the case may be, when a minor child has successfully completed such plan. | |
| 31 | 47 | ||
| 32 | - | (d) In the event of a minor's noncompliance with the terms and conditions of a community service plan, the nonprofit or tax-supported agency administering the community service shall (1) prepare a written statement identifying the minor's acts of noncompliance, and (2) not later than thirty days after making a determination that the minor is noncompliant with the terms and conditions of the community service plan, provide such statement to the court along with a request that community service be terminated and the matter be returned to the court for further disposition. | |
| 33 | - | ||
| 34 | - | Sec. 3. Subsection (b) of section 51-164n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): | |
| 35 | - | ||
| 36 | - | (b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292 or 12-326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, subsection (b) of section 14-66, section 14-66a, 14-66b or 14-67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 as specified in subsection (e) of said section, subdivision (1) of section 14-223a, section 14-240, 14-249, 14-250 or 14-253a, subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-296aa, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-33, subdivision (1) of section 15-97, subsection (a) of section 15-115, section 16-44, 16-256, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137 or 17b-734, subsection (b) of section 17b-736, section 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-249, 20-257, 20-265, 20-324e, 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63 or 21-76a, subdivision (1) of section 21a-19, section 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, subsection (a) of section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b), (e) or (f) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-363, 22a-381d, 22a-449, 22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of section 25-43, section 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-56, 26-58 or 26-59, subdivision (1) of subsection (d) of section 26-61, section 26-64, subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-6a, 29-25, 29-109, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331 [, 53-344] or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section. | |
| 48 | + | (d) Any nonprofit or tax-supported agency administering community service shall prepare a written statement outlining noncompliance by a minor child and shall without unnecessary delay notify the Commissioner of Revenue Services or the court, as the case may be, requesting that community service be terminated and that the matter be returned to the commissioner or the court, as the case may be, for further disposition. | |
| 37 | 49 | ||
| 38 | 50 | ||
| 39 | 51 | ||
| 40 | 52 | ||
| 41 | 53 | This act shall take effect as follows and shall amend the following sections: | |
| 42 | - | Section 1 October 1, 2013 | |
| 43 | - | Sec. 2 October 1, 2013 | |
| 44 | - | Sec. 3 October 1, 2013 | |
| 54 | + | Section 1 October 1, 2013 12-295a(a) | |
| 55 | + | Sec. 2 October 1, 2013 53-344(c) | |
| 56 | + | Sec. 3 October 1, 2013 New section | |
| 45 | 57 | ||
| 46 | 58 | This act shall take effect as follows and shall amend the following sections: | |
| 47 | 59 | ||
| 48 | 60 | Section 1 | |
| 49 | 61 | ||
| 50 | 62 | October 1, 2013 | |
| 51 | 63 | ||
| 52 | - | ||
| 64 | + | 12-295a(a) | |
| 53 | 65 | ||
| 54 | 66 | Sec. 2 | |
| 55 | 67 | ||
| 56 | 68 | October 1, 2013 | |
| 57 | 69 | ||
| 58 | - | ||
| 70 | + | 53-344(c) | |
| 59 | 71 | ||
| 60 | 72 | Sec. 3 | |
| 61 | 73 | ||
| 62 | 74 | October 1, 2013 | |
| 63 | 75 | ||
| 64 | - | ||
| 76 | + | New section | |
| 65 | 77 | ||
| 78 | + | Statement of Purpose: | |
| 66 | 79 | ||
| 80 | + | To provide the Commissioner of Revenue Services and the superior court for juvenile matters with the authority to require that a minor child, found to have purchased tobacco products, complete a program of community service in lieu of the payment of a fine or civil penalty. | |
| 67 | 81 | ||
| 68 | - | JUD Joint Favorable Subst. | |
| 69 | - | ||
| 70 | - | JUD | |
| 71 | - | ||
| 72 | - | Joint Favorable Subst. | |
| 82 | + | [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.] |