General Assembly Raised Bill No. 1166
January Session, 2013 LCO No. 5549
*05549_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1166
January Session, 2013
LCO No. 5549
*05549_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING INSTALLATION, USE AND ENFORCEMENT REGARDING IGNITION INTERLOCK DEVICES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (g) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(g) Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the one-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, as amended by this act; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days or until the date of such person's twenty-first birthday, whichever is longer, and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, as amended by this act, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program or an ignition interlock device service center, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, as amended by this act, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program or an ignition interlock device service center; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years for conviction of a third violation within ten years after a prior conviction for the same offense, or be imprisoned not more than five years for conviction of a fourth or subsequent violation within ten years after a prior conviction for the same offense, one year of [which] either such sentence may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense, except that if such person's revocation is reversed or reduced pursuant to subsection (i) of section 14-111, such person shall be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, as amended by this act, for the time period prescribed in subdivision (2) of subsection (i) of section 14-111. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.
Sec. 2. Subsection (b) of section 14-227j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(b) Any person who has been arrested for a violation of subsection (a) of section 14-227a, section 53a-56b, or section 53a-60d, [may] shall be ordered by the court not to operate any motor vehicle unless such motor vehicle is equipped with an ignition interlock device. Any such order [may] shall be made as a condition of such person's release on bail, as a condition of probation or as a condition of granting such person's application for participation in the pretrial alcohol education program under section 54-56g and may include any other terms and conditions as to duration, use, proof of installation or any other matter that the court determines to be appropriate or necessary.
Sec. 3. Subsection (g) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(g) The commissioner may place a restriction on the motor vehicle operator's license of any person or on any special operator's permit issued to any person in accordance with the provisions of section 14-37a that restricts the holder of such license or permit to the operation of a motor vehicle that is equipped with an approved ignition interlock device, as defined in section 14-227j, as amended by this act, for such time as the commissioner shall prescribe, if such person has been: (1) Convicted for a first or second time of a violation of subdivision (2) of subsection (a) of section 14-227a, and has served not less than forty-five days of the prescribed period of suspension for such conviction, in accordance with the provisions of subsections (g) and (i) of section 14-227a, as amended by this act; (2) ordered by the Superior Court not to operate any motor vehicle unless it is equipped with an approved ignition interlock device, in accordance with the provisions of section 14-227j, as amended by this act; (3) granted a reversal or reduction of such person's license suspension or revocation, in accordance with the provisions of subsection (i) of section 14-111; (4) issued a motor vehicle operator's license upon the surrender of an operator's license issued by another state and such previously held license contains a restriction to the operation of a motor vehicle equipped with an ignition interlock device; (5) convicted of a violation of section 53a-56b or 53a-60d; or (6) permitted by the commissioner to be issued or to retain an operator's license subject to reporting requirements concerning such person's physical condition, in accordance with the provisions of subsection (e) of this section and sections 14-45a to 14-46g, inclusive. If the commissioner places a restriction on the motor vehicle operator's license of any person or on any special operator's permit issued to any person in accordance with this subsection, the commissioner shall issue a new operator's license or special operator's permit to such person that indicates that such license or permit is subject to such restriction. The commissioner may charge such person a fee for such license or permit in accordance with the applicable fee for such license or permit set forth in section 14-41.
Sec. 4. (NEW) (Effective October 1, 2013) (a) Whenever any motor vehicle which may have been used by a person required to install an ignition interlock device pursuant to section 14-227a of the general statutes, as amended by this act, has been seized pursuant to this section as a result of a lawful arrest for failure to install or use such ignition interlock device and which the state seeks to have disposed of in accordance with the provisions of this section, the law enforcement agency arresting the person accused of such violation shall, not later than ten days after such seizure, cause to be left with the owner of, and with any person claiming of record a bona fide lien, lease or security interest in the vehicle so seized as of the date of seizure, or at such person's usual place of abode or business, a summons notifying the owner and any such other person claiming such lien, lease or security interest that the motor vehicle has been seized, that the owner or the owner's agent, permittee or lessee may secure release of the motor vehicle upon substitution of a bond or other security as provided in section 6 of this act and that the owner or other person claiming such lien, lease or security interest shall appear before the court at a place and time named in such notice which shall be not less than ten, nor more than twenty, days after the service thereof. The summons shall be signed by a clerk of the court and service shall be made by a local or state police officer or by registered or certified mail. The summons shall describe the motor vehicle with reasonable certainty and state when, where and why the motor vehicle was seized.
(b) The owner or any other person claiming such lien, lease or security interest in the motor vehicle who has received notice of its seizure pursuant to subsection (a) of this section or any other person claiming such lien, lease or security interest in the motor vehicle may appear at such hearing. The hearing shall be deemed a civil suit in equity. At such hearing the prosecuting authority shall have the burden of proving all material facts by clear and convincing evidence. No testimony offered or evidence produced by such owner or person claiming a lien, lease or security interest at such hearing and no evidence discovered as a result of or otherwise derived from such testimony or evidence may be used against such owner or person claiming a lien, lease or security interest in any proceeding, except that no such owner or person claiming a lien, lease or security interest shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. If, after such hearing, the court finds that the prosecuting authority has failed to meet its burden of showing that the motor vehicle was used without an ignition interlock device installed in violation of section 14-227a of the general statutes, as amended by this act, or has failed to meet its burden of showing that such owner or person claiming a lien, lease or security interest knew or reasonably should have known that such motor vehicle was being used or was intended to be used in such violation, the court shall order that such motor vehicle be released to such owner or person claiming a lien, lease or security interest or shall take such other action as may be necessary to protect the interest of such owner or person claiming a lien, lease or security interest.
(c) Upon conviction of a person for failure to operate a motor vehicle with an ignition interlock device installed in violation of section 14-227a of the general statutes, as amended by this act, the court may render a judgment that the motor vehicle used in the commission of the offense be forfeited to the state, except that if any such motor vehicle is subject to a bona fide lien, lease or security interest, such motor vehicle shall not be so disposed of in violation of the rights of the holder of such lien, lease or security interest. Whenever any motor vehicle has been ordered forfeited to the state under this section, the court shall order that such motor vehicle be sold at public auction and the proceeds: (1) Applied to payment of the balance due on any lien, lease or security interest recognized or preserved by the court; (2) applied to payment of any costs incurred for the storage, maintenance and forfeiture of such vehicle; and (3) any remainder be deposited in the General Fund.
(d) Upon final disposition other than a conviction for operating a motor vehicle without an ignition interlock device installed in violation of section 14-227a of the general statutes, as amended by this act, the court shall order the motor vehicle returned to its owner.
(e) If the court concludes that a motor vehicle previously owned by the arrested person would have been subject to forfeiture under this section but for the fact that it was transferred by the arrested person prior to the judgment of forfeiture with the intention of preventing its forfeiture under this section, the court may set aside such transfer. The court may also render any other appropriate order reasonably necessary to protect the rights of any innocent party to any such transfer.
(f) At any time prior to or after a judgment of forfeiture under this section, the prosecuting authority may compromise or otherwise remit or mitigate in whole or in part any claim or potential claim of the state arising under this section.
Sec. 5. (NEW) (Effective October 1, 2013) No motor vehicle shall be forfeited under sections 4 to 6, inclusive, of this act to the extent of the interest of an owner, lienholder, lessor or holder of a security interest by reason of an act or omission committed by another person unless such owner, lienholder, lessor or holder of a security interest knew or reasonably should have known that such motor vehicle was being used or was intended to be used without an ignition interlock device installed in a violation of section 14-227a of the general statutes, as amended by this act. No motor vehicle that is jointly owned shall be forfeited under sections 4 to 6, inclusive, of this act unless all owners of record knew or reasonably should have known that such motor vehicle was being used or was intended to be used in such violation.
Sec. 6. (NEW) (Effective October 1, 2013) (a) Any motor vehicle seized in connection with the arrest of a person for operating a motor vehicle without an ignition interlock device installed in violation of section 14-227a of the general statutes, as amended by this act, shall be released to the owner thereof or the owner's agent, permittee or lessee upon the substitution of cash or a bond with surety or a lien on any other property of the owner or the owner's agent, permittee or lessee which has a net equity value equal to or greater than the fair market value of the motor vehicle.
(b) If a motor vehicle seized in connection with the arrest of a person for such violation is released pursuant to subsection (a) of this section and such arrested person is convicted of such violation, the owner of the motor vehicle or the owner's agent, permittee or lessee shall deliver the motor vehicle in substantially the same condition as when it was seized, reasonable wear and tear excepted, not later than five days after the judgment of forfeiture to the party designated by the court in such judgment. If the motor vehicle is delivered as ordered, the court shall order the bond or other security substituted pursuant to subsection (a) of this section to be returned to the owner or the owner's agent, permittee or lessee. If the motor vehicle is not so delivered, the court shall order such bond or other security to be forfeited and the proceeds disposed of as provided in subdivisions (1) to (3), inclusive, of subsection (c) of section 4 of this act.
(c) If the arrested person is not convicted of such violation, the court shall order the bond or other security substituted pursuant to subsection (a) of this section to be returned to the owner or the owner's agent, permittee or lessee.
Sec. 7. Subdivision (9) of subsection (i) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(9) (A) Any person required to install an ignition interlock device under this section shall be supervised by personnel of the Court Support Services Division of the Judicial Branch while such person is subject to probation supervision or by personnel of the Department of Motor Vehicles if such person is not subject to probation supervision, and such person shall be subject to any other terms and conditions as the commissioner may prescribe and any provision of the general statutes or the regulations adopted pursuant to subdivision (3) of this subsection not inconsistent herewith.
(B) Any person required to install an ignition interlock device under this section who does not install such ignition interlock device pursuant to a claim that such person does not operate a motor vehicle may be required by the division or department, as the case may be, to submit to daily electronic sobriety monitoring during the period that such person is required to install such ignition interlock device but fails to do so. Such daily electronic sobriety monitoring shall consist of morning and evening chemical analysis of such person's breath to determine that such person has not consumed alcohol. Such person may be required to pay the cost of such monitoring in an amount not to exceed one thousand dollars annually, unless such person is indigent under the criteria set forth in subsection (b) of section 52-259b. Any person who violates the provisions of this subparagraph shall be guilty of a class C misdemeanor.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 14-227a(g)
Sec. 2 October 1, 2013 14-227j(b)
Sec. 3 October 1, 2013 14-36(g)
Sec. 4 October 1, 2013 New section
Sec. 5 October 1, 2013 New section
Sec. 6 October 1, 2013 New section
Sec. 7 October 1, 2013 14-227a(i)(9)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
14-227a(g)
Sec. 2
October 1, 2013
14-227j(b)
Sec. 3
October 1, 2013
14-36(g)
Sec. 4
October 1, 2013
New section
Sec. 5
October 1, 2013
New section
Sec. 6
October 1, 2013
New section
Sec. 7
October 1, 2013
14-227a(i)(9)
Statement of Purpose:
To: (1) Establish a heightened penalty for a fourth or subsequent conviction of operating a motor vehicle under the influence of intoxicating liquor or drugs, (2) prohibit persons arrested for crimes involving the operation of a motor vehicle while under the influence of intoxicating liquor or drug from operating a motor vehicle unless it is equipped with an ignition interlock device, (3) establish a specific identifiable operator's license or special operator's permit for persons subject to a restriction on such license or permit that restricts operation of a motor vehicle unless it is equipped with an approved ignition interlock device, (4) permit the forfeiture of a motor vehicle used by a person required to install an ignition interlock device who fails to do so, and (5) require daily electronic sobriety monitoring for persons who claim to have no motor vehicle and therefore do not install an approved ignition interlock device in a motor vehicle.
[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.]