Connecticut 2013 Regular Session

Connecticut Senate Bill SB01166 Compare Versions

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11 General Assembly Substitute Bill No. 1166
2-January Session, 2013 *_____SB01166APP___053013____*
2+January Session, 2013 *_____SB01166TRA___052113____*
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44 General Assembly
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66 Substitute Bill No. 1166
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88 January Session, 2013
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1212 AN ACT CONCERNING IGNITION INTERLOCK DEVICES.
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1414 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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1616 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 Subsection (g) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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1818 (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; (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, 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, 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, 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.
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2020 Sec. 2. Section 14-227b of the general statutes is amended by adding subsection (q) as follows (Effective January 1, 2014):
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2222 (NEW) (q) Notwithstanding any provision of this chapter, if the commissioner suspends any operator's license or nonresident operating privilege pursuant to this section, the commissioner shall order such person to install an approved ignition interlock device in each motor vehicle owned or to be operated by such person, in accordance with the time period and requirements set forth in regulations that the commissioner shall adopt in accordance with chapter 54.
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2727 This act shall take effect as follows and shall amend the following sections:
2828 Section 1 October 1, 2013 14-227a(g)
2929 Sec. 2 January 1, 2014 14-227b
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3131 This act shall take effect as follows and shall amend the following sections:
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3333 Section 1
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3535 October 1, 2013
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3737 14-227a(g)
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3939 Sec. 2
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4141 January 1, 2014
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4343 14-227b
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4747 JUD Joint Favorable Subst.
4848 TRA Joint Favorable
49-APP Joint Favorable
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5150 JUD
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5352 Joint Favorable Subst.
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5554 TRA
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5756 Joint Favorable
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59-APP
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61-Joint Favorable