Connecticut 2018 Regular Session

Connecticut House Bill HB05553 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 5553
2	2	February Session, 2018 LCO No. 2604
3	3	02604_______JUD
4	4	Referred to Committee on JUDICIARY
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 5553
11	11
12	12	February Session, 2018
13	13
14	14	LCO No. 2604
15	15
16	16	02604_______JUD
17	17
18	18	Referred to Committee on JUDICIARY
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING CRIMINAL LIABILITY IN THE CASE OF DRUG OVERDOSE DEATHS, INCREASING THE PENALTY FOR THE POSSESSION OF A NARCOTIC AND CRIMINALIZING THE MISBRANDING OF SYNTHETIC DRUGS.
25	25
26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. (NEW) (Effective October 1, 2018) (a) A person is guilty of manslaughter by causing the death of another person by drug overdose when (1) such person is convicted of a violation of section 21a-277 or 21a-278 of the general statutes, and (2) another person dies from an overdose directly resulting from the use by such other person of the same controlled substance manufactured, distributed, sold, prescribed, dispensed, compounded or transported with the intent to sell or dispense in violation of section 21a-277 or 21a-278 of the general statutes, for which the person was convicted.
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30	30	(b) Manslaughter by causing a death of another person by drug overdose is a class B felony.
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32	32	Sec. 2. Section 21a-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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34	34	(a) (1) Any person who possesses or has under such person's control any quantity of any controlled substance, except a narcotic substance pursuant to subsection (b) of this section, or less than one-half ounce of a cannabis-type substance and except as authorized in this chapter, shall be guilty of a class A misdemeanor.
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36	36	(2) For a second offense of subdivision (1) of this subsection, the court shall evaluate such person and, if the court determines such person is a drug-dependent person, the court may suspend prosecution of such person and order such person to undergo a substance abuse treatment program.
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38	38	(3) For any subsequent offense of subdivision (1) of this subsection, the court may find such person to be a persistent offender for possession of a controlled substance in accordance with section 53a-40.
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40	40	(b) Any person who possesses or has under such person's control any quantity of a narcotic substance shall be guilty of a class D felony.
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42	42	[(b)] (c) Any person who violates subsection (a) of this section in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school and who is not enrolled as a student in such school or a licensed child care center, as defined in section 19a-77, that is identified as a child care center by a sign posted in a conspicuous place shall be guilty of a class A misdemeanor and shall be sentenced to a term of imprisonment and a period of probation during which such person shall perform community service as a condition of such probation, in a manner ordered by the court.
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44	44	[(c)] (d) 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 described in subdivision (49) of section 21a-240.
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46	46	[(d)] (e) The provisions of subsection (a) or (b) of this section shall not apply to any person (1) who in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if evidence of the possession or control of a controlled substance in violation of subsection (a) or (b) of this section was obtained as a result of the seeking of such medical assistance. For the purposes of this subsection, "good faith" does not include seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.
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48	48	[(e)] (f) No provision of this section shall be construed to alter or modify the meaning of the provisions of section 21a-278.
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50	50	Sec. 3. (NEW) (Effective October 1, 2018) No person may affix any false or forged label to a package or receptacle containing a synthetic drug. Any person who violates the provisions of this section shall be guilty of a class D felony. For the purposes of this section, "synthetic drug" means any substance with properties and effects similar to a hallucinogenic or narcotic substance, but that has a chemical structure that differs slightly from any such hallucinogenic or narcotic substance and is not a controlled substance.
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52	52	Sec. 4. Section 21a-108 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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54	54	(1) No person shall obtain or attempt to obtain a drug covered by subsection (k) of section 21a-106, as amended by this act, or procure or attempt to procure the administration of such drug: (a) By fraud, deceit, misrepresentation or subterfuge; or (b) by the forgery or alteration of a prescription or of any written order; or (c) by the concealment of a material fact; or (d) by the use of a false statement in any prescription, order or report required by this chapter.
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56	56	(2) No person shall manufacture, possess, have under his control, sell, prescribe, administer, dispense or compound any drug covered by said subsection, except as authorized in this chapter.
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58	58	(3) No person shall, for the purpose of obtaining a drug covered by said subsection, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian or other authorized person.
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60	60	(4) No person shall make or utter any false or forged prescription or false or forged written order.
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62	62	(5) No person shall affix any false or forged label to a package or receptacle containing any drug covered by said subsection.
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64	64	(6) No person may offer in any manner or administer any narcotic drug to any person other than the person to whom or for whose use any narcotic drug has been prescribed.
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66	66	Sec. 5. Section 21a-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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68	68	A drug or device shall be deemed to be misbranded:
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70	70	(a) If its labeling is false or misleading in any particular. Any statement on the label or labeling either directly or indirectly implying that the product is recommended or endorsed by any agency of the federal or state government shall be considered misleading, unless the agency concerned has approved the statement prior to its use, or unless such statement is authorized by Section 357(c) of the federal act;
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72	72	(b) If in package form, unless it bears a label containing (1) the name and place of business of the manufacturer, packer or distributor, except that the label of a prescription drug packaged after October 1, 1976, shall contain the name and place of business of the manufacturer of the final dosage form of the drug and, if different, the name and place of business of the packer or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count, provided reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations promulgated by the commissioner and director, acting jointly, or by regulations issued under the federal act;
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74	74	(c) If any information or other word or statement, required by or under authority of this chapter to appear on the label or labeling, is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
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76	76	(d) If it is for use by man and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote or sulphonmethane, or any chemical derivative of any such substance, which derivative has been designated as habit-forming by regulations promulgated under Section 352(d) of the federal act; unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement "Warning-may be habit-forming";
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78	78	(e) (1) If it is a drug, unless (A) its label bears, to the exclusion of any other nonproprietary name, except the applicable systematic chemical name or the chemical formula, (i) the established name, as defined in subdivision (2) of this subsection, of the drug, if such there be, and (ii), in case it is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the established name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein: Provided the requirement for stating the quantity of the active ingredients, other than those specifically named in this paragraph, shall apply only to prescription drugs packaged prior to July 1, 1980, and provided further, the requirement for stating the quantity or proportion of the active ingredients, other than those specifically named in this paragraph, shall apply to all drugs packaged on or after July 1, 1980, except nonprescription drugs which are also cosmetics; and (B) if it is a prescription drug, unless the established name of such drug or ingredient, as the case may be, on such label (and on any labeling on which a name for such drug or ingredient is used) is printed prominently and in type at least half as large as that used thereon for any proprietary name or designation for such drug or ingredient. To the extent that compliance with the requirements of clause (A) (ii) or clause (B) is impracticable, exemptions shall be established by regulations promulgated by the commissioner and director, acting jointly, or by regulations issued under the federal act. (2) As used in this subsection (e), the term, "established name", with respect to a drug or ingredient thereof, means (A) the applicable official name designated pursuant to Section 358 of the federal act, or (B), if there is no such name and such drug, or such ingredient, is an article recognized in an official compendium, then the official title thereof in such compendium, or (C) if neither clause (A) nor clause (B) applies, then the common or usual name, if any, of such ingredient. Where clause (B) applies to an article recognized in the United States Pharmacopoeia and in the Homeopathic Pharmacopoeia under different official titles, the official title used in the United States Pharmacopoeia shall apply unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the Homeopathic Pharmacopoeia shall apply;
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80	80	(f) Unless its labeling bears (1) adequate directions for use and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users; provided, when any requirement of subdivision (1) of this subsection, as applied to any drug or device, is not necessary for the protection of the public health, the commissioner and director, acting jointly, shall promulgate regulations exempting such drug or device from such requirement; provided further, articles exempted under regulations issued under Section 352(f) of the federal act shall also be exempt from the requirements of this subsection;
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82	82	(g) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein; provided the method of packing may be modified with the consent of the commissioner and director, acting jointly, and provided whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States, and not to those of the United States Pharmacopoeia; provided further, in the event of inconsistency between the requirements of this subsection and those of subsection (e) as to the name by which the drug or its ingredients shall be designated, the requirements of subsection (e) shall prevail;
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84	84	(h) If it has been found by the commissioner to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the commissioner and director, acting jointly, by regulations, require as necessary for the protection of public health; provided no such regulations shall be established for any drug recognized in an official compendium until the commissioner has informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body has failed within a reasonable time to prescribe such requirements;
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86	86	(i) (1) If it is a drug and its container is so made, formed or filled as to be misleading or (2) if it is an imitation of another drug or (3) if it is offered for sale under the name of another drug;
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88	88	(j) If it is dangerous to health when used in the dosage, or with the frequency or duration, prescribed, recommended or suggested in the labeling thereof;
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90	90	(k) If it is a legend drug, as defined in subdivision (14) of section 20-571, that is not administered, dispensed, prescribed or otherwise possessed or distributed in accordance with federal and state laws and regulations;
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92	92	(l) If it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with such packaging and labeling requirements contained in regulations issued under the federal act;
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94	94	(m) In the case of any prescription drug distributed or offered for sale in any state, unless the manufacturer, packer or distributor thereof includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer or distributor with respect to that drug a true statement of (1) the established name, as defined in subsection (e) (2) of this section, printed prominently and in type at least half as large as that used for any trade or brand name thereof, (2) the formula showing quantitatively each ingredient of such drug to the extent required for labels under subsection (e) of this section, and (3) such other information in brief summary relating to side effects, contraindications and effectiveness as required in regulations issued under the federal act unless it is a drug which has been exempted from the labeling provisions of the federal act, as effective on April 26, 1974, or is permitted to be sold without a prescription under the federal act, as effective on said date;
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96	96	(n) If it is a drug and was manufactured, prepared, propagated, compounded or processed in an establishment in this state not duly registered under section 21a-70;
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98	98	(o) If it is, or purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin or any other antibiotic drug, or any derivative thereof, unless (1) it is from a batch with respect to which a certificate or release has been issued pursuant to Section 357 of the federal act, and (2) such certificate or release is in effect with respect to such drug; provided that this subsection shall not apply to any drug or class of drugs exempted by regulations promulgated under Section 357 (c) or (d) of the federal act. For the purpose of this subsection, "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance which is produced by a microorganism and which has the capacity to inhibit or destroy microorganisms in dilute solution, and the chemically synthesized equivalent of any such substance; and
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100	100	(p) If it is an opiate, as defined in section 21a-240, and the label does not clearly warn of the drug's addiction-forming or addiction-sustaining qualities.
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102	102
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105	105	This act shall take effect as follows and shall amend the following sections:
106	106	Section 1 October 1, 2018 New section
107	107	Sec. 2 October 1, 2018 21a-279
108	108	Sec. 3 October 1, 2018 New section
109	109	Sec. 4 October 1, 2018 21a-108
110	110	Sec. 5 October 1, 2018 21a-106
111	111
112	112	This act shall take effect as follows and shall amend the following sections:
113	113
114	114	Section 1
115	115
116	116	October 1, 2018
117	117
118	118	New section
119	119
120	120	Sec. 2
121	121
122	122	October 1, 2018
123	123
124	124	21a-279
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126	126	Sec. 3
127	127
128	128	October 1, 2018
129	129
130	130	New section
131	131
132	132	Sec. 4
133	133
134	134	October 1, 2018
135	135
136	136	21a-108
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138	138	Sec. 5
139	139
140	140	October 1, 2018
141	141
142	142	21a-106
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144	144	Statement of Purpose:
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146	146	To establish the crime of manslaughter by causing a death of another person by drug overdose, make possession of a narcotic a class D felony, to criminalize the false labeling of synthetic drugs to include as illegally supplying a drug, a prescribed narcotic to a person for whom it is not prescribed and to require opiates be labeled to better warn of addictive qualities.
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148	148	[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.]