Connecticut 2018 Regular Session

Connecticut Senate Bill SB00510 Compare Versions

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

Old	New	Differences
1	1	General Assembly Raised Bill No. 510
2	2	February Session, 2018 LCO No. 2600
3	3	02600_______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. 510
11	11
12	12	February Session, 2018
13	13
14	14	LCO No. 2600
15	15
16	16	02600_______JUD
17	17
18	18	Referred to Committee on JUDICIARY
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
23	23
24	24	AN ACT CREATING DRUG DEALER CIVIL LIABILITY AND CONCERNING THE DEALING OF PRESCRIPTION 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) As used in this section:
29	29
30	30	(1) "Illegal drug" means a drug the distribution of which is a violation of state law.
31	31
32	32	(2) "Illegal drug market" means the support system of illegal drug- related operations, from production to retail sales, through which an illegal drug reaches the user.
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34	34	(3) "Individual drug user" means an individual whose illegal drug use is the basis of an action brought under this section.
35	35
36	36	(4) "Participate in the illegal drug market" means to distribute, possess with an intent to distribute or commit an act intended to facilitate the marketing or distribution of an illegal drug, or to agree to distribute, possess with an intent to distribute or commit an act intended to facilitate the marketing and distribution of an illegal drug, but does not include the purchase or receipt of an illegal drug for personal use only.
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38	38	(5) "Person" means an individual, a governmental entity or a corporation, limited liability company, firm, trust, partnership or incorporated or unincorporated association organized under or authorized by the laws of this state, another state or a foreign country.
39	39
40	40	(6) "Period of illegal drug use" means, in relation to an individual drug user, the time from the individual drug user's first use of an illegal drug to the accrual of the right of action.
41	41
42	42	(7) "Place of illegal drug activity" means, in relation to an individual drug user, each assembly district in which the individual drug user possesses or uses an illegal drug or in which the individual drug user resides, attends school or is employed during the period of the individual drug user's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence.
43	43
44	44	(b) A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this section. A person may recover damages under this section for injury resulting from an individual drug user's use of an illegal drug.
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46	46	(c) A law enforcement officer or agency, the state or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the illegal drug market if the participation is in furtherance of an official investigation.
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48	48	(d) One or more of the following persons may bring an action for damages caused by an individual drug user's use of an illegal drug:
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50	50	(1) A parent, legal guardian, child, spouse or sibling of the individual drug user;
51	51
52	52	(2) An individual who was exposed to an illegal drug in utero;
53	53
54	54	(3) An employer of the individual drug user;
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56	56	(4) A medical facility, insurer, governmental entity, employer or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user; and
57	57
58	58	(5) A person injured as a result of the wilful, reckless or negligent actions of an individual drug user.
59	59
60	60	(e) A person entitled to bring an action under this section may seek damages from one or more of the following:
61	61
62	62	(1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; and
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64	64	(2) A person who knowingly participated in the illegal drug market if (A) the place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant, (B) the defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user, and (C) the defendant participated in the illegal drug market at any time during the individual drug user's period of illegal drug use.
65	65
66	66	(f) A person entitled to bring an action under this section may recover all of the following:
67	67
68	68	(1) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury and any other pecuniary loss proximately caused by an individual drug user's illegal drug use;
69	69
70	70	(2) Noneconomic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary loss proximately caused by an individual drug user's illegal drug use;
71	71
72	72	(3) Punitive damages;
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74	74	(4) Reasonable attorney's fees; and
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76	76	(5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
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78	78	Sec. 2. Subsections (a) and (b) of section 21a-277 of the 2018 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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80	80	(a) (1) No person may manufacture, distribute, sell, prescribe, dispense, compound, transport with the intent to sell or dispense, possess with the intent to sell or dispense, offer, give or administer to another person, except as authorized in this chapter, any controlled substance, including, but not limited to, any such substance prescribed to a person other than the purchaser or recipient or intended purchaser or recipient of such prescription drug, that is a (A) narcotic substance, or (B) hallucinogenic substance.
81	81
82	82	(2) Any person who violates subdivision (1) of this subsection (A) for a first offense, shall be imprisoned not more than fifteen years and may be fined not more than fifty thousand dollars, or be both fined and imprisoned, (B) for a second offense, shall be imprisoned not more than thirty years and may be fined not more than one hundred thousand dollars, or be both fined and imprisoned, and (C) for any subsequent offense, shall be imprisoned not more than thirty years and may be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.
83	83
84	84	(b) (1) No person may manufacture, distribute, sell, prescribe, dispense, compound, transport with the intent to sell or dispense, possess with the intent to sell or dispense, offer, give or administer to another person, except as authorized in this chapter or chapter 420f, any controlled substance, including, but not limited to, any such substance prescribed to a person other than the purchaser or recipient or intended purchaser or recipient of such prescription drug, other than a (A) narcotic substance, or (B) hallucinogenic substance.
85	85
86	86	(2) Any person who violates subdivision (1) of this subsection (A) for a first offense, may be fined not more than twenty-five thousand dollars or imprisoned not more than seven years, or be both fined and imprisoned, and (B) for any subsequent offense, may be fined not more than one hundred thousand dollars or imprisoned not more than fifteen years, or be both fined and imprisoned.
87	87
88	88
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91	91	This act shall take effect as follows and shall amend the following sections:
92	92	Section 1 October 1, 2018 New section
93	93	Sec. 2 October 1, 2018 21a-277(a) and (b)
94	94
95	95	This act shall take effect as follows and shall amend the following sections:
96	96
97	97	Section 1
98	98
99	99	October 1, 2018
100	100
101	101	New section
102	102
103	103	Sec. 2
104	104
105	105	October 1, 2018
106	106
107	107	21a-277(a) and (b)
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109	109	Statement of Purpose:
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111	111	To create civil liability for actions of drug dealers and to clarify the provisions concerning the dealing of prescription drugs.
112	112
113	113	[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.]