LCO No. 5517 1 of 8
General Assembly Raised Bill No. 1054
January Session, 2019
LCO No. 5517
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING DR IVING WHILE INTOXICATED.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) (a) A person is guilty of 1
smoking or otherwise inhaling or ingesting a cannabis-type substance 2
while operating a motor vehicle when such person smokes, otherwise 3
inhales or ingests a cannabis-type substance while operating a motor 4
vehicle upon a public highway of this state or upon any road of any 5
specially chartered municipal association or of any district organized 6
under the provisions of chapter 105 of the general statutes, a purpose 7
of which is the construction and maintenance of roads and sidewalks, 8
or in any parking area for ten cars or more, or upon any private road 9
on which a speed limit has been established in accordance with the 10
provisions of section 14-218a of the general statutes or upon any school 11
property. For purposes of this section, "cannabis-type substance" 12
means any of the substances described as "cannabis-type substances" 13
in section 21a-240 of the general statutes. 14
(b) Smoking or otherwise inhaling or ingesting a cannabis-type 15
substance while operating a motor vehicle is a class C misdemeanor. 16 Raised Bill No. 1054
LCO No. 5517 2 of 8
Sec. 2. (NEW) (Effective October 1, 2019) (a) A person is guilty of 17
smoking a cannabis-type substance in a motor vehicle as a passenger 18
when such person smokes a cannabis-type substance in a motor 19
vehicle that is being operated by another person upon a public 20
highway of this state or upon any road of any specially chartered 21
municipal association or of any district organized under the provisions 22
of chapter 105 of the general statutes, a purpose of which is the 23
construction and maintenance of roads and sidewalks, or in any 24
parking area for ten cars or more, or upon any private road on which a 25
speed limit has been established in accordance with the provisions of 26
section 14-218a of the general statutes or upon any school property. 27
For purposes of this section, "cannabis-type substance" means any of 28
the substances described as "cannabis-type substances" in section 21a-29
240 of the general statutes. 30
(b) Smoking a cannabis-type substance in a motor vehicle as a 31
passenger is a class C misdemeanor. 32
Sec. 3. Subsection (d) of section 14-227a of the general statutes is 33
repealed and the following is substituted in lieu thereof (Effective 34
October 1, 2019): 35
(d) The Commissioner of Emergency Services and Public Protection 36
shall ascertain the reliability of each method and type of device offered 37
for chemical testing and analysis purposes of blood, of breath and of 38
urine and certify those methods and types which said commissioner 39
finds suitable for use in testing and analysis of blood, breath and urine, 40
respectively, in this state. The Commissioner of Emergency Services 41
and Public Protection shall adopt regulations, in accordance with 42
chapter 54, governing the conduct of chemical tests, the operation and 43
use of chemical test devices, the training and certification of operators 44
of such devices and the drawing or obtaining of blood, breath or urine 45
samples as said commissioner finds necessary to protect the health and 46
safety of persons who submit to chemical tests and to insure 47
reasonable accuracy in testing results. Such regulations shall not 48
require recertification of a police officer solely because such officer 49 Raised Bill No. 1054
LCO No. 5517 3 of 8
terminates such officer's employment with the law enforcement 50
agency for which certification was originally issued and commences 51
employment with another such agency. A person qualified to 52
withdraw blood or any hospital, laboratory or clinic employing or 53
utilizing the services of such a person shall not incur any civil liability 54
as a result of such activities if requested by a law enforcement officer 55
acting in accordance with this section or section 14-227c, as amended 56
by this act, to withdraw blood unless an action of the person while 57
performing such activities constitutes gross negligence. 58
Sec. 4. Section 14-227c of the general statutes is repealed and the 59
following is substituted in lieu thereof (Effective October 1, 2019): 60
(a) As part of the investigation of any motor vehicle accident 61
resulting in the death of a person, the Chief Medical Examiner, Deputy 62
Chief Medical Examiner, an associate medical examiner, a pathologist 63
as specified in section 19a-405, or an authorized assistant medical 64
examiner, as the case may be, shall order that a blood sample be taken 65
from the body of any operator or pedestrian who dies as a result of 66
such accident. Such blood samples shall be examined for the presence 67
and concentration of alcohol and any drug by the Division of Scientific 68
Services within the Department of Emergency Services and Public 69
Protection or by the Office of the Chief Medical Examiner. Nothing in 70
this subsection or section 19a-406 shall be construed as requiring such 71
medical examiner to perform an autopsy in connection with obtaining 72
such blood samples. 73
(b) A blood, [or] breath or urine sample shall be obtained from any 74
surviving operator whose motor vehicle is involved in an accident 75
resulting in the serious physical injury, as defined in section 53a-3, or 76
death of another person, if (1) a police officer has probable cause to 77
believe that such operator operated such motor vehicle while under 78
the influence of intoxicating liquor or any drug, or both, or (2) such 79
operator has been charged with a motor vehicle violation in connection 80
with such accident and a police officer has a reasonable and articulable 81
suspicion that such operator operated such motor vehicle while under 82 Raised Bill No. 1054
LCO No. 5517 4 of 8
the influence of intoxicating liquor or any drug, or both. The test shall 83
be performed by or at the direction of a police officer according to 84
methods and with equipment approved by the Department of 85
Emergency Services and Public Protection and shall be performed by a 86
person certified or recertified for such purpose by said department or 87
recertified by persons certified as instructors by the Commissioner of 88
Emergency Services and Public Protection. The equipment used for 89
such test shall be checked for accuracy by a person certified by the 90
Department of Emergency Services and Public Protection immediately 91
before and after such test is performed. If a blood test is performed, it 92
shall be on a blood sample taken by a person licensed to practice 93
medicine and surgery in this state, a qualified laboratory technician, a 94
registered nurse, a physician assistant or a phlebotomist. [The blood 95
samples] Any blood sample obtained from an operator pursuant to 96
this subsection shall be examined for the presence and concentration of 97
alcohol and any drug by the Division of Scientific Services within the 98
Department of Emergency Services and Public Protection. 99
(c) Any police officer who obtains from a surviving operator any 100
blood, breath or urine sample pursuant to subsection (b) of this section 101
shall submit to the Commissioner of Motor Vehicles a written report 102
providing the results of such sample on a form approved by the 103
commissioner. If any such sample indicates an elevated blood alcohol 104
content, as defined in subsection (n) of section 14-227b, the 105
commissioner may, after notice and an opportunity for a hearing held 106
in accordance with chapter 54 and section 14-227b, suspend the motor 107
vehicle operator's license or nonresident operating privilege of such 108
person and require such person to install and maintain an ignition 109
interlock device as provided for in subsection (i) of section 14-227b. 110
Such hearing shall be limited to a determination of the following 111
issues: (1) Was the person operating the motor vehicle; (2) was the 112
person's sample obtained in accordance with the provisions of 113
subsection (b) of this section; and (3) was there an elevated blood 114
alcohol content. 115
(d) A person qualified to withdraw blood or any hospital, 116 Raised Bill No. 1054
LCO No. 5517 5 of 8
laboratory or clinic employing or utilizing the services of such a person 117
shall not incur any civil liability as a result of such activities if 118
requested by a law enforcement officer acting in accordance with this 119
section to withdraw blood unless an action of the person while 120
performing such activities constitutes gross negligence. 121
Sec. 5. Subsection (l) of section 46b-124 of the general statutes is 122
repealed and the following is substituted in lieu thereof (Effective 123
October 1, 2019): 124
(l) Records of cases of juvenile matters involving delinquency 125
proceedings, or any part thereof, containing information that a child 126
has been adjudicated as delinquent for a violation of section 1 of this 127
act, subdivision (e) of section 1-1h, subsection (c) of section 14-147, 128
subsection (a) of section 14-215, section 14-222, subsection (b) of section 129
14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, as 130
amended by this act, section 14-227g, section 14-227m, section 14-227n, 131
subsection (d) of section 21a-267, section 21a-279a, section 30-88a, [or] 132
subsection (b) of section 30-89 [,] or section 53a-213, shall be disclosed 133
to the Department of Motor Vehicles for administrative use in 134
determining whether administrative sanctions regarding such child's 135
motor vehicle operator's license are warranted. Records disclosed 136
pursuant to this subsection shall not be further disclosed. 137
Sec. 6. Subdivision (1) of subsection (a) of section 54-56g of the 138
general statutes is repealed and the following is substituted in lieu 139
thereof (Effective October 1, 2019): 140
(a) (1) There shall be a pretrial alcohol education program for 141
persons charged with a violation of section 14-227a, 14-227g or 14-142
227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 143
section 15-133 or 15-140n. Upon application by any such person for 144
participation in such program and payment to the court of an 145
application fee of one hundred dollars and a nonrefundable evaluation 146
fee of one hundred dollars, the court shall, but only as to the public, 147
order the court file sealed, provided such person states under oath, in 148 Raised Bill No. 1054
LCO No. 5517 6 of 8
open court or before any person designated by the clerk and duly 149
authorized to administer oaths, under penalties of perjury that: (A) If 150
such person is charged with a violation of section 14-227a, as amended 151
by this act, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) 152
of section 14-227n, subsection (d) of section 15-133 or section 15-140n, 153
such [person has not had such program invoked in such person's 154
behalf within the preceding ten years] violation is not alleged to have 155
occurred during the ten-year period immediately following the day on 156
which such person was last granted entry into the program for a 157
violation of section 14-227a, as amended by this act, 14-227g or 14-158
227m, subdivision (1) or (2) of subsection (a) of section 14-227n, 159
subsection (d) of section 15-133 or section 15-140n, (B) such person has 160
not been convicted of a violation of section 53a-56b or 53a-60d, a 161
violation of subsection (a) of section 14-227a before, on or after October 162
1, 1981, a violation of subdivision (1) or (2) of subsection (a) of section 163
14-227a on or after October 1, 1985, a violation of section 14-227g, a 164
violation of section 14-227m or a violation of subdivision (1) or (2) of 165
subsection (a) of section 14-227n, (C) such person has not been 166
convicted of a violation of section 15-132a, subsection (d) of section 15-167
133, section 15-140l or section 15-140n, (D) such person has not been 168
convicted in any other state at any time of an offense the essential 169
elements of which are substantially the same as section 53a-56b, 53a-170
60d, 15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) 171
of section 14-227a, section 14-227m, subdivision (1) or (2) of subsection 172
(a) of section 14-227n or subsection (d) of section 15-133, and (E) notice 173
has been given by such person, by registered or certified mail on a 174
form prescribed by the Office of the Chief Court Administrator, to each 175
victim who sustained a serious physical injury, as defined in section 176
53a-3, which was caused by such person's alleged violation, that such 177
person has applied to participate in the pretrial alcohol education 178
program and that such victim has an opportunity to be heard by the 179
court on the application. 180
Sec. 7. Subsection (h) of section 54-56g of the general statutes is 181
repealed and the following is substituted in lieu thereof (Effective 182 Raised Bill No. 1054
LCO No. 5517 7 of 8
October 1, 2019): 183
(h) The provisions of this section shall not be applicable in the case 184
of any person charged with a violation of section 1 of this act or section 185
14-227a, as amended by this act, 14-227g or 14-227m, [or] subdivision 186
(1) or (2) of subsection (a) of section 14-227n or section 53a-213 (1) 187
while operating a commercial motor vehicle, as defined in section 14-1, 188
or (2) who holds a commercial driver's license or commercial driver's 189
instruction permit at the time of the violation. 190
Sec. 8. Subsection (b) of section 54-56p of the general statutes is 191
repealed and the following is substituted in lieu thereof (Effective 192
October 1, 2019): 193
(b) This section shall not be applicable to any person (1) who, at the 194
time of the motor vehicle violation, holds a commercial driver's license 195
or commercial driver's instruction permit or is operating a commercial 196
motor vehicle, as defined in section 14-1, or (2) charged with a motor 197
vehicle violation causing serious injury or death, a motor vehicle 198
violation classified as a felony unless good cause is shown, or a 199
violation of section 1 of this act or section 14-227a, as amended by this 200
act, 14-227g, [or] 14-227m, 14-227n, 14-296aa or 53a-213. 201
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section
Sec. 2 October 1, 2019 New section
Sec. 3 October 1, 2019 14-227a(d)
Sec. 4 October 1, 2019 14-227c
Sec. 5 October 1, 2019 46b-124(l)
Sec. 6 October 1, 2019 54-56g(a)(1)
Sec. 7 October 1, 2019 54-56g(h)
Sec. 8 October 1, 2019 54-56p(b)
Statement of Purpose:
To (1) establish the offenses of smoking or otherwise inhaling or
ingesting a cannabis-type substance while operating a motor vehicle Raised Bill No. 1054
LCO No. 5517 8 of 8
and smoking a cannabis-type substance as a passenger in a motor
vehicle as class C misdemeanors, (2) provide immunity to certain
persons withdrawing blood for a blood alcohol test, (3) provide that
the Commissioner of Motor Vehicles may suspend driving privileges
of and require the use of an ignition interlock device by a surviving
operator of a motor vehicle who has an elevated blood alcohol content
based on a blood, breath or urine sample of such operator involved in
an accident resulting in the serious physical injury or death of a
person, and (4) clarify and improve the effectiveness of the statutes
prohibiting the operation of a motor vehicle under the influence of
alcohol or drugs.
[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.]