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| 2 | 2 | | |
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| 3 | 3 | | LCO No. 5517 1 of 8 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 1054 |
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| 6 | 6 | | January Session, 2019 |
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| 7 | 7 | | LCO No. 5517 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on JUDICIARY |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (JUD) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONCERNING DR IVING WHILE INTOXICATED. |
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| 20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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| 21 | 21 | | Assembly convened: |
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| 22 | 22 | | |
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| 23 | 23 | | Section 1. (NEW) (Effective October 1, 2019) (a) A person is guilty of 1 |
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| 24 | 24 | | smoking or otherwise inhaling or ingesting a cannabis-type substance 2 |
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| 25 | 25 | | while operating a motor vehicle when such person smokes, otherwise 3 |
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| 26 | 26 | | inhales or ingests a cannabis-type substance while operating a motor 4 |
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| 27 | 27 | | vehicle upon a public highway of this state or upon any road of any 5 |
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| 28 | 28 | | specially chartered municipal association or of any district organized 6 |
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| 29 | 29 | | under the provisions of chapter 105 of the general statutes, a purpose 7 |
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| 30 | 30 | | of which is the construction and maintenance of roads and sidewalks, 8 |
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| 31 | 31 | | or in any parking area for ten cars or more, or upon any private road 9 |
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| 32 | 32 | | on which a speed limit has been established in accordance with the 10 |
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| 33 | 33 | | provisions of section 14-218a of the general statutes or upon any school 11 |
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| 34 | 34 | | property. For purposes of this section, "cannabis-type substance" 12 |
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| 35 | 35 | | means any of the substances described as "cannabis-type substances" 13 |
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| 36 | 36 | | in section 21a-240 of the general statutes. 14 |
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| 37 | 37 | | (b) Smoking or otherwise inhaling or ingesting a cannabis-type 15 |
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| 38 | 38 | | substance while operating a motor vehicle is a class C misdemeanor. 16 Raised Bill No. 1054 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 5517 2 of 8 |
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| 43 | 43 | | |
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| 44 | 44 | | Sec. 2. (NEW) (Effective October 1, 2019) (a) A person is guilty of 17 |
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| 45 | 45 | | smoking a cannabis-type substance in a motor vehicle as a passenger 18 |
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| 46 | 46 | | when such person smokes a cannabis-type substance in a motor 19 |
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| 47 | 47 | | vehicle that is being operated by another person upon a public 20 |
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| 48 | 48 | | highway of this state or upon any road of any specially chartered 21 |
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| 49 | 49 | | municipal association or of any district organized under the provisions 22 |
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| 50 | 50 | | of chapter 105 of the general statutes, a purpose of which is the 23 |
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| 51 | 51 | | construction and maintenance of roads and sidewalks, or in any 24 |
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| 52 | 52 | | parking area for ten cars or more, or upon any private road on which a 25 |
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| 53 | 53 | | speed limit has been established in accordance with the provisions of 26 |
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| 54 | 54 | | section 14-218a of the general statutes or upon any school property. 27 |
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| 55 | 55 | | For purposes of this section, "cannabis-type substance" means any of 28 |
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| 56 | 56 | | the substances described as "cannabis-type substances" in section 21a-29 |
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| 57 | 57 | | 240 of the general statutes. 30 |
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| 58 | 58 | | (b) Smoking a cannabis-type substance in a motor vehicle as a 31 |
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| 59 | 59 | | passenger is a class C misdemeanor. 32 |
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| 60 | 60 | | Sec. 3. Subsection (d) of section 14-227a of the general statutes is 33 |
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| 61 | 61 | | repealed and the following is substituted in lieu thereof (Effective 34 |
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| 62 | 62 | | October 1, 2019): 35 |
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| 63 | 63 | | (d) The Commissioner of Emergency Services and Public Protection 36 |
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| 64 | 64 | | shall ascertain the reliability of each method and type of device offered 37 |
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| 65 | 65 | | for chemical testing and analysis purposes of blood, of breath and of 38 |
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| 66 | 66 | | urine and certify those methods and types which said commissioner 39 |
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| 67 | 67 | | finds suitable for use in testing and analysis of blood, breath and urine, 40 |
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| 68 | 68 | | respectively, in this state. The Commissioner of Emergency Services 41 |
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| 69 | 69 | | and Public Protection shall adopt regulations, in accordance with 42 |
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| 70 | 70 | | chapter 54, governing the conduct of chemical tests, the operation and 43 |
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| 71 | 71 | | use of chemical test devices, the training and certification of operators 44 |
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| 72 | 72 | | of such devices and the drawing or obtaining of blood, breath or urine 45 |
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| 73 | 73 | | samples as said commissioner finds necessary to protect the health and 46 |
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| 74 | 74 | | safety of persons who submit to chemical tests and to insure 47 |
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| 75 | 75 | | reasonable accuracy in testing results. Such regulations shall not 48 |
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| 76 | 76 | | require recertification of a police officer solely because such officer 49 Raised Bill No. 1054 |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LCO No. 5517 3 of 8 |
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| 81 | 81 | | |
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| 82 | 82 | | terminates such officer's employment with the law enforcement 50 |
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| 83 | 83 | | agency for which certification was originally issued and commences 51 |
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| 84 | 84 | | employment with another such agency. A person qualified to 52 |
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| 85 | 85 | | withdraw blood or any hospital, laboratory or clinic employing or 53 |
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| 86 | 86 | | utilizing the services of such a person shall not incur any civil liability 54 |
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| 87 | 87 | | as a result of such activities if requested by a law enforcement officer 55 |
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| 88 | 88 | | acting in accordance with this section or section 14-227c, as amended 56 |
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| 89 | 89 | | by this act, to withdraw blood unless an action of the person while 57 |
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| 90 | 90 | | performing such activities constitutes gross negligence. 58 |
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| 91 | 91 | | Sec. 4. Section 14-227c of the general statutes is repealed and the 59 |
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| 92 | 92 | | following is substituted in lieu thereof (Effective October 1, 2019): 60 |
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| 93 | 93 | | (a) As part of the investigation of any motor vehicle accident 61 |
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| 94 | 94 | | resulting in the death of a person, the Chief Medical Examiner, Deputy 62 |
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| 95 | 95 | | Chief Medical Examiner, an associate medical examiner, a pathologist 63 |
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| 96 | 96 | | as specified in section 19a-405, or an authorized assistant medical 64 |
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| 97 | 97 | | examiner, as the case may be, shall order that a blood sample be taken 65 |
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| 98 | 98 | | from the body of any operator or pedestrian who dies as a result of 66 |
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| 99 | 99 | | such accident. Such blood samples shall be examined for the presence 67 |
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| 100 | 100 | | and concentration of alcohol and any drug by the Division of Scientific 68 |
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| 101 | 101 | | Services within the Department of Emergency Services and Public 69 |
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| 102 | 102 | | Protection or by the Office of the Chief Medical Examiner. Nothing in 70 |
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| 103 | 103 | | this subsection or section 19a-406 shall be construed as requiring such 71 |
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| 104 | 104 | | medical examiner to perform an autopsy in connection with obtaining 72 |
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| 105 | 105 | | such blood samples. 73 |
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| 106 | 106 | | (b) A blood, [or] breath or urine sample shall be obtained from any 74 |
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| 107 | 107 | | surviving operator whose motor vehicle is involved in an accident 75 |
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| 108 | 108 | | resulting in the serious physical injury, as defined in section 53a-3, or 76 |
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| 109 | 109 | | death of another person, if (1) a police officer has probable cause to 77 |
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| 110 | 110 | | believe that such operator operated such motor vehicle while under 78 |
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| 111 | 111 | | the influence of intoxicating liquor or any drug, or both, or (2) such 79 |
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| 112 | 112 | | operator has been charged with a motor vehicle violation in connection 80 |
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| 113 | 113 | | with such accident and a police officer has a reasonable and articulable 81 |
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| 114 | 114 | | suspicion that such operator operated such motor vehicle while under 82 Raised Bill No. 1054 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LCO No. 5517 4 of 8 |
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| 119 | 119 | | |
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| 120 | 120 | | the influence of intoxicating liquor or any drug, or both. The test shall 83 |
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| 121 | 121 | | be performed by or at the direction of a police officer according to 84 |
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| 122 | 122 | | methods and with equipment approved by the Department of 85 |
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| 123 | 123 | | Emergency Services and Public Protection and shall be performed by a 86 |
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| 124 | 124 | | person certified or recertified for such purpose by said department or 87 |
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| 125 | 125 | | recertified by persons certified as instructors by the Commissioner of 88 |
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| 126 | 126 | | Emergency Services and Public Protection. The equipment used for 89 |
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| 127 | 127 | | such test shall be checked for accuracy by a person certified by the 90 |
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| 128 | 128 | | Department of Emergency Services and Public Protection immediately 91 |
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| 129 | 129 | | before and after such test is performed. If a blood test is performed, it 92 |
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| 130 | 130 | | shall be on a blood sample taken by a person licensed to practice 93 |
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| 131 | 131 | | medicine and surgery in this state, a qualified laboratory technician, a 94 |
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| 132 | 132 | | registered nurse, a physician assistant or a phlebotomist. [The blood 95 |
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| 133 | 133 | | samples] Any blood sample obtained from an operator pursuant to 96 |
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| 134 | 134 | | this subsection shall be examined for the presence and concentration of 97 |
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| 135 | 135 | | alcohol and any drug by the Division of Scientific Services within the 98 |
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| 136 | 136 | | Department of Emergency Services and Public Protection. 99 |
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| 137 | 137 | | (c) Any police officer who obtains from a surviving operator any 100 |
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| 138 | 138 | | blood, breath or urine sample pursuant to subsection (b) of this section 101 |
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| 139 | 139 | | shall submit to the Commissioner of Motor Vehicles a written report 102 |
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| 140 | 140 | | providing the results of such sample on a form approved by the 103 |
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| 141 | 141 | | commissioner. If any such sample indicates an elevated blood alcohol 104 |
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| 142 | 142 | | content, as defined in subsection (n) of section 14-227b, the 105 |
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| 143 | 143 | | commissioner may, after notice and an opportunity for a hearing held 106 |
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| 144 | 144 | | in accordance with chapter 54 and section 14-227b, suspend the motor 107 |
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| 145 | 145 | | vehicle operator's license or nonresident operating privilege of such 108 |
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| 146 | 146 | | person and require such person to install and maintain an ignition 109 |
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| 147 | 147 | | interlock device as provided for in subsection (i) of section 14-227b. 110 |
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| 148 | 148 | | Such hearing shall be limited to a determination of the following 111 |
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| 149 | 149 | | issues: (1) Was the person operating the motor vehicle; (2) was the 112 |
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| 150 | 150 | | person's sample obtained in accordance with the provisions of 113 |
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| 151 | 151 | | subsection (b) of this section; and (3) was there an elevated blood 114 |
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| 152 | 152 | | alcohol content. 115 |
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| 153 | 153 | | (d) A person qualified to withdraw blood or any hospital, 116 Raised Bill No. 1054 |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | |
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| 157 | 157 | | LCO No. 5517 5 of 8 |
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| 158 | 158 | | |
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| 159 | 159 | | laboratory or clinic employing or utilizing the services of such a person 117 |
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| 160 | 160 | | shall not incur any civil liability as a result of such activities if 118 |
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| 161 | 161 | | requested by a law enforcement officer acting in accordance with this 119 |
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| 162 | 162 | | section to withdraw blood unless an action of the person while 120 |
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| 163 | 163 | | performing such activities constitutes gross negligence. 121 |
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| 164 | 164 | | Sec. 5. Subsection (l) of section 46b-124 of the general statutes is 122 |
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| 165 | 165 | | repealed and the following is substituted in lieu thereof (Effective 123 |
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| 166 | 166 | | October 1, 2019): 124 |
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| 167 | 167 | | (l) Records of cases of juvenile matters involving delinquency 125 |
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| 168 | 168 | | proceedings, or any part thereof, containing information that a child 126 |
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| 169 | 169 | | has been adjudicated as delinquent for a violation of section 1 of this 127 |
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| 170 | 170 | | act, subdivision (e) of section 1-1h, subsection (c) of section 14-147, 128 |
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| 171 | 171 | | subsection (a) of section 14-215, section 14-222, subsection (b) of section 129 |
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| 172 | 172 | | 14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, as 130 |
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| 173 | 173 | | amended by this act, section 14-227g, section 14-227m, section 14-227n, 131 |
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| 174 | 174 | | subsection (d) of section 21a-267, section 21a-279a, section 30-88a, [or] 132 |
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| 175 | 175 | | subsection (b) of section 30-89 [,] or section 53a-213, shall be disclosed 133 |
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| 176 | 176 | | to the Department of Motor Vehicles for administrative use in 134 |
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| 177 | 177 | | determining whether administrative sanctions regarding such child's 135 |
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| 178 | 178 | | motor vehicle operator's license are warranted. Records disclosed 136 |
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| 179 | 179 | | pursuant to this subsection shall not be further disclosed. 137 |
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| 180 | 180 | | Sec. 6. Subdivision (1) of subsection (a) of section 54-56g of the 138 |
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| 181 | 181 | | general statutes is repealed and the following is substituted in lieu 139 |
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| 182 | 182 | | thereof (Effective October 1, 2019): 140 |
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| 183 | 183 | | (a) (1) There shall be a pretrial alcohol education program for 141 |
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| 184 | 184 | | persons charged with a violation of section 14-227a, 14-227g or 14-142 |
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| 185 | 185 | | 227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 143 |
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| 186 | 186 | | section 15-133 or 15-140n. Upon application by any such person for 144 |
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| 187 | 187 | | participation in such program and payment to the court of an 145 |
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| 188 | 188 | | application fee of one hundred dollars and a nonrefundable evaluation 146 |
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| 189 | 189 | | fee of one hundred dollars, the court shall, but only as to the public, 147 |
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| 190 | 190 | | order the court file sealed, provided such person states under oath, in 148 Raised Bill No. 1054 |
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| 191 | 191 | | |
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| 192 | 192 | | |
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| 193 | 193 | | |
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| 194 | 194 | | LCO No. 5517 6 of 8 |
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| 195 | 195 | | |
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| 196 | 196 | | open court or before any person designated by the clerk and duly 149 |
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| 197 | 197 | | authorized to administer oaths, under penalties of perjury that: (A) If 150 |
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| 198 | 198 | | such person is charged with a violation of section 14-227a, as amended 151 |
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| 199 | 199 | | by this act, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) 152 |
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| 200 | 200 | | of section 14-227n, subsection (d) of section 15-133 or section 15-140n, 153 |
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| 201 | 201 | | such [person has not had such program invoked in such person's 154 |
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| 202 | 202 | | behalf within the preceding ten years] violation is not alleged to have 155 |
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| 203 | 203 | | occurred during the ten-year period immediately following the day on 156 |
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| 204 | 204 | | which such person was last granted entry into the program for a 157 |
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| 205 | 205 | | violation of section 14-227a, as amended by this act, 14-227g or 14-158 |
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| 206 | 206 | | 227m, subdivision (1) or (2) of subsection (a) of section 14-227n, 159 |
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| 207 | 207 | | subsection (d) of section 15-133 or section 15-140n, (B) such person has 160 |
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| 208 | 208 | | not been convicted of a violation of section 53a-56b or 53a-60d, a 161 |
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| 209 | 209 | | violation of subsection (a) of section 14-227a before, on or after October 162 |
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| 210 | 210 | | 1, 1981, a violation of subdivision (1) or (2) of subsection (a) of section 163 |
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| 211 | 211 | | 14-227a on or after October 1, 1985, a violation of section 14-227g, a 164 |
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| 212 | 212 | | violation of section 14-227m or a violation of subdivision (1) or (2) of 165 |
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| 213 | 213 | | subsection (a) of section 14-227n, (C) such person has not been 166 |
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| 214 | 214 | | convicted of a violation of section 15-132a, subsection (d) of section 15-167 |
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| 215 | 215 | | 133, section 15-140l or section 15-140n, (D) such person has not been 168 |
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| 216 | 216 | | convicted in any other state at any time of an offense the essential 169 |
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| 217 | 217 | | elements of which are substantially the same as section 53a-56b, 53a-170 |
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| 218 | 218 | | 60d, 15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) 171 |
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| 219 | 219 | | of section 14-227a, section 14-227m, subdivision (1) or (2) of subsection 172 |
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| 220 | 220 | | (a) of section 14-227n or subsection (d) of section 15-133, and (E) notice 173 |
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| 221 | 221 | | has been given by such person, by registered or certified mail on a 174 |
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| 222 | 222 | | form prescribed by the Office of the Chief Court Administrator, to each 175 |
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| 223 | 223 | | victim who sustained a serious physical injury, as defined in section 176 |
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| 224 | 224 | | 53a-3, which was caused by such person's alleged violation, that such 177 |
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| 225 | 225 | | person has applied to participate in the pretrial alcohol education 178 |
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| 226 | 226 | | program and that such victim has an opportunity to be heard by the 179 |
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| 227 | 227 | | court on the application. 180 |
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| 228 | 228 | | Sec. 7. Subsection (h) of section 54-56g of the general statutes is 181 |
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| 229 | 229 | | repealed and the following is substituted in lieu thereof (Effective 182 Raised Bill No. 1054 |
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| 230 | 230 | | |
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| 231 | 231 | | |
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| 232 | 232 | | |
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| 233 | 233 | | LCO No. 5517 7 of 8 |
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| 234 | 234 | | |
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| 235 | 235 | | October 1, 2019): 183 |
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| 236 | 236 | | (h) The provisions of this section shall not be applicable in the case 184 |
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| 237 | 237 | | of any person charged with a violation of section 1 of this act or section 185 |
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| 238 | 238 | | 14-227a, as amended by this act, 14-227g or 14-227m, [or] subdivision 186 |
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| 239 | 239 | | (1) or (2) of subsection (a) of section 14-227n or section 53a-213 (1) 187 |
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| 240 | 240 | | while operating a commercial motor vehicle, as defined in section 14-1, 188 |
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| 241 | 241 | | or (2) who holds a commercial driver's license or commercial driver's 189 |
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| 242 | 242 | | instruction permit at the time of the violation. 190 |
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| 243 | 243 | | Sec. 8. Subsection (b) of section 54-56p of the general statutes is 191 |
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| 244 | 244 | | repealed and the following is substituted in lieu thereof (Effective 192 |
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| 245 | 245 | | October 1, 2019): 193 |
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| 246 | 246 | | (b) This section shall not be applicable to any person (1) who, at the 194 |
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| 247 | 247 | | time of the motor vehicle violation, holds a commercial driver's license 195 |
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| 248 | 248 | | or commercial driver's instruction permit or is operating a commercial 196 |
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| 249 | 249 | | motor vehicle, as defined in section 14-1, or (2) charged with a motor 197 |
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| 250 | 250 | | vehicle violation causing serious injury or death, a motor vehicle 198 |
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| 251 | 251 | | violation classified as a felony unless good cause is shown, or a 199 |
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| 252 | 252 | | violation of section 1 of this act or section 14-227a, as amended by this 200 |
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| 253 | 253 | | act, 14-227g, [or] 14-227m, 14-227n, 14-296aa or 53a-213. 201 |
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| 254 | 254 | | This act shall take effect as follows and shall amend the following |
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| 255 | 255 | | sections: |
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| 256 | 256 | | |
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| 257 | 257 | | Section 1 October 1, 2019 New section |
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| 258 | 258 | | Sec. 2 October 1, 2019 New section |
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| 259 | 259 | | Sec. 3 October 1, 2019 14-227a(d) |
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| 260 | 260 | | Sec. 4 October 1, 2019 14-227c |
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| 261 | 261 | | Sec. 5 October 1, 2019 46b-124(l) |
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| 262 | 262 | | Sec. 6 October 1, 2019 54-56g(a)(1) |
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| 263 | 263 | | Sec. 7 October 1, 2019 54-56g(h) |
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| 264 | 264 | | Sec. 8 October 1, 2019 54-56p(b) |
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| 265 | 265 | | |
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| 266 | 266 | | Statement of Purpose: |
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| 267 | 267 | | To (1) establish the offenses of smoking or otherwise inhaling or |
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| 268 | 268 | | ingesting a cannabis-type substance while operating a motor vehicle Raised Bill No. 1054 |
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| 269 | 269 | | |
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| 270 | 270 | | |
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| 271 | 271 | | |
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| 272 | 272 | | LCO No. 5517 8 of 8 |
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| 273 | 273 | | |
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| 274 | 274 | | and smoking a cannabis-type substance as a passenger in a motor |
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| 275 | 275 | | vehicle as class C misdemeanors, (2) provide immunity to certain |
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| 276 | 276 | | persons withdrawing blood for a blood alcohol test, (3) provide that |
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| 277 | 277 | | the Commissioner of Motor Vehicles may suspend driving privileges |
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| 278 | 278 | | of and require the use of an ignition interlock device by a surviving |
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| 279 | 279 | | operator of a motor vehicle who has an elevated blood alcohol content |
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| 280 | 280 | | based on a blood, breath or urine sample of such operator involved in |
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| 281 | 281 | | an accident resulting in the serious physical injury or death of a |
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| 282 | 282 | | person, and (4) clarify and improve the effectiveness of the statutes |
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| 283 | 283 | | prohibiting the operation of a motor vehicle under the influence of |
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| 284 | 284 | | alcohol or drugs. |
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| 285 | 285 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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| 286 | 286 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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| 287 | 287 | | not underlined.] |
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| 288 | 288 | | |
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