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General Assembly Substitute Bill No. 1085
January Session, 2019
AN ACT CONCERNING TH E LEGALIZATION OF THE RETAIL SALE
AND POSSESSION OF CA NNABIS AND CONCERNING ERASU RE OF
CRIMINAL RECORDS IN THE CASE OF CONVICTIONS BASED ON
THE POSSESSION OF A SMALL AMOUNT OF CANN ABIS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) As used in this section, and 1
sections 2 to 7, inclusive, of this act, unless the context otherwise 2
requires: 3
(1) "Cannabis" means a cannabis-type substance, as defined in 4
section 21a-240 of the general statutes; 5
(2) "Consumer" means an individual twenty-one years of age or 6
older; 7
(3) "Cultivation" means cultivation, as defined in section 21a-408 of 8
the general statutes; 9
(4) "Distribute" means distribute, as defined in section 21a-240 of the 10
general statutes; 11
(5) "Cannabis concentrate" means any form of concentration, 12
including, but not limited to, extracts, oils, tinctures and waxes, that is 13
extracted from cannabis and that contains cannabinoids; 14 Substitute Bill No. 1085
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(6) "Cannabis cultivation facility" means a person licensed to 15
cultivate, prepare and package cannabis and sell cannabis to cannabis 16
product manufacturing facilities, cannabis retailers and other cannabis 17
cultivation facilities; 18
(7) "Cannabis establishment" means a cannabis cultivation facility, 19
cannabis product manufacturing facility or cannabis retailer; 20
(8) "Cannabis product" means a product that is comprised of 21
cannabis or cannabis concentrates and other ingredients and are 22
intended for use or consumption, including, but not limited to, edible 23
products and ointments; 24
(9) "Cannabis product manufacturing facility" means a person 25
licensed to purchase cannabis, manufacture, prepare and package 26
cannabis products and sell cannabis and cannabis products to cannabis 27
product manufacturing facilities and retail cannabis stores; 28
(10) "Cannabis retailer" means a person twenty-one years of age or 29
older who is licensed to (A) purchase cannabis from cannabis 30
cultivation facilities, (B) purchase cannabis and cannabis products 31
from cannabis product manufacturing facilities, and (C) sell cannabis 32
and cannabis products to consumers. "Cannabis retailer" includes any 33
agent or employee of the cannabis retailer who is twenty-one years of 34
age or older and engaged in the business of the cannabis retailer; 35
(11) "Paraphernalia" means drug paraphernalia, as defined in 36
section 21a-240 of the general statutes; and 37
(12) "Possession limit" means the amount of cannabis that may be 38
possessed at any one time by a consumer, as provided in section 2 of 39
this act. 40
Sec. 2. (NEW) (Effective July 1, 2019) (a) A consumer may possess, 41
use and otherwise consume cannabis and cannabis products, provided 42
(1) no such consumer possesses any such cannabis or cannabis product 43
in a manner that is not secure from unauthorized access or access by 44 Substitute Bill No. 1085
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any person under twenty-one years of age, (2) such cannabis or 45
cannabis product was purchased from a cannabis retailer, and (3) the 46
amount of all such cannabis, including the amount contained in any 47
cannabis product, does not exceed such consumer's possession limit of 48
one and one-half ounces of cannabis, of which no more than five grams 49
may be in the form of a cannabis concentrate. 50
(b) Any consumer who possesses cannabis in accordance with 51
subdivisions (1) and (2) of subsection (a) of this section, but in excess of 52
the amount of cannabis permitted in accordance with the possession 53
limit in subdivision (3) of subsection (a) of this section, shall be guilty 54
of a violation of (1) section 21a-279a of the general statutes, as 55
amended by this act, if such excess amount is less than one-half ounce, 56
or (2) section 21a-279 of the general statutes, as amended by this act, if 57
such excess amount is one-half ounce, or more. 58
(c) Any consumer who possesses cannabis in accordance with 59
subsection (a) of this section, but possesses more than 5 grams of 60
cannabis concentrate without exceeding the possession limit for all 61
cannabis under subdivision (3) of subsection (a) of this section, shall be 62
guilty of an infraction. 63
Sec. 3. (NEW) (Effective July 1, 2019) (a) A cannabis retailer may sell 64
cannabis and cannabis products to a consumer in an amount for any 65
single transaction that does not exceed the possession limit. Each such 66
cannabis retailer shall ensure that any purchase pursuant to this 67
section is conducted in accordance with section 30-86 of the general 68
statutes, as amended by this act. 69
(b) No cannabis retailer may sell any cannabis or cannabis product 70
to any individual under twenty-one years of age. 71
(c) Any person who violates any provision of subsection (a) or (b) of 72
this section shall be guilty of a class A misdemeanor. 73
(d) (1) In any prosecution of a cannabis retailer for selling cannabis 74
or any cannabis product to an individual under twenty-one years of 75 Substitute Bill No. 1085
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age in violation of subsection (b) of this section, it shall be an 76
affirmative defense that all of the following occurred: (A) An 77
individual attempting to purchase cannabis or any cannabis product 78
presented a driver's license or an identity card, as defined in section 79
30-86 of the general statutes, as amended by this act; (B) a transaction 80
scan in accordance with section 30-86 of the general statutes, as 81
amended by this act, of the driver's license or identity card that the 82
individual presented indicated that the license or card was valid; and 83
(C) the cannabis or cannabis product was sold to the individual in 84
reasonable reliance upon the identification presented and the 85
completed transaction scan. 86
(2) In determining whether a cannabis retailer has proven the 87
affirmative defense provided by subdivision (1) of this subsection, the 88
trier of fact in such prosecution shall consider that reasonable reliance 89
upon the identification presented and the completed transaction scan 90
may require a cannabis retailer to exercise reasonable diligence and 91
that the use of a transaction scan device does not excuse a cannabis 92
retailer from exercising such reasonable diligence to determine the 93
following: (A) Whether an individual to whom the cannabis retailer 94
sells is twenty-one years of age or older; and (B) whether the 95
description and picture appearing on the driver's license or identity 96
card presented by an individual are those of the individual. 97
Sec. 4. (NEW) (Effective July 1, 2019) Notwithstanding any provision 98
of the general statutes, no cannabis retailer or consumer may be subject 99
to arrest or prosecution, penalized in any manner, including, but not 100
limited to, being subject to any civil penalty, or denied any right or 101
privilege for the acquisition, distribution, possession, use or 102
transportation of cannabis or paraphernalia related to cannabis in 103
accordance with the provisions of sections 2 to 7, inclusive, of this act. 104
Sec. 5. (NEW) (Effective July 1, 2019) Any cannabis, paraphernalia 105
relating to cannabis or other property seized by law enforcement 106
officials from a consumer or cannabis establishment in connection with 107
the claimed possession or use of cannabis under sections 2 to 7, 108 Substitute Bill No. 1085
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inclusive, of this act, shall be returned to the consumer or cannabis 109
establishment immediately upon the determination by a court that the 110
consumer or cannabis establishment is in compliance with the 111
provisions of sections 2 to 7, inclusive, of this act, as evidenced by a 112
decision not to prosecute, a dismissal of charges or an acquittal. The 113
provisions of this section do not apply to any person who fails to 114
comply with the provisions of sections 2 to 7, inclusive, of this act. 115
Sec. 6. (NEW) (Effective July 1, 2019) (a) Except as provided in 116
chapter 420b or 420f of the general statutes and subsection (b) of this 117
section, no person, other than a cannabis retailer, as provided in 118
section 3 of this act, may distribute, sell, offer or give cannabis or 119
cannabis products to a consumer. 120
(b) Any consumer who purchases cannabis or cannabis products 121
from a cannabis retailer may offer or give cannabis or cannabis 122
products to another consumer, provided such other consumer may 123
possess such cannabis or cannabis products without exceeding the 124
possession limit. 125
Sec. 7. (NEW) (Effective July 1, 2019) Notwithstanding any provision 126
of chapter 420b of the general statutes, a consumer may manufacture, 127
possess or purchase paraphernalia related to cannabis or distribute or 128
sell paraphernalia related to cannabis to another consumer. 129
Sec. 8. Subsections (a) and (b) of section 19a-342 of the general 130
statutes are repealed and the following is substituted in lieu thereof 131
(Effective July 1, 2019): 132
(a) As used in this section, "smoke" or "smoking" means the lighting 133
or carrying of a lighted cigarette, cigar, pipe or similar device, whether 134
containing wholly or in part tobacco, or a cannabis-type substance, as 135
defined in section 21a-240. 136
(b) (1) Notwithstanding the provisions of section 31-40q, no person 137
shall smoke: (A) In any building or portion of a building, partially 138
enclosed shelter on a rail platform or bus shelter owned and operated 139 Substitute Bill No. 1085
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or leased and operated by the state or any political subdivision thereof; 140
(B) in any area of a health care institution; (C) in any area of a retail 141
food store; (D) in any restaurant; (E) in any area of an establishment 142
with a permit issued for the sale of alcoholic liquor pursuant to section 143
30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-144
35a, 30-37a, 30-37e or 30-37f, in any area of an establishment with a 145
permit for the sale of alcoholic liquor pursuant to section 30-23 issued 146
after May 1, 2003, and, on and after April 1, 2004, in any area of an 147
establishment with a permit issued for the sale of alcoholic liquor 148
pursuant to section 30-22a or 30-26 or the bar area of a bowling 149
establishment holding a permit pursuant to subsection (a) of section 150
30-37c; (F) within a school building while school is in session or 151
student activities are being conducted; (G) in any passenger elevator, 152
provided no person shall be arrested for violating this subsection 153
unless there is posted in such elevator a sign which indicates that 154
smoking is prohibited by state law; (H) in any dormitory in any public 155
or private institution of higher education; or (I) on and after April 1, 156
2004, in any area of a dog race track or a facility equipped with screens 157
for the simulcasting of off-track betting race programs or jai alai 158
games. For purposes of this subsection, "restaurant" means space, in a 159
suitable and permanent building, kept, used, maintained, advertised 160
and held out to the public to be a place where meals are regularly 161
served to the public. 162
(2) This section shall not apply to (A) correctional facilities; (B) 163
designated smoking areas in psychiatric facilities; (C) public housing 164
projects, as defined in subsection (b) of section 21a-278a; (D) any 165
classroom where demonstration smoking is taking place as part of a 166
medical or scientific experiment or lesson; (E) smoking rooms 167
provided by employers for employees, pursuant to section 31-40q; (F) 168
notwithstanding the provisions of subparagraph (E) of subdivision (1) 169
of this subsection, the outdoor portion of the premises of any permittee 170
listed in subparagraph (E) of subdivision (1) of this subsection, 171
provided, in the case of any seating area maintained for the service of 172
food, at least seventy-five per cent of the outdoor seating capacity is an 173 Substitute Bill No. 1085
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area in which smoking is prohibited and which is clearly designated 174
with written signage as a nonsmoking area, except that any temporary 175
seating area established for special events and not used on a regular 176
basis shall not be subject to the smoking prohibition or signage 177
requirements of this subparagraph; (G) any medical research site 178
where smoking is integral to the research being conducted; or (H) any 179
tobacco bar, provided no tobacco bar shall expand in size or change its 180
location from its size or location as of December 31, 2002. For purposes 181
of this subdivision, "outdoor" means an area which has no roof or 182
other ceiling enclosure, "tobacco bar" means an establishment with a 183
permit for the sale of alcoholic liquor to consumers issued pursuant to 184
chapter 545 that, in the calendar year ending December 31, 2002, 185
generated ten per cent or more of its total annual gross income from 186
the on-site sale of tobacco products and the rental of on-site humidors, 187
and "tobacco product" means any substance that contains tobacco, 188
including, but not limited to, cigarettes, cigars, pipe tobacco or 189
chewing tobacco. "Tobacco product" does not include a cannabis-type 190
substance. 191
Sec. 9. Section 19a-342a of the general statutes is repealed and the 192
following is substituted in lieu thereof (Effective July 1, 2019): 193
(a) As used in this section and section 2 of public act 15-206: 194
(1) "Child care facility" means a provider of child care services as 195
defined in section 19a-77, or a person or entity required to be licensed 196
under section 17a-145; 197
(2) "Electronic nicotine or cannabis delivery system" means an 198
electronic device that may be used to simulate smoking in the delivery 199
of nicotine, cannabis concentrate, as defined in section 1 of this act, or 200
other substances to a person inhaling from the device, and includes, 201
but is not limited to, an electronic cigarette, electronic cigar, electronic 202
cigarillo, electronic pipe or electronic hookah and any related device 203
and any cartridge or other component of such device; 204 Substitute Bill No. 1085
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(3) "Liquid nicotine container" means a container that holds a liquid 205
substance containing nicotine that is sold, marketed or intended for 206
use in an electronic nicotine delivery system or vapor product, except 207
"liquid nicotine container" does not include such a container that is 208
prefilled and sealed by the manufacturer and not intended to be 209
opened by the consumer; and 210
(4) "Vapor product" means any product that employs a heating 211
element, power source, electronic circuit or other electronic, chemical 212
or mechanical means, regardless of shape or size, to produce a vapor 213
that may or may not include nicotine or cannabis concentrate, as 214
defined in section 1 of this act, that is inhaled by the user of such 215
product, but shall not include a medicinal or therapeutic product used 216
by a (A) licensed health care provider to treat a patient in a health care 217
setting, or (B) a patient, as prescribed or directed by a licensed health 218
care provider in any setting. 219
(b) (1) No person shall use an electronic nicotine or cannabis 220
delivery system or vapor product: (A) In any building or portion of a 221
building owned and operated or leased and operated by the state or 222
any political subdivision thereof; (B) in any area of a health care 223
institution; (C) in any area of a retail food store; (D) in any restaurant; 224
(E) in any area of an establishment with a permit issued for the sale of 225
alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22a, 226
30-22c, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-227
37f, in any area of establishment with a permit issued for the sale of 228
alcoholic liquor pursuant to section 30-23 issued after May 1, 2003, or 229
the bar area of a bowling establishment holding a permit pursuant to 230
subsection (a) of section 30-37c; (F) within a school building while 231
school is in session or student activities are being conducted; (G) 232
within a child care facility, except, if the child care facility is a family 233
child care home as defined in section 19a-77, such use is prohibited 234
only when a child enrolled in such home is present; (H) in any 235
passenger elevator, provided no person shall be arrested for violating 236
this subsection unless there is posted in such elevator a sign which 237 Substitute Bill No. 1085
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indicates that such use is prohibited by state law; (I) in any dormitory 238
in any public or private institution of higher education; or (J) in any 239
area of a dog race track or a facility equipped with screens for the 240
simulcasting of off-track betting race programs or jai alai games. For 241
purposes of this subsection, "restaurant" means space, in a suitable and 242
permanent building, kept, used, maintained, advertised and held out 243
to the public to be a place where meals are regularly served to the 244
public. 245
(2) This section shall not apply to (A) correctional facilities; (B) 246
designated smoking areas in psychiatric facilities; (C) public housing 247
projects, as defined in subsection (b) of section 21a-278a; (D) any 248
classroom where a demonstration of the use of an electronic nicotine or 249
cannabis delivery system or vapor product is taking place as part of a 250
medical or scientific experiment or lesson; (E) any medical research site 251
where the use of an electronic nicotine or cannabis delivery system or 252
vapor product is integral to the research being conducted; (F) 253
establishments without a permit for the sale of alcoholic liquor that sell 254
electronic nicotine or cannabis delivery systems, vapor products or 255
liquid nicotine containers on-site and allow their customers to use such 256
systems, products or containers on-site; (G) smoking rooms provided 257
by employers for employees, pursuant to section 31 -40q; (H) 258
notwithstanding the provisions of subparagraph (E) of subdivision (1) 259
of this subsection, the outdoor portion of the premises of any permittee 260
listed in subparagraph (E) of subdivision (1) of this subsection, 261
provided, in the case of any seating area maintained for the service of 262
food, at least seventy-five per cent of the outdoor seating capacity is an 263
area in which smoking is prohibited and which is clearly designated 264
with written signage as a nonsmoking area, except that any temporary 265
seating area established for special events and not used on a regular 266
basis shall not be subject to the prohibition on the use of an electronic 267
nicotine or cannabis delivery system or vapor product or the signage 268
requirements of this subparagraph; or (I) any tobacco bar, provided no 269
tobacco bar shall expand in size or change its location from its size or 270
location as of October 1, 2015. For purposes of this subdivision, 271 Substitute Bill No. 1085
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"outdoor" means an area which has no roof or other ceiling enclosure, 272
"tobacco bar" means an establishment with a permit for the sale of 273
alcoholic liquor to consumers issued pursuant to chapter 545 that, in 274
the calendar year ending December 31, 2015, generated ten per cent or 275
more of its total annual gross income from the on-site sale of tobacco 276
products and the rental of on-site humidors, and "tobacco product" 277
means any substance that contains tobacco, including, but not limited 278
to, cigarettes, cigars, pipe tobacco or chewing tobacco. "Tobacco 279
product" does not include a cannabis-type substance, as defined in 280
section 21a-240. 281
(c) The operator of a hotel, motel or similar lodging may allow 282
guests to use an electronic nicotine or cannabis delivery system or 283
vapor product in not more than twenty-five per cent of the rooms 284
offered as accommodations to guests. 285
(d) In each room, elevator, area or building in which the use of an 286
electronic nicotine or cannabis delivery system or vapor product is 287
prohibited by this section, the person in control of the premises shall 288
post or cause to be posted in a conspicuous place signs stating that 289
such use is prohibited by state law. Such signs, except in elevators, 290
restaurants, establishments with permits to sell alcoholic liquor to 291
consumers issued pursuant to chapter 545, hotels, motels or similar 292
lodgings, and health care institutions, shall have letters at least four 293
inches high with the principal strokes of letters not less than one-half 294
inch wide. 295
(e) Any person found guilty of using an electronic nicotine or 296
cannabis delivery system or vapor product in violation of this section, 297
failure to post signs as required by this section or the unauthorized 298
removal of such signs shall have committed an infraction. 299
(f) Nothing in this section shall be construed to require the 300
designation of any area for the use of electronic nicotine or cannabis 301
delivery system or vapor product in any building. 302 Substitute Bill No. 1085
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(g) The provisions of this section shall supersede and preempt the 303
provisions of any municipal law or ordinance relative to the use of an 304
electronic nicotine or cannabis delivery system or vapor product 305
effective prior to, on or after October 1, 2015. 306
Sec. 10. Subdivision (7) of subsection (c) of section 7-148 of the 307
general statutes is repealed and the following is substituted in lieu 308
thereof (Effective October 1, 2019): 309
(7) (A) (i) Make rules relating to the maintenance of safe and 310
sanitary housing; 311
(ii) Regulate the mode of using any buildings when such regulations 312
seem expedient for the purpose of promoting the safety, health, morals 313
and general welfare of the inhabitants of the municipality; 314
(iii) Regulate and prohibit the moving of buildings upon or through 315
the streets or other public places of the municipality, and cause the 316
removal and demolition of unsafe buildings and structures; 317
(iv) Regulate and provide for the licensing of parked trailers when 318
located off the public highways, and trailer parks or mobile 319
manufactured home parks, except as otherwise provided by special act 320
and except where there exists a local zoning commission so 321
empowered; 322
(v) Establish lines beyond which no buildings, steps, stoop, veranda, 323
billboard, advertising sign or device or other structure or obstruction 324
may be erected; 325
(vi) Regulate and prohibit the placing, erecting or keeping of signs, 326
awnings or other things upon or over the sidewalks, streets and other 327
public places of the municipality; 328
(vii) Regulate plumbing and house drainage; 329
(viii) Prohibit or regulate the construction of dwellings, apartments, 330 Substitute Bill No. 1085
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boarding houses, hotels, commercial buildings, youth camps or 331
commercial camps and commercial camping facilities in such 332
municipality unless the sewerage facilities have been approved by the 333
authorized officials of the municipality; 334
(B) (i) Regulate and prohibit, in a manner not inconsistent with the 335
general statutes, traffic, the operation of vehicles on streets and 336
highways, off-street parking and on-street residential neighborhood 337
parking areas in which on-street parking is limited to residents of a 338
given neighborhood, as determined by the municipality; 339
(ii) Regulate the speed of vehicles, subject to the provisions of the 340
general statutes relating to the regulation of the speed of motor 341
vehicles and of animals, and the driving or leading of animals through 342
the streets; 343
(iii) Require that conspicuous signage be posted in any area where a 344
motor vehicle may be subject to towing or to the use of a wheel-locking 345
device that renders such motor vehicle immovable, and that such 346
signage indicate where the motor vehicle will be stored, how the 347
vehicle may be redeemed and any costs or fees that may be charged; 348
(C) Regulate and prohibit the construction or use, and require the 349
removal of sinks, cesspools, drains, sewers, privies, barns, outhouses 350
and poultry pens and houses; 351
(D) (i) Regulate and prohibit the going at large of dogs and other 352
animals in the streets and public places of the municipality and 353
prevent cruelty to animals and all inhuman sports, except that no 354
municipality shall adopt breed-specific dog ordinances; 355
(ii) Regulate and prohibit the keeping of wild or domestic animals, 356
including reptiles, within the municipal limits or portions thereof; 357
(E) Define, prohibit and abate within the municipality all nuisances 358
and causes thereof, and all things detrimental to the health, morals, 359
safety, convenience and welfare of its inhabitants and cause the 360 Substitute Bill No. 1085
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abatement of any nuisance at the expense of the owner or owners of 361
the premises on which such nuisance exists; 362
(F) (i) Keep streets, sidewalks and public places free from undue 363
noise and nuisances, and prohibit loitering thereon; 364
(ii) Regulate loitering on private property with the permission of the 365
owner thereof; 366
(iii) Prohibit the loitering in the nighttime of minors on the streets, 367
alleys or public places within its limits; 368
(iv) Prevent trespassing on public and private lands and in 369
buildings in the municipality; 370
(G) Prevent vice and suppress gambling houses, houses of ill-fame 371
and disorderly houses; 372
(H) (i) Secure the safety of persons in or passing through the 373
municipality by regulation of shows, processions, parades and music; 374
(ii) Regulate and prohibit the carrying on within the municipality of 375
any trade, manufacture, business or profession which is, or may be, so 376
carried on as to become prejudicial to public health, conducive to fraud 377
and cheating, or dangerous to, or constituting an unreasonable 378
annoyance to, those living or owning property in the vicinity; 379
(iii) Regulate auctions and garage and tag sales; 380
(iv) Prohibit, restrain, license and regulate the business of peddlers, 381
auctioneers and junk dealers in a manner not inconsistent with the 382
general statutes; 383
(v) Regulate and prohibit swimming or bathing in the public or 384
exposed places within the municipality; 385
(vi) Regulate and license the operation of amusement parks and 386
amusement arcades including, but not limited to, the regulation of 387 Substitute Bill No. 1085
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mechanical rides and the establishment of the hours of operation; 388
(vii) Prohibit, restrain, license and regulate all sports, exhibitions, 389
public amusements and performances and all places where games may 390
be played; 391
(viii) Preserve the public peace and good order, prevent and quell 392
riots and disorderly assemblages and prevent disturbing noises; 393
(ix) Establish a system to obtain a more accurate registration of 394
births, marriages and deaths than the system provided by the general 395
statutes in a manner not inconsistent with the general statutes; 396
(x) Control insect pests or plant diseases in any manner deemed 397
appropriate; 398
(xi) Provide for the health of the inhabitants of the municipality and 399
do all things necessary or desirable to secure and promote the public 400
health; 401
(xii) Regulate the use of streets, sidewalks, highways, public places 402
and grounds for public and private purposes; 403
(xiii) Make and enforce police, sanitary or other similar regulations 404
and protect or promote the peace, safety, good government and 405
welfare of the municipality and its inhabitants; 406
(xiv) Regulate, in addition to the requirements under section 7-282b, 407
the installation, maintenance and operation of any device or 408
equipment in a residence or place of business which is capable of 409
automatically calling and relaying recorded emergency messages to 410
any state police or municipal police or fire department telephone 411
number or which is capable of automatically calling and relaying 412
recorded emergency messages or other forms of emergency signals to 413
an intermediate third party which shall thereafter call and relay such 414
emergency messages to a state police or municipal police or fire 415
department telephone number. Such regulations may provide for 416 Substitute Bill No. 1085
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penalties for the transmittal of false alarms by such devices or 417
equipment; 418
(xv) Make and enforce regulations for the prevention and 419
remediation of housing blight, including regulations reducing 420
assessments and authorizing designated agents of the municipality to 421
enter property during reasonable hours for the purpose of remediating 422
blighted conditions, provided such regulations define housing blight 423
and require such municipality to give written notice of any violation to 424
the owner and occupant of the property and provide a reasonable 425
opportunity for the owner and occupant to remediate the blighted 426
conditions prior to any enforcement action being taken, and further 427
provided such regulations shall not authorize such municipality or its 428
designated agents to enter any dwelling house or structure on such 429
property, and including regulations establishing a duty to maintain 430
property and specifying standards to determine if there is neglect; 431
prescribe civil penalties for the violation of such regulations of not less 432
than ten or more than one hundred dollars for each day that a 433
violation continues and, if such civil penalties are prescribed, such 434
municipality shall adopt a citation hearing procedure in accordance 435
with section 7-152c; 436
(xvi) Regulate, on any property owned by the municipality, any 437
activity deemed to be deleterious to public health, including the 438
lighting or carrying of a lighted cigarette, cigar, pipe or similar device, 439
whether containing wholly or in part tobacco, or a cannabis-type 440
substance, as defined in section 21a-240; 441
Sec. 11. Subsection (b) of section 21a-277 of the general statutes is 442
repealed and the following is substituted in lieu thereof (Effective July 443
1, 2019): 444
(b) (1) No person may manufacture, distribute, sell, prescribe, 445
dispense, compound, transport with the intent to sell or dispense, 446
possess with the intent to sell or dispense, offer, give or administer to 447
another person, except as authorized in this chapter, [or] chapter 420f 448 Substitute Bill No. 1085
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or sections 2 to 7, inclusive, of this act, any controlled substance other 449
than a (A) narcotic substance, or (B) hallucinogenic substance. 450
(2) Any person who violates subdivision (1) of this subsection (A) 451
for a first offense, may be fined not more than twenty-five thousand 452
dollars or imprisoned not more than seven years, or be both fined and 453
imprisoned, and (B) for any subsequent offense, may be fined not more 454
than one hundred thousand dollars or imprisoned not more than 455
fifteen years, or be both fined and imprisoned. 456
Sec. 12. Subsection (b) of section 21a-278 of the general statutes is 457
repealed and the following is substituted in lieu thereof (Effective July 458
1, 2019): 459
(b) (1) No person may manufacture, distribute, sell, prescribe, 460
dispense, compound, transport with the intent to sell or dispense, 461
possess with the intent to sell or dispense, offer, give or administer to 462
another person, except as authorized in this chapter, [or] chapter 420f 463
or sections 2 to 7, inclusive, of this act, (A) a narcotic substance, (B) a 464
hallucinogenic substance, (C) an amphetamine-type substance, or (D) 465
one kilogram or more of a cannabis-type substance. The provisions of 466
this subdivision shall not apply to a person who is, at the time of the 467
commission of the offense, a drug-dependent person. 468
(2) Any person who violates subdivision (1) of this subsection (A) 469
for a first offense, shall be imprisoned not less than five years or more 470
than twenty years, and (B) for any subsequent offense, shall be 471
imprisoned not less than ten years or more than twenty-five years. The 472
execution of the mandatory minimum sentence imposed by the 473
provisions of this subdivision shall not be suspended, except that the 474
court may suspend the execution of such mandatory minimum 475
sentence if, at the time of the commission of the offense, such person 476
was under the age of eighteen years or such person's mental capacity 477
was significantly impaired, but not so impaired as to constitute a 478
defense to prosecution. 479 Substitute Bill No. 1085
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Sec. 13. Subsection (a) of section 21a-279 of the general statutes is 480
repealed and the following is substituted in lieu thereof (Effective July 481
1, 2019): 482
(a) (1) Any person who possesses or has under such person's control 483
any quantity of any controlled substance, except less than one-half 484
ounce of a cannabis-type substance and except as authorized in this 485
chapter, chapter 420f or sections 2 to 7, inclusive, of this act, shall be 486
guilty of a class A misdemeanor. 487
(2) For a second offense of subdivision (1) of this subsection, the 488
court shall evaluate such person and, if the court determines such 489
person is a drug-dependent person, the court may suspend 490
prosecution of such person and order such person to undergo a 491
substance abuse treatment program. 492
(3) For any subsequent offense of subdivision (1) of this subsection, 493
the court may find such person to be a persistent offender for 494
possession of a controlled substance in accordance with section 53a-40. 495
Sec. 14. Subsection (a) of section 21a-279a of the general statutes is 496
repealed and the following is substituted in lieu thereof (Effective July 497
1, 2019): 498
(a) Any person who possesses or has under his control less than 499
one-half ounce of a cannabis-type substance, [as defined in section 21a-500
240,] except as authorized in this chapter, chapter 420f or sections 2 to 501
7, inclusive, of this act, shall (1) for a first offense, be fined one 502
hundred fifty dollars, and (2) for a subsequent offense, be fined not 503
less than two hundred dollars or more than five hundred dollars. 504
Sec. 15. Section 30-86 of the general statutes is repealed and the 505
following is substituted in lieu thereof (Effective July 1, 2019): 506
(a) As used in this section: 507
(1) "Cardholder" means any person who presents a driver's license 508 Substitute Bill No. 1085
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or an identity card to a (A) permittee or permittee's agent or employee, 509
to purchase or receive alcoholic liquor from such permittee or 510
permittee's agent or employee, or (B) cannabis retailer to purchase 511
cannabis or a cannabis product from such cannabis retailer; 512
(2) "Identity card" means an identification card issued in accordance 513
with the provisions of section 1-1h; 514
(3) "Transaction scan" means the process by which a permittee or 515
permittee's agent or employee or cannabis retailer checks, by means of 516
a transaction scan device, the validity of a driver's license or an 517
identity card; [and] 518
(4) "Transaction scan device" means any commercial device or 519
combination of devices used at a point of sale that is capable of 520
deciphering in an electronically readable format the information 521
encoded on the magnetic strip or bar code of a driver's license or an 522
identity card; 523
(5) "Cannabis" means a cannabis-type substance, as defined in 524
section 21a-240; 525
(6) "Cannabis product" means cannabis product, as defined in 526
section 1 of this act; and 527
(7) "Cannabis retailer" means a cannabis retailer, as defined in 528
section 1 of this act. 529
(b) (1) Any permittee or any servant or agent of a permittee who 530
sells or delivers alcoholic liquor to any minor or any intoxicated 531
person, or to any habitual drunkard, knowing the person to be such an 532
habitual drunkard, shall be subject to the penalties of section 30-113. 533
(2) Any person who sells, ships, delivers or gives alcoholic liquor to 534
a minor, by any means, including, but not limited to, the Internet or 535
any other on-line computer network, except on the order of a 536
practicing physician, shall be fined not more than three thousand five 537 Substitute Bill No. 1085
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hundred dollars or imprisoned not more than eighteen months, or 538
both. 539
(3) The provisions of this subsection shall not apply (A) to a sale, 540
shipment or delivery made to a person over age eighteen who is an 541
employee or permit holder under section 30-90a and where such sale, 542
shipment or delivery is made in the course of such person's 543
employment or business, (B) to a sale, shipment or delivery made in 544
good faith to a minor who practices any deceit in the procurement of 545
an identity card issued in accordance with the provisions of section 1-546
1h, who uses or exhibits any such identity card belonging to any other 547
person or who uses or exhibits any such identity card that has been 548
altered or tampered with in any way, or (C) to a shipment or delivery 549
made to a minor by a parent, guardian or spouse of the minor, 550
provided such parent, guardian or spouse has attained the age of 551
twenty-one and provided such minor possesses such alcoholic liquor 552
while accompanied by such parent, guardian or spouse. 553
(4) Nothing in this subsection shall be construed to burden a 554
person's exercise of religion under section 3 of article first of the 555
Constitution of the state in violation of subsection (a) of section 52-556
571b. 557
(c) (1) (A) A permittee or permittee's agent or employee may 558
perform a transaction scan to check the validity of a driver's license or 559
identity card presented by a cardholder as a condition for selling, 560
giving away or otherwise distributing alcoholic liquor to the 561
cardholder. 562
(B) A cannabis retailer shall perform a transaction scan to check the 563
validity of a driver's license or identity card presented by a cardholder 564
as a condition for selling cannabis or a cannabis product to the 565
cardholder. 566
(2) (A) If the information deciphered by the transaction scan 567
performed under subdivision (1) of this subsection fails to match the 568 Substitute Bill No. 1085
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information printed on the driver's license or identity card presented 569
by the cardholder, or if the transaction scan indicates that the 570
information so printed is false or fraudulent, neither the permittee nor 571
any permittee's agent or employee shall sell, give away or otherwise 572
distribute any alcoholic liquor to the cardholder. 573
(B) If the information deciphered by the transaction scan performed 574
under subdivision (1) of this subsection fails to match the information 575
printed on the driver's license or identity card presented by the 576
cardholder, or if the transaction scan indicates that the information so 577
printed is false or fraudulent, the cannabis retailer shall not sell any 578
cannabis or cannabis product to the cardholder. 579
(3) (A) Subdivision (1) of this subsection does not preclude a 580
permittee or permittee's agent or employee from using a transaction 581
scan device to check the validity of a document presented as 582
identification other than a driver's license or an identity card, if the 583
document includes a bar code or magnetic strip that may be scanned 584
by the device, as a condition for selling, giving away or otherwise 585
distributing alcoholic liquor to the person presenting the document. 586
(B) Subdivision (1) of this subsection does not preclude a cannabis 587
retailer from using a transaction scan device to check the validity of a 588
document presented as identification other than a driver's license or an 589
identity card, if the document includes a bar code or magnetic strip 590
that may be scanned by the device, as a condition for selling cannabis 591
or a cannabis product to the person presenting the document. 592
(d) (1) No permittee or permittee's agent or employee shall 593
electronically or mechanically record or maintain any information 594
derived from a transaction scan, except the following: (A) The name 595
and date of birth of the person listed on the driver's license or identity 596
card presented by a cardholder; (B) the expiration date and 597
identification number of the driver's license or identity card presented 598
by a cardholder. 599 Substitute Bill No. 1085
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(2) No permittee or permittee's agent or employee shall use a 600
transaction scan device for a purpose other than the purposes specified 601
in subsection (c) of this section, subsection (d) of section 53-344 or 602
subsection (e) of section 53-344b. 603
(3) No cannabis retailer shall (A) electronically or mechanically 604
record or maintain any information derived from a transaction scan or 605
otherwise obtained from the driver's license or identity card presented 606
by a cardholder, or (B) use a transaction scan device for a purpose 607
other than the purposes specified in subsection (c) of this section. 608
[(3)] (4) No permittee or permittee's agent or employee or cannabis 609
retailer shall sell or otherwise disseminate the information derived 610
from a transaction scan to any third party for any purpose, including, 611
but not limited to, any marketing, advertising or promotional 612
activities, except that a permittee or permittee's agent or employee may 613
release that information pursuant to a court order. 614
[(4)] (5) Nothing in subsection (c) of this section or this subsection 615
relieves a permittee or permittee's agent or employee of any 616
responsibility to comply with any other applicable state or federal laws 617
or rules governing the sale, giving away or other distribution of 618
alcoholic liquor. 619
[(5)] (6) Any person who violates this subsection shall be subject to a 620
civil penalty of not more than one thousand dollars. 621
(e) (1) In any prosecution of a permittee or permittee's agent or 622
employee for selling alcoholic liquor to a minor in violation of 623
subsection (b) of this section, it shall be an affirmative defense that all 624
of the following occurred: (A) A cardholder attempting to purchase or 625
receive alcoholic liquor presented a driver's license or an identity card; 626
(B) a transaction scan of the driver's license or identity card that the 627
cardholder presented indicated that the license or card was valid; and 628
(C) the alcoholic liquor was sold, given away or otherwise distributed 629
to the cardholder in reasonable reliance upon the identification 630 Substitute Bill No. 1085
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presented and the completed transaction scan. 631
(2) In determining whether a permittee or permittee's agent or 632
employee has proven the affirmative defense provided by subdivision 633
(1) of this subsection, the trier of fact in such prosecution shall consider 634
that reasonable reliance upon the identification presented and the 635
completed transaction scan may require a permittee or permittee's 636
agent or employee to exercise reasonable diligence and that the use of 637
a transaction scan device does not excuse a permittee or permittee's 638
agent or employee from exercising such reasonable diligence to 639
determine the following: (A) Whether a person to whom the permittee 640
or permittee's agent or employee sells, gives away or otherwise 641
distributes alcoholic liquor is twenty-one years of age or older; and (B) 642
whether the description and picture appearing on the driver's license 643
or identity card presented by a cardholder are those of the cardholder. 644
Sec. 16. Section 30-88a of the general statutes is repealed and the 645
following is substituted in lieu thereof (Effective July 1, 2019): 646
Each person who attains the age of twenty-one years and has a 647
motor vehicle operator's license, containing a full-face photograph of 648
such person, may use, and each permittee or cannabis retailer may 649
accept, such license as legal proof of the age of the licensee for the 650
purposes of this chapter and section 3 of this act. Any person who, for 651
the purpose of procuring alcoholic liquor or cannabis or a cannabis 652
product, misrepresents his or her age or uses or exhibits an operator's 653
license belonging to any other person shall be fined not less than two 654
hundred dollars or more than five hundred dollars or imprisoned not 655
more than thirty days, or both. For purposes of this section, "cannabis", 656
"cannabis product" and "cannabis retailer" have the same meanings as 657
provided in section 30-86, as amended by this act. 658
Sec. 17. Subsection (a) of section 30-89 of the general statutes is 659
repealed and the following is substituted in lieu thereof (Effective July 660
1, 2019): 661 Substitute Bill No. 1085
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(a) Any person to whom the sale of alcoholic liquor, cannabis or a 662
cannabis product is by law forbidden who purchases or attempts to 663
purchase such liquor, cannabis or cannabis product or who makes any 664
false statement for the purpose of procuring such liquor, cannabis or 665
cannabis product shall be fined not less than two hundred or more 666
than five hundred dollars. For purposes of this subsection, "cannabis" 667
and "cannabis product" have the same meanings as provided in section 668
30-86, as amended by this act. 669
Sec. 18. Section 30-89a of the general statutes is repealed and the 670
following is substituted in lieu thereof (Effective July 1, 2019): 671
(a) No person having possession of, or exercising dominion and 672
control over, any dwelling unit or private property shall (1) 673
knowingly, recklessly or with criminal negligence permit any minor to 674
possess alcoholic liquor in violation of subsection (b) of section 30-89 675
or cannabis or a cannabis product in such dwelling unit or on such 676
private property, or (2) knowing that any minor possesses alcoholic 677
liquor in violation of subsection (b) of section 30-89 or cannabis or a 678
cannabis product in such dwelling unit or on such private property, 679
fail to make reasonable efforts to halt such possession. For the 680
purposes of this subsection, "minor" means a person under twenty-one 681
years of age. For purposes of this section, "cannabis" and "cannabis 682
product" have the same meanings as provided in section 30-86, as 683
amended by this act. 684
(b) Any person who violates the provisions of subsection (a) of this 685
section shall be guilty of a class A misdemeanor. 686
Sec. 19. Section 54-142a of the general statutes is repealed and the 687
following is substituted in lieu thereof (Effective October 1, 2019): 688
(a) Whenever in any criminal case, on or after October 1, 1969, the 689
accused, by a final judgment, is found not guilty of the charge or the 690
charge is dismissed, all police and court records and records of any 691
state's attorney pertaining to such charge shall be erased upon the 692 Substitute Bill No. 1085
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expiration of the time to file a writ of error or take an appeal, if an 693
appeal is not taken, or upon final determination of the appeal 694
sustaining a finding of not guilty or a dismissal, if an appeal is taken. 695
Nothing in this subsection shall require the erasure of any record 696
pertaining to a charge for which the defendant was found not guilty by 697
reason of mental disease or defect or guilty but not criminally 698
responsible by reason of mental disease or defect. 699
(b) Whenever in any criminal case prior to October 1, 1969, the 700
accused, by a final judgment, was found not guilty of the charge or the 701
charge was dismissed, all police and court records and records of the 702
state's or prosecuting attorney or the prosecuting grand juror 703
pertaining to such charge shall be erased by operation of law and the 704
clerk or any person charged with the retention and control of such 705
records shall not disclose to anyone their existence or any information 706
pertaining to any charge so erased; provided nothing in this subsection 707
shall prohibit the arrested person or any one of his heirs from filing a 708
petition for erasure with the court granting such not guilty judgment 709
or dismissal, or, where the matter had been before a municipal court, a 710
trial justice, the Circuit Court or the Court of Common Pleas [with the 711
records center of the Judicial Department] in the Superior Court where 712
venue would exist for criminal prosecution, and thereupon all police 713
and court records and records of the state's attorney, prosecuting 714
attorney or prosecuting grand juror pertaining to such charge shall be 715
erased. Nothing in this subsection shall require the erasure of any 716
record pertaining to a charge for which the defendant was found not 717
guilty by reason of mental disease or defect. 718
(c) (1) Whenever any charge in a criminal case has been nolled in the 719
Superior Court, or in the Court of Common Pleas, if at least thirteen 720
months have elapsed since such nolle, all police and court records and 721
records of the state's or prosecuting attorney or the prosecuting grand 722
juror pertaining to such charge shall be erased, except that in cases of 723
nolles entered in the Superior Court, Court of Common Pleas, Circuit 724
Court, municipal court or by a justice of the peace prior to April 1, 725 Substitute Bill No. 1085
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1972, such records shall be deemed erased by operation of law and the 726
clerk or the person charged with the retention and control of such 727
records shall not disclose to anyone their existence or any information 728
pertaining to any charge so erased, provided nothing in this subsection 729
shall prohibit the arrested person or any one of his heirs from filing a 730
petition to the court or to the records center of the Judicial Department, 731
as the case may be, to have such records erased, in which case such 732
records shall be erased. 733
(2) Whenever any charge in a criminal case has been continued at 734
the request of the prosecuting attorney, and a period of thirteen 735
months has elapsed since the granting of such continuance during 736
which period there has been no prosecution or other disposition of the 737
matter, the charge shall be nolled upon motion of the arrested person 738
and such erasure may thereafter be effected or a petition filed therefor, 739
as the case may be, as provided in this subsection for nolled cases. 740
(d) (1) Whenever prior to October 1, 1974, any person who has been 741
convicted of an offense in any court of this state has received an 742
absolute pardon for such offense, such person or any one of his heirs 743
may, at any time subsequent to such pardon, file a petition with the 744
[superior court] Superior Court at the location in which such 745
conviction was effected, or with the [superior court] Superior Court at 746
the location having custody of the records of such conviction or [with 747
the records center of the Judicial Department] if such conviction was in 748
the Court of Common Pleas, Circuit Court, municipal court or by a 749
trial justice court, in the Superior Court where venue would exist for 750
criminal prosecution, for an order of erasure, and the Superior Court 751
or records center of the Judicial Department shall direct all police and 752
court records and records of the state's or prosecuting attorney 753
pertaining to such [case] offense to be erased. 754
(2) Whenever such absolute pardon was received on or after 755
October 1, 1974, such records shall be erased. 756
(e) (1) The clerk of the court [or any person charged with retention 757 Substitute Bill No. 1085
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and control of such records in the records center of the Judicial 758
Department] or any law enforcement agency having information 759
contained in such erased records shall not disclose to anyone, except 760
the subject of the record, upon submission pursuant to guidelines 761
prescribed by the Office of the Chief Court Administrator of 762
satisfactory proof of the subject's identity, information pertaining to 763
any charge erased under any provision of this section and such clerk or 764
person charged with the retention and control of such records shall 765
forward a notice of such erasure to any law enforcement agency to 766
which he knows information concerning the arrest has been 767
disseminated and such disseminated information shall be erased from 768
the records of such law enforcement agency. Such clerk or such person, 769
as the case may be, shall provide adequate security measures to 770
safeguard against unauthorized access to or dissemination of such 771
records or upon the request of the accused cause the actual physical 772
destruction of such records, except that such clerk or such person shall 773
not cause the actual physical destruction of such records until three 774
years have elapsed from the date of the final disposition of the criminal 775
case to which such records pertain. 776
(2) No fee shall be charged in any court with respect to any petition 777
under this section. 778
(3) Any person who shall have been the subject of such an erasure 779
shall be deemed to have never been arrested within the meaning of the 780
general statutes with respect to the proceedings so erased and may so 781
swear under oath. 782
(f) Upon motion properly brought, the court or a judge of such 783
court, if such court is not in session, shall order disclosure of such 784
records (1) to a defendant in an action for false arrest arising out of the 785
proceedings so erased, or (2) to the prosecuting attorney and defense 786
counsel in connection with any perjury charges which the prosecutor 787
alleges may have arisen from the testimony elicited during the trial, or 788
any false statement charges, or any proceeding held pursuant to 789
section 53a-40b, or (3) counsel for the petitioner and the respondent in 790 Substitute Bill No. 1085
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connection with any habeas corpus or other collateral civil action in 791
which evidence pertaining to a nolled or dismissed criminal charge 792
may become relevant. Such disclosure of such records is subject also to 793
any records destruction program pursuant to which the records may 794
have been destroyed. The jury charge in connection with erased 795
offenses may be ordered by the judge for use by the judiciary, 796
provided the names of the accused and the witnesses are omitted 797
therefrom. 798
(g) The provisions of this section shall not apply to any police or 799
court records or the records of any state's attorney or prosecuting 800
attorney with respect to any information or indictment containing 801
more than one count (1) while the criminal case is pending, or (2) when 802
the criminal case is disposed of unless and until all counts are entitled 803
to erasure in accordance with the provisions of this section, except that 804
when the criminal case is disposed of, electronic records or portions of 805
electronic records released to the public that reference a charge that 806
would otherwise be entitled to erasure under this section shall be 807
erased in accordance with the provisions of this section. Nothing in 808
this section shall require the erasure of any information contained in 809
the registry of protective orders established pursuant to section 51-5c. 810
For the purposes of this subsection, "electronic record" means any 811
police or court record or the record of any state's attorney or 812
prosecuting attorney that is an electronic record, as defined in section 813
1-267, or a computer printout. 814
(h) For the purposes of this [section] chapter, "court records" shall 815
not include a record or transcript of the proceedings made or prepared 816
by an official court reporter, assistant court reporter or monitor. 817
Sec. 20. Section 54-142d of the general statutes is repealed and the 818
following is substituted in lieu thereof (Effective July 1, 2019): 819
(a) Whenever any person has been convicted of an offense in any 820
court in this state and such offense has been decriminalized 821
subsequent to the date of such conviction, such person may file a 822 Substitute Bill No. 1085
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petition with the [superior court] Superior Court at the location in 823
which such conviction was effected, or with the [superior court] 824
Superior Court at the location having custody of the records of such 825
conviction or [with the records center of the Judicial Department] if 826
such conviction was in the Court of Common Pleas, Circuit Court, 827
municipal court or by a trial justice in the Superior Court where venue 828
would exist for criminal prosecution, for an order of erasure, and the 829
Superior Court [or records center of the Judicial Department] shall 830
direct all police and court records and records of the state's or 831
prosecuting attorney pertaining to such [case] offense to be physically 832
destroyed. 833
(b) Any person who has been convicted in any court in this state of a 834
violation of section 21a-279, as amended by this act, for possession of a 835
cannabis-type substance and the amount possessed was less than or 836
equal to one and one-half ounces of such substance, may file a petition 837
with the Superior Court at the location in which such conviction was 838
effected, or with the Superior Court at the location having custody of 839
the records of such conviction or if such conviction was in the Court of 840
Common Pleas, Circuit Court, municipal court or by a trial justice, in 841
the Superior Court where venue would currently exist for criminal 842
prosecution, for an order of erasure. As part of such petition, such 843
person shall include a copy of the arrest record or an affidavit 844
supporting such person's petition that such person possessed one and 845
one-half ounces or less of a cannabis-type substance for which such 846
person was convicted. If such petition is in order, the Superior Court 847
shall direct all police and court records and records of the state's or 848
prosecuting attorney pertaining to such offense to be physically 849
destroyed. No fee may be charged in any court with respect to any 850
petition under this subsection. 851
(c) The provisions of this section shall not apply to any police or 852
court records or records of the state's or prosecuting attorney 853
pertaining to such offense (1) while the criminal case is pending, or (2) 854
in instances where the case contains more than one count, until all 855 Substitute Bill No. 1085
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counts are entitled to destruction. If all counts are not entitled to 856
destruction, the court shall direct the records of any offenses that 857
would otherwise be entitled to destruction pursuant to this section to 858
be deemed erased pursuant to section 54-142a. 859
Sec. 21. Section 53a-32 of the general statutes is repealed and the 860
following is substituted in lieu thereof (Effective October 1, 2019): 861
(a) (1) At any time during the period of probation or conditional 862
discharge, the court or any judge thereof may issue a warrant for the 863
arrest of a defendant for violation of any of the conditions of probation 864
or conditional discharge, except as provided in subdivision (2) of this 865
subsection, or may issue a notice to appear to answer to a charge of 866
such violation, except as provided in subdivision (2) of this subsection, 867
which notice shall be personally served upon the defendant. Any such 868
warrant shall authorize all officers named therein to return the 869
defendant to the custody of the court or to any suitable detention 870
facility designated by the court. Whenever a probation officer has 871
probable cause to believe that a person has violated a condition of such 872
person's probation, except as provided in subdivision (2) of this 873
subsection, such probation officer may notify any police officer that 874
such person has, in such officer's judgment, violated the conditions of 875
such person's probation and such notice shall be sufficient warrant for 876
the police officer to arrest such person and return such person to the 877
custody of the court or to any suitable detention facility designated by 878
the court. Whenever a probation officer so notifies a police officer, the 879
probation officer shall notify the victim of the offense for which such 880
person is on probation, and any victim advocate assigned to assist the 881
victim, provided the probation officer has been provided with the 882
name and contact information for such victim or victim advocate. Any 883
probation officer may arrest any defendant on probation without a 884
warrant or may deputize any other officer with power to arrest to do 885
so by giving such other officer a written statement setting forth that the 886
defendant has, in the judgment of the probation officer, violated the 887
conditions of the defendant's probation, except as provided in 888 Substitute Bill No. 1085
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subdivision (2) of this subsection. Such written statement, delivered 889
with the defendant by the arresting officer to the official in charge of 890
any correctional center or other place of detention, shall be sufficient 891
warrant for the detention of the defendant. After making such an 892
arrest, such probation officer shall present to the detaining authorities 893
a similar statement of the circumstances of violation. Provisions 894
regarding release on bail of persons charged with a crime shall be 895
applicable to any defendant arrested under the provisions of this 896
section. Upon such arrest and detention, the probation officer shall 897
immediately so notify the court or any judge thereof. 898
(2) No violation of a condition of probation or conditional discharge 899
that is based solely on a defendant's possession, use or other 900
consumption of cannabis or cannabis products, each as defined in 901
section 1 of this act, may result in an arrest of or a warrant or 902
notification to arrest or detain such defendant or return such 903
defendant to the custody of the court under subdivision (1) of this 904
subsection, provided the defendant was (A) twenty-one years of age or 905
older at the time of such possession, use or other consumption, and (B) 906
not in possession of more cannabis or cannabis product than such 907
defendant's possession limit pursuant to section 2 of this act. 908
(b) (1) When the defendant is presented for arraignment on the 909
charge of violation of any of the conditions of probation or conditional 910
discharge, except as provided in subdivision (2) of this subsection, the 911
court shall review any conditions previously imposed on the 912
defendant and may order, as a condition of the pretrial release of the 913
defendant, that the defendant comply with any or all of such 914
conditions in addition to any conditions imposed pursuant to section 915
54-64a. Unless the court, pursuant to subsection (c) of section 54-64a, 916
orders that the defendant remain under the supervision of a probation 917
officer or other designated person or organization, the defendant shall 918
be supervised by the Court Support Services Division of the Judicial 919
Branch in accordance with subsection (a) of section 54-63b. 920
(2) No violation of a condition of probation or conditional discharge 921 Substitute Bill No. 1085
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that is based entirely on a defendant's possession, use or other 922
consumption of cannabis or cannabis products, each as defined in 923
section 1 of this act, may be the sole charge for which a defendant is 924
arraigned under subdivision (1) of this subsection, provided the 925
defendant was (A) twenty-one years of age or older at the time of such 926
possession, use or other consumption, and (B) not in possession of 927
more cannabis or cannabis product than such defendant's possession 928
limit pursuant to section 2 of this act. 929
(c) (1) Upon notification by the probation officer of the arrest of the 930
defendant or upon an arrest by warrant as [herein] provided in this 931
section, the court shall cause the defendant to be brought before it 932
without unnecessary delay for a hearing on the violation charges, 933
except as provided in subdivision (2) of this subsection. At such 934
hearing the defendant shall be informed of the manner in which such 935
defendant is alleged to have violated the conditions of such 936
defendant's probation or conditional discharge, shall be advised by the 937
court that such defendant has the right to retain counsel and, if 938
indigent, shall be entitled to the services of the public defender, and 939
shall have the right to cross-examine witnesses and to present evidence 940
in such defendant's own behalf. Unless good cause is shown, a charge 941
of violation of any of the conditions of probation or conditional 942
discharge shall be disposed of or scheduled for a hearing not later than 943
one hundred twenty days after the defendant is arraigned on such 944
charge. 945
(2) No violation of a condition of probation or conditional discharge 946
that is based entirely on a defendant's possession, use or other 947
consumption of cannabis or cannabis products, each as defined in 948
section 1 of this act, may be the sole charge for which a defendant is 949
brought before the court for a hearing under subdivision (1) of this 950
subsection, provided the defendant was (A) twenty-one years of age or 951
older at the time of such possession, use or other consumption, and (B) 952
not in possession of more cannabis or cannabis product than such 953
defendant's possession limit pursuant to section 2 of this act. 954 Substitute Bill No. 1085
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(d) (1) If such violation is established, the court may: [(1)] (A) 955
Continue the sentence of probation or conditional discharge; [(2)] (B) 956
modify or enlarge the conditions of probation or conditional discharge; 957
[(3)] (C) extend the period of probation or conditional discharge, 958
provided the original period with any extensions shall not exceed the 959
periods authorized by section 53a-29; or [(4)] (D) revoke the sentence 960
of probation or conditional discharge, except as provided in 961
subdivision (2) of this subsection. If such sentence is revoked, the court 962
shall require the defendant to serve the sentence imposed or impose 963
any lesser sentence. Any such lesser sentence may include a term of 964
imprisonment, all or a portion of which may be suspended entirely or 965
after a period set by the court, followed by a period of probation with 966
such conditions as the court may establish. No such revocation shall be 967
ordered, except upon consideration of the whole record and unless 968
such violation is established by the introduction of reliable and 969
probative evidence and by a preponderance of the evidence. 970
(2) No violation of a condition of probation or conditional discharge 971
that is based entirely on a defendant's possession, use or other 972
consumption of cannabis or cannabis products, each as defined in 973
section 1 of this act, may be the sole violation for which a defendant's 974
sentence of probation or conditional discharge is revoked under 975
subdivision (1) of this subsection, provided the defendant was (A) 976
twenty-one years of age or older at the time of such possession, use or 977
other consumption, and (B) not in possession of more cannabis or 978
cannabis product than such defendant's possession limit pursuant to 979
section 2 of this act. 980
Sec. 22. Section 54-64f of the general statutes is repealed and the 981
following is substituted in lieu thereof (Effective October 1, 2019): 982
(a) (1) Upon application by the prosecuting authority alleging that a 983
defendant has violated the conditions of the defendant's release, except 984
as provided in subdivision (2) of this subsection, the court may, if 985
probable cause is found, order that the defendant appear in court for 986
an evidentiary hearing upon such allegations. An order to appear shall 987 Substitute Bill No. 1085
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be served upon the defendant by any law enforcement officer 988
delivering a copy to the defendant personally, or by leaving it at the 989
defendant's usual place of abode with a person of suitable age and 990
discretion then residing therein, or mailing it by registered or certified 991
mail to the last-known address of the defendant. 992
(2) No violation of a condition of the defendant's release that is 993
based entirely on a defendant's possession, use or other consumption 994
of cannabis or cannabis products, each as defined in section 1 of this 995
act, may be the sole violation that a prosecuting authority alleges 996
under subdivision (1) of this subsection, provided the defendant was 997
(A) twenty-one years of age or older at the time of such possession, use 998
or other consumption, and (B) not in possession of more cannabis or 999
cannabis product than such defendant's possession limit pursuant to 1000
section 2 of this act. 1001
(b) If the court, after an evidentiary hearing at which hearsay or 1002
secondary evidence shall be admissible, finds by clear and convincing 1003
evidence that the defendant has violated reasonable conditions 1004
imposed on the defendant's release it may impose different or 1005
additional conditions upon the defendant's release. If the defendant is 1006
on release with respect to an offense for which a term of imprisonment 1007
of ten or more years may be imposed and the court, after an 1008
evidentiary hearing at which hearsay or secondary evidence shall be 1009
admissible, finds by clear and convincing evidence that the defendant 1010
has violated reasonable conditions of the defendant's release and that 1011
the safety of any other person is endangered while the defendant is on 1012
release, it may revoke such release, provided the cause for revocation 1013
is not based entirely on a violation that is based solely on a defendant's 1014
possession, use or other consumption of cannabis or cannabis 1015
products, each as defined in section 1 of this act, in a case where the 1016
defendant was (1) twenty-one years of age or older at the time of such 1017
possession, use or other consumption, and (2) not in possession of 1018
more cannabis or cannabis product than such defendant's possession 1019
limit pursuant to section 2 of this act. 1020 Substitute Bill No. 1085
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(c) If the defendant is on release with respect to an offense for which 1021
a term of imprisonment of ten or more years may be imposed and the 1022
court, after an evidentiary hearing at which hearsay or secondary 1023
evidence shall be admissible, finds by clear and convincing evidence 1024
that the safety of any other person is endangered while the defendant 1025
is on release and that there is probable cause to believe that the 1026
defendant has committed a federal, state or local crime while on 1027
release, there shall be a rebuttable presumption that the defendant's 1028
release should be revoked, provided the cause for revocation is not 1029
based entirely on a violation that is based solely on a defendant's 1030
possession, use or other consumption of cannabis or cannabis 1031
products, each as defined in section 1 of this act, in a case where the 1032
defendant was (1) twenty-one years of age or older at the time of such 1033
possession, use or other consumption, and (2) not in possession of 1034
more cannabis or cannabis product than such defendant's possession 1035
limit pursuant to section 2 of this act. 1036
(d) The revocation of a defendant's release pursuant to this section 1037
shall cause any bond posted in the criminal proceeding to be 1038
automatically terminated and the surety to be released. 1039
Sec. 23. Section 54-126 of the general statutes is repealed and the 1040
following is substituted in lieu thereof (Effective October 1, 2019): 1041
(a) Said Board of Pardons and Paroles may establish such rules and 1042
regulations as it deems necessary, upon which such convict may go 1043
upon parole, and the panel for the particular case may establish special 1044
provisions for the parole of a convict. The chairman of the board shall 1045
enforce such rules, regulations and provisions and retake and 1046
reimprison any convict upon parole, for any reason that such panel, or 1047
the chairman with the approval of the panel, deems sufficient, except 1048
as provided in subsection (b) of this section; and the chairman may 1049
detain any convict or inmate pending approval by the panel of such 1050
retaking or reimprisonment. 1051
(b) A convict or inmate's possession, use or other consumption of 1052 Substitute Bill No. 1085
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cannabis or cannabis products, each as defined in section 1 of this act, 1053
may not provide the sole reason deemed sufficient to permit the 1054
chairman of the board to retake and reimprison a convict or inmate or 1055
detain the convict or inmate pending such approval of such retaking or 1056
reimprisonment, provided the convict or inmate was (1) twenty-one 1057
years of age or older at the time of such possession, use or other 1058
consumption, and (2) not in possession of more cannabis or cannabis 1059
product than such defendant's possession limit pursuant to section 2 of 1060
this act. 1061
Sec. 24. Section 54-127 of the general statutes is repealed and the 1062
following is substituted in lieu thereof (Effective October 1, 2019): 1063
The request of the Commissioner of Correction or any officer of the 1064
Department of Correction so designated by the commissioner, or of the 1065
Board of Pardons and Paroles or its chairman shall be sufficient 1066
warrant to authorize any officer of the Department of Correction or 1067
any officer authorized by law to serve criminal process within this 1068
state, to return any convict or inmate on parole into actual custody; 1069
and any such officer, police officer, constable or state marshal shall 1070
arrest and hold any parolee or inmate when so requested, without any 1071
written warrant, provided the reason to return such convict or inmate 1072
on parole into actual custody is not based solely on such convict or 1073
inmate's possession, use or other consumption of cannabis or cannabis 1074
products, each as defined in section 1 of this act, in the case of a convict 1075
or inmate who was (1) twenty-one years of age or older at the time of 1076
such possession, use or other consumption, and (2) not in possession of 1077
more cannabis or cannabis product than such defendant's possession 1078
limit pursuant to section 2 of this act. 1079
Sec. 25. Section 54-127a of the general statutes is repealed and the 1080
following is substituted in lieu thereof (Effective October 1, 2019): 1081
All parole revocation and rescission hearings shall be conducted by 1082
an employee of the Board of Pardons and Paroles. The parole of a 1083
person who has been allowed to go on parole in accordance with 1084 Substitute Bill No. 1085
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subsection (a) of section 54-125a or section 54-125g, or who has been 1085
sentenced to a period of special parole in accordance with subdivision 1086
(9) of subsection (b) of section 53a-28, shall be revoked or rescinded if, 1087
after such hearing, the employee recommends such revocation or 1088
rescission and such recommendation is approved by at least two 1089
members of a panel of the board, provided the reason for such 1090
revocation or rescission is not based solely on such person's 1091
possession, use or other consumption of cannabis or cannabis 1092
products, each as defined in section 1 of this act, in the case of a person 1093
who was (1) twenty-one years of age or older at the time of such 1094
possession, use or other consumption, and (2) not in possession of 1095
more cannabis or cannabis product than such defendant's possession 1096
limit pursuant to section 2 of this act. 1097
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 New section
Sec. 2 July 1, 2019 New section
Sec. 3 July 1, 2019 New section
Sec. 4 July 1, 2019 New section
Sec. 5 July 1, 2019 New section
Sec. 6 July 1, 2019 New section
Sec. 7 July 1, 2019 New section
Sec. 8 July 1, 2019 19a-342(a) and (b)
Sec. 9 July 1, 2019 19a-342a
Sec. 10 October 1, 2019 7-148(c)(7)
Sec. 11 July 1, 2019 21a-277(b)
Sec. 12 July 1, 2019 21a-278(b)
Sec. 13 July 1, 2019 21a-279(a)
Sec. 14 July 1, 2019 21a-279a(a)
Sec. 15 July 1, 2019 30-86
Sec. 16 July 1, 2019 30-88a
Sec. 17 July 1, 2019 30-89(a)
Sec. 18 July 1, 2019 30-89a
Sec. 19 October 1, 2019 54-142a
Sec. 20 July 1, 2019 54-142d
Sec. 21 October 1, 2019 53a-32 Substitute Bill No. 1085
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Sec. 22 October 1, 2019 54-64f
Sec. 23 October 1, 2019 54-126
Sec. 24 October 1, 2019 54-127
Sec. 25 October 1, 2019 54-127a
Statement of Legislative Commissioners:
In Section 1, the definition of "cannabis retailer" was divided into
subparagraphs for clarity and the definition of "dispense" was deleted
for accuracy, as the term is not used in sections 1 to 7, inclusive, of the
bill, in Section 9, the effective date was changed to conform with
Section 8, in Section 15(d), subdivisions (2) and (3) were reordered for
consistency, in Section 18, subsections (a) and (b) were merged for
clarity, and in Section 19 (b) and (d) and Section 20(a) "currently" was
deleted as unnecessary.
JUD Joint Favorable Subst.