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| 3 | - | LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01085-R01- | |
| 4 | - | SB.docx | |
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| 3 | + | LCO No. 6083 1 of 17 | |
| 6 | 4 | ||
| 7 | - | General Assembly | |
| 5 | + | General Assembly Raised Bill No. 1085 | |
| 8 | 6 | January Session, 2019 | |
| 7 | + | LCO No. 6083 | |
| 9 | 8 | ||
| 9 | + | ||
| 10 | + | Referred to Committee on JUDICIARY | |
| 11 | + | ||
| 12 | + | ||
| 13 | + | Introduced by: | |
| 14 | + | (JUD) | |
| 10 | 15 | ||
| 11 | 16 | ||
| 12 | 17 | ||
| 13 | 18 | ||
| 14 | 19 | AN ACT CONCERNING TH E LEGALIZATION OF THE RETAIL SALE | |
| 15 | 20 | AND POSSESSION OF CA NNABIS AND CONCERNIN G ERASURE OF | |
| 16 | 21 | CRIMINAL RECORDS IN THE CASE OF CONVICTIONS BASED ON | |
| 17 | 22 | THE POSSESSION OF A SMALL AMOUNT OF CANN ABIS. | |
| 18 | 23 | Be it enacted by the Senate and House of Representatives in General | |
| 19 | 24 | Assembly convened: | |
| 20 | 25 | ||
| 21 | 26 | Section 1. (NEW) (Effective July 1, 2019) As used in this section, and 1 | |
| 22 | 27 | sections 2 to 7, inclusive, of this act, unless the context otherwise 2 | |
| 23 | 28 | requires: 3 | |
| 24 | - | (1) "Cannabis" means | |
| 29 | + | (1) "Cannabis" means cannabis-type substances, as defined in 4 | |
| 25 | 30 | section 21a-240 of the general statutes; 5 | |
| 26 | 31 | (2) "Consumer" means an individual twenty-one years of age or 6 | |
| 27 | 32 | older; 7 | |
| 28 | 33 | (3) "Cultivation" means cultivation, as defined in section 21a-408 of 8 | |
| 29 | 34 | the general statutes; 9 | |
| 30 | - | (4) "Distribute" means distribute, as defined in section 21a-240 of the 10 | |
| 31 | - | general statutes; 11 | |
| 32 | - | (5) "Cannabis concentrate" means any form of concentration, 12 | |
| 33 | - | including, but not limited to, extracts, oils, tinctures and waxes, that is 13 | |
| 34 | - | extracted from cannabis and that contains cannabinoids; 14 Substitute Bill No. 1085 | |
| 35 | + | (4) "Dispense" means dispense, as defined in section 21a-240 of the 10 | |
| 36 | + | general statutes; 11 Raised Bill No. 1085 | |
| 35 | 37 | ||
| 36 | 38 | ||
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| 41 | - | (6) "Cannabis cultivation facility" means a person licensed to 15 | |
| 42 | - | cultivate, prepare and package cannabis and sell cannabis to cannabis 16 | |
| 43 | - | product manufacturing facilities, cannabis retailers and other cannabis 17 | |
| 44 | - | cultivation facilities; 18 | |
| 45 | - | (7) "Cannabis establishment" means a cannabis cultivation facility, 19 | |
| 46 | - | cannabis product manufacturing facility or cannabis retailer; 20 | |
| 47 | - | (8) "Cannabis product" means a product that is comprised of 21 | |
| 48 | - | cannabis or cannabis concentrates and other ingredients and are 22 | |
| 49 | - | intended for use or consumption, including, but not limited to, edible 23 | |
| 50 | - | products and ointments; 24 | |
| 51 | - | (9) "Cannabis product manufacturing facility" means a person 25 | |
| 52 | - | licensed to purchase cannabis, manufacture, prepare and package 26 | |
| 53 | - | cannabis products and sell cannabis and cannabis products to cannabis 27 | |
| 54 | - | product manufacturing facilities and retail cannabis stores; 28 | |
| 55 | - | (10) "Cannabis retailer" means a person twenty-one years of age or 29 | |
| 56 | - | older who is licensed to (A) purchase cannabis from cannabis 30 | |
| 57 | - | cultivation facilities, (B) purchase cannabis and cannabis products 31 | |
| 58 | - | from cannabis product manufacturing facilities, and (C) sell cannabis 32 | |
| 59 | - | and cannabis products to consumers. "Cannabis retailer" includes any 33 | |
| 60 | - | agent or employee of the cannabis retailer who is twenty-one years of 34 | |
| 61 | - | age or older and engaged in the business of the cannabis retailer; 35 | |
| 62 | - | (11) "Paraphernalia" means drug paraphernalia, as defined in 36 | |
| 63 | - | section 21a-240 of the general statutes; and 37 | |
| 64 | - | (12) "Possession limit" means the amount of cannabis that may be 38 | |
| 65 | - | possessed at any one time by a consumer, as provided in section 2 of 39 | |
| 66 | - | this act. 40 | |
| 67 | - | Sec. 2. (NEW) (Effective July 1, 2019) (a) A consumer may possess, 41 | |
| 68 | - | use and otherwise consume cannabis and cannabis products, provided 42 | |
| 69 | - | (1) no such consumer possesses any such cannabis or cannabis product 43 | |
| 70 | - | in a manner that is not secure from unauthorized access or access by 44 Substitute Bill No. 1085 | |
| 40 | + | LCO No. 6083 2 of 17 | |
| 41 | + | ||
| 42 | + | (5) "Distribute" means distribute, as defined in section 21a-240 of the 12 | |
| 43 | + | general statutes; 13 | |
| 44 | + | (6) "Cannabis concentrate" means any form of concentration, 14 | |
| 45 | + | including, but not limited to, extracts, oils, tinctures and waxes, that is 15 | |
| 46 | + | extracted from cannabis and that contains cannabinoids; 16 | |
| 47 | + | (7) "Cannabis cultivation facility" means a person licensed to 17 | |
| 48 | + | cultivate, prepare and package cannabis and sell cannabis to cannabis 18 | |
| 49 | + | product manufacturing facilities, cannabis retailers and other cannabis 19 | |
| 50 | + | cultivation facilities; 20 | |
| 51 | + | (8) "Cannabis establishment" means a cannabis cultivation facility, 21 | |
| 52 | + | cannabis product manufacturing facility or cannabis retailer; 22 | |
| 53 | + | (9) "Cannabis product" means a product that is comprised of 23 | |
| 54 | + | cannabis or cannabis concentrates and other ingredients and are 24 | |
| 55 | + | intended for use or consumption, including, but not limited to, edible 25 | |
| 56 | + | products and ointments; 26 | |
| 57 | + | (10) "Cannabis product manufacturing facility" means a person 27 | |
| 58 | + | licensed to purchase cannabis, manufacture, prepare and package 28 | |
| 59 | + | cannabis products and sell cannabis and cannabis products to cannabis 29 | |
| 60 | + | product manufacturing facilities and retail cannabis stores; 30 | |
| 61 | + | (11) "Cannabis retailer" means a person twenty-one years of age or 31 | |
| 62 | + | older who is licensed to purchase cannabis from cannabis cultivation 32 | |
| 63 | + | facilities and cannabis and cannabis products from cannabis product 33 | |
| 64 | + | manufacturing facilities and to sell cannabis and cannabis products to 34 | |
| 65 | + | consumers. "Cannabis retailer" includes any agent or employee of the 35 | |
| 66 | + | cannabis retailer who is twenty-one years of age or older and engaged 36 | |
| 67 | + | in the business of the cannabis retailer; 37 | |
| 68 | + | (12) "Paraphernalia" means drug paraphernalia, as defined in 38 | |
| 69 | + | section 21a-240 of the general statutes; and 39 | |
| 70 | + | (13) "Possession limit" means the amount of cannabis that may be 40 | |
| 71 | + | possessed at any one time by a consumer, as provided in section 2 of 41 Raised Bill No. 1085 | |
| 71 | 72 | ||
| 72 | 73 | ||
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| 76 | 74 | ||
| 77 | - | any person under twenty-one years of age, (2) such cannabis or 45 | |
| 78 | - | cannabis product was purchased from a cannabis retailer, and (3) the 46 | |
| 79 | - | amount of all such cannabis, including the amount contained in any 47 | |
| 80 | - | cannabis product, does not exceed such consumer's possession limit of 48 | |
| 81 | - | one and one-half ounces of cannabis, of which no more than five grams 49 | |
| 82 | - | may be in the form of a cannabis concentrate. 50 | |
| 83 | - | (b) Any consumer who possesses cannabis in accordance with 51 | |
| 84 | - | subdivisions (1) and (2) of subsection (a) of this section, but in excess of 52 | |
| 85 | - | the amount of cannabis permitted in accordance with the possession 53 | |
| 86 | - | limit in subdivision (3) of subsection (a) of this section, shall be guilty 54 | |
| 87 | - | of a violation of (1) section 21a-279a of the general statutes, as 55 | |
| 88 | - | amended by this act, if such excess amount is less than one-half ounce, 56 | |
| 89 | - | or (2) section 21a-279 of the general statutes, as amended by this act, if 57 | |
| 90 | - | such excess amount is one-half ounce, or more. 58 | |
| 91 | - | (c) Any consumer who possesses cannabis in accordance with 59 | |
| 92 | - | subsection (a) of this section, but possesses more than 5 grams of 60 | |
| 93 | - | cannabis concentrate without exceeding the possession limit for all 61 | |
| 94 | - | cannabis under subdivision (3) of subsection (a) of this section, shall be 62 | |
| 95 | - | guilty of an infraction. 63 | |
| 96 | - | Sec. 3. (NEW) (Effective July 1, 2019) (a) A cannabis retailer may sell 64 | |
| 97 | - | cannabis and cannabis products to a consumer in an amount for any 65 | |
| 98 | - | single transaction that does not exceed the possession limit. Each such 66 | |
| 99 | - | cannabis retailer shall ensure that any purchase pursuant to this 67 | |
| 100 | - | section is conducted in accordance with section 30-86 of the general 68 | |
| 101 | - | statutes, as amended by this act. 69 | |
| 102 | - | (b) No cannabis retailer may sell any cannabis or cannabis product 70 | |
| 103 | - | to any individual under twenty-one years of age. 71 | |
| 104 | - | (c) Any person who violates any provision of subsection (a) or (b) of 72 | |
| 105 | - | this section shall be guilty of a class A misdemeanor. 73 | |
| 106 | - | (d) (1) In any prosecution of a cannabis retailer for selling cannabis 74 | |
| 107 | - | or any cannabis product to an individual under twenty-one years of 75 Substitute Bill No. 1085 | |
| 75 | + | LCO No. 6083 3 of 17 | |
| 76 | + | ||
| 77 | + | this act. 42 | |
| 78 | + | Sec. 2. (NEW) (Effective July 1, 2019) (a) A consumer may possess, 43 | |
| 79 | + | use and otherwise consume cannabis and cannabis products, provided 44 | |
| 80 | + | (1) no such consumer possesses any such cannabis or cannabis product 45 | |
| 81 | + | in a manner that is not secure from unauthorized access or access by 46 | |
| 82 | + | any person under twenty-one years of age, (2) such cannabis or 47 | |
| 83 | + | cannabis product was purchased from a cannabis retailer, and (3) the 48 | |
| 84 | + | amount of all such cannabis, including that contained in any cannabis 49 | |
| 85 | + | product, does not exceed such consumer's possession limit of one and 50 | |
| 86 | + | one-half ounces of cannabis, of which no more than five grams may be 51 | |
| 87 | + | in the form of a cannabis concentrate. 52 | |
| 88 | + | (b) Any consumer who possesses cannabis in accordance with 53 | |
| 89 | + | subdivisions (1) and (2) of subsection (a) of this section, but in excess of 54 | |
| 90 | + | the amount of cannabis permitted in accordance with the possession 55 | |
| 91 | + | limit in subdivision (3) of subsection (a) of this section, shall be guilty 56 | |
| 92 | + | of a violation of (1) section 21a-279a of the general statutes, as 57 | |
| 93 | + | amended by this act, if such excess amount is less than one-half ounce, 58 | |
| 94 | + | or (2) section 21a-279 of the general statutes, as amended by this act, if 59 | |
| 95 | + | such excess amount is one-half ounce, or more. 60 | |
| 96 | + | (c) Any consumer who possesses cannabis in accordance with 61 | |
| 97 | + | subsection (a) of this section, except that such person possesses more 62 | |
| 98 | + | than 5 grams of cannabis concentrate, but does not exceed the 63 | |
| 99 | + | possession limit for all cannabis under subdivision (3) of subsection (a) 64 | |
| 100 | + | of this section, shall be guilty of an infraction. 65 | |
| 101 | + | Sec. 3. (NEW) (Effective July 1, 2019) (a) A cannabis retailer may sell 66 | |
| 102 | + | cannabis and cannabis products to a consumer in an amount for any 67 | |
| 103 | + | single transaction that does not exceed the possession limit. Each such 68 | |
| 104 | + | cannabis retailer shall ensure that any purchase pursuant to this 69 | |
| 105 | + | section is conducted in accordance with section 30-86 of the general 70 | |
| 106 | + | statutes, as amended by this act. 71 | |
| 107 | + | (b) No cannabis retailer may sell any cannabis or cannabis product 72 | |
| 108 | + | to any individual under twenty-one years of age. 73 Raised Bill No. 1085 | |
| 108 | 109 | ||
| 109 | 110 | ||
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| 113 | 111 | ||
| 114 | - | age in violation of subsection (b) of this section, it shall be an 76 | |
| 115 | - | affirmative defense that all of the following occurred: (A) An 77 | |
| 116 | - | individual attempting to purchase cannabis or any cannabis product 78 | |
| 117 | - | presented a driver's license or an identity card, as defined in section 79 | |
| 118 | - | 30-86 of the general statutes, as amended by this act; (B) a transaction 80 | |
| 119 | - | scan in accordance with section 30-86 of the general statutes, as 81 | |
| 120 | - | amended by this act, of the driver's license or identity card that the 82 | |
| 121 | - | individual presented indicated that the license or card was valid; and 83 | |
| 122 | - | (C) the cannabis or cannabis product was sold to the individual in 84 | |
| 123 | - | reasonable reliance upon the identification presented and the 85 | |
| 124 | - | completed transaction scan. 86 | |
| 125 | - | (2) In determining whether a cannabis retailer has proven the 87 | |
| 126 | - | affirmative defense provided by subdivision (1) of this subsection, the 88 | |
| 127 | - | trier of fact in such prosecution shall consider that reasonable reliance 89 | |
| 128 | - | upon the identification presented and the completed transaction scan 90 | |
| 129 | - | may require a cannabis retailer to exercise reasonable diligence and 91 | |
| 130 | - | that the use of a transaction scan device does not excuse a cannabis 92 | |
| 131 | - | retailer from exercising such reasonable diligence to determine the 93 | |
| 132 | - | following: (A) Whether an individual to whom the cannabis retailer 94 | |
| 133 | - | sells is twenty-one years of age or older; and (B) whether the 95 | |
| 134 | - | description and picture appearing on the driver's license or identity 96 | |
| 135 | - | card presented by an individual are those of the individual. 97 | |
| 136 | - | Sec. 4. (NEW) (Effective July 1, 2019) Notwithstanding any provision 98 | |
| 137 | - | of the general statutes, no cannabis retailer or consumer may be subject 99 | |
| 138 | - | to arrest or prosecution, penalized in any manner, including, but not 100 | |
| 139 | - | limited to, being subject to any civil penalty, or denied any right or 101 | |
| 140 | - | privilege for the acquisition, distribution, possession, use or 102 | |
| 141 | - | transportation of cannabis or paraphernalia related to cannabis in 103 | |
| 142 | - | accordance with the provisions of sections 2 to 7, inclusive, of this act. 104 | |
| 143 | - | Sec. 5. (NEW) (Effective July 1, 2019) Any cannabis, paraphernalia 105 | |
| 144 | - | relating to cannabis or other property seized by law enforcement 106 | |
| 145 | - | officials from a consumer or cannabis establishment in connection with 107 | |
| 146 | - | the claimed possession or use of cannabis under sections 2 to 7, 108 Substitute Bill No. 1085 | |
| 112 | + | LCO No. 6083 4 of 17 | |
| 113 | + | ||
| 114 | + | (c) Any person who violates any provision of subsection (a) or (b) of 74 | |
| 115 | + | this section shall be guilty of a class A misdemeanor. 75 | |
| 116 | + | (d) (1) In any prosecution of a cannabis retailer for selling cannabis 76 | |
| 117 | + | or any cannabis product to an individual under twenty-one years of 77 | |
| 118 | + | age in violation of subsection (b) of this section, it shall be an 78 | |
| 119 | + | affirmative defense that all of the following occurred: (A) An 79 | |
| 120 | + | individual attempting to purchase cannabis or any cannabis product 80 | |
| 121 | + | presented a driver's license or an identity card; (B) a transaction scan in 81 | |
| 122 | + | accordance with section 30-86 of the general statutes, as amended by 82 | |
| 123 | + | this act, of the driver's license or identity card that the individual 83 | |
| 124 | + | presented indicated that the license or card was valid; and (C) the 84 | |
| 125 | + | cannabis or cannabis product was sold to the individual in reasonable 85 | |
| 126 | + | reliance upon the identification presented and the completed 86 | |
| 127 | + | transaction scan. 87 | |
| 128 | + | (2) In determining whether a cannabis retailer has proven the 88 | |
| 129 | + | affirmative defense provided by subdivision (1) of this subsection, the 89 | |
| 130 | + | trier of fact in such prosecution shall consider that reasonable reliance 90 | |
| 131 | + | upon the identification presented and the completed transaction scan 91 | |
| 132 | + | may require a cannabis retailer to exercise reasonable diligence and 92 | |
| 133 | + | that the use of a transaction scan device does not excuse a cannabis 93 | |
| 134 | + | retailer from exercising such reasonable diligence to determine the 94 | |
| 135 | + | following: (A) Whether an individual to whom the cannabis retailer 95 | |
| 136 | + | sells is twenty-one years of age or older; and (B) whether the 96 | |
| 137 | + | description and picture appearing on the driver's license or identity 97 | |
| 138 | + | card presented by an individual are those of the individual. 98 | |
| 139 | + | Sec. 4. (NEW) (Effective July 1, 2019) Notwithstanding any provision 99 | |
| 140 | + | of the general statutes, no cannabis retailer or consumer may be subject 100 | |
| 141 | + | to arrest or prosecution, penalized in any manner, including, but not 101 | |
| 142 | + | limited to, being subject to any civil penalty, or denied any right or 102 | |
| 143 | + | privilege for the acquisition, distribution, possession, use or 103 | |
| 144 | + | transportation of cannabis or paraphernalia related to cannabis in 104 | |
| 145 | + | accordance with the provisions of sections 2 to 7, inclusive, of this act. 105 Raised Bill No. 1085 | |
| 147 | 146 | ||
| 148 | 147 | ||
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| 152 | 148 | ||
| 153 | - | inclusive, of this act, shall be returned to the consumer or cannabis 109 | |
| 154 | - | establishment immediately upon the determination by a court that the 110 | |
| 155 | - | consumer or cannabis establishment is in compliance with the 111 | |
| 156 | - | provisions of sections 2 to 7, inclusive, of this act, as evidenced by a 112 | |
| 157 | - | decision not to prosecute, a dismissal of charges or an acquittal. The 113 | |
| 158 | - | provisions of this section do not apply to any person who fails to 114 | |
| 159 | - | comply with the provisions of sections 2 to 7, inclusive, of this act. 115 | |
| 160 | - | Sec. 6. (NEW) (Effective July 1, 2019) (a) Except as provided in 116 | |
| 161 | - | chapter 420b or 420f of the general statutes and subsection (b) of this 117 | |
| 162 | - | section, no person, other than a cannabis retailer, as provided in 118 | |
| 163 | - | section 3 of this act, may distribute, sell, offer or give cannabis or 119 | |
| 164 | - | cannabis products to a consumer. 120 | |
| 165 | - | (b) Any consumer who purchases cannabis or cannabis products 121 | |
| 166 | - | from a cannabis retailer may offer or give cannabis or cannabis 122 | |
| 167 | - | products to another consumer, provided such other consumer may 123 | |
| 168 | - | possess such cannabis or cannabis products without exceeding the 124 | |
| 169 | - | possession limit. 125 | |
| 170 | - | Sec. 7. (NEW) (Effective July 1, 2019) Notwithstanding any provision 126 | |
| 171 | - | of chapter 420b of the general statutes, a consumer may manufacture, 127 | |
| 172 | - | possess or purchase paraphernalia related to cannabis or distribute or 128 | |
| 173 | - | sell paraphernalia related to cannabis to another consumer. 129 | |
| 174 | - | Sec. 8. Subsections (a) and (b) of section 19a-342 of the general 130 | |
| 175 | - | statutes are repealed and the following is substituted in lieu thereof 131 | |
| 176 | - | (Effective July 1, 2019): 132 | |
| 177 | - | (a) As used in this section, "smoke" or "smoking" means the lighting 133 | |
| 178 | - | or carrying of a lighted cigarette, cigar, pipe or similar device, whether 134 | |
| 179 | - | containing wholly or in part tobacco, or a cannabis-type substance, as 135 | |
| 180 | - | defined in section 21a-240. 136 | |
| 181 | - | (b) (1) Notwithstanding the provisions of section 31-40q, no person 137 | |
| 182 | - | shall smoke: (A) In any building or portion of a building, partially 138 | |
| 183 | - | enclosed shelter on a rail platform or bus shelter owned and operated 139 Substitute Bill No. 1085 | |
| 149 | + | LCO No. 6083 5 of 17 | |
| 150 | + | ||
| 151 | + | Sec. 5. (NEW) (Effective July 1, 2019) Any cannabis, paraphernalia 106 | |
| 152 | + | relating to cannabis or other property seized by law enforcement 107 | |
| 153 | + | officials from a consumer or cannabis establishment in connection with 108 | |
| 154 | + | the claimed use of cannabis under sections 2 to 7, inclusive, of this act, 109 | |
| 155 | + | shall be returned to the consumer or cannabis establishment 110 | |
| 156 | + | immediately upon the determination by a court that the consumer or 111 | |
| 157 | + | cannabis establishment is in compliance with the provisions of sections 112 | |
| 158 | + | 2 to 7, inclusive, of this act, as evidenced by a decision not to prosecute, 113 | |
| 159 | + | a dismissal of charges or an acquittal. The provisions of this section do 114 | |
| 160 | + | not apply to any person who fails to comply with the provisions of 115 | |
| 161 | + | sections 2 to 7, inclusive, of this act. 116 | |
| 162 | + | Sec. 6. (NEW) (Effective July 1, 2019) (a) Except as provided in 117 | |
| 163 | + | chapter 420b or 420f of the general statutes and subsection (b) of this 118 | |
| 164 | + | section, no person, other than a cannabis retailer, as provided in 119 | |
| 165 | + | section 3 of this act, may distribute, sell, dispense, offer or give 120 | |
| 166 | + | cannabis or cannabis products to a consumer. 121 | |
| 167 | + | (b) Any consumer who purchases cannabis or cannabis products 122 | |
| 168 | + | from a cannabis retailer may offer or give cannabis or cannabis 123 | |
| 169 | + | products to another consumer, provided such other consumer may 124 | |
| 170 | + | possess such cannabis or cannabis products without exceeding the 125 | |
| 171 | + | possession limit. 126 | |
| 172 | + | Sec. 7. (NEW) (Effective July 1, 2019) Notwithstanding any provision 127 | |
| 173 | + | of chapter 420b of the general statutes, a consumer may manufacture, 128 | |
| 174 | + | possess or purchase paraphernalia related to cannabis or distribute or 129 | |
| 175 | + | sell paraphernalia related to cannabis to another consumer. 130 | |
| 176 | + | Sec. 8. Subsections (a) and (b) of section 19a-342 of the general 131 | |
| 177 | + | statutes are repealed and the following is substituted in lieu thereof 132 | |
| 178 | + | (Effective July 1, 2019): 133 | |
| 179 | + | (a) As used in this section, "smoke" or "smoking" means the lighting 134 | |
| 180 | + | or carrying of a lighted cigarette, cigar, pipe or similar device, whether 135 | |
| 181 | + | containing wholly or in part tobacco, or cannabis-type substances, as 136 | |
| 182 | + | defined in section 21a-240. 137 Raised Bill No. 1085 | |
| 184 | 183 | ||
| 185 | 184 | ||
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| 190 | - | or leased and operated by the state or any political subdivision thereof; 140 | |
| 191 | - | (B) in any area of a health care institution; (C) in any area of a retail 141 | |
| 192 | - | food store; (D) in any restaurant; (E) in any area of an establishment 142 | |
| 193 | - | with a permit issued for the sale of alcoholic liquor pursuant to section 143 | |
| 194 | - | 30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-144 | |
| 195 | - | 35a, 30-37a, 30-37e or 30-37f, in any area of an establishment with a 145 | |
| 196 | - | permit for the sale of alcoholic liquor pursuant to section 30-23 issued 146 | |
| 197 | - | after May 1, 2003, and, on and after April 1, 2004, in any area of an 147 | |
| 198 | - | establishment with a permit issued for the sale of alcoholic liquor 148 | |
| 199 | - | pursuant to section 30-22a or 30-26 or the bar area of a bowling 149 | |
| 200 | - | establishment holding a permit pursuant to subsection (a) of section 150 | |
| 201 | - | 30-37c; (F) within a school building while school is in session or 151 | |
| 202 | - | student activities are being conducted; (G) in any passenger elevator, 152 | |
| 203 | - | provided no person shall be arrested for violating this subsection 153 | |
| 204 | - | unless there is posted in such elevator a sign which indicates that 154 | |
| 205 | - | smoking is prohibited by state law; (H) in any dormitory in any public 155 | |
| 206 | - | or private institution of higher education; or (I) on and after April 1, 156 | |
| 207 | - | 2004, in any area of a dog race track or a facility equipped with screens 157 | |
| 208 | - | for the simulcasting of off-track betting race programs or jai alai 158 | |
| 209 | - | games. For purposes of this subsection, "restaurant" means space, in a 159 | |
| 210 | - | suitable and permanent building, kept, used, maintained, advertised 160 | |
| 211 | - | and held out to the public to be a place where meals are regularly 161 | |
| 212 | - | served to the public. 162 | |
| 213 | - | (2) This section shall not apply to (A) correctional facilities; (B) 163 | |
| 214 | - | designated smoking areas in psychiatric facilities; (C) public housing 164 | |
| 215 | - | projects, as defined in subsection (b) of section 21a-278a; (D) any 165 | |
| 216 | - | classroom where demonstration smoking is taking place as part of a 166 | |
| 217 | - | medical or scientific experiment or lesson; (E) smoking rooms 167 | |
| 218 | - | provided by employers for employees, pursuant to section 31-40q; (F) 168 | |
| 219 | - | notwithstanding the provisions of subparagraph (E) of subdivision (1) 169 | |
| 220 | - | of this subsection, the outdoor portion of the premises of any permittee 170 | |
| 221 | - | listed in subparagraph (E) of subdivision (1) of this subsection, 171 | |
| 222 | - | provided, in the case of any seating area maintained for the service of 172 | |
| 223 | - | food, at least seventy-five per cent of the outdoor seating capacity is an 173 Substitute Bill No. 1085 | |
| 186 | + | LCO No. 6083 6 of 17 | |
| 187 | + | ||
| 188 | + | (b) (1) Notwithstanding the provisions of section 31-40q, no person 138 | |
| 189 | + | shall smoke: (A) In any building or portion of a building, partially 139 | |
| 190 | + | enclosed shelter on a rail platform or bus shelter owned and operated 140 | |
| 191 | + | or leased and operated by the state or any political subdivision thereof; 141 | |
| 192 | + | (B) in any area of a health care institution; (C) in any area of a retail 142 | |
| 193 | + | food store; (D) in any restaurant; (E) in any area of an establishment 143 | |
| 194 | + | with a permit issued for the sale of alcoholic liquor pursuant to section 144 | |
| 195 | + | 30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-145 | |
| 196 | + | 35a, 30-37a, 30-37e or 30-37f, in any area of an establishment with a 146 | |
| 197 | + | permit for the sale of alcoholic liquor pursuant to section 30-23 issued 147 | |
| 198 | + | after May 1, 2003, and, on and after April 1, 2004, in any area of an 148 | |
| 199 | + | establishment with a permit issued for the sale of alcoholic liquor 149 | |
| 200 | + | pursuant to section 30-22a or 30-26 or the bar area of a bowling 150 | |
| 201 | + | establishment holding a permit pursuant to subsection (a) of section 151 | |
| 202 | + | 30-37c; (F) within a school building while school is in session or 152 | |
| 203 | + | student activities are being conducted; (G) in any passenger elevator, 153 | |
| 204 | + | provided no person shall be arrested for violating this subsection 154 | |
| 205 | + | unless there is posted in such elevator a sign which indicates that 155 | |
| 206 | + | smoking is prohibited by state law; (H) in any dormitory in any public 156 | |
| 207 | + | or private institution of higher education; or (I) on and after April 1, 157 | |
| 208 | + | 2004, in any area of a dog race track or a facility equipped with screens 158 | |
| 209 | + | for the simulcasting of off-track betting race programs or jai alai 159 | |
| 210 | + | games. For purposes of this subsection, "restaurant" means space, in a 160 | |
| 211 | + | suitable and permanent building, kept, used, maintained, advertised 161 | |
| 212 | + | and held out to the public to be a place where meals are regularly 162 | |
| 213 | + | served to the public. 163 | |
| 214 | + | (2) This section shall not apply to (A) correctional facilities; (B) 164 | |
| 215 | + | designated smoking areas in psychiatric facilities; (C) public housing 165 | |
| 216 | + | projects, as defined in subsection (b) of section 21a-278a; (D) any 166 | |
| 217 | + | classroom where demonstration smoking is taking place as part of a 167 | |
| 218 | + | medical or scientific experiment or lesson; (E) smoking rooms 168 | |
| 219 | + | provided by employers for employees, pursuant to section 31-40q; (F) 169 | |
| 220 | + | notwithstanding the provisions of subparagraph (E) of subdivision (1) 170 | |
| 221 | + | of this subsection, the outdoor portion of the premises of any permittee 171 Raised Bill No. 1085 | |
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| 230 | - | area in which smoking is prohibited and which is clearly designated 174 | |
| 231 | - | with written signage as a nonsmoking area, except that any temporary 175 | |
| 232 | - | seating area established for special events and not used on a regular 176 | |
| 233 | - | basis shall not be subject to the smoking prohibition or signage 177 | |
| 234 | - | requirements of this subparagraph; (G) any medical research site 178 | |
| 235 | - | where smoking is integral to the research being conducted; or (H) any 179 | |
| 236 | - | tobacco bar, provided no tobacco bar shall expand in size or change its 180 | |
| 237 | - | location from its size or location as of December 31, 2002. For purposes 181 | |
| 238 | - | of this subdivision, "outdoor" means an area which has no roof or 182 | |
| 239 | - | other ceiling enclosure, "tobacco bar" means an establishment with a 183 | |
| 240 | - | permit for the sale of alcoholic liquor to consumers issued pursuant to 184 | |
| 241 | - | chapter 545 that, in the calendar year ending December 31, 2002, 185 | |
| 242 | - | generated ten per cent or more of its total annual gross income from 186 | |
| 243 | - | the on-site sale of tobacco products and the rental of on-site humidors, 187 | |
| 244 | - | and "tobacco product" means any substance that contains tobacco, 188 | |
| 245 | - | including, but not limited to, cigarettes, cigars, pipe tobacco or 189 | |
| 246 | - | chewing tobacco. "Tobacco product" does not include a cannabis-type 190 | |
| 247 | - | substance. 191 | |
| 248 | - | Sec. 9. Section 19a-342a of the general statutes is repealed and the 192 | |
| 249 | - | following is substituted in lieu thereof (Effective July 1, 2019): 193 | |
| 250 | - | (a) As used in this section and section 2 of public act 15-206: 194 | |
| 251 | - | (1) "Child care facility" means a provider of child care services as 195 | |
| 252 | - | defined in section 19a-77, or a person or entity required to be licensed 196 | |
| 253 | - | under section 17a-145; 197 | |
| 254 | - | (2) "Electronic nicotine or cannabis delivery system" means an 198 | |
| 255 | - | electronic device that may be used to simulate smoking in the delivery 199 | |
| 256 | - | of nicotine, cannabis concentrate, as defined in section 1 of this act, or 200 | |
| 257 | - | other substances to a person inhaling from the device, and includes, 201 | |
| 258 | - | but is not limited to, an electronic cigarette, electronic cigar, electronic 202 | |
| 259 | - | cigarillo, electronic pipe or electronic hookah and any related device 203 | |
| 260 | - | and any cartridge or other component of such device; 204 Substitute Bill No. 1085 | |
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| 226 | + | ||
| 227 | + | listed in subparagraph (E) of subdivision (1) of this subsection, 172 | |
| 228 | + | provided, in the case of any seating area maintained for the service of 173 | |
| 229 | + | food, at least seventy-five per cent of the outdoor seating capacity is an 174 | |
| 230 | + | area in which smoking is prohibited and which is clearly designated 175 | |
| 231 | + | with written signage as a nonsmoking area, except that any temporary 176 | |
| 232 | + | seating area established for special events and not used on a regular 177 | |
| 233 | + | basis shall not be subject to the smoking prohibition or signage 178 | |
| 234 | + | requirements of this subparagraph; (G) any medical research site 179 | |
| 235 | + | where smoking is integral to the research being conducted; or (H) any 180 | |
| 236 | + | tobacco bar, provided no tobacco bar shall expand in size or change its 181 | |
| 237 | + | location from its size or location as of December 31, 2002. For purposes 182 | |
| 238 | + | of this subdivision, "outdoor" means an area which has no roof or 183 | |
| 239 | + | other ceiling enclosure, "tobacco bar" means an establishment with a 184 | |
| 240 | + | permit for the sale of alcoholic liquor to consumers issued pursuant to 185 | |
| 241 | + | chapter 545 that, in the calendar year ending December 31, 2002, 186 | |
| 242 | + | generated ten per cent or more of its total annual gross income from 187 | |
| 243 | + | the on-site sale of tobacco products and the rental of on-site humidors, 188 | |
| 244 | + | and "tobacco product" means any substance that contains tobacco, but 189 | |
| 245 | + | does not contain cannabis-type substances, including, but not limited 190 | |
| 246 | + | to, cigarettes, cigars, pipe tobacco or chewing tobacco. 191 | |
| 247 | + | Sec. 9. Subsection (b) of section 21a-277 of the general statutes is 192 | |
| 248 | + | repealed and the following is substituted in lieu thereof (Effective July 193 | |
| 249 | + | 1, 2019): 194 | |
| 250 | + | (b) (1) No person may manufacture, distribute, sell, prescribe, 195 | |
| 251 | + | dispense, compound, transport with the intent to sell or dispense, 196 | |
| 252 | + | possess with the intent to sell or dispense, offer, give or administer to 197 | |
| 253 | + | another person, except as authorized in this chapter, [or] chapter 420f 198 | |
| 254 | + | or sections 2 to 7, inclusive, of this act, any controlled substance other 199 | |
| 255 | + | than a (A) narcotic substance, or (B) hallucinogenic substance. 200 | |
| 256 | + | (2) Any person who violates subdivision (1) of this subsection (A) 201 | |
| 257 | + | for a first offense, may be fined not more than twenty-five thousand 202 | |
| 258 | + | dollars or imprisoned not more than seven years, or be both fined and 203 | |
| 259 | + | imprisoned, and (B) for any subsequent offense, may be fined not more 204 Raised Bill No. 1085 | |
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| 267 | - | (3) "Liquid nicotine container" means a container that holds a liquid 205 | |
| 268 | - | substance containing nicotine that is sold, marketed or intended for 206 | |
| 269 | - | use in an electronic nicotine delivery system or vapor product, except 207 | |
| 270 | - | "liquid nicotine container" does not include such a container that is 208 | |
| 271 | - | prefilled and sealed by the manufacturer and not intended to be 209 | |
| 272 | - | opened by the consumer; and 210 | |
| 273 | - | (4) "Vapor product" means any product that employs a heating 211 | |
| 274 | - | element, power source, electronic circuit or other electronic, chemical 212 | |
| 275 | - | or mechanical means, regardless of shape or size, to produce a vapor 213 | |
| 276 | - | that may or may not include nicotine or cannabis concentrate, as 214 | |
| 277 | - | defined in section 1 of this act, that is inhaled by the user of such 215 | |
| 278 | - | product, but shall not include a medicinal or therapeutic product used 216 | |
| 279 | - | by a (A) licensed health care provider to treat a patient in a health care 217 | |
| 280 | - | setting, or (B) a patient, as prescribed or directed by a licensed health 218 | |
| 281 | - | care provider in any setting. 219 | |
| 282 | - | (b) (1) No person shall use an electronic nicotine or cannabis 220 | |
| 283 | - | delivery system or vapor product: (A) In any building or portion of a 221 | |
| 284 | - | building owned and operated or leased and operated by the state or 222 | |
| 285 | - | any political subdivision thereof; (B) in any area of a health care 223 | |
| 286 | - | institution; (C) in any area of a retail food store; (D) in any restaurant; 224 | |
| 287 | - | (E) in any area of an establishment with a permit issued for the sale of 225 | |
| 288 | - | alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22a, 226 | |
| 289 | - | 30-22c, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-227 | |
| 290 | - | 37f, in any area of establishment with a permit issued for the sale of 228 | |
| 291 | - | alcoholic liquor pursuant to section 30-23 issued after May 1, 2003, or 229 | |
| 292 | - | the bar area of a bowling establishment holding a permit pursuant to 230 | |
| 293 | - | subsection (a) of section 30-37c; (F) within a school building while 231 | |
| 294 | - | school is in session or student activities are being conducted; (G) 232 | |
| 295 | - | within a child care facility, except, if the child care facility is a family 233 | |
| 296 | - | child care home as defined in section 19a-77, such use is prohibited 234 | |
| 297 | - | only when a child enrolled in such home is present; (H) in any 235 | |
| 298 | - | passenger elevator, provided no person shall be arrested for violating 236 | |
| 299 | - | this subsection unless there is posted in such elevator a sign which 237 Substitute Bill No. 1085 | |
| 263 | + | LCO No. 6083 8 of 17 | |
| 264 | + | ||
| 265 | + | than one hundred thousand dollars or imprisoned not more than 205 | |
| 266 | + | fifteen years, or be both fined and imprisoned. 206 | |
| 267 | + | Sec. 10. Subsection (b) of section 21a-278 of the general statutes is 207 | |
| 268 | + | repealed and the following is substituted in lieu thereof (Effective July 208 | |
| 269 | + | 1, 2019): 209 | |
| 270 | + | (b) (1) No person may manufacture, distribute, sell, prescribe, 210 | |
| 271 | + | dispense, compound, transport with the intent to sell or dispense, 211 | |
| 272 | + | possess with the intent to sell or dispense, offer, give or administer to 212 | |
| 273 | + | another person, except as authorized in this chapter, [or] chapter 420f 213 | |
| 274 | + | or sections 2 to 7, inclusive, of this act, (A) a narcotic substance, (B) a 214 | |
| 275 | + | hallucinogenic substance, (C) an amphetamine-type substance, or (D) 215 | |
| 276 | + | one kilogram or more of a cannabis-type substance. The provisions of 216 | |
| 277 | + | this subdivision shall not apply to a person who is, at the time of the 217 | |
| 278 | + | commission of the offense, a drug-dependent person. 218 | |
| 279 | + | (2) Any person who violates subdivision (1) of this subsection (A) 219 | |
| 280 | + | for a first offense, shall be imprisoned not less than five years or more 220 | |
| 281 | + | than twenty years, and (B) for any subsequent offense, shall be 221 | |
| 282 | + | imprisoned not less than ten years or more than twenty-five years. The 222 | |
| 283 | + | execution of the mandatory minimum sentence impose d by the 223 | |
| 284 | + | provisions of this subdivision shall not be suspended, except that the 224 | |
| 285 | + | court may suspend the execution of such mandatory minimum 225 | |
| 286 | + | sentence if, at the time of the commission of the offense, such person 226 | |
| 287 | + | was under the age of eighteen years or such person's mental capacity 227 | |
| 288 | + | was significantly impaired, but not so impaired as to constitute a 228 | |
| 289 | + | defense to prosecution. 229 | |
| 290 | + | Sec. 11. Subsection (a) of section 21a-279 of the general statutes is 230 | |
| 291 | + | repealed and the following is substituted in lieu thereof (Effective July 231 | |
| 292 | + | 1, 2019): 232 | |
| 293 | + | (a) (1) Any person who possesses or has under such person's control 233 | |
| 294 | + | any quantity of any controlled substance, except less than one-half 234 | |
| 295 | + | ounce of a cannabis-type substance and except as authorized in this 235 | |
| 296 | + | chapter, chapter 420f or sections 2 to 7, inclusive, of this act, shall be 236 Raised Bill No. 1085 | |
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| 306 | - | indicates that such use is prohibited by state law; (I) in any dormitory 238 | |
| 307 | - | in any public or private institution of higher education; or (J) in any 239 | |
| 308 | - | area of a dog race track or a facility equipped with screens for the 240 | |
| 309 | - | simulcasting of off-track betting race programs or jai alai games. For 241 | |
| 310 | - | purposes of this subsection, "restaurant" means space, in a suitable and 242 | |
| 311 | - | permanent building, kept, used, maintained, advertised and held out 243 | |
| 312 | - | to the public to be a place where meals are regularly served to the 244 | |
| 313 | - | public. 245 | |
| 314 | - | (2) This section shall not apply to (A) correctional facilities; (B) 246 | |
| 315 | - | designated smoking areas in psychiatric facilities; (C) public housing 247 | |
| 316 | - | projects, as defined in subsection (b) of section 21a-278a; (D) any 248 | |
| 317 | - | classroom where a demonstration of the use of an electronic nicotine or 249 | |
| 318 | - | cannabis delivery system or vapor product is taking place as part of a 250 | |
| 319 | - | medical or scientific experiment or lesson; (E) any medical research site 251 | |
| 320 | - | where the use of an electronic nicotine or cannabis delivery system or 252 | |
| 321 | - | vapor product is integral to the research being conducted; (F) 253 | |
| 322 | - | establishments without a permit for the sale of alcoholic liquor that sell 254 | |
| 323 | - | electronic nicotine or cannabis delivery systems, vapor products or 255 | |
| 324 | - | liquid nicotine containers on-site and allow their customers to use such 256 | |
| 325 | - | systems, products or containers on-site; (G) smoking rooms provided 257 | |
| 326 | - | by employers for employees, pursuant to section 31 -40q; (H) 258 | |
| 327 | - | notwithstanding the provisions of subparagraph (E) of subdivision (1) 259 | |
| 328 | - | of this subsection, the outdoor portion of the premises of any permittee 260 | |
| 329 | - | listed in subparagraph (E) of subdivision (1) of this subsection, 261 | |
| 330 | - | provided, in the case of any seating area maintained for the service of 262 | |
| 331 | - | food, at least seventy-five per cent of the outdoor seating capacity is an 263 | |
| 332 | - | area in which smoking is prohibited and which is clearly designated 264 | |
| 333 | - | with written signage as a nonsmoking area, except that any temporary 265 | |
| 334 | - | seating area established for special events and not used on a regular 266 | |
| 335 | - | basis shall not be subject to the prohibition on the use of an electronic 267 | |
| 336 | - | nicotine or cannabis delivery system or vapor product or the signage 268 | |
| 337 | - | requirements of this subparagraph; or (I) any tobacco bar, provided no 269 | |
| 338 | - | tobacco bar shall expand in size or change its location from its size or 270 | |
| 339 | - | location as of October 1, 2015. For purposes of this subdivision, 271 Substitute Bill No. 1085 | |
| 300 | + | LCO No. 6083 9 of 17 | |
| 301 | + | ||
| 302 | + | guilty of a class A misdemeanor. 237 | |
| 303 | + | (2) For a second offense of subdivision (1) of this subsection, the 238 | |
| 304 | + | court shall evaluate such person and, if the court determines such 239 | |
| 305 | + | person is a drug-dependent person, the court may suspend 240 | |
| 306 | + | prosecution of such person and order such person to undergo a 241 | |
| 307 | + | substance abuse treatment program. 242 | |
| 308 | + | (3) For any subsequent offense of subdivision (1) of this subsection, 243 | |
| 309 | + | the court may find such person to be a persistent offender for 244 | |
| 310 | + | possession of a controlled substance in accordance with section 53a-40. 245 | |
| 311 | + | Sec. 12. Subsection (a) of section 21a-279a of the general statutes is 246 | |
| 312 | + | repealed and the following is substituted in lieu thereof (Effective July 247 | |
| 313 | + | 1, 2019): 248 | |
| 314 | + | (a) Any person who possesses or has under his control less than 249 | |
| 315 | + | one-half ounce of a cannabis-type substance, [as defined in section 21a-250 | |
| 316 | + | 240,] except as authorized in this chapter, chapter 420f or sections 2 to 251 | |
| 317 | + | 7, inclusive, of this act, shall (1) for a first offense, be fined one 252 | |
| 318 | + | hundred fifty dollars, and (2) for a subsequent offense, be fined not 253 | |
| 319 | + | less than two hundred dollars or more than five hundred dollars. 254 | |
| 320 | + | Sec. 13. Section 30-86 of the general statutes is repealed and the 255 | |
| 321 | + | following is substituted in lieu thereof (Effective July 1, 2019): 256 | |
| 322 | + | (a) As used in this section: 257 | |
| 323 | + | (1) "Cardholder" means any person who presents a driver's license 258 | |
| 324 | + | or an identity card to a permittee or permittee's agent or employee, to 259 | |
| 325 | + | purchase or receive alcoholic liquor from such permittee or permittee's 260 | |
| 326 | + | agent or employee; 261 | |
| 327 | + | (2) "Identity card" means an identification card issued in accordance 262 | |
| 328 | + | with the provisions of section 1-1h; 263 | |
| 329 | + | (3) "Transaction scan" means the process by which a permittee or 264 | |
| 330 | + | permittee's agent or employee checks, by means of a transaction scan 265 Raised Bill No. 1085 | |
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| 346 | - | "outdoor" means an area which has no roof or other ceiling enclosure, 272 | |
| 347 | - | "tobacco bar" means an establishment with a permit for the sale of 273 | |
| 348 | - | alcoholic liquor to consumers issued pursuant to chapter 545 that, in 274 | |
| 349 | - | the calendar year ending December 31, 2015, generated ten per cent or 275 | |
| 350 | - | more of its total annual gross income from the on-site sale of tobacco 276 | |
| 351 | - | products and the rental of on-site humidors, and "tobacco product" 277 | |
| 352 | - | means any substance that contains tobacco, including, but not limited 278 | |
| 353 | - | to, cigarettes, cigars, pipe tobacco or chewing tobacco. "Tobacco 279 | |
| 354 | - | product" does not include a cannabis-type substance, as defined in 280 | |
| 355 | - | section 21a-240. 281 | |
| 356 | - | (c) The operator of a hotel, motel or similar lodging may allow 282 | |
| 357 | - | guests to use an electronic nicotine or cannabis delivery system or 283 | |
| 358 | - | vapor product in not more than twenty-five per cent of the rooms 284 | |
| 359 | - | offered as accommodations to guests. 285 | |
| 360 | - | (d) In each room, elevator, area or building in which the use of an 286 | |
| 361 | - | electronic nicotine or cannabis delivery system or vapor product is 287 | |
| 362 | - | prohibited by this section, the person in control of the premises shall 288 | |
| 363 | - | post or cause to be posted in a conspicuous place signs stating that 289 | |
| 364 | - | such use is prohibited by state law. Such signs, except in elevators, 290 | |
| 365 | - | restaurants, establishments with permits to sell alcoholic liquor to 291 | |
| 366 | - | consumers issued pursuant to chapter 545, hotels, motels or similar 292 | |
| 367 | - | lodgings, and health care institutions, shall have letters at least four 293 | |
| 368 | - | inches high with the principal strokes of letters not less than one-half 294 | |
| 369 | - | inch wide. 295 | |
| 370 | - | (e) Any person found guilty of using an electronic nicotine or 296 | |
| 371 | - | cannabis delivery system or vapor product in violation of this section, 297 | |
| 372 | - | failure to post signs as required by this section or the unauthorized 298 | |
| 373 | - | removal of such signs shall have committed an infraction. 299 | |
| 374 | - | (f) Nothing in this section shall be construed to require the 300 | |
| 375 | - | designation of any area for the use of electronic nicotine or cannabis 301 | |
| 376 | - | delivery system or vapor product in any building. 302 Substitute Bill No. 1085 | |
| 334 | + | LCO No. 6083 10 of 17 | |
| 335 | + | ||
| 336 | + | device, the validity of a driver's license or an identity card; [and] 266 | |
| 337 | + | (4) "Transaction scan device" means any commercial device or 267 | |
| 338 | + | combination of devices used at a point of sale that is capable of 268 | |
| 339 | + | deciphering in an electronically readable format the information 269 | |
| 340 | + | encoded on the magnetic strip or bar code of a driver's license or an 270 | |
| 341 | + | identity card; 271 | |
| 342 | + | (5) "Cannabis" means cannabis-type substances, as defined in 272 | |
| 343 | + | section 21a-240; 273 | |
| 344 | + | (6) "Cannabis product" means cannabis product, as defined in 274 | |
| 345 | + | section 1 of this act; and 275 | |
| 346 | + | (7) "Cannabis retailer" means a cannabis retailer, as defined in 276 | |
| 347 | + | section 1 of this act. 277 | |
| 348 | + | (b) (1) Any permittee or any servant or agent of a permittee who 278 | |
| 349 | + | sells or delivers alcoholic liquor to any minor or any intoxicated 279 | |
| 350 | + | person, or to any habitual drunkard, knowing the person to be such an 280 | |
| 351 | + | habitual drunkard, shall be subject to the penalties of section 30-113. 281 | |
| 352 | + | (2) Any person who sells, ships, delivers or gives alcoholic liquor to 282 | |
| 353 | + | a minor, by any means, including, but not limited to, the Internet or 283 | |
| 354 | + | any other on-line computer network, except on the order of a 284 | |
| 355 | + | practicing physician, shall be fined not more than three thousand five 285 | |
| 356 | + | hundred dollars or imprisoned not more than eighteen months, or 286 | |
| 357 | + | both. 287 | |
| 358 | + | (3) The provisions of this subsection shall not apply (A) to a sale, 288 | |
| 359 | + | shipment or delivery made to a person over age eighteen who is an 289 | |
| 360 | + | employee or permit holder under section 30-90a and where such sale, 290 | |
| 361 | + | shipment or delivery is made in the course of such person's 291 | |
| 362 | + | employment or business, (B) to a sale, shipment or delivery made in 292 | |
| 363 | + | good faith to a minor who practices any deceit in the procurement of 293 | |
| 364 | + | an identity card issued in accordance with the provisions of section 1-294 | |
| 365 | + | 1h, who uses or exhibits any such identity card belonging to any other 295 Raised Bill No. 1085 | |
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| 383 | - | (g) The provisions of this section shall supersede and preempt the 303 | |
| 384 | - | provisions of any municipal law or ordinance relative to the use of an 304 | |
| 385 | - | electronic nicotine or cannabis delivery system or vapor product 305 | |
| 386 | - | effective prior to, on or after October 1, 2015. 306 | |
| 387 | - | Sec. 10. Subdivision (7) of subsection (c) of section 7-148 of the 307 | |
| 388 | - | general statutes is repealed and the following is substituted in lieu 308 | |
| 389 | - | thereof (Effective October 1, 2019): 309 | |
| 390 | - | (7) (A) (i) Make rules relating to the maintenance of safe and 310 | |
| 391 | - | sanitary housing; 311 | |
| 392 | - | (ii) Regulate the mode of using any buildings when such regulations 312 | |
| 393 | - | seem expedient for the purpose of promoting the safety, health, morals 313 | |
| 394 | - | and general welfare of the inhabitants of the municipality; 314 | |
| 395 | - | (iii) Regulate and prohibit the moving of buildings upon or through 315 | |
| 396 | - | the streets or other public places of the municipality, and cause the 316 | |
| 397 | - | removal and demolition of unsafe buildings and structures; 317 | |
| 398 | - | (iv) Regulate and provide for the licensing of parked trailers when 318 | |
| 399 | - | located off the public highways, and trailer parks or mobile 319 | |
| 400 | - | manufactured home parks, except as otherwise provided by special act 320 | |
| 401 | - | and except where there exists a local zoning commission so 321 | |
| 402 | - | empowered; 322 | |
| 403 | - | (v) Establish lines beyond which no buildings, steps, stoop, veranda, 323 | |
| 404 | - | billboard, advertising sign or device or other structure or obstruction 324 | |
| 405 | - | may be erected; 325 | |
| 406 | - | (vi) Regulate and prohibit the placing, erecting or keeping of signs, 326 | |
| 407 | - | awnings or other things upon or over the sidewalks, streets and other 327 | |
| 408 | - | public places of the municipality; 328 | |
| 409 | - | (vii) Regulate plumbing and house drainage; 329 | |
| 410 | - | (viii) Prohibit or regulate the construction of dwellings, apartments, 330 Substitute Bill No. 1085 | |
| 369 | + | LCO No. 6083 11 of 17 | |
| 370 | + | ||
| 371 | + | person or who uses or exhibits any such identity card that has been 296 | |
| 372 | + | altered or tampered with in any way, or (C) to a shipment or delivery 297 | |
| 373 | + | made to a minor by a parent, guardian or spouse of the minor, 298 | |
| 374 | + | provided such parent, guardian or spouse has attained the age of 299 | |
| 375 | + | twenty-one and provided such minor possesses such alcoholic liquor 300 | |
| 376 | + | while accompanied by such parent, guardian or spouse. 301 | |
| 377 | + | (4) Nothing in this subsection shall be construed to burden a 302 | |
| 378 | + | person's exercise of religion under section 3 of article first of the 303 | |
| 379 | + | Constitution of the state in violation of subsection (a) of section 52-304 | |
| 380 | + | 571b. 305 | |
| 381 | + | (c) (1) (A) A permittee or permittee's agent or employee may 306 | |
| 382 | + | perform a transaction scan to check the validity of a driver's license or 307 | |
| 383 | + | identity card presented by a cardholder as a condition for selling, 308 | |
| 384 | + | giving away or otherwise distributing alcoholic liquor to the 309 | |
| 385 | + | cardholder. 310 | |
| 386 | + | (B) A cannabis retailer shall perform a transaction scan to check the 311 | |
| 387 | + | validity of a driver's license or identity card presented by a cardholder 312 | |
| 388 | + | as a condition for selling cannabis or a cannabis product to the 313 | |
| 389 | + | cardholder. 314 | |
| 390 | + | (2) (A) If the information deciphered by the transaction scan 315 | |
| 391 | + | performed under subdivision (1) of this subsection fails to match the 316 | |
| 392 | + | information printed on the driver's license or identity card presented 317 | |
| 393 | + | by the cardholder, or if the transaction scan indicates that the 318 | |
| 394 | + | information so printed is false or fraudulent, neither the permittee nor 319 | |
| 395 | + | any permittee's agent or employee shall sell, give away or otherwise 320 | |
| 396 | + | distribute any alcoholic liquor to the cardholder. 321 | |
| 397 | + | (B) If the information deciphered by the transaction scan performed 322 | |
| 398 | + | under subdivision (1) of this subsection fails to match the information 323 | |
| 399 | + | printed on the driver's license or identity card presented by the 324 | |
| 400 | + | cardholder, or if the transaction scan indicates that the information so 325 | |
| 401 | + | printed is false or fraudulent, the cannabis retailer shall not sell any 326 | |
| 402 | + | cannabis or cannabis product to the cardholder. 327 Raised Bill No. 1085 | |
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| 417 | - | boarding houses, hotels, commercial buildings, youth camps or 331 | |
| 418 | - | commercial camps and commercial camping facilities in such 332 | |
| 419 | - | municipality unless the sewerage facilities have been approved by the 333 | |
| 420 | - | authorized officials of the municipality; 334 | |
| 421 | - | (B) (i) Regulate and prohibit, in a manner not inconsistent with the 335 | |
| 422 | - | general statutes, traffic, the operation of vehicles on streets and 336 | |
| 423 | - | highways, off-street parking and on-street residential neighborhood 337 | |
| 424 | - | parking areas in which on-street parking is limited to residents of a 338 | |
| 425 | - | given neighborhood, as determined by the municipality; 339 | |
| 426 | - | (ii) Regulate the speed of vehicles, subject to the provisions of the 340 | |
| 427 | - | general statutes relating to the regulation of the speed of motor 341 | |
| 428 | - | vehicles and of animals, and the driving or leading of animals through 342 | |
| 429 | - | the streets; 343 | |
| 430 | - | (iii) Require that conspicuous signage be posted in any area where a 344 | |
| 431 | - | motor vehicle may be subject to towing or to the use of a wheel-locking 345 | |
| 432 | - | device that renders such motor vehicle immovable, and that such 346 | |
| 433 | - | signage indicate where the motor vehicle will be stored, how the 347 | |
| 434 | - | vehicle may be redeemed and any costs or fees that may be charged; 348 | |
| 435 | - | (C) Regulate and prohibit the construction or use, and require the 349 | |
| 436 | - | removal of sinks, cesspools, drains, sewers, privies, barns, outhouses 350 | |
| 437 | - | and poultry pens and houses; 351 | |
| 438 | - | (D) (i) Regulate and prohibit the going at large of dogs and other 352 | |
| 439 | - | animals in the streets and public places of the municipality and 353 | |
| 440 | - | prevent cruelty to animals and all inhuman sports, except that no 354 | |
| 441 | - | municipality shall adopt breed-specific dog ordinances; 355 | |
| 442 | - | (ii) Regulate and prohibit the keeping of wild or domestic animals, 356 | |
| 443 | - | including reptiles, within the municipal limits or portions thereof; 357 | |
| 444 | - | (E) Define, prohibit and abate within the municipality all nuisances 358 | |
| 445 | - | and causes thereof, and all things detrimental to the health, morals, 359 | |
| 446 | - | safety, convenience and welfare of its inhabitants and cause the 360 Substitute Bill No. 1085 | |
| 406 | + | LCO No. 6083 12 of 17 | |
| 407 | + | ||
| 408 | + | (3) (A) Subdivision (1) of this subsection does not preclude a 328 | |
| 409 | + | permittee or permittee's agent or employee from using a transaction 329 | |
| 410 | + | scan device to check the validity of a document presented as 330 | |
| 411 | + | identification other than a driver's license or an identity card, if the 331 | |
| 412 | + | document includes a bar code or magnetic strip that may be scanned 332 | |
| 413 | + | by the device, as a condition for selling, giving away or otherwise 333 | |
| 414 | + | distributing alcoholic liquor to the person presenting the document. 334 | |
| 415 | + | (B) Subdivision (1) of this subsection does not preclude a cannabis 335 | |
| 416 | + | retailer from using a transaction scan device to check the validity of a 336 | |
| 417 | + | document presented as identification other than a driver's license or an 337 | |
| 418 | + | identity card, if the document includes a bar code or magnetic strip 338 | |
| 419 | + | that may be scanned by the device, as a condition for selling cannabis 339 | |
| 420 | + | or a cannabis product to the person presenting the document. 340 | |
| 421 | + | (d) (1) No permittee or permittee's agent or employee shall 341 | |
| 422 | + | electronically or mechanically record or maintain any information 342 | |
| 423 | + | derived from a transaction scan, except the following: (A) The name 343 | |
| 424 | + | and date of birth of the person listed on the driver's license or identity 344 | |
| 425 | + | card presented by a cardholder; (B) the expiration date and 345 | |
| 426 | + | identification number of the driver's license or identity card presented 346 | |
| 427 | + | by a cardholder. 347 | |
| 428 | + | (2) No cannabis retailer shall (A) electronically or mechanically 348 | |
| 429 | + | record or maintain any information derived from a transaction scan or 349 | |
| 430 | + | otherwise obtained from the driver's license or identity card presented 350 | |
| 431 | + | by a cardholder, or (B) use a transaction scan device for a purpose 351 | |
| 432 | + | other than the purposes specified in subsection (c) of this section. 352 | |
| 433 | + | [(2)] (3) No permittee or permittee's agent or employee shall use a 353 | |
| 434 | + | transaction scan device for a purpose other than the purposes specified 354 | |
| 435 | + | in subsection (c) of this section, subsection (d) of section 53-344 or 355 | |
| 436 | + | subsection (e) of section 53-344b. 356 | |
| 437 | + | [(3)] (4) No permittee or permittee's agent or employee or cannabis 357 | |
| 438 | + | retailer shall sell or otherwise disseminate the information derived 358 | |
| 439 | + | from a transaction scan to any third party for any purpose, including, 359 Raised Bill No. 1085 | |
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| 452 | 442 | ||
| 453 | - | abatement of any nuisance at the expense of the owner or owners of 361 | |
| 454 | - | the premises on which such nuisance exists; 362 | |
| 455 | - | (F) (i) Keep streets, sidewalks and public places free from undue 363 | |
| 456 | - | noise and nuisances, and prohibit loitering thereon; 364 | |
| 457 | - | (ii) Regulate loitering on private property with the permission of the 365 | |
| 458 | - | owner thereof; 366 | |
| 459 | - | (iii) Prohibit the loitering in the nighttime of minors on the streets, 367 | |
| 460 | - | alleys or public places within its limits; 368 | |
| 461 | - | (iv) Prevent trespassing on public and private lands and in 369 | |
| 462 | - | buildings in the municipality; 370 | |
| 463 | - | (G) Prevent vice and suppress gambling houses, houses of ill-fame 371 | |
| 464 | - | and disorderly houses; 372 | |
| 465 | - | (H) (i) Secure the safety of persons in or passing through the 373 | |
| 466 | - | municipality by regulation of shows, processions, parades and music; 374 | |
| 467 | - | (ii) Regulate and prohibit the carrying on within the municipality of 375 | |
| 468 | - | any trade, manufacture, business or profession which is, or may be, so 376 | |
| 469 | - | carried on as to become prejudicial to public health, conducive to fraud 377 | |
| 470 | - | and cheating, or dangerous to, or constituting an unreasonable 378 | |
| 471 | - | annoyance to, those living or owning property in the vicinity; 379 | |
| 472 | - | (iii) Regulate auctions and garage and tag sales; 380 | |
| 473 | - | (iv) Prohibit, restrain, license and regulate the business of peddlers, 381 | |
| 474 | - | auctioneers and junk dealers in a manner not inconsistent with the 382 | |
| 475 | - | general statutes; 383 | |
| 476 | - | (v) Regulate and prohibit swimming or bathing in the public or 384 | |
| 477 | - | exposed places within the municipality; 385 | |
| 478 | - | (vi) Regulate and license the operation of amusement parks and 386 | |
| 479 | - | amusement arcades including, but not limited to, the regulation of 387 Substitute Bill No. 1085 | |
| 443 | + | LCO No. 6083 13 of 17 | |
| 444 | + | ||
| 445 | + | but not limited to, any marketing, advertising or promotional 360 | |
| 446 | + | activities, except that a permittee or permittee's agent or employee may 361 | |
| 447 | + | release that information pursuant to a court order. 362 | |
| 448 | + | [(4)] (5) Nothing in subsection (c) of this section or this subsection 363 | |
| 449 | + | relieves a permittee or permittee's agent or employee of any 364 | |
| 450 | + | responsibility to comply with any other applicable state or federal laws 365 | |
| 451 | + | or rules governing the sale, giving away or other distribution of 366 | |
| 452 | + | alcoholic liquor. 367 | |
| 453 | + | [(5)] (6) Any person who violates this subsection shall be subject to a 368 | |
| 454 | + | civil penalty of not more than one thousand dollars. 369 | |
| 455 | + | (e) (1) In any prosecution of a permittee or permittee's agent or 370 | |
| 456 | + | employee for selling alcoholic liquor to a minor in violation of 371 | |
| 457 | + | subsection (b) of this section, it shall be an affirmative defense that all 372 | |
| 458 | + | of the following occurred: (A) A cardholder attempting to purchase or 373 | |
| 459 | + | receive alcoholic liquor presented a driver's license or an identity card; 374 | |
| 460 | + | (B) a transaction scan of the driver's license or identity card that the 375 | |
| 461 | + | cardholder presented indicated that the license or card was valid; and 376 | |
| 462 | + | (C) the alcoholic liquor was sold, given away or otherwise distributed 377 | |
| 463 | + | to the cardholder in reasonable reliance upon the identification 378 | |
| 464 | + | presented and the completed transaction scan. 379 | |
| 465 | + | (2) In determining whether a permittee or permittee's agent or 380 | |
| 466 | + | employee has proven the affirmative defense provided by subdivision 381 | |
| 467 | + | (1) of this subsection, the trier of fact in such prosecution shall consider 382 | |
| 468 | + | that reasonable reliance upon the identification presented and the 383 | |
| 469 | + | completed transaction scan may require a permittee or permittee's 384 | |
| 470 | + | agent or employee to exercise reasonable diligence and that the use of 385 | |
| 471 | + | a transaction scan device does not excuse a permittee or permittee's 386 | |
| 472 | + | agent or employee from exercising such reasonable diligence to 387 | |
| 473 | + | determine the following: (A) Whether a person to whom the permittee 388 | |
| 474 | + | or permittee's agent or employee sells, gives away or otherwise 389 | |
| 475 | + | distributes alcoholic liquor is twenty-one years of age or older; and (B) 390 Raised Bill No. 1085 | |
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| 486 | - | mechanical rides and the establishment of the hours of operation; 388 | |
| 487 | - | (vii) Prohibit, restrain, license and regulate all sports, exhibitions, 389 | |
| 488 | - | public amusements and performances and all places where games may 390 | |
| 489 | - | be played; 391 | |
| 490 | - | (viii) Preserve the public peace and good order, prevent and quell 392 | |
| 491 | - | riots and disorderly assemblages and prevent disturbing noises; 393 | |
| 492 | - | (ix) Establish a system to obtain a more accurate registration of 394 | |
| 493 | - | births, marriages and deaths than the system provided by the general 395 | |
| 494 | - | statutes in a manner not inconsistent with the general statutes; 396 | |
| 495 | - | (x) Control insect pests or plant diseases in any manner deemed 397 | |
| 496 | - | appropriate; 398 | |
| 497 | - | (xi) Provide for the health of the inhabitants of the municipality and 399 | |
| 498 | - | do all things necessary or desirable to secure and promote the public 400 | |
| 499 | - | health; 401 | |
| 500 | - | (xii) Regulate the use of streets, sidewalks, highways, public places 402 | |
| 501 | - | and grounds for public and private purposes; 403 | |
| 502 | - | (xiii) Make and enforce police, sanitary or other similar regulations 404 | |
| 503 | - | and protect or promote the peace, safety, good government and 405 | |
| 504 | - | welfare of the municipality and its inhabitants; 406 | |
| 505 | - | (xiv) Regulate, in addition to the requirements under section 7-282b, 407 | |
| 506 | - | the installation, maintenance and operation of any device or 408 | |
| 507 | - | equipment in a residence or place of business which is capable of 409 | |
| 508 | - | automatically calling and relaying recorded emergency messages to 410 | |
| 509 | - | any state police or municipal police or fire department telephone 411 | |
| 510 | - | number or which is capable of automatically calling and relaying 412 | |
| 511 | - | recorded emergency messages or other forms of emergency signals to 413 | |
| 512 | - | an intermediate third party which shall thereafter call and relay such 414 | |
| 513 | - | emergency messages to a state police or municipal police or fire 415 | |
| 514 | - | department telephone number. Such regulations may provide for 416 Substitute Bill No. 1085 | |
| 479 | + | LCO No. 6083 14 of 17 | |
| 480 | + | ||
| 481 | + | whether the description and picture appearing on the driver's license 391 | |
| 482 | + | or identity card presented by a cardholder are those of the cardholder. 392 | |
| 483 | + | Sec. 14. Section 30-88a of the general statutes is repealed and the 393 | |
| 484 | + | following is substituted in lieu thereof (Effective July 1, 2019): 394 | |
| 485 | + | Each person who attains the age of twenty-one years and has a 395 | |
| 486 | + | motor vehicle operator's license, containing a full-face photograph of 396 | |
| 487 | + | such person, may use, and each permittee or cannabis retailer may 397 | |
| 488 | + | accept, such license as legal proof of the age of the licensee for the 398 | |
| 489 | + | purposes of this chapter and section 3 of this act. Any person who, for 399 | |
| 490 | + | the purpose of procuring alcoholic liquor or cannabis or a cannabis 400 | |
| 491 | + | product, misrepresents his or her age or uses or exhibits an operator's 401 | |
| 492 | + | license belonging to any other person shall be fined not less than two 402 | |
| 493 | + | hundred dollars or more than five hundred dollars or imprisoned not 403 | |
| 494 | + | more than thirty days, or both. For purposes of this section, "cannabis", 404 | |
| 495 | + | "cannabis product" and "cannabis retailer" have the same meaning as 405 | |
| 496 | + | provided in section 30-86, as amended by this act. 406 | |
| 497 | + | Sec. 15. Subsection (a) of section 30-89 of the general statutes is 407 | |
| 498 | + | repealed and the following is substituted in lieu thereof (Effective July 408 | |
| 499 | + | 1, 2019): 409 | |
| 500 | + | (a) Any person to whom the sale of alcoholic liquor, cannabis or a 410 | |
| 501 | + | cannabis product is by law forbidden who purchases or attempts to 411 | |
| 502 | + | purchase such liquor, cannabis or cannabis product or who makes any 412 | |
| 503 | + | false statement for the purpose of procuring such liquor, cannabis or 413 | |
| 504 | + | cannabis product shall be fined not less than two hundred or more 414 | |
| 505 | + | than five hundred dollars. For purposes of this subsection, "cannabis" 415 | |
| 506 | + | and "cannabis product" have the same meaning as provided in section 416 | |
| 507 | + | 30-86, as amended by this act. 417 | |
| 508 | + | Sec. 16. Section 30-89a of the general statutes is repealed and the 418 | |
| 509 | + | following is substituted in lieu thereof (Effective July 1, 2019): 419 | |
| 510 | + | (a) No person having possession of, or exercising dominion and 420 | |
| 511 | + | control over, any dwelling unit or private property shall (1) 421 Raised Bill No. 1085 | |
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| 521 | - | penalties for the transmittal of false alarms by such devices or 417 | |
| 522 | - | equipment; 418 | |
| 523 | - | (xv) Make and enforce regulations for the prevention and 419 | |
| 524 | - | remediation of housing blight, including regulations reducing 420 | |
| 525 | - | assessments and authorizing designated agents of the municipality to 421 | |
| 526 | - | enter property during reasonable hours for the purpose of remediating 422 | |
| 527 | - | blighted conditions, provided such regulations define housing blight 423 | |
| 528 | - | and require such municipality to give written notice of any violation to 424 | |
| 529 | - | the owner and occupant of the property and provide a reasonable 425 | |
| 530 | - | opportunity for the owner and occupant to remediate the blighted 426 | |
| 531 | - | conditions prior to any enforcement action being taken, and further 427 | |
| 532 | - | provided such regulations shall not authorize such municipality or its 428 | |
| 533 | - | designated agents to enter any dwelling house or structure on such 429 | |
| 534 | - | property, and including regulations establishing a duty to maintain 430 | |
| 535 | - | property and specifying standards to determine if there is neglect; 431 | |
| 536 | - | prescribe civil penalties for the violation of such regulations of not less 432 | |
| 537 | - | than ten or more than one hundred dollars for each day that a 433 | |
| 538 | - | violation continues and, if such civil penalties are prescribed, such 434 | |
| 539 | - | municipality shall adopt a citation hearing procedure in accordance 435 | |
| 540 | - | with section 7-152c; 436 | |
| 541 | - | (xvi) Regulate, on any property owned by the municipality, any 437 | |
| 542 | - | activity deemed to be deleterious to public health, including the 438 | |
| 543 | - | lighting or carrying of a lighted cigarette, cigar, pipe or similar device, 439 | |
| 544 | - | whether containing wholly or in part tobacco, or a cannabis-type 440 | |
| 545 | - | substance, as defined in section 21a-240; 441 | |
| 546 | - | Sec. 11. Subsection (b) of section 21a-277 of the general statutes is 442 | |
| 547 | - | repealed and the following is substituted in lieu thereof (Effective July 443 | |
| 548 | - | 1, 2019): 444 | |
| 549 | - | (b) (1) No person may manufacture, distribute, sell, prescribe, 445 | |
| 550 | - | dispense, compound, transport with the intent to sell or dispense, 446 | |
| 551 | - | possess with the intent to sell or dispense, offer, give or administer to 447 | |
| 552 | - | another person, except as authorized in this chapter, [or] chapter 420f 448 Substitute Bill No. 1085 | |
| 515 | + | LCO No. 6083 15 of 17 | |
| 516 | + | ||
| 517 | + | knowingly, recklessly or with criminal negligence permit any minor to 422 | |
| 518 | + | possess alcoholic liquor in violation of subsection (b) of section 30-89 423 | |
| 519 | + | or cannabis or a cannabis product in such dwelling unit or on such 424 | |
| 520 | + | private property, or (2) knowing that any minor possesses alcoholic 425 | |
| 521 | + | liquor in violation of subsection (b) of section 30-89 or cannabis or a 426 | |
| 522 | + | cannabis product in such dwelling unit or on such private property, 427 | |
| 523 | + | fail to make reasonable efforts to halt such possession. For the 428 | |
| 524 | + | purposes of this subsection, "minor" means a person under twenty-one 429 | |
| 525 | + | years of age. 430 | |
| 526 | + | (b) For purposes of this section, "cannabis" and "cannabis product" 431 | |
| 527 | + | have the same meaning as provided in section 30-86, as amended by 432 | |
| 528 | + | this act. 433 | |
| 529 | + | [(b)] (c) Any person who violates the provisions of subsection (a) of 434 | |
| 530 | + | this section shall be guilty of a class A misdemeanor. 435 | |
| 531 | + | Sec. 17. Section 54-142d of the general statutes is repealed and the 436 | |
| 532 | + | following is substituted in lieu thereof (Effective July 1, 2019): 437 | |
| 533 | + | (a) Whenever any person has been convicted of an offense in any 438 | |
| 534 | + | court in this state and such offense has been decriminalized 439 | |
| 535 | + | subsequent to the date of such conviction, such person may file a 440 | |
| 536 | + | petition with the superior court at the location in which such 441 | |
| 537 | + | conviction was effected, or with the superior court at the location 442 | |
| 538 | + | having custody of the records of such conviction or with the records 443 | |
| 539 | + | center of the Judicial Department if such conviction was in the Court of 444 | |
| 540 | + | Common Pleas, Circuit Court, municipal court or by a trial justice, for 445 | |
| 541 | + | an order of erasure, and the Superior Court or records center of the 446 | |
| 542 | + | Judicial Department shall direct all police and court records and 447 | |
| 543 | + | records of the state's or prosecuting attorney pertaining to such case to 448 | |
| 544 | + | be physically destroyed. 449 | |
| 545 | + | (b) Any person who has been convicted in any court in this state of a 450 | |
| 546 | + | violation of section 21a-279, as amended by this act, for possession of a 451 | |
| 547 | + | cannabis-type substance and the amount possessed was equal to or 452 | |
| 548 | + | less than one and one-half ounces of such substance, may file a petition 453 Raised Bill No. 1085 | |
| 553 | 549 | ||
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| 558 | 551 | ||
| 559 | - | or sections 2 to 7, inclusive, of this act, any controlled substance other 449 | |
| 560 | - | than a (A) narcotic substance, or (B) hallucinogenic substance. 450 | |
| 561 | - | (2) Any person who violates subdivision (1) of this subsection (A) 451 | |
| 562 | - | for a first offense, may be fined not more than twenty-five thousand 452 | |
| 563 | - | dollars or imprisoned not more than seven years, or be both fined and 453 | |
| 564 | - | imprisoned, and (B) for any subsequent offense, may be fined not more 454 | |
| 565 | - | than one hundred thousand dollars or imprisoned not more than 455 | |
| 566 | - | fifteen years, or be both fined and imprisoned. 456 | |
| 567 | - | Sec. 12. Subsection (b) of section 21a-278 of the general statutes is 457 | |
| 568 | - | repealed and the following is substituted in lieu thereof (Effective July 458 | |
| 569 | - | 1, 2019): 459 | |
| 570 | - | (b) (1) No person may manufacture, distribute, sell, prescribe, 460 | |
| 571 | - | dispense, compound, transport with the intent to sell or dispense, 461 | |
| 572 | - | possess with the intent to sell or dispense, offer, give or administer to 462 | |
| 573 | - | another person, except as authorized in this chapter, [or] chapter 420f 463 | |
| 574 | - | or sections 2 to 7, inclusive, of this act, (A) a narcotic substance, (B) a 464 | |
| 575 | - | hallucinogenic substance, (C) an amphetamine-type substance, or (D) 465 | |
| 576 | - | one kilogram or more of a cannabis-type substance. The provisions of 466 | |
| 577 | - | this subdivision shall not apply to a person who is, at the time of the 467 | |
| 578 | - | commission of the offense, a drug-dependent person. 468 | |
| 579 | - | (2) Any person who violates subdivision (1) of this subsection (A) 469 | |
| 580 | - | for a first offense, shall be imprisoned not less than five years or more 470 | |
| 581 | - | than twenty years, and (B) for any subsequent offense, shall be 471 | |
| 582 | - | imprisoned not less than ten years or more than twenty-five years. The 472 | |
| 583 | - | execution of the mandatory minimum sentence imposed by the 473 | |
| 584 | - | provisions of this subdivision shall not be suspended, except that the 474 | |
| 585 | - | court may suspend the execution of such mandatory minimum 475 | |
| 586 | - | sentence if, at the time of the commission of the offense, such person 476 | |
| 587 | - | was under the age of eighteen years or such person's mental capacity 477 | |
| 588 | - | was significantly impaired, but not so impaired as to constitute a 478 | |
| 589 | - | defense to prosecution. 479 Substitute Bill No. 1085 | |
| 552 | + | LCO No. 6083 16 of 17 | |
| 590 | 553 | ||
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| 595 | - | ||
| 596 | - | Sec. 13. Subsection (a) of section 21a-279 of the general statutes is 480 | |
| 597 | - | repealed and the following is substituted in lieu thereof (Effective July 481 | |
| 598 | - | 1, 2019): 482 | |
| 599 | - | (a) (1) Any person who possesses or has under such person's control 483 | |
| 600 | - | any quantity of any controlled substance, except less than one-half 484 | |
| 601 | - | ounce of a cannabis-type substance and except as authorized in this 485 | |
| 602 | - | chapter, chapter 420f or sections 2 to 7, inclusive, of this act, shall be 486 | |
| 603 | - | guilty of a class A misdemeanor. 487 | |
| 604 | - | (2) For a second offense of subdivision (1) of this subsection, the 488 | |
| 605 | - | court shall evaluate such person and, if the court determines such 489 | |
| 606 | - | person is a drug-dependent person, the court may suspend 490 | |
| 607 | - | prosecution of such person and order such person to undergo a 491 | |
| 608 | - | substance abuse treatment program. 492 | |
| 609 | - | (3) For any subsequent offense of subdivision (1) of this subsection, 493 | |
| 610 | - | the court may find such person to be a persistent offender for 494 | |
| 611 | - | possession of a controlled substance in accordance with section 53a-40. 495 | |
| 612 | - | Sec. 14. Subsection (a) of section 21a-279a of the general statutes is 496 | |
| 613 | - | repealed and the following is substituted in lieu thereof (Effective July 497 | |
| 614 | - | 1, 2019): 498 | |
| 615 | - | (a) Any person who possesses or has under his control less than 499 | |
| 616 | - | one-half ounce of a cannabis-type substance, [as defined in section 21a-500 | |
| 617 | - | 240,] except as authorized in this chapter, chapter 420f or sections 2 to 501 | |
| 618 | - | 7, inclusive, of this act, shall (1) for a first offense, be fined one 502 | |
| 619 | - | hundred fifty dollars, and (2) for a subsequent offense, be fined not 503 | |
| 620 | - | less than two hundred dollars or more than five hundred dollars. 504 | |
| 621 | - | Sec. 15. Section 30-86 of the general statutes is repealed and the 505 | |
| 622 | - | following is substituted in lieu thereof (Effective July 1, 2019): 506 | |
| 623 | - | (a) As used in this section: 507 | |
| 624 | - | (1) "Cardholder" means any person who presents a driver's license 508 Substitute Bill No. 1085 | |
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| 631 | - | or an identity card to a (A) permittee or permittee's agent or employee, 509 | |
| 632 | - | to purchase or receive alcoholic liquor from such permittee or 510 | |
| 633 | - | permittee's agent or employee, or (B) cannabis retailer to purchase 511 | |
| 634 | - | cannabis or a cannabis product from such cannabis retailer; 512 | |
| 635 | - | (2) "Identity card" means an identification card issued in accordance 513 | |
| 636 | - | with the provisions of section 1-1h; 514 | |
| 637 | - | (3) "Transaction scan" means the process by which a permittee or 515 | |
| 638 | - | permittee's agent or employee or cannabis retailer checks, by means of 516 | |
| 639 | - | a transaction scan device, the validity of a driver's license or an 517 | |
| 640 | - | identity card; [and] 518 | |
| 641 | - | (4) "Transaction scan device" means any commercial device or 519 | |
| 642 | - | combination of devices used at a point of sale that is capable of 520 | |
| 643 | - | deciphering in an electronically readable format the information 521 | |
| 644 | - | encoded on the magnetic strip or bar code of a driver's license or an 522 | |
| 645 | - | identity card; 523 | |
| 646 | - | (5) "Cannabis" means a cannabis-type substance, as defined in 524 | |
| 647 | - | section 21a-240; 525 | |
| 648 | - | (6) "Cannabis product" means cannabis product, as defined in 526 | |
| 649 | - | section 1 of this act; and 527 | |
| 650 | - | (7) "Cannabis retailer" means a cannabis retailer, as defined in 528 | |
| 651 | - | section 1 of this act. 529 | |
| 652 | - | (b) (1) Any permittee or any servant or agent of a permittee who 530 | |
| 653 | - | sells or delivers alcoholic liquor to any minor or any intoxicated 531 | |
| 654 | - | person, or to any habitual drunkard, knowing the person to be such an 532 | |
| 655 | - | habitual drunkard, shall be subject to the penalties of section 30-113. 533 | |
| 656 | - | (2) Any person who sells, ships, delivers or gives alcoholic liquor to 534 | |
| 657 | - | a minor, by any means, including, but not limited to, the Internet or 535 | |
| 658 | - | any other on-line computer network, except on the order of a 536 | |
| 659 | - | practicing physician, shall be fined not more than three thousand five 537 Substitute Bill No. 1085 | |
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| 666 | - | hundred dollars or imprisoned not more than eighteen months, or 538 | |
| 667 | - | both. 539 | |
| 668 | - | (3) The provisions of this subsection shall not apply (A) to a sale, 540 | |
| 669 | - | shipment or delivery made to a person over age eighteen who is an 541 | |
| 670 | - | employee or permit holder under section 30-90a and where such sale, 542 | |
| 671 | - | shipment or delivery is made in the course of such person's 543 | |
| 672 | - | employment or business, (B) to a sale, shipment or delivery made in 544 | |
| 673 | - | good faith to a minor who practices any deceit in the procurement of 545 | |
| 674 | - | an identity card issued in accordance with the provisions of section 1-546 | |
| 675 | - | 1h, who uses or exhibits any such identity card belonging to any other 547 | |
| 676 | - | person or who uses or exhibits any such identity card that has been 548 | |
| 677 | - | altered or tampered with in any way, or (C) to a shipment or delivery 549 | |
| 678 | - | made to a minor by a parent, guardian or spouse of the minor, 550 | |
| 679 | - | provided such parent, guardian or spouse has attained the age of 551 | |
| 680 | - | twenty-one and provided such minor possesses such alcoholic liquor 552 | |
| 681 | - | while accompanied by such parent, guardian or spouse. 553 | |
| 682 | - | (4) Nothing in this subsection shall be construed to burden a 554 | |
| 683 | - | person's exercise of religion under section 3 of article first of the 555 | |
| 684 | - | Constitution of the state in violation of subsection (a) of section 52-556 | |
| 685 | - | 571b. 557 | |
| 686 | - | (c) (1) (A) A permittee or permittee's agent or employee may 558 | |
| 687 | - | perform a transaction scan to check the validity of a driver's license or 559 | |
| 688 | - | identity card presented by a cardholder as a condition for selling, 560 | |
| 689 | - | giving away or otherwise distributing alcoholic liquor to the 561 | |
| 690 | - | cardholder. 562 | |
| 691 | - | (B) A cannabis retailer shall perform a transaction scan to check the 563 | |
| 692 | - | validity of a driver's license or identity card presented by a cardholder 564 | |
| 693 | - | as a condition for selling cannabis or a cannabis product to the 565 | |
| 694 | - | cardholder. 566 | |
| 695 | - | (2) (A) If the information deciphered by the transaction scan 567 | |
| 696 | - | performed under subdivision (1) of this subsection fails to match the 568 Substitute Bill No. 1085 | |
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| 703 | - | information printed on the driver's license or identity card presented 569 | |
| 704 | - | by the cardholder, or if the transaction scan indicates that the 570 | |
| 705 | - | information so printed is false or fraudulent, neither the permittee nor 571 | |
| 706 | - | any permittee's agent or employee shall sell, give away or otherwise 572 | |
| 707 | - | distribute any alcoholic liquor to the cardholder. 573 | |
| 708 | - | (B) If the information deciphered by the transaction scan performed 574 | |
| 709 | - | under subdivision (1) of this subsection fails to match the information 575 | |
| 710 | - | printed on the driver's license or identity card presented by the 576 | |
| 711 | - | cardholder, or if the transaction scan indicates that the information so 577 | |
| 712 | - | printed is false or fraudulent, the cannabis retailer shall not sell any 578 | |
| 713 | - | cannabis or cannabis product to the cardholder. 579 | |
| 714 | - | (3) (A) Subdivision (1) of this subsection does not preclude a 580 | |
| 715 | - | permittee or permittee's agent or employee from using a transaction 581 | |
| 716 | - | scan device to check the validity of a document presented as 582 | |
| 717 | - | identification other than a driver's license or an identity card, if the 583 | |
| 718 | - | document includes a bar code or magnetic strip that may be scanned 584 | |
| 719 | - | by the device, as a condition for selling, giving away or otherwise 585 | |
| 720 | - | distributing alcoholic liquor to the person presenting the document. 586 | |
| 721 | - | (B) Subdivision (1) of this subsection does not preclude a cannabis 587 | |
| 722 | - | retailer from using a transaction scan device to check the validity of a 588 | |
| 723 | - | document presented as identification other than a driver's license or an 589 | |
| 724 | - | identity card, if the document includes a bar code or magnetic strip 590 | |
| 725 | - | that may be scanned by the device, as a condition for selling cannabis 591 | |
| 726 | - | or a cannabis product to the person presenting the document. 592 | |
| 727 | - | (d) (1) No permittee or permittee's agent or employee shall 593 | |
| 728 | - | electronically or mechanically record or maintain any information 594 | |
| 729 | - | derived from a transaction scan, except the following: (A) The name 595 | |
| 730 | - | and date of birth of the person listed on the driver's license or identity 596 | |
| 731 | - | card presented by a cardholder; (B) the expiration date and 597 | |
| 732 | - | identification number of the driver's license or identity card presented 598 | |
| 733 | - | by a cardholder. 599 Substitute Bill No. 1085 | |
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| 740 | - | (2) No permittee or permittee's agent or employee shall use a 600 | |
| 741 | - | transaction scan device for a purpose other than the purposes specified 601 | |
| 742 | - | in subsection (c) of this section, subsection (d) of section 53-344 or 602 | |
| 743 | - | subsection (e) of section 53-344b. 603 | |
| 744 | - | (3) No cannabis retailer shall (A) electronically or mechanically 604 | |
| 745 | - | record or maintain any information derived from a transaction scan or 605 | |
| 746 | - | otherwise obtained from the driver's license or identity card presented 606 | |
| 747 | - | by a cardholder, or (B) use a transaction scan device for a purpose 607 | |
| 748 | - | other than the purposes specified in subsection (c) of this section. 608 | |
| 749 | - | [(3)] (4) No permittee or permittee's agent or employee or cannabis 609 | |
| 750 | - | retailer shall sell or otherwise disseminate the information derived 610 | |
| 751 | - | from a transaction scan to any third party for any purpose, including, 611 | |
| 752 | - | but not limited to, any marketing, advertising or promotional 612 | |
| 753 | - | activities, except that a permittee or permittee's agent or employee may 613 | |
| 754 | - | release that information pursuant to a court order. 614 | |
| 755 | - | [(4)] (5) Nothing in subsection (c) of this section or this subsection 615 | |
| 756 | - | relieves a permittee or permittee's agent or employee of any 616 | |
| 757 | - | responsibility to comply with any other applicable state or federal laws 617 | |
| 758 | - | or rules governing the sale, giving away or other distribution of 618 | |
| 759 | - | alcoholic liquor. 619 | |
| 760 | - | [(5)] (6) Any person who violates this subsection shall be subject to a 620 | |
| 761 | - | civil penalty of not more than one thousand dollars. 621 | |
| 762 | - | (e) (1) In any prosecution of a permittee or permittee's agent or 622 | |
| 763 | - | employee for selling alcoholic liquor to a minor in violation of 623 | |
| 764 | - | subsection (b) of this section, it shall be an affirmative defense that all 624 | |
| 765 | - | of the following occurred: (A) A cardholder attempting to purchase or 625 | |
| 766 | - | receive alcoholic liquor presented a driver's license or an identity card; 626 | |
| 767 | - | (B) a transaction scan of the driver's license or identity card that the 627 | |
| 768 | - | cardholder presented indicated that the license or card was valid; and 628 | |
| 769 | - | (C) the alcoholic liquor was sold, given away or otherwise distributed 629 | |
| 770 | - | to the cardholder in reasonable reliance upon the identification 630 Substitute Bill No. 1085 | |
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| 777 | - | presented and the completed transaction scan. 631 | |
| 778 | - | (2) In determining whether a permittee or permittee's agent or 632 | |
| 779 | - | employee has proven the affirmative defense provided by subdivision 633 | |
| 780 | - | (1) of this subsection, the trier of fact in such prosecution shall consider 634 | |
| 781 | - | that reasonable reliance upon the identification presented and the 635 | |
| 782 | - | completed transaction scan may require a permittee or permittee's 636 | |
| 783 | - | agent or employee to exercise reasonable diligence and that the use of 637 | |
| 784 | - | a transaction scan device does not excuse a permittee or permittee's 638 | |
| 785 | - | agent or employee from exercising such reasonable diligence to 639 | |
| 786 | - | determine the following: (A) Whether a person to whom the permittee 640 | |
| 787 | - | or permittee's agent or employee sells, gives away or otherwise 641 | |
| 788 | - | distributes alcoholic liquor is twenty-one years of age or older; and (B) 642 | |
| 789 | - | whether the description and picture appearing on the driver's license 643 | |
| 790 | - | or identity card presented by a cardholder are those of the cardholder. 644 | |
| 791 | - | Sec. 16. Section 30-88a of the general statutes is repealed and the 645 | |
| 792 | - | following is substituted in lieu thereof (Effective July 1, 2019): 646 | |
| 793 | - | Each person who attains the age of twenty-one years and has a 647 | |
| 794 | - | motor vehicle operator's license, containing a full-face photograph of 648 | |
| 795 | - | such person, may use, and each permittee or cannabis retailer may 649 | |
| 796 | - | accept, such license as legal proof of the age of the licensee for the 650 | |
| 797 | - | purposes of this chapter and section 3 of this act. Any person who, for 651 | |
| 798 | - | the purpose of procuring alcoholic liquor or cannabis or a cannabis 652 | |
| 799 | - | product, misrepresents his or her age or uses or exhibits an operator's 653 | |
| 800 | - | license belonging to any other person shall be fined not less than two 654 | |
| 801 | - | hundred dollars or more than five hundred dollars or imprisoned not 655 | |
| 802 | - | more than thirty days, or both. For purposes of this section, "cannabis", 656 | |
| 803 | - | "cannabis product" and "cannabis retailer" have the same meanings as 657 | |
| 804 | - | provided in section 30-86, as amended by this act. 658 | |
| 805 | - | Sec. 17. Subsection (a) of section 30-89 of the general statutes is 659 | |
| 806 | - | repealed and the following is substituted in lieu thereof (Effective July 660 | |
| 807 | - | 1, 2019): 661 Substitute Bill No. 1085 | |
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| 814 | - | (a) Any person to whom the sale of alcoholic liquor, cannabis or a 662 | |
| 815 | - | cannabis product is by law forbidden who purchases or attempts to 663 | |
| 816 | - | purchase such liquor, cannabis or cannabis product or who makes any 664 | |
| 817 | - | false statement for the purpose of procuring such liquor, cannabis or 665 | |
| 818 | - | cannabis product shall be fined not less than two hundred or more 666 | |
| 819 | - | than five hundred dollars. For purposes of this subsection, "cannabis" 667 | |
| 820 | - | and "cannabis product" have the same meanings as provided in section 668 | |
| 821 | - | 30-86, as amended by this act. 669 | |
| 822 | - | Sec. 18. Section 30-89a of the general statutes is repealed and the 670 | |
| 823 | - | following is substituted in lieu thereof (Effective July 1, 2019): 671 | |
| 824 | - | (a) No person having possession of, or exercising dominion and 672 | |
| 825 | - | control over, any dwelling unit or private property shall (1) 673 | |
| 826 | - | knowingly, recklessly or with criminal negligence permit any minor to 674 | |
| 827 | - | possess alcoholic liquor in violation of subsection (b) of section 30-89 675 | |
| 828 | - | or cannabis or a cannabis product in such dwelling unit or on such 676 | |
| 829 | - | private property, or (2) knowing that any minor possesses alcoholic 677 | |
| 830 | - | liquor in violation of subsection (b) of section 30-89 or cannabis or a 678 | |
| 831 | - | cannabis product in such dwelling unit or on such private property, 679 | |
| 832 | - | fail to make reasonable efforts to halt such possession. For the 680 | |
| 833 | - | purposes of this subsection, "minor" means a person under twenty-one 681 | |
| 834 | - | years of age. For purposes of this section, "cannabis" and "cannabis 682 | |
| 835 | - | product" have the same meanings as provided in section 30-86, as 683 | |
| 836 | - | amended by this act. 684 | |
| 837 | - | (b) Any person who violates the provisions of subsection (a) of this 685 | |
| 838 | - | section shall be guilty of a class A misdemeanor. 686 | |
| 839 | - | Sec. 19. Section 54-142a of the general statutes is repealed and the 687 | |
| 840 | - | following is substituted in lieu thereof (Effective October 1, 2019): 688 | |
| 841 | - | (a) Whenever in any criminal case, on or after October 1, 1969, the 689 | |
| 842 | - | accused, by a final judgment, is found not guilty of the charge or the 690 | |
| 843 | - | charge is dismissed, all police and court records and records of any 691 | |
| 844 | - | state's attorney pertaining to such charge shall be erased upon the 692 Substitute Bill No. 1085 | |
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| 851 | - | expiration of the time to file a writ of error or take an appeal, if an 693 | |
| 852 | - | appeal is not taken, or upon final determination of the appeal 694 | |
| 853 | - | sustaining a finding of not guilty or a dismissal, if an appeal is taken. 695 | |
| 854 | - | Nothing in this subsection shall require the erasure of any record 696 | |
| 855 | - | pertaining to a charge for which the defendant was found not guilty by 697 | |
| 856 | - | reason of mental disease or defect or guilty but not criminally 698 | |
| 857 | - | responsible by reason of mental disease or defect. 699 | |
| 858 | - | (b) Whenever in any criminal case prior to October 1, 1969, the 700 | |
| 859 | - | accused, by a final judgment, was found not guilty of the charge or the 701 | |
| 860 | - | charge was dismissed, all police and court records and records of the 702 | |
| 861 | - | state's or prosecuting attorney or the prosecuting grand juror 703 | |
| 862 | - | pertaining to such charge shall be erased by operation of law and the 704 | |
| 863 | - | clerk or any person charged with the retention and control of such 705 | |
| 864 | - | records shall not disclose to anyone their existence or any information 706 | |
| 865 | - | pertaining to any charge so erased; provided nothing in this subsection 707 | |
| 866 | - | shall prohibit the arrested person or any one of his heirs from filing a 708 | |
| 867 | - | petition for erasure with the court granting such not guilty judgment 709 | |
| 868 | - | or dismissal, or, where the matter had been before a municipal court, a 710 | |
| 869 | - | trial justice, the Circuit Court or the Court of Common Pleas [with the 711 | |
| 870 | - | records center of the Judicial Department] in the Superior Court where 712 | |
| 871 | - | venue would exist for criminal prosecution, and thereupon all police 713 | |
| 872 | - | and court records and records of the state's attorney, prosecuting 714 | |
| 873 | - | attorney or prosecuting grand juror pertaining to such charge shall be 715 | |
| 874 | - | erased. Nothing in this subsection shall require the erasure of any 716 | |
| 875 | - | record pertaining to a charge for which the defendant was found not 717 | |
| 876 | - | guilty by reason of mental disease or defect. 718 | |
| 877 | - | (c) (1) Whenever any charge in a criminal case has been nolled in the 719 | |
| 878 | - | Superior Court, or in the Court of Common Pleas, if at least thirteen 720 | |
| 879 | - | months have elapsed since such nolle, all police and court records and 721 | |
| 880 | - | records of the state's or prosecuting attorney or the prosecuting grand 722 | |
| 881 | - | juror pertaining to such charge shall be erased, except that in cases of 723 | |
| 882 | - | nolles entered in the Superior Court, Court of Common Pleas, Circuit 724 | |
| 883 | - | Court, municipal court or by a justice of the peace prior to April 1, 725 Substitute Bill No. 1085 | |
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| 890 | - | 1972, such records shall be deemed erased by operation of law and the 726 | |
| 891 | - | clerk or the person charged with the retention and control of such 727 | |
| 892 | - | records shall not disclose to anyone their existence or any information 728 | |
| 893 | - | pertaining to any charge so erased, provided nothing in this subsection 729 | |
| 894 | - | shall prohibit the arrested person or any one of his heirs from filing a 730 | |
| 895 | - | petition to the court or to the records center of the Judicial Department, 731 | |
| 896 | - | as the case may be, to have such records erased, in which case such 732 | |
| 897 | - | records shall be erased. 733 | |
| 898 | - | (2) Whenever any charge in a criminal case has been continued at 734 | |
| 899 | - | the request of the prosecuting attorney, and a period of thirteen 735 | |
| 900 | - | months has elapsed since the granting of such continuance during 736 | |
| 901 | - | which period there has been no prosecution or other disposition of the 737 | |
| 902 | - | matter, the charge shall be nolled upon motion of the arrested person 738 | |
| 903 | - | and such erasure may thereafter be effected or a petition filed therefor, 739 | |
| 904 | - | as the case may be, as provided in this subsection for nolled cases. 740 | |
| 905 | - | (d) (1) Whenever prior to October 1, 1974, any person who has been 741 | |
| 906 | - | convicted of an offense in any court of this state has received an 742 | |
| 907 | - | absolute pardon for such offense, such person or any one of his heirs 743 | |
| 908 | - | may, at any time subsequent to such pardon, file a petition with the 744 | |
| 909 | - | [superior court] Superior Court at the location in which such 745 | |
| 910 | - | conviction was effected, or with the [superior court] Superior Court at 746 | |
| 911 | - | the location having custody of the records of such conviction or [with 747 | |
| 912 | - | the records center of the Judicial Department] if such conviction was in 748 | |
| 913 | - | the Court of Common Pleas, Circuit Court, municipal court or by a 749 | |
| 914 | - | trial justice court, in the Superior Court where venue would exist for 750 | |
| 915 | - | criminal prosecution, for an order of erasure, and the Superior Court 751 | |
| 916 | - | or records center of the Judicial Department shall direct all police and 752 | |
| 917 | - | court records and records of the state's or prosecuting attorney 753 | |
| 918 | - | pertaining to such [case] offense to be erased. 754 | |
| 919 | - | (2) Whenever such absolute pardon was received on or after 755 | |
| 920 | - | October 1, 1974, such records shall be erased. 756 | |
| 921 | - | (e) (1) The clerk of the court [or any person charged with retention 757 Substitute Bill No. 1085 | |
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| 928 | - | and control of such records in the records center of the Judicial 758 | |
| 929 | - | Department] or any law enforcement agency having information 759 | |
| 930 | - | contained in such erased records shall not disclose to anyone, except 760 | |
| 931 | - | the subject of the record, upon submission pursuant to guidelines 761 | |
| 932 | - | prescribed by the Office of the Chief Court Administrator of 762 | |
| 933 | - | satisfactory proof of the subject's identity, information pertaining to 763 | |
| 934 | - | any charge erased under any provision of this section and such clerk or 764 | |
| 935 | - | person charged with the retention and control of such records shall 765 | |
| 936 | - | forward a notice of such erasure to any law enforcement agency to 766 | |
| 937 | - | which he knows information concerning the arrest has been 767 | |
| 938 | - | disseminated and such disseminated information shall be erased from 768 | |
| 939 | - | the records of such law enforcement agency. Such clerk or such person, 769 | |
| 940 | - | as the case may be, shall provide adequate security measures to 770 | |
| 941 | - | safeguard against unauthorized access to or dissemination of such 771 | |
| 942 | - | records or upon the request of the accused cause the actual physical 772 | |
| 943 | - | destruction of such records, except that such clerk or such person shall 773 | |
| 944 | - | not cause the actual physical destruction of such records until three 774 | |
| 945 | - | years have elapsed from the date of the final disposition of the criminal 775 | |
| 946 | - | case to which such records pertain. 776 | |
| 947 | - | (2) No fee shall be charged in any court with respect to any petition 777 | |
| 948 | - | under this section. 778 | |
| 949 | - | (3) Any person who shall have been the subject of such an erasure 779 | |
| 950 | - | shall be deemed to have never been arrested within the meaning of the 780 | |
| 951 | - | general statutes with respect to the proceedings so erased and may so 781 | |
| 952 | - | swear under oath. 782 | |
| 953 | - | (f) Upon motion properly brought, the court or a judge of such 783 | |
| 954 | - | court, if such court is not in session, shall order disclosure of such 784 | |
| 955 | - | records (1) to a defendant in an action for false arrest arising out of the 785 | |
| 956 | - | proceedings so erased, or (2) to the prosecuting attorney and defense 786 | |
| 957 | - | counsel in connection with any perjury charges which the prosecutor 787 | |
| 958 | - | alleges may have arisen from the testimony elicited during the trial, or 788 | |
| 959 | - | any false statement charges, or any proceeding held pursuant to 789 | |
| 960 | - | section 53a-40b, or (3) counsel for the petitioner and the respondent in 790 Substitute Bill No. 1085 | |
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| 966 | - | ||
| 967 | - | connection with any habeas corpus or other collateral civil action in 791 | |
| 968 | - | which evidence pertaining to a nolled or dismissed criminal charge 792 | |
| 969 | - | may become relevant. Such disclosure of such records is subject also to 793 | |
| 970 | - | any records destruction program pursuant to which the records may 794 | |
| 971 | - | have been destroyed. The jury charge in connection with erased 795 | |
| 972 | - | offenses may be ordered by the judge for use by the judiciary, 796 | |
| 973 | - | provided the names of the accused and the witnesses are omitted 797 | |
| 974 | - | therefrom. 798 | |
| 975 | - | (g) The provisions of this section shall not apply to any police or 799 | |
| 976 | - | court records or the records of any state's attorney or prosecuting 800 | |
| 977 | - | attorney with respect to any information or indictment containing 801 | |
| 978 | - | more than one count (1) while the criminal case is pending, or (2) when 802 | |
| 979 | - | the criminal case is disposed of unless and until all counts are entitled 803 | |
| 980 | - | to erasure in accordance with the provisions of this section, except that 804 | |
| 981 | - | when the criminal case is disposed of, electronic records or portions of 805 | |
| 982 | - | electronic records released to the public that reference a charge that 806 | |
| 983 | - | would otherwise be entitled to erasure under this section shall be 807 | |
| 984 | - | erased in accordance with the provisions of this section. Nothing in 808 | |
| 985 | - | this section shall require the erasure of any information contained in 809 | |
| 986 | - | the registry of protective orders established pursuant to section 51-5c. 810 | |
| 987 | - | For the purposes of this subsection, "electronic record" means any 811 | |
| 988 | - | police or court record or the record of any state's attorney or 812 | |
| 989 | - | prosecuting attorney that is an electronic record, as defined in section 813 | |
| 990 | - | 1-267, or a computer printout. 814 | |
| 991 | - | (h) For the purposes of this [section] chapter, "court records" shall 815 | |
| 992 | - | not include a record or transcript of the proceedings made or prepared 816 | |
| 993 | - | by an official court reporter, assistant court reporter or monitor. 817 | |
| 994 | - | Sec. 20. Section 54-142d of the general statutes is repealed and the 818 | |
| 995 | - | following is substituted in lieu thereof (Effective July 1, 2019): 819 | |
| 996 | - | (a) Whenever any person has been convicted of an offense in any 820 | |
| 997 | - | court in this state and such offense has been decriminalized 821 | |
| 998 | - | subsequent to the date of such conviction, such person may file a 822 Substitute Bill No. 1085 | |
| 999 | - | ||
| 1000 | - | ||
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| 1004 | - | ||
| 1005 | - | petition with the [superior court] Superior Court at the location in 823 | |
| 1006 | - | which such conviction was effected, or with the [superior court] 824 | |
| 1007 | - | Superior Court at the location having custody of the records of such 825 | |
| 1008 | - | conviction or [with the records center of the Judicial Department] if 826 | |
| 1009 | - | such conviction was in the Court of Common Pleas, Circuit Court, 827 | |
| 1010 | - | municipal court or by a trial justice in the Superior Court where venue 828 | |
| 1011 | - | would exist for criminal prosecution, for an order of erasure, and the 829 | |
| 1012 | - | Superior Court [or records center of the Judicial Department] shall 830 | |
| 1013 | - | direct all police and court records and records of the state's or 831 | |
| 1014 | - | prosecuting attorney pertaining to such [case] offense to be physically 832 | |
| 1015 | - | destroyed. 833 | |
| 1016 | - | (b) Any person who has been convicted in any court in this state of a 834 | |
| 1017 | - | violation of section 21a-279, as amended by this act, for possession of a 835 | |
| 1018 | - | cannabis-type substance and the amount possessed was less than or 836 | |
| 1019 | - | equal to one and one-half ounces of such substance, may file a petition 837 | |
| 1020 | - | with the Superior Court at the location in which such conviction was 838 | |
| 1021 | - | effected, or with the Superior Court at the location having custody of 839 | |
| 1022 | - | the records of such conviction or if such conviction was in the Court of 840 | |
| 1023 | - | Common Pleas, Circuit Court, municipal court or by a trial justice, in 841 | |
| 1024 | - | the Superior Court where venue would currently exist for criminal 842 | |
| 1025 | - | prosecution, for an order of erasure. As part of such petition, such 843 | |
| 1026 | - | person shall include a copy of the arrest record or an affidavit 844 | |
| 1027 | - | supporting such person's petition that such person possessed one and 845 | |
| 1028 | - | one-half ounces or less of a cannabis-type substance for which such 846 | |
| 1029 | - | person was convicted. If such petition is in order, the Superior Court 847 | |
| 1030 | - | shall direct all police and court records and records of the state's or 848 | |
| 1031 | - | prosecuting attorney pertaining to such offense to be physically 849 | |
| 1032 | - | destroyed. No fee may be charged in any court with respect to any 850 | |
| 1033 | - | petition under this subsection. 851 | |
| 1034 | - | (c) The provisions of this section shall not apply to any police or 852 | |
| 1035 | - | court records or records of the state's or prosecuting attorney 853 | |
| 1036 | - | pertaining to such offense (1) while the criminal case is pending, or (2) 854 | |
| 1037 | - | in instances where the case contains more than one count, until all 855 Substitute Bill No. 1085 | |
| 1038 | - | ||
| 1039 | - | ||
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| 1043 | - | ||
| 1044 | - | counts are entitled to destruction. If all counts are not entitled to 856 | |
| 1045 | - | destruction, the court shall direct the records of any offenses that 857 | |
| 1046 | - | would otherwise be entitled to destruction pursuant to this section to 858 | |
| 1047 | - | be deemed erased pursuant to section 54-142a. 859 | |
| 1048 | - | Sec. 21. Section 53a-32 of the general statutes is repealed and the 860 | |
| 1049 | - | following is substituted in lieu thereof (Effective October 1, 2019): 861 | |
| 1050 | - | (a) (1) At any time during the period of probation or conditional 862 | |
| 1051 | - | discharge, the court or any judge thereof may issue a warrant for the 863 | |
| 1052 | - | arrest of a defendant for violation of any of the conditions of probation 864 | |
| 1053 | - | or conditional discharge, except as provided in subdivision (2) of this 865 | |
| 1054 | - | subsection, or may issue a notice to appear to answer to a charge of 866 | |
| 1055 | - | such violation, except as provided in subdivision (2) of this subsection, 867 | |
| 1056 | - | which notice shall be personally served upon the defendant. Any such 868 | |
| 1057 | - | warrant shall authorize all officers named therein to return the 869 | |
| 1058 | - | defendant to the custody of the court or to any suitable detention 870 | |
| 1059 | - | facility designated by the court. Whenever a probation officer has 871 | |
| 1060 | - | probable cause to believe that a person has violated a condition of such 872 | |
| 1061 | - | person's probation, except as provided in subdivision (2) of this 873 | |
| 1062 | - | subsection, such probation officer may notify any police officer that 874 | |
| 1063 | - | such person has, in such officer's judgment, violated the conditions of 875 | |
| 1064 | - | such person's probation and such notice shall be sufficient warrant for 876 | |
| 1065 | - | the police officer to arrest such person and return such person to the 877 | |
| 1066 | - | custody of the court or to any suitable detention facility designated by 878 | |
| 1067 | - | the court. Whenever a probation officer so notifies a police officer, the 879 | |
| 1068 | - | probation officer shall notify the victim of the offense for which such 880 | |
| 1069 | - | person is on probation, and any victim advocate assigned to assist the 881 | |
| 1070 | - | victim, provided the probation officer has been provided with the 882 | |
| 1071 | - | name and contact information for such victim or victim advocate. Any 883 | |
| 1072 | - | probation officer may arrest any defendant on probation without a 884 | |
| 1073 | - | warrant or may deputize any other officer with power to arrest to do 885 | |
| 1074 | - | so by giving such other officer a written statement setting forth that the 886 | |
| 1075 | - | defendant has, in the judgment of the probation officer, violated the 887 | |
| 1076 | - | conditions of the defendant's probation, except as provided in 888 Substitute Bill No. 1085 | |
| 1077 | - | ||
| 1078 | - | ||
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| 1082 | - | ||
| 1083 | - | subdivision (2) of this subsection. Such written statement, delivered 889 | |
| 1084 | - | with the defendant by the arresting officer to the official in charge of 890 | |
| 1085 | - | any correctional center or other place of detention, shall be sufficient 891 | |
| 1086 | - | warrant for the detention of the defendant. After making such an 892 | |
| 1087 | - | arrest, such probation officer shall present to the detaining authorities 893 | |
| 1088 | - | a similar statement of the circumstances of violation. Provisions 894 | |
| 1089 | - | regarding release on bail of persons charged with a crime shall be 895 | |
| 1090 | - | applicable to any defendant arrested under the provisions of this 896 | |
| 1091 | - | section. Upon such arrest and detention, the probation officer shall 897 | |
| 1092 | - | immediately so notify the court or any judge thereof. 898 | |
| 1093 | - | (2) No violation of a condition of probation or conditional discharge 899 | |
| 1094 | - | that is based solely on a defendant's possession, use or other 900 | |
| 1095 | - | consumption of cannabis or cannabis products, each as defined in 901 | |
| 1096 | - | section 1 of this act, may result in an arrest of or a warrant or 902 | |
| 1097 | - | notification to arrest or detain such defendant or return such 903 | |
| 1098 | - | defendant to the custody of the court under subdivision (1) of this 904 | |
| 1099 | - | subsection, provided the defendant was (A) twenty-one years of age or 905 | |
| 1100 | - | older at the time of such possession, use or other consumption, and (B) 906 | |
| 1101 | - | not in possession of more cannabis or cannabis product than such 907 | |
| 1102 | - | defendant's possession limit pursuant to section 2 of this act. 908 | |
| 1103 | - | (b) (1) When the defendant is presented for arraignment on the 909 | |
| 1104 | - | charge of violation of any of the conditions of probation or conditional 910 | |
| 1105 | - | discharge, except as provided in subdivision (2) of this subsection, the 911 | |
| 1106 | - | court shall review any conditions previously imposed on the 912 | |
| 1107 | - | defendant and may order, as a condition of the pretrial release of the 913 | |
| 1108 | - | defendant, that the defendant comply with any or all of such 914 | |
| 1109 | - | conditions in addition to any conditions imposed pursuant to section 915 | |
| 1110 | - | 54-64a. Unless the court, pursuant to subsection (c) of section 54-64a, 916 | |
| 1111 | - | orders that the defendant remain under the supervision of a probation 917 | |
| 1112 | - | officer or other designated person or organization, the defendant shall 918 | |
| 1113 | - | be supervised by the Court Support Services Division of the Judicial 919 | |
| 1114 | - | Branch in accordance with subsection (a) of section 54-63b. 920 | |
| 1115 | - | (2) No violation of a condition of probation or conditional discharge 921 Substitute Bill No. 1085 | |
| 1116 | - | ||
| 1117 | - | ||
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| 1121 | - | ||
| 1122 | - | that is based entirely on a defendant's possession, use or other 922 | |
| 1123 | - | consumption of cannabis or cannabis products, each as defined in 923 | |
| 1124 | - | section 1 of this act, may be the sole charge for which a defendant is 924 | |
| 1125 | - | arraigned under subdivision (1) of this subsection, provided the 925 | |
| 1126 | - | defendant was (A) twenty-one years of age or older at the time of such 926 | |
| 1127 | - | possession, use or other consumption, and (B) not in possession of 927 | |
| 1128 | - | more cannabis or cannabis product than such defendant's possession 928 | |
| 1129 | - | limit pursuant to section 2 of this act. 929 | |
| 1130 | - | (c) (1) Upon notification by the probation officer of the arrest of the 930 | |
| 1131 | - | defendant or upon an arrest by warrant as [herein] provided in this 931 | |
| 1132 | - | section, the court shall cause the defendant to be brought before it 932 | |
| 1133 | - | without unnecessary delay for a hearing on the violation charges, 933 | |
| 1134 | - | except as provided in subdivision (2) of this subsection. At such 934 | |
| 1135 | - | hearing the defendant shall be informed of the manner in which such 935 | |
| 1136 | - | defendant is alleged to have violated the conditions of such 936 | |
| 1137 | - | defendant's probation or conditional discharge, shall be advised by the 937 | |
| 1138 | - | court that such defendant has the right to retain counsel and, if 938 | |
| 1139 | - | indigent, shall be entitled to the services of the public defender, and 939 | |
| 1140 | - | shall have the right to cross-examine witnesses and to present evidence 940 | |
| 1141 | - | in such defendant's own behalf. Unless good cause is shown, a charge 941 | |
| 1142 | - | of violation of any of the conditions of probation or conditional 942 | |
| 1143 | - | discharge shall be disposed of or scheduled for a hearing not later than 943 | |
| 1144 | - | one hundred twenty days after the defendant is arraigned on such 944 | |
| 1145 | - | charge. 945 | |
| 1146 | - | (2) No violation of a condition of probation or conditional discharge 946 | |
| 1147 | - | that is based entirely on a defendant's possession, use or other 947 | |
| 1148 | - | consumption of cannabis or cannabis products, each as defined in 948 | |
| 1149 | - | section 1 of this act, may be the sole charge for which a defendant is 949 | |
| 1150 | - | brought before the court for a hearing under subdivision (1) of this 950 | |
| 1151 | - | subsection, provided the defendant was (A) twenty-one years of age or 951 | |
| 1152 | - | older at the time of such possession, use or other consumption, and (B) 952 | |
| 1153 | - | not in possession of more cannabis or cannabis product than such 953 | |
| 1154 | - | defendant's possession limit pursuant to section 2 of this act. 954 Substitute Bill No. 1085 | |
| 1155 | - | ||
| 1156 | - | ||
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| 1160 | - | ||
| 1161 | - | (d) (1) If such violation is established, the court may: [(1)] (A) 955 | |
| 1162 | - | Continue the sentence of probation or conditional discharge; [(2)] (B) 956 | |
| 1163 | - | modify or enlarge the conditions of probation or conditional discharge; 957 | |
| 1164 | - | [(3)] (C) extend the period of probation or conditional discharge, 958 | |
| 1165 | - | provided the original period with any extensions shall not exceed the 959 | |
| 1166 | - | periods authorized by section 53a-29; or [(4)] (D) revoke the sentence 960 | |
| 1167 | - | of probation or conditional discharge, except as provided in 961 | |
| 1168 | - | subdivision (2) of this subsection. If such sentence is revoked, the court 962 | |
| 1169 | - | shall require the defendant to serve the sentence imposed or impose 963 | |
| 1170 | - | any lesser sentence. Any such lesser sentence may include a term of 964 | |
| 1171 | - | imprisonment, all or a portion of which may be suspended entirely or 965 | |
| 1172 | - | after a period set by the court, followed by a period of probation with 966 | |
| 1173 | - | such conditions as the court may establish. No such revocation shall be 967 | |
| 1174 | - | ordered, except upon consideration of the whole record and unless 968 | |
| 1175 | - | such violation is established by the introduction of reliable and 969 | |
| 1176 | - | probative evidence and by a preponderance of the evidence. 970 | |
| 1177 | - | (2) No violation of a condition of probation or conditional discharge 971 | |
| 1178 | - | that is based entirely on a defendant's possession, use or other 972 | |
| 1179 | - | consumption of cannabis or cannabis products, each as defined in 973 | |
| 1180 | - | section 1 of this act, may be the sole violation for which a defendant's 974 | |
| 1181 | - | sentence of probation or conditional discharge is revoked under 975 | |
| 1182 | - | subdivision (1) of this subsection, provided the defendant was (A) 976 | |
| 1183 | - | twenty-one years of age or older at the time of such possession, use or 977 | |
| 1184 | - | other consumption, and (B) not in possession of more cannabis or 978 | |
| 1185 | - | cannabis product than such defendant's possession limit pursuant to 979 | |
| 1186 | - | section 2 of this act. 980 | |
| 1187 | - | Sec. 22. Section 54-64f of the general statutes is repealed and the 981 | |
| 1188 | - | following is substituted in lieu thereof (Effective October 1, 2019): 982 | |
| 1189 | - | (a) (1) Upon application by the prosecuting authority alleging that a 983 | |
| 1190 | - | defendant has violated the conditions of the defendant's release, except 984 | |
| 1191 | - | as provided in subdivision (2) of this subsection, the court may, if 985 | |
| 1192 | - | probable cause is found, order that the defendant appear in court for 986 | |
| 1193 | - | an evidentiary hearing upon such allegations. An order to appear shall 987 Substitute Bill No. 1085 | |
| 1194 | - | ||
| 1195 | - | ||
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| 1199 | - | ||
| 1200 | - | be served upon the defendant by any law enforcement officer 988 | |
| 1201 | - | delivering a copy to the defendant personally, or by leaving it at the 989 | |
| 1202 | - | defendant's usual place of abode with a person of suitable age and 990 | |
| 1203 | - | discretion then residing therein, or mailing it by registered or certified 991 | |
| 1204 | - | mail to the last-known address of the defendant. 992 | |
| 1205 | - | (2) No violation of a condition of the defendant's release that is 993 | |
| 1206 | - | based entirely on a defendant's possession, use or other consumption 994 | |
| 1207 | - | of cannabis or cannabis products, each as defined in section 1 of this 995 | |
| 1208 | - | act, may be the sole violation that a prosecuting authority alleges 996 | |
| 1209 | - | under subdivision (1) of this subsection, provided the defendant was 997 | |
| 1210 | - | (A) twenty-one years of age or older at the time of such possession, use 998 | |
| 1211 | - | or other consumption, and (B) not in possession of more cannabis or 999 | |
| 1212 | - | cannabis product than such defendant's possession limit pursuant to 1000 | |
| 1213 | - | section 2 of this act. 1001 | |
| 1214 | - | (b) If the court, after an evidentiary hearing at which hearsay or 1002 | |
| 1215 | - | secondary evidence shall be admissible, finds by clear and convincing 1003 | |
| 1216 | - | evidence that the defendant has violated reasonable conditions 1004 | |
| 1217 | - | imposed on the defendant's release it may impose different or 1005 | |
| 1218 | - | additional conditions upon the defendant's release. If the defendant is 1006 | |
| 1219 | - | on release with respect to an offense for which a term of imprisonment 1007 | |
| 1220 | - | of ten or more years may be imposed and the court, after an 1008 | |
| 1221 | - | evidentiary hearing at which hearsay or secondary evidence shall be 1009 | |
| 1222 | - | admissible, finds by clear and convincing evidence that the defendant 1010 | |
| 1223 | - | has violated reasonable conditions of the defendant's release and that 1011 | |
| 1224 | - | the safety of any other person is endangered while the defendant is on 1012 | |
| 1225 | - | release, it may revoke such release, provided the cause for revocation 1013 | |
| 1226 | - | is not based entirely on a violation that is based solely on a defendant's 1014 | |
| 1227 | - | possession, use or other consumption of cannabis or cannabis 1015 | |
| 1228 | - | products, each as defined in section 1 of this act, in a case where the 1016 | |
| 1229 | - | defendant was (1) twenty-one years of age or older at the time of such 1017 | |
| 1230 | - | possession, use or other consumption, and (2) not in possession of 1018 | |
| 1231 | - | more cannabis or cannabis product than such defendant's possession 1019 | |
| 1232 | - | limit pursuant to section 2 of this act. 1020 Substitute Bill No. 1085 | |
| 1233 | - | ||
| 1234 | - | ||
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| 1238 | - | ||
| 1239 | - | (c) If the defendant is on release with respect to an offense for which 1021 | |
| 1240 | - | a term of imprisonment of ten or more years may be imposed and the 1022 | |
| 1241 | - | court, after an evidentiary hearing at which hearsay or secondary 1023 | |
| 1242 | - | evidence shall be admissible, finds by clear and convincing evidence 1024 | |
| 1243 | - | that the safety of any other person is endangered while the defendant 1025 | |
| 1244 | - | is on release and that there is probable cause to believe that the 1026 | |
| 1245 | - | defendant has committed a federal, state or local crime while on 1027 | |
| 1246 | - | release, there shall be a rebuttable presumption that the defendant's 1028 | |
| 1247 | - | release should be revoked, provided the cause for revocation is not 1029 | |
| 1248 | - | based entirely on a violation that is based solely on a defendant's 1030 | |
| 1249 | - | possession, use or other consumption of cannabis or cannabis 1031 | |
| 1250 | - | products, each as defined in section 1 of this act, in a case where the 1032 | |
| 1251 | - | defendant was (1) twenty-one years of age or older at the time of such 1033 | |
| 1252 | - | possession, use or other consumption, and (2) not in possession of 1034 | |
| 1253 | - | more cannabis or cannabis product than such defendant's possession 1035 | |
| 1254 | - | limit pursuant to section 2 of this act. 1036 | |
| 1255 | - | (d) The revocation of a defendant's release pursuant to this section 1037 | |
| 1256 | - | shall cause any bond posted in the criminal proceeding to be 1038 | |
| 1257 | - | automatically terminated and the surety to be released. 1039 | |
| 1258 | - | Sec. 23. Section 54-126 of the general statutes is repealed and the 1040 | |
| 1259 | - | following is substituted in lieu thereof (Effective October 1, 2019): 1041 | |
| 1260 | - | (a) Said Board of Pardons and Paroles may establish such rules and 1042 | |
| 1261 | - | regulations as it deems necessary, upon which such convict may go 1043 | |
| 1262 | - | upon parole, and the panel for the particular case may establish special 1044 | |
| 1263 | - | provisions for the parole of a convict. The chairman of the board shall 1045 | |
| 1264 | - | enforce such rules, regulations and provisions and retake and 1046 | |
| 1265 | - | reimprison any convict upon parole, for any reason that such panel, or 1047 | |
| 1266 | - | the chairman with the approval of the panel, deems sufficient, except 1048 | |
| 1267 | - | as provided in subsection (b) of this section; and the chairman may 1049 | |
| 1268 | - | detain any convict or inmate pending approval by the panel of such 1050 | |
| 1269 | - | retaking or reimprisonment. 1051 | |
| 1270 | - | (b) A convict or inmate's possession, use or other consumption of 1052 Substitute Bill No. 1085 | |
| 1271 | - | ||
| 1272 | - | ||
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| 1276 | - | ||
| 1277 | - | cannabis or cannabis products, each as defined in section 1 of this act, 1053 | |
| 1278 | - | may not provide the sole reason deemed sufficient to permit the 1054 | |
| 1279 | - | chairman of the board to retake and reimprison a convict or inmate or 1055 | |
| 1280 | - | detain the convict or inmate pending such approval of such retaking or 1056 | |
| 1281 | - | reimprisonment, provided the convict or inmate was (1) twenty-one 1057 | |
| 1282 | - | years of age or older at the time of such possession, use or other 1058 | |
| 1283 | - | consumption, and (2) not in possession of more cannabis or cannabis 1059 | |
| 1284 | - | product than such defendant's possession limit pursuant to section 2 of 1060 | |
| 1285 | - | this act. 1061 | |
| 1286 | - | Sec. 24. Section 54-127 of the general statutes is repealed and the 1062 | |
| 1287 | - | following is substituted in lieu thereof (Effective October 1, 2019): 1063 | |
| 1288 | - | The request of the Commissioner of Correction or any officer of the 1064 | |
| 1289 | - | Department of Correction so designated by the commissioner, or of the 1065 | |
| 1290 | - | Board of Pardons and Paroles or its chairman shall be sufficient 1066 | |
| 1291 | - | warrant to authorize any officer of the Department of Correction or 1067 | |
| 1292 | - | any officer authorized by law to serve criminal process within this 1068 | |
| 1293 | - | state, to return any convict or inmate on parole into actual custody; 1069 | |
| 1294 | - | and any such officer, police officer, constable or state marshal shall 1070 | |
| 1295 | - | arrest and hold any parolee or inmate when so requested, without any 1071 | |
| 1296 | - | written warrant, provided the reason to return such convict or inmate 1072 | |
| 1297 | - | on parole into actual custody is not based solely on such convict or 1073 | |
| 1298 | - | inmate's possession, use or other consumption of cannabis or cannabis 1074 | |
| 1299 | - | products, each as defined in section 1 of this act, in the case of a convict 1075 | |
| 1300 | - | or inmate who was (1) twenty-one years of age or older at the time of 1076 | |
| 1301 | - | such possession, use or other consumption, and (2) not in possession of 1077 | |
| 1302 | - | more cannabis or cannabis product than such defendant's possession 1078 | |
| 1303 | - | limit pursuant to section 2 of this act. 1079 | |
| 1304 | - | Sec. 25. Section 54-127a of the general statutes is repealed and the 1080 | |
| 1305 | - | following is substituted in lieu thereof (Effective October 1, 2019): 1081 | |
| 1306 | - | All parole revocation and rescission hearings shall be conducted by 1082 | |
| 1307 | - | an employee of the Board of Pardons and Paroles. The parole of a 1083 | |
| 1308 | - | person who has been allowed to go on parole in accordance with 1084 Substitute Bill No. 1085 | |
| 1309 | - | ||
| 1310 | - | ||
| 1311 | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01085- | |
| 1312 | - | R01-SB.docx } | |
| 1313 | - | 36 of 37 | |
| 1314 | - | ||
| 1315 | - | subsection (a) of section 54-125a or section 54-125g, or who has been 1085 | |
| 1316 | - | sentenced to a period of special parole in accordance with subdivision 1086 | |
| 1317 | - | (9) of subsection (b) of section 53a-28, shall be revoked or rescinded if, 1087 | |
| 1318 | - | after such hearing, the employee recommends such revocation or 1088 | |
| 1319 | - | rescission and such recommendation is approved by at least two 1089 | |
| 1320 | - | members of a panel of the board, provided the reason for such 1090 | |
| 1321 | - | revocation or rescission is not based solely on such person's 1091 | |
| 1322 | - | possession, use or other consumption of cannabis or cannabis 1092 | |
| 1323 | - | products, each as defined in section 1 of this act, in the case of a person 1093 | |
| 1324 | - | who was (1) twenty-one years of age or older at the time of such 1094 | |
| 1325 | - | possession, use or other consumption, and (2) not in possession of 1095 | |
| 1326 | - | more cannabis or cannabis product than such defendant's possession 1096 | |
| 1327 | - | limit pursuant to section 2 of this act. 1097 | |
| 554 | + | with the superior court at the location in which such conviction was 454 | |
| 555 | + | effected, or with the superior court at the location having custody of 455 | |
| 556 | + | the records of such conviction or with the records center of the Judicial 456 | |
| 557 | + | Department if such conviction was in the Court of Common Pleas, 457 | |
| 558 | + | Circuit Court, municipal court or by a trial justice, for an order of 458 | |
| 559 | + | erasure. As part of such petition, such person shall include a copy of 459 | |
| 560 | + | the arrest record or an affidavit supporting such person's petition that 460 | |
| 561 | + | such person possessed one and one-half ounces or less of a cannabis-461 | |
| 562 | + | type substance for which such person was convicted. If such petition is 462 | |
| 563 | + | in order, the Superior Court or records center of the Judicial 463 | |
| 564 | + | Department shall direct all police and court records and records of the 464 | |
| 565 | + | state's or prosecuting attorney pertaining to such case to be physically 465 | |
| 566 | + | destroyed. No fee may be charged in any court with respect to any 466 | |
| 567 | + | petition under this subsection. 467 | |
| 1328 | 568 | This act shall take effect as follows and shall amend the following | |
| 1329 | 569 | sections: | |
| 1330 | 570 | ||
| 1331 | 571 | Section 1 July 1, 2019 New section | |
| 1332 | 572 | Sec. 2 July 1, 2019 New section | |
| 1333 | 573 | Sec. 3 July 1, 2019 New section | |
| 1334 | 574 | Sec. 4 July 1, 2019 New section | |
| 1335 | 575 | Sec. 5 July 1, 2019 New section | |
| 1336 | 576 | Sec. 6 July 1, 2019 New section | |
| 1337 | 577 | Sec. 7 July 1, 2019 New section | |
| 1338 | 578 | Sec. 8 July 1, 2019 19a-342(a) and (b) | |
| 1339 | - | Sec. 9 July 1, 2019 19a-342a | |
| 1340 | - | Sec. 10 October 1, 2019 7-148(c)(7) | |
| 1341 | - | Sec. 11 July 1, 2019 21a-277(b) | |
| 1342 | - | Sec. 12 July 1, 2019 21a-278(b) | |
| 1343 | - | Sec. 13 July 1, 2019 21a-279(a) | |
| 1344 | - | Sec. 14 July 1, 2019 21a-279a(a) | |
| 1345 | - | Sec. 15 July 1, 2019 30-86 | |
| 1346 | - | Sec. 16 July 1, 2019 30-88a | |
| 1347 | - | Sec. 17 July 1, 2019 30-89(a) | |
| 1348 | - | Sec. 18 July 1, 2019 30-89a | |
| 1349 | - | Sec. 19 October 1, 2019 54-142a | |
| 1350 | - | Sec. 20 July 1, 2019 54-142d | |
| 1351 | - | Sec. 21 October 1, 2019 53a-32 Substitute Bill No. 1085 | |
| 579 | + | Sec. 9 July 1, 2019 21a-277(b) | |
| 580 | + | Sec. 10 July 1, 2019 21a-278(b) | |
| 581 | + | Sec. 11 July 1, 2019 21a-279(a) | |
| 582 | + | Sec. 12 July 1, 2019 21a-279a(a) | |
| 583 | + | Sec. 13 July 1, 2019 30-86 | |
| 584 | + | Sec. 14 July 1, 2019 30-88a | |
| 585 | + | Sec. 15 July 1, 2019 30-89(a) | |
| 586 | + | Sec. 16 July 1, 2019 30-89a | |
| 587 | + | Sec. 17 July 1, 2019 54-142d | |
| 588 | + | Raised Bill No. 1085 | |
| 1352 | 589 | ||
| 1353 | 590 | ||
| 1354 | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01085- | |
| 1355 | - | R01-SB.docx } | |
| 1356 | - | 37 of 37 | |
| 1357 | 591 | ||
| 1358 | - | Sec. 22 October 1, 2019 54-64f | |
| 1359 | - | Sec. 23 October 1, 2019 54-126 | |
| 1360 | - | Sec. 24 October 1, 2019 54-127 | |
| 1361 | - | Sec. 25 October 1, 2019 54-127a | |
| 592 | + | LCO No. 6083 17 of 17 | |
| 1362 | 593 | ||
| 1363 | - | Statement of Legislative Commissioners: | |
| 1364 | - | In Section 1, the definition of "cannabis retailer" was divided into | |
| 1365 | - | subparagraphs for clarity and the definition of "dispense" was deleted | |
| 1366 | - | for accuracy, as the term is not used in sections 1 to 7, inclusive, of the | |
| 1367 | - | bill, in Section 9, the effective date was changed to conform with | |
| 1368 | - | Section 8, in Section 15(d), subdivisions (2) and (3) were reordered for | |
| 1369 | - | consistency, in Section 18, subsections (a) and (b) were merged for | |
| 1370 | - | clarity, and in Section 19 (b) and (d) and Section 20(a) "currently" was | |
| 1371 | - | deleted as unnecessary. | |
| 1372 | - | ||
| 1373 | - | JUD Joint Favorable Subst. | |
| 594 | + | Statement of Purpose: | |
| 595 | + | To legalize and regulate the recreational use of cannabis and to allow | |
| 596 | + | for erasure of criminal records for convictions based on the possession | |
| 597 | + | of small amounts of cannabis. | |
| 598 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, | |
| 599 | + | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is | |
| 600 | + | not underlined.] | |
| 1374 | 601 |