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General Assembly Raised Bill No. 1086
January Session, 2019
LCO No. 5971
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING REPEAT DR IVING UNDER THE INFLUENCE
OFFENDERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (g) of section 14-227a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2019): 3
(g) Any person who violates any provision of subsection (a) of this 4
section shall: (1) For conviction of a first violation, (A) be fined not less 5
than five hundred dollars or more than one thousand dollars, and (B) 6
be (i) imprisoned not more than six months, forty-eight consecutive 7
hours of which may not be suspended or reduced in any manner, or 8
(ii) imprisoned not more than six months, with the execution of such 9
sentence of imprisonment suspended entirely and a period of 10
probation imposed requiring as a condition of such probation that 11
such person perform one hundred hours of community service, as 12
defined in section 14-227e, and (C) have such person's motor vehicle 13
operator's license or nonresident operating privilege suspended for 14
forty-five days and, as a condition for the restoration of such license, 15
be required to install an ignition interlock device on each motor vehicle 16 Raised Bill No. 1086
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owned or operated by such person and, upon such restoration, be 17
prohibited for the one-year period following such restoration from 18
operating a motor vehicle unless such motor vehicle is equipped with 19
a functioning, approved ignition interlock device, as defined in section 20
14-227j; (2) for conviction of a second violation within ten years after a 21
prior conviction for the same offense, (A) be fined not less than one 22
thousand dollars or more than four thousand dollars, (B) be 23
imprisoned not more than [two] three years, one hundred [twenty] 24
eighty consecutive days of which may not be suspended or reduced in 25
any manner, and sentenced to a period of probation requiring as a 26
condition of such probation that such person: (i) Perform one hundred 27
hours of community service, as defined in section 14-227e, (ii) submit 28
to an assessment through the Court Support Services Division of the 29
Judicial Branch of the degree of such person's alcohol or drug abuse, 30
and (iii) undergo a treatment program if so ordered, and (C) have such 31
person's motor vehicle operator's license or nonresident operating 32
privilege suspended for forty-five days and, as a condition for the 33
restoration of such license, be required to install an ignition interlock 34
device on each motor vehicle owned or operated by such person and, 35
upon such restoration, be prohibited for the three-year period 36
following such restoration from operating a motor vehicle unless such 37
motor vehicle is equipped with a functioning, approved ignition 38
interlock device, as defined in section 14-227j, except that for the first 39
year of such three-year period, such person's operation of a motor 40
vehicle shall be limited to such person's transportation to or from work 41
or school, an alcohol or drug abuse treatment program, an ignition 42
interlock device service center or an appointment with a probation 43
officer; and (3) for conviction of a third and subsequent violation 44
within ten years after a prior conviction for the same offense, (A) be 45
fined not less than two thousand dollars or more than eight thousand 46
dollars, (B) be imprisoned not more than [three] five years, [one year] 47
two years of which may not be suspended or reduced in any manner, 48
and sentenced to a period of probation requiring as a condition of such 49
probation that such person: (i) Perform one hundred hours of 50
community service, as defined in section 14-227e, (ii) submit to an 51 Raised Bill No. 1086
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assessment through the Court Support Services Division of the Judicial 52
Branch of the degree of such person's alcohol or drug abuse, and (iii) 53
undergo a treatment program if so ordered, and (C) have such person's 54
motor vehicle operator's license or nonresident operating privilege 55
permanently revoked upon such third offense, except that if such 56
person's revocation is reversed or reduced pursuant to subsection (i) of 57
section 14-111, such person shall be prohibited from operating a motor 58
vehicle unless such motor vehicle is equipped with a functioning, 59
approved ignition interlock device, as defined in section 14-227j, for 60
the time period prescribed in subdivision (2) of subsection (i) of section 61
14-111. For purposes of the imposition of penalties for a second or 62
third and subsequent offense pursuant to this subsection, a conviction 63
under the provisions of subsection (a) of this section in effect on 64
October 1, 1981, or as amended thereafter, a conviction under the 65
provisions of either subdivision (1) or (2) of subsection (a) of this 66
section, a conviction under the provisions of section 14-227m, a 67
conviction under the provisions of subdivision (1) or (2) of subsection 68
(a) of section 14-227n, a conviction under the provisions of section 53a-69
56b or 53a-60d or a conviction in any other state of any offense the 70
essential elements of which are determined by the court to be 71
substantially the same as subdivision (1) or (2) of subsection (a) of this 72
section, section 14-227m, subdivision (1) or (2) of subsection (a) of 73
section 14-227n or section 53a-56b or 53a-60d, shall constitute a prior 74
conviction for the same offense. 75
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 14-227a(g)
JUD Joint Favorable