Connecticut 2019 Regular Session

Connecticut Senate Bill SB01086 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 1086
8	6		January Session, 2019
9	7		LCO No. 5971
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11	9
12	10		Referred to Committee on JUDICIARY
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14	12
15	13		Introduced by:
16	14		(JUD)
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20	19		AN ACT CONCERNING RE PEAT DRIVING UNDER THE INFLUENCE
21	20		OFFENDERS.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. Subsection (g) of section 14-227a of the general statutes is 1
26	25		repealed and the following is substituted in lieu thereof (Effective 2
27	26		October 1, 2019): 3
28	27		(g) Any person who violates any provision of subsection (a) of this 4
29	28		section shall: (1) For conviction of a first violation, (A) be fined not less 5
30	29		than five hundred dollars or more than one thousand dollars, and (B) 6
31	30		be (i) imprisoned not more than six months, forty-eight consecutive 7
32	31		hours of which may not be suspended or reduced in any manner, or 8
33	32		(ii) imprisoned not more than six months, with the execution of such 9
34	33		sentence of imprisonment suspended entirely and a period of 10
35	34		probation imposed requiring as a condition of such probation that 11
36	35		such person perform one hundred hours of community service, as 12
37	36		defined in section 14-227e, and (C) have such person's motor vehicle 13
38	37		operator's license or nonresident operating privilege suspended for 14
39		-	forty-five days and, as a condition for the restoration of such license, 15
40		-	be required to install an ignition interlock device on each motor vehicle 16 Raised Bill No. 1086
	38	+	forty-five days and, as a condition for the restoration of such license, 15 Raised Bill No. 1086
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	44	+	be required to install an ignition interlock device on each motor vehicle 16
47	45		owned or operated by such person and, upon such restoration, be 17
48	46		prohibited for the one-year period following such restoration from 18
49	47		operating a motor vehicle unless such motor vehicle is equipped with 19
50	48		a functioning, approved ignition interlock device, as defined in section 20
51	49		14-227j; (2) for conviction of a second violation within ten years after a 21
52	50		prior conviction for the same offense, (A) be fined not less than one 22
53	51		thousand dollars or more than four thousand dollars, (B) be 23
54	52		imprisoned not more than [two] three years, one hundred [twenty] 24
55	53		eighty consecutive days of which may not be suspended or reduced in 25
56	54		any manner, and sentenced to a period of probation requiring as a 26
57	55		condition of such probation that such person: (i) Perform one hundred 27
58	56		hours of community service, as defined in section 14-227e, (ii) submit 28
59	57		to an assessment through the Court Support Services Division of the 29
60	58		Judicial Branch of the degree of such person's alcohol or drug abuse, 30
61	59		and (iii) undergo a treatment program if so ordered, and (C) have such 31
62	60		person's motor vehicle operator's license or nonresident operating 32
63	61		privilege suspended for forty-five days and, as a condition for the 33
64	62		restoration of such license, be required to install an ignition interlock 34
65	63		device on each motor vehicle owned or operated by such person and, 35
66	64		upon such restoration, be prohibited for the three-year period 36
67	65		following such restoration from operating a motor vehicle unless such 37
68	66		motor vehicle is equipped with a functioning, approved ignition 38
69	67		interlock device, as defined in section 14-227j, except that for the first 39
70	68		year of such three-year period, such person's operation of a motor 40
71	69		vehicle shall be limited to such person's transportation to or from work 41
72	70		or school, an alcohol or drug abuse treatment program, an ignition 42
73	71		interlock device service center or an appointment with a probation 43
74	72		officer; and (3) for conviction of a third and subsequent violation 44
75	73		within ten years after a prior conviction for the same offense, (A) be 45
76	74		fined not less than two thousand dollars or more than eight thousand 46
77	75		dollars, (B) be imprisoned not more than [three] five years, [one year] 47
78	76		two years of which may not be suspended or reduced in any manner, 48
79	77		and sentenced to a period of probation requiring as a condition of such 49
80		-	probation that such person: (i) Perform one hundred hours of 50
81		-	community service, as defined in section 14-227e, (ii) submit to an 51 Raised Bill No. 1086
	78	+	probation that such person: (i) Perform one hundred hours of 50 Raised Bill No. 1086
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	84	+	community service, as defined in section 14-227e, (ii) submit to an 51
88	85		assessment through the Court Support Services Division of the Judicial 52
89	86		Branch of the degree of such person's alcohol or drug abuse, and (iii) 53
90	87		undergo a treatment program if so ordered, and (C) have such person's 54
91	88		motor vehicle operator's license or nonresident operating privilege 55
92	89		permanently revoked upon such third offense, except that if such 56
93	90		person's revocation is reversed or reduced pursuant to subsection (i) of 57
94	91		section 14-111, such person shall be prohibited from operating a motor 58
95	92		vehicle unless such motor vehicle is equipped with a functioning, 59
96	93		approved ignition interlock device, as defined in section 14-227j, for 60
97	94		the time period prescribed in subdivision (2) of subsection (i) of section 61
98	95		14-111. For purposes of the imposition of penalties for a second or 62
99	96		third and subsequent offense pursuant to this subsection, a conviction 63
100	97		under the provisions of subsection (a) of this section in effect on 64
101	98		October 1, 1981, or as amended thereafter, a conviction under the 65
102	99		provisions of either subdivision (1) or (2) of subsection (a) of this 66
103	100		section, a conviction under the provisions of section 14-227m, a 67
104	101		conviction under the provisions of subdivision (1) or (2) of subsection 68
105	102		(a) of section 14-227n, a conviction under the provisions of section 53a-69
106	103		56b or 53a-60d or a conviction in any other state of any offense the 70
107	104		essential elements of which are determined by the court to be 71
108	105		substantially the same as subdivision (1) or (2) of subsection (a) of this 72
109	106		section, section 14-227m, subdivision (1) or (2) of subsection (a) of 73
110	107		section 14-227n or section 53a-56b or 53a-60d, shall constitute a prior 74
111	108		conviction for the same offense. 75
112	109		This act shall take effect as follows and shall amend the following
113	110		sections:
114	111
115	112		Section 1 October 1, 2019 14-227a(g)
116	113
117		-	JUD Joint Favorable
	114	+	Statement of Purpose:
	115	+	To increase penalties imposed upon persons for repeat offenses of
	116	+	driving under the influence of intoxicating drugs or liquor. Raised Bill No. 1086
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	122	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	123	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	124	+	not underlined.]
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