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General Assembly Raised Bill No. 6539
January Session, 2021
LCO No. 3943
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING CO MMERCIAL DRIVER'S LICENSE HOLDERS
AND PRETRIAL ALCOHOL EDUCATION PROGRAMS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (h) of section 54-56g of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2021): 3
(h) The provisions of this section shall not be applicable in the case of 4
any person charged with a violation of section 14-227a or 14-227m or 5
subdivision (1) or (2) of subsection (a) of section 14-227n (1) while 6
operating a commercial motor vehicle, as defined in section 14-1, or (2) 7
who holds a commercial driver's license or commercial driver's 8
instruction permit and is transporting in a passenger motor vehicle, as 9
defined in section 14-1, merchandise, freight or persons in connection 10
with any business enterprise at the time of the violation. 11
Sec. 2. Section 54-56p of the general statutes is repealed and the 12
following is substituted in lieu thereof (Effective October 1, 2021): 13
(a) The court may, in its discretion, invoke a program on motion of a 14 Raised Bill No. 6539
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defendant or on motion of a state's attorney or prosecuting attorney 15
with respect to a defendant who (1) was under twenty-one years of age 16
at the time of the offense, (2) is charged with a motor vehicle violation, 17
or a violation of section 30-88a, subsection (a) or (b) of section 30-89 or 18
section 30-89a, and (3) has not previously had such program invoked on 19
such person's behalf. 20
(b) This section shall not be applicable to any person (1) who, at the 21
time of the motor vehicle violation, holds a commercial driver's license 22
or commercial driver's instruction permit and is transporting in a 23
passenger motor vehicle, as defined in section 14-1, merchandise, freight 24
or persons in connection with any business enterprise, or is operating a 25
commercial motor vehicle, as defined in section 14-1, or (2) charged with 26
a motor vehicle violation causing serious injury or death, a motor 27
vehicle violation classified as a felony unless good cause is shown, or a 28
violation of section 14-227a, 14-227g or 14-296aa. 29
(c) The court shall refer such person to the Court Support Services 30
Division of the Judicial Branch for confirmation of eligibility of such 31
person. Such program shall provide a nonconfrontational forum for 32
such defendants to hear from victims who have been affected by 33
underage drinking, drunk driving, distracted driving or other motor 34
vehicle violations. Such program shall be approved by the Court 35
Support Services Division conducted by a nonprofit organization that 36
advocates on behalf of victims of accidents caused by persons who 37
operated a motor vehicle while under the influence of intoxicating 38
liquor or drugs or both. Such organization may assess a participation fee 39
of not more than fifty dollars on any defendant required by the court to 40
participate in such program. 41
(d) Such organization shall report whether the defendant 42
satisfactorily completed the program to the Court Support Services 43
Division. If the defendant satisfactorily completed the program, not 44
later than nine months after the date on which the program was invoked 45
pursuant to subsection (a) of this section, the charges against the 46
defendant shall be dismissed. If the defendant does not satisfactorily 47 Raised Bill No. 6539
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complete the program not later than nine months after the invocation of 48
such program, the charges against the defendant shall be reinstated. 49
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 54-56g(h)
Sec. 2 October 1, 2021 54-56p
Statement of Purpose:
To permit certain holders of commercial driver's licenses to participate
in a pretrial alcohol education program.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]