| 19 | | - | Section 1. (Effective from passage) (a) As used in this section, "kratom" 1 |
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| 20 | | - | means the leaves of the tree species mitragyna speciosa in any form that 2 |
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| 21 | | - | may be inhaled, ingested or injected into the human body. 3 |
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| 22 | | - | (b) The Department of Public Health, in collaboration with the 4 |
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| 23 | | - | Department of Consumer Protection, the Department of Mental Health 5 |
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| 24 | | - | and Addiction Services and the Division of Criminal Justice, shall 6 |
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| 25 | | - | conduct a study of the use of kratom in this state. Such study shall 7 |
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| 26 | | - | include, but need not be limited to, (1) an estimation of (A) the total use 8 |
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| 27 | | - | of kratom across the population, (B) the number of persons under the 9 |
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| 28 | | - | age of twenty-one who are using or have used kratom, and (C) the rate 10 |
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| 29 | | - | of addiction to or dependency on kratom by persons who use kratom; 11 |
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| 30 | | - | (2) a description of the method of consumption or use of kratom, 12 |
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| 31 | | - | including the various ways in which kratom is being inhaled, ingested 13 |
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| 32 | | - | or injected, the form of such kratom when being consumed or used, and 14 |
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| 33 | | - | a breakdown by percentage of such consumption or use; (3) an 15 |
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| 34 | | - | examination and description of any bona fide medicinal or palliative 16 |
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| 35 | | - | uses for kratom; and (4) the feasibility and estimated efficacy of a 17 |
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| 36 | | - | prohibition on (A) the sale or possession of kratom on all persons, (B) 18 Substitute Bill No. 6539 |
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| 24 | + | Section 1. Subsection (h) of section 54-56g of the general statutes is 1 |
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| 25 | + | repealed and the following is substituted in lieu thereof (Effective October 2 |
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| 26 | + | 1, 2021): 3 |
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| 27 | + | (h) The provisions of this section shall not be applicable in the case of 4 |
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| 28 | + | any person charged with a violation of section 14-227a or 14-227m or 5 |
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| 29 | + | subdivision (1) or (2) of subsection (a) of section 14-227n (1) while 6 |
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| 30 | + | operating a commercial motor vehicle, as defined in section 14-1, or (2) 7 |
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| 31 | + | who holds a commercial driver's license or commercial driver's 8 |
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| 32 | + | instruction permit and is transporting in a passenger motor vehicle, as 9 |
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| 33 | + | defined in section 14-1, merchandise, freight or persons in connection 10 |
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| 34 | + | with any business enterprise at the time of the violation. 11 |
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| 35 | + | Sec. 2. Section 54-56p of the general statutes is repealed and the 12 |
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| 36 | + | following is substituted in lieu thereof (Effective October 1, 2021): 13 |
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| 37 | + | (a) The court may, in its discretion, invoke a program on motion of a 14 Raised Bill No. 6539 |
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| 43 | | - | the sale of kratom to persons under the age of twenty-one, and (C) the 19 |
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| 44 | | - | possession of kratom by persons under the age of twenty-one. 20 |
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| 45 | | - | (c) Not later than December 1, 2021, the Commissioner of Public 21 |
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| 46 | | - | Health shall submit a report on its findings and recommendations to the 22 |
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| 47 | | - | Division of Criminal Justice, the Office of the Chief Public Defender and 23 |
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| 48 | | - | the joint standing committees of the General Assembly having 24 |
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| 49 | | - | cognizance of matters relating to public health and the judiciary, in 25 |
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| 50 | | - | accordance with the provisions of section 11-4a of the general statutes. 26 |
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| 51 | | - | Sec. 2. (Effective from passage) Not later than February 1, 2022, the 27 |
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| 52 | | - | Division of Criminal Justice, in collaboration with the Office of the Chief 28 |
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| 53 | | - | Public Defender, shall submit recommendations concerning revisions to 29 |
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| 54 | | - | the general statutes relating to the civil and criminal penalties for the 30 |
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| 55 | | - | sale of kratom to persons under the age of twenty-one or the possession 31 |
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| 56 | | - | of kratom by persons under the age of twenty-one that would serve as 32 |
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| 57 | | - | a deterrent to such sale and possession of kratom, to the joint standing 33 |
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| 58 | | - | committees of the General Assembly having cognizance of matters 34 |
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| 59 | | - | relating to public health and the judiciary, in accordance with the 35 |
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| 60 | | - | provisions of section 11-4a of the general statutes. As used in this 36 |
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| 61 | | - | section, "kratom" has the same meaning as provided in section 1 of this 37 |
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| 62 | | - | act.38 |
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| 41 | + | LCO No. 3943 2 of 3 |
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| 42 | + | |
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| 43 | + | defendant or on motion of a state's attorney or prosecuting attorney 15 |
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| 44 | + | with respect to a defendant who (1) was under twenty-one years of age 16 |
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| 45 | + | at the time of the offense, (2) is charged with a motor vehicle violation, 17 |
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| 46 | + | or a violation of section 30-88a, subsection (a) or (b) of section 30-89 or 18 |
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| 47 | + | section 30-89a, and (3) has not previously had such program invoked on 19 |
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| 48 | + | such person's behalf. 20 |
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| 49 | + | (b) This section shall not be applicable to any person (1) who, at the 21 |
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| 50 | + | time of the motor vehicle violation, holds a commercial driver's license 22 |
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| 51 | + | or commercial driver's instruction permit and is transporting in a 23 |
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| 52 | + | passenger motor vehicle, as defined in section 14-1, merchandise, freight 24 |
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| 53 | + | or persons in connection with any business enterprise, or is operating a 25 |
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| 54 | + | commercial motor vehicle, as defined in section 14-1, or (2) charged with 26 |
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| 55 | + | a motor vehicle violation causing serious injury or death, a motor 27 |
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| 56 | + | vehicle violation classified as a felony unless good cause is shown, or a 28 |
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| 57 | + | violation of section 14-227a, 14-227g or 14-296aa. 29 |
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| 58 | + | (c) The court shall refer such person to the Court Support Services 30 |
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| 59 | + | Division of the Judicial Branch for confirmation of eligibility of such 31 |
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| 60 | + | person. Such program shall provide a nonconfrontational forum for 32 |
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| 61 | + | such defendants to hear from victims who have been affected by 33 |
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| 62 | + | underage drinking, drunk driving, distracted driving or other motor 34 |
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| 63 | + | vehicle violations. Such program shall be approved by the Court 35 |
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| 64 | + | Support Services Division conducted by a nonprofit organization that 36 |
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| 65 | + | advocates on behalf of victims of accidents caused by persons who 37 |
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| 66 | + | operated a motor vehicle while under the influence of intoxicating 38 |
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| 67 | + | liquor or drugs or both. Such organization may assess a participation fee 39 |
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| 68 | + | of not more than fifty dollars on any defendant required by the court to 40 |
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| 69 | + | participate in such program. 41 |
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| 70 | + | (d) Such organization shall report whether the defendant 42 |
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| 71 | + | satisfactorily completed the program to the Court Support Services 43 |
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| 72 | + | Division. If the defendant satisfactorily completed the program, not 44 |
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| 73 | + | later than nine months after the date on which the program was invoked 45 |
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| 74 | + | pursuant to subsection (a) of this section, the charges against the 46 |
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| 75 | + | defendant shall be dismissed. If the defendant does not satisfactorily 47 Raised Bill No. 6539 |
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| 76 | + | |
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| 77 | + | |
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| 78 | + | |
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| 79 | + | LCO No. 3943 3 of 3 |
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| 80 | + | |
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| 81 | + | complete the program not later than nine months after the invocation of 48 |
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| 82 | + | such program, the charges against the defendant shall be reinstated. 49 |
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