| Old | New | Differences | |
|---|---|---|---|
| 1 | + | ||
| 2 | + | ||
| 3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594-R02- | |
| 4 | + | HB.docx | |
| 5 | + | 1 of 43 | |
| 6 | + | ||
| 7 | + | General Assembly Substitute Bill No. 6594 | |
| 8 | + | January Session, 2021 | |
| 1 | 9 | ||
| 2 | 10 | ||
| 3 | 11 | ||
| 4 | - | Substitute House Bill No. 6594 | |
| 5 | - | ||
| 6 | - | Public Act No. 21-102 | |
| 7 | 12 | ||
| 8 | 13 | ||
| 9 | 14 | AN ACT CONCERNING TH E CRIMINAL JUSTICE PROCESS. | |
| 10 | 15 | Be it enacted by the Senate and House of Representatives in General | |
| 11 | 16 | Assembly convened: | |
| 12 | 17 | ||
| 13 | - | Section 1. Subsection (a) of section 54-86 of the general statutes is | |
| 14 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 15 | - | 1, 2021): | |
| 16 | - | (a) In any case involving an offense for which the punishment may | |
| 17 | - | be imprisonment for more than one year, the Superior Court or a judge | |
| 18 | - | thereof may, upon the application of the accused, or of the state in the | |
| 19 | - | case of a witness who is infirm and seventy-five years of age or older, | |
| 20 | - | order that the deposition of a witness shall be taken before a | |
| 21 | - | commissioner, judge or magistrate, to be designated by the court or | |
| 22 | - | judge, if it appears that his or her testimony will be required at trial and | |
| 23 | - | that, by reason of bodily infirmity, age or residence out of this state, he | |
| 24 | - | or she will be unable to testify at trial. | |
| 25 | - | Sec. 2. Section 53a-83 of the general statutes is repealed and the | |
| 26 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 27 | - | (a) A person is guilty of [patronizing a prostitute] soliciting sexual | |
| 28 | - | acts when: (1) Pursuant to a prior understanding, such person pays a fee | |
| 29 | - | to another person as compensation for such person or a third person Substitute House Bill No. 6594 | |
| 18 | + | Section 1. Subsection (a) of section 54-86 of the general statutes is 1 | |
| 19 | + | repealed and the following is substituted in lieu thereof (Effective October 2 | |
| 20 | + | 1, 2021): 3 | |
| 21 | + | (a) In any case involving an offense for which the punishment may 4 | |
| 22 | + | be imprisonment for more than one year, the Superior Court or a judge 5 | |
| 23 | + | thereof may, upon the application of the accused, or of the state in the 6 | |
| 24 | + | case of a witness who is infirm and seventy-five years of age or older, 7 | |
| 25 | + | order that the deposition of a witness shall be taken before a 8 | |
| 26 | + | commissioner, judge or magistrate, to be designated by the court or 9 | |
| 27 | + | judge, if it appears that his or her testimony will be required at trial and 10 | |
| 28 | + | that, by reason of bodily infirmity, age or residence out of this state, he 11 | |
| 29 | + | or she will be unable to testify at trial. 12 | |
| 30 | + | Sec. 2. Section 53a-83 of the general statutes is repealed and the 13 | |
| 31 | + | following is substituted in lieu thereof (Effective October 1, 2021): 14 | |
| 32 | + | (a) A person is guilty of [patronizing a prostitute] soliciting sexual 15 | |
| 33 | + | acts when: (1) Pursuant to a prior understanding, such person pays a fee 16 | |
| 34 | + | to another person as compensation for such person or a third person 17 | |
| 35 | + | having engaged in sexual conduct with such person; (2) such person 18 Substitute Bill No. 6594 | |
| 30 | 36 | ||
| 31 | - | Public Act No. 21-102 2 of 44 | |
| 32 | 37 | ||
| 33 | - | having engaged in sexual conduct with such person; (2) such person | |
| 34 | - | pays or agrees to pay a fee to another person pursuant to an | |
| 35 | - | understanding that in return for such fee such other person or a third | |
| 36 | - | person will engage in sexual conduct with such person; or (3) such | |
| 37 | - | person solicits or requests another person to engage in sexual conduct | |
| 38 | - | with such person in return for a fee. | |
| 39 | - | (b) [Patronizing a prostitute] Soliciting sexual acts is a class A | |
| 40 | - | misdemeanor and any person found guilty shall be fined two thousand | |
| 41 | - | dollars. | |
| 42 | - | Sec. 3. Section 53a-84 of the general statutes is repealed and the | |
| 43 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 44 | - | (a) In any prosecution for prostitution in violation of section 53a-82 | |
| 45 | - | or [patronizing a prostitute] soliciting sexual acts in violation of section | |
| 46 | - | 53a-83, as amended by this act, the sex of the two parties or prospective | |
| 47 | - | parties to the sexual conduct engaged in, contemplated or solicited is | |
| 48 | - | immaterial, and it shall be no defense that: (1) Such persons were of the | |
| 49 | - | same sex; or (2) the person who received, agreed to receive or solicited | |
| 50 | - | a fee was a male and the person who paid or agreed or offered to pay | |
| 51 | - | such fee was a female. | |
| 52 | - | (b) In any prosecution for [patronizing a prostitute] soliciting sexual | |
| 53 | - | acts in violation of section 53a-83, as amended by this act, promoting | |
| 54 | - | prostitution in violation of section 53a-86, 53a-87 or 53a-88 or permitting | |
| 55 | - | prostitution in violation of section 53a-89, it shall be no defense that the | |
| 56 | - | person engaging or agreeing to engage in sexual conduct with another | |
| 57 | - | person in return for a fee could not be prosecuted for a violation of | |
| 58 | - | section 53a-82 on account of such person's age. | |
| 59 | - | Sec. 4. Section 7-22 of the general statutes is repealed and the | |
| 60 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 61 | - | Whenever complaint in writing is made to the [state's attorney for Substitute House Bill No. 6594 | |
| 38 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 39 | + | R02-HB.docx } | |
| 40 | + | 2 of 43 | |
| 62 | 41 | ||
| 63 | - | Public Act No. 21-102 3 of 44 | |
| 42 | + | pays or agrees to pay a fee to another person pursuant to an 19 | |
| 43 | + | understanding that in return for such fee such other person or a third 20 | |
| 44 | + | person will engage in sexual conduct with such person; or (3) such 21 | |
| 45 | + | person solicits or requests another person to engage in sexual conduct 22 | |
| 46 | + | with such person in return for a fee. 23 | |
| 47 | + | (b) [Patronizing a prostitute] Soliciting sexual acts is a class A 24 | |
| 48 | + | misdemeanor and any person found guilty shall be fined two thousand 25 | |
| 49 | + | dollars. 26 | |
| 50 | + | Sec. 3. Section 53a-84 of the general statutes is repealed and the 27 | |
| 51 | + | following is substituted in lieu thereof (Effective October 1, 2021): 28 | |
| 52 | + | (a) In any prosecution for prostitution in violation of section 53a-82 29 | |
| 53 | + | or [patronizing a prostitute] soliciting sexual acts in violation of section 30 | |
| 54 | + | 53a-83, as amended by this act, the sex of the two parties or prospective 31 | |
| 55 | + | parties to the sexual conduct engaged in, contemplated or solicited is 32 | |
| 56 | + | immaterial, and it shall be no defense that: (1) Such persons were of the 33 | |
| 57 | + | same sex; or (2) the person who received, agreed to receive or solicited 34 | |
| 58 | + | a fee was a male and the person who paid or agreed or offered to pay 35 | |
| 59 | + | such fee was a female. 36 | |
| 60 | + | (b) In any prosecution for [patronizing a prostitute] soliciting sexual 37 | |
| 61 | + | acts in violation of section 53a-83, as amended by this act, promoting 38 | |
| 62 | + | prostitution in violation of section 53a-86, 53a-87 or 53a-88 or permitting 39 | |
| 63 | + | prostitution in violation of section 53a-89, it shall be no defense that the 40 | |
| 64 | + | person engaging or agreeing to engage in sexual conduct with another 41 | |
| 65 | + | person in return for a fee could not be prosecuted for a violation of 42 | |
| 66 | + | section 53a-82 on account of such person's age. 43 | |
| 67 | + | Sec. 4. Section 7-22 of the general statutes is repealed and the 44 | |
| 68 | + | following is substituted in lieu thereof (Effective October 1, 2021): 45 | |
| 69 | + | Whenever complaint in writing is made to the [state's attorney for 46 | |
| 70 | + | any judicial district] Attorney General that the town clerk of any town 47 | |
| 71 | + | [in such judicial district] is guilty of misconduct, wilful and material 48 | |
| 72 | + | neglect of duty or incompetence in the conduct of such town clerk's 49 Substitute Bill No. 6594 | |
| 64 | 73 | ||
| 65 | - | any judicial district] Attorney General that the town clerk of any town | |
| 66 | - | [in such judicial district] is guilty of misconduct, wilful and material | |
| 67 | - | neglect of duty or incompetence in the conduct of such town clerk's | |
| 68 | - | office, [such state's attorney] the Attorney General shall make such | |
| 69 | - | investigation of the charges as [such state's attorney] the Attorney | |
| 70 | - | General deems proper and shall, if [such state's attorney] the Attorney | |
| 71 | - | General is of the opinion that the evidence obtained warrants such | |
| 72 | - | action, prepare a statement in writing of the charges against such town | |
| 73 | - | clerk, together with a citation in the name of the state, commanding such | |
| 74 | - | town clerk to appear before a judge of the Superior Court at a date | |
| 75 | - | named in the citation and show cause, if any, why such town clerk | |
| 76 | - | should not be removed from office as provided in this section. [Such | |
| 77 | - | state's attorney] The Attorney General shall cause a copy of such | |
| 78 | - | statement and citation to be served by some proper officer upon the | |
| 79 | - | defendant town clerk at least ten days before the date of appearance | |
| 80 | - | named in such citation, and the original statement and citation, with the | |
| 81 | - | return of the officer thereon, shall be returned to the clerk of the superior | |
| 82 | - | court for the judicial district within which such town is situated. To | |
| 83 | - | carry into effect the proceedings authorized by this section, the [state's | |
| 84 | - | attorney of any judicial district] Attorney General shall have power to | |
| 85 | - | summon witnesses, require the production of necessary books, papers | |
| 86 | - | and other documents and administer oaths to witnesses; and upon the | |
| 87 | - | date named in such citation for the appearance of such town clerk, or | |
| 88 | - | upon any adjourned date fixed by the judge before whom such | |
| 89 | - | proceedings are pending, the [state's attorney] Attorney General shall | |
| 90 | - | appear and conduct the hearing on behalf of the state. If, after a full | |
| 91 | - | hearing of all the evidence offered by the [state's attorney] Attorney | |
| 92 | - | General and by and on behalf of the defendant, such judge is of the | |
| 93 | - | opinion that the evidence presented warrants the removal of such town | |
| 94 | - | clerk from office, the judge shall cause to be prepared a written order to | |
| 95 | - | that effect, which order shall be signed by the judge and lodged with the | |
| 96 | - | clerk of the superior court for the judicial district in which such | |
| 97 | - | defendant resides. Such clerk of the superior court shall cause a certified Substitute House Bill No. 6594 | |
| 98 | 74 | ||
| 99 | - | Public Act No. 21-102 4 of 44 | |
| 75 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 76 | + | R02-HB.docx } | |
| 77 | + | 3 of 43 | |
| 100 | 78 | ||
| 101 | - | copy of such order to be served forthwith upon such town clerk, and | |
| 102 | - | upon such service the office held by such town clerk shall become vacant | |
| 103 | - | and the vacancy thereby created shall be filled at once in the manner | |
| 104 | - | provided in section 9-220. Any witnesses summoned and any officer | |
| 105 | - | making service under the provisions of this section shall be allowed and | |
| 106 | - | paid by the state the same fees as are allowed by law in criminal | |
| 107 | - | prosecutions. | |
| 108 | - | Sec. 5. Section 7-81 of the general statutes is repealed and the | |
| 109 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 110 | - | Whenever complaint in writing is made to the [state's attorney for | |
| 111 | - | any judicial district] Attorney General that the town treasurer of any | |
| 112 | - | town [in such judicial district] is guilty of misconduct, wilful and | |
| 113 | - | material neglect of duty or incompetence in the conduct of such town | |
| 114 | - | treasurer's office, [such state's attorney] the Attorney General shall make | |
| 115 | - | such investigation of the charges as [such state's attorney] the Attorney | |
| 116 | - | General deems proper, and shall, if [such state's attorney] the Attorney | |
| 117 | - | General is of the opinion that the evidence obtained warrants such | |
| 118 | - | action, prepare a statement in writing of the charges against such town | |
| 119 | - | treasurer, together with a citation in the name of the state, commanding | |
| 120 | - | such town treasurer to appear before a judge of the Superior Court at a | |
| 121 | - | date named in the citation and show cause, if any, why such town | |
| 122 | - | treasurer should not be removed from office as provided in this section. | |
| 123 | - | [Such state's attorney] The Attorney General shall cause a copy of such | |
| 124 | - | statement and citation to be served, by some proper officer, upon the | |
| 125 | - | defendant town treasurer at least ten days before the date of appearance | |
| 126 | - | named in such citation, and the original statement and citation, with the | |
| 127 | - | return of the officer thereon, shall be returned to the clerk of the superior | |
| 128 | - | court for the judicial district within which such town is situated. To | |
| 129 | - | carry into effect the proceedings authorized by this section, the [state's | |
| 130 | - | attorney of any judicial district] Attorney General shall have power to | |
| 131 | - | summon witnesses, require the production of necessary books, papers Substitute House Bill No. 6594 | |
| 79 | + | office, [such state's attorney] the Attorney General shall make such 50 | |
| 80 | + | investigation of the charges as [such state's attorney] the Attorney 51 | |
| 81 | + | General deems proper and shall, if [such state's attorney] the Attorney 52 | |
| 82 | + | General is of the opinion that the evidence obtained warrants such 53 | |
| 83 | + | action, prepare a statement in writing of the charges against such town 54 | |
| 84 | + | clerk, together with a citation in the name of the state, commanding such 55 | |
| 85 | + | town clerk to appear before a judge of the Superior Court at a date 56 | |
| 86 | + | named in the citation and show cause, if any, why such town clerk 57 | |
| 87 | + | should not be removed from office as provided in this section. [Such 58 | |
| 88 | + | state's attorney] The Attorney General shall cause a copy of such 59 | |
| 89 | + | statement and citation to be served by some proper officer upon the 60 | |
| 90 | + | defendant town clerk at least ten days before the date of appearance 61 | |
| 91 | + | named in such citation, and the original statement and citation, with the 62 | |
| 92 | + | return of the officer thereon, shall be returned to the clerk of the superior 63 | |
| 93 | + | court for the judicial district within which such town is situated. To 64 | |
| 94 | + | carry into effect the proceedings authorized by this section, the [state's 65 | |
| 95 | + | attorney of any judicial district] Attorney General shall have power to 66 | |
| 96 | + | summon witnesses, require the production of necessary books, papers 67 | |
| 97 | + | and other documents and administer oaths to witnesses; and upon the 68 | |
| 98 | + | date named in such citation for the appearance of such town clerk, or 69 | |
| 99 | + | upon any adjourned date fixed by the judge before whom such 70 | |
| 100 | + | proceedings are pending, the [state's attorney] Attorney General shall 71 | |
| 101 | + | appear and conduct the hearing on behalf of the state. If, after a full 72 | |
| 102 | + | hearing of all the evidence offered by the [state's attorney] Attorney 73 | |
| 103 | + | General and by and on behalf of the defendant, such judge is of the 74 | |
| 104 | + | opinion that the evidence presented warrants the removal of such town 75 | |
| 105 | + | clerk from office, the judge shall cause to be prepared a written order to 76 | |
| 106 | + | that effect, which order shall be signed by the judge and lodged with the 77 | |
| 107 | + | clerk of the superior court for the judicial district in which such 78 | |
| 108 | + | defendant resides. Such clerk of the superior court shall cause a certified 79 | |
| 109 | + | copy of such order to be served forthwith upon such town clerk, and 80 | |
| 110 | + | upon such service the office held by such town clerk shall become vacant 81 | |
| 111 | + | and the vacancy thereby created shall be filled at once in the manner 82 | |
| 112 | + | provided in section 9-220. Any witnesses summoned and any officer 83 | |
| 113 | + | making service under the provisions of this section shall be allowed and 84 Substitute Bill No. 6594 | |
| 132 | 114 | ||
| 133 | - | Public Act No. 21-102 5 of 44 | |
| 134 | 115 | ||
| 135 | - | and other documents and administer oaths to witnesses; and, upon the | |
| 136 | - | date named in such citation for the appearance of such town treasurer, | |
| 137 | - | or upon any adjourned date fixed by the judge before whom such | |
| 138 | - | proceedings are pending, [such state's attorney] the Attorney General | |
| 139 | - | shall appear and conduct the hearing on behalf of the state. If, after a full | |
| 140 | - | hearing of all the evidence offered by the [state's attorney] Attorney | |
| 141 | - | General and by and on behalf of such defendant, such judge is of the | |
| 142 | - | opinion that the evidence presented warrants the removal of such town | |
| 143 | - | treasurer from office, the judge shall cause to be prepared a written | |
| 144 | - | order to that effect, which order shall be signed by the judge and lodged | |
| 145 | - | with the clerk of the superior court for the judicial district in which such | |
| 146 | - | defendant resides. Such clerk of the superior court shall cause a certified | |
| 147 | - | copy of such order to be served forthwith upon such town treasurer, | |
| 148 | - | and upon such service the office held by such town treasurer shall | |
| 149 | - | become vacant and the vacancy thereby created shall be filled at once in | |
| 150 | - | the manner provided in section 9-220. Any witnesses summoned and | |
| 151 | - | any officer making service under the provisions of this section shall be | |
| 152 | - | allowed and paid by the state the same fees as are allowed by law in | |
| 153 | - | criminal prosecutions. | |
| 154 | - | Sec. 6. Subsection (f) of section 1-110a of the general statutes is | |
| 155 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 156 | - | 1, 2021): | |
| 157 | - | (f) In all criminal proceedings in state [or federal] court in which the | |
| 158 | - | defendant is a public official or a state or municipal employee who is | |
| 159 | - | charged with a crime related to state or municipal office, the [Attorney | |
| 160 | - | General] state prosecutor shall notify the [prosecutor of the existence of] | |
| 161 | - | Attorney General of such proceedings and the Attorney General shall | |
| 162 | - | pursue remedies under the pension revocation statute, [and] including | |
| 163 | - | the possibility that any fine, restitution or other monetary order made | |
| 164 | - | by the court [may] be paid from such official's or employee's pension. | |
| 165 | - | Sec. 7. Section 53a-290 of the general statutes is repealed and the Substitute House Bill No. 6594 | |
| 116 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 117 | + | R02-HB.docx } | |
| 118 | + | 4 of 43 | |
| 166 | 119 | ||
| 167 | - | Public Act No. 21-102 6 of 44 | |
| 120 | + | paid by the state the same fees as are allowed by law in criminal 85 | |
| 121 | + | prosecutions. 86 | |
| 122 | + | Sec. 5. Section 7-81 of the general statutes is repealed and the 87 | |
| 123 | + | following is substituted in lieu thereof (Effective October 1, 2021): 88 | |
| 124 | + | Whenever complaint in writing is made to the [state's attorney for 89 | |
| 125 | + | any judicial district] Attorney General that the town treasurer of any 90 | |
| 126 | + | town [in such judicial district] is guilty of misconduct, wilful and 91 | |
| 127 | + | material neglect of duty or incompetence in the conduct of such town 92 | |
| 128 | + | treasurer's office, [such state's attorney] the Attorney General shall make 93 | |
| 129 | + | such investigation of the charges as [such state's attorney] the Attorney 94 | |
| 130 | + | General deems proper, and shall, if [such state's attorney] the Attorney 95 | |
| 131 | + | General is of the opinion that the evidence obtained warrants such 96 | |
| 132 | + | action, prepare a statement in writing of the charges against such town 97 | |
| 133 | + | treasurer, together with a citation in the name of the state, commanding 98 | |
| 134 | + | such town treasurer to appear before a judge of the Superior Court at a 99 | |
| 135 | + | date named in the citation and show cause, if any, why such town 100 | |
| 136 | + | treasurer should not be removed from office as provided in this section. 101 | |
| 137 | + | [Such state's attorney] The Attorney General shall cause a copy of such 102 | |
| 138 | + | statement and citation to be served, by some proper officer, upon the 103 | |
| 139 | + | defendant town treasurer at least ten days before the date of appearance 104 | |
| 140 | + | named in such citation, and the original statement and citation, with the 105 | |
| 141 | + | return of the officer thereon, shall be returned to the clerk of the superior 106 | |
| 142 | + | court for the judicial district within which such town is situated. To 107 | |
| 143 | + | carry into effect the proceedings authorized by this section, the [state's 108 | |
| 144 | + | attorney of any judicial district] Attorney General shall have power to 109 | |
| 145 | + | summon witnesses, require the production of necessary books, papers 110 | |
| 146 | + | and other documents and administer oaths to witnesses; and, upon the 111 | |
| 147 | + | date named in such citation for the appearance of such town treasurer, 112 | |
| 148 | + | or upon any adjourned date fixed by the judge before whom such 113 | |
| 149 | + | proceedings are pending, [such state's attorney] the Attorney General 114 | |
| 150 | + | shall appear and conduct the hearing on behalf of the state. If, after a full 115 | |
| 151 | + | hearing of all the evidence offered by the [state's attorney] Attorney 116 | |
| 152 | + | General and by and on behalf of such defendant, such judge is of the 117 Substitute Bill No. 6594 | |
| 168 | 153 | ||
| 169 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 170 | - | A person commits vendor fraud when, with intent to defraud and | |
| 171 | - | acting on such person's own behalf or on behalf of an entity, such person | |
| 172 | - | provides goods or services to a beneficiary under sections 17b-22, 17b- | |
| 173 | - | 75 to 17b-77, inclusive, 17b-79 to 17b-103, inclusive, 17b-180a, 17b-183, | |
| 174 | - | 17b-260 to 17b-262, inclusive, 17b-264 to 17b-285, inclusive, 17b-357 to | |
| 175 | - | 17b-361, inclusive, 17b-600 to 17b-604, inclusive, 17b-749, 17b-807 and | |
| 176 | - | 17b-808 or provides services to a recipient under Title XIX of the Social | |
| 177 | - | Security Act, as amended, and, (1) presents for payment any false claim | |
| 178 | - | for goods or services performed; (2) accepts payment for goods or | |
| 179 | - | services performed, which exceeds either the amounts due for goods or | |
| 180 | - | services performed, or the amounts authorized by law for the cost of | |
| 181 | - | such goods or services; (3) solicits to perform services for or sell goods | |
| 182 | - | to any such beneficiary, knowing that such beneficiary is not in need of | |
| 183 | - | such goods or services; (4) sells goods to or performs services for any | |
| 184 | - | such beneficiary without prior authorization by the Department of | |
| 185 | - | Social Services, when prior authorization is required by said department | |
| 186 | - | for the buying of such goods or the performance of any service; [or] (5) | |
| 187 | - | accepts from any person or source other than the state an additional | |
| 188 | - | compensation in excess of the amount authorized by law; or (6) having | |
| 189 | - | knowledge of the occurrence of any event affecting (A) his or her initial | |
| 190 | - | or continued right to any such benefit or payment, or (B) the initial or | |
| 191 | - | continued right to any such benefit or payment of any other individual | |
| 192 | - | in whose behalf he or she has applied for or is receiving such benefit or | |
| 193 | - | payment, conceals or fails to disclose such event with an intent to | |
| 194 | - | fraudulently secure such benefit or payment either in a greater amount | |
| 195 | - | or quantity than is due or when no such benefit or payment is | |
| 196 | - | authorized. | |
| 197 | - | Sec. 8. Section 53a-181f of the general statutes is repealed and the | |
| 198 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 199 | - | (a) A person is guilty of electronic stalking when such person, Substitute House Bill No. 6594 | |
| 200 | 154 | ||
| 201 | - | Public Act No. 21-102 7 of 44 | |
| 155 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 156 | + | R02-HB.docx } | |
| 157 | + | 5 of 43 | |
| 202 | 158 | ||
| 203 | - | [recklessly causes another person to reasonably fear for his or her | |
| 204 | - | physical safety by wilfully and repeatedly using a global positioning | |
| 205 | - | system or similar electronic monitoring system to remotely determine | |
| 206 | - | or track the position or movement of such other person] with the intent | |
| 207 | - | to kill, injure, harass or intimidate, uses any interactive computer service | |
| 208 | - | or electronic communication service, electronic communication system | |
| 209 | - | or electronic monitoring system to place another person under | |
| 210 | - | surveillance or otherwise to engage in a course of conduct that: (1) | |
| 211 | - | Places such other person in reasonable fear of the death of or serious | |
| 212 | - | bodily injury to (A) such person, (B) an immediate family member of | |
| 213 | - | such person, or (C) an intimate partner of such person; or (2) causes, | |
| 214 | - | attempts to cause or would be reasonably expected to cause substantial | |
| 215 | - | emotional distress to a person described in subparagraph (A), (B) or (C) | |
| 216 | - | of subdivision (1) of this subsection. | |
| 217 | - | (b) For purposes of subsection (a) of this section, (1) "immediate | |
| 218 | - | family member" means (A) a spouse, parent, brother or sister or a child | |
| 219 | - | of the person or person to whom the person stands in loco parentis, or | |
| 220 | - | (B) any person living in the household and related to the person by | |
| 221 | - | blood or marriage, and (2) "intimate partner" means a (A) former | |
| 222 | - | spouse, (B) person who has a child in common with the person | |
| 223 | - | regardless of whether they are or have been married or are living or | |
| 224 | - | have lived together at any time, or (C) person in, or who has recently | |
| 225 | - | been in, a dating relationship with the person. | |
| 226 | - | [(b)] (c) Electronic stalking is a class [B misdemeanor] D felony. | |
| 227 | - | Sec. 9. Section 53a-189c of the general statutes is repealed and the | |
| 228 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 229 | - | (a) A person is guilty of unlawful dissemination of an intimate image | |
| 230 | - | when (1) such person intentionally disseminates by electronic or other | |
| 231 | - | means a photograph, film, videotape or other recorded image of (A) the | |
| 232 | - | genitals, pubic area or buttocks of another person with less than a fully Substitute House Bill No. 6594 | |
| 159 | + | opinion that the evidence presented warrants the removal of such town 118 | |
| 160 | + | treasurer from office, the judge shall cause to be prepared a written 119 | |
| 161 | + | order to that effect, which order shall be signed by the judge and lodged 120 | |
| 162 | + | with the clerk of the superior court for the judicial district in which such 121 | |
| 163 | + | defendant resides. Such clerk of the superior court shall cause a certified 122 | |
| 164 | + | copy of such order to be served forthwith upon such town treasurer, 123 | |
| 165 | + | and upon such service the office held by such town treasurer shall 124 | |
| 166 | + | become vacant and the vacancy thereby created shall be filled at once in 125 | |
| 167 | + | the manner provided in section 9-220. Any witnesses summoned and 126 | |
| 168 | + | any officer making service under the provisions of this section shall be 127 | |
| 169 | + | allowed and paid by the state the same fees as are allowed by law in 128 | |
| 170 | + | criminal prosecutions. 129 | |
| 171 | + | Sec. 6. Section 51-279b of the general statutes is repealed and the 130 | |
| 172 | + | following is substituted in lieu thereof (Effective October 1, 2021): 131 | |
| 173 | + | [(a)] The Chief State's Attorney shall establish a racketeering and 132 | |
| 174 | + | continuing criminal activities unit within the Division of Criminal 133 | |
| 175 | + | Justice. Such unit shall be available for the investigation and prosecution 134 | |
| 176 | + | of criminal matters including, but not limited to, the illegal purchase and 135 | |
| 177 | + | sale of controlled substances, criminal activity by gangs, fraud, 136 | |
| 178 | + | corruption, illegal gambling and the recruitment of persons to carry out 137 | |
| 179 | + | such illegal activities. 138 | |
| 180 | + | [(b) The Chief State's Attorney shall establish a bond forfeiture unit 139 | |
| 181 | + | within the Division of Criminal Justice. Such unit shall be responsible 140 | |
| 182 | + | for the collection, in the name of the state, and by suit when necessary, 141 | |
| 183 | + | of all forfeited bonds payable to the state. Such unit may compromise 142 | |
| 184 | + | and settle forfeited bonds for less than the amount thereof without 143 | |
| 185 | + | regard to the expiration of any stay of forfeiture. 144 | |
| 186 | + | (c) The Chief State's Attorney shall develop uniform standards for the 145 | |
| 187 | + | compromise and settlement of forfeited bonds. Such standards shall be 146 | |
| 188 | + | applied on a state-wide basis.] 147 | |
| 189 | + | Sec. 7. Section 54-72 of the general statutes is repealed and the 148 Substitute Bill No. 6594 | |
| 233 | 190 | ||
| 234 | - | Public Act No. 21-102 8 of 44 | |
| 235 | 191 | ||
| 236 | - | opaque covering of such body part, or the breast of such other person | |
| 237 | - | who is female with less than a fully opaque covering of any portion of | |
| 238 | - | such breast below the top of the nipple, or (B) another person engaged | |
| 239 | - | in sexual intercourse, as defined in section 53a-193, (2) such person | |
| 240 | - | disseminates such image without the consent of such other person, | |
| 241 | - | knowing that such other person understood that the image would not | |
| 242 | - | be so disseminated, and (3) such other person suffers harm as a result of | |
| 243 | - | such dissemination. For purposes of this subsection, "disseminate" | |
| 244 | - | means to sell, give, provide, lend, trade, mail, deliver, transfer, publish, | |
| 245 | - | distribute, circulate, present, exhibit, advertise or otherwise offer, and | |
| 246 | - | "harm" includes, but is not limited to, subjecting such other person to | |
| 247 | - | hatred, contempt, ridicule, physical injury, financial injury, | |
| 248 | - | psychological harm or serious emotional distress. | |
| 249 | - | (b) The provisions of subsection (a) of this subsection shall not apply | |
| 250 | - | to: | |
| 251 | - | (1) Any image described in subsection (a) of this section of such other | |
| 252 | - | person if such image resulted from voluntary exposure or engagement | |
| 253 | - | in sexual intercourse by such other person, in a public place, as defined | |
| 254 | - | in section 53a-181, or in a commercial setting; | |
| 255 | - | (2) Any image described in subsection (a) of this section of such other | |
| 256 | - | person, if such other person is not clearly identifiable, unless other | |
| 257 | - | personally identifying information is associated with or accompanies | |
| 258 | - | the image; or | |
| 259 | - | (3) Any image described in subsection (a) of this section of such other | |
| 260 | - | person, if the dissemination of such image serves the public interest. | |
| 261 | - | (c) Unlawful dissemination of an intimate image [is a class A | |
| 262 | - | misdemeanor] to (1) a person by any means is a class A misdemeanor, | |
| 263 | - | and (2) more than one person by means of an interactive computer | |
| 264 | - | service, as defined in 47 USC 230, an information service, as defined in Substitute House Bill No. 6594 | |
| 192 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 193 | + | R02-HB.docx } | |
| 194 | + | 6 of 43 | |
| 265 | 195 | ||
| 266 | - | Public Act No. 21-102 9 of 44 | |
| 196 | + | following is substituted in lieu thereof (Effective October 1, 2021): 149 | |
| 197 | + | All fines, forfeitures and penalties, unless otherwise expressly 150 | |
| 198 | + | disposed of by law, if imposed on any person by the Superior Court, 151 | |
| 199 | + | shall belong to the state. When a fine, penalty or forfeiture is imposed 152 | |
| 200 | + | by any statute as a punishment for any offense, and any part thereof is 153 | |
| 201 | + | given to the person aggrieved or to him who sues therefor and the other 154 | |
| 202 | + | part to the state, all proper informing officers shall make presentment of 155 | |
| 203 | + | such offense to the court having cognizance thereof; and the whole of 156 | |
| 204 | + | such fine, penalty or forfeiture shall in such case belong to the state. 157 | |
| 205 | + | Whenever any corporation has incurred a penalty or forfeiture or is 158 | |
| 206 | + | liable to a fine, the [state's attorney in the judicial district wherein such 159 | |
| 207 | + | corporation is located or has its principal place of business in this state] 160 | |
| 208 | + | Attorney General may bring a civil action under the provisions of this 161 | |
| 209 | + | section, in the name of the state, to recover such penalty, forfeiture or 162 | |
| 210 | + | fine. The court shall render judgment, under the limitations of law, for 163 | |
| 211 | + | the recovery of such penalty, forfeiture or fine, and issue execution 164 | |
| 212 | + | therefor. 165 | |
| 213 | + | Sec. 8. Section 54-73 of the general statutes is repealed and the 166 | |
| 214 | + | following is substituted in lieu thereof (Effective October 1, 2021): 167 | |
| 215 | + | The [state's attorney in the judicial district in which any forfeiture to 168 | |
| 216 | + | the state accrues] Attorney General shall collect and pay [it] to the State 169 | |
| 217 | + | Treasurer any forfeiture that accrues to the state; and, if in the opinion 170 | |
| 218 | + | of the court the plaintiff is an improper person to collect [it] the 171 | |
| 219 | + | forfeiture, a separate execution may be issued in favor of the state. 172 | |
| 220 | + | Sec. 9. Subsection (f) of section 1-110a of the general statutes is 173 | |
| 221 | + | repealed and the following is substituted in lieu thereof (Effective October 174 | |
| 222 | + | 1, 2021): 175 | |
| 223 | + | (f) In all criminal proceedings in state [or federal] court in which the 176 | |
| 224 | + | defendant is a public official or a state or municipal employee who is 177 | |
| 225 | + | charged with a crime related to state or municipal office, the [Attorney 178 | |
| 226 | + | General] state prosecutor shall notify the [prosecutor of the existence of] 179 Substitute Bill No. 6594 | |
| 267 | 227 | ||
| 268 | - | 47 USC 153, or a telecommunications service, as defined in section 16- | |
| 269 | - | 247a, is a class D felony. | |
| 270 | - | (d) Nothing in this section shall be construed to impose liability on | |
| 271 | - | the provider of an interactive computer service, as defined in 47 USC | |
| 272 | - | 230, an information service, as defined in 47 USC 153, or a | |
| 273 | - | telecommunications service, as defined in section 16-247a, for content | |
| 274 | - | provided by another person. | |
| 275 | - | Sec. 10. Subsections (f) and (g) of section 53a-40 of the general statutes | |
| 276 | - | are repealed and the following is substituted in lieu thereof (Effective | |
| 277 | - | October 1, 2021): | |
| 278 | - | (f) A persistent offender for possession of a controlled substance is a | |
| 279 | - | person who (1) stands convicted of possession of a controlled substance | |
| 280 | - | in violation of the provisions of section 21a-279, as amended by this act, | |
| 281 | - | and (2) has been, at separate times prior to the commission of the present | |
| 282 | - | possession of a controlled substance, twice convicted of the crime of | |
| 283 | - | possession of a controlled substance during the ten years prior to the | |
| 284 | - | commission of the present violation of section 21a-279, as amended by | |
| 285 | - | this act. | |
| 286 | - | (g) A persistent felony offender is a person who (1) stands convicted | |
| 287 | - | of a felony other than a class D or E felony, and (2) has been, at separate | |
| 288 | - | times prior to the commission of the present felony, twice convicted of | |
| 289 | - | a felony other than a class D or E felony, if such felonies were committed | |
| 290 | - | during the ten years prior to the commission of the present felony. | |
| 291 | - | Sec. 11. Subsection (b) of section 53a-39c of the general statutes is | |
| 292 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 293 | - | 1, 2021): | |
| 294 | - | (b) Any person who enters such program shall pay to the court a | |
| 295 | - | participation fee of two hundred five dollars, except that no person may | |
| 296 | - | be excluded from such program for inability to pay such fee, provided Substitute House Bill No. 6594 | |
| 297 | 228 | ||
| 298 | - | Public Act No. 21-102 10 of 44 | |
| 229 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 230 | + | R02-HB.docx } | |
| 231 | + | 7 of 43 | |
| 299 | 232 | ||
| 300 | - | (1) such person files with the court an affidavit of indigency or inability | |
| 301 | - | to pay [, (2)] such indigency is confirmed by the Court Support Services | |
| 302 | - | Division [,] and [(3)] the court enters a finding thereof, or (2) the person | |
| 303 | - | has been determined indigent and eligible for representation by a public | |
| 304 | - | defender who has been appointed on behalf of such person pursuant to | |
| 305 | - | section 51-296. The court shall not require a person to perform | |
| 306 | - | community service in lieu of payment of such fee, if such fee is waived. | |
| 307 | - | All program fees collected under this subsection shall be deposited into | |
| 308 | - | the alternative incarceration program account. | |
| 309 | - | Sec. 12. Section 54-56e of the general statutes is repealed and the | |
| 310 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 311 | - | (a) There shall be a pretrial program for accelerated rehabilitation of | |
| 312 | - | persons accused of a crime or crimes or a motor vehicle violation or | |
| 313 | - | violations for which a sentence to a term of imprisonment may be | |
| 314 | - | imposed, which crimes or violations are not of a serious nature. Upon | |
| 315 | - | application by any such person for participation in the program, the | |
| 316 | - | court shall, but only as to the public, order the court file sealed. | |
| 317 | - | (b) The court may, in its discretion, invoke such program on motion | |
| 318 | - | of the defendant or on motion of a state's attorney or prosecuting | |
| 319 | - | attorney with respect to a defendant (1) who, the court believes, will | |
| 320 | - | probably not offend in the future, (2) who has no previous record of | |
| 321 | - | conviction of a crime or of a violation of section 14-196, subsection (c) of | |
| 322 | - | section 14-215, section 14-222a, subsection (a) or subdivision (1) of | |
| 323 | - | subsection (b) of section 14-224, section 14-227a or 14-227m or | |
| 324 | - | subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who | |
| 325 | - | states under oath, in open court or before any person designated by the | |
| 326 | - | clerk and duly authorized to administer oaths, under the penalties of | |
| 327 | - | perjury, (A) that the defendant has never had such program invoked on | |
| 328 | - | the defendant's behalf or that the defendant was charged with a | |
| 329 | - | misdemeanor or a motor vehicle violation for which a term of | |
| 330 | - | imprisonment of one year or less may be imposed and ten or more years Substitute House Bill No. 6594 | |
| 233 | + | Attorney General of such proceedings and the Attorney General shall 180 | |
| 234 | + | pursue remedies under the pension revocation statute, [and] including 181 | |
| 235 | + | the possibility that any fine, restitution or other monetary order made 182 | |
| 236 | + | by the court [may] be paid from such official's or employee's pension. 183 | |
| 237 | + | Sec. 10. Section 53a-290 of the general statutes is repealed and the 184 | |
| 238 | + | following is substituted in lieu thereof (Effective October 1, 2021): 185 | |
| 239 | + | A person commits vendor fraud when, with intent to defraud and 186 | |
| 240 | + | acting on such person's own behalf or on behalf of an entity, such person 187 | |
| 241 | + | provides goods or services to a beneficiary under sections 17b-22, 17b-188 | |
| 242 | + | 75 to 17b-77, inclusive, 17b-79 to 17b-103, inclusive, 17b-180a, 17b-183, 189 | |
| 243 | + | 17b-260 to 17b-262, inclusive, 17b-264 to 17b-285, inclusive, 17b-357 to 190 | |
| 244 | + | 17b-361, inclusive, 17b-600 to 17b-604, inclusive, 17b-749, 17b-807 and 191 | |
| 245 | + | 17b-808 or provides services to a recipient under Title XIX of the Social 192 | |
| 246 | + | Security Act, as amended, and, (1) presents for payment any false claim 193 | |
| 247 | + | for goods or services performed; (2) accepts payment for goods or 194 | |
| 248 | + | services performed, which exceeds either the amounts due for goods or 195 | |
| 249 | + | services performed, or the amounts authorized by law for the cost of 196 | |
| 250 | + | such goods or services; (3) solicits to perform services for or sell goods 197 | |
| 251 | + | to any such beneficiary, knowing that such beneficiary is not in need of 198 | |
| 252 | + | such goods or services; (4) sells goods to or performs services for any 199 | |
| 253 | + | such beneficiary without prior authorization by the Department of 200 | |
| 254 | + | Social Services, when prior authorization is required by said department 201 | |
| 255 | + | for the buying of such goods or the performance of any service; [or] (5) 202 | |
| 256 | + | accepts from any person or source other than the state an additional 203 | |
| 257 | + | compensation in excess of the amount authorized by law; or (6) having 204 | |
| 258 | + | knowledge of the occurrence of any event affecting (A) his or her initial 205 | |
| 259 | + | or continued right to any such benefit or payment, or (B) the initial or 206 | |
| 260 | + | continued right to any such benefit or payment of any other individual 207 | |
| 261 | + | in whose behalf he or she has applied for or is receiving such benefit or 208 | |
| 262 | + | payment, conceals or fails to disclose such event with an intent to 209 | |
| 263 | + | fraudulently secure such benefit or payment either in a greater amount 210 | |
| 264 | + | or quantity than is due or when no such benefit or payment is 211 | |
| 265 | + | authorized. 212 Substitute Bill No. 6594 | |
| 331 | 266 | ||
| 332 | - | Public Act No. 21-102 11 of 44 | |
| 333 | 267 | ||
| 334 | - | have passed since the date that any charge or charges for which the | |
| 335 | - | program was invoked on the defendant's behalf were dismissed by the | |
| 336 | - | court, or (B) with respect to a defendant who is a veteran, that the | |
| 337 | - | defendant has not had such program invoked in the defendant's behalf | |
| 338 | - | more than once previously, provided the defendant shall agree thereto | |
| 339 | - | and provided notice has been given by the defendant, on a form | |
| 340 | - | prescribed by the Office of the Chief Court Administrator, to the victim | |
| 341 | - | or victims of such crime or motor vehicle violation, if any, by registered | |
| 342 | - | or certified mail and such victim or victims have an opportunity to be | |
| 343 | - | heard thereon. Any defendant who makes application for participation | |
| 344 | - | in such program shall pay to the court an application fee of thirty-five | |
| 345 | - | dollars, except as provided in subsection (g) of this section. No | |
| 346 | - | defendant shall be allowed to participate in the pretrial program for | |
| 347 | - | accelerated rehabilitation more than two times. For the purposes of this | |
| 348 | - | section, "veteran" means any person who was discharged or released | |
| 349 | - | under conditions other than dishonorable from active service in the | |
| 350 | - | armed forces as defined in section 27-103. | |
| 351 | - | (c) This section shall not be applicable: (1) To any person charged | |
| 352 | - | with (A) a class A felony, (B) a class B felony, except a violation of | |
| 353 | - | subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does | |
| 354 | - | not involve the use, attempted use or threatened use of physical force | |
| 355 | - | against another person, or a violation of subdivision (4) of subsection (a) | |
| 356 | - | of section 53a-122 that does not involve the use, attempted use or | |
| 357 | - | threatened use of physical force against another person and does not | |
| 358 | - | involve a violation by a person who is a public official, as defined in | |
| 359 | - | section 1-110, or a state or municipal employee, as defined in section 1- | |
| 360 | - | 110, or (C) a violation of section 53a-70b of the general statutes, revision | |
| 361 | - | of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, | |
| 362 | - | subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) | |
| 363 | - | of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a- | |
| 364 | - | 70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a- | |
| 365 | - | 72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged Substitute House Bill No. 6594 | |
| 268 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 269 | + | R02-HB.docx } | |
| 270 | + | 8 of 43 | |
| 366 | 271 | ||
| 367 | - | Public Act No. 21-102 12 of 44 | |
| 272 | + | Sec. 11. Section 53a-181f of the general statutes is repealed and the 213 | |
| 273 | + | following is substituted in lieu thereof (Effective October 1, 2021): 214 | |
| 274 | + | (a) A person is guilty of electronic stalking when such person 215 | |
| 275 | + | [recklessly causes another person to reasonably fear for his or her 216 | |
| 276 | + | physical safety by wilfully and repeatedly using a global positioning 217 | |
| 277 | + | system or similar electronic monitoring system to remotely determine 218 | |
| 278 | + | or track the position or movement of such other person] with the intent 219 | |
| 279 | + | to kill, injure, harass or intimidate, places under surveillance another 220 | |
| 280 | + | person or otherwise uses any interactive computer service or electronic 221 | |
| 281 | + | communication service, electronic communication system or electronic 222 | |
| 282 | + | monitoring system to engage in a course of conduct that: (1) Places such 223 | |
| 283 | + | other person in reasonable fear of the death of or serious bodily injury 224 | |
| 284 | + | to (A) such person, (B) an immediate family member of such person, or 225 | |
| 285 | + | (C) an intimate partner of such person; or (2) causes, attempts to cause 226 | |
| 286 | + | or would be reasonably expected to cause substantial emotional distress 227 | |
| 287 | + | to a person described in subparagraph (A), (B) or (C) of subdivision (1) 228 | |
| 288 | + | of this subsection. 229 | |
| 289 | + | (b) Electronic stalking is a class [B misdemeanor] D felony. 230 | |
| 290 | + | Sec. 12. Section 53a-189c of the general statutes is repealed and the 231 | |
| 291 | + | following is substituted in lieu thereof (Effective October 1, 2021): 232 | |
| 292 | + | (a) A person is guilty of unlawful dissemination of an intimate image 233 | |
| 293 | + | when (1) such person intentionally disseminates by electronic or other 234 | |
| 294 | + | means a photograph, film, videotape or other recorded image of (A) the 235 | |
| 295 | + | genitals, pubic area or buttocks of another person with less than a fully 236 | |
| 296 | + | opaque covering of such body part, or the breast of such other person 237 | |
| 297 | + | who is female with less than a fully opaque covering of any portion of 238 | |
| 298 | + | such breast below the top of the nipple, or (B) another person engaged 239 | |
| 299 | + | in sexual intercourse, as defined in section 53a-193, (2) such person 240 | |
| 300 | + | disseminates such image without the consent of such other person, 241 | |
| 301 | + | knowing that such other person understood that the image would not 242 | |
| 302 | + | be so disseminated, and (3) such other person suffers harm as a result of 243 | |
| 303 | + | such dissemination. For purposes of this subsection, "disseminate" 244 Substitute Bill No. 6594 | |
| 368 | 304 | ||
| 369 | - | with a crime or motor vehicle violation who, as a result of the | |
| 370 | - | commission of such crime or motor vehicle violation, causes the death | |
| 371 | - | of another person, (3) to any person accused of a family violence crime | |
| 372 | - | as defined in section 46b-38a who (A) is eligible for the pretrial family | |
| 373 | - | violence education program established under section 46b-38c, as | |
| 374 | - | amended by this act, or (B) has previously had the pretrial family | |
| 375 | - | violence education program invoked in such person's behalf, (4) to any | |
| 376 | - | person charged with a violation of section 21a-267, as amended by this | |
| 377 | - | act, or 21a-279, as amended by this act, who (A) is eligible for the pretrial | |
| 378 | - | drug education and community service program established under | |
| 379 | - | section 54-56i, as amended by this act, or (B) has previously had the | |
| 380 | - | pretrial drug education program or the pretrial drug education and | |
| 381 | - | community service program invoked on such person's behalf, (5) unless | |
| 382 | - | good cause is shown, to (A) any person charged with a class C felony, | |
| 383 | - | or (B) any person charged with committing a violation of subdivision | |
| 384 | - | (1) of subsection (a) of section 53a-71 while such person was less than | |
| 385 | - | four years older than the other person, (6) to any person charged with a | |
| 386 | - | violation of section 9-359 or 9-359a, (7) to any person charged with a | |
| 387 | - | motor vehicle violation (A) while operating a commercial motor vehicle, | |
| 388 | - | as defined in section 14-1, or (B) who holds a commercial driver's license | |
| 389 | - | or commercial driver's instruction permit at the time of the violation, (8) | |
| 390 | - | to any person charged with a violation of subdivision (6) of subsection | |
| 391 | - | (a) of section 53a-60, or (9) to a health care provider or vendor | |
| 392 | - | participating in the state's Medicaid program charged with a violation | |
| 393 | - | of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123. | |
| 394 | - | (d) Except as provided in subsection [(e)] (g) of this section, any | |
| 395 | - | defendant who enters such program shall pay to the court a | |
| 396 | - | participation fee of one hundred dollars. Any defendant who enters | |
| 397 | - | such program shall agree to the tolling of any statute of limitations with | |
| 398 | - | respect to such crime and to a waiver of the right to a speedy trial. Any | |
| 399 | - | such defendant shall appear in court and shall, under such conditions | |
| 400 | - | as the court shall order, be released to the custody of the Court Support Substitute House Bill No. 6594 | |
| 401 | 305 | ||
| 402 | - | Public Act No. 21-102 13 of 44 | |
| 306 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 307 | + | R02-HB.docx } | |
| 308 | + | 9 of 43 | |
| 403 | 309 | ||
| 404 | - | Services Division, except that, if a criminal docket for drug-dependent | |
| 405 | - | persons has been established pursuant to section 51-181b in the judicial | |
| 406 | - | district, such defendant may be transferred, under such conditions as | |
| 407 | - | the court shall order, to the court handling such docket for supervision | |
| 408 | - | by such court. If the defendant refuses to accept, or, having accepted, | |
| 409 | - | violates such conditions, the defendant's case shall be brought to trial. | |
| 410 | - | The period of such probation or supervision, or both, shall not exceed | |
| 411 | - | two years. If the defendant has reached the age of sixteen years but has | |
| 412 | - | not reached the age of eighteen years, the court may order that as a | |
| 413 | - | condition of such probation the defendant be referred for services to a | |
| 414 | - | youth service bureau established pursuant to section 10-19m, provided | |
| 415 | - | the court finds, through an assessment by a youth service bureau or its | |
| 416 | - | designee, that the defendant is in need of and likely to benefit from such | |
| 417 | - | services. When determining any conditions of probation to order for a | |
| 418 | - | person entering such program who was charged with a misdemeanor | |
| 419 | - | that did not involve the use, attempted use or threatened use of physical | |
| 420 | - | force against another person or a motor vehicle violation, the court shall | |
| 421 | - | consider ordering the person to perform community service in the | |
| 422 | - | community in which the offense or violation occurred. If the court | |
| 423 | - | determines that community service is appropriate, such community | |
| 424 | - | service may be implemented by a community court established in | |
| 425 | - | accordance with section 51-181c if the offense or violation occurred | |
| 426 | - | within the jurisdiction of a community court established by said section. | |
| 427 | - | If the defendant is charged with a violation of section 46a-58, 53-37a, | |
| 428 | - | 53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of | |
| 429 | - | such probation the defendant participate in a hate crimes diversion | |
| 430 | - | program as provided in subsection (e) of this section. If a defendant is | |
| 431 | - | charged with a violation of section 53-247, the court may order that as a | |
| 432 | - | condition of such probation the defendant undergo psychiatric or | |
| 433 | - | psychological counseling or participate in an animal cruelty prevention | |
| 434 | - | and education program provided such a program exists and is available | |
| 435 | - | to the defendant. Substitute House Bill No. 6594 | |
| 310 | + | means to sell, give, provide, lend, trade, mail, deliver, transfer, publish, 245 | |
| 311 | + | distribute, circulate, present, exhibit, advertise or otherwise offer, and 246 | |
| 312 | + | "harm" includes, but is not limited to, subjecting such other person to 247 | |
| 313 | + | hatred, contempt, ridicule, physical injury, financial injury, 248 | |
| 314 | + | psychological harm or serious emotional distress. 249 | |
| 315 | + | (b) The provisions of subsection (a) of this subsection shall not apply 250 | |
| 316 | + | to: 251 | |
| 317 | + | (1) Any image described in subsection (a) of this section of such other 252 | |
| 318 | + | person if such image resulted from voluntary exposure or engagement 253 | |
| 319 | + | in sexual intercourse by such other person, in a public place, as defined 254 | |
| 320 | + | in section 53a-181, or in a commercial setting; 255 | |
| 321 | + | (2) Any image described in subsection (a) of this section of such other 256 | |
| 322 | + | person, if such other person is not clearly identifiable, unless other 257 | |
| 323 | + | personally identifying information is associated with or accompanies 258 | |
| 324 | + | the image; or 259 | |
| 325 | + | (3) Any image described in subsection (a) of this section of such other 260 | |
| 326 | + | person, if the dissemination of such image serves the public interest. 261 | |
| 327 | + | (c) Unlawful dissemination of an intimate image [is a class A 262 | |
| 328 | + | misdemeanor] to (1) a person by any means is a class A misdemeanor, 263 | |
| 329 | + | and (2) more than one person by means of an interactive computer 264 | |
| 330 | + | service, as defined in 47 USC 230, an information service, as defined in 265 | |
| 331 | + | 47 USC 153, or a telecommunications service, as defined in section 16-266 | |
| 332 | + | 247a, is a class D felony. 267 | |
| 333 | + | (d) Nothing in this section shall be construed to impose liability on 268 | |
| 334 | + | the provider of an interactive computer service, as defined in 47 USC 269 | |
| 335 | + | 230, an information service, as defined in 47 USC 153, or a 270 | |
| 336 | + | telecommunications service, as defined in section 16-247a, for content 271 | |
| 337 | + | provided by another person. 272 | |
| 338 | + | Sec. 13. Subsections (f) and (g) of section 53a-40 of the general statutes 273 | |
| 339 | + | are repealed and the following is substituted in lieu thereof (Effective 274 Substitute Bill No. 6594 | |
| 436 | 340 | ||
| 437 | - | Public Act No. 21-102 14 of 44 | |
| 438 | 341 | ||
| 439 | - | (e) If the court orders the defendant to participate in a hate crimes | |
| 440 | - | diversion program as a condition of probation, the defendant shall pay | |
| 441 | - | to the court a participation fee of four hundred twenty-five dollars, | |
| 442 | - | except as provided in subsection (g) of this section. [No person may be | |
| 443 | - | excluded from such program for inability to pay such fee, provided (1) | |
| 444 | - | such person files with the court an affidavit of indigency or inability to | |
| 445 | - | pay, (2) such indigency or inability to pay is confirmed by the Court | |
| 446 | - | Support Services Division, and (3) the court enters a finding thereof.] | |
| 447 | - | The Judicial Department shall contract with service providers, develop | |
| 448 | - | standards and oversee appropriate hate crimes diversion programs to | |
| 449 | - | meet the requirements of this section. Any defendant whose | |
| 450 | - | employment or residence makes it unreasonable to attend a hate crimes | |
| 451 | - | diversion program in this state may attend a program in another state | |
| 452 | - | which has standards substantially similar to, or higher than, those of this | |
| 453 | - | state, subject to the approval of the court and payment of the application | |
| 454 | - | and program fees as provided in this section. The hate crimes diversion | |
| 455 | - | program shall consist of an educational program and supervised | |
| 456 | - | community service. | |
| 457 | - | (f) If a defendant released to the custody of the Court Support | |
| 458 | - | Services Division satisfactorily completes such defendant's period of | |
| 459 | - | probation, such defendant may apply for dismissal of the charges | |
| 460 | - | against such defendant and the court, on finding such satisfactory | |
| 461 | - | completion, shall dismiss such charges. If the defendant does not apply | |
| 462 | - | for dismissal of the charges against such defendant after satisfactorily | |
| 463 | - | completing such defendant's period of probation, the court, upon | |
| 464 | - | receipt of a report submitted by the Court Support Services Division that | |
| 465 | - | the defendant satisfactorily completed such defendant's period of | |
| 466 | - | probation, may on its own motion make a finding of such satisfactory | |
| 467 | - | completion and dismiss such charges. If a defendant transferred to the | |
| 468 | - | court handling the criminal docket for drug-dependent persons | |
| 469 | - | satisfactorily completes such defendant's period of supervision, the | |
| 470 | - | court shall release the defendant to the custody of the Court Support Substitute House Bill No. 6594 | |
| 342 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 343 | + | R02-HB.docx } | |
| 344 | + | 10 of 43 | |
| 471 | 345 | ||
| 472 | - | Public Act No. 21-102 15 of 44 | |
| 346 | + | October 1, 2021): 275 | |
| 347 | + | (f) A persistent offender for possession of a controlled substance is a 276 | |
| 348 | + | person who (1) stands convicted of possession of a controlled substance 277 | |
| 349 | + | in violation of the provisions of section 21a-279, as amended by this act, 278 | |
| 350 | + | and (2) has been, at separate times prior to the commission of the present 279 | |
| 351 | + | possession of a controlled substance, twice convicted of the crime of 280 | |
| 352 | + | possession of a controlled substance during the ten years prior to the 281 | |
| 353 | + | commission of the present violation of section 21a-279, as amended by 282 | |
| 354 | + | this act. 283 | |
| 355 | + | (g) A persistent felony offender is a person who (1) stands convicted 284 | |
| 356 | + | of a felony other than a class D or E felony, and (2) has been, at separate 285 | |
| 357 | + | times prior to the commission of the present felony, twice convicted of 286 | |
| 358 | + | a felony other than a class D or E felony, if such felonies were committed 287 | |
| 359 | + | during the ten years prior to the commission of the present felony. 288 | |
| 360 | + | Sec. 14. Subsection (b) of section 53a-39c of the general statutes is 289 | |
| 361 | + | repealed and the following is substituted in lieu thereof (Effective October 290 | |
| 362 | + | 1, 2021): 291 | |
| 363 | + | (b) Any person who enters such program shall pay to the court a 292 | |
| 364 | + | participation fee of two hundred five dollars, except that no person may 293 | |
| 365 | + | be excluded from such program for inability to pay such fee, provided 294 | |
| 366 | + | (1) such person files with the court an affidavit of indigency or inability 295 | |
| 367 | + | to pay [, (2)] such indigency is confirmed by the Court Support Services 296 | |
| 368 | + | Division [,] and [(3)] the court enters a finding thereof, or (2) the person 297 | |
| 369 | + | has been determined indigent and eligible for representation by a public 298 | |
| 370 | + | defender who has been appointed on behalf of such person pursuant to 299 | |
| 371 | + | section 51-296. The court shall not require a person to perform 300 | |
| 372 | + | community service in lieu of payment of such fee, if such fee is waived. 301 | |
| 373 | + | All program fees collected under this subsection shall be deposited into 302 | |
| 374 | + | the alternative incarceration program account. 303 | |
| 375 | + | Sec. 15. Section 54-56e of the general statutes is repealed and the 304 | |
| 376 | + | following is substituted in lieu thereof (Effective October 1, 2021): 305 Substitute Bill No. 6594 | |
| 473 | 377 | ||
| 474 | - | Services Division under such conditions as the court shall order or shall | |
| 475 | - | dismiss such charges. Upon dismissal, all records of such charges shall | |
| 476 | - | be erased pursuant to section 54-142a. An order of the court denying a | |
| 477 | - | motion to dismiss the charges against a defendant who has completed | |
| 478 | - | such defendant's period of probation or supervision or terminating the | |
| 479 | - | participation of a defendant in such program shall be a final judgment | |
| 480 | - | for purposes of appeal. | |
| 481 | - | (g) The court shall waive any application or participation fee under | |
| 482 | - | this section for any person who (1) files with the court an affidavit of | |
| 483 | - | indigency or inability to pay, has such indigency confirmed by the Court | |
| 484 | - | Support Services Division and the court enters a finding thereof, or (2) | |
| 485 | - | has been determined indigent and eligible for representation by a public | |
| 486 | - | defender who has been appointed on behalf of such person pursuant to | |
| 487 | - | section 51-296. The court shall not require a person to perform | |
| 488 | - | community service in lieu of payment of such fee, if such fee is waived. | |
| 489 | - | Sec. 13. Section 54-56g of the general statutes is repealed and the | |
| 490 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 491 | - | (a) (1) There shall be a pretrial alcohol education program for persons | |
| 492 | - | charged with a violation of section 14-227a, 14-227g or 14-227m, | |
| 493 | - | subdivision (1) or (2) of subsection (a) of section 14-227n or section 15- | |
| 494 | - | 133 or 15-140n. Upon application by any such person for participation | |
| 495 | - | in such program, the court shall, but only as to the public, order the | |
| 496 | - | court file sealed, and such person shall pay to the court an application | |
| 497 | - | fee of one hundred dollars and a nonrefundable evaluation fee of one | |
| 498 | - | hundred dollars, except as provided for in subsection (i) of this section, | |
| 499 | - | and such person shall state under oath, in open court or before any | |
| 500 | - | person designated by the clerk and duly authorized to administer oaths, | |
| 501 | - | under penalties of perjury that: (A) If such person is charged with a | |
| 502 | - | violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of | |
| 503 | - | subsection (a) of section 14-227n, subsection (d) of section 15-133 or | |
| 504 | - | section 15-140n, such person has not had such program invoked in such Substitute House Bill No. 6594 | |
| 505 | 378 | ||
| 506 | - | Public Act No. 21-102 16 of 44 | |
| 379 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 380 | + | R02-HB.docx } | |
| 381 | + | 11 of 43 | |
| 507 | 382 | ||
| 508 | - | person's behalf within the preceding ten years for a violation of section | |
| 509 | - | 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of | |
| 510 | - | section 14-227n, subsection (d) of section 15-133 or section 15-140n, (B) | |
| 511 | - | such person has not been convicted of a violation of section 53a-56b or | |
| 512 | - | 53a-60d, a violation of subsection (a) of section 14-227a before, on or | |
| 513 | - | after October 1, 1981, a violation of subdivision (1) or (2) of subsection | |
| 514 | - | (a) of section 14-227a on or after October 1, 1985, a violation of section | |
| 515 | - | 14-227g, a violation of section 14-227m or a violation of subdivision (1) | |
| 516 | - | or (2) of subsection (a) of section 14-227n, (C) such person has not been | |
| 517 | - | convicted of a violation of section 15-132a, subsection (d) of section 15- | |
| 518 | - | 133, section 15-140l or section 15-140n, (D) such person has not been | |
| 519 | - | convicted in any other state at any time of an offense the essential | |
| 520 | - | elements of which are substantially the same as section 53a-56b, 53a-60d, | |
| 521 | - | 15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) of | |
| 522 | - | section 14-227a, section 14-227m, subdivision (1) or (2) of subsection (a) | |
| 523 | - | of section 14-227n or subsection (d) of section 15-133, and (E) notice has | |
| 524 | - | been given by such person, by registered or certified mail on a form | |
| 525 | - | prescribed by the Office of the Chief Court Administrator, to each victim | |
| 526 | - | who sustained a serious physical injury, as defined in section 53a-3, | |
| 527 | - | which was caused by such person's alleged violation, that such person | |
| 528 | - | has applied to participate in the pretrial alcohol education program and | |
| 529 | - | that such victim has an opportunity to be heard by the court on the | |
| 530 | - | application. | |
| 531 | - | (2) The court shall provide each such victim who sustained a serious | |
| 532 | - | physical injury an opportunity to be heard prior to granting an | |
| 533 | - | application under this section. Unless good cause is shown, a person | |
| 534 | - | shall be ineligible for participation in such pretrial alcohol education | |
| 535 | - | program if such person's alleged violation of section 14-227a, 14-227g or | |
| 536 | - | 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or | |
| 537 | - | subsection (d) of section 15-133 caused the serious physical injury, as | |
| 538 | - | defined in section 53a-3, of another person. Substitute House Bill No. 6594 | |
| 383 | + | (a) There shall be a pretrial program for accelerated rehabilitation of 306 | |
| 384 | + | persons accused of a crime or crimes or a motor vehicle violation or 307 | |
| 385 | + | violations for which a sentence to a term of imprisonment may be 308 | |
| 386 | + | imposed, which crimes or violations are not of a serious nature. Upon 309 | |
| 387 | + | application by any such person for participation in the program, the 310 | |
| 388 | + | court shall, but only as to the public, order the court file sealed. 311 | |
| 389 | + | (b) The court may, in its discretion, invoke such program on motion 312 | |
| 390 | + | of the defendant or on motion of a state's attorney or prosecuting 313 | |
| 391 | + | attorney with respect to a defendant (1) who, the court believes, will 314 | |
| 392 | + | probably not offend in the future, (2) who has no previous record of 315 | |
| 393 | + | conviction of a crime or of a violation of section 14-196, subsection (c) of 316 | |
| 394 | + | section 14-215, section 14-222a, subsection (a) or subdivision (1) of 317 | |
| 395 | + | subsection (b) of section 14-224, section 14-227a or 14-227m or 318 | |
| 396 | + | subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who 319 | |
| 397 | + | states under oath, in open court or before any person designated by the 320 | |
| 398 | + | clerk and duly authorized to administer oaths, under the penalties of 321 | |
| 399 | + | perjury, (A) that the defendant has never had such program invoked on 322 | |
| 400 | + | the defendant's behalf or that the defendant was charged with a 323 | |
| 401 | + | misdemeanor or a motor vehicle violation for which a term of 324 | |
| 402 | + | imprisonment of one year or less may be imposed and ten or more years 325 | |
| 403 | + | have passed since the date that any charge or charges for which the 326 | |
| 404 | + | program was invoked on the defendant's behalf were dismissed by the 327 | |
| 405 | + | court, or (B) with respect to a defendant who is a veteran, that the 328 | |
| 406 | + | defendant has not had such program invoked in the defendant's behalf 329 | |
| 407 | + | more than once previously, provided the defendant shall agree thereto 330 | |
| 408 | + | and provided notice has been given by the defendant, on a form 331 | |
| 409 | + | prescribed by the Office of the Chief Court Administrator, to the victim 332 | |
| 410 | + | or victims of such crime or motor vehicle violation, if any, by registered 333 | |
| 411 | + | or certified mail and such victim or victims have an opportunity to be 334 | |
| 412 | + | heard thereon. Any defendant who makes application for participation 335 | |
| 413 | + | in such program shall pay to the court an application fee of thirty-five 336 | |
| 414 | + | dollars, except as provided in subsection (g) of this section. No 337 | |
| 415 | + | defendant shall be allowed to participate in the pretrial program for 338 | |
| 416 | + | accelerated rehabilitation more than two times. For the purposes of this 339 Substitute Bill No. 6594 | |
| 539 | 417 | ||
| 540 | - | Public Act No. 21-102 17 of 44 | |
| 541 | 418 | ||
| 542 | - | (3) The application fee imposed under this subsection shall be | |
| 543 | - | credited to the Criminal Injuries Compensation Fund established under | |
| 544 | - | section 54-215. The evaluation fee imposed under this subsection shall | |
| 545 | - | be credited to the pretrial account established under section 54-56k. | |
| 546 | - | (b) The court, after consideration of the recommendation of the state's | |
| 547 | - | attorney, assistant state's attorney or deputy assistant state's attorney in | |
| 548 | - | charge of the case, may, in its discretion, grant such application. If the | |
| 549 | - | court grants such application, the court shall refer such person to the | |
| 550 | - | Court Support Services Division for assessment and confirmation of the | |
| 551 | - | eligibility of the applicant and to the Department of Mental Health and | |
| 552 | - | Addiction Services for evaluation. The Court Support Services Division, | |
| 553 | - | in making its assessment and confirmation, may rely on the | |
| 554 | - | representations made by the applicant under oath in open court with | |
| 555 | - | respect to convictions in other states of offenses specified in subsection | |
| 556 | - | (a) of this section. Upon confirmation of eligibility and receipt of the | |
| 557 | - | evaluation report, the defendant shall be referred to the Department of | |
| 558 | - | Mental Health and Addiction Services by the Court Support Services | |
| 559 | - | Division for placement in an appropriate alcohol intervention program | |
| 560 | - | for one year, or be placed in a state-licensed substance abuse treatment | |
| 561 | - | program. The alcohol intervention program shall include a ten-session | |
| 562 | - | intervention program and a fifteen-session intervention program. Any | |
| 563 | - | person who enters the pretrial alcohol education program shall agree: | |
| 564 | - | (1) To the tolling of the statute of limitations with respect to such crime, | |
| 565 | - | (2) to a waiver of such person's right to a speedy trial, (3) to complete | |
| 566 | - | ten or fifteen counseling sessions in an alcohol intervention program or | |
| 567 | - | successfully complete a substance abuse treatment program of not less | |
| 568 | - | than twelve sessions pursuant to this section dependent upon the | |
| 569 | - | evaluation report and the court order, (4) to commence participation in | |
| 570 | - | an alcohol intervention program or substance abuse treatment program | |
| 571 | - | not later than ninety days after the date of entry of the court order unless | |
| 572 | - | granted a delayed entry into a program by the court, (5) upon | |
| 573 | - | completion of participation in the alcohol intervention program, to Substitute House Bill No. 6594 | |
| 419 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 420 | + | R02-HB.docx } | |
| 421 | + | 12 of 43 | |
| 574 | 422 | ||
| 575 | - | Public Act No. 21-102 18 of 44 | |
| 423 | + | section, "veteran" means any person who was discharged or released 340 | |
| 424 | + | under conditions other than dishonorable from active service in the 341 | |
| 425 | + | armed forces as defined in section 27-103. 342 | |
| 426 | + | (c) This section shall not be applicable: (1) To any person charged 343 | |
| 427 | + | with (A) a class A felony, (B) a class B felony, except a violation of 344 | |
| 428 | + | subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 345 | |
| 429 | + | not involve the use, attempted use or threatened use of physical force 346 | |
| 430 | + | against another person, or a violation of subdivision (4) of subsection (a) 347 | |
| 431 | + | of section 53a-122 that does not involve the use, attempted use or 348 | |
| 432 | + | threatened use of physical force against another person and does not 349 | |
| 433 | + | involve a violation by a person who is a public official, as defined in 350 | |
| 434 | + | section 1-110, or a state or municipal employee, as defined in section 1-351 | |
| 435 | + | 110, or (C) a violation of section 53a-70b of the general statutes, revision 352 | |
| 436 | + | of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, 353 | |
| 437 | + | subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) 354 | |
| 438 | + | of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-355 | |
| 439 | + | 70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-356 | |
| 440 | + | 72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged 357 | |
| 441 | + | with a crime or motor vehicle violation who, as a result of the 358 | |
| 442 | + | commission of such crime or motor vehicle violation, causes the death 359 | |
| 443 | + | of another person, (3) to any person accused of a family violence crime 360 | |
| 444 | + | as defined in section 46b-38a who (A) is eligible for the pretrial family 361 | |
| 445 | + | violence education program established under section 46b-38c, as 362 | |
| 446 | + | amended by this act, or (B) has previously had the pretrial family 363 | |
| 447 | + | violence education program invoked in such person's behalf, (4) to any 364 | |
| 448 | + | person charged with a violation of section 21a-267, as amended by this 365 | |
| 449 | + | act, or 21a-279, as amended by this act, who (A) is eligible for the pretrial 366 | |
| 450 | + | drug education and community service program established under 367 | |
| 451 | + | section 54-56i, as amended by this act, or (B) has previously had the 368 | |
| 452 | + | pretrial drug education program or the pretrial drug education and 369 | |
| 453 | + | community service program invoked on such person's behalf, (5) unless 370 | |
| 454 | + | good cause is shown, to (A) any person charged with a class C felony, 371 | |
| 455 | + | or (B) any person charged with committing a violation of subdivision 372 | |
| 456 | + | (1) of subsection (a) of section 53a-71 while such person was less than 373 Substitute Bill No. 6594 | |
| 576 | 457 | ||
| 577 | - | accept placement in a substance abuse treatment program upon the | |
| 578 | - | recommendation of a provider under contract with the Department of | |
| 579 | - | Mental Health and Addiction Services pursuant to subsection (f) of this | |
| 580 | - | section or placement in a state-licensed substance abuse treatment | |
| 581 | - | program which meets standards established by the Department of | |
| 582 | - | Mental Health and Addiction Services, if the Court Support Services | |
| 583 | - | Division deems it appropriate, and (6) if ordered by the court, to | |
| 584 | - | participate in at least one victim impact panel. The suspension of the | |
| 585 | - | motor vehicle operator's license of any such person pursuant to section | |
| 586 | - | 14-227b shall be effective during the period such person is participating | |
| 587 | - | in the pretrial alcohol education program, provided such person shall | |
| 588 | - | have the option of not commencing the participation in such program | |
| 589 | - | until the period of such suspension is completed. If the Court Support | |
| 590 | - | Services Division informs the court that the defendant is ineligible for | |
| 591 | - | such program and the court makes a determination of ineligibility or if | |
| 592 | - | the program provider certifies to the court that the defendant did not | |
| 593 | - | successfully complete the assigned program or is no longer amenable to | |
| 594 | - | treatment and such person does not request, or the court denies, | |
| 595 | - | program reinstatement under subsection (e) of this section, the court | |
| 596 | - | shall order the court file to be unsealed, enter a plea of not guilty for | |
| 597 | - | such defendant and immediately place the case on the trial list. If such | |
| 598 | - | defendant satisfactorily completes the assigned program, such | |
| 599 | - | defendant may apply for dismissal of the charges against such | |
| 600 | - | defendant and the court, on reviewing the record of the defendant's | |
| 601 | - | participation in such program submitted by the Court Support Services | |
| 602 | - | Division and on finding such satisfactory completion, shall dismiss the | |
| 603 | - | charges. If the defendant does not apply for dismissal of the charges | |
| 604 | - | against such defendant after satisfactorily completing the assigned | |
| 605 | - | program the court, upon receipt of the record of the defendant's | |
| 606 | - | participation in such program submitted by the Court Support Services | |
| 607 | - | Division, may on its own motion make a finding of such satisfactory | |
| 608 | - | completion and dismiss the charges. Upon motion of the defendant and | |
| 609 | - | a showing of good cause, the court may extend the one-year placement Substitute House Bill No. 6594 | |
| 610 | 458 | ||
| 611 | - | Public Act No. 21-102 19 of 44 | |
| 459 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 460 | + | R02-HB.docx } | |
| 461 | + | 13 of 43 | |
| 612 | 462 | ||
| 613 | - | period for a reasonable period for the defendant to complete the | |
| 614 | - | assigned program. A record of participation in such program shall be | |
| 615 | - | retained by the Court Support Services Division for a period of ten years | |
| 616 | - | from the date the court grants the application for participation in such | |
| 617 | - | program. The Court Support Services Division shall transmit to the | |
| 618 | - | Department of Motor Vehicles a record of participation in such program | |
| 619 | - | for each person who satisfactorily completes such program. The | |
| 620 | - | Department of Motor Vehicles shall maintain for a period of ten years | |
| 621 | - | the record of a person's participation in such program as part of such | |
| 622 | - | person's driving record. The Court Support Services Division shall | |
| 623 | - | transmit to the Department of Energy and Environmental Protection the | |
| 624 | - | record of participation of any person who satisfactorily completes such | |
| 625 | - | program who has been charged with a violation of the provisions of | |
| 626 | - | subsection (d) of section 15-133 or section 15-140n. The Department of | |
| 627 | - | Energy and Environmental Protection shall maintain for a period of ten | |
| 628 | - | years the record of a person's participation in such program as a part of | |
| 629 | - | such person's boater certification record. | |
| 630 | - | (c) (1) At the time the court grants the application for participation in | |
| 631 | - | the pretrial alcohol education program, such person shall also pay to the | |
| 632 | - | court a nonrefundable program fee of three hundred fifty dollars if such | |
| 633 | - | person is ordered to participate in the ten-session intervention program | |
| 634 | - | and a nonrefundable program fee of five hundred dollars if such person | |
| 635 | - | is ordered to participate in the fifteen-session intervention program,. If | |
| 636 | - | the court grants the application for participation in the pretrial alcohol | |
| 637 | - | education program and such person is ordered to participate in a | |
| 638 | - | substance abuse treatment program, such person shall be responsible | |
| 639 | - | for the costs associated with participation in such program. No person | |
| 640 | - | may be excluded from either program for inability to pay such fee or | |
| 641 | - | cost, [provided (1) such person files with the court an affidavit of | |
| 642 | - | indigency or inability to pay, (2) such indigency or inability to pay is | |
| 643 | - | confirmed by the Court Support Services Division, and (3) the court | |
| 644 | - | enters a finding thereof] and the court shall waive any such fee or cost Substitute House Bill No. 6594 | |
| 463 | + | four years older than the other person, (6) to any person charged with a 374 | |
| 464 | + | violation of section 9-359 or 9-359a, (7) to any person charged with a 375 | |
| 465 | + | motor vehicle violation (A) while operating a commercial motor vehicle, 376 | |
| 466 | + | as defined in section 14-1, or (B) who holds a commercial driver's license 377 | |
| 467 | + | or commercial driver's instruction permit at the time of the violation, (8) 378 | |
| 468 | + | to any person charged with a violation of subdivision (6) of subsection 379 | |
| 469 | + | (a) of section 53a-60, or (9) to a health care provider or vendor 380 | |
| 470 | + | participating in the state's Medicaid program charged with a violation 381 | |
| 471 | + | of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123. 382 | |
| 472 | + | (d) Except as provided in subsection [(e)] (g) of this section, any 383 | |
| 473 | + | defendant who enters such program shall pay to the court a 384 | |
| 474 | + | participation fee of one hundred dollars. Any defendant who enters 385 | |
| 475 | + | such program shall agree to the tolling of any statute of limitations with 386 | |
| 476 | + | respect to such crime and to a waiver of the right to a speedy trial. Any 387 | |
| 477 | + | such defendant shall appear in court and shall, under such conditions 388 | |
| 478 | + | as the court shall order, be released to the custody of the Court Support 389 | |
| 479 | + | Services Division, except that, if a criminal docket for drug-dependent 390 | |
| 480 | + | persons has been established pursuant to section 51-181b in the judicial 391 | |
| 481 | + | district, such defendant may be transferred, under such conditions as 392 | |
| 482 | + | the court shall order, to the court handling such docket for supervision 393 | |
| 483 | + | by such court. If the defendant refuses to accept, or, having accepted, 394 | |
| 484 | + | violates such conditions, the defendant's case shall be brought to trial. 395 | |
| 485 | + | The period of such probation or supervision, or both, shall not exceed 396 | |
| 486 | + | two years. If the defendant has reached the age of sixteen years but has 397 | |
| 487 | + | not reached the age of eighteen years, the court may order that as a 398 | |
| 488 | + | condition of such probation the defendant be referred for services to a 399 | |
| 489 | + | youth service bureau established pursuant to section 10-19m, provided 400 | |
| 490 | + | the court finds, through an assessment by a youth service bureau or its 401 | |
| 491 | + | designee, that the defendant is in need of and likely to benefit from such 402 | |
| 492 | + | services. When determining any conditions of probation to order for a 403 | |
| 493 | + | person entering such program who was charged with a misdemeanor 404 | |
| 494 | + | that did not involve the use, attempted use or threatened use of physical 405 | |
| 495 | + | force against another person or a motor vehicle violation, the court shall 406 | |
| 496 | + | consider ordering the person to perform community service in the 407 Substitute Bill No. 6594 | |
| 645 | 497 | ||
| 646 | - | Public Act No. 21-102 20 of 44 | |
| 647 | 498 | ||
| 648 | - | for any intervention program if such person is found eligible to have | |
| 649 | - | such fee or cost waived under subsection (i) of this section. | |
| 650 | - | (2) If the court finds that a person is indigent or unable to pay for a | |
| 651 | - | treatment program using the method for determining indigency | |
| 652 | - | described in subsection (i) of this section, the costs of such program shall | |
| 653 | - | be paid from the pretrial account established under section 54-56k. [If | |
| 654 | - | the court finds that a person is indigent or unable to pay for an | |
| 655 | - | intervention program, the court may waive all or any portion of the fee | |
| 656 | - | for such intervention program.] | |
| 657 | - | (3) If the court denies the application, such person shall not be | |
| 658 | - | required to pay the program fee. If the court grants the application and | |
| 659 | - | such person is later determined to be ineligible for participation in such | |
| 660 | - | pretrial alcohol education program or fails to complete the assigned | |
| 661 | - | program, the program fee shall not be refunded. All program fees shall | |
| 662 | - | be credited to the pretrial account established under section 54-56k. | |
| 663 | - | (d) If a person returns to court with certification from a program | |
| 664 | - | provider that such person did not successfully complete the assigned | |
| 665 | - | program or is no longer amenable to treatment, the provider, to the | |
| 666 | - | extent practicable, shall include a recommendation to the court as to | |
| 667 | - | whether a ten-session intervention program, a fifteen-session | |
| 668 | - | intervention program or placement in a state-licensed substance abuse | |
| 669 | - | treatment program would best serve such person's needs. The provider | |
| 670 | - | shall also indicate whether the current program referral was an initial | |
| 671 | - | referral or a reinstatement to the program. | |
| 672 | - | (e) When a person subsequently requests reinstatement into an | |
| 673 | - | alcohol intervention program or a substance abuse treatment program | |
| 674 | - | and the Court Support Services Division verifies that such person is | |
| 675 | - | eligible for reinstatement into such program and thereafter the court | |
| 676 | - | favorably acts on such request, such person shall pay a nonrefundable | |
| 677 | - | program fee of one hundred seventy-five dollars if ordered to complete Substitute House Bill No. 6594 | |
| 499 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 500 | + | R02-HB.docx } | |
| 501 | + | 14 of 43 | |
| 678 | 502 | ||
| 679 | - | Public Act No. 21-102 21 of 44 | |
| 503 | + | community in which the offense or violation occurred. If the court 408 | |
| 504 | + | determines that community service is appropriate, such community 409 | |
| 505 | + | service may be implemented by a community court established in 410 | |
| 506 | + | accordance with section 51-181c if the offense or violation occurred 411 | |
| 507 | + | within the jurisdiction of a community court established by said section. 412 | |
| 508 | + | If the defendant is charged with a violation of section 46a-58, 53-37a, 413 | |
| 509 | + | 53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of 414 | |
| 510 | + | such probation the defendant participate in a hate crimes diversion 415 | |
| 511 | + | program as provided in subsection (e) of this section. If a defendant is 416 | |
| 512 | + | charged with a violation of section 53-247, the court may order that as a 417 | |
| 513 | + | condition of such probation the defendant undergo psychiatric or 418 | |
| 514 | + | psychological counseling or participate in an animal cruelty prevention 419 | |
| 515 | + | and education program provided such a program exists and is available 420 | |
| 516 | + | to the defendant. 421 | |
| 517 | + | (e) If the court orders the defendant to participate in a hate crimes 422 | |
| 518 | + | diversion program as a condition of probation, the defendant shall pay 423 | |
| 519 | + | to the court a participation fee of four hundred twenty-five dollars, 424 | |
| 520 | + | except as provided in subsection (g) of this section. [No person may be 425 | |
| 521 | + | excluded from such program for inability to pay such fee, provided (1) 426 | |
| 522 | + | such person files with the court an affidavit of indigency or inability to 427 | |
| 523 | + | pay, (2) such indigency or inability to pay is confirmed by the Court 428 | |
| 524 | + | Support Services Division, and (3) the court enters a finding thereof.] 429 | |
| 525 | + | The Judicial Department shall contract with service providers, develop 430 | |
| 526 | + | standards and oversee appropriate hate crimes diversion programs to 431 | |
| 527 | + | meet the requirements of this section. Any defendant whose 432 | |
| 528 | + | employment or residence makes it unreasonable to attend a hate crimes 433 | |
| 529 | + | diversion program in this state may attend a program in another state 434 | |
| 530 | + | which has standards substantially similar to, or higher than, those of this 435 | |
| 531 | + | state, subject to the approval of the court and payment of the application 436 | |
| 532 | + | and program fees as provided in this section. The hate crimes diversion 437 | |
| 533 | + | program shall consist of an educational program and supervised 438 | |
| 534 | + | community service. 439 | |
| 535 | + | (f) If a defendant released to the custody of the Court Support 440 Substitute Bill No. 6594 | |
| 680 | 536 | ||
| 681 | - | a ten-session intervention program or two hundred fifty dollars if | |
| 682 | - | ordered to complete a fifteen-session intervention program, as the case | |
| 683 | - | may be, [. Unless good cause is shown, such fees shall not be waived] | |
| 684 | - | except as provided in subsection (i) of this section. If the court grants a | |
| 685 | - | person's request to be reinstated into a treatment program, such person | |
| 686 | - | shall be responsible for the costs, if any, associated with being reinstated | |
| 687 | - | into the treatment program. All program fees collected in connection | |
| 688 | - | with a reinstatement to an intervention program shall be credited to the | |
| 689 | - | pretrial account established under section 54-56k. No person shall be | |
| 690 | - | permitted more than two program reinstatements pursuant to this | |
| 691 | - | subsection. | |
| 692 | - | (f) The Department of Mental Health and Addiction Services shall | |
| 693 | - | contract with service providers, develop standards and oversee | |
| 694 | - | appropriate alcohol programs to meet the requirements of this section. | |
| 695 | - | Said department shall adopt regulations, in accordance with chapter 54, | |
| 696 | - | to establish standards for such alcohol programs. Any person ordered | |
| 697 | - | to participate in a treatment program shall do so at a state-licensed | |
| 698 | - | treatment program which meets the standards established by said | |
| 699 | - | department. Any defendant whose employment or residence makes it | |
| 700 | - | unreasonable to attend an alcohol intervention program or a substance | |
| 701 | - | abuse treatment program in this state may attend a program in another | |
| 702 | - | state which has standards substantially similar to, or higher than, those | |
| 703 | - | of this state, subject to the approval of the court and payment of the | |
| 704 | - | application, evaluation and program fees and treatment costs, as | |
| 705 | - | appropriate, as provided in this section. | |
| 706 | - | (g) The court may, as a condition of granting such application, require | |
| 707 | - | that such person participate in a victim impact panel program approved | |
| 708 | - | by the Court Support Services Division of the Judicial Department. Such | |
| 709 | - | victim impact panel program shall provide a nonconfrontational forum | |
| 710 | - | for the victims of alcohol-related or drug-related offenses and offenders | |
| 711 | - | to share experiences on the impact of alcohol-related or drug-related Substitute House Bill No. 6594 | |
| 712 | 537 | ||
| 713 | - | Public Act No. 21-102 22 of 44 | |
| 538 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 539 | + | R02-HB.docx } | |
| 540 | + | 15 of 43 | |
| 714 | 541 | ||
| 715 | - | incidents in their lives. Such victim impact panel program shall be | |
| 716 | - | conducted by a nonprofit organization that advocates on behalf of | |
| 717 | - | victims of accidents caused by persons who operated a motor vehicle | |
| 718 | - | while under the influence of intoxicating liquor or any drug, or both. | |
| 719 | - | Such organization may assess a participation fee of not more than | |
| 720 | - | seventy-five dollars on any person required by the court to participate | |
| 721 | - | in such program, provided such organization shall offer a [hardship] | |
| 722 | - | waiver when [it has determined that the imposition of a fee would pose | |
| 723 | - | an economic hardship for such person] such person has been | |
| 724 | - | determined indigent and eligible for representation by a public | |
| 725 | - | defender who has been appointed on behalf of such person pursuant to | |
| 726 | - | section 51-296. | |
| 727 | - | (h) The provisions of this section shall not be applicable in the case of | |
| 728 | - | any person charged with a violation of section 14-227a or 14-227m or | |
| 729 | - | subdivision (1) or (2) of subsection (a) of section 14-227n (1) while | |
| 730 | - | operating a commercial motor vehicle, as defined in section 14-1, or (2) | |
| 731 | - | who holds a commercial driver's license or commercial driver's | |
| 732 | - | instruction permit at the time of the violation. | |
| 733 | - | (i) The court shall waive any fee or cost under subsection (a), (c) or (e) | |
| 734 | - | of this section for any person who (1) files with the court an affidavit of | |
| 735 | - | indigency or inability to pay, has such indigency confirmed by the Court | |
| 736 | - | Support Services Division and the court enters a finding thereof, or (2) | |
| 737 | - | has been determined indigent and eligible for representation by a public | |
| 738 | - | defender who has been appointed on behalf of such person pursuant to | |
| 739 | - | section 51-296. The court shall not require a person to perform | |
| 740 | - | community service in lieu of payment of such fee or cost, if such fee or | |
| 741 | - | cost is waived. | |
| 742 | - | Sec. 14. Section 54-56i of the general statutes is repealed and the | |
| 743 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 744 | - | (a) There is established a pretrial drug education and community Substitute House Bill No. 6594 | |
| 542 | + | Services Division satisfactorily completes such defendant's period of 441 | |
| 543 | + | probation, such defendant may apply for dismissal of the charges 442 | |
| 544 | + | against such defendant and the court, on finding such satisfactory 443 | |
| 545 | + | completion, shall dismiss such charges. If the defendant does not apply 444 | |
| 546 | + | for dismissal of the charges against such defendant after satisfactorily 445 | |
| 547 | + | completing such defendant's period of probation, the court, upon 446 | |
| 548 | + | receipt of a report submitted by the Court Support Services Division that 447 | |
| 549 | + | the defendant satisfactorily completed such defendant's period of 448 | |
| 550 | + | probation, may on its own motion make a finding of such satisfactory 449 | |
| 551 | + | completion and dismiss such charges. If a defendant transferred to the 450 | |
| 552 | + | court handling the criminal docket for drug-dependent persons 451 | |
| 553 | + | satisfactorily completes such defendant's period of supervision, the 452 | |
| 554 | + | court shall release the defendant to the custody of the Court Support 453 | |
| 555 | + | Services Division under such conditions as the court shall order or shall 454 | |
| 556 | + | dismiss such charges. Upon dismissal, all records of such charges shall 455 | |
| 557 | + | be erased pursuant to section 54-142a. An order of the court denying a 456 | |
| 558 | + | motion to dismiss the charges against a defendant who has completed 457 | |
| 559 | + | such defendant's period of probation or supervision or terminating the 458 | |
| 560 | + | participation of a defendant in such program shall be a final judgment 459 | |
| 561 | + | for purposes of appeal. 460 | |
| 562 | + | (g) The court shall waive any application or participation fee under 461 | |
| 563 | + | this section for any person who (1) files with the court an affidavit of 462 | |
| 564 | + | indigency or inability to pay, has such indigency confirmed by the Court 463 | |
| 565 | + | Support Services Division and the court enters a finding thereof, or (2) 464 | |
| 566 | + | has been determined indigent and eligible for representation by a public 465 | |
| 567 | + | defender who has been appointed on behalf of such person pursuant to 466 | |
| 568 | + | section 51-296. The court shall not require a person to perform 467 | |
| 569 | + | community service in lieu of payment of such fee, if such fee is waived. 468 | |
| 570 | + | Sec. 16. Section 54-56g of the general statutes is repealed and the 469 | |
| 571 | + | following is substituted in lieu thereof (Effective October 1, 2021): 470 | |
| 572 | + | (a) (1) There shall be a pretrial alcohol education program for persons 471 | |
| 573 | + | charged with a violation of section 14-227a, 14-227g or 14-227m, 472 | |
| 574 | + | subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-473 Substitute Bill No. 6594 | |
| 745 | 575 | ||
| 746 | - | Public Act No. 21-102 23 of 44 | |
| 747 | 576 | ||
| 748 | - | service program for persons charged with a violation of section 21a-257, | |
| 749 | - | as amended by this act, 21a-267, as amended by this act, 21a-279, as | |
| 750 | - | amended by this act, or 21a-279a. The pretrial drug education and | |
| 751 | - | community service program shall include a fifteen-session drug | |
| 752 | - | education program and a substance abuse treatment program of not less | |
| 753 | - | than fifteen sessions, and the performance of community service. | |
| 754 | - | (b) Upon application by any such person for participation in such | |
| 755 | - | program, the court shall, but only as to the public, order the court file | |
| 756 | - | sealed, and such person shall pay to the court of an application fee of | |
| 757 | - | one hundred dollars and a nonrefundable evaluation fee of one hundred | |
| 758 | - | fifty dollars, except as provided in subsection (l) of this section. A person | |
| 759 | - | shall be ineligible for participation in such pretrial drug education and | |
| 760 | - | community service program if such person has twice previously | |
| 761 | - | participated in (1) the pretrial drug education program established | |
| 762 | - | under the provisions of this section in effect prior to October 1, 2013, (2) | |
| 763 | - | the community service labor program established under section 53a-39c, | |
| 764 | - | as amended by this act, (3) the pretrial drug education and community | |
| 765 | - | service program established under this section, or (4) any of such | |
| 766 | - | programs, except that the court may allow a person who has twice | |
| 767 | - | previously participated in such programs to participate in the pretrial | |
| 768 | - | drug education and community service program one additional time, | |
| 769 | - | for good cause shown. The evaluation and application fee imposed | |
| 770 | - | under this subsection shall be credited to the pretrial account | |
| 771 | - | established under section 54-56k. | |
| 772 | - | (c) The court, after consideration of the recommendation of the state's | |
| 773 | - | attorney, assistant state's attorney or deputy assistant state's attorney in | |
| 774 | - | charge of the case, may, in its discretion, grant such application. If the | |
| 775 | - | court grants such application, the court shall refer such person (1) to the | |
| 776 | - | Court Support Services Division for confirmation of the eligibility of the | |
| 777 | - | applicant, (2) to the Department of Mental Health and Addiction | |
| 778 | - | Services for evaluation and determination of an appropriate drug Substitute House Bill No. 6594 | |
| 577 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 578 | + | R02-HB.docx } | |
| 579 | + | 16 of 43 | |
| 779 | 580 | ||
| 780 | - | Public Act No. 21-102 24 of 44 | |
| 581 | + | 133 or 15-140n. Upon application by any such person for participation 474 | |
| 582 | + | in such program, the court shall, but only as to the public, order the 475 | |
| 583 | + | court file sealed, and such person shall pay to the court an application 476 | |
| 584 | + | fee of one hundred dollars and a nonrefundable evaluation fee of one 477 | |
| 585 | + | hundred dollars, except as provided for in subsection (i) of this section, 478 | |
| 586 | + | and such person shall state under oath, in open court or before any 479 | |
| 587 | + | person designated by the clerk and duly authorized to administer oaths, 480 | |
| 588 | + | under penalties of perjury that: (A) If such person is charged with a 481 | |
| 589 | + | violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of 482 | |
| 590 | + | subsection (a) of section 14-227n, subsection (d) of section 15-133 or 483 | |
| 591 | + | section 15-140n, such person has not had such program invoked in such 484 | |
| 592 | + | person's behalf within the preceding ten years for a violation of section 485 | |
| 593 | + | 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of 486 | |
| 594 | + | section 14-227n, subsection (d) of section 15-133 or section 15-140n, (B) 487 | |
| 595 | + | such person has not been convicted of a violation of section 53a-56b or 488 | |
| 596 | + | 53a-60d, a violation of subsection (a) of section 14-227a before, on or 489 | |
| 597 | + | after October 1, 1981, a violation of subdivision (1) or (2) of subsection 490 | |
| 598 | + | (a) of section 14-227a on or after October 1, 1985, a violation of section 491 | |
| 599 | + | 14-227g, a violation of section 14-227m or a violation of subdivision (1) 492 | |
| 600 | + | or (2) of subsection (a) of section 14-227n, (C) such person has not been 493 | |
| 601 | + | convicted of a violation of section 15-132a, subsection (d) of section 15-494 | |
| 602 | + | 133, section 15-140l or section 15-140n, (D) such person has not been 495 | |
| 603 | + | convicted in any other state at any time of an offense the essential 496 | |
| 604 | + | elements of which are substantially the same as section 53a-56b, 53a-60d, 497 | |
| 605 | + | 15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) of 498 | |
| 606 | + | section 14-227a, section 14-227m, subdivision (1) or (2) of subsection (a) 499 | |
| 607 | + | of section 14-227n or subsection (d) of section 15-133, and (E) notice has 500 | |
| 608 | + | been given by such person, by registered or certified mail on a form 501 | |
| 609 | + | prescribed by the Office of the Chief Court Administrator, to each victim 502 | |
| 610 | + | who sustained a serious physical injury, as defined in section 53a-3, 503 | |
| 611 | + | which was caused by such person's alleged violation, that such person 504 | |
| 612 | + | has applied to participate in the pretrial alcohol education program and 505 | |
| 613 | + | that such victim has an opportunity to be heard by the court on the 506 | |
| 614 | + | application. 507 Substitute Bill No. 6594 | |
| 781 | 615 | ||
| 782 | - | education or substance abuse treatment program for the first or second | |
| 783 | - | time such application is granted, and (3) to a state-licensed substance | |
| 784 | - | abuse treatment program for evaluation and determination of an | |
| 785 | - | appropriate substance abuse treatment program for the third time such | |
| 786 | - | application is granted, except that, if such person is a veteran, the court | |
| 787 | - | may refer such person to the Department of Veterans Affairs or the | |
| 788 | - | United States Department of Veterans Affairs, as applicable, for any | |
| 789 | - | such evaluation and determination. For the purposes of this subsection | |
| 790 | - | and subsection (d) of this section, "veteran" means any person who was | |
| 791 | - | discharged or released under conditions other than dishonorable from | |
| 792 | - | active service in the armed forces as defined in section 27-103. | |
| 793 | - | (d) (1) (A) Upon confirmation of eligibility and receipt of the | |
| 794 | - | evaluation and determination required under subsection (c) of this | |
| 795 | - | section, such person shall be placed in the pretrial drug education and | |
| 796 | - | community service program and referred by the Court Support Services | |
| 797 | - | Division for the purpose of receiving appropriate drug education | |
| 798 | - | services or substance abuse treatment program services, as | |
| 799 | - | recommended by the evaluation conducted pursuant to subsection (c) | |
| 800 | - | of this section and ordered by the court, to the Department of Mental | |
| 801 | - | Health and Addiction Services or to a state-licensed substance abuse | |
| 802 | - | treatment program for placement in the appropriate drug education or | |
| 803 | - | substance abuse treatment program, except that, if such person is a | |
| 804 | - | veteran, the division may refer such person to the Department of | |
| 805 | - | Veterans Affairs or the United States Department of Veterans Affairs, | |
| 806 | - | subject to the provisions of subdivision (2) of this subsection. | |
| 807 | - | (B) Persons who have been granted entry into the pretrial drug | |
| 808 | - | education and community service program for the first time shall | |
| 809 | - | participate in either a fifteen-session drug education program or a | |
| 810 | - | substance abuse treatment program of not less than fifteen sessions, as | |
| 811 | - | ordered by the court on the basis of the evaluation and determination | |
| 812 | - | required under subsection (c) of this section. Persons who have been Substitute House Bill No. 6594 | |
| 813 | 616 | ||
| 814 | - | Public Act No. 21-102 25 of 44 | |
| 617 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 618 | + | R02-HB.docx } | |
| 619 | + | 17 of 43 | |
| 815 | 620 | ||
| 816 | - | granted entry into the pretrial drug education and community service | |
| 817 | - | program for the second time shall participate in either a fifteen-session | |
| 818 | - | drug education program or a substance abuse treatment program of not | |
| 819 | - | less than fifteen sessions, as ordered by the court based on the | |
| 820 | - | evaluation and determination required under subsection (c) of this | |
| 821 | - | section. Persons who have been granted entry into the pretrial drug | |
| 822 | - | education and community service program for a third time shall be | |
| 823 | - | referred to a state-licensed substance abuse program for evaluation and | |
| 824 | - | participation in a course of treatment as ordered by the court based on | |
| 825 | - | the evaluation and determination required under subsection (c) of this | |
| 826 | - | section. | |
| 827 | - | (C) Persons who have been granted entry into the pretrial drug | |
| 828 | - | education and community service program shall also participate in a | |
| 829 | - | community service program administered by the Court Support | |
| 830 | - | Services Division pursuant to section 53a-39c, as amended by this act. | |
| 831 | - | Persons who have been granted entry into the pretrial drug education | |
| 832 | - | and community service program for the first time shall participate in the | |
| 833 | - | community service program for a period of five days. Persons who have | |
| 834 | - | been granted entry into the pretrial drug education and community | |
| 835 | - | service program for the second time shall participate in the community | |
| 836 | - | service program for a period of fifteen days. Persons who have been | |
| 837 | - | granted entry into the pretrial drug education and community service | |
| 838 | - | program for a third or additional time shall participate in the | |
| 839 | - | community service program for a period of thirty days. | |
| 840 | - | (D) Placement in the pretrial drug education and community service | |
| 841 | - | program pursuant to this section shall not exceed one year. Persons | |
| 842 | - | receiving substance abuse treatment program services in accordance | |
| 843 | - | with the provisions of this section shall only receive such services at | |
| 844 | - | state-licensed substance abuse treatment program facilities that are in | |
| 845 | - | compliance with all state standards governing the operation of such | |
| 846 | - | facilities, except that, if such person is a veteran, such person may Substitute House Bill No. 6594 | |
| 621 | + | (2) The court shall provide each such victim who sustained a serious 508 | |
| 622 | + | physical injury an opportunity to be heard prior to granting an 509 | |
| 623 | + | application under this section. Unless good cause is shown, a person 510 | |
| 624 | + | shall be ineligible for participation in such pretrial alcohol education 511 | |
| 625 | + | program if such person's alleged violation of section 14-227a, 14-227g or 512 | |
| 626 | + | 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 513 | |
| 627 | + | subsection (d) of section 15-133 caused the serious physical injury, as 514 | |
| 628 | + | defined in section 53a-3, of another person. 515 | |
| 629 | + | (3) The application fee imposed under this subsection shall be 516 | |
| 630 | + | credited to the Criminal Injuries Compensation Fund established under 517 | |
| 631 | + | section 54-215. The evaluation fee imposed under this subsection shall 518 | |
| 632 | + | be credited to the pretrial account established under section 54-56k. 519 | |
| 633 | + | (b) The court, after consideration of the recommendation of the state's 520 | |
| 634 | + | attorney, assistant state's attorney or deputy assistant state's attorney in 521 | |
| 635 | + | charge of the case, may, in its discretion, grant such application. If the 522 | |
| 636 | + | court grants such application, the court shall refer such person to the 523 | |
| 637 | + | Court Support Services Division for assessment and confirmation of the 524 | |
| 638 | + | eligibility of the applicant and to the Department of Mental Health and 525 | |
| 639 | + | Addiction Services for evaluation. The Court Support Services Division, 526 | |
| 640 | + | in making its assessment and confirmation, may rely on the 527 | |
| 641 | + | representations made by the applicant under oath in open court with 528 | |
| 642 | + | respect to convictions in other states of offenses specified in subsection 529 | |
| 643 | + | (a) of this section. Upon confirmation of eligibility and receipt of the 530 | |
| 644 | + | evaluation report, the defendant shall be referred to the Department of 531 | |
| 645 | + | Mental Health and Addiction Services by the Court Support Services 532 | |
| 646 | + | Division for placement in an appropriate alcohol intervention program 533 | |
| 647 | + | for one year, or be placed in a state-licensed substance abuse treatment 534 | |
| 648 | + | program. The alcohol intervention program shall include a ten-session 535 | |
| 649 | + | intervention program and a fifteen-session intervention program. Any 536 | |
| 650 | + | person who enters the pretrial alcohol education program shall agree: 537 | |
| 651 | + | (1) To the tolling of the statute of limitations with respect to such crime, 538 | |
| 652 | + | (2) to a waiver of such person's right to a speedy trial, (3) to complete 539 | |
| 653 | + | ten or fifteen counseling sessions in an alcohol intervention program or 540 Substitute Bill No. 6594 | |
| 847 | 654 | ||
| 848 | - | Public Act No. 21-102 26 of 44 | |
| 849 | 655 | ||
| 850 | - | receive services from facilities under the supervision of the Department | |
| 851 | - | of Veterans Affairs or the United States Department of Veterans Affairs, | |
| 852 | - | subject to the provisions of subdivision (2) of this subsection. | |
| 853 | - | (E) Any person who enters the pretrial drug education and | |
| 854 | - | community service program shall agree: (i) To the tolling of the statute | |
| 855 | - | of limitations with respect to such crime; (ii) to a waiver of such person's | |
| 856 | - | right to a speedy trial; (iii) to complete participation in the pretrial drug | |
| 857 | - | education and community service program, as ordered by the court; (iv) | |
| 858 | - | to commence participation in the pretrial drug education and | |
| 859 | - | community service program not later than ninety days after the date of | |
| 860 | - | entry of the court order unless granted a delayed entry into the program | |
| 861 | - | by the court; and (v) upon completion of participation in the pretrial | |
| 862 | - | drug education and community service program, to accept (I) placement | |
| 863 | - | in a treatment program upon the recommendation of a provider under | |
| 864 | - | contract with the Department of Mental Health and Addiction Services | |
| 865 | - | or a provider under the supervision of the Department of Veterans | |
| 866 | - | Affairs or the United States Department of Veterans Affairs, or (II) | |
| 867 | - | placement in a treatment program that has standards substantially | |
| 868 | - | similar to, or higher than, a program of a provider under contract with | |
| 869 | - | the Department of Mental Health and Addiction Services, if the Court | |
| 870 | - | Support Services Division deems it appropriate. | |
| 871 | - | (2) The Court Support Services Division may only refer a veteran to | |
| 872 | - | the Department of Veterans Affairs or the United States Department of | |
| 873 | - | Veterans Affairs for the receipt of services under the program if (A) the | |
| 874 | - | division determines that such services will be provided in a timely | |
| 875 | - | manner under standards substantially similar to, or higher than, | |
| 876 | - | standards for services provided by the Department of Mental Health | |
| 877 | - | and Addiction Services under the program, and (B) the applicable | |
| 878 | - | department agrees to submit timely program participation and | |
| 879 | - | completion reports to the division in the manner required by the | |
| 880 | - | division. Substitute House Bill No. 6594 | |
| 656 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 657 | + | R02-HB.docx } | |
| 658 | + | 18 of 43 | |
| 881 | 659 | ||
| 882 | - | Public Act No. 21-102 27 of 44 | |
| 660 | + | successfully complete a substance abuse treatment program of not less 541 | |
| 661 | + | than twelve sessions pursuant to this section dependent upon the 542 | |
| 662 | + | evaluation report and the court order, (4) to commence participation in 543 | |
| 663 | + | an alcohol intervention program or substance abuse treatment program 544 | |
| 664 | + | not later than ninety days after the date of entry of the court order unless 545 | |
| 665 | + | granted a delayed entry into a program by the court, (5) upon 546 | |
| 666 | + | completion of participation in the alcohol intervention program, to 547 | |
| 667 | + | accept placement in a substance abuse treatment program upon the 548 | |
| 668 | + | recommendation of a provider under contract with the Department of 549 | |
| 669 | + | Mental Health and Addiction Services pursuant to subsection (f) of this 550 | |
| 670 | + | section or placement in a state-licensed substance abuse treatment 551 | |
| 671 | + | program which meets standards established by the Department of 552 | |
| 672 | + | Mental Health and Addiction Services, if the Court Support Services 553 | |
| 673 | + | Division deems it appropriate, and (6) if ordered by the court, to 554 | |
| 674 | + | participate in at least one victim impact panel. The suspension of the 555 | |
| 675 | + | motor vehicle operator's license of any such person pursuant to section 556 | |
| 676 | + | 14-227b shall be effective during the period such person is participating 557 | |
| 677 | + | in the pretrial alcohol education program, provided such person shall 558 | |
| 678 | + | have the option of not commencing the participation in such program 559 | |
| 679 | + | until the period of such suspension is completed. If the Court Support 560 | |
| 680 | + | Services Division informs the court that the defendant is ineligible for 561 | |
| 681 | + | such program and the court makes a determination of ineligibility or if 562 | |
| 682 | + | the program provider certifies to the court that the defendant did not 563 | |
| 683 | + | successfully complete the assigned program or is no longer amenable to 564 | |
| 684 | + | treatment and such person does not request, or the court denies, 565 | |
| 685 | + | program reinstatement under subsection (e) of this section, the court 566 | |
| 686 | + | shall order the court file to be unsealed, enter a plea of not guilty for 567 | |
| 687 | + | such defendant and immediately place the case on the trial list. If such 568 | |
| 688 | + | defendant satisfactorily completes the assigned program, such 569 | |
| 689 | + | defendant may apply for dismissal of the charges against such 570 | |
| 690 | + | defendant and the court, on reviewing the record of the defendant's 571 | |
| 691 | + | participation in such program submitted by the Court Support Services 572 | |
| 692 | + | Division and on finding such satisfactory completion, shall dismiss the 573 | |
| 693 | + | charges. If the defendant does not apply for dismissal of the charges 574 | |
| 694 | + | against such defendant after satisfactorily completing the assigned 575 Substitute Bill No. 6594 | |
| 883 | 695 | ||
| 884 | - | (e) If the Court Support Services Division informs the court that such | |
| 885 | - | person is ineligible for the program and the court makes a determination | |
| 886 | - | of ineligibility or if the program provider certifies to the court that such | |
| 887 | - | person did not successfully complete the assigned program and such | |
| 888 | - | person did not request, or the court denied, reinstatement in the | |
| 889 | - | program under subsection (i) of this section, the court shall order the | |
| 890 | - | court file to be unsealed, enter a plea of not guilty for such person and | |
| 891 | - | immediately place the case on the trial list. | |
| 892 | - | (f) If such person satisfactorily completes the assigned program, such | |
| 893 | - | person may apply for dismissal of the charges against such person and | |
| 894 | - | the court, on reviewing the record of such person's participation in such | |
| 895 | - | program submitted by the Court Support Services Division and on | |
| 896 | - | finding such satisfactory completion, shall dismiss the charges. If such | |
| 897 | - | person does not apply for dismissal of the charges against such person | |
| 898 | - | after satisfactorily completing the assigned program, the court, upon | |
| 899 | - | receipt of the record of such person's participation in such program | |
| 900 | - | submitted by the Court Support Services Division, may on its own | |
| 901 | - | motion make a finding of such satisfactory completion and dismiss the | |
| 902 | - | charges. Upon motion of such person and a showing of good cause, the | |
| 903 | - | court may extend the placement period for a reasonable period of time | |
| 904 | - | to allow such person to complete the assigned program. A record of | |
| 905 | - | participation in such program shall be retained by the Court Support | |
| 906 | - | Services Division for a period of ten years from the date the court grants | |
| 907 | - | the application for participation in the program. | |
| 908 | - | (g) At the time the court grants the application for participation in the | |
| 909 | - | pretrial drug education and community service program, any person | |
| 910 | - | ordered to participate in such drug education program shall pay to the | |
| 911 | - | court a nonrefundable program fee of six hundred dollars. If the court | |
| 912 | - | orders participation in a substance abuse treatment program, such | |
| 913 | - | person shall pay to the court a nonrefundable program fee of one | |
| 914 | - | hundred dollars and shall be responsible for the costs associated with Substitute House Bill No. 6594 | |
| 915 | 696 | ||
| 916 | - | Public Act No. 21-102 28 of 44 | |
| 697 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 698 | + | R02-HB.docx } | |
| 699 | + | 19 of 43 | |
| 917 | 700 | ||
| 918 | - | such program. No person may be excluded from any such program for | |
| 919 | - | inability to pay such fee or cost, [provided (1) such person files with the | |
| 920 | - | court an affidavit of indigency or inability to pay, (2) such indigency or | |
| 921 | - | inability to pay is confirmed by the Court Support Services Division, | |
| 922 | - | and (3) the court enters a finding thereof. The court may waive all or any | |
| 923 | - | portion of such fee depending on such person's ability to pay] and the | |
| 924 | - | court shall waive any such fee or cost if such person is found eligible to | |
| 925 | - | have such fee or cost waived under subsection (l) of this section. If the | |
| 926 | - | court [finds that a person is indigent or unable to pay] waives the costs | |
| 927 | - | for a substance abuse treatment program, the costs of such program | |
| 928 | - | shall be paid from the pretrial account established under section 54-56k. | |
| 929 | - | If the court denies the application, such person shall not be required to | |
| 930 | - | pay the program fee. If the court grants the application, and such person | |
| 931 | - | is later determined to be ineligible for participation in such pretrial drug | |
| 932 | - | education and community service program or fails to complete the | |
| 933 | - | assigned program, the program fee shall not be refunded. All program | |
| 934 | - | fees shall be credited to the pretrial account established under section | |
| 935 | - | 54-56k. | |
| 936 | - | (h) If a person returns to court with certification from a program | |
| 937 | - | provider that such person did not successfully complete the assigned | |
| 938 | - | program or is no longer amenable to treatment, the provider, to the | |
| 939 | - | extent practicable, shall include a recommendation to the court as to | |
| 940 | - | whether placement in a drug education program or placement in a | |
| 941 | - | substance abuse treatment program would best serve such person's | |
| 942 | - | needs. The provider shall also indicate whether the current program | |
| 943 | - | referral was an initial referral or a reinstatement to the program. | |
| 944 | - | (i) When a person subsequently requests reinstatement into a drug | |
| 945 | - | education program or a substance abuse treatment program and the | |
| 946 | - | Court Support Services Division verifies that such person is eligible for | |
| 947 | - | reinstatement into such program and thereafter the court favorably acts | |
| 948 | - | on such request, any person reinstated into such drug education Substitute House Bill No. 6594 | |
| 701 | + | program the court, upon receipt of the record of the defendant's 576 | |
| 702 | + | participation in such program submitted by the Court Support Services 577 | |
| 703 | + | Division, may on its own motion make a finding of such satisfactory 578 | |
| 704 | + | completion and dismiss the charges. Upon motion of the defendant and 579 | |
| 705 | + | a showing of good cause, the court may extend the one-year placement 580 | |
| 706 | + | period for a reasonable period for the defendant to complete the 581 | |
| 707 | + | assigned program. A record of participation in such program shall be 582 | |
| 708 | + | retained by the Court Support Services Division for a period of ten years 583 | |
| 709 | + | from the date the court grants the application for participation in such 584 | |
| 710 | + | program. The Court Support Services Division shall transmit to the 585 | |
| 711 | + | Department of Motor Vehicles a record of participation in such program 586 | |
| 712 | + | for each person who satisfactorily completes such program. The 587 | |
| 713 | + | Department of Motor Vehicles shall maintain for a period of ten years 588 | |
| 714 | + | the record of a person's participation in such program as part of such 589 | |
| 715 | + | person's driving record. The Court Support Services Division shall 590 | |
| 716 | + | transmit to the Department of Energy and Environmental Protection the 591 | |
| 717 | + | record of participation of any person who satisfactorily completes such 592 | |
| 718 | + | program who has been charged with a violation of the provisions of 593 | |
| 719 | + | subsection (d) of section 15-133 or section 15-140n. The Department of 594 | |
| 720 | + | Energy and Environmental Protection shall maintain for a period of ten 595 | |
| 721 | + | years the record of a person's participation in such program as a part of 596 | |
| 722 | + | such person's boater certification record. 597 | |
| 723 | + | (c) (1) At the time the court grants the application for participation in 598 | |
| 724 | + | the pretrial alcohol education program, such person shall also pay to the 599 | |
| 725 | + | court a nonrefundable program fee of three hundred fifty dollars if such 600 | |
| 726 | + | person is ordered to participate in the ten-session intervention program 601 | |
| 727 | + | and a nonrefundable program fee of five hundred dollars if such person 602 | |
| 728 | + | is ordered to participate in the fifteen-session intervention program,. If 603 | |
| 729 | + | the court grants the application for participation in the pretrial alcohol 604 | |
| 730 | + | education program and such person is ordered to participate in a 605 | |
| 731 | + | substance abuse treatment program, such person shall be responsible 606 | |
| 732 | + | for the costs associated with participation in such program. No person 607 | |
| 733 | + | may be excluded from either program for inability to pay such fee or 608 | |
| 734 | + | cost, [provided (1) such person files with the court an affidavit of 609 Substitute Bill No. 6594 | |
| 949 | 735 | ||
| 950 | - | Public Act No. 21-102 29 of 44 | |
| 951 | 736 | ||
| 952 | - | program shall pay a nonrefundable program fee of two hundred fifty | |
| 953 | - | dollars, and any person reinstated into a substance abuse treatment | |
| 954 | - | program shall be responsible for the costs, if any, associated with being | |
| 955 | - | reinstated into the treatment program, [. Unless good cause is shown, | |
| 956 | - | such program fee shall not be waived] unless such person is found | |
| 957 | - | eligible to have such fee or costs waived under subsection (l) of this | |
| 958 | - | section. All program fees collected in connection with a reinstatement to | |
| 959 | - | a drug education program shall be credited to the pretrial account | |
| 960 | - | established under section 54-56k. No person shall be permitted more | |
| 961 | - | than two program reinstatements pursuant to this subsection. | |
| 962 | - | (j) The Department of Mental Health and Addiction Services shall | |
| 963 | - | develop standards and oversee appropriate drug education programs | |
| 964 | - | that it administers to meet the requirements of this section and may | |
| 965 | - | contract with service providers to provide such programs. The | |
| 966 | - | department shall adopt regulations, in accordance with chapter 54, to | |
| 967 | - | establish standards for such drug education programs. | |
| 968 | - | (k) Any person whose employment or residence or schooling makes | |
| 969 | - | it unreasonable to attend a drug education program or substance abuse | |
| 970 | - | treatment program in this state may attend a program in another state | |
| 971 | - | that has standards similar to, or higher than, those of this state, subject | |
| 972 | - | to the approval of the court and payment of the program fee or costs as | |
| 973 | - | provided in this section. | |
| 974 | - | (l) The court shall waive any fee or cost under subsection (b), (g) or | |
| 975 | - | (i) of this section for any person who (1) files with the court an affidavit | |
| 976 | - | of indigency or inability to pay, has such indigency confirmed by the | |
| 977 | - | Court Support Services Division and the court enters a finding thereof, | |
| 978 | - | or (2) has been determined indigent and eligible for representation by a | |
| 979 | - | public defender who has been appointed on behalf of such person | |
| 980 | - | pursuant to section 51-296. The court shall not require a person to | |
| 981 | - | perform community service in lieu of payment of such fee or cost, if such | |
| 982 | - | fee or cost is waived. Substitute House Bill No. 6594 | |
| 737 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 738 | + | R02-HB.docx } | |
| 739 | + | 20 of 43 | |
| 983 | 740 | ||
| 984 | - | Public Act No. 21-102 30 of 44 | |
| 741 | + | indigency or inability to pay, (2) such indigency or inability to pay is 610 | |
| 742 | + | confirmed by the Court Support Services Division, and (3) the court 611 | |
| 743 | + | enters a finding thereof] and the court shall waive any such fee or cost 612 | |
| 744 | + | for any intervention program if such person is found eligible to have 613 | |
| 745 | + | such fee or cost waived under subsection (i) of this section. 614 | |
| 746 | + | (2) If the court finds that a person is indigent or unable to pay for a 615 | |
| 747 | + | treatment program using the method for determining indigency 616 | |
| 748 | + | described in subsection (i) of this section, the costs of such program shall 617 | |
| 749 | + | be paid from the pretrial account established under section 54-56k. [If 618 | |
| 750 | + | the court finds that a person is indigent or unable to pay for an 619 | |
| 751 | + | intervention program, the court may waive all or any portion of the fee 620 | |
| 752 | + | for such intervention program.] 621 | |
| 753 | + | (3) If the court denies the application, such person shall not be 622 | |
| 754 | + | required to pay the program fee. If the court grants the application and 623 | |
| 755 | + | such person is later determined to be ineligible for participation in such 624 | |
| 756 | + | pretrial alcohol education program or fails to complete the assigned 625 | |
| 757 | + | program, the program fee shall not be refunded. All program fees shall 626 | |
| 758 | + | be credited to the pretrial account established under section 54-56k. 627 | |
| 759 | + | (d) If a person returns to court with certification from a program 628 | |
| 760 | + | provider that such person did not successfully complete the assigned 629 | |
| 761 | + | program or is no longer amenable to treatment, the provider, to the 630 | |
| 762 | + | extent practicable, shall include a recommendation to the court as to 631 | |
| 763 | + | whether a ten-session intervention program, a fifteen-session 632 | |
| 764 | + | intervention program or placement in a state-licensed substance abuse 633 | |
| 765 | + | treatment program would best serve such person's needs. The provider 634 | |
| 766 | + | shall also indicate whether the current program referral was an initial 635 | |
| 767 | + | referral or a reinstatement to the program. 636 | |
| 768 | + | (e) When a person subsequently requests reinstatement into an 637 | |
| 769 | + | alcohol intervention program or a substance abuse treatment program 638 | |
| 770 | + | and the Court Support Services Division verifies that such person is 639 | |
| 771 | + | eligible for reinstatement into such program and thereafter the court 640 | |
| 772 | + | favorably acts on such request, such person shall pay a nonrefundable 641 Substitute Bill No. 6594 | |
| 985 | 773 | ||
| 986 | - | Sec. 15. Subsection (f) of section 54-56j of the general statutes is | |
| 987 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 988 | - | 1, 2021): | |
| 989 | - | (f) The cost of participation in such program shall be paid by the | |
| 990 | - | parent or guardian of such student, except that no student shall be | |
| 991 | - | excluded from such program for inability to pay such cost provided (1) | |
| 992 | - | the parent or guardian of such student files with the court an affidavit | |
| 993 | - | of indigency or inability to pay [,] and [(2)] the court enters a finding | |
| 994 | - | thereof, or (2) the parent or guardian of such student has been | |
| 995 | - | determined indigent and such student is eligible for representation by a | |
| 996 | - | public defender who has been appointed on behalf of such student | |
| 997 | - | pursuant to section 51-296. The court shall not require a person to | |
| 998 | - | perform community service in lieu of payment of such cost, if such cost | |
| 999 | - | is waived. | |
| 1000 | - | Sec. 16. Subsection (i) of section 46b-38c of the general statutes is | |
| 1001 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 1002 | - | 1, 2021): | |
| 1003 | - | (i) A nonrefundable application fee of one hundred dollars shall be | |
| 1004 | - | paid to the court by any person who files a motion pursuant to | |
| 1005 | - | subdivision (1) of subsection (h) of this section to participate in the | |
| 1006 | - | pretrial family violence education program, and a fee of three hundred | |
| 1007 | - | dollars shall be paid to the court by any person who enters the family | |
| 1008 | - | violence education program, except that no person shall be excluded | |
| 1009 | - | from such program for inability to pay any such fee, provided (1) the | |
| 1010 | - | person files with the court an affidavit of indigency or inability to pay | |
| 1011 | - | [,] and [(2)] the court enters a finding thereof, or (2) such person has been | |
| 1012 | - | determined indigent and eligible for representation by a public | |
| 1013 | - | defender who has been appointed on behalf of such person pursuant to | |
| 1014 | - | section 51-296. The court shall not require a person to perform | |
| 1015 | - | community service in lieu of payment of such fee, if such fee is waived. | |
| 1016 | - | All such fees shall be credited to the General Fund. Substitute House Bill No. 6594 | |
| 1017 | 774 | ||
| 1018 | - | Public Act No. 21-102 31 of 44 | |
| 775 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 776 | + | R02-HB.docx } | |
| 777 | + | 21 of 43 | |
| 1019 | 778 | ||
| 1020 | - | Sec. 17. Section 17a-694 of the general statutes is repealed and the | |
| 1021 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 1022 | - | (a) The Commissioner of Mental Health and Addiction Services or | |
| 1023 | - | the commissioner's designee shall appoint one or more clinical | |
| 1024 | - | examiners to conduct examinations for alcohol or drug dependency | |
| 1025 | - | ordered pursuant to the provisions of section 17a-693. Each examiner | |
| 1026 | - | shall be authorized by the department to conduct independent | |
| 1027 | - | evaluations. | |
| 1028 | - | (b) (1) The examiner shall determine whether the person being | |
| 1029 | - | examined was an alcohol-dependent or drug-dependent person at the | |
| 1030 | - | time of the crime. The commissioner shall disclose to the examiner | |
| 1031 | - | information contained in the Department of Mental Health and | |
| 1032 | - | Addiction Service's database concerning the date that the person | |
| 1033 | - | received treatment for alcohol or drug dependence, if at all, and the | |
| 1034 | - | location where such treatment was provided, for the purpose of | |
| 1035 | - | allowing the examiner to request a release of treatment information | |
| 1036 | - | from the department for the person. | |
| 1037 | - | (2) If such person is determined to have been dependent on alcohol | |
| 1038 | - | or drugs, the examiner shall further determine (A) the history and | |
| 1039 | - | pattern of the dependency, and (B) whether the person presently needs | |
| 1040 | - | and is likely to benefit from treatment for the dependency. If the | |
| 1041 | - | examiner determines that the person presently needs and is likely to | |
| 1042 | - | benefit from treatment, the examiner shall recommend treatment and | |
| 1043 | - | state the date when space will be available in an appropriate treatment | |
| 1044 | - | program, provided such date shall not be more than forty-five days | |
| 1045 | - | from the date of the examination report. A recommendation for | |
| 1046 | - | treatment shall include provisions for appropriate placement and the | |
| 1047 | - | type and length of treatment and may include provisions for outpatient | |
| 1048 | - | treatment. | |
| 1049 | - | (c) The examiner shall prepare and sign, without notarization, a Substitute House Bill No. 6594 | |
| 779 | + | program fee of one hundred seventy-five dollars if ordered to complete 642 | |
| 780 | + | a ten-session intervention program or two hundred fifty dollars if 643 | |
| 781 | + | ordered to complete a fifteen-session intervention program, as the case 644 | |
| 782 | + | may be, [. Unless good cause is shown, such fees shall not be waived] 645 | |
| 783 | + | except as provided in subsection (i) of this section. If the court grants a 646 | |
| 784 | + | person's request to be reinstated into a treatment program, such person 647 | |
| 785 | + | shall be responsible for the costs, if any, associated with being reinstated 648 | |
| 786 | + | into the treatment program. All program fees collected in connection 649 | |
| 787 | + | with a reinstatement to an intervention program shall be credited to the 650 | |
| 788 | + | pretrial account established under section 54-56k. No person shall be 651 | |
| 789 | + | permitted more than two program reinstatements pursuant to this 652 | |
| 790 | + | subsection. 653 | |
| 791 | + | (f) The Department of Mental Health and Addiction Services shall 654 | |
| 792 | + | contract with service providers, develop standards and oversee 655 | |
| 793 | + | appropriate alcohol programs to meet the requirements of this section. 656 | |
| 794 | + | Said department shall adopt regulations, in accordance with chapter 54, 657 | |
| 795 | + | to establish standards for such alcohol programs. Any person ordered 658 | |
| 796 | + | to participate in a treatment program shall do so at a state-licensed 659 | |
| 797 | + | treatment program which meets the standards established by said 660 | |
| 798 | + | department. Any defendant whose employment or residence makes it 661 | |
| 799 | + | unreasonable to attend an alcohol intervention program or a substance 662 | |
| 800 | + | abuse treatment program in this state may attend a program in another 663 | |
| 801 | + | state which has standards substantially similar to, or higher than, those 664 | |
| 802 | + | of this state, subject to the approval of the court and payment of the 665 | |
| 803 | + | application, evaluation and program fees and treatment costs, as 666 | |
| 804 | + | appropriate, as provided in this section. 667 | |
| 805 | + | (g) The court may, as a condition of granting such application, require 668 | |
| 806 | + | that such person participate in a victim impact panel program approved 669 | |
| 807 | + | by the Court Support Services Division of the Judicial Department. Such 670 | |
| 808 | + | victim impact panel program shall provide a nonconfrontational forum 671 | |
| 809 | + | for the victims of alcohol-related or drug-related offenses and offenders 672 | |
| 810 | + | to share experiences on the impact of alcohol-related or drug-related 673 | |
| 811 | + | incidents in their lives. Such victim impact panel program shall be 674 Substitute Bill No. 6594 | |
| 1050 | 812 | ||
| 1051 | - | Public Act No. 21-102 32 of 44 | |
| 1052 | 813 | ||
| 1053 | - | written examination report and deliver it to the court, the Court Support | |
| 1054 | - | Services Division, the state's attorney and defense counsel no later than | |
| 1055 | - | thirty days after the examination was ordered. An examination report | |
| 1056 | - | ordered pursuant to this section and section 17a-693 shall otherwise be | |
| 1057 | - | confidential and not open to public inspection or subject to disclosure. | |
| 1058 | - | (d) No statement made by the person in the course of an examination | |
| 1059 | - | under the provisions of this section may be admitted in evidence on the | |
| 1060 | - | issue of guilt in a criminal proceeding concerning the person. | |
| 1061 | - | (e) No person shall be denied an examination or participation in a | |
| 1062 | - | program under this section for inability to pay any cost or fee associated | |
| 1063 | - | with such examination or program, provided (1) the person files with | |
| 1064 | - | the court an affidavit of indigency or inability to pay and the court enters | |
| 1065 | - | a finding thereof, or (2) such person has been determined indigent and | |
| 1066 | - | eligible for representation by a public defender who has been appointed | |
| 1067 | - | on behalf of such person pursuant to section 51-296. The court shall not | |
| 1068 | - | require a person to perform community service in lieu of payment of | |
| 1069 | - | such cost or fee, if such cost or fee is waived. | |
| 1070 | - | Sec. 18. Section 17a-696 of the general statutes is repealed and the | |
| 1071 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 1072 | - | (a) The provisions of this section shall not apply to any person | |
| 1073 | - | charged with a violation of section 14-227a, 14-227g or 14-227m, | |
| 1074 | - | subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a- | |
| 1075 | - | 56b or 53a-60d or with a class A, B or C felony or to any person who was | |
| 1076 | - | twice previously ordered treated under this section, subsection (i) of | |
| 1077 | - | section 17-155y, section 19a-386 or section 21a-284 of the general statutes | |
| 1078 | - | revised to 1989, or any combination thereof. The court may waive the | |
| 1079 | - | ineligibility provisions of this subsection for any person, except that the | |
| 1080 | - | court shall not waive the ineligibility provisions of this subsection for | |
| 1081 | - | any person charged with a violation of section 14-227a, 14-227g, 53a-56b | |
| 1082 | - | or 53a-60d if, at the time of the offense, such person was operating a Substitute House Bill No. 6594 | |
| 814 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 815 | + | R02-HB.docx } | |
| 816 | + | 22 of 43 | |
| 1083 | 817 | ||
| 1084 | - | Public Act No. 21-102 33 of 44 | |
| 818 | + | conducted by a nonprofit organization that advocates on behalf of 675 | |
| 819 | + | victims of accidents caused by persons who operated a motor vehicle 676 | |
| 820 | + | while under the influence of intoxicating liquor or any drug, or both. 677 | |
| 821 | + | Such organization may assess a participation fee of not more than 678 | |
| 822 | + | seventy-five dollars on any person required by the court to participate 679 | |
| 823 | + | in such program, provided such organization shall offer a [hardship] 680 | |
| 824 | + | waiver when [it has determined that the imposition of a fee would pose 681 | |
| 825 | + | an economic hardship for such person] such person has been 682 | |
| 826 | + | determined indigent and eligible for representation by a public 683 | |
| 827 | + | defender who has been appointed on behalf of such person pursuant to 684 | |
| 828 | + | section 51-296. 685 | |
| 829 | + | (h) The provisions of this section shall not be applicable in the case of 686 | |
| 830 | + | any person charged with a violation of section 14-227a or 14-227m or 687 | |
| 831 | + | subdivision (1) or (2) of subsection (a) of section 14-227n (1) while 688 | |
| 832 | + | operating a commercial motor vehicle, as defined in section 14-1, or (2) 689 | |
| 833 | + | who holds a commercial driver's license or commercial driver's 690 | |
| 834 | + | instruction permit at the time of the violation. 691 | |
| 835 | + | (i) The court shall waive any fee or cost under subsection (a), (c) or (e) 692 | |
| 836 | + | of this section for any person who (1) files with the court an affidavit of 693 | |
| 837 | + | indigency or inability to pay, has such indigency confirmed by the Court 694 | |
| 838 | + | Support Services Division and the court enters a finding thereof, or (2) 695 | |
| 839 | + | has been determined indigent and eligible for representation by a public 696 | |
| 840 | + | defender who has been appointed on behalf of such person pursuant to 697 | |
| 841 | + | section 51-296. The court shall not require a person to perform 698 | |
| 842 | + | community service in lieu of payment of such fee or cost, if such fee or 699 | |
| 843 | + | cost is waived. 700 | |
| 844 | + | Sec. 17. Section 54-56i of the general statutes is repealed and the 701 | |
| 845 | + | following is substituted in lieu thereof (Effective October 1, 2021): 702 | |
| 846 | + | (a) There is established a pretrial drug education and community 703 | |
| 847 | + | service program for persons charged with a violation of section 21a-257, 704 | |
| 848 | + | as amended by this act, 21a-267, as amended by this act, 21a-279, as 705 | |
| 849 | + | amended by this act, or 21a-279a. The pretrial drug education and 706 Substitute Bill No. 6594 | |
| 1085 | 850 | ||
| 1086 | - | commercial vehicle, as defined in section 14-1, or held a commercial | |
| 1087 | - | driver's license or a commercial driver's instruction permit. | |
| 1088 | - | (b) The court may order suspension of prosecution and order | |
| 1089 | - | treatment for alcohol or drug dependency as provided in this section | |
| 1090 | - | and sections 17a-697 and 17a-698 if it, after considering information | |
| 1091 | - | before it concerning the alcohol or drug dependency of the person, | |
| 1092 | - | including the examination report made pursuant to the provisions of | |
| 1093 | - | section 17a-694, as amended by this act, finds that (1) the accused person | |
| 1094 | - | was an alcohol-dependent or drug-dependent person at the time of the | |
| 1095 | - | crime, (2) the person presently needs and is likely to benefit from | |
| 1096 | - | treatment for the dependency, and (3) suspension of prosecution will | |
| 1097 | - | advance the interests of justice. Treatment may begin no earlier than the | |
| 1098 | - | date the clinical examiner reports under the provisions of section 17a- | |
| 1099 | - | 694, as amended by this act, that space is available in a treatment | |
| 1100 | - | program. Upon application by any such person for participation in a | |
| 1101 | - | treatment program, the court shall, but only as to the public, order the | |
| 1102 | - | court file sealed. | |
| 1103 | - | (c) A suspension of prosecution ordered under the provisions of | |
| 1104 | - | subsection (b) of this section may be for a period not exceeding two | |
| 1105 | - | years. During the period of suspension, an accused person shall be | |
| 1106 | - | placed in the custody of the Court Support Services Division for | |
| 1107 | - | treatment for alcohol or drug dependency. The court or the Court | |
| 1108 | - | Support Services Division may require that the person (1) comply with | |
| 1109 | - | any of the conditions specified in subsections (a) and (b) of section 53a- | |
| 1110 | - | 30, and (2) be tested for use of alcohol or drugs during the period of | |
| 1111 | - | suspension. The accused person shall, unless indigent, pay the cost of | |
| 1112 | - | treatment ordered under this section. | |
| 1113 | - | (d) If prosecution is suspended under the provisions of subsection (b) | |
| 1114 | - | of this section, (1) the statute of limitations applicable to the crime | |
| 1115 | - | charged shall be tolled during the period of suspension, and (2) the | |
| 1116 | - | accused person shall be deemed to have waived such accused person's Substitute House Bill No. 6594 | |
| 1117 | 851 | ||
| 1118 | - | Public Act No. 21-102 34 of 44 | |
| 852 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 853 | + | R02-HB.docx } | |
| 854 | + | 23 of 43 | |
| 1119 | 855 | ||
| 1120 | - | right to a speedy trial for the crime charged. | |
| 1121 | - | (e) The court shall not suspend prosecution under subsection (b) of | |
| 1122 | - | this section unless (1) the accused person has acknowledged that he or | |
| 1123 | - | she understands the consequences of the suspension of prosecution, (2) | |
| 1124 | - | the accused person has given notice, by registered or certified mail on a | |
| 1125 | - | form prescribed by the Chief Court Administrator, to the victim, if any, | |
| 1126 | - | of the crime of which the person is accused and of the pending motion | |
| 1127 | - | for suspension of prosecution, (3) such victim, if any, has been given an | |
| 1128 | - | opportunity to be heard on the motion for suspension of prosecution, | |
| 1129 | - | and (4) the accused person, unless such accused person is indigent, has | |
| 1130 | - | paid to the clerk of the court an administration fee of twenty-five dollars. | |
| 1131 | - | (f) If the prosecution is suspended, the person shall be released on a | |
| 1132 | - | written promise to appear or on a bond and any other bond posted in | |
| 1133 | - | any criminal proceeding concerning such person shall be terminated. | |
| 1134 | - | (g) If the court denies the motion for suspension of prosecution, the | |
| 1135 | - | state's attorney may proceed with prosecution of the crime. | |
| 1136 | - | (h) A person shall be deemed to be indigent for the purposes of this | |
| 1137 | - | section if the court determines the person (1) has an estate insufficient | |
| 1138 | - | to provide for the person's support or there is no other person legally | |
| 1139 | - | liable or able to support the person, or (2) the person has been | |
| 1140 | - | determined indigent and eligible for representation by a public | |
| 1141 | - | defender who has been appointed on behalf of such person pursuant to | |
| 1142 | - | section 51-296. The court shall not require a person to perform | |
| 1143 | - | community service in lieu of payment of any cost or fee, if a cost or fee | |
| 1144 | - | is waived due to indigency. | |
| 1145 | - | Sec. 19. Section 21a-257 of the general statutes is repealed and the | |
| 1146 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 1147 | - | (a) A person to whom or for whose use any narcotic drug has been | |
| 1148 | - | prescribed, sold or dispensed by a physician, dentist, pharmacist or Substitute House Bill No. 6594 | |
| 856 | + | community service program shall include a fifteen-session drug 707 | |
| 857 | + | education program and a substance abuse treatment program of not less 708 | |
| 858 | + | than fifteen sessions, and the performance of community service. 709 | |
| 859 | + | (b) Upon application by any such person for participation in such 710 | |
| 860 | + | program, the court shall, but only as to the public, order the court file 711 | |
| 861 | + | sealed, and such person shall pay to the court of an application fee of 712 | |
| 862 | + | one hundred dollars and a nonrefundable evaluation fee of one hundred 713 | |
| 863 | + | fifty dollars, except as provided in subsection (l) of this section. A person 714 | |
| 864 | + | shall be ineligible for participation in such pretrial drug education and 715 | |
| 865 | + | community service program if such person has twice previously 716 | |
| 866 | + | participated in (1) the pretrial drug education program established 717 | |
| 867 | + | under the provisions of this section in effect prior to October 1, 2013, (2) 718 | |
| 868 | + | the community service labor program established under section 53a-39c, 719 | |
| 869 | + | as amended by this act, (3) the pretrial drug education and community 720 | |
| 870 | + | service program established under this section, or (4) any of such 721 | |
| 871 | + | programs, except that the court may allow a person who has twice 722 | |
| 872 | + | previously participated in such programs to participate in the pretrial 723 | |
| 873 | + | drug education and community service program one additional time, 724 | |
| 874 | + | for good cause shown. The evaluation and application fee imposed 725 | |
| 875 | + | under this subsection shall be credited to the pretrial account 726 | |
| 876 | + | established under section 54-56k. 727 | |
| 877 | + | (c) The court, after consideration of the recommendation of the state's 728 | |
| 878 | + | attorney, assistant state's attorney or deputy assistant state's attorney in 729 | |
| 879 | + | charge of the case, may, in its discretion, grant such application. If the 730 | |
| 880 | + | court grants such application, the court shall refer such person (1) to the 731 | |
| 881 | + | Court Support Services Division for confirmation of the eligibility of the 732 | |
| 882 | + | applicant, (2) to the Department of Mental Health and Addiction 733 | |
| 883 | + | Services for evaluation and determination of an appropriate drug 734 | |
| 884 | + | education or substance abuse treatment program for the first or second 735 | |
| 885 | + | time such application is granted, and (3) to a state-licensed substance 736 | |
| 886 | + | abuse treatment program for evaluation and determination of an 737 | |
| 887 | + | appropriate substance abuse treatment program for the third time such 738 | |
| 888 | + | application is granted, except that, if such person is a veteran, the court 739 Substitute Bill No. 6594 | |
| 1149 | 889 | ||
| 1150 | - | Public Act No. 21-102 35 of 44 | |
| 1151 | 890 | ||
| 1152 | - | other person authorized under the provisions of section 21a-248, and the | |
| 1153 | - | owner of any animal for which any such drug has been prescribed, sold | |
| 1154 | - | or dispensed may lawfully possess it only in the container in which it | |
| 1155 | - | was delivered to the recipient by the person selling or dispensing the | |
| 1156 | - | same except as may be authorized by regulations adopted [hereunder] | |
| 1157 | - | in accordance with the provisions of chapter 54. | |
| 1158 | - | (b) Any person who fails to keep such narcotic drug in the original | |
| 1159 | - | container as provided in subsection (a) of this section, except as | |
| 1160 | - | provided in subsection (c) of this section, shall be guilty of a class D | |
| 1161 | - | misdemeanor. | |
| 1162 | - | (c) The provisions of subsection (b) of this section shall not apply to | |
| 1163 | - | any person who in good faith places such narcotic drug in either a (1) | |
| 1164 | - | pill box, case or organizer stored within such person's residence, or (2) | |
| 1165 | - | secured or locked pill box, case or organizer, provided such pill box, | |
| 1166 | - | case or organizer is accompanied by proof of such person's prescription. | |
| 1167 | - | Sec. 20. Section 51-164r of the general statutes is repealed and the | |
| 1168 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 1169 | - | (a) Any person charged with an infraction who fails to pay the fine | |
| 1170 | - | and any additional fee imposed or send in [his] a plea of not guilty by | |
| 1171 | - | the answer date or wilfully fails to appear for any scheduled court | |
| 1172 | - | appearance date which may be required shall be guilty of [a class C | |
| 1173 | - | misdemeanor] an unclassified misdemeanor and may be sentenced to a | |
| 1174 | - | term of imprisonment of not more than ten days. | |
| 1175 | - | (b) Any person charged with any violation specified in subsection (b) | |
| 1176 | - | of section 51-164n who fails to pay the fine and any additional fee | |
| 1177 | - | imposed or send in [his] a plea of not guilty by the answer date or | |
| 1178 | - | wilfully fails to appear for any scheduled court appearance date which | |
| 1179 | - | may be required shall be guilty of [a class A misdemeanor] an | |
| 1180 | - | unclassified misdemeanor and may be sentenced to a term of Substitute House Bill No. 6594 | |
| 891 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 892 | + | R02-HB.docx } | |
| 893 | + | 24 of 43 | |
| 1181 | 894 | ||
| 1182 | - | Public Act No. 21-102 36 of 44 | |
| 895 | + | may refer such person to the Department of Veterans Affairs or the 740 | |
| 896 | + | United States Department of Veterans Affairs, as applicable, for any 741 | |
| 897 | + | such evaluation and determination. For the purposes of this subsection 742 | |
| 898 | + | and subsection (d) of this section, "veteran" means any person who was 743 | |
| 899 | + | discharged or released under conditions other than dishonorable from 744 | |
| 900 | + | active service in the armed forces as defined in section 27-103. 745 | |
| 901 | + | (d) (1) (A) Upon confirmation of eligibility and receipt of the 746 | |
| 902 | + | evaluation and determination required under subsection (c) of this 747 | |
| 903 | + | section, such person shall be placed in the pretrial drug education and 748 | |
| 904 | + | community service program and referred by the Court Support Services 749 | |
| 905 | + | Division for the purpose of receiving appropriate drug education 750 | |
| 906 | + | services or substance abuse treatment program services, as 751 | |
| 907 | + | recommended by the evaluation conducted pursuant to subsection (c) 752 | |
| 908 | + | of this section and ordered by the court, to the Department of Mental 753 | |
| 909 | + | Health and Addiction Services or to a state-licensed substance abuse 754 | |
| 910 | + | treatment program for placement in the appropriate drug education or 755 | |
| 911 | + | substance abuse treatment program, except that, if such person is a 756 | |
| 912 | + | veteran, the division may refer such person to the Department of 757 | |
| 913 | + | Veterans Affairs or the United States Department of Veterans Affairs, 758 | |
| 914 | + | subject to the provisions of subdivision (2) of this subsection. 759 | |
| 915 | + | (B) Persons who have been granted entry into the pretrial drug 760 | |
| 916 | + | education and community service program for the first time shall 761 | |
| 917 | + | participate in either a fifteen-session drug education program or a 762 | |
| 918 | + | substance abuse treatment program of not less than fifteen sessions, as 763 | |
| 919 | + | ordered by the court on the basis of the evaluation and determination 764 | |
| 920 | + | required under subsection (c) of this section. Persons who have been 765 | |
| 921 | + | granted entry into the pretrial drug education and community service 766 | |
| 922 | + | program for the second time shall participate in either a fifteen-session 767 | |
| 923 | + | drug education program or a substance abuse treatment program of not 768 | |
| 924 | + | less than fifteen sessions, as ordered by the court based on the 769 | |
| 925 | + | evaluation and determination required under subsection (c) of this 770 | |
| 926 | + | section. Persons who have been granted entry into the pretrial drug 771 | |
| 927 | + | education and community service program for a third time shall be 772 Substitute Bill No. 6594 | |
| 1183 | 928 | ||
| 1184 | - | imprisonment of not more than ten days. | |
| 1185 | - | Sec. 21. Subdivision (1) of subsection (a) of section 18-98d of the | |
| 1186 | - | general statutes is repealed and the following is substituted in lieu | |
| 1187 | - | thereof (Effective October 1, 2021): | |
| 1188 | - | (a) (1) (A) Any person who is confined to a community correctional | |
| 1189 | - | center or a correctional institution for an offense committed on or after | |
| 1190 | - | July 1, 1981, and prior to October 1, 2021, under a mittimus or because | |
| 1191 | - | such person is unable to obtain bail or is denied bail shall, if | |
| 1192 | - | subsequently imprisoned, earn a reduction of such person's sentence | |
| 1193 | - | equal to the number of days which such person spent in such facility | |
| 1194 | - | from the time such person was placed in presentence confinement to the | |
| 1195 | - | time such person began serving the term of imprisonment imposed; | |
| 1196 | - | provided [(A)] (i) each day of presentence confinement shall be counted | |
| 1197 | - | only once for the purpose of reducing all sentences imposed after such | |
| 1198 | - | presentence confinement; and [(B)] (ii) the provisions of this section | |
| 1199 | - | shall only apply to a person for whom the existence of a mittimus, an | |
| 1200 | - | inability to obtain bail or the denial of bail is the sole reason for such | |
| 1201 | - | person's presentence confinement, except that if a person is serving a | |
| 1202 | - | term of imprisonment at the same time such person is in presentence | |
| 1203 | - | confinement on another charge and the conviction for such | |
| 1204 | - | imprisonment is reversed on appeal, such person shall be entitled, in | |
| 1205 | - | any sentence subsequently imposed, to a reduction based on such | |
| 1206 | - | presentence confinement in accordance with the provisions of this | |
| 1207 | - | section. In the case of a fine, each day spent in such confinement prior | |
| 1208 | - | to sentencing shall be credited against the sentence at a per diem rate | |
| 1209 | - | equal to the average daily cost of incarceration as determined by the | |
| 1210 | - | Commissioner of Correction. | |
| 1211 | - | (B) Any person who is confined to a community correctional center | |
| 1212 | - | or a correctional institution for an offense committed on or after October | |
| 1213 | - | 1, 2021, under a mittimus or because such person is unable to obtain bail | |
| 1214 | - | or is denied bail shall, if subsequently imprisoned, earn a reduction of Substitute House Bill No. 6594 | |
| 1215 | 929 | ||
| 1216 | - | Public Act No. 21-102 37 of 44 | |
| 930 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 931 | + | R02-HB.docx } | |
| 932 | + | 25 of 43 | |
| 1217 | 933 | ||
| 1218 | - | such person's sentence equal to the number of days which such person | |
| 1219 | - | spent in such facility from the time such person was placed in | |
| 1220 | - | presentence confinement to the time such person began serving the term | |
| 1221 | - | of imprisonment imposed; provided (i) each day of presentence | |
| 1222 | - | confinement shall be counted equally in reduction of any concurrent | |
| 1223 | - | sentence imposed for any offense pending at the time such sentence was | |
| 1224 | - | imposed; (ii) each day of presentence confinement shall be counted only | |
| 1225 | - | once in reduction of any consecutive sentence so imposed; and (iii) the | |
| 1226 | - | provisions of this section shall only apply to a person for whom the | |
| 1227 | - | existence of a mittimus, an inability to obtain bail or the denial of bail is | |
| 1228 | - | the sole reason for such person's presentence confinement, except that if | |
| 1229 | - | a person is serving a term of imprisonment at the same time such person | |
| 1230 | - | is in presentence confinement on another charge and the conviction for | |
| 1231 | - | which such imprisonment was imposed is reversed on appeal, such | |
| 1232 | - | person shall be entitled, in any sentence subsequently imposed, to a | |
| 1233 | - | reduction based on such presentence confinement in accordance with | |
| 1234 | - | the provisions of this section. In the case of a fine, each day spent in such | |
| 1235 | - | confinement prior to sentencing shall be credited against the sentence at | |
| 1236 | - | a per diem rate equal to the average daily cost of incarceration as | |
| 1237 | - | determined by the Commissioner of Correction. | |
| 1238 | - | Sec. 22. Section 21a-267 of the general statutes is repealed and the | |
| 1239 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 1240 | - | (a) No person shall use or possess with intent to use drug | |
| 1241 | - | paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, | |
| 1242 | - | propagate, cultivate, grow, harvest, manufacture, compound, convert, | |
| 1243 | - | produce, process, prepare, test, analyze, pack, repack, store, contain or | |
| 1244 | - | conceal, or to ingest, inhale or otherwise introduce into the human body, | |
| 1245 | - | any controlled substance, as defined in subdivision (9) of section 21a- | |
| 1246 | - | 240, other than a cannabis-type substance in a quantity of less than one- | |
| 1247 | - | half ounce. Any person who violates any provision of this subsection | |
| 1248 | - | shall be guilty of a class C misdemeanor. Substitute House Bill No. 6594 | |
| 934 | + | referred to a state-licensed substance abuse program for evaluation and 773 | |
| 935 | + | participation in a course of treatment as ordered by the court based on 774 | |
| 936 | + | the evaluation and determination required under subsection (c) of this 775 | |
| 937 | + | section. 776 | |
| 938 | + | (C) Persons who have been granted entry into the pretrial drug 777 | |
| 939 | + | education and community service program shall also participate in a 778 | |
| 940 | + | community service program administered by the Court Support 779 | |
| 941 | + | Services Division pursuant to section 53a-39c, as amended by this act. 780 | |
| 942 | + | Persons who have been granted entry into the pretrial drug education 781 | |
| 943 | + | and community service program for the first time shall participate in the 782 | |
| 944 | + | community service program for a period of five days. Persons who have 783 | |
| 945 | + | been granted entry into the pretrial drug education and community 784 | |
| 946 | + | service program for the second time shall participate in the community 785 | |
| 947 | + | service program for a period of fifteen days. Persons who have been 786 | |
| 948 | + | granted entry into the pretrial drug education and community service 787 | |
| 949 | + | program for a third or additional time shall participate in the 788 | |
| 950 | + | community service program for a period of thirty days. 789 | |
| 951 | + | (D) Placement in the pretrial drug education and community service 790 | |
| 952 | + | program pursuant to this section shall not exceed one year. Persons 791 | |
| 953 | + | receiving substance abuse treatment program services in accordance 792 | |
| 954 | + | with the provisions of this section shall only receive such services at 793 | |
| 955 | + | state-licensed substance abuse treatment program facilities that are in 794 | |
| 956 | + | compliance with all state standards governing the operation of such 795 | |
| 957 | + | facilities, except that, if such person is a veteran, such person may 796 | |
| 958 | + | receive services from facilities under the supervision of the Department 797 | |
| 959 | + | of Veterans Affairs or the United States Department of Veterans Affairs, 798 | |
| 960 | + | subject to the provisions of subdivision (2) of this subsection. 799 | |
| 961 | + | (E) Any person who enters the pretrial drug education and 800 | |
| 962 | + | community service program shall agree: (i) To the tolling of the statute 801 | |
| 963 | + | of limitations with respect to such crime; (ii) to a waiver of such person's 802 | |
| 964 | + | right to a speedy trial; (iii) to complete participation in the pretrial drug 803 | |
| 965 | + | education and community service program, as ordered by the court; (iv) 804 | |
| 966 | + | to commence participation in the pretrial drug education and 805 Substitute Bill No. 6594 | |
| 1249 | 967 | ||
| 1250 | - | Public Act No. 21-102 38 of 44 | |
| 1251 | 968 | ||
| 1252 | - | (b) No person shall deliver, possess with intent to deliver or | |
| 1253 | - | manufacture with intent to deliver drug paraphernalia knowing, or | |
| 1254 | - | under circumstances where one reasonably should know, that it will be | |
| 1255 | - | used to plant, propagate, cultivate, grow, harvest, manufacture, | |
| 1256 | - | compound, convert, produce, process, prepare, test, analyze, pack, | |
| 1257 | - | repack, store, contain or conceal, or to ingest, inhale or otherwise | |
| 1258 | - | introduce into the human body, any controlled substance, other than a | |
| 1259 | - | cannabis-type substance in a quantity of less than one-half ounce. Any | |
| 1260 | - | person who violates any provision of this subsection shall be guilty of a | |
| 1261 | - | class A misdemeanor. | |
| 1262 | - | (c) Any person who violates subsection (a) or (b) of this section [in or | |
| 1263 | - | on, or within one thousand five hundred feet of,] (1) with intent to | |
| 1264 | - | commit such violation at a specific location that the trier of fact | |
| 1265 | - | determines is (A) in or on the real property comprising a public or | |
| 1266 | - | private elementary or secondary school, or (B) within two hundred feet | |
| 1267 | - | of the perimeter of the real property comprising a public or private | |
| 1268 | - | elementary or secondary school, and (2) who is not enrolled as a student | |
| 1269 | - | in such school shall be imprisoned for a term of one year which shall not | |
| 1270 | - | be suspended and shall be in addition and consecutive to any term of | |
| 1271 | - | imprisonment imposed for violation of subsection (a) or (b) of this | |
| 1272 | - | section. | |
| 1273 | - | (d) No person shall (1) use or possess with intent to use drug | |
| 1274 | - | paraphernalia to plant, propagate, cultivate, grow, harvest, | |
| 1275 | - | manufacture, compound, convert, produce, process, prepare, test, | |
| 1276 | - | analyze, pack, repack, store, contain or conceal, or to ingest, inhale or | |
| 1277 | - | otherwise introduce into the human body, less than one-half ounce of a | |
| 1278 | - | cannabis-type substance, or (2) deliver, possess with intent to deliver or | |
| 1279 | - | manufacture with intent to deliver drug paraphernalia knowing, or | |
| 1280 | - | under circumstances where one reasonably should know, that it will be | |
| 1281 | - | used to plant, propagate, cultivate, grow, harvest, manufacture, | |
| 1282 | - | compound, convert, produce, process, prepare, test, analyze, pack, Substitute House Bill No. 6594 | |
| 969 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 970 | + | R02-HB.docx } | |
| 971 | + | 26 of 43 | |
| 1283 | 972 | ||
| 1284 | - | Public Act No. 21-102 39 of 44 | |
| 973 | + | community service program not later than ninety days after the date of 806 | |
| 974 | + | entry of the court order unless granted a delayed entry into the program 807 | |
| 975 | + | by the court; and (v) upon completion of participation in the pretrial 808 | |
| 976 | + | drug education and community service program, to accept (I) placement 809 | |
| 977 | + | in a treatment program upon the recommendation of a provider under 810 | |
| 978 | + | contract with the Department of Mental Health and Addiction Services 811 | |
| 979 | + | or a provider under the supervision of the Department of Veterans 812 | |
| 980 | + | Affairs or the United States Department of Veterans Affairs, or (II) 813 | |
| 981 | + | placement in a treatment program that has standards substantially 814 | |
| 982 | + | similar to, or higher than, a program of a provider under contract with 815 | |
| 983 | + | the Department of Mental Health and Addiction Services, if the Court 816 | |
| 984 | + | Support Services Division deems it appropriate. 817 | |
| 985 | + | (2) The Court Support Services Division may only refer a veteran to 818 | |
| 986 | + | the Department of Veterans Affairs or the United States Department of 819 | |
| 987 | + | Veterans Affairs for the receipt of services under the program if (A) the 820 | |
| 988 | + | division determines that such services will be provided in a timely 821 | |
| 989 | + | manner under standards substantially similar to, or higher than, 822 | |
| 990 | + | standards for services provided by the Department of Mental Health 823 | |
| 991 | + | and Addiction Services under the program, and (B) the applicable 824 | |
| 992 | + | department agrees to submit timely program participation and 825 | |
| 993 | + | completion reports to the division in the manner required by the 826 | |
| 994 | + | division. 827 | |
| 995 | + | (e) If the Court Support Services Division informs the court that such 828 | |
| 996 | + | person is ineligible for the program and the court makes a determination 829 | |
| 997 | + | of ineligibility or if the program provider certifies to the court that such 830 | |
| 998 | + | person did not successfully complete the assigned program and such 831 | |
| 999 | + | person did not request, or the court denied, reinstatement in the 832 | |
| 1000 | + | program under subsection (i) of this section, the court shall order the 833 | |
| 1001 | + | court file to be unsealed, enter a plea of not guilty for such person and 834 | |
| 1002 | + | immediately place the case on the trial list. 835 | |
| 1003 | + | (f) If such person satisfactorily completes the assigned program, such 836 | |
| 1004 | + | person may apply for dismissal of the charges against such person and 837 | |
| 1005 | + | the court, on reviewing the record of such person's participation in such 838 Substitute Bill No. 6594 | |
| 1285 | 1006 | ||
| 1286 | - | repack, store, contain or conceal, or to ingest, inhale or otherwise | |
| 1287 | - | introduce into the human body, less than one-half ounce of a cannabis- | |
| 1288 | - | type substance. Any person who violates any provision of this | |
| 1289 | - | subsection shall have committed an infraction. | |
| 1290 | - | (e) The provisions of subsection (a) of this section shall not apply to | |
| 1291 | - | any person (1) who in good faith, seeks medical assistance for another | |
| 1292 | - | person who such person reasonably believes is experiencing an | |
| 1293 | - | overdose from the ingestion, inhalation or injection of intoxicating | |
| 1294 | - | liquor or any drug or substance, (2) for whom another person, in good | |
| 1295 | - | faith, seeks medical assistance, reasonably believing such person is | |
| 1296 | - | experiencing an overdose from the ingestion, inhalation or injection of | |
| 1297 | - | intoxicating liquor or any drug or substance, or (3) who reasonably | |
| 1298 | - | believes he or she is experiencing an overdose from the ingestion, | |
| 1299 | - | inhalation or injection of intoxicating liquor or any drug or substance | |
| 1300 | - | and, in good faith, seeks medical assistance for himself or herself, if | |
| 1301 | - | evidence of the use or possession of drug paraphernalia in violation of | |
| 1302 | - | said subsection was obtained as a result of the seeking of such medical | |
| 1303 | - | assistance. For the purposes of this subsection, "good faith" does not | |
| 1304 | - | include seeking medical assistance during the course of the execution of | |
| 1305 | - | an arrest warrant or search warrant or a lawful search. | |
| 1306 | - | Sec. 23. Section 21a-278a of the general statutes is repealed and the | |
| 1307 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 1308 | - | (a) Any person eighteen years of age or older who violates section | |
| 1309 | - | 21a-277 or 21a-278, and who is not, at the time of such action, a drug- | |
| 1310 | - | dependent person, by distributing, selling, prescribing, dispensing, | |
| 1311 | - | offering, giving or administering any controlled substance to another | |
| 1312 | - | person who is under eighteen years of age and is at least two years | |
| 1313 | - | younger than such person who is in violation of section 21a-277 or 21a- | |
| 1314 | - | 278, shall be imprisoned for a term of two years, which shall not be | |
| 1315 | - | suspended and shall be in addition and consecutive to any term of | |
| 1316 | - | imprisonment imposed for violation of section 21a-277 or 21a-278. Substitute House Bill No. 6594 | |
| 1317 | 1007 | ||
| 1318 | - | Public Act No. 21-102 40 of 44 | |
| 1008 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 1009 | + | R02-HB.docx } | |
| 1010 | + | 27 of 43 | |
| 1319 | 1011 | ||
| 1320 | - | (b) Any person who violates section 21a-277 or 21a-278 by | |
| 1321 | - | manufacturing, distributing, selling, prescribing, dispensing, | |
| 1322 | - | compounding, transporting with the intent to sell or dispense, | |
| 1323 | - | possessing with the intent to sell or dispense, offering, giving or | |
| 1324 | - | administering to another person any controlled substance [in or on, or | |
| 1325 | - | within one thousand five hundred feet of,] with intent to commit such | |
| 1326 | - | violation at a specific location that the trier of fact determines is (1) in or | |
| 1327 | - | on the real property comprising a (A) public or private elementary or | |
| 1328 | - | secondary school, [a] (B) public housing project, or [a] (C) licensed child | |
| 1329 | - | care center, as defined in section 19a-77, that is identified as a child care | |
| 1330 | - | center by a sign posted in a conspicuous place, or (2) within two | |
| 1331 | - | hundred feet of the perimeter of the real property comprising such (A) | |
| 1332 | - | public or private elementary or secondary school, (B) public housing | |
| 1333 | - | project, or (C) licensed child care center, shall be imprisoned for a term | |
| 1334 | - | of three years, which shall not be suspended and shall be in addition | |
| 1335 | - | and consecutive to any term of imprisonment imposed for violation of | |
| 1336 | - | section 21a-277 or 21a-278. To constitute a violation of this subsection, | |
| 1337 | - | an act of transporting or possessing a controlled substance shall be with | |
| 1338 | - | intent to sell or dispense in or on, or within [one thousand five] two | |
| 1339 | - | hundred feet of the perimeter of, the real property comprising a public | |
| 1340 | - | or private elementary or secondary school, a public housing project or a | |
| 1341 | - | licensed child care center, as defined in section 19a-77, that is identified | |
| 1342 | - | as a child care center by a sign posted in a conspicuous place. For the | |
| 1343 | - | purposes of this subsection, "public housing project" means dwelling | |
| 1344 | - | accommodations operated as a state or federally subsidized multifamily | |
| 1345 | - | housing project by a housing authority, nonprofit corporation or | |
| 1346 | - | municipal developer, as defined in section 8-39, pursuant to chapter 128 | |
| 1347 | - | or by the Connecticut Housing Authority pursuant to chapter 129. | |
| 1348 | - | (c) Any person who employs, hires, uses, persuades, induces, entices | |
| 1349 | - | or coerces a person under eighteen years of age to violate section 21a- | |
| 1350 | - | 277 or 21a-278 shall be imprisoned for a term of three years, which shall | |
| 1351 | - | not be suspended and shall be in addition and consecutive to any term Substitute House Bill No. 6594 | |
| 1012 | + | program submitted by the Court Support Services Division and on 839 | |
| 1013 | + | finding such satisfactory completion, shall dismiss the charges. If such 840 | |
| 1014 | + | person does not apply for dismissal of the charges against such person 841 | |
| 1015 | + | after satisfactorily completing the assigned program, the court, upon 842 | |
| 1016 | + | receipt of the record of such person's participation in such program 843 | |
| 1017 | + | submitted by the Court Support Services Division, may on its own 844 | |
| 1018 | + | motion make a finding of such satisfactory completion and dismiss the 845 | |
| 1019 | + | charges. Upon motion of such person and a showing of good cause, the 846 | |
| 1020 | + | court may extend the placement period for a reasonable period of time 847 | |
| 1021 | + | to allow such person to complete the assigned program. A record of 848 | |
| 1022 | + | participation in such program shall be retained by the Court Support 849 | |
| 1023 | + | Services Division for a period of ten years from the date the court grants 850 | |
| 1024 | + | the application for participation in the program. 851 | |
| 1025 | + | (g) At the time the court grants the application for participation in the 852 | |
| 1026 | + | pretrial drug education and community service program, any person 853 | |
| 1027 | + | ordered to participate in such drug education program shall pay to the 854 | |
| 1028 | + | court a nonrefundable program fee of six hundred dollars. If the court 855 | |
| 1029 | + | orders participation in a substance abuse treatment program, such 856 | |
| 1030 | + | person shall pay to the court a nonrefundable program fee of one 857 | |
| 1031 | + | hundred dollars and shall be responsible for the costs associated with 858 | |
| 1032 | + | such program. No person may be excluded from any such program for 859 | |
| 1033 | + | inability to pay such fee or cost, [provided (1) such person files with the 860 | |
| 1034 | + | court an affidavit of indigency or inability to pay, (2) such indigency or 861 | |
| 1035 | + | inability to pay is confirmed by the Court Support Services Division, 862 | |
| 1036 | + | and (3) the court enters a finding thereof. The court may waive all or any 863 | |
| 1037 | + | portion of such fee depending on such person's ability to pay] and the 864 | |
| 1038 | + | court shall waive any such fee or cost if such person is found eligible to 865 | |
| 1039 | + | have such fee or cost waived under subsection (l) of this section. If the 866 | |
| 1040 | + | court [finds that a person is indigent or unable to pay] waives the costs 867 | |
| 1041 | + | for a substance abuse treatment program, the costs of such program 868 | |
| 1042 | + | shall be paid from the pretrial account established under section 54-56k. 869 | |
| 1043 | + | If the court denies the application, such person shall not be required to 870 | |
| 1044 | + | pay the program fee. If the court grants the application, and such person 871 | |
| 1045 | + | is later determined to be ineligible for participation in such pretrial drug 872 Substitute Bill No. 6594 | |
| 1352 | 1046 | ||
| 1353 | - | Public Act No. 21-102 41 of 44 | |
| 1354 | 1047 | ||
| 1355 | - | of imprisonment imposed for violation of section 21a-277 or 21a-278. | |
| 1356 | - | Sec. 24. Section 21a-279 of the general statutes is repealed and the | |
| 1357 | - | following is substituted in lieu thereof (Effective October 1, 2021): | |
| 1358 | - | (a) (1) Any person who possesses or has under such person's control | |
| 1359 | - | any quantity of any controlled substance, except less than one-half | |
| 1360 | - | ounce of a cannabis-type substance and except as authorized in this | |
| 1361 | - | chapter, shall be guilty of a class A misdemeanor. | |
| 1362 | - | (2) For a second offense of subdivision (1) of this subsection, the court | |
| 1363 | - | shall evaluate such person and, if the court determines such person is a | |
| 1364 | - | drug-dependent person, the court may suspend prosecution of such | |
| 1365 | - | person and order such person to undergo a substance abuse treatment | |
| 1366 | - | program. | |
| 1367 | - | (3) For any subsequent offense of subdivision (1) of this subsection, | |
| 1368 | - | the court may find such person to be a persistent offender for possession | |
| 1369 | - | of a controlled substance in accordance with section 53a-40, as amended | |
| 1370 | - | by this act. | |
| 1371 | - | (b) Any person who violates subsection (a) of this section with intent | |
| 1372 | - | to commit such violation at a specific location that the trier of fact | |
| 1373 | - | determines is in or on, or within [one thousand five] two hundred feet | |
| 1374 | - | of [,] the perimeter of the real property comprising a (1) public or private | |
| 1375 | - | elementary or secondary school and who is not enrolled as a student in | |
| 1376 | - | such school, or [a] (2) licensed child care center, as defined in section | |
| 1377 | - | 19a-77, that is identified as a child care center by a sign posted in a | |
| 1378 | - | conspicuous place, shall be guilty of a class A misdemeanor and shall be | |
| 1379 | - | sentenced to a term of imprisonment and a period of probation during | |
| 1380 | - | which such person shall perform community service as a condition of | |
| 1381 | - | such probation, in a manner ordered by the court. | |
| 1382 | - | (c) To the extent that it is possible, medical treatment rather than | |
| 1383 | - | criminal sanctions shall be afforded individuals who breathe, inhale, Substitute House Bill No. 6594 | |
| 1048 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 1049 | + | R02-HB.docx } | |
| 1050 | + | 28 of 43 | |
| 1384 | 1051 | ||
| 1385 | - | Public Act No. 21-102 42 of 44 | |
| 1052 | + | education and community service program or fails to complete the 873 | |
| 1053 | + | assigned program, the program fee shall not be refunded. All program 874 | |
| 1054 | + | fees shall be credited to the pretrial account established under section 875 | |
| 1055 | + | 54-56k. 876 | |
| 1056 | + | (h) If a person returns to court with certification from a program 877 | |
| 1057 | + | provider that such person did not successfully complete the assigned 878 | |
| 1058 | + | program or is no longer amenable to treatment, the provider, to the 879 | |
| 1059 | + | extent practicable, shall include a recommendation to the court as to 880 | |
| 1060 | + | whether placement in a drug education program or placement in a 881 | |
| 1061 | + | substance abuse treatment program would best serve such person's 882 | |
| 1062 | + | needs. The provider shall also indicate whether the current program 883 | |
| 1063 | + | referral was an initial referral or a reinstatement to the program. 884 | |
| 1064 | + | (i) When a person subsequently requests reinstatement into a drug 885 | |
| 1065 | + | education program or a substance abuse treatment program and the 886 | |
| 1066 | + | Court Support Services Division verifies that such person is eligible for 887 | |
| 1067 | + | reinstatement into such program and thereafter the court favorably acts 888 | |
| 1068 | + | on such request, any person reinstated into such drug education 889 | |
| 1069 | + | program shall pay a nonrefundable program fee of two hundred fifty 890 | |
| 1070 | + | dollars, and any person reinstated into a substance abuse treatment 891 | |
| 1071 | + | program shall be responsible for the costs, if any, associated with being 892 | |
| 1072 | + | reinstated into the treatment program, [. Unless good cause is shown, 893 | |
| 1073 | + | such program fee shall not be waived] unless such person is found 894 | |
| 1074 | + | eligible to have such fee or costs waived under subsection (l) of this 895 | |
| 1075 | + | section. All program fees collected in connection with a reinstatement to 896 | |
| 1076 | + | a drug education program shall be credited to the pretrial account 897 | |
| 1077 | + | established under section 54-56k. No person shall be permitted more 898 | |
| 1078 | + | than two program reinstatements pursuant to this subsection. 899 | |
| 1079 | + | (j) The Department of Mental Health and Addiction Services shall 900 | |
| 1080 | + | develop standards and oversee appropriate drug education programs 901 | |
| 1081 | + | that it administers to meet the requirements of this section and may 902 | |
| 1082 | + | contract with service providers to provide such programs. The 903 | |
| 1083 | + | department shall adopt regulations, in accordance with chapter 54, to 904 | |
| 1084 | + | establish standards for such drug education programs. 905 Substitute Bill No. 6594 | |
| 1386 | 1085 | ||
| 1387 | - | sniff or drink the volatile substances described in subdivision (49) of | |
| 1388 | - | section 21a-240. | |
| 1389 | - | (d) The provisions of subsection (a) of this section shall not apply to | |
| 1390 | - | any person (1) who in good faith, seeks medical assistance for another | |
| 1391 | - | person who such person reasonably believes is experiencing an | |
| 1392 | - | overdose from the ingestion, inhalation or injection of intoxicating | |
| 1393 | - | liquor or any drug or substance, (2) for whom another person, in good | |
| 1394 | - | faith, seeks medical assistance, reasonably believing such person is | |
| 1395 | - | experiencing an overdose from the ingestion, inhalation or injection of | |
| 1396 | - | intoxicating liquor or any drug or substance, or (3) who reasonably | |
| 1397 | - | believes he or she is experiencing an overdose from the ingestion, | |
| 1398 | - | inhalation or injection of intoxicating liquor or any drug or substance | |
| 1399 | - | and, in good faith, seeks medical assistance for himself or herself, if | |
| 1400 | - | evidence of the possession or control of a controlled substance in | |
| 1401 | - | violation of subsection (a) of this section was obtained as a result of the | |
| 1402 | - | seeking of such medical assistance. For the purposes of this subsection, | |
| 1403 | - | "good faith" does not include seeking medical assistance during the | |
| 1404 | - | course of the execution of an arrest warrant or search warrant or a lawful | |
| 1405 | - | search. | |
| 1406 | - | (e) No provision of this section shall be construed to alter or modify | |
| 1407 | - | the meaning of the provisions of section 21a-278. | |
| 1408 | - | Sec. 25. Section 53a-39 of the general statutes is repealed and the | |
| 1409 | - | following is substituted in lieu thereof (Effective from passage): | |
| 1410 | - | (a) [At] Except as provided in subsection (b) of this section, at any | |
| 1411 | - | time during [the period of a definite sentence of three years or less] an | |
| 1412 | - | executed period of incarceration, the sentencing court or judge may, | |
| 1413 | - | after hearing and for good cause shown, reduce the sentence, order the | |
| 1414 | - | defendant discharged, or order the defendant discharged on probation | |
| 1415 | - | or conditional discharge for a period not to exceed that to which the | |
| 1416 | - | defendant could have been originally sentenced. Substitute House Bill No. 6594 | |
| 1417 | 1086 | ||
| 1418 | - | Public Act No. 21-102 43 of 44 | |
| 1087 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 1088 | + | R02-HB.docx } | |
| 1089 | + | 29 of 43 | |
| 1419 | 1090 | ||
| 1420 | - | (b) At any time during the period of a [definite] sentence in which a | |
| 1421 | - | defendant has been sentenced to an executed period of incarceration of | |
| 1422 | - | more than [three] seven years as a result of a plea agreement, including | |
| 1423 | - | an agreement in which there is an agreed upon range of sentence, upon | |
| 1424 | - | agreement of the defendant and the state's attorney to seek review of the | |
| 1425 | - | sentence, the sentencing court or judge may, after hearing and for good | |
| 1426 | - | cause shown, reduce the sentence, order the defendant discharged, or | |
| 1427 | - | order the defendant discharged on probation or conditional discharge | |
| 1428 | - | for a period not to exceed that to which the defendant could have been | |
| 1429 | - | originally sentenced. | |
| 1430 | - | (c) If, after a hearing pursuant to this section, the sentencing court or | |
| 1431 | - | judge denies a motion to reduce a defendant's sentence or discharge the | |
| 1432 | - | defendant, the defendant may not file a subsequent motion for relief | |
| 1433 | - | under this section until five years have elapsed from the date of the most | |
| 1434 | - | recent decision denying such defendant relief pursuant to this section. | |
| 1435 | - | [(c)] (d) The provisions of this section shall not apply to any portion | |
| 1436 | - | of a sentence imposed that is a mandatory minimum sentence for an | |
| 1437 | - | offense which may not be suspended or reduced by the court. | |
| 1438 | - | [(d)] (e) At a hearing held by the sentencing court or judge under this | |
| 1439 | - | section, such court or judge shall permit any victim of the crime to | |
| 1440 | - | appear before the court or judge for the purpose of making a statement | |
| 1441 | - | for the record concerning whether or not the sentence of the defendant | |
| 1442 | - | should be reduced, the defendant should be discharged or the | |
| 1443 | - | defendant should be discharged on probation or conditional discharge | |
| 1444 | - | pursuant to subsection (a) or (b) of this section. In lieu of such | |
| 1445 | - | appearance, the victim may submit a written statement to the court or | |
| 1446 | - | judge and the court or judge shall make such statement a part of the | |
| 1447 | - | record at the hearing. For the purposes of this subsection, "victim" | |
| 1448 | - | means the victim, the legal representative of the victim or a member of | |
| 1449 | - | the deceased victim's immediate family. Substitute House Bill No. 6594 | |
| 1091 | + | (k) Any person whose employment or residence or schooling makes 906 | |
| 1092 | + | it unreasonable to attend a drug education program or substance abuse 907 | |
| 1093 | + | treatment program in this state may attend a program in another state 908 | |
| 1094 | + | that has standards similar to, or higher than, those of this state, subject 909 | |
| 1095 | + | to the approval of the court and payment of the program fee or costs as 910 | |
| 1096 | + | provided in this section. 911 | |
| 1097 | + | (l) The court shall waive any fee or cost under subsection (b), (g) or 912 | |
| 1098 | + | (i) of this section for any person who (1) files with the court an affidavit 913 | |
| 1099 | + | of indigency or inability to pay, has such indigency confirmed by the 914 | |
| 1100 | + | Court Support Services Division and the court enters a finding thereof, 915 | |
| 1101 | + | or (2) has been determined indigent and eligible for representation by a 916 | |
| 1102 | + | public defender who has been appointed on behalf of such person 917 | |
| 1103 | + | pursuant to section 51-296. The court shall not require a person to 918 | |
| 1104 | + | perform community service in lieu of payment of such fee or cost, if such 919 | |
| 1105 | + | fee or cost is waived. 920 | |
| 1106 | + | Sec. 18. Subsection (f) of section 54-56j of the general statutes is 921 | |
| 1107 | + | repealed and the following is substituted in lieu thereof (Effective October 922 | |
| 1108 | + | 1, 2021): 923 | |
| 1109 | + | (f) The cost of participation in such program shall be paid by the 924 | |
| 1110 | + | parent or guardian of such student, except that no student shall be 925 | |
| 1111 | + | excluded from such program for inability to pay such cost provided (1) 926 | |
| 1112 | + | the parent or guardian of such student files with the court an affidavit 927 | |
| 1113 | + | of indigency or inability to pay [,] and [(2)] the court enters a finding 928 | |
| 1114 | + | thereof, or (2) the parent or guardian of such student has been 929 | |
| 1115 | + | determined indigent and such student is eligible for representation by a 930 | |
| 1116 | + | public defender who has been appointed on behalf of such student 931 | |
| 1117 | + | pursuant to section 51-296. The court shall not require a person to 932 | |
| 1118 | + | perform community service in lieu of payment of such cost, if such cost 933 | |
| 1119 | + | is waived. 934 | |
| 1120 | + | Sec. 19. Subsection (i) of section 46b-38c of the general statutes is 935 | |
| 1121 | + | repealed and the following is substituted in lieu thereof (Effective October 936 | |
| 1122 | + | 1, 2021): 937 Substitute Bill No. 6594 | |
| 1450 | 1123 | ||
| 1451 | - | Public Act No. 21-102 44 of 44 | |
| 1452 | 1124 | ||
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| 1126 | + | R02-HB.docx } | |
| 1127 | + | 30 of 43 | |
| 1128 | + | ||
| 1129 | + | (i) A nonrefundable application fee of one hundred dollars shall be 938 | |
| 1130 | + | paid to the court by any person who files a motion pursuant to 939 | |
| 1131 | + | subdivision (1) of subsection (h) of this section to participate in the 940 | |
| 1132 | + | pretrial family violence education program, and a fee of three hundred 941 | |
| 1133 | + | dollars shall be paid to the court by any person who enters the family 942 | |
| 1134 | + | violence education program, except that no person shall be excluded 943 | |
| 1135 | + | from such program for inability to pay any such fee, provided (1) the 944 | |
| 1136 | + | person files with the court an affidavit of indigency or inability to pay 945 | |
| 1137 | + | [,] and [(2)] the court enters a finding thereof, or (2) such person has been 946 | |
| 1138 | + | determined indigent and eligible for representation by a public 947 | |
| 1139 | + | defender who has been appointed on behalf of such person pursuant to 948 | |
| 1140 | + | section 51-296. The court shall not require a person to perform 949 | |
| 1141 | + | community service in lieu of payment of such fee, if such fee is waived. 950 | |
| 1142 | + | All such fees shall be credited to the General Fund. 951 | |
| 1143 | + | Sec. 20. Section 17a-694 of the general statutes is repealed and the 952 | |
| 1144 | + | following is substituted in lieu thereof (Effective October 1, 2021): 953 | |
| 1145 | + | (a) The Commissioner of Mental Health and Addiction Services or 954 | |
| 1146 | + | the commissioner's designee shall appoint one or more clinical 955 | |
| 1147 | + | examiners to conduct examinations for alcohol or drug dependency 956 | |
| 1148 | + | ordered pursuant to the provisions of section 17a-693. Each examiner 957 | |
| 1149 | + | shall be authorized by the department to conduct independent 958 | |
| 1150 | + | evaluations. 959 | |
| 1151 | + | (b) (1) The examiner shall determine whether the person being 960 | |
| 1152 | + | examined was an alcohol-dependent or drug-dependent person at the 961 | |
| 1153 | + | time of the crime. The commissioner shall disclose to the examiner 962 | |
| 1154 | + | information contained in the Department of Mental Health and 963 | |
| 1155 | + | Addiction Service's database concerning the date that the person 964 | |
| 1156 | + | received treatment for alcohol or drug dependence, if at all, and the 965 | |
| 1157 | + | location where such treatment was provided, for the purpose of 966 | |
| 1158 | + | allowing the examiner to request a release of treatment information 967 | |
| 1159 | + | from the department for the person. 968 | |
| 1160 | + | (2) If such person is determined to have been dependent on alcohol 969 Substitute Bill No. 6594 | |
| 1161 | + | ||
| 1162 | + | ||
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| 1165 | + | 31 of 43 | |
| 1166 | + | ||
| 1167 | + | or drugs, the examiner shall further determine (A) the history and 970 | |
| 1168 | + | pattern of the dependency, and (B) whether the person presently needs 971 | |
| 1169 | + | and is likely to benefit from treatment for the dependency. If the 972 | |
| 1170 | + | examiner determines that the person presently needs and is likely to 973 | |
| 1171 | + | benefit from treatment, the examiner shall recommend treatment and 974 | |
| 1172 | + | state the date when space will be available in an appropriate treatment 975 | |
| 1173 | + | program, provided such date shall not be more than forty-five days 976 | |
| 1174 | + | from the date of the examination report. A recommendation for 977 | |
| 1175 | + | treatment shall include provisions for appropriate placement and the 978 | |
| 1176 | + | type and length of treatment and may include provisions for outpatient 979 | |
| 1177 | + | treatment. 980 | |
| 1178 | + | (c) The examiner shall prepare and sign, without notarization, a 981 | |
| 1179 | + | written examination report and deliver it to the court, the Court Support 982 | |
| 1180 | + | Services Division, the state's attorney and defense counsel no later than 983 | |
| 1181 | + | thirty days after the examination was ordered. An examination report 984 | |
| 1182 | + | ordered pursuant to this section and section 17a-693 shall otherwise be 985 | |
| 1183 | + | confidential and not open to public inspection or subject to disclosure. 986 | |
| 1184 | + | (d) No statement made by the person in the course of an examination 987 | |
| 1185 | + | under the provisions of this section may be admitted in evidence on the 988 | |
| 1186 | + | issue of guilt in a criminal proceeding concerning the person. 989 | |
| 1187 | + | (e) No person shall be denied an examination or participation in a 990 | |
| 1188 | + | program under this section for inability to pay any cost or fee associated 991 | |
| 1189 | + | with such examination or program, provided (1) the person files with 992 | |
| 1190 | + | the court an affidavit of indigency or inability to pay and the court enters 993 | |
| 1191 | + | a finding thereof, or (2) such person has been determined indigent and 994 | |
| 1192 | + | eligible for representation by a public defender who has been appointed 995 | |
| 1193 | + | on behalf of such person pursuant to section 51-296. The court shall not 996 | |
| 1194 | + | require a person to perform community service in lieu of payment of 997 | |
| 1195 | + | such cost or fee, if such cost or fee is waived. 998 | |
| 1196 | + | Sec. 21. Section 17a-696 of the general statutes is repealed and the 999 | |
| 1197 | + | following is substituted in lieu thereof (Effective October 1, 2021): 1000 Substitute Bill No. 6594 | |
| 1198 | + | ||
| 1199 | + | ||
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| 1202 | + | 32 of 43 | |
| 1203 | + | ||
| 1204 | + | (a) The provisions of this section shall not apply to any person 1001 | |
| 1205 | + | charged with a violation of section 14-227a, 14-227g or 14-227m, 1002 | |
| 1206 | + | subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a-1003 | |
| 1207 | + | 56b or 53a-60d or with a class A, B or C felony or to any person who was 1004 | |
| 1208 | + | twice previously ordered treated under this section, subsection (i) of 1005 | |
| 1209 | + | section 17-155y, section 19a-386 or section 21a-284 of the general statutes 1006 | |
| 1210 | + | revised to 1989, or any combination thereof. The court may waive the 1007 | |
| 1211 | + | ineligibility provisions of this subsection for any person, except that the 1008 | |
| 1212 | + | court shall not waive the ineligibility provisions of this subsection for 1009 | |
| 1213 | + | any person charged with a violation of section 14-227a, 14-227g, 53a-56b 1010 | |
| 1214 | + | or 53a-60d if, at the time of the offense, such person was operating a 1011 | |
| 1215 | + | commercial vehicle, as defined in section 14-1, or held a commercial 1012 | |
| 1216 | + | driver's license or a commercial driver's instruction permit. 1013 | |
| 1217 | + | (b) The court may order suspension of prosecution and order 1014 | |
| 1218 | + | treatment for alcohol or drug dependency as provided in this section 1015 | |
| 1219 | + | and sections 17a-697 and 17a-698 if it, after considering information 1016 | |
| 1220 | + | before it concerning the alcohol or drug dependency of the person, 1017 | |
| 1221 | + | including the examination report made pursuant to the provisions of 1018 | |
| 1222 | + | section 17a-694, as amended by this act, finds that (1) the accused person 1019 | |
| 1223 | + | was an alcohol-dependent or drug-dependent person at the time of the 1020 | |
| 1224 | + | crime, (2) the person presently needs and is likely to benefit from 1021 | |
| 1225 | + | treatment for the dependency, and (3) suspension of prosecution will 1022 | |
| 1226 | + | advance the interests of justice. Treatment may begin no earlier than the 1023 | |
| 1227 | + | date the clinical examiner reports under the provisions of section 17a-1024 | |
| 1228 | + | 694, as amended by this act, that space is available in a treatment 1025 | |
| 1229 | + | program. Upon application by any such person for participation in a 1026 | |
| 1230 | + | treatment program, the court shall, but only as to the public, order the 1027 | |
| 1231 | + | court file sealed. 1028 | |
| 1232 | + | (c) A suspension of prosecution ordered under the provisions of 1029 | |
| 1233 | + | subsection (b) of this section may be for a period not exceeding two 1030 | |
| 1234 | + | years. During the period of suspension, an accused person shall be 1031 | |
| 1235 | + | placed in the custody of the Court Support Services Division for 1032 | |
| 1236 | + | treatment for alcohol or drug dependency. The court or the Court 1033 Substitute Bill No. 6594 | |
| 1237 | + | ||
| 1238 | + | ||
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| 1241 | + | 33 of 43 | |
| 1242 | + | ||
| 1243 | + | Support Services Division may require that the person (1) comply with 1034 | |
| 1244 | + | any of the conditions specified in subsections (a) and (b) of section 53a-1035 | |
| 1245 | + | 30, and (2) be tested for use of alcohol or drugs during the period of 1036 | |
| 1246 | + | suspension. The accused person shall, unless indigent, pay the cost of 1037 | |
| 1247 | + | treatment ordered under this section. 1038 | |
| 1248 | + | (d) If prosecution is suspended under the provisions of subsection (b) 1039 | |
| 1249 | + | of this section, (1) the statute of limitations applicable to the crime 1040 | |
| 1250 | + | charged shall be tolled during the period of suspension, and (2) the 1041 | |
| 1251 | + | accused person shall be deemed to have waived such accused person's 1042 | |
| 1252 | + | right to a speedy trial for the crime charged. 1043 | |
| 1253 | + | (e) The court shall not suspend prosecution under subsection (b) of 1044 | |
| 1254 | + | this section unless (1) the accused person has acknowledged that he or 1045 | |
| 1255 | + | she understands the consequences of the suspension of prosecution, (2) 1046 | |
| 1256 | + | the accused person has given notice, by registered or certified mail on a 1047 | |
| 1257 | + | form prescribed by the Chief Court Administrator, to the victim, if any, 1048 | |
| 1258 | + | of the crime of which the person is accused and of the pending motion 1049 | |
| 1259 | + | for suspension of prosecution, (3) such victim, if any, has been given an 1050 | |
| 1260 | + | opportunity to be heard on the motion for suspension of prosecution, 1051 | |
| 1261 | + | and (4) the accused person, unless such accused person is indigent, has 1052 | |
| 1262 | + | paid to the clerk of the court an administration fee of twenty-five dollars. 1053 | |
| 1263 | + | (f) If the prosecution is suspended, the person shall be released on a 1054 | |
| 1264 | + | written promise to appear or on a bond and any other bond posted in 1055 | |
| 1265 | + | any criminal proceeding concerning such person shall be terminated. 1056 | |
| 1266 | + | (g) If the court denies the motion for suspension of prosecution, the 1057 | |
| 1267 | + | state's attorney may proceed with prosecution of the crime. 1058 | |
| 1268 | + | (h) A person shall be deemed to be indigent for the purposes of this 1059 | |
| 1269 | + | section if the court determines the person (1) has an estate insufficient 1060 | |
| 1270 | + | to provide for the person's support or there is no other person legally 1061 | |
| 1271 | + | liable or able to support the person, or (2) the person has been 1062 | |
| 1272 | + | determined indigent and eligible for representation by a public 1063 | |
| 1273 | + | defender who has been appointed on behalf of such person pursuant to 1064 Substitute Bill No. 6594 | |
| 1274 | + | ||
| 1275 | + | ||
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| 1278 | + | 34 of 43 | |
| 1279 | + | ||
| 1280 | + | section 51-296. The court shall not require a person to perform 1065 | |
| 1281 | + | community service in lieu of payment of any cost or fee, if a cost or fee 1066 | |
| 1282 | + | is waived due to indigency. 1067 | |
| 1283 | + | Sec. 22. Section 21a-257 of the general statutes is repealed and the 1068 | |
| 1284 | + | following is substituted in lieu thereof (Effective October 1, 2021): 1069 | |
| 1285 | + | (a) A person to whom or for whose use any narcotic drug has been 1070 | |
| 1286 | + | prescribed, sold or dispensed by a physician, dentist, pharmacist or 1071 | |
| 1287 | + | other person authorized under the provisions of section 21a-248, and the 1072 | |
| 1288 | + | owner of any animal for which any such drug has been prescribed, sold 1073 | |
| 1289 | + | or dispensed may lawfully possess it only in the container in which it 1074 | |
| 1290 | + | was delivered to the recipient by the person selling or dispensing the 1075 | |
| 1291 | + | same except as may be authorized by regulations adopted [hereunder] 1076 | |
| 1292 | + | in accordance with the provisions of chapter 54. 1077 | |
| 1293 | + | (b) Any person who fails to keep such narcotic drug in the original 1078 | |
| 1294 | + | container as provided in subsection (a) of this section, except as 1079 | |
| 1295 | + | provided in subsection (c) of this section, shall be guilty of a class D 1080 | |
| 1296 | + | misdemeanor. 1081 | |
| 1297 | + | (c) The provisions of subsection (b) of this section shall not apply to 1082 | |
| 1298 | + | any person who in good faith places such narcotic drug in either a (1) 1083 | |
| 1299 | + | pill box, case or organizer stored within such person's residence, or (2) 1084 | |
| 1300 | + | secured or locked pill box, case or organizer, provided such pill box, 1085 | |
| 1301 | + | case or organizer is accompanied by proof of such person's prescription. 1086 | |
| 1302 | + | Sec. 23. Section 51-164r of the general statutes is repealed and the 1087 | |
| 1303 | + | following is substituted in lieu thereof (Effective October 1, 2021): 1088 | |
| 1304 | + | (a) Any person charged with an infraction who fails to pay the fine 1089 | |
| 1305 | + | and any additional fee imposed or send in [his] a plea of not guilty by 1090 | |
| 1306 | + | the answer date or wilfully fails to appear for any scheduled court 1091 | |
| 1307 | + | appearance date which may be required shall be guilty of [a class C 1092 | |
| 1308 | + | misdemeanor] an unclassified misdemeanor and may be sentenced to a 1093 | |
| 1309 | + | term of imprisonment of not more than ten days. 1094 Substitute Bill No. 6594 | |
| 1310 | + | ||
| 1311 | + | ||
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| 1315 | + | ||
| 1316 | + | (b) Any person charged with any violation specified in subsection (b) 1095 | |
| 1317 | + | of section 51-164n who fails to pay the fine and any additional fee 1096 | |
| 1318 | + | imposed or send in [his] a plea of not guilty by the answer date or 1097 | |
| 1319 | + | wilfully fails to appear for any scheduled court appearance date which 1098 | |
| 1320 | + | may be required shall be guilty of [a class A misdemeanor] an 1099 | |
| 1321 | + | unclassified misdemeanor and may be sentenced to a term of 1100 | |
| 1322 | + | imprisonment of not more than ten days. 1101 | |
| 1323 | + | Sec. 24. Subdivision (1) of subsection (a) of section 18-98d of the 1102 | |
| 1324 | + | general statutes is repealed and the following is substituted in lieu 1103 | |
| 1325 | + | thereof (Effective October 1, 2021): 1104 | |
| 1326 | + | (a) (1) (A) Any person who is confined to a community correctional 1105 | |
| 1327 | + | center or a correctional institution for an offense committed on or after 1106 | |
| 1328 | + | July 1, 1981, and prior to October 1, 2021, under a mittimus or because 1107 | |
| 1329 | + | such person is unable to obtain bail or is denied bail shall, if 1108 | |
| 1330 | + | subsequently imprisoned, earn a reduction of such person's sentence 1109 | |
| 1331 | + | equal to the number of days which such person spent in such facility 1110 | |
| 1332 | + | from the time such person was placed in presentence confinement to the 1111 | |
| 1333 | + | time such person began serving the term of imprisonment imposed; 1112 | |
| 1334 | + | provided [(A)] (i) each day of presentence confinement shall be counted 1113 | |
| 1335 | + | only once for the purpose of reducing all sentences imposed after such 1114 | |
| 1336 | + | presentence confinement; and [(B)] (ii) the provisions of this section 1115 | |
| 1337 | + | shall only apply to a person for whom the existence of a mittimus, an 1116 | |
| 1338 | + | inability to obtain bail or the denial of bail is the sole reason for such 1117 | |
| 1339 | + | person's presentence confinement, except that if a person is serving a 1118 | |
| 1340 | + | term of imprisonment at the same time such person is in presentence 1119 | |
| 1341 | + | confinement on another charge and the conviction for such 1120 | |
| 1342 | + | imprisonment is reversed on appeal, such person shall be entitled, in 1121 | |
| 1343 | + | any sentence subsequently imposed, to a reduction based on such 1122 | |
| 1344 | + | presentence confinement in accordance with the provisions of this 1123 | |
| 1345 | + | section. In the case of a fine, each day spent in such confinement prior 1124 | |
| 1346 | + | to sentencing shall be credited against the sentence at a per diem rate 1125 | |
| 1347 | + | equal to the average daily cost of incarceration as determined by the 1126 | |
| 1348 | + | Commissioner of Correction. 1127 Substitute Bill No. 6594 | |
| 1349 | + | ||
| 1350 | + | ||
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| 1353 | + | 36 of 43 | |
| 1354 | + | ||
| 1355 | + | (B) Any person who is confined to a community correctional center 1128 | |
| 1356 | + | or a correctional institution for an offense committed on or after October 1129 | |
| 1357 | + | 1, 2021, under a mittimus or because such person is unable to obtain bail 1130 | |
| 1358 | + | or is denied bail shall, if subsequently imprisoned, earn a reduction of 1131 | |
| 1359 | + | such person's sentence equal to the number of days which such person 1132 | |
| 1360 | + | spent in such facility from the time such person was placed in 1133 | |
| 1361 | + | presentence confinement to the time such person began serving the term 1134 | |
| 1362 | + | of imprisonment imposed; provided (i) each day of presentence 1135 | |
| 1363 | + | confinement shall be counted equally in reduction of any concurrent 1136 | |
| 1364 | + | sentence imposed for any offense pending at the time such sentence was 1137 | |
| 1365 | + | imposed; (ii) each day of presentence confinement shall be counted only 1138 | |
| 1366 | + | once in reduction of any consecutive sentence so imposed; and (iii) the 1139 | |
| 1367 | + | provisions of this section shall only apply to a person for whom the 1140 | |
| 1368 | + | existence of a mittimus, an inability to obtain bail or the denial of bail is 1141 | |
| 1369 | + | the sole reason for such person's presentence confinement, except that if 1142 | |
| 1370 | + | a person is serving a term of imprisonment at the same time such person 1143 | |
| 1371 | + | is in presentence confinement on another charge and the conviction for 1144 | |
| 1372 | + | which such imprisonment was imposed is reversed on appeal, such 1145 | |
| 1373 | + | person shall be entitled, in any sentence subsequently imposed, to a 1146 | |
| 1374 | + | reduction based on such presentence confinement in accordance with 1147 | |
| 1375 | + | the provisions of this section. In the case of a fine, each day spent in such 1148 | |
| 1376 | + | confinement prior to sentencing shall be credited against the sentence at 1149 | |
| 1377 | + | a per diem rate equal to the average daily cost of incarceration as 1150 | |
| 1378 | + | determined by the Commissioner of Correction. 1151 | |
| 1379 | + | Sec. 25. Section 21a-267 of the general statutes is repealed and the 1152 | |
| 1380 | + | following is substituted in lieu thereof (Effective October 1, 2021): 1153 | |
| 1381 | + | (a) No person shall use or possess with intent to use drug 1154 | |
| 1382 | + | paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, 1155 | |
| 1383 | + | propagate, cultivate, grow, harvest, manufacture, compound, convert, 1156 | |
| 1384 | + | produce, process, prepare, test, analyze, pack, repack, store, contain or 1157 | |
| 1385 | + | conceal, or to ingest, inhale or otherwise introduce into the human body, 1158 | |
| 1386 | + | any controlled substance, as defined in subdivision (9) of section 21a-1159 | |
| 1387 | + | 240, other than a cannabis-type substance in a quantity of less than one-1160 Substitute Bill No. 6594 | |
| 1388 | + | ||
| 1389 | + | ||
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| 1393 | + | ||
| 1394 | + | half ounce. Any person who violates any provision of this subsection 1161 | |
| 1395 | + | shall be guilty of a class C misdemeanor. 1162 | |
| 1396 | + | (b) No person shall deliver, possess with intent to deliver or 1163 | |
| 1397 | + | manufacture with intent to deliver drug paraphernalia knowing, or 1164 | |
| 1398 | + | under circumstances where one reasonably should know, that it will be 1165 | |
| 1399 | + | used to plant, propagate, cultivate, grow, harvest, manufacture, 1166 | |
| 1400 | + | compound, convert, produce, process, prepare, test, analyze, pack, 1167 | |
| 1401 | + | repack, store, contain or conceal, or to ingest, inhale or otherwise 1168 | |
| 1402 | + | introduce into the human body, any controlled substance, other than a 1169 | |
| 1403 | + | cannabis-type substance in a quantity of less than one-half ounce. Any 1170 | |
| 1404 | + | person who violates any provision of this subsection shall be guilty of a 1171 | |
| 1405 | + | class A misdemeanor. 1172 | |
| 1406 | + | (c) Any person who violates subsection (a) or (b) of this section [in or 1173 | |
| 1407 | + | on, or within one thousand five hundred feet of,] (1) with intent to 1174 | |
| 1408 | + | commit such violation at a specific location that the trier of fact 1175 | |
| 1409 | + | determines is (A) in or on the real property comprising a public or 1176 | |
| 1410 | + | private elementary or secondary school, or (B) within two hundred feet 1177 | |
| 1411 | + | of the perimeter of the real property comprising a public or private 1178 | |
| 1412 | + | elementary or secondary school, and (2) who is not enrolled as a student 1179 | |
| 1413 | + | in such school shall be imprisoned for a term of one year which shall not 1180 | |
| 1414 | + | be suspended and shall be in addition and consecutive to any term of 1181 | |
| 1415 | + | imprisonment imposed for violation of subsection (a) or (b) of this 1182 | |
| 1416 | + | section. 1183 | |
| 1417 | + | (d) No person shall (1) use or possess with intent to use drug 1184 | |
| 1418 | + | paraphernalia to plant, propagate, cultivate, grow, harvest, 1185 | |
| 1419 | + | manufacture, compound, convert, produce, process, prepare, test, 1186 | |
| 1420 | + | analyze, pack, repack, store, contain or conceal, or to ingest, inhale or 1187 | |
| 1421 | + | otherwise introduce into the human body, less than one-half ounce of a 1188 | |
| 1422 | + | cannabis-type substance, or (2) deliver, possess with intent to deliver or 1189 | |
| 1423 | + | manufacture with intent to deliver drug paraphernalia knowing, or 1190 | |
| 1424 | + | under circumstances where one reasonably should know, that it will be 1191 | |
| 1425 | + | used to plant, propagate, cultivate, grow, harvest, manufacture, 1192 | |
| 1426 | + | compound, convert, produce, process, prepare, test, analyze, pack, 1193 Substitute Bill No. 6594 | |
| 1427 | + | ||
| 1428 | + | ||
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| 1431 | + | 38 of 43 | |
| 1432 | + | ||
| 1433 | + | repack, store, contain or conceal, or to ingest, inhale or otherwise 1194 | |
| 1434 | + | introduce into the human body, less than one-half ounce of a cannabis-1195 | |
| 1435 | + | type substance. Any person who violates any provision of this 1196 | |
| 1436 | + | subsection shall have committed an infraction. 1197 | |
| 1437 | + | (e) The provisions of subsection (a) of this section shall not apply to 1198 | |
| 1438 | + | any person (1) who in good faith, seeks medical assistance for another 1199 | |
| 1439 | + | person who such person reasonably believes is experiencing an 1200 | |
| 1440 | + | overdose from the ingestion, inhalation or injection of intoxicating 1201 | |
| 1441 | + | liquor or any drug or substance, (2) for whom another person, in good 1202 | |
| 1442 | + | faith, seeks medical assistance, reasonably believing such person is 1203 | |
| 1443 | + | experiencing an overdose from the ingestion, inhalation or injection of 1204 | |
| 1444 | + | intoxicating liquor or any drug or substance, or (3) who reasonably 1205 | |
| 1445 | + | believes he or she is experiencing an overdose from the ingestion, 1206 | |
| 1446 | + | inhalation or injection of intoxicating liquor or any drug or substance 1207 | |
| 1447 | + | and, in good faith, seeks medical assistance for himself or herself, if 1208 | |
| 1448 | + | evidence of the use or possession of drug paraphernalia in violation of 1209 | |
| 1449 | + | said subsection was obtained as a result of the seeking of such medical 1210 | |
| 1450 | + | assistance. For the purposes of this subsection, "good faith" does not 1211 | |
| 1451 | + | include seeking medical assistance during the course of the execution of 1212 | |
| 1452 | + | an arrest warrant or search warrant or a lawful search. 1213 | |
| 1453 | + | Sec. 26. Section 21a-278a of the general statutes is repealed and the 1214 | |
| 1454 | + | following is substituted in lieu thereof (Effective October 1, 2021): 1215 | |
| 1455 | + | (a) Any person eighteen years of age or older who violates section 1216 | |
| 1456 | + | 21a-277 or 21a-278, and who is not, at the time of such action, a drug-1217 | |
| 1457 | + | dependent person, by distributing, selling, prescribing, dispensing, 1218 | |
| 1458 | + | offering, giving or administering any controlled substance to another 1219 | |
| 1459 | + | person who is under eighteen years of age and is at least two years 1220 | |
| 1460 | + | younger than such person who is in violation of section 21a-277 or 21a-1221 | |
| 1461 | + | 278, shall be imprisoned for a term of two years, which shall not be 1222 | |
| 1462 | + | suspended and shall be in addition and consecutive to any term of 1223 | |
| 1463 | + | imprisonment imposed for violation of section 21a-277 or 21a-278. 1224 | |
| 1464 | + | (b) Any person who violates section 21a-277 or 21a-278 by 1225 Substitute Bill No. 6594 | |
| 1465 | + | ||
| 1466 | + | ||
| 1467 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 1468 | + | R02-HB.docx } | |
| 1469 | + | 39 of 43 | |
| 1470 | + | ||
| 1471 | + | manufacturing, distributing, selling, prescribing, dispensing, 1226 | |
| 1472 | + | compounding, transporting with the intent to sell or dispense, 1227 | |
| 1473 | + | possessing with the intent to sell or dispense, offering, giving or 1228 | |
| 1474 | + | administering to another person any controlled substance [in or on, or 1229 | |
| 1475 | + | within one thousand five hundred feet of,] with intent to commit such 1230 | |
| 1476 | + | violation at a specific location that the trier of fact determines is (1) in or 1231 | |
| 1477 | + | on the real property comprising a (A) public or private elementary or 1232 | |
| 1478 | + | secondary school, [a] (B) public housing project, or [a] (C) licensed child 1233 | |
| 1479 | + | care center, as defined in section 19a-77, that is identified as a child care 1234 | |
| 1480 | + | center by a sign posted in a conspicuous place, or (2) within two 1235 | |
| 1481 | + | hundred feet of the perimeter of the real property comprising such (A) 1236 | |
| 1482 | + | public or private elementary or secondary school, (B) public housing 1237 | |
| 1483 | + | project, or (C) licensed child care center, shall be imprisoned for a term 1238 | |
| 1484 | + | of three years, which shall not be suspended and shall be in addition 1239 | |
| 1485 | + | and consecutive to any term of imprisonment imposed for violation of 1240 | |
| 1486 | + | section 21a-277 or 21a-278. To constitute a violation of this subsection, 1241 | |
| 1487 | + | an act of transporting or possessing a controlled substance shall be with 1242 | |
| 1488 | + | intent to sell or dispense in or on, or within [one thousand five] two 1243 | |
| 1489 | + | hundred feet of the perimeter of, the real property comprising a public 1244 | |
| 1490 | + | or private elementary or secondary school, a public housing project or a 1245 | |
| 1491 | + | licensed child care center, as defined in section 19a-77, that is identified 1246 | |
| 1492 | + | as a child care center by a sign posted in a conspicuous place. For the 1247 | |
| 1493 | + | purposes of this subsection, "public housing project" means dwelling 1248 | |
| 1494 | + | accommodations operated as a state or federally subsidized multifamily 1249 | |
| 1495 | + | housing project by a housing authority, nonprofit corporation or 1250 | |
| 1496 | + | municipal developer, as defined in section 8-39, pursuant to chapter 128 1251 | |
| 1497 | + | or by the Connecticut Housing Authority pursuant to chapter 129. 1252 | |
| 1498 | + | (c) Any person who employs, hires, uses, persuades, induces, entices 1253 | |
| 1499 | + | or coerces a person under eighteen years of age to violate section 21a-1254 | |
| 1500 | + | 277 or 21a-278 shall be imprisoned for a term of three years, which shall 1255 | |
| 1501 | + | not be suspended and shall be in addition and consecutive to any term 1256 | |
| 1502 | + | of imprisonment imposed for violation of section 21a-277 or 21a-278. 1257 | |
| 1503 | + | Sec. 27. Section 21a-279 of the general statutes is repealed and the 1258 Substitute Bill No. 6594 | |
| 1504 | + | ||
| 1505 | + | ||
| 1506 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 1507 | + | R02-HB.docx } | |
| 1508 | + | 40 of 43 | |
| 1509 | + | ||
| 1510 | + | following is substituted in lieu thereof (Effective October 1, 2021): 1259 | |
| 1511 | + | (a) (1) Any person who possesses or has under such person's control 1260 | |
| 1512 | + | any quantity of any controlled substance, except less than one-half 1261 | |
| 1513 | + | ounce of a cannabis-type substance and except as authorized in this 1262 | |
| 1514 | + | chapter, shall be guilty of a class A misdemeanor. 1263 | |
| 1515 | + | (2) For a second offense of subdivision (1) of this subsection, the court 1264 | |
| 1516 | + | shall evaluate such person and, if the court determines such person is a 1265 | |
| 1517 | + | drug-dependent person, the court may suspend prosecution of such 1266 | |
| 1518 | + | person and order such person to undergo a substance abuse treatment 1267 | |
| 1519 | + | program. 1268 | |
| 1520 | + | (3) For any subsequent offense of subdivision (1) of this subsection, 1269 | |
| 1521 | + | the court may find such person to be a persistent offender for possession 1270 | |
| 1522 | + | of a controlled substance in accordance with section 53a-40, as amended 1271 | |
| 1523 | + | by this act. 1272 | |
| 1524 | + | (b) Any person who violates subsection (a) of this section in or on, or 1273 | |
| 1525 | + | within [one thousand five] two hundred feet of [,] the perimeter of the 1274 | |
| 1526 | + | real property comprising a (1) public or private elementary or secondary 1275 | |
| 1527 | + | school and who is not enrolled as a student in such school, or [a] (2) 1276 | |
| 1528 | + | licensed child care center, as defined in section 19a-77, that is identified 1277 | |
| 1529 | + | as a child care center by a sign posted in a conspicuous place, shall be 1278 | |
| 1530 | + | guilty of a class A misdemeanor and shall be sentenced to a term of 1279 | |
| 1531 | + | imprisonment and a period of probation during which such person shall 1280 | |
| 1532 | + | perform community service as a condition of such probation, in a 1281 | |
| 1533 | + | manner ordered by the court. 1282 | |
| 1534 | + | (c) To the extent that it is possible, medical treatment rather than 1283 | |
| 1535 | + | criminal sanctions shall be afforded individuals who breathe, inhale, 1284 | |
| 1536 | + | sniff or drink the volatile substances described in subdivision (49) of 1285 | |
| 1537 | + | section 21a-240. 1286 | |
| 1538 | + | (d) The provisions of subsection (a) of this section shall not apply to 1287 | |
| 1539 | + | any person (1) who in good faith, seeks medical assistance for another 1288 | |
| 1540 | + | person who such person reasonably believes is experiencing an 1289 Substitute Bill No. 6594 | |
| 1541 | + | ||
| 1542 | + | ||
| 1543 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 1544 | + | R02-HB.docx } | |
| 1545 | + | 41 of 43 | |
| 1546 | + | ||
| 1547 | + | overdose from the ingestion, inhalation or injection of intoxicating 1290 | |
| 1548 | + | liquor or any drug or substance, (2) for whom another person, in good 1291 | |
| 1549 | + | faith, seeks medical assistance, reasonably believing such person is 1292 | |
| 1550 | + | experiencing an overdose from the ingestion, inhalation or injection of 1293 | |
| 1551 | + | intoxicating liquor or any drug or substance, or (3) who reasonably 1294 | |
| 1552 | + | believes he or she is experiencing an overdose from the ingestion, 1295 | |
| 1553 | + | inhalation or injection of intoxicating liquor or any drug or substance 1296 | |
| 1554 | + | and, in good faith, seeks medical assistance for himself or herself, if 1297 | |
| 1555 | + | evidence of the possession or control of a controlled substance in 1298 | |
| 1556 | + | violation of subsection (a) of this section was obtained as a result of the 1299 | |
| 1557 | + | seeking of such medical assistance. For the purposes of this subsection, 1300 | |
| 1558 | + | "good faith" does not include seeking medical assistance during the 1301 | |
| 1559 | + | course of the execution of an arrest warrant or search warrant or a lawful 1302 | |
| 1560 | + | search. 1303 | |
| 1561 | + | (e) No provision of this section shall be construed to alter or modify 1304 | |
| 1562 | + | the meaning of the provisions of section 21a-278. 1305 | |
| 1563 | + | Sec. 28. Section 53a-39 of the general statutes is repealed and the 1306 | |
| 1564 | + | following is substituted in lieu thereof (Effective from passage): 1307 | |
| 1565 | + | (a) [At] Except as provided in subsection (b) of this section, at any 1308 | |
| 1566 | + | time during [the period of a definite sentence of three years or less] an 1309 | |
| 1567 | + | executed period of incarceration, the sentencing court or judge may, 1310 | |
| 1568 | + | after hearing and for good cause shown, reduce the sentence, order the 1311 | |
| 1569 | + | defendant discharged, or order the defendant discharged on probation 1312 | |
| 1570 | + | or conditional discharge for a period not to exceed that to which the 1313 | |
| 1571 | + | defendant could have been originally sentenced. 1314 | |
| 1572 | + | (b) At any time during the period of a [definite] sentence in which a 1315 | |
| 1573 | + | defendant has been sentenced to an executed period of incarceration of 1316 | |
| 1574 | + | more than [three] seven years as a result of a plea agreement, including 1317 | |
| 1575 | + | an agreement in which there is an agreed upon range of sentence, upon 1318 | |
| 1576 | + | agreement of the defendant and the state's attorney to seek review of the 1319 | |
| 1577 | + | sentence, the sentencing court or judge may, after hearing and for good 1320 | |
| 1578 | + | cause shown, reduce the sentence, order the defendant discharged, or 1321 Substitute Bill No. 6594 | |
| 1579 | + | ||
| 1580 | + | ||
| 1581 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
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| 1583 | + | 42 of 43 | |
| 1584 | + | ||
| 1585 | + | order the defendant discharged on probation or conditional discharge 1322 | |
| 1586 | + | for a period not to exceed that to which the defendant could have been 1323 | |
| 1587 | + | originally sentenced. 1324 | |
| 1588 | + | (c) If, after a hearing pursuant to this section, the sentencing court or 1325 | |
| 1589 | + | judge denies a motion to reduce a defendant's sentence or discharge the 1326 | |
| 1590 | + | defendant, the defendant may not file a subsequent motion for relief 1327 | |
| 1591 | + | under this section until five years have elapsed from the date of the most 1328 | |
| 1592 | + | recent decision denying such defendant relief pursuant to this section. 1329 | |
| 1593 | + | [(c)] (d) The provisions of this section shall not apply to any portion 1330 | |
| 1594 | + | of a sentence imposed that is a mandatory minimum sentence for an 1331 | |
| 1595 | + | offense which may not be suspended or reduced by the court. 1332 | |
| 1596 | + | [(d)] (e) At a hearing held by the sentencing court or judge under this 1333 | |
| 1597 | + | section, such court or judge shall permit any victim of the crime to 1334 | |
| 1598 | + | appear before the court or judge for the purpose of making a statement 1335 | |
| 1599 | + | for the record concerning whether or not the sentence of the defendant 1336 | |
| 1600 | + | should be reduced, the defendant should be discharged or the 1337 | |
| 1601 | + | defendant should be discharged on probation or conditional discharge 1338 | |
| 1602 | + | pursuant to subsection (a) or (b) of this section. In lieu of such 1339 | |
| 1603 | + | appearance, the victim may submit a written statement to the court or 1340 | |
| 1604 | + | judge and the court or judge shall make such statement a part of the 1341 | |
| 1605 | + | record at the hearing. For the purposes of this subsection, "victim" 1342 | |
| 1606 | + | means the victim, the legal representative of the victim or a member of 1343 | |
| 1607 | + | the deceased victim's immediate family. 1344 | |
| 1608 | + | This act shall take effect as follows and shall amend the following | |
| 1609 | + | sections: | |
| 1610 | + | ||
| 1611 | + | Section 1 October 1, 2021 54-86(a) | |
| 1612 | + | Sec. 2 October 1, 2021 53a-83 | |
| 1613 | + | Sec. 3 October 1, 2021 53a-84 | |
| 1614 | + | Sec. 4 October 1, 2021 7-22 | |
| 1615 | + | Sec. 5 October 1, 2021 7-81 | |
| 1616 | + | Sec. 6 October 1, 2021 51-279b | |
| 1617 | + | Sec. 7 October 1, 2021 54-72 Substitute Bill No. 6594 | |
| 1618 | + | ||
| 1619 | + | ||
| 1620 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06594- | |
| 1621 | + | R02-HB.docx } | |
| 1622 | + | 43 of 43 | |
| 1623 | + | ||
| 1624 | + | Sec. 8 October 1, 2021 54-73 | |
| 1625 | + | Sec. 9 October 1, 2021 1-110a(f) | |
| 1626 | + | Sec. 10 October 1, 2021 53a-290 | |
| 1627 | + | Sec. 11 October 1, 2021 53a-181f | |
| 1628 | + | Sec. 12 October 1, 2021 53a-189c | |
| 1629 | + | Sec. 13 October 1, 2021 53a-40(f) and (g) | |
| 1630 | + | Sec. 14 October 1, 2021 53a-39c(b) | |
| 1631 | + | Sec. 15 October 1, 2021 54-56e | |
| 1632 | + | Sec. 16 October 1, 2021 54-56g | |
| 1633 | + | Sec. 17 October 1, 2021 54-56i | |
| 1634 | + | Sec. 18 October 1, 2021 54-56j(f) | |
| 1635 | + | Sec. 19 October 1, 2021 46b-38c(i) | |
| 1636 | + | Sec. 20 October 1, 2021 17a-694 | |
| 1637 | + | Sec. 21 October 1, 2021 17a-696 | |
| 1638 | + | Sec. 22 October 1, 2021 21a-257 | |
| 1639 | + | Sec. 23 October 1, 2021 51-164r | |
| 1640 | + | Sec. 24 October 1, 2021 18-98d(a)(1) | |
| 1641 | + | Sec. 25 October 1, 2021 21a-267 | |
| 1642 | + | Sec. 26 October 1, 2021 21a-278a | |
| 1643 | + | Sec. 27 October 1, 2021 21a-279 | |
| 1644 | + | Sec. 28 from passage 53a-39 | |
| 1645 | + | ||
| 1646 | + | ||
| 1647 | + | JUD Joint Favorable Subst. | |
| 1648 | + | APP Joint Favorable | |
| 1453 | 1649 |