Connecticut 2024 Regular Session

Connecticut House Bill HB05500 Compare Versions

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Version 2 (New)

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	5	+	General Assembly Substitute Bill No. 5500
	6	+	February Session, 2024
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4		-	Substitute House Bill No. 5500
5		-
6		-	Public Act No. 24-137
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8	10
9	11		AN ACT CONCERNING REVISIONS TO VARIOUS LAWS
10		-	CONCERNING IGNITION INTERLOCK DEVICES, THE
11		-	DEPARTMENT OF CORRECTION, JUDICIAL RETIREMENT
12		-	SALARIES AND CRIMINAL LAW AND CRIMINAL PROCEDURE.
	12	+	CONCERNING JUROR COMPENSATION, IGNITION INTERLOCK
	13	+	DEVICES, THE DEPARTMENT OF CORRECTION, JUDICIAL
	14	+	RETIREMENT SALARIES AND CRIMINAL LAW AND CRIMINAL
	15	+	PROCEDURE.
13	16		Be it enacted by the Senate and House of Representatives in General
14	17		Assembly convened:
15	18
16		-	Section 1. Subsection (c) of section 29-38c of the 2024 supplement to
17		-	the general statutes is repealed and the following is substituted in lieu
18		-	thereof (Effective October 1, 2024):
19		-	(c) A risk protection order issued under subsection (a) of this section,
20		-	may issue only on an affidavit sworn to by the complainant establishing
21		-	the grounds for issuing the order. A risk warrant issued under
22		-	subsection (a) of this section may issue only on an affidavit sworn to by
23		-	the complainant before the judge establishing the grounds for issuing
24		-	the warrant. Any such affidavit shall be part of the court file. In
25		-	determining whether there is probable cause for a risk protection order
26		-	and warrant, if applicable, under subsection (a) of this section, the judge
27		-	shall consider: (1) Recent threats or acts of violence by such person
28		-	directed toward other persons; (2) recent threats or acts of violence by
29		-	such person directed toward such person's self; and (3) recent acts of
30		-	cruelty to animals as provided in subsection (b) of section 53-247 by such
31		-	person. In evaluating whether such recent threats or acts of violence Substitute House Bill No. 5500
	19	+	Section 1. Section 51-247 of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective October 1, 2024): 2
	21	+	(a) Each full-time employed juror shall be paid regular wages by the 3
	22	+	juror's employer for the first five days, or part thereof, of jury service. 4
	23	+	Such payment shall be subject to the requirements of section 31-71b and 5
	24	+	any employer who violates this section shall be subject to the provisions 6
	25	+	of sections 31-71g and 31-72. A person shall not be considered a full-time 7
	26	+	employed juror on any day of jury service in which such person (1) 8
	27	+	would not have accrued regular wages to be paid by the employer if 9
	28	+	such person were not serving as a juror on that day, or (2) would not 10
	29	+	have worked more than one-half of a shift which extends into another 11
	30	+	day if such person were not serving as a juror on that day. Each part-12
	31	+	time employed or unemployed juror who has no source of 13
	32	+	compensation for the first five days of jury service shall receive a flat fee 14
	33	+	equal to the minimum fair wage, as defined in section 31-58, in effect on 15
	34	+	the days of jury service, based on an eight-hour day. Each juror not 16
	35	+	considered a full-time employed juror on a particular day of jury service 17 Substitute Bill No. 5500
32	36
33		-	Public Act No. 24-137 2 of 20
34	37
35		-	constitute probable cause to believe that such person poses a risk of
36		-	imminent personal injury to such person's self or to others, the judge
37		-	may consider other factors including, but not limited to (A) the reckless
38		-	use, display or brandishing of a firearm or other deadly weapon by such
39		-	person, (B) a history of the use, attempted use or threatened use of
40		-	physical force by such person against other persons, (C) prior
41		-	involuntary confinement of such person in a hospital for persons with
42		-	psychiatric disabilities, and (D) the illegal use of controlled substances
43		-	or abuse of alcohol by such person. In the case of a complaint made
44		-	under subsection (a) of this section, if the judge is satisfied that the
45		-	grounds for the complaint exist or that there is probable cause to believe
46		-	that such grounds exist, such judge shall issue a risk protection order
47		-	and warrant, if applicable, naming or describing the person, and, in the
48		-	case of the issuance of a warrant, the place or thing to be searched. The
49		-	order and warrant, if applicable, shall be directed to any police officer
50		-	of a regularly organized police department or any state police officer.
51		-	The order and warrant, if applicable, shall state the grounds or probable
52		-	cause for issuance and, in the case of a warrant, the warrant shall
53		-	command the officer to search within a reasonable time the person,
54		-	place or thing named for any and all firearms and other deadly weapons
55		-	and ammunition. A copy of the order and warrant, if applicable, shall
56		-	be served upon the person named in the order not later than three days
57		-	prior to the hearing scheduled pursuant to subsection (e) of this section,
58		-	together with a notice informing the person that such person has the
59		-	right to a hearing under this section, the telephone number for the court
60		-	clerk who can inform the person of the date and time of such hearing
61		-	and the right to be represented by counsel at such hearing. If the person
62		-	is unable to afford counsel and is represented by a public defender or
63		-	an assigned counsel in a pending criminal proceeding in a court in this
64		-	state, counsel shall be appointed on behalf of such person if determined
65		-	to be eligible under the provisions of chapter 887 for purposes of in-
66		-	court proceedings pursuant to this section. Substitute House Bill No. 5500
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67	39
68		-	Public Act No. 24-137 3 of 20
	40	+	pursuant to subdivision (1) or (2) of this subsection shall be reimbursed 18
	41	+	by the state for necessary out-of-pocket expenses incurred during that 19
	42	+	day of jury service. [, provided such day of service is within the first five 20
	43	+	days, or part thereof, of jury service.] Each part-time employed juror and 21
	44	+	unemployed juror shall be reimbursed by the state for necessary out-of-22
	45	+	pocket expenses incurred during the first five days, or part thereof, of 23
	46	+	jury service. Necessary out-of-pocket expenses shall include, but not be 24
	47	+	limited to, [twenty cents] family care at a rate established by the Jury 25
	48	+	Administrator under subsection (b) of this section and travel expenses, 26
	49	+	based on the privately owned vehicle mileage reimbursement rate 27
	50	+	established by the federal General Services Administration, for each 28
	51	+	mile of travel from the juror's place of residence to the place of holding 29
	52	+	the court and return, and shall exclude food. The mileage shall be 30
	53	+	determined by the shortest direct route either by highway or by any 31
	54	+	regular line of conveyance between the points. A reimbursement award 32
	55	+	under this subsection for each day of service shall not be less than 33
	56	+	twenty dollars or more than [fifty dollars] the minimum fair wage, as 34
	57	+	defined in section 31-58, in effect on the days of jury service, based on 35
	58	+	an eight-hour day. For the purposes of this subsection, "full-time 36
	59	+	employed juror" means an employee holding a position normally 37
	60	+	requiring thirty hours or more of service in each week, which position 38
	61	+	is neither temporary nor casual, and includes an employee holding a 39
	62	+	position through a temporary help service, as defined in section 31-129, 40
	63	+	which position normally requires thirty hours or more of service in each 41
	64	+	week, who has been working in that position for a period exceeding 42
	65	+	ninety days, and "part-time employed juror" means an employee 43
	66	+	holding a position normally requiring less than thirty hours of service 44
	67	+	in each week or an employee working on a temporary or casual basis. 45
	68	+	In the event that a juror may be considered to be both a full-time 46
	69	+	employed juror and a part-time employed juror for any day of the first 47
	70	+	five days, or part thereof, of jury service, such juror shall, for the 48
	71	+	purposes of this section, be considered to be a full-time employed juror 49
	72	+	only. 50
	73	+	(b) The Jury Administrator shall establish guidelines for 51 Substitute Bill No. 5500
69	74
70		-	Sec. 2. Section 14-227b of the general statutes is repealed and the
71		-	following is substituted in lieu thereof (Effective October 1, 2024):
72		-	(a) Any person who operates a motor vehicle in this state shall be
73		-	deemed to have given such person's consent to: (1) A chemical test of
74		-	such person's blood, breath or urine; and (2) a nontestimonial portion of
75		-	a drug influence evaluation conducted by a drug recognition expert. If
76		-	such person is a minor, such person's parent or parents or guardian shall
77		-	also be deemed to have given their consent for such test or evaluation.
78		-	As used in this section, "motor vehicle" includes a snowmobile and all-
79		-	terrain vehicle, as such terms are defined in section 14-379.
80		-	(b) (1) A police officer who has placed a person under arrest for a
81		-	violation of section 14-227a, 14-227m or subdivision (1) or (2) of
82		-	subsection (a) of section 14-227n may request that such person submit
83		-	to a blood, breath or urine test at the option of the police officer, a drug
84		-	influence evaluation conducted by a drug recognition expert, or both,
85		-	after such person has been (A) apprised of such person's constitutional
86		-	rights; (B) afforded a reasonable opportunity to telephone an attorney
87		-	prior to the performance of such test or evaluation; (C) informed that
88		-	evidence of any refusal to submit to such test or evaluation shall be
89		-	admissible in accordance with subsection (e) of section 14-227a and may
90		-	be used against such person in any criminal prosecution, except that
91		-	refusal to submit to the testimonial portions of a drug influence
92		-	evaluation shall not be considered evidence of refusal of such evaluation
93		-	for purposes of any criminal prosecution; and (D) informed that such
94		-	person's license or operating privilege may be suspended in accordance
95		-	with the provisions of this section if (i) such person refuses to submit to
96		-	such test or the nontestimonial portion of a drug influence evaluation,
97		-	(ii) such person submits to such test and the results of such test indicate
98		-	that such person has an elevated blood alcohol content, or (iii) the officer
99		-	concludes, through investigation, that such person was operating a
100		-	motor vehicle under the influence of intoxicating liquor or any drug, or Substitute House Bill No. 5500
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102		-	~~Public Act No. 24-137~~ 4 of 20
	76	+	LCO 3 of 25
103	77
104		-	both.
105		-	(2) If the person refuses to submit to any test or drug influence
106		-	evaluation, the test or evaluation shall not be given, except if the person
107		-	refuses or is unable to submit to a blood test, the police officer shall
108		-	designate another test to be taken. If a person submits to a breath test
109		-	and the police officer, for reasonable cause, requests an additional
110		-	chemical test of a different type to detect the presence of a drug or drugs
111		-	other than or in addition to alcohol, the officer may administer such test,
112		-	except that if such person refuses or is unable to submit to a blood test,
113		-	the officer shall designate a urine test to be taken. The police officer shall
114		-	make a notation upon the records of the law enforcement unit, as
115		-	defined in section 7-294a, that such officer informed the person that such
116		-	person's license or operating privilege may be suspended if (A) such
117		-	person refused to submit to such test or nontestimonial portion of a drug
118		-	influence evaluation; (B) such person submitted to such test and the
119		-	results of such test indicated that such person had an elevated blood
120		-	alcohol content; or (C) the officer concludes, through investigation, that
121		-	such person was operating a motor vehicle under the influence of
122		-	intoxicating liquor or any drug, or both.
123		-	(c) If the person arrested refuses to submit to such test or
124		-	nontestimonial portion of a drug influence evaluation or submits to such
125		-	test, commenced within two hours of the time of operation, and the
126		-	results of such test indicate that such person has an elevated blood
127		-	alcohol content, the police officer, acting on behalf of the Commissioner
128		-	of Motor Vehicles, shall immediately revoke and take possession of the
129		-	motor vehicle operator's license or, if such person is not licensed or is a
130		-	nonresident, suspend the operating privilege of such person, for a
131		-	twenty-four-hour period. The police officer shall prepare a report of the
132		-	incident and shall mail or otherwise transmit in accordance with this
133		-	subsection the report and a copy of the results of any chemical test to
134		-	the Department of Motor Vehicles within three business days. The Substitute House Bill No. 5500
	78	+	reimbursement of expenses pursuant to this section. 52
	79	+	(c) Each juror who serves more than five days who is not paid by such 53
	80	+	juror's employer after the fifth day shall be paid by the state for the sixth 54
	81	+	day and each day thereafter [at a rate of fifty dollars] a flat fee equal to 55
	82	+	the minimum fair wage, as defined in section 31-58, in effect on the days 56
	83	+	of jury service, based on an eight-hour day, per day of service. A juror 57
	84	+	receiving payment under this subsection shall not be entitled to any 58
	85	+	additional reimbursement. An unemployed or part-time employed 59
	86	+	juror who serves more than five days shall also be entitled to family care 60
	87	+	and travel expenses paid at the rate specified in subsection (a) of this 61
	88	+	section and subject to the guidelines established in subsection (b) of this 62
	89	+	section. 63
	90	+	Sec. 2. Subsection (c) of section 29-38c of the 2024 supplement to the 64
	91	+	general statutes is repealed and the following is substituted in lieu 65
	92	+	thereof (Effective October 1, 2024): 66
	93	+	(c) A risk protection order issued under subsection (a) of this section, 67
	94	+	may issue only on an affidavit sworn to by the complainant establishing 68
	95	+	the grounds for issuing the order. A risk warrant issued under 69
	96	+	subsection (a) of this section may issue only on an affidavit sworn to by 70
	97	+	the complainant before the judge establishing the grounds for issuing 71
	98	+	the warrant. Any such affidavit shall be part of the court file. In 72
	99	+	determining whether there is probable cause for a risk protection order 73
	100	+	and warrant, if applicable, under subsection (a) of this section, the judge 74
	101	+	shall consider: (1) Recent threats or acts of violence by such person 75
	102	+	directed toward other persons; (2) recent threats or acts of violence by 76
	103	+	such person directed toward such person's self; and (3) recent acts of 77
	104	+	cruelty to animals as provided in subsection (b) of section 53-247 by such 78
	105	+	person. In evaluating whether such recent threats or acts of violence 79
	106	+	constitute probable cause to believe that such person poses a risk of 80
	107	+	imminent personal injury to such person's self or to others, the judge 81
	108	+	may consider other factors including, but not limited to (A) the reckless 82
	109	+	use, display or brandishing of a firearm or other deadly weapon by such 83
	110	+	person, (B) a history of the use, attempted use or threatened use of 84 Substitute Bill No. 5500
135	111
136		-	Public Act No. 24-137 5 of 20
137	112
138		-	report shall contain such information as prescribed by the
139		-	Commissioner of Motor Vehicles and shall be subscribed and sworn to
140		-	under penalty of false statement as provided in section 53a-157b by the
141		-	arresting officer. If the person arrested refused to submit to such test or
142		-	evaluation, the report shall be endorsed by a third person who
143		-	witnessed such refusal. The report shall set forth the grounds for the
144		-	officer's belief that there was probable cause to arrest such person for a
145		-	violation of section 14-227a or 14-227m or subdivision (1) or (2) of
146		-	subsection (a) of section 14-227n and shall state that such person had
147		-	refused to submit to such test or evaluation when requested by such
148		-	police officer to do so or that such person submitted to such test,
149		-	commenced within two hours of the time of operation, and the results
150		-	of such test indicated that such person had an elevated blood alcohol
151		-	content. A drug influence evaluation need not be commenced within
152		-	two hours of the time of operation. The Commissioner of Motor Vehicles
153		-	may accept a police report under this subsection that is prepared and
154		-	transmitted as an electronic record, including electronic signature or
155		-	signatures, subject to such security procedures as the commissioner may
156		-	specify and in accordance with the provisions of sections 1-266 to 1-286,
157		-	inclusive. In any hearing conducted pursuant to the provisions of
158		-	subsection (g) of this section, it shall not be a ground for objection to the
159		-	admissibility of a police report that it is an electronic record prepared by
160		-	electronic means.
161		-	(d) If a police officer who has placed a person under arrest for a
162		-	violation of section 14-227a or 14-227m or subdivision (1) or (2) of
163		-	subsection (a) of section 14-227n does not request that such person
164		-	submit to a blood, breath or urine test under subsection (b) of this
165		-	section, or obtains results from a test administered under subsection (b)
166		-	of this section that indicate that the person does not have an elevated
167		-	blood alcohol content, such officer shall:
168		-	(1) Advise such person that such person's license or operating Substitute House Bill No. 5500
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169	114
170		-	Public Act No. 24-137 6 of 20
	115	+	physical force by such person against other persons, (C) prior 85
	116	+	involuntary confinement of such person in a hospital for persons with 86
	117	+	psychiatric disabilities, and (D) the illegal use of controlled substances 87
	118	+	or abuse of alcohol by such person. In the case of a complaint made 88
	119	+	under subsection (a) of this section, if the judge is satisfied that the 89
	120	+	grounds for the complaint exist or that there is probable cause to believe 90
	121	+	that such grounds exist, such judge shall issue a risk protection order 91
	122	+	and warrant, if applicable, naming or describing the person, and, in the 92
	123	+	case of the issuance of a warrant, the place or thing to be searched. The 93
	124	+	order and warrant, if applicable, shall be directed to any police officer 94
	125	+	of a regularly organized police department or any state police officer. 95
	126	+	The order and warrant, if applicable, shall state the grounds or probable 96
	127	+	cause for issuance and, in the case of a warrant, the warrant shall 97
	128	+	command the officer to search within a reasonable time the person, 98
	129	+	place or thing named for any and all firearms and other deadly weapons 99
	130	+	and ammunition. A copy of the order and warrant, if applicable, shall 100
	131	+	be served upon the person named in the order not later than three days 101
	132	+	prior to the hearing scheduled pursuant to subsection (e) of this section, 102
	133	+	together with a notice informing the person that such person has the 103
	134	+	right to a hearing under this section, the telephone number for the court 104
	135	+	clerk who can inform the person of the date and time of such hearing 105
	136	+	and the right to be represented by counsel at such hearing. If the person 106
	137	+	is unable to afford counsel and is represented by a public defender or 107
	138	+	an assigned counsel in a pending criminal proceeding in a court in this 108
	139	+	state, counsel shall be appointed on behalf of such person if determined 109
	140	+	to be eligible under the provisions of chapter 887 for purposes of in-110
	141	+	court proceedings pursuant to this section. 111
	142	+	Sec. 3. Section 54-56l of the general statutes is repealed and the 112
	143	+	following is substituted in lieu thereof (Effective October 1, 2024): 113
	144	+	(a) There shall be a supervised diversionary program for persons 114
	145	+	with psychiatric disabilities, persons with intellectual disabilities, 115
	146	+	persons with autism spectrum disorder or persons who are veterans, 116
	147	+	who are accused of a crime or crimes or a motor vehicle violation or 117
	148	+	violations for which a sentence to a term of imprisonment may be 118 Substitute Bill No. 5500
171	149
172		-	privilege may be suspended in accordance with the provisions of this
173		-	section if such police officer concludes, through investigation, that such
174		-	person was operating a motor vehicle under the influence of
175		-	intoxicating liquor or any drug, or both; and
176		-	(2) Submit a report to the commissioner in accordance with the
177		-	procedure set forth in subsection (c) of this section and, if such report
178		-	contains the results of a blood, breath or urine test that does not show
179		-	an elevated blood alcohol content, such report shall conform to the
180		-	requirements in subsection (c) of this section for reports that contain
181		-	results showing an elevated blood alcohol content. In any report
182		-	submitted under this subdivision, the officer shall document (A) the
183		-	basis for the officer's belief that there was probable cause to arrest such
184		-	person for a violation of section 14-227a or 14-227m or subdivision (1)
185		-	or (2) of subsection (a) of section 14-227n, and (B) whether the officer
186		-	concluded, through investigation, that the person was operating a
187		-	motor vehicle under the influence of intoxicating liquor or any drug, or
188		-	both. With such report, the officer may submit other supporting
189		-	documentation indicating the person's intoxication by liquor or any
190		-	drug, or both. If the officer concludes, through investigation, that the
191		-	person was operating a motor vehicle under the influence of
192		-	intoxicating liquor or any drug, or both, the officer shall immediately
193		-	revoke and take possession of the motor vehicle operator's license or, if
194		-	such person is not licensed or is a nonresident, suspend the operating
195		-	privilege of such person for a twenty-four-hour period.
196		-	(e) (1) Except as provided in subdivision (2) of this subsection, upon
197		-	receipt of a report submitted under subsection (c) or (d) of this section,
198		-	the commissioner may suspend any operator's license or operating
199		-	privilege of such person effective as of a date certain, which date certain
200		-	shall be not later than thirty days from the later of the date such person
201		-	received (A) notice of such person's arrest by the police officer, or (B) the
202		-	results of a blood or urine test or a drug influence evaluation. Any Substitute House Bill No. 5500
203	150
204		-	~~Public Act No. 24-137~~ 7 of 20
	151	+	LCO 5 of 25
205	152
206		-	person whose operator's license or operating privilege has been
207		-	suspended in accordance with this subdivision shall automatically be
208		-	entitled to a hearing before the commissioner to be held in accordance
209		-	with the provisions of chapter 54 and prior to the effective date of the
210		-	suspension. The commissioner shall send a suspension notice to such
211		-	person informing such person that such person's operator's license or
212		-	operating privilege is suspended as of a date certain and that such
213		-	person is entitled to a hearing prior to the effective date of the
214		-	suspension and may schedule such hearing by contacting the
215		-	Department of Motor Vehicles not later than seven days after the date
216		-	of mailing of such suspension notice.
217		-	(2) Upon receipt of a report that (A) the person's arrest involved an
218		-	accident resulting in a fatality, or (B) the person has previously had such
219		-	person's operator's license or operating privilege suspended under the
220		-	provisions of section 14-227a, 14-227m or 14-227n during the ten-year
221		-	period preceding the present arrest, the commissioner may suspend any
222		-	operator's license or operating privilege of such person effective as of
223		-	the date specified in a notice of such suspension to such person. A
224		-	person whose operator's license or operating privilege has been
225		-	suspended in accordance with this subdivision shall automatically be
226		-	entitled to a hearing before the commissioner, to be held in accordance
227		-	with the provisions of chapter 54. The commissioner shall send a
228		-	suspension notice to such person informing such person that such
229		-	person's operator's license or operating privilege is suspended as of the
230		-	date specified in such suspension notice, and that such person is entitled
231		-	to a hearing and may schedule such hearing by contacting the
232		-	Department of Motor Vehicles not later than seven days after the date
233		-	of mailing of such suspension notice. Any suspension issued under this
234		-	subdivision shall remain in effect until such suspension is affirmed
235		-	under subsection (f) of this section or such operator's license or
236		-	operating privilege is reinstated in accordance with subsection (h) of this
237		-	section. Substitute House Bill No. 5500
	153	+	imposed, which crimes or violations are not of a serious nature. For the 119
	154	+	purposes of this section, (1) "psychiatric disability" means a mental or 120
	155	+	emotional condition, other than solely substance abuse, that (A) has 121
	156	+	substantial adverse effects on the defendant's ability to function, and (B) 122
	157	+	requires care and treatment, (2) "autism spectrum disorder" has the 123
	158	+	same meaning as provided in section 17a-215f, and [(2)] (3) "veteran" 124
	159	+	means a veteran, as defined in section 27-103, who is found, pursuant to 125
	160	+	subsection (d) of this section, to have a mental health condition that is 126
	161	+	amenable to treatment. 127
	162	+	(b) A person shall be ineligible to participate in such supervised 128
	163	+	diversionary program if such person (1) is ineligible to participate in the 129
	164	+	pretrial program for accelerated rehabilitation under subsection (c) of 130
	165	+	section 54-56e, except if a person's ineligibility is based on the person's 131
	166	+	being eligible for the pretrial family violence education program 132
	167	+	established under section 46b-38c, the court may permit such person to 133
	168	+	participate in the supervised diversionary program if it finds that the 134
	169	+	supervised diversionary program is the more appropriate program 135
	170	+	under the circumstances of the case, or (2) has twice previously 136
	171	+	participated in such supervised diversionary program. 137
	172	+	(c) Upon application by any such person for participation in such 138
	173	+	program, the court shall, but only as to the public, order the court file 139
	174	+	sealed, provided such person states under oath, in open court or before 140
	175	+	any person designated by the clerk and duly authorized to administer 141
	176	+	oaths, under penalties of perjury, that such person has not had such 142
	177	+	program invoked in such person's behalf more than once. Court 143
	178	+	personnel shall provide notice, on a form prescribed by the Office of the 144
	179	+	Chief Court Administrator, to any victim of such crime or motor vehicle 145
	180	+	violation, by registered or certified mail, that such person has applied to 146
	181	+	participate in the program and that such victim has an opportunity to 147
	182	+	be heard by the court on the matter. 148
	183	+	(d) The court shall refer such person to the Court Support Services 149
	184	+	Division for confirmation of eligibility and assessment of the person's 150
	185	+	mental health condition, intellectual disability or autism spectrum 151 Substitute Bill No. 5500
238	186
239		-	Public Act No. 24-137 8 of 20
240	187
241		-	(f) If such person does not contact the department to schedule a
242		-	hearing, the commissioner shall affirm the suspension contained in the
243		-	suspension notice for the appropriate period specified in subsection (i)
244		-	of this section.
245		-	(g) (1) If such person contacts the department to schedule a hearing,
246		-	the department shall assign a date, time and place for the hearing, which
247		-	date shall be prior to the effective date of the suspension, except that,
248		-	with respect to a person whose operator's license or operating privilege
249		-	is suspended in accordance with subdivision (2) of subsection (e) of this
250		-	section, such hearing shall be scheduled not later than thirty days after
251		-	such person contacts the department. At the request of such person, the
252		-	hearing officer or the department and upon a showing of good cause,
253		-	the commissioner may grant one or more continuances.
254		-	(2) A hearing based on a report submitted under subsection (c) of this
255		-	section shall be limited to a determination of the following issues: (A)
256		-	Did the police officer have probable cause to arrest the person for
257		-	operating a motor vehicle while under the influence of intoxicating
258		-	liquor or any drug, or both; (B) was such person placed under arrest; (C)
259		-	did such person (i) refuse to submit to such test or nontestimonial
260		-	portion of a drug influence evaluation, or (ii) submit to such test,
261		-	commenced within two hours of the time of operation, and the results
262		-	of such test indicated that such person had an elevated blood alcohol
263		-	content; and (D) was such person operating the motor vehicle.
264		-	(3) A hearing based on a report submitted under subsection (d) of this
265		-	section shall be limited to a determination of the following issues: (A)
266		-	Did the police officer have probable cause to arrest the person for
267		-	operating a motor vehicle while under the influence of intoxicating
268		-	liquor or any drug, or both; (B) was such person placed under arrest; (C)
269		-	was such person operating a motor vehicle under the influence of
270		-	intoxicating liquor or any drug, or both; and (D) was such person
271		-	operating the motor vehicle. Substitute House Bill No. 5500
	188	+	LCO 6 of 25
272	189
273		-	Public Act No. 24-137 9 of 20
	190	+	disorder. The prosecuting attorney shall provide the division with a 152
	191	+	copy of the police report in the case to assist the division in its 153
	192	+	assessment. The division shall determine if the person is amenable to 154
	193	+	treatment and if appropriate community supervision, treatment and 155
	194	+	services are available. If such assessment is for an intellectual disability 156
	195	+	or autism spectrum disorder, the Department of Developmental 157
	196	+	Services, the Department of Social Services or the Department of Mental 158
	197	+	Health and Addiction Services shall assist the division in conducting 159
	198	+	such assessment and identifying appropriate treatment and services. If 160
	199	+	the division determines that the person is amenable to treatment and 161
	200	+	that appropriate community supervision, treatment and services are 162
	201	+	available, the division shall develop a treatment plan tailored to the 163
	202	+	person and shall present the treatment plan to the court. 164
	203	+	(e) Upon confirmation of eligibility and consideration of the 165
	204	+	treatment plan presented by the Court Support Services Division, the 166
	205	+	court may grant the application for participation in the program. If the 167
	206	+	court grants the application, such person shall be referred to the 168
	207	+	division. [The division may collaborate with the Department of Mental 169
	208	+	Health and Addiction Services, the Department of Veterans Affairs or 170
	209	+	the United States Department of Veterans Affairs, as applicable, to place 171
	210	+	such person in a program that provides appropriate community 172
	211	+	supervision, treatment and services.] The person shall be subject to the 173
	212	+	supervision of a probation officer who has a reduced caseload and 174
	213	+	specialized training in working with persons with psychiatric 175
	214	+	disabilities, intellectual disabilities and autism spectrum disorder. 176
	215	+	(f) The Court Support Services Division shall establish policies and 177
	216	+	procedures to require division employees to notify any victim of the 178
	217	+	person admitted to the program of any conditions ordered by the court 179
	218	+	that directly affect the victim and of such person's scheduled court 180
	219	+	appearances with respect to the case. 181
	220	+	(g) Any person who enters the program shall agree: (1) To the tolling 182
	221	+	of the statute of limitations with respect to such crime or violation; (2) 183
	222	+	to a waiver of such person's right to a speedy trial; and (3) to any 184 Substitute Bill No. 5500
274	223
275		-	(4) In a hearing under this subsection, the results of the test, if
276		-	administered, shall be sufficient to indicate the ratio of alcohol in the
277		-	blood of such person at the time of operation, provided such test was
278		-	commenced within two hours of the time of operation. The fees of any
279		-	witness summoned to appear at a hearing under this subsection shall be
280		-	the same as provided by the general statutes for witnesses in criminal
281		-	cases. Notwithstanding the provisions of subsection (a) of section 52-
282		-	143, any subpoena summoning a police officer as a witness shall be
283		-	served not less than seventy-two hours prior to the designated time of
284		-	the hearing.
285		-	(5) In a hearing based on a report submitted under subsection (d) of
286		-	this section, evidence of operation under the influence of intoxicating
287		-	liquor or any drug, or both shall be admissible. Such evidence may
288		-	include, but need not be limited to, (A) the police officer's observations
289		-	of intoxication, as documented in a report submitted to the
290		-	commissioner under subsection (d) of this section; (B) the results of any
291		-	chemical test administered under this section or a toxicology report
292		-	certified by the Division of Scientific Services within the Department of
293		-	Emergency Services and Public Protection; (C) hospital or medical
294		-	records obtained in accordance with subsection (j) of this section or by
295		-	the consent of the operator; (D) the results of any tests conducted by, or
296		-	the report of, an officer trained in advanced roadside impaired driving
297		-	enforcement; or (E) reports of drug recognition experts.
298		-	(h) If, after a hearing under subdivision (2) of subsection (g) of this
299		-	section, the commissioner finds in the negative on any one of the issues
300		-	specified in subparagraph (A), (B), (C) or (D) of said subdivision, the
301		-	commissioner shall reinstate such license or operating privilege. If, after
302		-	a hearing under subdivision (3) of subsection (g) of this section, the
303		-	commissioner finds in the negative on any one of the issues specified in
304		-	subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner
305		-	shall reinstate such license or operating privilege. If, after such hearing Substitute House Bill No. 5500
306	224
307		-	~~Public Act No. 24-137~~ 10 of 20
	225	+	LCO 7 of 25
308	226
309		-	under subdivision (2) or (3) of subsection (g) of this section, the
310		-	commissioner does not find on any one of said issues in the negative or
311		-	if such person fails to appear at such hearing, the commissioner shall
312		-	affirm the suspension contained in the suspension notice for the
313		-	appropriate period specified in subsection (i) of this section. The
314		-	commissioner shall render a decision at the conclusion of such hearing
315		-	and send a notice of the decision by bulk certified mail or by personal
316		-	delivery, as defined in section 4-166, to such person. The notice of such
317		-	decision sent by bulk certified mail or by personal delivery to the
318		-	address of such person as shown by the records of the commissioner
319		-	shall be sufficient notice to such person that such person's operator's
320		-	license or operating privilege is reinstated or suspended, as the case may
321		-	be. A notice of the decision shall only be transmitted by personal
322		-	delivery if the operator has consented, in writing, to such personal
323		-	delivery.
324		-	(i) (1) The commissioner shall suspend the operator's license or
325		-	operating privilege of a person who did not contact the department to
326		-	schedule a hearing, who failed to appear at a hearing, or against whom
327		-	a decision was issued, after a hearing, pursuant to subsection (h) of this
328		-	section, as of the effective date contained in the suspension notice, for a
329		-	period of forty-five days. As a condition for the restoration of such
330		-	operator's license or operating privilege, such person shall be required
331		-	to install an ignition interlock device on each motor vehicle owned or
332		-	operated by such person and, upon such restoration, be prohibited from
333		-	operating a motor vehicle unless such motor vehicle is equipped with a
334		-	functioning, approved ignition interlock device, as defined in section 14-
335		-	227j, for the longer of either (A) the period prescribed in subdivision (2)
336		-	of this subsection for the present arrest and suspension, or (B) the period
337		-	prescribed in subdivision (1), (2) or (3) of subsection (g) of section 14-
338		-	227a or subdivision (1), (2) or (3) of subsection (c) of section 14-227m or
339		-	subdivision (1) or (2) of subsection (c) of section 14-227n for the present
340		-	arrest and conviction, if any. Substitute House Bill No. 5500
	227	+	conditions that may be established by the division concerning 185
	228	+	participation in the supervised diversionary program including 186
	229	+	conditions concerning participation in meetings or sessions of the 187
	230	+	program. 188
	231	+	(h) If the Court Support Services Division informs the court that such 189
	232	+	person is ineligible for the program and the court makes a determination 190
	233	+	of ineligibility or if the division certifies to the court that such person 191
	234	+	did not successfully complete the assigned program, the court shall 192
	235	+	order the court file to be unsealed, enter a plea of not guilty for such 193
	236	+	person and immediately place the case on the trial list. 194
	237	+	(i) If such person satisfactorily completes the assigned program, such 195
	238	+	person may apply for dismissal of the charges against such person and 196
	239	+	the court, on reviewing the record of such person's participation in such 197
	240	+	program submitted by the Court Support Services Division and on 198
	241	+	finding such satisfactory completion, shall dismiss the charges. If such 199
	242	+	person does not apply for dismissal of the charges against such person 200
	243	+	after satisfactorily completing the assigned program, the court, upon 201
	244	+	receipt of the record of such person's participation in such program 202
	245	+	submitted by the Court Support Services Division, may on its own 203
	246	+	motion make a finding of such satisfactory completion and dismiss the 204
	247	+	charges. Except as provided in subsection (j) of this section, upon 205
	248	+	dismissal, all records of such charges shall be erased pursuant to section 206
	249	+	54-142a. An order of the court denying a motion to dismiss the charges 207
	250	+	against a person who has completed such person's period of probation 208
	251	+	or supervision or terminating the participation of a person in such 209
	252	+	program shall be a final judgment for purposes of appeal. 210
	253	+	(j) The Court Support Services Division shall develop and maintain a 211
	254	+	database of information concerning persons admitted to the supervised 212
	255	+	diversionary program that shall be available to the state police and 213
	256	+	organized local police departments for use by sworn police officers 214
	257	+	when responding to incidents involving such persons. Such information 215
	258	+	shall include the person's name, date of birth, Social Security number, 216
	259	+	the violation or violations with which the person was charged, the dates 217 Substitute Bill No. 5500
341	260
342		-	Public Act No. 24-137 11 of 20
343	261
344		-	(2) (A) A person twenty-one years of age or older at the time of the
345		-	arrest who submitted to a test and the results of such test indicated that
346		-	such person had an elevated blood alcohol content, or was found to have
347		-	been operating a motor vehicle under the influence of intoxicating
348		-	liquor or any drug, or both based on a report filed pursuant to
349		-	subsection (d) of this section, shall install and maintain an ignition
350		-	interlock device for the following periods: (i) For a first suspension
351		-	under this section, six months; (ii) for a second suspension under this
352		-	section, one year; and (iii) for a third or subsequent suspension under
353		-	this section, two years; (B) a person under twenty-one years of age at the
354		-	time of the arrest who submitted to a test and the results of such test
355		-	indicated that such person had an elevated blood alcohol content, or was
356		-	found to have been operating a motor vehicle under the influence of
357		-	intoxicating liquor or any drug, or both based on a report filed pursuant
358		-	to subsection (d) of this section, shall install and maintain an ignition
359		-	interlock device for the following periods: (i) For a first suspension
360		-	under this section, one year; (ii) for a second suspension under this
361		-	section, two years; and (iii) for a third or subsequent suspension under
362		-	this section, three years; and (C) a person, regardless of age, who refused
363		-	to submit to a test or nontestimonial portion of a drug influence
364		-	evaluation shall install and maintain an ignition interlock device for the
365		-	following periods: (i) For a first suspension under this section, one year;
366		-	(ii) for a second suspension under this section, two years; and (iii) for a
367		-	third or subsequent suspension, under this section, three years.
368		-	(3) Notwithstanding the provisions of subdivisions (1) and (2) of this
369		-	subsection, a person whose motor vehicle operator's license or operating
370		-	privilege has been permanently revoked upon a third offense pursuant
371		-	to subsection (g) of section 14-227a or subsection (c) of section 14-227m
372		-	shall be subject to the penalties prescribed in subdivision (2) of
373		-	subsection (i) of section 14-111.
374		-	(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, Substitute House Bill No. 5500
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375	263
376		-	Public Act No. 24-137 12 of 20
	264	+	of program participation and whether a deadly weapon or dangerous 218
	265	+	instrument was involved in the violation or violations for which the 219
	266	+	program was granted. The division shall enter such information in the 220
	267	+	database upon such person's entry into the program, update such 221
	268	+	information as necessary and retain such information for a period of five 222
	269	+	years after the date of such person's entry into the program. 223
	270	+	(k) The Court Support Services Division, [in consultation] may 224
	271	+	consult with the Department of Mental Health and Addiction Services, 225
	272	+	[shall] the Department of Veterans Affairs or the United States 226
	273	+	Department of Veterans Affairs and the Department of Developmental 227
	274	+	Services to develop standards and oversee appropriate treatment 228
	275	+	programs to meet the requirements of this section and may contract 229
	276	+	with service providers to provide such programs. 230
	277	+	(l) The Court Support Services Division shall retain the police report 231
	278	+	provided to it by the prosecuting attorney and the record of supervision 232
	279	+	including the dates of supervision and shall provide such information 233
	280	+	to the court, prosecuting attorney and defense counsel whenever a court 234
	281	+	is considering whether to grant an application by such person for 235
	282	+	participation in the supervised diversionary program for a second time. 236
	283	+	Sec. 4. Section 14-227b of the general statutes is repealed and the 237
	284	+	following is substituted in lieu thereof (Effective October 1, 2024): 238
	285	+	(a) Any person who operates a motor vehicle in this state shall be 239
	286	+	deemed to have given such person's consent to: (1) A chemical test of 240
	287	+	such person's blood, breath or urine; and (2) a nontestimonial portion of 241
	288	+	a drug influence evaluation conducted by a drug recognition expert. If 242
	289	+	such person is a minor, such person's parent or parents or guardian shall 243
	290	+	also be deemed to have given their consent for such test or evaluation. 244
	291	+	As used in this section, "motor vehicle" includes a snowmobile and all-245
	292	+	terrain vehicle, as such terms are defined in section 14-379. 246
	293	+	(b) (1) A police officer who has placed a person under arrest for a 247
	294	+	violation of section 14-227a, 14-227m or subdivision (1) or (2) of 248
	295	+	subsection (a) of section 14-227n may request that such person submit 249 Substitute Bill No. 5500
377	296
378		-	of this section, any police officer who obtains the results of a test of a
379		-	blood sample taken from or a urine sample provided by an operator of
380		-	a motor vehicle who was involved in an accident and suffered or
381		-	allegedly suffered physical injury in such accident, or who was
382		-	otherwise deemed by a police officer to require treatment or observation
383		-	at a hospital, shall notify the commissioner and submit to the
384		-	commissioner a written report if such results indicate that such person
385		-	had an elevated blood alcohol content, or any quantity of an intoxicating
386		-	liquor or any drug, or both, in such person's blood, and if such person
387		-	was arrested for violation of section 14-227a or 14-227m or subdivision
388		-	(1) or (2) of subsection (a) of section 14-227n. The report shall be made
389		-	on a form approved by the commissioner containing such information
390		-	as the commissioner prescribes, and shall be subscribed and sworn to
391		-	under penalty of false statement, as provided in section 53a-157b, by the
392		-	police officer. The commissioner may, after notice and an opportunity
393		-	for hearing, which shall be conducted by a hearing officer on behalf of
394		-	the commissioner in accordance with chapter 54, suspend the motor
395		-	vehicle operator's license or operating privilege of such person for the
396		-	appropriate period of time specified in subsection (i) of this section and
397		-	require such person to install and maintain an ignition interlock device
398		-	for the appropriate period of time prescribed in subsection (i) of this
399		-	section. Each hearing conducted under this subsection shall be limited
400		-	to a determination of the following issues: (1) Whether the police officer
401		-	had probable cause to arrest the person for operating a motor vehicle
402		-	while under the influence of intoxicating liquor or drug, or both; (2)
403		-	whether such person was placed under arrest; (3) whether such person
404		-	was operating the motor vehicle; (4) whether (A) the results of the
405		-	analysis of the blood or urine of such person indicate that such person
406		-	had an elevated blood alcohol content, or (B) the person was operating
407		-	a motor vehicle under the influence of intoxicating liquor or any drug,
408		-	or both; and (5) in the event that a blood sample was taken, whether the
409		-	blood sample was obtained in accordance with conditions for
410		-	admissibility and competence as evidence as set forth in subsection (k) Substitute House Bill No. 5500
411	297
412		-	~~Public Act No. 24-137~~ 13 of 20
	298	+	LCO 9 of 25
413	299
414		-	of section 14-227a. If, after such hearing, the commissioner finds on any
415		-	one of the said issues in the negative, the commissioner shall not impose
416		-	a suspension. The fees of any witness summoned to appear at the
417		-	hearing shall be the same as provided by the general statutes for
418		-	witnesses in criminal cases, as provided in section 52-260.
419		-	(k) The provisions of this section shall apply with the same effect to
420		-	the refusal by any person to submit to an additional chemical test as
421		-	provided in subparagraph (E) of subdivision (1) of subsection (b) of
422		-	section 14-227a.
423		-	(l) The provisions of this section shall not apply to any person whose
424		-	physical condition is such that, according to competent medical advice,
425		-	such test would be inadvisable.
426		-	(m) Notwithstanding the provisions of this section, when a person is
427		-	required, pursuant to this section, to install and maintain an ignition
428		-	interlock device or is prohibited, pursuant to this section, from
429		-	operating a motor vehicle except under the condition that such device
430		-	is installed and maintained on such vehicle, such requirement and
431		-	condition shall cease to apply to such person upon any of the following
432		-	conditions being met in the case of an arrest for a violation of section 14-
433		-	227a, 14-227m or subdivision (1) or (2) of subsection (a) of section 14-
434		-	227n (1) for which the only intoxicating substance detected is cannabis:
435		-	(A) All charges resulting from such alleged violation are withdrawn,
436		-	nolled or dismissed; (B) the person has been acquitted of any charges
437		-	resulting from such alleged violation; or (C) any conviction of such
438		-	person based upon any charges resulting from such alleged violation is
439		-	vacated, overturned or erased, or (2) for which the person was convicted
440		-	for such violation, alcohol was detected as an intoxicating substance for
441		-	such violation and such person has received an absolute pardon for each
442		-	such conviction. Upon the ceasing of the application of such
443		-	requirement and condition upon such person, the commissioner shall
444		-	provide written notification to the person indicating that such Substitute House Bill No. 5500
	300	+	to a blood, breath or urine test at the option of the police officer, a drug 250
	301	+	influence evaluation conducted by a drug recognition expert, or both, 251
	302	+	after such person has been (A) apprised of such person's constitutional 252
	303	+	rights; (B) afforded a reasonable opportunity to telephone an attorney 253
	304	+	prior to the performance of such test or evaluation; (C) informed that 254
	305	+	evidence of any refusal to submit to such test or evaluation shall be 255
	306	+	admissible in accordance with subsection (e) of section 14-227a and may 256
	307	+	be used against such person in any criminal prosecution, except that 257
	308	+	refusal to submit to the testimonial portions of a drug influence 258
	309	+	evaluation shall not be considered evidence of refusal of such evaluation 259
	310	+	for purposes of any criminal prosecution; and (D) informed that such 260
	311	+	person's license or operating privilege may be suspended in accordance 261
	312	+	with the provisions of this section if (i) such person refuses to submit to 262
	313	+	such test or the nontestimonial portion of a drug influence evaluation, 263
	314	+	(ii) such person submits to such test and the results of such test indicate 264
	315	+	that such person has an elevated blood alcohol content, or (iii) the officer 265
	316	+	concludes, through investigation, that such person was operating a 266
	317	+	motor vehicle under the influence of intoxicating liquor or any drug, or 267
	318	+	both. 268
	319	+	(2) If the person refuses to submit to any test or drug influence 269
	320	+	evaluation, the test or evaluation shall not be given, except if the person 270
	321	+	refuses or is unable to submit to a blood test, the police officer shall 271
	322	+	designate another test to be taken. If a person submits to a breath test 272
	323	+	and the police officer, for reasonable cause, requests an additional 273
	324	+	chemical test of a different type to detect the presence of a drug or drugs 274
	325	+	other than or in addition to alcohol, the officer may administer such test, 275
	326	+	except that if such person refuses or is unable to submit to a blood test, 276
	327	+	the officer shall designate a urine test to be taken. The police officer shall 277
	328	+	make a notation upon the records of the law enforcement unit, as 278
	329	+	defined in section 7-294a, that such officer informed the person that such 279
	330	+	person's license or operating privilege may be suspended if (A) such 280
	331	+	person refused to submit to such test or nontestimonial portion of a drug 281
	332	+	influence evaluation; (B) such person submitted to such test and the 282
	333	+	results of such test indicated that such person had an elevated blood 283 Substitute Bill No. 5500
445	334
446		-	Public Act No. 24-137 14 of 20
447	335
448		-	requirement and condition has ceased to apply to such person. The
449		-	provisions of this subsection shall not affect any other requirement or
450		-	condition applied to such person.
451		-	[(m)] (n) The state shall pay the reasonable charges of any physician
452		-	who, at the request of a law enforcement unit, as defined in section 7-
453		-	294a, takes a blood sample for purposes of a test under the provisions of
454		-	this section.
455		-	[(n)] (o) For the purposes of this section, "elevated blood alcohol
456		-	content" means (1) a ratio of alcohol in the blood of such person that is
457		-	eight-hundredths of one per cent or more of alcohol, by weight, (2) if
458		-	such person is operating a commercial motor vehicle, a ratio of alcohol
459		-	in the blood of such person that is four-hundredths of one per cent or
460		-	more of alcohol, by weight, or (3) if such person is less than twenty-one
461		-	years of age, a ratio of alcohol in the blood of such person that is two-
462		-	hundredths of one per cent or more of alcohol, by weight.
463		-	[(o)] (p) The Commissioner of Motor Vehicles shall adopt regulations,
464		-	in accordance with chapter 54, to implement the provisions of this
465		-	section.
466		-	Sec. 3. (NEW) (Effective from passage and applicable to any offense
467		-	committed prior to, on or after said date) Any offense committed by means
468		-	of communication transmitted by use of an interactive computer service,
469		-	as defined in section 53a-90a of the general statutes, computer network,
470		-	as defined in section 53a-250 of the general statutes, telecommunications
471		-	service, as defined in section 16-247a of the general statutes, cellular
472		-	system, as used in section 16-50i of the general statutes, electronic
473		-	communication service, as defined in section 54-260b of the general
474		-	statutes or electronic communication system, as defined in 18 USC 2510,
475		-	as amended from time to time, including electronic mail or text message
476		-	or any other electronically sent message, whether by digital media
477		-	account, messaging program or application, may be deemed to have Substitute House Bill No. 5500
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478	337
479		-	Public Act No. 24-137 15 of 20
	338	+	alcohol content; or (C) the officer concludes, through investigation, that 284
	339	+	such person was operating a motor vehicle under the influence of 285
	340	+	intoxicating liquor or any drug, or both. 286
	341	+	(c) If the person arrested refuses to submit to such test or 287
	342	+	nontestimonial portion of a drug influence evaluation or submits to such 288
	343	+	test, commenced within two hours of the time of operation, and the 289
	344	+	results of such test indicate that such person has an elevated blood 290
	345	+	alcohol content, the police officer, acting on behalf of the Commissioner 291
	346	+	of Motor Vehicles, shall immediately revoke and take possession of the 292
	347	+	motor vehicle operator's license or, if such person is not licensed or is a 293
	348	+	nonresident, suspend the operating privilege of such person, for a 294
	349	+	twenty-four-hour period. The police officer shall prepare a report of the 295
	350	+	incident and shall mail or otherwise transmit in accordance with this 296
	351	+	subsection the report and a copy of the results of any chemical test to 297
	352	+	the Department of Motor Vehicles within three business days. The 298
	353	+	report shall contain such information as prescribed by the 299
	354	+	Commissioner of Motor Vehicles and shall be subscribed and sworn to 300
	355	+	under penalty of false statement as provided in section 53a-157b by the 301
	356	+	arresting officer. If the person arrested refused to submit to such test or 302
	357	+	evaluation, the report shall be endorsed by a third person who 303
	358	+	witnessed such refusal. The report shall set forth the grounds for the 304
	359	+	officer's belief that there was probable cause to arrest such person for a 305
	360	+	violation of section 14-227a or 14-227m or subdivision (1) or (2) of 306
	361	+	subsection (a) of section 14-227n and shall state that such person had 307
	362	+	refused to submit to such test or evaluation when requested by such 308
	363	+	police officer to do so or that such person submitted to such test, 309
	364	+	commenced within two hours of the time of operation, and the results 310
	365	+	of such test indicated that such person had an elevated blood alcohol 311
	366	+	content. A drug influence evaluation need not be commenced within 312
	367	+	two hours of the time of operation. The Commissioner of Motor Vehicles 313
	368	+	may accept a police report under this subsection that is prepared and 314
	369	+	transmitted as an electronic record, including electronic signature or 315
	370	+	signatures, subject to such security procedures as the commissioner may 316
	371	+	specify and in accordance with the provisions of sections 1-266 to 1-286, 317 Substitute Bill No. 5500
480	372
481		-	been committed either at the place where the communication originated
482		-	or at the place where it was received.
483		-	Sec. 4. Section 18-85 of the 2024 supplement to the general statutes is
484		-	repealed and the following is substituted in lieu thereof (Effective October
485		-	1, 2024):
486		-	(a) The Commissioner of Correction, after consultation with the
487		-	Commissioner of Administrative Services and the Secretary of the Office
488		-	of Policy and Management, shall establish a schedule of compensation
489		-	for services performed on behalf of the state by [inmates of] persons who
490		-	are incarcerated in any institution or facility of the department. Such
491		-	schedule shall (1) recognize degrees of merit, diligence and skill in order
492		-	to encourage inmate incentive and industry, and (2) establish a pay
493		-	[range] rate of not less than [five dollars per week, but not greater than
494		-	ten dollars per week] one dollar per day with higher rates of pay based
495		-	upon skill level or other factors, as determined by the Commissioner of
496		-	Correction, or the commissioner's designee.
497		-	(b) Compensation so earned shall be deposited, under the direction
498		-	of the Commissioner of Correction, in an account in a savings bank or
499		-	state bank and trust company in this state or an account administered
500		-	by the State Treasurer. Any compensation so earned shall be paid to the
501		-	[inmate on the inmate's] incarcerated person upon such person's release
502		-	from incarceration in the form of a debit card, except that the
503		-	commissioner may, while [the inmate] such person is in custody,
504		-	disburse any compensation earned by such [inmate] person in
505		-	accordance with the following priorities: (1) Federal taxes due; (2)
506		-	restitution or payment of compensation to a crime victim ordered by
507		-	any court of competent jurisdiction; (3) payment of a civil judgment
508		-	rendered in favor of a crime victim by any court of competent
509		-	jurisdiction; (4) victims compensation through the criminal injuries
510		-	account administered by the Office of Victim Services; (5) state taxes
511		-	due; (6) support of the [inmate's] incarcerated person's dependents, if Substitute House Bill No. 5500
512	373
513		-	~~Public Act No. 24-137~~ 16 of 20
	374	+	LCO 11 of 25
514	375
515		-	any; (7) the [inmate's] incarcerated person's necessary travel expense to
516		-	and from work and other incidental expenses; (8) costs of such
517		-	[inmate's] person's incarceration under section 18-85a and regulations
518		-	adopted in accordance with said section; and (9) payment to the clerk of
519		-	the court in which an [inmate] incarcerated person, confined in a
520		-	correctional facility only for payment of a fine, was convicted, such
521		-	portion of such compensation as is necessary to pay such fine. Any
522		-	interest that accrues shall be credited to any institutional fund
523		-	established for the welfare of [inmates] incarcerated persons.
524		-	Compensation under this section shall be in addition to any
525		-	compensation received or credited under section 18-50.
526		-	Sec. 5. Section 54-53 of the general statutes is repealed and the
527		-	following is substituted in lieu thereof (Effective October 1, 2024):
528		-	Each person detained in a community correctional center pursuant to
529		-	the issuance of a bench warrant of arrest or for arraignment, sentencing
530		-	or trial for an offense not punishable by death shall be entitled to bail
531		-	and shall be released from such institution upon entering into a
532		-	recognizance, with sufficient surety, or upon posting cash bail, in an
533		-	amount rounded down to the nearest dollar, as provided in section 54-
534		-	66, for the detained person's appearance before the court having
535		-	cognizance of the offense, to be taken by any person designated by the
536		-	Commissioner of Correction at the institution where the person is
537		-	detained. The person so designated shall deliver the recognizance or
538		-	cash bail to the clerk of the appropriate court before the opening of the
539		-	court on the first court day thereafter. When cash bail in excess of ten
540		-	thousand dollars is received for a detained person accused of a felony,
541		-	where the underlying facts and circumstances of the felony involve the
542		-	use, attempted use or threatened use of physical force against another
543		-	person, the person so designated shall prepare a report that contains (1)
544		-	the name, address and taxpayer identification number of the detained
545		-	person, (2) the name, address and taxpayer identification number of Substitute House Bill No. 5500
	376	+	inclusive. In any hearing conducted pursuant to the provisions of 318
	377	+	subsection (g) of this section, it shall not be a ground for objection to the 319
	378	+	admissibility of a police report that it is an electronic record prepared by 320
	379	+	electronic means. 321
	380	+	(d) If a police officer who has placed a person under arrest for a 322
	381	+	violation of section 14-227a or 14-227m or subdivision (1) or (2) of 323
	382	+	subsection (a) of section 14-227n does not request that such person 324
	383	+	submit to a blood, breath or urine test under subsection (b) of this 325
	384	+	section, or obtains results from a test administered under subsection (b) 326
	385	+	of this section that indicate that the person does not have an elevated 327
	386	+	blood alcohol content, such officer shall: 328
	387	+	(1) Advise such person that such person's license or operating 329
	388	+	privilege may be suspended in accordance with the provisions of this 330
	389	+	section if such police officer concludes, through investigation, that such 331
	390	+	person was operating a motor vehicle under the influence of 332
	391	+	intoxicating liquor or any drug, or both; and 333
	392	+	(2) Submit a report to the commissioner in accordance with the 334
	393	+	procedure set forth in subsection (c) of this section and, if such report 335
	394	+	contains the results of a blood, breath or urine test that does not show 336
	395	+	an elevated blood alcohol content, such report shall conform to the 337
	396	+	requirements in subsection (c) of this section for reports that contain 338
	397	+	results showing an elevated blood alcohol content. In any report 339
	398	+	submitted under this subdivision, the officer shall document (A) the 340
	399	+	basis for the officer's belief that there was probable cause to arrest such 341
	400	+	person for a violation of section 14-227a or 14-227m or subdivision (1) 342
	401	+	or (2) of subsection (a) of section 14-227n, and (B) whether the officer 343
	402	+	concluded, through investigation, that the person was operating a 344
	403	+	motor vehicle under the influence of intoxicating liquor or any drug, or 345
	404	+	both. With such report, the officer may submit other supporting 346
	405	+	documentation indicating the person's intoxication by liquor or any 347
	406	+	drug, or both. If the officer concludes, through investigation, that the 348
	407	+	person was operating a motor vehicle under the influence of 349
	408	+	intoxicating liquor or any drug, or both, the officer shall immediately 350 Substitute Bill No. 5500
546	409
547		-	Public Act No. 24-137 17 of 20
548	410
549		-	each person offering the cash bail, other than a person licensed as a
550		-	professional bondsman under chapter 533 or a surety bail bond agent
551		-	under chapter 700f, (3) the amount of cash received, and (4) the date the
552		-	cash was received. Not later than fifteen days after receipt of such cash
553		-	bail, the person so designated shall file the report with the Department
554		-	of Revenue Services and mail a copy of the report to the state's attorney
555		-	for the judicial district in which the alleged offense was committed and
556		-	to each person offering the cash bail.
557		-	Sec. 6. Subsection (i) of section 54-56d of the general statutes is
558		-	repealed and the following is substituted in lieu thereof (Effective October
559		-	1, 2024):
560		-	(i) (1) The placement of the defendant for treatment for the purpose
561		-	of rendering the defendant competent shall comply with the following
562		-	conditions: [(1)] (A) The period of placement under the order or
563		-	combination of orders shall not exceed the period of the maximum
564		-	sentence which the defendant could receive on conviction of the charges
565		-	against the defendant or eighteen months, whichever is less; [(2)] (B) the
566		-	placement shall be either [(A)] (i) in the custody of the Commissioner of
567		-	Mental Health and Addiction Services, the Commissioner of Children
568		-	and Families or the Commissioner of Developmental Services, except
569		-	that any defendant placed for treatment with the Commissioner of
570		-	Mental Health and Addiction Services may remain in the custody of the
571		-	Department of Correction pursuant to subsection (p) of this section; or,
572		-	[(B)] (ii) if the defendant or the appropriate commissioner agrees to
573		-	provide payment, in the custody of any appropriate mental health
574		-	facility or treatment program which agrees to provide treatment to the
575		-	defendant and to adhere to the requirements of this section; and [(3)] (C)
576		-	the court shall order the placement, on either an inpatient or an
577		-	outpatient basis, which the court finds is the least restrictive placement
578		-	appropriate and available to restore competency.
579		-	(2) In determining the least restrictive placement appropriate and Substitute House Bill No. 5500
	411	+	LCO 12 of 25
580	412
581		-	Public Act No. 24-137 18 of 20
	413	+	revoke and take possession of the motor vehicle operator's license or, if 351
	414	+	such person is not licensed or is a nonresident, suspend the operating 352
	415	+	privilege of such person for a twenty-four-hour period. 353
	416	+	(e) (1) Except as provided in subdivision (2) of this subsection, upon 354
	417	+	receipt of a report submitted under subsection (c) or (d) of this section, 355
	418	+	the commissioner may suspend any operator's license or operating 356
	419	+	privilege of such person effective as of a date certain, which date certain 357
	420	+	shall be not later than thirty days from the later of the date such person 358
	421	+	received (A) notice of such person's arrest by the police officer, or (B) the 359
	422	+	results of a blood or urine test or a drug influence evaluation. Any 360
	423	+	person whose operator's license or operating privilege has been 361
	424	+	suspended in accordance with this subdivision shall automatically be 362
	425	+	entitled to a hearing before the commissioner to be held in accordance 363
	426	+	with the provisions of chapter 54 and prior to the effective date of the 364
	427	+	suspension. The commissioner shall send a suspension notice to such 365
	428	+	person informing such person that such person's operator's license or 366
	429	+	operating privilege is suspended as of a date certain and that such 367
	430	+	person is entitled to a hearing prior to the effective date of the 368
	431	+	suspension and may schedule such hearing by contacting the 369
	432	+	Department of Motor Vehicles not later than seven days after the date 370
	433	+	of mailing of such suspension notice. 371
	434	+	(2) Upon receipt of a report that (A) the person's arrest involved an 372
	435	+	accident resulting in a fatality, or (B) the person has previously had such 373
	436	+	person's operator's license or operating privilege suspended under the 374
	437	+	provisions of section 14-227a, 14-227m or 14-227n during the ten-year 375
	438	+	period preceding the present arrest, the commissioner may suspend any 376
	439	+	operator's license or operating privilege of such person effective as of 377
	440	+	the date specified in a notice of such suspension to such person. A 378
	441	+	person whose operator's license or operating privilege has been 379
	442	+	suspended in accordance with this subdivision shall automatically be 380
	443	+	entitled to a hearing before the commissioner, to be held in accordance 381
	444	+	with the provisions of chapter 54. The commissioner shall send a 382
	445	+	suspension notice to such person informing such person that such 383
	446	+	person's operator's license or operating privilege is suspended as of the 384 Substitute Bill No. 5500
582	447
583		-	available to restore competency, the court shall consider the following
584		-	factors: (A) The nature and circumstances of the alleged crime; (B) such
585		-	defendant's record of criminal convictions; (C) such defendant's record
586		-	of appearance in court; (D) such defendant's family and community ties;
587		-	(E) such defendant's willingness and ability to engage with treatment
588		-	ordered under this section; (F) whether such defendant's use of
589		-	substances would interfere with such defendant's ability to be successful
590		-	in such placement; (G) any psychiatric symptoms experienced by such
591		-	defendant and the nature and severity of the symptoms; and (H) any
592		-	other relevant factors specific to the defendant and such defendant's
593		-	circumstances.
594		-	(3) If the defendant is not charged with a felony, the court shall
595		-	presume that outpatient treatment is the least restrictive placement
596		-	appropriate and available to restore competency, unless the court has
597		-	good cause to find otherwise based on review of the factors in
598		-	subdivision (2) of this subsection. If outpatient treatment is the least
599		-	restrictive placement for a defendant who has not yet been released
600		-	from a correctional facility, the court shall consider whether the
601		-	availability of such treatment is a sufficient basis on which to release the
602		-	defendant on a promise to appear, conditions of release, cash bail or
603		-	bond. If the court determines that the defendant may not be so released,
604		-	the court shall order treatment of the defendant on an inpatient basis at
605		-	a mental health facility or facility for persons with intellectual disability.
606		-	Not later than twenty-four hours after the court orders placement of the
607		-	defendant for treatment for the purpose of rendering the defendant
608		-	competent, the examiners shall transmit information obtained about the
609		-	defendant during the course of an examination pursuant to subsection
610		-	(d) of this section to the health care provider named in the court's order.
611		-	Sec. 7. Subsection (c) of section 51-49i of the general statutes is
612		-	repealed and the following is substituted in lieu thereof (Effective July 1,
613		-	2024): Substitute House Bill No. 5500
614	448
615		-	~~Public Act No. 24-137~~ 19 of 20
	449	+	LCO 13 of 25
616	450
617		-	(c) Each judge shall receive annually, as retirement salary, two-thirds
618		-	of such judge's salary as defined in section 51-49f, each family support
619		-	magistrate shall receive annually, as retirement salary, two-thirds of
620		-	such family support magistrate's salary as defined in section 46b-233a,
621		-	and each administrative law judge shall receive annually, as retirement
622		-	salary, two-thirds of such administrative law judge's salary as defined
623		-	in section 51-49g. [; except that, if] If a judge, a family support magistrate
624		-	or an administrative law judge has served fewer than ten years at the
625		-	time of [his or her] such judge's, family support magistrate's or
626		-	administrative law judge's retirement [under this section, his or her] and
627		-	has attained the age of seventy while serving in such judge's, family
628		-	support magistrate's or administrative law judge's respective office,
629		-	such judge's, family support magistrate's or administrative law judge's
630		-	retirement salary shall be reduced [in the ratio that the number of years
631		-	of his or her completed service bears to the number of years of service
632		-	that would have been completed at seventy years of age or ten years,
633		-	whichever is less] in the same manner as provided in subdivision (2) of
634		-	subsection (b) of section 51-50.
635		-	Sec. 8. Subsection (a) of section 53a-40e of the general statutes is
636		-	repealed and the following is substituted in lieu thereof (Effective October
637		-	1, 2024):
638		-	(a) If any person is convicted of, or found not guilty by reason of
639		-	mental disease or defect of, (1) a violation of section 53a-70b of the
640		-	general statutes, revision of 1958, revised to January 1, 2019, or
641		-	subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59,
642		-	53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70c, 53a-
643		-	71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or
644		-	53a-183, subdivision (2) of subsection (a) of section 53a-192a, section 53a-
645		-	223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said
646		-	sections or section 53a-54a, or (2) any crime that the court determines
647		-	constitutes a family violence crime, as defined in section 46b-38a, or Substitute House Bill No. 5500
	451	+	date specified in such suspension notice, and that such person is entitled 385
	452	+	to a hearing and may schedule such hearing by contacting the 386
	453	+	Department of Motor Vehicles not later than seven days after the date 387
	454	+	of mailing of such suspension notice. Any suspension issued under this 388
	455	+	subdivision shall remain in effect until such suspension is affirmed 389
	456	+	under subsection (f) of this section or such operator's license or 390
	457	+	operating privilege is reinstated in accordance with subsection (h) of this 391
	458	+	section. 392
	459	+	(f) If such person does not contact the department to schedule a 393
	460	+	hearing, the commissioner shall affirm the suspension contained in the 394
	461	+	suspension notice for the appropriate period specified in subsection (i) 395
	462	+	of this section. 396
	463	+	(g) (1) If such person contacts the department to schedule a hearing, 397
	464	+	the department shall assign a date, time and place for the hearing, which 398
	465	+	date shall be prior to the effective date of the suspension, except that, 399
	466	+	with respect to a person whose operator's license or operating privilege 400
	467	+	is suspended in accordance with subdivision (2) of subsection (e) of this 401
	468	+	section, such hearing shall be scheduled not later than thirty days after 402
	469	+	such person contacts the department. At the request of such person, the 403
	470	+	hearing officer or the department and upon a showing of good cause, 404
	471	+	the commissioner may grant one or more continuances. 405
	472	+	(2) A hearing based on a report submitted under subsection (c) of this 406
	473	+	section shall be limited to a determination of the following issues: (A) 407
	474	+	Did the police officer have probable cause to arrest the person for 408
	475	+	operating a motor vehicle while under the influence of intoxicating 409
	476	+	liquor or any drug, or both; (B) was such person placed under arrest; (C) 410
	477	+	did such person (i) refuse to submit to such test or nontestimonial 411
	478	+	portion of a drug influence evaluation, or (ii) submit to such test, 412
	479	+	commenced within two hours of the time of operation, and the results 413
	480	+	of such test indicated that such person had an elevated blood alcohol 414
	481	+	content; and (D) was such person operating the motor vehicle. 415
	482	+	(3) A hearing based on a report submitted under subsection (d) of this 416 Substitute Bill No. 5500
648	483
649		-	Public Act No. 24-137 20 of 20
650	484
651		-	attempt or conspiracy to commit any such crime, the court may, in
652		-	addition to imposing the sentence authorized for the crime under
653		-	section 53a-35a or 53a-36, if the court is of the opinion that the history
654		-	and character and the nature and circumstances of the criminal conduct
655		-	of such offender indicate that a standing criminal protective order will
656		-	best serve the interest of the victim and the public, issue a standing
657		-	criminal protective order which shall remain in effect for a duration
658		-	specified by the court until modified or revoked by the court for good
659		-	cause shown. If any person is convicted of, or found not guilty by reason
660		-	of mental disease or defect of, any crime not specified in subdivision (1)
661		-	or (2) of this subsection, the court may, for good cause shown, issue a
662		-	standing criminal protective order pursuant to this subsection.
	485	+	LCO 14 of 25
	486	+
	487	+	section shall be limited to a determination of the following issues: (A) 417
	488	+	Did the police officer have probable cause to arrest the person for 418
	489	+	operating a motor vehicle while under the influence of intoxicating 419
	490	+	liquor or any drug, or both; (B) was such person placed under arrest; (C) 420
	491	+	was such person operating a motor vehicle under the influence of 421
	492	+	intoxicating liquor or any drug, or both; and (D) was such person 422
	493	+	operating the motor vehicle. 423
	494	+	(4) In a hearing under this subsection, the results of the test, if 424
	495	+	administered, shall be sufficient to indicate the ratio of alcohol in the 425
	496	+	blood of such person at the time of operation, provided such test was 426
	497	+	commenced within two hours of the time of operation. The fees of any 427
	498	+	witness summoned to appear at a hearing under this subsection shall be 428
	499	+	the same as provided by the general statutes for witnesses in criminal 429
	500	+	cases. Notwithstanding the provisions of subsection (a) of section 52-430
	501	+	143, any subpoena summoning a police officer as a witness shall be 431
	502	+	served not less than seventy-two hours prior to the designated time of 432
	503	+	the hearing. 433
	504	+	(5) In a hearing based on a report submitted under subsection (d) of 434
	505	+	this section, evidence of operation under the influence of intoxicating 435
	506	+	liquor or any drug, or both shall be admissible. Such evidence may 436
	507	+	include, but need not be limited to, (A) the police officer's observations 437
	508	+	of intoxication, as documented in a report submitted to the 438
	509	+	commissioner under subsection (d) of this section; (B) the results of any 439
	510	+	chemical test administered under this section or a toxicology report 440
	511	+	certified by the Division of Scientific Services within the Department of 441
	512	+	Emergency Services and Public Protection; (C) hospital or medical 442
	513	+	records obtained in accordance with subsection (j) of this section or by 443
	514	+	the consent of the operator; (D) the results of any tests conducted by, or 444
	515	+	the report of, an officer trained in advanced roadside impaired driving 445
	516	+	enforcement; or (E) reports of drug recognition experts. 446
	517	+	(h) If, after a hearing under subdivision (2) of subsection (g) of this 447
	518	+	section, the commissioner finds in the negative on any one of the issues 448
	519	+	specified in subparagraph (A), (B), (C) or (D) of said subdivision, the 449 Substitute Bill No. 5500
	520	+
	521	+
	522	+	LCO 15 of 25
	523	+
	524	+	commissioner shall reinstate such license or operating privilege. If, after 450
	525	+	a hearing under subdivision (3) of subsection (g) of this section, the 451
	526	+	commissioner finds in the negative on any one of the issues specified in 452
	527	+	subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner 453
	528	+	shall reinstate such license or operating privilege. If, after such hearing 454
	529	+	under subdivision (2) or (3) of subsection (g) of this section, the 455
	530	+	commissioner does not find on any one of said issues in the negative or 456
	531	+	if such person fails to appear at such hearing, the commissioner shall 457
	532	+	affirm the suspension contained in the suspension notice for the 458
	533	+	appropriate period specified in subsection (i) of this section. The 459
	534	+	commissioner shall render a decision at the conclusion of such hearing 460
	535	+	and send a notice of the decision by bulk certified mail or by personal 461
	536	+	delivery, as defined in section 4-166, to such person. The notice of such 462
	537	+	decision sent by bulk certified mail or by personal delivery to the 463
	538	+	address of such person as shown by the records of the commissioner 464
	539	+	shall be sufficient notice to such person that such person's operator's 465
	540	+	license or operating privilege is reinstated or suspended, as the case may 466
	541	+	be. A notice of the decision shall only be transmitted by personal 467
	542	+	delivery if the operator has consented, in writing, to such personal 468
	543	+	delivery. 469
	544	+	(i) (1) The commissioner shall suspend the operator's license or 470
	545	+	operating privilege of a person who did not contact the department to 471
	546	+	schedule a hearing, who failed to appear at a hearing, or against whom 472
	547	+	a decision was issued, after a hearing, pursuant to subsection (h) of this 473
	548	+	section, as of the effective date contained in the suspension notice, for a 474
	549	+	period of forty-five days. As a condition for the restoration of such 475
	550	+	operator's license or operating privilege, such person shall be required 476
	551	+	to install an ignition interlock device on each motor vehicle owned or 477
	552	+	operated by such person and, upon such restoration, be prohibited from 478
	553	+	operating a motor vehicle unless such motor vehicle is equipped with a 479
	554	+	functioning, approved ignition interlock device, as defined in section 14-480
	555	+	227j, for the longer of either (A) the period prescribed in subdivision (2) 481
	556	+	of this subsection for the present arrest and suspension, or (B) the period 482
	557	+	prescribed in subdivision (1), (2) or (3) of subsection (g) of section 14-483 Substitute Bill No. 5500
	558	+
	559	+
	560	+	LCO 16 of 25
	561	+
	562	+	227a or subdivision (1), (2) or (3) of subsection (c) of section 14-227m or 484
	563	+	subdivision (1) or (2) of subsection (c) of section 14-227n for the present 485
	564	+	arrest and conviction, if any. 486
	565	+	(2) (A) A person twenty-one years of age or older at the time of the 487
	566	+	arrest who submitted to a test and the results of such test indicated that 488
	567	+	such person had an elevated blood alcohol content, or was found to have 489
	568	+	been operating a motor vehicle under the influence of intoxicating 490
	569	+	liquor or any drug, or both based on a report filed pursuant to 491
	570	+	subsection (d) of this section, shall install and maintain an ignition 492
	571	+	interlock device for the following periods: (i) For a first suspension 493
	572	+	under this section, six months; (ii) for a second suspension under this 494
	573	+	section, one year; and (iii) for a third or subsequent suspension under 495
	574	+	this section, two years; (B) a person under twenty-one years of age at the 496
	575	+	time of the arrest who submitted to a test and the results of such test 497
	576	+	indicated that such person had an elevated blood alcohol content, or was 498
	577	+	found to have been operating a motor vehicle under the influence of 499
	578	+	intoxicating liquor or any drug, or both based on a report filed pursuant 500
	579	+	to subsection (d) of this section, shall install and maintain an ignition 501
	580	+	interlock device for the following periods: (i) For a first suspension 502
	581	+	under this section, one year; (ii) for a second suspension under this 503
	582	+	section, two years; and (iii) for a third or subsequent suspension under 504
	583	+	this section, three years; and (C) a person, regardless of age, who refused 505
	584	+	to submit to a test or nontestimonial portion of a drug influence 506
	585	+	evaluation shall install and maintain an ignition interlock device for the 507
	586	+	following periods: (i) For a first suspension under this section, one year; 508
	587	+	(ii) for a second suspension under this section, two years; and (iii) for a 509
	588	+	third or subsequent suspension, under this section, three years. 510
	589	+	(3) Notwithstanding the provisions of subdivisions (1) and (2) of this 511
	590	+	subsection, a person whose motor vehicle operator's license or operating 512
	591	+	privilege has been permanently revoked upon a third offense pursuant 513
	592	+	to subsection (g) of section 14-227a or subsection (c) of section 14-227m 514
	593	+	shall be subject to the penalties prescribed in subdivision (2) of 515
	594	+	subsection (i) of section 14-111. 516 Substitute Bill No. 5500
	595	+
	596	+
	597	+	LCO 17 of 25
	598	+
	599	+	(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 517
	600	+	of this section, any police officer who obtains the results of a test of a 518
	601	+	blood sample taken from or a urine sample provided by an operator of 519
	602	+	a motor vehicle who was involved in an accident and suffered or 520
	603	+	allegedly suffered physical injury in such accident, or who was 521
	604	+	otherwise deemed by a police officer to require treatment or observation 522
	605	+	at a hospital, shall notify the commissioner and submit to the 523
	606	+	commissioner a written report if such results indicate that such person 524
	607	+	had an elevated blood alcohol content, or any quantity of an intoxicating 525
	608	+	liquor or any drug, or both, in such person's blood, and if such person 526
	609	+	was arrested for violation of section 14-227a or 14-227m or subdivision 527
	610	+	(1) or (2) of subsection (a) of section 14-227n. The report shall be made 528
	611	+	on a form approved by the commissioner containing such information 529
	612	+	as the commissioner prescribes, and shall be subscribed and sworn to 530
	613	+	under penalty of false statement, as provided in section 53a-157b, by the 531
	614	+	police officer. The commissioner may, after notice and an opportunity 532
	615	+	for hearing, which shall be conducted by a hearing officer on behalf of 533
	616	+	the commissioner in accordance with chapter 54, suspend the motor 534
	617	+	vehicle operator's license or operating privilege of such person for the 535
	618	+	appropriate period of time specified in subsection (i) of this section and 536
	619	+	require such person to install and maintain an ignition interlock device 537
	620	+	for the appropriate period of time prescribed in subsection (i) of this 538
	621	+	section. Each hearing conducted under this subsection shall be limited 539
	622	+	to a determination of the following issues: (1) Whether the police officer 540
	623	+	had probable cause to arrest the person for operating a motor vehicle 541
	624	+	while under the influence of intoxicating liquor or drug, or both; (2) 542
	625	+	whether such person was placed under arrest; (3) whether such person 543
	626	+	was operating the motor vehicle; (4) whether (A) the results of the 544
	627	+	analysis of the blood or urine of such person indicate that such person 545
	628	+	had an elevated blood alcohol content, or (B) the person was operating 546
	629	+	a motor vehicle under the influence of intoxicating liquor or any drug, 547
	630	+	or both; and (5) in the event that a blood sample was taken, whether the 548
	631	+	blood sample was obtained in accordance with conditions for 549
	632	+	admissibility and competence as evidence as set forth in subsection (k) 550
	633	+	of section 14-227a. If, after such hearing, the commissioner finds on any 551 Substitute Bill No. 5500
	634	+
	635	+
	636	+	LCO 18 of 25
	637	+
	638	+	one of the said issues in the negative, the commissioner shall not impose 552
	639	+	a suspension. The fees of any witness summoned to appear at the 553
	640	+	hearing shall be the same as provided by the general statutes for 554
	641	+	witnesses in criminal cases, as provided in section 52-260. 555
	642	+	(k) The provisions of this section shall apply with the same effect to 556
	643	+	the refusal by any person to submit to an additional chemical test as 557
	644	+	provided in subparagraph (E) of subdivision (1) of subsection (b) of 558
	645	+	section 14-227a. 559
	646	+	(l) The provisions of this section shall not apply to any person whose 560
	647	+	physical condition is such that, according to competent medical advice, 561
	648	+	such test would be inadvisable. 562
	649	+	(m) Notwithstanding the provisions of this section, when a person is 563
	650	+	required, pursuant to this section, to install and maintain an ignition 564
	651	+	interlock device or is prohibited, pursuant to this section, from 565
	652	+	operating a motor vehicle except under the condition that such device 566
	653	+	is installed and maintained on such vehicle, such requirement and 567
	654	+	condition shall cease to apply to such person upon any of the following 568
	655	+	conditions being met in the case of an arrest for a violation of section 14-569
	656	+	227a, 14-227m or subdivision (1) or (2) of subsection (a) of section 14-570
	657	+	227n (1) for which the only intoxicating substance detected is cannabis: 571
	658	+	(A) All charges resulting from such alleged violation are withdrawn, 572
	659	+	nolled or dismissed; (B) the person has been acquitted of any charges 573
	660	+	resulting from such alleged violation; or (C) any conviction of such 574
	661	+	person based upon any charges resulting from such alleged violation is 575
	662	+	vacated, overturned or erased, or (2) for which the person was convicted 576
	663	+	for such violation, alcohol was detected as an intoxicating substance for 577
	664	+	such violation and such person has received an absolute pardon for each 578
	665	+	such conviction. Upon the ceasing of the application of such 579
	666	+	requirement and condition upon such person, the commissioner shall 580
	667	+	provide written notification to the person indicating that such 581
	668	+	requirement and condition has ceased to apply to such person. The 582
	669	+	provisions of this subsection shall not affect any other requirement or 583
	670	+	condition applied to such person. 584 Substitute Bill No. 5500
	671	+
	672	+
	673	+	LCO 19 of 25
	674	+
	675	+	[(m)] (n) The state shall pay the reasonable charges of any physician 585
	676	+	who, at the request of a law enforcement unit, as defined in section 7-586
	677	+	294a, takes a blood sample for purposes of a test under the provisions of 587
	678	+	this section. 588
	679	+	[(n)] (o) For the purposes of this section, "elevated blood alcohol 589
	680	+	content" means (1) a ratio of alcohol in the blood of such person that is 590
	681	+	eight-hundredths of one per cent or more of alcohol, by weight, (2) if 591
	682	+	such person is operating a commercial motor vehicle, a ratio of alcohol 592
	683	+	in the blood of such person that is four-hundredths of one per cent or 593
	684	+	more of alcohol, by weight, or (3) if such person is less than twenty-one 594
	685	+	years of age, a ratio of alcohol in the blood of such person that is two-595
	686	+	hundredths of one per cent or more of alcohol, by weight. 596
	687	+	[(o)] (p) The Commissioner of Motor Vehicles shall adopt regulations, 597
	688	+	in accordance with chapter 54, to implement the provisions of this 598
	689	+	section. 599
	690	+	Sec. 5. (NEW) (Effective from passage and applicable to any offense 600
	691	+	committed prior to, on or after said date) Any offense committed by means 601
	692	+	of communication transmitted by use of an interactive computer service, 602
	693	+	as defined in section 53a-90a of the general statutes, computer network, 603
	694	+	as defined in section 53a-250 of the general statutes, telecommunications 604
	695	+	service, as defined in section 16-247a of the general statutes, cellular 605
	696	+	system, as used in section 16-50i of the general statutes, electronic 606
	697	+	communication service, as defined in section 54-260b of the general 607
	698	+	statutes or electronic communication system, as defined in 18 USC 2510, 608
	699	+	as amended from time to time, including electronic mail or text message 609
	700	+	or any other electronically sent message, whether by digital media 610
	701	+	account, messaging program or application, may be deemed to have 611
	702	+	been committed either at the place where the communication originated 612
	703	+	or at the place where it was received. 613
	704	+	Sec. 6. Section 18-85 of the 2024 supplement to the general statutes is 614
	705	+	repealed and the following is substituted in lieu thereof (Effective October 615
	706	+	1, 2024): 616 Substitute Bill No. 5500
	707	+
	708	+
	709	+	LCO 20 of 25
	710	+
	711	+	(a) The Commissioner of Correction, after consultation with the 617
	712	+	Commissioner of Administrative Services and the Secretary of the Office 618
	713	+	of Policy and Management, shall establish a schedule of compensation 619
	714	+	for services performed on behalf of the state by [inmates of] persons who 620
	715	+	are incarcerated in any institution or facility of the department. Such 621
	716	+	schedule shall (1) recognize degrees of merit, diligence and skill in order 622
	717	+	to encourage inmate incentive and industry, and (2) establish a pay 623
	718	+	[range] rate of not less than [five dollars per week, but not greater than 624
	719	+	ten dollars per week] one dollar per day with higher rates of pay based 625
	720	+	upon skill level or other factors, as determined by the Commissioner of 626
	721	+	Correction, or the commissioner's designee. 627
	722	+	(b) Compensation so earned shall be deposited, under the direction 628
	723	+	of the Commissioner of Correction, in an account in a savings bank or 629
	724	+	state bank and trust company in this state or an account administered 630
	725	+	by the State Treasurer. Any compensation so earned shall be paid to the 631
	726	+	[inmate on the inmate's] incarcerated person upon such person's release 632
	727	+	from incarceration in the form of a debit card, except that the 633
	728	+	commissioner may, while [the inmate] such person is in custody, 634
	729	+	disburse any compensation earned by such [inmate] person in 635
	730	+	accordance with the following priorities: (1) Federal taxes due; (2) 636
	731	+	restitution or payment of compensation to a crime victim ordered by 637
	732	+	any court of competent jurisdiction; (3) payment of a civil judgment 638
	733	+	rendered in favor of a crime victim by any court of competent 639
	734	+	jurisdiction; (4) victims compensation through the criminal injuries 640
	735	+	account administered by the Office of Victim Services; (5) state taxes 641
	736	+	due; (6) support of the [inmate's] incarcerated person's dependents, if 642
	737	+	any; (7) the [inmate's] incarcerated person's necessary travel expense to 643
	738	+	and from work and other incidental expenses; (8) costs of such 644
	739	+	[inmate's] person's incarceration under section 18-85a and regulations 645
	740	+	adopted in accordance with said section; and (9) payment to the clerk of 646
	741	+	the court in which an [inmate] incarcerated person, confined in a 647
	742	+	correctional facility only for payment of a fine, was convicted, such 648
	743	+	portion of such compensation as is necessary to pay such fine. Any 649
	744	+	interest that accrues shall be credited to any institutional fund 650 Substitute Bill No. 5500
	745	+
	746	+
	747	+	LCO 21 of 25
	748	+
	749	+	established for the welfare of [inmates] incarcerated persons. 651
	750	+	Compensation under this section shall be in addition to any 652
	751	+	compensation received or credited under section 18-50. 653
	752	+	Sec. 7. Section 54-53 of the general statutes is repealed and the 654
	753	+	following is substituted in lieu thereof (Effective October 1, 2024): 655
	754	+	Each person detained in a community correctional center pursuant to 656
	755	+	the issuance of a bench warrant of arrest or for arraignment, sentencing 657
	756	+	or trial for an offense not punishable by death shall be entitled to bail 658
	757	+	and shall be released from such institution upon entering into a 659
	758	+	recognizance, with sufficient surety, or upon posting cash bail, in an 660
	759	+	amount rounded down to the nearest dollar, as provided in section 54-661
	760	+	66, for the detained person's appearance before the court having 662
	761	+	cognizance of the offense, to be taken by any person designated by the 663
	762	+	Commissioner of Correction at the institution where the person is 664
	763	+	detained. The person so designated shall deliver the recognizance or 665
	764	+	cash bail to the clerk of the appropriate court before the opening of the 666
	765	+	court on the first court day thereafter. When cash bail in excess of ten 667
	766	+	thousand dollars is received for a detained person accused of a felony, 668
	767	+	where the underlying facts and circumstances of the felony involve the 669
	768	+	use, attempted use or threatened use of physical force against another 670
	769	+	person, the person so designated shall prepare a report that contains (1) 671
	770	+	the name, address and taxpayer identification number of the detained 672
	771	+	person, (2) the name, address and taxpayer identification number of 673
	772	+	each person offering the cash bail, other than a person licensed as a 674
	773	+	professional bondsman under chapter 533 or a surety bail bond agent 675
	774	+	under chapter 700f, (3) the amount of cash received, and (4) the date the 676
	775	+	cash was received. Not later than fifteen days after receipt of such cash 677
	776	+	bail, the person so designated shall file the report with the Department 678
	777	+	of Revenue Services and mail a copy of the report to the state's attorney 679
	778	+	for the judicial district in which the alleged offense was committed and 680
	779	+	to each person offering the cash bail. 681
	780	+	Sec. 8. Subsection (i) of section 54-56d of the general statutes is 682
	781	+	repealed and the following is substituted in lieu thereof (Effective October 683 Substitute Bill No. 5500
	782	+
	783	+
	784	+	LCO 22 of 25
	785	+
	786	+	1, 2024): 684
	787	+	(i) (1) The placement of the defendant for treatment for the purpose 685
	788	+	of rendering the defendant competent shall comply with the following 686
	789	+	conditions: [(1)] (A) The period of placement under the order or 687
	790	+	combination of orders shall not exceed the period of the maximum 688
	791	+	sentence which the defendant could receive on conviction of the charges 689
	792	+	against the defendant or eighteen months, whichever is less; [(2)] (B) the 690
	793	+	placement shall be either [(A)] (i) in the custody of the Commissioner of 691
	794	+	Mental Health and Addiction Services, the Commissioner of Children 692
	795	+	and Families or the Commissioner of Developmental Services, except 693
	796	+	that any defendant placed for treatment with the Commissioner of 694
	797	+	Mental Health and Addiction Services may remain in the custody of the 695
	798	+	Department of Correction pursuant to subsection (p) of this section; or, 696
	799	+	[(B)] (ii) if the defendant or the appropriate commissioner agrees to 697
	800	+	provide payment, in the custody of any appropriate mental health 698
	801	+	facility or treatment program which agrees to provide treatment to the 699
	802	+	defendant and to adhere to the requirements of this section; and [(3)] (C) 700
	803	+	the court shall order the placement, on either an inpatient or an 701
	804	+	outpatient basis, which the court finds is the least restrictive placement 702
	805	+	appropriate and available to restore competency. 703
	806	+	(2) In determining the least restrictive placement appropriate and 704
	807	+	available to restore competency, the court shall consider the following 705
	808	+	factors: (A) The nature and circumstances of the alleged crime; (B) such 706
	809	+	defendant's record of criminal convictions; (C) such defendant's record 707
	810	+	of appearance in court; (D) such defendant's family and community ties; 708
	811	+	(E) such defendant's willingness and ability to engage with treatment 709
	812	+	ordered under this section; (F) whether such defendant's use of 710
	813	+	substances would interfere with such defendant's ability to be successful 711
	814	+	in such placement; (G) any psychiatric symptoms experienced by such 712
	815	+	defendant and the nature and severity of the symptoms; and (H) any 713
	816	+	other relevant factors specific to the defendant and such defendant's 714
	817	+	circumstances. 715
	818	+	(3) If the defendant is not charged with a felony, the court shall 716 Substitute Bill No. 5500
	819	+
	820	+
	821	+	LCO 23 of 25
	822	+
	823	+	presume that outpatient treatment is the least restrictive placement 717
	824	+	appropriate and available to restore competency, unless the court has 718
	825	+	good cause to find otherwise based on review of the factors in 719
	826	+	subdivision (2) of this subsection. If outpatient treatment is the least 720
	827	+	restrictive placement for a defendant who has not yet been released 721
	828	+	from a correctional facility, the court shall consider whether the 722
	829	+	availability of such treatment is a sufficient basis on which to release the 723
	830	+	defendant on a promise to appear, conditions of release, cash bail or 724
	831	+	bond. If the court determines that the defendant may not be so released, 725
	832	+	the court shall order treatment of the defendant on an inpatient basis at 726
	833	+	a mental health facility or facility for persons with intellectual disability. 727
	834	+	Not later than twenty-four hours after the court orders placement of the 728
	835	+	defendant for treatment for the purpose of rendering the defendant 729
	836	+	competent, the examiners shall transmit information obtained about the 730
	837	+	defendant during the course of an examination pursuant to subsection 731
	838	+	(d) of this section to the health care provider named in the court's order. 732
	839	+	Sec. 9. Subsection (c) of section 51-49i of the general statutes is 733
	840	+	repealed and the following is substituted in lieu thereof (Effective July 1, 734
	841	+	2024): 735
	842	+	(c) Each judge shall receive annually, as retirement salary, two-thirds 736
	843	+	of such judge's salary as defined in section 51-49f, each family support 737
	844	+	magistrate shall receive annually, as retirement salary, two-thirds of 738
	845	+	such family support magistrate's salary as defined in section 46b-233a, 739
	846	+	and each administrative law judge shall receive annually, as retirement 740
	847	+	salary, two-thirds of such administrative law judge's salary as defined 741
	848	+	in section 51-49g. [; except that, if] If a judge, a family support magistrate 742
	849	+	or an administrative law judge has served fewer than ten years at the 743
	850	+	time of [his or her] such judge's, family support magistrate's or 744
	851	+	administrative law judge's retirement [under this section, his or her] and 745
	852	+	has attained the age of seventy while serving in such judge's, family 746
	853	+	support magistrate's or administrative law judge's respective office, 747
	854	+	such judge's, family support magistrate's or administrative law judge's 748
	855	+	retirement salary shall be reduced [in the ratio that the number of years 749
	856	+	of his or her completed service bears to the number of years of service 750 Substitute Bill No. 5500
	857	+
	858	+
	859	+	LCO 24 of 25
	860	+
	861	+	that would have been completed at seventy years of age or ten years, 751
	862	+	whichever is less] in the same manner as provided in subdivision (2) of 752
	863	+	subsection (b) of section 51-50. 753
	864	+	Sec. 10. Subsection (a) of section 53a-40e of the general statutes is 754
	865	+	repealed and the following is substituted in lieu thereof (Effective October 755
	866	+	1, 2024): 756
	867	+	(a) If any person is convicted of, or found not guilty by reason of 757
	868	+	mental disease or defect of, (1) a violation of section 53a-70b of the 758
	869	+	general statutes, revision of 1958, revised to January 1, 2019, or 759
	870	+	subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59, 760
	871	+	53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70c, 53a-761
	872	+	71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 762
	873	+	53a-183, subdivision (2) of subsection (a) of section 53a-192a, section 53a-763
	874	+	223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said 764
	875	+	sections or section 53a-54a, or (2) any crime that the court determines 765
	876	+	constitutes a family violence crime, as defined in section 46b-38a, or 766
	877	+	attempt or conspiracy to commit any such crime, the court may, in 767
	878	+	addition to imposing the sentence authorized for the crime under 768
	879	+	section 53a-35a or 53a-36, if the court is of the opinion that the history 769
	880	+	and character and the nature and circumstances of the criminal conduct 770
	881	+	of such offender indicate that a standing criminal protective order will 771
	882	+	best serve the interest of the victim and the public, issue a standing 772
	883	+	criminal protective order which shall remain in effect for a duration 773
	884	+	specified by the court until modified or revoked by the court for good 774
	885	+	cause shown. If any person is convicted of, or found not guilty by reason 775
	886	+	of mental disease or defect of, any crime not specified in subdivision (1) 776
	887	+	or (2) of this subsection, the court may, for good cause shown, issue a 777
	888	+	standing criminal protective order pursuant to this subsection. 778
	889	+	This act shall take effect as follows and shall amend the following
	890	+	sections:
	891	+
	892	+	Section 1 October 1, 2024 51-247
	893	+	Sec. 2 October 1, 2024 29-38c(c)
	894	+	Sec. 3 October 1, 2024 54-56l Substitute Bill No. 5500
	895	+
	896	+
	897	+	LCO 25 of 25
	898	+
	899	+	Sec. 4 October 1, 2024 14-227b
	900	+	Sec. 5 from passage and
	901	+	applicable to any offense
	902	+	committed prior to, on or
	903	+	after said date
	904	+	New section
	905	+	Sec. 6 October 1, 2024 18-85
	906	+	Sec. 7 October 1, 2024 54-53
	907	+	Sec. 8 October 1, 2024 54-56d(i)
	908	+	Sec. 9 July 1, 2024 51-49i(c)
	909	+	Sec. 10 October 1, 2024 53a-40e(a)
	910	+
	911	+	JUD Joint Favorable Subst.
663	912