Connecticut 2024 Regular Session

Connecticut Senate Bill SB00423 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO No. 2491 1 of 5
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7		-	General Assembly ~~Substitute~~ Bill No. 423
	5	+	General Assembly Raised Bill No. 423
8	6		February Session, 2024
	7	+	LCO No. 2491
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	9	+
	10	+	Referred to Committee on TRANSPORTATION
	11	+
	12	+
	13	+	Introduced by:
	14	+	(TRA)
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14	19		AN ACT IMPROVING HIGHWAY SAFETY BY PROHIBITING DRIVING
15		-	WHILE ABILITY IMPAIRED AND STUDYING METHODS TO DETECT
16		-	CANNABIS-IMPAIRED DRIVING.
	20	+	WHILE ABILITY IMPAIRED.
17	21		Be it enacted by the Senate and House of Representatives in General
18	22		Assembly convened:
19	23
20	24		Section 1. (NEW) (Effective October 1, 2024) (a) No person shall operate 1
21	25		a motor vehicle while ability impaired. A person commits the offense of 2
22	26		operating a motor vehicle while ability impaired if such person operates 3
23	27		a motor vehicle while having a ratio of alcohol in the blood of such 4
24	28		person that is five-hundredths of one per cent or more of alcohol, by 5
25	29		weight, but less than eight-hundredths of one per cent of alcohol, by 6
26	30		weight. 7
27	31		(b) If a police officer issues a citation to any person for a violation of 8
28	32		the provisions of subsection (a) of this section, the police officer, acting 9
29	33		on behalf of the Commissioner of Motor Vehicles, shall immediately 10
30	34		revoke and take possession of the motor vehicle operator's license or, if 11
31	35		such person is not licensed or is a nonresident, suspend the operating 12
32	36		privilege of such person, for a twenty-four-hour period. The police 13
33	37		officer may cause the motor vehicle such person was operating at the 14
34		-	time of the violation to be removed. In order to regain possession of such 15
35		-	person's operator's license, after such twenty-four-hour period, such 16
36		-	person shall appear in person at the police department, state police 17 Substitute Bill No. 423
	38	+	time of the violation to be removed. In order to regain possession of such 15 Raised Bill No. 423
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	44	+	person's operator's license, after such twenty-four-hour period, such 16
	45	+	person shall appear in person at the police department, state police 17
43	46		barracks or other location designated by the police officer, and sign a 18
44	47		written acknowledgment of the return of such license. Notwithstanding 19
45	48		the provisions of section 14-50b of the general statutes, no restoration 20
46	49		fee shall be required to be paid to the commissioner, but the police 21
47	50		officer shall make a written report of the violation and the suspension 22
48	51		action, in such form and containing such information as the 23
49	52		commissioner may prescribe, and shall file or transmit such report to 24
50	53		the commissioner in such time and manner as the commissioner shall 25
51	54		prescribe. 26
52	55		(c) Any person who violates the provisions of subsection (a) of this 27
53	56		section shall be fined not less than one hundred dollars, but not more 28
54	57		than two hundred dollars, for a first violation and not less than three 29
55	58		hundred dollars, but not more than five hundred dollars, for a second 30
56	59		or subsequent violation. Upon receipt of a report submitted under 31
57	60		subsection (b) of this section, the Commissioner of Motor Vehicles shall 32
58	61		suspend, after notice and an opportunity for a hearing, the operator's 33
59	62		license or operating privilege of such person for a period of forty-five 34
60	63		days. 35
61	64		Sec. 2. (NEW) (Effective July 1, 2024) (a) The Commissioner of Motor 36
62	65		Vehicles shall require any motor vehicle operator who violates the 37
63	66		provisions of subsection (a) of section 1 of this act to attend an 38
64		-	intoxicated operator's retraining program. The commissioner shall send 39
65		-	a notice to such operator, in writing, informing the operator of such 40
66		-	requirement and requiring the operator to successfully complete such 41
67		-	retraining program not later than sixty days from the date of such notice. 42
68		-	A fee of not more than eighty-five dollars shall be charged for such 43
69		-	retraining program. The commissioner, after notice and an opportunity 44
70		-	for a hearing, may suspend the motor vehicle operator's license of any 45
71		-	such operator who fails to attend or successfully complete such 46
72		-	retraining program until the operator successfully completes such 47
73		-	retraining program. Any such hearing shall be limited to any claim of 48
74		-	impossibility of the operator to attend such retraining program or to a 49
75		-	determination of mistake or misidentification. 50 Substitute Bill No. 423
	67	+	intoxicated operator's retraining program. The commissioner shall 39
	68	+	notify such operator, in writing, of such requirement. A fee of not more 40
	69	+	than eighty-five dollars shall be charged for such retraining program. 41
	70	+	The commissioner, after notice and an opportunity for a hearing, may 42
	71	+	suspend the motor vehicle operator's license of any such operator who 43
	72	+	fails to attend or successfully complete such retraining program until 44
	73	+	the operator successfully completes such retraining program. Any such 45
	74	+	hearing shall be limited to any claim of impossibility of the operator to 46
	75	+	attend such retraining program or to a determination of mistake or 47
	76	+	misidentification. 48 Raised Bill No. 423
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82		-	(b) The intoxicated operator's retraining program shall be taught by 51
83		-	a designee of the Commissioner of Motor Vehicles or by an instructor 52
84		-	approved by the commissioner and shall (1) review principles of motor 53
85		-	vehicle operation relative to safe driving practices, including the nature 54
86		-	and the medical, biological and physiological effects of alcohol and 55
87		-	drugs and their impact on the operator of a motor vehicle, (2) emphasize 56
88		-	the dangers associated with the operation of a motor vehicle after the 57
89		-	consumption of alcohol or drugs by the operator, including the 58
90		-	problems of alcohol and drug abuse, (3) discuss the penalties for alcohol 59
91		-	and drug-related motor vehicle violations, and (4) emphasize the need 60
92		-	to practice safe driving behaviors. The intoxicated operator's retraining 61
93		-	program shall be offered by the Department of Motor Vehicles or by any 62
94		-	other organization certified by the commissioner to conduct such 63
95		-	program in person in a congregate setting, through distance learning or 64
96		-	through a combination of both in-person and distance learning, 65
97		-	provided such distance learning has interactive components such as 66
98		-	mandatory interactions, participation or testing. Any drivers' school, as 67
99		-	defined in section 14-68 of the general statutes, that meets the licensure 68
100		-	requirements of part IV of chapter 246 of the general statutes shall be 69
101		-	eligible to seek certification to offer the intoxicated operator's retraining 70
102		-	program. The commissioner shall determine the number of program 71
103		-	providers necessary to serve the needs of the public. 72
104		-	(c) Each organization or drivers' school seeking certification or 73
105		-	recertification to conduct the intoxicated operator's retraining program 74
106		-	shall submit an application to the Department of Motor Vehicles in such 75
107		-	form as the commissioner shall require and an application fee of three 76
108		-	hundred fifty dollars. Each such applicant shall: 77
109		-	(1) Be registered to do business in this state and continuously 78
110		-	maintain good standing with the office of the Secretary of the State; 79
111		-	(2) File and continuously maintain a surety bond in the amount of 80
112		-	fifty thousand dollars. Such bond shall be conditioned upon compliance 81
113		-	with the provisions of any state or federal law or regulation concerning 82
114		-	the conduct of an intoxicated operator's retraining program and 83 Substitute Bill No. 423
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	81	+
	82	+	(b) The intoxicated operator's retraining program shall be taught by 49
	83	+	a designee of the Commissioner of Motor Vehicles or by an instructor 50
	84	+	approved by the commissioner and shall (1) review principles of motor 51
	85	+	vehicle operation relative to safe driving practices, including the nature 52
	86	+	and the medical, biological and physiological effects of alcohol and 53
	87	+	drugs and their impact on the operator of a motor vehicle, (2) emphasize 54
	88	+	the dangers associated with the operation of a motor vehicle after the 55
	89	+	consumption of alcohol or drugs by the operator, including the 56
	90	+	problems of alcohol and drug abuse, (3) discuss the penalties for alcohol 57
	91	+	and drug-related motor vehicle violations, and (4) emphasize the need 58
	92	+	to practice safe driving behaviors. The intoxicated operator's retraining 59
	93	+	program shall be offered by the Department of Motor Vehicles or by any 60
	94	+	other organization certified by the commissioner to conduct such 61
	95	+	program in person in a congregate setting, through distance learning or 62
	96	+	through a combination of both in-person and distance learning, 63
	97	+	provided such distance learning has interactive components such as 64
	98	+	mandatory interactions, participation or testing. Any drivers' school, as 65
	99	+	defined in section 14-68 of the general statutes, that meets the licensure 66
	100	+	requirements of part IV of chapter 246 of the general statutes shall be 67
	101	+	eligible to seek certification to offer the intoxicated operator's retraining 68
	102	+	program. The commissioner shall determine the number of program 69
	103	+	providers necessary to serve the needs of the public. 70
	104	+	(c) Each organization or drivers' school seeking certification or 71
	105	+	recertification to conduct the intoxicated operator's retraining program 72
	106	+	shall submit an application to the Department of Motor Vehicles in such 73
	107	+	form as the commissioner shall require and an application fee of three 74
	108	+	hundred fifty dollars. Each such applicant shall: 75
	109	+	(1) Be registered to do business in this state and continuously 76
	110	+	maintain good standing with the office of the Secretary of the State; 77
	111	+	(2) File and continuously maintain a surety bond in the amount of 78
	112	+	fifty thousand dollars. Such bond shall be conditioned upon compliance 79
	113	+	with the provisions of any state or federal law or regulation concerning 80
	114	+	the conduct of an intoxicated operator's retraining program and 81 Raised Bill No. 423
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121		-	provided as indemnity for any loss or expense sustained by either the 84
122		-	state or any person by reason of any acts or omissions of the program 85
123		-	provider. Such bond shall be executed in the name of the state of 86
124		-	Connecticut for the benefit of any aggrieved party, but the penalty of 87
125		-	the bond shall not be invoked except upon order of the commissioner 88
126		-	after a hearing held before the commissioner in accordance with the 89
127		-	provisions of chapter 54 of the general statutes; 90
128		-	(3) Have a permanent place of business in this state where all 91
129		-	intoxicated operator's retraining program records shall be maintained 92
130		-	and accessible to the commissioner during normal business hours; 93
131		-	(4) Submit for approval by the commissioner a detailed curriculum 94
132		-	and lesson plan, including any changes to such curriculum and lesson 95
133		-	plan, which shall be used in each intoxicated operator's retraining class; 96
134		-	and 97
135		-	(5) Electronically transmit information concerning enrollment and 98
136		-	class completion to the commissioner at such times and in such form as 99
137		-	prescribed by the commissioner. 100
138		-	(d) Prior to the certification of an applicant, the commissioner shall 101
139		-	investigate the applicant's character, driving history and criminal 102
140		-	history. If the applicant is a business entity, such investigation shall 103
141		-	include the principals and officers of such entity. The applicant shall 104
142		-	submit to the commissioner any information pertaining to current or 105
143		-	past criminal or civil actions. The certification of a program provider by 106
144		-	the commissioner shall not be transferable and shall be valid for a two-107
145		-	year period. Recertification of a provider shall be at the discretion of the 108
146		-	commissioner and in such form and manner as determined by the 109
147		-	commissioner. 110
148		-	(e) The commissioner may adopt regulations, in accordance with the 111
149		-	provisions of chapter 54 of the general statutes, to implement the 112
150		-	provisions of this section. 113
151		-	Sec. 3. Subsection (f) of section 14-227a of the general statutes is 114 Substitute Bill No. 423
	118	+	LCO No. 2491 4 of 5
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	120	+	provided as indemnity for any loss or expense sustained by either the 82
	121	+	state or any person by reason of any acts or omissions of the program 83
	122	+	provider. Such bond shall be executed in the name of the state of 84
	123	+	Connecticut for the benefit of any aggrieved party, but the penalty of 85
	124	+	the bond shall not be invoked except upon order of the commissioner 86
	125	+	after a hearing held before the commissioner in accordance with the 87
	126	+	provisions of chapter 54 of the general statutes; 88
	127	+	(3) Have a permanent place of business in this state where all 89
	128	+	intoxicated operator's retraining program records shall be maintained 90
	129	+	and accessible to the commissioner during normal business hours; 91
	130	+	(4) Submit for approval by the commissioner a detailed curriculum 92
	131	+	and lesson plan, including any changes to such curriculum and lesson 93
	132	+	plan, which shall be used in each intoxicated operator's retraining class; 94
	133	+	and 95
	134	+	(5) Electronically transmit information concerning enrollment and 96
	135	+	class completion to the commissioner at such times and in such form as 97
	136	+	prescribed by the commissioner. 98
	137	+	(d) Prior to the certification of an applicant, the commissioner shall 99
	138	+	investigate the applicant's character, driving history and criminal 100
	139	+	history. If the applicant is a business entity, such investigation shall 101
	140	+	include the principals and officers of such entity. The applicant shall 102
	141	+	submit to the commissioner any information pertaining to current or 103
	142	+	past criminal or civil actions. The certification of a program provider by 104
	143	+	the commissioner shall not be transferable and shall be valid for a two-105
	144	+	year period. Recertification of a provider shall be at the discretion of the 106
	145	+	commissioner and in such form and manner as determined by the 107
	146	+	commissioner. 108
	147	+	(e) The commissioner may adopt regulations, in accordance with the 109
	148	+	provisions of chapter 54 of the general statutes, to implement the 110
	149	+	provisions of this section. 111
	150	+	Sec. 3. Subsection (f) of section 14-227a of the general statutes is 112 Raised Bill No. 423
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158		-	repealed and the following is substituted in lieu thereof (Effective October 115
159		-	1, 2024): 116
160		-	(f) [If] (1) Except as provided in subdivision (2) of this subsection, if a 117
161		-	person is charged with a violation of the provisions of subsection (a) of 118
162		-	this section, the charge may not be reduced, nolled or dismissed unless 119
163		-	the prosecuting authority states in open court such prosecutor's reasons 120
164		-	for the reduction, nolle or dismissal. 121
165		-	(2) If a person is charged with a violation of the provisions of 122
166		-	subsection (a) of this section, the charge may not be reduced to the lesser 123
167		-	offense of operating a motor vehicle while ability impaired in violation 124
168		-	of section 1 of this act. 125
169		-	Sec. 4. (NEW) (Effective from passage) (a) As used in this section, "drug 126
170		-	recognition expert" has the same meaning as provided in section 7-127
171		-	294kk of the general statutes and "cannabis" has the same meaning as 128
172		-	provided in section 21a-420 of the general statutes. 129
173		-	(b) Not later than January 1, 2025, and annually thereafter, the 130
174		-	Commissioners of Emergency Services and Public Protection and 131
175		-	Transportation shall jointly submit a report, in accordance with the 132
176		-	provisions of section 11-4a of the general statutes, to the joint standing 133
177		-	committee of the General Assembly having cognizance of matters 134
178		-	relating to public safety and security and transportation. Such report 135
179		-	shall, at a minimum: (1) note the current number of police officers 136
180		-	accredited as drug recognition experts in the state, (2) make 137
181		-	recommendations for increasing access to drug recognition expert 138
182		-	training for police officers, (3) identify any improvements or 139
183		-	technological advancements with regard to roadside screening tests 140
184		-	used to detect instances of impaired driving from the use of cannabis, 141
185		-	including the use of oral fluid drug testing, and (4) make 142
186		-	recommendations for implementing any such tests or other strategies 143
187		-	and procedures to reliably and validly detect instances of impaired 144
188		-	driving from the use of cannabis. 145 Substitute Bill No. 423
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	156	+	repealed and the following is substituted in lieu thereof (Effective October 113
	157	+	1, 2024): 114
	158	+	(f) [If] (1) Except as provided in subdivision (2) of this subsection, if a 115
	159	+	person is charged with a violation of the provisions of subsection (a) of 116
	160	+	this section, the charge may not be reduced, nolled or dismissed unless 117
	161	+	the prosecuting authority states in open court such prosecutor's reasons 118
	162	+	for the reduction, nolle or dismissal. 119
	163	+	(2) If a person is charged with a violation of the provisions of 120
	164	+	subsection (a) of this section, the charge may not be reduced to the lesser 121
	165	+	offense of operating a motor vehicle while ability impaired in violation 122
	166	+	of section 1 of this act. 123
195	167		This act shall take effect as follows and shall amend the following
196	168		sections:
197	169
198	170		Section 1 October 1, 2024 New section
199	171		Sec. 2 July 1, 2024 New section
200	172		Sec. 3 October 1, 2024 14-227a(f)
201		-	Sec. 4 from passage New section
202	173
203		-	TRA Joint Favorable Subst.
	174	+	Statement of Purpose:
	175	+	To prohibit the operation of a motor vehicle while having a blood
	176	+	alcohol content that is five-hundredths of one per cent or more of
	177	+	alcohol, by weight, but less than eight-hundredths of one per cent of
	178	+	alcohol, by weight.
	179	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	180	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	181	+	underlined.]
204	182