Bill Text: CT HB06589 | 2011 | General Assembly | Introduced

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Bill Title: An Act Increasing The Penalties For Drunken Driving When A Child Is A Passenger Or When Serious Injury Or Death Of A Child Results.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-14 - Public Hearing 03/18 [HB06589 Detail]

Download: Connecticut-2011-HB06589-Introduced.html

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General Assembly		Raised Bill No. 6589
January Session, 2011		LCO No. 3799
		*03799_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT INCREASING THE PENALTIES FOR DRUNKEN DRIVING WHEN A CHILD IS A PASSENGER OR WHEN SERIOUS INJURY OR DEATH OF A CHILD RESULTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (g) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(g) [Any] Except as provided in subsection (m) of this section, any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer, and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

Sec. 2. Section 14-227a of the general statutes is amended by adding subsection (m) as follows (Effective October 1, 2011):

(NEW) (m) Any person who violates any provision of subsection (a) of this section while a person under sixteen years of age is a passenger in the motor vehicle shall be fined not more than twice the maximum fine and imprisoned not more than twice the maximum term of imprisonment authorized for such violation pursuant to subsection (g) of this section.

Sec. 3. Section 53a-56b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) A person is guilty of manslaughter in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug.

(b) Manslaughter in the second degree with a motor vehicle is a class C felony or, if the victim of the offense was a person under sixteen years of age, a class B felony, and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.

Sec. 4. Section 53a-60d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) A person is guilty of assault in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes serious physical injury to another person as a consequence of the effect of such liquor or drug.

(b) Assault in the second degree with a motor vehicle is a class D felony or, if the victim of the offense was a person under sixteen years of age, a class C felony, and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2011	14-227a(g)
Sec. 2	October 1, 2011	14-227a
Sec. 3	October 1, 2011	53a-56b
Sec. 4	October 1, 2011	53a-60d

Statement of Purpose:

To increase the penalties for operating while under the influence, manslaughter with a motor vehicle and assault with a motor vehicle when a person under sixteen years of age is a passenger.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]