Connecticut Seal

General Assembly

Amendment

 

February Session, 2012

LCO No. 5014

   
 

*HB0555305014HDO*

Offered by:

 

REP. FOX, 146th Dist.

REP. REYNOLDS, 42nd Dist.

 

To: Subst. House Bill No. 5553

File No. 551

Cal. No. 406

Strike lines 4 to 38, inclusive, in their entirety and substitute the following in lieu thereof:

"(i) (1) Whenever any person has been convicted of any violation of section 14-110, 14-147, 14-215, as amended by this act, 14-222 or 14-224 and such person's license has been suspended by the commissioner, such person may make application to the commissioner for the reversal or reduction of the term of such suspension. Such application shall be in writing and shall state specifically the reasons why such applicant believes that the applicant is entitled to such reversal or reduction. The commissioner shall consider each such application and the applicant's driver control record, as defined in section 14-111h, and may grant a hearing to the applicant in accordance with the provisions of chapter 54 and section 14-4a.

(2) Any person whose license has been revoked in accordance with subparagraph (C) of subdivision (3) of subsection (g) of section 14-227a, as amended by this act, may, at any time after [six] two years from the date of such revocation, request a hearing before the commissioner, conducted in accordance with the provisions of chapter 54, and the provisions of subdivision (1) of this subsection for reversal or reduction of such revocation. The commissioner shall require such person to provide evidence that any reversal or reduction of such revocation shall not endanger the public safety or welfare. Such evidence shall include, but not be limited to, proof that such person has successfully completed an alcohol education and treatment program, and proof that such person has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding [six] two years. The commissioner shall require any person, as a condition of granting such reversal or reduction, to install and maintain an approved ignition interlock device, in accordance with the provisions of subsection (i) of section 14-227a, as amended by this act. The approved ignition interlock device shall be installed and maintained for [a period of ten years after the date of the granting of such reversal or reduction] any period during the lifetime of such person in which such person owns or operates a motor vehicle, except that such person may, at any time after fifteen years from the date the commissioner grants such reversal or reduction, request a hearing before the commissioner, conducted in accordance with the provisions of chapter 54, to remove such ignition interlock device. The commissioner may authorize the removal of such ignition interlock device, for good cause shown, after such fifteen-year period and such hearing. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish standards to implement the provisions of this section. "

In line 82, after "program" strike ", an"

In line 83, strike "appointment with a probation officer"

In line 96, strike ", an appointment with a probation officer"

In line 110, strike "suspension" and substitute "revocation" in lieu thereof

In line 145, strike ", an appointment with a probation"

In line 146, strike "officer"

In line 193, strike ", an appointment with a probation officer"

Strike lines 332 to 378, inclusive, in their entirety and substitute the following in lieu thereof:

"Sec. 7. (NEW) (Effective January 1, 2013) (a) (1) Any person whose motor vehicle operator's license or nonresident operating privilege is suspended under subsection (g) of section 14-227a of the general statutes, as amended by this act, for a conviction of a violation of subsection (a) of said section or under section 14-227b of the general statutes for a second or subsequent violation shall, if required by the Commissioner of Motor Vehicles, participate in a treatment program which includes an assessment of the degree of alcohol abuse and treatment, as appropriate, approved by the Commissioner of Motor Vehicles.

(2) The commissioner shall not reinstate the operator's license or nonresident operating privilege of any such person unless such person is otherwise eligible for reinstatement and submits evidence to the commissioner that such person has enrolled in the treatment program. Any person whose operator's license or nonresident operating privilege has been reinstated under this subdivision who fails to participate in such program shall have such person's license or operating privilege suspended until such person participates in such program.

(3) Any person whose certificate is suspended or revoked pursuant to section 15-132a, 15-133, 15-140l or 15-140n of the general statutes shall participate in such treatment program.

(b) The treatment program shall be designed by the commissioner, with the advice and assistance of the Motor Vehicle Operator's License Medical Advisory Board established pursuant to section 14-46b of the general statutes, any state agency or any other public or private entity engaged in the provision of responsible services for the treatment of alcohol and drug addiction as the commissioner may request. The program shall consist of intensive treatment and a phase of continuing aftercare supervision and monitoring on an individual basis. The program may be provided by one or more private organizations approved by the commissioner which meet qualifications established by the commissioner, provided the entire cost of the program shall be paid from fees charged to the participants, the amounts of which shall be subject to the approval of the commissioner. The commissioner may limit the number of qualified organizations that provide the program based on criteria the commissioner deems appropriate, including the projected total number of participants in the program.

(c) Upon receipt of notification from the commissioner of the requirement to participate in the program, such person may petition the commissioner in writing for a waiver of such requirement on the following grounds: (1) The petitioner is presently undergoing a substance abuse treatment program for alcohol or drug addiction, or has completed such a program subsequent to the petitioner's most recent arrest, either as a result of an order of the Superior Court or on a voluntary basis, and (2) the petitioner does not, in the opinion of a licensed physician based upon a personal examination, have a current addiction problem that affects the petitioner's ability to operate a motor vehicle in a safe manner. In reviewing and determining whether to grant any such petition, the commissioner shall request and give due consideration to the advice of the Motor Vehicle Operator's License Medical Advisory Board. Any person aggrieved by the decision of the commissioner may appeal such decision in accordance with the provisions of chapter 54 of the general statutes. "

In line 394, strike "2012" and substitute "2013" in lieu thereof

In line 397, strike "2014" and substitute "2015" in lieu thereof