Substitute House Bill No. 5629
Public Act No. 16-182
AN ACT CONCERNING A DIVERSIONARY PROGRAM FOR PERSONS UNDER AGE TWENTY-ONE FOR MOTOR VEHICLE VIOLATIONS AND CRIMES RELATED TO UNDERAGE DRINKING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2016) (a) The court may, in its discretion, invoke a program on motion of a defendant or on motion of a state's attorney or prosecuting attorney with respect to a defendant who (1) is under twenty-one years of age, (2) is charged with a motor vehicle violation, or a violation of section 30-88a or 30-89a of the general statutes or subsection (a) or (b) of section 30-89 of the general statutes, and (3) has not previously had such program invoked in such person's behalf.
(b) This section shall not be applicable to any person charged with a motor vehicle violation causing serious injury or death, a motor vehicle violation classified as a felony unless good cause is shown, or a violation of section 14-227a or 14-227g of the general statutes.
(c) The court shall refer such person to the Court Support Services Division of the Judicial Branch for confirmation of eligibility of such person. Such program shall provide a nonconfrontational forum for such defendants to hear from victims who have been affected by underage drinking, drunk driving, distracted driving or other motor vehicle violations. Such program shall be approved by the Court Support Services Division conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or drugs or both. Such organization may assess a participation fee of not more than fifty dollars on any defendant required by the court to participate in such program.
(d) Such organization shall report whether the defendant satisfactorily completed the program to the Court Support Services Division. If the defendant satisfactorily completed the program, not later than nine months after the date on which the program was invoked pursuant to subsection (a) of this section, the charges against the defendant shall be dismissed. If the defendant does not satisfactorily complete the program not later than nine months after the invocation of such program, the charges against the defendant shall be reinstated.
Approved June 7, 2016