Bill Summary – FastDemocracy

General Assembly                    Raised Bill No. 384
       February Session, 2020             LCO No. 2311
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT INCREASING THE PENALTIES FOR DISTRACTED DRIVING.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 14-296aa of the 2020 supplement to the general
    statutes is repealed and the following is substituted in lieu thereof
    (Effective October 1, 2020):
       (a) For purposes of this section, the following terms have the
    following meanings:
       (1) "Mobile telephone" means a cellular, analog, wireless or digital
    telephone capable of sending or receiving telephone communications
    without an access line for service.
      (2) "Using" or "use" means holding a hand-held mobile telephone to,
   or in the immediate proximity of, the user's ear.
     (3) "Hand-held mobile telephone" means a mobile telephone with
   which a user engages in a call using at least one hand.
      (4) "Hands-free accessory" means an attachment, add-on, built-in
 LCO No. 2311                                                          1 of 18
                                                          Raised Bill No.   384
 feature, or addition to a mobile telephone, whether or not permanently
 installed in a motor vehicle, that, when used, allows the vehicle operator
 to maintain both hands on the steering wheel.
    (5) "Hands-free mobile telephone" means a hand-held mobile
 telephone that has an internal feature or function, or that is equipped
 with an attachment or addition, whether or not permanently part of
 such hand-held mobile telephone, by which a user engages in a call
 without the use of either hand, whether or not the use of either hand is
 necessary to activate, deactivate or initiate a function of such telephone.
    (6) "Engage in a call" means talking into or listening on a hand-held
 mobile telephone, but does not include holding a hand-held mobile
 telephone to activate, deactivate or initiate a function of such telephone.
    (7) "Immediate proximity" means the distance that permits the
 operator of a hand-held mobile telephone to hear telecommunications
 transmitted over such hand-held mobile telephone, but does not require
 physical contact with such operator's ear.
    (8) "Mobile electronic device" means any hand-held or other portable
 electronic equipment capable of providing data communication
 between two or more persons, including a text messaging device, a
 paging device, a personal digital assistant, a laptop computer,
 equipment that is capable of playing a video game or a digital video
 disk, or equipment on which digital photographs are taken or
 transmitted, or any combination thereof, but does not include any audio
 equipment or any equipment installed in a motor vehicle for the
 purpose of providing navigation, emergency assistance to the operator
 of such motor vehicle or video entertainment to the passengers in the
 rear seats of such motor vehicle.
   (9) "Operating a motor vehicle" means operating a motor vehicle on
 any highway, as defined in section 14-1, including being temporarily
 stationary due to traffic, road conditions or a traffic control sign or
 signal, but not including being parked on the side or shoulder of any
 highway where such vehicle is safely able to remain stationary.
     LCO No. 2311                                                            2 of 18
                                                         Raised Bill No.   384
    (b) (1) Except as otherwise provided in this subsection and
 subsections (c) and (d) of this section, no person shall operate a motor
 vehicle upon a highway, as defined in section 14-1, while using a hand-
 held mobile telephone to engage in a call or while using a mobile
 electronic device. An operator of a motor vehicle who types, sends or
 reads a text message with a hand-held mobile telephone or mobile
 electronic device while operating a motor vehicle shall be in violation of
 this section, except that if such operator is driving a commercial motor
 vehicle, as defined in section 14-1, such operator shall be charged with
 a violation of subsection (e) of this section.
    (2) An operator of a motor vehicle who holds a hand-held mobile
 telephone to, or in the immediate proximity of, his or her ear while
 operating a motor vehicle is presumed to be engaging in a call within
 the meaning of this section. The presumption established by this
 subdivision is rebuttable by evidence tending to show that the operator
 was not engaged in a call.
    (3) The provisions of this subsection shall not be construed as
 authorizing the seizure or forfeiture of a hand-held mobile telephone or
 a mobile electronic device, unless otherwise provided by law.
    (4) Subdivision (1) of this subsection shall not apply to: (A) The use
 of a hand-held mobile telephone for the sole purpose of communicating
 with any of the following regarding an emergency situation: An
 emergency response operator; a hospital, physician's office or health
 clinic; an ambulance company; a fire department; or a police
 department, or (B) any of the following persons while in the
 performance of their official duties and within the scope of their
 employment: A peace officer, as defined in subdivision (9) of section
 53a-3, a firefighter or an operator of an ambulance or authorized
 emergency vehicle, as defined in section 14-1, or a member of the armed
 forces of the United States, as defined in section 27-103, while operating
 a military vehicle, or (C) the use of a hand-held radio by a person with
 an amateur radio station license issued by the Federal Communications
 Commission in emergency situations for emergency purposes only, or
     LCO No. 2311                                                           3 of 18
                                                         Raised Bill No.   384
 (D) the use of a hands-free mobile telephone.
    (c) No person shall use a hand-held mobile telephone or other
 electronic device, including those with hands-free accessories, or a
 mobile electronic device while operating a school bus that is carrying
 passengers, except that this subsection shall not apply when such
 person (1) places an emergency call to school officials, (2) uses a hand-
 held mobile telephone as provided in subparagraph (A) of subdivision
 (4) of subsection (b) of this section, or (3) uses a hand-held mobile
 telephone or mobile electronic device in a manner similar to a two-way
 radio to allow real-time communication with a school official, an
 emergency response operator, a hospital, physician's office or health
 clinic, an ambulance company, a fire department or a police department.
    (d) No person under eighteen years of age shall use any hand-held
 mobile telephone, including one with a hands-free accessory, or a
 mobile electronic device while operating a motor vehicle on a public
 highway, except as provided in subparagraph (A) of subdivision (4) of
 subsection (b) of this section.
    (e) No person shall use a hand-held mobile telephone or other
 electronic device or type, read or send text or a text message with or
 from a mobile telephone or mobile electronic device while operating a
 commercial motor vehicle, as defined in section 14-1, except for the
 purpose of communicating with any of the following regarding an
 emergency situation: An emergency response operator; a hospital;
 physician's office or health clinic; an ambulance company; a fire
 department or a police department.
    (f) Except as provided in subsections (b) to (e), inclusive, of this
 section, no person shall engage in any activity not related to the actual
 operation of a motor vehicle in a manner that interferes with the safe
 operation of such vehicle on any highway, as defined in section 14-1.
    (g) Any law enforcement officer who [issues a summons] arrests a
 person for a violation of this section shall record on [such summons] the
 arrest report the specific nature of any distracted driving behavior
      LCO No. 2311                                                          4 of 18
                                                           Raised Bill No.   384
 observed by such officer.
     (h) Any person who violates this section shall: [be fined one hundred
 fifty dollars for a first violation, three hundred dollars for a second
 violation and five hundred dollars for a third or subsequent violation]
 (1) For conviction of a first violation, (A) be fined not less than five
 hundred dollars nor 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 nor 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, as amended by this act, and (C) have such person's motor
 vehicle operator's license or nonresident operating privilege suspended
 for forty-five days and, as a condition for the restoration of such license,
 be required to complete the distracted driving education course
 pursuant to section 2 of this act; (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 nor 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, as amended by this
 act, and (C) have such person's motor vehicle operator's license or
 nonresident operating privilege suspended for forty-five days and, as a
 condition for the restoration of such license, be required to complete the
 distracted driving education course pursuant to section 2 of this act; 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 nor 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
      LCO No. 2311                                                            5 of 18
                                                           Raised Bill No.   384
 perform one hundred hours of community service, as defined in section
 14-227e, as amended by this act, 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 violation under the provisions of
 subsections (b) to (f), inclusive, of this section in effect on October 1,
 2020, or as amended thereafter, shall constitute a prior conviction for the
 same offense.
    (i) An operator of a motor vehicle who commits a moving violation,
 as defined in subsection (a) of section 14-111g, as amended by this act,
 while engaged in any activity prohibited by this section shall be [fined]
 penalized in accordance with subsection (h) of this section, in addition
 to any penalty or fine imposed for the moving violation.
    (j) The state shall remit to a municipality twenty-five per cent of the
 fine amount received for a violation of this section with respect to each
 [summons issued] arrest made by such municipality. Each clerk of the
 Superior Court or the Chief Court Administrator, or any other official of
 the Superior Court designated by the Chief Court Administrator, shall,
 on or before the thirtieth day of January, April, July and October in each
 year, certify to the Comptroller the amount due for the previous quarter
 under this subsection to each municipality served by the office of the
 clerk or official.
    (k) A record of any violation of this section shall appear on the
 driving history record or motor vehicle record, as defined in section 14-
 10, of any person who commits such violation, and the record of such
 violation shall be available to any motor vehicle insurer in accordance
 with the provisions of section 14-10.
    (l) (1) Each court shall report each conviction under the provisions of
 this section to the Commissioner of Motor Vehicles, in accordance with
 the provisions of section 14-141. The commissioner shall suspend the
 motor vehicle operator's license or nonresident operating privilege of
      LCO No. 2311                                                            6 of 18
                                                           Raised Bill No.   384
 the person reported as convicted for the period of time required by
 subsection (h) of this section. The commissioner shall determine the
 period of time required by subsection (h) of this section based on the
 number of convictions such person has had within the specified time
 period according to such person's driving history record,
 notwithstanding the sentence imposed by the court for such conviction.
    (2) The motor vehicle operator's license or nonresident operating
 privilege of a person found guilty under the provisions of this section
 who, at the time of the offense, was operating a motor vehicle in
 accordance with a special operator's permit issued pursuant to section
 14-37a shall be suspended by the commissioner for twice the period of
 time set forth in subsection (h) of this section.
    (3) If an appeal of any conviction under the provisions of this section
 is taken, the suspension of the motor vehicle operator's license or
 nonresident operating privilege by the commissioner, in accordance
 with this subsection, shall be stayed during the pendency of such
 appeal.
    Sec. 2. (NEW) (Effective October 1, 2020) Any person whose motor
 vehicle operator's license or nonresident operating privilege was
 suspended under subsection (h) of section 14-296aa of the general
 statutes, as amended by this this act, for a conviction of a violation of
 the provisions of section 14-296aa of the general statutes, as amended
 by this act, for a first or second violation, shall participate in a program
 designated by the Commissioner of Motor Vehicles to educate such
 persons concerning the dangers of distracted driving.
    Sec. 3. Section 14-111 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2020):
   (a) No provision of this chapter shall be construed to prohibit the
 commissioner from suspending or revoking any registration or any
 operator's license issued under the provisions of any statute relating to
 motor vehicles, or from suspending the right of any person to operate a
 motor vehicle in this state, or from suspending or revoking the right of
      LCO No. 2311                                                            7 of 18
                                                           Raised Bill No.   384
 any nonresident to operate, or the right to any operation of, any motor
 vehicle within this state, for any cause that he deems sufficient, with or
 without a hearing. Whenever any certificate of registration is suspended
 or revoked, all evidence of the same shall be delivered forthwith to the
 commissioner or to any person authorized by the commissioner to
 receive the same, and the commissioner or any person authorized by the
 commissioner may seize such certificate of registration and all evidence
 of the same. Except as otherwise provided by law, the commissioner
 may cancel any such suspension or revocation and may return such
 certificate of registration or restore the operator's license either with or
 without an additional fee, provided no certificate of registration or
 operator's license which has been suspended for any definite term,
 except as provided in subsection (k) of this section, shall be returned or
 restored until the term of suspension has been completed. Any appeal
 taken from the action of the commissioner shall not act as a stay of
 suspension or revocation except with his consent. No service of process
 shall be necessary in connection with any of the prescribed activities of
 the commissioner, but a notice forwarded by bulk certified mail to the
 address of the person registered as owner or operator of any motor
 vehicle as shown by the records of the commissioner shall be sufficient
 notice to such person that the certificate of registration or operator's
 license is revoked or under suspension.
    (b) (1) Except as provided in subdivision (2) or (3) of this subsection,
 whenever the holder of any motor vehicle operator's license has been
 convicted or has forfeited any bond taken or has received a suspended
 judgment or sentence for any of the following violations, the
 commissioner shall, without hearing, suspend such pers