CSAO: Transportation Committee - January 30, 2017 - H.B. No. 5303

TESTIMONY OF THE DIVISION OF CRIMINAL JUSTICE

IN SUPPORT OF:

Proposed H.B. No. 5303 AN ACT CONCERNING NOTICE TO THE DEPARTMENT OF MOTOR VEHICLES OF JUVENILE MARIJUANA-RELATED INFRACTIONS

JOINT COMMITTEE ON TRANSPORTATION
January 30, 2017

The Division of Criminal Justice respectfully recommends the Committee’s JOINT FAVORABLE SUBSTITUE REPORT for House Bill No. 5303, An Act Concerning Notice to the Department of Motor Vehicles of Juvenile Marijuana-Related Infractions. The concept behind this legislation is included in the Division’s 2017 Legislative Recommendations to the General Assembly.

Connecticut General Statutes Section 46b-124(m) provides a list of offenses that are required to be disclosed to the Department of Motor Vehicles (DMV), despite the confidentiality of juvenile records, so the DMV can determine "whether administrative sanctions regarding such child’s motor vehicle operator’s license are warranted."

Missing from that list, presumably due to an oversight, are violations of CGS Section 21a-267(d), possession of drug paraphernalia for use with less than one-half ounce of marijuana, CGS Section 21a-279a, possession of less than one-half ounce of marijuana, both of which are subject to DMV administrative sanctions for persons under the age of twenty-one by CGS Section14-111e.

Similarly, convictions for violating CGS Sections 14-227a and 14-227g, operating under the influence of alcohol, should be added to the list. A 16- or 17-year-old charged with these offenses would be handled in the adult court, but the case of a person under the age of 16 charged with such offenses would be heard in the juvenile court. In the interest of public safety, the same administrative sanctions should apply to both age groups.

The Division would respectfully offer the following language to accomplish this goal:

Subsection (m) of section 46b-124 of the general statutes is hereby repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(m) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, containing information that a child has been convicted as delinquent for a violation of subdivision (e) of section 1-1h, subsection (c) of section 14-147, subsection (a) of section 14-215, section 14-222, subsection (b) of section 14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, section 14-227g, section 14-227m, section 14-227n, subsection (d) of section 21a-267, section 21a-279a, section 30-88a, [or] subsection (b) of section 30-89, or section 53a-213, shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether administrative sanctions regarding such child’s motor vehicle operator’s license are warranted. Records disclosed pursuant to this subsection shall not be further disclosed.

It should be noted that the recommended language is consistent with the overall Division of Criminal Justice 2017 Legislative Recommendations with regard to Operating Under the Influence (OUI) issues. The Division has submitted comprehensive legislation, including the above language, to the Joint Committee on Judiciary. As such, this recommended language would not serve as a stand-alone bill for final passage as now written, but of course could be modified in the course of the legislative process as the General Assembly deems appropriate. The Division stands ready to assist with this process.

In closing, the Division of Criminal Justice respectfully recommends the Committee’s JOINT FAVORABLE SUBSTITUTE REPORT for H.B. No. 5303 to incorporate the language presented above. The Division also wishes to thank Representative Ziobron for introducing this legislation and the Joint Committee on Transportation for your consideration of this matter. We would be happy to provide any additional information the Committee might require or to answer any questions that you might have.



Content Last Modified on 3/22/2017 9:23:47 AM