Testimony of the Division of Criminal Justice

In support of:

• S.B. No. 1031 (RAISED): An Act Increasing the Penalty for Manslaughter in the Second Degree with a Motor Vehicle
• S.B. No. 965 (RAISED): An Act Concerning the Use of an Ignition Interlock Device Upon a First Drunken Driving Conviction

Joint Committee on Judiciary
March 18, 2011

The Division of Criminal Justice respectfully recommends the Committee’s Joint Favorable Report for S.B. No. 1031, An Act Increasing the Penalty for Manslaughter in the Second Degree with a Motor Vehicle, and S.B. No. 965, An Act Concerning the Use of an Ignition Interlock Device Upon a First Drunken Driving Conviction. Both of these bills will strengthen the efforts of law enforcement and the courts to combat the serious threat to public health and safety caused by driving under the influence.

S.B. No. 1031 reclassifies the crime of Manslaughter in the Second Degree with a Motor Vehicle as defined in section 53a-56b of the general statues from a class C felony to a class B felony. This would increase the potential maximum sentence for this crime from the ten (10) years now provided for a class C felony to the twenty years (20) years allowed for a class B felony. The maximum fine also would be increased from the $10,000 now allowed for a class C felony to the $15,000 maximum allowed for a class B felony.

Given the disastrous consequences that driving under the influence poses to public health and safety this increase in the maximum penalties that may be imposed when a person operates a motor vehicle while under the influence of intoxicating liquor or any drug and thereby causes the death of another person as a consequence of such liquor or drug is certainly warranted. Further, the Division believes the approach of S.B. No. 1031 is simpler and preferable to that of S.B. No. 1034, An Act Concerning the Penalty for Manslaughter While Operating a Motor Vehicle under the Influence of Intoxicating Liquor or Drug. S.B. No. 1034 would be accompanied by a rebuttable presumption to the contrary, which would add an element to the crime that the state does not presently have to prove. This added element, even with the rebuttable presumption, will, at the very least, create confusion and make the law more difficult to enforce. As such we would recommend the Committee’s Joint Favorable Report for S.B. No. 1031 and that the Committee takes no action on S.B. No. 1034.

The Division of Criminal Justice supports S.B. No. 965, An Act Concerning the Use of an Ignition Interlock Device Upon a First Drunken Driving Conviction. Prosecutors report that it is not a rare occurrence for an offender to come to court facing a second DUI charge while already under suspension and still on probation for the first offense. The public should not have to wait for this to occur before the use of the ignition interlock device can be ordered. The simple reality is that even one conviction is one too many.

In conclusion, the Division wishes to thank the Committee for this opportunity to comment on these bills. We would be happy to provide any additional information the Committee might require or to answer any questions that you might have.