§ 53a-56b — Manslaughter in the second degree with a motor vehicle: Class C felony.

Connecticut § 53a-56b

• Jurisdiction: Connecticut
• Title 53a: Penal Code
• Ch. 952: Penal Code: Offenses

Text

(a) A person is guilty of manslaughter in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug. (b) Manslaughter in the second degree with a motor vehicle is a class C felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j , for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles. See Sec. 14-111g re motor vehicle operator's retraining program. See Sec. 14-227o re discount for ignition interlock device services.

Legislative History

(P.A. 82-403, S. 1; P.A. 83-534, S. 8; P.A. 85-147, S. 1; P.A. 08-150, S. 59.) History: P.A. 83-534 amended Subsec. (b) to require the court to suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty for one year; P.A. 85-147 deleted “while intoxicated” from the title of the offense and a provision that defined “intoxication” to include intoxication by alcohol or by drug or both, and replaced elements of offense of “when, in consequence of his intoxication while operating a motor vehicle, he causes the death of another person” with “when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug”; P.A. 08-150 amended Subsec. (b) to require court to order a person found guilty not to operate any motor vehicle that is not equipped with an approved ignition interlock device for a period of two years after restoration of such person's operator's license or nonresident operating privilege. Cited. 193 C. 632; 213 C. 74; 216 C. 699; 219 C. 752; 229 C. 228. There is no language in section to indicate expressly that legislature intended that a person convicted of second degree manslaughter with a motor vehicle could not also be convicted of first degree manslaughter. 263 C. 390. Cited. 5 CA 378; 9 CA 686; 11 CA 122; 12 CA 129; Id., 294; 16 CA 358; 18 CA 223; 21 CA 138; 22 CA 108; 23 CA 215; Id., 720; 29 CA 825; 34 CA 557; Id., 655; 36 CA 710; 40 CA 359. Subsec. (a): Sec. 53a-57 not a lesser included offense. 11 CA 473. Cited. 20 CA 495. Conviction under Subsec. and for manslaughter in second degree under Sec. 53a-56(a)(1) for the death of one person does not constitute double jeopardy. 111 CA 466.