CT
Connecticut House Bill HB05473

Connecticut 2010 Regular Session

Connecticut House Bill HB05473 Compare Versions

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1-General Assembly Substitute Bill No. 5473
2-February Session, 2010 *_____HB05473JUD___032910____*
1+General Assembly Raised Bill No. 5473
2+February Session, 2010 LCO No. 1928
3+ *01928_______JUD*
4+Referred to Committee on Judiciary
5+Introduced by:
6+(JUD)
37
48 General Assembly
59
6-Substitute Bill No. 5473
10+Raised Bill No. 5473
711
812 February Session, 2010
913
10-*_____HB05473JUD___032910____*
14+LCO No. 1928
15+
16+*01928_______JUD*
17+
18+Referred to Committee on Judiciary
19+
20+Introduced by:
21+
22+(JUD)
1123
1224 AN ACT CONCERNING ACTIONS TO RECOVER DAMAGES FOR THE SEXUAL ABUSE, SEXUAL EXPLOITATION OR SEXUAL ASSAULT OF A MINOR.
1325
1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
1527
16-Section 1. Section 52-577d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any action pending on or brought on or after said date):
28+Section 1. Section 52-577d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any cause of action arising from an act or omission occurring prior to, on or after said date):
1729
18-(a) Notwithstanding the provisions of section 52-577 and except as provided in subsection (b) of this section, no action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person later than thirty years from the date such person attains the age of majority.
30+Notwithstanding the provisions of section 52-577, [no] an action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person [later than thirty years from the date such person attains the age of majority] at any time after the date of the act complained of.
1931
20-(b) An action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person at any time if:
32+Sec. 2. Section 52-352b of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any cause of action arising from an act or omission occurring prior to, on or after said date):
2133
22-(1) One or more other actions are brought by another person or persons within the limitation of time prescribed in subsection (a) of this section;
34+The following property of any natural person shall be exempt:
2335
24-(2) The complaint or initial pleading in the action (A) alleges sexual abuse, sexual exploitation or sexual assault that is substantially similar to that alleged in such other action or actions, (B) alleges that the sexual abuse, sexual exploitation or sexual assault was committed by the same person alleged to have committed the sexual abuse, sexual exploitation or sexual assault in such other action or actions, and (C) names the same defendant or defendants alleged to be liable to such person as named in such other action or actions; and
36+(a) Necessary apparel, bedding, foodstuffs, household furniture and appliances;
2537
26-(3) The attorney or party filing the action has made a reasonable inquiry as permitted by the circumstances to determine that there are grounds for a good faith belief that such person was sexually abused, sexually exploited or sexually assaulted as a minor. The complaint or initial pleading shall contain a certificate of the attorney or party filing the action that such reasonable inquiry gave rise to a good faith belief that grounds exist for an action against each named defendant. To show the existence of such good faith, the attorney or party filing the action shall identify in such certificate physical or documentary evidence of the sexual abuse, sexual exploitation or sexual assault and describe the connection between the person alleged to have committed such sexual abuse, sexual exploitation or sexual assault and any other defendant. The failure of the complaint or initial pleading to contain such a certificate shall be grounds for the granting of a motion to strike.
38+(b) Tools, books, instruments, farm animals and livestock feed, which are necessary to the exemptioner in the course of his or her occupation, profession or farming operation;
2739
28-Sec. 2. (NEW) (Effective from passage and applicable to any claim pending on or presented on or after said date) A claim against the state to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault committed by a state officer or employee may be presented to the Claims Commissioner in accordance with chapter 53 of the general statutes. Notwithstanding the provisions of section 4-148 of the general statutes concerning the limitation of time on the presentation of a claim to the Claims Commissioner, such claim may be presented to the Claims Commissioner subject to the limitation of time and requirements set forth in section 52-577d of the general statutes, as amended by this act.
40+(c) Burial plot for the exemptioner and his or her immediate family;
41+
42+(d) Public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program;
43+
44+(e) Health and disability insurance payments;
45+
46+(f) Health aids necessary to enable the exemptioner to work or to sustain health;
47+
48+(g) Workers' compensation, Social Security, veterans and unemployment benefits;
49+
50+(h) Court-approved payments for child support;
51+
52+(i) Arms and military equipment, uniforms or musical instruments owned by any member of the militia or armed forces of the United States;
53+
54+(j) One motor vehicle to the value of three thousand five hundred dollars, provided value shall be determined as the fair market value of the motor vehicle less the amount of all liens and security interests which encumber it;
55+
56+(k) Wedding and engagement rings;
57+
58+(l) Residential utility deposits for one residence, and one residential security deposit;
59+
60+(m) Any assets or interests of an exemptioner in, or payments received by the exemptioner from, a plan or arrangement described in section 52-321a;
61+
62+(n) Alimony and support, other than child support, but only to the extent that wages are exempt from execution under section 52-361a;
63+
64+(o) An award under a crime reparations act;
65+
66+(p) All benefits allowed by any association of persons in this state towards the support of any of its members incapacitated by sickness or infirmity from attending to his usual business;
67+
68+(q) All moneys due the exemptioner from any insurance company on any insurance policy issued on exempt property, to the same extent that the property was exempt;
69+
70+(r) Any interest of the exemptioner in any property not to exceed in value one thousand dollars;
71+
72+(s) Any interest of the exemptioner not to exceed in value four thousand dollars in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the exemptioner under which the insured is the exemptioner or an individual of whom the exemptioner is a dependent;
73+
74+(t) The homestead of the exemptioner to the value of seventy-five thousand dollars, or, in the case of a money judgment arising out of services provided at a hospital, to the value of one hundred twenty-five thousand dollars, except that, in the case of a money judgment arising out of the sexual abuse, sexual exploitation or sexual assault of a minor, the value of the homestead of the natural person shall not be exempt, provided value shall be determined as the fair market value of the real property less the amount of any statutory or consensual lien which encumbers it; and
75+
76+(u) Irrevocable transfers of money to an account held by a debt adjuster licensed pursuant to sections 36a-655 to 36a-665, inclusive, for the benefit of creditors of the exemptioner.
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3280
3381 This act shall take effect as follows and shall amend the following sections:
34-Section 1 from passage and applicable to any action pending on or brought on or after said date 52-577d
35-Sec. 2 from passage and applicable to any claim pending on or presented on or after said date New section
82+Section 1 from passage and applicable to any cause of action arising from an act or omission occurring prior to, on or after said date 52-577d
83+Sec. 2 from passage and applicable to any cause of action arising from an act or omission occurring prior to, on or after said date 52-352b
3684
3785 This act shall take effect as follows and shall amend the following sections:
3886
3987 Section 1
4088
41-from passage and applicable to any action pending on or brought on or after said date
89+from passage and applicable to any cause of action arising from an act or omission occurring prior to, on or after said date
4290
4391 52-577d
4492
4593 Sec. 2
4694
47-from passage and applicable to any claim pending on or presented on or after said date
95+from passage and applicable to any cause of action arising from an act or omission occurring prior to, on or after said date
4896
49-New section
97+52-352b
5098
99+Statement of Purpose:
51100
101+To protect children by eliminating the statute of limitations for an action to recover damages for the sexual abuse, sexual exploitation or sexual assault of a minor and by eliminating the homestead exemption in such cases.
52102
53-JUD Joint Favorable Subst.
54-
55-JUD
56-
57-Joint Favorable Subst.
103+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]