Connecticut 2012 Regular Session

Connecticut House Bill HB05366 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 5366
2		-	February Session, 2012 _____HB05366JUD___040212____
	1	+	General Assembly Raised Bill No. 5366
	2	+	February Session, 2012 LCO No. 1565
	3	+	01565_______JUD
	4	+	Referred to Committee on Judiciary
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 5366
	10	+	Raised Bill No. 5366
7	11
8	12		February Session, 2012
9	13
10		-	_____HB05366JUD___040212____
	14	+	LCO No. 1565
	15	+
	16	+	01565_______JUD
	17	+
	18	+	Referred to Committee on Judiciary
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
11	23
12	24		AN ACT CONCERNING CIVIL ACTIONS AND SUBPOENAS FILED TO HARASS AN INDIVIDUAL OR AFTER NUMEROUS ACTIONS AGAINST THE INDIVIDUAL HAVE BEEN DISMISSED.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16		-	Section 1. (NEW) (Effective October 1, 2012) (a) (1) No civil action shall be filed by a person who has been convicted of a crime committed against the defendant in such civil action unless the complaint or initial pleading contains a certificate, signed and sworn to by the attorney or party filing the action, that a reasonable inquiry has been made and that, in the opinion of the attorney or party, there are grounds for a good faith belief that such action has merit and that such action is not being filed for a malicious purpose or solely to harass the defendant.
	28	+	Section 1. (NEW) (Effective October 1, 2012) (a) (1) No civil action shall be filed by a person who has been convicted of a crime committed against the defendant in such civil action unless the complaint or initial pleading contains a certificate, signed and sworn to by the attorney or party filing the action, that a reasonable inquiry has been made and that, in the opinion of the attorney or party, there are grounds for a good-faith belief that such action has merit and that such action is not being filed for a malicious purpose or solely to harass the defendant.
17	29
18		-	(2) No civil action shall be filed by a person who has had three or more prior complaints or appeals against the defendant in such civil action dismissed by a state or federal court on the grounds that such complaints or appeals were frivolous or malicious or failed to state a claim upon which relief may be granted unless the complaint or initial pleading contains a certificate, signed and sworn to by the attorney or party filing the action, that a reasonable inquiry has been made and that, in the opinion of the attorney or party, there are grounds for a good faith belief that such action has merit and that such action is not being filed for a malicious purpose or solely to harass the defendant.
	30	+	(2) No civil action shall be filed by a person who has had three or more prior complaints or appeals against the defendant in such civil action dismissed by a state or federal court on the grounds that such complaints or appeals were frivolous or malicious or failed to state a claim upon which relief may be granted unless the complaint or initial pleading contains a certificate, signed and sworn to by the attorney or party filing the action, that a reasonable inquiry has been made and that, in the opinion of the attorney or party, there are grounds for a good-faith belief that such action has merit and that such action is not being filed for a malicious purpose or solely to harass the defendant.
19	31
20	32		(3) Such certificate shall include a detailed basis for the formation of such opinion.
21	33
22		-	(b) Upon the filing of the complaint or initial pleading with such certificate, the court shall stay all proceedings against the defendant. If the court finds, after review of the certificate and such other information as it deems relevant to its review, that the plaintiff has been convicted of a crime of which the defendant is a victim, or has had three or more prior complaints or appeals against the defendant dismissed ~~by a state or federal court~~ on ~~the grounds that~~ such ~~complaints or appeals were frivolous or malicious or failed to state a claim upon which relief may be granted~~, and that the pending civil action is without merit and ~~was filed for~~ a malicious purpose or solely to harass the defendant, the court, on motion of the defendant or on its own motion, may dismiss such action and may impose upon the attorney or party filing the action, or both, an appropriate sanction which may include an order to pay to the ~~defendant~~ the amount of the reasonable expenses incurred because of the filing of the civil action, including a reasonable attorney's fee. The court may also submit the matter to the appropriate authority for disciplinary review of the attorney if the party's attorney submitted the certificate.
	34	+	(b) Upon the filing of the complaint or initial pleading with such certificate, the court shall stay all proceedings against the defendant. If the court finds, after review of the certificate and such other information as it deems relevant to its review, that the plaintiff has been convicted of a crime of which the defendant is a victim, or has had three or more prior complaints or appeals against the defendant dismissed on such grounds, and that the pending civil action is without merit and brought with a malicious purpose or solely to harass the defendant, the court, on motion of the defendant or on its own motion, may dismiss such action and may impose upon the attorney or party filing the action, or both, an appropriate sanction which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the civil action, including a reasonable attorney's fee. The court may also submit the matter to the appropriate authority for disciplinary review of the attorney if the party's attorney submitted the certificate.
23	35
24	36		(c) For the purposes of this section, "crime" includes, but is not limited to, a family violence crime, as defined in section 46b-38a of the general statutes.
25	37
26	38		Sec. 2. Section 52-161b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
27	39
28	40		(a) A [pro se litigant in any] party in a civil matter, including a habeas corpus proceeding, shall notify the clerk of the court if such [litigant] party has been convicted of a family violence crime, as defined in section 46b-38a, or a violation of section 53-21, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d or 53a-181e, and if the subject of a subpoena to be issued by such [litigant] party in such matter is the victim of the crime for which such [litigant] party was convicted.
29	41
30	42		(b) A [pro se litigant] party who has been convicted of [said] a family violence crime or a violation of any of said sections shall not issue a subpoena summoning a victim of the crime for which such [litigant] party was convicted to appear and testify at a court hearing or deposition in any civil matter, including a habeas corpus proceeding, unless a court authorizes the issuance of such subpoena in accordance with subsection (c) of this section.
31	43
32	44		(c) Whenever such [pro se litigant] party intends to issue a subpoena to any such victim, such [litigant] party shall provide the clerk of the court with notice of such intention. Upon receipt of such notice, the clerk of the court shall schedule a hearing and provide notice to [the pro se litigant] such party of the date, time and place of such hearing. At such hearing, [the pro se litigant] such party shall make an offer of proof as to the content of the testimony expected to be given by the victim. If the court finds that the testimony expected to be given by the victim is relevant and necessary to the civil matter, the court shall authorize [the pro se litigant] such party to issue such subpoena to such victim. The scope of such [litigant's] party's examination of the victim shall be limited in accordance with the court's findings on the offer of proof.
33	45
34	46		Sec. 3. (NEW) (Effective October 1, 2012) (a) A party in a civil matter, including a habeas corpus proceeding, shall notify the clerk of the court if the party has had three or more prior complaints or appeals against the defendant in the civil matter dismissed by a state or federal court on the grounds that such complaints or appeals were frivolous or malicious or failed to state a claim upon which relief may be granted.
35	47
36	48		(b) A party who has had three or more prior complaints or appeals against the defendant dismissed on such grounds shall not issue a subpoena summoning the defendant to appear and testify at a court hearing or deposition in any civil matter, including a habeas corpus proceeding, unless a court authorizes the issuance of such subpoena in accordance with subsection (c) of this section.
37	49
38	50		(c) Whenever such party intends to issue a subpoena to any such defendant, such party shall provide the clerk of the court with notice of such intention. Upon receipt of such notice, the clerk of the court shall schedule a hearing and provide notice to such party of the date, time and place of such hearing. At such hearing, such party shall make an offer of proof as to the content of the testimony expected to be given by the defendant. If the court finds that the testimony expected to be given by the defendant is relevant and necessary to the civil matter, the court shall authorize such party to issue such subpoena to such defendant. The scope of such party's examination of the defendant shall be limited in accordance with the court's findings on the offer of proof.
39	51
40	52
41	53
42	54
43	55		This act shall take effect as follows and shall amend the following sections:
44	56		Section 1 October 1, 2012 New section
45	57		Sec. 2 October 1, 2012 52-161b
46	58		Sec. 3 October 1, 2012 New section
47	59
48	60		This act shall take effect as follows and shall amend the following sections:
49	61
50	62		Section 1
51	63
52	64		October 1, 2012
53	65
54	66		New section
55	67
56	68		Sec. 2
57	69
58	70		October 1, 2012
59	71
60	72		52-161b
61	73
62	74		Sec. 3
63	75
64	76		October 1, 2012
65	77
66	78		New section
67	79
68		-	Statement of ~~Legislative Commissioners~~:
	80	+	Statement of Purpose:
69	81
70		-	~~Section 1(b) was rewritten~~ for ~~consistency~~.
	82	+	To protect crime victims, and individuals against whom multiple civil actions have been filed and dismissed, by establishing standards for plaintiffs who initiate civil actions against such victims and individuals, and to make standards concerning subpoenas in civil actions against crime victims applicable to all plaintiffs, rather than limiting such provisions to pro se litigants as currently provided.
71	83
72		-
73		-
74		-	JUD Joint Favorable Subst.-LCO
75		-
76		-	JUD
77		-
78		-	Joint Favorable Subst.-LCO
	84	+	[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.]