Connecticut 2012 Regular Session

Connecticut Senate Bill SB00423 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 423
2	2	February Session, 2012 LCO No. 2354
3	3	02354_______JUD
4	4	Referred to Committee on Judiciary
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 423
11	11
12	12	February Session, 2012
13	13
14	14	LCO No. 2354
15	15
16	16	02354_______JUD
17	17
18	18	Referred to Committee on Judiciary
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
23	23
24	24	AN ACT CONCERNING COURT FEES PAID BY THE STATE AND SERVICE OF PROCESS REQUIREMENTS IN CIVIL ACTIONS COMMENCED AGAINST THE STATE BY PERSONS WHO ARE INCARCERATED.
25	25
26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
27	27
28	28	Section 1. Subsection (e) of section 46b-15 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
29	29
30	30	(e) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to subsection (b) of this section to be served on the respondent not less than five days before the hearing. [The cost of such service shall be paid for by the Judicial Branch.] Any proper officer serving such process shall first attempt to effect personal service by delivering a true and attested copy to the respondent and may effect service by leaving a true and attested copy at the respondent's usual place of abode only after an attempt to personally serve the respondent has been made. Notwithstanding the provisions of sections 52-261 and 52-261a, the costs of such service shall be paid by the Judicial Branch in accordance with the following fee schedule: (1) For personal service, the fee shall be sixty dollars; and (2) for abode service, the fee shall be thirty dollars. Such fees shall be inclusive of all costs for service including, but not limited to, copies, mileage, mailing costs, if any, and notifying law enforcement agencies, as required by this subsection. No payment for abode service shall be made if the officer's efforts to effect personal service are not detailed in the officer's return of service. Failure by the proper officer to notify law enforcement agencies in accordance with this subsection shall not impact the validity of service upon the respondent. Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides. The clerk of the court shall send, by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, within forty-eight hours of the issuance of such order.
31	31
32	32	Sec. 2. Section 52-64 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
33	33
34	34	(a) Service of civil process in any civil action or proceeding maintainable against or in any appeal authorized from the actions of, or service of any foreign attachment or garnishment authorized against, the state or against any institution, board, commission, department or administrative tribunal thereof, or against any officer, servant, agent or employee of the state or of any such institution, board, commission, department or administrative tribunal, as [such] the case may be, may be made by a proper officer (1) leaving a true and attested copy of the process, including the declaration or complaint, with the Attorney General at the [Attorney General's] office of the Attorney General in Hartford, or (2) sending a true and attested copy of the process, including the summons and complaint, by certified mail, return receipt requested, to the Attorney General at the [Attorney General's] office of the Attorney General in Hartford.
35	35
36	36	(b) Notwithstanding the provisions of subsection (a) of this section, service of process by any incarcerated person filing a civil action against the state or any institution, board, commission, department or administrative tribunal thereof, or against any officer, servant, agent or employee of the state or of any such institution, board, commission, department or administrative tribunal, as the case may be, shall be made by the incarcerated person: (1) Sending a copy of the summons and complaint by certified mail, return receipt requested, to the Attorney General at the office of the Attorney General in Hartford; or (2) delivering a copy of the summons and complaint to an employee of the Department of Correction, designated by the Commissioner of Correction to receive such process; such employee shall use the state's interagency mail system to deliver the summons and complaint to the Attorney General at the office of the Attorney General in Hartford.
37	37
38	38	Sec. 3. Subsection (a) of section 52-259b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
39	39
40	40	(a) In any civil or criminal matter, if the court finds that a party is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process and that the matter is not frivolous, the court shall waive such fee or fees and the cost of service of process shall be paid by the state.
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45	45	This act shall take effect as follows and shall amend the following sections:
46	46	Section 1 October 1, 2012 46b-15(e)
47	47	Sec. 2 October 1, 2012 52-64
48	48	Sec. 3 October 1, 2012 52-259b(a)
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50	50	This act shall take effect as follows and shall amend the following sections:
51	51
52	52	Section 1
53	53
54	54	October 1, 2012
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56	56	46b-15(e)
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58	58	Sec. 2
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60	60	October 1, 2012
61	61
62	62	52-64
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64	64	Sec. 3
65	65
66	66	October 1, 2012
67	67
68	68	52-259b(a)
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70	70	Statement of Purpose:
71	71
72	72	To (1) specify the amount of fees paid by the Judicial Branch to proper officers serving process pursuant to section 46b-15 of the general statutes; (2) reduce the service of process expenditures incurred by the state when an incarcerated person files a cause of action against the state or a state entity; and (3) provide the court with the authority to waive court fees in nonfrivolous matters involving indigent parties.
73	73
74	74	[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.]