Connecticut 2013 Regular Session

Connecticut House Bill HB06569 Compare Versions

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

Old	New	Differences
1	1	General Assembly Raised Bill No. 6569
2	2	January Session, 2013 LCO No. 3876
3	3	03876_______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. 6569
11	11
12	12	January Session, 2013
13	13
14	14	LCO No. 3876
15	15
16	16	03876_______JUD
17	17
18	18	Referred to Committee on JUDICIARY
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING CIVIL ACTIONS AND SUBPOENAS FILED TO HARASS AN INDIVIDUAL OR AFTER NUMEROUS ACTIONS AGAINST THE INDIVIDUAL HAVE BEEN DISMISSED.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. (NEW) (Effective October 1, 2013) (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.
29	29
30	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.
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32	32	(3) Such certificate shall include a detailed basis for the formation of such opinion.
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34	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 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.
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36	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, and "civil action" does not include a habeas corpus proceeding.
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38	38	Sec. 2. (NEW) (Effective October 1, 2013) (a) A party in a civil matter, except 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.
39	39
40	40	(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, except a habeas corpus proceeding, unless a court authorizes the issuance of such subpoena in accordance with subsection (c) of this section.
41	41
42	42	(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.
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47	47	This act shall take effect as follows and shall amend the following sections:
48	48	Section 1 October 1, 2013 New section
49	49	Sec. 2 October 1, 2013 New section
50	50
51	51	This act shall take effect as follows and shall amend the following sections:
52	52
53	53	Section 1
54	54
55	55	October 1, 2013
56	56
57	57	New section
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59	59	Sec. 2
60	60
61	61	October 1, 2013
62	62
63	63	New section
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65	65	Statement of Purpose:
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67	67	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.
68	68
69	69	[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.]