General Assembly Raised Bill No. 6678
January Session, 2013 LCO No. 4826
*04826_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6678
January Session, 2013
LCO No. 4826
*04826_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE SERVICE OF A CAPIAS MITTIMUS IN A CHILD SUPPORT ENFORCEMENT MATTER.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (8) of subsection (a) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(8) Failure of any defendant to obey an order of the court or Family Support Magistrate Division made under this section may be punished as contempt of court. If the summons and order is signed by a commissioner of the Superior Court, upon proof of service of the summons to appear in court or before a family support magistrate and upon the failure of the defendant to appear at the time and place named for hearing upon the petition, request may be made by the petitioner to the court or family support magistrate for an order that a capias mittimus be issued. Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant to obey the court order as contempt of court, the court or the family support magistrate may order a capias mittimus to be issued and directed to a judicial marshal to the extent authorized pursuant to section 46b-225, a police officer, as defined in section 7-294a, or any other proper officer to arrest such defendant and bring such defendant before the Superior Court for the contempt hearing. The costs of commitment of any person imprisoned for contempt shall be paid by the state as in criminal cases. When any such defendant is so found in contempt, the court or family support magistrate may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
Sec. 2. Subparagraph (C) of subdivision (8) of subsection (a) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(C) The court, or any judge thereof, or family support magistrate when said court or family support magistrate is not sitting, or a family support magistrate, may require the defendant or defendants to become bound, with sufficient surety, to the state, town or person bringing the complaint, to abide such judgment as may be rendered on such complaint. Failure of the defendant or defendants to obey any order made under this section may be punished as contempt of court and the costs of commitment of any person imprisoned for contempt shall be paid by the state as in criminal cases. Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant or defendants to obey such court order or order of the family support magistrate, the court or family support magistrate may order a capias mittimus be issued and directed to a judicial marshal to the extent authorized pursuant to section 46b-225, a police officer, as defined in section 7-294a, or any other proper officer to arrest such defendant or defendants and bring such defendant or defendants before the Superior Court for the contempt hearing. When any person is found in contempt under this section, the court or family support magistrate may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
Sec. 3. Subdivision (1) of subsection (m) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(1) A family support magistrate in IV-D support cases may compel the attendance of witnesses or the obligor under a summons issued pursuant to section 17b-745, as amended by this act, 46b-172 or 46b-215, as amended by this act, a subpoena issued pursuant to section 52-143, or a citation for failure to obey an order of a family support magistrate or a judge of the Superior Court. If a [person] witness or the obligor is served with any such summons, subpoena or citation issued by a family support magistrate or the assistant clerk of the Family Support Magistrate Division and fails to appear, a family support magistrate may issue a capias mittimus directed to a judicial marshal to the extent authorized pursuant to section 46b-225, as amended by this act, a police officer, as defined in section 7-294a, or any other proper officer to arrest the obligor or the witness and bring the obligor or witness before a family support magistrate. Whenever such a capias mittimus is ordered, the family support magistrate shall establish a recognizance to the state of Connecticut in the form of a bond of such character and amount as to assure the appearance of the obligor at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. If the obligor posts such a bond, and thereafter fails to appear before the family support magistrate at the time and place the obligor is ordered to appear, the family support magistrate may order the bond forfeited, and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.
Sec. 4. (NEW) (Effective July 1, 2013) The Chief Court Administrator, or the Chief Court Administrator's designee, in collaboration with the Commissioners of Social Services and Emergency Services and Public Protection, or their designees, shall develop a means by which a capias mittimus, ordered by the court or a family support magistrate pursuant to section 17b-745, 46b-215 or 46b-231 of the general statutes, as amended by this act, is transmitted to and made accessible on the Connecticut online law enforcement communications teleprocessing system.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 17b-745(a)(8)
Sec. 2 October 1, 2013 46b-215(a)(8)(C)
Sec. 3 October 1, 2013 46b-231(m)(1)
Sec. 4 July 1, 2013 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
17b-745(a)(8)
Sec. 2
October 1, 2013
46b-215(a)(8)(C)
Sec. 3
October 1, 2013
46b-231(m)(1)
Sec. 4
July 1, 2013
New section
Statement of Purpose:
To (1) increase the collection of past due child support by allowing a municipal police officer or a state police officer to serve a capias mittimus ordered by the court or a family support magistrate, and (2) require the Chief Court Administrator to collaborate with the Commissioners of Social Services and Emergency Services and Public Protection in devising a means by which a capias mittimus order is transmitted to and made accessible on the Connecticut online law enforcement communications teleprocessing system.
[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.]