CT
Connecticut Senate Bill SB00689

Connecticut 2019 Regular Session

Connecticut Senate Bill SB00689 Compare Versions

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22
3-LCO No. 6175 1 of 4
3+LCO No. 2872 1 of 1
44
5-General Assembly Committee Bill No. 689
5+General Assembly Proposed Bill No. 689
66 January Session, 2019
7-LCO No. 6175
7+LCO No. 2872
88
99
1010 Referred to Committee on JUDICIARY
1111
1212
1313 Introduced by:
14-(JUD)
14+SEN. LOONEY, 11th Dist.
15+SEN. DUFF, 25th Dist.
16+SEN. FONFARA, 1st Dist.
17+SEN. MCCRORY, 2nd Dist.
18+SEN. CASSANO, 4th Dist.
19+SEN. LESSER, 9th Dist.
20+SEN. COHEN, 12th Dist.
21+SEN. ABRAMS, 13th Dist.
22+SEN. MARONEY, 14th Dist.
23+SEN. MOORE, 22nd Dist.
24+SEN. BRADLEY, 23rd Dist.
25+SEN. KUSHNER, 24th Dist.
26+SEN. HASKELL, 26th Dist.
27+SEN. FLEXER, 29th Dist.
28+SEN. NEEDLEMAN, 33rd Dist.
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1731
18-AN ACT CONCERNING TH E ISSUANCE OF EX PARTE RESTRAINING
19-ORDERS.
32+AN ACT CONCERNING THE TOLLING OF TEMPORARY
33+RESTRAINING ORDERS.
2034 Be it enacted by the Senate and House of Representatives in General
2135 Assembly convened:
2236
23-Section 1. Subsection (b) of section 46b-15 of the general statutes is 1
24-repealed and the following is substituted in lieu thereof (Effective 2
25-October 1, 2019): 3
26-(b) The application form shall allow the applicant, at the applicant's 4
27-option, to indicate whether the respondent holds a permit to carry a 5
28-pistol or revolver, an eligibility certificate for a pistol or revolver, a 6
29-long gun eligibility certificate or an ammunition certificate or possesses 7
30-one or more firearms or ammunition. The application shall be 8
31-accompanied by an affidavit made under oath which includes a brief 9
32-statement of the conditions from which relief is sought. Upon receipt 10
33-of the application the court shall order that a hearing on the 11
34-application be held not later than fourteen days from the date of the 12
35-order except that, if the application indicates that the respondent holds 13
36-a permit to carry a pistol or revolver, an eligibility certificate for a 14
37-pistol or revolver, a long gun eligibility certificate or an ammunition 15
38-certificate or possesses one or more firearms or ammunition, and the 16
39-Committee Bill No. 689
40-
41-
42-LCO No. 6175 2 of 4
43-
44-court orders an ex parte order, the court shall order that a hearing be 17
45-held on the application not later than seven days from the date on 18
46-which the ex parte order is issued. The court, in its discretion, may 19
47-make such orders as it deems appropriate for the protection of the 20
48-applicant and such dependent children or other persons as the court 21
49-sees fit. In making such orders ex parte, the court, in its discretion, may 22
50-consider relevant court records if the records are available to the public 23
51-from a clerk of the Superior Court or on the Judicial Branch's Internet 24
52-web site. In addition, at the time of the hearing, the court, in its 25
53-discretion, may also consider a report prepared by the family services 26
54-unit of the Judicial Branch that may include, as available: Any existing 27
55-or prior orders of protection obtained from the protection order 28
56-registry; information on any pending criminal case or past criminal 29
57-case in which the respondent was convicted of a violent crime; any 30
58-outstanding arrest warrant for the respondent; and the respondent's 31
59-level of risk based on a risk assessment tool utilized by the Court 32
60-Support Services Division. The report may also include information 33
61-pertaining to any pending or disposed family matters case involving 34
62-the applicant and respondent. Any report provided by the Court 35
63-Support Services Division to the court shall also be provided to the 36
64-applicant and respondent. Such orders may include temporary child 37
65-custody or visitation rights, and such relief may include, but is not 38
66-limited to, an order enjoining the respondent from (1) imposing any 39
67-restraint upon the person or liberty of the applicant; (2) threatening, 40
68-harassing, assaulting, molesting, sexually assaulting or attacking the 41
69-applicant; or (3) entering the family dwelling or the dwelling of the 42
70-applicant. Such order may include provisions necessary to protect any 43
71-animal owned or kept by the applicant including, but not limited to, an 44
72-order enjoining the respondent from injuring or threatening to injure 45
73-such animal. If an applicant alleges an immediate and present physical 46
74-danger to the applicant or that the respondent could pose a physical 47
75-danger to the applicant prior to the opportunity for a hearing, the court 48
76-may issue an ex parte order granting such relief as it deems 49
77-appropriate. If a postponement of a hearing on the application is 50
78-Committee Bill No. 689
79-
80-
81-LCO No. 6175 3 of 4
82-
83-requested by either party and granted, the ex parte order shall not be 51
84-continued except upon agreement of the parties or by order of the 52
85-court for good cause shown. If a hearing on the application is 53
86-scheduled or an ex parte order is granted and the court is closed on the 54
87-scheduled hearing date, the hearing shall be held on the next day the 55
88-court is open and any such ex parte order shall remain in effect until 56
89-the date of such hearing. If the applicant is under eighteen years of age, 57
90-a parent, guardian or responsible adult who brings the application as 58
91-next friend of the applicant may not speak on the applicant's behalf at 59
92-such hearing unless there is good cause shown as to why the applicant 60
93-is unable to speak on his or her own behalf, except that nothing in this 61
94-subsection shall preclude such parent, guardian or responsible adult 62
95-from testifying as a witness at such hearing. As used in this subsection, 63
96-"violent crime" includes: (A) An incident resulting in physical harm, 64
97-bodily injury or assault; (B) an act of threatened violence that 65
98-constitutes fear of imminent physical harm, bodily injury or assault, 66
99-including, but not limited to, stalking or a pattern of threatening; (C) 67
100-verbal abuse or argument if there is a present danger and likelihood 68
101-that physical violence will occur; and (D) cruelty to animals as set forth 69
102-in section 53-247. 70
103-This act shall take effect as follows and shall amend the following
104-sections:
105-
106-Section 1 October 1, 2019 46b-15(b)
107-
37+That the general statutes be amended to require that any period of 1
38+incarceration for the respondent of a temporary restraining order be 2
39+excluded from any calculation determining the period of time for 3
40+which the order is in effect and that such order shall be continued 4
41+upon the release from custody of the respondent. 5
10842 Statement of Purpose:
109-To permit the court to issue ex parte restraining orders when the
110-respondent could pose a physical danger to the applicant prior to the
111-opportunity for a hearing.
112-[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
113-except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
114-not underlined.]
115-
116-Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. DUFF, 25th Dist.
117-SEN. FONFARA, 1st Dist.; SEN. MCCRORY, 2nd Dist.
118-SEN. CASSANO, 4th Dist.; SEN. LESSER, 9th Dist.
119-SEN. COHEN, 12th Dist.; SEN. ABRAMS, 13th Dist.
120-Committee Bill No. 689
121-
122-
123-LCO No. 6175 4 of 4
124-
125-SEN. MARONEY, 14th Dist.; SEN. MOORE, 22nd Dist.
126-SEN. BRADLEY, 23rd Dist.; SEN. KUSHNER, 24th Dist.
127-SEN. HASKELL, 26th Dist.; SEN. FLEXER, 29th Dist.
128-SEN. NEEDLEMAN, 33rd Dist.; REP. ELLIOTT, 88th Dist.
129-
130-S.B. 689
131-
132-
43+To provide that the time for which a temporary restraining order is in
44+effect does not toll during any period for which the respondent is held
45+in custody.