| 27 | | - | Section 1. Section 54-240 of the general statutes is repealed and the 1 |
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| 28 | | - | following is substituted in lieu thereof (Effective October 1, 2021): 2 |
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| 29 | | - | As used in this chapter and section 3 of this act: 3 |
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| 30 | | - | (1) "Address confidentiality program" or "program" means the 4 |
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| 31 | | - | program established pursuant to this chapter; 5 |
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| 32 | | - | (2) "Agency" has the same meaning as "public agency" or "agency", as 6 |
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| 33 | | - | provided in section 1-200; 7 |
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| 34 | | - | (3) "Application assistant" means a person authorized by the 8 |
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| 35 | | - | Secretary of the State to assist applicants in the completion of 9 |
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| 36 | | - | applications for program participation; 10 |
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| 37 | | - | (4) "Authorized personnel" means an employee in the office of the 11 |
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| 38 | | - | Secretary of the State who has been designated by the Secretary of the 12 |
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| 39 | | - | Committee Bill No. 6212 |
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| 40 | | - | |
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| 41 | | - | |
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| 42 | | - | LCO No. 4424 2 of 6 |
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| 43 | | - | |
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| 44 | | - | State, or an employee of an agency who has been designated by the chief 13 |
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| 45 | | - | executive officer of such agency, to process and have access to records 14 |
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| 46 | | - | pertaining to a program participant, including, but not limited to, voter 15 |
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| 47 | | - | registration applications, voting records and marriage records; 16 |
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| 48 | | - | (5) "Certification card" means a card issued by the Secretary of the 17 |
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| 49 | | - | State pursuant to section 54-240d; 18 |
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| 50 | | - | (6) "Confidential address" means a program participant's address or 19 |
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| 51 | | - | addresses as listed on such participant's application for program 20 |
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| 52 | | - | participation that are not to be disclosed, including such participant's 21 |
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| 53 | | - | residential address in this state and work and school addresses in this 22 |
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| 54 | | - | state, if any; 23 |
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| 55 | | - | (7) "Family violence" has the same meaning as provided in section 24 |
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| 56 | | - | 46b-38a; 25 |
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| 57 | | - | (8) "Injury or risk of injury to a child" means any act or conduct that 26 |
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| 58 | | - | constitutes a violation of section 53-21; 27 |
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| 59 | | - | (9) "Law enforcement agency" means the office of the Attorney 28 |
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| 60 | | - | General, the office of the Chief State's Attorney, the Division of State 29 |
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| 61 | | - | Police within the Department of Emergency Services and Public 30 |
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| 62 | | - | Protection or any municipal police department; 31 |
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| 63 | | - | (10) "Marriage records" means an application for a marriage license, 32 |
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| 64 | | - | an issued marriage license, a license certificate or other documents 33 |
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| 65 | | - | related thereto; 34 |
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| 66 | | - | (11) "Program address" means the post office box number and 35 |
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| 67 | | - | fictitious street address assigned to a program participant by the 36 |
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| 68 | | - | Secretary of the State; 37 |
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| 69 | | - | (12) "Program participant" or "participant" means any person 38 |
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| 70 | | - | certified by the Secretary of the State to participate in the address 39 |
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| 71 | | - | confidentiality program; 40 |
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| 72 | | - | Committee Bill No. 6212 |
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| 73 | | - | |
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| 74 | | - | |
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| 75 | | - | LCO No. 4424 3 of 6 |
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| 76 | | - | |
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| 77 | | - | (13) "Protected person" means a person named as a protected person 41 |
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| 78 | | - | in a protective or restraining order issued by a court of this state, 42 |
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| 79 | | - | including, but not limited to, an order issued pursuant to sections 46b-43 |
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| 80 | | - | 15, 46b-16a, 46b-38c, 53a-40e and 54-1k; 44 |
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| 81 | | - | [(13)] (14) "Record" has the same meaning as "public records or files" 45 |
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| 82 | | - | as provided in section 1-200; 46 |
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| 83 | | - | [(14)] (15) "Sexual assault" means any act that constitutes a violation 47 |
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| 84 | | - | of section 53a-70b of the general statutes, revision of 1958, revised to 48 |
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| 85 | | - | January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 49 |
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| 86 | | - | 53a-73a; and 50 |
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| 87 | | - | [(15)] (16) "Stalking" means any act that constitutes a violation of 51 |
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| 88 | | - | section 53a-181c, 53a-181d or 53a-181e. 52 |
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| 89 | | - | Sec. 2. Section 54-240c of the general statutes is repealed and the 53 |
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| 90 | | - | following is substituted in lieu thereof (Effective October 1, 2021): 54 |
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| 91 | | - | The Secretary of the State shall certify an applicant or the person on 55 |
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| 92 | | - | whose behalf an application is made as a program participant if the 56 |
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| 93 | | - | application is filed in the manner and on the application form prescribed 57 |
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| 94 | | - | by the Secretary of the State and includes: 58 |
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| 95 | | - | (1) A statement made under penalty of false statement, as provided 59 |
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| 96 | | - | in section 53a-157b, that (A) the applicant or the person on whose behalf 60 |
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| 97 | | - | the application is made is a victim of family violence, injury or risk of 61 |
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| 98 | | - | injury to a minor, sexual assault or stalking or is a protected person, and 62 |
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| 99 | | - | (B) the applicant fears for the applicant's safety, for the safety of the 63 |
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| 100 | | - | applicant's children, for the safety of the person on whose behalf the 64 |
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| 101 | | - | application is made, or for the safety of the children of the person on 65 |
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| 102 | | - | whose behalf the application is made; 66 |
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| 103 | | - | (2) Documentation supporting the statement made pursuant to 67 |
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| 104 | | - | subdivision (1) of this section; 68 |
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| 105 | | - | (3) A designation of the Secretary of the State as the agent of the 69 |
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| 106 | | - | Committee Bill No. 6212 |
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| 107 | | - | |
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| 108 | | - | |
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| 109 | | - | LCO No. 4424 4 of 6 |
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| 110 | | - | |
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| 111 | | - | applicant or the person on whose behalf the application is made for 70 |
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| 112 | | - | service of process and for receipt of first class mail; 71 |
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| 113 | | - | (4) The residential address in this state, the work and school 72 |
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| 114 | | - | addresses in this state, if any, and the phone number or numbers, if 73 |
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| 115 | | - | available, that are to remain confidential, but which may be used by the 74 |
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| 116 | | - | Secretary of the State or authorized personnel to contact the applicant 75 |
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| 117 | | - | or the person on whose behalf the application is made; and 76 |
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| 118 | | - | (5) The application preparation date, the applicant's signature and the 77 |
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| 119 | | - | signature of the application assistant who assisted the applicant in 78 |
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| 120 | | - | completing the application. 79 |
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| 121 | | - | Sec. 3. (NEW) (Effective October 1, 2021) (a) A program participant 80 |
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| 122 | | - | who is a protected person may request a municipality to either use such 81 |
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| 123 | | - | person's program address in lieu of the participant's residential address 82 |
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| 124 | | - | or to leave the address blank on any online version of a municipal record 83 |
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| 125 | | - | concerning the program participant by appearing in person and 84 |
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| 126 | | - | presenting the participant's certification card to the town clerk. Upon 85 |
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| 127 | | - | receiving such request, the town clerk shall (1) list the program 86 |
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| 128 | | - | participant's program address or list the participant by name only in all 87 |
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| 129 | | - | online records that the town clerk has custody or supervision over, and 88 |
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| 130 | | - | (2) transmit such request to any other applicable municipal official or 89 |
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| 131 | | - | employee to ensure that all other online municipal records, other than 90 |
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| 132 | | - | those described in subsection (d) of this section, are so redacted. Such 91 |
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| 133 | | - | online records shall remain redacted until the expiration of the program 92 |
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| 134 | | - | participant's certification, provided it is not renewed under section 54-93 |
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| 135 | | - | 240j of the general statutes, or until the municipal official receives notice 94 |
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| 136 | | - | from the Secretary of the State that the certification has been cancelled 95 |
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| 137 | | - | under section 54-240k of the general statutes, as amended by this act, 96 |
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| 138 | | - | whichever is earlier. The town clerk and other applicable officials may 97 |
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| 139 | | - | make the original records or physical copies of such records that are not 98 |
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| 140 | | - | online available for inspection or copying. 99 |
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| 141 | | - | (b) Each town clerk shall establish procedures for the posting of land 100 |
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| 142 | | - | records online to comply with the provisions of this section. Such 101 |
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| 143 | | - | Committee Bill No. 6212 |
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| 144 | | - | |
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| 145 | | - | |
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| 146 | | - | LCO No. 4424 5 of 6 |
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| 147 | | - | |
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| 148 | | - | procedures shall provide public notice of the existence of online land 102 |
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| 149 | | - | records that may have been redacted in accordance with the provisions 103 |
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| 150 | | - | of this section. 104 |
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| 151 | | - | (c) The town clerk may notify the Secretary of the State of a request 105 |
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| 152 | | - | for address confidentiality made under this section and request the 106 |
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| 153 | | - | Secretary to inform the town clerk of any subsequent cancellation of the 107 |
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| 154 | | - | certification under section 54-240k of the general statutes, as amended 108 |
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| 155 | | - | by this act. 109 |
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| 156 | | - | (d) The provisions of this section shall not apply to marriage records 110 |
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| 157 | | - | or voter registry lists, which shall be subject to the provisions of sections 111 |
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| 158 | | - | 54-240f and 54-240g of the general statutes. 112 |
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| 159 | | - | Sec. 4. Subdivision (1) of subsection (d) of section 54-240k of the 113 |
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| 160 | | - | general statutes is repealed and the following is substituted in lieu 114 |
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| 161 | | - | thereof (Effective October 1, 2021): 115 |
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| 162 | | - | (d) (1) The Secretary of the State shall notify in writing the authorized 116 |
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| 163 | | - | personnel of the appropriate agency when a participant's certification in 117 |
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| 164 | | - | the program has been cancelled, including, but not limited to, a town 118 |
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| 165 | | - | clerk who has requested such notice under section 3 of this act. After 119 |
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| 166 | | - | receipt of such notice, the agency shall not be responsible for 120 |
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| 167 | | - | maintaining the confidentiality of the record or address of a program 121 |
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| 168 | | - | participant whose certification has been cancelled. 122 |
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| 169 | | - | This act shall take effect as follows and shall amend the following |
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| 170 | | - | sections: |
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| 171 | | - | |
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| 172 | | - | Section 1 October 1, 2021 54-240 |
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| 173 | | - | Sec. 2 October 1, 2021 54-240c |
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| 174 | | - | Sec. 3 October 1, 2021 New section |
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| 175 | | - | Sec. 4 October 1, 2021 54-240k(d)(1) |
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| 176 | | - | |
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| 28 | + | That chapter 14 of the general statutes be amended to authorize the 1 |
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| 29 | + | removal of addresses of victims of family violence, as defined in section 2 |
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| 30 | + | 46b-38a of the general statutes, from records subject to disclosure under 3 |
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| 31 | + | the Freedom of Information Act. 4 |
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