Researcher: MK Page 1 4/15/21
OLR Bill Analysis
HB 6592
AN ACT CONCERNING THE FILING OF A CIVIL ACTION FOR
MALICIOUS PROSECUTION.
SUMMARY
This bill extends the statute of limitations for malicious prosecution
actions. By law, these tort actions must be brought within three years
from the date of the act or omission complained of (CGS § 52-577).
Regardless of the existing law, the bill instead begins the three-year
statute of limitations from the date the criminal proceeding that is the
subject of the malicious prosecution action ends. In doing so, the bill
provides additional time for an aggrieved criminal defender to bring a
civil action against the person who falsely prosecuted him or her.
A person commits “malicious prosecution” when he or she falsely
prosecutes another person for any criminal charge, without probable
cause and with malicious intent unjustly to vex and trouble the other
person. Offenders must be fined up to $100 or imprisoned up to one
year (CGS § 53-39).
EFFECTIVE DATE: July 1, 2021, and applicable to any cause of
action arising from a criminal proceeding terminating prior to, on, or
after that date.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 36 Nay 0 (03/29/2021)