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General Assembly Substitute Bill No. 363
January Session, 2021
AN ACT CONCERNING TH E DUTIES OF THE OFFICE OF THE
ATTORNEY GENERAL.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) (a) The Attorney General may 1
investigate the facts and circumstances concerning any alleged violation 2
of section 53a-181j, 53a-181k or 53a-181l of the general statutes, and in 3
connection with such investigation, issue subpoenas and written 4
interrogatories in the same manner and to the same extent as is provided 5
in section 35-42 of the general statutes. No information obtained 6
pursuant to the provisions of this subsection may be used in a criminal 7
proceeding. 8
(b) If the Attorney General finds that a person has committed an act 9
that constitutes a violation of section 53a-181j, 53a-181k or 53a-181l of 10
the general statutes, the Attorney General may bring a civil action in the 11
superior court for the judicial district in which such act occurred in the 12
name of the state against such person. 13
(c) In any such action, the Attorney General may obtain, for the 14
benefit of a person adversely affected by a violation of section 53a-181j, 15
53a-181k or 53a-181l of the general statutes, any relief to which such 16
person may be entitled by law, including treble damages; a civil penalty 17
not to exceed two thousand five hundred dollars, per violation, 18 Substitute Bill No. 363
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provided such violation has been established by clear and convincing 19
evidence; and declaratory, injunctive or equitable relief that the 20
Attorney General determines is necessary to vindicate the public's 21
interests. Any civil penalty that is received pursuant to this subsection 22
shall be deposited in the General Fund. 23
(d) Nothing in this section shall limit the right of a person adversely 24
affected by a violation of section 53a-181j, 53a-181k or 53a-181l of the 25
general statutes to bring an action under section 52-571c of the general 26
statutes or any other law that may entitle such person to relief, except 27
that the Attorney General shall not bring an action under the provisions 28
of this section during the pendency of a matter involving the same 29
parties and the same alleged facts and circumstances before the 30
Commission on Human Rights and Opportunities. 31
Sec. 2. (NEW) (Effective July 1, 2021) (a) The Attorney General may 32
investigate, intervene in or bring a civil or administrative action in the 33
name of the state, seeking injunctive or declaratory relief, damages, and 34
any other relief that may be available under law, whenever any person 35
is or has engaged in a practice or pattern of conduct that: 36
(1) Subjects, or causes to be subjected, other persons to the 37
deprivation of any rights, privileges or immunities secured by the 38
constitutions or laws of this state or the United States; or 39
(2) Interferes, or attempts to interfere, by threats, intimidation or 40
coercion, with the exercise or enjoyment by other persons of any rights, 41
privileges or immunities secured by the constitutions or laws of this 42
state or the United States. 43
(b) In conducting any investigation under this section, the Attorney 44
General may issue subpoenas and interrogatories, and otherwise gather 45
information, in the same manner and to the same extent as is provided 46
in section 35-42 of the general statutes. No information obtained 47
pursuant to the provisions of this subsection may be used in a criminal 48
proceeding. 49 Substitute Bill No. 363
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(c) If the Attorney General prevails in a civil action brought pursuant 50
to this section, the court shall order the distribution of any award of 51
damages to the injured person. In a matter involving the interference or 52
attempted interference with any right protected by the constitutions of 53
this state or the United States, the court may also award civil penalties 54
against each defendant in an amount not exceeding two thousand five 55
hundred dollars for each violation, provided such violation has been 56
established by clear and convincing evidence. Any civil penalty that is 57
received pursuant to this subsection shall be deposited in the General 58
Fund. 59
(d) In lieu of bringing a civil action under this section, the Attorney 60
General may accept an assurance of the discontinuance of any allegedly 61
unlawful or unconstitutional practice from any person engaged in such 62
practice. Thereafter, any evidence of a violation of such assurance shall 63
constitute prima facie proof of violation of the applicable law or right in 64
any action commenced by the Attorney General. 65
(e) Nothing in this section shall limit the right of a person adversely 66
affected by a violation of chapter 814c of the general statutes to file a 67
complaint with the Commission on Human Rights and Opportunities. 68
(f) Nothing in this section shall limit the jurisdiction of the 69
Commission on Human Rights and Opportunities under chapter 814c 70
of the general statutes. 71
(g) The Attorney General shall not bring an action under the 72
provisions of this section during the pendency of a matter involving the 73
same parties and the same alleged facts and circumstances before the 74
Commission on Human Rights and Opportunities. 75
(h) Nothing in this section shall permit the Attorney General to bring 76
an action that would otherwise be barred under the applicable statute 77
of limitations or repose. 78
(i) The Attorney General shall post on the Attorney General's Internet 79
web site information on how to properly file a complaint with the 80 Substitute Bill No. 363
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Commission on Human Rights and Opportunities. The Attorney 81
General may, as appropriate, refer cases to the Commission on Human 82
Rights and Opportunities. 83
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 New section
Sec. 2 July 1, 2021 New section
Statement of Legislative Commissioners:
The first sentence of Section 2 (i) was rewritten for clarity.
JUD Joint Favorable Subst. -LCO