Substitute Senate Bill No. 363
Public Act No. 21-128
AN ACT CONCERNING THE AUTHORITY 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
investigate the facts and circumstances concerning any alleged violation
of section 53a-181j, 53a-181k or 53a-181l of the general statutes, and in
connection with such investigation, issue subpoenas and written
interrogatories in the same manner and to the same extent as is provided
in section 35-42 of the general statutes. No information obtained
pursuant to the provisions of this subsection may be used in a criminal
proceeding.
(b) If the Attorney General finds that a person has committed an act
that constitutes a violation of section 53a-181j, 53a-181k or 53a-181l of
the general statutes, the Attorney General may bring a civil action in the
superior court for the judicial district in which such act occurred in the
name of the state against such person.
(c) In any such action, the Attorney General may obtain, for the
benefit of a person adversely affected by a violation of section 53a-181j,
53a-181k or 53a-181l of the general statutes, any relief to which such
person may be entitled by law, including treble damages; a civil penalty Substitute Senate Bill No. 363
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not to exceed two thousand five hundred dollars, per violation,
provided such violation has been established by clear and convincing
evidence; and declaratory, injunctive or equitable relief that the
Attorney General determines is necessary to vindicate the public's
interests. Any civil penalty that is received pursuant to this subsection
shall be deposited in the General Fund.
(d) Nothing in this section shall limit the right of a person adversely
affected by a violation of section 53a-181j, 53a-181k or 53a-181l of the
general statutes to bring an action under section 52-571c of the general
statutes or any other law that may entitle such person to relief, except
that the Attorney General shall not bring an action under the provisions
of this section during the pendency of a matter involving the same
parties and the same alleged facts and circumstances before the
Commission on Human Rights and Opportunities.
(e) Nothing in this section shall permit the Attorney General to assert
any claim against a state agency or a state officer or state employee in
such officer's or employee's official capacity, regarding actions or
omissions of such state agency, state officer or state employee. If the
Attorney General determines that a state officer or state employee is not
entitled to indemnification under section 5-141d of the general statutes,
the Attorney General may, as relates to such officer or employee, take
any action authorized under this section.
Sec. 2. (NEW) (Effective July 1, 2021) (a) The Attorney General may
investigate, intervene in or bring a civil or administrative action in the
name of the state, seeking injunctive or declaratory relief, damages, and
any other relief that may be available under law, whenever any person
is or has engaged in a practice or pattern of conduct that:
(1) Subjects, or causes to be subjected, other persons to the
deprivation of any rights, privileges or immunities secured by the
constitutions or laws of this state or the United States; or Substitute Senate Bill No. 363
Public Act No. 21-128 3 of 4
(2) Interferes, or attempts to interfere, by threats, intimidation or
coercion, with the exercise or enjoyment by other persons of any rights,
privileges or immunities secured by the constitutions or laws of this
state or the United States.
(b) In conducting any investigation under this section, the Attorney
General may issue subpoenas and interrogatories, and otherwise gather
information, in the same manner and to the same extent as is provided
in section 35-42 of the general statutes. No information obtained
pursuant to the provisions of this subsection may be used in a criminal
proceeding.
(c) If the Attorney General prevails in a civil action brought pursuant
to this section, the court shall order the distribution of any award of
damages to the injured person. In a matter involving the interference or
attempted interference with any right protected by the constitutions of
this state or the United States, the court may also award civil penalties
against each defendant in an amount not exceeding two thousand five
hundred dollars for each violation, provided such violation has been
established by clear and convincing evidence. Any civil penalty that is
received pursuant to this subsection shall be deposited in the General
Fund.
(d) In lieu of bringing a civil action under this section, the Attorney
General may accept an assurance of the discontinuance of any allegedly
unlawful or unconstitutional practice from any person engaged in such
practice. Thereafter, any evidence of a violation of such assurance shall
constitute prima facie proof of violation of the applicable law or right in
any action commenced by the Attorney General.
(e) Nothing in this section shall limit the right of a person adversely
affected by a violation of chapter 814c of the general statutes to file a
complaint with the Commission on Human Rights and Opportunities. Substitute Senate Bill No. 363
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(f) Nothing in this section shall limit the jurisdiction of the
Commission on Human Rights and Opportunities under chapter 814c
of the general statutes.
(g) The Attorney General shall not bring an action under the
provisions of this section during the pendency of a matter involving the
same parties and the same alleged facts and circumstances before the
Commission on Human Rights and Opportunities.
(h) Nothing in this section shall permit the Attorney General to bring
an action that would otherwise be barred under the applicable statute
of limitations or repose.
(i) The Attorney General shall post on the Attorney General's Internet
web site information on how to properly file a complaint with the
Commission on Human Rights and Opportunities. The Attorney
General may, as appropriate, refer cases to the Commission on Human
Rights and Opportunities.
(j) Nothing in this section shall permit the Attorney General to assert
any claim against a state agency or a state officer or state employee in
such officer's or employee's official capacity, regarding actions or
omissions of such state agency, state officer or state employee. If the
Attorney General determines that a state officer or state employee is not
entitled to indemnification under section 5-141d of the general statutes,
the Attorney General may, as relates to such officer or employee, take
any action authorized under this section.