Researcher: MK Page 1 4/14/21
OLR Bill Analysis
sSB 363
AN ACT CONCERNING THE DUTIES OF THE OFFICE OF THE
ATTORNEY GENERAL.
SUMMARY
This bill expands the attorney general’s powers to include (1)
investigating allegations of certain hate crimes and civil rights
violations; (2) initiating related legal proceedings, with certain
exceptions; and (3) seeking relief for the affected person. When
conducting investigations, the attorney general may issue subpoenas
and interrogatories consistent with how he investigates Connecticut
Antitrust Act violations. But the bill prohibits information obtained
from these investigations from being used in any criminal proceeding.
The bill also establishes a civil penalty of up to $2,500 for each hate
crime or civil rights violation that is established by clear and
convincing evidence. It requires all penalties received to be deposited
in the General Fund.
Under the bill, the person affected by the hate crime or civil rights
violation retains the right to bring civil action in court and to file a
Commission on Human Rights and Opportunities (CHRO) complaint.
However, the bill prohibits the attorney general from bringing an
action concurrent with a case before CHRO that involves the same
parties and alleged facts and circumstances.
The bill also specifies that its civil rights provision does not limit
CHRO’s jurisdiction, and it authorizes the attorney general to refer
cases to CHRO as appropriate. It also requires the attorney general to
post information on the office's website about properly filing a CHRO
complaint.
EFFECTIVE DATE: July 1, 2021 2021SB-00363-R000443-BA.DOCX
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APPLICABILITY
The bill applies to allegations of:
1. 1
st
, 2
nd
, or 3
rd
degree intimidation based on bigotry or bias
(commonly called “hate crimes”) (see BACKGROUND);
2. conduct that subjects someone, or causes him or her to be
subject, to the deprivation of any rights, privileges, or
immunities secured by the U.S. or state constitutions or laws; or
3. conduct that interferes, or attempts to interfere, by threats,
intimidation, or coercion, with another individual’s exercise or
enjoyment of any rights, privileges, or immunities secured by
the U.S. or Connecticut constitutions or laws.
HATE CRIMES
Civil Action in the State’s Name
Under the bill, if the attorney general finds that a person has
committed a hate crime, he may bring a civil action in the state’s name
against the person in the Superior Court for the judicial district where
the act occurred.
Relief
The bill allows the attorney general to obtain any relief that the
affected person may be entitled to by law. This includes treble
damages; a civil penalty of up to $2,500 per violation, provided the
violation is 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 received must be deposited in the General Fund.
CIVIL RIGHTS VIOLATIONS
Civil or Administrative Action in the State’s Name
The bill allows the attorney general to investigate, intervene in, or
bring a civil or administrative action in the state’s name seeking
injunctive or declaratory relief, damages, and any other relief that may
be available under law, whenever any person is engaged in conduct 2021SB-00363-R000443-BA.DOCX
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that violates another person’s civil rights as described above.
However, the bill prohibits the attorney general from bringing an
action for a civil rights violation that would otherwise be barred under
the applicable statute of limitations or repose.
Relief
Under the bill, if the attorney general prevails in such a civil action,
the court must order the distribution of any award of damages to the
injured person. In a case involving the interference or attempted
interference with a right protected by the U.S. or state constitution, the
court may also impose civil penalties against each defendant for up to
$2,500 per violation, provided the violation is established by clear and
convincing evidence. Any civil penalty received must be deposited in
the General Fund.
Assurance of Discontinuance
In lieu of bringing a civil action, the bill allows the attorney general
to accept an assurance of the discontinuance of any allegedly unlawful
or unconstitutional practice from anyone engaged in the practice.
Under the bill, any evidence of a violation of the assurance constitutes
prima facie proof of violation of the applicable law or right in any
action the attorney general commences.
BACKGROUND
Hate Crimes
The crimes of 1
st
, 2
nd
, and 3
rd
degree intimidation based on bigotry
or bias address certain actions that intimidate or harass another person
because of his or her actual or perceived race, religion, ethnicity,
disability, sex, sexual orientation, or gender identity or expression.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 27 Nay 10 (03/29/2021)