Connecticut 2021 Regular Session

Connecticut Senate Bill SB01091 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 1091
	8	+	January Session, 2021
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4		-	Substitute Senate Bill No. 1091
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6		-	Public Act No. 21-78
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9		-	AN ACT CONCERNING THE DEFINITION OF DOMESTIC
10		-	VIOLENCE, REVISING STATUTES CONCERNING DOMESTIC
11		-	VIOLENCE, CHILD CUSTODY, FAMILY RELATIONS MATTER
12		-	FILINGS AND BIGOTRY OR BIAS CRIMES AND CREATING A
13		-	PROGRAM TO PROVIDE LEGAL COUNSEL TO INDIGENTS IN
14		-	RESTRAINING ORDER CASES.
	14	+	AN ACT CONCERNING TH E DEFINITION OF DOMESTIC VIOLENCE,
	15	+	REVISING STATUTES CO NCERNING DOMESTIC VI OLENCE, CHILD
	16	+	CUSTODY, FAMILY RELATIONS MATTER FIL INGS AND BIGOTRY OR
	17	+	BIAS CRIMES AND CREA TING A PROGRAM TO PR OVIDE LEGAL
	18	+	COUNSEL TO INDIGENTS IN RESTRAINING ORDER CASES.
15	19		Be it enacted by the Senate and House of Representatives in General
16	20		Assembly convened:
17	21
18		-	Section 1. Section 46b-1 of the general statutes is repealed and the
19		-	following is substituted in lieu thereof (Effective from passage):
20		-	(a) Matters within the jurisdiction of the Superior Court deemed to
21		-	be family relations matters shall be matters affecting or involving: (1)
22		-	Dissolution of marriage, contested and uncontested, except dissolution
23		-	upon conviction of crime as provided in section [46b-47] 46b-48; (2) legal
24		-	separation; (3) annulment of marriage; (4) alimony, support, custody
25		-	and change of name incident to dissolution of marriage, legal separation
26		-	and annulment; (5) actions brought under section 46b-15, as amended
27		-	by this act; (6) complaints for change of name; (7) civil support
28		-	obligations; (8) habeas corpus and other proceedings to determine the
29		-	custody and visitation of children; (9) habeas corpus brought by or on
30		-	behalf of any mentally ill person except a person charged with a criminal
31		-	offense; (10) appointment of a commission to inquire whether a person
32		-	is wrongfully confined as provided by section 17a-523; (11) juvenile Substitute Senate Bill No. 1091
	22	+	Section 1. Section 46b-1 of the general statutes is repealed and the 1
	23	+	following is substituted in lieu thereof (Effective October 1, 2021): 2
	24	+	(a) Matters within the jurisdiction of the Superior Court deemed to 3
	25	+	be family relations matters shall be matters affecting or involving: (1) 4
	26	+	Dissolution of marriage, contested and uncontested, except dissolution 5
	27	+	upon conviction of crime as provided in section [46b-47] 46b-48; (2) legal 6
	28	+	separation; (3) annulment of marriage; (4) alimony, support, custody 7
	29	+	and change of name incident to dissolution of marriage, legal separation 8
	30	+	and annulment; (5) actions brought under section 46b-15, as amended 9
	31	+	by this act; (6) complaints for change of name; (7) civil support 10
	32	+	obligations; (8) habeas corpus and other proceedings to determine the 11
	33	+	custody and visitation of children; (9) habeas corpus brought by or on 12
	34	+	behalf of any mentally ill person except a person charged with a criminal 13
	35	+	offense; (10) appointment of a commission to inquire whether a person 14
	36	+	is wrongfully confined as provided by section 17a-523; (11) juvenile 15
	37	+	matters as provided in section 46b-121; (12) all rights and remedies 16 Substitute Bill No. 1091
33	38
34		-	Public Act No. 21-78 2 of 41
35	39
36		-	matters as provided in section 46b-121; (12) all rights and remedies
37		-	provided for in chapter 815j; (13) the establishing of paternity; (14)
38		-	appeals from probate concerning: (A) Adoption or termination of
39		-	parental rights; (B) appointment and removal of guardians; (C) custody
40		-	of a minor child; (D) appointment and removal of conservators; (E)
41		-	orders for custody of any child; and (F) orders of commitment of persons
42		-	to public and private institutions and to other appropriate facilities as
43		-	provided by statute; (15) actions related to prenuptial and separation
44		-	agreements and to matrimonial and civil union decrees of a foreign
45		-	jurisdiction; (16) dissolution, legal separation or annulment of a civil
46		-	union performed in a foreign jurisdiction; (17) custody proceedings
47		-	brought under the provisions of chapter 815p; and (18) all such other
48		-	matters within the jurisdiction of the Superior Court concerning
49		-	children or family relations as may be determined by the judges of said
50		-	court.
51		-	(b) As used in this title, "domestic violence" means: (1) A continuous
52		-	threat of present physical pain or physical injury against a family or
53		-	household member, as defined in section 46b-38a, as amended by this
54		-	act; (2) stalking, including but not limited to, stalking as described in
55		-	section 53a-181d, of such family or household member; (3) a pattern of
56		-	threatening, including but not limited to, a pattern of threatening as
57		-	described in section 53a-62, of such family or household member or a
58		-	third party that intimidates such family or household member; or (4)
59		-	coercive control of such family or household member, which is a pattern
60		-	of behavior that in purpose or effect unreasonably interferes with a
61		-	person's free will and personal liberty. "Coercive control" includes, but
62		-	is not limited to, unreasonably engaging in any of the following:
63		-	(A) Isolating the family or household member from friends, relatives
64		-	or other sources of support;
65		-	(B) Depriving the family or household member of basic necessities; Substitute Senate Bill No. 1091
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	44	+	provided for in chapter 815j; (13) the establishing of paternity; (14) 17
	45	+	appeals from probate concerning: (A) Adoption or termination of 18
	46	+	parental rights; (B) appointment and removal of guardians; (C) custody 19
	47	+	of a minor child; (D) appointment and removal of conservators; (E) 20
	48	+	orders for custody of any child; and (F) orders of commitment of persons 21
	49	+	to public and private institutions and to other appropriate facilities as 22
	50	+	provided by statute; (15) actions related to prenuptial and separation 23
	51	+	agreements and to matrimonial and civil union decrees of a foreign 24
	52	+	jurisdiction; (16) dissolution, legal separation or annulment of a civil 25
	53	+	union performed in a foreign jurisdiction; (17) custody proceedings 26
	54	+	brought under the provisions of chapter 815p; and (18) all such other 27
	55	+	matters within the jurisdiction of the Superior Court concerning 28
	56	+	children or family relations as may be determined by the judges of said 29
	57	+	court. 30
	58	+	(b) As used in this title, unless the context otherwise requires, 31
	59	+	"domestic violence" means: (1) A continuous threat of present physical 32
	60	+	pain or physical injury against a family or household member, as 33
	61	+	defined in section 46b-38a; (2) stalking, including but not limited to, 34
	62	+	stalking as described in section 53a-181d, of such family or household 35
	63	+	member; (3) a pattern of threatening, including but not limited to, a 36
	64	+	pattern of threatening as described in section 53a-62, of such family or 37
	65	+	household member or a third party with intent to intimidate such family 38
	66	+	or household member; or (4) coercive control of such family or 39
	67	+	household member, which is a pattern of behavior that in purpose or 40
	68	+	effect unreasonably interferes with a person's free will and personal 41
	69	+	liberty. "Coercive control" includes, but is not limited to, unreasonably 42
	70	+	engaging in any of the following: 43
	71	+	(A) Isolating the family or household member from friends, relatives 44
	72	+	or other sources of support; 45
	73	+	(B) Depriving the family or household member of basic necessities; 46
	74	+	(C) Controlling, regulating or monitoring the family or household 47
	75	+	member's movements, communications, daily behavior, finances, 48 Substitute Bill No. 1091
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69		-	(C) Controlling, regulating or monitoring the family or household
70		-	member's movements, communications, daily behavior, finances,
71		-	economic resources or access to services;
72		-	(D) Compelling the family or household member by force, threat or
73		-	intimidation, including, but not limited to, threats based on actual or
74		-	suspected immigration status, to (i) engage in conduct from which such
75		-	family or household member has a right to abstain, or (ii) abstain from
76		-	conduct that such family or household member has a right to pursue;
77		-	(E) Committing or threatening to commit cruelty to animals that
78		-	intimidates the family or household member; or
79		-	(F) Forced sex acts, or threats of a sexual nature, including, but not
80		-	limited to, threatened acts of sexual conduct, threats based on a person's
81		-	sexuality or threats to release sexual images.
82		-	Sec. 2. Section 46b-15 of the general statutes is repealed and the
83		-	following is substituted in lieu thereof (Effective October 1, 2021):
84		-	(a) Any family or household member, as defined in section 46b-38a,
85		-	as amended by this act, who [has been subjected to a continuous threat
86		-	of present physical pain or physical injury, stalking or a pattern of
87		-	threatening, including, but not limited to, a pattern of threatening, as
88		-	described in section 53a-62, by another family or household member] is
89		-	the victim of domestic violence, as defined in section 46b-1, as amended
90		-	by this act, by another family or household member may make an
91		-	application to the Superior Court for relief under this section. The court
92		-	shall provide any person who applies for relief under this section with
93		-	the information set forth in section 46b-15b.
94		-	(b) The application form shall allow the applicant, at the applicant's
95		-	option, to indicate whether the respondent holds a permit to carry a
96		-	pistol or revolver, an eligibility certificate for a pistol or revolver, a long
97		-	gun eligibility certificate or an ammunition certificate or possesses one Substitute Senate Bill No. 1091
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101		-	or more firearms or ammunition. The application shall be accompanied
102		-	by an affidavit made under oath which includes a brief statement of the
103		-	conditions from which relief is sought. Upon receipt of the application
104		-	the court shall order that a hearing on the application be held not later
105		-	than fourteen days from the date of the order except that, if the
106		-	application indicates that the respondent holds a permit to carry a pistol
107		-	or revolver, an eligibility certificate for a pistol or revolver, a long gun
108		-	eligibility certificate or an ammunition certificate or possesses one or
109		-	more firearms or ammunition, and the court orders an ex parte order,
110		-	the court shall order that a hearing be held on the application not later
111		-	than seven days from the date on which the ex parte order is issued. The
112		-	court, in its discretion, may make such orders as it deems appropriate
113		-	for the protection of the applicant and such dependent children or other
114		-	persons as the court sees fit. In making such orders ex parte, the court,
115		-	in its discretion, may consider relevant court records if the records are
116		-	available to the public from a clerk of the Superior Court or on the
117		-	Judicial Branch's Internet web site. In addition, at the time of the
118		-	hearing, the court, in its discretion, may also consider a report prepared
119		-	by the family services unit of the Judicial Branch that may include, as
120		-	available: Any existing or prior orders of protection obtained from the
121		-	protection order registry; information on any pending criminal case or
122		-	past criminal case in which the respondent was convicted of a violent
123		-	crime; any outstanding arrest warrant for the respondent; and the
124		-	respondent's level of risk based on a risk assessment tool utilized by the
125		-	Court Support Services Division. The report may also include
126		-	information pertaining to any pending or disposed family matters case
127		-	involving the applicant and respondent. Any report provided by the
128		-	Court Support Services Division to the court shall also be provided to
129		-	the applicant and respondent. Such orders may include temporary child
130		-	custody or visitation rights, and such relief may include, but is not
131		-	limited to, an order enjoining the respondent from (1) imposing any
132		-	restraint upon the person or liberty of the applicant; (2) threatening,
133		-	harassing, assaulting, molesting, sexually assaulting or attacking the Substitute Senate Bill No. 1091
	82	+	economic resources or access to services; 49
	83	+	(D) Compelling the family or household member by force, threat or 50
	84	+	intimidation, including, but not limited to, threats based on actual or 51
	85	+	suspected immigration status, to (i) engage in conduct from which such 52
	86	+	family or household member has a right to abstain, or (ii) abstain from 53
	87	+	conduct that such family or household member has a right to pursue; 54
	88	+	(E) Committing or threatening to commit cruelty to animals that 55
	89	+	intimidates the applicant; or 56
	90	+	(F) Forced sex acts, or threats of a sexual nature, including, but not 57
	91	+	limited to, threatened acts of sexual conduct, threats based on a person's 58
	92	+	sexuality or threats to release sexual images. 59
	93	+	Sec. 2. Section 46b-15 of the general statutes is repealed and the 60
	94	+	following is substituted in lieu thereof (Effective October 1, 2021): 61
	95	+	(a) Any family or household member, as defined in section 46b-38a, 62
	96	+	who [has been subjected to a continuous threat of present physical pain 63
	97	+	or physical injury, stalking or a pattern of threatening, including, but 64
	98	+	not limited to, a pattern of threatening, as described in section 53a-62, 65
	99	+	by another family or household member] is the victim of domestic 66
	100	+	violence by another family or household member may make an 67
	101	+	application to the Superior Court for relief under this section. The court 68
	102	+	shall provide any person who applies for relief under this section with 69
	103	+	the information set forth in section 46b-15b. As used in this section, 70
	104	+	"domestic violence" means (1) A continuous threat of present physical 71
	105	+	pain or physical injury against the applicant; (2) stalking, including but 72
	106	+	not limited to, stalking as described in section 53a-181d, of the applicant; 73
	107	+	(3) a pattern of threatening, including but not limited to, a pattern of 74
	108	+	threatening as described in section 53a-62, of the applicant or a third 75
	109	+	party with intent to intimidate the applicant; or (4) coercive control of 76
	110	+	the applicant, which is a pattern of behavior that in purpose or effect 77
	111	+	unreasonably interferes with the applicant's free will and personal 78
	112	+	liberty. "Coercive control" includes, but is not limited to, unreasonably 79 Substitute Bill No. 1091
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137		-	applicant; or (3) entering the family dwelling or the dwelling of the
138		-	applicant. Such order may include provisions necessary to protect any
139		-	animal owned or kept by the applicant including, but not limited to, an
140		-	order enjoining the respondent from injuring or threatening to injure
141		-	such animal. If an applicant alleges an immediate and present physical
142		-	danger to the applicant, the court may issue an ex parte order granting
143		-	such relief as it deems appropriate. If a postponement of a hearing on
144		-	the application is requested by either party and granted, the ex parte
145		-	order shall not be continued except upon agreement of the parties or by
146		-	order of the court for good cause shown. If a hearing on the application
147		-	is scheduled or an ex parte order is granted and the court is closed on
148		-	the scheduled hearing date, the hearing shall be held on the next day the
149		-	court is open and any such ex parte order shall remain in effect until the
150		-	date of such hearing. If the applicant is under eighteen years of age, a
151		-	parent, guardian or responsible adult who brings the application as next
152		-	friend of the applicant may not speak on the applicant's behalf at such
153		-	hearing unless there is good cause shown as to why the applicant is
154		-	unable to speak on his or her own behalf, except that nothing in this
155		-	subsection shall preclude such parent, guardian or responsible adult
156		-	from testifying as a witness at such hearing. As used in this subsection,
157		-	"violent crime" includes: (A) An incident resulting in physical harm,
158		-	bodily injury or assault; (B) an act of threatened violence that constitutes
159		-	fear of imminent physical harm, bodily injury or assault, including, but
160		-	not limited to, stalking or a pattern of threatening; (C) verbal abuse or
161		-	argument if there is a present danger and likelihood that physical
162		-	violence will occur; and (D) cruelty to animals as set forth in section 53-
163		-	247.
164		-	(c) If the court issues an ex parte order pursuant to subsection (b) of
165		-	this section and service has not been made on the respondent in
166		-	conformance with subsection (h) of this section, upon request of the
167		-	applicant, the court shall, based on the information contained in the
168		-	original application, extend any ex parte order for an additional period Substitute Senate Bill No. 1091
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	119	+	engaging in any of the following: 80
	120	+	(A) Isolating the applicant from friends, relatives or other sources of 81
	121	+	support; 82
	122	+	(B) Depriving the applicant of basic necessities; 83
	123	+	(C) Controlling, regulating or monitoring the applicant's movements, 84
	124	+	communications, daily behavior, finances, economic resources or access 85
	125	+	to services; 86
	126	+	(D) Compelling the applicant by force, threat or intimidation, 87
	127	+	including threats based on actual or suspected immigration status, to (i) 88
	128	+	engage in conduct from which such applicant has a right to abstain, or 89
	129	+	(ii) abstain from conduct that such applicant has a right to pursue; 90
	130	+	(E) Committing or threatening to commit cruelty to animals that 91
	131	+	intimidates the applicant; or 92
	132	+	(F) Forced sex acts with the applicant, or making threats of a sexual 93
	133	+	nature to the applicant, including, but not limited to, threatened acts of 94
	134	+	sexual conduct, threats based on a person's sexuality or threats to release 95
	135	+	sexual images involving the applicant. 96
	136	+	(b) The application form shall allow the applicant, at the applicant's 97
	137	+	option, to indicate whether the respondent holds a permit to carry a 98
	138	+	pistol or revolver, an eligibility certificate for a pistol or revolver, a long 99
	139	+	gun eligibility certificate or an ammunition certificate or possesses one 100
	140	+	or more firearms or ammunition. The application shall be accompanied 101
	141	+	by [an affidavit made under oath which includes a brief] a statement of 102
	142	+	the conditions from which relief is sought made under penalty of false 103
	143	+	statement pursuant to section 53a-157b. Upon receipt of the application 104
	144	+	the court shall order that a hearing on the application be held not later 105
	145	+	than fourteen days from the date of the order except that, if the 106
	146	+	application indicates that the respondent holds a permit to carry a pistol 107
	147	+	or revolver, an eligibility certificate for a pistol or revolver, a long gun 108
	148	+	eligibility certificate or an ammunition certificate or possesses one or 109 Substitute Bill No. 1091
171	149
172		-	not to exceed fourteen days from the originally scheduled hearing date.
173		-	The clerk shall prepare a new order of hearing and notice containing the
174		-	new hearing date, which shall be served upon the respondent in
175		-	accordance with the provisions of subsection (h) of this section.
176		-	(d) Any ex parte restraining order entered under subsection (b) of this
177		-	section in which the applicant and respondent are spouses, or persons
178		-	who have a dependent child or children in common and who live
179		-	together, may include, if no order exists, and if necessary to maintain
180		-	the safety and basic needs of the applicant or the dependent child or
181		-	children in common of the applicant and respondent, in addition to any
182		-	orders authorized under subsection (b) of this section, any of the
183		-	following: (1) An order prohibiting the respondent from (A) taking any
184		-	action that could result in the termination of any necessary utility
185		-	services or necessary services related to the family dwelling or the
186		-	dwelling of the applicant, (B) taking any action that could result in the
187		-	cancellation, change of coverage or change of beneficiary of any health,
188		-	automobile or homeowners insurance policy to the detriment of the
189		-	applicant or the dependent child or children in common of the applicant
190		-	and respondent, or (C) transferring, encumbering, concealing or
191		-	disposing of specified property owned or leased by the applicant; or (2)
192		-	an order providing the applicant with temporary possession of an
193		-	automobile, checkbook, documentation of health, automobile or
194		-	homeowners insurance, a document needed for purposes of proving
195		-	identity, a key or other necessary specified personal effects.
196		-	(e) At the hearing on any application under this section, if the court
197		-	grants relief pursuant to subsection (b) of this section and the applicant
198		-	and respondent are spouses, or persons who have a dependent child or
199		-	children in common and who live together, and if necessary to maintain
200		-	the safety and basic needs of the applicant or the dependent child or
201		-	children in common of the applicant and respondent, any orders
202		-	entered by the court may include, in addition to the orders authorized Substitute Senate Bill No. 1091
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206		-	under subsection (b) of this section, any of the following: (1) An order
207		-	prohibiting the respondent from (A) taking any action that could result
208		-	in the termination of any necessary utility services or services related to
209		-	the family dwelling or the dwelling of the applicant, (B) taking any
210		-	action that could result in the cancellation, change of coverage or change
211		-	of beneficiary of any health, automobile or homeowners insurance
212		-	policy to the detriment of the applicant or the dependent child or
213		-	children in common of the applicant and respondent, or (C)
214		-	transferring, encumbering, concealing or disposing of specified
215		-	property owned or leased by the applicant; (2) an order providing the
216		-	applicant with temporary possession of an automobile, checkbook,
217		-	documentation of health, automobile or homeowners insurance, a
218		-	document needed for purposes of proving identity, a key or other
219		-	necessary specified personal effects; or (3) an order that the respondent:
220		-	(A) Make rent or mortgage payments on the family dwelling or the
221		-	dwelling of the applicant and the dependent child or children in
222		-	common of the applicant and respondent, (B) maintain utility services
223		-	or other necessary services related to the family dwelling or the
224		-	dwelling of the applicant and the dependent child or children in
225		-	common of the applicant and respondent, (C) maintain all existing
226		-	health, automobile or homeowners insurance coverage without change
227		-	in coverage or beneficiary designation, or (D) provide financial support
228		-	for the benefit of any dependent child or children in common of the
229		-	applicant and the respondent, provided the respondent has a legal duty
230		-	to support such child or children and the ability to pay. The court shall
231		-	not enter any order of financial support without sufficient evidence as
232		-	to the ability to pay, including, but not limited to, financial affidavits. If
233		-	at the hearing no order is entered under this subsection or subsection
234		-	(d) of this section, no such order may be entered thereafter pursuant to
235		-	this section. Any order entered pursuant to this subsection shall not be
236		-	subject to modification and shall expire one hundred twenty days after
237		-	the date of issuance or upon issuance of a superseding order, whichever
238		-	occurs first. Any amounts not paid or collected under this subsection or Substitute Senate Bill No. 1091
	155	+	more firearms or ammunition, and the court orders an ex parte order, 110
	156	+	the court shall order that a hearing be held on the application not later 111
	157	+	than seven days from the date on which the ex parte order is issued. The 112
	158	+	court, in its discretion, may make such orders as it deems appropriate 113
	159	+	for the protection of the applicant and such dependent children or other 114
	160	+	persons as the court sees fit. In making such orders ex parte, the court, 115
	161	+	in its discretion, may consider relevant court records if the records are 116
	162	+	available to the public from a clerk of the Superior Court or on the 117
	163	+	Judicial Branch's Internet web site. In addition, at the time of the 118
	164	+	hearing, the court, in its discretion, may also consider a report prepared 119
	165	+	by the family services unit of the Judicial Branch that may include, as 120
	166	+	available: Any existing or prior orders of protection obtained from the 121
	167	+	protection order registry; information on any pending criminal case or 122
	168	+	past criminal case in which the respondent was convicted of a violent 123
	169	+	crime; any outstanding arrest warrant for the respondent; and the 124
	170	+	respondent's level of risk based on a risk assessment tool utilized by the 125
	171	+	Court Support Services Division. The report may also include 126
	172	+	information pertaining to any pending or disposed family matters case 127
	173	+	involving the applicant and respondent. Any report provided by the 128
	174	+	Court Support Services Division to the court shall also be provided to 129
	175	+	the applicant and respondent. Such orders may include temporary child 130
	176	+	custody or visitation rights, and such relief may include, but is not 131
	177	+	limited to, an order enjoining the respondent from (1) imposing any 132
	178	+	restraint upon the person or liberty of the applicant; (2) threatening, 133
	179	+	harassing, assaulting, molesting, sexually assaulting or attacking the 134
	180	+	applicant; or (3) entering the family dwelling or the dwelling of the 135
	181	+	applicant. Such order may include provisions necessary to protect any 136
	182	+	animal owned or kept by the applicant including, but not limited to, an 137
	183	+	order enjoining the respondent from injuring or threatening to injure 138
	184	+	such animal. If an applicant alleges an immediate and present physical 139
	185	+	danger to the applicant, the court may issue an ex parte order granting 140
	186	+	such relief as it deems appropriate. If a postponement of a hearing on 141
	187	+	the application is requested by either party and granted, the ex parte 142
	188	+	order shall not be continued except upon agreement of the parties or by 143
	189	+	order of the court for good cause shown. If a hearing on the application 144 Substitute Bill No. 1091
239	190
240		-	Public Act No. 21-78 8 of 41
241	191
242		-	subsection (d) of this section may be preserved and collectible in an
243		-	action for dissolution of marriage, custody, paternity or support.
244		-	(f) (1) Every order of the court made in accordance with this section
245		-	shall contain the following language: [(1)] (A) "This order may be
246		-	extended by the court beyond one year. In accordance with section 53a-
247		-	107 of the Connecticut general statutes, entering or remaining in a
248		-	building or any other premises in violation of this order constitutes
249		-	criminal trespass in the first degree. This is a criminal offense punishable
250		-	by a term of imprisonment of not more than one year, a fine of not more
251		-	than two thousand dollars or both."; and [(2)] (B) "In accordance with
252		-	section 53a-223b of the Connecticut general statutes, any violation of
253		-	subparagraph (A) or (B) of subdivision (2) of subsection (a) of section
254		-	53a-223b constitutes criminal violation of a restraining order which is
255		-	punishable by a term of imprisonment of not more than five years, a fine
256		-	of not more than five thousand dollars, or both. Additionally, any
257		-	violation of subparagraph (C) or (D) of subdivision (2) of subsection (a)
258		-	of section 53a-223b constitutes criminal violation of a restraining order
259		-	which is punishable by a term of imprisonment of not more than ten
260		-	years, a fine of not more than ten thousand dollars, or both.".
261		-	(2) Each applicant who receives an order of the court in accordance
262		-	with this section shall be given a notice that contains the following
263		-	language: "If a restraining order has been issued on your behalf or on
264		-	behalf of your child, you may elect to give testimony or appear in a
265		-	family court proceeding remotely, pursuant to section 46b-15c. Please
266		-	notify the court in writing at least two days in advance of a proceeding
267		-	if you choose to give testimony or appear remotely, and your physical
268		-	presence in the courthouse will not be required in order to participate in
269		-	the court proceeding.".
270		-	(g) No order of the court shall exceed one year, except that an order
271		-	may be extended by the court upon motion of the applicant for such
272		-	additional time as the court deems necessary. If the respondent has not Substitute Senate Bill No. 1091
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	196	+	is scheduled or an ex parte order is granted and the court is closed on 145
	197	+	the scheduled hearing date, the hearing shall be held on the next day the 146
	198	+	court is open and any such ex parte order shall remain in effect until the 147
	199	+	date of such hearing. If the applicant is under eighteen years of age, a 148
	200	+	parent, guardian or responsible adult who brings the application as next 149
	201	+	friend of the applicant may not speak on the applicant's behalf at such 150
	202	+	hearing unless there is good cause shown as to why the applicant is 151
	203	+	unable to speak on his or her own behalf, except that nothing in this 152
	204	+	subsection shall preclude such parent, guardian or responsible adult 153
	205	+	from testifying as a witness at such hearing. As used in this subsection, 154
	206	+	"violent crime" includes: (A) An incident resulting in physical harm, 155
	207	+	bodily injury or assault; (B) an act of threatened violence that constitutes 156
	208	+	fear of imminent physical harm, bodily injury or assault, including, but 157
	209	+	not limited to, stalking or a pattern of threatening; (C) verbal abuse or 158
	210	+	argument if there is a present danger and likelihood that physical 159
	211	+	violence will occur; and (D) cruelty to animals as set forth in section 53-160
	212	+	247. 161
	213	+	(c) If the court issues an ex parte order pursuant to subsection (b) of 162
	214	+	this section and service has not been made on the respondent in 163
	215	+	conformance with subsection (h) of this section, upon request of the 164
	216	+	applicant, the court shall, based on the information contained in the 165
	217	+	original application, extend any ex parte order for an additional period 166
	218	+	not to exceed fourteen days from the originally scheduled hearing date. 167
	219	+	The clerk shall prepare a new order of hearing and notice containing the 168
	220	+	new hearing date, which shall be served upon the respondent in 169
	221	+	accordance with the provisions of subsection (h) of this section. 170
	222	+	(d) Any ex parte restraining order entered under subsection (b) of this 171
	223	+	section in which the applicant and respondent are spouses, or persons 172
	224	+	who have a dependent child or children in common and who live 173
	225	+	together, may include, if no order exists, and if necessary to maintain 174
	226	+	the safety and basic needs of the applicant or the dependent child or 175
	227	+	children in common of the applicant and respondent, in addition to any 176
	228	+	orders authorized under subsection (b) of this section, any of the 177 Substitute Bill No. 1091
275	229
276		-	appeared upon the initial application, service of a motion to extend an
277		-	order may be made by first-class mail directed to the respondent at the
278		-	respondent's last-known address.
279		-	(h) (1) The applicant shall cause notice of the hearing pursuant to
280		-	subsection (b) of this section and a copy of the application and the
281		-	applicant's affidavit and of any ex parte order issued pursuant to
282		-	subsection (b) of this section to be served on the respondent not less than
283		-	three days before the hearing. A proper officer responsible for executing
284		-	such service shall accept all documents in an electronic format, if
285		-	presented to such officer in such format. The cost of such service shall
286		-	be paid for by the Judicial Branch.
287		-	(2) When (A) an application indicates that a respondent holds a
288		-	permit to carry a pistol or revolver, an eligibility certificate for a pistol
289		-	or revolver, a long gun eligibility certificate or an ammunition certificate
290		-	or possesses one or more firearms or ammunition, and (B) the court has
291		-	issued an ex parte order pursuant to this section, the proper officer
292		-	responsible for executing service shall, whenever possible, provide in-
293		-	hand service and, prior to serving such order, shall (i) provide notice to
294		-	the law enforcement agency for the town in which the respondent will
295		-	be served concerning when and where the service will take place, and
296		-	(ii) send, or cause to be sent by facsimile or other means, a copy of the
297		-	application, the applicant's affidavit, the ex parte order and the notice of
298		-	hearing to such law enforcement agency, and (iii) request that a police
299		-	officer from the law enforcement agency for the town in which the
300		-	respondent will be served be present when service is executed by the
301		-	proper officer. Upon receiving a request from a proper officer under the
302		-	provisions of this subdivision, the law enforcement agency for the town
303		-	in which the respondent will be served may designate a police officer to
304		-	be present when service is executed by the proper officer.
305		-	(3) Upon the granting of an ex parte order, the clerk of the court shall
306		-	provide two copies of the order to the applicant. Upon the granting of Substitute Senate Bill No. 1091
307	230
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309	234
310		-	an order after notice and hearing, the clerk of the court shall provide
311		-	two copies of the order to the applicant and a copy to the respondent.
312		-	Every order of the court made in accordance with this section after
313		-	notice and hearing shall be accompanied by a notification that is
314		-	consistent with the full faith and credit provisions set forth in 18 USC
315		-	2265(a), as amended from time to time. Immediately after making
316		-	service on the respondent, the proper officer shall (A) send or cause to
317		-	be sent, by facsimile or other means, a copy of the application, or the
318		-	information contained in such application, stating the date and time the
319		-	respondent was served, to the law enforcement agency or agencies for
320		-	the town in which the applicant resides, the town in which the applicant
321		-	is employed and the town in which the respondent resides, and (B) as
322		-	soon as possible, but not later than two hours after the time that service
323		-	is executed, input into the Judicial Branch's Internet-based service
324		-	tracking system the date, time and method of service. If, prior to the date
325		-	of the scheduled hearing, service has not been executed, the proper
326		-	officer shall input into such service tracking system that service was
327		-	unsuccessful. The clerk of the court shall send, by facsimile or other
328		-	means, a copy of any ex parte order and of any order after notice and
329		-	hearing, or the information contained in any such order, to the law
330		-	enforcement agency or agencies for the town in which the applicant
331		-	resides, the town in which the applicant is employed and the town in
332		-	which the respondent resides, within forty-eight hours of the issuance
333		-	of such order. If the victim, or victim's minor child protected by such
334		-	order, is enrolled in a public or private elementary or secondary school,
335		-	including a technical education and career school, or an institution of
336		-	higher education, as defined in section 10a-55, the clerk of the court
337		-	shall, upon the request of the victim, send, by facsimile or other means,
338		-	a copy of such ex parte order or of any order after notice and hearing, or
339		-	the information contained in any such order, to such school or
340		-	institution of higher education, the president of any institution of higher
341		-	education at which the victim, or victim's minor child protected by such
342		-	order, is enrolled and the special police force established pursuant to Substitute Senate Bill No. 1091
	235	+	following: (1) An order prohibiting the respondent from (A) taking any 178
	236	+	action that could result in the termination of any necessary utility 179
	237	+	services or necessary services related to the family dwelling or the 180
	238	+	dwelling of the applicant, (B) taking any action that could result in the 181
	239	+	cancellation, change of coverage or change of beneficiary of any health, 182
	240	+	automobile or homeowners insurance policy to the detriment of the 183
	241	+	applicant or the dependent child or children in common of the applicant 184
	242	+	and respondent, or (C) transferring, encumbering, concealing or 185
	243	+	disposing of specified property owned or leased by the applicant; or (2) 186
	244	+	an order providing the applicant with temporary possession of an 187
	245	+	automobile, checkbook, documentation of health, automobile or 188
	246	+	homeowners insurance, a document needed for purposes of proving 189
	247	+	identity, a key or other necessary specified personal effects. 190
	248	+	(e) At the hearing on any application under this section, if the court 191
	249	+	grants relief pursuant to subsection (b) of this section and the applicant 192
	250	+	and respondent are spouses, or persons who have a dependent child or 193
	251	+	children in common and who live together, and if necessary to maintain 194
	252	+	the safety and basic needs of the applicant or the dependent child or 195
	253	+	children in common of the applicant and respondent, any orders 196
	254	+	entered by the court may include, in addition to the orders authorized 197
	255	+	under subsection (b) of this section, any of the following: (1) An order 198
	256	+	prohibiting the respondent from (A) taking any action that could result 199
	257	+	in the termination of any necessary utility services or services related to 200
	258	+	the family dwelling or the dwelling of the applicant, (B) taking any 201
	259	+	action that could result in the cancellation, change of coverage or change 202
	260	+	of beneficiary of any health, automobile or homeowners insurance 203
	261	+	policy to the detriment of the applicant or the dependent child or 204
	262	+	children in common of the applicant and r espondent, or (C) 205
	263	+	transferring, encumbering, concealing or disposing of specified 206
	264	+	property owned or leased by the applicant; (2) an order providing the 207
	265	+	applicant with temporary possession of an automobile, checkbook, 208
	266	+	documentation of health, automobile or homeowners insurance, a 209
	267	+	document needed for purposes of proving identity, a key or other 210
	268	+	necessary specified personal effects; or (3) an order that the respondent: 211 Substitute Bill No. 1091
343	269
344		-	Public Act No. 21-78 11 of 41
345	270
346		-	section 10a-156b, if any, at the institution of higher education at which
347		-	the victim, or victim's minor child protected by such order, is enrolled,
348		-	if the victim provides the clerk with the name and address of such school
349		-	or institution of higher education.
350		-	(i) A caretaker who is providing shelter in his or her residence to a
351		-	person sixty years or older shall not be enjoined from the full use and
352		-	enjoyment of his or her home and property. The Superior Court may
353		-	make any other appropriate order under the provisions of this section.
354		-	(j) When a motion for contempt is filed for violation of a restraining
355		-	order, there shall be an expedited hearing. Such hearing shall be held
356		-	within five court days of service of the motion on the respondent,
357		-	provided service on the respondent is made not less than twenty-four
358		-	hours before the hearing. If the court finds the respondent in contempt
359		-	for violation of an order, the court may impose such sanctions as the
360		-	court deems appropriate.
361		-	(k) An action under this section shall not preclude the applicant from
362		-	seeking any other civil or criminal relief.
363		-	(l) For purposes of this section, "police officer" means a state police
364		-	officer or a sworn member of a municipal police department and "law
365		-	enforcement agency" means the Division of State Police within the
366		-	Department of Emergency Services and Public Protection or any
367		-	municipal police department.
368		-	Sec. 3. Section 46b-15c of the general statutes is repealed and the
369		-	following is substituted in lieu thereof (Effective October 1, 2021):
370		-	(a) In any court proceeding in a family relations matter, as defined in
371		-	section 46b-1, as amended by this act, the court [may, within available
372		-	resources] shall, upon [motion] the written request of a party or the
373		-	attorney for any party made not less than two days prior to such
374		-	proceeding, order that the testimony of a party or a child who is a subject Substitute Senate Bill No. 1091
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	275	+	(A) Make rent or mortgage payments on the family dwelling or the 212
	276	+	dwelling of the applicant and the dependent child or children in 213
	277	+	common of the applicant and respondent, (B) maintain utility services 214
	278	+	or other necessary services related to the family dwelling or the 215
	279	+	dwelling of the applicant and the dependent child or children in 216
	280	+	common of the applicant and respondent, (C) maintain all existing 217
	281	+	health, automobile or homeowners insurance coverage without change 218
	282	+	in coverage or beneficiary designation, or (D) provide financial support 219
	283	+	for the benefit of any dependent child or children in common of the 220
	284	+	applicant and the respondent, provided the respondent has a legal duty 221
	285	+	to support such child or children and the ability to pay. The court shall 222
	286	+	not enter any order of financial support without sufficient evidence as 223
	287	+	to the ability to pay, including, but not limited to, financial affidavits. If 224
	288	+	at the hearing no order is entered under this subsection or subsection 225
	289	+	(d) of this section, no such order may be entered thereafter pursuant to 226
	290	+	this section. Any order entered pursuant to this subsection shall not be 227
	291	+	subject to modification and shall expire one hundred twenty days after 228
	292	+	the date of issuance or upon issuance of a superseding order, whichever 229
	293	+	occurs first. Any amounts not paid or collected under this subsection or 230
	294	+	subsection (d) of this section may be preserved and collectible in an 231
	295	+	action for dissolution of marriage, custody, paternity or support. 232
	296	+	(f) (1) Every order of the court made in accordance with this section 233
	297	+	shall contain the following language: [(1)] (A) "This order may be 234
	298	+	extended by the court beyond one year. In accordance with section 53a-235
	299	+	107 of the Connecticut general statutes, entering or remaining in a 236
	300	+	building or any other premises in violation of this order constitutes 237
	301	+	criminal trespass in the first degree. This is a criminal offense punishable 238
	302	+	by a term of imprisonment of not more than one year, a fine of not more 239
	303	+	than two thousand dollars or both."; and [(2)] (B) "In accordance with 240
	304	+	section 53a-223b of the Connecticut general statutes, any violation of 241
	305	+	subparagraph (A) or (B) of subdivision (2) of subsection (a) of section 242
	306	+	53a-223b constitutes criminal violation of a restraining order which is 243
	307	+	punishable by a term of imprisonment of not more than five years, a fine 244
	308	+	of not more than five thousand dollars, or both. Additionally, any 245 Substitute Bill No. 1091
377	309
378		-	of the proceeding be taken outside the physical presence of any other
379		-	party if a protective order, restraining order or standing criminal
380		-	protective order has been issued on behalf of the party or child, and the
381		-	other party is subject to the protective order, restraining order or
382		-	standing criminal protective order. Such order may provide for the use
383		-	of alternative means to obtain the testimony of any party or child,
384		-	including, but not limited to, the use of a secure video connection for the
385		-	purpose of conducting hearings by videoconference. Such testimony
386		-	may be taken in a room other than the courtroom or at another location
387		-	outside the courthouse or outside the state. The court shall provide for
388		-	the administration of an oath to such party or child prior to the taking
389		-	of such testimony in accordance with the rules of the Superior Court.
390		-	(b) Nothing in this section shall be construed to limit any party's right
391		-	to cross-examine a witness whose testimony is taken in a room other
392		-	than the courtroom pursuant to an order under this section.
393		-	(c) An order under this section may remain in effect during the
394		-	pendency of the proceedings in the family relations matter.
395		-	(d) A notice describing the provisions of subsection (a) of this section
396		-	shall be (1) posted on the Internet web site of the Judicial Branch, (2)
397		-	included in any written or electronic form that describes the automatic
398		-	orders in cases involving a dissolution of marriage or legal separation
399		-	under section 46b-40, and (3) included in any written or electronic form
400		-	provided to a person who receives a protective order under section 46b-
401		-	38c, as amended by this act, a standing criminal protective order under
402		-	section 54a-40e, as amended by this act, or a restraining order, under
403		-	section 46b-15, as amended by this act.
404		-	Sec. 4. Subdivision (3) of section 46b-38a of the general statutes is
405		-	repealed and the following is substituted in lieu thereof (Effective July 1,
406		-	2021): Substitute Senate Bill No. 1091
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409	314
410		-	(3) "Family violence crime" means a crime as defined in section 53a-
411		-	24, other than a delinquent act, as defined in section 46b-120, which, in
412		-	addition to its other elements, contains as an element thereof an act of
413		-	family violence to a family or household member. "Family violence
414		-	crime" includes any violation of section 53a-222, 53a-222a, 53a-223, 53a-
415		-	223a or 53a-223b when the condition of release or court order is issued
416		-	for an act of family violence or a family violence crime. "Family violence
417		-	crime" does not include acts by parents or guardians disciplining minor
418		-	children unless such acts constitute abuse.
419		-	Sec. 5. Subdivision (5) of subsection (g) of section 46b-38b of the
420		-	general statutes is repealed and the following is substituted in lieu
421		-	thereof (Effective July 1, 2021):
422		-	(5) (A) On and after July 1, [2010] 2021, each law enforcement agency
423		-	shall designate at least one officer with supervisory duties to
424		-	expeditiously process, upon request of a victim of family violence or
425		-	other crime who is applying for U Nonimmigrant Status [(A)] (i) a
426		-	certification of helpfulness on Form I-918, Supplement B, or any
427		-	subsequent corresponding form designated by the United States
428		-	Department of Homeland Security, confirming that the victim of family
429		-	violence or other crime has been helpful, is being helpful [,] or is likely
430		-	to be helpful in the investigation or prosecution of the criminal activity,
431		-	and [(B)] (ii) any subsequent certification required by the victim. As
432		-	used in this subparagraph, "expeditiously" means not later than sixty
433		-	days after the date of receipt of the request for certification of
434		-	helpfulness, or not later than fourteen days after the date of receipt of
435		-	such request if (I) the victim is in federal immigration removal
436		-	proceedings or detained, or (II) the victim's child, parents or siblings
437		-	would become ineligible for an immigration benefit by virtue of the
438		-	victim or the sibling of such victim attaining the age of eighteen years,
439		-	or the victim's child attaining the age of twenty-one years.
440		-	(B) By signing a certification of helpfulness, the officer or agency is Substitute Senate Bill No. 1091
	315	+	violation of subparagraph (C) or (D) of subdivision (2) of subsection (a) 246
	316	+	of section 53a-223b constitutes criminal violation of a restraining order 247
	317	+	which is punishable by a term of imprisonment of not more than ten 248
	318	+	years, a fine of not more than ten thousand dollars, or both.". 249
	319	+	(2) Each applicant who receives an order of the court in accordance 250
	320	+	with this section shall be given a notice that contains the following 251
	321	+	language: "If a restraining order has been issued on your behalf or on 252
	322	+	behalf of your child, you may elect to give testimony or appear in a court 253
	323	+	proceeding remotely, pursuant to section 46b-15c, as amended by this 254
	324	+	act, if you provide notice to the court in advance. Please notify the court 255
	325	+	in writing if you choose to give testimony or appear remotely, and your 256
	326	+	physical presence in the courthouse will not be required in order to 257
	327	+	participate in the court proceeding.". 258
	328	+	(g) No order of the court shall exceed one year, except that an order 259
	329	+	may be extended by the court upon motion of the applicant for such 260
	330	+	additional time as the court deems necessary. If the respondent has not 261
	331	+	appeared upon the initial application, service of a motion to extend an 262
	332	+	order may be made by first-class mail directed to the respondent at the 263
	333	+	respondent's last-known address. 264
	334	+	(h) (1) The applicant shall cause notice of the hearing pursuant to 265
	335	+	subsection (b) of this section and a copy of the application and the 266
	336	+	applicant's [affidavit] statement of the specific facts that form the basis 267
	337	+	for relief made under penalty of false statement pursuant to section 53a-268
	338	+	157b and of any ex parte order issued pursuant to subsection (b) of this 269
	339	+	section to be served on the respondent not less than three days before 270
	340	+	the hearing. A proper officer responsible for executing such service shall 271
	341	+	accept all documents in an electronic format, if presented to such officer 272
	342	+	in such format. The cost of such service shall be paid for by the Judicial 273
	343	+	Branch. 274
	344	+	(2) When (A) an application indicates that a respondent holds a 275
	345	+	permit to carry a pistol or revolver, an eligibility certificate for a pistol 276
	346	+	or revolver, a long gun eligibility certificate or an ammunition certificate 277 Substitute Bill No. 1091
441	347
442		-	Public Act No. 21-78 14 of 41
443	348
444		-	not making a determination of eligibility for U Nonimmigrant Status.
445		-	The officer or agency is solely providing information required by the
446		-	United States Department of Homeland Security on such form as is
447		-	required by said department and certifying that: (i) The requesting
448		-	individual or his or her family member is a victim of one of the
449		-	enumerated crimes eligible for U Nonimmigrant Status, (ii) the victim
450		-	possesses or possessed information regarding that crime, (iii) the victim
451		-	has been, is being or is likely to be helpful in an investigation of that
452		-	crime, and (iv) the victim has not failed or refused to provide reasonably
453		-	requested information or assistance. A current or ongoing investigation,
454		-	filing of criminal charges, prosecution or conviction is not required for
455		-	a victim to request and obtain certification under this subdivision.
456		-	Sec. 6. Subsection (e) of section 46b-38c of the general statutes is
457		-	repealed and the following is substituted in lieu thereof (Effective October
458		-	1, 2021):
459		-	(e) (1) A protective order issued under this section may include
460		-	provisions necessary to protect the victim from threats, harassment,
461		-	injury or intimidation by the defendant, including, but not limited to, an
462		-	order enjoining the defendant from [(1)] (A) imposing any restraint
463		-	upon the person or liberty of the victim, [(2)] (B) threatening, harassing,
464		-	assaulting, molesting or sexually assaulting the victim, or [(3)] (C)
465		-	entering the family dwelling or the dwelling of the victim. A protective
466		-	order issued under this section may include provisions necessary to
467		-	protect any animal owned or kept by the victim including, but not
468		-	limited to, an order enjoining the defendant from injuring or threatening
469		-	to injure such animal. Such order shall be made a condition of the bail
470		-	or release of the defendant and shall contain the following notification:
471		-	"In accordance with section 53a-223 of the Connecticut general statutes,
472		-	any violation of this order constitutes criminal violation of a protective
473		-	order which is punishable by a term of imprisonment of not more than
474		-	ten years, a fine of not more than ten thousand dollars, or both. Substitute Senate Bill No. 1091
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475	352
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	353	+	or possesses one or more firearms or ammunition, and (B) the court has 278
	354	+	issued an ex parte order pursuant to this section, the proper officer 279
	355	+	responsible for executing service shall, whenever possible, provide in-280
	356	+	hand service and, prior to serving such order, shall (i) provide notice to 281
	357	+	the law enforcement agency for the town in which the respondent will 282
	358	+	be served concerning when and where the service will take place, and 283
	359	+	(ii) send, or cause to be sent by facsimile or other means, a copy of the 284
	360	+	application, the applicant's [affidavit] statement of the specific facts that 285
	361	+	form the basis for relief made under penalty of false statement pursuant 286
	362	+	to section 53a-157b, the ex parte order and the notice of hearing to such 287
	363	+	law enforcement agency, and (iii) request that a police officer from the 288
	364	+	law enforcement agency for the town in which the respondent will be 289
	365	+	served be present when service is executed by the proper officer. Upon 290
	366	+	receiving a request from a proper officer under the provisions of this 291
	367	+	subdivision, the law enforcement agency for the town in which the 292
	368	+	respondent will be served may designate a police officer to be present 293
	369	+	when service is executed by the proper officer. 294
	370	+	(3) Upon the granting of an ex parte order, the clerk of the court shall 295
	371	+	provide two copies of the order to the applicant. Upon the granting of 296
	372	+	an order after notice and hearing, the clerk of the court shall provide 297
	373	+	two copies of the order to the applicant and a copy to the respondent. 298
	374	+	Every order of the court made in accordance with this section after 299
	375	+	notice and hearing shall be accompanied by a notification that is 300
	376	+	consistent with the full faith and credit provisions set forth in 18 USC 301
	377	+	2265(a), as amended from time to time. Immediately after making 302
	378	+	service on the respondent, the proper officer shall (A) send or cause to 303
	379	+	be sent, by facsimile or other means, a copy of the application, or the 304
	380	+	information contained in such application, stating the date and time the 305
	381	+	respondent was served, to the law enforcement agency or agencies for 306
	382	+	the town in which the applicant resides, the town in which the applicant 307
	383	+	is employed and the town in which the respondent resides, and (B) as 308
	384	+	soon as possible, but not later than two hours after the time that service 309
	385	+	is executed, input into the Judicial Branch's Internet-based service 310
	386	+	tracking system the date, time and method of service. If, prior to the date 311 Substitute Bill No. 1091
477	387
478		-	Additionally, in accordance with section 53a-107 of the Connecticut
479		-	general statutes, entering or remaining in a building or any other
480		-	premises in violation of this order constitutes criminal trespass in the
481		-	first degree which is punishable by a term of imprisonment of not more
482		-	than one year, a fine of not more than two thousand dollars, or both.
483		-	Violation of this order also violates a condition of your bail or release,
484		-	and may result in raising the amount of bail or revoking release." Every
485		-	order of the court made in accordance with this section after notice and
486		-	hearing shall be accompanied by a notification that is consistent with
487		-	the full faith and credit provisions set forth in 18 USC 2265(a), as
488		-	amended from time to time. The information contained in and
489		-	concerning the issuance of any protective order issued under this
490		-	section shall be entered in the registry of protective orders pursuant to
491		-	section 51-5c.
492		-	(2) Each person who receives an order of the court in accordance with
493		-	this subsection shall be given a notice that contains the following
494		-	language: "If a protective order has been issued on your behalf or on
495		-	behalf of your child, you may elect to give testimony or appear in a
496		-	family court proceeding remotely, pursuant to section 46b-15c. Please
497		-	notify the court in writing at least two days in advance of a proceeding
498		-	if you choose to give testimony or appear remotely, and your physical
499		-	presence in the courthouse will not be required in order to participate in
500		-	the court proceeding.".
501		-	Sec. 7. Section 53a-40e of the general statutes is repealed and the
502		-	following is substituted in lieu thereof (Effective October 1, 2021):
503		-	(a) If any person is convicted of (1) a violation of section 53a-70b of
504		-	the general statutes, revision of 1958, revised to January 1, 2019, or
505		-	subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59,
506		-	53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70c, 53a-
507		-	71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or
508		-	53a-183, subdivision (2) of subsection (a) of section 53a-192a, section 53a- Substitute Senate Bill No. 1091
509	388
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511	392
512		-	223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said
513		-	sections or section 53a-54a, or (2) any crime that the court determines
514		-	constitutes a family violence crime, as defined in section 46b-38a, as
515		-	amended by this act, or attempt or conspiracy to commit any such crime,
516		-	the court may, in addition to imposing the sentence authorized for the
517		-	crime under section 53a-35a or 53a-36, if the court is of the opinion that
518		-	the history and character and the nature and circumstances of the
519		-	criminal conduct of such offender indicate that a standing criminal
520		-	protective order will best serve the interest of the victim and the public,
521		-	issue a standing criminal protective order which shall remain in effect
522		-	for a duration specified by the court until modified or revoked by the
523		-	court for good cause shown. If any person is convicted of any crime not
524		-	specified in subdivision (1) or (2) of this subsection, the court may, for
525		-	good cause shown, issue a standing criminal protective order pursuant
526		-	to this subsection.
527		-	(b) Such standing criminal protective order may include, but need not
528		-	be limited to, provisions enjoining the offender from (1) imposing any
529		-	restraint upon the person or liberty of the victim; (2) threatening,
530		-	harassing, assaulting, molesting, sexually assaulting or attacking the
531		-	victim; or (3) entering the family dwelling or the dwelling of the victim.
532		-	If the victim is enrolled in a public or private elementary or secondary
533		-	school, including a technical high school, or an institution of higher
534		-	education, as defined in section 10a-55, the clerk of the court shall, upon
535		-	the request of the victim, send, by facsimile or other means, a copy of
536		-	such standing criminal protective order, or the information contained in
537		-	any such order, to such school or institution of higher education, the
538		-	president of any institution of higher education at which the victim is
539		-	enrolled and the special police force established pursuant to section 10a-
540		-	142, if any, at the institution of higher education at which the victim is
541		-	enrolled, if the victim provides the clerk with the name and address of
542		-	such school or institution of higher education. Substitute Senate Bill No. 1091
	393	+	of the scheduled hearing, service has not been executed, the proper 312
	394	+	officer shall input into such service tracking system that service was 313
	395	+	unsuccessful. The clerk of the court shall send, by facsimile or other 314
	396	+	means, a copy of any ex parte order and of any order after notice and 315
	397	+	hearing, or the information contained in any such order, to the law 316
	398	+	enforcement agency or agencies for the town in which the applicant 317
	399	+	resides, the town in which the applicant is employed and the town in 318
	400	+	which the respondent resides, within forty-eight hours of the issuance 319
	401	+	of such order. If the victim, or victim's minor child protected by such 320
	402	+	order, is enrolled in a public or private elementary or secondary school, 321
	403	+	including a technical education and career school, or an institution of 322
	404	+	higher education, as defined in section 10a-55, the clerk of the court 323
	405	+	shall, upon the request of the victim, send, by facsimile or other means, 324
	406	+	a copy of such ex parte order or of any order after notice and hearing, or 325
	407	+	the information contained in any such order, to such school or 326
	408	+	institution of higher education, the president of any institution of higher 327
	409	+	education at which the victim, or victim's minor child protected by such 328
	410	+	order, is enrolled and the special police force established pursuant to 329
	411	+	section 10a-156b, if any, at the institution of higher education at which 330
	412	+	the victim, or victim's minor child protected by such order, is enrolled, 331
	413	+	if the victim provides the clerk with the name and address of such school 332
	414	+	or institution of higher education. 333
	415	+	(i) A caretaker who is providing shelter in his or her residence to a 334
	416	+	person sixty years or older shall not be enjoined from the full use and 335
	417	+	enjoyment of his or her home and property. The Superior Court may 336
	418	+	make any other appropriate order under the provisions of this section. 337
	419	+	(j) When a motion for contempt is filed for violation of a restraining 338
	420	+	order, there shall be an expedited hearing. Such hearing shall be held 339
	421	+	within five court days of service of the motion on the respondent, 340
	422	+	provided service on the respondent is made not less than twenty-four 341
	423	+	hours before the hearing. If the court finds the respondent in contempt 342
	424	+	for violation of an order, the court may impose such sanctions as the 343
	425	+	court deems appropriate. 344 Substitute Bill No. 1091
543	426
544		-	Public Act No. 21-78 17 of 41
545	427
546		-	(c) (1) Such standing criminal protective order shall include the
547		-	following notice: "In accordance with section 53a-223a of the
548		-	Connecticut general statutes, violation of this order shall be punishable
549		-	by a term of imprisonment of not less than one year nor more than ten
550		-	years, a fine of not more than ten thousand dollars, or both.".
551		-	(2) Upon issuance of a standing criminal protective order under
552		-	subsection (a) of this section, each victim protected by such order shall
553		-	be given a notice that contains the following language: "If a standing
554		-	criminal protective order has been issued on your behalf or on behalf of
555		-	your child, you may elect to give testimony or appear in a family court
556		-	proceeding remotely, pursuant to section 46b-15c. Please notify the
557		-	court in writing at least two days in advance of a proceeding if you
558		-	choose to give testimony or appear remotely, and your physical
559		-	presence in the courthouse will not be required in order to participate in
560		-	the court proceeding.".
561		-	(d) For the purposes of this section and any other provision of the
562		-	general statutes, "standing criminal protective order" means (1) a
563		-	standing criminal restraining order issued prior to October 1, 2010, or
564		-	(2) a standing criminal protective order issued on or after October 1,
565		-	2010.
566		-	Sec. 8. Subsection (f) of section 46b-54 of the general statutes is
567		-	repealed and the following is substituted in lieu thereof (Effective October
568		-	1, 2021):
569		-	(f) When recommending the entry of any order as provided in
570		-	subsections (a) and (b) of section 46b-56, as amended by this act, counsel
571		-	or a guardian ad litem for the minor child shall consider the best
572		-	interests of the child, and in doing so shall consider, but not be limited
573		-	to, one or more of the following factors: (1) The physical and emotional
574		-	safety of the child; (2) the temperament and developmental needs of the
575		-	child; [(2)] (3) the capacity and the disposition of the parents to Substitute Senate Bill No. 1091
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576	431
577		-	Public Act No. 21-78 18 of 41
	432	+	(k) An action under this section shall not preclude the applicant from 345
	433	+	seeking any other civil or criminal relief. 346
	434	+	(l) For purposes of this section, "police officer" means a state police 347
	435	+	officer or a sworn member of a municipal police department and "law 348
	436	+	enforcement agency" means the Division of State Police within the 349
	437	+	Department of Emergency Services and Public Protection or any 350
	438	+	municipal police department. 351
	439	+	Sec. 3. Section 46b-15c of the general statutes is repealed and the 352
	440	+	following is substituted in lieu thereof (Effective October 1, 2021): 353
	441	+	(a) In any court proceeding in a family relations matter, as defined in 354
	442	+	section 46b-1, the court [may, within available resources] shall, upon 355
	443	+	[motion] request of a party or the attorney for any party, order that the 356
	444	+	testimony of a party or a child who is a subject of the proceeding be 357
	445	+	taken outside the physical presence of any other party if a protective 358
	446	+	order, restraining order or standing criminal protective order has been 359
	447	+	issued on behalf of the party or child, and the other party is subject to 360
	448	+	the protective order, restraining order or standing criminal protective 361
	449	+	order. Such order may provide for the use of alternative means to obtain 362
	450	+	the testimony of any party or child, including, but not limited to, the use 363
	451	+	of a secure video connection for the purpose of conducting hearings by 364
	452	+	videoconference. Such testimony may be taken in a room other than the 365
	453	+	courtroom or at another location outside the courthouse or outside the 366
	454	+	state. The court shall provide for the administration of an oath to such 367
	455	+	party or child prior to the taking of such testimony in accordance with 368
	456	+	the rules of the Superior Court. 369
	457	+	(b) Nothing in this section shall be construed to limit any party's right 370
	458	+	to cross-examine a witness whose testimony is taken in a room other 371
	459	+	than the courtroom pursuant to an order under this section. 372
	460	+	(c) An order under this section may remain in effect during the 373
	461	+	pendency of the proceedings in the family relations matter. 374
	462	+	(d) A notice describing the provisions of subsection (a) of this section 375 Substitute Bill No. 1091
578	463
579		-	understand and meet the needs of the child; [(3)] (4) any relevant and
580		-	material information obtained from the child, including the informed
581		-	preferences of the child; [(4)] (5) the wishes of the child's parents as to
582		-	custody; [(5)] (6) the past and current interaction and relationship of the
583		-	child with each parent, the child's siblings and any other person who
584		-	may significantly affect the best interests of the child; [(6)] (7) the
585		-	willingness and ability of each parent to facilitate and encourage such
586		-	continuing parent-child relationship between the child and the other
587		-	parent as is appropriate, including compliance with any court orders;
588		-	[(7)] (8) any manipulation by or coercive behavior of the parents in an
589		-	effort to involve the child in the parents' dispute; [(8)] (9) the ability of
590		-	each parent to be actively involved in the life of the child; [(9)] (10) the
591		-	child's adjustment to his or her home, school and community
592		-	environments; [(10)] (11) the length of time that the child has lived in a
593		-	stable and satisfactory environment and the desirability of maintaining
594		-	continuity in such environment, provided counsel or a guardian ad
595		-	litem for the minor child may consider favorably a parent who
596		-	voluntarily leaves the child's family home pendente lite in order to
597		-	alleviate stress in the household; [(11)] (12) the stability of the child's
598		-	existing or proposed residences, or both; [(12)] (13) the mental and
599		-	physical health of all individuals involved, except that a disability of a
600		-	proposed custodial parent or other party, in and of itself, shall not be
601		-	determinative of custody unless the proposed custodial arrangement is
602		-	not in the best interests of the child; [(13)] (14) the child's cultural
603		-	background; [(14)] (15) the effect on the child of the actions of an abuser,
604		-	if any domestic violence, as defined in section 46b-1, as amended by this
605		-	act, has occurred between the parents or between a parent and another
606		-	individual or the child; [(15)] (16) whether the child or a sibling of the
607		-	child has been abused or neglected, as defined respectively in section
608		-	46b-120; and [(16)] (17) whether a party satisfactorily completed
609		-	participation in a parenting education program established pursuant to
610		-	section 46b-69b. Counsel or a guardian ad litem for the minor child shall
611		-	not be required to assign any weight to any of the factors considered. Substitute Senate Bill No. 1091
612	464
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615		-	Sec. 9. Section 46b-56 of the general statutes is repealed and the
616		-	following is substituted in lieu thereof (Effective October 1, 2021):
617		-	(a) In any controversy before the Superior Court as to the custody or
618		-	care of minor children, and at any time after the return day of any
619		-	complaint under section 46b-45, the court may make or modify any
620		-	proper order regarding the custody, care, education, visitation and
621		-	support of the children if it has jurisdiction under the provisions of
622		-	chapter 815p. Subject to the provisions of section 46b-56a, the court may
623		-	assign parental responsibility for raising the child to the parents jointly,
624		-	or may award custody to either parent or to a third party, according to
625		-	its best judgment upon the facts of the case and subject to such
626		-	conditions and limitations as it deems equitable. The court may also
627		-	make any order granting the right of visitation of any child to a third
628		-	party to the action, including, but not limited to, grandparents.
629		-	(b) In making or modifying any order as provided in subsection (a)
630		-	of this section, the rights and responsibilities of both parents shall be
631		-	considered and the court shall enter orders accordingly that serve the
632		-	best interests of the child and provide the child with the active and
633		-	consistent involvement of both parents commensurate with their
634		-	abilities and interests. Such orders may include, but shall not be limited
635		-	to: (1) Approval of a parental responsibility plan agreed to by the
636		-	parents pursuant to section 46b-56a; (2) the award of joint parental
637		-	responsibility of a minor child to both parents, which shall include (A)
638		-	provisions for residential arrangements with each parent in accordance
639		-	with the needs of the child and the parents, and (B) provisions for
640		-	consultation between the parents and for the making of major decisions
641		-	regarding the child's health, education and religious upbringing; (3) the
642		-	award of sole custody to one parent with appropriate parenting time for
643		-	the noncustodial parent where sole custody is in the best interests of the
644		-	child; or (4) any other custody arrangements as the court may determine
645		-	to be in the best interests of the child. Substitute Senate Bill No. 1091
	469	+	shall be (1) posted on the Internet web site of the Judicial Branch, (2) 376
	470	+	included in any written or electronic form that describes the automatic 377
	471	+	orders in cases involving a dissolution of marriage or legal separation 378
	472	+	under section 46b-40, and (3) included in any written or electronic form 379
	473	+	provided to a person who applies for and receives a protective order 380
	474	+	under section 46b-38c, as amended by this act, or a restraining order, 381
	475	+	under section 46b-15, as amended by this act. 382
	476	+	Sec. 4. Subdivision (3) of section 46b-38a of the general statutes is 383
	477	+	repealed and the following is substituted in lieu thereof (Effective October 384
	478	+	1, 2021): 385
	479	+	(3) "Family violence crime" means a crime as defined in section 53a-386
	480	+	24, other than a delinquent act, as defined in section 46b-120, which, in 387
	481	+	addition to its other elements, contains as an element thereof an act of 388
	482	+	family violence to a family or household member. "Family violence 389
	483	+	crime" includes any violation of section 53a-222, 53a-222a, 53a-223, 53a-390
	484	+	223a or 53a-223b when the condition of release or court order is issued 391
	485	+	for an act of family violence or a family violence crime. "Family violence 392
	486	+	crime" does not include acts by parents or guardians disciplining minor 393
	487	+	children unless such acts constitute abuse. 394
	488	+	Sec. 5. Subdivision (5) of subsection (g) of section 46b-38b of the 395
	489	+	general statutes is repealed and the following is substituted in lieu 396
	490	+	thereof (Effective July 1, 2021): 397
	491	+	(5) (A) On and after July 1, [2010] 2021, each law enforcement agency 398
	492	+	shall designate at least one officer with supervisory duties to 399
	493	+	expeditiously process, upon request of a victim of family violence or 400
	494	+	other crime who is applying for U Nonimmigrant Status [(A)] (i) a 401
	495	+	certification of helpfulness on Form I-918, Supplement B, or any 402
	496	+	subsequent corresponding form designated by the United States 403
	497	+	Department of Homeland Security, confirming that the victim of family 404
	498	+	violence or other crime has been helpful, is being helpful [,] or is likely 405
	499	+	to be helpful in the investigation or prosecution of the criminal activity, 406
	500	+	and [(B)] (ii) any subsequent certification required by the victim. As 407 Substitute Bill No. 1091
646	501
647		-	Public Act No. 21-78 20 of 41
648	502
649		-	(c) In making or modifying any order as provided in subsections (a)
650		-	and (b) of this section, the court shall consider the best interests of the
651		-	child, and in doing so, may consider, but shall not be limited to, one or
652		-	more of the following factors: (1) The physical and emotional safety of
653		-	the child; (2) the temperament and developmental needs of the child;
654		-	[(2)] (3) the capacity and the disposition of the parents to understand
655		-	and meet the needs of the child; [(3)] (4) any relevant and material
656		-	information obtained from the child, including the informed
657		-	preferences of the child; [(4)] (5) the wishes of the child's parents as to
658		-	custody; [(5)] (6) the past and current interaction and relationship of the
659		-	child with each parent, the child's siblings and any other person who
660		-	may significantly affect the best interests of the child; [(6)] (7) the
661		-	willingness and ability of each parent to facilitate and encourage such
662		-	continuing parent-child relationship between the child and the other
663		-	parent as is appropriate, including compliance with any court orders;
664		-	[(7)] (8) any manipulation by or coercive behavior of the parents in an
665		-	effort to involve the child in the parents' dispute; [(8)] (9) the ability of
666		-	each parent to be actively involved in the life of the child; [(9)] (10) the
667		-	child's adjustment to his or her home, school and community
668		-	environments; [(10)] (11) the length of time that the child has lived in a
669		-	stable and satisfactory environment and the desirability of maintaining
670		-	continuity in such environment, provided the court may consider
671		-	favorably a parent who voluntarily leaves the child's family home
672		-	pendente lite in order to alleviate stress in the household; [(11)] (12) the
673		-	stability of the child's existing or proposed residences, or both; [(12)] (13)
674		-	the mental and physical health of all individuals involved, except that a
675		-	disability of a proposed custodial parent or other party, in and of itself,
676		-	shall not be determinative of custody unless the proposed custodial
677		-	arrangement is not in the best interests of the child; [(13)] (14) the child's
678		-	cultural background; [(14)] (15) the effect on the child of the actions of
679		-	an abuser, if any domestic violence, as defined in section 46b-1, as
680		-	amended by this act, has occurred between the parents or between a
681		-	parent and another individual or the child; [(15)] (16) whether the child Substitute Senate Bill No. 1091
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683		-	Public Act No. 21-78 21 of 41
	507	+	used in this subparagraph, "expeditiously" means not later than sixty 408
	508	+	days after the date of receipt of the request for certification of 409
	509	+	helpfulness, or not later than fourteen days after the date of receipt of 410
	510	+	such request if (I) the victim is in federal immigration removal 411
	511	+	proceedings or detained, or (II) the victim's child, parents or siblings 412
	512	+	would become ineligible for an immigration benefit by virtue of the 413
	513	+	victim or the sibling of such victim attaining the age of eighteen years, 414
	514	+	or the victim's child attaining the age of twenty-one years. 415
	515	+	(B) By signing a certification of helpfulness, the officer or agency is 416
	516	+	not making a determination of eligibility for U Nonimmigrant Status. 417
	517	+	The officer or agency is solely providing information required by the 418
	518	+	United States Department of Homeland Security on such form as is 419
	519	+	required by said department and certifying that: (i) The requesting 420
	520	+	individual or his or her family member is a victim of one of the 421
	521	+	enumerated crimes eligible for U Nonimmigrant Status, (ii) the victim 422
	522	+	possesses or possessed information regarding that crime, (iii) the victim 423
	523	+	has been, is being or is likely to be helpful in an investigation of that 424
	524	+	crime, and (iv) the victim has not failed or refused to provide reasonably 425
	525	+	requested information or assistance. A current or ongoing investigation, 426
	526	+	filing of criminal charges, prosecution or conviction is not required for 427
	527	+	a victim to request and obtain certification under this subdivision. 428
	528	+	Sec. 6. Subsection (e) of section 46b-38c of the general statutes is 429
	529	+	repealed and the following is substituted in lieu thereof (Effective October 430
	530	+	1, 2021): 431
	531	+	(e) (1) A protective order issued under this section may include 432
	532	+	provisions necessary to protect the victim from threats, harassment, 433
	533	+	injury or intimidation by the defendant, including, but not limited to, an 434
	534	+	order enjoining the defendant from [(1)] (A) imposing any restraint 435
	535	+	upon the person or liberty of the victim, [(2)] (B) threatening, harassing, 436
	536	+	assaulting, molesting or sexually assaulting the victim, or [(3)] (C) 437
	537	+	entering the family dwelling or the dwelling of the victim. A protective 438
	538	+	order issued under this section may include provisions necessary to 439
	539	+	protect any animal owned or kept by the victim including, but not 440 Substitute Bill No. 1091
684	540
685		-	or a sibling of the child has been abused or neglected, as defined
686		-	respectively in section 46b-120; and [(16)] (17) whether the party
687		-	satisfactorily completed participation in a parenting education program
688		-	established pursuant to section 46b-69b. The court is not required to
689		-	assign any weight to any of the factors that it considers, but shall
690		-	articulate the basis for its decision.
691		-	(d) Upon the issuance of any order assigning custody of the child to
692		-	the Commissioner of Children and Families, or not later than sixty days
693		-	after the issuance of such order, the court shall make a determination
694		-	whether the Department of Children and Families made reasonable
695		-	efforts to keep the child with his or her parents prior to the issuance of
696		-	such order and, if such efforts were not made, whether such reasonable
697		-	efforts were not possible, taking into consideration the best interests of
698		-	the child, including the child's health and safety.
699		-	(e) In determining whether a child is in need of support and, if in
700		-	need, the respective abilities of the parents to provide support, the court
701		-	shall take into consideration all the factors enumerated in section 46b-
702		-	84.
703		-	(f) When the court is not sitting, any judge of the court may make any
704		-	order in the cause which the court might make under this section,
705		-	including orders of injunction, prior to any action in the cause by the
706		-	court.
707		-	(g) A parent not granted custody of a minor child shall not be denied
708		-	the right of access to the academic, medical, hospital or other health
709		-	records of such minor child, unless otherwise ordered by the court for
710		-	good cause shown.
711		-	(h) Notwithstanding the provisions of subsections (b) and (c) of this
712		-	section, when a motion for modification of custody or visitation is
713		-	pending before the court or has been decided by the court and the Substitute Senate Bill No. 1091
714	541
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716	545
717		-	investigation ordered by the court pursuant to section 46b-6
718		-	recommends psychiatric or psychological therapy for a child, and such
719		-	therapy would, in the court's opinion, be in the best interests of the child
720		-	and aid the child's response to a modification, the court may order such
721		-	therapy and reserve judgment on the motion for modification.
722		-	(i) As part of a decision concerning custody or visitation, the court
723		-	may order either parent or both of the parents and any child of such
724		-	parents to participate in counseling and drug or alcohol screening,
725		-	provided such participation is in the best interests of the child.
726		-	Sec. 10. (NEW) (Effective October 1, 2021) In any family relations
727		-	matter described in section 46b-1 of the general statutes, as amended by
728		-	this act, if the court finds that a pattern of frivolous and intentionally
729		-	fabricated pleadings or motions are filed by one party, the court shall
730		-	sanction such party in an appropriate manner so as to allow such matter
731		-	to proceed without undue delay or obstruction by the party filing such
732		-	pleadings or motions.
733		-	Sec. 11. Section 51-27h of the general statutes is repealed and the
734		-	following is substituted in lieu thereof (Effective July 1, 2021):
735		-	The Chief Court Administrator shall provide in each court where
736		-	family matters or family violence matters are heard or where a domestic
737		-	violence docket, as defined in section 51-181e, is located a secure room
738		-	for victims of family violence crimes and advocates for victims of family
739		-	violence crimes which is separate from any public or private area of the
740		-	court intended to accommodate the respondent or defendant or the
741		-	respondent's or defendant's family, friends, attorneys or witnesses and
742		-	separate from the office of the state's attorney, provided that in
743		-	courthouses constructed prior to July 1, 2021, such a room is available
744		-	and the use of such room is practical.
745		-	Sec. 12. Section 51-27i of the general statutes is repealed and the Substitute Senate Bill No. 1091
	546	+	limited to, an order enjoining the defendant from injuring or threatening 441
	547	+	to injure such animal. Such order shall be made a condition of the bail 442
	548	+	or release of the defendant and shall contain the following notification: 443
	549	+	"In accordance with section 53a-223 of the Connecticut general statutes, 444
	550	+	any violation of this order constitutes criminal violation of a protective 445
	551	+	order which is punishable by a term of imprisonment of not more than 446
	552	+	ten years, a fine of not more than ten thousand dollars, or both. 447
	553	+	Additionally, in accordance with section 53a-107 of the Connecticut 448
	554	+	general statutes, entering or remaining in a building or any other 449
	555	+	premises in violation of this order constitutes criminal trespass in the 450
	556	+	first degree which is punishable by a term of imprisonment of not more 451
	557	+	than one year, a fine of not more than two thousand dollars, or both. 452
	558	+	Violation of this order also violates a condition of your bail or release, 453
	559	+	and may result in raising the amount of bail or revoking release." Every 454
	560	+	order of the court made in accordance with this section after notice and 455
	561	+	hearing shall be accompanied by a notification that is consistent with 456
	562	+	the full faith and credit provisions set forth in 18 USC 2265(a), as 457
	563	+	amended from time to time. The information contained in and 458
	564	+	concerning the issuance of any protective order issued under this 459
	565	+	section shall be entered in the registry of protective orders pursuant to 460
	566	+	section 51-5c. 461
	567	+	(2) Each person who requests and receives an order of the court in 462
	568	+	accordance with this subsection shall be given a notice that contains the 463
	569	+	following language: "If a protective order has been issued on your behalf 464
	570	+	or on behalf of your child, you may elect to give testimony or appear in 465
	571	+	a court proceeding remotely, pursuant to section 46b-15c, as amended 466
	572	+	by this act, if you provide notice to the court in advance. Please notify 467
	573	+	the court in writing if you choose to give testimony or appear remotely, 468
	574	+	and your physical presence in the courthouse will not be required in 469
	575	+	order to participate in the court proceeding.". 470
	576	+	Sec. 7. Subsection (f) of section 46b-54 of the general statutes is 471
	577	+	repealed and the following is substituted in lieu thereof (Effective October 472
	578	+	1, 2021): 473 Substitute Bill No. 1091
746	579
747		-	Public Act No. 21-78 23 of 41
748	580
749		-	following is substituted in lieu thereof (Effective July 1, 2021):
750		-	(a) As used in this section:
751		-	(1) "Domestic violence agency" means any office, shelter, host home
752		-	or agency offering assistance to victims of domestic violence through
753		-	crisis intervention, emergency shelter referral and medical and legal
754		-	advocacy, and which meets the Department of Social Services' criteria
755		-	of service provision for such agencies.
756		-	(2) "Family violence victim advocate" means a person (A) who is
757		-	employed by and under the control of a direct service supervisor of a
758		-	domestic violence agency, (B) who has undergone a minimum of twenty
759		-	hours of training which shall include, but not be limited to, the
760		-	dynamics of domestic violence, crisis intervention, communication
761		-	skills, working with diverse populations, an overview of the state
762		-	criminal justice and civil family court systems and information about
763		-	state and community resources for victims of domestic violence, (C)
764		-	who is certified as a counselor by the domestic violence agency that
765		-	provided such training, and (D) whose primary purpose is the
766		-	rendering of advice, counsel and assistance to, and the advocacy of the
767		-	cause of, victims of domestic violence.
768		-	(b) The Chief Court Administrator shall permit one or more family
769		-	violence victim advocates to provide services to victims of domestic
770		-	violence in (1) the Family Division of the Superior Court in [one or more
771		-	judicial districts] each judicial district, and (2) each geographical area
772		-	court in the state.
773		-	(c) Notwithstanding any provision of the general statutes restricting
774		-	the disclosure of documents, upon request, a family violence victim
775		-	advocate providing services in the Family Division of the Superior
776		-	Court or a geographical area court shall be provided with a copy of any
777		-	police report in the possession of the state's attorney, the Division of Substitute Senate Bill No. 1091
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778	584
779		-	Public Act No. 21-78 24 of 41
	585	+	(f) When recommending the entry of any order as provided in 474
	586	+	subsections (a) and (b) of section 46b-56, as amended by this act, counsel 475
	587	+	or a guardian ad litem for the minor child shall consider the best 476
	588	+	interests of the child, and in doing so shall consider, but not be limited 477
	589	+	to, one or more of the following factors: (1) The physical and emotional 478
	590	+	safety of the child; (2) the [The] temperament and developmental needs 479
	591	+	of the child; [(2)] (3) the capacity and the disposition of the parents to 480
	592	+	understand and meet the needs of the child; [(3)] (4) any relevant and 481
	593	+	material information obtained from the child, including the informed 482
	594	+	preferences of the child; [(4)] (5) the wishes of the child's parents as to 483
	595	+	custody; [(5)] (6) the past and current interaction and relationship of the 484
	596	+	child with each parent, the child's siblings and any other person who 485
	597	+	may significantly affect the best interests of the child; [(6)] (7) the 486
	598	+	willingness and ability of each parent to facilitate and encourage such 487
	599	+	continuing parent-child relationship between the child and the other 488
	600	+	parent as is appropriate, including compliance with any court orders; 489
	601	+	[(7)] (8) any manipulation by or coercive behavior of the parents in an 490
	602	+	effort to involve the child in the parents' dispute; [(8)] (9) the ability of 491
	603	+	each parent to be actively involved in the life of the child; [(9)] (10) the 492
	604	+	child's adjustment to his or her home, school and community 493
	605	+	environments; [(10)] (11) the length of time that the child has lived in a 494
	606	+	stable and satisfactory environment and the desirability of maintaining 495
	607	+	continuity in such environment, provided counsel or a guardian ad 496
	608	+	litem for the minor child may consider favorably a parent who 497
	609	+	voluntarily leaves the child's family home pendente lite in order to 498
	610	+	alleviate stress in the household; [(11)] (12) the stability of the child's 499
	611	+	existing or proposed residences, or both; [(12)] (13) the mental and 500
	612	+	physical health of all individuals involved, except that a disability of a 501
	613	+	proposed custodial parent or other party, in and of itself, shall not be 502
	614	+	determinative of custody unless the proposed custodial arrangement is 503
	615	+	not in the best interests of the child; [(13)] (14) the child's cultural 504
	616	+	background; [(14)] (15) the effect on the child of [the actions of an abuser, 505
	617	+	if] any domestic violence, as described in section 46b-15, as amended by 506
	618	+	this act, that has occurred between the parents or between a parent and 507
	619	+	another individual or the child; [(15)] (16) whether the child or a sibling 508 Substitute Bill No. 1091
780	620
781		-	State Police within the Department of Emergency Services and Public
782		-	Protection, any municipal police department or any other law
783		-	enforcement agency that the family violence victim advocate requires to
784		-	perform the responsibilities and duties set forth in subsection (b) of this
785		-	section.
786		-	Sec. 13. Subsection (a) of section 17b-112g of the general statutes is
787		-	repealed and the following is substituted in lieu thereof (Effective July 1,
788		-	2021):
789		-	(a) The Commissioner of Social Services shall offer immediate
790		-	diversion assistance designed to prevent certain families who are
791		-	applying for monthly temporary family assistance from needing such
792		-	assistance. Diversion assistance shall be offered to families that (1) upon
793		-	initial assessment are determined eligible for temporary family
794		-	assistance, (2) demonstrate a short-term need that cannot be met with
795		-	current or anticipated family resources, and (3) with the provision of a
796		-	service or short-term benefit, would be prevented from needing
797		-	monthly temporary family assistance. Within resources available to the
798		-	Department of Social Services, a person who requests diversion
799		-	assistance on the basis of being a victim of domestic violence, as defined
800		-	in section 17b-112a, shall be deemed to satisfy subdivision (2) of this
801		-	subsection and shall not be subject to the requirements of subdivision
802		-	(3) of this subsection. In determining whether the family of such a victim
803		-	of domestic violence satisfies the requirements of subdivision (1) of this
804		-	subsection and the appropriate amount of diversion assistance to
805		-	provide, the commissioner shall not include as a member of the family
806		-	the spouse, domestic partner or other household member credibly
807		-	accused of domestic violence by such victim, nor shall the commissioner
808		-	count the income or assets of such a spouse, domestic partner or other
809		-	household member. For purposes of this subsection, allegations of
810		-	domestic violence may be substantiated by the commissioner pursuant
811		-	to the provisions of subsection (b) of section 17b-112a. Substitute Senate Bill No. 1091
812	621
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814	625
815		-	Sec. 14. Section 17b-191 of the general statutes is repealed and the
816		-	following is substituted in lieu thereof (Effective July 1, 2021):
817		-	(a) Notwithstanding the provisions of sections 17b-190, 17b-195 and
818		-	17b-196, the Commissioner of Social Services shall operate a state-
819		-	administered general assistance program in accordance with this section
820		-	and sections 17b-131, 17b-193, 17b-194, 17b-197 and 17b-198.
821		-	Notwithstanding any provision of the general statutes, on and after
822		-	October 1, 2003, no town shall be reimbursed by the state for any general
823		-	assistance medical benefits incurred after September 30, 2003, and on
824		-	and after March 1, 2004, no town shall be reimbursed by the state for
825		-	any general assistance cash benefits or general assistance program
826		-	administrative costs incurred after February 29, 2004.
827		-	(b) The state-administered general assistance program shall provide
828		-	cash assistance of (1) two hundred dollars per month for an
829		-	unemployable person upon determination of such pe rson's
830		-	unemployability; (2) two hundred dollars per month for a transitional
831		-	person who is required to pay for shelter; and (3) fifty dollars per month
832		-	for a transitional person who is not required to pay for shelter. The
833		-	standard of assistance paid for individuals residing in rated boarding
834		-	facilities shall remain at the level in effect on August 31, 2003. No person
835		-	shall be eligible for cash assistance under the program if eligible for cash
836		-	assistance under any other state or federal cash assistance program. The
837		-	standards of assistance set forth in this subsection shall be subject to
838		-	annual increases, as described in subsection (b) of section 17b-104.
839		-	(c) To be eligible for cash assistance under the program, a person shall
840		-	(1) be (A) eighteen years of age or older; (B) a minor found by a court to
841		-	be emancipated pursuant to section 46b-150; or (C) under eighteen years
842		-	of age and the commissioner determines good cause for such person's
843		-	eligibility, and (2) not have assets exceeding two hundred fifty dollars
844		-	or, if such person is married, such person and his or her spouse shall not
845		-	have assets exceeding five hundred dollars. In determining eligibility, Substitute Senate Bill No. 1091
	626	+	of the child has been abused or neglected, as defined respectively in 509
	627	+	section 46b-120; and [(16)] (17) whether a party satisfactorily completed 510
	628	+	participation in a parenting education program established pursuant to 511
	629	+	section 46b-69b. Counsel or a guardian ad litem for the minor child shall 512
	630	+	not be required to assign any weight to any of the factors considered. 513
	631	+	Sec. 8. Section 46b-56 of the general statutes is repealed and the 514
	632	+	following is substituted in lieu thereof (Effective October 1, 2021): 515
	633	+	(a) In any controversy before the Superior Court as to the custody or 516
	634	+	care of minor children, and at any time after the return day of any 517
	635	+	complaint under section 46b-45, the court may make or modify any 518
	636	+	proper order regarding the custody, care, education, visitation and 519
	637	+	support of the children if it has jurisdiction under the provisions of 520
	638	+	chapter 815p. Subject to the provisions of section 46b-56a, the court may 521
	639	+	assign parental responsibility for raising the child to the parents jointly, 522
	640	+	or may award custody to either parent or to a third party, according to 523
	641	+	its best judgment upon the facts of the case and subject to such 524
	642	+	conditions and limitations as it deems equitable. The court may also 525
	643	+	make any order granting the right of visitation of any child to a third 526
	644	+	party to the action, including, but not limited to, grandparents. 527
	645	+	(b) In making or modifying any order as provided in subsection (a) 528
	646	+	of this section, the rights and responsibilities of both parents shall be 529
	647	+	considered and the court shall enter orders accordingly that serve the 530
	648	+	best interests of the child and provide the child with the active and 531
	649	+	consistent involvement of both parents commensurate with their 532
	650	+	abilities and interests. Such orders may include, but shall not be limited 533
	651	+	to: (1) Approval of a parental responsibility plan agreed to by the 534
	652	+	parents pursuant to section 46b-56a; (2) the award of joint parental 535
	653	+	responsibility of a minor child to both parents, which shall include (A) 536
	654	+	provisions for residential arrangements with each parent in accordance 537
	655	+	with the needs of the child and the parents, and (B) provisions for 538
	656	+	consultation between the parents and for the making of major decisions 539
	657	+	regarding the child's health, education and religious upbringing; (3) the 540
	658	+	award of sole custody to one parent with appropriate parenting time for 541 Substitute Bill No. 1091
846	659
847		-	Public Act No. 21-78 26 of 41
848	660
849		-	the commissioner shall not consider as income Aid and Attendance
850		-	pension benefits granted to a veteran, as defined in section 27-103, or the
851		-	surviving spouse of such veteran. No person who is a substance abuser
852		-	and refuses or fails to enter available, appropriate treatment shall be
853		-	eligible for cash assistance under the program until such person enters
854		-	treatment. No person whose benefits from the temporary family
855		-	assistance program have terminated as a result of time-limited benefits
856		-	or for failure to comply with a program requirement shall be eligible for
857		-	cash assistance under the program.
858		-	(d) Prior to or upon discontinuance of assistance, a person previously
859		-	determined to be a transitional person may petition the commissioner
860		-	to review the determination of his or her status. In such review, the
861		-	commissioner shall consider factors, including, but not limited to: (1)
862		-	Age; (2) education; (3) vocational training; (4) mental and physical
863		-	health; and (5) employment history and shall make a determination of
864		-	such person's ability to obtain gainful employment.
865		-	(e) Notwithstanding any other provision of this section or section
866		-	17b-194, a victim of domestic violence, as defined in section 17b-112a,
867		-	who is not eligible for diversion assistance under the provisions of
868		-	section 17b-112g, as amended by this act, shall be eligible for a one-time
869		-	assistance payment under the state-administered general assistance
870		-	program within resources available to the Department of Social
871		-	Services. Such payment shall be equivalent to that which such victim
872		-	would be entitled to receive as diversion assistance if such victim and
873		-	his or her family, if any, were eligible for diversion assistance. In
874		-	determining whether and in what amount a victim of domestic violence
875		-	and his or her family are eligible for a one-time assistance payment
876		-	pursuant to this subsection, the commissioner shall not include as a
877		-	member of such victim's family the spouse, domestic partner or other
878		-	household member credibly accused of domestic violence by such
879		-	victim, nor shall the commissioner count the income or assets of such a Substitute Senate Bill No. 1091
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881		-	Public Act No. 21-78 27 of 41
	665	+	the noncustodial parent where sole custody is in the best interests of the 542
	666	+	child; or (4) any other custody arrangements as the court may determine 543
	667	+	to be in the best interests of the child. 544
	668	+	(c) In making or modifying any order as provided in subsections (a) 545
	669	+	and (b) of this section, the court shall consider the best interests of the 546
	670	+	child, and in doing so, may consider, but shall not be limited to, one or 547
	671	+	more of the following factors: (1) The physical and emotional safety of 548
	672	+	the child; (2) [The] the temperament and developmental needs of the 549
	673	+	child; [(2)] (3) the capacity and the disposition of the parents to 550
	674	+	understand and meet the needs of the child; [(3)] (4) any relevant and 551
	675	+	material information obtained from the child, including the informed 552
	676	+	preferences of the child; [(4)] (5) the wishes of the child's parents as to 553
	677	+	custody; [(5)] (6) the past and current interaction and relationship of the 554
	678	+	child with each parent, the child's siblings and any other person who 555
	679	+	may significantly affect the best interests of the child; [(6)] (7) the 556
	680	+	willingness and ability of each parent to facilitate and encourage such 557
	681	+	continuing parent-child relationship between the child and the other 558
	682	+	parent as is appropriate, including compliance with any court orders; 559
	683	+	[(7)] (8) any manipulation by or coercive behavior of the parents in an 560
	684	+	effort to involve the child in the parents' dispute; [(8)] (9) the ability of 561
	685	+	each parent to be actively involved in the life of the child; [(9)] (10) the 562
	686	+	child's adjustment to his or her home, school and community 563
	687	+	environments; [(10)] (11) the length of time that the child has lived in a 564
	688	+	stable and satisfactory environment and the desirability of maintaining 565
	689	+	continuity in such environment, provided the court may consider 566
	690	+	favorably a parent who voluntarily leaves the child's family home 567
	691	+	pendente lite in order to alleviate stress in the household; [(11)] (12) the 568
	692	+	stability of the child's existing or proposed residences, or both; [(12)] (13) 569
	693	+	the mental and physical health of all individuals involved, except that a 570
	694	+	disability of a proposed custodial parent or other party, in and of itself, 571
	695	+	shall not be determinative of custody unless the proposed custodial 572
	696	+	arrangement is not in the best interests of the child; [(13)] (14) the child's 573
	697	+	cultural background; [(14)] (15) the effect on the child of [the actions of 574
	698	+	an abuser, if] any domestic violence, as described in section 46b-15, as 575 Substitute Bill No. 1091
882	699
883		-	spouse, domestic partner or other household member. For purposes of
884		-	this subsection, allegations of domestic violence may be substantiated
885		-	by the commissioner pursuant to the provisions of subsection (b) of
886		-	section 17b-112a, and "family" has the same meaning as used in section
887		-	17b-112, except as otherwise provided in this subsection.
888		-	Sec. 15. (NEW) (Effective from passage) (a) There is established a grant
889		-	program to provide individuals who are indigent with access to legal
890		-	assistance at no cost when making an application for a restraining order
891		-	under section 46b-15 of the general statutes, as amended by this act. The
892		-	grant program shall be administered by the organization that
893		-	administers the program for the use of interest earned on lawyers'
894		-	clients' funds accounts pursuant to section 51-81c of the general statutes.
895		-	Funds appropriated to the Judicial Branch for the purpose of the grant
896		-	program shall be transferred to the organization administering the
897		-	program.
898		-	(b) Not later than three months after receiving funding in any year
899		-	from the state, the organization administering the program shall issue a
900		-	request for proposals from nonprofit entities whose principal purpose
901		-	is providing legal services at no cost to individuals who are indigent, for
902		-	the purpose of awarding grants to provide counsel to indigent
903		-	individuals who express an interest in applying for a restraining order
904		-	pursuant to section 46b-15 of the general statutes, as amended by this
905		-	act, and, to the extent practicable within the funding awarded,
906		-	representing such individuals throughout the process of applying for
907		-	such restraining order, including at prehearing conferences and at the
908		-	hearing on an application. A nonprofit entity responding to the request
909		-	for proposals may partner with law schools or other non-profit entities
910		-	or publicly funded organizations that are not governmental entities, for
911		-	the provision of services pursuant to a grant. Each response to the
912		-	request for proposals shall specify the judicial district courthouse, or
913		-	courthouses, for which services will be provided. Substitute Senate Bill No. 1091
914	700
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916	704
917		-	(c) The organization administering the program may only award a
918		-	grant (1) to provide services in the judicial districts of Fairfield,
919		-	Hartford, New Haven, Stamford-Norwalk or Waterbury, and (2) in an
920		-	amount not to exceed two hundred thousand dollars, except that a grant
921		-	to provide services in the judicial district with the highest average
922		-	number of applications for restraining orders under section 46b-15 of
923		-	the general statutes, as amended by this act, over the previous three
924		-	fiscal years may receive a grant of not more than four hundred thousand
925		-	dollars. Grants may not be used to provide services to individuals who
926		-	are not indigent.
927		-	(d) The organization administering the program may only award a
928		-	grant to a nonprofit entity whose principal purpose is providing legal
929		-	services to individuals who are indigent, if such nonprofit entity
930		-	demonstrates the ability to:
931		-	(1) Verify at the time of meeting with an individual that such
932		-	potential client is indigent and meets applicable household income
933		-	eligibility requirements set by the entity;
934		-	(2) Arrange for at least one individual who has the relevant training
935		-	or experience and is authorized to provide legal counsel to eligible
936		-	indigent individuals who express an interest in applying for a
937		-	restraining order, to be present in the courthouse or courthouses
938		-	identified in response to the request for proposals or be available to meet
939		-	remotely during all business hours;
940		-	(3) To the greatest extent practicable within the funding awarded,
941		-	provide continued representation to eligible indigent individuals
942		-	throughout the restraining order process, including in court for the
943		-	hearing on the restraining order, when such individuals request such
944		-	continued representation after receiving assistance with a restraining
945		-	order application; Substitute Senate Bill No. 1091
	705	+	amended by this act, that has occurred between the parents or between 576
	706	+	a parent and another individual or the child; [(15)] (16) whether the child 577
	707	+	or a sibling of the child has been abused or neglected, as defined 578
	708	+	respectively in section 46b-120; and [(16)] (17) whether the party 579
	709	+	satisfactorily completed participation in a parenting education program 580
	710	+	established pursuant to section 46b-69b. The court is not required to 581
	711	+	assign any weight to any of the factors that it considers, but shall 582
	712	+	articulate the basis for its decision. 583
	713	+	(d) Upon the issuance of any order assigning custody of the child to 584
	714	+	the Commissioner of Children and Families, or not later than sixty days 585
	715	+	after the issuance of such order, the court shall make a determination 586
	716	+	whether the Department of Children and Families made reasonable 587
	717	+	efforts to keep the child with his or her parents prior to the issuance of 588
	718	+	such order and, if such efforts were not made, whether such reasonable 589
	719	+	efforts were not possible, taking into consideration the best interests of 590
	720	+	the child, including the child's health and safety. 591
	721	+	(e) In determining whether a child is in need of support and, if in 592
	722	+	need, the respective abilities of the parents to provide support, the court 593
	723	+	shall take into consideration all the factors enumerated in section 46b-594
	724	+	84. 595
	725	+	(f) When the court is not sitting, any judge of the court may make any 596
	726	+	order in the cause which the court might make under this section, 597
	727	+	including orders of injunction, prior to any action in the cause by the 598
	728	+	court. 599
	729	+	(g) A parent not granted custody of a minor child shall not be denied 600
	730	+	the right of access to the academic, medical, hospital or other health 601
	731	+	records of such minor child, unless otherwise ordered by the court for 602
	732	+	good cause shown. 603
	733	+	(h) Notwithstanding the provisions of subsections (b) and (c) of this 604
	734	+	section, when a motion for modification of custody or visitation is 605
	735	+	pending before the court or has been decided by the court and the 606 Substitute Bill No. 1091
946	736
947		-	Public Act No. 21-78 29 of 41
948	737
949		-	(4) Provide any individual in the courthouse who expresses an
950		-	interest in applying for a restraining order with all applicable forms that
951		-	may be necessary to apply for a restraining order; and
952		-	(5) Track and report to the organization administering the program
953		-	on the services provided pursuant to the program, including (A) the
954		-	procedural outcomes of restraining order applications filed, (B) the
955		-	number of instances where legal counsel was provided prior to the filing
956		-	of an application but not during the remainder of the restraining order
957		-	process, and the reasons limiting the duration of such representation,
958		-	and (C) information on any other legal representation provided to
959		-	individuals pursuant to the program on matters that were ancillary to
960		-	the circumstances that supported the application for a restraining order.
961		-	(e) In awarding grants, the organization administering the program
962		-	shall give preference to nonprofit entities (1) that demonstrate the ability
963		-	to provide legal representation to clients regarding matters ancillary to
964		-	the circumstances that supported the application for a restraining order;
965		-	(2) with experience offering legal representation to individuals during
966		-	the restraining order process; or (3) that can provide quality remote
967		-	services should courthouses be closed to the public.
968		-	(f) The Chief Court Administrator shall:
969		-	(1) Provide each grant recipient with office space, if available, in the
970		-	judicial district courthouse or courthouses served by such recipient
971		-	under the grant program to conduct intake interviews and assist clients
972		-	with applications for restraining orders;
973		-	(2) Require court clerks at such courthouses, prior to accepting an
974		-	application for a restraining order pursuant to section 46b-15 of the
975		-	general statutes, as amended by this act, to (A) inform each individual
976		-	filing such application, or inquiring about filing such an application,
977		-	that pro bono legal services are available from the grant recipient for Substitute Senate Bill No. 1091
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978	741
979		-	Public Act No. 21-78 30 of 41
	742	+	investigation ordered by the court pursuant to section 46b-6 607
	743	+	recommends psychiatric or psychological therapy for a child, and such 608
	744	+	therapy would, in the court's opinion, be in the best interests of the child 609
	745	+	and aid the child's response to a modification, the court may order such 610
	746	+	therapy and reserve judgment on the motion for modification. 611
	747	+	(i) As part of a decision concerning custody or visitation, the court 612
	748	+	may order either parent or both of the parents and any child of such 613
	749	+	parents to participate in counseling and drug or alcohol screening, 614
	750	+	provided such participation is in the best interests of the child. 615
	751	+	Sec. 9. (NEW) (Effective October 1, 2021) In any family relations matter 616
	752	+	described in section 46b-1 of the general statutes, as amended by this 617
	753	+	act, if the court finds that a pattern of frivolous and intentionally 618
	754	+	fabricated pleadings or motions are filed by one party, the court shall 619
	755	+	sanction such party in an appropriate manner so as to allow such matter 620
	756	+	to proceed without undue delay or obstruction by the party filing such 621
	757	+	pleadings or motions. 622
	758	+	Sec. 10. Section 51-27h of the general statutes is repealed and the 623
	759	+	following is substituted in lieu thereof (Effective July 1, 2021): 624
	760	+	The Chief Court Administrator shall provide in each court where 625
	761	+	family matters or family violence matters are heard or where a domestic 626
	762	+	violence docket, as defined in section 51-181e, is located a secure room 627
	763	+	for victims of family violence crimes and advocates for victims of family 628
	764	+	violence crimes which is separate from any public or private area of the 629
	765	+	court intended to accommodate the respondent or defendant or the 630
	766	+	respondent's or defendant's family, friends, attorneys or witnesses and 631
	767	+	separate from the office of the state's attorney, provided such a room is 632
	768	+	available and the use of such room is practical. Any courthouse 633
	769	+	constructed on or after July 1, 2021, shall include such a room. 634
	770	+	Sec. 11. Section 51-27i of the general statutes is repealed and the 635
	771	+	following is substituted in lieu thereof (Effective October 1, 2021): 636
	772	+	(a) As used in this section: 637 Substitute Bill No. 1091
980	773
981		-	income-eligible individuals and, if office space has been provided to the
982		-	grant recipient, where the grant recipient is located in the courthouse,
983		-	and (B) if cards or pamphlets containing information about pro bono
984		-	legal services have been provided to the courthouse by the grant
985		-	recipient, provide such a card or pamphlet to the individual; and
986		-	(3) If a poster of reasonable size containing information about pro
987		-	bono legal services has been provided to a courthouse served by a grant
988		-	recipient, require the display of such poster in a manner that is visible
989		-	to the public at or near the location where applications for a restraining
990		-	order are filed in such courthouse.
991		-	(g) The Chief Court Administrator shall post on the Internet web site
992		-	of the Judicial Branch where instructions for filing a restraining order
993		-	pursuant to section 46b-15 of the general statutes, as amended by this
994		-	act, are provided, information on the pro bono legal services available
995		-	from grant recipients for income-eligible individuals at the applicable
996		-	courthouses.
997		-	(h) For each year that funding is provided for the program under this
998		-	section, the organization administering the program shall either
999		-	conduct, or partner with an academic institution or other qualified
1000		-	entity for the purpose of conducting, an analysis of the impact of the
1001		-	program, including, but not limited to, (1) the procedural outcomes for
1002		-	applications filed in association with services provided by grant
1003		-	recipients under the program, (2) the types and extent of legal services
1004		-	provided to individuals served pursuant to the program, including on
1005		-	matters ancillary to the restraining order application, and (3) the
1006		-	number of cases where legal services were provided before an
1007		-	application was filed but legal representation did not continue during
1008		-	the restraining order process and the reasons for such limited
1009		-	representations. Not later than July first of the year following any year
1010		-	in which the program received funding, the organization administering
1011		-	the program shall submit a report on the results of such analysis in Substitute Senate Bill No. 1091
1012	774
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1014	778
1015		-	accordance with the provisions of section 11-4a of the general statutes,
1016		-	to the joint standing committee of the General Assembly having
1017		-	cognizance of matters relating to the judiciary.
1018		-	(i) Up to five per cent of the total amount received by the organization
1019		-	administering the grant program may be used for the reasonable costs
1020		-	of administering the program, including the completion of the analysis
1021		-	and report required by subsection (h) of this section.
1022		-	Sec. 16. Subsections (a) and (b) of section 54-64a of the general statutes
1023		-	are repealed and the following is substituted in lieu thereof (Effective
1024		-	October 1, 2021):
1025		-	(a) (1) Except as provided in subdivision (2) of this subsection and
1026		-	subsection (b) of this section, when any arrested person is presented
1027		-	before the Superior Court, said court shall, in bailable offenses,
1028		-	promptly order the release of such person upon the first of the following
1029		-	conditions of release found sufficient to reasonably ensure the
1030		-	appearance of the arrested person in court: (A) Upon execution of a
1031		-	written promise to appear without special conditions, (B) upon
1032		-	execution of a written promise to appear with nonfinancial conditions,
1033		-	(C) upon execution of a bond without surety in no greater amount than
1034		-	necessary, (D) upon execution of a bond with surety in no greater
1035		-	amount than necessary, but in no event shall a judge prohibit a bond
1036		-	from being posted by surety. In addition to or in conjunction with any
1037		-	of the conditions enumerated in subparagraphs (A) to (D), inclusive, of
1038		-	this subdivision the court may, when it has reason to believe that the
1039		-	person is drug-dependent and where necessary, reasonable and
1040		-	appropriate, order the person to submit to a urinalysis drug test and to
1041		-	participate in a program of periodic drug testing and treatment. The
1042		-	results of any such drug test shall not be admissible in any criminal
1043		-	proceeding concerning such person.
1044		-	(2) If the arrested person is charged with no offense other than a Substitute Senate Bill No. 1091
	779	+	(1) "Domestic violence agency" means any office, shelter, host home 638
	780	+	or agency offering assistance to victims of domestic violence through 639
	781	+	crisis intervention, emergency shelter referral and medical and legal 640
	782	+	advocacy, and which meets the Department of Social Services' criteria 641
	783	+	of service provision for such agencies. 642
	784	+	(2) "Family violence victim advocate" means a person (A) who is 643
	785	+	employed by and under the control of a direct service supervisor of a 644
	786	+	domestic violence agency, (B) who has undergone a minimum of twenty 645
	787	+	hours of training which shall include, but not be limited to, the 646
	788	+	dynamics of domestic violence, crisis intervention, communication 647
	789	+	skills, working with diverse populations, an overview of the state 648
	790	+	criminal justice and civil family court systems and information about 649
	791	+	state and community resources for victims of domestic violence, (C) 650
	792	+	who is certified as a counselor by the domestic violence agency that 651
	793	+	provided such training, and (D) whose primary purpose is the 652
	794	+	rendering of advice, counsel and assistance to, and the advocacy of the 653
	795	+	cause of, victims of domestic violence. 654
	796	+	(b) The Chief Court Administrator shall permit one or more family 655
	797	+	violence victim advocates to provide services to victims of domestic 656
	798	+	violence in (1) the Family Division of the Superior Court in [one or more 657
	799	+	judicial districts] each judicial district, and (2) each geographical area 658
	800	+	court in the state. 659
	801	+	(c) Notwithstanding any provision of the general statutes, upon 660
	802	+	request, a family violence victim advocate providing services in the 661
	803	+	Family Division of the Superior Court or a geographical area court shall 662
	804	+	be provided with a copy of any police report in the possession of the 663
	805	+	state's attorney, the Division of State Police within the Department of 664
	806	+	Emergency Services and Public Protection, any municipal police 665
	807	+	department or any other law enforcement agency that the family 666
	808	+	violence victim advocate requires to perform the responsibilities and 667
	809	+	duties set forth in subsection (b) of this section. 668
	810	+	Sec. 12. Section 17b-105a of the general statutes is repealed and the 669 Substitute Bill No. 1091
1045	811
1046		-	Public Act No. 21-78 32 of 41
1047	812
1048		-	misdemeanor, the court shall not impose financial conditions of release
1049		-	on the person unless (A) the person is charged with a family violence
1050		-	crime, as defined in section 46b-38a, as amended by this act, or (B) the
1051		-	person requests such financial conditions, or (C) the court makes a
1052		-	finding on the record that there is a likely risk that (i) the arrested person
1053		-	will fail to appear in court, as required, or (ii) the arrested person will
1054		-	obstruct or attempt to obstruct justice, or threaten, injure or intimidate
1055		-	or attempt to threaten, injure or intimidate a prospective witness or
1056		-	juror, or (iii) the arrested person will engage in conduct that threatens
1057		-	the safety of himself or herself or another person. In making a finding
1058		-	described in this subsection, the court may consider past criminal
1059		-	history, including any prior record of failing to appear as required in
1060		-	court that resulted in any conviction for a violation of section 53a-172 or
1061		-	any conviction during the previous ten years for a violation of section
1062		-	53a-173 and any other pending criminal cases of the person charged
1063		-	with a misdemeanor.
1064		-	(3) The court may, in determining what conditions of release will
1065		-	reasonably ensure the appearance of the arrested person in court,
1066		-	consider the following factors: (A) The nature and circumstances of the
1067		-	offense, (B) such person's record of previous convictions, (C) such
1068		-	person's past record of appearance in court, (D) such person's family
1069		-	ties, (E) such person's employment record, (F) such person's financial
1070		-	resources, character and mental condition, [and] (G) such person's
1071		-	community ties, and (H) in the case of a violation of 53a-222a when the
1072		-	condition of release was issued for a family violence crime, as defined
1073		-	in section 46b-38a, as amended by this act, the heightened risk posed to
1074		-	victims of family violence by violations of conditions of release.
1075		-	(b) (1) When any arrested person charged with the commission of a
1076		-	class A felony, a class B felony, except a violation of section 53a-86 or
1077		-	53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or
1078		-	53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, Substitute Senate Bill No. 1091
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1079	816
1080		-	Public Act No. 21-78 33 of 41
	817	+	following is substituted in lieu thereof (Effective July 1, 2021): 670
	818	+	(a) The Commissioner of Social Services shall seek a waiver from 671
	819	+	federal law to allow persons who live in an area in which (1) the 672
	820	+	unemployment rate is greater than ten per cent, or (2) there is an 673
	821	+	insufficient number of jobs to provide such persons with employment, 674
	822	+	to be exempt from the three-month participation limit of the 675
	823	+	supplemental nutrition assistance program implemented pursuant to 676
	824	+	the Food and Nutrition Act of 2008. 677
	825	+	(b) The Commissioner of Social Services shall implement vehicle 678
	826	+	evaluation provisions in accordance with 7 CFR 273.8(f)(4). 679
	827	+	(c) The Commissioner of Social Services, pursuant to 7 USC 680
	828	+	2014(e)(6), shall implement the federal option to mandate the use of a 681
	829	+	standard utility allowance, to be used in place of actual utility costs, for 682
	830	+	purposes of calculating the excess shelter deduction of applicants for, or 683
	831	+	recipients of, supplemental nutrition assistance program benefits. 684
	832	+	Pursuant to 7 USC 2014(e)(6)(C)(iii)(III), the commissioner shall not 685
	833	+	prorate a standard utility allowance based upon the fact that an assisted 686
	834	+	household shares the utility with an individual who is not a member of 687
	835	+	the assisted household. 688
	836	+	(d) The Commissioner of Social Services, to the extent permissible 689
	837	+	under federal law, shall (1) expedite supplemental nutrition assistance 690
	838	+	program eligibility determinations for a victim of domestic violence, as 691
	839	+	defined in section 17b-112a, and (2) provide an eligible victim 692
	840	+	temporary supplemental nutrition assistance program benefits for not 693
	841	+	less than ninety days before redetermining eligibility for benefits. In 694
	842	+	conducting an expedited initial eligibility determination, the 695
	843	+	commissioner shall subtract from such victim's household income the 696
	844	+	income of any spouse, domestic partner or other household member 697
	845	+	credibly accused by such victim of domestic violence. For purposes of 698
	846	+	this subsection, allegations of domestic violence may be substantiated 699
	847	+	by the commissioner pursuant to the provisions of subsection (b) of 700
	848	+	section 17b-112a. 701 Substitute Bill No. 1091
1081	849
1082		-	section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216,
1083		-	or a family violence crime, as defined in section 46b-38a, as amended by
1084		-	this act, is presented before the Superior Court, said court shall, in
1085		-	bailable offenses, promptly order the release of such person upon the
1086		-	first of the following conditions of release found sufficient to reasonably
1087		-	ensure the appearance of the arrested person in court and that the safety
1088		-	of any other person will not be endangered: (A) Upon such person's
1089		-	execution of a written promise to appear without special conditions, (B)
1090		-	upon such person's execution of a written promise to appear with
1091		-	nonfinancial conditions, (C) upon such person's execution of a bond
1092		-	without surety in no greater amount than necessary, (D) upon such
1093		-	person's execution of a bond with surety in no greater amount than
1094		-	necessary, but in no event shall a judge prohibit a bond from being
1095		-	posted by surety. In addition to or in conjunction with any of the
1096		-	conditions enumerated in subparagraphs (A) to (D), inclusive, of this
1097		-	subdivision, the court may, when it has reason to believe that the person
1098		-	is drug-dependent and where necessary, reasonable and appropriate,
1099		-	order the person to submit to a urinalysis drug test and to participate in
1100		-	a program of periodic drug testing and treatment. The results of any
1101		-	such drug test shall not be admissible in any criminal proceeding
1102		-	concerning such person.
1103		-	(2) The court may, in determining what conditions of release will
1104		-	reasonably ensure the appearance of the arrested person in court and
1105		-	that the safety of any other person will not be endangered, consider the
1106		-	following factors: (A) The nature and circumstances of the offense, (B)
1107		-	such person's record of previous convictions, (C) such person's past
1108		-	record of appearance in court after being admitted to bail, (D) such
1109		-	person's family ties, (E) such person's employment record, (F) such
1110		-	person's financial resources, character and mental condition, (G) such
1111		-	person's community ties, (H) the number and seriousness of charges
1112		-	pending against the arrested person, (I) the weight of the evidence
1113		-	against the arrested person, (J) the arrested person's history of violence, Substitute Senate Bill No. 1091
1114	850
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1116	854
1117		-	(K) whether the arrested person has previously been convicted of
1118		-	similar offenses while released on bond, [and] (L) the likelihood based
1119		-	upon the expressed intention of the arrested person that such person
1120		-	will commit another crime while released, and (M) the heightened risk
1121		-	posed to victims of family violence by violations of conditions of release
1122		-	and court orders of protection.
1123		-	(3) When imposing conditions of release under this subsection, the
1124		-	court shall state for the record any factors under subdivision (2) of this
1125		-	subsection that it considered and the findings that it made as to the
1126		-	danger, if any, that the arrested person might pose to the safety of any
1127		-	other person upon the arrested person's release that caused the court to
1128		-	impose the specific conditions of release that it imposed.
1129		-	Sec. 17. Subsection (a) of section 53a-181j of the general statutes is
1130		-	repealed and the following is substituted in lieu thereof (Effective October
1131		-	1, 2021):
1132		-	(a) A person is guilty of intimidation based on bigotry or bias in the
1133		-	first degree when such person maliciously, and with specific intent to
1134		-	intimidate or harass another person [because of] motivated in whole or
1135		-	in substantial part by the actual or perceived race, religion, ethnicity,
1136		-	disability, sex, sexual orientation or gender identity or expression of
1137		-	such other person, causes physical injury to such other person or to a
1138		-	third person.
1139		-	Sec. 18. Subsection (a) of section 53a-181k of the general statutes is
1140		-	repealed and the following is substituted in lieu thereof (Effective October
1141		-	1, 2021):
1142		-	(a) A person is guilty of intimidation based on bigotry or bias in the
1143		-	second degree when such person maliciously, and with specific intent
1144		-	to intimidate or harass another person or group of persons [because of]
1145		-	motivated in whole or in substantial part by the actual or perceived race, Substitute Senate Bill No. 1091
	855	+	Sec. 13. Subsections (b) and (c) of section 17b-749 of the general 702
	856	+	statutes are repealed and the following is substituted in lieu thereof 703
	857	+	(Effective July 1, 2021): 704
	858	+	(b) The commissioner shall establish income standards for applicants 705
	859	+	and recipients at a level to include a family with gross income up to fifty 706
	860	+	per cent of the state-wide median income, except the commissioner: (1) 707
	861	+	[may] May increase the income level up to the maximum level allowed 708
	862	+	under federal law, (2) upon the request of the Commissioner of Children 709
	863	+	and Families, may waive the income standards for adoptive families so 710
	864	+	that children adopted [on or after October 1, 1999,] from the Department 711
	865	+	of Children and Families are eligible for the child care subsidy program, 712
	866	+	[and (3) on and after March 1, 2003,] (3) shall waive the income 713
	867	+	standards for not less than ninety days from the date of application for 714
	868	+	a victim of domestic violence, as defined in section 17b-112a, at which 715
	869	+	time the commissioner shall redetermine eligibility based upon the 716
	870	+	income standards, and (4) shall reduce the income eligibility level to up 717
	871	+	to fifty-five per cent of the state-wide median income for applicants and 718
	872	+	recipients who qualify based on their loss of eligibility for temporary 719
	873	+	family assistance. For purposes of this subsection, allegations of 720
	874	+	domestic violence may be substantiated by the commissioner pursuant 721
	875	+	to the provisions of subsection (b) of section 17b-112a. The 722
	876	+	commissioner may adopt regulations in accordance with chapter 54 to 723
	877	+	establish income criteria and durational requirements for such waiver 724
	878	+	of income standards. 725
	879	+	(c) The commissioner, in consultation with the Commissioner of 726
	880	+	Social Services, shall establish eligibility and program standards 727
	881	+	including, but not limited to: (1) A priority intake and eligibility system 728
	882	+	with preference given to serving (A) victims of domestic violence, as 729
	883	+	defined in section 17b-112a, (B) recipients of temporary family 730
	884	+	assistance who are employed or engaged in employment activities 731
	885	+	under the Department of Social Services' "Jobs First" program, [(B)] (C) 732
	886	+	working families whose temporary family assistance was discontinued 733
	887	+	not more than five years prior to the date of application for the child care 734 Substitute Bill No. 1091
1146	888
1147		-	Public Act No. 21-78 35 of 41
1148	889
1149		-	religion, ethnicity, disability, sex, sexual orientation or gender identity
1150		-	or expression of such other person or group of persons, does any of the
1151		-	following: (1) Causes physical contact with such other person or group
1152		-	of persons, (2) damages, destroys or defaces any real or personal
1153		-	property of such other person or group of persons, or (3) threatens, by
1154		-	word or act, to do an act described in subdivision (1) or (2) of this
1155		-	subsection, if there is reasonable cause to believe that an act described
1156		-	in subdivision (1) or (2) of this subsection will occur.
1157		-	Sec. 19. Subsection (a) of section 53a-181l of the general statutes is
1158		-	repealed and the following is substituted in lieu thereof (Effective October
1159		-	1, 2021):
1160		-	(a) A person is guilty of intimidation based on bigotry or bias in the
1161		-	third degree when such person, with specific intent to intimidate or
1162		-	harass another person or group of persons [because of] motivated in
1163		-	whole or in substantial part by the actual or perceived race, religion,
1164		-	ethnicity, disability, sex, sexual orientation or gender identity or
1165		-	expression of such other person or persons: (1) Damages, destroys or
1166		-	defaces any real or personal property, or (2) threatens, by word or act,
1167		-	to do an act described in subdivision (1) of this subsection or advocates
1168		-	or urges another person to do an act described in subdivision (1) of this
1169		-	subsection, if there is reasonable cause to believe that an act described
1170		-	in said subdivision will occur.
1171		-	Sec. 20. (NEW) (Effective October 1, 2021) (a) Upon the request of a
1172		-	tenant, a landlord shall change the locks or permit the tenant to change
1173		-	the locks to a tenant's dwelling unit when: (1) The tenant is named as a
1174		-	protected person in (A) a protective or restraining order issued by a
1175		-	court of this state, including, but not limited to, an order issued pursuant
1176		-	to sections 46b-15, 46b-16a, 46b-38c, 53a-40e and 54-1k of the general
1177		-	statutes, as amended by this act, that is in effect at the time the tenant
1178		-	makes such request of the landlord, or (B) a foreign order of protection
1179		-	that has been registered in this state pursuant to section 46b-15a of the Substitute Senate Bill No. 1091
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1180	893
1181		-	Public Act No. 21-78 36 of 41
	894	+	subsidy program, [(C)] (D) teen parents, [(D)] (E) low-income working 735
	895	+	families, [(E)] (F) adoptive families of children who were adopted from 736
	896	+	the Department of Children and Families and who are granted a waiver 737
	897	+	of income standards under subdivision (2) of subsection (b) of this 738
	898	+	section, and [(F)] (G) working families who are at risk of welfare 739
	899	+	dependency; (2) health and safety standards for child care providers not 740
	900	+	required to be licensed; (3) a reimbursement system for child care 741
	901	+	services which account for differences in the age of the child, number of 742
	902	+	children in the family, the geographic region and type of care provided 743
	903	+	by licensed and unlicensed caregivers, the cost and type of services 744
	904	+	provided by licensed and unlicensed caregivers, successful completion 745
	905	+	of fifteen hours of annual in-service training or credentialing of child 746
	906	+	care directors and administrators, and program accreditation; (4) 747
	907	+	supplemental payment for special needs of the child and extended 748
	908	+	nontraditional hours; (5) an annual rate review process for providers 749
	909	+	which assures that reimbursement rates are maintained at levels which 750
	910	+	permit equal access to a variety of child care settings; (6) a sliding 751
	911	+	reimbursement scale for participating families; (7) an administrative 752
	912	+	appeals process; (8) an administrative hearing process to adjudicate 753
	913	+	cases of alleged fraud and abuse and to impose sanctions and recover 754
	914	+	overpayments; (9) an extended period of program and payment 755
	915	+	eligibility when a parent who is receiving a child care subsidy 756
	916	+	experiences a temporary interruption in employment or other approved 757
	917	+	activity; and (10) a waiting list for the child care subsidy program that 758
	918	+	(A) allows the commissioner to exercise discretion in prioritizing within 759
	919	+	and between existing priority groups, including, but not limited to, 760
	920	+	children described in 45 CFR 98.46, as amended from time to time, and 761
	921	+	households with an infant or toddler, and (B) reflects the priority and 762
	922	+	eligibility system set forth in subdivision (1) of this subsection [, which 763
	923	+	is reviewed periodically,] with the inclusion of this information in the 764
	924	+	annual report required to be issued [annually] by the office to the 765
	925	+	Governor and the General Assembly in accordance with section 17b-733. 766
	926	+	Such action will include, but not be limited to, family income, age of 767
	927	+	child, region of state and length of time on such waiting list. 768 Substitute Bill No. 1091
1182	928
1183		-	general statutes, as amended by this act, that is in effect at the time the
1184		-	tenant makes such request of the landlord; (2) the protective order,
1185		-	restraining order or foreign order of protection requires the respondent
1186		-	or defendant to (A) stay away from the home of the tenant, or (B) stay a
1187		-	minimum distance away from the tenant; and (3) the tenant provides a
1188		-	copy of such protective order, restraining order or foreign order of
1189		-	protection to the landlord. A landlord who is required to change a
1190		-	tenant's locks or permit the tenant to change a tenant's locks under this
1191		-	subsection shall, not later than six hours after receipt of the request,
1192		-	inform the tenant whether the landlord will change the locks or permit
1193		-	the tenant to change the locks. If the landlord agrees to change the locks,
1194		-	the landlord shall do so not later than forty-eight hours after the date
1195		-	that the tenant makes such request.
1196		-	(b) If a landlord has informed the tenant that the tenant is responsible
1197		-	for changing the locks, fails to change the locks, or fails to permit a
1198		-	tenant to change the locks within the timeframe prescribed under
1199		-	subsection (a) of this section, the tenant may proceed to change the
1200		-	locks. If a tenant changes the locks, the tenant shall ensure that the locks
1201		-	are changed in a workmanlike manner, utilizing locks of similar or
1202		-	improved quality as compared to the original locks. The landlord may
1203		-	replace a lock installed by or at the behest of a tenant if the locks installed
1204		-	were not of similar or improved quality or were not installed properly.
1205		-	If a tenant changes the locks to his or her dwelling unit under this
1206		-	subsection, the tenant shall provide a key to the new locks to the
1207		-	landlord not later than two business days after the date on which the
1208		-	locks were changed, except when good cause prevents the tenant from
1209		-	providing a key to the landlord within the prescribed time period.
1210		-	(c) When a landlord changes the locks to a dwelling unit under
1211		-	subsection (a) or (b) of this section, the landlord (1) shall, if using a
1212		-	professional contractor or locksmith, be responsible for payment to such
1213		-	contractor or locksmith, (2) shall, at or prior to the time of changing such Substitute Senate Bill No. 1091
1214	929
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1216	933
1217		-	locks, provide a key to the new locks to the tenant, and (3) may charge
1218		-	a fee to the tenant not exceeding the actual reasonable cost of changing
1219		-	the locks. If the tenant fails to pay the fee, such cost may be recouped by
1220		-	suit against the tenant or as a deduction from the security deposit when
1221		-	the tenant vacates the dwelling unit, but shall not be the basis for a
1222		-	summary process action under chapter 832 of the general statutes. For
1223		-	purposes of this subsection, "actual reasonable cost" means the cost of
1224		-	the lock mechanism, as well as the fee paid by the landlord for
1225		-	professional contractor or locksmith services.
1226		-	(d) A landlord may reprogram a digital or electronic lock with a new
1227		-	entry code to comply with the provisions of this section.
1228		-	(e) If a tenant residing in the dwelling unit is named as the respondent
1229		-	or defendant in an order described in subsection (a) of this section and
1230		-	under such order is required to stay away from the dwelling unit, the
1231		-	landlord shall not provide a key to such tenant for the new locks. Absent
1232		-	a court order permitting a tenant who is the respondent or defendant in
1233		-	such order to return to the dwelling unit to retrieve his or her
1234		-	possessions and personal effects, the landlord has no duty under the
1235		-	rental agreement or by law to allow such tenant access to the dwelling
1236		-	unit once the landlord has been provided with a court order requiring
1237		-	such tenant to stay away from the dwelling unit, and the landlord shall
1238		-	not permit such tenant to access the dwelling unit. Any tenant excluded
1239		-	from the dwelling unit under this section remains liable under the rental
1240		-	agreement with any other tenant of the dwelling unit for rent or
1241		-	damages to the dwelling unit.
1242		-	(f) A landlord may not require a tenant who is named as a protected
1243		-	person under an order described in subsection (a) of this section to pay
1244		-	additional rent or an additional deposit or fee because of the exclusion
1245		-	of the tenant who is named as the respondent or defendant in such
1246		-	order. Substitute Senate Bill No. 1091
	934	+	Sec. 14. Subsection (c) of section 17b-191 of the general statutes is 769
	935	+	repealed and the following is substituted in lieu thereof (Effective July 1, 770
	936	+	2021): 771
	937	+	(c) To be eligible for cash assistance under the program, a person shall 772
	938	+	(1) be (A) eighteen years of age or older; (B) a minor found by a court to 773
	939	+	be emancipated pursuant to section 46b-150; or (C) under eighteen years 774
	940	+	of age and the commissioner determines good cause for such person's 775
	941	+	eligibility, and (2) not have assets exceeding two hundred fifty dollars 776
	942	+	or, if such person is married, such person and his or her spouse shall not 777
	943	+	have assets exceeding five hundred dollars. In determining eligibility, 778
	944	+	the commissioner shall not consider as income (A) Aid and Attendance 779
	945	+	pension benefits granted to a veteran, as defined in section 27-103, or the 780
	946	+	surviving spouse of such veteran, or (B) for a period not less than ninety 781
	947	+	days from the date of application, the income of a spouse, domestic 782
	948	+	partner or other household member credibly accused of domestic 783
	949	+	violence by a victim of domestic violence, as defined in section 17b-112a. 784
	950	+	The commissioner shall redetermine the eligibility of a victim of 785
	951	+	domestic violence after ninety days. For purposes of this subsection, 786
	952	+	allegations of domestic violence may be substantiated by the 787
	953	+	commissioner pursuant to the provisions of subsection (b) of section 788
	954	+	17b-112a. No person who is a substance abuser and refuses or fails to 789
	955	+	enter available, appropriate treatment shall be eligible for cash 790
	956	+	assistance under the program until such person enters treatment. No 791
	957	+	person whose benefits from the temporary family assistance program 792
	958	+	have terminated as a result of time-limited benefits or for failure to 793
	959	+	comply with a program requirement shall be eligible for cash assistance 794
	960	+	under the program. 795
	961	+	Sec. 15. Section 38a-816 of the general statutes is repealed and the 796
	962	+	following is substituted in lieu thereof (Effective October 1, 2021): 797
	963	+	The following are defined as unfair methods of competition and 798
	964	+	unfair and deceptive acts or practices in the business of insurance: 799
	965	+	(1) Misrepresentations and false advertising of insurance policies. 800 Substitute Bill No. 1091
1247	966
1248		-	Public Act No. 21-78 38 of 41
1249	967
1250		-	(g) Any landlord or agent of such landlord who denies a tenant
1251		-	named as a respondent or defendant in an order described in subsection
1252		-	(a) of this section access to the dwelling unit pursuant to this section
1253		-	shall be immune from any civil liability arising from such denial,
1254		-	provided the landlord or agent complies with the provisions of this
1255		-	section and any applicable court order.
1256		-	Sec. 21. Section 47a-1 of the general statutes is repealed and the
1257		-	following is substituted in lieu thereof (Effective October 1, 2021):
1258		-	As used in this chapter and sections 47a-21, as amended by this act,
1259		-	47a-23 to 47a-23c, inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-
1260		-	35b, inclusive, 47a-41a, 47a-43 and 47a-46 and section 20 of this act:
1261		-	(a) "Action" includes recoupment, counterclaim, set-off, cause of
1262		-	action and any other proceeding in which rights are determined,
1263		-	including an action for possession.
1264		-	(b) "Building and housing codes" include any law, ordinance or
1265		-	governmental regulation concerning fitness for habitation or the
1266		-	construction, maintenance, operation, occupancy, use or appearance of
1267		-	any premises or dwelling unit.
1268		-	(c) "Dwelling unit" means any house or building, or portion thereof,
1269		-	which is occupied, is designed to be occupied, or is rented, leased or
1270		-	hired out to be occupied, as a home or residence of one or more persons.
1271		-	(d) "Landlord" means the owner, lessor or sublessor of the dwelling
1272		-	unit, the building of which it is a part or the premises.
1273		-	(e) "Owner" means one or more persons, jointly or severally, in whom
1274		-	is vested (1) all or part of the legal title to property, or (2) all or part of
1275		-	the beneficial ownership and a right to present use and enjoyment of the
1276		-	premises and includes a mortgagee in possession. Substitute Senate Bill No. 1091
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1277	971
1278		-	Public Act No. 21-78 39 of 41
	972	+	Making, issuing or circulating, or causing to be made, issued or 801
	973	+	circulated, any estimate, illustration, circular or statement, sales 802
	974	+	presentation, omission or comparison which: (A) Misrepresents the 803
	975	+	benefits, advantages, conditions or terms of any insurance policy; (B) 804
	976	+	misrepresents the dividends or share of the surplus to be received, on 805
	977	+	any insurance policy; (C) makes any false or misleading statements as 806
	978	+	to the dividends or share of surplus previously paid on any insurance 807
	979	+	policy; (D) is misleading or is a misrepresentation as to the financial 808
	980	+	condition of any person, or as to the legal reserve system upon which 809
	981	+	any life insurer operates; (E) uses any name or title of any insurance 810
	982	+	policy or class of insurance policies misrepresenting the true nature 811
	983	+	thereof; (F) is a misrepresentation, including, but not limited to, an 812
	984	+	intentional misquote of a premium rate, for the purpose of inducing or 813
	985	+	tending to induce to the purchase, lapse, forfeiture, exchange, 814
	986	+	conversion or surrender of any insurance policy; (G) is a 815
	987	+	misrepresentation for the purpose of effecting a pledge or assignment of 816
	988	+	or effecting a loan against any insurance policy; or (H) misrepresents 817
	989	+	any insurance policy as being shares of stock. 818
	990	+	(2) False information and advertising generally. Making, publishing, 819
	991	+	disseminating, circulating or placing before the public, or causing, 820
	992	+	directly or indirectly, to be made, published, disseminated, circulated or 821
	993	+	placed before the public, in a newspaper, magazine or other publication, 822
	994	+	or in the form of a notice, circular, pamphlet, letter or poster, or over any 823
	995	+	radio or television station, or in any other way, an advertisement, 824
	996	+	announcement or statement containing any assertion, representation or 825
	997	+	statement with respect to the business of insurance or with respect to 826
	998	+	any person in the conduct of his insurance business, which is untrue, 827
	999	+	deceptive or misleading. 828
	1000	+	(3) Defamation. Making, publishing, disseminating or circulating, 829
	1001	+	directly or indirectly, or aiding, abetting or encouraging the making, 830
	1002	+	publishing, disseminating or circulating of, any oral or written 831
	1003	+	statement or any pamphlet, circular, article or literature which is false 832
	1004	+	or maliciously critical of or derogatory to the financial condition of an 833 Substitute Bill No. 1091
1279	1005
1280		-	(f) "Person" means an individual, corporation, limited liability
1281		-	company, the state or any political subdivision thereof, or agency,
1282		-	business trust, estate, trust, partnership or association, two or more
1283		-	persons having a joint or common interest, and any other legal or
1284		-	commercial entity.
1285		-	(g) "Premises" means a dwelling unit and the structure of which it is
1286		-	a part and facilities and appurtenances therein and grounds, areas and
1287		-	facilities held out for the use of tenants generally or whose use is
1288		-	promised to the tenant.
1289		-	(h) "Rent" means all periodic payments to be made to the landlord
1290		-	under the rental agreement.
1291		-	(i) "Rental agreement" means all agreements, written or oral, and
1292		-	valid rules and regulations adopted under section 47a-9 or subsection
1293		-	(d) of section 21-70 embodying the terms and conditions concerning the
1294		-	use and occupancy of a dwelling unit or premises.
1295		-	(j) "Roomer" means a person occupying a dwelling unit, which unit
1296		-	does not include a refrigerator, stove, kitchen sink, toilet and shower or
1297		-	bathtub and one or more of these facilities are used in common by other
1298		-	occupants in the structure.
1299		-	(k) "Single-family residence" means a structure maintained and used
1300		-	as a single dwelling unit. Notwithstanding that a dwelling unit shares
1301		-	one or more walls with another dwelling unit or has a common parking
1302		-	facility, it is a single-family residence if it has direct access to a street or
1303		-	thoroughfare and does not share heating facilities, hot water equipment
1304		-	or any other essential facility or service with any other dwelling unit.
1305		-	(l) "Tenant" means the lessee, sublessee or person entitled under a
1306		-	rental agreement to occupy a dwelling unit or premises to the exclusion
1307		-	of others or as is otherwise defined by law. Substitute Senate Bill No. 1091
1308	1006
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1310	1010
1311		-	(m) "Tenement house" means any house or building, or portion
1312		-	thereof, which is rented, leased or hired out to be occupied, or is
1313		-	arranged or designed to be occupied, or is occupied, as the home or
1314		-	residence of three or more families, living independently of each other,
1315		-	and doing their cooking upon the premises, and having a common right
1316		-	in the halls, stairways or yards.
1317		-	Sec. 22. Subsection (a) of section 47a-21 of the general statutes is
1318		-	repealed and the following is substituted in lieu thereof (Effective October
1319		-	1, 2021):
1320		-	As used in this chapter:
1321		-	(1) "Accrued interest" means the interest due on a security deposit as
1322		-	provided in subsection (i) of this section, compounded annually to the
1323		-	extent applicable.
1324		-	(2) "Commissioner" means the Banking Commissioner.
1325		-	(3) "Escrow account" means any account at a financial institution
1326		-	which is not subject to execution by the creditors of the escrow agent
1327		-	and includes a clients' funds account.
1328		-	(4) "Escrow agent" means the person in whose name an escrow
1329		-	account is maintained.
1330		-	(5) "Financial institution" means any state bank and trust company,
1331		-	national bank, savings bank, federal savings bank, savings and loan
1332		-	association, and federal savings and loan association that is located in
1333		-	this state.
1334		-	(6) "Forwarding address" means the address to which a security
1335		-	deposit may be mailed for delivery to a former tenant.
1336		-	(7) "Landlord" means any landlord of residential real property, and
1337		-	includes (A) any receiver; (B) any successor; and (C) any tenant who Substitute Senate Bill No. 1091
	1011	+	insurer, and which is calculated to injure any person engaged in the 834
	1012	+	business of insurance. 835
	1013	+	(4) Boycott, coercion and intimidation. Entering into any agreement 836
	1014	+	to commit, or by any concerted action committing, any act of boycott, 837
	1015	+	coercion or intimidation resulting in or tending to result in unreasonable 838
	1016	+	restraint of, or monopoly in, the business of insurance. 839
	1017	+	(5) False financial statements. Filing with any supervisory or other 840
	1018	+	public official, or making, publishing, disseminating, circulating or 841
	1019	+	delivering to any person, or placing before the public, or causing, 842
	1020	+	directly or indirectly, to be made, published, disseminated, circulated or 843
	1021	+	delivered to any person, or placed before the public, any false statement 844
	1022	+	of financial condition of an insurer with intent to deceive; or making any 845
	1023	+	false entry in any book, report or statement of any insurer with intent to 846
	1024	+	deceive any agent or examiner lawfully appointed to examine into its 847
	1025	+	condition or into any of its affairs, or any public official to whom such 848
	1026	+	insurer is required by law to report, or who has authority by law to 849
	1027	+	examine into its condition or into any of its affairs, or, with like intent, 850
	1028	+	wilfully omitting to make a true entry of any material fact pertaining to 851
	1029	+	the business of such insurer in any book, report or statement of such 852
	1030	+	insurer. 853
	1031	+	(6) Unfair claim settlement practices. Committing or performing with 854
	1032	+	such frequency as to indicate a general business practice any of the 855
	1033	+	following: (A) Misrepresenting pertinent facts or insurance policy 856
	1034	+	provisions relating to coverages at issue; (B) failing to acknowledge and 857
	1035	+	act with reasonable promptness upon communications with respect to 858
	1036	+	claims arising under insurance policies; (C) failing to adopt and 859
	1037	+	implement reasonable standards for the prompt investigation of claims 860
	1038	+	arising under insurance policies; (D) refusing to pay claims without 861
	1039	+	conducting a reasonable investigation based upon all available 862
	1040	+	information; (E) failing to affirm or deny coverage of claims within a 863
	1041	+	reasonable time after proof of loss statements have been completed; (F) 864
	1042	+	not attempting in good faith to effectuate prompt, fair and equitable 865
	1043	+	settlements of claims in which liability has become reasonably clear; (G) 866 Substitute Bill No. 1091
1338	1044
1339		-	Public Act No. 21-78 41 of 41
1340	1045
1341		-	sublets his premises.
1342		-	(8) "Receiver" means any person who is appointed or authorized by
1343		-	any state, federal or probate court to receive rents from tenants, and
1344		-	includes trustees, executors, administrators, guardians, conservators,
1345		-	receivers, and receivers of rent.
1346		-	(9) "Rent receiver" means a receiver who lacks court authorization to
1347		-	return security deposits and to inspect the premises of tenants and
1348		-	former tenants.
1349		-	(10) "Residential real property" means real property containing one
1350		-	or more residential units, including residential units not owned by the
1351		-	landlord, and containing one or more tenants who paid a security
1352		-	deposit.
1353		-	(11) "Security deposit" means any advance rental payment, or any
1354		-	installment payment collected pursuant to section 47a-22a, except an
1355		-	advance payment for the first month's rent or a deposit for a key or any
1356		-	special equipment.
1357		-	(12) "Successor" means any person who succeeds to a landlord's
1358		-	interest whether by purchase, foreclosure or otherwise and includes a
1359		-	receiver.
1360		-	(13) "Tenant" means a tenant, as defined in section 47a-1, as amended
1361		-	by this act, or a resident, as defined in section 21-64.
1362		-	(14) "Tenant's obligations" means (A) the amount of any rental or
1363		-	utility payment due the landlord from a tenant; [and] (B) a tenant's
1364		-	obligations under the provisions of section 47a-11; and (C) the actual
1365		-	reasonable cost of changing the locks of the dwelling unit pursuant to
1366		-	section 20 of this act, if the tenant has not paid such cost.
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	1049	+
	1050	+	compelling insureds to institute litigation to recover amounts due under 867
	1051	+	an insurance policy by offering substantially less than the amounts 868
	1052	+	ultimately recovered in actions brought by such insureds; (H) 869
	1053	+	attempting to settle a claim for less than the amount to which a 870
	1054	+	reasonable man would have believed he was entitled by reference to 871
	1055	+	written or printed advertising material accompanying or made part of 872
	1056	+	an application; (I) attempting to settle claims on the basis of an 873
	1057	+	application which was altered without notice to, or knowledge or 874
	1058	+	consent of the insured; (J) making claims payments to insureds or 875
	1059	+	beneficiaries not accompanied by statements setting forth the coverage 876
	1060	+	under which the payments are being made; (K) making known to 877
	1061	+	insureds or claimants a policy of appealing from arbitration awards in 878
	1062	+	favor of insureds or claimants for the purpose of compelling them to 879
	1063	+	accept settlements or compromises less than the amount awarded in 880
	1064	+	arbitration; (L) delaying the investigation or payment of claims by 881
	1065	+	requiring an insured, claimant, or the physician of either to submit a 882
	1066	+	preliminary claim report and then requiring the subsequent submission 883
	1067	+	of formal proof of loss forms, both of which submissions contain 884
	1068	+	substantially the same information; (M) failing to promptly settle claims, 885
	1069	+	where liability has become reasonably clear, under one portion of the 886
	1070	+	insurance policy coverage in order to influence settlements under other 887
	1071	+	portions of the insurance policy coverage; (N) failing to promptly 888
	1072	+	provide a reasonable explanation of the basis in the insurance policy in 889
	1073	+	relation to the facts or applicable law for denial of a claim or for the offer 890
	1074	+	of a compromise settlement; (O) using as a basis for cash settlement with 891
	1075	+	a first party automobile insurance claimant an amount which is less than 892
	1076	+	the amount which the insurer would pay if repairs were made unless 893
	1077	+	such amount is agreed to by the insured or provided for by the 894
	1078	+	insurance policy. 895
	1079	+	(7) Failure to maintain complaint handling procedures. Failure of any 896
	1080	+	person to maintain complete record of all the complaints which it has 897
	1081	+	received since the date of its last examination. This record shall indicate 898
	1082	+	the total number of complaints, their classification by line of insurance, 899
	1083	+	the nature of each complaint, the disposition of these complaints, and 900 Substitute Bill No. 1091
	1084	+
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	1089	+
	1090	+	the time it took to process each complaint. For purposes of this 901
	1091	+	[subsection] subdivision "complaint" means any written 902
	1092	+	communication primarily expressing a grievance. 903
	1093	+	(8) Misrepresentation in insurance applications. Making false or 904
	1094	+	fraudulent statements or representations on or relative to an application 905
	1095	+	for an insurance policy for the purpose of obtaining a fee, commission, 906
	1096	+	money or other benefit from any insurer, producer or individual. 907
	1097	+	(9) Any violation of any one of sections 38a-358, 38a-446, 38a-447, as 908
	1098	+	amended by this act, 38a-488, 38a-825, 38a-826, 38a-828 and 38a-829. 909
	1099	+	None of the following practices shall be considered discrimination 910
	1100	+	within the meaning of section 38a-446 or 38a-488 or a rebate within the 911
	1101	+	meaning of section 38a-825: (A) Paying bonuses to policyholders or 912
	1102	+	otherwise abating their premiums in whole or in part out of surplus 913
	1103	+	accumulated from nonparticipating insurance, provided any such 914
	1104	+	bonuses or abatement of premiums shall be fair and equitable to 915
	1105	+	policyholders and for the best interests of the company and its 916
	1106	+	policyholders; (B) in the case of policies issued on the industrial debit 917
	1107	+	plan, making allowance to policyholders who have continuously for a 918
	1108	+	specified period made premium payments directly to an office of the 919
	1109	+	insurer in an amount which fairly represents the saving in collection 920
	1110	+	expense; (C) readjustment of the rate of premium for a group insurance 921
	1111	+	policy based on loss or expense experience, or both, at the end of the 922
	1112	+	first or any subsequent policy year, which may be made retroactive for 923
	1113	+	such policy year. 924
	1114	+	(10) Notwithstanding any provision of any policy of insurance, 925
	1115	+	certificate or service contract, whenever such insurance policy or 926
	1116	+	certificate or service contract provides for reimbursement for any 927
	1117	+	services which may be legally performed by any practitioner of the 928
	1118	+	healing arts licensed to practice in this state, reimbursement under such 929
	1119	+	insurance policy, certificate or service contract shall not be denied 930
	1120	+	because of race, color or creed nor shall any insurer make or permit any 931
	1121	+	unfair discrimination against particular individuals or persons so 932
	1122	+	licensed. 933 Substitute Bill No. 1091
	1123	+
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	1128	+
	1129	+	(11) Favored agent or insurer: Coercion of debtors. (A) No person 934
	1130	+	may (i) require, as a condition precedent to the lending of money or 935
	1131	+	extension of credit, or any renewal thereof, that the person to whom 936
	1132	+	such money or credit is extended or whose obligation the creditor is to 937
	1133	+	acquire or finance, negotiate any policy or contract of insurance through 938
	1134	+	a particular insurer or group of insurers or producer or group of 939
	1135	+	producers; (ii) unreasonably disapprove the insurance policy provided 940
	1136	+	by a borrower for the protection of the property securing the credit or 941
	1137	+	lien; (iii) require directly or indirectly that any borrower, mortgagor, 942
	1138	+	purchaser, insurer or producer pay a separate charge, in connection 943
	1139	+	with the handling of any insurance policy required as security for a loan 944
	1140	+	on real estate or pay a separate charge to substitute the insurance policy 945
	1141	+	of one insurer for that of another; or (iv) use or disclose information 946
	1142	+	resulting from a requirement that a borrower, mortgagor or purchaser 947
	1143	+	furnish insurance of any kind on real property being conveyed or used 948
	1144	+	as collateral security to a loan, when such information is to the 949
	1145	+	advantage of the mortgagee, vendor or lender, or is to the detriment of 950
	1146	+	the borrower, mortgagor, purchaser, insurer or the producer complying 951
	1147	+	with such a requirement. 952
	1148	+	(B) (i) Subparagraph (A)(iii) of this subdivision shall not include the 953
	1149	+	interest which may be charged on premium loans or premium 954
	1150	+	advancements in accordance with the security instrument. (ii) For 955
	1151	+	purposes of subparagraph (A)(ii) of this subdivision, such disapproval 956
	1152	+	shall be deemed unreasonable if it is not based solely on reasonable 957
	1153	+	standards uniformly applied, relating to the extent of coverage required 958
	1154	+	and the financial soundness and the services of an insurer. Such 959
	1155	+	standards shall not discriminate against any particular type of insurer, 960
	1156	+	nor shall such standards call for the disapproval of an insurance policy 961
	1157	+	because such policy contains coverage in addition to that required. (iii) 962
	1158	+	The commissioner may investigate the affairs of any person to whom 963
	1159	+	this subdivision applies to determine whether such person has violated 964
	1160	+	this subdivision. If a violation of this subdivision is found, the person in 965
	1161	+	violation shall be subject to the same procedures and penalties as are 966
	1162	+	applicable to other provisions of section 38a-815, subsections (b) and (e) 967 Substitute Bill No. 1091
	1163	+
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	1168	+
	1169	+	of section 38a-817 and this section. (iv) For purposes of this section, 968
	1170	+	"person" includes any individual, corporation, limited liability 969
	1171	+	company, association, partnership or other legal entity. 970
	1172	+	(12) Refusing to insure, refusing to continue to insure or limiting the 971
	1173	+	amount, extent or kind of coverage available to an individual or 972
	1174	+	charging an individual a different rate for the same coverage because of 973
	1175	+	physical disability, mental or nervous condition as set forth in section 974
	1176	+	38a-488a or intellectual disability, except where the refusal, limitation or 975
	1177	+	rate differential is based on sound actuarial principles or is related to 976
	1178	+	actual or reasonably anticipated experience. 977
	1179	+	(13) Refusing to insure, refusing to continue to insure or limiting the 978
	1180	+	amount, extent or kind of coverage available to an individual or 979
	1181	+	charging an individual a different rate for the same coverage solely 980
	1182	+	because of blindness or partial blindness. For purposes of this 981
	1183	+	subdivision, "refusal to insure" includes the denial by an insurer of 982
	1184	+	disability insurance coverage on the grounds that the policy defines 983
	1185	+	"disability" as being presumed in the event that the insured is blind or 984
	1186	+	partially blind, except that an insurer may exclude from coverage any 985
	1187	+	disability, consisting solely of blindness or partial blindness, when such 986
	1188	+	condition existed at the time the policy was issued. Any individual who 987
	1189	+	is blind or partially blind shall be subject to the same standards of sound 988
	1190	+	actuarial principles or actual or reasonably anticipated experience as are 989
	1191	+	sighted persons with respect to all other conditions, including the 990
	1192	+	underlying cause of the blindness or partial blindness. 991
	1193	+	(14) Refusing to insure, refusing to continue to insure or limiting the 992
	1194	+	amount, extent or kind of coverage available to an individual or 993
	1195	+	charging an individual a different rate for the same coverage because of 994
	1196	+	exposure to diethylstilbestrol through the female parent. 995
	1197	+	(15) (A) Failure by an insurer, or any other entity responsible for 996
	1198	+	providing payment to a health care provider pursuant to an insurance 997
	1199	+	policy, to pay accident and health claims, including, but not limited to, 998
	1200	+	claims for payment or reimbursement to health care providers, within 999 Substitute Bill No. 1091
	1201	+
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	1206	+
	1207	+	the time periods set forth in subparagraph (B) of this subdivision, unless 1000
	1208	+	the Insurance Commissioner determines that a legitimate dispute exists 1001
	1209	+	as to coverage, liability or damages or that the claimant has fraudulently 1002
	1210	+	caused or contributed to the loss. Any insurer, or any other entity 1003
	1211	+	responsible for providing payment to a health care provider pursuant 1004
	1212	+	to an insurance policy, who fails to pay such a claim or request within 1005
	1213	+	the time periods set forth in subparagraph (B) of this subdivision shall 1006
	1214	+	pay the claimant or health care provider the amount of such claim plus 1007
	1215	+	interest at the rate of fifteen per cent per annum, in addition to any other 1008
	1216	+	penalties which may be imposed pursuant to sections 38a-11, 38a-25, 1009
	1217	+	38a-41 to 38a-53, inclusive, 38a-57 to 38a-60, inclusive, 38a-62 to 38a-64, 1010
	1218	+	inclusive, 38a-76, 38a-83, 38a-84, 38a-117 to 38a-124, inclusive, 38a-129 1011
	1219	+	to 38a-140, inclusive, 38a-146 to 38a-155, inclusive, 38a-283, 38a-288 to 1012
	1220	+	38a-290, inclusive, 38a-319, 38a-320, 38a-459, 38a-464, 38a-815 to 38a-819, 1013
	1221	+	inclusive, 38a-824 to 38a-826, inclusive, and 38a-828 to 38a-830, 1014
	1222	+	inclusive. Whenever the interest due a claimant or health care provider 1015
	1223	+	pursuant to this section is less than one dollar, the insurer shall deposit 1016
	1224	+	such amount in a separate interest-bearing account in which all such 1017
	1225	+	amounts shall be deposited. At the end of each calendar year each such 1018
	1226	+	insurer shall donate such amount to The University of Connecticut 1019
	1227	+	Health Center. 1020
	1228	+	(B) Each insurer or other entity responsible for providing payment to 1021
	1229	+	a health care provider pursuant to an insurance policy subject to this 1022
	1230	+	section, shall pay claims not later than: 1023
	1231	+	(i) For claims filed in paper format, sixty days after receipt by the 1024
	1232	+	insurer of the claimant's proof of loss form or the health care provider's 1025
	1233	+	request for payment filed in accordance with the insurer's practices or 1026
	1234	+	procedures, except that when there is a deficiency in the information 1027
	1235	+	needed for processing a claim, as determined in accordance with section 1028
	1236	+	38a-477, the insurer shall (I) send written notice to the claimant or health 1029
	1237	+	care provider, as the case may be, of all alleged deficiencies in 1030
	1238	+	information needed for processing a claim not later than thirty days 1031
	1239	+	after the insurer receives a claim for payment or reimbursement under 1032 Substitute Bill No. 1091
	1240	+
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	1245	+
	1246	+	the contract, and (II) pay claims for payment or reimbursement under 1033
	1247	+	the contract not later than thirty days after the insurer receives the 1034
	1248	+	information requested; and 1035
	1249	+	(ii) For claims filed in electronic format, twenty days after receipt by 1036
	1250	+	the insurer of the claimant's proof of loss form or the health care 1037
	1251	+	provider's request for payment filed in accordance with the insurer's 1038
	1252	+	practices or procedures, except that when there is a deficiency in the 1039
	1253	+	information needed for processing a claim, as determined in accordance 1040
	1254	+	with section 38a-477, the insurer shall (I) notify the claimant or health 1041
	1255	+	care provider, as the case may be, of all alleged deficiencies in 1042
	1256	+	information needed for processing a claim not later than ten days after 1043
	1257	+	the insurer receives a claim for payment or reimbursement under the 1044
	1258	+	contract, and (II) pay claims for payment or reimbursement under the 1045
	1259	+	contract not later than ten days after the insurer receives the information 1046
	1260	+	requested. 1047
	1261	+	(C) As used in this subdivision, "health care provider" means a person 1048
	1262	+	licensed to provide health care services under chapter 368d, chapter 1049
	1263	+	368v, chapters 370 to 373, inclusive, 375 to 383c, inclusive, 384a to 384c, 1050
	1264	+	inclusive, or chapter 400j. 1051
	1265	+	(16) Failure to pay, as part of any claim for a damaged motor vehicle 1052
	1266	+	under any automobile insurance policy where the vehicle has been 1053
	1267	+	declared to be a constructive total loss, an amount equal to the sum of 1054
	1268	+	(A) the settlement amount on such vehicle plus, whenever the insurer 1055
	1269	+	takes title to such vehicle, (B) an amount determined by multiplying 1056
	1270	+	such settlement amount by a percentage equivalent to the current sales 1057
	1271	+	tax rate established in section 12-408. For purposes of this subdivision, 1058
	1272	+	"constructive total loss" means the cost to repair or salvage damaged 1059
	1273	+	property, or the cost to both repair and salvage such property, equals or 1060
	1274	+	exceeds the total value of the property at the time of the loss. 1061
	1275	+	(17) Any violation of section 42-260, by an extended warranty 1062
	1276	+	provider subject to the provisions of said section, including, but not 1063
	1277	+	limited to: (A) Failure to include all statements required in subsections 1064 Substitute Bill No. 1091
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	1283	+
	1284	+	(c) and (f) of section 42-260 in an issued extended warranty; (B) offering 1065
	1285	+	an extended warranty without being (i) insured under an adequate 1066
	1286	+	extended warranty reimbursement insurance policy or (ii) able to 1067
	1287	+	demonstrate that reserves for claims contained in the provider's 1068
	1288	+	financial statements are not in excess of one-half the provider's audited 1069
	1289	+	net worth; (C) failure to submit a copy of an issued extended warranty 1070
	1290	+	form or a copy of such provider's extended warranty reimbursement 1071
	1291	+	policy form to the Insurance Commissioner. 1072
	1292	+	(18) With respect to an insurance company, hospital service 1073
	1293	+	corporation, health care center or fraternal benefit society providing 1074
	1294	+	individual or group health insurance coverage of the types specified in 1075
	1295	+	subdivisions (1), (2), (4), (5), (6), (10), (11) and (12) of section 38a-469, 1076
	1296	+	refusing to insure, refusing to continue to insure or limiting the amount, 1077
	1297	+	extent or kind of coverage available to an individual or charging an 1078
	1298	+	individual a different rate for the same coverage because such 1079
	1299	+	individual has been a victim of [family] domestic violence, as defined in 1080
	1300	+	section 17b-112a. 1081
	1301	+	(19) With respect to a property and casualty insurer delivering, 1082
	1302	+	issuing for delivery, renewing, amending, continuing or endorsing a 1083
	1303	+	property or casualty insurance policy, making any distinction or 1084
	1304	+	discrimination against an individual in delivering, issuing for delivery, 1085
	1305	+	renewing, amending, continuing, endorsing, offering, withholding, 1086
	1306	+	cancelling or setting premiums for such policy, or in the terms of such 1087
	1307	+	policy, because the individual has been a victim of domestic violence, as 1088
	1308	+	defined in section 17b-112a. 1089
	1309	+	[(19)] (20) With respect to an insurance company, hospital service 1090
	1310	+	corporation, health care center or fraternal benefit society providing 1091
	1311	+	individual or group health insurance coverage of the types specified in 1092
	1312	+	subdivisions (1), (2), (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, 1093
	1313	+	refusing to insure, refusing to continue to insure or limiting the amount, 1094
	1314	+	extent or kind of coverage available to an individual or charging an 1095
	1315	+	individual a different rate for the same coverage because of genetic 1096
	1316	+	information. Genetic information indicating a predisposition to a 1097 Substitute Bill No. 1091
	1317	+
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	1322	+
	1323	+	disease or condition shall not be deemed a preexisting condition in the 1098
	1324	+	absence of a diagnosis of such disease or condition that is based on other 1099
	1325	+	medical information. An insurance company, hospital service 1100
	1326	+	corporation, health care center or fraternal benefit society providing 1101
	1327	+	individual health coverage of the types specified in subdivisions (1), (2), 1102
	1328	+	(3), (4), (6), (9), (10), (11) and (12) of section 38a-469, shall not be 1103
	1329	+	prohibited from refusing to insure or applying a preexisting condition 1104
	1330	+	limitation, to the extent permitted by law, to an individual who has been 1105
	1331	+	diagnosed with a disease or condition based on medical information 1106
	1332	+	other than genetic information and has exhibited symptoms of such 1107
	1333	+	disease or condition. For the purposes of this [subsection] subdivision, 1108
	1334	+	"genetic information" means the information about genes, gene 1109
	1335	+	products or inherited characteristics that may derive from an individual 1110
	1336	+	or family member. 1111
	1337	+	[(20)] (21) Any violation of sections 38a-465 to 38a-465q, inclusive, as 1112
	1338	+	amended by this act. 1113
	1339	+	[(21)] (22) With respect to a managed care organization, as defined in 1114
	1340	+	section 38a-478, failing to establish a confidentiality procedure for 1115
	1341	+	medical record information, as required by section 38a-999. 1116
	1342	+	[(22)] (23) Any violation of sections 38a-591d to 38a-591f, inclusive. 1117
	1343	+	[(23)] (24) Any violation of section 38a-472j. 1118
	1344	+	Sec. 16. Section 38a-447 of the general statutes is repealed and the 1119
	1345	+	following is substituted in lieu thereof (Effective October 1, 2021): 1120
	1346	+	No life insurance company doing business in this state may: (1) Make 1121
	1347	+	any distinction or discrimination between persons on the basis of race 1122
	1348	+	or status as a victim of domestic violence, as to the premiums or rates 1123
	1349	+	charged for policies upon the lives of such persons; (2) demand or 1124
	1350	+	require greater premiums from persons of one race than such as are at 1125
	1351	+	that time required by that company from persons of another race, or 1126
	1352	+	from persons who have been victims of domestic violence than such as 1127
	1353	+	are at that time required by that company from persons who have not 1128 Substitute Bill No. 1091
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	1359	+
	1360	+	been victims of domestic violence, of the same age, sex, general 1129
	1361	+	condition of health and hope of longevity; or (3) make or require any 1130
	1362	+	rebate, diminution or discount on the basis of race, or status as a victim 1131
	1363	+	of domestic violence, upon the sum to be paid on any policy in case of 1132
	1364	+	the death of any person insured, nor insert in the policy any condition, 1133
	1365	+	nor make any stipulation whereby such person insured shall bind 1134
	1366	+	[himself, his] such person, such person's heirs, executors, administrators 1135
	1367	+	or assigns to accept any sum less than the full value or amount of such 1136
	1368	+	policy, in case of a claim accruing thereon by reason of the death of such 1137
	1369	+	person insured, other than such as are imposed upon all persons in 1138
	1370	+	similar cases; and each such stipulation or condition so made or inserted 1139
	1371	+	shall be void. For the purposes of this section, "victim of domestic 1140
	1372	+	violence" has the same meaning as provided in section 17b-112a. 1141
	1373	+	Sec. 17. Section 38a-465 of the general statutes is repealed and the 1142
	1374	+	following is substituted in lieu thereof (Effective October 1, 2021): 1143
	1375	+	As used in sections 38a-465 to 38a-465q, inclusive, and subdivision 1144
	1376	+	[(20)] (21) of section 38a-816, as amended by this act: 1145
	1377	+	(1) "Advertisement" means any written, electronic or printed 1146
	1378	+	communication or any communication by means of recorded telephone 1147
	1379	+	messages or transmitted on radio, television, the Internet or similar 1148
	1380	+	communications media, including, but not limited to, film strips, motion 1149
	1381	+	pictures and videos, published, disseminated, circulated or placed 1150
	1382	+	before the public, directly or indirectly, for the purpose of creating an 1151
	1383	+	interest in or inducing a person to purchase or sell, assign, devise, 1152
	1384	+	bequest or transfer the death benefit or ownership of a life insurance 1153
	1385	+	policy or an interest in a life insurance policy pursuant to a life 1154
	1386	+	settlement contract. 1155
	1387	+	(2) "Broker" means a person who, on behalf of an owner and for a fee, 1156
	1388	+	commission or other valuable consideration, offers or attempts to 1157
	1389	+	negotiate life settlement contracts between an owner and one or more 1158
	1390	+	providers. "Broker" does not include an attorney, certified public 1159
	1391	+	accountant or financial planner accredited by a nationally recognized 1160 Substitute Bill No. 1091
	1392	+
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	1397	+
	1398	+	accreditation agency retained to represent the owner, whose 1161
	1399	+	compensation is not paid directly or indirectly by a provider or any 1162
	1400	+	other person except the owner. 1163
	1401	+	(3) "Business of life settlements" means an activity involved in, but 1164
	1402	+	not limited to, offering to enter into, soliciting, negotiating, procuring, 1165
	1403	+	effectuating, monitoring or tracking of life settlement contracts. 1166
	1404	+	(4) "Chronically ill" means: (A) Being unable to perform at least two 1167
	1405	+	activities of daily living, including, but not limited to, eating, toileting, 1168
	1406	+	transferring, bathing, dressing or continence; (B) requiring substantial 1169
	1407	+	supervision to protect from threats to health and safety due to severe 1170
	1408	+	cognitive impairment; or (C) having a level of disability similar to that 1171
	1409	+	described in subparagraph (A) of this subdivision as determined by the 1172
	1410	+	federal Secretary of Health and Human Services. 1173
	1411	+	(5) "Commissioner" means the Insurance Commissioner. 1174
	1412	+	(6) (A) "Financing entity" means an underwriter, placement agent, 1175
	1413	+	lender, purchaser of securities, purchaser of a policy or certificate from 1176
	1414	+	a provider, credit enhancer, or any entity that has a direct ownership in 1177
	1415	+	a policy or certificate that is the subject of a life settlement contract: 1178
	1416	+	(i) Whose principal activity related to the transaction is providing 1179
	1417	+	funds to effect the life settlement contract or purchase of one or more 1180
	1418	+	policies; and 1181
	1419	+	(ii) Who has an agreement in writing with one or more providers to 1182
	1420	+	finance the acquisition of life settlement contracts. 1183
	1421	+	(B) "Financing entity" does not include a nonaccredited investor or a 1184
	1422	+	purchaser. 1185
	1423	+	(7) "Financing transaction" means any transaction in which a 1186
	1424	+	provider obtains financing from a financing entity, including, but not 1187
	1425	+	limited to, any secured or unsecured financing, any securitization 1188
	1426	+	transaction or any securities offering which is registered or exempt from 1189 Substitute Bill No. 1091
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	1432	+
	1433	+	registration under federal or state securities law. 1190
	1434	+	(8) "Insured" means the person covered under the policy being 1191
	1435	+	considered for sale in a life settlement contract. 1192
	1436	+	(9) "Life expectancy" means the arithmetic mean of the number of 1193
	1437	+	months the insured under the life insurance policy to be settled can be 1194
	1438	+	expected to live as determined by a life expectancy company, life 1195
	1439	+	settlement company or investor considering medical records and 1196
	1440	+	experiential data. 1197
	1441	+	(10) "Life insurance producer" means any person licensed in this state 1198
	1442	+	as a resident or nonresident insurance producer who has received 1199
	1443	+	qualification or authority for life insurance coverage or a life line 1200
	1444	+	coverage pursuant to chapter 702. 1201
	1445	+	(11) (A) "Life settlement contract" means: 1202
	1446	+	(i) A written agreement entered into between a provider and an 1203
	1447	+	owner, establishing the terms under which compensation or anything 1204
	1448	+	of value will be paid, which compensation or thing of value is less than 1205
	1449	+	the expected death benefit of the insurance policy or certificate, in return 1206
	1450	+	for the owner's assignment, transfer, sale, devise or bequest of the death 1207
	1451	+	benefit or any portion of an insurance policy or certificate of insurance 1208
	1452	+	for compensation, provided the minimum value for a life settlement 1209
	1453	+	contract shall be greater than a cash surrender value or accelerated 1210
	1454	+	death benefit available at the time of an application for a life settlement 1211
	1455	+	contract; 1212
	1456	+	(ii) The transfer for compensation or value of ownership or beneficial 1213
	1457	+	interest in a trust, or other entity that owns such policy, if the trust or 1214
	1458	+	other entity was formed or availed of for the principal purpose of 1215
	1459	+	acquiring one or more life insurance contracts, which life insurance 1216
	1460	+	contract insures the life of a person residing in this state; 1217
	1461	+	(iii) A written agreement for a loan or other lending transaction, 1218
	1462	+	secured primarily by an individual or group life insurance policy; or 1219 Substitute Bill No. 1091
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	1467	+	39 of 52
	1468	+
	1469	+	(iv) A premium finance loan made for a policy on or before the date 1220
	1470	+	of issuance of the policy where (I) the loan proceeds are not used solely 1221
	1471	+	to pay premiums for the policy and any costs or expenses incurred by 1222
	1472	+	the lender or the borrower in connection with the financing, (II) the 1223
	1473	+	owner receives, on the date of the premium finance loan, a guarantee of 1224
	1474	+	the future life settlement value of the policy, or (III) the owner agrees on 1225
	1475	+	the date of the premium finance loan to sell the policy, or any portion of 1226
	1476	+	its death benefit, on any date following the issuance of the policy. 1227
	1477	+	(B) "Life settlement contract" does not include: 1228
	1478	+	(i) A policy loan by a life insurance company pursuant to the terms 1229
	1479	+	of the life insurance policy or accelerated death provisions contained in 1230
	1480	+	the life insurance policy, whether issued with the original policy or as a 1231
	1481	+	rider; 1232
	1482	+	(ii) A premium finance loan, as defined in subparagraph (A)(iv) of 1233
	1483	+	this subdivision, or any loan made by a bank or other licensed financial 1234
	1484	+	institution, provided neither default on such loan or the transfer of the 1235
	1485	+	policy, in connection with such default, is pursuant to an agreement or 1236
	1486	+	understanding with any other person for the purpose of evading 1237
	1487	+	regulation under this part; 1238
	1488	+	(iii) A collateral assignment of a life insurance policy by an owner; 1239
	1489	+	(iv) A loan made by a lender that does not violate sections 38a-162 to 1240
	1490	+	38a-170, inclusive, provided such loan is not described in subparagraph 1241
	1491	+	(A) of this subdivision and is not otherwise within the definition of life 1242
	1492	+	settlement contract; 1243
	1493	+	(v) An agreement where all the parties are closely related to the 1244
	1494	+	insured by blood or law or have a lawful substantial economic interest 1245
	1495	+	in the continued life, health and bodily safety of the person insured, or 1246
	1496	+	are trusts established primarily for the benefit of such parties; 1247
	1497	+	(vi) Any designation, consent or agreement by an insured who is an 1248
	1498	+	employee of an employer in connection with the purchase by the 1249 Substitute Bill No. 1091
	1499	+
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	1504	+
	1505	+	employer, or trust established by the employer, of life insurance on the 1250
	1506	+	life of the employee; 1251
	1507	+	(vii) A bona fide business succession planning arrangement: (I) 1252
	1508	+	Between one or more shareholders in a corporation or between a 1253
	1509	+	corporation and one or more of its shareholders or one or more trusts 1254
	1510	+	established by its shareholders; (II) between one or more partners in a 1255
	1511	+	partnership or between a partnership and one or more of its partners or 1256
	1512	+	one or more trusts established by its partners; or (III) between one or 1257
	1513	+	more members in a limited liability company or between a limited 1258
	1514	+	liability company and one or more of its members or one or more trusts 1259
	1515	+	established by its members; 1260
	1516	+	(viii) An agreement entered into by a service recipient or a trust 1261
	1517	+	established by the service recipient, and a service provider or a trust 1262
	1518	+	established by the service provider, that performs significant services 1263
	1519	+	for the service recipient's trade or business; or 1264
	1520	+	(ix) Any other contract, transaction or arrangement from the 1265
	1521	+	definition of life settlement contract that the commissioner determines 1266
	1522	+	is not of the type intended to be regulated by this part. 1267
	1523	+	(12) "Net death benefit" means the amount of the life insurance policy 1268
	1524	+	or certificate to be settled less any outstanding debts or liens. 1269
	1525	+	(13) "Owner" means the owner of a life insurance policy or a 1270
	1526	+	certificate holder under a group policy, with or without a terminal 1271
	1527	+	illness, who enters or seeks to enter into a life settlement contract. For 1272
	1528	+	the purposes of this part, an owner shall not be limited to an owner of a 1273
	1529	+	life insurance policy or a certificate holder under a group policy that 1274
	1530	+	insures the life of an individual with a terminal or chronic illness or 1275
	1531	+	condition, except where specifically addressed. "Owner" does not 1276
	1532	+	include: (A) Any provider or other licensee under this part; (B) a 1277
	1533	+	qualified institutional buyer, as defined in Rule 144A of the federal 1278
	1534	+	Securities Act of 1933, as amended from time to time; (C) a financing 1279
	1535	+	entity; (D) a special purpose entity; or (E) a related provider trust. 1280 Substitute Bill No. 1091
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	1541	+
	1542	+	(14) "Patient identifying information" means an insured's address, 1281
	1543	+	telephone number, facsimile number, electronic mail address, 1282
	1544	+	photograph or likeness, employer, employment status, Social Security 1283
	1545	+	number or any other information that is likely to lead to the 1284
	1546	+	identification of the insured. 1285
	1547	+	(15) "Person" means a natural person or a legal entity, including, but 1286
	1548	+	not limited to, an individual, partnership, limited liability company, 1287
	1549	+	association, trust or corporation. 1288
	1550	+	(16) "Policy" means an individual or group policy, group certificate, 1289
	1551	+	contract or arrangement of life insurance owned by a resident of this 1290
	1552	+	state, regardless of whether delivered or issued for delivery in this state. 1291
	1553	+	(17) "Premium finance loan" means a loan made primarily for the 1292
	1554	+	purposes of making premium payments on a life insurance policy, 1293
	1555	+	which loan is secured by an interest in such life insurance policy. 1294
	1556	+	(18) "Provider" means a person, other than an owner, who enters into 1295
	1557	+	or effectuates a life settlement contract with an owner. "Provider" does 1296
	1558	+	not include: 1297
	1559	+	(A) Any bank, savings bank, savings and loan association or credit 1298
	1560	+	union; 1299
	1561	+	(B) A licensed lending institution, creditor or secured party pursuant 1300
	1562	+	to a premium finance loan agreement that takes an assignment of a life 1301
	1563	+	insurance policy or certificate issued pursuant to a group life insurance 1302
	1564	+	policy as collateral for a loan; 1303
	1565	+	(C) The insurer of a life insurance policy or rider providing 1304
	1566	+	accelerated death benefits or riders pursuant to section 38a-457 or cash 1305
	1567	+	surrender value; 1306
	1568	+	(D) A natural person who enters into or effectuates no more than one 1307
	1569	+	agreement in a calendar year for the transfer of a life insurance policy or 1308
	1570	+	certificate issued pursuant to a group life insurance policy, for 1309 Substitute Bill No. 1091
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	1575	+	42 of 52
	1576	+
	1577	+	compensation or any value less than the expected death benefit payable 1310
	1578	+	under the policy; 1311
	1579	+	(E) A purchaser; 1312
	1580	+	(F) An authorized or eligible insurer that provides stop loss coverage 1313
	1581	+	to a provider, purchaser, financing entity, special purpose entity or 1314
	1582	+	related provider trust; 1315
	1583	+	(G) A financing entity; 1316
	1584	+	(H) A special purpose entity; 1317
	1585	+	(I) A related provider trust; 1318
	1586	+	(J) A broker; or 1319
	1587	+	(K) An accredited investor or a qualified institutional buyer, as 1320
	1588	+	defined in Rule 501 of Regulation D or Rule 144A, respectively, of the 1321
	1589	+	federal Securities Act of 1933, as amended from time to time, who 1322
	1590	+	purchases a life settlement policy from a provider. 1323
	1591	+	(19) "Purchased policy" means a policy or group certificate that has 1324
	1592	+	been acquired by a provider pursuant to a life settlement contract. 1325
	1593	+	(20) "Purchaser" means a person who pays compensation or anything 1326
	1594	+	of value as consideration for a beneficial interest in a trust that is vested 1327
	1595	+	with, or for the assignment, transfer or sale of, an ownership or other 1328
	1596	+	interest in a life insurance policy or a certificate issued pursuant to a 1329
	1597	+	group life insurance policy that is the subject of a life settlement contract. 1330
	1598	+	(21) "Related provider trust" means a titling trust or other trust 1331
	1599	+	established by a licensed provider or a financing entity for the sole 1332
	1600	+	purpose of holding the ownership or beneficial interest in purchased 1333
	1601	+	policies in connection with a financing transaction. 1334
	1602	+	(22) "Settled policy" means a life insurance policy or certificate that 1335
	1603	+	has been acquired by a provider pursuant to a life settlement contract. 1336 Substitute Bill No. 1091
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	1609	+
	1610	+	(23) "Special purpose entity" means a corporation, partnership, trust, 1337
	1611	+	limited liability company or other similar entity formed solely to 1338
	1612	+	provide, either directly or indirectly, access to institutional capital 1339
	1613	+	markets (A) for a financing entity or provider, (B) in connection with a 1340
	1614	+	transaction in which the securities in the special purpose entity are 1341
	1615	+	acquired by the owner or by a qualified institutional buyer, as defined 1342
	1616	+	in Rule 144A of the federal Securities Act of 1933, as amended from time 1343
	1617	+	to time, or (C) the securities pay a fixed rate of return commensurate 1344
	1618	+	with established asset-backed institutional capital markets. 1345
	1619	+	(24) "Stranger-originated life insurance" means an act, practice or 1346
	1620	+	arrangement to initiate a life insurance policy for the benefit of a third-1347
	1621	+	party investor who, at the time of policy origination, has no insurable 1348
	1622	+	interest in the insured. Such practices include, but are not limited to, 1349
	1623	+	cases in which life insurance is purchased with resources or guarantees 1350
	1624	+	from or through a person or entity, who, at the time of policy inception, 1351
	1625	+	could not lawfully initiate the policy himself or itself, and where, at the 1352
	1626	+	time of inception, there is an arrangement or agreement, whether verbal 1353
	1627	+	or written, to directly or indirectly transfer the ownership of the policy 1354
	1628	+	or the policy benefits to a third-party. Trusts created to give the 1355
	1629	+	appearance of insurable interest and used to initiate policies for 1356
	1630	+	investors violate insurable interest laws and the prohibition against 1357
	1631	+	wagering on life. Stranger-originated life insurance arrangements do 1358
	1632	+	not include those practices set forth in subparagraph (B) of subdivision 1359
	1633	+	(11) of this section. 1360
	1634	+	(25) "Terminally ill" means having an illness or sickness that can 1361
	1635	+	reasonably be expected to result in death in twenty-four months or less. 1362
	1636	+	Sec. 18. (NEW) (Effective from passage) (a) There is established a grant 1363
	1637	+	program to provide individuals who are indigent with access to legal 1364
	1638	+	assistance when making an application for a restraining order under 1365
	1639	+	section 46b-15 of the general statutes, as amended by this act. The 1366
	1640	+	program shall be administered by the organization that administers the 1367
	1641	+	program for the use of interest earned on lawyers' clients' funds 1368
	1642	+	accounts pursuant to section 51-81c of the general statutes. 1369 Substitute Bill No. 1091
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	1648	+
	1649	+	(b) Not later than three months after receiving funding in any year 1370
	1650	+	pursuant to section 19 of this act, the organization administering the 1371
	1651	+	program shall issue a request for proposals from nonprofit entities 1372
	1652	+	whose principal purpose is providing legal services to individuals who 1373
	1653	+	are indigent, for the purpose of awarding grants to provide counsel to 1374
	1654	+	indigent individuals who express an interest in applying for a 1375
	1655	+	restraining order pursuant to section 46b-15 of the general statutes, as 1376
	1656	+	amended by this act, and, to the extent practicable within the funding 1377
	1657	+	awarded, representing such individuals throughout the process of 1378
	1658	+	applying for such restraining order, including at prehearing conferences 1379
	1659	+	and at the hearing on an application. A nonprofit entity responding to 1380
	1660	+	the request for proposals may partner with law schools or other non-1381
	1661	+	profit entities or publicly funded organizations that are not 1382
	1662	+	governmental entities, for the provision of services pursuant to a grant. 1383
	1663	+	Each response to the request for proposals shall specify the judicial 1384
	1664	+	district courthouse, or courthouses, for which services will be provided. 1385
	1665	+	(c) The organization administering the program may only award a 1386
	1666	+	grant (1) to provide services in the judicial districts of Fairfield, 1387
	1667	+	Hartford, New Haven, Stamford-Norwalk or Waterbury, and (2) in an 1388
	1668	+	amount not to exceed two hundred thousand dollars, except that a grant 1389
	1669	+	to provide services in the judicial district with the highest average 1390
	1670	+	number of applications for restraining orders under section 46b-15 of 1391
	1671	+	the general statutes, as amended by this act, over the previous three 1392
	1672	+	fiscal years may receive a grant of not more than four hundred thousand 1393
	1673	+	dollars. Grants may not be used to provide services to individuals who 1394
	1674	+	are not indigent. 1395
	1675	+	(d) The organization administering the program may only award a 1396
	1676	+	grant to a nonprofit entity whose principal purpose is providing legal 1397
	1677	+	services to individuals who are indigent, if such nonprofit entity 1398
	1678	+	demonstrates the ability to: 1399
	1679	+	(1) Verify at the time of meeting with an individual that such 1400
	1680	+	potential client is indigent and meets applicable household income 1401
	1681	+	eligibility requirements set by the entity; 1402 Substitute Bill No. 1091
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	1687	+
	1688	+	(2) Arrange for at least one individual who has the relevant training 1403
	1689	+	or experience and is authorized to provide legal counsel to individuals 1404
	1690	+	who express an interest in applying for a restraining order, to be present 1405
	1691	+	in the courthouse or courthouses identified in response to the request 1406
	1692	+	for proposals during all business hours; 1407
	1693	+	(3) Provide continued representation to individuals throughout the 1408
	1694	+	restraining order process, including in court for the hearing on the 1409
	1695	+	restraining order, to the greatest extent practicable within the funding 1410
	1696	+	awarded and if requested to do so by an individual after providing 1411
	1697	+	assistance with a restraining order application; 1412
	1698	+	(4) Provide any individual in the courthouse who expresses an 1413
	1699	+	interest in applying for a restraining order with all applicable forms that 1414
	1700	+	may be necessary to apply for a restraining order; and 1415
	1701	+	(5) Track and report to the organization administering the program 1416
	1702	+	on the services provided pursuant to the program, including (A) the 1417
	1703	+	procedural outcomes of restraining order applications filed, (B) the 1418
	1704	+	number of instances where legal counsel was provided prior to the filing 1419
	1705	+	of an application but not during the remainder of the restraining order 1420
	1706	+	process, and the reasons limiting the duration of such representation, 1421
	1707	+	and (C) information on any other legal representation provided to 1422
	1708	+	individuals pursuant to the program on matters that were ancillary to 1423
	1709	+	the circumstances that supported the application for a restraining order. 1424
	1710	+	(e) In awarding grants, the organization administering the program 1425
	1711	+	shall give preference to nonprofit entities (1) that demonstrate the ability 1426
	1712	+	to provide legal representation to clients regarding matters ancillary to 1427
	1713	+	the circumstances that supported the application for a restraining order; 1428
	1714	+	(2) with experience offering legal representation to individuals during 1429
	1715	+	the restraining order process; or (3) that can provide quality remote 1430
	1716	+	services should courthouses be closed to the public. 1431
	1717	+	(f) The Chief Court Administrator shall (1) provide each grant 1432
	1718	+	recipient with office space in the judicial district courthouse or 1433 Substitute Bill No. 1091
	1719	+
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	1724	+
	1725	+	courthouses served by such recipient under the grant program to 1434
	1726	+	conduct intake interviews and assist clients with applications for 1435
	1727	+	restraining orders, and (2) require court clerks at such courthouses, prior 1436
	1728	+	to accepting an application for a restraining order pursuant to section 1437
	1729	+	46b-15 of the general statutes, as amended by this act, to inform each 1438
	1730	+	individual filing such application, or inquiring about filing such an 1439
	1731	+	application, that pro bono legal services are available from the grant 1440
	1732	+	recipient for income-eligible individuals and where the grant recipient 1441
	1733	+	is located in the courthouse. 1442
	1734	+	(g) The Chief Court Administrator shall post on the Internet web site 1443
	1735	+	of the Judicial Branch where instructions for filing a restraining order 1444
	1736	+	pursuant to section 46b-15 of the general statutes, as amended by this 1445
	1737	+	act, are provided, information on the pro bono legal services available 1446
	1738	+	from grant recipients for income-eligible individuals at the applicable 1447
	1739	+	courthouses. 1448
	1740	+	(h) For each year that funding is provided for the program under this 1449
	1741	+	section, the organization administering the program shall either 1450
	1742	+	conduct, or partner with an academic institution or other qualified 1451
	1743	+	entity for the purpose of conducting, an analysis of the impact of the 1452
	1744	+	program, including, but not limited to, (1) the procedural outcomes for 1453
	1745	+	applications filed in association with services provided by grant 1454
	1746	+	recipients under the program, (2) the types and extent of legal services 1455
	1747	+	provided to individuals served pursuant to the program, including on 1456
	1748	+	matters ancillary to the restraining order application, and (3) the 1457
	1749	+	number of cases where legal services were provided before an 1458
	1750	+	application was filed but legal representation did not continue during 1459
	1751	+	the restraining order process and the reasons for such limited 1460
	1752	+	representations. Not later than July first of the year following any year 1461
	1753	+	in which the program received funding, the organization administering 1462
	1754	+	the program shall submit a report on the results of such analysis in 1463
	1755	+	accordance with the provisions of section 11-4a of the general statutes, 1464
	1756	+	to the joint standing committee of the General Assembly having 1465
	1757	+	cognizance of matters relating to the judiciary. 1466 Substitute Bill No. 1091
	1758	+
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	1763	+
	1764	+	Sec. 19. (Effective from passage) During each of the fiscal years ending 1467
	1765	+	June 30, 2022, and June 30, 2023, the Attorney General, utilizing transfer 1468
	1766	+	invoices, shall remit one million two hundred fifty thousand dollars to 1469
	1767	+	the organization administering the program established pursuant to 1470
	1768	+	section 18 of this act, from moneys received by the Office of the Attorney 1471
	1769	+	General in connection with the settlement of any lawsuit to which the 1472
	1770	+	state is a party. Such remittal in the fiscal year ending June 30, 2023, shall 1473
	1771	+	occur no later than one year following the date of the remittal in the 1474
	1772	+	previous fiscal year. Moneys remitted to the organization pursuant to 1475
	1773	+	this section shall be used for purposes of the program established in 1476
	1774	+	section 18 of this act. Up to five per cent of the total amount received by 1477
	1775	+	such organization may be used for the reasonable costs of administering 1478
	1776	+	the program, including the completion of the analysis and report 1479
	1777	+	required by subsection (h) of section 18 of this act. 1480
	1778	+	Sec. 20. Subsections (a) and (b) of section 54-64a of the general statutes 1481
	1779	+	are repealed and the following is substituted in lieu thereof (Effective 1482
	1780	+	October 1, 2021): 1483
	1781	+	(a) (1) Except as provided in subdivision (2) of this subsection and 1484
	1782	+	subsection (b) of this section, when any arrested person is presented 1485
	1783	+	before the Superior Court, said court shall, in bailable offenses, 1486
	1784	+	promptly order the release of such person upon the first of the following 1487
	1785	+	conditions of release found sufficient to reasonably ensure the 1488
	1786	+	appearance of the arrested person in court: (A) Upon execution of a 1489
	1787	+	written promise to appear without special conditions, (B) upon 1490
	1788	+	execution of a written promise to appear with nonfinancial conditions, 1491
	1789	+	(C) upon execution of a bond without surety in no greater amount than 1492
	1790	+	necessary, (D) upon execution of a bond with surety in no greater 1493
	1791	+	amount than necessary, but in no event shall a judge prohibit a bond 1494
	1792	+	from being posted by surety. In addition to or in conjunction with any 1495
	1793	+	of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 1496
	1794	+	this subdivision the court may, when it has reason to believe that the 1497
	1795	+	person is drug-dependent and where necessary, reasonable and 1498
	1796	+	appropriate, order the person to submit to a urinalysis drug test and to 1499 Substitute Bill No. 1091
	1797	+
	1798	+
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	1800	+	R02-SB.docx }
	1801	+	48 of 52
	1802	+
	1803	+	participate in a program of periodic drug testing and treatment. The 1500
	1804	+	results of any such drug test shall not be admissible in any criminal 1501
	1805	+	proceeding concerning such person. 1502
	1806	+	(2) If the arrested person is charged with no offense other than a 1503
	1807	+	misdemeanor, the court shall not impose financial conditions of release 1504
	1808	+	on the person unless (A) the person is charged with a family violence 1505
	1809	+	crime, as defined in section 46b-38a, as amended by this act, or (B) the 1506
	1810	+	person requests such financial conditions, or (C) the court makes a 1507
	1811	+	finding on the record that there is a likely risk that (i) the arrested person 1508
	1812	+	will fail to appear in court, as required, or (ii) the arrested person will 1509
	1813	+	obstruct or attempt to obstruct justice, or threaten, injure or intimidate 1510
	1814	+	or attempt to threaten, injure or intimidate a prospective witness or 1511
	1815	+	juror, or (iii) the arrested person will engage in conduct that threatens 1512
	1816	+	the safety of himself or herself or another person. In making a finding 1513
	1817	+	described in this subsection, the court may consider past criminal 1514
	1818	+	history, including any prior record of failing to appear as required in 1515
	1819	+	court that resulted in any conviction for a violation of section 53a-172 or 1516
	1820	+	any conviction during the previous ten years for a violation of section 1517
	1821	+	53a-173 and any other pending criminal cases of the person charged 1518
	1822	+	with a misdemeanor. 1519
	1823	+	(3) The court may, in determining what conditions of release will 1520
	1824	+	reasonably ensure the appearance of the arrested person in court, 1521
	1825	+	consider the following factors: (A) The nature and circumstances of the 1522
	1826	+	offense, (B) such person's record of previous convictions, (C) such 1523
	1827	+	person's past record of appearance in court, (D) such person's family 1524
	1828	+	ties, (E) such person's employment record, (F) such person's financial 1525
	1829	+	resources, character and mental condition, [and] (G) such person's 1526
	1830	+	community ties, and (H) in the case of a violation of 53a-222a when the 1527
	1831	+	condition of release was issued for a family violence crime, as defined 1528
	1832	+	in section 46b-38a, as amended by this act, the heightened risk posed to 1529
	1833	+	victims of family violence by violations of conditions of release. 1530
	1834	+	(b) (1) When any arrested person charged with the commission of a 1531
	1835	+	class A felony, a class B felony, except a violation of section 53a-86 or 1532 Substitute Bill No. 1091
	1836	+
	1837	+
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	1840	+	49 of 52
	1841	+
	1842	+	53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or 1533
	1843	+	53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 1534
	1844	+	section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, 1535
	1845	+	or a family violence crime, as defined in section 46b-38a, as amended by 1536
	1846	+	this act, is presented before the Superior Court, said court shall, in 1537
	1847	+	bailable offenses, promptly order the release of such person upon the 1538
	1848	+	first of the following conditions of release found sufficient to reasonably 1539
	1849	+	ensure the appearance of the arrested person in court and that the safety 1540
	1850	+	of any other person will not be endangered: (A) Upon such person's 1541
	1851	+	execution of a written promise to appear without special conditions, (B) 1542
	1852	+	upon such person's execution of a written promise to appear with 1543
	1853	+	nonfinancial conditions, (C) upon such person's execution of a bond 1544
	1854	+	without surety in no greater amount than necessary, (D) upon such 1545
	1855	+	person's execution of a bond with surety in no greater amount than 1546
	1856	+	necessary, but in no event shall a judge prohibit a bond from being 1547
	1857	+	posted by surety. In addition to or in conjunction with any of the 1548
	1858	+	conditions enumerated in subparagraphs (A) to (D), inclusive, of this 1549
	1859	+	subdivision, the court may, when it has reason to believe that the person 1550
	1860	+	is drug-dependent and where necessary, reasonable and appropriate, 1551
	1861	+	order the person to submit to a urinalysis drug test and to participate in 1552
	1862	+	a program of periodic drug testing and treatment. The results of any 1553
	1863	+	such drug test shall not be admissible in any criminal proceeding 1554
	1864	+	concerning such person. 1555
	1865	+	(2) The court may, in determining what conditions of release will 1556
	1866	+	reasonably ensure the appearance of the arrested person in court and 1557
	1867	+	that the safety of any other person will not be endangered, consider the 1558
	1868	+	following factors: (A) The nature and circumstances of the offense, (B) 1559
	1869	+	such person's record of previous convictions, (C) such person's past 1560
	1870	+	record of appearance in court after being admitted to bail, (D) such 1561
	1871	+	person's family ties, (E) such person's employment record, (F) such 1562
	1872	+	person's financial resources, character and mental condition, (G) such 1563
	1873	+	person's community ties, (H) the number and seriousness of charges 1564
	1874	+	pending against the arrested person, (I) the weight of the evidence 1565
	1875	+	against the arrested person, (J) the arrested person's history of violence, 1566 Substitute Bill No. 1091
	1876	+
	1877	+
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	1880	+	50 of 52
	1881	+
	1882	+	(K) whether the arrested person has previously been convicted of 1567
	1883	+	similar offenses while released on bond, [and] (L) the likelihood based 1568
	1884	+	upon the expressed intention of the arrested person that such person 1569
	1885	+	will commit another crime while released, and (M) the heightened risk 1570
	1886	+	posed to victims of family violence by violations of conditions of release 1571
	1887	+	and court orders of protection. 1572
	1888	+	(3) When imposing conditions of release under this subsection, the 1573
	1889	+	court shall state for the record any factors under subdivision (2) of this 1574
	1890	+	subsection that it considered and the findings that it made as to the 1575
	1891	+	danger, if any, that the arrested person might pose to the safety of any 1576
	1892	+	other person upon the arrested person's release that caused the court to 1577
	1893	+	impose the specific conditions of release that it imposed. 1578
	1894	+	Sec. 21. Subsection (a) of section 53a-181j of the general statutes is 1579
	1895	+	repealed and the following is substituted in lieu thereof (Effective October 1580
	1896	+	1, 2021): 1581
	1897	+	(a) A person is guilty of intimidation based on bigotry or bias in the 1582
	1898	+	first degree when such person maliciously, and with specific intent to 1583
	1899	+	intimidate or harass another person [because of] motivated in whole or 1584
	1900	+	in substantial part by the actual or perceived race, religion, ethnicity, 1585
	1901	+	disability, sex, sexual orientation or gender identity or expression of 1586
	1902	+	such other person, causes physical injury to such other person or to a 1587
	1903	+	third person. 1588
	1904	+	Sec. 22. Subsection (a) of section 53a-181k of the general statutes is 1589
	1905	+	repealed and the following is substituted in lieu thereof (Effective October 1590
	1906	+	1, 2021): 1591
	1907	+	(a) A person is guilty of intimidation based on bigotry or bias in the 1592
	1908	+	second degree when such person maliciously, and with specific intent 1593
	1909	+	to intimidate or harass another person or group of persons [because of] 1594
	1910	+	motivated in whole or in substantial part by the actual or perceived race, 1595
	1911	+	religion, ethnicity, disability, sex, sexual orientation or gender identity 1596
	1912	+	or expression of such other person or group of persons, does any of the 1597 Substitute Bill No. 1091
	1913	+
	1914	+
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	1917	+	51 of 52
	1918	+
	1919	+	following: (1) Causes physical contact with such other person or group 1598
	1920	+	of persons, (2) damages, destroys or defaces any real or personal 1599
	1921	+	property of such other person or group of persons, or (3) threatens, by 1600
	1922	+	word or act, to do an act described in subdivision (1) or (2) of this 1601
	1923	+	subsection, if there is reasonable cause to believe that an act described 1602
	1924	+	in subdivision (1) or (2) of this subsection will occur. 1603
	1925	+	Sec. 23. Subsection (a) of section 53a-181l of the general statutes is 1604
	1926	+	repealed and the following is substituted in lieu thereof (Effective October 1605
	1927	+	1, 2021): 1606
	1928	+	(a) A person is guilty of intimidation based on bigotry or bias in the 1607
	1929	+	third degree when such person, with specific intent to intimidate or 1608
	1930	+	harass another person or group of persons [because of] motivated in 1609
	1931	+	whole or in substantial part by the actual or perceived race, religion, 1610
	1932	+	ethnicity, disability, sex, sexual orientation or gender identity or 1611
	1933	+	expression of such other person or persons: (1) Damages, destroys or 1612
	1934	+	defaces any real or personal property, or (2) threatens, by word or act, 1613
	1935	+	to do an act described in subdivision (1) of this subsection or advocates 1614
	1936	+	or urges another person to do an act described in subdivision (1) of this 1615
	1937	+	subsection, if there is reasonable cause to believe that an act described 1616
	1938	+	in said subdivision will occur. 1617
	1939	+	This act shall take effect as follows and shall amend the following
	1940	+	sections:
	1941	+
	1942	+	Section 1 October 1, 2021 46b-1
	1943	+	Sec. 2 October 1, 2021 46b-15
	1944	+	Sec. 3 October 1, 2021 46b-15c
	1945	+	Sec. 4 October 1, 2021 46b-38a(3)
	1946	+	Sec. 5 July 1, 2021 46b-38b(g)(5)
	1947	+	Sec. 6 October 1, 2021 46b-38c(e)
	1948	+	Sec. 7 October 1, 2021 46b-54(f)
	1949	+	Sec. 8 October 1, 2021 46b-56
	1950	+	Sec. 9 October 1, 2021 New section
	1951	+	Sec. 10 July 1, 2021 51-27h
	1952	+	Sec. 11 October 1, 2021 51-27i Substitute Bill No. 1091
	1953	+
	1954	+
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	1957	+	52 of 52
	1958	+
	1959	+	Sec. 12 July 1, 2021 17b-105a
	1960	+	Sec. 13 July 1, 2021 17b-749(b) and (c)
	1961	+	Sec. 14 July 1, 2021 17b-191(c)
	1962	+	Sec. 15 October 1, 2021 38a-816
	1963	+	Sec. 16 October 1, 2021 38a-447
	1964	+	Sec. 17 October 1, 2021 38a-465
	1965	+	Sec. 18 from passage New section
	1966	+	Sec. 19 from passage New section
	1967	+	Sec. 20 October 1, 2021 54-64a(a) and (b)
	1968	+	Sec. 21 October 1, 2021 53a-181j(a)
	1969	+	Sec. 22 October 1, 2021 53a-181k(a)
	1970	+	Sec. 23 October 1, 2021 53a-181l(a)
	1971	+
	1972	+
	1973	+	JUD Joint Favorable Subst.
	1974	+	APP Joint Favorable
1367	1975