Substitute Senate Bill No. 1091
Public Act No. 21-78
AN ACT CONCERNING THE DEFINITION OF DOMESTIC
VIOLENCE, REVISING STATUTES CONCERNING DOMESTIC
VIOLENCE, CHILD CUSTODY, FAMILY RELATIONS MATTER
FILINGS AND BIGOTRY OR BIAS CRIMES AND CREATING A
PROGRAM TO PROVIDE LEGAL COUNSEL TO INDIGENTS IN
RESTRAINING ORDER CASES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46b-1 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Matters within the jurisdiction of the Superior Court deemed to
be family relations matters shall be matters affecting or involving: (1)
Dissolution of marriage, contested and uncontested, except dissolution
upon conviction of crime as provided in section [46b-47] 46b-48; (2) legal
separation; (3) annulment of marriage; (4) alimony, support, custody
and change of name incident to dissolution of marriage, legal separation
and annulment; (5) actions brought under section 46b-15, as amended
by this act; (6) complaints for change of name; (7) civil support
obligations; (8) habeas corpus and other proceedings to determine the
custody and visitation of children; (9) habeas corpus brought by or on
behalf of any mentally ill person except a person charged with a criminal
offense; (10) appointment of a commission to inquire whether a person
is wrongfully confined as provided by section 17a-523; (11) juvenile Substitute Senate Bill No. 1091
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matters as provided in section 46b-121; (12) all rights and remedies
provided for in chapter 815j; (13) the establishing of paternity; (14)
appeals from probate concerning: (A) Adoption or termination of
parental rights; (B) appointment and removal of guardians; (C) custody
of a minor child; (D) appointment and removal of conservators; (E)
orders for custody of any child; and (F) orders of commitment of persons
to public and private institutions and to other appropriate facilities as
provided by statute; (15) actions related to prenuptial and separation
agreements and to matrimonial and civil union decrees of a foreign
jurisdiction; (16) dissolution, legal separation or annulment of a civil
union performed in a foreign jurisdiction; (17) custody proceedings
brought under the provisions of chapter 815p; and (18) all such other
matters within the jurisdiction of the Superior Court concerning
children or family relations as may be determined by the judges of said
court.
(b) As used in this title, "domestic violence" means: (1) A continuous
threat of present physical pain or physical injury against a family or
household member, as defined in section 46b-38a, as amended by this
act; (2) stalking, including but not limited to, stalking as described in
section 53a-181d, of such family or household member; (3) a pattern of
threatening, including but not limited to, a pattern of threatening as
described in section 53a-62, of such family or household member or a
third party that intimidates such family or household member; or (4)
coercive control of such family or household member, which is a pattern
of behavior that in purpose or effect unreasonably interferes with a
person's free will and personal liberty. "Coercive control" includes, but
is not limited to, unreasonably engaging in any of the following:
(A) Isolating the family or household member from friends, relatives
or other sources of support;
(B) Depriving the family or household member of basic necessities; Substitute Senate Bill No. 1091
Public Act No. 21-78 3 of 41
(C) Controlling, regulating or monitoring the family or household
member's movements, communications, daily behavior, finances,
economic resources or access to services;
(D) Compelling the family or household member by force, threat or
intimidation, including, but not limited to, threats based on actual or
suspected immigration status, to (i) engage in conduct from which such
family or household member has a right to abstain, or (ii) abstain from
conduct that such family or household member has a right to pursue;
(E) Committing or threatening to commit cruelty to animals that
intimidates the family or household member; or
(F) Forced sex acts, or threats of a sexual nature, including, but not
limited to, threatened acts of sexual conduct, threats based on a person's
sexuality or threats to release sexual images.
Sec. 2. Section 46b-15 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) Any family or household member, as defined in section 46b-38a,
as amended by this act, who [has been subjected to a continuous threat
of present physical pain or physical injury, stalking or a pattern of
threatening, including, but not limited to, a pattern of threatening, as
described in section 53a-62, by another family or household member] is
the victim of domestic violence, as defined in section 46b-1, as amended
by this act, by another family or household member may make an
application to the Superior Court for relief under this section. The court
shall provide any person who applies for relief under this section with
the information set forth in section 46b-15b.
(b) The application form shall allow the applicant, at the applicant's
option, to indicate whether the respondent holds a permit to carry a
pistol or revolver, an eligibility certificate for a pistol or revolver, a long
gun eligibility certificate or an ammunition certificate or possesses one Substitute Senate Bill No. 1091
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or more firearms or ammunition. The application shall be accompanied
by an affidavit made under oath which includes a brief statement of the
conditions from which relief is sought. Upon receipt of the application
the court shall order that a hearing on the application be held not later
than fourteen days from the date of the order except that, if the
application indicates that the respondent holds a permit to carry a pistol
or revolver, an eligibility certificate for a pistol or revolver, a long gun
eligibility certificate or an ammunition certificate or possesses one or
more firearms or ammunition, and the court orders an ex parte order,
the court shall order that a hearing be held on the application not later
than seven days from the date on which the ex parte order is issued. The
court, in its discretion, may make such orders as it deems appropriate
for the protection of the applicant and such dependent children or other
persons as the court sees fit. In making such orders ex parte, the court,
in its discretion, may consider relevant court records if the records are
available to the public from a clerk of the Superior Court or on the
Judicial Branch's Internet web site. In addition, at the time of the
hearing, the court, in its discretion, may also consider a report prepared
by the family services unit of the Judicial Branch that may include, as
available: Any existing or prior orders of protection obtained from the
protection order registry; information on any pending criminal case or
past criminal case in which the respondent was convicted of a violent
crime; any outstanding arrest warrant for the respondent; and the
respondent's level of risk based on a risk assessment tool utilized by the
Court Support Services Division. The report may also include
information pertaining to any pending or disposed family matters case
involving the applicant and respondent. Any report provided by the
Court Support Services Division to the court shall also be provided to
the applicant and respondent. Such orders may include temporary child
custody or visitation rights, and such relief may include, but is not
limited to, an order enjoining the respondent from (1) imposing any
restraint upon the person or liberty of the applicant; (2) threatening,
harassing, assaulting, molesting, sexually assaulting or attacking the Substitute Senate Bill No. 1091
Public Act No. 21-78 5 of 41
applicant; or (3) entering the family dwelling or the dwelling of the
applicant. Such order may include provisions necessary to protect any
animal owned or kept by the applicant including, but not limited to, an
order enjoining the respondent from injuring or threatening to injure
such animal. If an applicant alleges an immediate and present physical
danger to the applicant, the court may issue an ex parte order granting
such relief as it deems appropriate. If a postponement of a hearing on
the application is requested by either party and granted, the ex parte
order shall not be continued except upon agreement of the parties or by
order of the court for good cause shown. If a hearing on the application
is scheduled or an ex parte order is granted and the court is closed on
the scheduled hearing date, the hearing shall be held on the next day the
court is open and any such ex parte order shall remain in effect until the
date of such hearing. If the applicant is under eighteen years of age, a
parent, guardian or responsible adult who brings the application as next
friend of the applicant may not speak on the applicant's behalf at such
hearing unless there is good cause shown as to why the applicant is
unable to speak on his or her own behalf, except that nothing in this
subsection shall preclude such parent, guardian or responsible adult
from testifying as a witness at such hearing. As used in this subsection,
"violent crime" includes: (A) An incident resulting in physical harm,
bodily injury or assault; (B) an act of threatened violence that constitutes
fear of imminent physical harm, bodily injury or assault, including, but
not limited to, stalking or a pattern of threatening; (C) verbal abuse or
argument if there is a present danger and likelihood that physical
violence will occur; and (D) cruelty to animals as set forth in section 53-
247.
(c) If the court issues an ex parte order pursuant to subsection (b) of
this section and service has not been made on the respondent in
conformance with subsection (h) of this section, upon request of the
applicant, the court shall, based on the information contained in the
original application, extend any ex parte order for an additional period Substitute Senate Bill No. 1091
Public Act No. 21-78 6 of 41
not to exceed fourteen days from the originally scheduled hearing date.
The clerk shall prepare a new order of hearing and notice containing the
new hearing date, which shall be served upon the respondent in
accordance with the provisions of subsection (h) of this section.
(d) Any ex parte restraining order entered under subsection (b) of this
section in which the applicant and respondent are spouses, or persons
who have a dependent child or children in common and who live
together, may include, if no order exists, and if necessary to maintain
the safety and basic needs of the applicant or the dependent child or
children in common of the applicant and respondent, in addition to any
orders authorized under subsection (b) of this section, any of the
following: (1) An order prohibiting the respondent from (A) taking any
action that could result in the termination of any necessary utility
services or necessary services related to the family dwelling or the
dwelling of the applicant, (B) taking any action that could result in the
cancellation, change of coverage or change of beneficiary of any health,
automobile or homeowners insurance policy to the detriment of the
applicant or the dependent child or children in common of the applicant
and respondent, or (C) transferring, encumbering, concealing or
disposing of specified property owned or leased by the applicant; or (2)
an order providing the applicant with temporary possession of an
automobile, checkbook, documentation of health, automobile or
homeowners insurance, a document needed for purposes of proving
identity, a key or other necessary specified personal effects.
(e) At the hearing on any application under this section, if the court
grants relief pursuant to subsection (b) of this section and the applicant
and respondent are spouses, or persons who have a dependent child or
children in common and who live together, and if necessary to maintain
the safety and basic needs of the applicant or the dependent child or
children in common of the applicant and respondent, any orders
entered by the court may include, in addition to the orders authorized Substitute Senate Bill No. 1091
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under subsection (b) of this section, any of the following: (1) An order
prohibiting the respondent from (A) taking any action that could result
in the termination of any necessary utility services or services related to
the family dwelling or the dwelling of the applicant, (B) taking any
action that could result in the cancellation, change of coverage or change
of beneficiary of any health, automobile or homeowners insurance
policy to the detriment of the applicant or the dependent child or
children in common of the applicant and respondent, or (C)
transferring, encumbering, concealing or disposing of specified
property owned or leased by the applicant; (2) an order providing the
applicant with temporary possession of an automobile, checkbook,
documentation of health, automobile or homeowners insurance, a
document needed for purposes of proving identity, a key or other
necessary specified personal effects; or (3) an order that the respondent:
(A) Make rent or mortgage payments on the family dwelling or the
dwelling of the applicant and the dependent child or children in
common of the applicant and respondent, (B) maintain utility services
or other necessary services related to the family dwelling or the
dwelling of the applicant and the dependent child or children in
common of the applicant and respondent, (C) maintain all existing
health, automobile or homeowners insurance coverage without change
in coverage or beneficiary designation, or (D) provide financial support
for the benefit of any dependent child or children in common of the
applicant and the respondent, provided the respondent has a legal duty
to support such child or children and the ability to pay. The court shall
not enter any order of financial support without sufficient evidence as
to the ability to pay, including, but not limited to, financial affidavits. If
at the hearing no order is entered under this subsection or subsection
(d) of this section, no such order may be entered thereafter pursuant to
this section. Any order entered pursuant to this subsection shall not be
subject to modification and shall expire one hundred twenty days after
the date of issuance or upon issuance of a superseding order, whichever
occurs first. Any amounts not paid or collected under this subsection or Substitute Senate Bill No. 1091
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subsection (d) of this section may be preserved and collectible in an
action for dissolution of marriage, custody, paternity or support.
(f) (1) Every order of the court made in accordance with this section
shall contain the following language: [(1)] (A) "This order may be
extended by the court beyond one year. In accordance with section 53a-
107 of the Connecticut general statutes, entering or remaining in a
building or any other premises in violation of this order constitutes
criminal trespass in the first degree. This is a criminal offense punishable
by a term of imprisonment of not more than one year, a fine of not more
than two thousand dollars or both."; and [(2)] (B) "In accordance with
section 53a-223b of the Connecticut general statutes, any violation of
subparagraph (A) or (B) of subdivision (2) of subsection (a) of section
53a-223b constitutes criminal violation of a restraining order which is
punishable by a term of imprisonment of not more than five years, a fine
of not more than five thousand dollars, or both. Additionally, any
violation of subparagraph (C) or (D) of subdivision (2) of subsection (a)
of section 53a-223b constitutes criminal violation of a restraining order
which is punishable by a term of imprisonment of not more than ten
years, a fine of not more than ten thousand dollars, or both.".
(2) Each applicant who receives an order of the court in accordance
with this section shall be given a notice that contains the following
language: "If a restraining order has been issued on your behalf or on
behalf of your child, you may elect to give testimony or appear in a
family court proceeding remotely, pursuant to section 46b-15c. Please
notify the court in writing at least two days in advance of a proceeding
if you choose to give testimony or appear remotely, and your physical
presence in the courthouse will not be required in order to participate in
the court proceeding.".
(g) No order of the court shall exceed one year, except that an order
may be extended by the court upon motion of the applicant for such
additional time as the court deems necessary. If the respondent has not Substitute Senate Bill No. 1091
Public Act No. 21-78 9 of 41
appeared upon the initial application, service of a motion to extend an
order may be made by first-class mail directed to the respondent at the
respondent's last-known address.
(h) (1) The applicant shall cause notice of the hearing pursuant to
subsection (b) of this section and a copy of the application and the
applicant's affidavit and of any ex parte order issued pursuant to
subsection (b) of this section to be served on the respondent not less than
three days before the hearing. A proper officer responsible for executing
such service shall accept all documents in an electronic format, if
presented to such officer in such format. The cost of such service shall
be paid for by the Judicial Branch.
(2) When (A) an application indicates that a respondent holds a
permit to carry a pistol or revolver, an eligibility certificate for a pistol
or revolver, a long gun eligibility certificate or an ammunition certificate
or possesses one or more firearms or ammunition, and (B) the court has
issued an ex parte order pursuant to this section, the proper officer
responsible for executing service shall, whenever possible, provide in-
hand service and, prior to serving such order, shall (i) provide notice to
the law enforcement agency for the town in which the respondent will
be served concerning when and where the service will take place, and
(ii) send, or cause to be sent by facsimile or other means, a copy of the
application, the applicant's affidavit, the ex parte order and the notice of
hearing to such law enforcement agency, and (iii) request that a police
officer from the law enforcement agency for the town in which the
respondent will be served be present when service is executed by the
proper officer. Upon receiving a request from a proper officer under the
provisions of this subdivision, the law enforcement agency for the town
in which the respondent will be served may designate a police officer to
be present when service is executed by the proper officer.
(3) Upon the granting of an ex parte order, the clerk of the court shall
provide two copies of the order to the applicant. Upon the granting of Substitute Senate Bill No. 1091
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an order after notice and hearing, the clerk of the court shall provide
two copies of the order to the applicant and a copy to the respondent.
Every order of the court made in accordance with this section after
notice and hearing shall be accompanied by a notification that is
consistent with the full faith and credit provisions set forth in 18 USC
2265(a), as amended from time to time. Immediately after making
service on the respondent, the proper officer shall (A) send or cause to
be sent, by facsimile or other means, a copy of the application, or the
information contained in such application, stating the date and time the
respondent was served, to the law enforcement agency or agencies for
the town in which the applicant resides, the town in which the applicant
is employed and the town in which the respondent resides, and (B) as
soon as possible, but not later than two hours after the time that service
is executed, input into the Judicial Branch's Internet-based service
tracking system the date, time and method of service. If, prior to the date
of the scheduled hearing, service has not been executed, the proper
officer shall input into such service tracking system that service was
unsuccessful. The clerk of the court shall send, by facsimile or other
means, a copy of any ex parte order and of any order after notice and
hearing, or the information contained in any such order, to the law
enforcement agency or agencies for the town in which the applicant
resides, the town in which the applicant is employed and the town in
which the respondent resides, within forty-eight hours of the issuance
of such order. If the victim, or victim's minor child protected by such
order, is enrolled in a public or private elementary or secondary school,
including a technical education and career school, or an institution of
higher education, as defined in section 10a-55, the clerk of the court
shall, upon the request of the victim, send, by facsimile or other means,
a copy of such ex parte order or of any order after notice and hearing, or
the information contained in any such order, to such school or
institution of higher education, the president of any institution of higher
education at which the victim, or victim's minor child protected by such
order, is enrolled and the special police force established pursuant to Substitute Senate Bill No. 1091
Public Act No. 21-78 11 of 41
section 10a-156b, if any, at the institution of higher education at which
the victim, or victim's minor child protected by such order, is enrolled,
if the victim provides the clerk with the name and address of such school
or institution of higher education.
(i) A caretaker who is providing shelter in his or her residence to a
person sixty years or older shall not be enjoined from the full use and
enjoyment of his or her home and property. The Superior Court may
make any other appropriate order under the provisions of this section.
(j) When a motion for contempt is filed for violation of a restraining
order, there shall be an expedited hearing. Such hearing shall be held
within five court days of service of the motion on the respondent,
provided service on the respondent is made not less than twenty-four
hours before the hearing. If the court finds the respondent in contempt
for violation of an order, the court may impose such sanctions as the
court deems appropriate.
(k) An action under this section shall not preclude the applicant from
seeking any other civil or criminal relief.
(l) For purposes of this section, "police officer" means a state police
officer or a sworn member of a municipal police department and "law
enforcement agency" means the Division of State Police within the
Department of Emergency Services and Public Protection or any
municipal police department.
Sec. 3. Section 46b-15c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) In any court proceeding in a family relations matter, as defined in
section 46b-1, as amended by this act, the court [may, within available
resources] shall, upon [motion] the written request of a party or the
attorney for any party made not less than two days prior to such
proceeding, order that the testimony of a party or a child who is a subject Substitute Senate Bill No. 1091
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of the proceeding be taken outside the physical presence of any other
party if a protective order, restraining order or standing criminal
protective order has been issued on behalf of the party or child, and the
other party is subject to the protective order, restraining order or
standing criminal protective order. Such order may provide for the use
of alternative means to obtain the testimony of any party or child,
including, but not limited to, the use of a secure video connection for the
purpose of conducting hearings by videoconference. Such testimony
may be taken in a room other than the courtroom or at another location
outside the courthouse or outside the state. The court shall provide for
the administration of an oath to such party or child prior to the taking
of such testimony in accordance with the rules of the Superior Court.
(b) Nothing in this section shall be construed to limit any party's right
to cross-examine a witness whose testimony is taken in a room other
than the courtroom pursuant to an order under this section.
(c) An order under this section may remain in effect during the
pendency of the proceedings in the family relations matter.
(d) A notice describing the provisions of subsection (a) of this section
shall be (1) posted on the Internet web site of the Judicial Branch, (2)
included in any written or electronic form that describes the automatic
orders in cases involving a dissolution of marriage or legal separation
under section 46b-40, and (3) included in any written or electronic form
provided to a person who receives a protective order under section 46b-
38c, as amended by this act, a standing criminal protective order under
section 54a-40e, as amended by this act, or a restraining order, under
section 46b-15, as amended by this act.
Sec. 4. Subdivision (3) of section 46b-38a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021): Substitute Senate Bill No. 1091
Public Act No. 21-78 13 of 41
(3) "Family violence crime" means a crime as defined in section 53a-
24, other than a delinquent act, as defined in section 46b-120, which, in
addition to its other elements, contains as an element thereof an act of
family violence to a family or household member. "Family violence
crime" includes any violation of section 53a-222, 53a-222a, 53a-223, 53a-
223a or 53a-223b when the condition of release or court order is issued
for an act of family violence or a family violence crime. "Family violence
crime" does not include acts by parents or guardians disciplining minor
children unless such acts constitute abuse.
Sec. 5. Subdivision (5) of subsection (g) of section 46b-38b of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2021):
(5) (A) On and after July 1, [2010] 2021, each law enforcement agency
shall designate at least one officer with supervisory duties to
expeditiously process, upon request of a victim of family violence or
other crime who is applying for U Nonimmigrant Status [(A)] (i) a
certification of helpfulness on Form I-918, Supplement B, or any
subsequent corresponding form designated by the United States
Department of Homeland Security, confirming that the victim of family
violence or other crime has been helpful, is being helpful [,] or is likely
to be helpful in the investigation or prosecution of the criminal activity,
and [(B)] (ii) any subsequent certification required by the victim. As
used in this subparagraph, "expeditiously" means not later than sixty
days after the date of receipt of the request for certification of
helpfulness, or not later than fourteen days after the date of receipt of
such request if (I) the victim is in federal immigration removal
proceedings or detained, or (II) the victim's child, parents or siblings
would become ineligible for an immigration benefit by virtue of the
victim or the sibling of such victim attaining the age of eighteen years,
or the victim's child attaining the age of twenty-one years.
(B) By signing a certification of helpfulness, the officer or agency is Substitute Senate Bill No. 1091
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not making a determination of eligibility for U Nonimmigrant Status.
The officer or agency is solely providing information required by the
United States Department of Homeland Security on such form as is
required by said department and certifying that: (i) The requesting
individual or his or her family member is a victim of one of the
enumerated crimes eligible for U Nonimmigrant Status, (ii) the victim
possesses or possessed information regarding that crime, (iii) the victim
has been, is being or is likely to be helpful in an investigation of that
crime, and (iv) the victim has not failed or refused to provide reasonably
requested information or assistance. A current or ongoing investigation,
filing of criminal charges, prosecution or conviction is not required for
a victim to request and obtain certification under this subdivision.
Sec. 6. Subsection (e) of section 46b-38c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(e) (1) A protective order issued under this section may include
provisions necessary to protect the victim from threats, harassment,
injury or intimidation by the defendant, including, but not limited to, an
order enjoining the defendant from [(1)] (A) imposing any restraint
upon the person or liberty of the victim, [(2)] (B) threatening, harassing,
assaulting, molesting or sexually assaulting the victim, or [(3)] (C)
entering the family dwelling or the dwelling of the victim. A protective
order issued under this section may include provisions necessary to
protect any animal owned or kept by the victim including, but not
limited to, an order enjoining the defendant from injuring or threatening
to injure such animal. Such order shall be made a condition of the bail
or release of the defendant and shall contain the following notification:
"In accordance with section 53a-223 of the Connecticut general statutes,
any violation of this order constitutes criminal violation of a protective
order which is punishable by a term of imprisonment of not more than
ten years, a fine of not more than ten thousand dollars, or both. Substitute Senate Bill No. 1091
Public Act No. 21-78 15 of 41
Additionally, in accordance with section 53a-107 of the Connecticut
general statutes, entering or remaining in a building or any other
premises in violation of this order constitutes criminal trespass in the
first degree which is punishable by a term of imprisonment of not more
than one year, a fine of not more than two thousand dollars, or both.
Violation of this order also violates a condition of your bail or release,
and may result in raising the amount of bail or revoking release." Every
order of the court made in accordance with this section after notice and
hearing shall be accompanied by a notification that is consistent with
the full faith and credit provisions set forth in 18 USC 2265(a), as
amended from time to time. The information contained in and
concerning the issuance of any protective order issued under this
section shall be entered in the registry of protective orders pursuant to
section 51-5c.
(2) Each person who receives an order of the court in accordance with
this subsection shall be given a notice that contains the following
language: "If a protective order has been issued on your behalf or on
behalf of your child, you may elect to give testimony or appear in a
family court proceeding remotely, pursuant to section 46b-15c. Please
notify the court in writing at least two days in advance of a proceeding
if you choose to give testimony or appear remotely, and your physical
presence in the courthouse will not be required in order to participate in
the court proceeding.".
Sec. 7. Section 53a-40e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) If any person is convicted of (1) a violation of section 53a-70b of
the general statutes, revision of 1958, revised to January 1, 2019, or
subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59,
53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70c, 53a-
71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or
53a-183, subdivision (2) of subsection (a) of section 53a-192a, section 53a- Substitute Senate Bill No. 1091
Public Act No. 21-78 16 of 41
223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said
sections or section 53a-54a, or (2) any crime that the court determines
constitutes a family violence crime, as defined in section 46b-38a, as
amended by this act, or attempt or conspiracy to commit any such crime,
the court may, in addition to imposing the sentence authorized for the
crime under section 53a-35a or 53a-36, if the court is of the opinion that
the history and character and the nature and circumstances of the
criminal conduct of such offender indicate that a standing criminal
protective order will best serve the interest of the victim and the public,
issue a standing criminal protective order which shall remain in effect
for a duration specified by the court until modified or revoked by the
court for good cause shown. If any person is convicted of any crime not
specified in subdivision (1) or (2) of this subsection, the court may, for
good cause shown, issue a standing criminal protective order pursuant
to this subsection.
(b) Such standing criminal protective order may include, but need not
be limited to, provisions enjoining the offender from (1) imposing any
restraint upon the person or liberty of the victim; (2) threatening,
harassing, assaulting, molesting, sexually assaulting or attacking the
victim; or (3) entering the family dwelling or the dwelling of the victim.
If the victim is enrolled in a public or private elementary or secondary
school, including a technical high school, or an institution of higher
education, as defined in section 10a-55, the clerk of the court shall, upon
the request of the victim, send, by facsimile or other means, a copy of
such standing criminal protective order, or the information contained in
any such order, to such school or institution of higher education, the
president of any institution of higher education at which the victim is
enrolled and the special police force established pursuant to section 10a-
142, if any, at the institution of higher education at which the victim is
enrolled, if the victim provides the clerk with the name and address of
such school or institution of higher education. Substitute Senate Bill No. 1091
Public Act No. 21-78 17 of 41
(c) (1) Such standing criminal protective order shall include the
following notice: "In accordance with section 53a-223a of the
Connecticut general statutes, violation of this order shall be punishable
by a term of imprisonment of not less than one year nor more than ten
years, a fine of not more than ten thousand dollars, or both.".
(2) Upon issuance of a standing criminal protective order under
subsection (a) of this section, each victim protected by such order shall
be given a notice that contains the following language: "If a standing
criminal protective order has been issued on your behalf or on behalf of
your child, you may elect to give testimony or appear in a family court
proceeding remotely, pursuant to section 46b-15c. Please notify the
court in writing at least two days in advance of a proceeding if you
choose to give testimony or appear remotely, and your physical
presence in the courthouse will not be required in order to participate in
the court proceeding.".
(d) For the purposes of this section and any other provision of the
general statutes, "standing criminal protective order" means (1) a
standing criminal restraining order issued prior to October 1, 2010, or
(2) a standing criminal protective order issued on or after October 1,
2010.
Sec. 8. Subsection (f) of section 46b-54 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(f) When recommending the entry of any order as provided in
subsections (a) and (b) of section 46b-56, as amended by this act, counsel
or a guardian ad litem for the minor child shall consider the best
interests of the child, and in doing so shall consider, but not be limited
to, one or more of the following factors: (1) The physical and emotional
safety of the child; (2) the temperament and developmental needs of the
child; [(2)] (3) the capacity and the disposition of the parents to Substitute Senate Bill No. 1091
Public Act No. 21-78 18 of 41
understand and meet the needs of the child; [(3)] (4) any relevant and
material information obtained from the child, including the informed
preferences of the child; [(4)] (5) the wishes of the child's parents as to
custody; [(5)] (6) the past and current interaction and relationship of the
child with each parent, the child's siblings and any other person who
may significantly affect the best interests of the child; [(6)] (7) the
willingness and ability of each parent to facilitate and encourage such
continuing parent-child relationship between the child and the other
parent as is appropriate, including compliance with any court orders;
[(7)] (8) any manipulation by or coercive behavior of the parents in an
effort to involve the child in the parents' dispute; [(8)] (9) the ability of
each parent to be actively involved in the life of the child; [(9)] (10) the
child's adjustment to his or her home, school and community
environments; [(10)] (11) the length of time that the child has lived in a
stable and satisfactory environment and the desirability of maintaining
continuity in such environment, provided counsel or a guardian ad
litem for the minor child may consider favorably a parent who
voluntarily leaves the child's family home pendente lite in order to
alleviate stress in the household; [(11)] (12) the stability of the child's
existing or proposed residences, or both; [(12)] (13) the mental and
physical health of all individuals involved, except that a disability of a
proposed custodial parent or other party, in and of itself, shall not be
determinative of custody unless the proposed custodial arrangement is
not in the best interests of the child; [(13)] (14) the child's cultural
background; [(14)] (15) the effect on the child of the actions of an abuser,
if any domestic violence, as defined in section 46b-1, as amended by this
act, has occurred between the parents or between a parent and another
individual or the child; [(15)] (16) whether the child or a sibling of the
child has been abused or neglected, as defined respectively in section
46b-120; and [(16)] (17) whether a party satisfactorily completed
participation in a parenting education program established pursuant to
section 46b-69b. Counsel or a guardian ad litem for the minor child shall
not be required to assign any weight to any of the factors considered. Substitute Senate Bill No. 1091
Public Act No. 21-78 19 of 41
Sec. 9. Section 46b-56 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) In any controversy before the Superior Court as to the custody or
care of minor children, and at any time after the return day of any
complaint under section 46b-45, the court may make or modify any
proper order regarding the custody, care, education, visitation and
support of the children if it has jurisdiction under the provisions of
chapter 815p. Subject to the provisions of section 46b-56a, the court may
assign parental responsibility for raising the child to the parents jointly,
or may award custody to either parent or to a third party, according to
its best judgment upon the facts of the case and subject to such
conditions and limitations as it deems equitable. The court may also
make any order granting the right of visitation of any child to a third
party to the action, including, but not limited to, grandparents.
(b) In making or modifying any order as provided in subsection (a)
of this section, the rights and responsibilities of both parents shall be
considered and the court shall enter orders accordingly that serve the
best interests of the child and provide the child with the active and
consistent involvement of both parents commensurate with their
abilities and interests. Such orders may include, but shall not be limited
to: (1) Approval of a parental responsibility plan agreed to by the
parents pursuant to section 46b-56a; (2) the award of joint parental
responsibility of a minor child to both parents, which shall include (A)
provisions for residential arrangements with each parent in accordance
with the needs of the child and the parents, and (B) provisions for
consultation between the parents and for the making of major decisions
regarding the child's health, education and religious upbringing; (3) the
award of sole custody to one parent with appropriate parenting time for
the noncustodial parent where sole custody is in the best interests of the
child; or (4) any other custody arrangements as the court may determine
to be in the best interests of the child. Substitute Senate Bill No. 1091
Public Act No. 21-78 20 of 41
(c) In making or modifying any order as provided in subsections (a)
and (b) of this section, the court shall consider the best interests of the
child, and in doing so, may consider, but shall not be limited to, one or
more of the following factors: (1) The physical and emotional safety of
the child; (2) the temperament and developmental needs of the child;
[(2)] (3) the capacity and the disposition of the parents to understand
and meet the needs of the child; [(3)] (4) any relevant and material
information obtained from the child, including the informed
preferences of the child; [(4)] (5) the wishes of the child's parents as to
custody; [(5)] (6) the past and current interaction and relationship of the
child with each parent, the child's siblings and any other person who
may significantly affect the best interests of the child; [(6)] (7) the
willingness and ability of each parent to facilitate and encourage such
continuing parent-child relationship between the child and the other
parent as is appropriate, including compliance with any court orders;
[(7)] (8) any manipulation by or coercive behavior of the parents in an
effort to involve the child in the parents' dispute; [(8)] (9) the ability of
each parent to be actively involved in the life of the child; [(9)] (10) the
child's adjustment to his or her home, school and community
environments; [(10)] (11) the length of time that the child has lived in a
stable and satisfactory environment and the desirability of maintaining
continuity in such environment, provided the court may consider
favorably a parent who voluntarily leaves the child's family home
pendente lite in order to alleviate stress in the household; [(11)] (12) the
stability of the child's existing or proposed residences, or both; [(12)] (13)
the mental and physical health of all individuals involved, except that a
disability of a proposed custodial parent or other party, in and of itself,
shall not be determinative of custody unless the proposed custodial
arrangement is not in the best interests of the child; [(13)] (14) the child's
cultural background; [(14)] (15) the effect on the child of the actions of
an abuser, if any domestic violence, as defined in section 46b-1, as
amended by this act, has occurred between the parents or between a
parent and another individual or the child; [(15)] (16) whether the child Substitute Senate Bill No. 1091
Public Act No. 21-78 21 of 41
or a sibling of the child has been abused or neglected, as defined
respectively in section 46b-120; and [(16)] (17) whether the party
satisfactorily completed participation in a parenting education program
established pursuant to section 46b-69b. The court is not required to
assign any weight to any of the factors that it considers, but shall
articulate the basis for its decision.
(d) Upon the issuance of any order assigning custody of the child to
the Commissioner of Children and Families, or not later than sixty days
after the issuance of such order, the court shall make a determination
whether the Department of Children and Families made reasonable
efforts to keep the child with his or her parents prior to the issuance of
such order and, if such efforts were not made, whether such reasonable
efforts were not possible, taking into consideration the best interests of
the child, including the child's health and safety.
(e) In determining whether a child is in need of support and, if in
need, the respective abilities of the parents to provide support, the court
shall take into consideration all the factors enumerated in section 46b-
84.
(f) When the court is not sitting, any judge of the court may make any
order in the cause which the court might make under this section,
including orders of injunction, prior to any action in the cause by the
court.
(g) A parent not granted custody of a minor child shall not be denied
the right of access to the academic, medical, hospital or other health
records of such minor child, unless otherwise ordered by the court for
good cause shown.
(h) Notwithstanding the provisions of subsections (b) and (c) of this
section, when a motion for modification of custody or visitation is
pending before the court or has been decided by the court and the Substitute Senate Bill No. 1091
Public Act No. 21-78 22 of 41
investigation ordered by the court pursuant to section 46b-6
recommends psychiatric or psychological therapy for a child, and such
therapy would, in the court's opinion, be in the best interests of the child
and aid the child's response to a modification, the court may order such
therapy and reserve judgment on the motion for modification.
(i) As part of a decision concerning custody or visitation, the court
may order either parent or both of the parents and any child of such
parents to participate in counseling and drug or alcohol screening,
provided such participation is in the best interests of the child.
Sec. 10. (NEW) (Effective October 1, 2021) In any family relations
matter described in section 46b-1 of the general statutes, as amended by
this act, if the court finds that a pattern of frivolous and intentionally
fabricated pleadings or motions are filed by one party, the court shall
sanction such party in an appropriate manner so as to allow such matter
to proceed without undue delay or obstruction by the party filing such
pleadings or motions.
Sec. 11. Section 51-27h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
The Chief Court Administrator shall provide in each court where
family matters or family violence matters are heard or where a domestic
violence docket, as defined in section 51-181e, is located a secure room
for victims of family violence crimes and advocates for victims of family
violence crimes which is separate from any public or private area of the
court intended to accommodate the respondent or defendant or the
respondent's or defendant's family, friends, attorneys or witnesses and
separate from the office of the state's attorney, provided that in
courthouses constructed prior to July 1, 2021, such a room is available
and the use of such room is practical.
Sec. 12. Section 51-27i of the general statutes is repealed and the Substitute Senate Bill No. 1091
Public Act No. 21-78 23 of 41
following is substituted in lieu thereof (Effective July 1, 2021):
(a) As used in this section:
(1) "Domestic violence agency" means any office, shelter, host home
or agency offering assistance to victims of domestic violence through
crisis intervention, emergency shelter referral and medical and legal
advocacy, and which meets the Department of Social Services' criteria
of service provision for such agencies.
(2) "Family violence victim advocate" means a person (A) who is
employed by and under the control of a direct service supervisor of a
domestic violence agency, (B) who has undergone a minimum of twenty
hours of training which shall include, but not be limited to, the
dynamics of domestic violence, crisis intervention, communication
skills, working with diverse populations, an overview of the state
criminal justice and civil family court systems and information about
state and community resources for victims of domestic violence, (C)
who is certified as a counselor by the domestic violence agency that
provided such training, and (D) whose primary purpose is the
rendering of advice, counsel and assistance to, and the advocacy of the
cause of, victims of domestic violence.
(b) The Chief Court Administrator shall permit one or more family
violence victim advocates to provide services to victims of domestic
violence in (1) the Family Division of the Superior Court in [one or more
judicial districts] each judicial district, and (2) each geographical area
court in the state.
(c) Notwithstanding any provision of the general statutes restricting
the disclosure of documents, upon request, a family violence victim
advocate providing services in the Family Division of the Superior
Court or a geographical area court shall be provided with a copy of any
police report in the possession of the state's attorney, the Division of Substitute Senate Bill No. 1091
Public Act No. 21-78 24 of 41
State Police within the Department of Emergency Services and Public
Protection, any municipal police department or any other law
enforcement agency that the family violence victim advocate requires to
perform the responsibilities and duties set forth in subsection (b) of this
section.
Sec. 13. Subsection (a) of section 17b-112g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) The Commissioner of Social Services shall offer immediate
diversion assistance designed to prevent certain families who are
applying for monthly temporary family assistance from needing such
assistance. Diversion assistance shall be offered to families that (1) upon
initial assessment are determined eligible for temporary family
assistance, (2) demonstrate a short-term need that cannot be met with
current or anticipated family resources, and (3) with the provision of a
service or short-term benefit, would be prevented from needing
monthly temporary family assistance. Within resources available to the
Department of Social Services, a person who requests diversion
assistance on the basis of being a victim of domestic violence, as defined
in section 17b-112a, shall be deemed to satisfy subdivision (2) of this
subsection and shall not be subject to the requirements of subdivision
(3) of this subsection. In determining whether the family of such a victim
of domestic violence satisfies the requirements of subdivision (1) of this
subsection and the appropriate amount of diversion assistance to
provide, the commissioner shall not include as a member of the family
the spouse, domestic partner or other household member credibly
accused of domestic violence by such victim, nor shall the commissioner
count the income or assets of such a spouse, domestic partner or other
household member. For purposes of this subsection, allegations of
domestic violence may be substantiated by the commissioner pursuant
to the provisions of subsection (b) of section 17b-112a. Substitute Senate Bill No. 1091
Public Act No. 21-78 25 of 41
Sec. 14. Section 17b-191 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Notwithstanding the provisions of sections 17b-190, 17b-195 and
17b-196, the Commissioner of Social Services shall operate a state-
administered general assistance program in accordance with this section
and sections 17b-131, 17b-193, 17b-194, 17b-197 and 17b-198.
Notwithstanding any provision of the general statutes, on and after
October 1, 2003, no town shall be reimbursed by the state for any general
assistance medical benefits incurred after September 30, 2003, and on
and after March 1, 2004, no town shall be reimbursed by the state for
any general assistance cash benefits or general assistance program
administrative costs incurred after February 29, 2004.
(b) The state-administered general assistance program shall provide
cash assistance of (1) two hundred dollars per month for an
unemployable person upon determination of such pe rson's
unemployability; (2) two hundred dollars per month for a transitional
person who is required to pay for shelter; and (3) fifty dollars per month
for a transitional person who is not required to pay for shelter. The
standard of assistance paid for individuals residing in rated boarding
facilities shall remain at the level in effect on August 31, 2003. No person
shall be eligible for cash assistance under the program if eligible for cash
assistance under any other state or federal cash assistance program. The
standards of assistance set forth in this subsection shall be subject to
annual increases, as described in subsection (b) of section 17b-104.
(c) To be eligible for cash assistance under the program, a person shall
(1) be (A) eighteen years of age or older; (B) a minor found by a court to
be emancipated pursuant to section 46b-150; or (C) under eighteen years
of age and the commissioner determines good cause for such person's
eligibility, and (2) not have assets exceeding two hundred fifty dollars
or, if such person is married, such person and his or her spouse shall not
have assets exceeding five hundred dollars. In determining eligibility, Substitute Senate Bill No. 1091
Public Act No. 21-78 26 of 41
the commissioner shall not consider as income Aid and Attendance
pension benefits granted to a veteran, as defined in section 27-103, or the
surviving spouse of such veteran. No person who is a substance abuser
and refuses or fails to enter available, appropriate treatment shall be
eligible for cash assistance under the program until such person enters
treatment. No person whose benefits from the temporary family
assistance program have terminated as a result of time-limited benefits
or for failure to comply with a program requirement shall be eligible for
cash assistance under the program.
(d) Prior to or upon discontinuance of assistance, a person previously
determined to be a transitional person may petition the commissioner
to review the determination of his or her status. In such review, the
commissioner shall consider factors, including, but not limited to: (1)
Age; (2) education; (3) vocational training; (4) mental and physical
health; and (5) employment history and shall make a determination of
such person's ability to obtain gainful employment.
(e) Notwithstanding any other provision of this section or section
17b-194, a victim of domestic violence, as defined in section 17b-112a,
who is not eligible for diversion assistance under the provisions of
section 17b-112g, as amended by this act, shall be eligible for a one-time
assistance payment under the state-administered general assistance
program within resources available to the Department of Social
Services. Such payment shall be equivalent to that which such victim
would be entitled to receive as diversion assistance if such victim and
his or her family, if any, were eligible for diversion assistance. In
determining whether and in what amount a victim of domestic violence
and his or her family are eligible for a one-time assistance payment
pursuant to this subsection, the commissioner shall not include as a
member of such victim's family the spouse, domestic partner or other
household member credibly accused of domestic violence by such
victim, nor shall the commissioner count the income or assets of such a Substitute Senate Bill No. 1091
Public Act No. 21-78 27 of 41
spouse, domestic partner or other household member. For purposes of
this subsection, allegations of domestic violence may be substantiated
by the commissioner pursuant to the provisions of subsection (b) of
section 17b-112a, and "family" has the same meaning as used in section
17b-112, except as otherwise provided in this subsection.
Sec. 15. (NEW) (Effective from passage) (a) There is established a grant
program to provide individuals who are indigent with access to legal
assistance at no cost when making an application for a restraining order
under section 46b-15 of the general statutes, as amended by this act. The
grant program shall be administered by the organization that
administers the program for the use of interest earned on lawyers'
clients' funds accounts pursuant to section 51-81c of the general statutes.
Funds appropriated to the Judicial Branch for the purpose of the grant
program shall be transferred to the organization administering the
program.
(b) Not later than three months after receiving funding in any year
from the state, the organization administering the program shall issue a
request for proposals from nonprofit entities whose principal purpose
is providing legal services at no cost to individuals who are indigent, for
the purpose of awarding grants to provide counsel to indigent
individuals who express an interest in applying for a restraining order
pursuant to section 46b-15 of the general statutes, as amended by this
act, and, to the extent practicable within the funding awarded,
representing such individuals throughout the process of applying for
such restraining order, including at prehearing conferences and at the
hearing on an application. A nonprofit entity responding to the request
for proposals may partner with law schools or other non-profit entities
or publicly funded organizations that are not governmental entities, for
the provision of services pursuant to a grant. Each response to the
request for proposals shall specify the judicial district courthouse, or
courthouses, for which services will be provided. Substitute Senate Bill No. 1091
Public Act No. 21-78 28 of 41
(c) The organization administering the program may only award a
grant (1) to provide services in the judicial districts of Fairfield,
Hartford, New Haven, Stamford-Norwalk or Waterbury, and (2) in an
amount not to exceed two hundred thousand dollars, except that a grant
to provide services in the judicial district with the highest average
number of applications for restraining orders under section 46b-15 of
the general statutes, as amended by this act, over the previous three
fiscal years may receive a grant of not more than four hundred thousand
dollars. Grants may not be used to provide services to individuals who
are not indigent.
(d) The organization administering the program may only award a
grant to a nonprofit entity whose principal purpose is providing legal
services to individuals who are indigent, if such nonprofit entity
demonstrates the ability to:
(1) Verify at the time of meeting with an individual that such
potential client is indigent and meets applicable household income
eligibility requirements set by the entity;
(2) Arrange for at least one individual who has the relevant training
or experience and is authorized to provide legal counsel to eligible
indigent individuals who express an interest in applying for a
restraining order, to be present in the courthouse or courthouses
identified in response to the request for proposals or be available to meet
remotely during all business hours;
(3) To the greatest extent practicable within the funding awarded,
provide continued representation to eligible indigent individuals
throughout the restraining order process, including in court for the
hearing on the restraining order, when such individuals request such
continued representation after receiving assistance with a restraining
order application; Substitute Senate Bill No. 1091
Public Act No. 21-78 29 of 41
(4) Provide any individual in the courthouse who expresses an
interest in applying for a restraining order with all applicable forms that
may be necessary to apply for a restraining order; and
(5) Track and report to the organization administering the program
on the services provided pursuant to the program, including (A) the
procedural outcomes of restraining order applications filed, (B) the
number of instances where legal counsel was provided prior to the filing
of an application but not during the remainder of the restraining order
process, and the reasons limiting the duration of such representation,
and (C) information on any other legal representation provided to
individuals pursuant to the program on matters that were ancillary to
the circumstances that supported the application for a restraining order.
(e) In awarding grants, the organization administering the program
shall give preference to nonprofit entities (1) that demonstrate the ability
to provide legal representation to clients regarding matters ancillary to
the circumstances that supported the application for a restraining order;
(2) with experience offering legal representation to individuals during
the restraining order process; or (3) that can provide quality remote
services should courthouses be closed to the public.
(f) The Chief Court Administrator shall:
(1) Provide each grant recipient with office space, if available, in the
judicial district courthouse or courthouses served by such recipient
under the grant program to conduct intake interviews and assist clients
with applications for restraining orders;
(2) Require court clerks at such courthouses, prior to accepting an
application for a restraining order pursuant to section 46b-15 of the
general statutes, as amended by this act, to (A) inform each individual
filing such application, or inquiring about filing such an application,
that pro bono legal services are available from the grant recipient for Substitute Senate Bill No. 1091
Public Act No. 21-78 30 of 41
income-eligible individuals and, if office space has been provided to the
grant recipient, where the grant recipient is located in the courthouse,
and (B) if cards or pamphlets containing information about pro bono
legal services have been provided to the courthouse by the grant
recipient, provide such a card or pamphlet to the individual; and
(3) If a poster of reasonable size containing information about pro
bono legal services has been provided to a courthouse served by a grant
recipient, require the display of such poster in a manner that is visible
to the public at or near the location where applications for a restraining
order are filed in such courthouse.
(g) The Chief Court Administrator shall post on the Internet web site
of the Judicial Branch where instructions for filing a restraining order
pursuant to section 46b-15 of the general statutes, as amended by this
act, are provided, information on the pro bono legal services available
from grant recipients for income-eligible individuals at the applicable
courthouses.
(h) For each year that funding is provided for the program under this
section, the organization administering the program shall either
conduct, or partner with an academic institution or other qualified
entity for the purpose of conducting, an analysis of the impact of the
program, including, but not limited to, (1) the procedural outcomes for
applications filed in association with services provided by grant
recipients under the program, (2) the types and extent of legal services
provided to individuals served pursuant to the program, including on
matters ancillary to the restraining order application, and (3) the
number of cases where legal services were provided before an
application was filed but legal representation did not continue during
the restraining order process and the reasons for such limited
representations. Not later than July first of the year following any year
in which the program received funding, the organization administering
the program shall submit a report on the results of such analysis in Substitute Senate Bill No. 1091
Public Act No. 21-78 31 of 41
accordance with the provisions of section 11-4a of the general statutes,
to the joint standing committee of the General Assembly having
cognizance of matters relating to the judiciary.
(i) Up to five per cent of the total amount received by the organization
administering the grant program may be used for the reasonable costs
of administering the program, including the completion of the analysis
and report required by subsection (h) of this section.
Sec. 16. Subsections (a) and (b) of section 54-64a of the general statutes
are repealed and the following is substituted in lieu thereof (Effective
October 1, 2021):
(a) (1) Except as provided in subdivision (2) of this subsection and
subsection (b) of this section, when any arrested person is presented
before the Superior Court, said court shall, in bailable offenses,
promptly order the release of such person upon the first of the following
conditions of release found sufficient to reasonably ensure the
appearance of the arrested person in court: (A) Upon execution of a
written promise to appear without special conditions, (B) upon
execution of a written promise to appear with nonfinancial conditions,
(C) upon execution of a bond without surety in no greater amount than
necessary, (D) upon execution of a bond with surety in no greater
amount than necessary, but in no event shall a judge prohibit a bond
from being posted by surety. In addition to or in conjunction with any
of the conditions enumerated in subparagraphs (A) to (D), inclusive, of
this subdivision the court may, when it has reason to believe that the
person is drug-dependent and where necessary, reasonable and
appropriate, order the person to submit to a urinalysis drug test and to
participate in a program of periodic drug testing and treatment. The
results of any such drug test shall not be admissible in any criminal
proceeding concerning such person.
(2) If the arrested person is charged with no offense other than a Substitute Senate Bill No. 1091
Public Act No. 21-78 32 of 41
misdemeanor, the court shall not impose financial conditions of release
on the person unless (A) the person is charged with a family violence
crime, as defined in section 46b-38a, as amended by this act, or (B) the
person requests such financial conditions, or (C) the court makes a
finding on the record that there is a likely risk that (i) the arrested person
will fail to appear in court, as required, or (ii) the arrested person will
obstruct or attempt to obstruct justice, or threaten, injure or intimidate
or attempt to threaten, injure or intimidate a prospective witness or
juror, or (iii) the arrested person will engage in conduct that threatens
the safety of himself or herself or another person. In making a finding
described in this subsection, the court may consider past criminal
history, including any prior record of failing to appear as required in
court that resulted in any conviction for a violation of section 53a-172 or
any conviction during the previous ten years for a violation of section
53a-173 and any other pending criminal cases of the person charged
with a misdemeanor.
(3) The court may, in determining what conditions of release will
reasonably ensure the appearance of the arrested person in court,
consider the following factors: (A) The nature and circumstances of the
offense, (B) such person's record of previous convictions, (C) such
person's past record of appearance in court, (D) such person's family
ties, (E) such person's employment record, (F) such person's financial
resources, character and mental condition, [and] (G) such person's
community ties, and (H) in the case of a violation of 53a-222a when the
condition of release was issued for a family violence crime, as defined
in section 46b-38a, as amended by this act, the heightened risk posed to
victims of family violence by violations of conditions of release.
(b) (1) When any arrested person charged with the commission of a
class A felony, a class B felony, except a violation of section 53a-86 or
53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or
53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, Substitute Senate Bill No. 1091
Public Act No. 21-78 33 of 41
section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216,
or a family violence crime, as defined in section 46b-38a, as amended by
this act, is presented before the Superior Court, said court shall, in
bailable offenses, promptly order the release of such person upon the
first of the following conditions of release found sufficient to reasonably
ensure the appearance of the arrested person in court and that the safety
of any other person will not be endangered: (A) Upon such person's
execution of a written promise to appear without special conditions, (B)
upon such person's execution of a written promise to appear with
nonfinancial conditions, (C) upon such person's execution of a bond
without surety in no greater amount than necessary, (D) upon such
person's execution of a bond with surety in no greater amount than
necessary, but in no event shall a judge prohibit a bond from being
posted by surety. In addition to or in conjunction with any of the
conditions enumerated in subparagraphs (A) to (D), inclusive, of this
subdivision, the court may, when it has reason to believe that the person
is drug-dependent and where necessary, reasonable and appropriate,
order the person to submit to a urinalysis drug test and to participate in
a program of periodic drug testing and treatment. The results of any
such drug test shall not be admissible in any criminal proceeding
concerning such person.
(2) The court may, in determining what conditions of release will
reasonably ensure the appearance of the arrested person in court and
that the safety of any other person will not be endangered, consider the
following factors: (A) The nature and circumstances of the offense, (B)
such person's record of previous convictions, (C) such person's past
record of appearance in court after being admitted to bail, (D) such
person's family ties, (E) such person's employment record, (F) such
person's financial resources, character and mental condition, (G) such
person's community ties, (H) the number and seriousness of charges
pending against the arrested person, (I) the weight of the evidence
against the arrested person, (J) the arrested person's history of violence, Substitute Senate Bill No. 1091
Public Act No. 21-78 34 of 41
(K) whether the arrested person has previously been convicted of
similar offenses while released on bond, [and] (L) the likelihood based
upon the expressed intention of the arrested person that such person
will commit another crime while released, and (M) the heightened risk
posed to victims of family violence by violations of conditions of release
and court orders of protection.
(3) When imposing conditions of release under this subsection, the
court shall state for the record any factors under subdivision (2) of this
subsection that it considered and the findings that it made as to the
danger, if any, that the arrested person might pose to the safety of any
other person upon the arrested person's release that caused the court to
impose the specific conditions of release that it imposed.
Sec. 17. Subsection (a) of section 53a-181j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) A person is guilty of intimidation based on bigotry or bias in the
first degree when such person maliciously, and with specific intent to
intimidate or harass another person [because of] motivated in whole or
in substantial part by the actual or perceived race, religion, ethnicity,
disability, sex, sexual orientation or gender identity or expression of
such other person, causes physical injury to such other person or to a
third person.
Sec. 18. Subsection (a) of section 53a-181k of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) A person is guilty of intimidation based on bigotry or bias in the
second degree when such person maliciously, and with specific intent
to intimidate or harass another person or group of persons [because of]
motivated in whole or in substantial part by the actual or perceived race, Substitute Senate Bill No. 1091
Public Act No. 21-78 35 of 41
religion, ethnicity, disability, sex, sexual orientation or gender identity
or expression of such other person or group of persons, does any of the
following: (1) Causes physical contact with such other person or group
of persons, (2) damages, destroys or defaces any real or personal
property of such other person or group of persons, or (3) threatens, by
word or act, to do an act described in subdivision (1) or (2) of this
subsection, if there is reasonable cause to believe that an act described
in subdivision (1) or (2) of this subsection will occur.
Sec. 19. Subsection (a) of section 53a-181l of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) A person is guilty of intimidation based on bigotry or bias in the
third degree when such person, with specific intent to intimidate or
harass another person or group of persons [because of] motivated in
whole or in substantial part by the actual or perceived race, religion,
ethnicity, disability, sex, sexual orientation or gender identity or
expression of such other person or persons: (1) Damages, destroys or
defaces any real or personal property, or (2) threatens, by word or act,
to do an act described in subdivision (1) of this subsection or advocates
or urges another person to do an act described in subdivision (1) of this
subsection, if there is reasonable cause to believe that an act described
in said subdivision will occur.
Sec. 20. (NEW) (Effective October 1, 2021) (a) Upon the request of a
tenant, a landlord shall change the locks or permit the tenant to change
the locks to a tenant's dwelling unit when: (1) The tenant is named as a
protected person in (A) a protective or restraining order issued by a
court of this state, including, but not limited to, an order issued pursuant
to sections 46b-15, 46b-16a, 46b-38c, 53a-40e and 54-1k of the general
statutes, as amended by this act, that is in effect at the time the tenant
makes such request of the landlord, or (B) a foreign order of protection
that has been registered in this state pursuant to section 46b-15a of the Substitute Senate Bill No. 1091
Public Act No. 21-78 36 of 41
general statutes, as amended by this act, that is in effect at the time the
tenant makes such request of the landlord; (2) the protective order,
restraining order or foreign order of protection requires the respondent
or defendant to (A) stay away from the home of the tenant, or (B) stay a
minimum distance away from the tenant; and (3) the tenant provides a
copy of such protective order, restraining order or foreign order of
protection to the landlord. A landlord who is required to change a
tenant's locks or permit the tenant to change a tenant's locks under this
subsection shall, not later than six hours after receipt of the request,
inform the tenant whether the landlord will change the locks or permit
the tenant to change the locks. If the landlord agrees to change the locks,
the landlord shall do so not later than forty-eight hours after the date
that the tenant makes such request.
(b) If a landlord has informed the tenant that the tenant is responsible
for changing the locks, fails to change the locks, or fails to permit a
tenant to change the locks within the timeframe prescribed under
subsection (a) of this section, the tenant may proceed to change the
locks. If a tenant changes the locks, the tenant shall ensure that the locks
are changed in a workmanlike manner, utilizing locks of similar or
improved quality as compared to the original locks. The landlord may
replace a lock installed by or at the behest of a tenant if the locks installed
were not of similar or improved quality or were not installed properly.
If a tenant changes the locks to his or her dwelling unit under this
subsection, the tenant shall provide a key to the new locks to the
landlord not later than two business days after the date on which the
locks were changed, except when good cause prevents the tenant from
providing a key to the landlord within the prescribed time period.
(c) When a landlord changes the locks to a dwelling unit under
subsection (a) or (b) of this section, the landlord (1) shall, if using a
professional contractor or locksmith, be responsible for payment to such
contractor or locksmith, (2) shall, at or prior to the time of changing such Substitute Senate Bill No. 1091
Public Act No. 21-78 37 of 41
locks, provide a key to the new locks to the tenant, and (3) may charge
a fee to the tenant not exceeding the actual reasonable cost of changing
the locks. If the tenant fails to pay the fee, such cost may be recouped by
suit against the tenant or as a deduction from the security deposit when
the tenant vacates the dwelling unit, but shall not be the basis for a
summary process action under chapter 832 of the general statutes. For
purposes of this subsection, "actual reasonable cost" means the cost of
the lock mechanism, as well as the fee paid by the landlord for
professional contractor or locksmith services.
(d) A landlord may reprogram a digital or electronic lock with a new
entry code to comply with the provisions of this section.
(e) If a tenant residing in the dwelling unit is named as the respondent
or defendant in an order described in subsection (a) of this section and
under such order is required to stay away from the dwelling unit, the
landlord shall not provide a key to such tenant for the new locks. Absent
a court order permitting a tenant who is the respondent or defendant in
such order to return to the dwelling unit to retrieve his or her
possessions and personal effects, the landlord has no duty under the
rental agreement or by law to allow such tenant access to the dwelling
unit once the landlord has been provided with a court order requiring
such tenant to stay away from the dwelling unit, and the landlord shall
not permit such tenant to access the dwelling unit. Any tenant excluded
from the dwelling unit under this section remains liable under the rental
agreement with any other tenant of the dwelling unit for rent or
damages to the dwelling unit.
(f) A landlord may not require a tenant who is named as a protected
person under an order described in subsection (a) of this section to pay
additional rent or an additional deposit or fee because of the exclusion
of the tenant who is named as the respondent or defendant in such
order. Substitute Senate Bill No. 1091
Public Act No. 21-78 38 of 41
(g) Any landlord or agent of such landlord who denies a tenant
named as a respondent or defendant in an order described in subsection
(a) of this section access to the dwelling unit pursuant to this section
shall be immune from any civil liability arising from such denial,
provided the landlord or agent complies with the provisions of this
section and any applicable court order.
Sec. 21. Section 47a-1 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
As used in this chapter and sections 47a-21, as amended by this act,
47a-23 to 47a-23c, inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-
35b, inclusive, 47a-41a, 47a-43 and 47a-46 and section 20 of this act:
(a) "Action" includes recoupment, counterclaim, set-off, cause of
action and any other proceeding in which rights are determined,
including an action for possession.
(b) "Building and housing codes" include any law, ordinance or
governmental regulation concerning fitness for habitation or the
construction, maintenance, operation, occupancy, use or appearance of
any premises or dwelling unit.
(c) "Dwelling unit" means any house or building, or portion thereof,
which is occupied, is designed to be occupied, or is rented, leased or
hired out to be occupied, as a home or residence of one or more persons.
(d) "Landlord" means the owner, lessor or sublessor of the dwelling
unit, the building of which it is a part or the premises.
(e) "Owner" means one or more persons, jointly or severally, in whom
is vested (1) all or part of the legal title to property, or (2) all or part of
the beneficial ownership and a right to present use and enjoyment of the
premises and includes a mortgagee in possession. Substitute Senate Bill No. 1091
Public Act No. 21-78 39 of 41
(f) "Person" means an individual, corporation, limited liability
company, the state or any political subdivision thereof, or agency,
business trust, estate, trust, partnership or association, two or more
persons having a joint or common interest, and any other legal or
commercial entity.
(g) "Premises" means a dwelling unit and the structure of which it is
a part and facilities and appurtenances therein and grounds, areas and
facilities held out for the use of tenants generally or whose use is
promised to the tenant.
(h) "Rent" means all periodic payments to be made to the landlord
under the rental agreement.
(i) "Rental agreement" means all agreements, written or oral, and
valid rules and regulations adopted under section 47a-9 or subsection
(d) of section 21-70 embodying the terms and conditions concerning the
use and occupancy of a dwelling unit or premises.
(j) "Roomer" means a person occupying a dwelling unit, which unit
does not include a refrigerator, stove, kitchen sink, toilet and shower or
bathtub and one or more of these facilities are used in common by other
occupants in the structure.
(k) "Single-family residence" means a structure maintained and used
as a single dwelling unit. Notwithstanding that a dwelling unit shares
one or more walls with another dwelling unit or has a common parking
facility, it is a single-family residence if it has direct access to a street or
thoroughfare and does not share heating facilities, hot water equipment
or any other essential facility or service with any other dwelling unit.
(l) "Tenant" means the lessee, sublessee or person entitled under a
rental agreement to occupy a dwelling unit or premises to the exclusion
of others or as is otherwise defined by law. Substitute Senate Bill No. 1091
Public Act No. 21-78 40 of 41
(m) "Tenement house" means any house or building, or portion
thereof, which is rented, leased or hired out to be occupied, or is
arranged or designed to be occupied, or is occupied, as the home or
residence of three or more families, living independently of each other,
and doing their cooking upon the premises, and having a common right
in the halls, stairways or yards.
Sec. 22. Subsection (a) of section 47a-21 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
As used in this chapter:
(1) "Accrued interest" means the interest due on a security deposit as
provided in subsection (i) of this section, compounded annually to the
extent applicable.
(2) "Commissioner" means the Banking Commissioner.
(3) "Escrow account" means any account at a financial institution
which is not subject to execution by the creditors of the escrow agent
and includes a clients' funds account.
(4) "Escrow agent" means the person in whose name an escrow
account is maintained.
(5) "Financial institution" means any state bank and trust company,
national bank, savings bank, federal savings bank, savings and loan
association, and federal savings and loan association that is located in
this state.
(6) "Forwarding address" means the address to which a security
deposit may be mailed for delivery to a former tenant.
(7) "Landlord" means any landlord of residential real property, and
includes (A) any receiver; (B) any successor; and (C) any tenant who Substitute Senate Bill No. 1091
Public Act No. 21-78 41 of 41
sublets his premises.
(8) "Receiver" means any person who is appointed or authorized by
any state, federal or probate court to receive rents from tenants, and
includes trustees, executors, administrators, guardians, conservators,
receivers, and receivers of rent.
(9) "Rent receiver" means a receiver who lacks court authorization to
return security deposits and to inspect the premises of tenants and
former tenants.
(10) "Residential real property" means real property containing one
or more residential units, including residential units not owned by the
landlord, and containing one or more tenants who paid a security
deposit.
(11) "Security deposit" means any advance rental payment, or any
installment payment collected pursuant to section 47a-22a, except an
advance payment for the first month's rent or a deposit for a key or any
special equipment.
(12) "Successor" means any person who succeeds to a landlord's
interest whether by purchase, foreclosure or otherwise and includes a
receiver.
(13) "Tenant" means a tenant, as defined in section 47a-1, as amended
by this act, or a resident, as defined in section 21-64.
(14) "Tenant's obligations" means (A) the amount of any rental or
utility payment due the landlord from a tenant; [and] (B) a tenant's
obligations under the provisions of section 47a-11; and (C) the actual
reasonable cost of changing the locks of the dwelling unit pursuant to
section 20 of this act, if the tenant has not paid such cost.