LCO 1 of 62
General Assembly Substitute Bill No. 426
February Session, 2024
AN ACT CONCERNING COURT OPERATIONS AND ADMINISTRATIVE
PROCEEDINGS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (1) of subsection (a) of section 4a-60 of the 1
general statutes is repealed and the following is substituted in lieu 2
thereof (Effective July 1, 2024): 3
(1) The contractor agrees and warrants that in the performance of the 4
contract such contractor will not discriminate or permit discrimination 5
against any person or group of persons on the grounds of race, color, 6
religious creed, age, marital status, national origin, ancestry, sex, gender 7
identity or expression, status as a veteran, status as a victim of domestic 8
violence, intellectual disability, mental disability or physical disability, 9
including, but not limited to, blindness, unless it is shown by such 10
contractor that such disability prevents performance of the work 11
involved, in any manner prohibited by the laws of the United States or 12
of the state of Connecticut; and the contractor further agrees to take 13
affirmative action to ensure that applicants with job-related 14
qualifications are employed and that employees are treated when 15
employed without regard to their race, color, religious creed, age, 16
marital status, national origin, ancestry, sex, gender identity or 17
expression, status as a veteran, status as a victim of domestic violence, 18
intellectual disability, mental disability or physical disability, including, 19 Substitute Bill No. 426
LCO 2 of 62
but not limited to, blindness, unless it is shown by such contractor that 20
such disability prevents performance of the work involved; 21
Sec. 2. Subsection (b) of section 14-140 of the general statutes is 22
repealed and the following is substituted in lieu thereof (Effective July 1, 23
2024): 24
(b) If any person so arrested or summoned wilfully fails to appear for 25
any scheduled court appearance at the time and place assigned, or if any 26
person charged with an infraction involving the use of a motor vehicle, 27
or with a motor vehicle violation specified in section 51-164n, wilfully 28
fails to comply with remote events and deadlines set by the court for 29
infractions and violations specified in section 51-164n or fails to pay the 30
fine and any additional fee imposed or send in his plea of not guilty by 31
the answer date or wilfully fails to appear for any scheduled court 32
appearance which may be required, or if any person fails to pay any 33
surcharge imposed under section 13b-70, any fee imposed under section 34
51-56a or any cost imposed under section 54-143 or 54-143a, a report of 35
such failure shall be sent to the commissioner by the court having 36
jurisdiction. The provisions of this section shall be extended to any 37
nonresident owner or operator of a motor vehicle residing in any state, 38
the proper authorities of which agree with the commissioner to revoke, 39
until personal appearance to answer the charge against him, his motor 40
vehicle registration certificate or operator's license, upon his failure to 41
appear for any scheduled court appearance. Any infractions or 42
violations, for which a report of failure to appear has been sent to the 43
commissioner under this subsection, that have not otherwise been 44
disposed of shall be dismissed by operation of law seven years after 45
such report was sent. 46
Sec. 3. Subsection (c) of section 29-38c of the 2024 supplement to the 47
general statutes is repealed and the following is substituted in lieu 48
thereof (Effective October 1, 2024): 49
(c) A risk protection order issued under subsection (a) of this section, 50
may issue only on an affidavit sworn to by the complainant establishing 51 Substitute Bill No. 426
LCO 3 of 62
the grounds for issuing the order. A risk warrant issued under 52
subsection (a) of this section may issue only on an affidavit sworn to by 53
the complainant before the judge, either in person or electronically with 54
simultaneous sight and sound, establishing the grounds for issuing the 55
warrant. Any such affidavit shall be part of the court file. In determining 56
whether there is probable cause for a risk protection order and warrant, 57
if applicable, under subsection (a) of this section, the judge shall 58
consider: (1) Recent threats or acts of violence by such person directed 59
toward other persons; (2) recent threats or acts of violence by such 60
person directed toward such person's self; and (3) recent acts of cruelty 61
to animals as provided in subsection (b) of section 53-247 by such 62
person. In evaluating whether such recent threats or acts of violence 63
constitute probable cause to believe that such person poses a risk of 64
imminent personal injury to such person's self or to others, the judge 65
may consider other factors including, but not limited to (A) the reckless 66
use, display or brandishing of a firearm or other deadly weapon by such 67
person, (B) a history of the use, attempted use or threatened use of 68
physical force by such person against other persons, (C) prior 69
involuntary confinement of such person in a hospital for persons with 70
psychiatric disabilities, and (D) the illegal use of controlled substances 71
or abuse of alcohol by such person. In the case of a complaint made 72
under subsection (a) of this section, if the judge is satisfied that the 73
grounds for the complaint exist or that there is probable cause to believe 74
that such grounds exist, such judge shall issue a risk protection order 75
and warrant, if applicable, naming or describing the person, and, in the 76
case of the issuance of a warrant, the place or thing to be searched. The 77
order and warrant, if applicable, shall be directed to any police officer 78
of a regularly organized police department or any state police officer. 79
The order and warrant, if applicable, shall state the grounds or probable 80
cause for issuance and, in the case of a warrant, the warrant shall 81
command the officer to search within a reasonable time the person, 82
place or thing named for any and all firearms and other deadly weapons 83
and ammunition. A copy of the order and warrant, if applicable, shall 84
be served upon the person named in the order not later than three days 85
prior to the hearing scheduled pursuant to subsection (e) of this section, 86 Substitute Bill No. 426
LCO 4 of 62
together with a notice informing the person that such person has the 87
right to a hearing under this section, the telephone number for the court 88
clerk who can inform the person of the date and time of such hearing 89
and the right to be represented by counsel at such hearing. 90
Sec. 4. Subsection (a) of section 46b-3 of the general statutes is 91
repealed and the following is substituted in lieu thereof (Effective from 92
passage): 93
(a) The [judges of the Superior Court] Chief Court Administrator 94
shall appoint such [domestic relations officers and other] family 95
relations personnel as [they deem] the Chief Court Administrator deems 96
necessary for the proper operation of the family relations sessions. The 97
salaries and duties of such officers shall be determined by the judges of 98
the Supreme Court in accordance with the compensation plan 99
established under section 51-12. For the purposes of any investigation 100
or pretrial conference the judge presiding at any family relations session 101
may employ the services of any probation officer, including those under 102
the direction of Adult Probation Services, physician, psychologist, 103
psychiatrist or family counselor. [Each person serving on July 1, 1978, in 104
the Court of Common Pleas appointed under the provisions of section 105
51-156c, revised to 1975, shall continue to serve in the Superior Court. In 106
no event shall the compensation of such person be affected solely as a 107
result of the transfer of jurisdiction provided in section 51-164s.] The 108
Chief Court Administrator may assign, reassign and modify the 109
assignments of such family relations personnel as [he] such 110
administrator deems necessary to be in the best interest of the 111
disposition of family relations matters. [Such family relations personnel 112
shall also be available to assist the courts of probate in cases involving 113
judicial consent to marriage of a minor.] 114
Sec. 5. Section 46b-123 of the general statutes is repealed and the 115
following is substituted in lieu thereof (Effective from passage): 116
The [judges of the Superior Court, or in the discretion of the Chief 117
Court Administrator, a committee of said judges designated by the 118 Substitute Bill No. 426
LCO 5 of 62
Chief Court Administrator,] Chief Court Administrator shall appoint 119
such probation officers, probation aides, clerks, detention personnel, 120
clerical assistants and other personnel, including supervisory staff, as 121
[they deem] the Chief Court Administrator deems necessary for the 122
treatment and handling of juvenile matters within the venue districts 123
established under section 46b-142, as amended by this act. The Chief 124
Court Administrator may assign, reassign and modify the assignments 125
of such personnel and assign such duties within the Superior Court as 126
[he] the administrator deems necessary for the efficient operation of the 127
courts. [Any person serving in any such capacity in the Juvenile Court 128
on July 1, 1978, shall continue to serve in the Superior Court at the 129
compensation he was receiving in the Juvenile Court under the 130
compensation plan established pursuant to section 51-12, for the 131
remainder of any term to which he was appointed. In no event shall the 132
compensation of any such person be affected solely as a result of the 133
transfer of jurisdiction in section 51-164s. Any of such appointees] Any 134
appointee may be discharged by the [appointing authority] Chief Court 135
Administrator for cause and after hearing. The salaries of each of such 136
[officials] personnel shall be fixed by the judges of the Supreme Court, 137
subject to the provisions of section 51-12. 138
Sec. 6. Subsection (a) of section 46b-142 of the general statutes is 139
repealed and the following is substituted in lieu thereof (Effective from 140
passage): 141
(a) The Chief Court Administrator [, in consultation with the judges 142
of the Superior Court,] shall establish districts for the purpose of 143
establishing venue in juvenile matters. All petitions concerning 144
delinquent children shall be heard within the district where the 145
delinquency is alleged to have occurred or where the child resides, in 146
the discretion of the court. All other petitions shall be heard within the 147
district where the child or youth resided at the time of the filing of the 148
petition, but for the purposes of this section any child or youth born in 149
any hospital or institution where the mother is confined at the time of 150
birth shall be deemed to have residence in the district wherein such 151
child's or youth's mother was living at the time of her admission to such 152 Substitute Bill No. 426
LCO 6 of 62
hospital or institution. 153
Sec. 7. Section 46b-207 of the general statutes is repealed and the 154
following is substituted in lieu thereof (Effective from passage): 155
The [court] Chief Court Administrator is authorized to establish and 156
maintain Support Enforcement Services and such offices thereof as [it 157
determines are] the administrator deems necessary for the proper 158
handling of the administrative details incident to proceedings under 159
sections 46b-231 and 46b-301 to 46b-425, inclusive, and may appoint 160
such personnel as necessary for the proper administration of the 161
nonjudicial functions of proceedings under sections 46b-231 and 46b-162
301 to 46b-425, inclusive. 163
Sec. 8. Section 47a-35a of the general statutes is repealed and the 164
following is substituted in lieu thereof (Effective July 1, 2024): 165
(a) When any appeal is taken by the defendant occupying a dwelling 166
unit [as defined in section 47a-1] in an action of summary process, [he 167
shall, within the period allowed for taking such appeal, give a bond with 168
surety to the adverse party] the chief clerk of the Appellate Court, or the 169
chief clerk's designee, shall transmit notice of the pendency of the appeal 170
to the Superior Court that rendered the judgment that is the subject of 171
the appeal. Upon receipt of the notice of the pendency of such appeal, 172
the Superior Court shall schedule and conduct a hearing to guarantee 173
payment for all rents that may accrue during the pendency of such 174
appeal. The Superior Court shall schedule and conduct such hearing not 175
later than fourteen days after the date of receiving notice of the 176
pendency of such appeal. After conducting such hearing the Superior 177
Court may order the defendant to deposit with the court (1) an amount 178
equal to the defendant's portion of the last-agreed upon rent, or [,] (2) 179
where no lease had existed, [for] an amount equal to the reasonable 180
value for such use and occupancy that may so accrue. [; provided the 181
court shall upon motion by the defendant and after] After hearing 182
thereon, the court shall order the defendant to deposit with the court 183
payments for the reasonable fair rental value of the use and occupancy 184 Substitute Bill No. 426
LCO 7 of 62
of the premises during the pendency of such appeal accruing from the 185
date [of such order] on which such appeal was filed. Such order shall 186
permit the payment of such amount in monthly installments, as it 187
becomes due. [, and compliance with such order shall be a substitute for 188
any bond required by this section.] If all or a portion of the defendant's 189
rent is being paid to the plaintiff by a housing authority, municipality, 190
state agency or similar entity, this requirement shall be satisfied if the 191
defendant deposits with the court an amount equal to [his] the 192
defendant's portion of the rent. 193
(b) In any other appeal the court on its own motion or on motion of 194
the parties, may fix a sufficient bond with surety to the adverse party in 195
such amount as it may determine. 196
(c) When any appeal is taken by a plaintiff in an action of summary 197
process, the court, upon motion of the plaintiff and after a hearing 198
thereon, shall order the defendant to deposit with the court payments 199
in monthly installments, as each payment becomes due, for the 200
reasonable fair rental value of the use and occupancy of the premises 201
during the pendency of the appeal accruing from the date of such order. 202
Sec. 9. Subsection (a) of section 47a-69 of the 2024 supplement to the 203
general statutes is repealed and the following is substituted in lieu 204
thereof (Effective from passage): 205
(a) The [judges of the Superior Court or an authorized committee 206
thereof] Chief Court Administrator may appoint such housing 207
mediators as [they deem] the administrator deems necessary for the 208
purpose of assisting the court in the prompt and efficient hearing of 209
housing matters within the limit of their appropriation therefor. [Such 210
judges or such committee] The Chief Court Administrator shall appoint 211
not less than two such mediators for each of the judicial districts of 212
Hartford, New Haven and Bridgeport and may designate one of them 213
in each judicial district as chief housing mediator. [Such judges or 214
committee] The Chief Court Administrator shall also appoint not less 215
than three such housing mediators for all other judicial districts. The 216 Substitute Bill No. 426
LCO 8 of 62
housing mediators for the judicial district of New Haven shall assist the 217
court in the hearing of housing matters in the judicial district of 218
Waterbury, the housing mediators for the judicial district of Hartford 219
shall assist the court in the hearing of housing matters in the judicial 220
district of New Britain and the housing mediators for the judicial district 221
of Bridgeport shall assist the court in the hearing of housing matters in 222
the judicial district of Stamford-Norwalk. 223
Sec. 10. Section 51-27b of the general statutes is repealed and the 224
following is substituted in lieu thereof (Effective from passage): 225
There shall be sufficient offices of the Superior Court for the efficient 226
operation of the court. The number and location of the offices shall be 227
designated by the Chief Court Administrator. [, after consultation with 228
the judges of the Superior Court.] 229
Sec. 11. Section 51-51v of the general statutes is repealed and the 230
following is substituted in lieu thereof (Effective from passage): 231
(a) The [judges of the Superior Court, at their annual meeting in June,] 232
Chief Court Administrator shall appoint: (1) Chief clerks for the judicial 233
districts; (2) deputy chief clerks for those judicial districts designated by 234
[an authorized committee of the judges] the Chief Court Administrator; 235
(3) first assistant clerks for those judicial districts designated by [an 236
authorized committee of the judges] the Chief Court Administrator; (4) 237
clerks for the geographical areas; (5) a clerk for the Centralized 238
Infractions Bureau; and (6) clerks for housing matters, including a chief 239
clerk for housing matters. 240
(b) The [judges of the Superior Court or an authorized committee 241
thereof] Chief Court Administrator shall appoint, as [is deemed] the 242
administrator deems necessary for the efficient operation of the courts, 243
(1) assistant clerks for judicial districts and geographical areas, and (2) 244
deputy clerks for those geographical areas designated by the [judges of 245
the Superior Court or an authorized committee thereof] Chief Court 246
Administrator. 247 Substitute Bill No. 426
LCO 9 of 62
(c) A [judge holding a session] chief clerk for a judicial district of the 248
Superior Court or such clerk's designee may, if [he] such clerk deems it 249
necessary, appoint a temporary assistant clerk or clerks for the Superior 250
Court. A temporary assistant clerk shall hold office for such time as is 251
deemed necessary for the convenient conduct of the business of the 252
court in which [he] such clerk was appointed and may at any time be 253
discharged by the [order of the senior acting judge holding court in] 254
chief clerk of the judicial district for which [he] such clerk was 255
appointed. 256
(d) The [judges of the Superior Court or an authorized committee of 257
Superior Court judges] Chief Court Administrator may, in [their] the 258
administrator's discretion, appoint such administrative and clerical 259
personnel as the business of the court requires. 260
(e) The [judges or an authorized committee thereof] Chief Court 261
Administrator may fill any vacancy which may occur in the clerks' 262
offices. 263
(f) The Chief Court Administrator may assign, reassign or modify the 264
assignment of such clerical personnel as [he] the administrator deems 265
necessary for the efficient operation of the courts. 266
(g) Whenever the word "clerk" is used in the general statutes to mean 267
the clerk of the Superior Court, it shall, except with respect to 268
compensation, be construed to include any chief clerk, deputy chief 269
clerk, deputy clerk, assistant clerk of the court and the clerk of the 270
Centralized Infractions Bureau unless the context otherwise requires. 271
Sec. 12. Subsection (b) of section 51-60 of the general statutes is 272
repealed and the following is substituted in lieu thereof (Effective from 273
passage): 274
(b) The [judges of the Superior Court] Chief Court Administrator 275
shall appoint official court reporters for the court as the [judges or an 276
authorized committee thereof] administrator determines the business of 277
the court requires. 278 Substitute Bill No. 426
LCO 10 of 62
Sec. 13. Subsection (a) of section 51-90c of the general statutes is 279
repealed and the following is substituted in lieu thereof (Effective from 280
passage): 281
(a) The [judges of the Superior Court] Chief Court Administrator 282
shall appoint an attorney to act as State-Wide Bar Counsel, who shall 283
serve full-time, and such number of attorneys to act as assistant bar 284
counsel as are necessary. [, for a term of one year commencing July first.] 285
Any vacancy in the position of State-Wide Bar Counsel or assistant bar 286
counsel shall be filled by the [executive committee of the Superior Court 287
which shall appoint an attorney for the unexpired portion of the term] 288
Chief Court Administrator. Compensation of the State-Wide Bar 289
Counsel and assistant bar counsel shall be established by, and paid from 290
funds appropriated to, the Judicial Department. 291
Sec. 14. Subsection (a) of section 51-90d of the general statutes is 292
repealed and the following is substituted in lieu thereof (Effective from 293
passage): 294
(a) The [judges of the Superior Court] Chief Court Administrator 295
shall appoint attorneys to serve as grievance counsel for grievance 296
panels and shall appoint one or more investigators. The investigators 297
shall be under the supervision of the State-Wide Bar Counsel and shall 298
serve the State-Wide Grievance Committee, the reviewing 299
subcommittees of the State-Wide Grievance Committee and the 300
grievance panels. [Grievance counsel and investigators shall serve for a 301
term of one year commencing July first. Any vacancy in the position of 302
grievance counsel or investigator shall be filled by the executive 303
committee of the Superior Court for the unexpired portion of the term.] 304
Compensation of the grievance counsel and investigator shall be 305
established by, and paid from funds appropriated to, the Judicial 306
Department. [Such appointees may be placed on the Judicial 307
Department payroll or be paid on a contractual basis.] 308
Sec. 15. Section 51-164m of the general statutes is repealed and the 309
following is substituted in lieu thereof (Effective from passage): 310 Substitute Bill No. 426
LCO 11 of 62
(a) The [judges of the Superior Court] Chief Court Administrator 311
shall establish and maintain a schedule of fines to be paid for the 312
violation of the sections of the general statutes deemed to be infractions. 313
The [judges of the Superior Court] Chief Court Administrator shall 314
establish and maintain a separate sliding scale of fines for speeding 315
infractions committed under section 14-219 with a minimum fine of fifty 316
dollars and the fine increasing in proportion to the severity of the 317
violation. The fines may be modified as the [judges of the Superior Court 318
deem] Chief Court Administrator deems advisable. 319
(b) The [judges of the Superior Court] Chief Court Administrator 320
shall establish and maintain a schedule of fines to be paid for those 321
violations of section 14-219 specified in subsection (e) of said section, 322
with such fines increasing in proportion to the severity of the violation 323
and for violations under subsection (b) of section 51-164n. The fines may 324
be modified as the [judges of the Superior Court deem] Chief Court 325
Administrator deems advisable. 326
(c) (1) Except as provided in subdivision (2) of this subsection, no fine 327
established in accordance with the provisions of subsection (a) of this 328
section may be less than thirty-five dollars or more than ninety dollars. 329
(2) No fine established in accordance with the provisions of 330
subsection (a) of this section for a violation of any provision of title 14 331
deemed an infraction may be less than fifty dollars or more than ninety 332
dollars, except that fines established for parking tag violations may be 333
less than fifty dollars. 334
(d) No fine established in accordance with the provisions of 335
subsection (b) of this section may be in an amount in excess of the 336
maximum amount specified by statute for such violation. 337
(e) Any infraction for which a fine has not been established pursuant 338
to the provisions of subsection (a) of this section shall carry a fine of 339
thirty-five dollars or, if the infraction is for a violation of any provision 340
of title 14, fifty dollars, until such time as the [judges of the Superior 341
Court] Chief Court Administrator may establish a different fine for such 342 Substitute Bill No. 426
LCO 12 of 62
infraction. 343
(f) Any violation for which a fine has not been established pursuant 344
to subsection (b) of this section shall carry a fine of one hundred dollars 345
or the maximum fine specified by statute for such violation, whichever 346
is less. 347
Sec. 16. Subsection (d) of section 51-193c of the general statutes is 348
repealed and the following is substituted in lieu thereof (Effective October 349
1, 2024): 350
(d) Any notice, order, judgment, decision, decree, memorandum, 351
ruling, opinion, mittimus, warrant and any form related to such 352
warrant, affidavit, finding or similar document that is issued by the 353
Superior Court or by a judge, judge trial referee or family support 354
magistrate thereof, by a magistrate appointed pursuant to section 51-355
193l or by a commissioner of the Superior Court approved by the Chief 356
Court Administrator to hear small claims pursuant to section 52-549d, 357
may be signed or verified by computer or facsimile transmission or by 358
employing other technology in accordance with procedures and 359
technical standards, if any, established by the Office of the Chief Court 360
Administrator, and such notice, order, judgment, decision, decree, 361
memorandum, ruling, opinion, mittimus, warrant and any form related 362
to such warrant, affidavit, finding or similar document shall have the 363
same validity and status as a paper document that was signed or 364
verified by the Superior Court or by a judge, judge trial referee or family 365
support magistrate thereof, by a magistrate appointed pursuant to 366
section 51-193l or by a commissioner of the Superior Court approved by 367
the Chief Court Administrator to hear small claims pursuant to section 368
52-549d. 369
Sec. 17. Section 51-237 of the general statutes is repealed and the 370
following is substituted in lieu thereof (Effective from passage): 371
Each juror, duly chosen, drawn and summoned, who fails to appear 372
shall be subject to a civil penalty, the amount of which shall be 373
established by the [judges of the Superior Court] Chief Court 374 Substitute Bill No. 426
LCO 13 of 62
Administrator, but the court may excuse such juror from the payment 375
thereof. If a sufficient number of the jurors summoned do not appear, or 376
if for any cause there is not a sufficient number of jurors to make up the 377
panel, the court may order such number of persons who qualify for jury 378
service under section 51-217 to be summoned as may be necessary, as 379
talesmen, and any talesman so summoned who makes default of 380
appearance without sufficient cause shall be subject to a civil penalty, 381
the amount of which shall be established by the [judges of the Superior 382
Court] Chief Court Administrator. The provisions of this section shall 383
be enforced by the Attorney General within available appropriations. 384
Sec. 18. Subsection (a) of section 51-348 of the general statutes is 385
repealed and the following is substituted in lieu thereof (Effective from 386
passage): 387
(a) The geographical areas of the Court of Common Pleas established 388
pursuant to section 51-156a, revised to 1975, shall be the geographical 389
areas of the Superior Court on July 1, 1978. The Chief Court 390
Administrator [, after consultation with the judges of the Superior 391
Court,] may alter the boundary of any geographical area to provide for 392
a new geographical area provided [that] each geographical area so 393
altered or so authorized shall remain solely within the boundary of a 394
single judicial district. 395
Sec. 19. Subsection (d) of section 54-33a of the general statutes is 396
repealed and the following is substituted in lieu thereof (Effective October 397
1, 2024): 398
(d) A warrant may issue only on affidavit sworn to by the 399
complainant or complainants before the judge or judge trial referee, 400
either in person or electronically with simultaneous sight and sound, 401
and establishing the grounds for issuing the warrant, which affidavit 402
shall be part of the arrest file. If the judge or judge trial referee is satisfied 403
that grounds for the application exist or that there is probable cause to 404
believe that grounds for the application exist, the judge or judge trial 405
referee shall issue a warrant identifying the property and naming or 406 Substitute Bill No. 426
LCO 14 of 62
describing the person, place or thing to be searched or authorizing the 407
installation and use of a tracking device and identifying the person on 408
which or the property to, in or on which the tracking device is to be 409
installed. The warrant shall be directed to any police officer of a 410
regularly organized police department or any state police officer, to an 411
inspector in the Division of Criminal Justice, to a conservation officer, 412
special conservation officer or patrolman acting pursuant to section 26-413
6 or to a sworn motor vehicle inspector acting under the authority of 414
section 14-8. Except for a warrant for the installation and use of a 415
tracking device, the warrant shall state the date and time of its issuance 416
and the grounds or probable cause for its issuance and shall command 417
the officer to search within a reasonable time the person, place or thing 418
named, for the property specified. A warrant for the installation and use 419
of a tracking device shall state the date and time of its issuance and the 420
grounds or probable cause for its issuance and shall command the 421
officer to complete the installation of the device within a specified 422
period not later than ten days after the date of its issuance and authorize 423
the installation and use of the tracking device, including the collection 424
of data through such tracking device, for a reasonable period of time not 425
to exceed thirty days from the date the tracking device is installed. Upon 426
request and a showing of good cause, a judge or judge trial referee may 427
authorize the use of the tracking device for an additional period of thirty 428
days. 429
Sec. 20. Section 54-63c of the general statutes is repealed and the 430
following is substituted in lieu thereof (Effective July 1, 2024): 431
(a) Except in cases of arrest pursuant to a bench warrant of arrest in 432
which the court or a judge thereof has indicated that bail should be 433
denied or ordered that the officer or indifferent person making such 434
arrest shall, without undue delay, bring such person before the clerk or 435
assistant clerk of the superior court for the geographical area under 436
section 54-2a, when any person is arrested for a bailable offense, the 437
chief of police, or the chief's authorized designee, of the police 438
department having custody of the arrested person or any probation 439
officer serving a violation of probation warrant shall promptly advise 440 Substitute Bill No. 426
LCO 15 of 62
such person of the person's rights under section 54-1b, and of the 441
person's right to be interviewed concerning the terms and conditions of 442
release. Unless the arrested person waives or refuses such interview, the 443
police officer or probation officer shall promptly interview the arrested 444
person to obtain information relevant to the terms and conditions of the 445
person's release from custody, and shall seek independent verification 446
of such information where necessary. At the request of the arrested 447
person, the person's counsel may be present during the interview. No 448
statement made by the arrested person in response to any question 449
during the interview related to the terms and conditions of release shall 450
be admissible as evidence against the arrested person in any proceeding 451
arising from the incident for which the conditions of release were set. 452
After such a waiver, refusal or interview, the police officer or probation 453
officer shall promptly order release of the arrested person upon the 454
execution of a written promise to appear or the posting of such bond as 455
may be set by the police officer or probation officer, except that no 456
condition of release set by the court or a judge thereof may be modified 457
by such officers and no person shall be released upon the execution of a 458
written promise to appear or the posting of a bond without surety if the 459
person is charged with the commission of a family violence crime, as 460
defined in section 46b-38a, and in the commission of such crime the 461
person used or threatened the use of a firearm. 462
(b) If the person is charged with the commission of a family violence 463
crime, as defined in section 46b-38a, and the police officer does not 464
intend to impose nonfinancial conditions of release pursuant to this 465
subsection, the police officer shall, pursuant to the procedure set forth 466
in subsection (a) of this section, promptly order the release of such 467
person upon the execution of a written promise to appear or the posting 468
of such bond as may be set by the police officer. If such person is not so 469
released, the police officer shall make reasonable efforts to immediately 470
contact a bail commissioner or an intake, assessment and referral 471
specialist employed by the Judicial Branch to set the conditions of such 472
person's release pursuant to section 54-63d. If, after making such 473
reasonable efforts, the police officer is unable to contact a bail 474 Substitute Bill No. 426
LCO 16 of 62
commissioner or an intake, assessment and referral specialist or contacts 475
a bail commissioner or an intake, assessment and referral specialist but 476
such bail commissioner or intake, assessment and referral specialist is 477
unavailable to promptly perform such bail commissioner's or intake, 478
assessment and referral specialist's duties pursuant to section 54-63d, 479
the police officer shall, pursuant to the procedure set forth in subsection 480
(a) of this section, order the release of such person upon the execution 481
of a written promise to appear or the posting of such bond as may be set 482
by the police officer and may impose nonfinancial conditions of release 483
which may require that the arrested person do one or more of the 484
following: (1) Avoid all contact with the alleged victim of the crime, (2) 485
comply with specified restrictions on the person's travel, association or 486
place of abode that are directly related to the protection of the alleged 487
victim of the crime, or (3) not use or possess a dangerous weapon, 488
intoxicant or controlled substance. Any such nonfinancial conditions of 489
release shall be indicated on a form prescribed by the Judicial Branch 490
and sworn to by the police officer. Such form shall articulate (A) the 491
efforts that were made to contact a bail commissioner or an intake, 492
assessment and referral specialist, (B) the specific factual basis relied 493
upon by the police officer to impose the nonfinancial conditions of 494
release, and (C) if the arrested person was non-English-speaking, that 495
the services of a translation service or interpreter were used. A copy of 496
that portion of the form that indicates the nonfinancial conditions of 497
release shall immediately be provided to the arrested person. A copy of 498
the entire form shall be provided to counsel for the arrested person at 499
arraignment. Any nonfinancial conditions of release imposed pursuant 500
to this subsection shall remain in effect until the arrested person is 501
presented before the Superior Court pursuant to subsection (a) of 502
section 54-1g. On such date, the court shall conduct a hearing pursuant 503
to section 46b-38c at which the defendant is entitled to be heard with 504
respect to the issuance of a protective order. 505
(c) Notwithstanding the provisions of chapter 14 and this chapter, the 506
police officer shall provide to the bail commissioner or the intake 507
assessment and referral specialist identifying information about the 508 Substitute Bill No. 426
LCO 17 of 62
victim of the crime or crimes with which the arrested person is charged, 509
including, but not limited to, the victim's name, address and phone 510
number, if available, for the purpose of carrying out such bail 511
commissioner's or intake assessment and referral specialist's duties. 512
[(c)] (d) When cash bail in excess of ten thousand dollars is received 513
for a detained person accused of a felony, where the underlying facts 514
and circumstances of the felony involve the use, attempted use or 515
threatened use of physical force against another person, the police 516
officer shall prepare a report that contains (1) the name, address and 517
taxpayer identification number of the accused person, (2) the name, 518
address and taxpayer identification number of each person offering the 519
cash bail, other than a person licensed as a professional bondsman 520
under chapter 533 or a surety bail bond agent under chapter 700f, (3) the 521
amount of cash received, and (4) the date the cash was received. Not 522
later than fifteen days after receipt of such cash bail, the police officer 523
shall file the report with the Department of Revenue Services and mail 524
a copy of the report to the state's attorney for the judicial district in 525
which the alleged offense was committed and to each person offering 526
the cash bail. 527
[(d)] (e) No police officer or probation officer serving a violation of 528
probation warrant shall set the terms and conditions of a person's 529
release, set a bond for a person or release a person from custody under 530
this section unless the police officer or probation officer has first checked 531
the National Crime Information Center [(NCIC)] computerized index of 532
criminal justice information to determine if such person is listed in such 533
index. 534
[(e)] (f) If the arrested person has not posted bail, the police officer or 535
probation officer serving a violation of probation warrant shall 536
immediately notify a bail commissioner or an intake, assessment and 537
referral specialist. 538
[(f)] (g) The chief, acting chief, superintendent of police, the 539
Commissioner of Emergency Services and Public Protection, any 540 Substitute Bill No. 426
LCO 18 of 62
captain or lieutenant of any local police department or the Division of 541
State Police within the Department of Emergency Services and Public 542
Protection or any person lawfully exercising the powers of any such 543
officer may take a written promise to appear or a bond with or without 544
surety from an arrested person as provided in subsection (a) of this 545
section, or as fixed by the court or any judge thereof, may administer 546
such oaths as are necessary in the taking of promises or bonds and shall 547
file any report required under subsection [(c)] (d) of this section. 548
Sec. 21. Subsection (b) of section 54-91c of the general statutes is 549
repealed and the following is substituted in lieu thereof (Effective July 1, 550
2024): 551
(b) Prior to the imposition of sentence upon any defendant who has 552
been found guilty of any crime or has pleaded guilty or nolo contendere 553
to any crime, and prior to the acceptance by the court of a plea of guilty 554
or nolo contendere made pursuant to a plea agreement with the state, 555
[wherein the defendant pleads to a lesser offense than the offense with 556
which such defendant was originally charged,] the court shall permit 557
any victim of the crime to appear before the court for the purpose of 558
making a statement for the record, which statement may include the 559
victim's opinion of any plea agreement. In lieu of such appearance, the 560
victim may submit a written statement or, if the victim of the crime is 561
deceased, the legal representative or a member of the immediate family 562
of such deceased victim may submit a statement of such deceased victim 563
to the state's attorney, assistant state's attorney or deputy assistant 564
state's attorney in charge of the case. Such state's attorney, assistant 565
state's attorney or deputy assistant state's attorney shall file the 566
statement with the sentencing court and the statement shall be made a 567
part of the record at the sentencing hearing. Any such statement, 568
whether oral or written, shall relate to the facts of the case, the 569
appropriateness of any penalty and the extent of any injuries, financial 570
losses and loss of earnings directly resulting from the crime for which 571
the defendant is being sentenced. The court shall inquire on the record 572
whether any victim is present for the purpose of making an oral 573
statement or has submitted a written statement. If no victim is present 574 Substitute Bill No. 426
LCO 19 of 62
and no such written statement has been submitted, the court shall 575
inquire on the record whether an attempt has been made to notify any 576
such victim as provided in subdivision (1) of subsection (c) of this 577
section or, if the defendant was originally charged with a violation of 578
section 53a-167c for assaulting a peace officer, whether the peace officer 579
has been personally notified as provided in subdivision (2) of subsection 580
(c) of this section. After consideration of any such statements, the court 581
may refuse to accept, where appropriate, a negotiated plea or sentence, 582
and the court shall give the defendant an opportunity to enter a new 583
plea and to elect trial by jury or by the court. 584
Sec. 22. Section 54-201 of the general statutes is repealed and the 585
following is substituted in lieu thereof (Effective July 1, 2024): 586
As used in sections 54-201 to 54-235, inclusive, as amended by this 587
act: 588
(1) "Victim" means a person who is injured or killed as provided in 589
section 54-209; 590
(2) "Personal injury" means (A) actual bodily harm or emotional harm 591
and includes pregnancy and any condition thereof, or (B) injury or death 592
to a service animal owned or kept by a person with a disability; 593
(3) "Dependent" means any relative of a deceased victim or a person 594
designated by a deceased victim in accordance with section 1-56r who 595
was wholly or partially dependent upon his income at the time of his 596
death or the child of a deceased victim and shall include the child of 597
such victim born after his death; 598
(4) "Relative" means a person's spouse, parent, grandparent, 599
stepparent, aunt, uncle, niece, nephew, child, including a natural born 600
child, stepchild and adopted child, grandchild, brother, sister, half 601
brother or half sister or a parent of a person's spouse; 602
(5) "Crime" means any act which is a felony, as defined in section 53a-603
25, or misdemeanor, as defined in section 53a-26, and includes any crime 604 Substitute Bill No. 426
LCO 20 of 62
committed by a juvenile; and 605
(6) "Emotional harm" means a mental or emotional impairment that 606
[requires treatment through services and that] is directly attributable to 607
a threat of (A) physical injury, as defined in subdivision (3) of section 608
53a-3, or (B) death to the affected person. 609
Sec. 23. Section 54-203 of the general statutes is repealed and the 610
following is substituted in lieu thereof (Effective July 1, 2024): 611
(a) There is established an Office of Victim Services within the Judicial 612
Department. 613
(b) The Office of Victim Services shall have the following powers and 614
duties: 615
(1) To direct each hospital, whether public or private, each university 616
or college health services center, whether public or private, and each 617
community health center, as defined in section 19a-490a, to prominently 618
display posters in a conspicuous location giving notice of the availability 619
of compensation and assistance to victims of crime or their dependents 620
pursuant to sections 54-201 to 54-218, inclusive, as amended by this act, 621
and to direct every law enforcement agency of the state to inform 622
victims of crime or their dependents of their rights pursuant to sections 623
54-201 to 54-218, inclusive, as amended by this act; 624
(2) To obtain from the office of the state's attorney, state police, local 625
police departments or any law enforcement agency such investigation 626
and data as will enable the Office of Victim Services to determine if in 627
fact the applicant was a victim of a crime or attempted crime and the 628
extent, if any, to which the victim or claimant was responsible for his 629
own injury, including, but not limited to, a request for information form 630
promulgated by the Office of Victim Services; 631
(3) To request from the Department of Correction, other units of the 632
Judicial Department and the Board of Pardons and Paroles such 633
information as will enable the Office of Victim Services to determine if 634 Substitute Bill No. 426
LCO 21 of 62
in fact a person who has requested notification pursuant to section 54-635
228 was a victim of a crime; 636
(4) To take or cause to be taken affidavits or depositions within or 637
without the state; 638
(5) To apply for, receive, allocate, disburse and account for grants of 639
funds made available by the United States, by the state, foundations, 640
corporations and other businesses, agencies or individuals to implement 641
a program for victim services which shall assist witnesses and victims 642
of crimes as the Office of Victim Services deems appropriate within the 643
resources available and to coordinate services to victims by state and 644
community-based agencies, with priority given to victims of violent 645
crimes, by (A) assigning such victim advocates as are necessary to 646
provide assistance; (B) administering victim service programs; and (C) 647
awarding grants or purchase of service contracts to private nonprofit 648
organizations or local units of government for the direct delivery of 649
services, except that the provision of training and technical assistance of 650
victim service providers and the development and implementation of 651
public education campaigns may be provided by private nonprofit or 652
for-profit organizations or local units of government. Such grants and 653
contracts shall be the predominant method by which the Office of 654
Victim Services shall develop, implement and operate direct service 655
programs and provide training and technical assistance to victim service 656
providers; 657
(6) To provide each person who applies for compensation pursuant 658
to section 54-204, within ten days of the date of receipt of such 659
application, with a written list of rights of victims of crime involving 660
personal injury and the programs available in this state to assist such 661
victims. The Office of Victim Services, the state or any agent, employee 662
or officer thereof shall not be liable for the failure to supply such list or 663
any alleged inadequacies of such list. Such list shall include, but not be 664
limited to: 665
(A) Subject to the provisions of sections 18-81e and 51-286e, the victim 666 Substitute Bill No. 426
LCO 22 of 62
shall have the right to be informed concerning the status of his or her 667
case and to be informed of the release from custody of the defendant; 668
(B) Subject to the provisions of section 54-91c, as amended by this act, 669
the victim shall have the right to present a statement of his or her losses, 670
injuries and wishes to the prosecutor and the court prior to the 671
acceptance by the court of a plea of guilty or nolo contendere made 672
pursuant to a plea agreement with the state wherein the defendant 673
pleads to a lesser offense than the offense with which the defendant was 674
originally charged; 675
(C) Subject to the provisions of section 54-91c, as amended by this act, 676
prior to the imposition of sentence upon the defendant, the victim shall 677
have the right to submit a statement to the prosecutor as to the extent of 678
any injuries, financial losses and loss of earnings directly resulting from 679
the crime. Upon receipt of the statement, the prosecutor shall file the 680
statement with the sentencing court and the statement shall be made a 681
part of the record and considered by the court at the sentencing hearing; 682
(D) Subject to the provisions of section 54-126a, the victim shall have 683
the right to appear before a panel of the Board of Pardons and Paroles 684
and make a statement as to whether the defendant should be released 685
on parole and any terms or conditions to be imposed upon any such 686
release; 687
(E) Subject to the provisions of section 54-36a, the victim shall have 688
the right to have any property the victim owns which was seized by 689
police in connection with an arrest to be returned; 690
(F) Subject to the provisions of sections 54-56e and 54-142c, the victim 691
shall have the right to be notified of the application by the defendant for 692
the pretrial program for accelerated rehabilitation and to obtain from 693
the court information as to whether the criminal prosecution in the case 694
has been dismissed; 695
(G) Subject to the provisions of section 54-85b, the victim cannot be 696
fired, harassed or otherwise retaliated against by an employer for 697 Substitute Bill No. 426
LCO 23 of 62
appearing under a subpoena as a witness in any criminal prosecution; 698
(H) Subject to the provisions of section 54-86g, the parent or legal 699
guardian of a child twelve years of age or younger who is a victim of 700
child abuse or sexual assault may request special procedural 701
considerations to be taken during the testimony of the child; 702
(I) Subject to the provisions of section 46b-15, the victim of assault by 703
a spouse or former spouse, family or household member has the right 704
to request the arrest of the offender, request a protective order and apply 705
for a restraining order; 706
(J) Subject to the provisions of sections 52-146k, 54-86e and 54-86f, the 707
victim of sexual assault or domestic violence can expect certain records 708
to remain confidential; and 709
(K) Subject to the provisions of section 53a-32, the victim and any 710
victim advocate assigned to assist the victim may receive notification 711
from a probation officer whenever the officer has notified a police officer 712
that the probation officer has probable cause to believe that the offender 713
has violated a condition of such offender's probation; 714
(7) Within available appropriations, to maintain a victim's assistance 715
center which shall (A) make available to victims information regarding 716
victim's rights and available services, (B) maintain a victims' notification 717
system pursuant to sections 54-227 to 54-230a, inclusive, and 54-235, and 718
(C) maintain a toll-free number for access to information regarding 719
victims' rights and available services; 720
(8) To provide a telephone helpline that shall provide information on 721
referrals for various services for victims of crime and their families; 722
(9) To provide staff services to a state advisory council. The council 723
shall consist of not more than [fifteen] twenty members to be appointed 724
by the Chief Justice and shall include the Chief Victim Compensation 725
Commissioner and members who represent victim populations, 726
including but not limited to, homicide survivors, family violence 727 Substitute Bill No. 426
LCO 24 of 62
victims, sexual assault victims, victims of gun violence, victims of drunk 728
drivers, and assault and robbery victims, and members who represent 729
the judicial branch and executive branch agencies involved with victims 730
of crime. The members shall serve for terms of four years. Any vacancy 731
in the membership shall be filled by the appointing authority for the 732
balance of the unexpired term. The members shall receive no 733
compensation for their services. The council shall meet at least four 734
times a year. The council shall recommend to the Office of Victim 735
Services program, legislative or other matters which would improve 736
services to victims of crime and develop and coordinate needs 737
assessments for both court-based and community-based victim services. 738
The Chief Justice shall appoint two members to serve as cochairpersons. 739
Not later than December fifteenth of each year, the council shall report 740
the results of its findings and activities to the Chief Court Administrator; 741
(10) To utilize such voluntary and uncompensated services of private 742
individuals, agencies and organizations as may from time to time be 743
offered and needed; 744
(11) To recommend policies and make recommendations to agencies 745
and officers of the state and local subdivisions of government relative to 746
victims of crime; 747
(12) To provide support and assistance to state-wide victim services 748
coalitions and groups; 749
(13) To provide a training program for judges, prosecutors, police, 750
probation and parole personnel, bail commissioners, intake, assessment 751
and referral specialists, officers from the Department of Correction and 752
judicial marshals to inform them of victims' rights and available 753
services; 754
(14) To (A) maintain, within available appropriations, a sexual assault 755
forensic examiners program that will train and make available sexual 756
assault forensic examiners to adolescent and adult victims of sexual 757
assault who are patients at participating health care facilities. In order 758
to maintain such program, the Office of Victim Services may apply for, 759 Substitute Bill No. 426
LCO 25 of 62
receive, allocate, disburse and account for grants of funds made 760
available by the United States, the state, foundations, corporations and 761
other businesses, agencies or individuals; or (B) establish, within 762
available appropriations, a training program for health care 763
professionals on the care of and collection of evidence from adolescent 764
and adult victims of sexual assault; 765
(15) To provide victims of crime and the general public with 766
information detailing the process by which a victim may register to 767
receive notices of hearings of the Board of Pardons and Paroles; and 768
(16) To submit to the joint standing committee of the General 769
Assembly having cognizance of matters relating to [victim services] the 770
judiciary, in accordance with the provisions of section 11-4a, on or 771
before January 15, 2000, and biennially thereafter a report of its activities 772
under sections 54-201 to 54-235, inclusive, as amended by this act. 773
Sec. 24. Subsection (a) of section 54-210 of the general statutes is 774
repealed and the following is substituted in lieu thereof (Effective July 1, 775
2024): 776
(a) The Office of Victim Services or a victim compensation 777
commissioner may order the payment of compensation under sections 778
54-201 to 54-218, inclusive, as amended by this act, for: (1) Expenses 779
actually and reasonably incurred as a result of the personal injury or 780
death of the victim, provided coverage for the cost of medical care and 781
treatment of a crime victim who does not have medical insurance or 782
who has exhausted coverage under applicable health insurance policies 783
or Medicaid shall be ordered; (2) loss of earning power as a result of total 784
or partial incapacity of such victim; (3) pecuniary loss to the spouse or 785
dependents of the deceased victim, provided the family qualifies for 786
compensation as a result of murder or manslaughter of the victim; (4) 787
pecuniary loss to an injured victim or the relatives or dependents of an 788
injured victim or a deceased victim for attendance at court proceedings, 789
juvenile proceedings, Psychiatric Security Review Board hearings and 790
Board of Pardons and Parole hearings with respect to the criminal case 791 Substitute Bill No. 426
LCO 26 of 62
of the person or persons charged with committing the crime that 792
resulted in the injury or death of the victim; (5) loss of wages by any 793
parent or guardian of a deceased victim, provided the amount paid 794
under this subsection shall not exceed one week's net wage; and (6) any 795
other loss, except as set forth in section 54-211, as amended by this act, 796
resulting from the personal injury or death of the victim which the 797
Office of Victim Services or a victim compensation commissioner, as the 798
case may be, determines to be reasonable. 799
Sec. 25. Section 54-211 of the general statutes is repealed and the 800
following is substituted in lieu thereof (Effective July 1, 2024): 801
(a) (1) No order for the payment of compensation shall be made 802
under section 54-210, as amended by this act, unless (A) the application 803
has been made within [two] three years after the date of the personal 804
injury or death, (B) the personal injury or death was the result of an 805
incident or offense listed in section 54-209, and (C) such incident or 806
offense has been reported to the police, [within five days of its 807
occurrence or, if the incident or offense could not reasonably have been 808
reported within such period, within five days of the time when a report 809
could reasonably have been made,] except that a victim of a sexual 810
assault shall not be ineligible for the payment of compensation by 811
reason of failing to make a report pursuant to this subparagraph if such 812
victim presented himself or herself to a health care facility within one 813
hundred twenty hours of such sexual assault for examination and 814
collection of evidence of such sexual assault in accordance with the 815
provisions of section 19a-112a, or if such victim complied with 816
subsection (d) of section 54-209. (2) Notwithstanding the provisions of 817
subdivision (1) of this subsection, any person who, before, on or after 818
October 1, 2005, fails to make application for compensation within [two] 819
three years after the date of the personal injury or death as a result of 820
physical, emotional or psychological injuries caused by such personal 821
injury or death may apply for a waiver of such time limitation. The 822
Office of Victim Services, upon a finding of such physical, emotional or 823
psychological injury, may grant such waiver. (3) Notwithstanding the 824
provisions of subdivision (1) of this subsection, any minor, including, 825 Substitute Bill No. 426
LCO 27 of 62
but not limited to, a minor who is a victim of conduct by another person 826
that constitutes a violation of section 53a-192a or a criminal violation of 827
18 USC Chapter 77, who, before, on or after October 1, 2005, fails to make 828
application for compensation within [two] three years after the date of 829
the personal injury or death through no fault of the minor, may apply 830
for a waiver of such time limitation. The Office of Victim Services, upon 831
a finding that such minor is not at fault, may grant such waiver. (4) 832
Notwithstanding the provisions of subdivision (1) of this subsection, a 833
person who is a dependent of a victim may make application for 834
payment of compensation not later than [two] three years from the date 835
that such person discovers or in the exercise of reasonable care should 836
have discovered that the person upon whom the applicant was 837
dependent was a victim. Such person shall file with such application a 838
statement signed under penalty of false statement setting forth the date 839
when such person discovered that the person upon whom the applicant 840
was dependent was a victim and the circumstances that prevented such 841
person discovering that the person upon whom the applicant was 842
dependent was a victim until more than [two] three years after the date 843
of the incident or offense. There shall be a rebuttable presumption that 844
a person who files such a statement and is otherwise eligible for 845
compensation pursuant to sections 54-201 to 54-218, inclusive, as 846
amended by this act, is entitled to compensation. (5) Any waiver denied 847
by the Office of Victim Services under this subsection may be reviewed 848
by a victim compensation commissioner, provided such request for 849
review is made by the applicant within thirty days from the mailing of 850
the notice of denial by the Office of Victim Services. If a victim 851
compensation commissioner grants such waiver, the commissioner 852
shall refer the application for compensation to the Office of Victim 853
Services for a determination pursuant to section 54-205. (6) 854
Notwithstanding the provisions of subdivision (1), (2) or (3) of this 855
subsection, the Office of Victim Services may, for good cause shown and 856
upon a finding of compelling equitable circumstances, waive the time 857
limitations of subdivision (1) of this subsection. 858
(b) No compensation shall be awarded if: (1) The offender is unjustly 859 Substitute Bill No. 426
LCO 28 of 62
enriched by the award, provided compensation awarded to a victim 860
which would benefit the offender in a minimal or inconsequential 861
manner shall not be considered unjust enrichment; (2) the victim 862
violated a penal law of this state, which violation caused or contributed 863
to [his] such victim's injuries or death. 864
(c) Except as provided in subsection (d) of this section, no 865
compensation shall be awarded for losses sustained for crimes against 866
property or for noneconomic detriment such as pain and suffering. 867
(d) (1) [No compensation shall be in an amount in excess of fifteen 868
thousand dollars for personal injury except that:] (A) Compensation for 869
personal injury shall be in an amount not to exceed fifteen thousand 870
dollars; (B) compensation to or for the benefit of the dependents of a 871
homicide victim shall be in an amount not to exceed twenty-five 872
thousand dollars; [(B)] (C) the claims of the dependents of a deceased 873
victim, as provided in section 54-208, shall be considered derivative of 874
the claim of such victim and the total compensation paid for all claims 875
arising from the death of such victim shall not exceed a maximum of 876
twenty-five thousand dollars; and [(C)] (D) in cases of emotional harm 877
only, compensation for medical and mental health care and security 878
measures shall be in an amount not to exceed five thousand dollars. 879
(2) Notwithstanding the provisions of subdivision (1) of this 880
subsection, the Office of Victim Services or a victim compensation 881
commissioner may award additional compensation in an amount not to 882
exceed five thousand dollars above the maximum amounts set forth in 883
said subdivision to a personal injury victim, who is a minor at the time 884
the application for compensation or restitution services is filed, when 885
such victim has additional medical needs or mental health counseling 886
needs. 887
(3) Notwithstanding the provisions of subdivision (1) of this 888
subsection, the Office of Victim Services or a victim compensation 889
commissioner may, for good cause shown and upon a finding of 890
compelling equitable circumstances, award compensation in an amount 891 Substitute Bill No. 426
LCO 29 of 62
in excess of the maximum amounts set forth in said subdivision. 892
(e) Orders for payment of compensation pursuant to sections 54-201 893
to 54-218, inclusive, as amended by this act, may be made only as to 894
injuries or death resulting from incidents or offenses arising on and after 895
January 1, 1979, except that orders for payment of compensation 896
pursuant to subsection (b) of section 54-209 may be made only as to 897
injuries or death resulting from incidents or offenses arising on and after 898
July 1, 1985. 899
(f) Compensation shall be awarded pursuant to sections 54-201 to 54-900
218, inclusive, as amended by this act, for personal injury or death 901
resulting from a crime which occurs (1) within this state, regardless of 902
the residency of the applicant; (2) outside this state but within the 903
territorial boundaries of the United States, provided the victim, at the 904
time of injury or death, was a resident of this state and the state in which 905
such crime occurred does not have a program for compensation of 906
victims for which such victim is eligible; (3) outside the territorial 907
boundaries of the United States, provided the victim was a resident of 908
this state at the time of injury or death, the crime would be considered a 909
crime within the State of Connecticut, and the country in which such 910
crime occurred does not have a program for compensation of victims for 911
which such victim is eligible; and (4) outside the territorial boundaries 912
of the United States, provided the applicant is a victim of international 913
terrorism, as defined in 18 USC 2331, as amended from time to time, and 914
was a resident of this state at the time of injury or death. 915
Sec. 26. Subsection (d) of section 1-84 of the 2024 supplement to the 916
general statutes is repealed and the following is substituted in lieu 917
thereof (Effective from passage): 918
(d) No public official or state employee or employee of such public 919
official or state employee shall agree to accept, or be a member or 920
employee of a partnership, association, professional corporation or sole 921
proprietorship which partnership, association, professional corporation 922
or sole proprietorship agrees to accept any employment, fee or other 923 Substitute Bill No. 426
LCO 30 of 62
thing of value, or portion thereof, for appearing, agreeing to appear, or 924
taking any other action on behalf of another person before the 925
Department of Banking, the Office of the Claims Commissioner, the 926
Health Systems Planning Unit of the Office of Health Strategy, the 927
Insurance Department, the Department of Consumer Protection, the 928
Department of Motor Vehicles, the State Insurance and Risk 929
Management Board, the Department of Energy and Environmental 930
Protection [, the Public Utilities Regulatory Authority, the Connecticut 931
Siting Council] or the Connecticut Real Estate Commission; provided 932
this shall not prohibit any such person from making inquiry for 933
information on behalf of another before any of said commissions or 934
commissioners if no fee or reward is given or promised in consequence 935
thereof. For the purpose of this subsection, partnerships, associations, 936
professional corporations or sole proprietorships refer only to such 937
partnerships, associations, professional corporations or sole 938
proprietorships which have been formed to carry on the business or 939
profession directly relating to the employment, appearing, agreeing to 940
appear or taking of action provided for in this subsection. Nothing in 941
this subsection shall prohibit any employment, appearing, agreeing to 942
appear or taking action before any municipal board, commission or 943
council. Nothing in this subsection shall be construed as applying (1) to 944
the actions of any teaching or research professional employee of a public 945
institution of higher education if such actions are not in violation of any 946
other provision of this chapter, (2) to the actions of any other 947
professional employee of a public institution of higher education if such 948
actions are not compensated and are not in violation of any other 949
provision of this chapter, (3) to any member of a board or commission 950
who receives no compensation other than per diem payments or 951
reimbursement for actual or necessary expenses, or both, incurred in the 952
performance of the member's duties, or (4) to any member or director of 953
a quasi-public agency. Notwithstanding the provisions of this 954
subsection to the contrary, a legislator, an officer of the General 955
Assembly or part-time legislative employee may be or become a 956
member or employee of a firm, partnership, association or professional 957
corporation which represents clients for compensation before agencies 958 Substitute Bill No. 426
LCO 31 of 62
listed in this subsection, provided the legislator, officer of the General 959
Assembly or part-time legislative employee shall take no part in any 960
matter involving the agency listed in this subsection and shall not 961
receive compensation from any such matter. Receipt of a previously 962
established salary, not based on the current or anticipated business of 963
the firm, partnership, association or professional corporation involving 964
the agencies listed in this subsection, shall be permitted. 965
Sec. 27. (NEW) (Effective October 1, 2024) (a) As used in this section: 966
(1) "Communication technology" means an electronic device or 967
process that: 968
(A) Allows a commissioner of the Superior Court and a remotely 969
located individual to communicate with each other simultaneously by 970
sight and sound; and 971
(B) When necessary and consistent with other applicable law, 972
facilitates communication between a commissioner of the Superior 973
Court and a remotely located individual who has a vision, hearing or 974
speech impairment. 975
(2) "Identity proofing" means a process or service by which a third 976
person provides a commissioner of the Superior Court with a means to 977
verify the identity of a remotely located individual by a review of 978
personal information from public or private data sources. 979
(3) "Outside the United States" means a location outside the 980
geographic boundaries of the United States, Puerto Rico, the United 981
States Virgin Islands and any territory, insular possession or other 982
location subject to the jurisdiction of the United States. 983
(4) "Remotely located individual" means an individual who is not in 984
the physical presence of the commissioner of the Superior Court who 985
takes an acknowledgment under subsection (b) of this section. 986
(b) Except as provided in subsection (g) of this section, a document 987
may be acknowledged by an individual who is not in the physical 988 Substitute Bill No. 426
LCO 32 of 62
presence of a commissioner of the Superior Court at the time of the 989
acknowledgment if the following requirements are met: 990
(1) The individual and the commissioner of the Superior Court can 991
communicate simultaneously, in real time, by sight and sound using 992
communication technology; and 993
(2) When performing a remote acknowledgment pursuant to the 994
provisions of this section, the commissioner of the Superior Court 995
reasonably identifies the individual at the time of the acknowledgment 996
by one or more of the following methods: 997
(A) Personal knowledge of the identity of the individual; 998
(B) The individual presents a government-issued identification 999
document or record that has not expired and includes the individual's 1000
photograph, name and signature. An acceptable form of government-1001
issued identification document or record includes, but is not limited to, 1002
a driver's license, government-issued identification card or passport; 1003
(C) Not less than two different types of identity proofing processes or 1004
services by which a third person provides a means to verify the identity 1005
of the individual through a review of public or private data sources; or 1006
(D) Oath or affirmation by a credible witness who: 1007
(i) Is in the physical presence of either the commissioner of the 1008
Superior Court or the individual; or 1009
(ii) Is able to communicate in real time with the commissioner of the 1010
Superior Court and the individual by sight and sound through an 1011
electronic device or process at the time of the acknowledgment, if the 1012
credible witness has personal knowledge of the identity of the 1013
individual and has been reasonably identified by the commissioner of 1014
the Superior Court by a method provided in this section. 1015
(c) When an individual who is physically located outside of the state 1016
of Connecticut or outside the United States seeks a remote 1017 Substitute Bill No. 426
LCO 33 of 62
acknowledgment pursuant to subsection (b) of this section, the record 1018
being acknowledged shall: 1019
(1) Be intended for filing or presentation in a matter before a court, 1020
governmental entity, public official or other entity subject to the 1021
jurisdiction of the state of Connecticut; or 1022
(2) Otherwise not be prohibited by law of the state of Connecticut to 1023
be acknowledged outside the state. 1024
(d) Once the record acknowledged pursuant to subsection (b) of this 1025
section is signed by the individual in accordance with the procedures 1026
set forth in this section, the individual shall mail or otherwise cause to 1027
be delivered the signed original copy of the record to the commissioner 1028
of the Superior Court. 1029
(e) The date and time of an acknowledgment conducted pursuant to 1030
subsection (b) of this section shall be the date and time when the 1031
commissioner of the Superior Court witnessed the signature being 1032
performed by means of communication technology. 1033
(f) Nothing in this section shall affect the authority of a commissioner 1034
of the Superior Court to refuse to take an acknowledgment or require a 1035
commissioner of the Superior Court to take an acknowledgment: 1036
(1) With respect to an electronic record; 1037
(2) For an individual not in the physical presence of the commissioner 1038
of the Superior Court; or 1039
(3) Using a technology that the commissioner of the Superior Court 1040
has not selected. 1041
(g) No record shall be acknowledged remotely pursuant to subsection 1042
(b) of this section in (1) the making and execution of a will, codicil, trust 1043
or trust instrument, (2) the execution of health care instructions 1044
pursuant to section 19a-575a of the general statutes, (3) the execution of 1045
a designation of a standby guardian pursuant to section 45a-624 of the 1046 Substitute Bill No. 426
LCO 34 of 62
general statutes, (4) the execution of a designation of a person for 1047
decision-making and certain rights and obligations pursuant to section 1048
1-56r of the general statutes, (5) the execution of a living will, as defined 1049
in section 19a-570 of the general statutes, (6) the execution of a power of 1050
attorney, as defined in section 1-350a of the general statutes, (7) the 1051
execution of a self-proving affidavit for an appointment of a health care 1052
representative or for a living will under sections 1-56r and 19a-578 of the 1053
general statutes, (8) the execution of a mutual distribution agreement 1054
under section 45a-433 of the general statutes, (9) the execution of a 1055
disclaimer under section 45a-579 or 45a-583 of the general statutes, or 1056
(10) a real estate closing, as defined in section 51-88a of the general 1057
statutes. The performance of any such acknowledgment in connection 1058
with any of the acts described in this subsection shall be ineffective for 1059
any purpose and shall constitute a violation of section 51-88 of the 1060
general statutes. 1061
Sec. 28. Section 22-329a of the 2024 supplement to the general statutes 1062
is repealed and the following is substituted in lieu thereof (Effective 1063
October 1, 2024): 1064
(a) Any animal control officer or regional animal control officer 1065
appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable, 1066
may take physical custody of any animal when such animal control 1067
officer has reasonable cause to believe that such animal is in imminent 1068
harm and is neglected or is cruelly treated in violation of section 22-366, 1069
22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251, 53-252 or 53a-73b, 1070
and, not later than ninety-six hours after taking physical custody, shall 1071
proceed as provided in subsection (c) of this section, except that if, in the 1072
opinion of a licensed veterinarian or the State Veterinarian, at any time 1073
after physical custody of such animal is taken, such animal is so injured 1074
or diseased that it should be euthanized immediately, such officer may 1075
have such animal humanely euthanized by a licensed veterinarian. 1076
(b) Any animal control officer or regional animal control officer 1077
appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable, 1078
may take physical custody of any animal upon issuance of a warrant 1079 Substitute Bill No. 426
LCO 35 of 62
finding probable cause that such animal is neglected or is cruelly treated 1080
in violation of section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-1081
250, 53-251, 53-252 or 53a-73b, and shall thereupon proceed as provided 1082
in subsection (c) of this section except that if, in the opinion of a licensed 1083
veterinarian or the State Veterinarian, at any time after physical custody 1084
of such animal is taken, such animal is so injured or diseased that it 1085
should be euthanized immediately, such officer may have such animal 1086
humanely euthanized by a licensed veterinarian. 1087
(c) Such officer shall file with the superior court which has venue over 1088
such matter or with the superior court for the judicial district of Hartford 1089
at Hartford a verified petition plainly stating such facts of neglect or 1090
cruel treatment as to bring such animal within the jurisdiction of the 1091
court and praying for appropriate action by the court in accordance with 1092
the provisions of this section. Upon the filing of such petition, the court 1093
shall cause a summons to be issued requiring the owner or owners or 1094
person having responsibility for the care of the animal, if known, to 1095
appear in court at the time and place named. 1096
(d) If physical custody of an animal has been taken pursuant to 1097
subsection (a) or (b) of this section and it appears from the allegations of 1098
the petition filed pursuant to subsection (c) of this section and other 1099
affirmations of fact accompanying the petition, or provided subsequent 1100
thereto, that there is reasonable cause to find that the animal's condition 1101
or the circumstances surrounding its care require that temporary care 1102
and custody be immediately assumed to safeguard its welfare, the court 1103
shall either (1) issue an order to show cause why the court should not 1104
vest in some suitable state, municipal or other public or private agency 1105
or person the animal's temporary care and custody pending a hearing 1106
on the petition, or (2) issue an order vesting in some suitable state, 1107
municipal or other public or private agency or person the animal's 1108
temporary care and custody pending a hearing on the petition. A 1109
hearing on the order issued by the court pursuant to subdivision (1) or 1110
(2) of this subsection shall be held not later than fourteen days after the 1111
issuance of such order. The service of such order may be made by any 1112
officer authorized by law to serve process, state police officer or 1113 Substitute Bill No. 426
LCO 36 of 62
indifferent person and shall be served not less than forty-eight hours 1114
prior to the date and time of such hearing. If the owner or owners or 1115
person having responsibility for the care of the animal is not known, 1116
notice of the time and place of the hearing shall be given by publication 1117
in a newspaper having a circulation in the town in which such officer 1118
took physical custody of such animal not less than forty-eight hours 1119
prior to the date and time of such hearing. 1120
(e) If physical custody of an animal has not been taken pursuant to 1121
subsection (a) or (b) of this section, and such officer has reasonable cause 1122
to believe that an animal is neglected or is cruelly treated in violation of 1123
section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 1124
53-252, such officer may file a petition with the superior court which has 1125
venue over such matter or with the superior court for the judicial district 1126
of Hartford at Hartford, plainly stating such facts of neglect or cruel 1127
treatment as to bring the animal within the jurisdiction of the court and 1128
praying for appropriate action by the court to ensure the welfare of the 1129
animal, including, but not limited to, physical removal and temporary 1130
care and custody of the animal, an order to compel the owner of any 1131
such animal to provide care in a manner that the court determines is 1132
necessary, authorization of an animal control officer or regional animal 1133
control officer appointed pursuant to section 22-328, 22-331 or 22-331a, 1134
as applicable, or a licensed veterinarian to provide care for the animal 1135
on site, vesting of ownership of the animal, the posting of a bond in 1136
accordance with subsection (f) of this section and the assessment of costs 1137
in accordance with subsection (h) of this section. Upon the filing of such 1138
petition, the court shall cause a summons for an order to show cause to 1139
be issued requiring the owner or owners or person having responsibility 1140
for the care of the animal, if known, to appear in court at the time and 1141
place named. If the owner or owners or person having responsibility for 1142
the care of the animal is not known, notice of the time and place of the 1143
hearing shall be given by publication in a newspaper having a 1144
circulation in the town where the animal is located not less than forty-1145
eight hours prior to the date and time of the hearing. If it appears from 1146
the allegations of the petition filed pursuant to this subsection and other 1147 Substitute Bill No. 426
LCO 37 of 62
affirmations of fact accompanying the petition, or provided subsequent 1148
thereto, that there is reasonable cause to find that the animal's condition 1149
or the circumstances surrounding its care require the immediate 1150
removal of the animal from the owner or owners or person having 1151
responsibility for the care of the animal to safeguard its welfare, the 1152
court shall issue an order vesting in some suitable state, municipal or 1153
other public or private agency or person the animal's temporary care 1154
and custody pending a hearing on the petition which hearing shall be 1155
held not later than ten days after the issuance of such order for such 1156
temporary care and custody. The service of such order may be made by 1157
any officer authorized by law to serve process, state police officer or 1158
indifferent person and shall be served not less than forty-eight hours 1159
prior to the date and time of such hearing. 1160
(f) If the court issues an order vesting the animal's temporary care 1161
and custody in some suitable state, municipal or other public or private 1162
agency or person, the owner or owners shall either relinquish 1163
ownership of the animal or post a cash bond with the agency or person 1164
in whom the animal's temporary care and custody was vested or with 1165
such agency's counsel of record in the case. The cash bond shall be in the 1166
amount of one thousand dollars for each animal placed in the temporary 1167
care or custody of such agency or person and shall secure payment for 1168
the reasonable expenses of the agency or person having temporary care 1169
and custody of the animal in caring and providing for such animal until 1170
the court makes a finding as to the animal's disposition under subsection 1171
(g) of this section. The requirement that a bond be posted may be waived 1172
if such owner provides satisfactory evidence that such owner is indigent 1173
and unable to pay for such bond. 1174
(g) (1) If, after hearing, the court finds that the animal is neglected or 1175
cruelly treated, it shall vest ownership of the animal in any state, 1176
municipal or other public or private agency which is permitted by law 1177
to care for neglected or cruelly treated animals or with any person found 1178
to be suitable or worthy of such responsibility by the court. 1179
(2) If, after hearing, the court finds that the animal is so injured or 1180 Substitute Bill No. 426
LCO 38 of 62
diseased that it should be humanely euthanized, the court may order 1181
that such animal be humanely euthanized by a licensed veterinarian. 1182
(3) If, after hearing, the court finds that the animal is not neglected or 1183
cruelly treated, it may cause the animal to be returned to its owner or 1184
owners or person having responsibility for its care or, if such owner or 1185
owners or person is unknown or unwilling to resume caring for such 1186
animal, it may vest ownership of the animal in any state, municipal or 1187
other public or private agency or person found to be suitable or worthy 1188
of such responsibility. 1189
(4) If the court makes a finding under subdivision (1) or (2) of this 1190
subsection less than thirty days after the issuance of an order of 1191
temporary care and custody and the owner of the animal has posted a 1192
bond, the agency or person with whom the bond was posted shall return 1193
the balance of such bond, if any, to the owner. The amount of the bond 1194
to be returned to the owner shall be calculated at the rate of [fifteen] 1195
twenty dollars per day per animal or [twenty-five] thirty dollars per day 1196
per animal if the animal is a horse or other large livestock for the number 1197
of days less than thirty that such agency or person has not had 1198
temporary care and custody of the animal less any veterinary costs and 1199
expenses incurred for the welfare of the animal. 1200
(5) If the court makes a finding under subdivision (3) of this 1201
subsection after the issuance of an order of temporary care and custody 1202
and the owner of the animal has posted a bond, the agency or person 1203
with whom the bond was posted shall return such bond to such owner. 1204
(h) If the court finds that the animal is neglected or cruelly treated, 1205
the expenses incurred by the state or a municipality in providing proper 1206
food, shelter and care to an animal it has taken custody of under 1207
subsection (a) or (b) of this section and the expenses incurred by any 1208
state, municipal or other public or private agency or person in providing 1209
temporary care and custody pursuant to an order vesting temporary 1210
care and custody, calculated at the rate of twenty dollars per day per 1211
animal or thirty dollars per day per animal if the animal is a horse or 1212 Substitute Bill No. 426
LCO 39 of 62
other large livestock until the date ownership is vested pursuant to 1213
subdivision (1) of subsection (g) of this section shall be paid by the 1214
owner or owners or person having responsibility for the care of the 1215
animal. In addition, all veterinary costs and expenses incurred for the 1216
welfare of the animal shall be paid by the owner or owners or person 1217
having responsibility for the animal. 1218
(i) If the court vests ownership of the animal in the Commissioner of 1219
Agriculture or a municipality, the commissioner or the municipality 1220
may conduct or participate in a public auction of the animal under such 1221
conditions the commissioner or the municipality deems necessary or the 1222
commissioner or the municipality may consign the animal to an auction 1223
or sell the animal through an open advertised bid process whereby bid 1224
price and demonstration of sufficient knowledge and ability to care for 1225
such animal are factors for the commissioner's or municipality's 1226
consideration. All moneys collected from the sale of animals sold by the 1227
Commissioner of Agriculture through such open advertised bid process 1228
shall be deposited in the animal abuse cost recovery account established 1229
in subsection (j) of this section. All moneys collected from the sale of 1230
animals sold by a municipality through such open advertised bid 1231
process shall be deposited by the town treasurer or other fiscal officer in 1232
the town's general fund. The commissioner or the municipality may also 1233
vest ownership of any such animal in an individual or a public or private 1234
nonprofit animal rescue or adoption organization. Any record 1235
containing the name, address or other personally identifying 1236
information of the new owner of such animal shall be exempt from 1237
disclosure under state law, provided such information may be disclosed 1238
pursuant to the issuance of a lawful subpoena. 1239
(j) There is established a separate, nonlapsing account within the 1240
General Fund, to be known as the "animal abuse cost recovery account". 1241
All moneys collected from sales at public auction of animals seized by 1242
the Department of Agriculture pursuant to this section shall be 1243
deposited into the account. Deposits of moneys may be made into the 1244
account from public or private sources, including, but not limited to, the 1245
federal government or municipal governments. 1246 Substitute Bill No. 426
LCO 40 of 62
(k) Notwithstanding any provision of the general statutes, any 1247
moneys received by the Department of Agriculture pursuant to 1248
subsection (j) of this section shall be deposited in the General Fund and 1249
credited to the animal abuse cost recovery account. The account shall be 1250
available to the Commissioner of Agriculture for the purpose of the 1251
housing, care and welfare of any animal seized by the department, until 1252
final disposition of such animal. Additionally, the account may be used 1253
for the purpose of providing reimbursement to any municipality for the 1254
costs of providing temporary care to such animal if such temporary care 1255
exceeded thirty days in duration and such costs exceeded the amount of 1256
any surety bond or cash bond posted pursuant to subsection (f) of this 1257
section provided the total annual reimbursement to municipalities from 1258
said account for such purpose shall not exceed twenty-five thousand 1259
dollars. Nothing in this section shall prevent the commissioner from 1260
obtaining or using funds from sources other than the account for the 1261
housing, care and welfare of any animal seized by the department 1262
pursuant to this section. 1263
Sec. 29. Section 22-358 of the general statutes is repealed and the 1264
following is substituted in lieu thereof (Effective October 1, 2024): 1265
(a) Any owner or [the agent of any owner of any domestic animal or 1266
poultry, or the Chief Animal Control Officer, any animal control officer, 1267
any municipal animal control officer, any regional animal control officer 1268
or any police officer or state policeman, may kill any dog which he 1269
observes pursuing or worrying any such domestic animal or poultry] 1270
keeper of any animal or poultry, or an agent of such owner or keeper, 1271
or any animal control officer appointed pursuant to section 22-328, 22-1272
331 or 22-331a, or any police officer, including a state police officer, may 1273
kill any dog while the dog is in the act of biting, attacking or pursuing 1274
any such animal or poultry of the owner or keeper. Any owner, keeper, 1275
animal control officer or police officer who kills such dog shall make 1276
complaint concerning the circumstances of the attack to any animal 1277
control officer appointed pursuant to section 22-328, 22-331 or 22-331a 1278
of the town where such attack occurred. The animal control officer to 1279
whom such complaint is made shall investigate the circumstances of the 1280 Substitute Bill No. 426
LCO 41 of 62
attack set forth in the complaint. 1281
(b) Any person who is [bitten, or who shows visible evidence of 1282
attack] protecting himself or herself or another person or animal from 1283
physical harm while being bitten or attacked by a dog, cat or other 1284
animal when such person is not upon the premises of the owner or 1285
keeper of such dog, cat or other animal may kill such dog, cat or other 1286
animal during such attack. [Such person shall make complaint 1287
concerning the circumstances of the attack to the Chief Animal Control 1288
Officer, any animal control officer or the municipal animal control 1289
officer or regional animal control officer of the town wherein such dog, 1290
cat or other animal is owned or kept. Any such officer to whom such 1291
complaint is made shall immediately make an investigation of such 1292
complaint.] Any person who kills such animal shall make complaint 1293
concerning the circumstances of the attack to any animal control officer 1294
appointed pursuant to section 22-328, 22-331 or 22-331a of the town 1295
where such attack occurred. The animal control officer to whom such 1296
complaint is made shall investigate the circumstances of the attack set 1297
forth in the complaint. 1298
[(c) The commissioner, the Chief Animal Control Officer, any animal 1299
control officer, any municipal animal control officer or any regional 1300
animal control officer may make any order concerning the restraint or 1301
disposal of any biting dog, cat or other animal as the commissioner or 1302
such officer deems necessary. Notice of any such order shall be given to 1303
the person bitten by such dog, cat or other animal within twenty-four 1304
hours. The owner of such animal shall pay all fees as set forth in section 1305
22-333. Any owner or keeper of such dog, cat or other animal who fails 1306
to comply with such order shall be guilty of a class D misdemeanor. If 1307
an owner or keeper fails to comply with a restraining order made 1308
pursuant to this subsection, the Chief Animal Control Officer, any 1309
animal control officer, any municipal animal control officer or any 1310
regional animal control officer may seize the dog, cat or other animal to 1311
ensure such compliance and the owner or keeper shall be responsible 1312
for any expenses resulting from such seizure. Any person aggrieved by 1313
an order of any municipal animal control officer, the Chief Animal 1314 Substitute Bill No. 426
LCO 42 of 62
Control Officer, any animal control officer or any regional animal 1315
control officer may request a hearing before the commissioner within 1316
fourteen days of the issuance of such order. Any order issued pursuant 1317
to this section that requires the restraint of an animal shall be effective 1318
upon its issuance and shall remain in effect during any appeal of such 1319
order to the commissioner. After such hearing, the commissioner may 1320
affirm, modify or revoke such order as the commissioner deems proper. 1321
Any dog owned by a police agency of the state or any of its political 1322
subdivisions is exempt from the provisions of this subsection when such 1323
dog is under the direct supervision, care and control of an assigned 1324
police officer, is currently vaccinated and is subject to routine veterinary 1325
care. Any guide dog owned or in the custody and control of a blind 1326
person or a person with a mobility impairment is exempt from the 1327
provisions of this subsection when such guide dog is under the direct 1328
supervision, care and control of such person, is currently vaccinated and 1329
is subject to routine veterinary care.] 1330
(c) In the interest of public health and safety, if after investigation, 1331
any animal control officer appointed pursuant to section 22-328, 22-331 1332
or 22-331a in the municipality or region in which an alleged dog bite or 1333
attack occurs determines that a person has in fact been bitten or attacked 1334
by a dog, such animal control officer may make any order concerning 1335
the restraint or disposal of such biting or attacking dog as is necessary 1336
to protect public health and safety. In determining the type of order to 1337
be issued or conditions of restraint to be imposed, the animal control 1338
officer shall consider factors that include, but need not be limited to: (1) 1339
The ability of the owner or keeper of the dog, if any, to control the 1340
animal; (2) the severity of injury inflicted on a person by the biting or 1341
attacking dog; (3) the viciousness of the bite or attack; (4) any history of 1342
past bites or attacks by the dog; (5) whether the bite or attack occurred 1343
at a location that is off of the property of the owner or keeper of the dog; 1344
(6) whether the biting or attacking dog was provoked; and (7) whether 1345
the biting or attacking dog was protecting its owner or keeper from 1346
physical harm. 1347
(d) Any dog, while [actually worrying] biting, attacking or pursuing 1348 Substitute Bill No. 426
LCO 43 of 62
deer, may be killed by [the Chief Animal Control Officer or an animal 1349
control officer] any animal control officer appointed pursuant to section 1350
22-328, 22-331 or 22-331a, or by a conservation officer or special 1351
conservation officer appointed by the Commissioner of Energy and 1352
Environmental Protection, or by any police officer, [or state policeman] 1353
including a state police officer. The owner or keeper of any dog found 1354
[worrying] biting, attacking or pursuing a deer shall be guilty of a class 1355
D misdemeanor. 1356
(e) Any person who kills any dog, cat or other animal in accordance 1357
with the provisions of this section shall not be held criminally or civilly 1358
liable therefor. 1359
(f) Repealed by P.A. 19-197, S. 1. 1360
(g) Repealed by P.A. 05-175, S. 24. 1361
(h) The following shall apply to any order issued pursuant to this 1362
section: 1363
(1) In the interest of public health and safety, and the health and 1364
safety of animals, whenever an order issued pursuant to this section 1365
requires the restraint of an animal, the order shall be effective upon its 1366
issuance and shall remain in effect during any appeal of such order; 1367
(2) In the interest of public health and safety, and the health and 1368
safety of animals, whenever an order issued pursuant to this section 1369
requires the disposal of an animal, the issuing officer shall take physical 1370
custody and retain possession of the animal subject to the order during 1371
any appeal of such order; 1372
(3) Not later than twenty-four hours after the issuance of any order 1373
issued pursuant to this section, a copy of the order shall be delivered to 1374
the person bitten or attacked, or to the owner or keeper of an animal 1375
which has been bitten or attacked. An order issued pursuant to this 1376
section shall include the date, time and place where the prehearing 1377
meeting shall occur. The order shall also include a statement informing 1378 Substitute Bill No. 426
LCO 44 of 62
the owner or keeper of the biting or attacking animal of their right to 1379
pursue an appeal of the order following the prehearing meeting; 1380
(4) Not later than fifteen days after the date of issuing an order issued 1381
pursuant to this section by any animal control officer appointed 1382
pursuant to section 22-328, 22-331 or 22-331a, the municipality in which 1383
the attack occurred shall schedule and hold a prehearing meeting with 1384
the owner or keeper of the animal subject to the order and the person 1385
who was bitten or attacked, or the owner or keeper of an animal which 1386
has been bitten or attacked, to determine if the order is in dispute. At 1387
such meeting the owner or keeper of the animal subject to the order and 1388
their legal counsel, if any, the animal control officer issuing the order 1389
and the animal control officer's appointing authority, or their designee, 1390
may stipulate to an alternate order; 1391
(5) A statement of the prehearing meeting, including only the names 1392
of the attending parties, the date of the prehearing meeting and whether 1393
the order was modified, shall be provided by the municipality to the 1394
owner or keeper of the animal subject to the order, and the victim or the 1395
owner or keeper of an animal which has been bitten or attacked, not 1396
later than ten days after the date of the prehearing meeting. All 1397
settlement discussions that occurred during the prehearing meeting 1398
shall be confidential and protected from disclosure under state law; 1399
(6) After the prehearing meeting is concluded, any person aggrieved 1400
by any order, including an alternate order, issued pursuant to this 1401
section by any animal control officer appointed pursuant to section 22-1402
328, 22-321 or 22-321a, may appeal to the superior court of the judicial 1403
district in which such municipality is located, provided such appeal is 1404
made not later than fifteen days after the date on which the prehearing 1405
meeting is concluded; 1406
(7) The owner or keeper of any animal subject to an order issued 1407
pursuant to this section shall pay all fees as set forth in section 22-333. If 1408
an owner or keeper of an animal subject to an order issued pursuant to 1409
this section fails to comply with the order, any animal control officer 1410 Substitute Bill No. 426
LCO 45 of 62
appointed pursuant to section 22-328, 22-331 or 22-331a may seize the 1411
animal prior to or during the pendency of the prehearing meeting or 1412
appeal and until completion of the appeal of such order to ensure such 1413
compliance and the owner shall be responsible for any expenses 1414
resulting from such seizure; 1415
(8) Once the order becomes a final order or judgment, the order is 1416
enforceable on a state-wide basis and any animal control officer 1417
appointed pursuant to section 22-328, 22-331 or 22-331a shall have the 1418
authority to enforce the final order or judgment; 1419
(9) Any owner or keeper of an animal subject to a final order or 1420
judgment issued pursuant to this subsection who fails to comply with a 1421
final order or judgment shall be guilty of a class D misdemeanor; and 1422
(10) Any person aggrieved by any order issued under the provisions 1423
of this section by the commissioner or an animal control officer may 1424
appeal to the superior court of the judicial district in which such 1425
aggrieved person is a resident, provided such appeal is made not later 1426
than fifteen days after the date of issuance of the order. 1427
[(h)] (i) A person who sustains damage [by a dog] or physical injury 1428
to such person's poultry, ratite, domestic rabbit, [companion] animal or 1429
livestock as defined in section 22-278, by a biting or attacking dog shall 1430
make complaint concerning circumstances of the bite or attack by such 1431
dog on any such animal or livestock to the [Chief Animal Control 1432
Officer, any animal control officer or the municipal animal control 1433
officer or regional animal control officer of the town in which such dog 1434
is owned or kept] animal control officer appointed pursuant to section 1435
22-328, 22-331 or 22-331a of the town in which the bite or attack 1436
occurred. An officer to whom such complaint is made shall immediately 1437
investigate such complaint. [If such officer finds that the complainant's 1438
animal has been bitten or attacked by a dog when the attacked animal 1439
was not on the premises of the owner or keeper of the attacking dog and 1440
provided the complainant's animal was under the control of the 1441
complainant or on the complainant's property, such officer, the 1442 Substitute Bill No. 426
LCO 46 of 62
commissioner, the Chief Animal Control Officer or any animal control 1443
officer may make any order concerning the restraint or disposal of such 1444
attacking dog as the commissioner or such officer deems necessary. An 1445
owner or keeper of such dog who fails to comply with such order shall 1446
be guilty of a class D misdemeanor. If the owner or keeper of such dog 1447
fails to comply with an order made pursuant to this subsection, the 1448
Chief Animal Control Officer or any animal control officer, municipal 1449
animal control officer or regional animal control officer may seize the 1450
dog to ensure such compliance, and the owner or keeper of such dog 1451
shall be responsible for any expenses resulting from such seizure. A 1452
person aggrieved by an order of the Chief Animal Control Officer or any 1453
animal control officer, municipal animal control officer or regional 1454
animal control officer made pursuant to this subsection may request a 1455
hearing before the commissioner not later than fourteen days after the 1456
issuance of such order. After such hearing, the commissioner may 1457
affirm, modify or revoke such order as the commissioner deems proper. 1458
A dog owned by a police agency of the state or any of its political 1459
subdivisions is exempt from the provisions of this section when such 1460
dog is under the direct supervision, care and control of an assigned 1461
police officer, has been vaccinated annually and is subject to routine 1462
veterinary care.] In the interest of public health and safety, and the 1463
health and safety of animals, if after investigation, any animal control 1464
officer appointed pursuant to section 22-328, 22-331 or 22-331a in the 1465
municipality or region in which an alleged dog bite or attack occurs 1466
determines that an animal has in fact been bitten or attacked by a dog, 1467
such animal control officer may make any order concerning the restraint 1468
or disposal of such biting or attacking dog as is necessary to protect 1469
public health and safety and the health and safety of animals. In 1470
determining the type of order to be issued or conditions of restraint to 1471
be imposed, the animal control officer shall consider factors that include, 1472
but need not be limited to: (1) The ability of the owner or keeper to 1473
control the dog; (2) the severity of injury inflicted by the biting or 1474
attacking dog; (3) the viciousness of the bite or attack; (4) any history of 1475
past bites or attacks by the dog; (5) whether the bite or attack occurred 1476
at a location that is off of the property of the owner or keeper of the 1477 Substitute Bill No. 426
LCO 47 of 62
biting or attacking dog, provided the animal attacked was under the 1478
control of animal's owner or keeper, or the animal attacked was on 1479
property of the owner or keeper; (6) whether the biting or attacking dog 1480
was provoked; and (7) whether the biting or attacking dog was 1481
protecting its owner or keeper from physical harm. 1482
(j) Any dog or other animal owned by the United States military, a 1483
law enforcement agency of the United States or a law enforcement 1484
agency of this state or any of its political subdivisions shall be exempt 1485
from the provisions of this section when such dog or other animal is 1486
owned by or in the custody and control of such agency and under the 1487
direct supervision, care and control of an assigned handler, is currently 1488
vaccinated for rabies and is subject to routine veterinary care. Any 1489
service animal owned by or in the custody and control of a person with 1490
a disability shall be exempt from the provisions of this section when 1491
such service animal is under the direct supervision, care and control of 1492
such person, is currently vaccinated for rabies and is subject to routine 1493
veterinary care. As used in this subsection, "service animal" and 1494
"disability" have the same meaning as provided in section 22-345. 1495
Sec. 30. Section 52-380a of the general statutes is repealed and the 1496
following is substituted in lieu thereof (Effective October 1, 2024): 1497
(a) A judgment lien, securing the unpaid amount of any money 1498
judgment, including interest and costs, may be placed on any real 1499
property by recording, in the town clerk's office in the town where the 1500
real property lies, a judgment lien certificate, signed by the judgment 1501
creditor or his attorney or personal representative, containing: (1) A 1502
statement of the names and last-known addresses of the judgment 1503
creditor and judgment debtor, the court in which and the date on which 1504
the judgment was rendered, and the original amount of the money 1505
judgment and the amount due thereon; and (2) a description, which 1506
need not be by metes and bounds, of the real property on which a lien 1507
is to be placed, and a statement that the lien has been placed on such 1508
property. 1509 Substitute Bill No. 426
LCO 48 of 62
(b) From the time of the recording of the judgment lien certificate, the 1510
money judgment shall be a lien on the judgment debtor's interest in the 1511
real property described. If, within four months of judgment, the lien is 1512
placed on real property which was previously attached in the action, the 1513
lien on that property shall hold from the date of attachment, provided 1514
the judgment lien certificate contains a clause referring to and 1515
identifying the attachment, substantially in the following form: "This 1516
lien is filed within four months after judgment in the action was 1517
rendered and relates back to an attachment of real property recorded on 1518
(month) (day) (year), at Volume ___ Page ___ of the ___ land records." 1519
(c) A judgment lien on real property may be foreclosed or redeemed 1520
in the same manner as mortgages on the same property. 1521
(d) In the case of a consumer judgment, the complaint shall indicate 1522
whether, pursuant to an installment payment order under subsection 1523
(b) of section 52-356d, the court has entered a stay of execution and, if 1524
such a stay was entered, shall allege any default on an installment 1525
payment order which is a precondition to foreclosure. In addition, the 1526
judgment creditor shall give notice to the judgment debtor of the 1527
Ezequiel Santiago Foreclosure Mediation Program, established 1528
pursuant to section 49-31m, by attaching to the front of the writ, 1529
summons and complaint that is served on the judgment debtor: (1) A 1530
copy of the notice of foreclosure mediation, in such form as the Chief 1531
Court Administrator prescribes, (2) a copy of the foreclosure mediation 1532
certificate form described in subsection (c) of section 49-3ll, in such form 1533
as the Chief Court Administrator prescribes, and (3) a blank appearance 1534
form, in such form as the Chief Court Administrator prescribes. The 1535
notice of foreclosure mediation shall instruct the judgment debtor to file 1536
the appearance and foreclosure mediation certificate forms with the 1537
court not later than fifteen days from the return date for the foreclosure 1538
action. If the judgment debtor elects to participate in, and the court 1539
orders the case assigned to, said foreclosure mediation program, (A) the 1540
judgment debtor shall be entitled to the rights and shall assume the 1541
obligations of a mortgagor under sections 49-31k to 49-31o, inclusive, 1542
and (B) a judgment creditor shall be entitled to the rights and shall 1543 Substitute Bill No. 426
LCO 49 of 62
assume the obligations of a mortgagee under sections 49-31k to 49-31o, 1544
inclusive, except that the judgment creditor shall not be required to 1545
furnish the mortgage specific information described in subsection (d) of 1546
section 49-31l, but instead shall furnish a copy of the underlying 1547
judgment, and an accounting of current interest and other charges 1548
incurred for the time period prescribed in subsection (d) of section 49-1549
31l. No action to foreclose a judgment lien filed pursuant to this section 1550
may be commenced unless an execution may issue pursuant to section 1551
52-356a. The judgment lien shall expire twenty years after the judgment 1552
was rendered, except any judgment lien recorded with respect to a small 1553
claims action shall expire ten years after the judgment was rendered, 1554
unless the party claiming the lien commences an action to foreclose it 1555
within that period of time and records a notice of lis pendens in evidence 1556
thereof on the land records of the town in which the real property is 1557
located. 1558
Sec. 31. Section 51-274 of the 2024 supplement to the general statutes 1559
is repealed and the following is substituted in lieu thereof (Effective July 1560
1, 2024): 1561
All special acts or provisions thereof inconsistent with this chapter 1562
and with sections 1-1a, 2-5, 2-40, 2-61, 5-164, 5-189, 7-80, 8-12, 9-63, 9-258, 1563
9-368, 12-154, 14-141, 14-142, 18-65, 18-73, 19a-220, 21a-96, 29-13, 29-362, 1564
30-105, 30-107, 30-111, 35-22, 46b-120, 46b-133, 46b-560, 47a-23, 47a-28, 1565
47a-35, 47a-37, 49-61, 49-62, 51-6a, 51-9, 51-15, 51-27, 51-30, 51-33, 51-34, 1566
51-36, 51-48, 51-49, 51-50, 51-51, 51-52, [51-59,] 51-72, 51-73, 51-95, 51-1567
183b, 51-183d, 51-183f, 51-183g, 51-215a, 51-229, 51-232, 51-237, as 1568
amended by this act, and 51-241, subsection (a) of section 51-243 and 1569
sections 51-247, 51-347, 52-45a, 52-45b, 52-46, 52-97, 52-112, 52-139, 52-1570
193, 52-194, 52-196, 52-209, 52-212, 52-215, 52-226, 52-240, 52-257, 52-258, 1571
52-261, 52-263, 52-268, 52-270, 52-278i, 52-293, 52-297, 52-298, 52-324, 52-1572
351, 52-397, 52-425, 52-427, 52-428, 52-521, 53-308, 53-328, 54-2a, 54-56f, 1573
54-66, 54-72, 54-74, 54-82g, 54-82j, 54-82k, 54-95a, 54-96a, 54-96b, 54-97, 1574
54-108, 54-154, 54-166 and 54-169 to 54-174, inclusive, are repealed. 1575
Sec. 32. Subsection (d) of section 1-205 of the general statutes is 1576 Substitute Bill No. 426
LCO 50 of 62
repealed and the following is substituted in lieu thereof (Effective October 1577
1, 2024): 1578
(d) The commission shall, subject to the provisions of the Freedom of 1579
Information Act promptly review the alleged violation of said Freedom 1580
of Information Act and issue an order pertaining to the same. Said 1581
commission shall have the power to investigate all alleged violations of 1582
said Freedom of Information Act and may for the purpose of 1583
investigating any violation hold a hearing, administer oaths, examine 1584
witnesses, receive oral and documentary evidence, have the power to 1585
subpoena witnesses under procedural rules adopted by the commission 1586
to compel attendance and to require the production for examination of 1587
any books and papers which the commission deems relevant in any 1588
matter under investigation or in question. In case of a refusal to comply 1589
with any such subpoena or to testify with respect to any matter upon 1590
which that person may be lawfully interrogated, the superior court for 1591
the judicial district [of New Britain] in which the public agency is 1592
located, on application of the commission, may issue an order requiring 1593
such person to comply with such subpoena and to testify; failure to obey 1594
any such order of the court may be punished by the court as a contempt 1595
thereof. 1596
Sec. 33. Subsection (b) of section 1-206 of the 2024 supplement to the 1597
general statutes is repealed and the following is substituted in lieu 1598
thereof (Effective October 1, 2024): 1599
(b) (1) Any person denied the right to inspect or copy records under 1600
section 1-210 or wrongfully denied the right to attend any meeting of a 1601
public agency or denied any other right conferred by the Freedom of 1602
Information Act may appeal therefrom to the Freedom of Information 1603
Commission, by filing a notice of appeal with said commission. A notice 1604
of appeal shall be filed not later than thirty days after such denial, except 1605
in the case of an unnoticed or secret meeting, in which case the appeal 1606
shall be filed not later than thirty days after the person filing the appeal 1607
receives actual or constructive notice that such meeting was held. For 1608
purposes of this subsection, such notice of appeal shall be deemed to be 1609 Substitute Bill No. 426
LCO 51 of 62
filed on the date it is received by said commission or on the date it is 1610
postmarked, if received more than thirty days after the date of the denial 1611
from which such appeal is taken. Upon receipt of such notice, the 1612
commission shall serve upon all parties, by certified or registered mail 1613
or by electronic transmission, a copy of such notice together with any 1614
other notice or order of such commission. In the case of the denial of a 1615
request to inspect or copy records contained in a public employee's 1616
personnel or medical file or similar file under subsection (c) of section 1-1617
214, the commission shall include with its notice or order an order 1618
requiring the public agency to notify any employee whose records are 1619
the subject of an appeal, and the employee's collective bargaining 1620
representative, if any, of the commission's proceedings and, if any such 1621
employee or collective bargaining representative has filed an objection 1622
under said subsection (c), the agency shall provide the required notice 1623
to such employee and collective bargaining representative by certified 1624
mail, return receipt requested, by electronic transmission or by hand 1625
delivery with a signed receipt. A public employee whose personnel or 1626
medical file or similar file is the subject of an appeal under this 1627
subsection may intervene as a party in the proceedings on the matter 1628
before the commission. Said commission shall, after due notice to the 1629
parties, hear and decide the appeal not later than one year after the filing 1630
of the notice of appeal. The commission shall adopt regulations in 1631
accordance with chapter 54, establishing criteria for those appeals which 1632
shall be privileged in their assignment for hearing. Any such appeal 1633
shall be heard not later than thirty days after receipt of a notice of appeal 1634
and decided not later than sixty days after the hearing. If a notice of 1635
appeal concerns an announced agency decision to meet in executive 1636
session or an ongoing agency practice of meeting in executive sessions, 1637
for a stated purpose, the commission or a member or members of the 1638
commission designated by its chairperson shall serve notice upon the 1639
parties in accordance with this section and hold a preliminary hearing 1640
on the appeal not later than seventy-two hours after receipt of the notice, 1641
provided such notice shall be given to the parties at least forty-eight 1642
hours prior to such hearing. During such preliminary hearing, the 1643
commission shall take evidence and receive testimony from the parties. 1644 Substitute Bill No. 426
LCO 52 of 62
If after the preliminary hearing the commission finds probable cause to 1645
believe that the agency decision or practice is in violation of sections 1-1646
200 and 1-225, the agency shall not meet in executive session for such 1647
purpose until the commission decides the appeal. If probable cause is 1648
found by the commission, it shall conduct a final hearing on the appeal 1649
and render its decision not later than five days after the completion of 1650
the preliminary hearing. Such decision shall specify the commission's 1651
findings of fact and conclusions of law. 1652
(2) In any appeal to the Freedom of Information Commission under 1653
subdivision (1) of this subsection or subsection (c) of this section, the 1654
commission may confirm the action of the agency or order the agency 1655
to provide relief that the commission, in its discretion, believes 1656
appropriate to rectify the denial of any right conferred by the Freedom 1657
of Information Act. The commission may declare null and void any 1658
action taken at any meeting which a person was denied the right to 1659
attend and may require the production or copying of any public record. 1660
In addition, upon the finding that a denial of any right created by the 1661
Freedom of Information Act was without reasonable grounds and after 1662
the custodian or other official directly responsible for the denial has 1663
been given an opportunity to be heard at a hearing conducted in 1664
accordance with sections 4-176e to 4-184, inclusive, the commission 1665
may, in its discretion, impose against the custodian or other official a 1666
civil penalty of not less than twenty dollars nor more than five thousand 1667
dollars. If the commission finds that a person has taken an appeal under 1668
this subsection frivolously, without reasonable grounds and solely for 1669
the purpose of harassing the agency from which the appeal has been 1670
taken, after such person has been given an opportunity to be heard at a 1671
hearing conducted in accordance with sections 4-176e to 4-184, 1672
inclusive, the commission may, in its discretion, impose against that 1673
person a civil penalty of not less than twenty dollars nor more than one 1674
thousand dollars. The commission shall notify a person of a penalty 1675
levied against such person pursuant to this subsection by written notice 1676
sent by certified or registered mail or electronic transmission. If a person 1677
fails to pay the penalty not later than thirty days after receiving such 1678 Substitute Bill No. 426
LCO 53 of 62
notice, the Superior Court shall, on application of the commission, issue 1679
an order requiring the person to pay the penalty imposed. If the 1680
executive director of the commission has reason to believe an appeal 1681
under subdivision (1) of this subsection or subsection (c) of this section 1682
(A) presents a claim beyond the commission's jurisdiction; (B) would 1683
perpetrate an injustice; or (C) would constitute an abuse of the 1684
commission's administrative process, the executive director shall not 1685
schedule the appeal for hearing without first seeking and obtaining 1686
leave of the commission. The commission shall provide due notice to the 1687
parties and review affidavits and written argument that the parties may 1688
submit and grant or deny such leave summarily at its next regular 1689
meeting. The commission shall grant such leave unless it finds that the 1690
appeal: (i) Does not present a claim within the commission's jurisdiction; 1691
(ii) would perpetrate an injustice; or (iii) would constitute an abuse of 1692
the commission's administrative process. Any party aggrieved by the 1693
commission's denial of such leave may apply to the superior court for 1694
the judicial district [of New Britain] in which the public agency is 1695
located, not later than fifteen days of the commission meeting at which 1696
such leave was denied, for an order requiring the commission to hear 1697
such appeal. 1698
(3) In making the findings and determination under subdivision (2) 1699
of this subsection the commission shall consider the nature of any 1700
injustice or abuse of administrative process, including, but not limited 1701
to: (A) The nature, content, language or subject matter of the request or 1702
the appeal, including, among other factors, whether the request or 1703
appeal is repetitious or cumulative; (B) the nature, content, language or 1704
subject matter of prior or contemporaneous requests or appeals by the 1705
person making the request or taking the appeal; (C) the nature, content, 1706
language or subject matter of other verbal and written communications 1707
to any agency or any official of any agency from the person making the 1708
request or taking the appeal; (D) any history of nonappearance at 1709
commission proceedings or disruption of the commission's 1710
administrative process, including, but not limited to, delaying 1711
commission proceedings; and (E) the refusal to participate in settlement 1712 Substitute Bill No. 426
LCO 54 of 62
conferences conducted by a commission ombudsman in accordance 1713
with the commission's regulations. 1714
(4) Notwithstanding any provision of this subsection, in the case of 1715
an appeal to the commission of a denial by a public agency, the 1716
commission may, upon motion of such agency, confirm the action of the 1717
agency and dismiss the appeal without a hearing if it finds, after 1718
examining the notice of appeal and construing all allegations most 1719
favorably to the appellant, that (A) the agency has not violated the 1720
Freedom of Information Act, or (B) the agency has committed a technical 1721
violation of the Freedom of Information Act that constitutes a harmless 1722
error that does not infringe the appellant's rights under said act. 1723
(5) Notwithstanding any provision of this subsection, in the case of 1724
an appeal to the commission of a denial by a public agency where, after 1725
a hearing, the commission finds the public agency is engaging in a 1726
practice or pattern of conduct that constitutes an obstruction of any right 1727
conferred by the Freedom of Information Act or reckless, wilful or 1728
wanton misconduct with regard to the delay or denial of responses to 1729
requests for public records under said act, the commission may impose 1730
a civil penalty of not less than twenty dollars nor more than five 1731
thousand dollars against a custodian or other official of such public 1732
agency, and order such other relief that the commission, in its discretion, 1733
determines is appropriate to rectify such obstruction or misconduct and 1734
to deter such public agency from violating the Freedom of Information 1735
Act. In case of any failure or refusal to comply with any order issued 1736
under this subdivision, the commission may apply to the superior court 1737
for the judicial district [of New Britain] in which the public agency is 1738
located for an order requiring such public agency to comply with such 1739
order. 1740
(6) Notwithstanding any provision of this subsection, a public agency 1741
may petition the commission for relief from a requester that the public 1742
agency alleges is a vexatious requester. Such petition shall be sworn 1743
under penalty of false statement, as provided in section 53a-157b, and 1744
shall detail the conduct which the agency alleges demonstrates a 1745 Substitute Bill No. 426
LCO 55 of 62
vexatious history of requests, including, but not limited to: (A) The 1746
number of requests filed and the total number of pending requests; (B) 1747
the scope of the requests; (C) the nature, content, language or subject 1748
matter of the requests; (D) the nature, content, language or subject 1749
matter of other oral and written communications to the agency from the 1750
requester; and (E) a pattern of conduct that amounts to an abuse of the 1751
right to access information under the Freedom of Information Act or an 1752
interference with the operation of the agency. Upon receipt of such 1753
petition, the executive director of the commission shall review the 1754
petition and determine whether it warrants a hearing. If the executive 1755
director determines that a hearing is not warranted, the executive 1756
director shall recommend that the commission deny the petition 1757
without a hearing. The commission shall vote at its next regular meeting 1758
after such recommendation to accept or reject such recommendation 1759
and, after such meeting, shall issue a written explanation of the reasons 1760
for such acceptance or rejection. If the executive director determines that 1761
a hearing is warranted, the commission shall serve upon all parties, by 1762
certified or registered mail or electronic transmission, a copy of such 1763
petition together with any other notice or order of the commission. The 1764
commission shall, after due notice to the parties, hear and either grant 1765
or deny the petition not later than one year after its filing. Upon a grant 1766
of such petition, the commission may provide appropriate relief 1767
commensurate with the vexatious conduct, including, but not limited 1768
to, an order that the agency need not comply with future requests from 1769
the vexatious requester for a specified period of time, but not to exceed 1770
one year. Any party aggrieved by the commission's granting of such 1771
petition may apply to the superior court for the judicial district [of New 1772
Britain] in which the public agency is located, not later than fifteen days 1773
after the commission meeting at which such petition was granted, for an 1774
order reversing the commission's decision. 1775
Sec. 34. Subsection (a) of section 51-344a of the general statutes is 1776
repealed and the following is substituted in lieu thereof (Effective October 1777
1, 2024): 1778
(a) Whenever the term "judicial district of Hartford-New Britain" or 1779 Substitute Bill No. 426
LCO 56 of 62
"judicial district of Hartford-New Britain at Hartford" is used or referred 1780
to in the following sections of the general statutes, it shall be deemed to 1781
mean or refer to the judicial district of Hartford on and after September 1782
1, 1998: Sections [1-205, 1-206,] 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-1783
160, 4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-1784
369b, 10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-405k, 12-422, 1785
12-448, 12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-1786
586f, 12-597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-1787
67u, 14-110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41, 1788
16a-5, 17b-60, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, 19a-425, 19a-498, 1789
19a-517, 19a-526, 19a-633, 20-12f, 20-13e, 20-29, 20-40, 20-45, 20-59, 20-1790
73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192, 20-1791
195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307, 20-1792
341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 22-7, 22-228, 22-248, 1793
22-254, 22-320d, 22-326a, 22-344b, 22-386, 22a-6b, 22a-7, 22a-16, 22a-30, 1794
22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119, 22a-1795
180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a-226c, 1796
22a-227, 22a-250, 22a-255l, 22a-276, 22a-310, 22a-342a, 22a-344, 22a-361a, 1797
22a-374, 22a-376, 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-449g, 1798
22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-143j, 29-158, 29-161z, 29-1799
323, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-285, 1800
31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-471a, 36a-494, 1801
36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30, 36b-1802
50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139, 38a-1803
140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241, 38a-1804
337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817, 38a-1805
843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p, 42-1806
182, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-1807
392d and 54-211a. 1808
Sec. 35. Section 51-14 of the general statutes is repealed and the 1809
following is substituted in lieu thereof (Effective October 1, 2024): 1810
(a) The judges of the Supreme Court, the judges of the Appellate 1811
Court, and the judges of the Superior Court shall adopt and promulgate 1812
and may from time to time modify or repeal rules and forms regulating 1813 Substitute Bill No. 426
LCO 57 of 62
pleading, practice and procedure in judicial proceedings in courts in 1814
which they have the constitutional authority to make rules, for the 1815
purpose of simplifying proceedings in the courts and of promoting the 1816
speedy and efficient determination of litigation upon its merits. The 1817
rules of the Appellate Court shall be as consistent as feasible with the 1818
rules of the Supreme Court to promote uniformity in the procedure for 1819
the taking of appeals and may dispense, so far as justice to the parties 1820
will permit while affording a fair review, with the necessity of printing 1821
of records and briefs. Such rules shall not abridge, enlarge or modify 1822
any substantive right or the jurisdiction of any of the courts. Such rules 1823
shall become effective on such date as the judges specify but not in any 1824
event until sixty days after such promulgation, except that such rules 1825
may become effective prior to the expiration of the sixty-day time period 1826
if the judges deem that circumstances require that a new rule or a change 1827
to an existing rule be adopted expeditiously. 1828
[(b) All statutes relating to pleading, practice and procedure in 1829
existence on July 1, 1957, shall be deemed to be rules of court and shall 1830
remain in effect as such only until modified, superseded or suspended 1831
by rules adopted and promulgated by the judges of the Supreme Court 1832
or the Superior Court pursuant to the provisions of this section. The 1833
Chief Justice shall report any such rules to the General Assembly for 1834
study at the beginning of each regular session. Such rules shall be 1835
referred by the speaker of the House or by the president of the Senate to 1836
the judiciary committee for its consideration and such committee shall 1837
schedule hearings thereon. Any rule or any part thereof disapproved by 1838
the General Assembly by resolution shall be void and of no effect and a 1839
copy of such resolution shall thereafter be published once in the 1840
Connecticut Law Journal.] 1841
[(c)] (b) The judges or a committee of their number shall hold public 1842
hearings, of which reasonable notice shall be given in the Connecticut 1843
Law Journal and otherwise as they deem proper, upon any proposed 1844
new rule or any change in an existing rule that is to come before said 1845
judges for action, and each such proposed new rule or change in an 1846
existing rule shall be published in the Connecticut Law Journal as a part 1847 Substitute Bill No. 426
LCO 58 of 62
of such notice. A public hearing shall be held at least once a year, of 1848
which reasonable notice shall likewise be given, at which any member 1849
of the bar or layman may bring to the attention of the judges any new 1850
rule or change in an existing rule that he deems desirable. 1851
[(d)] (c) Upon the taking effect of such rules adopted and 1852
promulgated by the judges of the Supreme Court pursuant to the 1853
provisions of this section, all provisions of rules theretofore 1854
promulgated by the judges of the Superior Court shall be deemed to be 1855
repealed. 1856
Sec. 36. Section 52-278b of the general statutes is repealed and the 1857
following is substituted in lieu thereof (Effective October 1, 2024): 1858
Notwithstanding any provision of the general statutes to the 1859
contrary, no prejudgment remedy shall be available to a person in any 1860
action at law or equity (1) unless he has complied with the provisions of 1861
sections 52-278a to 52-278g, inclusive, except an action upon a 1862
commercial transaction wherein the defendant has executed a waiver as 1863
provided in section 52-278f, [or] (2) for the garnishment of earnings as 1864
defined in subdivision (5) of section 52-350a, or (3) for information 1865
compelling disclosure of the names and addresses of clients of an 1866
individual or entity that provides professional services, as defined in 1867
subdivision (20) of section 4e-1, when the disclosure of such names and 1868
addresses would constitute a violation of state or federal law, or the 1869
applicable rules of professional conduct governing such profession, as 1870
the case may be. 1871
Sec. 37. Subsection (a) of section 51-345 of the 2024 supplement to the 1872
general statutes is repealed and the following is substituted in lieu 1873
thereof (Effective July 1, 2024): 1874
(a) Except as provided in section 51-348, as amended by this act, and 1875
subsections (b) to (h), inclusive, of this section, all civil process shall be 1876
made returnable to a judicial district, as follows: 1877
(1) If all of the parties reside outside this state, to the judicial district 1878 Substitute Bill No. 426
LCO 59 of 62
where (A) the injury occurred, (B) the transaction occurred, or (C) the 1879
property is located or lawfully attached. 1880
(2) If the defendant is not a resident, to the judicial district where the 1881
attached property is located. 1882
(3) If either or both the plaintiff or the defendant are residents of, or 1883
have an office or place of business in, this state, to the judicial district 1884
where either the plaintiff or the defendant resides, or has an office or 1885
place of business, except: 1886
(A) If either the plaintiff or the defendant resides in, or has an office 1887
or place of business in, the town of Manchester, East Windsor, South 1888
Windsor or Enfield, the action may be made returnable at the option of 1889
the plaintiff to either the judicial district of Hartford or the judicial 1890
district of Tolland. 1891
(B) If either the plaintiff or the defendant resides in, or has an office 1892
or place of business in, the town of Plymouth, the action may be made 1893
returnable at the option of the plaintiff to either the judicial district of 1894
New Britain or the judicial district of Waterbury. 1895
(C) If either the plaintiff or the defendant resides in, or has an office 1896
or place of business in, the town of Bethany, Milford, West Haven or 1897
Woodbridge, the action may be made returnable at the option of the 1898
plaintiff to either the judicial district of New Haven or the judicial 1899
district of Ansonia-Milford. 1900
(D) If either the plaintiff or the defendant resides in, or has an office 1901
or place of business in, the town of Southbury, the action may be made 1902
returnable at the option of the plaintiff to either the judicial district of 1903
Ansonia-Milford or the judicial district of Waterbury. 1904
(E) If either the plaintiff or the defendant resides in, or has an office 1905
or place of business in, the town of Darien, Greenwich, New Canaan, 1906
Norwalk, Stamford, Weston, Westport or Wilton, the action may be 1907
made returnable at the option of the plaintiff to either the judicial district 1908 Substitute Bill No. 426
LCO 60 of 62
of Stamford-Norwalk or the judicial district of Bridgeport. 1909
(F) If either the plaintiff or the defendant resides in, or has an office 1910
or place of business in, the town of Watertown or Woodbury, the action 1911
may be made returnable at the option of the plaintiff to either the judicial 1912
district of Waterbury or the judicial district of Litchfield. 1913
(G) If either the plaintiff or the defendant resides in, or has an office 1914
or place of business in, the town of Avon, Canton, Farmington or 1915
Simsbury, the action may be made returnable at the option of the 1916
plaintiff to either the judicial district of Hartford or the judicial district 1917
of New Britain. 1918
(H) If either the plaintiff or the defendant resides in, or has an office 1919
or place of business in, the town of Newington, Rocky Hill or 1920
Wethersfield, the action may be made returnable at the option of the 1921
plaintiff to either the judicial district of Hartford or the judicial district 1922
of New Britain, except for actions where venue is in the geographical 1923
area as provided in section 51-348, as amended by this act, or in rules of 1924
court. 1925
(I) If either the plaintiff or the defendant resides in, or has an office or 1926
place of business in, the town of Cromwell, the action may be made 1927
returnable at the option of the plaintiff to either the judicial district of 1928
Hartford or the judicial district of Middlesex. 1929
(J) If either the plaintiff or the defendant resides in, or has an office or 1930
place of business in, the town of New Milford, the action may be made 1931
returnable at the option of the plaintiff to either the judicial district of 1932
Danbury or the judicial district of Litchfield. 1933
(K) If either the plaintiff or the defendant resides in, or has an office 1934
or place of business in, the town of Windham or Ashford, the action may 1935
be made returnable at the option of the plaintiff to either the judicial 1936
district of Windham or the judicial district of Tolland. 1937
Sec. 38. Sections 51-59 and 51-185 of the general statutes are repealed. 1938 Substitute Bill No. 426
LCO 61 of 62
(Effective July 1, 2024) 1939
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 4a-60(a)(1)
Sec. 2 July 1, 2024 14-140(b)
Sec. 3 October 1, 2024 29-38c(c)
Sec. 4 from passage 46b-3(a)
Sec. 5 from passage 46b-123
Sec. 6 from passage 46b-142(a)
Sec. 7 from passage 46b-207
Sec. 8 July 1, 2024 47a-35a
Sec. 9 from passage 47a-69(a)
Sec. 10 from passage 51-27b
Sec. 11 from passage 51-51v
Sec. 12 from passage 51-60(b)
Sec. 13 from passage 51-90c(a)
Sec. 14 from passage 51-90d(a)
Sec. 15 from passage 51-164m
Sec. 16 October 1, 2024 51-193c(d)
Sec. 17 from passage 51-237
Sec. 18 from passage 51-348(a)
Sec. 19 October 1, 2024 54-33a(d)
Sec. 20 July 1, 2024 54-63c
Sec. 21 July 1, 2024 54-91c(b)
Sec. 22 July 1, 2024 54-201
Sec. 23 July 1, 2024 54-203
Sec. 24 July 1, 2024 54-210(a)
Sec. 25 July 1, 2024 54-211
Sec. 26 from passage 1-84(d)
Sec. 27 October 1, 2024 New section
Sec. 28 October 1, 2024 22-329a
Sec. 29 October 1, 2024 22-358
Sec. 30 October 1, 2024 52-380a
Sec. 31 July 1, 2024 51-274
Sec. 32 October 1, 2024 1-205(d)
Sec. 33 October 1, 2024 1-206(b)
Sec. 34 October 1, 2024 51-344a(a)
Sec. 35 October 1, 2024 51-14
Sec. 36 October 1, 2024 52-278b Substitute Bill No. 426
LCO 62 of 62
Sec. 37 July 1, 2024 51-345(a)
Sec. 38 July 1, 2024 Repealer section
Statement of Legislative Commissioners:
In Section 27(a)(4), "subsection (c)" was changed to "subsection (b)" and
in Section 27(g)(9), "45a-479" was changed to "45a-579" for accuracy; in
Section 29(h)(4) and (h)(6), "22-328," was added for internal consistency
and the title was changed.
JUD Joint Favorable Subst.