Substitute Senate Bill No. 426
Public Act No. 24-108
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
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2024):
(1) The contractor agrees and warrants that in the performance of the
contract such contractor will not discriminate or permit discrimination
against any person or group of persons on the grounds of race, color,
religious creed, age, marital status, national origin, ancestry, sex, gender
identity or expression, status as a veteran, status as a victim of domestic
violence, intellectual disability, mental disability or physical disability,
including, but not limited to, blindness, unless it is shown by such
contractor that such disability prevents performance of the work
involved, in any manner prohibited by the laws of the United States or
of the state of Connecticut; and the contractor further agrees to take
affirmative action to ensure that applicants with job-related
qualifications are employed and that employees are treated when
employed without regard to their race, color, religious creed, age,
marital status, national origin, ancestry, sex, gender identity or
expression, status as a veteran, status as a victim of domestic violence, Substitute Senate Bill No. 426
Public Act No. 24-108 2 of 71
intellectual disability, mental disability or physical disability, including,
but not limited to, blindness, unless it is shown by such contractor that
such disability prevents performance of the work involved;
Sec. 2. Subsection (b) of section 14-140 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2024):
(b) If any person so arrested or summoned wilfully fails to appear for
any scheduled court appearance at the time and place assigned, or if any
person charged with an infraction involving the use of a motor vehicle,
or with a motor vehicle violation specified in section 51-164n, wilfully
fails to comply with remote events and deadlines set by the court for
infractions and violations specified in section 51-164n or fails to pay the
fine and any additional fee imposed or send in his plea of not guilty by
the answer date or wilfully fails to appear for any scheduled court
appearance which may be required, or if any person fails to pay any
surcharge imposed under section 13b-70, any fee imposed under section
51-56a or any cost imposed under section 54-143 or 54-143a, a report of
such failure shall be sent to the commissioner by the court having
jurisdiction. The provisions of this section shall be extended to any
nonresident owner or operator of a motor vehicle residing in any state,
the proper authorities of which agree with the commissioner to revoke,
until personal appearance to answer the charge against him, his motor
vehicle registration certificate or operator's license, upon his failure to
appear for any scheduled court appearance. Any infractions or
violations, for which a report of failure to appear has been sent to the
commissioner under this subsection, that have not otherwise been
disposed of shall be dismissed by operation of law seven years after
such report was sent.
Sec. 3. Subsection (c) of section 29-38c of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2024): Substitute Senate Bill No. 426
Public Act No. 24-108 3 of 71
(c) A risk protection order issued under subsection (a) of this section,
may issue only on an affidavit sworn to by the complainant establishing
the grounds for issuing the order. A risk warrant issued under
subsection (a) of this section may issue only on an affidavit sworn to by
the complainant before the judge, either in person or electronically with
simultaneous sight and sound, establishing the grounds for issuing the
warrant. Any such affidavit shall be part of the court file. In determining
whether there is probable cause for a risk protection order and warrant,
if applicable, under subsection (a) of this section, the judge shall
consider: (1) Recent threats or acts of violence by such person directed
toward other persons; (2) recent threats or acts of violence by such
person directed toward such person's self; and (3) recent acts of cruelty
to animals as provided in subsection (b) of section 53-247 by such
person. In evaluating whether such recent threats or acts of violence
constitute probable cause to believe that such person poses a risk of
imminent personal injury to such person's self or to others, the judge
may consider other factors including, but not limited to (A) the reckless
use, display or brandishing of a firearm or other deadly weapon by such
person, (B) a history of the use, attempted use or threatened use of
physical force by such person against other persons, (C) prior
involuntary confinement of such person in a hospital for persons with
psychiatric disabilities, and (D) the illegal use of controlled substances
or abuse of alcohol by such person. In the case of a complaint made
under subsection (a) of this section, if the judge is satisfied that the
grounds for the complaint exist or that there is probable cause to believe
that such grounds exist, such judge shall issue a risk protection order
and warrant, if applicable, naming or describing the person, and, in the
case of the issuance of a warrant, the place or thing to be searched. The
order and warrant, if applicable, shall be directed to any police officer
of a regularly organized police department or any state police officer.
The order and warrant, if applicable, shall state the grounds or probable
cause for issuance and, in the case of a warrant, the warrant shall
command the officer to search within a reasonable time the person, Substitute Senate Bill No. 426
Public Act No. 24-108 4 of 71
place or thing named for any and all firearms and other deadly weapons
and ammunition. A copy of the order and warrant, if applicable, shall
be served upon the person named in the order not later than three days
prior to the hearing scheduled pursuant to subsection (e) of this section,
together with a notice informing the person that such person has the
right to a hearing under this section, the telephone number for the court
clerk who can inform the person of the date and time of such hearing
and the right to be represented by counsel at such hearing.
Sec. 4. Subsection (a) of section 46b-3 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The [judges of the Superior Court] Chief Court Administrator
shall appoint such [domestic relations officers and other] family
relations personnel as [they deem] the Chief Court Administrator deems
necessary for the proper operation of the family relations sessions. The
salaries and duties of such officers shall be determined by the judges of
the Supreme Court in accordance with the compensation plan
established under section 51-12. For the purposes of any investigation
or pretrial conference the judge presiding at any family relations session
may employ the services of any probation officer, including those under
the direction of Adult Probation Services, physician, psychologist,
psychiatrist or family counselor. [Each person serving on July 1, 1978, in
the Court of Common Pleas appointed under the provisions of section
51-156c, revised to 1975, shall continue to serve in the Superior Court. In
no event shall the compensation of such person be affected solely as a
result of the transfer of jurisdiction provided in section 51-164s.] The
Chief Court Administrator may assign, reassign and modify the
assignments of such family relations personnel as [he] such
administrator deems necessary to be in the best interest of the
disposition of family relations matters. [Such family relations personnel
shall also be available to assist the courts of probate in cases involving Substitute Senate Bill No. 426
Public Act No. 24-108 5 of 71
judicial consent to marriage of a minor.]
Sec. 5. Section 46b-123 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
The [judges of the Superior Court, or in the discretion of the Chief
Court Administrator, a committee of said judges designated by the
Chief Court Administrator,] Chief Court Administrator shall appoint
such probation officers, probation aides, clerks, detention personnel,
clerical assistants and other personnel, including supervisory staff, as
[they deem] the Chief Court Administrator deems necessary for the
treatment and handling of juvenile matters within the venue districts
established under section 46b-142, as amended by this act. The Chief
Court Administrator may assign, reassign and modify the assignments
of such personnel and assign such duties within the Superior Court as
[he] the administrator deems necessary for the efficient operation of the
courts. [Any person serving in any such capacity in the Juvenile Court
on July 1, 1978, shall continue to serve in the Superior Court at the
compensation he was receiving in the Juvenile Court under the
compensation plan established pursuant to section 51-12, for the
remainder of any term to which he was appointed. In no event shall the
compensation of any such person be affected solely as a result of the
transfer of jurisdiction in section 51-164s. Any of such appointees] Any
appointee may be discharged by the [appointing authority] Chief Court
Administrator for cause and after hearing. The salaries of each of such
[officials] personnel shall be fixed by the judges of the Supreme Court,
subject to the provisions of section 51-12.
Sec. 6. Subsection (a) of section 46b-142 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The Chief Court Administrator [, in consultation with the judges
of the Superior Court,] shall establish districts for the purpose of Substitute Senate Bill No. 426
Public Act No. 24-108 6 of 71
establishing venue in juvenile matters. All petitions concerning
delinquent children shall be heard within the district where the
delinquency is alleged to have occurred or where the child resides, in
the discretion of the court. All other petitions shall be heard within the
district where the child or youth resided at the time of the filing of the
petition, but for the purposes of this section any child or youth born in
any hospital or institution where the mother is confined at the time of
birth shall be deemed to have residence in the district wherein such
child's or youth's mother was living at the time of her admission to such
hospital or institution.
Sec. 7. Section 46b-207 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
The [court] Chief Court Administrator is authorized to establish and
maintain Support Enforcement Services and such offices thereof as [it
determines are] the administrator deems necessary for the proper
handling of the administrative details incident to proceedings under
sections 46b-231 and 46b-301 to 46b-425, inclusive, and may appoint
such personnel as necessary for the proper administration of the
nonjudicial functions of proceedings under sections 46b-231 and 46b-
301 to 46b-425, inclusive.
Sec. 8. Section 47a-35a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2024):
(a) When any appeal is taken by the defendant occupying a dwelling
unit [as defined in section 47a-1] in an action of summary process, [he
shall, within the period allowed for taking such appeal, give a bond with
surety to the adverse party] the chief clerk of the Appellate Court, or the
chief clerk's designee, shall transmit notice of the pendency of the appeal
to the Superior Court that rendered the judgment that is the subject of
the appeal. Upon receipt of the notice of the pendency of such appeal,
the Superior Court shall schedule and conduct a hearing to guarantee Substitute Senate Bill No. 426
Public Act No. 24-108 7 of 71
payment for all rents that may accrue during the pendency of such
appeal. The Superior Court shall schedule and conduct such hearing not
later than fourteen days after the date of receiving notice of the
pendency of such appeal. After conducting such hearing the Superior
Court may order the defendant to deposit with the court (1) an amount
equal to the defendant's portion of the last-agreed upon rent, or [,] (2)
where no lease had existed, [for] an amount equal to the reasonable
value for such use and occupancy that may so accrue. [; provided the
court shall upon motion by the defendant and after] After hearing
thereon, the court shall order the defendant to deposit with the court
payments for the reasonable fair rental value of the use and occupancy
of the premises during the pendency of such appeal accruing from the
date of such order. Such order shall permit the payment of such amount
in monthly installments, as it becomes due. [, and compliance with such
order shall be a substitute for any bond required by this section.] If all
or a portion of the defendant's rent is being paid to the plaintiff by a
housing authority, municipality, state agency or similar entity, this
requirement shall be satisfied if the defendant deposits with the court
an amount equal to [his] the defendant's portion of the rent.
(b) In any other appeal the court on its own motion or on motion of
the parties, may fix a sufficient bond with surety to the adverse party in
such amount as it may determine.
(c) When any appeal is taken by a plaintiff in an action of summary
process, the court, upon motion of the plaintiff and after a hearing
thereon, shall order the defendant to deposit with the court payments
in monthly installments, as each payment becomes due, for the
reasonable fair rental value of the use and occupancy of the premises
during the pendency of the appeal accruing from the date of such order.
Sec. 9. Subsection (a) of section 47a-69 of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage): Substitute Senate Bill No. 426
Public Act No. 24-108 8 of 71
(a) The [judges of the Superior Court or an authorized committee
thereof] Chief Court Administrator may appoint such housing
mediators as [they deem] the administrator deems necessary for the
purpose of assisting the court in the prompt and efficient hearing of
housing matters within the limit of their appropriation therefor. [Such
judges or such committee] The Chief Court Administrator shall appoint
not less than two such mediators for each of the judicial districts of
Hartford, New Haven and Bridgeport and may designate one of them
in each judicial district as chief housing mediator. [Such judges or
committee] The Chief Court Administrator shall also appoint not less
than three such housing mediators for all other judicial districts. The
housing mediators for the judicial district of New Haven shall assist the
court in the hearing of housing matters in the judicial district of
Waterbury, the housing mediators for the judicial district of Hartford
shall assist the court in the hearing of housing matters in the judicial
district of New Britain and the housing mediators for the judicial district
of Bridgeport shall assist the court in the hearing of housing matters in
the judicial district of Stamford-Norwalk.
Sec. 10. Section 51-27b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
There shall be sufficient offices of the Superior Court for the efficient
operation of the court. The number and location of the offices shall be
designated by the Chief Court Administrator. [, after consultation with
the judges of the Superior Court.]
Sec. 11. Section 51-51v of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The [judges of the Superior Court, at their annual meeting in June,]
Chief Court Administrator shall appoint: (1) Chief clerks for the judicial
districts; (2) deputy chief clerks for those judicial districts designated by
[an authorized committee of the judges] the Chief Court Administrator; Substitute Senate Bill No. 426
Public Act No. 24-108 9 of 71
(3) first assistant clerks for those judicial districts designated by [an
authorized committee of the judges] the Chief Court Administrator; (4)
clerks for the geographical areas; (5) a clerk for the Centralized
Infractions Bureau; and (6) clerks for housing matters, including a chief
clerk for housing matters.
(b) The [judges of the Superior Court or an authorized committee
thereof] Chief Court Administrator shall appoint, as [is deemed] the
administrator deems necessary for the efficient operation of the courts,
(1) assistant clerks for judicial districts and geographical areas, and (2)
deputy clerks for those geographical areas designated by the [judges of
the Superior Court or an authorized committee thereof] Chief Court
Administrator.
(c) A [judge holding a session] chief clerk for a judicial district of the
Superior Court or such clerk's designee may, if [he] such clerk deems it
necessary, appoint a temporary assistant clerk or clerks for the Superior
Court. A temporary assistant clerk shall hold office for such time as is
deemed necessary for the convenient conduct of the business of the
court in which [he] such clerk was appointed and may at any time be
discharged by the [order of the senior acting judge holding court in]
chief clerk of the judicial district for which [he] such clerk was
appointed.
(d) The [judges of the Superior Court or an authorized committee of
Superior Court judges] Chief Court Administrator may, in [their] the
administrator's discretion, appoint such administrative and clerical
personnel as the business of the court requires.
(e) The [judges or an authorized committee thereof] Chief Court
Administrator may fill any vacancy which may occur in the clerks'
offices.
(f) The Chief Court Administrator may assign, reassign or modify the Substitute Senate Bill No. 426
Public Act No. 24-108 10 of 71
assignment of such clerical personnel as [he] the administrator deems
necessary for the efficient operation of the courts.
(g) Whenever the word "clerk" is used in the general statutes to mean
the clerk of the Superior Court, it shall, except with respect to
compensation, be construed to include any chief clerk, deputy chief
clerk, deputy clerk, assistant clerk of the court and the clerk of the
Centralized Infractions Bureau unless the context otherwise requires.
Sec. 12. Subsection (b) of section 51-60 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) The [judges of the Superior Court] Chief Court Administrator
shall appoint official court reporters for the court as the [judges or an
authorized committee thereof] administrator determines the business of
the court requires.
Sec. 13. Subsection (a) of section 51-90c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The [judges of the Superior Court] Chief Court Administrator
shall appoint an attorney to act as State-Wide Bar Counsel, who shall
serve full-time, and such number of attorneys to act as assistant bar
counsel as are necessary. [, for a term of one year commencing July first.]
Any vacancy in the position of State-Wide Bar Counsel or assistant bar
counsel shall be filled by the [executive committee of the Superior Court
which shall appoint an attorney for the unexpired portion of the term]
Chief Court Administrator. Compensation of the State-Wide Bar
Counsel and assistant bar counsel shall be established by, and paid from
funds appropriated to, the Judicial Department.
Sec. 14. Subsection (a) of section 51-90d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from Substitute Senate Bill No. 426
Public Act No. 24-108 11 of 71
passage):
(a) The [judges of the Superior Court] Chief Court Administrator
shall appoint attorneys to serve as grievance counsel for grievance
panels and shall appoint one or more investigators. The investigators
shall be under the supervision of the State-Wide Bar Counsel and shall
serve the State-Wide Grievance Committee, the reviewing
subcommittees of the State-Wide Grievance Committee and the
grievance panels. [Grievance counsel and investigators shall serve for a
term of one year commencing July first. Any vacancy in the position of
grievance counsel or investigator shall be filled by the executive
committee of the Superior Court for the unexpired portion of the term.]
Compensation of the grievance counsel and investigator shall be
established by, and paid from funds appropriated to, the Judicial
Department. [Such appointees may be placed on the Judicial
Department payroll or be paid on a contractual basis.]
Sec. 15. Section 51-164m of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The [judges of the Superior Court] Chief Court Administrator
shall establish and maintain a schedule of fines to be paid for the
violation of the sections of the general statutes deemed to be infractions.
The [judges of the Superior Court] Chief Court Administrator shall
establish and maintain a separate sliding scale of fines for speeding
infractions committed under section 14-219 with a minimum fine of fifty
dollars and the fine increasing in proportion to the severity of the
violation. The fines may be modified as the [judges of the Superior Court
deem] Chief Court Administrator deems advisable.
(b) The [judges of the Superior Court] Chief Court Administrator
shall establish and maintain a schedule of fines to be paid for those
violations of section 14-219 specified in subsection (e) of said section,
with such fines increasing in proportion to the severity of the violation Substitute Senate Bill No. 426
Public Act No. 24-108 12 of 71
and for violations under subsection (b) of section 51-164n. The fines may
be modified as the [judges of the Superior Court deem] Chief Court
Administrator deems advisable.
(c) (1) Except as provided in subdivision (2) of this subsection, no fine
established in accordance with the provisions of subsection (a) of this
section may be less than thirty-five dollars or more than ninety dollars.
(2) No fine established in accordance with the provisions of
subsection (a) of this section for a violation of any provision of title 14
deemed an infraction may be less than fifty dollars or more than ninety
dollars, except that fines established for parking tag violations may be
less than fifty dollars.
(d) No fine established in accordance with the provisions of
subsection (b) of this section may be in an amount in excess of the
maximum amount specified by statute for such violation.
(e) Any infraction for which a fine has not been established pursuant
to the provisions of subsection (a) of this section shall carry a fine of
thirty-five dollars or, if the infraction is for a violation of any provision
of title 14, fifty dollars, until such time as the [judges of the Superior
Court] Chief Court Administrator may establish a different fine for such
infraction.
(f) Any violation for which a fine has not been established pursuant
to subsection (b) of this section shall carry a fine of one hundred dollars
or the maximum fine specified by statute for such violation, whichever
is less.
Sec. 16. Subsection (d) of section 51-193c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(d) Any notice, order, judgment, decision, decree, memorandum, Substitute Senate Bill No. 426
Public Act No. 24-108 13 of 71
ruling, opinion, mittimus, warrant and any form related to such
warrant, affidavit, finding or similar document that is issued by the
Superior Court or by a judge, judge trial referee or family support
magistrate thereof, by a magistrate appointed pursuant to section 51-
193l or by a commissioner of the Superior Court approved by the Chief
Court Administrator to hear small claims pursuant to section 52-549d,
may be signed or verified by computer or facsimile transmission or by
employing other technology in accordance with procedures and
technical standards, if any, established by the Office of the Chief Court
Administrator, and such notice, order, judgment, decision, decree,
memorandum, ruling, opinion, mittimus, warrant and any form related
to such warrant, affidavit, finding or similar document shall have the
same validity and status as a paper document that was signed or
verified by the Superior Court or by a judge, judge trial referee or family
support magistrate thereof, by a magistrate appointed pursuant to
section 51-193l or by a commissioner of the Superior Court approved by
the Chief Court Administrator to hear small claims pursuant to section
52-549d.
Sec. 17. Section 51-237 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Each juror, duly chosen, drawn and summoned, who fails to appear
shall be subject to a civil penalty, the amount of which shall be
established by the [judges of the Superior Court] Chief Court
Administrator, but the court may excuse such juror from the payment
thereof. If a sufficient number of the jurors summoned do not appear, or
if for any cause there is not a sufficient number of jurors to make up the
panel, the court may order such number of persons who qualify for jury
service under section 51-217 to be summoned as may be necessary, as
talesmen, and any talesman so summoned who makes default of
appearance without sufficient cause shall be subject to a civil penalty,
the amount of which shall be established by the [judges of the Superior Substitute Senate Bill No. 426
Public Act No. 24-108 14 of 71
Court] Chief Court Administrator. The provisions of this section shall
be enforced by the Attorney General within available appropriations.
Sec. 18. Subsection (a) of section 51-348 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The geographical areas of the Court of Common Pleas established
pursuant to section 51-156a, revised to 1975, shall be the geographical
areas of the Superior Court on July 1, 1978. The Chief Court
Administrator [, after consultation with the judges of the Superior
Court,] may alter the boundary of any geographical area to provide for
a new geographical area provided [that] each geographical area so
altered or so authorized shall remain solely within the boundary of a
single judicial district.
Sec. 19. Subsection (d) of section 54-33a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(d) A warrant may issue only on affidavit sworn to by the
complainant or complainants before the judge or judge trial referee,
either in person or electronically with simultaneous sight and sound,
and establishing the grounds for issuing the warrant, which affidavit
shall be part of the arrest file. If the judge or judge trial referee is satisfied
that grounds for the application exist or that there is probable cause to
believe that grounds for the application exist, the judge or judge trial
referee shall issue a warrant identifying the property and naming or
describing the person, place or thing to be searched or authorizing the
installation and use of a tracking device and identifying the person on
which or the property to, in or on which the tracking device is to be
installed. The warrant shall be directed to any police officer of a
regularly organized police department or any state police officer, to an
inspector in the Division of Criminal Justice, to a conservation officer, Substitute Senate Bill No. 426
Public Act No. 24-108 15 of 71
special conservation officer or patrolman acting pursuant to section 26-
6 or to a sworn motor vehicle inspector acting under the authority of
section 14-8. Except for a warrant for the installation and use of a
tracking device, the warrant shall state the date and time of its issuance
and the grounds or probable cause for its issuance and shall command
the officer to search within a reasonable time the person, place or thing
named, for the property specified. A warrant for the installation and use
of a tracking device shall state the date and time of its issuance and the
grounds or probable cause for its issuance and shall command the
officer to complete the installation of the device within a specified
period not later than ten days after the date of its issuance and authorize
the installation and use of the tracking device, including the collection
of data through such tracking device, for a reasonable period of time not
to exceed thirty days from the date the tracking device is installed. Upon
request and a showing of good cause, a judge or judge trial referee may
authorize the use of the tracking device for an additional period of thirty
days.
Sec. 20. Section 54-63c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2024):
(a) Except in cases of arrest pursuant to a bench warrant of arrest in
which the court or a judge thereof has indicated that bail should be
denied or ordered that the officer or indifferent person making such
arrest shall, without undue delay, bring such person before the clerk or
assistant clerk of the superior court for the geographical area under
section 54-2a, when any person is arrested for a bailable offense, the
chief of police, or the chief's authorized designee, of the police
department having custody of the arrested person or any probation
officer serving a violation of probation warrant shall promptly advise
such person of the person's rights under section 54-1b, and of the
person's right to be interviewed concerning the terms and conditions of
release. Unless the arrested person waives or refuses such interview, the Substitute Senate Bill No. 426
Public Act No. 24-108 16 of 71
police officer or probation officer shall promptly interview the arrested
person to obtain information relevant to the terms and conditions of the
person's release from custody, and shall seek independent verification
of such information where necessary. At the request of the arrested
person, the person's counsel may be present during the interview. No
statement made by the arrested person in response to any question
during the interview related to the terms and conditions of release shall
be admissible as evidence against the arrested person in any proceeding
arising from the incident for which the conditions of release were set.
After such a waiver, refusal or interview, the police officer or probation
officer shall promptly order release of the arrested person upon the
execution of a written promise to appear or the posting of such bond as
may be set by the police officer or probation officer, except that no
condition of release set by the court or a judge thereof may be modified
by such officers and no person shall be released upon the execution of a
written promise to appear or the posting of a bond without surety if the
person is charged with the commission of a family violence crime, as
defined in section 46b-38a, and in the commission of such crime the
person used or threatened the use of a firearm.
(b) If the person is charged with the commission of a family violence
crime, as defined in section 46b-38a, and the police officer does not
intend to impose nonfinancial conditions of release pursuant to this
subsection, the police officer shall, pursuant to the procedure set forth
in subsection (a) of this section, promptly order the release of such
person upon the execution of a written promise to appear or the posting
of such bond as may be set by the police officer. If such person is not so
released, the police officer shall make reasonable efforts to immediately
contact a bail commissioner or an intake, assessment and referral
specialist employed by the Judicial Branch to set the conditions of such
person's release pursuant to section 54-63d. If, after making such
reasonable efforts, the police officer is unable to contact a bail
commissioner or an intake, assessment and referral specialist or contacts Substitute Senate Bill No. 426
Public Act No. 24-108 17 of 71
a bail commissioner or an intake, assessment and referral specialist but
such bail commissioner or intake, assessment and referral specialist is
unavailable to promptly perform such bail commissioner's or intake,
assessment and referral specialist's duties pursuant to section 54-63d,
the police officer shall, pursuant to the procedure set forth in subsection
(a) of this section, order the release of such person upon the execution
of a written promise to appear or the posting of such bond as may be set
by the police officer and may impose nonfinancial conditions of release
which may require that the arrested person do one or more of the
following: (1) Avoid all contact with the alleged victim of the crime, (2)
comply with specified restrictions on the person's travel, association or
place of abode that are directly related to the protection of the alleged
victim of the crime, or (3) not use or possess a dangerous weapon,
intoxicant or controlled substance. Any such nonfinancial conditions of
release shall be indicated on a form prescribed by the Judicial Branch
and sworn to by the police officer. Such form shall articulate (A) the
efforts that were made to contact a bail commissioner or an intake,
assessment and referral specialist, (B) the specific factual basis relied
upon by the police officer to impose the nonfinancial conditions of
release, and (C) if the arrested person was non-English-speaking, that
the services of a translation service or interpreter were used. A copy of
that portion of the form that indicates the nonfinancial conditions of
release shall immediately be provided to the arrested person. A copy of
the entire form shall be provided to counsel for the arrested person at
arraignment. Any nonfinancial conditions of release imposed pursuant
to this subsection shall remain in effect until the arrested person is
presented before the Superior Court pursuant to subsection (a) of
section 54-1g. On such date, the court shall conduct a hearing pursuant
to section 46b-38c at which the defendant is entitled to be heard with
respect to the issuance of a protective order.
(c) Notwithstanding the provisions of chapter 14 and this chapter, the
police officer shall provide to the bail commissioner or the intake Substitute Senate Bill No. 426
Public Act No. 24-108 18 of 71
assessment and referral specialist identifying information about the
victim of the crime or crimes with which the arrested person is charged,
including, but not limited to, the victim's name, address and phone
number, if available, for the purpose of carrying out such bail
commissioner's or intake assessment and referral specialist's duties.
[(c)] (d) When cash bail in excess of ten thousand dollars is received
for a detained person accused of a felony, where the underlying facts
and circumstances of the felony involve the use, attempted use or
threatened use of physical force against another person, the police
officer shall prepare a report that contains (1) the name, address and
taxpayer identification number of the accused person, (2) the name,
address and taxpayer identification number of each person offering the
cash bail, other than a person licensed as a professional bondsman
under chapter 533 or a surety bail bond agent under chapter 700f, (3) the
amount of cash received, and (4) the date the cash was received. Not
later than fifteen days after receipt of such cash bail, the police officer
shall file the report with the Department of Revenue Services and mail
a copy of the report to the state's attorney for the judicial district in
which the alleged offense was committed and to each person offering
the cash bail.
[(d)] (e) No police officer or probation officer serving a violation of
probation warrant shall set the terms and conditions of a person's
release, set a bond for a person or release a person from custody under
this section unless the police officer or probation officer has first checked
the National Crime Information Center [(NCIC)] computerized index of
criminal justice information to determine if such person is listed in such
index.
[(e)] (f) If the arrested person has not posted bail, the police officer or
probation officer serving a violation of probation warrant shall
immediately notify a bail commissioner or an intake, assessment and
referral specialist. Substitute Senate Bill No. 426
Public Act No. 24-108 19 of 71
[(f)] (g) The chief, acting chief, superintendent of police, the
Commissioner of Emergency Services and Public Protection, any
captain or lieutenant of any local police department or the Division of
State Police within the Department of Emergency Services and Public
Protection or any person lawfully exercising the powers of any such
officer may take a written promise to appear or a bond with or without
surety from an arrested person as provided in subsection (a) of this
section, or as fixed by the court or any judge thereof, may administer
such oaths as are necessary in the taking of promises or bonds and shall
file any report required under subsection [(c)] (d) of this section.
Sec. 21. Subsection (b) of section 54-91c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2024):
(b) Prior to the imposition of sentence upon any defendant who has
been found guilty of any crime or has pleaded guilty or nolo contendere
to any crime, and prior to the acceptance by the court of a plea of guilty
or nolo contendere made pursuant to a plea agreement with the state,
[wherein the defendant pleads to a lesser offense than the offense with
which such defendant was originally charged,] the court shall permit
any victim of the crime to appear before the court for the purpose of
making a statement for the record, which statement may include the
victim's opinion of any plea agreement. In lieu of such appearance, the
victim may submit a written statement or, if the victim of the crime is
deceased, the legal representative or a member of the immediate family
of such deceased victim may submit a statement of such deceased victim
to the state's attorney, assistant state's attorney or deputy assistant
state's attorney in charge of the case. Such state's attorney, assistant
state's attorney or deputy assistant state's attorney shall file the
statement with the sentencing court and the statement shall be made a
part of the record at the sentencing hearing. Any such statement,
whether oral or written, shall relate to the facts of the case, the Substitute Senate Bill No. 426
Public Act No. 24-108 20 of 71
appropriateness of any penalty and the extent of any injuries, financial
losses and loss of earnings directly resulting from the crime for which
the defendant is being sentenced. The court shall inquire on the record
whether any victim is present for the purpose of making an oral
statement or has submitted a written statement. If no victim is present
and no such written statement has been submitted, the court shall
inquire on the record whether an attempt has been made to notify any
such victim as provided in subdivision (1) of subsection (c) of this
section or, if the defendant was originally charged with a violation of
section 53a-167c for assaulting a peace officer, whether the peace officer
has been personally notified as provided in subdivision (2) of subsection
(c) of this section. After consideration of any such statements, the court
may refuse to accept, where appropriate, a negotiated plea or sentence,
and the court shall give the defendant an opportunity to enter a new
plea and to elect trial by jury or by the court.
Sec. 22. Section 54-201 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2024):
As used in sections 54-201 to 54-235, inclusive, as amended by this
act:
(1) "Victim" means a person who is injured or killed as provided in
section 54-209;
(2) "Personal injury" means (A) actual bodily harm or emotional harm
and includes pregnancy and any condition thereof, or (B) injury or death
to a service animal owned or kept by a person with a disability;
(3) "Dependent" means any relative of a deceased victim or a person
designated by a deceased victim in accordance with section 1-56r who
was wholly or partially dependent upon his income at the time of his
death or the child of a deceased victim and shall include the child of
such victim born after his death; Substitute Senate Bill No. 426
Public Act No. 24-108 21 of 71
(4) "Relative" means a person's spouse, parent, grandparent,
stepparent, aunt, uncle, niece, nephew, child, including a natural born
child, stepchild and adopted child, grandchild, brother, sister, half
brother or half sister or a parent of a person's spouse;
(5) "Crime" means any act which is a felony, as defined in section 53a-
25, or misdemeanor, as defined in section 53a-26, and includes any crime
committed by a juvenile; and
(6) "Emotional harm" means a mental or emotional impairment that
[requires treatment through services and that] is directly attributable to
a threat of (A) physical injury, as defined in subdivision (3) of section
53a-3, or (B) death to the affected person.
Sec. 23. Section 54-203 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2024):
(a) There is established an Office of Victim Services within the Judicial
Department.
(b) The Office of Victim Services shall have the following powers and
duties:
(1) To direct each hospital, whether public or private, each university
or college health services center, whether public or private, and each
community health center, as defined in section 19a-490a, to prominently
display posters in a conspicuous location giving notice of the availability
of compensation and assistance to victims of crime or their dependents
pursuant to sections 54-201 to 54-218, inclusive, as amended by this act,
and to direct every law enforcement agency of the state to inform
victims of crime or their dependents of their rights pursuant to sections
54-201 to 54-218, inclusive, as amended by this act;
(2) To obtain from the office of the state's attorney, state police, local
police departments or any law enforcement agency such investigation Substitute Senate Bill No. 426
Public Act No. 24-108 22 of 71
and data as will enable the Office of Victim Services to determine if in
fact the applicant was a victim of a crime or attempted crime and the
extent, if any, to which the victim or claimant was responsible for his
own injury, including, but not limited to, a request for information form
promulgated by the Office of Victim Services;
(3) To request from the Department of Correction, other units of the
Judicial Department and the Board of Pardons and Paroles such
information as will enable the Office of Victim Services to determine if
in fact a person who has requested notification pursuant to section 54-
228 was a victim of a crime;
(4) To take or cause to be taken affidavits or depositions within or
without the state;
(5) To apply for, receive, allocate, disburse and account for grants of
funds made available by the United States, by the state, foundations,
corporations and other businesses, agencies or individuals to implement
a program for victim services which shall assist witnesses and victims
of crimes as the Office of Victim Services deems appropriate within the
resources available and to coordinate services to victims by state and
community-based agencies, with priority given to victims of violent
crimes, by (A) assigning such victim advocates as are necessary to
provide assistance; (B) administering victim service programs; and (C)
awarding grants or purchase of service contracts to private nonprofit
organizations or local units of government for the direct delivery of
services, except that the provision of training and technical assistance of
victim service providers and the development and implementation of
public education campaigns may be provided by private nonprofit or
for-profit organizations or local units of government. Such grants and
contracts shall be the predominant method by which the Office of
Victim Services shall develop, implement and operate direct service
programs and provide training and technical assistance to victim service
providers; Substitute Senate Bill No. 426
Public Act No. 24-108 23 of 71
(6) To provide each person who applies for compensation pursuant
to section 54-204, within ten days of the date of receipt of such
application, with a written list of rights of victims of crime involving
personal injury and the programs available in this state to assist such
victims. The Office of Victim Services, the state or any agent, employee
or officer thereof shall not be liable for the failure to supply such list or
any alleged inadequacies of such list. Such list shall include, but not be
limited to:
(A) Subject to the provisions of sections 18-81e and 51-286e, the victim
shall have the right to be informed concerning the status of his or her
case and to be informed of the release from custody of the defendant;
(B) Subject to the provisions of section 54-91c, as amended by this act,
the victim shall have the right to present a statement of his or her losses,
injuries and wishes to the prosecutor and the court prior to the
acceptance by the court of a plea of guilty or nolo contendere made
pursuant to a plea agreement with the state wherein the defendant
pleads to a lesser offense than the offense with which the defendant was
originally charged;
(C) Subject to the provisions of section 54-91c, as amended by this act,
prior to the imposition of sentence upon the defendant, the victim shall
have the right to submit a statement to the prosecutor as to the extent of
any injuries, financial losses and loss of earnings directly resulting from
the crime. Upon receipt of the statement, the prosecutor shall file the
statement with the sentencing court and the statement shall be made a
part of the record and considered by the court at the sentencing hearing;
(D) Subject to the provisions of section 54-126a, the victim shall have
the right to appear before a panel of the Board of Pardons and Paroles
and make a statement as to whether the defendant should be released
on parole and any terms or conditions to be imposed upon any such
release; Substitute Senate Bill No. 426
Public Act No. 24-108 24 of 71
(E) Subject to the provisions of section 54-36a, the victim shall have
the right to have any property the victim owns which was seized by
police in connection with an arrest to be returned;
(F) Subject to the provisions of sections 54-56e and 54-142c, the victim
shall have the right to be notified of the application by the defendant for
the pretrial program for accelerated rehabilitation and to obtain from
the court information as to whether the criminal prosecution in the case
has been dismissed;
(G) Subject to the provisions of section 54-85b, the victim cannot be
fired, harassed or otherwise retaliated against by an employer for
appearing under a subpoena as a witness in any criminal prosecution;
(H) Subject to the provisions of section 54-86g, the parent or legal
guardian of a child twelve years of age or younger who is a victim of
child abuse or sexual assault may request special procedural
considerations to be taken during the testimony of the child;
(I) Subject to the provisions of section 46b-15, the victim of assault by
a spouse or former spouse, family or household member has the right
to request the arrest of the offender, request a protective order and apply
for a restraining order;
(J) Subject to the provisions of sections 52-146k, 54-86e and 54-86f, the
victim of sexual assault or domestic violence can expect certain records
to remain confidential; and
(K) Subject to the provisions of section 53a-32, the victim and any
victim advocate assigned to assist the victim may receive notification
from a probation officer whenever the officer has notified a police officer
that the probation officer has probable cause to believe that the offender
has violated a condition of such offender's probation;
(7) Within available appropriations, to maintain a victim's assistance Substitute Senate Bill No. 426
Public Act No. 24-108 25 of 71
center which shall (A) make available to victims information regarding
victim's rights and available services, (B) maintain a victims' notification
system pursuant to sections 54-227 to 54-230a, inclusive, and 54-235, and
(C) maintain a toll-free number for access to information regarding
victims' rights and available services;
(8) To provide a telephone helpline that shall provide information on
referrals for various services for victims of crime and their families;
(9) To provide staff services to a state advisory council. The council
shall consist of not more than [fifteen] twenty members to be appointed
by the Chief Justice and shall include the Chief Victim Compensation
Commissioner and members who represent victim populations,
including but not limited to, homicide survivors, family violence
victims, sexual assault victims, victims of gun violence, victims of drunk
drivers, and assault and robbery victims, and members who represent
the judicial branch and executive branch agencies involved with victims
of crime. The members shall serve for terms of four years. Any vacancy
in the membership shall be filled by the appointing authority for the
balance of the unexpired term. The members shall receive no
compensation for their services. The council shall meet at least four
times a year. The council shall recommend to the Office of Victim
Services program, legislative or other matters which would improve
services to victims of crime and develop and coordinate needs
assessments for both court-based and community-based victim services.
The Chief Justice shall appoint two members to serve as cochairpersons.
Not later than December fifteenth of each year, the council shall report
the results of its findings and activities to the Chief Court Administrator;
(10) To utilize such voluntary and uncompensated services of private
individuals, agencies and organizations as may from time to time be
offered and needed;
(11) To recommend policies and make recommendations to agencies Substitute Senate Bill No. 426
Public Act No. 24-108 26 of 71
and officers of the state and local subdivisions of government relative to
victims of crime;
(12) To provide support and assistance to state-wide victim services
coalitions and groups;
(13) To provide a training program for judges, prosecutors, police,
probation and parole personnel, bail commissioners, intake, assessment
and referral specialists, officers from the Department of Correction and
judicial marshals to inform them of victims' rights and available
services;
(14) To (A) maintain, within available appropriations, a sexual assault
forensic examiners program that will train and make available sexual
assault forensic examiners to adolescent and adult victims of sexual
assault who are patients at participating health care facilities. In order
to maintain such program, the Office of Victim Services may apply for,
receive, allocate, disburse and account for grants of funds made
available by the United States, the state, foundations, corporations and
other businesses, agencies or individuals; or (B) establish, within
available appropriations, a training program for health care
professionals on the care of and collection of evidence from adolescent
and adult victims of sexual assault;
(15) To provide victims of crime and the general public with
information detailing the process by which a victim may register to
receive notices of hearings of the Board of Pardons and Paroles; and
(16) To submit to the joint standing committee of the General
Assembly having cognizance of matters relating to [victim services] the
judiciary, in accordance with the provisions of section 11-4a, on or
before January 15, 2000, and biennially thereafter a report of its activities
under sections 54-201 to 54-235, inclusive, as amended by this act.
Sec. 24. Subsection (a) of section 54-210 of the general statutes is Substitute Senate Bill No. 426
Public Act No. 24-108 27 of 71
repealed and the following is substituted in lieu thereof (Effective July 1,
2024):
(a) The Office of Victim Services or a victim compensation
commissioner may order the payment of compensation under sections
54-201 to 54-218, inclusive, as amended by this act, for: (1) Expenses
actually and reasonably incurred as a result of the personal injury or
death of the victim, provided coverage for the cost of medical care and
treatment of a crime victim who does not have medical insurance or
who has exhausted coverage under applicable health insurance policies
or Medicaid shall be ordered; (2) loss of earning power as a result of total
or partial incapacity of such victim; (3) pecuniary loss to the spouse or
dependents of the deceased victim, provided the family qualifies for
compensation as a result of murder or manslaughter of the victim; (4)
pecuniary loss to an injured victim or the relatives or dependents of an
injured victim or a deceased victim for attendance at court proceedings,
juvenile proceedings, Psychiatric Security Review Board hearings and
Board of Pardons and Parole hearings with respect to the criminal case
of the person or persons charged with committing the crime that
resulted in the injury or death of the victim; (5) loss of wages by any
parent or guardian of a deceased victim, provided the amount paid
under this subsection shall not exceed one week's net wage; and (6) any
other loss, except as set forth in section 54-211, as amended by this act,
resulting from the personal injury or death of the victim which the
Office of Victim Services or a victim compensation commissioner, as the
case may be, determines to be reasonable.
Sec. 25. Section 54-211 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2024):
(a) (1) No order for the payment of compensation shall be made
under section 54-210, as amended by this act, unless (A) the application
has been made within [two] three years after the date of the personal
injury or death, (B) the personal injury or death was the result of an Substitute Senate Bill No. 426
Public Act No. 24-108 28 of 71
incident or offense listed in section 54-209, and (C) such incident or
offense has been reported to the police, [within five days of its
occurrence or, if the incident or offense could not reasonably have been
reported within such period, within five days of the time when a report
could reasonably have been made,] except that a victim of a sexual
assault shall not be ineligible for the payment of compensation by
reason of failing to make a report pursuant to this subparagraph if such
victim presented himself or herself to a health care facility within one
hundred twenty hours of such sexual assault for examination and
collection of evidence of such sexual assault in accordance with the
provisions of section 19a-112a, or if such victim complied with
subsection (d) of section 54-209. (2) Notwithstanding the provisions of
subdivision (1) of this subsection, any person who, before, on or after
October 1, 2005, fails to make application for compensation within [two]
three years after the date of the personal injury or death as a result of
physical, emotional or psychological injuries caused by such personal
injury or death may apply for a waiver of such time limitation. The
Office of Victim Services, upon a finding of such physical, emotional or
psychological injury, may grant such waiver. (3) Notwithstanding the
provisions of subdivision (1) of this subsection, any minor, including,
but not limited to, a minor who is a victim of conduct by another person
that constitutes a violation of section 53a-192a or a criminal violation of
18 USC Chapter 77, who, before, on or after October 1, 2005, fails to make
application for compensation within [two] three years after the date of
the personal injury or death through no fault of the minor, may apply
for a waiver of such time limitation. The Office of Victim Services, upon
a finding that such minor is not at fault, may grant such waiver. (4)
Notwithstanding the provisions of subdivision (1) of this subsection, a
person who is a dependent of a victim may make application for
payment of compensation not later than [two] three years from the date
that such person discovers or in the exercise of reasonable care should
have discovered that the person upon whom the applicant was
dependent was a victim. Such person shall file with such application a Substitute Senate Bill No. 426
Public Act No. 24-108 29 of 71
statement signed under penalty of false statement setting forth the date
when such person discovered that the person upon whom the applicant
was dependent was a victim and the circumstances that prevented such
person discovering that the person upon whom the applicant was
dependent was a victim until more than [two] three years after the date
of the incident or offense. There shall be a rebuttable presumption that
a person who files such a statement and is otherwise eligible for
compensation pursuant to sections 54-201 to 54-218, inclusive, as
amended by this act, is entitled to compensation. (5) Any waiver denied
by the Office of Victim Services under this subsection may be reviewed
by a victim compensation commissioner, provided such request for
review is made by the applicant within thirty days from the mailing of
the notice of denial by the Office of Victim Services. If a victim
compensation commissioner grants such waiver, the commissioner
shall refer the application for compensation to the Office of Victim
Services for a determination pursuant to section 54-205. (6)
Notwithstanding the provisions of subdivision (1), (2) or (3) of this
subsection, the Office of Victim Services may, for good cause shown and
upon a finding of compelling equitable circumstances, waive the time
limitations of subdivision (1) of this subsection.
(b) No compensation shall be awarded if: (1) The offender is unjustly
enriched by the award, provided compensation awarded to a victim
which would benefit the offender in a minimal or inconsequential
manner shall not be considered unjust enrichment; (2) the victim
violated a penal law of this state, which violation caused or contributed
to [his] such victim's injuries or death.
(c) Except as provided in subsection (d) of this section, no
compensation shall be awarded for losses sustained for crimes against
property or for noneconomic detriment such as pain and suffering.
(d) (1) [No compensation shall be in an amount in excess of fifteen
thousand dollars for personal injury except that:] (A) Compensation for Substitute Senate Bill No. 426
Public Act No. 24-108 30 of 71
personal injury shall be in an amount not to exceed fifteen thousand
dollars; (B) compensation to or for the benefit of the dependents of a
homicide victim shall be in an amount not to exceed twenty-five
thousand dollars; [(B)] (C) the claims of the dependents of a deceased
victim, as provided in section 54-208, shall be considered derivative of
the claim of such victim and the total compensation paid for all claims
arising from the death of such victim shall not exceed a maximum of
twenty-five thousand dollars; and [(C)] (D) in cases of emotional harm
only, compensation for medical and mental health care and security
measures shall be in an amount not to exceed five thousand dollars.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, the Office of Victim Services or a victim compensation
commissioner may award additional compensation in an amount not to
exceed five thousand dollars above the maximum amounts set forth in
said subdivision to a personal injury victim, who is a minor at the time
the application for compensation or restitution services is filed, when
such victim has additional medical needs or mental health counseling
needs.
(3) Notwithstanding the provisions of subdivision (1) of this
subsection, the Office of Victim Services or a victim compensation
commissioner may, for good cause shown and upon a finding of
compelling equitable circumstances, award compensation in an amount
in excess of the maximum amounts set forth in said subdivision.
(e) Orders for payment of compensation pursuant to sections 54-201
to 54-218, inclusive, as amended by this act, may be made only as to
injuries or death resulting from incidents or offenses arising on and after
January 1, 1979, except that orders for payment of compensation
pursuant to subsection (b) of section 54-209 may be made only as to
injuries or death resulting from incidents or offenses arising on and after
July 1, 1985. Substitute Senate Bill No. 426
Public Act No. 24-108 31 of 71
(f) Compensation shall be awarded pursuant to sections 54-201 to 54-
218, inclusive, as amended by this act, for personal injury or death
resulting from a crime which occurs (1) within this state, regardless of
the residency of the applicant; (2) outside this state but within the
territorial boundaries of the United States, provided the victim, at the
time of injury or death, was a resident of this state and the state in which
such crime occurred does not have a program for compensation of
victims for which such victim is eligible; (3) outside the territorial
boundaries of the United States, provided the victim was a resident of
this state at the time of injury or death, the crime would be considered a
crime within the State of Connecticut, and the country in which such
crime occurred does not have a program for compensation of victims for
which such victim is eligible; and (4) outside the territorial boundaries
of the United States, provided the applicant is a victim of international
terrorism, as defined in 18 USC 2331, as amended from time to time, and
was a resident of this state at the time of injury or death.
Sec. 26. (NEW) (Effective October 1, 2024) (a) As used in this section:
(1) "Communication technology" means an electronic device or
process that:
(A) Allows a commissioner of the Superior Court and a remotely
located individual to communicate with each other simultaneously by
sight and sound; and
(B) When necessary and consistent with other applicable law,
facilitates communication between a commissioner of the Superior
Court and a remotely located individual who has a vision, hearing or
speech impairment.
(2) "Identity proofing" means a process or service by which a third
person provides a commissioner of the Superior Court with a means to
verify the identity of a remotely located individual by a review of Substitute Senate Bill No. 426
Public Act No. 24-108 32 of 71
personal information from public or private data sources.
(3) "Outside the United States" means a location outside the
geographic boundaries of the United States, Puerto Rico, the United
States Virgin Islands and any territory, insular possession or other
location subject to the jurisdiction of the United States.
(4) "Remotely located individual" means an individual who is not in
the physical presence of the commissioner of the Superior Court who
takes an acknowledgment under subsection (b) of this section.
(b) Except as provided in subsection (g) of this section, a document
may be acknowledged by an individual who is not in the physical
presence of a commissioner of the Superior Court at the time of the
acknowledgment if the following requirements are met:
(1) The individual and the commissioner of the Superior Court can
communicate simultaneously, in real time, by sight and sound using
communication technology; and
(2) When performing a remote acknowledgment pursuant to the
provisions of this section, the commissioner of the Superior Court
reasonably identifies the individual at the time of the acknowledgment
by one or more of the following methods:
(A) Personal knowledge of the identity of the individual;
(B) The individual presents a government-issued identification
document or record that has not expired and includes the individual's
photograph, name and signature. An acceptable form of government-
issued identification document or record includes, but is not limited to,
a driver's license, government-issued identification card or passport;
(C) Not less than two different types of identity proofing processes or
services by which a third person provides a means to verify the identity Substitute Senate Bill No. 426
Public Act No. 24-108 33 of 71
of the individual through a review of public or private data sources; or
(D) Oath or affirmation by a credible witness who:
(i) Is in the physical presence of either the commissioner of the
Superior Court or the individual; or
(ii) Is able to communicate in real time with the commissioner of the
Superior Court and the individual by sight and sound through an
electronic device or process at the time of the acknowledgment, if the
credible witness has personal knowledge of the identity of the
individual and has been reasonably identified by the commissioner of
the Superior Court by a method provided in this section.
(c) When an individual who is physically located outside of the state
of Connecticut or outside the United States seeks a remote
acknowledgment pursuant to subsection (b) of this section, the record
being acknowledged shall:
(1) Be intended for filing or presentation in a matter before a court,
governmental entity, public official or other entity subject to the
jurisdiction of the state of Connecticut; or
(2) Otherwise not be prohibited by law of the state of Connecticut to
be acknowledged outside the state.
(d) Once the record acknowledged pursuant to subsection (b) of this
section is signed by the individual in accordance with the procedures
set forth in this section, the individual shall mail or otherwise cause to
be delivered the signed original copy of the record to the commissioner
of the Superior Court.
(e) The date and time of an acknowledgment conducted pursuant to
subsection (b) of this section shall be the date and time when the
commissioner of the Superior Court witnessed the signature being Substitute Senate Bill No. 426
Public Act No. 24-108 34 of 71
performed by means of communication technology.
(f) Nothing in this section shall affect the authority of a commissioner
of the Superior Court to refuse to take an acknowledgment or require a
commissioner of the Superior Court to take an acknowledgment:
(1) With respect to an electronic record;
(2) For an individual not in the physical presence of the commissioner
of the Superior Court; or
(3) Using a technology that the commissioner of the Superior Court
has not selected.
(g) No record shall be acknowledged remotely pursuant to subsection
(b) of this section in (1) the making and execution of a will, codicil, trust
or trust instrument, (2) the execution of health care instructions
pursuant to section 19a-575a of the general statutes, (3) the execution of
a designation of a standby guardian pursuant to section 45a-624 of the
general statutes, (4) the execution of a designation of a person for
decision-making and certain rights and obligations pursuant to section
1-56r of the general statutes, (5) the execution of a living will, as defined
in section 19a-570 of the general statutes, (6) the execution of a power of
attorney, as defined in section 1-350a of the general statutes, (7) the
execution of a self-proving affidavit for an appointment of a health care
representative or for a living will under sections 1-56r and 19a-578 of the
general statutes, (8) the execution of a mutual distribution agreement
under section 45a-433 of the general statutes, (9) the execution of a
disclaimer under section 45a-579 or 45a-583 of the general statutes, or
(10) a real estate closing, as defined in section 51-88a of the general
statutes. The performance of any such acknowledgment in connection
with any of the acts described in this subsection shall be ineffective for
any purpose and shall constitute a violation of section 51-88 of the
general statutes. Substitute Senate Bill No. 426
Public Act No. 24-108 35 of 71
Sec. 27. Section 22-329a of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2024):
(a) Any animal control officer or regional animal control officer
appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable,
may take physical custody of any animal when such animal control
officer has reasonable cause to believe that such animal is in imminent
harm and is neglected or is cruelly treated in violation of section 22-366,
22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251, 53-252 or 53a-73b,
and, not later than ninety-six hours after taking physical custody, shall
proceed as provided in subsection (c) of this section, except that if, in the
opinion of a licensed veterinarian or the State Veterinarian, at any time
after physical custody of such animal is taken, such animal is so injured
or diseased that it should be euthanized immediately, such officer may
have such animal humanely euthanized by a licensed veterinarian.
(b) Any animal control officer or regional animal control officer
appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable,
may take physical custody of any animal upon issuance of a warrant
finding probable cause that such animal is neglected or is cruelly treated
in violation of section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-
250, 53-251, 53-252 or 53a-73b, and shall thereupon proceed as provided
in subsection (c) of this section except that if, in the opinion of a licensed
veterinarian or the State Veterinarian, at any time after physical custody
of such animal is taken, such animal is so injured or diseased that it
should be euthanized immediately, such officer may have such animal
humanely euthanized by a licensed veterinarian.
(c) Such officer shall file with the superior court which has venue over
such matter or with the superior court for the judicial district of Hartford
at Hartford a verified petition plainly stating such facts of neglect or
cruel treatment as to bring such animal within the jurisdiction of the
court and praying for appropriate action by the court in accordance with Substitute Senate Bill No. 426
Public Act No. 24-108 36 of 71
the provisions of this section. Upon the filing of such petition, the court
shall cause a summons to be issued requiring the owner or owners or
person having responsibility for the care of the animal, if known, to
appear in court at the time and place named.
(d) If physical custody of an animal has been taken pursuant to
subsection (a) or (b) of this section and it appears from the allegations of
the petition filed pursuant to subsection (c) of this section and other
affirmations of fact accompanying the petition, or provided subsequent
thereto, that there is reasonable cause to find that the animal's condition
or the circumstances surrounding its care require that temporary care
and custody be immediately assumed to safeguard its welfare, the court
shall either (1) issue an order to show cause why the court should not
vest in some suitable state, municipal or other public or private agency
or person the animal's temporary care and custody pending a hearing
on the petition, or (2) issue an order vesting in some suitable state,
municipal or other public or private agency or person the animal's
temporary care and custody pending a hearing on the petition. A
hearing on the order issued by the court pursuant to subdivision (1) or
(2) of this subsection shall be held not later than fourteen days after the
issuance of such order. The service of such order may be made by any
officer authorized by law to serve process, state police officer or
indifferent person and shall be served not less than forty-eight hours
prior to the date and time of such hearing. If the owner or owners or
person having responsibility for the care of the animal is not known,
notice of the time and place of the hearing shall be given by publication
in a newspaper having a circulation in the town in which such officer
took physical custody of such animal not less than forty-eight hours
prior to the date and time of such hearing.
(e) If physical custody of an animal has not been taken pursuant to
subsection (a) or (b) of this section, and such officer has reasonable cause
to believe that an animal is neglected or is cruelly treated in violation of Substitute Senate Bill No. 426
Public Act No. 24-108 37 of 71
section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or
53-252, such officer may file a petition with the superior court which has
venue over such matter or with the superior court for the judicial district
of Hartford at Hartford, plainly stating such facts of neglect or cruel
treatment as to bring the animal within the jurisdiction of the court and
praying for appropriate action by the court to ensure the welfare of the
animal, including, but not limited to, physical removal and temporary
care and custody of the animal, an order to compel the owner of any
such animal to provide care in a manner that the court determines is
necessary, authorization of an animal control officer or regional animal
control officer appointed pursuant to section 22-328, 22-331 or 22-331a,
as applicable, or a licensed veterinarian to provide care for the animal
on site, vesting of ownership of the animal, the posting of a bond in
accordance with subsection (f) of this section and the assessment of costs
in accordance with subsection (h) of this section. Upon the filing of such
petition, the court shall cause a summons for an order to show cause to
be issued requiring the owner or owners or person having responsibility
for the care of the animal, if known, to appear in court at the time and
place named. If the owner or owners or person having responsibility for
the care of the animal is not known, notice of the time and place of the
hearing shall be given by publication in a newspaper having a
circulation in the town where the animal is located not less than forty-
eight hours prior to the date and time of the hearing. If it appears from
the allegations of the petition filed pursuant to this subsection and other
affirmations of fact accompanying the petition, or provided subsequent
thereto, that there is reasonable cause to find that the animal's condition
or the circumstances surrounding its care require the immediate
removal of the animal from the owner or owners or person having
responsibility for the care of the animal to safeguard its welfare, the
court shall issue an order vesting in some suitable state, municipal or
other public or private agency or person the animal's temporary care
and custody pending a hearing on the petition which hearing shall be
held not later than ten days after the issuance of such order for such Substitute Senate Bill No. 426
Public Act No. 24-108 38 of 71
temporary care and custody. The service of such order may be made by
any officer authorized by law to serve process, state police officer or
indifferent person and shall be served not less than forty-eight hours
prior to the date and time of such hearing.
(f) If the court issues an order vesting the animal's temporary care
and custody in some suitable state, municipal or other public or private
agency or person, the owner or owners shall either relinquish
ownership of the animal or post a cash bond with the agency or person
in whom the animal's temporary care and custody was vested or with
such agency's counsel of record in the case. The cash bond shall be in the
amount of one thousand dollars for each animal placed in the temporary
care or custody of such agency or person and shall secure payment for
the reasonable expenses of the agency or person having temporary care
and custody of the animal in caring and providing for such animal until
the court makes a finding as to the animal's disposition under subsection
(g) of this section. The requirement that a bond be posted may be waived
if such owner provides satisfactory evidence that such owner is indigent
and unable to pay for such bond.
(g) (1) If, after hearing, the court finds that the animal is neglected or
cruelly treated, it shall vest ownership of the animal in any state,
municipal or other public or private agency which is permitted by law
to care for neglected or cruelly treated animals or with any person found
to be suitable or worthy of such responsibility by the court.
(2) If, after hearing, the court finds that the animal is so injured or
diseased that it should be humanely euthanized, the court may order
that such animal be humanely euthanized by a licensed veterinarian.
(3) If, after hearing, the court finds that the animal is not neglected or
cruelly treated, it may cause the animal to be returned to its owner or
owners or person having responsibility for its care or, if such owner or
owners or person is unknown or unwilling to resume caring for such Substitute Senate Bill No. 426
Public Act No. 24-108 39 of 71
animal, it may vest ownership of the animal in any state, municipal or
other public or private agency or person found to be suitable or worthy
of such responsibility.
(4) If the court makes a finding under subdivision (1) or (2) of this
subsection less than thirty days after the issuance of an order of
temporary care and custody and the owner of the animal has posted a
bond, the agency or person with whom the bond was posted shall return
the balance of such bond, if any, to the owner. The amount of the bond
to be returned to the owner shall be calculated at the rate of [fifteen]
twenty dollars per day per animal or [twenty-five] thirty dollars per day
per animal if the animal is a horse or other large livestock for the number
of days less than thirty that such agency or person has not had
temporary care and custody of the animal less any veterinary costs and
expenses incurred for the welfare of the animal.
(5) If the court makes a finding under subdivision (3) of this
subsection after the issuance of an order of temporary care and custody
and the owner of the animal has posted a bond, the agency or person
with whom the bond was posted shall return such bond to such owner.
(h) If the court finds that the animal is neglected or cruelly treated,
the expenses incurred by the state or a municipality in providing proper
food, shelter and care to an animal it has taken custody of under
subsection (a) or (b) of this section and the expenses incurred by any
state, municipal or other public or private agency or person in providing
temporary care and custody pursuant to an order vesting temporary
care and custody, calculated at the rate of twenty dollars per day per
animal or thirty dollars per day per animal if the animal is a horse or
other large livestock until the date ownership is vested pursuant to
subdivision (1) of subsection (g) of this section shall be paid by the
owner or owners or person having responsibility for the care of the
animal. In addition, all veterinary costs and expenses incurred for the
welfare of the animal shall be paid by the owner or owners or person Substitute Senate Bill No. 426
Public Act No. 24-108 40 of 71
having responsibility for the animal.
(i) If the court vests ownership of the animal in the Commissioner of
Agriculture or a municipality, the commissioner or the municipality
may conduct or participate in a public auction of the animal under such
conditions the commissioner or the municipality deems necessary or the
commissioner or the municipality may consign the animal to an auction
or sell the animal through an open advertised bid process whereby bid
price and demonstration of sufficient knowledge and ability to care for
such animal are factors for the commissioner's or municipality's
consideration. All moneys collected from the sale of animals sold by the
Commissioner of Agriculture through such open advertised bid process
shall be deposited in the animal abuse cost recovery account established
in subsection (j) of this section. All moneys collected from the sale of
animals sold by a municipality through such open advertised bid
process shall be deposited by the town treasurer or other fiscal officer in
the town's general fund. The commissioner or the municipality may also
vest ownership of any such animal in an individual or a public or private
nonprofit animal rescue or adoption organization. Any record
containing the name, address or other personally identifying
information of the new owner of such animal shall be exempt from
disclosure under state law, provided such information may be disclosed
pursuant to the issuance of a lawful subpoena.
(j) There is established a separate, nonlapsing account within the
General Fund, to be known as the "animal abuse cost recovery account".
All moneys collected from sales at public auction of animals seized by
the Department of Agriculture pursuant to this section shall be
deposited into the account. Deposits of moneys may be made into the
account from public or private sources, including, but not limited to, the
federal government or municipal governments.
(k) Notwithstanding any provision of the general statutes, any
moneys received by the Department of Agriculture pursuant to Substitute Senate Bill No. 426
Public Act No. 24-108 41 of 71
subsection (j) of this section shall be deposited in the General Fund and
credited to the animal abuse cost recovery account. The account shall be
available to the Commissioner of Agriculture for the purpose of the
housing, care and welfare of any animal seized by the department, until
final disposition of such animal. Additionally, the account may be used
for the purpose of providing reimbursement to any municipality for the
costs of providing temporary care to such animal if such temporary care
exceeded thirty days in duration and such costs exceeded the amount of
any surety bond or cash bond posted pursuant to subsection (f) of this
section provided the total annual reimbursement to municipalities from
said account for such purpose shall not exceed twenty-five thousand
dollars. Nothing in this section shall prevent the commissioner from
obtaining or using funds from sources other than the account for the
housing, care and welfare of any animal seized by the department
pursuant to this section.
Sec. 28. Section 22-358 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) Any owner or [the agent of any owner of any domestic animal or
poultry, or the Chief Animal Control Officer, any animal control officer,
any municipal animal control officer, any regional animal control officer
or any police officer or state policeman, may kill any dog which he
observes pursuing or worrying any such domestic animal or poultry]
keeper of any animal or poultry, or an agent of such owner or keeper,
or any animal control officer appointed pursuant to section 22-328, 22-
331 or 22-331a, or any police officer, including a state police officer, may
kill any dog while the dog is in the act of biting, attacking or pursuing
any such animal or poultry of the owner or keeper. Any owner, keeper,
animal control officer or police officer who kills such dog shall make
complaint concerning the circumstances of the attack to any animal
control officer appointed pursuant to section 22-331 or 22-331a of the
town where such attack occurred. The animal control officer to whom Substitute Senate Bill No. 426
Public Act No. 24-108 42 of 71
such complaint is made shall investigate the circumstances of the attack
set forth in the complaint and report on the circumstances of the attack
to the Chief State Animal Control Officer, appointed pursuant to section
22-328.
(b) Any person who is [bitten, or who shows visible evidence of
attack] protecting himself or herself or another person or animal from
physical harm while being bitten or attacked by a dog, cat or other
animal when such person is not upon the premises of the owner or
keeper of such dog, cat or other animal may kill such dog, cat or other
animal during such attack. [Such person shall make complaint
concerning the circumstances of the attack to the Chief Animal Control
Officer, any animal control officer or the municipal animal control
officer or regional animal control officer of the town wherein such dog,
cat or other animal is owned or kept. Any such officer to whom such
complaint is made shall immediately make an investigation of such
complaint.] Any person who kills such animal shall make complaint
concerning the circumstances of the attack to any animal control officer
appointed pursuant to section 22-331 or 22-331a of the town where such
attack occurred. The animal control officer to whom such complaint is
made shall investigate the circumstances of the attack set forth in the
complaint and report on the circumstances of the attack to the Chief
State Animal Control Officer, appointed pursuant to section 22-328.
[(c) The commissioner, the Chief Animal Control Officer, any animal
control officer, any municipal animal control officer or any regional
animal control officer may make any order concerning the restraint or
disposal of any biting dog, cat or other animal as the commissioner or
such officer deems necessary. Notice of any such order shall be given to
the person bitten by such dog, cat or other animal within twenty-four
hours. The owner of such animal shall pay all fees as set forth in section
22-333. Any owner or keeper of such dog, cat or other animal who fails
to comply with such order shall be guilty of a class D misdemeanor. If Substitute Senate Bill No. 426
Public Act No. 24-108 43 of 71
an owner or keeper fails to comply with a restraining order made
pursuant to this subsection, the Chief Animal Control Officer, any
animal control officer, any municipal animal control officer or any
regional animal control officer may seize the dog, cat or other animal to
ensure such compliance and the owner or keeper shall be responsible
for any expenses resulting from such seizure. Any person aggrieved by
an order of any municipal animal control officer, the Chief Animal
Control Officer, any animal control officer or any regional animal
control officer may request a hearing before the commissioner within
fourteen days of the issuance of such order. Any order issued pursuant
to this section that requires the restraint of an animal shall be effective
upon its issuance and shall remain in effect during any appeal of such
order to the commissioner. After such hearing, the commissioner may
affirm, modify or revoke such order as the commissioner deems proper.
Any dog owned by a police agency of the state or any of its political
subdivisions is exempt from the provisions of this subsection when such
dog is under the direct supervision, care and control of an assigned
police officer, is currently vaccinated and is subject to routine veterinary
care. Any guide dog owned or in the custody and control of a blind
person or a person with a mobility impairment is exempt from the
provisions of this subsection when such guide dog is under the direct
supervision, care and control of such person, is currently vaccinated and
is subject to routine veterinary care.]
(c) In the interest of public health and safety, if after investigation,
any animal control officer appointed pursuant to section 22-328, 22-331
or 22-331a in the municipality or region in which an alleged dog bite or
attack occurs determines that a person has in fact been bitten or attacked
by a dog, such animal control officer may make any order concerning
the restraint or disposal of such biting or attacking dog as is necessary
to protect public health and safety. In determining the type of order to
be issued or conditions of restraint to be imposed, the animal control
officer shall consider factors that include, but need not be limited to: (1) Substitute Senate Bill No. 426
Public Act No. 24-108 44 of 71
The ability of the owner or keeper of the dog, if any, to control the
animal; (2) the severity of injury inflicted on a person by the biting or
attacking dog; (3) the viciousness of the bite or attack; (4) any history of
past bites or attacks by the dog; (5) whether the bite or attack occurred
at a location that is off of the property of the owner or keeper of the dog;
(6) whether the biting or attacking dog was provoked; and (7) whether
the biting or attacking dog was protecting its owner or keeper from
physical harm.
(d) Any dog, while [actually worrying] biting, attacking or pursuing
deer, may be killed by [the Chief Animal Control Officer or an animal
control officer] any animal control officer appointed pursuant to section
22-328, 22-331 or 22-331a, or by a conservation officer or special
conservation officer appointed by the Commissioner of Energy and
Environmental Protection, or by any police officer, [or state policeman]
including a state police officer. The owner or keeper of any dog found
[worrying] biting, attacking or pursuing a deer shall be guilty of a class
D misdemeanor.
(e) Any person who kills any dog, cat or other animal in accordance
with the provisions of this section shall not be held criminally or civilly
liable therefor.
(f) Repealed by P.A. 19-197, S. 1.
(g) Repealed by P.A. 05-175, S. 24.
(h) The following shall apply to any order issued pursuant to this
section:
(1) In the interest of public health and safety, and the health and
safety of animals, whenever an order issued pursuant to this section
requires the restraint of an animal, the order shall be effective upon its
issuance and shall remain in effect during any appeal of such order; Substitute Senate Bill No. 426
Public Act No. 24-108 45 of 71
(2) In the interest of public health and safety, and the health and
safety of animals, whenever an order issued pursuant to this section
requires the disposal of an animal, the issuing officer shall take physical
custody and retain possession of the animal subject to the order during
any appeal of such order;
(3) Not later than twenty-four hours after the issuance of any order
issued pursuant to this section, a copy of the order shall be delivered to
the owner or keeper of the biting or attacking animal, and the person
bitten or attacked, or to the owner or keeper of an animal which has been
bitten or attacked. The order shall also include a statement informing
the owner or keeper of the biting or attacking animal of their right to
pursue an appeal of the order;
(4) Not later than fifteen days after the date of an order issued
pursuant to this section by any animal control officer appointed
pursuant to section 22-331 or 22-331a, the municipality in which the
attack occurred shall offer in writing to the dog owner a pre-appeal
meeting, which may include the owner or keeper of the animal subject
to the order and the person who was bitten or attacked, or the owner or
keeper of an animal which has been bitten or attacked, to determine if
the order is in dispute. At such meeting the owner or keeper of the
animal subject to the order and their legal counsel, if any, the animal
control officer issuing the order and the animal control officer's
appointing authority, or their designee, may stipulate to an alternate
order. All settlement discussions that occur during the pre-appeal
meeting shall be confidential and protected from disclosure under state
law;
(5) A statement of the conclusion of the pre-appeal meeting,
including only the names of the attending parties, the date of the
prehearing meeting and whether the order was modified, shall be
provided by the municipality to the owner or keeper of the animal
subject to the order, and the victim or the owner or keeper of an animal Substitute Senate Bill No. 426
Public Act No. 24-108 46 of 71
which has been bitten or attacked, not later than twenty-four hours after
the conclusion of the pre-appeal meeting. If a pre-appeal meeting
statement is issued pursuant to this subdivision, then the time to appeal
to the Superior Court shall run from the date of the issuance of such
statement. If there is no pre-appeal meeting, then the time to appeal to
the Superior Court runs from the date of the order;
(6) Any person aggrieved by any order issued under the provisions
of this section by the commissioner or any animal control officer
appointed pursuant to section 22-328, 22-331 or 22-331a, may appeal to
the Superior Court of the judicial district in which such aggrieved
person is a resident, provided such appeal is made not later than forty-
five days after issuance of the order. If the person aggrieved by an order
engages in a pre-appeal meeting under subdivision (4) of this
subsection, then the time to appeal to the Superior Court shall run from
the date of the statement issued pursuant to subdivision (5) of this
subsection. The pre-appeal meeting shall be concluded for purposes of
this section not later than thirty days after the date of the order;
(7) The owner or keeper of any animal subject to an order issued
pursuant to this section shall pay all fees as set forth in section 22-333. If
an owner or keeper of an animal subject to an order issued pursuant to
this section fails to comply with any restraint order made pursuant to
this section, any animal control officer appointed pursuant to section 22-
328, 22-331 or 22-331a may seize the animal prior to or during the
pendency of an appeal and until completion of an appeal of such order
to ensure such compliance and the owner shall be responsible for any
expenses resulting from such seizure;
(8) Once the order becomes a final order or judgment, the order is
enforceable on a state-wide basis and any animal control officer
appointed pursuant to section 22-328, 22-331 or 22-331a shall have the
authority to enforce the final order or judgment; and Substitute Senate Bill No. 426
Public Act No. 24-108 47 of 71
(9) Any owner or keeper of an animal subject to a final order or
judgment issued pursuant to this subsection who fails to comply with a
final order or judgment shall be guilty of a class D misdemeanor.
[(h)] (i) A person who sustains damage [by a dog] or physical injury
to such person's poultry, ratite, domestic rabbit, [companion] animal or
livestock as defined in section 22-278, by a biting or attacking dog shall
make complaint concerning circumstances of the bite or attack by such
dog on any such animal or livestock to the [Chief Animal Control
Officer, any animal control officer or the municipal animal control
officer or regional animal control officer of the town in which such dog
is owned or kept] animal control officer appointed pursuant to section
22-331 or 22-331a of the town in which the bite or attack occurred. The
animal control officer to whom such complaint is made shall investigate
the circumstances of the attack set forth in the complaint and report on
the circumstances of the attack to the Chief State Animal Control Officer,
appointed pursuant to section 22-328. An officer to whom such
complaint is made shall immediately investigate such complaint. [If
such officer finds that the complainant's animal has been bitten or
attacked by a dog when the attacked animal was not on the premises of
the owner or keeper of the attacking dog and provided the
complainant's animal was under the control of the complainant or on
the complainant's property, such officer, the commissioner, the Chief
Animal Control Officer or any animal control officer may make any
order concerning the restraint or disposal of such attacking dog as the
commissioner or such officer deems necessary. An owner or keeper of
such dog who fails to comply with such order shall be guilty of a class
D misdemeanor. If the owner or keeper of such dog fails to comply with
an order made pursuant to this subsection, the Chief Animal Control
Officer or any animal control officer, municipal animal control officer or
regional animal control officer may seize the dog to ensure such
compliance, and the owner or keeper of such dog shall be responsible
for any expenses resulting from such seizure. A person aggrieved by an Substitute Senate Bill No. 426
Public Act No. 24-108 48 of 71
order of the Chief Animal Control Officer or any animal control officer,
municipal animal control officer or regional animal control officer made
pursuant to this subsection may request a hearing before the
commissioner not later than fourteen days after the issuance of such
order. After such hearing, the commissioner may affirm, modify or
revoke such order as the commissioner deems proper. A dog owned by
a police agency of the state or any of its political subdivisions is exempt
from the provisions of this section when such dog is under the direct
supervision, care and control of an assigned police officer, has been
vaccinated annually and is subject to routine veterinary care.] In the
interest of public health and safety, and the health and safety of animals,
if after investigation, any animal control officer appointed pursuant to
section 22-331 or 22-331a in the municipality or region in which an
alleged dog bite or attack occurs determines that an animal has in fact
been bitten or attacked by a dog, such animal control officer, or the Chief
State Animal Control Officer appointed pursuant to section 22-328, may
make any order concerning the restraint or disposal of such biting or
attacking dog as is necessary to protect public health and safety and the
health and safety of animals. In determining the type of order to be
issued or conditions of restraint to be imposed, the animal control officer
shall consider factors that include, but need not be limited to: (1) The
ability of the owner or keeper to control the dog; (2) the severity of injury
inflicted by the biting or attacking dog; (3) the viciousness of the bite or
attack; (4) any history of past bites or attacks by the dog; (5) whether the
bite or attack occurred at a location that is off of the property of the
owner or keeper of the biting or attacking dog, provided the animal
attacked was under the control of animal's owner or keeper, or the
animal attacked was on property of the owner or keeper; (6) whether
the biting or attacking dog was provoked; and (7) whether the biting or
attacking dog was protecting its owner or keeper from physical harm.
(j) Any dog or other animal owned by the United States military, a
law enforcement agency of the United States or a law enforcement Substitute Senate Bill No. 426
Public Act No. 24-108 49 of 71
agency of this state or any of its political subdivisions shall be exempt
from the provisions of this section when such dog or other animal is
owned by or in the custody and control of such agency and under the
direct supervision, care and control of an assigned handler, is currently
vaccinated for rabies and is subject to routine veterinary care. Any
service animal owned by or in the custody and control of a person with
a disability shall be exempt from the provisions of this section when
such service animal is under the direct supervision, care and control of
such person, is currently vaccinated for rabies and is subject to routine
veterinary care. As used in this subsection, "service animal" and
"disability" have the same meanings as provided in section 22-345.
Sec. 29. Section 52-380a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) A judgment lien, securing the unpaid amount of any money
judgment, including interest and costs, may be placed on any real
property by recording, in the town clerk's office in the town where the
real property lies, a judgment lien certificate, signed by the judgment
creditor or his attorney or personal representative, containing: (1) A
statement of the names and last-known addresses of the judgment
creditor and judgment debtor, the court in which and the date on which
the judgment was rendered, and the original amount of the money
judgment and the amount due thereon; and (2) a description, which
need not be by metes and bounds, of the real property on which a lien
is to be placed, and a statement that the lien has been placed on such
property.
(b) From the time of the recording of the judgment lien certificate, the
money judgment shall be a lien on the judgment debtor's interest in the
real property described. If, within four months of judgment, the lien is
placed on real property which was previously attached in the action, the
lien on that property shall hold from the date of attachment, provided
the judgment lien certificate contains a clause referring to and Substitute Senate Bill No. 426
Public Act No. 24-108 50 of 71
identifying the attachment, substantially in the following form: "This
lien is filed within four months after judgment in the action was
rendered and relates back to an attachment of real property recorded on
(month) (day) (year), at Volume ___ Page ___ of the ___ land records."
(c) A judgment lien on real property may be foreclosed or redeemed
in the same manner as mortgages on the same property.
(d) In the case of a consumer judgment, the complaint shall indicate
whether, pursuant to an installment payment order under subsection
(b) of section 52-356d, the court has entered a stay of execution and, if
such a stay was entered, shall allege any default on an installment
payment order which is a precondition to foreclosure. In addition, the
judgment creditor shall give notice to the judgment debtor of the
Ezequiel Santiago Foreclosure Mediation Program, established
pursuant to section 49-31m, by attaching to the front of the writ,
summons and complaint that is served on the judgment debtor: (1) A
copy of the notice of foreclosure mediation, in such form as the Chief
Court Administrator prescribes, (2) a copy of the foreclosure mediation
certificate form described in subsection (c) of section 49-3ll, in such form
as the Chief Court Administrator prescribes, and (3) a blank appearance
form, in such form as the Chief Court Administrator prescribes. The
notice of foreclosure mediation shall instruct the judgment debtor to file
the appearance and foreclosure mediation certificate forms with the
court not later than fifteen days from the return date for the foreclosure
action. If the judgment debtor elects to participate in, and the court
orders the case assigned to, said foreclosure mediation program, (A) the
judgment debtor shall be entitled to the rights and shall assume the
obligations of a mortgagor under sections 49-31k to 49-31o, inclusive,
and (B) a judgment creditor shall be entitled to the rights and shall
assume the obligations of a mortgagee under sections 49-31k to 49-31o,
inclusive, except that the judgment creditor shall not be required to
furnish the mortgage specific information described in subsection (d) of Substitute Senate Bill No. 426
Public Act No. 24-108 51 of 71
section 49-31l, but instead shall furnish a copy of the underlying
judgment, and an accounting of current interest and other charges
incurred for the time period prescribed in subsection (d) of section 49-
31l. No action to foreclose a judgment lien filed pursuant to this section
may be commenced unless an execution may issue pursuant to section
52-356a. The judgment lien shall expire twenty years after the judgment
was rendered, except any judgment lien recorded with respect to a small
claims action shall expire ten years after the judgment was rendered,
unless the party claiming the lien commences an action to foreclose it
within that period of time and records a notice of lis pendens in evidence
thereof on the land records of the town in which the real property is
located.
Sec. 30. Section 51-274 of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective July
1, 2024):
All special acts or provisions thereof inconsistent with this chapter
and with sections 1-1a, 2-5, 2-40, 2-61, 5-164, 5-189, 7-80, 8-12, 9-63, 9-258,
9-368, 12-154, 14-141, 14-142, 18-65, 18-73, 19a-220, 21a-96, 29-13, 29-362,
30-105, 30-107, 30-111, 35-22, 46b-120, 46b-133, 46b-560, 47a-23, 47a-28,
47a-35, 47a-37, 49-61, 49-62, 51-6a, 51-9, 51-15, 51-27, 51-30, 51-33, 51-34,
51-36, 51-48, 51-49, 51-50, 51-51, 51-52, [51-59,] 51-72, 51-73, 51-95, 51-
183b, 51-183d, 51-183f, 51-183g, 51-215a, 51-229, 51-232, 51-237, as
amended by this act, and 51-241, subsection (a) of section 51-243 and
sections 51-247, 51-347, 52-45a, 52-45b, 52-46, 52-97, 52-112, 52-139, 52-
193, 52-194, 52-196, 52-209, 52-212, 52-215, 52-226, 52-240, 52-257, 52-258,
52-261, 52-263, 52-268, 52-270, 52-278i, 52-293, 52-297, 52-298, 52-324, 52-
351, 52-397, 52-425, 52-427, 52-428, 52-521, 53-308, 53-328, 54-2a, 54-56f,
54-66, 54-72, 54-74, 54-82g, 54-82j, 54-82k, 54-95a, 54-96a, 54-96b, 54-97,
54-108, 54-154, 54-166 and 54-169 to 54-174, inclusive, are repealed.
Sec. 31. Subsection (d) of section 1-205 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October Substitute Senate Bill No. 426
Public Act No. 24-108 52 of 71
1, 2024):
(d) The commission shall, subject to the provisions of the Freedom of
Information Act promptly review the alleged violation of said Freedom
of Information Act and issue an order pertaining to the same. Said
commission shall have the power to investigate all alleged violations of
said Freedom of Information Act and may for the purpose of
investigating any violation hold a hearing, administer oaths, examine
witnesses, receive oral and documentary evidence, have the power to
subpoena witnesses under procedural rules adopted by the commission
to compel attendance and to require the production for examination of
any books and papers which the commission deems relevant in any
matter under investigation or in question. In case of a refusal to comply
with any such subpoena or to testify with respect to any matter upon
which that person may be lawfully interrogated, the superior court for
the judicial district [of New Britain] in which the public agency is
located, on application of the commission, may issue an order requiring
such person to comply with such subpoena and to testify; failure to obey
any such order of the court may be punished by the court as a contempt
thereof.
Sec. 32. Subsection (b) of section 1-206 of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2024):
(b) (1) Any person denied the right to inspect or copy records under
section 1-210 or wrongfully denied the right to attend any meeting of a
public agency or denied any other right conferred by the Freedom of
Information Act may appeal therefrom to the Freedom of Information
Commission, by filing a notice of appeal with said commission. A notice
of appeal shall be filed not later than thirty days after such denial, except
in the case of an unnoticed or secret meeting, in which case the appeal
shall be filed not later than thirty days after the person filing the appeal
receives actual or constructive notice that such meeting was held. For Substitute Senate Bill No. 426
Public Act No. 24-108 53 of 71
purposes of this subsection, such notice of appeal shall be deemed to be
filed on the date it is received by said commission or on the date it is
postmarked, if received more than thirty days after the date of the denial
from which such appeal is taken. Upon receipt of such notice, the
commission shall serve upon all parties, by certified or registered mail
or by electronic transmission, a copy of such notice together with any
other notice or order of such commission. In the case of the denial of a
request to inspect or copy records contained in a public employee's
personnel or medical file or similar file under subsection (c) of section 1-
214, the commission shall include with its notice or order an order
requiring the public agency to notify any employee whose records are
the subject of an appeal, and the employee's collective bargaining
representative, if any, of the commission's proceedings and, if any such
employee or collective bargaining representative has filed an objection
under said subsection (c), the agency shall provide the required notice
to such employee and collective bargaining representative by certified
mail, return receipt requested, by electronic transmission or by hand
delivery with a signed receipt. A public employee whose personnel or
medical file or similar file is the subject of an appeal under this
subsection may intervene as a party in the proceedings on the matter
before the commission. Said commission shall, after due notice to the
parties, hear and decide the appeal not later than one year after the filing
of the notice of appeal. The commission shall adopt regulations in
accordance with chapter 54, establishing criteria for those appeals which
shall be privileged in their assignment for hearing. Any such appeal
shall be heard not later than thirty days after receipt of a notice of appeal
and decided not later than sixty days after the hearing. If a notice of
appeal concerns an announced agency decision to meet in executive
session or an ongoing agency practice of meeting in executive sessions,
for a stated purpose, the commission or a member or members of the
commission designated by its chairperson shall serve notice upon the
parties in accordance with this section and hold a preliminary hearing
on the appeal not later than seventy-two hours after receipt of the notice, Substitute Senate Bill No. 426
Public Act No. 24-108 54 of 71
provided such notice shall be given to the parties at least forty-eight
hours prior to such hearing. During such preliminary hearing, the
commission shall take evidence and receive testimony from the parties.
If after the preliminary hearing the commission finds probable cause to
believe that the agency decision or practice is in violation of sections 1-
200 and 1-225, the agency shall not meet in executive session for such
purpose until the commission decides the appeal. If probable cause is
found by the commission, it shall conduct a final hearing on the appeal
and render its decision not later than five days after the completion of
the preliminary hearing. Such decision shall specify the commission's
findings of fact and conclusions of law.
(2) In any appeal to the Freedom of Information Commission under
subdivision (1) of this subsection or subsection (c) of this section, the
commission may confirm the action of the agency or order the agency
to provide relief that the commission, in its discretion, believes
appropriate to rectify the denial of any right conferred by the Freedom
of Information Act. The commission may declare null and void any
action taken at any meeting which a person was denied the right to
attend and may require the production or copying of any public record.
In addition, upon the finding that a denial of any right created by the
Freedom of Information Act was without reasonable grounds and after
the custodian or other official directly responsible for the denial has
been given an opportunity to be heard at a hearing conducted in
accordance with sections 4-176e to 4-184, inclusive, the commission
may, in its discretion, impose against the custodian or other official a
civil penalty of not less than twenty dollars nor more than five thousand
dollars. If the commission finds that a person has taken an appeal under
this subsection frivolously, without reasonable grounds and solely for
the purpose of harassing the agency from which the appeal has been
taken, after such person has been given an opportunity to be heard at a
hearing conducted in accordance with sections 4-176e to 4-184,
inclusive, the commission may, in its discretion, impose against that Substitute Senate Bill No. 426
Public Act No. 24-108 55 of 71
person a civil penalty of not less than twenty dollars nor more than one
thousand dollars. The commission shall notify a person of a penalty
levied against such person pursuant to this subsection by written notice
sent by certified or registered mail or electronic transmission. If a person
fails to pay the penalty not later than thirty days after receiving such
notice, the Superior Court shall, on application of the commission, issue
an order requiring the person to pay the penalty imposed. If the
executive director of the commission has reason to believe an appeal
under subdivision (1) of this subsection or subsection (c) of this section
(A) presents a claim beyond the commission's jurisdiction; (B) would
perpetrate an injustice; or (C) would constitute an abuse of the
commission's administrative process, the executive director shall not
schedule the appeal for hearing without first seeking and obtaining
leave of the commission. The commission shall provide due notice to the
parties and review affidavits and written argument that the parties may
submit and grant or deny such leave summarily at its next regular
meeting. The commission shall grant such leave unless it finds that the
appeal: (i) Does not present a claim within the commission's jurisdiction;
(ii) would perpetrate an injustice; or (iii) would constitute an abuse of
the commission's administrative process. Any party aggrieved by the
commission's denial of such leave may apply to the superior court for
the judicial district [of New Britain] in which the public agency is
located, not later than fifteen days of the commission meeting at which
such leave was denied, for an order requiring the commission to hear
such appeal.
(3) In making the findings and determination under subdivision (2)
of this subsection the commission shall consider the nature of any
injustice or abuse of administrative process, including, but not limited
to: (A) The nature, content, language or subject matter of the request or
the appeal, including, among other factors, whether the request or
appeal is repetitious or cumulative; (B) the nature, content, language or
subject matter of prior or contemporaneous requests or appeals by the Substitute Senate Bill No. 426
Public Act No. 24-108 56 of 71
person making the request or taking the appeal; (C) the nature, content,
language or subject matter of other verbal and written communications
to any agency or any official of any agency from the person making the
request or taking the appeal; (D) any history of nonappearance at
commission proceedings or disruption of the commission's
administrative process, including, but not limited to, delaying
commission proceedings; and (E) the refusal to participate in settlement
conferences conducted by a commission ombudsman in accordance
with the commission's regulations.
(4) Notwithstanding any provision of this subsection, in the case of
an appeal to the commission of a denial by a public agency, the
commission may, upon motion of such agency, confirm the action of the
agency and dismiss the appeal without a hearing if it finds, after
examining the notice of appeal and construing all allegations most
favorably to the appellant, that (A) the agency has not violated the
Freedom of Information Act, or (B) the agency has committed a technical
violation of the Freedom of Information Act that constitutes a harmless
error that does not infringe the appellant's rights under said act.
(5) Notwithstanding any provision of this subsection, in the case of
an appeal to the commission of a denial by a public agency where, after
a hearing, the commission finds the public agency is engaging in a
practice or pattern of conduct that constitutes an obstruction of any right
conferred by the Freedom of Information Act or reckless, wilful or
wanton misconduct with regard to the delay or denial of responses to
requests for public records under said act, the commission may impose
a civil penalty of not less than twenty dollars nor more than five
thousand dollars against a custodian or other official of such public
agency, and order such other relief that the commission, in its discretion,
determines is appropriate to rectify such obstruction or misconduct and
to deter such public agency from violating the Freedom of Information
Act. In case of any failure or refusal to comply with any order issued Substitute Senate Bill No. 426
Public Act No. 24-108 57 of 71
under this subdivision, the commission may apply to the superior court
for the judicial district [of New Britain] in which the public agency is
located for an order requiring such public agency to comply with such
order.
(6) Notwithstanding any provision of this subsection, a public agency
may petition the commission for relief from a requester that the public
agency alleges is a vexatious requester. Such petition shall be sworn
under penalty of false statement, as provided in section 53a-157b, and
shall detail the conduct which the agency alleges demonstrates a
vexatious history of requests, including, but not limited to: (A) The
number of requests filed and the total number of pending requests; (B)
the scope of the requests; (C) the nature, content, language or subject
matter of the requests; (D) the nature, content, language or subject
matter of other oral and written communications to the agency from the
requester; and (E) a pattern of conduct that amounts to an abuse of the
right to access information under the Freedom of Information Act or an
interference with the operation of the agency. Upon receipt of such
petition, the executive director of the commission shall review the
petition and determine whether it warrants a hearing. If the executive
director determines that a hearing is not warranted, the executive
director shall recommend that the commission deny the petition
without a hearing. The commission shall vote at its next regular meeting
after such recommendation to accept or reject such recommendation
and, after such meeting, shall issue a written explanation of the reasons
for such acceptance or rejection. If the executive director determines that
a hearing is warranted, the commission shall serve upon all parties, by
certified or registered mail or electronic transmission, a copy of such
petition together with any other notice or order of the commission. The
commission shall, after due notice to the parties, hear and either grant
or deny the petition not later than one year after its filing. Upon a grant
of such petition, the commission may provide appropriate relief
commensurate with the vexatious conduct, including, but not limited Substitute Senate Bill No. 426
Public Act No. 24-108 58 of 71
to, an order that the agency need not comply with future requests from
the vexatious requester for a specified period of time, but not to exceed
one year. Any party aggrieved by the commission's granting of such
petition may apply to the superior court for the judicial district [of New
Britain] in which the public agency is located, not later than fifteen days
after the commission meeting at which such petition was granted, for an
order reversing the commission's decision.
Sec. 33. Subsection (a) of section 51-344a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(a) Whenever the term "judicial district of Hartford-New Britain" or
"judicial district of Hartford-New Britain at Hartford" is used or referred
to in the following sections of the general statutes, it shall be deemed to
mean or refer to the judicial district of Hartford on and after September
1, 1998: Sections [1-205, 1-206,] 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-
160, 4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-
369b, 10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-405k, 12-422,
12-448, 12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-
586f, 12-597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-
67u, 14-110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41,
16a-5, 17b-60, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, 19a-425, 19a-498,
19a-517, 19a-526, 19a-633, 20-12f, 20-13e, 20-29, 20-40, 20-45, 20-59, 20-
73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192, 20-
195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307, 20-
341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 22-7, 22-228, 22-248,
22-254, 22-320d, 22-326a, 22-344b, 22-386, 22a-6b, 22a-7, 22a-16, 22a-30,
22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119, 22a-
180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a-226c,
22a-227, 22a-250, 22a-255l, 22a-276, 22a-310, 22a-342a, 22a-344, 22a-361a,
22a-374, 22a-376, 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-449g,
22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-143j, 29-158, 29-161z, 29- Substitute Senate Bill No. 426
Public Act No. 24-108 59 of 71
323, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-285,
31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-471a, 36a-494,
36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30, 36b-
50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139, 38a-
140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241, 38a-
337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817, 38a-
843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p, 42-
182, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-
392d and 54-211a.
Sec. 34. Section 51-14 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) The judges of the Supreme Court, the judges of the Appellate
Court, and the judges of the Superior Court shall adopt and promulgate
and may from time to time modify or repeal rules and forms regulating
pleading, practice and procedure in judicial proceedings in courts in
which they have the constitutional authority to make rules, for the
purpose of simplifying proceedings in the courts and of promoting the
speedy and efficient determination of litigation upon its merits. The
rules of the Appellate Court shall be as consistent as feasible with the
rules of the Supreme Court to promote uniformity in the procedure for
the taking of appeals and may dispense, so far as justice to the parties
will permit while affording a fair review, with the necessity of printing
of records and briefs. Such rules shall not abridge, enlarge or modify
any substantive right or the jurisdiction of any of the courts. Such rules
shall become effective on such date as the judges specify but not in any
event until sixty days after such promulgation, except that such rules
may become effective prior to the expiration of the sixty-day time period
if the judges deem that circumstances require that a new rule or a change
to an existing rule be adopted expeditiously.
[(b) All statutes relating to pleading, practice and procedure in
existence on July 1, 1957, shall be deemed to be rules of court and shall Substitute Senate Bill No. 426
Public Act No. 24-108 60 of 71
remain in effect as such only until modified, superseded or suspended
by rules adopted and promulgated by the judges of the Supreme Court
or the Superior Court pursuant to the provisions of this section. The
Chief Justice shall report any such rules to the General Assembly for
study at the beginning of each regular session. Such rules shall be
referred by the speaker of the House or by the president of the Senate to
the judiciary committee for its consideration and such committee shall
schedule hearings thereon. Any rule or any part thereof disapproved by
the General Assembly by resolution shall be void and of no effect and a
copy of such resolution shall thereafter be published once in the
Connecticut Law Journal.]
[(c)] (b) The judges or a committee of their number shall hold public
hearings, of which reasonable notice shall be given in the Connecticut
Law Journal and otherwise as they deem proper, upon any proposed
new rule or any change in an existing rule that is to come before said
judges for action, and each such proposed new rule or change in an
existing rule shall be published in the Connecticut Law Journal as a part
of such notice. A public hearing shall be held at least once a year, of
which reasonable notice shall likewise be given, at which any member
of the bar or layman may bring to the attention of the judges any new
rule or change in an existing rule that he deems desirable.
[(d)] (c) Upon the taking effect of such rules adopted and
promulgated by the judges of the Supreme Court pursuant to the
provisions of this section, all provisions of rules theretofore
promulgated by the judges of the Superior Court shall be deemed to be
repealed.
Sec. 35. Section 52-278n of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) The court may, on motion of a party, order an appearing
defendant to disclose property in which he has an interest or debts Substitute Senate Bill No. 426
Public Act No. 24-108 61 of 71
owing to him sufficient to satisfy a prejudgment remedy. The existence,
location and extent of the defendant's interest in such property or debts
shall be subject to disclosure. The form and terms of disclosure shall be
determined by the court.
(b) A motion to disclose pursuant to this section may be made by
attaching it to the application for a prejudgment remedy or may be
made at any time after the filing of the application.
(c) The court may order disclosure at any time prior to final judgment
after it has determined that the party filing the motion for disclosure
has, pursuant to section 52-278d, 52-278e or 52-278i, probable cause
sufficient for the granting of a prejudgment remedy.
(d) A defendant, in lieu of disclosing assets pursuant to subsection (a)
of this section, may move the court for substitution either of a bond with
surety substantially in compliance with sections 52-307 and 52-308, or of
other sufficient security.
(e) Notwithstanding the provisions of subsections (a) to (d), inclusive,
of this section, no party may compel disclosure of the names and
addresses of clients of an individual or entity that provides professional
services, as defined in subdivision (20) of section 4e-1, when the
disclosure of such names and addresses would constitute a violation of
state or federal law, or the applicable rules of professional conduct
governing such profession, as the case may be.
[(e)] (f) Rules of court shall be enacted to carry out the foregoing
provisions and may provide for reasonable sanctions to enforce orders
issued pursuant to this section.
Sec. 36. Section 52-351b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) A judgment creditor may obtain discovery from the judgment Substitute Senate Bill No. 426
Public Act No. 24-108 62 of 71
debtor, or from any third person the judgment creditor reasonably
believes, in good faith, may have assets of the judgment debtor, or from
any financial institution to the extent provided by this section, of any
matters relevant to satisfaction of the money judgment. The judgment
creditor shall commence any discovery proceeding by serving an initial
set of interrogatories, in a prescribed form containing such questions as
to the assets and employment of the judgment debtor as may be
approved by the judges of the Superior Court or their designee, on the
person from whom discovery is sought. Service of an initial set of
interrogatories relevant to obtaining satisfaction of a money judgment
of a small claims session of the Superior Court may be made by sending
such interrogatories by certified mail, return receipt requested, to the
person from whom discovery is sought. Questions contained in the
interrogatory form shall be in clear and simple language and shall be
placed on the page in such manner as to leave space under each question
for the person served to insert such person's answer. Such person shall
answer the interrogatories and return them to the judgment creditor
within thirty days of the date of service. Interrogatories served on a
judgment debtor shall be signed by such debtor under penalty of false
statement. With respect to assets, the person served is required to reveal
information concerning the amount, nature and location of the
judgment debtor's nonexempt assets up to an amount clearly sufficient
in value to ensure full satisfaction of the judgment with interest and
costs, provided disclosure shall be first required as to assets subject to
levy or foreclosure within the state. If interrogatories are served on a
financial institution, the financial institution shall disclose only whether
it holds funds of the judgment debtor on account and the balance of such
funds, up to the amount necessary to satisfy the judgment.
(b) The interrogatory form shall specify the names and last-known
addresses of the judgment creditor and the judgment debtor, the court
in which and the date on which the judgment was rendered, and the
original amount of the judgment and the amount due thereon. The Substitute Senate Bill No. 426
Public Act No. 24-108 63 of 71
interrogatory form shall contain a notice of rights with respect to
postjudgment interrogatories as prescribed by section 52-361b.
(c) Notwithstanding the provisions of this section, no party may
compel disclosure of the names and addresses of clients of an individual
or entity that provides professional services, as defined in subdivision
(20) of section 4e-1, when the disclosure of such names and addresses
would constitute a violation of state or federal law, or the applicable
rules of professional conduct governing such profession, as the case may
be.
[(c)] (d) On failure of a person served with interrogatories to return,
within the thirty days, a sufficient answer or disclose sufficient assets
for execution, or on objection by such person to the interrogatories, the
judgment creditor may move the court for such supplemental discovery
orders as may be necessary to ensure disclosure including (1) an order
for compliance with the interrogatories, or (2) an order authorizing
additional interrogatories. The judgment creditor may obtain discovery,
including the taking of depositions, from any person served with
interrogatories in accordance with procedures for discovery in civil
actions without further order of the court. The court may order such
additional discovery as justice requires provided the order shall contain
a notice that failure to comply therewith may subject the person served
to being held in contempt of court.
[(d)] (e) Any party from whom discovery is sought may seek a
protective order pursuant to section 52-400a.
Sec. 37. Section 51-343 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
For purposes of this chapter and section 52-46a, the following
definitions shall apply:
[(a) "Domestic corporation" means any corporation incorporated Substitute Senate Bill No. 426
Public Act No. 24-108 64 of 71
under the laws of this state.]
(1) "Domestic business organization" means any sole proprietorship,
partnership, corporation, limited liability company, association, firm or
other form of business or legal entity organized or incorporated under
the laws of this state.
[(b)] (2) "Filed" means filed at the court location where there is a clerk
designated to receive and maintain the record of the action regardless
of the court location to which the writ is made returnable.
[(c) "Foreign corporation"] (3) "Foreign business organization" means
any [corporation] sole proprietorship, partnership, corporation, limited
liability company, association, firm or other form of business or legal
entity incorporated under the laws of any other state or foreign
government.
[(d)] (4) "Made returnable" designates the judicial district court
location or geographical area where the plaintiff desires the case to be
heard.
[(e)] (5) "Property" means anything of value.
[(f) "United States corporation" means any corporation incorporated
under the laws of the United States.]
Sec. 38. Subsection (c) of section 51-345 of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2024):
(c) In all actions by a [corporation] domestic or foreign business
organization, except actions made returnable under subsection (b), (d)
or (g) of this section, civil process shall be made returnable as follows:
(1) If the plaintiff is [either a domestic corporation or a United States
corporation] a domestic business organization and the defendant is a Substitute Senate Bill No. 426
Public Act No. 24-108 65 of 71
resident, either (A) to the judicial district where the plaintiff has an office
or place of business, or (B) to the judicial district where the defendant
resides, except:
(i) If the plaintiff has an office or place of business in the town of
Manchester, East Windsor, South Windsor or Enfield, the action may be
made returnable at the option of the plaintiff to either the judicial district
of Hartford or the judicial district of Tolland.
(ii) If the plaintiff has an office or place of business in the town of
Plymouth, the action may be made returnable at the option of the
plaintiff to either the judicial district of New Britain or the judicial
district of Waterbury.
(iii) If the plaintiff has an office or place of business in the town of
Bethany, Milford, West Haven or Woodbridge, the action may be made
returnable at the option of the plaintiff to either the judicial district of
New Haven or the judicial district of Ansonia-Milford.
(iv) If the plaintiff has an office or place of business in the town of
Southbury, the action may be made returnable at the option of the
plaintiff to either the judicial district of Ansonia-Milford or the judicial
district of Waterbury.
(v) If the plaintiff has an office or place of business in the town of
Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston,
Westport or Wilton, the action may be made returnable at the option of
the plaintiff to either the judicial district of Stamford-Norwalk or the
judicial district of Bridgeport.
(vi) If the plaintiff has an office or place of business in the town of
Watertown or Woodbury, the action may be made returnable at the
option of the plaintiff to either the judicial district of Waterbury or the
judicial district of Litchfield. Substitute Senate Bill No. 426
Public Act No. 24-108 66 of 71
(vii) If the plaintiff has an office or place of business in the town of
Avon, Canton, Farmington or Simsbury, the action may be made
returnable at the option of the plaintiff to either the judicial district of
Hartford or the judicial district of New Britain.
(viii) If the plaintiff has an office or place of business in the town of
Newington, Rocky Hill or Wethersfield, the action may be made
returnable at the option of the plaintiff to either the judicial district of
Hartford or the judicial district of New Britain, except for actions where
venue is in the geographical area as provided in section 51-348, as
amended by this act, or in rules of court.
(ix) If the plaintiff has an office or place of business in the town of
Cromwell, the action may be made returnable at the option of the
plaintiff to either the judicial district of Hartford or the judicial district
of Middlesex.
(x) If the plaintiff has an office or place of business in the town of New
Milford, the action may be made returnable at the option of the plaintiff
to either the judicial district of Danbury or the judicial district of
Litchfield.
(xi) If the plaintiff has an office or place of business in the town of
Windham or Ashford, the action may be made returnable at the option
of the plaintiff to either the judicial district of Windham or the judicial
district of Tolland.
(2) If the plaintiff is [either a domestic corporation or a United States
corporation] a domestic business organization and the defendant is a
[corporation, domestic or foreign] domestic or foreign business
organization, to the judicial district where (A) the plaintiff has an office
or place of business, (B) the injury occurred, (C) the transaction
occurred, or (D) the property is located or lawfully attached, except:
(i) If the plaintiff has an office or place of business in the town of Substitute Senate Bill No. 426
Public Act No. 24-108 67 of 71
Manchester, East Windsor, South Windsor or Enfield, the action may be
made returnable at the option of the plaintiff to either the judicial district
of Hartford or the judicial district of Tolland.
(ii) If the plaintiff has an office or place of business in the town of
Plymouth, the action may be made returnable at the option of the
plaintiff to either the judicial district of New Britain or the judicial
district of Waterbury.
(iii) If the plaintiff has an office or place of business in the town of
Bethany, Milford, West Haven or Woodbridge, the action may be made
returnable at the option of the plaintiff to either the judicial district of
New Haven or the judicial district of Ansonia-Milford.
(iv) If the plaintiff has an office or place of business in the town of
Southbury, the action may be made returnable at the option of the
plaintiff to either the judicial district of Ansonia-Milford or the judicial
district of Waterbury.
(v) If the plaintiff has an office or place of business in the town of
Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston,
Westport or Wilton, the action may be made returnable at the option of
the plaintiff to either the judicial district of Stamford-Norwalk or the
judicial district of Bridgeport.
(vi) If the plaintiff has an office or place of business in the town of
Watertown or Woodbury, the action may be made returnable at the
option of the plaintiff to either the judicial district of Waterbury or the
judicial district of Litchfield.
(vii) If the plaintiff has an office or place of business in the town of
Avon, Canton, Farmington or Simsbury, the action may be made
returnable at the option of the plaintiff to either the judicial district of
Hartford or the judicial district of New Britain. Substitute Senate Bill No. 426
Public Act No. 24-108 68 of 71
(viii) If the plaintiff has an office or place of business in the town of
Newington, Rocky Hill or Wethersfield, the action may be made
returnable at the option of the plaintiff to either the judicial district of
Hartford or the judicial district of New Britain, except for actions where
venue is in the geographical area as provided in section 51-348, as
amended by this act, or in rules of court.
(ix) If the plaintiff has an office or place of business in the town of
Cromwell, the action may be made returnable at the option of the
plaintiff to either the judicial district of Hartford or the judicial district
of Middlesex.
(x) If the plaintiff has an office or place of business in the town of New
Milford, the action may be made returnable at the option of the plaintiff
to either the judicial district of Danbury or the judicial district of
Litchfield.
(xi) If the plaintiff has an office or place of business in the town of
Windham or Ashford, the action may be made returnable at the option
of the plaintiff to either the judicial district of Windham or the judicial
district of Tolland.
(3) If the plaintiff is a foreign [corporation] business organization and
the defendant is a resident, to the judicial district where the defendant
resides.
(4) If the plaintiff is a foreign [corporation] business organization and
the defendant is a [corporation,] domestic or foreign business
organization, to the judicial district where (A) the injury occurred, (B)
the transaction occurred, or (C) the property is located or lawfully
attached.
Sec. 39. Subsection (g) of section 51-345 of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2024): Substitute Senate Bill No. 426
Public Act No. 24-108 69 of 71
(g) Venue for small claims matters shall be at Superior Court facilities
designated by the Chief Court Administrator to hear such matters. In
small claims matters, civil process shall be made returnable to the
Superior Court facility designated by the Chief Court Administrator to
serve the small claims area where the plaintiff resides, where the
defendant resides or is doing business or where the transaction or injury
occurred. If the plaintiff is a [domestic corporation, a United States
corporation, a foreign corporation or a limited liability company]
domestic or foreign business organization, civil process shall be made
returnable to a Superior Court facility designated by the Chief Court
Administrator to serve the small claims area where the defendant
resides or is doing business or where the transaction or injury occurred.
Sec. 40. Section 22-357 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) As used in this section:
(1) "Law enforcement officer" means: Each officer, employee or other
person otherwise paid by or acting as an agent of (A) the Division of
State Police within the Department of Emergency Services and Public
Protection; (B) the Office of the State Capitol Police; (C) a municipal
police department; and (D) the Department of Correction;
(2) "Property" includes, but is not limited to, a companion animal, as
defined in section 22-351a; and
(3) "The amount of such damage", with respect to a companion
animal, includes expenses of veterinary care, the fair monetary value of
the companion animal, including all training expenses for a guide dog
owned by a blind person or an assistance dog owned by a deaf or
mobility impaired person and burial expenses for the companion
animal.
(b) If any dog does any damage to either the body or property of any Substitute Senate Bill No. 426
Public Act No. 24-108 70 of 71
person, the owner, [or] keeper, or both, shall be liable for the amount of
such damage, except when such damage has been occasioned to the
body or property of a person who, at the time such damage was
sustained, was committing a trespass or other tort, or was teasing,
tormenting or abusing such dog. [or, if] If the owner or keeper is a
minor, the parent or guardian of such minor, shall be liable for the
amount of such damage. [, except when such damage has been
occasioned to the body or property of a person who, at the time such
damage was sustained, was committing a trespass or other tort, or was
teasing, tormenting or abusing such dog.] If a minor, on whose behalf
an action under this section is brought, was under seven years of age at
the time such damage was done, it shall be presumed that such minor
was not committing a trespass or other tort, or teasing, tormenting or
abusing such dog, and the burden of proof thereof shall be upon the
defendant in such action. In an action under this section against a
household member of a law enforcement officer to whom has been
assigned a dog owned by a law enforcement agency of the state, any
political subdivision of the state or the federal government for damage
done by such dog, it shall be presumed that such household member is
not a keeper of such dog and the burden of proof shall be upon the
plaintiff to establish that such household member was a keeper of such
dog and had exclusive control of such dog at the time such damage was
sustained.
Sec. 41. Section 22-364b of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2024):
The owner or keeper of a dog shall restrain and control such dog on
a leash when such dog is not on the property of its owner or keeper and
is in proximity to a person with a disability accompanied by a service
animal, provided such service animal is readily identifiable as a service
animal, is in the direct custody of such person and is licensed in Substitute Senate Bill No. 426
Public Act No. 24-108 71 of 71
accordance with section 22-345. Any person who violates the provisions
of this section shall have committed an infraction. If an owner or keeper
of a dog violates the provisions of this section and, as a result of such
violation, such dog attacks and injures the service animal, such owner,
[or] keeper, or both, shall be liable, as provided in section 22-357, as
amended by this act, for any damage done to such service animal, and
such liability shall include liability for any costs incurred by such person
for the veterinary care, rehabilitation or replacement of the injured
service animal and for reasonable attorney's fees.
Sec. 42. Subsection (a) of section 54-142t of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(a) The Department of Emergency Services and Public Protection, in
consultation with the Judicial Branch and the Criminal Justice
Information System Governing Board established pursuant to section
54-142q, shall develop and implement automated processes for erasure
pursuant to section 54-142a. Any agency holding records subject to such
automated processes for erasure, including, but not limited to, the
Department of Correction, the Division of Criminal Justice, the Judicial
Branch and the Criminal Justice Information System Governing Board,
shall assist the Department of Emergency Services and Public Protection
in carrying out such automated processes for erasure and shall provide
all necessary information to the Department of Emergency Services and
Public Protection.
Sec. 43. Section 9 of public act 24-18 is repealed. (Effective from passage)
Sec. 44. Sections 51-59 and 51-185 of the general statutes are repealed.
(Effective July 1, 2024)