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Connecticut Senate Bill SB00426

Connecticut 2024 Regular Session

Connecticut Senate Bill SB00426 Compare Versions

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22
3-
4-Substitute Senate Bill No. 426
5-
6-Public Act No. 24-108
7-
8-
9-AN ACT CONCERNING COURT OPERATIONS AND
10-ADMINISTRATIVE PROCEEDINGS.
3+LCO 1 of 62
4+
5+General Assembly Substitute Bill No. 426
6+February Session, 2024
7+
8+
9+
10+
11+AN ACT CONCERNING COURT OPERATIONS AND ADMINISTRATIVE
12+PROCEEDINGS.
1113 Be it enacted by the Senate and House of Representatives in General
1214 Assembly convened:
1315
14-Section 1. Subdivision (1) of subsection (a) of section 4a-60 of the
15-general statutes is repealed and the following is substituted in lieu
16-thereof (Effective July 1, 2024):
17-(1) The contractor agrees and warrants that in the performance of the
18-contract such contractor will not discriminate or permit discrimination
19-against any person or group of persons on the grounds of race, color,
20-religious creed, age, marital status, national origin, ancestry, sex, gender
21-identity or expression, status as a veteran, status as a victim of domestic
22-violence, intellectual disability, mental disability or physical disability,
23-including, but not limited to, blindness, unless it is shown by such
24-contractor that such disability prevents performance of the work
25-involved, in any manner prohibited by the laws of the United States or
26-of the state of Connecticut; and the contractor further agrees to take
27-affirmative action to ensure that applicants with job-related
28-qualifications are employed and that employees are treated when
29-employed without regard to their race, color, religious creed, age,
30-marital status, national origin, ancestry, sex, gender identity or
31-expression, status as a veteran, status as a victim of domestic violence, Substitute Senate Bill No. 426
32-
33-Public Act No. 24-108 2 of 71
34-
35-intellectual disability, mental disability or physical disability, including,
36-but not limited to, blindness, unless it is shown by such contractor that
37-such disability prevents performance of the work involved;
38-Sec. 2. Subsection (b) of section 14-140 of the general statutes is
39-repealed and the following is substituted in lieu thereof (Effective July 1,
40-2024):
41-(b) If any person so arrested or summoned wilfully fails to appear for
42-any scheduled court appearance at the time and place assigned, or if any
43-person charged with an infraction involving the use of a motor vehicle,
44-or with a motor vehicle violation specified in section 51-164n, wilfully
45-fails to comply with remote events and deadlines set by the court for
46-infractions and violations specified in section 51-164n or fails to pay the
47-fine and any additional fee imposed or send in his plea of not guilty by
48-the answer date or wilfully fails to appear for any scheduled court
49-appearance which may be required, or if any person fails to pay any
50-surcharge imposed under section 13b-70, any fee imposed under section
51-51-56a or any cost imposed under section 54-143 or 54-143a, a report of
52-such failure shall be sent to the commissioner by the court having
53-jurisdiction. The provisions of this section shall be extended to any
54-nonresident owner or operator of a motor vehicle residing in any state,
55-the proper authorities of which agree with the commissioner to revoke,
56-until personal appearance to answer the charge against him, his motor
57-vehicle registration certificate or operator's license, upon his failure to
58-appear for any scheduled court appearance. Any infractions or
59-violations, for which a report of failure to appear has been sent to the
60-commissioner under this subsection, that have not otherwise been
61-disposed of shall be dismissed by operation of law seven years after
62-such report was sent.
63-Sec. 3. Subsection (c) of section 29-38c of the 2024 supplement to the
64-general statutes is repealed and the following is substituted in lieu
65-thereof (Effective October 1, 2024): Substitute Senate Bill No. 426
66-
67-Public Act No. 24-108 3 of 71
68-
69-(c) A risk protection order issued under subsection (a) of this section,
70-may issue only on an affidavit sworn to by the complainant establishing
71-the grounds for issuing the order. A risk warrant issued under
72-subsection (a) of this section may issue only on an affidavit sworn to by
73-the complainant before the judge, either in person or electronically with
74-simultaneous sight and sound, establishing the grounds for issuing the
75-warrant. Any such affidavit shall be part of the court file. In determining
76-whether there is probable cause for a risk protection order and warrant,
77-if applicable, under subsection (a) of this section, the judge shall
78-consider: (1) Recent threats or acts of violence by such person directed
79-toward other persons; (2) recent threats or acts of violence by such
80-person directed toward such person's self; and (3) recent acts of cruelty
81-to animals as provided in subsection (b) of section 53-247 by such
82-person. In evaluating whether such recent threats or acts of violence
83-constitute probable cause to believe that such person poses a risk of
84-imminent personal injury to such person's self or to others, the judge
85-may consider other factors including, but not limited to (A) the reckless
86-use, display or brandishing of a firearm or other deadly weapon by such
87-person, (B) a history of the use, attempted use or threatened use of
88-physical force by such person against other persons, (C) prior
89-involuntary confinement of such person in a hospital for persons with
90-psychiatric disabilities, and (D) the illegal use of controlled substances
91-or abuse of alcohol by such person. In the case of a complaint made
92-under subsection (a) of this section, if the judge is satisfied that the
93-grounds for the complaint exist or that there is probable cause to believe
94-that such grounds exist, such judge shall issue a risk protection order
95-and warrant, if applicable, naming or describing the person, and, in the
96-case of the issuance of a warrant, the place or thing to be searched. The
97-order and warrant, if applicable, shall be directed to any police officer
98-of a regularly organized police department or any state police officer.
99-The order and warrant, if applicable, shall state the grounds or probable
100-cause for issuance and, in the case of a warrant, the warrant shall
101-command the officer to search within a reasonable time the person, Substitute Senate Bill No. 426
102-
103-Public Act No. 24-108 4 of 71
104-
105-place or thing named for any and all firearms and other deadly weapons
106-and ammunition. A copy of the order and warrant, if applicable, shall
107-be served upon the person named in the order not later than three days
108-prior to the hearing scheduled pursuant to subsection (e) of this section,
109-together with a notice informing the person that such person has the
110-right to a hearing under this section, the telephone number for the court
111-clerk who can inform the person of the date and time of such hearing
112-and the right to be represented by counsel at such hearing.
113-Sec. 4. Subsection (a) of section 46b-3 of the general statutes is
114-repealed and the following is substituted in lieu thereof (Effective from
115-passage):
116-(a) The [judges of the Superior Court] Chief Court Administrator
117-shall appoint such [domestic relations officers and other] family
118-relations personnel as [they deem] the Chief Court Administrator deems
119-necessary for the proper operation of the family relations sessions. The
120-salaries and duties of such officers shall be determined by the judges of
121-the Supreme Court in accordance with the compensation plan
122-established under section 51-12. For the purposes of any investigation
123-or pretrial conference the judge presiding at any family relations session
124-may employ the services of any probation officer, including those under
125-the direction of Adult Probation Services, physician, psychologist,
126-psychiatrist or family counselor. [Each person serving on July 1, 1978, in
127-the Court of Common Pleas appointed under the provisions of section
128-51-156c, revised to 1975, shall continue to serve in the Superior Court. In
129-no event shall the compensation of such person be affected solely as a
130-result of the transfer of jurisdiction provided in section 51-164s.] The
131-Chief Court Administrator may assign, reassign and modify the
132-assignments of such family relations personnel as [he] such
133-administrator deems necessary to be in the best interest of the
134-disposition of family relations matters. [Such family relations personnel
135-shall also be available to assist the courts of probate in cases involving Substitute Senate Bill No. 426
136-
137-Public Act No. 24-108 5 of 71
138-
139-judicial consent to marriage of a minor.]
140-Sec. 5. Section 46b-123 of the general statutes is repealed and the
141-following is substituted in lieu thereof (Effective from passage):
142-The [judges of the Superior Court, or in the discretion of the Chief
143-Court Administrator, a committee of said judges designated by the
144-Chief Court Administrator,] Chief Court Administrator shall appoint
145-such probation officers, probation aides, clerks, detention personnel,
146-clerical assistants and other personnel, including supervisory staff, as
147-[they deem] the Chief Court Administrator deems necessary for the
148-treatment and handling of juvenile matters within the venue districts
149-established under section 46b-142, as amended by this act. The Chief
150-Court Administrator may assign, reassign and modify the assignments
151-of such personnel and assign such duties within the Superior Court as
152-[he] the administrator deems necessary for the efficient operation of the
153-courts. [Any person serving in any such capacity in the Juvenile Court
154-on July 1, 1978, shall continue to serve in the Superior Court at the
155-compensation he was receiving in the Juvenile Court under the
156-compensation plan established pursuant to section 51-12, for the
157-remainder of any term to which he was appointed. In no event shall the
158-compensation of any such person be affected solely as a result of the
159-transfer of jurisdiction in section 51-164s. Any of such appointees] Any
160-appointee may be discharged by the [appointing authority] Chief Court
161-Administrator for cause and after hearing. The salaries of each of such
162-[officials] personnel shall be fixed by the judges of the Supreme Court,
163-subject to the provisions of section 51-12.
164-Sec. 6. Subsection (a) of section 46b-142 of the general statutes is
165-repealed and the following is substituted in lieu thereof (Effective from
166-passage):
167-(a) The Chief Court Administrator [, in consultation with the judges
168-of the Superior Court,] shall establish districts for the purpose of Substitute Senate Bill No. 426
169-
170-Public Act No. 24-108 6 of 71
171-
172-establishing venue in juvenile matters. All petitions concerning
173-delinquent children shall be heard within the district where the
174-delinquency is alleged to have occurred or where the child resides, in
175-the discretion of the court. All other petitions shall be heard within the
176-district where the child or youth resided at the time of the filing of the
177-petition, but for the purposes of this section any child or youth born in
178-any hospital or institution where the mother is confined at the time of
179-birth shall be deemed to have residence in the district wherein such
180-child's or youth's mother was living at the time of her admission to such
181-hospital or institution.
182-Sec. 7. Section 46b-207 of the general statutes is repealed and the
183-following is substituted in lieu thereof (Effective from passage):
184-The [court] Chief Court Administrator is authorized to establish and
185-maintain Support Enforcement Services and such offices thereof as [it
186-determines are] the administrator deems necessary for the proper
187-handling of the administrative details incident to proceedings under
188-sections 46b-231 and 46b-301 to 46b-425, inclusive, and may appoint
189-such personnel as necessary for the proper administration of the
190-nonjudicial functions of proceedings under sections 46b-231 and 46b-
191-301 to 46b-425, inclusive.
192-Sec. 8. Section 47a-35a of the general statutes is repealed and the
193-following is substituted in lieu thereof (Effective July 1, 2024):
194-(a) When any appeal is taken by the defendant occupying a dwelling
195-unit [as defined in section 47a-1] in an action of summary process, [he
196-shall, within the period allowed for taking such appeal, give a bond with
197-surety to the adverse party] the chief clerk of the Appellate Court, or the
198-chief clerk's designee, shall transmit notice of the pendency of the appeal
199-to the Superior Court that rendered the judgment that is the subject of
200-the appeal. Upon receipt of the notice of the pendency of such appeal,
201-the Superior Court shall schedule and conduct a hearing to guarantee Substitute Senate Bill No. 426
202-
203-Public Act No. 24-108 7 of 71
204-
205-payment for all rents that may accrue during the pendency of such
206-appeal. The Superior Court shall schedule and conduct such hearing not
207-later than fourteen days after the date of receiving notice of the
208-pendency of such appeal. After conducting such hearing the Superior
209-Court may order the defendant to deposit with the court (1) an amount
210-equal to the defendant's portion of the last-agreed upon rent, or [,] (2)
211-where no lease had existed, [for] an amount equal to the reasonable
212-value for such use and occupancy that may so accrue. [; provided the
213-court shall upon motion by the defendant and after] After hearing
214-thereon, the court shall order the defendant to deposit with the court
215-payments for the reasonable fair rental value of the use and occupancy
216-of the premises during the pendency of such appeal accruing from the
217-date of such order. Such order shall permit the payment of such amount
218-in monthly installments, as it becomes due. [, and compliance with such
219-order shall be a substitute for any bond required by this section.] If all
220-or a portion of the defendant's rent is being paid to the plaintiff by a
221-housing authority, municipality, state agency or similar entity, this
222-requirement shall be satisfied if the defendant deposits with the court
223-an amount equal to [his] the defendant's portion of the rent.
224-(b) In any other appeal the court on its own motion or on motion of
225-the parties, may fix a sufficient bond with surety to the adverse party in
226-such amount as it may determine.
227-(c) When any appeal is taken by a plaintiff in an action of summary
228-process, the court, upon motion of the plaintiff and after a hearing
229-thereon, shall order the defendant to deposit with the court payments
230-in monthly installments, as each payment becomes due, for the
231-reasonable fair rental value of the use and occupancy of the premises
232-during the pendency of the appeal accruing from the date of such order.
233-Sec. 9. Subsection (a) of section 47a-69 of the 2024 supplement to the
234-general statutes is repealed and the following is substituted in lieu
235-thereof (Effective from passage): Substitute Senate Bill No. 426
236-
237-Public Act No. 24-108 8 of 71
238-
239-(a) The [judges of the Superior Court or an authorized committee
240-thereof] Chief Court Administrator may appoint such housing
241-mediators as [they deem] the administrator deems necessary for the
242-purpose of assisting the court in the prompt and efficient hearing of
243-housing matters within the limit of their appropriation therefor. [Such
244-judges or such committee] The Chief Court Administrator shall appoint
245-not less than two such mediators for each of the judicial districts of
246-Hartford, New Haven and Bridgeport and may designate one of them
247-in each judicial district as chief housing mediator. [Such judges or
248-committee] The Chief Court Administrator shall also appoint not less
249-than three such housing mediators for all other judicial districts. The
250-housing mediators for the judicial district of New Haven shall assist the
251-court in the hearing of housing matters in the judicial district of
252-Waterbury, the housing mediators for the judicial district of Hartford
253-shall assist the court in the hearing of housing matters in the judicial
254-district of New Britain and the housing mediators for the judicial district
255-of Bridgeport shall assist the court in the hearing of housing matters in
256-the judicial district of Stamford-Norwalk.
257-Sec. 10. Section 51-27b of the general statutes is repealed and the
258-following is substituted in lieu thereof (Effective from passage):
259-There shall be sufficient offices of the Superior Court for the efficient
260-operation of the court. The number and location of the offices shall be
261-designated by the Chief Court Administrator. [, after consultation with
262-the judges of the Superior Court.]
263-Sec. 11. Section 51-51v of the general statutes is repealed and the
264-following is substituted in lieu thereof (Effective from passage):
265-(a) The [judges of the Superior Court, at their annual meeting in June,]
266-Chief Court Administrator shall appoint: (1) Chief clerks for the judicial
267-districts; (2) deputy chief clerks for those judicial districts designated by
268-[an authorized committee of the judges] the Chief Court Administrator; Substitute Senate Bill No. 426
269-
270-Public Act No. 24-108 9 of 71
271-
272-(3) first assistant clerks for those judicial districts designated by [an
273-authorized committee of the judges] the Chief Court Administrator; (4)
274-clerks for the geographical areas; (5) a clerk for the Centralized
275-Infractions Bureau; and (6) clerks for housing matters, including a chief
276-clerk for housing matters.
277-(b) The [judges of the Superior Court or an authorized committee
278-thereof] Chief Court Administrator shall appoint, as [is deemed] the
279-administrator deems necessary for the efficient operation of the courts,
280-(1) assistant clerks for judicial districts and geographical areas, and (2)
281-deputy clerks for those geographical areas designated by the [judges of
282-the Superior Court or an authorized committee thereof] Chief Court
283-Administrator.
284-(c) A [judge holding a session] chief clerk for a judicial district of the
285-Superior Court or such clerk's designee may, if [he] such clerk deems it
286-necessary, appoint a temporary assistant clerk or clerks for the Superior
287-Court. A temporary assistant clerk shall hold office for such time as is
288-deemed necessary for the convenient conduct of the business of the
289-court in which [he] such clerk was appointed and may at any time be
290-discharged by the [order of the senior acting judge holding court in]
291-chief clerk of the judicial district for which [he] such clerk was
292-appointed.
293-(d) The [judges of the Superior Court or an authorized committee of
294-Superior Court judges] Chief Court Administrator may, in [their] the
295-administrator's discretion, appoint such administrative and clerical
296-personnel as the business of the court requires.
297-(e) The [judges or an authorized committee thereof] Chief Court
298-Administrator may fill any vacancy which may occur in the clerks'
299-offices.
300-(f) The Chief Court Administrator may assign, reassign or modify the Substitute Senate Bill No. 426
301-
302-Public Act No. 24-108 10 of 71
303-
304-assignment of such clerical personnel as [he] the administrator deems
305-necessary for the efficient operation of the courts.
306-(g) Whenever the word "clerk" is used in the general statutes to mean
307-the clerk of the Superior Court, it shall, except with respect to
308-compensation, be construed to include any chief clerk, deputy chief
309-clerk, deputy clerk, assistant clerk of the court and the clerk of the
310-Centralized Infractions Bureau unless the context otherwise requires.
311-Sec. 12. Subsection (b) of section 51-60 of the general statutes is
312-repealed and the following is substituted in lieu thereof (Effective from
313-passage):
314-(b) The [judges of the Superior Court] Chief Court Administrator
315-shall appoint official court reporters for the court as the [judges or an
316-authorized committee thereof] administrator determines the business of
317-the court requires.
318-Sec. 13. Subsection (a) of section 51-90c of the general statutes is
319-repealed and the following is substituted in lieu thereof (Effective from
320-passage):
321-(a) The [judges of the Superior Court] Chief Court Administrator
322-shall appoint an attorney to act as State-Wide Bar Counsel, who shall
323-serve full-time, and such number of attorneys to act as assistant bar
324-counsel as are necessary. [, for a term of one year commencing July first.]
325-Any vacancy in the position of State-Wide Bar Counsel or assistant bar
326-counsel shall be filled by the [executive committee of the Superior Court
327-which shall appoint an attorney for the unexpired portion of the term]
328-Chief Court Administrator. Compensation of the State-Wide Bar
329-Counsel and assistant bar counsel shall be established by, and paid from
330-funds appropriated to, the Judicial Department.
331-Sec. 14. Subsection (a) of section 51-90d of the general statutes is
332-repealed and the following is substituted in lieu thereof (Effective from Substitute Senate Bill No. 426
333-
334-Public Act No. 24-108 11 of 71
335-
336-passage):
337-(a) The [judges of the Superior Court] Chief Court Administrator
338-shall appoint attorneys to serve as grievance counsel for grievance
339-panels and shall appoint one or more investigators. The investigators
340-shall be under the supervision of the State-Wide Bar Counsel and shall
341-serve the State-Wide Grievance Committee, the reviewing
342-subcommittees of the State-Wide Grievance Committee and the
343-grievance panels. [Grievance counsel and investigators shall serve for a
344-term of one year commencing July first. Any vacancy in the position of
345-grievance counsel or investigator shall be filled by the executive
346-committee of the Superior Court for the unexpired portion of the term.]
347-Compensation of the grievance counsel and investigator shall be
348-established by, and paid from funds appropriated to, the Judicial
349-Department. [Such appointees may be placed on the Judicial
350-Department payroll or be paid on a contractual basis.]
351-Sec. 15. Section 51-164m of the general statutes is repealed and the
352-following is substituted in lieu thereof (Effective from passage):
353-(a) The [judges of the Superior Court] Chief Court Administrator
354-shall establish and maintain a schedule of fines to be paid for the
355-violation of the sections of the general statutes deemed to be infractions.
356-The [judges of the Superior Court] Chief Court Administrator shall
357-establish and maintain a separate sliding scale of fines for speeding
358-infractions committed under section 14-219 with a minimum fine of fifty
359-dollars and the fine increasing in proportion to the severity of the
360-violation. The fines may be modified as the [judges of the Superior Court
361-deem] Chief Court Administrator deems advisable.
362-(b) The [judges of the Superior Court] Chief Court Administrator
363-shall establish and maintain a schedule of fines to be paid for those
364-violations of section 14-219 specified in subsection (e) of said section,
365-with such fines increasing in proportion to the severity of the violation Substitute Senate Bill No. 426
366-
367-Public Act No. 24-108 12 of 71
368-
369-and for violations under subsection (b) of section 51-164n. The fines may
370-be modified as the [judges of the Superior Court deem] Chief Court
371-Administrator deems advisable.
372-(c) (1) Except as provided in subdivision (2) of this subsection, no fine
373-established in accordance with the provisions of subsection (a) of this
374-section may be less than thirty-five dollars or more than ninety dollars.
375-(2) No fine established in accordance with the provisions of
376-subsection (a) of this section for a violation of any provision of title 14
377-deemed an infraction may be less than fifty dollars or more than ninety
378-dollars, except that fines established for parking tag violations may be
379-less than fifty dollars.
380-(d) No fine established in accordance with the provisions of
381-subsection (b) of this section may be in an amount in excess of the
382-maximum amount specified by statute for such violation.
383-(e) Any infraction for which a fine has not been established pursuant
384-to the provisions of subsection (a) of this section shall carry a fine of
385-thirty-five dollars or, if the infraction is for a violation of any provision
386-of title 14, fifty dollars, until such time as the [judges of the Superior
387-Court] Chief Court Administrator may establish a different fine for such
388-infraction.
389-(f) Any violation for which a fine has not been established pursuant
390-to subsection (b) of this section shall carry a fine of one hundred dollars
391-or the maximum fine specified by statute for such violation, whichever
392-is less.
393-Sec. 16. Subsection (d) of section 51-193c of the general statutes is
394-repealed and the following is substituted in lieu thereof (Effective October
395-1, 2024):
396-(d) Any notice, order, judgment, decision, decree, memorandum, Substitute Senate Bill No. 426
397-
398-Public Act No. 24-108 13 of 71
399-
400-ruling, opinion, mittimus, warrant and any form related to such
401-warrant, affidavit, finding or similar document that is issued by the
402-Superior Court or by a judge, judge trial referee or family support
403-magistrate thereof, by a magistrate appointed pursuant to section 51-
404-193l or by a commissioner of the Superior Court approved by the Chief
405-Court Administrator to hear small claims pursuant to section 52-549d,
406-may be signed or verified by computer or facsimile transmission or by
407-employing other technology in accordance with procedures and
408-technical standards, if any, established by the Office of the Chief Court
409-Administrator, and such notice, order, judgment, decision, decree,
410-memorandum, ruling, opinion, mittimus, warrant and any form related
411-to such warrant, affidavit, finding or similar document shall have the
412-same validity and status as a paper document that was signed or
413-verified by the Superior Court or by a judge, judge trial referee or family
414-support magistrate thereof, by a magistrate appointed pursuant to
415-section 51-193l or by a commissioner of the Superior Court approved by
416-the Chief Court Administrator to hear small claims pursuant to section
417-52-549d.
418-Sec. 17. Section 51-237 of the general statutes is repealed and the
419-following is substituted in lieu thereof (Effective from passage):
420-Each juror, duly chosen, drawn and summoned, who fails to appear
421-shall be subject to a civil penalty, the amount of which shall be
422-established by the [judges of the Superior Court] Chief Court
423-Administrator, but the court may excuse such juror from the payment
424-thereof. If a sufficient number of the jurors summoned do not appear, or
425-if for any cause there is not a sufficient number of jurors to make up the
426-panel, the court may order such number of persons who qualify for jury
427-service under section 51-217 to be summoned as may be necessary, as
428-talesmen, and any talesman so summoned who makes default of
429-appearance without sufficient cause shall be subject to a civil penalty,
430-the amount of which shall be established by the [judges of the Superior Substitute Senate Bill No. 426
431-
432-Public Act No. 24-108 14 of 71
433-
434-Court] Chief Court Administrator. The provisions of this section shall
435-be enforced by the Attorney General within available appropriations.
436-Sec. 18. Subsection (a) of section 51-348 of the general statutes is
437-repealed and the following is substituted in lieu thereof (Effective from
438-passage):
439-(a) The geographical areas of the Court of Common Pleas established
440-pursuant to section 51-156a, revised to 1975, shall be the geographical
441-areas of the Superior Court on July 1, 1978. The Chief Court
442-Administrator [, after consultation with the judges of the Superior
443-Court,] may alter the boundary of any geographical area to provide for
444-a new geographical area provided [that] each geographical area so
445-altered or so authorized shall remain solely within the boundary of a
446-single judicial district.
447-Sec. 19. Subsection (d) of section 54-33a of the general statutes is
448-repealed and the following is substituted in lieu thereof (Effective October
449-1, 2024):
450-(d) A warrant may issue only on affidavit sworn to by the
451-complainant or complainants before the judge or judge trial referee,
452-either in person or electronically with simultaneous sight and sound,
453-and establishing the grounds for issuing the warrant, which affidavit
454-shall be part of the arrest file. If the judge or judge trial referee is satisfied
455-that grounds for the application exist or that there is probable cause to
456-believe that grounds for the application exist, the judge or judge trial
457-referee shall issue a warrant identifying the property and naming or
458-describing the person, place or thing to be searched or authorizing the
459-installation and use of a tracking device and identifying the person on
460-which or the property to, in or on which the tracking device is to be
461-installed. The warrant shall be directed to any police officer of a
462-regularly organized police department or any state police officer, to an
463-inspector in the Division of Criminal Justice, to a conservation officer, Substitute Senate Bill No. 426
464-
465-Public Act No. 24-108 15 of 71
466-
467-special conservation officer or patrolman acting pursuant to section 26-
468-6 or to a sworn motor vehicle inspector acting under the authority of
469-section 14-8. Except for a warrant for the installation and use of a
470-tracking device, the warrant shall state the date and time of its issuance
471-and the grounds or probable cause for its issuance and shall command
472-the officer to search within a reasonable time the person, place or thing
473-named, for the property specified. A warrant for the installation and use
474-of a tracking device shall state the date and time of its issuance and the
475-grounds or probable cause for its issuance and shall command the
476-officer to complete the installation of the device within a specified
477-period not later than ten days after the date of its issuance and authorize
478-the installation and use of the tracking device, including the collection
479-of data through such tracking device, for a reasonable period of time not
480-to exceed thirty days from the date the tracking device is installed. Upon
481-request and a showing of good cause, a judge or judge trial referee may
482-authorize the use of the tracking device for an additional period of thirty
483-days.
484-Sec. 20. Section 54-63c of the general statutes is repealed and the
485-following is substituted in lieu thereof (Effective July 1, 2024):
486-(a) Except in cases of arrest pursuant to a bench warrant of arrest in
487-which the court or a judge thereof has indicated that bail should be
488-denied or ordered that the officer or indifferent person making such
489-arrest shall, without undue delay, bring such person before the clerk or
490-assistant clerk of the superior court for the geographical area under
491-section 54-2a, when any person is arrested for a bailable offense, the
492-chief of police, or the chief's authorized designee, of the police
493-department having custody of the arrested person or any probation
494-officer serving a violation of probation warrant shall promptly advise
495-such person of the person's rights under section 54-1b, and of the
496-person's right to be interviewed concerning the terms and conditions of
497-release. Unless the arrested person waives or refuses such interview, the Substitute Senate Bill No. 426
498-
499-Public Act No. 24-108 16 of 71
500-
501-police officer or probation officer shall promptly interview the arrested
502-person to obtain information relevant to the terms and conditions of the
503-person's release from custody, and shall seek independent verification
504-of such information where necessary. At the request of the arrested
505-person, the person's counsel may be present during the interview. No
506-statement made by the arrested person in response to any question
507-during the interview related to the terms and conditions of release shall
508-be admissible as evidence against the arrested person in any proceeding
509-arising from the incident for which the conditions of release were set.
510-After such a waiver, refusal or interview, the police officer or probation
511-officer shall promptly order release of the arrested person upon the
512-execution of a written promise to appear or the posting of such bond as
513-may be set by the police officer or probation officer, except that no
514-condition of release set by the court or a judge thereof may be modified
515-by such officers and no person shall be released upon the execution of a
516-written promise to appear or the posting of a bond without surety if the
517-person is charged with the commission of a family violence crime, as
518-defined in section 46b-38a, and in the commission of such crime the
519-person used or threatened the use of a firearm.
520-(b) If the person is charged with the commission of a family violence
521-crime, as defined in section 46b-38a, and the police officer does not
522-intend to impose nonfinancial conditions of release pursuant to this
523-subsection, the police officer shall, pursuant to the procedure set forth
524-in subsection (a) of this section, promptly order the release of such
525-person upon the execution of a written promise to appear or the posting
526-of such bond as may be set by the police officer. If such person is not so
527-released, the police officer shall make reasonable efforts to immediately
528-contact a bail commissioner or an intake, assessment and referral
529-specialist employed by the Judicial Branch to set the conditions of such
530-person's release pursuant to section 54-63d. If, after making such
531-reasonable efforts, the police officer is unable to contact a bail
532-commissioner or an intake, assessment and referral specialist or contacts Substitute Senate Bill No. 426
533-
534-Public Act No. 24-108 17 of 71
535-
536-a bail commissioner or an intake, assessment and referral specialist but
537-such bail commissioner or intake, assessment and referral specialist is
538-unavailable to promptly perform such bail commissioner's or intake,
539-assessment and referral specialist's duties pursuant to section 54-63d,
540-the police officer shall, pursuant to the procedure set forth in subsection
541-(a) of this section, order the release of such person upon the execution
542-of a written promise to appear or the posting of such bond as may be set
543-by the police officer and may impose nonfinancial conditions of release
544-which may require that the arrested person do one or more of the
545-following: (1) Avoid all contact with the alleged victim of the crime, (2)
546-comply with specified restrictions on the person's travel, association or
547-place of abode that are directly related to the protection of the alleged
548-victim of the crime, or (3) not use or possess a dangerous weapon,
549-intoxicant or controlled substance. Any such nonfinancial conditions of
550-release shall be indicated on a form prescribed by the Judicial Branch
551-and sworn to by the police officer. Such form shall articulate (A) the
552-efforts that were made to contact a bail commissioner or an intake,
553-assessment and referral specialist, (B) the specific factual basis relied
554-upon by the police officer to impose the nonfinancial conditions of
555-release, and (C) if the arrested person was non-English-speaking, that
556-the services of a translation service or interpreter were used. A copy of
557-that portion of the form that indicates the nonfinancial conditions of
558-release shall immediately be provided to the arrested person. A copy of
559-the entire form shall be provided to counsel for the arrested person at
560-arraignment. Any nonfinancial conditions of release imposed pursuant
561-to this subsection shall remain in effect until the arrested person is
562-presented before the Superior Court pursuant to subsection (a) of
563-section 54-1g. On such date, the court shall conduct a hearing pursuant
564-to section 46b-38c at which the defendant is entitled to be heard with
565-respect to the issuance of a protective order.
566-(c) Notwithstanding the provisions of chapter 14 and this chapter, the
567-police officer shall provide to the bail commissioner or the intake Substitute Senate Bill No. 426
568-
569-Public Act No. 24-108 18 of 71
570-
571-assessment and referral specialist identifying information about the
572-victim of the crime or crimes with which the arrested person is charged,
573-including, but not limited to, the victim's name, address and phone
574-number, if available, for the purpose of carrying out such bail
575-commissioner's or intake assessment and referral specialist's duties.
576-[(c)] (d) When cash bail in excess of ten thousand dollars is received
577-for a detained person accused of a felony, where the underlying facts
578-and circumstances of the felony involve the use, attempted use or
579-threatened use of physical force against another person, the police
580-officer shall prepare a report that contains (1) the name, address and
581-taxpayer identification number of the accused person, (2) the name,
582-address and taxpayer identification number of each person offering the
583-cash bail, other than a person licensed as a professional bondsman
584-under chapter 533 or a surety bail bond agent under chapter 700f, (3) the
585-amount of cash received, and (4) the date the cash was received. Not
586-later than fifteen days after receipt of such cash bail, the police officer
587-shall file the report with the Department of Revenue Services and mail
588-a copy of the report to the state's attorney for the judicial district in
589-which the alleged offense was committed and to each person offering
590-the cash bail.
591-[(d)] (e) No police officer or probation officer serving a violation of
592-probation warrant shall set the terms and conditions of a person's
593-release, set a bond for a person or release a person from custody under
594-this section unless the police officer or probation officer has first checked
595-the National Crime Information Center [(NCIC)] computerized index of
596-criminal justice information to determine if such person is listed in such
597-index.
598-[(e)] (f) If the arrested person has not posted bail, the police officer or
599-probation officer serving a violation of probation warrant shall
600-immediately notify a bail commissioner or an intake, assessment and
601-referral specialist. Substitute Senate Bill No. 426
602-
603-Public Act No. 24-108 19 of 71
604-
605-[(f)] (g) The chief, acting chief, superintendent of police, the
606-Commissioner of Emergency Services and Public Protection, any
607-captain or lieutenant of any local police department or the Division of
608-State Police within the Department of Emergency Services and Public
609-Protection or any person lawfully exercising the powers of any such
610-officer may take a written promise to appear or a bond with or without
611-surety from an arrested person as provided in subsection (a) of this
612-section, or as fixed by the court or any judge thereof, may administer
613-such oaths as are necessary in the taking of promises or bonds and shall
614-file any report required under subsection [(c)] (d) of this section.
615-Sec. 21. Subsection (b) of section 54-91c of the general statutes is
616-repealed and the following is substituted in lieu thereof (Effective July 1,
617-2024):
618-(b) Prior to the imposition of sentence upon any defendant who has
619-been found guilty of any crime or has pleaded guilty or nolo contendere
620-to any crime, and prior to the acceptance by the court of a plea of guilty
621-or nolo contendere made pursuant to a plea agreement with the state,
622-[wherein the defendant pleads to a lesser offense than the offense with
623-which such defendant was originally charged,] the court shall permit
624-any victim of the crime to appear before the court for the purpose of
625-making a statement for the record, which statement may include the
626-victim's opinion of any plea agreement. In lieu of such appearance, the
627-victim may submit a written statement or, if the victim of the crime is
628-deceased, the legal representative or a member of the immediate family
629-of such deceased victim may submit a statement of such deceased victim
630-to the state's attorney, assistant state's attorney or deputy assistant
631-state's attorney in charge of the case. Such state's attorney, assistant
632-state's attorney or deputy assistant state's attorney shall file the
633-statement with the sentencing court and the statement shall be made a
634-part of the record at the sentencing hearing. Any such statement,
635-whether oral or written, shall relate to the facts of the case, the Substitute Senate Bill No. 426
636-
637-Public Act No. 24-108 20 of 71
638-
639-appropriateness of any penalty and the extent of any injuries, financial
640-losses and loss of earnings directly resulting from the crime for which
641-the defendant is being sentenced. The court shall inquire on the record
642-whether any victim is present for the purpose of making an oral
643-statement or has submitted a written statement. If no victim is present
644-and no such written statement has been submitted, the court shall
645-inquire on the record whether an attempt has been made to notify any
646-such victim as provided in subdivision (1) of subsection (c) of this
647-section or, if the defendant was originally charged with a violation of
648-section 53a-167c for assaulting a peace officer, whether the peace officer
649-has been personally notified as provided in subdivision (2) of subsection
650-(c) of this section. After consideration of any such statements, the court
651-may refuse to accept, where appropriate, a negotiated plea or sentence,
652-and the court shall give the defendant an opportunity to enter a new
653-plea and to elect trial by jury or by the court.
654-Sec. 22. Section 54-201 of the general statutes is repealed and the
655-following is substituted in lieu thereof (Effective July 1, 2024):
656-As used in sections 54-201 to 54-235, inclusive, as amended by this
657-act:
658-(1) "Victim" means a person who is injured or killed as provided in
659-section 54-209;
660-(2) "Personal injury" means (A) actual bodily harm or emotional harm
661-and includes pregnancy and any condition thereof, or (B) injury or death
662-to a service animal owned or kept by a person with a disability;
663-(3) "Dependent" means any relative of a deceased victim or a person
664-designated by a deceased victim in accordance with section 1-56r who
665-was wholly or partially dependent upon his income at the time of his
666-death or the child of a deceased victim and shall include the child of
667-such victim born after his death; Substitute Senate Bill No. 426
668-
669-Public Act No. 24-108 21 of 71
670-
671-(4) "Relative" means a person's spouse, parent, grandparent,
672-stepparent, aunt, uncle, niece, nephew, child, including a natural born
673-child, stepchild and adopted child, grandchild, brother, sister, half
674-brother or half sister or a parent of a person's spouse;
675-(5) "Crime" means any act which is a felony, as defined in section 53a-
676-25, or misdemeanor, as defined in section 53a-26, and includes any crime
677-committed by a juvenile; and
678-(6) "Emotional harm" means a mental or emotional impairment that
679-[requires treatment through services and that] is directly attributable to
680-a threat of (A) physical injury, as defined in subdivision (3) of section
681-53a-3, or (B) death to the affected person.
682-Sec. 23. Section 54-203 of the general statutes is repealed and the
683-following is substituted in lieu thereof (Effective July 1, 2024):
684-(a) There is established an Office of Victim Services within the Judicial
685-Department.
686-(b) The Office of Victim Services shall have the following powers and
687-duties:
688-(1) To direct each hospital, whether public or private, each university
689-or college health services center, whether public or private, and each
690-community health center, as defined in section 19a-490a, to prominently
691-display posters in a conspicuous location giving notice of the availability
692-of compensation and assistance to victims of crime or their dependents
693-pursuant to sections 54-201 to 54-218, inclusive, as amended by this act,
694-and to direct every law enforcement agency of the state to inform
695-victims of crime or their dependents of their rights pursuant to sections
696-54-201 to 54-218, inclusive, as amended by this act;
697-(2) To obtain from the office of the state's attorney, state police, local
698-police departments or any law enforcement agency such investigation Substitute Senate Bill No. 426
699-
700-Public Act No. 24-108 22 of 71
701-
702-and data as will enable the Office of Victim Services to determine if in
703-fact the applicant was a victim of a crime or attempted crime and the
704-extent, if any, to which the victim or claimant was responsible for his
705-own injury, including, but not limited to, a request for information form
706-promulgated by the Office of Victim Services;
707-(3) To request from the Department of Correction, other units of the
708-Judicial Department and the Board of Pardons and Paroles such
709-information as will enable the Office of Victim Services to determine if
710-in fact a person who has requested notification pursuant to section 54-
711-228 was a victim of a crime;
712-(4) To take or cause to be taken affidavits or depositions within or
713-without the state;
714-(5) To apply for, receive, allocate, disburse and account for grants of
715-funds made available by the United States, by the state, foundations,
716-corporations and other businesses, agencies or individuals to implement
717-a program for victim services which shall assist witnesses and victims
718-of crimes as the Office of Victim Services deems appropriate within the
719-resources available and to coordinate services to victims by state and
720-community-based agencies, with priority given to victims of violent
721-crimes, by (A) assigning such victim advocates as are necessary to
722-provide assistance; (B) administering victim service programs; and (C)
723-awarding grants or purchase of service contracts to private nonprofit
724-organizations or local units of government for the direct delivery of
725-services, except that the provision of training and technical assistance of
726-victim service providers and the development and implementation of
727-public education campaigns may be provided by private nonprofit or
728-for-profit organizations or local units of government. Such grants and
729-contracts shall be the predominant method by which the Office of
730-Victim Services shall develop, implement and operate direct service
731-programs and provide training and technical assistance to victim service
732-providers; Substitute Senate Bill No. 426
733-
734-Public Act No. 24-108 23 of 71
735-
736-(6) To provide each person who applies for compensation pursuant
737-to section 54-204, within ten days of the date of receipt of such
738-application, with a written list of rights of victims of crime involving
739-personal injury and the programs available in this state to assist such
740-victims. The Office of Victim Services, the state or any agent, employee
741-or officer thereof shall not be liable for the failure to supply such list or
742-any alleged inadequacies of such list. Such list shall include, but not be
743-limited to:
744-(A) Subject to the provisions of sections 18-81e and 51-286e, the victim
745-shall have the right to be informed concerning the status of his or her
746-case and to be informed of the release from custody of the defendant;
747-(B) Subject to the provisions of section 54-91c, as amended by this act,
748-the victim shall have the right to present a statement of his or her losses,
749-injuries and wishes to the prosecutor and the court prior to the
750-acceptance by the court of a plea of guilty or nolo contendere made
751-pursuant to a plea agreement with the state wherein the defendant
752-pleads to a lesser offense than the offense with which the defendant was
753-originally charged;
754-(C) Subject to the provisions of section 54-91c, as amended by this act,
755-prior to the imposition of sentence upon the defendant, the victim shall
756-have the right to submit a statement to the prosecutor as to the extent of
757-any injuries, financial losses and loss of earnings directly resulting from
758-the crime. Upon receipt of the statement, the prosecutor shall file the
759-statement with the sentencing court and the statement shall be made a
760-part of the record and considered by the court at the sentencing hearing;
761-(D) Subject to the provisions of section 54-126a, the victim shall have
762-the right to appear before a panel of the Board of Pardons and Paroles
763-and make a statement as to whether the defendant should be released
764-on parole and any terms or conditions to be imposed upon any such
765-release; Substitute Senate Bill No. 426
766-
767-Public Act No. 24-108 24 of 71
768-
769-(E) Subject to the provisions of section 54-36a, the victim shall have
770-the right to have any property the victim owns which was seized by
771-police in connection with an arrest to be returned;
772-(F) Subject to the provisions of sections 54-56e and 54-142c, the victim
773-shall have the right to be notified of the application by the defendant for
774-the pretrial program for accelerated rehabilitation and to obtain from
775-the court information as to whether the criminal prosecution in the case
776-has been dismissed;
777-(G) Subject to the provisions of section 54-85b, the victim cannot be
778-fired, harassed or otherwise retaliated against by an employer for
779-appearing under a subpoena as a witness in any criminal prosecution;
780-(H) Subject to the provisions of section 54-86g, the parent or legal
781-guardian of a child twelve years of age or younger who is a victim of
782-child abuse or sexual assault may request special procedural
783-considerations to be taken during the testimony of the child;
784-(I) Subject to the provisions of section 46b-15, the victim of assault by
785-a spouse or former spouse, family or household member has the right
786-to request the arrest of the offender, request a protective order and apply
787-for a restraining order;
788-(J) Subject to the provisions of sections 52-146k, 54-86e and 54-86f, the
789-victim of sexual assault or domestic violence can expect certain records
790-to remain confidential; and
791-(K) Subject to the provisions of section 53a-32, the victim and any
792-victim advocate assigned to assist the victim may receive notification
793-from a probation officer whenever the officer has notified a police officer
794-that the probation officer has probable cause to believe that the offender
795-has violated a condition of such offender's probation;
796-(7) Within available appropriations, to maintain a victim's assistance Substitute Senate Bill No. 426
797-
798-Public Act No. 24-108 25 of 71
799-
800-center which shall (A) make available to victims information regarding
801-victim's rights and available services, (B) maintain a victims' notification
802-system pursuant to sections 54-227 to 54-230a, inclusive, and 54-235, and
803-(C) maintain a toll-free number for access to information regarding
804-victims' rights and available services;
805-(8) To provide a telephone helpline that shall provide information on
806-referrals for various services for victims of crime and their families;
807-(9) To provide staff services to a state advisory council. The council
808-shall consist of not more than [fifteen] twenty members to be appointed
809-by the Chief Justice and shall include the Chief Victim Compensation
810-Commissioner and members who represent victim populations,
811-including but not limited to, homicide survivors, family violence
812-victims, sexual assault victims, victims of gun violence, victims of drunk
813-drivers, and assault and robbery victims, and members who represent
814-the judicial branch and executive branch agencies involved with victims
815-of crime. The members shall serve for terms of four years. Any vacancy
816-in the membership shall be filled by the appointing authority for the
817-balance of the unexpired term. The members shall receive no
818-compensation for their services. The council shall meet at least four
819-times a year. The council shall recommend to the Office of Victim
820-Services program, legislative or other matters which would improve
821-services to victims of crime and develop and coordinate needs
822-assessments for both court-based and community-based victim services.
823-The Chief Justice shall appoint two members to serve as cochairpersons.
824-Not later than December fifteenth of each year, the council shall report
825-the results of its findings and activities to the Chief Court Administrator;
826-(10) To utilize such voluntary and uncompensated services of private
827-individuals, agencies and organizations as may from time to time be
828-offered and needed;
829-(11) To recommend policies and make recommendations to agencies Substitute Senate Bill No. 426
830-
831-Public Act No. 24-108 26 of 71
832-
833-and officers of the state and local subdivisions of government relative to
834-victims of crime;
835-(12) To provide support and assistance to state-wide victim services
836-coalitions and groups;
837-(13) To provide a training program for judges, prosecutors, police,
838-probation and parole personnel, bail commissioners, intake, assessment
839-and referral specialists, officers from the Department of Correction and
840-judicial marshals to inform them of victims' rights and available
841-services;
842-(14) To (A) maintain, within available appropriations, a sexual assault
843-forensic examiners program that will train and make available sexual
844-assault forensic examiners to adolescent and adult victims of sexual
845-assault who are patients at participating health care facilities. In order
846-to maintain such program, the Office of Victim Services may apply for,
847-receive, allocate, disburse and account for grants of funds made
848-available by the United States, the state, foundations, corporations and
849-other businesses, agencies or individuals; or (B) establish, within
850-available appropriations, a training program for health care
851-professionals on the care of and collection of evidence from adolescent
852-and adult victims of sexual assault;
853-(15) To provide victims of crime and the general public with
854-information detailing the process by which a victim may register to
855-receive notices of hearings of the Board of Pardons and Paroles; and
856-(16) To submit to the joint standing committee of the General
857-Assembly having cognizance of matters relating to [victim services] the
858-judiciary, in accordance with the provisions of section 11-4a, on or
859-before January 15, 2000, and biennially thereafter a report of its activities
860-under sections 54-201 to 54-235, inclusive, as amended by this act.
861-Sec. 24. Subsection (a) of section 54-210 of the general statutes is Substitute Senate Bill No. 426
862-
863-Public Act No. 24-108 27 of 71
864-
865-repealed and the following is substituted in lieu thereof (Effective July 1,
866-2024):
867-(a) The Office of Victim Services or a victim compensation
868-commissioner may order the payment of compensation under sections
869-54-201 to 54-218, inclusive, as amended by this act, for: (1) Expenses
870-actually and reasonably incurred as a result of the personal injury or
871-death of the victim, provided coverage for the cost of medical care and
872-treatment of a crime victim who does not have medical insurance or
873-who has exhausted coverage under applicable health insurance policies
874-or Medicaid shall be ordered; (2) loss of earning power as a result of total
875-or partial incapacity of such victim; (3) pecuniary loss to the spouse or
876-dependents of the deceased victim, provided the family qualifies for
877-compensation as a result of murder or manslaughter of the victim; (4)
878-pecuniary loss to an injured victim or the relatives or dependents of an
879-injured victim or a deceased victim for attendance at court proceedings,
880-juvenile proceedings, Psychiatric Security Review Board hearings and
881-Board of Pardons and Parole hearings with respect to the criminal case
882-of the person or persons charged with committing the crime that
883-resulted in the injury or death of the victim; (5) loss of wages by any
884-parent or guardian of a deceased victim, provided the amount paid
885-under this subsection shall not exceed one week's net wage; and (6) any
886-other loss, except as set forth in section 54-211, as amended by this act,
887-resulting from the personal injury or death of the victim which the
888-Office of Victim Services or a victim compensation commissioner, as the
889-case may be, determines to be reasonable.
890-Sec. 25. Section 54-211 of the general statutes is repealed and the
891-following is substituted in lieu thereof (Effective July 1, 2024):
892-(a) (1) No order for the payment of compensation shall be made
893-under section 54-210, as amended by this act, unless (A) the application
894-has been made within [two] three years after the date of the personal
895-injury or death, (B) the personal injury or death was the result of an Substitute Senate Bill No. 426
896-
897-Public Act No. 24-108 28 of 71
898-
899-incident or offense listed in section 54-209, and (C) such incident or
900-offense has been reported to the police, [within five days of its
901-occurrence or, if the incident or offense could not reasonably have been
902-reported within such period, within five days of the time when a report
903-could reasonably have been made,] except that a victim of a sexual
904-assault shall not be ineligible for the payment of compensation by
905-reason of failing to make a report pursuant to this subparagraph if such
906-victim presented himself or herself to a health care facility within one
907-hundred twenty hours of such sexual assault for examination and
908-collection of evidence of such sexual assault in accordance with the
909-provisions of section 19a-112a, or if such victim complied with
910-subsection (d) of section 54-209. (2) Notwithstanding the provisions of
911-subdivision (1) of this subsection, any person who, before, on or after
912-October 1, 2005, fails to make application for compensation within [two]
913-three years after the date of the personal injury or death as a result of
914-physical, emotional or psychological injuries caused by such personal
915-injury or death may apply for a waiver of such time limitation. The
916-Office of Victim Services, upon a finding of such physical, emotional or
917-psychological injury, may grant such waiver. (3) Notwithstanding the
918-provisions of subdivision (1) of this subsection, any minor, including,
919-but not limited to, a minor who is a victim of conduct by another person
920-that constitutes a violation of section 53a-192a or a criminal violation of
921-18 USC Chapter 77, who, before, on or after October 1, 2005, fails to make
922-application for compensation within [two] three years after the date of
923-the personal injury or death through no fault of the minor, may apply
924-for a waiver of such time limitation. The Office of Victim Services, upon
925-a finding that such minor is not at fault, may grant such waiver. (4)
926-Notwithstanding the provisions of subdivision (1) of this subsection, a
927-person who is a dependent of a victim may make application for
928-payment of compensation not later than [two] three years from the date
929-that such person discovers or in the exercise of reasonable care should
930-have discovered that the person upon whom the applicant was
931-dependent was a victim. Such person shall file with such application a Substitute Senate Bill No. 426
932-
933-Public Act No. 24-108 29 of 71
934-
935-statement signed under penalty of false statement setting forth the date
936-when such person discovered that the person upon whom the applicant
937-was dependent was a victim and the circumstances that prevented such
938-person discovering that the person upon whom the applicant was
939-dependent was a victim until more than [two] three years after the date
940-of the incident or offense. There shall be a rebuttable presumption that
941-a person who files such a statement and is otherwise eligible for
942-compensation pursuant to sections 54-201 to 54-218, inclusive, as
943-amended by this act, is entitled to compensation. (5) Any waiver denied
944-by the Office of Victim Services under this subsection may be reviewed
945-by a victim compensation commissioner, provided such request for
946-review is made by the applicant within thirty days from the mailing of
947-the notice of denial by the Office of Victim Services. If a victim
948-compensation commissioner grants such waiver, the commissioner
949-shall refer the application for compensation to the Office of Victim
950-Services for a determination pursuant to section 54-205. (6)
951-Notwithstanding the provisions of subdivision (1), (2) or (3) of this
952-subsection, the Office of Victim Services may, for good cause shown and
953-upon a finding of compelling equitable circumstances, waive the time
954-limitations of subdivision (1) of this subsection.
955-(b) No compensation shall be awarded if: (1) The offender is unjustly
956-enriched by the award, provided compensation awarded to a victim
957-which would benefit the offender in a minimal or inconsequential
958-manner shall not be considered unjust enrichment; (2) the victim
959-violated a penal law of this state, which violation caused or contributed
960-to [his] such victim's injuries or death.
961-(c) Except as provided in subsection (d) of this section, no
962-compensation shall be awarded for losses sustained for crimes against
963-property or for noneconomic detriment such as pain and suffering.
964-(d) (1) [No compensation shall be in an amount in excess of fifteen
965-thousand dollars for personal injury except that:] (A) Compensation for Substitute Senate Bill No. 426
966-
967-Public Act No. 24-108 30 of 71
968-
969-personal injury shall be in an amount not to exceed fifteen thousand
970-dollars; (B) compensation to or for the benefit of the dependents of a
971-homicide victim shall be in an amount not to exceed twenty-five
972-thousand dollars; [(B)] (C) the claims of the dependents of a deceased
973-victim, as provided in section 54-208, shall be considered derivative of
974-the claim of such victim and the total compensation paid for all claims
975-arising from the death of such victim shall not exceed a maximum of
976-twenty-five thousand dollars; and [(C)] (D) in cases of emotional harm
977-only, compensation for medical and mental health care and security
978-measures shall be in an amount not to exceed five thousand dollars.
979-(2) Notwithstanding the provisions of subdivision (1) of this
980-subsection, the Office of Victim Services or a victim compensation
981-commissioner may award additional compensation in an amount not to
982-exceed five thousand dollars above the maximum amounts set forth in
983-said subdivision to a personal injury victim, who is a minor at the time
984-the application for compensation or restitution services is filed, when
985-such victim has additional medical needs or mental health counseling
986-needs.
987-(3) Notwithstanding the provisions of subdivision (1) of this
988-subsection, the Office of Victim Services or a victim compensation
989-commissioner may, for good cause shown and upon a finding of
990-compelling equitable circumstances, award compensation in an amount
991-in excess of the maximum amounts set forth in said subdivision.
992-(e) Orders for payment of compensation pursuant to sections 54-201
993-to 54-218, inclusive, as amended by this act, may be made only as to
994-injuries or death resulting from incidents or offenses arising on and after
995-January 1, 1979, except that orders for payment of compensation
996-pursuant to subsection (b) of section 54-209 may be made only as to
997-injuries or death resulting from incidents or offenses arising on and after
998-July 1, 1985. Substitute Senate Bill No. 426
999-
1000-Public Act No. 24-108 31 of 71
1001-
1002-(f) Compensation shall be awarded pursuant to sections 54-201 to 54-
1003-218, inclusive, as amended by this act, for personal injury or death
1004-resulting from a crime which occurs (1) within this state, regardless of
1005-the residency of the applicant; (2) outside this state but within the
1006-territorial boundaries of the United States, provided the victim, at the
1007-time of injury or death, was a resident of this state and the state in which
1008-such crime occurred does not have a program for compensation of
1009-victims for which such victim is eligible; (3) outside the territorial
1010-boundaries of the United States, provided the victim was a resident of
1011-this state at the time of injury or death, the crime would be considered a
1012-crime within the State of Connecticut, and the country in which such
1013-crime occurred does not have a program for compensation of victims for
1014-which such victim is eligible; and (4) outside the territorial boundaries
1015-of the United States, provided the applicant is a victim of international
1016-terrorism, as defined in 18 USC 2331, as amended from time to time, and
1017-was a resident of this state at the time of injury or death.
1018-Sec. 26. (NEW) (Effective October 1, 2024) (a) As used in this section:
1019-(1) "Communication technology" means an electronic device or
1020-process that:
1021-(A) Allows a commissioner of the Superior Court and a remotely
1022-located individual to communicate with each other simultaneously by
1023-sight and sound; and
1024-(B) When necessary and consistent with other applicable law,
1025-facilitates communication between a commissioner of the Superior
1026-Court and a remotely located individual who has a vision, hearing or
1027-speech impairment.
1028-(2) "Identity proofing" means a process or service by which a third
1029-person provides a commissioner of the Superior Court with a means to
1030-verify the identity of a remotely located individual by a review of Substitute Senate Bill No. 426
1031-
1032-Public Act No. 24-108 32 of 71
1033-
1034-personal information from public or private data sources.
1035-(3) "Outside the United States" means a location outside the
1036-geographic boundaries of the United States, Puerto Rico, the United
1037-States Virgin Islands and any territory, insular possession or other
1038-location subject to the jurisdiction of the United States.
1039-(4) "Remotely located individual" means an individual who is not in
1040-the physical presence of the commissioner of the Superior Court who
1041-takes an acknowledgment under subsection (b) of this section.
1042-(b) Except as provided in subsection (g) of this section, a document
1043-may be acknowledged by an individual who is not in the physical
1044-presence of a commissioner of the Superior Court at the time of the
1045-acknowledgment if the following requirements are met:
1046-(1) The individual and the commissioner of the Superior Court can
1047-communicate simultaneously, in real time, by sight and sound using
1048-communication technology; and
1049-(2) When performing a remote acknowledgment pursuant to the
1050-provisions of this section, the commissioner of the Superior Court
1051-reasonably identifies the individual at the time of the acknowledgment
1052-by one or more of the following methods:
1053-(A) Personal knowledge of the identity of the individual;
1054-(B) The individual presents a government-issued identification
1055-document or record that has not expired and includes the individual's
1056-photograph, name and signature. An acceptable form of government-
1057-issued identification document or record includes, but is not limited to,
1058-a driver's license, government-issued identification card or passport;
1059-(C) Not less than two different types of identity proofing processes or
1060-services by which a third person provides a means to verify the identity Substitute Senate Bill No. 426
1061-
1062-Public Act No. 24-108 33 of 71
1063-
1064-of the individual through a review of public or private data sources; or
1065-(D) Oath or affirmation by a credible witness who:
1066-(i) Is in the physical presence of either the commissioner of the
1067-Superior Court or the individual; or
1068-(ii) Is able to communicate in real time with the commissioner of the
1069-Superior Court and the individual by sight and sound through an
1070-electronic device or process at the time of the acknowledgment, if the
1071-credible witness has personal knowledge of the identity of the
1072-individual and has been reasonably identified by the commissioner of
1073-the Superior Court by a method provided in this section.
1074-(c) When an individual who is physically located outside of the state
1075-of Connecticut or outside the United States seeks a remote
1076-acknowledgment pursuant to subsection (b) of this section, the record
1077-being acknowledged shall:
1078-(1) Be intended for filing or presentation in a matter before a court,
1079-governmental entity, public official or other entity subject to the
1080-jurisdiction of the state of Connecticut; or
1081-(2) Otherwise not be prohibited by law of the state of Connecticut to
1082-be acknowledged outside the state.
1083-(d) Once the record acknowledged pursuant to subsection (b) of this
1084-section is signed by the individual in accordance with the procedures
1085-set forth in this section, the individual shall mail or otherwise cause to
1086-be delivered the signed original copy of the record to the commissioner
1087-of the Superior Court.
1088-(e) The date and time of an acknowledgment conducted pursuant to
1089-subsection (b) of this section shall be the date and time when the
1090-commissioner of the Superior Court witnessed the signature being Substitute Senate Bill No. 426
1091-
1092-Public Act No. 24-108 34 of 71
1093-
1094-performed by means of communication technology.
1095-(f) Nothing in this section shall affect the authority of a commissioner
1096-of the Superior Court to refuse to take an acknowledgment or require a
1097-commissioner of the Superior Court to take an acknowledgment:
1098-(1) With respect to an electronic record;
1099-(2) For an individual not in the physical presence of the commissioner
1100-of the Superior Court; or
1101-(3) Using a technology that the commissioner of the Superior Court
1102-has not selected.
1103-(g) No record shall be acknowledged remotely pursuant to subsection
1104-(b) of this section in (1) the making and execution of a will, codicil, trust
1105-or trust instrument, (2) the execution of health care instructions
1106-pursuant to section 19a-575a of the general statutes, (3) the execution of
1107-a designation of a standby guardian pursuant to section 45a-624 of the
1108-general statutes, (4) the execution of a designation of a person for
1109-decision-making and certain rights and obligations pursuant to section
1110-1-56r of the general statutes, (5) the execution of a living will, as defined
1111-in section 19a-570 of the general statutes, (6) the execution of a power of
1112-attorney, as defined in section 1-350a of the general statutes, (7) the
1113-execution of a self-proving affidavit for an appointment of a health care
1114-representative or for a living will under sections 1-56r and 19a-578 of the
1115-general statutes, (8) the execution of a mutual distribution agreement
1116-under section 45a-433 of the general statutes, (9) the execution of a
1117-disclaimer under section 45a-579 or 45a-583 of the general statutes, or
1118-(10) a real estate closing, as defined in section 51-88a of the general
1119-statutes. The performance of any such acknowledgment in connection
1120-with any of the acts described in this subsection shall be ineffective for
1121-any purpose and shall constitute a violation of section 51-88 of the
1122-general statutes. Substitute Senate Bill No. 426
1123-
1124-Public Act No. 24-108 35 of 71
1125-
1126-Sec. 27. Section 22-329a of the 2024 supplement to the general statutes
1127-is repealed and the following is substituted in lieu thereof (Effective
1128-October 1, 2024):
1129-(a) Any animal control officer or regional animal control officer
1130-appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable,
1131-may take physical custody of any animal when such animal control
1132-officer has reasonable cause to believe that such animal is in imminent
1133-harm and is neglected or is cruelly treated in violation of section 22-366,
1134-22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251, 53-252 or 53a-73b,
1135-and, not later than ninety-six hours after taking physical custody, shall
1136-proceed as provided in subsection (c) of this section, except that if, in the
1137-opinion of a licensed veterinarian or the State Veterinarian, at any time
1138-after physical custody of such animal is taken, such animal is so injured
1139-or diseased that it should be euthanized immediately, such officer may
1140-have such animal humanely euthanized by a licensed veterinarian.
1141-(b) Any animal control officer or regional animal control officer
1142-appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable,
1143-may take physical custody of any animal upon issuance of a warrant
1144-finding probable cause that such animal is neglected or is cruelly treated
1145-in violation of section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-
1146-250, 53-251, 53-252 or 53a-73b, and shall thereupon proceed as provided
1147-in subsection (c) of this section except that if, in the opinion of a licensed
1148-veterinarian or the State Veterinarian, at any time after physical custody
1149-of such animal is taken, such animal is so injured or diseased that it
1150-should be euthanized immediately, such officer may have such animal
1151-humanely euthanized by a licensed veterinarian.
1152-(c) Such officer shall file with the superior court which has venue over
1153-such matter or with the superior court for the judicial district of Hartford
1154-at Hartford a verified petition plainly stating such facts of neglect or
1155-cruel treatment as to bring such animal within the jurisdiction of the
1156-court and praying for appropriate action by the court in accordance with Substitute Senate Bill No. 426
1157-
1158-Public Act No. 24-108 36 of 71
1159-
1160-the provisions of this section. Upon the filing of such petition, the court
1161-shall cause a summons to be issued requiring the owner or owners or
1162-person having responsibility for the care of the animal, if known, to
1163-appear in court at the time and place named.
1164-(d) If physical custody of an animal has been taken pursuant to
1165-subsection (a) or (b) of this section and it appears from the allegations of
1166-the petition filed pursuant to subsection (c) of this section and other
1167-affirmations of fact accompanying the petition, or provided subsequent
1168-thereto, that there is reasonable cause to find that the animal's condition
1169-or the circumstances surrounding its care require that temporary care
1170-and custody be immediately assumed to safeguard its welfare, the court
1171-shall either (1) issue an order to show cause why the court should not
1172-vest in some suitable state, municipal or other public or private agency
1173-or person the animal's temporary care and custody pending a hearing
1174-on the petition, or (2) issue an order vesting in some suitable state,
1175-municipal or other public or private agency or person the animal's
1176-temporary care and custody pending a hearing on the petition. A
1177-hearing on the order issued by the court pursuant to subdivision (1) or
1178-(2) of this subsection shall be held not later than fourteen days after the
1179-issuance of such order. The service of such order may be made by any
1180-officer authorized by law to serve process, state police officer or
1181-indifferent person and shall be served not less than forty-eight hours
1182-prior to the date and time of such hearing. If the owner or owners or
1183-person having responsibility for the care of the animal is not known,
1184-notice of the time and place of the hearing shall be given by publication
1185-in a newspaper having a circulation in the town in which such officer
1186-took physical custody of such animal not less than forty-eight hours
1187-prior to the date and time of such hearing.
1188-(e) If physical custody of an animal has not been taken pursuant to
1189-subsection (a) or (b) of this section, and such officer has reasonable cause
1190-to believe that an animal is neglected or is cruelly treated in violation of Substitute Senate Bill No. 426
1191-
1192-Public Act No. 24-108 37 of 71
1193-
1194-section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or
1195-53-252, such officer may file a petition with the superior court which has
1196-venue over such matter or with the superior court for the judicial district
1197-of Hartford at Hartford, plainly stating such facts of neglect or cruel
1198-treatment as to bring the animal within the jurisdiction of the court and
1199-praying for appropriate action by the court to ensure the welfare of the
1200-animal, including, but not limited to, physical removal and temporary
1201-care and custody of the animal, an order to compel the owner of any
1202-such animal to provide care in a manner that the court determines is
1203-necessary, authorization of an animal control officer or regional animal
1204-control officer appointed pursuant to section 22-328, 22-331 or 22-331a,
1205-as applicable, or a licensed veterinarian to provide care for the animal
1206-on site, vesting of ownership of the animal, the posting of a bond in
1207-accordance with subsection (f) of this section and the assessment of costs
1208-in accordance with subsection (h) of this section. Upon the filing of such
1209-petition, the court shall cause a summons for an order to show cause to
1210-be issued requiring the owner or owners or person having responsibility
1211-for the care of the animal, if known, to appear in court at the time and
1212-place named. If the owner or owners or person having responsibility for
1213-the care of the animal is not known, notice of the time and place of the
1214-hearing shall be given by publication in a newspaper having a
1215-circulation in the town where the animal is located not less than forty-
1216-eight hours prior to the date and time of the hearing. If it appears from
1217-the allegations of the petition filed pursuant to this subsection and other
1218-affirmations of fact accompanying the petition, or provided subsequent
1219-thereto, that there is reasonable cause to find that the animal's condition
1220-or the circumstances surrounding its care require the immediate
1221-removal of the animal from the owner or owners or person having
1222-responsibility for the care of the animal to safeguard its welfare, the
1223-court shall issue an order vesting in some suitable state, municipal or
1224-other public or private agency or person the animal's temporary care
1225-and custody pending a hearing on the petition which hearing shall be
1226-held not later than ten days after the issuance of such order for such Substitute Senate Bill No. 426
1227-
1228-Public Act No. 24-108 38 of 71
1229-
1230-temporary care and custody. The service of such order may be made by
1231-any officer authorized by law to serve process, state police officer or
1232-indifferent person and shall be served not less than forty-eight hours
1233-prior to the date and time of such hearing.
1234-(f) If the court issues an order vesting the animal's temporary care
1235-and custody in some suitable state, municipal or other public or private
1236-agency or person, the owner or owners shall either relinquish
1237-ownership of the animal or post a cash bond with the agency or person
1238-in whom the animal's temporary care and custody was vested or with
1239-such agency's counsel of record in the case. The cash bond shall be in the
1240-amount of one thousand dollars for each animal placed in the temporary
1241-care or custody of such agency or person and shall secure payment for
1242-the reasonable expenses of the agency or person having temporary care
1243-and custody of the animal in caring and providing for such animal until
1244-the court makes a finding as to the animal's disposition under subsection
1245-(g) of this section. The requirement that a bond be posted may be waived
1246-if such owner provides satisfactory evidence that such owner is indigent
1247-and unable to pay for such bond.
1248-(g) (1) If, after hearing, the court finds that the animal is neglected or
1249-cruelly treated, it shall vest ownership of the animal in any state,
1250-municipal or other public or private agency which is permitted by law
1251-to care for neglected or cruelly treated animals or with any person found
1252-to be suitable or worthy of such responsibility by the court.
1253-(2) If, after hearing, the court finds that the animal is so injured or
1254-diseased that it should be humanely euthanized, the court may order
1255-that such animal be humanely euthanized by a licensed veterinarian.
1256-(3) If, after hearing, the court finds that the animal is not neglected or
1257-cruelly treated, it may cause the animal to be returned to its owner or
1258-owners or person having responsibility for its care or, if such owner or
1259-owners or person is unknown or unwilling to resume caring for such Substitute Senate Bill No. 426
1260-
1261-Public Act No. 24-108 39 of 71
1262-
1263-animal, it may vest ownership of the animal in any state, municipal or
1264-other public or private agency or person found to be suitable or worthy
1265-of such responsibility.
1266-(4) If the court makes a finding under subdivision (1) or (2) of this
1267-subsection less than thirty days after the issuance of an order of
1268-temporary care and custody and the owner of the animal has posted a
1269-bond, the agency or person with whom the bond was posted shall return
1270-the balance of such bond, if any, to the owner. The amount of the bond
1271-to be returned to the owner shall be calculated at the rate of [fifteen]
1272-twenty dollars per day per animal or [twenty-five] thirty dollars per day
1273-per animal if the animal is a horse or other large livestock for the number
1274-of days less than thirty that such agency or person has not had
1275-temporary care and custody of the animal less any veterinary costs and
1276-expenses incurred for the welfare of the animal.
1277-(5) If the court makes a finding under subdivision (3) of this
1278-subsection after the issuance of an order of temporary care and custody
1279-and the owner of the animal has posted a bond, the agency or person
1280-with whom the bond was posted shall return such bond to such owner.
1281-(h) If the court finds that the animal is neglected or cruelly treated,
1282-the expenses incurred by the state or a municipality in providing proper
1283-food, shelter and care to an animal it has taken custody of under
1284-subsection (a) or (b) of this section and the expenses incurred by any
1285-state, municipal or other public or private agency or person in providing
1286-temporary care and custody pursuant to an order vesting temporary
1287-care and custody, calculated at the rate of twenty dollars per day per
1288-animal or thirty dollars per day per animal if the animal is a horse or
1289-other large livestock until the date ownership is vested pursuant to
1290-subdivision (1) of subsection (g) of this section shall be paid by the
1291-owner or owners or person having responsibility for the care of the
1292-animal. In addition, all veterinary costs and expenses incurred for the
1293-welfare of the animal shall be paid by the owner or owners or person Substitute Senate Bill No. 426
1294-
1295-Public Act No. 24-108 40 of 71
1296-
1297-having responsibility for the animal.
1298-(i) If the court vests ownership of the animal in the Commissioner of
1299-Agriculture or a municipality, the commissioner or the municipality
1300-may conduct or participate in a public auction of the animal under such
1301-conditions the commissioner or the municipality deems necessary or the
1302-commissioner or the municipality may consign the animal to an auction
1303-or sell the animal through an open advertised bid process whereby bid
1304-price and demonstration of sufficient knowledge and ability to care for
1305-such animal are factors for the commissioner's or municipality's
1306-consideration. All moneys collected from the sale of animals sold by the
1307-Commissioner of Agriculture through such open advertised bid process
1308-shall be deposited in the animal abuse cost recovery account established
1309-in subsection (j) of this section. All moneys collected from the sale of
1310-animals sold by a municipality through such open advertised bid
1311-process shall be deposited by the town treasurer or other fiscal officer in
1312-the town's general fund. The commissioner or the municipality may also
1313-vest ownership of any such animal in an individual or a public or private
1314-nonprofit animal rescue or adoption organization. Any record
1315-containing the name, address or other personally identifying
1316-information of the new owner of such animal shall be exempt from
1317-disclosure under state law, provided such information may be disclosed
1318-pursuant to the issuance of a lawful subpoena.
1319-(j) There is established a separate, nonlapsing account within the
1320-General Fund, to be known as the "animal abuse cost recovery account".
1321-All moneys collected from sales at public auction of animals seized by
1322-the Department of Agriculture pursuant to this section shall be
1323-deposited into the account. Deposits of moneys may be made into the
1324-account from public or private sources, including, but not limited to, the
1325-federal government or municipal governments.
1326-(k) Notwithstanding any provision of the general statutes, any
1327-moneys received by the Department of Agriculture pursuant to Substitute Senate Bill No. 426
1328-
1329-Public Act No. 24-108 41 of 71
1330-
1331-subsection (j) of this section shall be deposited in the General Fund and
1332-credited to the animal abuse cost recovery account. The account shall be
1333-available to the Commissioner of Agriculture for the purpose of the
1334-housing, care and welfare of any animal seized by the department, until
1335-final disposition of such animal. Additionally, the account may be used
1336-for the purpose of providing reimbursement to any municipality for the
1337-costs of providing temporary care to such animal if such temporary care
1338-exceeded thirty days in duration and such costs exceeded the amount of
1339-any surety bond or cash bond posted pursuant to subsection (f) of this
1340-section provided the total annual reimbursement to municipalities from
1341-said account for such purpose shall not exceed twenty-five thousand
1342-dollars. Nothing in this section shall prevent the commissioner from
1343-obtaining or using funds from sources other than the account for the
1344-housing, care and welfare of any animal seized by the department
1345-pursuant to this section.
1346-Sec. 28. Section 22-358 of the general statutes is repealed and the
1347-following is substituted in lieu thereof (Effective October 1, 2024):
1348-(a) Any owner or [the agent of any owner of any domestic animal or
1349-poultry, or the Chief Animal Control Officer, any animal control officer,
1350-any municipal animal control officer, any regional animal control officer
1351-or any police officer or state policeman, may kill any dog which he
1352-observes pursuing or worrying any such domestic animal or poultry]
1353-keeper of any animal or poultry, or an agent of such owner or keeper,
1354-or any animal control officer appointed pursuant to section 22-328, 22-
1355-331 or 22-331a, or any police officer, including a state police officer, may
1356-kill any dog while the dog is in the act of biting, attacking or pursuing
1357-any such animal or poultry of the owner or keeper. Any owner, keeper,
1358-animal control officer or police officer who kills such dog shall make
1359-complaint concerning the circumstances of the attack to any animal
1360-control officer appointed pursuant to section 22-331 or 22-331a of the
1361-town where such attack occurred. The animal control officer to whom Substitute Senate Bill No. 426
1362-
1363-Public Act No. 24-108 42 of 71
1364-
1365-such complaint is made shall investigate the circumstances of the attack
1366-set forth in the complaint and report on the circumstances of the attack
1367-to the Chief State Animal Control Officer, appointed pursuant to section
1368-22-328.
1369-(b) Any person who is [bitten, or who shows visible evidence of
1370-attack] protecting himself or herself or another person or animal from
1371-physical harm while being bitten or attacked by a dog, cat or other
1372-animal when such person is not upon the premises of the owner or
1373-keeper of such dog, cat or other animal may kill such dog, cat or other
1374-animal during such attack. [Such person shall make complaint
1375-concerning the circumstances of the attack to the Chief Animal Control
1376-Officer, any animal control officer or the municipal animal control
1377-officer or regional animal control officer of the town wherein such dog,
1378-cat or other animal is owned or kept. Any such officer to whom such
1379-complaint is made shall immediately make an investigation of such
1380-complaint.] Any person who kills such animal shall make complaint
1381-concerning the circumstances of the attack to any animal control officer
1382-appointed pursuant to section 22-331 or 22-331a of the town where such
1383-attack occurred. The animal control officer to whom such complaint is
1384-made shall investigate the circumstances of the attack set forth in the
1385-complaint and report on the circumstances of the attack to the Chief
1386-State Animal Control Officer, appointed pursuant to section 22-328.
1387-[(c) The commissioner, the Chief Animal Control Officer, any animal
1388-control officer, any municipal animal control officer or any regional
1389-animal control officer may make any order concerning the restraint or
1390-disposal of any biting dog, cat or other animal as the commissioner or
1391-such officer deems necessary. Notice of any such order shall be given to
1392-the person bitten by such dog, cat or other animal within twenty-four
1393-hours. The owner of such animal shall pay all fees as set forth in section
1394-22-333. Any owner or keeper of such dog, cat or other animal who fails
1395-to comply with such order shall be guilty of a class D misdemeanor. If Substitute Senate Bill No. 426
1396-
1397-Public Act No. 24-108 43 of 71
1398-
1399-an owner or keeper fails to comply with a restraining order made
1400-pursuant to this subsection, the Chief Animal Control Officer, any
1401-animal control officer, any municipal animal control officer or any
1402-regional animal control officer may seize the dog, cat or other animal to
1403-ensure such compliance and the owner or keeper shall be responsible
1404-for any expenses resulting from such seizure. Any person aggrieved by
1405-an order of any municipal animal control officer, the Chief Animal
1406-Control Officer, any animal control officer or any regional animal
1407-control officer may request a hearing before the commissioner within
1408-fourteen days of the issuance of such order. Any order issued pursuant
1409-to this section that requires the restraint of an animal shall be effective
1410-upon its issuance and shall remain in effect during any appeal of such
1411-order to the commissioner. After such hearing, the commissioner may
1412-affirm, modify or revoke such order as the commissioner deems proper.
1413-Any dog owned by a police agency of the state or any of its political
1414-subdivisions is exempt from the provisions of this subsection when such
1415-dog is under the direct supervision, care and control of an assigned
1416-police officer, is currently vaccinated and is subject to routine veterinary
1417-care. Any guide dog owned or in the custody and control of a blind
1418-person or a person with a mobility impairment is exempt from the
1419-provisions of this subsection when such guide dog is under the direct
1420-supervision, care and control of such person, is currently vaccinated and
1421-is subject to routine veterinary care.]
1422-(c) In the interest of public health and safety, if after investigation,
1423-any animal control officer appointed pursuant to section 22-328, 22-331
1424-or 22-331a in the municipality or region in which an alleged dog bite or
1425-attack occurs determines that a person has in fact been bitten or attacked
1426-by a dog, such animal control officer may make any order concerning
1427-the restraint or disposal of such biting or attacking dog as is necessary
1428-to protect public health and safety. In determining the type of order to
1429-be issued or conditions of restraint to be imposed, the animal control
1430-officer shall consider factors that include, but need not be limited to: (1) Substitute Senate Bill No. 426
1431-
1432-Public Act No. 24-108 44 of 71
1433-
1434-The ability of the owner or keeper of the dog, if any, to control the
1435-animal; (2) the severity of injury inflicted on a person by the biting or
1436-attacking dog; (3) the viciousness of the bite or attack; (4) any history of
1437-past bites or attacks by the dog; (5) whether the bite or attack occurred
1438-at a location that is off of the property of the owner or keeper of the dog;
1439-(6) whether the biting or attacking dog was provoked; and (7) whether
1440-the biting or attacking dog was protecting its owner or keeper from
1441-physical harm.
1442-(d) Any dog, while [actually worrying] biting, attacking or pursuing
1443-deer, may be killed by [the Chief Animal Control Officer or an animal
1444-control officer] any animal control officer appointed pursuant to section
1445-22-328, 22-331 or 22-331a, or by a conservation officer or special
1446-conservation officer appointed by the Commissioner of Energy and
1447-Environmental Protection, or by any police officer, [or state policeman]
1448-including a state police officer. The owner or keeper of any dog found
1449-[worrying] biting, attacking or pursuing a deer shall be guilty of a class
1450-D misdemeanor.
1451-(e) Any person who kills any dog, cat or other animal in accordance
1452-with the provisions of this section shall not be held criminally or civilly
1453-liable therefor.
1454-(f) Repealed by P.A. 19-197, S. 1.
1455-(g) Repealed by P.A. 05-175, S. 24.
1456-(h) The following shall apply to any order issued pursuant to this
1457-section:
1458-(1) In the interest of public health and safety, and the health and
1459-safety of animals, whenever an order issued pursuant to this section
1460-requires the restraint of an animal, the order shall be effective upon its
1461-issuance and shall remain in effect during any appeal of such order; Substitute Senate Bill No. 426
1462-
1463-Public Act No. 24-108 45 of 71
1464-
1465-(2) In the interest of public health and safety, and the health and
1466-safety of animals, whenever an order issued pursuant to this section
1467-requires the disposal of an animal, the issuing officer shall take physical
1468-custody and retain possession of the animal subject to the order during
1469-any appeal of such order;
1470-(3) Not later than twenty-four hours after the issuance of any order
1471-issued pursuant to this section, a copy of the order shall be delivered to
1472-the owner or keeper of the biting or attacking animal, and the person
1473-bitten or attacked, or to the owner or keeper of an animal which has been
1474-bitten or attacked. The order shall also include a statement informing
1475-the owner or keeper of the biting or attacking animal of their right to
1476-pursue an appeal of the order;
1477-(4) Not later than fifteen days after the date of an order issued
1478-pursuant to this section by any animal control officer appointed
1479-pursuant to section 22-331 or 22-331a, the municipality in which the
1480-attack occurred shall offer in writing to the dog owner a pre-appeal
1481-meeting, which may include the owner or keeper of the animal subject
1482-to the order and the person who was bitten or attacked, or the owner or
1483-keeper of an animal which has been bitten or attacked, to determine if
1484-the order is in dispute. At such meeting the owner or keeper of the
1485-animal subject to the order and their legal counsel, if any, the animal
1486-control officer issuing the order and the animal control officer's
1487-appointing authority, or their designee, may stipulate to an alternate
1488-order. All settlement discussions that occur during the pre-appeal
1489-meeting shall be confidential and protected from disclosure under state
1490-law;
1491-(5) A statement of the conclusion of the pre-appeal meeting,
1492-including only the names of the attending parties, the date of the
1493-prehearing meeting and whether the order was modified, shall be
1494-provided by the municipality to the owner or keeper of the animal
1495-subject to the order, and the victim or the owner or keeper of an animal Substitute Senate Bill No. 426
1496-
1497-Public Act No. 24-108 46 of 71
1498-
1499-which has been bitten or attacked, not later than twenty-four hours after
1500-the conclusion of the pre-appeal meeting. If a pre-appeal meeting
1501-statement is issued pursuant to this subdivision, then the time to appeal
1502-to the Superior Court shall run from the date of the issuance of such
1503-statement. If there is no pre-appeal meeting, then the time to appeal to
1504-the Superior Court runs from the date of the order;
1505-(6) Any person aggrieved by any order issued under the provisions
1506-of this section by the commissioner or any animal control officer
1507-appointed pursuant to section 22-328, 22-331 or 22-331a, may appeal to
1508-the Superior Court of the judicial district in which such aggrieved
1509-person is a resident, provided such appeal is made not later than forty-
1510-five days after issuance of the order. If the person aggrieved by an order
1511-engages in a pre-appeal meeting under subdivision (4) of this
1512-subsection, then the time to appeal to the Superior Court shall run from
1513-the date of the statement issued pursuant to subdivision (5) of this
1514-subsection. The pre-appeal meeting shall be concluded for purposes of
1515-this section not later than thirty days after the date of the order;
1516-(7) The owner or keeper of any animal subject to an order issued
1517-pursuant to this section shall pay all fees as set forth in section 22-333. If
1518-an owner or keeper of an animal subject to an order issued pursuant to
1519-this section fails to comply with any restraint order made pursuant to
1520-this section, any animal control officer appointed pursuant to section 22-
1521-328, 22-331 or 22-331a may seize the animal prior to or during the
1522-pendency of an appeal and until completion of an appeal of such order
1523-to ensure such compliance and the owner shall be responsible for any
1524-expenses resulting from such seizure;
1525-(8) Once the order becomes a final order or judgment, the order is
1526-enforceable on a state-wide basis and any animal control officer
1527-appointed pursuant to section 22-328, 22-331 or 22-331a shall have the
1528-authority to enforce the final order or judgment; and Substitute Senate Bill No. 426
1529-
1530-Public Act No. 24-108 47 of 71
1531-
1532-(9) Any owner or keeper of an animal subject to a final order or
1533-judgment issued pursuant to this subsection who fails to comply with a
1534-final order or judgment shall be guilty of a class D misdemeanor.
1535-[(h)] (i) A person who sustains damage [by a dog] or physical injury
1536-to such person's poultry, ratite, domestic rabbit, [companion] animal or
1537-livestock as defined in section 22-278, by a biting or attacking dog shall
1538-make complaint concerning circumstances of the bite or attack by such
1539-dog on any such animal or livestock to the [Chief Animal Control
1540-Officer, any animal control officer or the municipal animal control
1541-officer or regional animal control officer of the town in which such dog
1542-is owned or kept] animal control officer appointed pursuant to section
1543-22-331 or 22-331a of the town in which the bite or attack occurred. The
1544-animal control officer to whom such complaint is made shall investigate
1545-the circumstances of the attack set forth in the complaint and report on
1546-the circumstances of the attack to the Chief State Animal Control Officer,
1547-appointed pursuant to section 22-328. An officer to whom such
1548-complaint is made shall immediately investigate such complaint. [If
1549-such officer finds that the complainant's animal has been bitten or
1550-attacked by a dog when the attacked animal was not on the premises of
1551-the owner or keeper of the attacking dog and provided the
1552-complainant's animal was under the control of the complainant or on
1553-the complainant's property, such officer, the commissioner, the Chief
1554-Animal Control Officer or any animal control officer may make any
1555-order concerning the restraint or disposal of such attacking dog as the
1556-commissioner or such officer deems necessary. An owner or keeper of
1557-such dog who fails to comply with such order shall be guilty of a class
1558-D misdemeanor. If the owner or keeper of such dog fails to comply with
1559-an order made pursuant to this subsection, the Chief Animal Control
1560-Officer or any animal control officer, municipal animal control officer or
1561-regional animal control officer may seize the dog to ensure such
1562-compliance, and the owner or keeper of such dog shall be responsible
1563-for any expenses resulting from such seizure. A person aggrieved by an Substitute Senate Bill No. 426
1564-
1565-Public Act No. 24-108 48 of 71
1566-
1567-order of the Chief Animal Control Officer or any animal control officer,
1568-municipal animal control officer or regional animal control officer made
1569-pursuant to this subsection may request a hearing before the
1570-commissioner not later than fourteen days after the issuance of such
1571-order. After such hearing, the commissioner may affirm, modify or
1572-revoke such order as the commissioner deems proper. A dog owned by
1573-a police agency of the state or any of its political subdivisions is exempt
1574-from the provisions of this section when such dog is under the direct
1575-supervision, care and control of an assigned police officer, has been
1576-vaccinated annually and is subject to routine veterinary care.] In the
1577-interest of public health and safety, and the health and safety of animals,
1578-if after investigation, any animal control officer appointed pursuant to
1579-section 22-331 or 22-331a in the municipality or region in which an
1580-alleged dog bite or attack occurs determines that an animal has in fact
1581-been bitten or attacked by a dog, such animal control officer, or the Chief
1582-State Animal Control Officer appointed pursuant to section 22-328, may
1583-make any order concerning the restraint or disposal of such biting or
1584-attacking dog as is necessary to protect public health and safety and the
1585-health and safety of animals. In determining the type of order to be
1586-issued or conditions of restraint to be imposed, the animal control officer
1587-shall consider factors that include, but need not be limited to: (1) The
1588-ability of the owner or keeper to control the dog; (2) the severity of injury
1589-inflicted by the biting or attacking dog; (3) the viciousness of the bite or
1590-attack; (4) any history of past bites or attacks by the dog; (5) whether the
1591-bite or attack occurred at a location that is off of the property of the
1592-owner or keeper of the biting or attacking dog, provided the animal
1593-attacked was under the control of animal's owner or keeper, or the
1594-animal attacked was on property of the owner or keeper; (6) whether
1595-the biting or attacking dog was provoked; and (7) whether the biting or
1596-attacking dog was protecting its owner or keeper from physical harm.
1597-(j) Any dog or other animal owned by the United States military, a
1598-law enforcement agency of the United States or a law enforcement Substitute Senate Bill No. 426
1599-
1600-Public Act No. 24-108 49 of 71
1601-
1602-agency of this state or any of its political subdivisions shall be exempt
1603-from the provisions of this section when such dog or other animal is
1604-owned by or in the custody and control of such agency and under the
1605-direct supervision, care and control of an assigned handler, is currently
1606-vaccinated for rabies and is subject to routine veterinary care. Any
1607-service animal owned by or in the custody and control of a person with
1608-a disability shall be exempt from the provisions of this section when
1609-such service animal is under the direct supervision, care and control of
1610-such person, is currently vaccinated for rabies and is subject to routine
1611-veterinary care. As used in this subsection, "service animal" and
1612-"disability" have the same meanings as provided in section 22-345.
1613-Sec. 29. Section 52-380a of the general statutes is repealed and the
1614-following is substituted in lieu thereof (Effective October 1, 2024):
1615-(a) A judgment lien, securing the unpaid amount of any money
1616-judgment, including interest and costs, may be placed on any real
1617-property by recording, in the town clerk's office in the town where the
1618-real property lies, a judgment lien certificate, signed by the judgment
1619-creditor or his attorney or personal representative, containing: (1) A
1620-statement of the names and last-known addresses of the judgment
1621-creditor and judgment debtor, the court in which and the date on which
1622-the judgment was rendered, and the original amount of the money
1623-judgment and the amount due thereon; and (2) a description, which
1624-need not be by metes and bounds, of the real property on which a lien
1625-is to be placed, and a statement that the lien has been placed on such
1626-property.
1627-(b) From the time of the recording of the judgment lien certificate, the
1628-money judgment shall be a lien on the judgment debtor's interest in the
1629-real property described. If, within four months of judgment, the lien is
1630-placed on real property which was previously attached in the action, the
1631-lien on that property shall hold from the date of attachment, provided
1632-the judgment lien certificate contains a clause referring to and Substitute Senate Bill No. 426
1633-
1634-Public Act No. 24-108 50 of 71
1635-
1636-identifying the attachment, substantially in the following form: "This
1637-lien is filed within four months after judgment in the action was
1638-rendered and relates back to an attachment of real property recorded on
1639-(month) (day) (year), at Volume ___ Page ___ of the ___ land records."
1640-(c) A judgment lien on real property may be foreclosed or redeemed
1641-in the same manner as mortgages on the same property.
1642-(d) In the case of a consumer judgment, the complaint shall indicate
1643-whether, pursuant to an installment payment order under subsection
1644-(b) of section 52-356d, the court has entered a stay of execution and, if
1645-such a stay was entered, shall allege any default on an installment
1646-payment order which is a precondition to foreclosure. In addition, the
1647-judgment creditor shall give notice to the judgment debtor of the
1648-Ezequiel Santiago Foreclosure Mediation Program, established
1649-pursuant to section 49-31m, by attaching to the front of the writ,
1650-summons and complaint that is served on the judgment debtor: (1) A
1651-copy of the notice of foreclosure mediation, in such form as the Chief
1652-Court Administrator prescribes, (2) a copy of the foreclosure mediation
1653-certificate form described in subsection (c) of section 49-3ll, in such form
1654-as the Chief Court Administrator prescribes, and (3) a blank appearance
1655-form, in such form as the Chief Court Administrator prescribes. The
1656-notice of foreclosure mediation shall instruct the judgment debtor to file
1657-the appearance and foreclosure mediation certificate forms with the
1658-court not later than fifteen days from the return date for the foreclosure
1659-action. If the judgment debtor elects to participate in, and the court
1660-orders the case assigned to, said foreclosure mediation program, (A) the
1661-judgment debtor shall be entitled to the rights and shall assume the
1662-obligations of a mortgagor under sections 49-31k to 49-31o, inclusive,
1663-and (B) a judgment creditor shall be entitled to the rights and shall
1664-assume the obligations of a mortgagee under sections 49-31k to 49-31o,
1665-inclusive, except that the judgment creditor shall not be required to
1666-furnish the mortgage specific information described in subsection (d) of Substitute Senate Bill No. 426
1667-
1668-Public Act No. 24-108 51 of 71
1669-
1670-section 49-31l, but instead shall furnish a copy of the underlying
1671-judgment, and an accounting of current interest and other charges
1672-incurred for the time period prescribed in subsection (d) of section 49-
1673-31l. No action to foreclose a judgment lien filed pursuant to this section
1674-may be commenced unless an execution may issue pursuant to section
1675-52-356a. The judgment lien shall expire twenty years after the judgment
1676-was rendered, except any judgment lien recorded with respect to a small
1677-claims action shall expire ten years after the judgment was rendered,
1678-unless the party claiming the lien commences an action to foreclose it
1679-within that period of time and records a notice of lis pendens in evidence
1680-thereof on the land records of the town in which the real property is
1681-located.
1682-Sec. 30. Section 51-274 of the 2024 supplement to the general statutes
1683-is repealed and the following is substituted in lieu thereof (Effective July
1684-1, 2024):
1685-All special acts or provisions thereof inconsistent with this chapter
1686-and with sections 1-1a, 2-5, 2-40, 2-61, 5-164, 5-189, 7-80, 8-12, 9-63, 9-258,
1687-9-368, 12-154, 14-141, 14-142, 18-65, 18-73, 19a-220, 21a-96, 29-13, 29-362,
1688-30-105, 30-107, 30-111, 35-22, 46b-120, 46b-133, 46b-560, 47a-23, 47a-28,
1689-47a-35, 47a-37, 49-61, 49-62, 51-6a, 51-9, 51-15, 51-27, 51-30, 51-33, 51-34,
1690-51-36, 51-48, 51-49, 51-50, 51-51, 51-52, [51-59,] 51-72, 51-73, 51-95, 51-
1691-183b, 51-183d, 51-183f, 51-183g, 51-215a, 51-229, 51-232, 51-237, as
1692-amended by this act, and 51-241, subsection (a) of section 51-243 and
1693-sections 51-247, 51-347, 52-45a, 52-45b, 52-46, 52-97, 52-112, 52-139, 52-
1694-193, 52-194, 52-196, 52-209, 52-212, 52-215, 52-226, 52-240, 52-257, 52-258,
1695-52-261, 52-263, 52-268, 52-270, 52-278i, 52-293, 52-297, 52-298, 52-324, 52-
1696-351, 52-397, 52-425, 52-427, 52-428, 52-521, 53-308, 53-328, 54-2a, 54-56f,
1697-54-66, 54-72, 54-74, 54-82g, 54-82j, 54-82k, 54-95a, 54-96a, 54-96b, 54-97,
1698-54-108, 54-154, 54-166 and 54-169 to 54-174, inclusive, are repealed.
1699-Sec. 31. Subsection (d) of section 1-205 of the general statutes is
1700-repealed and the following is substituted in lieu thereof (Effective October Substitute Senate Bill No. 426
1701-
1702-Public Act No. 24-108 52 of 71
1703-
1704-1, 2024):
1705-(d) The commission shall, subject to the provisions of the Freedom of
1706-Information Act promptly review the alleged violation of said Freedom
1707-of Information Act and issue an order pertaining to the same. Said
1708-commission shall have the power to investigate all alleged violations of
1709-said Freedom of Information Act and may for the purpose of
1710-investigating any violation hold a hearing, administer oaths, examine
1711-witnesses, receive oral and documentary evidence, have the power to
1712-subpoena witnesses under procedural rules adopted by the commission
1713-to compel attendance and to require the production for examination of
1714-any books and papers which the commission deems relevant in any
1715-matter under investigation or in question. In case of a refusal to comply
1716-with any such subpoena or to testify with respect to any matter upon
1717-which that person may be lawfully interrogated, the superior court for
1718-the judicial district [of New Britain] in which the public agency is
1719-located, on application of the commission, may issue an order requiring
1720-such person to comply with such subpoena and to testify; failure to obey
1721-any such order of the court may be punished by the court as a contempt
1722-thereof.
1723-Sec. 32. Subsection (b) of section 1-206 of the 2024 supplement to the
1724-general statutes is repealed and the following is substituted in lieu
1725-thereof (Effective October 1, 2024):
1726-(b) (1) Any person denied the right to inspect or copy records under
1727-section 1-210 or wrongfully denied the right to attend any meeting of a
1728-public agency or denied any other right conferred by the Freedom of
1729-Information Act may appeal therefrom to the Freedom of Information
1730-Commission, by filing a notice of appeal with said commission. A notice
1731-of appeal shall be filed not later than thirty days after such denial, except
1732-in the case of an unnoticed or secret meeting, in which case the appeal
1733-shall be filed not later than thirty days after the person filing the appeal
1734-receives actual or constructive notice that such meeting was held. For Substitute Senate Bill No. 426
1735-
1736-Public Act No. 24-108 53 of 71
1737-
1738-purposes of this subsection, such notice of appeal shall be deemed to be
1739-filed on the date it is received by said commission or on the date it is
1740-postmarked, if received more than thirty days after the date of the denial
1741-from which such appeal is taken. Upon receipt of such notice, the
1742-commission shall serve upon all parties, by certified or registered mail
1743-or by electronic transmission, a copy of such notice together with any
1744-other notice or order of such commission. In the case of the denial of a
1745-request to inspect or copy records contained in a public employee's
1746-personnel or medical file or similar file under subsection (c) of section 1-
1747-214, the commission shall include with its notice or order an order
1748-requiring the public agency to notify any employee whose records are
1749-the subject of an appeal, and the employee's collective bargaining
1750-representative, if any, of the commission's proceedings and, if any such
1751-employee or collective bargaining representative has filed an objection
1752-under said subsection (c), the agency shall provide the required notice
1753-to such employee and collective bargaining representative by certified
1754-mail, return receipt requested, by electronic transmission or by hand
1755-delivery with a signed receipt. A public employee whose personnel or
1756-medical file or similar file is the subject of an appeal under this
1757-subsection may intervene as a party in the proceedings on the matter
1758-before the commission. Said commission shall, after due notice to the
1759-parties, hear and decide the appeal not later than one year after the filing
1760-of the notice of appeal. The commission shall adopt regulations in
1761-accordance with chapter 54, establishing criteria for those appeals which
1762-shall be privileged in their assignment for hearing. Any such appeal
1763-shall be heard not later than thirty days after receipt of a notice of appeal
1764-and decided not later than sixty days after the hearing. If a notice of
1765-appeal concerns an announced agency decision to meet in executive
1766-session or an ongoing agency practice of meeting in executive sessions,
1767-for a stated purpose, the commission or a member or members of the
1768-commission designated by its chairperson shall serve notice upon the
1769-parties in accordance with this section and hold a preliminary hearing
1770-on the appeal not later than seventy-two hours after receipt of the notice, Substitute Senate Bill No. 426
1771-
1772-Public Act No. 24-108 54 of 71
1773-
1774-provided such notice shall be given to the parties at least forty-eight
1775-hours prior to such hearing. During such preliminary hearing, the
1776-commission shall take evidence and receive testimony from the parties.
1777-If after the preliminary hearing the commission finds probable cause to
1778-believe that the agency decision or practice is in violation of sections 1-
1779-200 and 1-225, the agency shall not meet in executive session for such
1780-purpose until the commission decides the appeal. If probable cause is
1781-found by the commission, it shall conduct a final hearing on the appeal
1782-and render its decision not later than five days after the completion of
1783-the preliminary hearing. Such decision shall specify the commission's
1784-findings of fact and conclusions of law.
1785-(2) In any appeal to the Freedom of Information Commission under
1786-subdivision (1) of this subsection or subsection (c) of this section, the
1787-commission may confirm the action of the agency or order the agency
1788-to provide relief that the commission, in its discretion, believes
1789-appropriate to rectify the denial of any right conferred by the Freedom
1790-of Information Act. The commission may declare null and void any
1791-action taken at any meeting which a person was denied the right to
1792-attend and may require the production or copying of any public record.
1793-In addition, upon the finding that a denial of any right created by the
1794-Freedom of Information Act was without reasonable grounds and after
1795-the custodian or other official directly responsible for the denial has
1796-been given an opportunity to be heard at a hearing conducted in
1797-accordance with sections 4-176e to 4-184, inclusive, the commission
1798-may, in its discretion, impose against the custodian or other official a
1799-civil penalty of not less than twenty dollars nor more than five thousand
1800-dollars. If the commission finds that a person has taken an appeal under
1801-this subsection frivolously, without reasonable grounds and solely for
1802-the purpose of harassing the agency from which the appeal has been
1803-taken, after such person has been given an opportunity to be heard at a
1804-hearing conducted in accordance with sections 4-176e to 4-184,
1805-inclusive, the commission may, in its discretion, impose against that Substitute Senate Bill No. 426
1806-
1807-Public Act No. 24-108 55 of 71
1808-
1809-person a civil penalty of not less than twenty dollars nor more than one
1810-thousand dollars. The commission shall notify a person of a penalty
1811-levied against such person pursuant to this subsection by written notice
1812-sent by certified or registered mail or electronic transmission. If a person
1813-fails to pay the penalty not later than thirty days after receiving such
1814-notice, the Superior Court shall, on application of the commission, issue
1815-an order requiring the person to pay the penalty imposed. If the
1816-executive director of the commission has reason to believe an appeal
1817-under subdivision (1) of this subsection or subsection (c) of this section
1818-(A) presents a claim beyond the commission's jurisdiction; (B) would
1819-perpetrate an injustice; or (C) would constitute an abuse of the
1820-commission's administrative process, the executive director shall not
1821-schedule the appeal for hearing without first seeking and obtaining
1822-leave of the commission. The commission shall provide due notice to the
1823-parties and review affidavits and written argument that the parties may
1824-submit and grant or deny such leave summarily at its next regular
1825-meeting. The commission shall grant such leave unless it finds that the
1826-appeal: (i) Does not present a claim within the commission's jurisdiction;
1827-(ii) would perpetrate an injustice; or (iii) would constitute an abuse of
1828-the commission's administrative process. Any party aggrieved by the
1829-commission's denial of such leave may apply to the superior court for
1830-the judicial district [of New Britain] in which the public agency is
1831-located, not later than fifteen days of the commission meeting at which
1832-such leave was denied, for an order requiring the commission to hear
1833-such appeal.
1834-(3) In making the findings and determination under subdivision (2)
1835-of this subsection the commission shall consider the nature of any
1836-injustice or abuse of administrative process, including, but not limited
1837-to: (A) The nature, content, language or subject matter of the request or
1838-the appeal, including, among other factors, whether the request or
1839-appeal is repetitious or cumulative; (B) the nature, content, language or
1840-subject matter of prior or contemporaneous requests or appeals by the Substitute Senate Bill No. 426
1841-
1842-Public Act No. 24-108 56 of 71
1843-
1844-person making the request or taking the appeal; (C) the nature, content,
1845-language or subject matter of other verbal and written communications
1846-to any agency or any official of any agency from the person making the
1847-request or taking the appeal; (D) any history of nonappearance at
1848-commission proceedings or disruption of the commission's
1849-administrative process, including, but not limited to, delaying
1850-commission proceedings; and (E) the refusal to participate in settlement
1851-conferences conducted by a commission ombudsman in accordance
1852-with the commission's regulations.
1853-(4) Notwithstanding any provision of this subsection, in the case of
1854-an appeal to the commission of a denial by a public agency, the
1855-commission may, upon motion of such agency, confirm the action of the
1856-agency and dismiss the appeal without a hearing if it finds, after
1857-examining the notice of appeal and construing all allegations most
1858-favorably to the appellant, that (A) the agency has not violated the
1859-Freedom of Information Act, or (B) the agency has committed a technical
1860-violation of the Freedom of Information Act that constitutes a harmless
1861-error that does not infringe the appellant's rights under said act.
1862-(5) Notwithstanding any provision of this subsection, in the case of
1863-an appeal to the commission of a denial by a public agency where, after
1864-a hearing, the commission finds the public agency is engaging in a
1865-practice or pattern of conduct that constitutes an obstruction of any right
1866-conferred by the Freedom of Information Act or reckless, wilful or
1867-wanton misconduct with regard to the delay or denial of responses to
1868-requests for public records under said act, the commission may impose
1869-a civil penalty of not less than twenty dollars nor more than five
1870-thousand dollars against a custodian or other official of such public
1871-agency, and order such other relief that the commission, in its discretion,
1872-determines is appropriate to rectify such obstruction or misconduct and
1873-to deter such public agency from violating the Freedom of Information
1874-Act. In case of any failure or refusal to comply with any order issued Substitute Senate Bill No. 426
1875-
1876-Public Act No. 24-108 57 of 71
1877-
1878-under this subdivision, the commission may apply to the superior court
1879-for the judicial district [of New Britain] in which the public agency is
1880-located for an order requiring such public agency to comply with such
1881-order.
1882-(6) Notwithstanding any provision of this subsection, a public agency
1883-may petition the commission for relief from a requester that the public
1884-agency alleges is a vexatious requester. Such petition shall be sworn
1885-under penalty of false statement, as provided in section 53a-157b, and
1886-shall detail the conduct which the agency alleges demonstrates a
1887-vexatious history of requests, including, but not limited to: (A) The
1888-number of requests filed and the total number of pending requests; (B)
1889-the scope of the requests; (C) the nature, content, language or subject
1890-matter of the requests; (D) the nature, content, language or subject
1891-matter of other oral and written communications to the agency from the
1892-requester; and (E) a pattern of conduct that amounts to an abuse of the
1893-right to access information under the Freedom of Information Act or an
1894-interference with the operation of the agency. Upon receipt of such
1895-petition, the executive director of the commission shall review the
1896-petition and determine whether it warrants a hearing. If the executive
1897-director determines that a hearing is not warranted, the executive
1898-director shall recommend that the commission deny the petition
1899-without a hearing. The commission shall vote at its next regular meeting
1900-after such recommendation to accept or reject such recommendation
1901-and, after such meeting, shall issue a written explanation of the reasons
1902-for such acceptance or rejection. If the executive director determines that
1903-a hearing is warranted, the commission shall serve upon all parties, by
1904-certified or registered mail or electronic transmission, a copy of such
1905-petition together with any other notice or order of the commission. The
1906-commission shall, after due notice to the parties, hear and either grant
1907-or deny the petition not later than one year after its filing. Upon a grant
1908-of such petition, the commission may provide appropriate relief
1909-commensurate with the vexatious conduct, including, but not limited Substitute Senate Bill No. 426
1910-
1911-Public Act No. 24-108 58 of 71
1912-
1913-to, an order that the agency need not comply with future requests from
1914-the vexatious requester for a specified period of time, but not to exceed
1915-one year. Any party aggrieved by the commission's granting of such
1916-petition may apply to the superior court for the judicial district [of New
1917-Britain] in which the public agency is located, not later than fifteen days
1918-after the commission meeting at which such petition was granted, for an
1919-order reversing the commission's decision.
1920-Sec. 33. Subsection (a) of section 51-344a of the general statutes is
1921-repealed and the following is substituted in lieu thereof (Effective October
1922-1, 2024):
1923-(a) Whenever the term "judicial district of Hartford-New Britain" or
1924-"judicial district of Hartford-New Britain at Hartford" is used or referred
1925-to in the following sections of the general statutes, it shall be deemed to
1926-mean or refer to the judicial district of Hartford on and after September
1927-1, 1998: Sections [1-205, 1-206,] 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-
1928-160, 4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-
1929-369b, 10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-405k, 12-422,
1930-12-448, 12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-
1931-586f, 12-597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-
1932-67u, 14-110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41,
1933-16a-5, 17b-60, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, 19a-425, 19a-498,
1934-19a-517, 19a-526, 19a-633, 20-12f, 20-13e, 20-29, 20-40, 20-45, 20-59, 20-
1935-73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192, 20-
1936-195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307, 20-
1937-341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 22-7, 22-228, 22-248,
1938-22-254, 22-320d, 22-326a, 22-344b, 22-386, 22a-6b, 22a-7, 22a-16, 22a-30,
1939-22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119, 22a-
1940-180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a-226c,
1941-22a-227, 22a-250, 22a-255l, 22a-276, 22a-310, 22a-342a, 22a-344, 22a-361a,
1942-22a-374, 22a-376, 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-449g,
1943-22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-143j, 29-158, 29-161z, 29- Substitute Senate Bill No. 426
1944-
1945-Public Act No. 24-108 59 of 71
1946-
1947-323, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-285,
1948-31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-471a, 36a-494,
1949-36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30, 36b-
1950-50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139, 38a-
1951-140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241, 38a-
1952-337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817, 38a-
1953-843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p, 42-
1954-182, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-
1955-392d and 54-211a.
1956-Sec. 34. Section 51-14 of the general statutes is repealed and the
1957-following is substituted in lieu thereof (Effective October 1, 2024):
1958-(a) The judges of the Supreme Court, the judges of the Appellate
1959-Court, and the judges of the Superior Court shall adopt and promulgate
1960-and may from time to time modify or repeal rules and forms regulating
1961-pleading, practice and procedure in judicial proceedings in courts in
1962-which they have the constitutional authority to make rules, for the
1963-purpose of simplifying proceedings in the courts and of promoting the
1964-speedy and efficient determination of litigation upon its merits. The
1965-rules of the Appellate Court shall be as consistent as feasible with the
1966-rules of the Supreme Court to promote uniformity in the procedure for
1967-the taking of appeals and may dispense, so far as justice to the parties
1968-will permit while affording a fair review, with the necessity of printing
1969-of records and briefs. Such rules shall not abridge, enlarge or modify
1970-any substantive right or the jurisdiction of any of the courts. Such rules
1971-shall become effective on such date as the judges specify but not in any
1972-event until sixty days after such promulgation, except that such rules
1973-may become effective prior to the expiration of the sixty-day time period
1974-if the judges deem that circumstances require that a new rule or a change
1975-to an existing rule be adopted expeditiously.
1976-[(b) All statutes relating to pleading, practice and procedure in
1977-existence on July 1, 1957, shall be deemed to be rules of court and shall Substitute Senate Bill No. 426
1978-
1979-Public Act No. 24-108 60 of 71
1980-
1981-remain in effect as such only until modified, superseded or suspended
1982-by rules adopted and promulgated by the judges of the Supreme Court
1983-or the Superior Court pursuant to the provisions of this section. The
1984-Chief Justice shall report any such rules to the General Assembly for
1985-study at the beginning of each regular session. Such rules shall be
1986-referred by the speaker of the House or by the president of the Senate to
1987-the judiciary committee for its consideration and such committee shall
1988-schedule hearings thereon. Any rule or any part thereof disapproved by
1989-the General Assembly by resolution shall be void and of no effect and a
1990-copy of such resolution shall thereafter be published once in the
1991-Connecticut Law Journal.]
1992-[(c)] (b) The judges or a committee of their number shall hold public
1993-hearings, of which reasonable notice shall be given in the Connecticut
1994-Law Journal and otherwise as they deem proper, upon any proposed
1995-new rule or any change in an existing rule that is to come before said
1996-judges for action, and each such proposed new rule or change in an
1997-existing rule shall be published in the Connecticut Law Journal as a part
1998-of such notice. A public hearing shall be held at least once a year, of
1999-which reasonable notice shall likewise be given, at which any member
2000-of the bar or layman may bring to the attention of the judges any new
2001-rule or change in an existing rule that he deems desirable.
2002-[(d)] (c) Upon the taking effect of such rules adopted and
2003-promulgated by the judges of the Supreme Court pursuant to the
2004-provisions of this section, all provisions of rules theretofore
2005-promulgated by the judges of the Superior Court shall be deemed to be
2006-repealed.
2007-Sec. 35. Section 52-278n of the general statutes is repealed and the
2008-following is substituted in lieu thereof (Effective October 1, 2024):
2009-(a) The court may, on motion of a party, order an appearing
2010-defendant to disclose property in which he has an interest or debts Substitute Senate Bill No. 426
2011-
2012-Public Act No. 24-108 61 of 71
2013-
2014-owing to him sufficient to satisfy a prejudgment remedy. The existence,
2015-location and extent of the defendant's interest in such property or debts
2016-shall be subject to disclosure. The form and terms of disclosure shall be
2017-determined by the court.
2018-(b) A motion to disclose pursuant to this section may be made by
2019-attaching it to the application for a prejudgment remedy or may be
2020-made at any time after the filing of the application.
2021-(c) The court may order disclosure at any time prior to final judgment
2022-after it has determined that the party filing the motion for disclosure
2023-has, pursuant to section 52-278d, 52-278e or 52-278i, probable cause
2024-sufficient for the granting of a prejudgment remedy.
2025-(d) A defendant, in lieu of disclosing assets pursuant to subsection (a)
2026-of this section, may move the court for substitution either of a bond with
2027-surety substantially in compliance with sections 52-307 and 52-308, or of
2028-other sufficient security.
2029-(e) Notwithstanding the provisions of subsections (a) to (d), inclusive,
2030-of this section, no party may compel disclosure of the names and
2031-addresses of clients of an individual or entity that provides professional
2032-services, as defined in subdivision (20) of section 4e-1, when the
2033-disclosure of such names and addresses would constitute a violation of
2034-state or federal law, or the applicable rules of professional conduct
2035-governing such profession, as the case may be.
2036-[(e)] (f) Rules of court shall be enacted to carry out the foregoing
2037-provisions and may provide for reasonable sanctions to enforce orders
2038-issued pursuant to this section.
2039-Sec. 36. Section 52-351b of the general statutes is repealed and the
2040-following is substituted in lieu thereof (Effective October 1, 2024):
2041-(a) A judgment creditor may obtain discovery from the judgment Substitute Senate Bill No. 426
2042-
2043-Public Act No. 24-108 62 of 71
2044-
2045-debtor, or from any third person the judgment creditor reasonably
2046-believes, in good faith, may have assets of the judgment debtor, or from
2047-any financial institution to the extent provided by this section, of any
2048-matters relevant to satisfaction of the money judgment. The judgment
2049-creditor shall commence any discovery proceeding by serving an initial
2050-set of interrogatories, in a prescribed form containing such questions as
2051-to the assets and employment of the judgment debtor as may be
2052-approved by the judges of the Superior Court or their designee, on the
2053-person from whom discovery is sought. Service of an initial set of
2054-interrogatories relevant to obtaining satisfaction of a money judgment
2055-of a small claims session of the Superior Court may be made by sending
2056-such interrogatories by certified mail, return receipt requested, to the
2057-person from whom discovery is sought. Questions contained in the
2058-interrogatory form shall be in clear and simple language and shall be
2059-placed on the page in such manner as to leave space under each question
2060-for the person served to insert such person's answer. Such person shall
2061-answer the interrogatories and return them to the judgment creditor
2062-within thirty days of the date of service. Interrogatories served on a
2063-judgment debtor shall be signed by such debtor under penalty of false
2064-statement. With respect to assets, the person served is required to reveal
2065-information concerning the amount, nature and location of the
2066-judgment debtor's nonexempt assets up to an amount clearly sufficient
2067-in value to ensure full satisfaction of the judgment with interest and
2068-costs, provided disclosure shall be first required as to assets subject to
2069-levy or foreclosure within the state. If interrogatories are served on a
2070-financial institution, the financial institution shall disclose only whether
2071-it holds funds of the judgment debtor on account and the balance of such
2072-funds, up to the amount necessary to satisfy the judgment.
2073-(b) The interrogatory form shall specify the names and last-known
2074-addresses of the judgment creditor and the judgment debtor, the court
2075-in which and the date on which the judgment was rendered, and the
2076-original amount of the judgment and the amount due thereon. The Substitute Senate Bill No. 426
2077-
2078-Public Act No. 24-108 63 of 71
2079-
2080-interrogatory form shall contain a notice of rights with respect to
2081-postjudgment interrogatories as prescribed by section 52-361b.
2082-(c) Notwithstanding the provisions of this section, no party may
2083-compel disclosure of the names and addresses of clients of an individual
2084-or entity that provides professional services, as defined in subdivision
2085-(20) of section 4e-1, when the disclosure of such names and addresses
2086-would constitute a violation of state or federal law, or the applicable
2087-rules of professional conduct governing such profession, as the case may
2088-be.
2089-[(c)] (d) On failure of a person served with interrogatories to return,
2090-within the thirty days, a sufficient answer or disclose sufficient assets
2091-for execution, or on objection by such person to the interrogatories, the
2092-judgment creditor may move the court for such supplemental discovery
2093-orders as may be necessary to ensure disclosure including (1) an order
2094-for compliance with the interrogatories, or (2) an order authorizing
2095-additional interrogatories. The judgment creditor may obtain discovery,
2096-including the taking of depositions, from any person served with
2097-interrogatories in accordance with procedures for discovery in civil
2098-actions without further order of the court. The court may order such
2099-additional discovery as justice requires provided the order shall contain
2100-a notice that failure to comply therewith may subject the person served
2101-to being held in contempt of court.
2102-[(d)] (e) Any party from whom discovery is sought may seek a
2103-protective order pursuant to section 52-400a.
2104-Sec. 37. Section 51-343 of the general statutes is repealed and the
2105-following is substituted in lieu thereof (Effective October 1, 2024):
2106-For purposes of this chapter and section 52-46a, the following
2107-definitions shall apply:
2108-[(a) "Domestic corporation" means any corporation incorporated Substitute Senate Bill No. 426
2109-
2110-Public Act No. 24-108 64 of 71
2111-
2112-under the laws of this state.]
2113-(1) "Domestic business organization" means any sole proprietorship,
2114-partnership, corporation, limited liability company, association, firm or
2115-other form of business or legal entity organized or incorporated under
2116-the laws of this state.
2117-[(b)] (2) "Filed" means filed at the court location where there is a clerk
2118-designated to receive and maintain the record of the action regardless
2119-of the court location to which the writ is made returnable.
2120-[(c) "Foreign corporation"] (3) "Foreign business organization" means
2121-any [corporation] sole proprietorship, partnership, corporation, limited
2122-liability company, association, firm or other form of business or legal
2123-entity incorporated under the laws of any other state or foreign
2124-government.
2125-[(d)] (4) "Made returnable" designates the judicial district court
2126-location or geographical area where the plaintiff desires the case to be
2127-heard.
2128-[(e)] (5) "Property" means anything of value.
2129-[(f) "United States corporation" means any corporation incorporated
2130-under the laws of the United States.]
2131-Sec. 38. Subsection (c) of section 51-345 of the 2024 supplement to the
2132-general statutes is repealed and the following is substituted in lieu
2133-thereof (Effective October 1, 2024):
2134-(c) In all actions by a [corporation] domestic or foreign business
2135-organization, except actions made returnable under subsection (b), (d)
2136-or (g) of this section, civil process shall be made returnable as follows:
2137-(1) If the plaintiff is [either a domestic corporation or a United States
2138-corporation] a domestic business organization and the defendant is a Substitute Senate Bill No. 426
2139-
2140-Public Act No. 24-108 65 of 71
2141-
2142-resident, either (A) to the judicial district where the plaintiff has an office
2143-or place of business, or (B) to the judicial district where the defendant
2144-resides, except:
2145-(i) If the plaintiff has an office or place of business in the town of
2146-Manchester, East Windsor, South Windsor or Enfield, the action may be
2147-made returnable at the option of the plaintiff to either the judicial district
2148-of Hartford or the judicial district of Tolland.
2149-(ii) If the plaintiff has an office or place of business in the town of
2150-Plymouth, the action may be made returnable at the option of the
2151-plaintiff to either the judicial district of New Britain or the judicial
2152-district of Waterbury.
2153-(iii) If the plaintiff has an office or place of business in the town of
2154-Bethany, Milford, West Haven or Woodbridge, the action may be made
2155-returnable at the option of the plaintiff to either the judicial district of
2156-New Haven or the judicial district of Ansonia-Milford.
2157-(iv) If the plaintiff has an office or place of business in the town of
2158-Southbury, the action may be made returnable at the option of the
2159-plaintiff to either the judicial district of Ansonia-Milford or the judicial
2160-district of Waterbury.
2161-(v) If the plaintiff has an office or place of business in the town of
2162-Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston,
2163-Westport or Wilton, the action may be made returnable at the option of
2164-the plaintiff to either the judicial district of Stamford-Norwalk or the
2165-judicial district of Bridgeport.
2166-(vi) If the plaintiff has an office or place of business in the town of
2167-Watertown or Woodbury, the action may be made returnable at the
2168-option of the plaintiff to either the judicial district of Waterbury or the
2169-judicial district of Litchfield. Substitute Senate Bill No. 426
2170-
2171-Public Act No. 24-108 66 of 71
2172-
2173-(vii) If the plaintiff has an office or place of business in the town of
2174-Avon, Canton, Farmington or Simsbury, the action may be made
2175-returnable at the option of the plaintiff to either the judicial district of
2176-Hartford or the judicial district of New Britain.
2177-(viii) If the plaintiff has an office or place of business in the town of
2178-Newington, Rocky Hill or Wethersfield, the action may be made
2179-returnable at the option of the plaintiff to either the judicial district of
2180-Hartford or the judicial district of New Britain, except for actions where
2181-venue is in the geographical area as provided in section 51-348, as
2182-amended by this act, or in rules of court.
2183-(ix) If the plaintiff has an office or place of business in the town of
2184-Cromwell, the action may be made returnable at the option of the
2185-plaintiff to either the judicial district of Hartford or the judicial district
2186-of Middlesex.
2187-(x) If the plaintiff has an office or place of business in the town of New
2188-Milford, the action may be made returnable at the option of the plaintiff
2189-to either the judicial district of Danbury or the judicial district of
2190-Litchfield.
2191-(xi) If the plaintiff has an office or place of business in the town of
2192-Windham or Ashford, the action may be made returnable at the option
2193-of the plaintiff to either the judicial district of Windham or the judicial
2194-district of Tolland.
2195-(2) If the plaintiff is [either a domestic corporation or a United States
2196-corporation] a domestic business organization and the defendant is a
2197-[corporation, domestic or foreign] domestic or foreign business
2198-organization, to the judicial district where (A) the plaintiff has an office
2199-or place of business, (B) the injury occurred, (C) the transaction
2200-occurred, or (D) the property is located or lawfully attached, except:
2201-(i) If the plaintiff has an office or place of business in the town of Substitute Senate Bill No. 426
2202-
2203-Public Act No. 24-108 67 of 71
2204-
2205-Manchester, East Windsor, South Windsor or Enfield, the action may be
2206-made returnable at the option of the plaintiff to either the judicial district
2207-of Hartford or the judicial district of Tolland.
2208-(ii) If the plaintiff has an office or place of business in the town of
2209-Plymouth, the action may be made returnable at the option of the
2210-plaintiff to either the judicial district of New Britain or the judicial
2211-district of Waterbury.
2212-(iii) If the plaintiff has an office or place of business in the town of
2213-Bethany, Milford, West Haven or Woodbridge, the action may be made
2214-returnable at the option of the plaintiff to either the judicial district of
2215-New Haven or the judicial district of Ansonia-Milford.
2216-(iv) If the plaintiff has an office or place of business in the town of
2217-Southbury, the action may be made returnable at the option of the
2218-plaintiff to either the judicial district of Ansonia-Milford or the judicial
2219-district of Waterbury.
2220-(v) If the plaintiff has an office or place of business in the town of
2221-Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston,
2222-Westport or Wilton, the action may be made returnable at the option of
2223-the plaintiff to either the judicial district of Stamford-Norwalk or the
2224-judicial district of Bridgeport.
2225-(vi) If the plaintiff has an office or place of business in the town of
2226-Watertown or Woodbury, the action may be made returnable at the
2227-option of the plaintiff to either the judicial district of Waterbury or the
2228-judicial district of Litchfield.
2229-(vii) If the plaintiff has an office or place of business in the town of
2230-Avon, Canton, Farmington or Simsbury, the action may be made
2231-returnable at the option of the plaintiff to either the judicial district of
2232-Hartford or the judicial district of New Britain. Substitute Senate Bill No. 426
2233-
2234-Public Act No. 24-108 68 of 71
2235-
2236-(viii) If the plaintiff has an office or place of business in the town of
2237-Newington, Rocky Hill or Wethersfield, the action may be made
2238-returnable at the option of the plaintiff to either the judicial district of
2239-Hartford or the judicial district of New Britain, except for actions where
2240-venue is in the geographical area as provided in section 51-348, as
2241-amended by this act, or in rules of court.
2242-(ix) If the plaintiff has an office or place of business in the town of
2243-Cromwell, the action may be made returnable at the option of the
2244-plaintiff to either the judicial district of Hartford or the judicial district
2245-of Middlesex.
2246-(x) If the plaintiff has an office or place of business in the town of New
2247-Milford, the action may be made returnable at the option of the plaintiff
2248-to either the judicial district of Danbury or the judicial district of
2249-Litchfield.
2250-(xi) If the plaintiff has an office or place of business in the town of
2251-Windham or Ashford, the action may be made returnable at the option
2252-of the plaintiff to either the judicial district of Windham or the judicial
2253-district of Tolland.
2254-(3) If the plaintiff is a foreign [corporation] business organization and
2255-the defendant is a resident, to the judicial district where the defendant
2256-resides.
2257-(4) If the plaintiff is a foreign [corporation] business organization and
2258-the defendant is a [corporation,] domestic or foreign business
2259-organization, to the judicial district where (A) the injury occurred, (B)
2260-the transaction occurred, or (C) the property is located or lawfully
2261-attached.
2262-Sec. 39. Subsection (g) of section 51-345 of the 2024 supplement to the
2263-general statutes is repealed and the following is substituted in lieu
2264-thereof (Effective October 1, 2024): Substitute Senate Bill No. 426
2265-
2266-Public Act No. 24-108 69 of 71
2267-
2268-(g) Venue for small claims matters shall be at Superior Court facilities
2269-designated by the Chief Court Administrator to hear such matters. In
2270-small claims matters, civil process shall be made returnable to the
2271-Superior Court facility designated by the Chief Court Administrator to
2272-serve the small claims area where the plaintiff resides, where the
2273-defendant resides or is doing business or where the transaction or injury
2274-occurred. If the plaintiff is a [domestic corporation, a United States
2275-corporation, a foreign corporation or a limited liability company]
2276-domestic or foreign business organization, civil process shall be made
2277-returnable to a Superior Court facility designated by the Chief Court
2278-Administrator to serve the small claims area where the defendant
2279-resides or is doing business or where the transaction or injury occurred.
2280-Sec. 40. Section 22-357 of the general statutes is repealed and the
2281-following is substituted in lieu thereof (Effective October 1, 2024):
2282-(a) As used in this section:
2283-(1) "Law enforcement officer" means: Each officer, employee or other
2284-person otherwise paid by or acting as an agent of (A) the Division of
2285-State Police within the Department of Emergency Services and Public
2286-Protection; (B) the Office of the State Capitol Police; (C) a municipal
2287-police department; and (D) the Department of Correction;
2288-(2) "Property" includes, but is not limited to, a companion animal, as
2289-defined in section 22-351a; and
2290-(3) "The amount of such damage", with respect to a companion
2291-animal, includes expenses of veterinary care, the fair monetary value of
2292-the companion animal, including all training expenses for a guide dog
2293-owned by a blind person or an assistance dog owned by a deaf or
2294-mobility impaired person and burial expenses for the companion
2295-animal.
2296-(b) If any dog does any damage to either the body or property of any Substitute Senate Bill No. 426
2297-
2298-Public Act No. 24-108 70 of 71
2299-
2300-person, the owner, [or] keeper, or both, shall be liable for the amount of
2301-such damage, except when such damage has been occasioned to the
2302-body or property of a person who, at the time such damage was
2303-sustained, was committing a trespass or other tort, or was teasing,
2304-tormenting or abusing such dog. [or, if] If the owner or keeper is a
2305-minor, the parent or guardian of such minor, shall be liable for the
2306-amount of such damage. [, except when such damage has been
2307-occasioned to the body or property of a person who, at the time such
2308-damage was sustained, was committing a trespass or other tort, or was
2309-teasing, tormenting or abusing such dog.] If a minor, on whose behalf
2310-an action under this section is brought, was under seven years of age at
2311-the time such damage was done, it shall be presumed that such minor
2312-was not committing a trespass or other tort, or teasing, tormenting or
2313-abusing such dog, and the burden of proof thereof shall be upon the
2314-defendant in such action. In an action under this section against a
2315-household member of a law enforcement officer to whom has been
2316-assigned a dog owned by a law enforcement agency of the state, any
2317-political subdivision of the state or the federal government for damage
2318-done by such dog, it shall be presumed that such household member is
2319-not a keeper of such dog and the burden of proof shall be upon the
2320-plaintiff to establish that such household member was a keeper of such
2321-dog and had exclusive control of such dog at the time such damage was
2322-sustained.
2323-Sec. 41. Section 22-364b of the 2024 supplement to the general statutes
2324-is repealed and the following is substituted in lieu thereof (Effective
2325-October 1, 2024):
2326-The owner or keeper of a dog shall restrain and control such dog on
2327-a leash when such dog is not on the property of its owner or keeper and
2328-is in proximity to a person with a disability accompanied by a service
2329-animal, provided such service animal is readily identifiable as a service
2330-animal, is in the direct custody of such person and is licensed in Substitute Senate Bill No. 426
2331-
2332-Public Act No. 24-108 71 of 71
2333-
2334-accordance with section 22-345. Any person who violates the provisions
2335-of this section shall have committed an infraction. If an owner or keeper
2336-of a dog violates the provisions of this section and, as a result of such
2337-violation, such dog attacks and injures the service animal, such owner,
2338-[or] keeper, or both, shall be liable, as provided in section 22-357, as
2339-amended by this act, for any damage done to such service animal, and
2340-such liability shall include liability for any costs incurred by such person
2341-for the veterinary care, rehabilitation or replacement of the injured
2342-service animal and for reasonable attorney's fees.
2343-Sec. 42. Subsection (a) of section 54-142t of the 2024 supplement to the
2344-general statutes is repealed and the following is substituted in lieu
2345-thereof (Effective from passage):
2346-(a) The Department of Emergency Services and Public Protection, in
2347-consultation with the Judicial Branch and the Criminal Justice
2348-Information System Governing Board established pursuant to section
2349-54-142q, shall develop and implement automated processes for erasure
2350-pursuant to section 54-142a. Any agency holding records subject to such
2351-automated processes for erasure, including, but not limited to, the
2352-Department of Correction, the Division of Criminal Justice, the Judicial
2353-Branch and the Criminal Justice Information System Governing Board,
2354-shall assist the Department of Emergency Services and Public Protection
2355-in carrying out such automated processes for erasure and shall provide
2356-all necessary information to the Department of Emergency Services and
2357-Public Protection.
2358-Sec. 43. Section 9 of public act 24-18 is repealed. (Effective from passage)
2359-Sec. 44. Sections 51-59 and 51-185 of the general statutes are repealed.
2360-(Effective July 1, 2024)
16+Section 1. Subdivision (1) of subsection (a) of section 4a-60 of the 1
17+general statutes is repealed and the following is substituted in lieu 2
18+thereof (Effective July 1, 2024): 3
19+(1) The contractor agrees and warrants that in the performance of the 4
20+contract such contractor will not discriminate or permit discrimination 5
21+against any person or group of persons on the grounds of race, color, 6
22+religious creed, age, marital status, national origin, ancestry, sex, gender 7
23+identity or expression, status as a veteran, status as a victim of domestic 8
24+violence, intellectual disability, mental disability or physical disability, 9
25+including, but not limited to, blindness, unless it is shown by such 10
26+contractor that such disability prevents performance of the work 11
27+involved, in any manner prohibited by the laws of the United States or 12
28+of the state of Connecticut; and the contractor further agrees to take 13
29+affirmative action to ensure that applicants with job-related 14
30+qualifications are employed and that employees are treated when 15
31+employed without regard to their race, color, religious creed, age, 16
32+marital status, national origin, ancestry, sex, gender identity or 17
33+expression, status as a veteran, status as a victim of domestic violence, 18
34+intellectual disability, mental disability or physical disability, including, 19 Substitute Bill No. 426
35+
36+
37+LCO 2 of 62
38+
39+but not limited to, blindness, unless it is shown by such contractor that 20
40+such disability prevents performance of the work involved; 21
41+Sec. 2. Subsection (b) of section 14-140 of the general statutes is 22
42+repealed and the following is substituted in lieu thereof (Effective July 1, 23
43+2024): 24
44+(b) If any person so arrested or summoned wilfully fails to appear for 25
45+any scheduled court appearance at the time and place assigned, or if any 26
46+person charged with an infraction involving the use of a motor vehicle, 27
47+or with a motor vehicle violation specified in section 51-164n, wilfully 28
48+fails to comply with remote events and deadlines set by the court for 29
49+infractions and violations specified in section 51-164n or fails to pay the 30
50+fine and any additional fee imposed or send in his plea of not guilty by 31
51+the answer date or wilfully fails to appear for any scheduled court 32
52+appearance which may be required, or if any person fails to pay any 33
53+surcharge imposed under section 13b-70, any fee imposed under section 34
54+51-56a or any cost imposed under section 54-143 or 54-143a, a report of 35
55+such failure shall be sent to the commissioner by the court having 36
56+jurisdiction. The provisions of this section shall be extended to any 37
57+nonresident owner or operator of a motor vehicle residing in any state, 38
58+the proper authorities of which agree with the commissioner to revoke, 39
59+until personal appearance to answer the charge against him, his motor 40
60+vehicle registration certificate or operator's license, upon his failure to 41
61+appear for any scheduled court appearance. Any infractions or 42
62+violations, for which a report of failure to appear has been sent to the 43
63+commissioner under this subsection, that have not otherwise been 44
64+disposed of shall be dismissed by operation of law seven years after 45
65+such report was sent. 46
66+Sec. 3. Subsection (c) of section 29-38c of the 2024 supplement to the 47
67+general statutes is repealed and the following is substituted in lieu 48
68+thereof (Effective October 1, 2024): 49
69+(c) A risk protection order issued under subsection (a) of this section, 50
70+may issue only on an affidavit sworn to by the complainant establishing 51 Substitute Bill No. 426
71+
72+
73+LCO 3 of 62
74+
75+the grounds for issuing the order. A risk warrant issued under 52
76+subsection (a) of this section may issue only on an affidavit sworn to by 53
77+the complainant before the judge, either in person or electronically with 54
78+simultaneous sight and sound, establishing the grounds for issuing the 55
79+warrant. Any such affidavit shall be part of the court file. In determining 56
80+whether there is probable cause for a risk protection order and warrant, 57
81+if applicable, under subsection (a) of this section, the judge shall 58
82+consider: (1) Recent threats or acts of violence by such person directed 59
83+toward other persons; (2) recent threats or acts of violence by such 60
84+person directed toward such person's self; and (3) recent acts of cruelty 61
85+to animals as provided in subsection (b) of section 53-247 by such 62
86+person. In evaluating whether such recent threats or acts of violence 63
87+constitute probable cause to believe that such person poses a risk of 64
88+imminent personal injury to such person's self or to others, the judge 65
89+may consider other factors including, but not limited to (A) the reckless 66
90+use, display or brandishing of a firearm or other deadly weapon by such 67
91+person, (B) a history of the use, attempted use or threatened use of 68
92+physical force by such person against other persons, (C) prior 69
93+involuntary confinement of such person in a hospital for persons with 70
94+psychiatric disabilities, and (D) the illegal use of controlled substances 71
95+or abuse of alcohol by such person. In the case of a complaint made 72
96+under subsection (a) of this section, if the judge is satisfied that the 73
97+grounds for the complaint exist or that there is probable cause to believe 74
98+that such grounds exist, such judge shall issue a risk protection order 75
99+and warrant, if applicable, naming or describing the person, and, in the 76
100+case of the issuance of a warrant, the place or thing to be searched. The 77
101+order and warrant, if applicable, shall be directed to any police officer 78
102+of a regularly organized police department or any state police officer. 79
103+The order and warrant, if applicable, shall state the grounds or probable 80
104+cause for issuance and, in the case of a warrant, the warrant shall 81
105+command the officer to search within a reasonable time the person, 82
106+place or thing named for any and all firearms and other deadly weapons 83
107+and ammunition. A copy of the order and warrant, if applicable, shall 84
108+be served upon the person named in the order not later than three days 85
109+prior to the hearing scheduled pursuant to subsection (e) of this section, 86 Substitute Bill No. 426
110+
111+
112+LCO 4 of 62
113+
114+together with a notice informing the person that such person has the 87
115+right to a hearing under this section, the telephone number for the court 88
116+clerk who can inform the person of the date and time of such hearing 89
117+and the right to be represented by counsel at such hearing. 90
118+Sec. 4. Subsection (a) of section 46b-3 of the general statutes is 91
119+repealed and the following is substituted in lieu thereof (Effective from 92
120+passage): 93
121+(a) The [judges of the Superior Court] Chief Court Administrator 94
122+shall appoint such [domestic relations officers and other] family 95
123+relations personnel as [they deem] the Chief Court Administrator deems 96
124+necessary for the proper operation of the family relations sessions. The 97
125+salaries and duties of such officers shall be determined by the judges of 98
126+the Supreme Court in accordance with the compensation plan 99
127+established under section 51-12. For the purposes of any investigation 100
128+or pretrial conference the judge presiding at any family relations session 101
129+may employ the services of any probation officer, including those under 102
130+the direction of Adult Probation Services, physician, psychologist, 103
131+psychiatrist or family counselor. [Each person serving on July 1, 1978, in 104
132+the Court of Common Pleas appointed under the provisions of section 105
133+51-156c, revised to 1975, shall continue to serve in the Superior Court. In 106
134+no event shall the compensation of such person be affected solely as a 107
135+result of the transfer of jurisdiction provided in section 51-164s.] The 108
136+Chief Court Administrator may assign, reassign and modify the 109
137+assignments of such family relations personnel as [he] such 110
138+administrator deems necessary to be in the best interest of the 111
139+disposition of family relations matters. [Such family relations personnel 112
140+shall also be available to assist the courts of probate in cases involving 113
141+judicial consent to marriage of a minor.] 114
142+Sec. 5. Section 46b-123 of the general statutes is repealed and the 115
143+following is substituted in lieu thereof (Effective from passage): 116
144+The [judges of the Superior Court, or in the discretion of the Chief 117
145+Court Administrator, a committee of said judges designated by the 118 Substitute Bill No. 426
146+
147+
148+LCO 5 of 62
149+
150+Chief Court Administrator,] Chief Court Administrator shall appoint 119
151+such probation officers, probation aides, clerks, detention personnel, 120
152+clerical assistants and other personnel, including supervisory staff, as 121
153+[they deem] the Chief Court Administrator deems necessary for the 122
154+treatment and handling of juvenile matters within the venue districts 123
155+established under section 46b-142, as amended by this act. The Chief 124
156+Court Administrator may assign, reassign and modify the assignments 125
157+of such personnel and assign such duties within the Superior Court as 126
158+[he] the administrator deems necessary for the efficient operation of the 127
159+courts. [Any person serving in any such capacity in the Juvenile Court 128
160+on July 1, 1978, shall continue to serve in the Superior Court at the 129
161+compensation he was receiving in the Juvenile Court under the 130
162+compensation plan established pursuant to section 51-12, for the 131
163+remainder of any term to which he was appointed. In no event shall the 132
164+compensation of any such person be affected solely as a result of the 133
165+transfer of jurisdiction in section 51-164s. Any of such appointees] Any 134
166+appointee may be discharged by the [appointing authority] Chief Court 135
167+Administrator for cause and after hearing. The salaries of each of such 136
168+[officials] personnel shall be fixed by the judges of the Supreme Court, 137
169+subject to the provisions of section 51-12. 138
170+Sec. 6. Subsection (a) of section 46b-142 of the general statutes is 139
171+repealed and the following is substituted in lieu thereof (Effective from 140
172+passage): 141
173+(a) The Chief Court Administrator [, in consultation with the judges 142
174+of the Superior Court,] shall establish districts for the purpose of 143
175+establishing venue in juvenile matters. All petitions concerning 144
176+delinquent children shall be heard within the district where the 145
177+delinquency is alleged to have occurred or where the child resides, in 146
178+the discretion of the court. All other petitions shall be heard within the 147
179+district where the child or youth resided at the time of the filing of the 148
180+petition, but for the purposes of this section any child or youth born in 149
181+any hospital or institution where the mother is confined at the time of 150
182+birth shall be deemed to have residence in the district wherein such 151
183+child's or youth's mother was living at the time of her admission to such 152 Substitute Bill No. 426
184+
185+
186+LCO 6 of 62
187+
188+hospital or institution. 153
189+Sec. 7. Section 46b-207 of the general statutes is repealed and the 154
190+following is substituted in lieu thereof (Effective from passage): 155
191+The [court] Chief Court Administrator is authorized to establish and 156
192+maintain Support Enforcement Services and such offices thereof as [it 157
193+determines are] the administrator deems necessary for the proper 158
194+handling of the administrative details incident to proceedings under 159
195+sections 46b-231 and 46b-301 to 46b-425, inclusive, and may appoint 160
196+such personnel as necessary for the proper administration of the 161
197+nonjudicial functions of proceedings under sections 46b-231 and 46b-162
198+301 to 46b-425, inclusive. 163
199+Sec. 8. Section 47a-35a of the general statutes is repealed and the 164
200+following is substituted in lieu thereof (Effective July 1, 2024): 165
201+(a) When any appeal is taken by the defendant occupying a dwelling 166
202+unit [as defined in section 47a-1] in an action of summary process, [he 167
203+shall, within the period allowed for taking such appeal, give a bond with 168
204+surety to the adverse party] the chief clerk of the Appellate Court, or the 169
205+chief clerk's designee, shall transmit notice of the pendency of the appeal 170
206+to the Superior Court that rendered the judgment that is the subject of 171
207+the appeal. Upon receipt of the notice of the pendency of such appeal, 172
208+the Superior Court shall schedule and conduct a hearing to guarantee 173
209+payment for all rents that may accrue during the pendency of such 174
210+appeal. The Superior Court shall schedule and conduct such hearing not 175
211+later than fourteen days after the date of receiving notice of the 176
212+pendency of such appeal. After conducting such hearing the Superior 177
213+Court may order the defendant to deposit with the court (1) an amount 178
214+equal to the defendant's portion of the last-agreed upon rent, or [,] (2) 179
215+where no lease had existed, [for] an amount equal to the reasonable 180
216+value for such use and occupancy that may so accrue. [; provided the 181
217+court shall upon motion by the defendant and after] After hearing 182
218+thereon, the court shall order the defendant to deposit with the court 183
219+payments for the reasonable fair rental value of the use and occupancy 184 Substitute Bill No. 426
220+
221+
222+LCO 7 of 62
223+
224+of the premises during the pendency of such appeal accruing from the 185
225+date [of such order] on which such appeal was filed. Such order shall 186
226+permit the payment of such amount in monthly installments, as it 187
227+becomes due. [, and compliance with such order shall be a substitute for 188
228+any bond required by this section.] If all or a portion of the defendant's 189
229+rent is being paid to the plaintiff by a housing authority, municipality, 190
230+state agency or similar entity, this requirement shall be satisfied if the 191
231+defendant deposits with the court an amount equal to [his] the 192
232+defendant's portion of the rent. 193
233+(b) In any other appeal the court on its own motion or on motion of 194
234+the parties, may fix a sufficient bond with surety to the adverse party in 195
235+such amount as it may determine. 196
236+(c) When any appeal is taken by a plaintiff in an action of summary 197
237+process, the court, upon motion of the plaintiff and after a hearing 198
238+thereon, shall order the defendant to deposit with the court payments 199
239+in monthly installments, as each payment becomes due, for the 200
240+reasonable fair rental value of the use and occupancy of the premises 201
241+during the pendency of the appeal accruing from the date of such order. 202
242+Sec. 9. Subsection (a) of section 47a-69 of the 2024 supplement to the 203
243+general statutes is repealed and the following is substituted in lieu 204
244+thereof (Effective from passage): 205
245+(a) The [judges of the Superior Court or an authorized committee 206
246+thereof] Chief Court Administrator may appoint such housing 207
247+mediators as [they deem] the administrator deems necessary for the 208
248+purpose of assisting the court in the prompt and efficient hearing of 209
249+housing matters within the limit of their appropriation therefor. [Such 210
250+judges or such committee] The Chief Court Administrator shall appoint 211
251+not less than two such mediators for each of the judicial districts of 212
252+Hartford, New Haven and Bridgeport and may designate one of them 213
253+in each judicial district as chief housing mediator. [Such judges or 214
254+committee] The Chief Court Administrator shall also appoint not less 215
255+than three such housing mediators for all other judicial districts. The 216 Substitute Bill No. 426
256+
257+
258+LCO 8 of 62
259+
260+housing mediators for the judicial district of New Haven shall assist the 217
261+court in the hearing of housing matters in the judicial district of 218
262+Waterbury, the housing mediators for the judicial district of Hartford 219
263+shall assist the court in the hearing of housing matters in the judicial 220
264+district of New Britain and the housing mediators for the judicial district 221
265+of Bridgeport shall assist the court in the hearing of housing matters in 222
266+the judicial district of Stamford-Norwalk. 223
267+Sec. 10. Section 51-27b of the general statutes is repealed and the 224
268+following is substituted in lieu thereof (Effective from passage): 225
269+There shall be sufficient offices of the Superior Court for the efficient 226
270+operation of the court. The number and location of the offices shall be 227
271+designated by the Chief Court Administrator. [, after consultation with 228
272+the judges of the Superior Court.] 229
273+Sec. 11. Section 51-51v of the general statutes is repealed and the 230
274+following is substituted in lieu thereof (Effective from passage): 231
275+(a) The [judges of the Superior Court, at their annual meeting in June,] 232
276+Chief Court Administrator shall appoint: (1) Chief clerks for the judicial 233
277+districts; (2) deputy chief clerks for those judicial districts designated by 234
278+[an authorized committee of the judges] the Chief Court Administrator; 235
279+(3) first assistant clerks for those judicial districts designated by [an 236
280+authorized committee of the judges] the Chief Court Administrator; (4) 237
281+clerks for the geographical areas; (5) a clerk for the Centralized 238
282+Infractions Bureau; and (6) clerks for housing matters, including a chief 239
283+clerk for housing matters. 240
284+(b) The [judges of the Superior Court or an authorized committee 241
285+thereof] Chief Court Administrator shall appoint, as [is deemed] the 242
286+administrator deems necessary for the efficient operation of the courts, 243
287+(1) assistant clerks for judicial districts and geographical areas, and (2) 244
288+deputy clerks for those geographical areas designated by the [judges of 245
289+the Superior Court or an authorized committee thereof] Chief Court 246
290+Administrator. 247 Substitute Bill No. 426
291+
292+
293+LCO 9 of 62
294+
295+(c) A [judge holding a session] chief clerk for a judicial district of the 248
296+Superior Court or such clerk's designee may, if [he] such clerk deems it 249
297+necessary, appoint a temporary assistant clerk or clerks for the Superior 250
298+Court. A temporary assistant clerk shall hold office for such time as is 251
299+deemed necessary for the convenient conduct of the business of the 252
300+court in which [he] such clerk was appointed and may at any time be 253
301+discharged by the [order of the senior acting judge holding court in] 254
302+chief clerk of the judicial district for which [he] such clerk was 255
303+appointed. 256
304+(d) The [judges of the Superior Court or an authorized committee of 257
305+Superior Court judges] Chief Court Administrator may, in [their] the 258
306+administrator's discretion, appoint such administrative and clerical 259
307+personnel as the business of the court requires. 260
308+(e) The [judges or an authorized committee thereof] Chief Court 261
309+Administrator may fill any vacancy which may occur in the clerks' 262
310+offices. 263
311+(f) The Chief Court Administrator may assign, reassign or modify the 264
312+assignment of such clerical personnel as [he] the administrator deems 265
313+necessary for the efficient operation of the courts. 266
314+(g) Whenever the word "clerk" is used in the general statutes to mean 267
315+the clerk of the Superior Court, it shall, except with respect to 268
316+compensation, be construed to include any chief clerk, deputy chief 269
317+clerk, deputy clerk, assistant clerk of the court and the clerk of the 270
318+Centralized Infractions Bureau unless the context otherwise requires. 271
319+Sec. 12. Subsection (b) of section 51-60 of the general statutes is 272
320+repealed and the following is substituted in lieu thereof (Effective from 273
321+passage): 274
322+(b) The [judges of the Superior Court] Chief Court Administrator 275
323+shall appoint official court reporters for the court as the [judges or an 276
324+authorized committee thereof] administrator determines the business of 277
325+the court requires. 278 Substitute Bill No. 426
326+
327+
328+LCO 10 of 62
329+
330+Sec. 13. Subsection (a) of section 51-90c of the general statutes is 279
331+repealed and the following is substituted in lieu thereof (Effective from 280
332+passage): 281
333+(a) The [judges of the Superior Court] Chief Court Administrator 282
334+shall appoint an attorney to act as State-Wide Bar Counsel, who shall 283
335+serve full-time, and such number of attorneys to act as assistant bar 284
336+counsel as are necessary. [, for a term of one year commencing July first.] 285
337+Any vacancy in the position of State-Wide Bar Counsel or assistant bar 286
338+counsel shall be filled by the [executive committee of the Superior Court 287
339+which shall appoint an attorney for the unexpired portion of the term] 288
340+Chief Court Administrator. Compensation of the State-Wide Bar 289
341+Counsel and assistant bar counsel shall be established by, and paid from 290
342+funds appropriated to, the Judicial Department. 291
343+Sec. 14. Subsection (a) of section 51-90d of the general statutes is 292
344+repealed and the following is substituted in lieu thereof (Effective from 293
345+passage): 294
346+(a) The [judges of the Superior Court] Chief Court Administrator 295
347+shall appoint attorneys to serve as grievance counsel for grievance 296
348+panels and shall appoint one or more investigators. The investigators 297
349+shall be under the supervision of the State-Wide Bar Counsel and shall 298
350+serve the State-Wide Grievance Committee, the reviewing 299
351+subcommittees of the State-Wide Grievance Committee and the 300
352+grievance panels. [Grievance counsel and investigators shall serve for a 301
353+term of one year commencing July first. Any vacancy in the position of 302
354+grievance counsel or investigator shall be filled by the executive 303
355+committee of the Superior Court for the unexpired portion of the term.] 304
356+Compensation of the grievance counsel and investigator shall be 305
357+established by, and paid from funds appropriated to, the Judicial 306
358+Department. [Such appointees may be placed on the Judicial 307
359+Department payroll or be paid on a contractual basis.] 308
360+Sec. 15. Section 51-164m of the general statutes is repealed and the 309
361+following is substituted in lieu thereof (Effective from passage): 310 Substitute Bill No. 426
362+
363+
364+LCO 11 of 62
365+
366+(a) The [judges of the Superior Court] Chief Court Administrator 311
367+shall establish and maintain a schedule of fines to be paid for the 312
368+violation of the sections of the general statutes deemed to be infractions. 313
369+The [judges of the Superior Court] Chief Court Administrator shall 314
370+establish and maintain a separate sliding scale of fines for speeding 315
371+infractions committed under section 14-219 with a minimum fine of fifty 316
372+dollars and the fine increasing in proportion to the severity of the 317
373+violation. The fines may be modified as the [judges of the Superior Court 318
374+deem] Chief Court Administrator deems advisable. 319
375+(b) The [judges of the Superior Court] Chief Court Administrator 320
376+shall establish and maintain a schedule of fines to be paid for those 321
377+violations of section 14-219 specified in subsection (e) of said section, 322
378+with such fines increasing in proportion to the severity of the violation 323
379+and for violations under subsection (b) of section 51-164n. The fines may 324
380+be modified as the [judges of the Superior Court deem] Chief Court 325
381+Administrator deems advisable. 326
382+(c) (1) Except as provided in subdivision (2) of this subsection, no fine 327
383+established in accordance with the provisions of subsection (a) of this 328
384+section may be less than thirty-five dollars or more than ninety dollars. 329
385+(2) No fine established in accordance with the provisions of 330
386+subsection (a) of this section for a violation of any provision of title 14 331
387+deemed an infraction may be less than fifty dollars or more than ninety 332
388+dollars, except that fines established for parking tag violations may be 333
389+less than fifty dollars. 334
390+(d) No fine established in accordance with the provisions of 335
391+subsection (b) of this section may be in an amount in excess of the 336
392+maximum amount specified by statute for such violation. 337
393+(e) Any infraction for which a fine has not been established pursuant 338
394+to the provisions of subsection (a) of this section shall carry a fine of 339
395+thirty-five dollars or, if the infraction is for a violation of any provision 340
396+of title 14, fifty dollars, until such time as the [judges of the Superior 341
397+Court] Chief Court Administrator may establish a different fine for such 342 Substitute Bill No. 426
398+
399+
400+LCO 12 of 62
401+
402+infraction. 343
403+(f) Any violation for which a fine has not been established pursuant 344
404+to subsection (b) of this section shall carry a fine of one hundred dollars 345
405+or the maximum fine specified by statute for such violation, whichever 346
406+is less. 347
407+Sec. 16. Subsection (d) of section 51-193c of the general statutes is 348
408+repealed and the following is substituted in lieu thereof (Effective October 349
409+1, 2024): 350
410+(d) Any notice, order, judgment, decision, decree, memorandum, 351
411+ruling, opinion, mittimus, warrant and any form related to such 352
412+warrant, affidavit, finding or similar document that is issued by the 353
413+Superior Court or by a judge, judge trial referee or family support 354
414+magistrate thereof, by a magistrate appointed pursuant to section 51-355
415+193l or by a commissioner of the Superior Court approved by the Chief 356
416+Court Administrator to hear small claims pursuant to section 52-549d, 357
417+may be signed or verified by computer or facsimile transmission or by 358
418+employing other technology in accordance with procedures and 359
419+technical standards, if any, established by the Office of the Chief Court 360
420+Administrator, and such notice, order, judgment, decision, decree, 361
421+memorandum, ruling, opinion, mittimus, warrant and any form related 362
422+to such warrant, affidavit, finding or similar document shall have the 363
423+same validity and status as a paper document that was signed or 364
424+verified by the Superior Court or by a judge, judge trial referee or family 365
425+support magistrate thereof, by a magistrate appointed pursuant to 366
426+section 51-193l or by a commissioner of the Superior Court approved by 367
427+the Chief Court Administrator to hear small claims pursuant to section 368
428+52-549d. 369
429+Sec. 17. Section 51-237 of the general statutes is repealed and the 370
430+following is substituted in lieu thereof (Effective from passage): 371
431+Each juror, duly chosen, drawn and summoned, who fails to appear 372
432+shall be subject to a civil penalty, the amount of which shall be 373
433+established by the [judges of the Superior Court] Chief Court 374 Substitute Bill No. 426
434+
435+
436+LCO 13 of 62
437+
438+Administrator, but the court may excuse such juror from the payment 375
439+thereof. If a sufficient number of the jurors summoned do not appear, or 376
440+if for any cause there is not a sufficient number of jurors to make up the 377
441+panel, the court may order such number of persons who qualify for jury 378
442+service under section 51-217 to be summoned as may be necessary, as 379
443+talesmen, and any talesman so summoned who makes default of 380
444+appearance without sufficient cause shall be subject to a civil penalty, 381
445+the amount of which shall be established by the [judges of the Superior 382
446+Court] Chief Court Administrator. The provisions of this section shall 383
447+be enforced by the Attorney General within available appropriations. 384
448+Sec. 18. Subsection (a) of section 51-348 of the general statutes is 385
449+repealed and the following is substituted in lieu thereof (Effective from 386
450+passage): 387
451+(a) The geographical areas of the Court of Common Pleas established 388
452+pursuant to section 51-156a, revised to 1975, shall be the geographical 389
453+areas of the Superior Court on July 1, 1978. The Chief Court 390
454+Administrator [, after consultation with the judges of the Superior 391
455+Court,] may alter the boundary of any geographical area to provide for 392
456+a new geographical area provided [that] each geographical area so 393
457+altered or so authorized shall remain solely within the boundary of a 394
458+single judicial district. 395
459+Sec. 19. Subsection (d) of section 54-33a of the general statutes is 396
460+repealed and the following is substituted in lieu thereof (Effective October 397
461+1, 2024): 398
462+(d) A warrant may issue only on affidavit sworn to by the 399
463+complainant or complainants before the judge or judge trial referee, 400
464+either in person or electronically with simultaneous sight and sound, 401
465+and establishing the grounds for issuing the warrant, which affidavit 402
466+shall be part of the arrest file. If the judge or judge trial referee is satisfied 403
467+that grounds for the application exist or that there is probable cause to 404
468+believe that grounds for the application exist, the judge or judge trial 405
469+referee shall issue a warrant identifying the property and naming or 406 Substitute Bill No. 426
470+
471+
472+LCO 14 of 62
473+
474+describing the person, place or thing to be searched or authorizing the 407
475+installation and use of a tracking device and identifying the person on 408
476+which or the property to, in or on which the tracking device is to be 409
477+installed. The warrant shall be directed to any police officer of a 410
478+regularly organized police department or any state police officer, to an 411
479+inspector in the Division of Criminal Justice, to a conservation officer, 412
480+special conservation officer or patrolman acting pursuant to section 26-413
481+6 or to a sworn motor vehicle inspector acting under the authority of 414
482+section 14-8. Except for a warrant for the installation and use of a 415
483+tracking device, the warrant shall state the date and time of its issuance 416
484+and the grounds or probable cause for its issuance and shall command 417
485+the officer to search within a reasonable time the person, place or thing 418
486+named, for the property specified. A warrant for the installation and use 419
487+of a tracking device shall state the date and time of its issuance and the 420
488+grounds or probable cause for its issuance and shall command the 421
489+officer to complete the installation of the device within a specified 422
490+period not later than ten days after the date of its issuance and authorize 423
491+the installation and use of the tracking device, including the collection 424
492+of data through such tracking device, for a reasonable period of time not 425
493+to exceed thirty days from the date the tracking device is installed. Upon 426
494+request and a showing of good cause, a judge or judge trial referee may 427
495+authorize the use of the tracking device for an additional period of thirty 428
496+days. 429
497+Sec. 20. Section 54-63c of the general statutes is repealed and the 430
498+following is substituted in lieu thereof (Effective July 1, 2024): 431
499+(a) Except in cases of arrest pursuant to a bench warrant of arrest in 432
500+which the court or a judge thereof has indicated that bail should be 433
501+denied or ordered that the officer or indifferent person making such 434
502+arrest shall, without undue delay, bring such person before the clerk or 435
503+assistant clerk of the superior court for the geographical area under 436
504+section 54-2a, when any person is arrested for a bailable offense, the 437
505+chief of police, or the chief's authorized designee, of the police 438
506+department having custody of the arrested person or any probation 439
507+officer serving a violation of probation warrant shall promptly advise 440 Substitute Bill No. 426
508+
509+
510+LCO 15 of 62
511+
512+such person of the person's rights under section 54-1b, and of the 441
513+person's right to be interviewed concerning the terms and conditions of 442
514+release. Unless the arrested person waives or refuses such interview, the 443
515+police officer or probation officer shall promptly interview the arrested 444
516+person to obtain information relevant to the terms and conditions of the 445
517+person's release from custody, and shall seek independent verification 446
518+of such information where necessary. At the request of the arrested 447
519+person, the person's counsel may be present during the interview. No 448
520+statement made by the arrested person in response to any question 449
521+during the interview related to the terms and conditions of release shall 450
522+be admissible as evidence against the arrested person in any proceeding 451
523+arising from the incident for which the conditions of release were set. 452
524+After such a waiver, refusal or interview, the police officer or probation 453
525+officer shall promptly order release of the arrested person upon the 454
526+execution of a written promise to appear or the posting of such bond as 455
527+may be set by the police officer or probation officer, except that no 456
528+condition of release set by the court or a judge thereof may be modified 457
529+by such officers and no person shall be released upon the execution of a 458
530+written promise to appear or the posting of a bond without surety if the 459
531+person is charged with the commission of a family violence crime, as 460
532+defined in section 46b-38a, and in the commission of such crime the 461
533+person used or threatened the use of a firearm. 462
534+(b) If the person is charged with the commission of a family violence 463
535+crime, as defined in section 46b-38a, and the police officer does not 464
536+intend to impose nonfinancial conditions of release pursuant to this 465
537+subsection, the police officer shall, pursuant to the procedure set forth 466
538+in subsection (a) of this section, promptly order the release of such 467
539+person upon the execution of a written promise to appear or the posting 468
540+of such bond as may be set by the police officer. If such person is not so 469
541+released, the police officer shall make reasonable efforts to immediately 470
542+contact a bail commissioner or an intake, assessment and referral 471
543+specialist employed by the Judicial Branch to set the conditions of such 472
544+person's release pursuant to section 54-63d. If, after making such 473
545+reasonable efforts, the police officer is unable to contact a bail 474 Substitute Bill No. 426
546+
547+
548+LCO 16 of 62
549+
550+commissioner or an intake, assessment and referral specialist or contacts 475
551+a bail commissioner or an intake, assessment and referral specialist but 476
552+such bail commissioner or intake, assessment and referral specialist is 477
553+unavailable to promptly perform such bail commissioner's or intake, 478
554+assessment and referral specialist's duties pursuant to section 54-63d, 479
555+the police officer shall, pursuant to the procedure set forth in subsection 480
556+(a) of this section, order the release of such person upon the execution 481
557+of a written promise to appear or the posting of such bond as may be set 482
558+by the police officer and may impose nonfinancial conditions of release 483
559+which may require that the arrested person do one or more of the 484
560+following: (1) Avoid all contact with the alleged victim of the crime, (2) 485
561+comply with specified restrictions on the person's travel, association or 486
562+place of abode that are directly related to the protection of the alleged 487
563+victim of the crime, or (3) not use or possess a dangerous weapon, 488
564+intoxicant or controlled substance. Any such nonfinancial conditions of 489
565+release shall be indicated on a form prescribed by the Judicial Branch 490
566+and sworn to by the police officer. Such form shall articulate (A) the 491
567+efforts that were made to contact a bail commissioner or an intake, 492
568+assessment and referral specialist, (B) the specific factual basis relied 493
569+upon by the police officer to impose the nonfinancial conditions of 494
570+release, and (C) if the arrested person was non-English-speaking, that 495
571+the services of a translation service or interpreter were used. A copy of 496
572+that portion of the form that indicates the nonfinancial conditions of 497
573+release shall immediately be provided to the arrested person. A copy of 498
574+the entire form shall be provided to counsel for the arrested person at 499
575+arraignment. Any nonfinancial conditions of release imposed pursuant 500
576+to this subsection shall remain in effect until the arrested person is 501
577+presented before the Superior Court pursuant to subsection (a) of 502
578+section 54-1g. On such date, the court shall conduct a hearing pursuant 503
579+to section 46b-38c at which the defendant is entitled to be heard with 504
580+respect to the issuance of a protective order. 505
581+(c) Notwithstanding the provisions of chapter 14 and this chapter, the 506
582+police officer shall provide to the bail commissioner or the intake 507
583+assessment and referral specialist identifying information about the 508 Substitute Bill No. 426
584+
585+
586+LCO 17 of 62
587+
588+victim of the crime or crimes with which the arrested person is charged, 509
589+including, but not limited to, the victim's name, address and phone 510
590+number, if available, for the purpose of carrying out such bail 511
591+commissioner's or intake assessment and referral specialist's duties. 512
592+[(c)] (d) When cash bail in excess of ten thousand dollars is received 513
593+for a detained person accused of a felony, where the underlying facts 514
594+and circumstances of the felony involve the use, attempted use or 515
595+threatened use of physical force against another person, the police 516
596+officer shall prepare a report that contains (1) the name, address and 517
597+taxpayer identification number of the accused person, (2) the name, 518
598+address and taxpayer identification number of each person offering the 519
599+cash bail, other than a person licensed as a professional bondsman 520
600+under chapter 533 or a surety bail bond agent under chapter 700f, (3) the 521
601+amount of cash received, and (4) the date the cash was received. Not 522
602+later than fifteen days after receipt of such cash bail, the police officer 523
603+shall file the report with the Department of Revenue Services and mail 524
604+a copy of the report to the state's attorney for the judicial district in 525
605+which the alleged offense was committed and to each person offering 526
606+the cash bail. 527
607+[(d)] (e) No police officer or probation officer serving a violation of 528
608+probation warrant shall set the terms and conditions of a person's 529
609+release, set a bond for a person or release a person from custody under 530
610+this section unless the police officer or probation officer has first checked 531
611+the National Crime Information Center [(NCIC)] computerized index of 532
612+criminal justice information to determine if such person is listed in such 533
613+index. 534
614+[(e)] (f) If the arrested person has not posted bail, the police officer or 535
615+probation officer serving a violation of probation warrant shall 536
616+immediately notify a bail commissioner or an intake, assessment and 537
617+referral specialist. 538
618+[(f)] (g) The chief, acting chief, superintendent of police, the 539
619+Commissioner of Emergency Services and Public Protection, any 540 Substitute Bill No. 426
620+
621+
622+LCO 18 of 62
623+
624+captain or lieutenant of any local police department or the Division of 541
625+State Police within the Department of Emergency Services and Public 542
626+Protection or any person lawfully exercising the powers of any such 543
627+officer may take a written promise to appear or a bond with or without 544
628+surety from an arrested person as provided in subsection (a) of this 545
629+section, or as fixed by the court or any judge thereof, may administer 546
630+such oaths as are necessary in the taking of promises or bonds and shall 547
631+file any report required under subsection [(c)] (d) of this section. 548
632+Sec. 21. Subsection (b) of section 54-91c of the general statutes is 549
633+repealed and the following is substituted in lieu thereof (Effective July 1, 550
634+2024): 551
635+(b) Prior to the imposition of sentence upon any defendant who has 552
636+been found guilty of any crime or has pleaded guilty or nolo contendere 553
637+to any crime, and prior to the acceptance by the court of a plea of guilty 554
638+or nolo contendere made pursuant to a plea agreement with the state, 555
639+[wherein the defendant pleads to a lesser offense than the offense with 556
640+which such defendant was originally charged,] the court shall permit 557
641+any victim of the crime to appear before the court for the purpose of 558
642+making a statement for the record, which statement may include the 559
643+victim's opinion of any plea agreement. In lieu of such appearance, the 560
644+victim may submit a written statement or, if the victim of the crime is 561
645+deceased, the legal representative or a member of the immediate family 562
646+of such deceased victim may submit a statement of such deceased victim 563
647+to the state's attorney, assistant state's attorney or deputy assistant 564
648+state's attorney in charge of the case. Such state's attorney, assistant 565
649+state's attorney or deputy assistant state's attorney shall file the 566
650+statement with the sentencing court and the statement shall be made a 567
651+part of the record at the sentencing hearing. Any such statement, 568
652+whether oral or written, shall relate to the facts of the case, the 569
653+appropriateness of any penalty and the extent of any injuries, financial 570
654+losses and loss of earnings directly resulting from the crime for which 571
655+the defendant is being sentenced. The court shall inquire on the record 572
656+whether any victim is present for the purpose of making an oral 573
657+statement or has submitted a written statement. If no victim is present 574 Substitute Bill No. 426
658+
659+
660+LCO 19 of 62
661+
662+and no such written statement has been submitted, the court shall 575
663+inquire on the record whether an attempt has been made to notify any 576
664+such victim as provided in subdivision (1) of subsection (c) of this 577
665+section or, if the defendant was originally charged with a violation of 578
666+section 53a-167c for assaulting a peace officer, whether the peace officer 579
667+has been personally notified as provided in subdivision (2) of subsection 580
668+(c) of this section. After consideration of any such statements, the court 581
669+may refuse to accept, where appropriate, a negotiated plea or sentence, 582
670+and the court shall give the defendant an opportunity to enter a new 583
671+plea and to elect trial by jury or by the court. 584
672+Sec. 22. Section 54-201 of the general statutes is repealed and the 585
673+following is substituted in lieu thereof (Effective July 1, 2024): 586
674+As used in sections 54-201 to 54-235, inclusive, as amended by this 587
675+act: 588
676+(1) "Victim" means a person who is injured or killed as provided in 589
677+section 54-209; 590
678+(2) "Personal injury" means (A) actual bodily harm or emotional harm 591
679+and includes pregnancy and any condition thereof, or (B) injury or death 592
680+to a service animal owned or kept by a person with a disability; 593
681+(3) "Dependent" means any relative of a deceased victim or a person 594
682+designated by a deceased victim in accordance with section 1-56r who 595
683+was wholly or partially dependent upon his income at the time of his 596
684+death or the child of a deceased victim and shall include the child of 597
685+such victim born after his death; 598
686+(4) "Relative" means a person's spouse, parent, grandparent, 599
687+stepparent, aunt, uncle, niece, nephew, child, including a natural born 600
688+child, stepchild and adopted child, grandchild, brother, sister, half 601
689+brother or half sister or a parent of a person's spouse; 602
690+(5) "Crime" means any act which is a felony, as defined in section 53a-603
691+25, or misdemeanor, as defined in section 53a-26, and includes any crime 604 Substitute Bill No. 426
692+
693+
694+LCO 20 of 62
695+
696+committed by a juvenile; and 605
697+(6) "Emotional harm" means a mental or emotional impairment that 606
698+[requires treatment through services and that] is directly attributable to 607
699+a threat of (A) physical injury, as defined in subdivision (3) of section 608
700+53a-3, or (B) death to the affected person. 609
701+Sec. 23. Section 54-203 of the general statutes is repealed and the 610
702+following is substituted in lieu thereof (Effective July 1, 2024): 611
703+(a) There is established an Office of Victim Services within the Judicial 612
704+Department. 613
705+(b) The Office of Victim Services shall have the following powers and 614
706+duties: 615
707+(1) To direct each hospital, whether public or private, each university 616
708+or college health services center, whether public or private, and each 617
709+community health center, as defined in section 19a-490a, to prominently 618
710+display posters in a conspicuous location giving notice of the availability 619
711+of compensation and assistance to victims of crime or their dependents 620
712+pursuant to sections 54-201 to 54-218, inclusive, as amended by this act, 621
713+and to direct every law enforcement agency of the state to inform 622
714+victims of crime or their dependents of their rights pursuant to sections 623
715+54-201 to 54-218, inclusive, as amended by this act; 624
716+(2) To obtain from the office of the state's attorney, state police, local 625
717+police departments or any law enforcement agency such investigation 626
718+and data as will enable the Office of Victim Services to determine if in 627
719+fact the applicant was a victim of a crime or attempted crime and the 628
720+extent, if any, to which the victim or claimant was responsible for his 629
721+own injury, including, but not limited to, a request for information form 630
722+promulgated by the Office of Victim Services; 631
723+(3) To request from the Department of Correction, other units of the 632
724+Judicial Department and the Board of Pardons and Paroles such 633
725+information as will enable the Office of Victim Services to determine if 634 Substitute Bill No. 426
726+
727+
728+LCO 21 of 62
729+
730+in fact a person who has requested notification pursuant to section 54-635
731+228 was a victim of a crime; 636
732+(4) To take or cause to be taken affidavits or depositions within or 637
733+without the state; 638
734+(5) To apply for, receive, allocate, disburse and account for grants of 639
735+funds made available by the United States, by the state, foundations, 640
736+corporations and other businesses, agencies or individuals to implement 641
737+a program for victim services which shall assist witnesses and victims 642
738+of crimes as the Office of Victim Services deems appropriate within the 643
739+resources available and to coordinate services to victims by state and 644
740+community-based agencies, with priority given to victims of violent 645
741+crimes, by (A) assigning such victim advocates as are necessary to 646
742+provide assistance; (B) administering victim service programs; and (C) 647
743+awarding grants or purchase of service contracts to private nonprofit 648
744+organizations or local units of government for the direct delivery of 649
745+services, except that the provision of training and technical assistance of 650
746+victim service providers and the development and implementation of 651
747+public education campaigns may be provided by private nonprofit or 652
748+for-profit organizations or local units of government. Such grants and 653
749+contracts shall be the predominant method by which the Office of 654
750+Victim Services shall develop, implement and operate direct service 655
751+programs and provide training and technical assistance to victim service 656
752+providers; 657
753+(6) To provide each person who applies for compensation pursuant 658
754+to section 54-204, within ten days of the date of receipt of such 659
755+application, with a written list of rights of victims of crime involving 660
756+personal injury and the programs available in this state to assist such 661
757+victims. The Office of Victim Services, the state or any agent, employee 662
758+or officer thereof shall not be liable for the failure to supply such list or 663
759+any alleged inadequacies of such list. Such list shall include, but not be 664
760+limited to: 665
761+(A) Subject to the provisions of sections 18-81e and 51-286e, the victim 666 Substitute Bill No. 426
762+
763+
764+LCO 22 of 62
765+
766+shall have the right to be informed concerning the status of his or her 667
767+case and to be informed of the release from custody of the defendant; 668
768+(B) Subject to the provisions of section 54-91c, as amended by this act, 669
769+the victim shall have the right to present a statement of his or her losses, 670
770+injuries and wishes to the prosecutor and the court prior to the 671
771+acceptance by the court of a plea of guilty or nolo contendere made 672
772+pursuant to a plea agreement with the state wherein the defendant 673
773+pleads to a lesser offense than the offense with which the defendant was 674
774+originally charged; 675
775+(C) Subject to the provisions of section 54-91c, as amended by this act, 676
776+prior to the imposition of sentence upon the defendant, the victim shall 677
777+have the right to submit a statement to the prosecutor as to the extent of 678
778+any injuries, financial losses and loss of earnings directly resulting from 679
779+the crime. Upon receipt of the statement, the prosecutor shall file the 680
780+statement with the sentencing court and the statement shall be made a 681
781+part of the record and considered by the court at the sentencing hearing; 682
782+(D) Subject to the provisions of section 54-126a, the victim shall have 683
783+the right to appear before a panel of the Board of Pardons and Paroles 684
784+and make a statement as to whether the defendant should be released 685
785+on parole and any terms or conditions to be imposed upon any such 686
786+release; 687
787+(E) Subject to the provisions of section 54-36a, the victim shall have 688
788+the right to have any property the victim owns which was seized by 689
789+police in connection with an arrest to be returned; 690
790+(F) Subject to the provisions of sections 54-56e and 54-142c, the victim 691
791+shall have the right to be notified of the application by the defendant for 692
792+the pretrial program for accelerated rehabilitation and to obtain from 693
793+the court information as to whether the criminal prosecution in the case 694
794+has been dismissed; 695
795+(G) Subject to the provisions of section 54-85b, the victim cannot be 696
796+fired, harassed or otherwise retaliated against by an employer for 697 Substitute Bill No. 426
797+
798+
799+LCO 23 of 62
800+
801+appearing under a subpoena as a witness in any criminal prosecution; 698
802+(H) Subject to the provisions of section 54-86g, the parent or legal 699
803+guardian of a child twelve years of age or younger who is a victim of 700
804+child abuse or sexual assault may request special procedural 701
805+considerations to be taken during the testimony of the child; 702
806+(I) Subject to the provisions of section 46b-15, the victim of assault by 703
807+a spouse or former spouse, family or household member has the right 704
808+to request the arrest of the offender, request a protective order and apply 705
809+for a restraining order; 706
810+(J) Subject to the provisions of sections 52-146k, 54-86e and 54-86f, the 707
811+victim of sexual assault or domestic violence can expect certain records 708
812+to remain confidential; and 709
813+(K) Subject to the provisions of section 53a-32, the victim and any 710
814+victim advocate assigned to assist the victim may receive notification 711
815+from a probation officer whenever the officer has notified a police officer 712
816+that the probation officer has probable cause to believe that the offender 713
817+has violated a condition of such offender's probation; 714
818+(7) Within available appropriations, to maintain a victim's assistance 715
819+center which shall (A) make available to victims information regarding 716
820+victim's rights and available services, (B) maintain a victims' notification 717
821+system pursuant to sections 54-227 to 54-230a, inclusive, and 54-235, and 718
822+(C) maintain a toll-free number for access to information regarding 719
823+victims' rights and available services; 720
824+(8) To provide a telephone helpline that shall provide information on 721
825+referrals for various services for victims of crime and their families; 722
826+(9) To provide staff services to a state advisory council. The council 723
827+shall consist of not more than [fifteen] twenty members to be appointed 724
828+by the Chief Justice and shall include the Chief Victim Compensation 725
829+Commissioner and members who represent victim populations, 726
830+including but not limited to, homicide survivors, family violence 727 Substitute Bill No. 426
831+
832+
833+LCO 24 of 62
834+
835+victims, sexual assault victims, victims of gun violence, victims of drunk 728
836+drivers, and assault and robbery victims, and members who represent 729
837+the judicial branch and executive branch agencies involved with victims 730
838+of crime. The members shall serve for terms of four years. Any vacancy 731
839+in the membership shall be filled by the appointing authority for the 732
840+balance of the unexpired term. The members shall receive no 733
841+compensation for their services. The council shall meet at least four 734
842+times a year. The council shall recommend to the Office of Victim 735
843+Services program, legislative or other matters which would improve 736
844+services to victims of crime and develop and coordinate needs 737
845+assessments for both court-based and community-based victim services. 738
846+The Chief Justice shall appoint two members to serve as cochairpersons. 739
847+Not later than December fifteenth of each year, the council shall report 740
848+the results of its findings and activities to the Chief Court Administrator; 741
849+(10) To utilize such voluntary and uncompensated services of private 742
850+individuals, agencies and organizations as may from time to time be 743
851+offered and needed; 744
852+(11) To recommend policies and make recommendations to agencies 745
853+and officers of the state and local subdivisions of government relative to 746
854+victims of crime; 747
855+(12) To provide support and assistance to state-wide victim services 748
856+coalitions and groups; 749
857+(13) To provide a training program for judges, prosecutors, police, 750
858+probation and parole personnel, bail commissioners, intake, assessment 751
859+and referral specialists, officers from the Department of Correction and 752
860+judicial marshals to inform them of victims' rights and available 753
861+services; 754
862+(14) To (A) maintain, within available appropriations, a sexual assault 755
863+forensic examiners program that will train and make available sexual 756
864+assault forensic examiners to adolescent and adult victims of sexual 757
865+assault who are patients at participating health care facilities. In order 758
866+to maintain such program, the Office of Victim Services may apply for, 759 Substitute Bill No. 426
867+
868+
869+LCO 25 of 62
870+
871+receive, allocate, disburse and account for grants of funds made 760
872+available by the United States, the state, foundations, corporations and 761
873+other businesses, agencies or individuals; or (B) establish, within 762
874+available appropriations, a training program for health care 763
875+professionals on the care of and collection of evidence from adolescent 764
876+and adult victims of sexual assault; 765
877+(15) To provide victims of crime and the general public with 766
878+information detailing the process by which a victim may register to 767
879+receive notices of hearings of the Board of Pardons and Paroles; and 768
880+(16) To submit to the joint standing committee of the General 769
881+Assembly having cognizance of matters relating to [victim services] the 770
882+judiciary, in accordance with the provisions of section 11-4a, on or 771
883+before January 15, 2000, and biennially thereafter a report of its activities 772
884+under sections 54-201 to 54-235, inclusive, as amended by this act. 773
885+Sec. 24. Subsection (a) of section 54-210 of the general statutes is 774
886+repealed and the following is substituted in lieu thereof (Effective July 1, 775
887+2024): 776
888+(a) The Office of Victim Services or a victim compensation 777
889+commissioner may order the payment of compensation under sections 778
890+54-201 to 54-218, inclusive, as amended by this act, for: (1) Expenses 779
891+actually and reasonably incurred as a result of the personal injury or 780
892+death of the victim, provided coverage for the cost of medical care and 781
893+treatment of a crime victim who does not have medical insurance or 782
894+who has exhausted coverage under applicable health insurance policies 783
895+or Medicaid shall be ordered; (2) loss of earning power as a result of total 784
896+or partial incapacity of such victim; (3) pecuniary loss to the spouse or 785
897+dependents of the deceased victim, provided the family qualifies for 786
898+compensation as a result of murder or manslaughter of the victim; (4) 787
899+pecuniary loss to an injured victim or the relatives or dependents of an 788
900+injured victim or a deceased victim for attendance at court proceedings, 789
901+juvenile proceedings, Psychiatric Security Review Board hearings and 790
902+Board of Pardons and Parole hearings with respect to the criminal case 791 Substitute Bill No. 426
903+
904+
905+LCO 26 of 62
906+
907+of the person or persons charged with committing the crime that 792
908+resulted in the injury or death of the victim; (5) loss of wages by any 793
909+parent or guardian of a deceased victim, provided the amount paid 794
910+under this subsection shall not exceed one week's net wage; and (6) any 795
911+other loss, except as set forth in section 54-211, as amended by this act, 796
912+resulting from the personal injury or death of the victim which the 797
913+Office of Victim Services or a victim compensation commissioner, as the 798
914+case may be, determines to be reasonable. 799
915+Sec. 25. Section 54-211 of the general statutes is repealed and the 800
916+following is substituted in lieu thereof (Effective July 1, 2024): 801
917+(a) (1) No order for the payment of compensation shall be made 802
918+under section 54-210, as amended by this act, unless (A) the application 803
919+has been made within [two] three years after the date of the personal 804
920+injury or death, (B) the personal injury or death was the result of an 805
921+incident or offense listed in section 54-209, and (C) such incident or 806
922+offense has been reported to the police, [within five days of its 807
923+occurrence or, if the incident or offense could not reasonably have been 808
924+reported within such period, within five days of the time when a report 809
925+could reasonably have been made,] except that a victim of a sexual 810
926+assault shall not be ineligible for the payment of compensation by 811
927+reason of failing to make a report pursuant to this subparagraph if such 812
928+victim presented himself or herself to a health care facility within one 813
929+hundred twenty hours of such sexual assault for examination and 814
930+collection of evidence of such sexual assault in accordance with the 815
931+provisions of section 19a-112a, or if such victim complied with 816
932+subsection (d) of section 54-209. (2) Notwithstanding the provisions of 817
933+subdivision (1) of this subsection, any person who, before, on or after 818
934+October 1, 2005, fails to make application for compensation within [two] 819
935+three years after the date of the personal injury or death as a result of 820
936+physical, emotional or psychological injuries caused by such personal 821
937+injury or death may apply for a waiver of such time limitation. The 822
938+Office of Victim Services, upon a finding of such physical, emotional or 823
939+psychological injury, may grant such waiver. (3) Notwithstanding the 824
940+provisions of subdivision (1) of this subsection, any minor, including, 825 Substitute Bill No. 426
941+
942+
943+LCO 27 of 62
944+
945+but not limited to, a minor who is a victim of conduct by another person 826
946+that constitutes a violation of section 53a-192a or a criminal violation of 827
947+18 USC Chapter 77, who, before, on or after October 1, 2005, fails to make 828
948+application for compensation within [two] three years after the date of 829
949+the personal injury or death through no fault of the minor, may apply 830
950+for a waiver of such time limitation. The Office of Victim Services, upon 831
951+a finding that such minor is not at fault, may grant such waiver. (4) 832
952+Notwithstanding the provisions of subdivision (1) of this subsection, a 833
953+person who is a dependent of a victim may make application for 834
954+payment of compensation not later than [two] three years from the date 835
955+that such person discovers or in the exercise of reasonable care should 836
956+have discovered that the person upon whom the applicant was 837
957+dependent was a victim. Such person shall file with such application a 838
958+statement signed under penalty of false statement setting forth the date 839
959+when such person discovered that the person upon whom the applicant 840
960+was dependent was a victim and the circumstances that prevented such 841
961+person discovering that the person upon whom the applicant was 842
962+dependent was a victim until more than [two] three years after the date 843
963+of the incident or offense. There shall be a rebuttable presumption that 844
964+a person who files such a statement and is otherwise eligible for 845
965+compensation pursuant to sections 54-201 to 54-218, inclusive, as 846
966+amended by this act, is entitled to compensation. (5) Any waiver denied 847
967+by the Office of Victim Services under this subsection may be reviewed 848
968+by a victim compensation commissioner, provided such request for 849
969+review is made by the applicant within thirty days from the mailing of 850
970+the notice of denial by the Office of Victim Services. If a victim 851
971+compensation commissioner grants such waiver, the commissioner 852
972+shall refer the application for compensation to the Office of Victim 853
973+Services for a determination pursuant to section 54-205. (6) 854
974+Notwithstanding the provisions of subdivision (1), (2) or (3) of this 855
975+subsection, the Office of Victim Services may, for good cause shown and 856
976+upon a finding of compelling equitable circumstances, waive the time 857
977+limitations of subdivision (1) of this subsection. 858
978+(b) No compensation shall be awarded if: (1) The offender is unjustly 859 Substitute Bill No. 426
979+
980+
981+LCO 28 of 62
982+
983+enriched by the award, provided compensation awarded to a victim 860
984+which would benefit the offender in a minimal or inconsequential 861
985+manner shall not be considered unjust enrichment; (2) the victim 862
986+violated a penal law of this state, which violation caused or contributed 863
987+to [his] such victim's injuries or death. 864
988+(c) Except as provided in subsection (d) of this section, no 865
989+compensation shall be awarded for losses sustained for crimes against 866
990+property or for noneconomic detriment such as pain and suffering. 867
991+(d) (1) [No compensation shall be in an amount in excess of fifteen 868
992+thousand dollars for personal injury except that:] (A) Compensation for 869
993+personal injury shall be in an amount not to exceed fifteen thousand 870
994+dollars; (B) compensation to or for the benefit of the dependents of a 871
995+homicide victim shall be in an amount not to exceed twenty-five 872
996+thousand dollars; [(B)] (C) the claims of the dependents of a deceased 873
997+victim, as provided in section 54-208, shall be considered derivative of 874
998+the claim of such victim and the total compensation paid for all claims 875
999+arising from the death of such victim shall not exceed a maximum of 876
1000+twenty-five thousand dollars; and [(C)] (D) in cases of emotional harm 877
1001+only, compensation for medical and mental health care and security 878
1002+measures shall be in an amount not to exceed five thousand dollars. 879
1003+(2) Notwithstanding the provisions of subdivision (1) of this 880
1004+subsection, the Office of Victim Services or a victim compensation 881
1005+commissioner may award additional compensation in an amount not to 882
1006+exceed five thousand dollars above the maximum amounts set forth in 883
1007+said subdivision to a personal injury victim, who is a minor at the time 884
1008+the application for compensation or restitution services is filed, when 885
1009+such victim has additional medical needs or mental health counseling 886
1010+needs. 887
1011+(3) Notwithstanding the provisions of subdivision (1) of this 888
1012+subsection, the Office of Victim Services or a victim compensation 889
1013+commissioner may, for good cause shown and upon a finding of 890
1014+compelling equitable circumstances, award compensation in an amount 891 Substitute Bill No. 426
1015+
1016+
1017+LCO 29 of 62
1018+
1019+in excess of the maximum amounts set forth in said subdivision. 892
1020+(e) Orders for payment of compensation pursuant to sections 54-201 893
1021+to 54-218, inclusive, as amended by this act, may be made only as to 894
1022+injuries or death resulting from incidents or offenses arising on and after 895
1023+January 1, 1979, except that orders for payment of compensation 896
1024+pursuant to subsection (b) of section 54-209 may be made only as to 897
1025+injuries or death resulting from incidents or offenses arising on and after 898
1026+July 1, 1985. 899
1027+(f) Compensation shall be awarded pursuant to sections 54-201 to 54-900
1028+218, inclusive, as amended by this act, for personal injury or death 901
1029+resulting from a crime which occurs (1) within this state, regardless of 902
1030+the residency of the applicant; (2) outside this state but within the 903
1031+territorial boundaries of the United States, provided the victim, at the 904
1032+time of injury or death, was a resident of this state and the state in which 905
1033+such crime occurred does not have a program for compensation of 906
1034+victims for which such victim is eligible; (3) outside the territorial 907
1035+boundaries of the United States, provided the victim was a resident of 908
1036+this state at the time of injury or death, the crime would be considered a 909
1037+crime within the State of Connecticut, and the country in which such 910
1038+crime occurred does not have a program for compensation of victims for 911
1039+which such victim is eligible; and (4) outside the territorial boundaries 912
1040+of the United States, provided the applicant is a victim of international 913
1041+terrorism, as defined in 18 USC 2331, as amended from time to time, and 914
1042+was a resident of this state at the time of injury or death. 915
1043+Sec. 26. Subsection (d) of section 1-84 of the 2024 supplement to the 916
1044+general statutes is repealed and the following is substituted in lieu 917
1045+thereof (Effective from passage): 918
1046+(d) No public official or state employee or employee of such public 919
1047+official or state employee shall agree to accept, or be a member or 920
1048+employee of a partnership, association, professional corporation or sole 921
1049+proprietorship which partnership, association, professional corporation 922
1050+or sole proprietorship agrees to accept any employment, fee or other 923 Substitute Bill No. 426
1051+
1052+
1053+LCO 30 of 62
1054+
1055+thing of value, or portion thereof, for appearing, agreeing to appear, or 924
1056+taking any other action on behalf of another person before the 925
1057+Department of Banking, the Office of the Claims Commissioner, the 926
1058+Health Systems Planning Unit of the Office of Health Strategy, the 927
1059+Insurance Department, the Department of Consumer Protection, the 928
1060+Department of Motor Vehicles, the State Insurance and Risk 929
1061+Management Board, the Department of Energy and Environmental 930
1062+Protection [, the Public Utilities Regulatory Authority, the Connecticut 931
1063+Siting Council] or the Connecticut Real Estate Commission; provided 932
1064+this shall not prohibit any such person from making inquiry for 933
1065+information on behalf of another before any of said commissions or 934
1066+commissioners if no fee or reward is given or promised in consequence 935
1067+thereof. For the purpose of this subsection, partnerships, associations, 936
1068+professional corporations or sole proprietorships refer only to such 937
1069+partnerships, associations, professional corporations or sole 938
1070+proprietorships which have been formed to carry on the business or 939
1071+profession directly relating to the employment, appearing, agreeing to 940
1072+appear or taking of action provided for in this subsection. Nothing in 941
1073+this subsection shall prohibit any employment, appearing, agreeing to 942
1074+appear or taking action before any municipal board, commission or 943
1075+council. Nothing in this subsection shall be construed as applying (1) to 944
1076+the actions of any teaching or research professional employee of a public 945
1077+institution of higher education if such actions are not in violation of any 946
1078+other provision of this chapter, (2) to the actions of any other 947
1079+professional employee of a public institution of higher education if such 948
1080+actions are not compensated and are not in violation of any other 949
1081+provision of this chapter, (3) to any member of a board or commission 950
1082+who receives no compensation other than per diem payments or 951
1083+reimbursement for actual or necessary expenses, or both, incurred in the 952
1084+performance of the member's duties, or (4) to any member or director of 953
1085+a quasi-public agency. Notwithstanding the provisions of this 954
1086+subsection to the contrary, a legislator, an officer of the General 955
1087+Assembly or part-time legislative employee may be or become a 956
1088+member or employee of a firm, partnership, association or professional 957
1089+corporation which represents clients for compensation before agencies 958 Substitute Bill No. 426
1090+
1091+
1092+LCO 31 of 62
1093+
1094+listed in this subsection, provided the legislator, officer of the General 959
1095+Assembly or part-time legislative employee shall take no part in any 960
1096+matter involving the agency listed in this subsection and shall not 961
1097+receive compensation from any such matter. Receipt of a previously 962
1098+established salary, not based on the current or anticipated business of 963
1099+the firm, partnership, association or professional corporation involving 964
1100+the agencies listed in this subsection, shall be permitted. 965
1101+Sec. 27. (NEW) (Effective October 1, 2024) (a) As used in this section: 966
1102+(1) "Communication technology" means an electronic device or 967
1103+process that: 968
1104+(A) Allows a commissioner of the Superior Court and a remotely 969
1105+located individual to communicate with each other simultaneously by 970
1106+sight and sound; and 971
1107+(B) When necessary and consistent with other applicable law, 972
1108+facilitates communication between a commissioner of the Superior 973
1109+Court and a remotely located individual who has a vision, hearing or 974
1110+speech impairment. 975
1111+(2) "Identity proofing" means a process or service by which a third 976
1112+person provides a commissioner of the Superior Court with a means to 977
1113+verify the identity of a remotely located individual by a review of 978
1114+personal information from public or private data sources. 979
1115+(3) "Outside the United States" means a location outside the 980
1116+geographic boundaries of the United States, Puerto Rico, the United 981
1117+States Virgin Islands and any territory, insular possession or other 982
1118+location subject to the jurisdiction of the United States. 983
1119+(4) "Remotely located individual" means an individual who is not in 984
1120+the physical presence of the commissioner of the Superior Court who 985
1121+takes an acknowledgment under subsection (b) of this section. 986
1122+(b) Except as provided in subsection (g) of this section, a document 987
1123+may be acknowledged by an individual who is not in the physical 988 Substitute Bill No. 426
1124+
1125+
1126+LCO 32 of 62
1127+
1128+presence of a commissioner of the Superior Court at the time of the 989
1129+acknowledgment if the following requirements are met: 990
1130+(1) The individual and the commissioner of the Superior Court can 991
1131+communicate simultaneously, in real time, by sight and sound using 992
1132+communication technology; and 993
1133+(2) When performing a remote acknowledgment pursuant to the 994
1134+provisions of this section, the commissioner of the Superior Court 995
1135+reasonably identifies the individual at the time of the acknowledgment 996
1136+by one or more of the following methods: 997
1137+(A) Personal knowledge of the identity of the individual; 998
1138+(B) The individual presents a government-issued identification 999
1139+document or record that has not expired and includes the individual's 1000
1140+photograph, name and signature. An acceptable form of government-1001
1141+issued identification document or record includes, but is not limited to, 1002
1142+a driver's license, government-issued identification card or passport; 1003
1143+(C) Not less than two different types of identity proofing processes or 1004
1144+services by which a third person provides a means to verify the identity 1005
1145+of the individual through a review of public or private data sources; or 1006
1146+(D) Oath or affirmation by a credible witness who: 1007
1147+(i) Is in the physical presence of either the commissioner of the 1008
1148+Superior Court or the individual; or 1009
1149+(ii) Is able to communicate in real time with the commissioner of the 1010
1150+Superior Court and the individual by sight and sound through an 1011
1151+electronic device or process at the time of the acknowledgment, if the 1012
1152+credible witness has personal knowledge of the identity of the 1013
1153+individual and has been reasonably identified by the commissioner of 1014
1154+the Superior Court by a method provided in this section. 1015
1155+(c) When an individual who is physically located outside of the state 1016
1156+of Connecticut or outside the United States seeks a remote 1017 Substitute Bill No. 426
1157+
1158+
1159+LCO 33 of 62
1160+
1161+acknowledgment pursuant to subsection (b) of this section, the record 1018
1162+being acknowledged shall: 1019
1163+(1) Be intended for filing or presentation in a matter before a court, 1020
1164+governmental entity, public official or other entity subject to the 1021
1165+jurisdiction of the state of Connecticut; or 1022
1166+(2) Otherwise not be prohibited by law of the state of Connecticut to 1023
1167+be acknowledged outside the state. 1024
1168+(d) Once the record acknowledged pursuant to subsection (b) of this 1025
1169+section is signed by the individual in accordance with the procedures 1026
1170+set forth in this section, the individual shall mail or otherwise cause to 1027
1171+be delivered the signed original copy of the record to the commissioner 1028
1172+of the Superior Court. 1029
1173+(e) The date and time of an acknowledgment conducted pursuant to 1030
1174+subsection (b) of this section shall be the date and time when the 1031
1175+commissioner of the Superior Court witnessed the signature being 1032
1176+performed by means of communication technology. 1033
1177+(f) Nothing in this section shall affect the authority of a commissioner 1034
1178+of the Superior Court to refuse to take an acknowledgment or require a 1035
1179+commissioner of the Superior Court to take an acknowledgment: 1036
1180+(1) With respect to an electronic record; 1037
1181+(2) For an individual not in the physical presence of the commissioner 1038
1182+of the Superior Court; or 1039
1183+(3) Using a technology that the commissioner of the Superior Court 1040
1184+has not selected. 1041
1185+(g) No record shall be acknowledged remotely pursuant to subsection 1042
1186+(b) of this section in (1) the making and execution of a will, codicil, trust 1043
1187+or trust instrument, (2) the execution of health care instructions 1044
1188+pursuant to section 19a-575a of the general statutes, (3) the execution of 1045
1189+a designation of a standby guardian pursuant to section 45a-624 of the 1046 Substitute Bill No. 426
1190+
1191+
1192+LCO 34 of 62
1193+
1194+general statutes, (4) the execution of a designation of a person for 1047
1195+decision-making and certain rights and obligations pursuant to section 1048
1196+1-56r of the general statutes, (5) the execution of a living will, as defined 1049
1197+in section 19a-570 of the general statutes, (6) the execution of a power of 1050
1198+attorney, as defined in section 1-350a of the general statutes, (7) the 1051
1199+execution of a self-proving affidavit for an appointment of a health care 1052
1200+representative or for a living will under sections 1-56r and 19a-578 of the 1053
1201+general statutes, (8) the execution of a mutual distribution agreement 1054
1202+under section 45a-433 of the general statutes, (9) the execution of a 1055
1203+disclaimer under section 45a-579 or 45a-583 of the general statutes, or 1056
1204+(10) a real estate closing, as defined in section 51-88a of the general 1057
1205+statutes. The performance of any such acknowledgment in connection 1058
1206+with any of the acts described in this subsection shall be ineffective for 1059
1207+any purpose and shall constitute a violation of section 51-88 of the 1060
1208+general statutes. 1061
1209+Sec. 28. Section 22-329a of the 2024 supplement to the general statutes 1062
1210+is repealed and the following is substituted in lieu thereof (Effective 1063
1211+October 1, 2024): 1064
1212+(a) Any animal control officer or regional animal control officer 1065
1213+appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable, 1066
1214+may take physical custody of any animal when such animal control 1067
1215+officer has reasonable cause to believe that such animal is in imminent 1068
1216+harm and is neglected or is cruelly treated in violation of section 22-366, 1069
1217+22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251, 53-252 or 53a-73b, 1070
1218+and, not later than ninety-six hours after taking physical custody, shall 1071
1219+proceed as provided in subsection (c) of this section, except that if, in the 1072
1220+opinion of a licensed veterinarian or the State Veterinarian, at any time 1073
1221+after physical custody of such animal is taken, such animal is so injured 1074
1222+or diseased that it should be euthanized immediately, such officer may 1075
1223+have such animal humanely euthanized by a licensed veterinarian. 1076
1224+(b) Any animal control officer or regional animal control officer 1077
1225+appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable, 1078
1226+may take physical custody of any animal upon issuance of a warrant 1079 Substitute Bill No. 426
1227+
1228+
1229+LCO 35 of 62
1230+
1231+finding probable cause that such animal is neglected or is cruelly treated 1080
1232+in violation of section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-1081
1233+250, 53-251, 53-252 or 53a-73b, and shall thereupon proceed as provided 1082
1234+in subsection (c) of this section except that if, in the opinion of a licensed 1083
1235+veterinarian or the State Veterinarian, at any time after physical custody 1084
1236+of such animal is taken, such animal is so injured or diseased that it 1085
1237+should be euthanized immediately, such officer may have such animal 1086
1238+humanely euthanized by a licensed veterinarian. 1087
1239+(c) Such officer shall file with the superior court which has venue over 1088
1240+such matter or with the superior court for the judicial district of Hartford 1089
1241+at Hartford a verified petition plainly stating such facts of neglect or 1090
1242+cruel treatment as to bring such animal within the jurisdiction of the 1091
1243+court and praying for appropriate action by the court in accordance with 1092
1244+the provisions of this section. Upon the filing of such petition, the court 1093
1245+shall cause a summons to be issued requiring the owner or owners or 1094
1246+person having responsibility for the care of the animal, if known, to 1095
1247+appear in court at the time and place named. 1096
1248+(d) If physical custody of an animal has been taken pursuant to 1097
1249+subsection (a) or (b) of this section and it appears from the allegations of 1098
1250+the petition filed pursuant to subsection (c) of this section and other 1099
1251+affirmations of fact accompanying the petition, or provided subsequent 1100
1252+thereto, that there is reasonable cause to find that the animal's condition 1101
1253+or the circumstances surrounding its care require that temporary care 1102
1254+and custody be immediately assumed to safeguard its welfare, the court 1103
1255+shall either (1) issue an order to show cause why the court should not 1104
1256+vest in some suitable state, municipal or other public or private agency 1105
1257+or person the animal's temporary care and custody pending a hearing 1106
1258+on the petition, or (2) issue an order vesting in some suitable state, 1107
1259+municipal or other public or private agency or person the animal's 1108
1260+temporary care and custody pending a hearing on the petition. A 1109
1261+hearing on the order issued by the court pursuant to subdivision (1) or 1110
1262+(2) of this subsection shall be held not later than fourteen days after the 1111
1263+issuance of such order. The service of such order may be made by any 1112
1264+officer authorized by law to serve process, state police officer or 1113 Substitute Bill No. 426
1265+
1266+
1267+LCO 36 of 62
1268+
1269+indifferent person and shall be served not less than forty-eight hours 1114
1270+prior to the date and time of such hearing. If the owner or owners or 1115
1271+person having responsibility for the care of the animal is not known, 1116
1272+notice of the time and place of the hearing shall be given by publication 1117
1273+in a newspaper having a circulation in the town in which such officer 1118
1274+took physical custody of such animal not less than forty-eight hours 1119
1275+prior to the date and time of such hearing. 1120
1276+(e) If physical custody of an animal has not been taken pursuant to 1121
1277+subsection (a) or (b) of this section, and such officer has reasonable cause 1122
1278+to believe that an animal is neglected or is cruelly treated in violation of 1123
1279+section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 1124
1280+53-252, such officer may file a petition with the superior court which has 1125
1281+venue over such matter or with the superior court for the judicial district 1126
1282+of Hartford at Hartford, plainly stating such facts of neglect or cruel 1127
1283+treatment as to bring the animal within the jurisdiction of the court and 1128
1284+praying for appropriate action by the court to ensure the welfare of the 1129
1285+animal, including, but not limited to, physical removal and temporary 1130
1286+care and custody of the animal, an order to compel the owner of any 1131
1287+such animal to provide care in a manner that the court determines is 1132
1288+necessary, authorization of an animal control officer or regional animal 1133
1289+control officer appointed pursuant to section 22-328, 22-331 or 22-331a, 1134
1290+as applicable, or a licensed veterinarian to provide care for the animal 1135
1291+on site, vesting of ownership of the animal, the posting of a bond in 1136
1292+accordance with subsection (f) of this section and the assessment of costs 1137
1293+in accordance with subsection (h) of this section. Upon the filing of such 1138
1294+petition, the court shall cause a summons for an order to show cause to 1139
1295+be issued requiring the owner or owners or person having responsibility 1140
1296+for the care of the animal, if known, to appear in court at the time and 1141
1297+place named. If the owner or owners or person having responsibility for 1142
1298+the care of the animal is not known, notice of the time and place of the 1143
1299+hearing shall be given by publication in a newspaper having a 1144
1300+circulation in the town where the animal is located not less than forty-1145
1301+eight hours prior to the date and time of the hearing. If it appears from 1146
1302+the allegations of the petition filed pursuant to this subsection and other 1147 Substitute Bill No. 426
1303+
1304+
1305+LCO 37 of 62
1306+
1307+affirmations of fact accompanying the petition, or provided subsequent 1148
1308+thereto, that there is reasonable cause to find that the animal's condition 1149
1309+or the circumstances surrounding its care require the immediate 1150
1310+removal of the animal from the owner or owners or person having 1151
1311+responsibility for the care of the animal to safeguard its welfare, the 1152
1312+court shall issue an order vesting in some suitable state, municipal or 1153
1313+other public or private agency or person the animal's temporary care 1154
1314+and custody pending a hearing on the petition which hearing shall be 1155
1315+held not later than ten days after the issuance of such order for such 1156
1316+temporary care and custody. The service of such order may be made by 1157
1317+any officer authorized by law to serve process, state police officer or 1158
1318+indifferent person and shall be served not less than forty-eight hours 1159
1319+prior to the date and time of such hearing. 1160
1320+(f) If the court issues an order vesting the animal's temporary care 1161
1321+and custody in some suitable state, municipal or other public or private 1162
1322+agency or person, the owner or owners shall either relinquish 1163
1323+ownership of the animal or post a cash bond with the agency or person 1164
1324+in whom the animal's temporary care and custody was vested or with 1165
1325+such agency's counsel of record in the case. The cash bond shall be in the 1166
1326+amount of one thousand dollars for each animal placed in the temporary 1167
1327+care or custody of such agency or person and shall secure payment for 1168
1328+the reasonable expenses of the agency or person having temporary care 1169
1329+and custody of the animal in caring and providing for such animal until 1170
1330+the court makes a finding as to the animal's disposition under subsection 1171
1331+(g) of this section. The requirement that a bond be posted may be waived 1172
1332+if such owner provides satisfactory evidence that such owner is indigent 1173
1333+and unable to pay for such bond. 1174
1334+(g) (1) If, after hearing, the court finds that the animal is neglected or 1175
1335+cruelly treated, it shall vest ownership of the animal in any state, 1176
1336+municipal or other public or private agency which is permitted by law 1177
1337+to care for neglected or cruelly treated animals or with any person found 1178
1338+to be suitable or worthy of such responsibility by the court. 1179
1339+(2) If, after hearing, the court finds that the animal is so injured or 1180 Substitute Bill No. 426
1340+
1341+
1342+LCO 38 of 62
1343+
1344+diseased that it should be humanely euthanized, the court may order 1181
1345+that such animal be humanely euthanized by a licensed veterinarian. 1182
1346+(3) If, after hearing, the court finds that the animal is not neglected or 1183
1347+cruelly treated, it may cause the animal to be returned to its owner or 1184
1348+owners or person having responsibility for its care or, if such owner or 1185
1349+owners or person is unknown or unwilling to resume caring for such 1186
1350+animal, it may vest ownership of the animal in any state, municipal or 1187
1351+other public or private agency or person found to be suitable or worthy 1188
1352+of such responsibility. 1189
1353+(4) If the court makes a finding under subdivision (1) or (2) of this 1190
1354+subsection less than thirty days after the issuance of an order of 1191
1355+temporary care and custody and the owner of the animal has posted a 1192
1356+bond, the agency or person with whom the bond was posted shall return 1193
1357+the balance of such bond, if any, to the owner. The amount of the bond 1194
1358+to be returned to the owner shall be calculated at the rate of [fifteen] 1195
1359+twenty dollars per day per animal or [twenty-five] thirty dollars per day 1196
1360+per animal if the animal is a horse or other large livestock for the number 1197
1361+of days less than thirty that such agency or person has not had 1198
1362+temporary care and custody of the animal less any veterinary costs and 1199
1363+expenses incurred for the welfare of the animal. 1200
1364+(5) If the court makes a finding under subdivision (3) of this 1201
1365+subsection after the issuance of an order of temporary care and custody 1202
1366+and the owner of the animal has posted a bond, the agency or person 1203
1367+with whom the bond was posted shall return such bond to such owner. 1204
1368+(h) If the court finds that the animal is neglected or cruelly treated, 1205
1369+the expenses incurred by the state or a municipality in providing proper 1206
1370+food, shelter and care to an animal it has taken custody of under 1207
1371+subsection (a) or (b) of this section and the expenses incurred by any 1208
1372+state, municipal or other public or private agency or person in providing 1209
1373+temporary care and custody pursuant to an order vesting temporary 1210
1374+care and custody, calculated at the rate of twenty dollars per day per 1211
1375+animal or thirty dollars per day per animal if the animal is a horse or 1212 Substitute Bill No. 426
1376+
1377+
1378+LCO 39 of 62
1379+
1380+other large livestock until the date ownership is vested pursuant to 1213
1381+subdivision (1) of subsection (g) of this section shall be paid by the 1214
1382+owner or owners or person having responsibility for the care of the 1215
1383+animal. In addition, all veterinary costs and expenses incurred for the 1216
1384+welfare of the animal shall be paid by the owner or owners or person 1217
1385+having responsibility for the animal. 1218
1386+(i) If the court vests ownership of the animal in the Commissioner of 1219
1387+Agriculture or a municipality, the commissioner or the municipality 1220
1388+may conduct or participate in a public auction of the animal under such 1221
1389+conditions the commissioner or the municipality deems necessary or the 1222
1390+commissioner or the municipality may consign the animal to an auction 1223
1391+or sell the animal through an open advertised bid process whereby bid 1224
1392+price and demonstration of sufficient knowledge and ability to care for 1225
1393+such animal are factors for the commissioner's or municipality's 1226
1394+consideration. All moneys collected from the sale of animals sold by the 1227
1395+Commissioner of Agriculture through such open advertised bid process 1228
1396+shall be deposited in the animal abuse cost recovery account established 1229
1397+in subsection (j) of this section. All moneys collected from the sale of 1230
1398+animals sold by a municipality through such open advertised bid 1231
1399+process shall be deposited by the town treasurer or other fiscal officer in 1232
1400+the town's general fund. The commissioner or the municipality may also 1233
1401+vest ownership of any such animal in an individual or a public or private 1234
1402+nonprofit animal rescue or adoption organization. Any record 1235
1403+containing the name, address or other personally identifying 1236
1404+information of the new owner of such animal shall be exempt from 1237
1405+disclosure under state law, provided such information may be disclosed 1238
1406+pursuant to the issuance of a lawful subpoena. 1239
1407+(j) There is established a separate, nonlapsing account within the 1240
1408+General Fund, to be known as the "animal abuse cost recovery account". 1241
1409+All moneys collected from sales at public auction of animals seized by 1242
1410+the Department of Agriculture pursuant to this section shall be 1243
1411+deposited into the account. Deposits of moneys may be made into the 1244
1412+account from public or private sources, including, but not limited to, the 1245
1413+federal government or municipal governments. 1246 Substitute Bill No. 426
1414+
1415+
1416+LCO 40 of 62
1417+
1418+(k) Notwithstanding any provision of the general statutes, any 1247
1419+moneys received by the Department of Agriculture pursuant to 1248
1420+subsection (j) of this section shall be deposited in the General Fund and 1249
1421+credited to the animal abuse cost recovery account. The account shall be 1250
1422+available to the Commissioner of Agriculture for the purpose of the 1251
1423+housing, care and welfare of any animal seized by the department, until 1252
1424+final disposition of such animal. Additionally, the account may be used 1253
1425+for the purpose of providing reimbursement to any municipality for the 1254
1426+costs of providing temporary care to such animal if such temporary care 1255
1427+exceeded thirty days in duration and such costs exceeded the amount of 1256
1428+any surety bond or cash bond posted pursuant to subsection (f) of this 1257
1429+section provided the total annual reimbursement to municipalities from 1258
1430+said account for such purpose shall not exceed twenty-five thousand 1259
1431+dollars. Nothing in this section shall prevent the commissioner from 1260
1432+obtaining or using funds from sources other than the account for the 1261
1433+housing, care and welfare of any animal seized by the department 1262
1434+pursuant to this section. 1263
1435+Sec. 29. Section 22-358 of the general statutes is repealed and the 1264
1436+following is substituted in lieu thereof (Effective October 1, 2024): 1265
1437+(a) Any owner or [the agent of any owner of any domestic animal or 1266
1438+poultry, or the Chief Animal Control Officer, any animal control officer, 1267
1439+any municipal animal control officer, any regional animal control officer 1268
1440+or any police officer or state policeman, may kill any dog which he 1269
1441+observes pursuing or worrying any such domestic animal or poultry] 1270
1442+keeper of any animal or poultry, or an agent of such owner or keeper, 1271
1443+or any animal control officer appointed pursuant to section 22-328, 22-1272
1444+331 or 22-331a, or any police officer, including a state police officer, may 1273
1445+kill any dog while the dog is in the act of biting, attacking or pursuing 1274
1446+any such animal or poultry of the owner or keeper. Any owner, keeper, 1275
1447+animal control officer or police officer who kills such dog shall make 1276
1448+complaint concerning the circumstances of the attack to any animal 1277
1449+control officer appointed pursuant to section 22-328, 22-331 or 22-331a 1278
1450+of the town where such attack occurred. The animal control officer to 1279
1451+whom such complaint is made shall investigate the circumstances of the 1280 Substitute Bill No. 426
1452+
1453+
1454+LCO 41 of 62
1455+
1456+attack set forth in the complaint. 1281
1457+(b) Any person who is [bitten, or who shows visible evidence of 1282
1458+attack] protecting himself or herself or another person or animal from 1283
1459+physical harm while being bitten or attacked by a dog, cat or other 1284
1460+animal when such person is not upon the premises of the owner or 1285
1461+keeper of such dog, cat or other animal may kill such dog, cat or other 1286
1462+animal during such attack. [Such person shall make complaint 1287
1463+concerning the circumstances of the attack to the Chief Animal Control 1288
1464+Officer, any animal control officer or the municipal animal control 1289
1465+officer or regional animal control officer of the town wherein such dog, 1290
1466+cat or other animal is owned or kept. Any such officer to whom such 1291
1467+complaint is made shall immediately make an investigation of such 1292
1468+complaint.] Any person who kills such animal shall make complaint 1293
1469+concerning the circumstances of the attack to any animal control officer 1294
1470+appointed pursuant to section 22-328, 22-331 or 22-331a of the town 1295
1471+where such attack occurred. The animal control officer to whom such 1296
1472+complaint is made shall investigate the circumstances of the attack set 1297
1473+forth in the complaint. 1298
1474+[(c) The commissioner, the Chief Animal Control Officer, any animal 1299
1475+control officer, any municipal animal control officer or any regional 1300
1476+animal control officer may make any order concerning the restraint or 1301
1477+disposal of any biting dog, cat or other animal as the commissioner or 1302
1478+such officer deems necessary. Notice of any such order shall be given to 1303
1479+the person bitten by such dog, cat or other animal within twenty-four 1304
1480+hours. The owner of such animal shall pay all fees as set forth in section 1305
1481+22-333. Any owner or keeper of such dog, cat or other animal who fails 1306
1482+to comply with such order shall be guilty of a class D misdemeanor. If 1307
1483+an owner or keeper fails to comply with a restraining order made 1308
1484+pursuant to this subsection, the Chief Animal Control Officer, any 1309
1485+animal control officer, any municipal animal control officer or any 1310
1486+regional animal control officer may seize the dog, cat or other animal to 1311
1487+ensure such compliance and the owner or keeper shall be responsible 1312
1488+for any expenses resulting from such seizure. Any person aggrieved by 1313
1489+an order of any municipal animal control officer, the Chief Animal 1314 Substitute Bill No. 426
1490+
1491+
1492+LCO 42 of 62
1493+
1494+Control Officer, any animal control officer or any regional animal 1315
1495+control officer may request a hearing before the commissioner within 1316
1496+fourteen days of the issuance of such order. Any order issued pursuant 1317
1497+to this section that requires the restraint of an animal shall be effective 1318
1498+upon its issuance and shall remain in effect during any appeal of such 1319
1499+order to the commissioner. After such hearing, the commissioner may 1320
1500+affirm, modify or revoke such order as the commissioner deems proper. 1321
1501+Any dog owned by a police agency of the state or any of its political 1322
1502+subdivisions is exempt from the provisions of this subsection when such 1323
1503+dog is under the direct supervision, care and control of an assigned 1324
1504+police officer, is currently vaccinated and is subject to routine veterinary 1325
1505+care. Any guide dog owned or in the custody and control of a blind 1326
1506+person or a person with a mobility impairment is exempt from the 1327
1507+provisions of this subsection when such guide dog is under the direct 1328
1508+supervision, care and control of such person, is currently vaccinated and 1329
1509+is subject to routine veterinary care.] 1330
1510+(c) In the interest of public health and safety, if after investigation, 1331
1511+any animal control officer appointed pursuant to section 22-328, 22-331 1332
1512+or 22-331a in the municipality or region in which an alleged dog bite or 1333
1513+attack occurs determines that a person has in fact been bitten or attacked 1334
1514+by a dog, such animal control officer may make any order concerning 1335
1515+the restraint or disposal of such biting or attacking dog as is necessary 1336
1516+to protect public health and safety. In determining the type of order to 1337
1517+be issued or conditions of restraint to be imposed, the animal control 1338
1518+officer shall consider factors that include, but need not be limited to: (1) 1339
1519+The ability of the owner or keeper of the dog, if any, to control the 1340
1520+animal; (2) the severity of injury inflicted on a person by the biting or 1341
1521+attacking dog; (3) the viciousness of the bite or attack; (4) any history of 1342
1522+past bites or attacks by the dog; (5) whether the bite or attack occurred 1343
1523+at a location that is off of the property of the owner or keeper of the dog; 1344
1524+(6) whether the biting or attacking dog was provoked; and (7) whether 1345
1525+the biting or attacking dog was protecting its owner or keeper from 1346
1526+physical harm. 1347
1527+(d) Any dog, while [actually worrying] biting, attacking or pursuing 1348 Substitute Bill No. 426
1528+
1529+
1530+LCO 43 of 62
1531+
1532+deer, may be killed by [the Chief Animal Control Officer or an animal 1349
1533+control officer] any animal control officer appointed pursuant to section 1350
1534+22-328, 22-331 or 22-331a, or by a conservation officer or special 1351
1535+conservation officer appointed by the Commissioner of Energy and 1352
1536+Environmental Protection, or by any police officer, [or state policeman] 1353
1537+including a state police officer. The owner or keeper of any dog found 1354
1538+[worrying] biting, attacking or pursuing a deer shall be guilty of a class 1355
1539+D misdemeanor. 1356
1540+(e) Any person who kills any dog, cat or other animal in accordance 1357
1541+with the provisions of this section shall not be held criminally or civilly 1358
1542+liable therefor. 1359
1543+(f) Repealed by P.A. 19-197, S. 1. 1360
1544+(g) Repealed by P.A. 05-175, S. 24. 1361
1545+(h) The following shall apply to any order issued pursuant to this 1362
1546+section: 1363
1547+(1) In the interest of public health and safety, and the health and 1364
1548+safety of animals, whenever an order issued pursuant to this section 1365
1549+requires the restraint of an animal, the order shall be effective upon its 1366
1550+issuance and shall remain in effect during any appeal of such order; 1367
1551+(2) In the interest of public health and safety, and the health and 1368
1552+safety of animals, whenever an order issued pursuant to this section 1369
1553+requires the disposal of an animal, the issuing officer shall take physical 1370
1554+custody and retain possession of the animal subject to the order during 1371
1555+any appeal of such order; 1372
1556+(3) Not later than twenty-four hours after the issuance of any order 1373
1557+issued pursuant to this section, a copy of the order shall be delivered to 1374
1558+the person bitten or attacked, or to the owner or keeper of an animal 1375
1559+which has been bitten or attacked. An order issued pursuant to this 1376
1560+section shall include the date, time and place where the prehearing 1377
1561+meeting shall occur. The order shall also include a statement informing 1378 Substitute Bill No. 426
1562+
1563+
1564+LCO 44 of 62
1565+
1566+the owner or keeper of the biting or attacking animal of their right to 1379
1567+pursue an appeal of the order following the prehearing meeting; 1380
1568+(4) Not later than fifteen days after the date of issuing an order issued 1381
1569+pursuant to this section by any animal control officer appointed 1382
1570+pursuant to section 22-328, 22-331 or 22-331a, the municipality in which 1383
1571+the attack occurred shall schedule and hold a prehearing meeting with 1384
1572+the owner or keeper of the animal subject to the order and the person 1385
1573+who was bitten or attacked, or the owner or keeper of an animal which 1386
1574+has been bitten or attacked, to determine if the order is in dispute. At 1387
1575+such meeting the owner or keeper of the animal subject to the order and 1388
1576+their legal counsel, if any, the animal control officer issuing the order 1389
1577+and the animal control officer's appointing authority, or their designee, 1390
1578+may stipulate to an alternate order; 1391
1579+(5) A statement of the prehearing meeting, including only the names 1392
1580+of the attending parties, the date of the prehearing meeting and whether 1393
1581+the order was modified, shall be provided by the municipality to the 1394
1582+owner or keeper of the animal subject to the order, and the victim or the 1395
1583+owner or keeper of an animal which has been bitten or attacked, not 1396
1584+later than ten days after the date of the prehearing meeting. All 1397
1585+settlement discussions that occurred during the prehearing meeting 1398
1586+shall be confidential and protected from disclosure under state law; 1399
1587+(6) After the prehearing meeting is concluded, any person aggrieved 1400
1588+by any order, including an alternate order, issued pursuant to this 1401
1589+section by any animal control officer appointed pursuant to section 22-1402
1590+328, 22-321 or 22-321a, may appeal to the superior court of the judicial 1403
1591+district in which such municipality is located, provided such appeal is 1404
1592+made not later than fifteen days after the date on which the prehearing 1405
1593+meeting is concluded; 1406
1594+(7) The owner or keeper of any animal subject to an order issued 1407
1595+pursuant to this section shall pay all fees as set forth in section 22-333. If 1408
1596+an owner or keeper of an animal subject to an order issued pursuant to 1409
1597+this section fails to comply with the order, any animal control officer 1410 Substitute Bill No. 426
1598+
1599+
1600+LCO 45 of 62
1601+
1602+appointed pursuant to section 22-328, 22-331 or 22-331a may seize the 1411
1603+animal prior to or during the pendency of the prehearing meeting or 1412
1604+appeal and until completion of the appeal of such order to ensure such 1413
1605+compliance and the owner shall be responsible for any expenses 1414
1606+resulting from such seizure; 1415
1607+(8) Once the order becomes a final order or judgment, the order is 1416
1608+enforceable on a state-wide basis and any animal control officer 1417
1609+appointed pursuant to section 22-328, 22-331 or 22-331a shall have the 1418
1610+authority to enforce the final order or judgment; 1419
1611+(9) Any owner or keeper of an animal subject to a final order or 1420
1612+judgment issued pursuant to this subsection who fails to comply with a 1421
1613+final order or judgment shall be guilty of a class D misdemeanor; and 1422
1614+(10) Any person aggrieved by any order issued under the provisions 1423
1615+of this section by the commissioner or an animal control officer may 1424
1616+appeal to the superior court of the judicial district in which such 1425
1617+aggrieved person is a resident, provided such appeal is made not later 1426
1618+than fifteen days after the date of issuance of the order. 1427
1619+[(h)] (i) A person who sustains damage [by a dog] or physical injury 1428
1620+to such person's poultry, ratite, domestic rabbit, [companion] animal or 1429
1621+livestock as defined in section 22-278, by a biting or attacking dog shall 1430
1622+make complaint concerning circumstances of the bite or attack by such 1431
1623+dog on any such animal or livestock to the [Chief Animal Control 1432
1624+Officer, any animal control officer or the municipal animal control 1433
1625+officer or regional animal control officer of the town in which such dog 1434
1626+is owned or kept] animal control officer appointed pursuant to section 1435
1627+22-328, 22-331 or 22-331a of the town in which the bite or attack 1436
1628+occurred. An officer to whom such complaint is made shall immediately 1437
1629+investigate such complaint. [If such officer finds that the complainant's 1438
1630+animal has been bitten or attacked by a dog when the attacked animal 1439
1631+was not on the premises of the owner or keeper of the attacking dog and 1440
1632+provided the complainant's animal was under the control of the 1441
1633+complainant or on the complainant's property, such officer, the 1442 Substitute Bill No. 426
1634+
1635+
1636+LCO 46 of 62
1637+
1638+commissioner, the Chief Animal Control Officer or any animal control 1443
1639+officer may make any order concerning the restraint or disposal of such 1444
1640+attacking dog as the commissioner or such officer deems necessary. An 1445
1641+owner or keeper of such dog who fails to comply with such order shall 1446
1642+be guilty of a class D misdemeanor. If the owner or keeper of such dog 1447
1643+fails to comply with an order made pursuant to this subsection, the 1448
1644+Chief Animal Control Officer or any animal control officer, municipal 1449
1645+animal control officer or regional animal control officer may seize the 1450
1646+dog to ensure such compliance, and the owner or keeper of such dog 1451
1647+shall be responsible for any expenses resulting from such seizure. A 1452
1648+person aggrieved by an order of the Chief Animal Control Officer or any 1453
1649+animal control officer, municipal animal control officer or regional 1454
1650+animal control officer made pursuant to this subsection may request a 1455
1651+hearing before the commissioner not later than fourteen days after the 1456
1652+issuance of such order. After such hearing, the commissioner may 1457
1653+affirm, modify or revoke such order as the commissioner deems proper. 1458
1654+A dog owned by a police agency of the state or any of its political 1459
1655+subdivisions is exempt from the provisions of this section when such 1460
1656+dog is under the direct supervision, care and control of an assigned 1461
1657+police officer, has been vaccinated annually and is subject to routine 1462
1658+veterinary care.] In the interest of public health and safety, and the 1463
1659+health and safety of animals, if after investigation, any animal control 1464
1660+officer appointed pursuant to section 22-328, 22-331 or 22-331a in the 1465
1661+municipality or region in which an alleged dog bite or attack occurs 1466
1662+determines that an animal has in fact been bitten or attacked by a dog, 1467
1663+such animal control officer may make any order concerning the restraint 1468
1664+or disposal of such biting or attacking dog as is necessary to protect 1469
1665+public health and safety and the health and safety of animals. In 1470
1666+determining the type of order to be issued or conditions of restraint to 1471
1667+be imposed, the animal control officer shall consider factors that include, 1472
1668+but need not be limited to: (1) The ability of the owner or keeper to 1473
1669+control the dog; (2) the severity of injury inflicted by the biting or 1474
1670+attacking dog; (3) the viciousness of the bite or attack; (4) any history of 1475
1671+past bites or attacks by the dog; (5) whether the bite or attack occurred 1476
1672+at a location that is off of the property of the owner or keeper of the 1477 Substitute Bill No. 426
1673+
1674+
1675+LCO 47 of 62
1676+
1677+biting or attacking dog, provided the animal attacked was under the 1478
1678+control of animal's owner or keeper, or the animal attacked was on 1479
1679+property of the owner or keeper; (6) whether the biting or attacking dog 1480
1680+was provoked; and (7) whether the biting or attacking dog was 1481
1681+protecting its owner or keeper from physical harm. 1482
1682+(j) Any dog or other animal owned by the United States military, a 1483
1683+law enforcement agency of the United States or a law enforcement 1484
1684+agency of this state or any of its political subdivisions shall be exempt 1485
1685+from the provisions of this section when such dog or other animal is 1486
1686+owned by or in the custody and control of such agency and under the 1487
1687+direct supervision, care and control of an assigned handler, is currently 1488
1688+vaccinated for rabies and is subject to routine veterinary care. Any 1489
1689+service animal owned by or in the custody and control of a person with 1490
1690+a disability shall be exempt from the provisions of this section when 1491
1691+such service animal is under the direct supervision, care and control of 1492
1692+such person, is currently vaccinated for rabies and is subject to routine 1493
1693+veterinary care. As used in this subsection, "service animal" and 1494
1694+"disability" have the same meaning as provided in section 22-345. 1495
1695+Sec. 30. Section 52-380a of the general statutes is repealed and the 1496
1696+following is substituted in lieu thereof (Effective October 1, 2024): 1497
1697+(a) A judgment lien, securing the unpaid amount of any money 1498
1698+judgment, including interest and costs, may be placed on any real 1499
1699+property by recording, in the town clerk's office in the town where the 1500
1700+real property lies, a judgment lien certificate, signed by the judgment 1501
1701+creditor or his attorney or personal representative, containing: (1) A 1502
1702+statement of the names and last-known addresses of the judgment 1503
1703+creditor and judgment debtor, the court in which and the date on which 1504
1704+the judgment was rendered, and the original amount of the money 1505
1705+judgment and the amount due thereon; and (2) a description, which 1506
1706+need not be by metes and bounds, of the real property on which a lien 1507
1707+is to be placed, and a statement that the lien has been placed on such 1508
1708+property. 1509 Substitute Bill No. 426
1709+
1710+
1711+LCO 48 of 62
1712+
1713+(b) From the time of the recording of the judgment lien certificate, the 1510
1714+money judgment shall be a lien on the judgment debtor's interest in the 1511
1715+real property described. If, within four months of judgment, the lien is 1512
1716+placed on real property which was previously attached in the action, the 1513
1717+lien on that property shall hold from the date of attachment, provided 1514
1718+the judgment lien certificate contains a clause referring to and 1515
1719+identifying the attachment, substantially in the following form: "This 1516
1720+lien is filed within four months after judgment in the action was 1517
1721+rendered and relates back to an attachment of real property recorded on 1518
1722+(month) (day) (year), at Volume ___ Page ___ of the ___ land records." 1519
1723+(c) A judgment lien on real property may be foreclosed or redeemed 1520
1724+in the same manner as mortgages on the same property. 1521
1725+(d) In the case of a consumer judgment, the complaint shall indicate 1522
1726+whether, pursuant to an installment payment order under subsection 1523
1727+(b) of section 52-356d, the court has entered a stay of execution and, if 1524
1728+such a stay was entered, shall allege any default on an installment 1525
1729+payment order which is a precondition to foreclosure. In addition, the 1526
1730+judgment creditor shall give notice to the judgment debtor of the 1527
1731+Ezequiel Santiago Foreclosure Mediation Program, established 1528
1732+pursuant to section 49-31m, by attaching to the front of the writ, 1529
1733+summons and complaint that is served on the judgment debtor: (1) A 1530
1734+copy of the notice of foreclosure mediation, in such form as the Chief 1531
1735+Court Administrator prescribes, (2) a copy of the foreclosure mediation 1532
1736+certificate form described in subsection (c) of section 49-3ll, in such form 1533
1737+as the Chief Court Administrator prescribes, and (3) a blank appearance 1534
1738+form, in such form as the Chief Court Administrator prescribes. The 1535
1739+notice of foreclosure mediation shall instruct the judgment debtor to file 1536
1740+the appearance and foreclosure mediation certificate forms with the 1537
1741+court not later than fifteen days from the return date for the foreclosure 1538
1742+action. If the judgment debtor elects to participate in, and the court 1539
1743+orders the case assigned to, said foreclosure mediation program, (A) the 1540
1744+judgment debtor shall be entitled to the rights and shall assume the 1541
1745+obligations of a mortgagor under sections 49-31k to 49-31o, inclusive, 1542
1746+and (B) a judgment creditor shall be entitled to the rights and shall 1543 Substitute Bill No. 426
1747+
1748+
1749+LCO 49 of 62
1750+
1751+assume the obligations of a mortgagee under sections 49-31k to 49-31o, 1544
1752+inclusive, except that the judgment creditor shall not be required to 1545
1753+furnish the mortgage specific information described in subsection (d) of 1546
1754+section 49-31l, but instead shall furnish a copy of the underlying 1547
1755+judgment, and an accounting of current interest and other charges 1548
1756+incurred for the time period prescribed in subsection (d) of section 49-1549
1757+31l. No action to foreclose a judgment lien filed pursuant to this section 1550
1758+may be commenced unless an execution may issue pursuant to section 1551
1759+52-356a. The judgment lien shall expire twenty years after the judgment 1552
1760+was rendered, except any judgment lien recorded with respect to a small 1553
1761+claims action shall expire ten years after the judgment was rendered, 1554
1762+unless the party claiming the lien commences an action to foreclose it 1555
1763+within that period of time and records a notice of lis pendens in evidence 1556
1764+thereof on the land records of the town in which the real property is 1557
1765+located. 1558
1766+Sec. 31. Section 51-274 of the 2024 supplement to the general statutes 1559
1767+is repealed and the following is substituted in lieu thereof (Effective July 1560
1768+1, 2024): 1561
1769+All special acts or provisions thereof inconsistent with this chapter 1562
1770+and with sections 1-1a, 2-5, 2-40, 2-61, 5-164, 5-189, 7-80, 8-12, 9-63, 9-258, 1563
1771+9-368, 12-154, 14-141, 14-142, 18-65, 18-73, 19a-220, 21a-96, 29-13, 29-362, 1564
1772+30-105, 30-107, 30-111, 35-22, 46b-120, 46b-133, 46b-560, 47a-23, 47a-28, 1565
1773+47a-35, 47a-37, 49-61, 49-62, 51-6a, 51-9, 51-15, 51-27, 51-30, 51-33, 51-34, 1566
1774+51-36, 51-48, 51-49, 51-50, 51-51, 51-52, [51-59,] 51-72, 51-73, 51-95, 51-1567
1775+183b, 51-183d, 51-183f, 51-183g, 51-215a, 51-229, 51-232, 51-237, as 1568
1776+amended by this act, and 51-241, subsection (a) of section 51-243 and 1569
1777+sections 51-247, 51-347, 52-45a, 52-45b, 52-46, 52-97, 52-112, 52-139, 52-1570
1778+193, 52-194, 52-196, 52-209, 52-212, 52-215, 52-226, 52-240, 52-257, 52-258, 1571
1779+52-261, 52-263, 52-268, 52-270, 52-278i, 52-293, 52-297, 52-298, 52-324, 52-1572
1780+351, 52-397, 52-425, 52-427, 52-428, 52-521, 53-308, 53-328, 54-2a, 54-56f, 1573
1781+54-66, 54-72, 54-74, 54-82g, 54-82j, 54-82k, 54-95a, 54-96a, 54-96b, 54-97, 1574
1782+54-108, 54-154, 54-166 and 54-169 to 54-174, inclusive, are repealed. 1575
1783+Sec. 32. Subsection (d) of section 1-205 of the general statutes is 1576 Substitute Bill No. 426
1784+
1785+
1786+LCO 50 of 62
1787+
1788+repealed and the following is substituted in lieu thereof (Effective October 1577
1789+1, 2024): 1578
1790+(d) The commission shall, subject to the provisions of the Freedom of 1579
1791+Information Act promptly review the alleged violation of said Freedom 1580
1792+of Information Act and issue an order pertaining to the same. Said 1581
1793+commission shall have the power to investigate all alleged violations of 1582
1794+said Freedom of Information Act and may for the purpose of 1583
1795+investigating any violation hold a hearing, administer oaths, examine 1584
1796+witnesses, receive oral and documentary evidence, have the power to 1585
1797+subpoena witnesses under procedural rules adopted by the commission 1586
1798+to compel attendance and to require the production for examination of 1587
1799+any books and papers which the commission deems relevant in any 1588
1800+matter under investigation or in question. In case of a refusal to comply 1589
1801+with any such subpoena or to testify with respect to any matter upon 1590
1802+which that person may be lawfully interrogated, the superior court for 1591
1803+the judicial district [of New Britain] in which the public agency is 1592
1804+located, on application of the commission, may issue an order requiring 1593
1805+such person to comply with such subpoena and to testify; failure to obey 1594
1806+any such order of the court may be punished by the court as a contempt 1595
1807+thereof. 1596
1808+Sec. 33. Subsection (b) of section 1-206 of the 2024 supplement to the 1597
1809+general statutes is repealed and the following is substituted in lieu 1598
1810+thereof (Effective October 1, 2024): 1599
1811+(b) (1) Any person denied the right to inspect or copy records under 1600
1812+section 1-210 or wrongfully denied the right to attend any meeting of a 1601
1813+public agency or denied any other right conferred by the Freedom of 1602
1814+Information Act may appeal therefrom to the Freedom of Information 1603
1815+Commission, by filing a notice of appeal with said commission. A notice 1604
1816+of appeal shall be filed not later than thirty days after such denial, except 1605
1817+in the case of an unnoticed or secret meeting, in which case the appeal 1606
1818+shall be filed not later than thirty days after the person filing the appeal 1607
1819+receives actual or constructive notice that such meeting was held. For 1608
1820+purposes of this subsection, such notice of appeal shall be deemed to be 1609 Substitute Bill No. 426
1821+
1822+
1823+LCO 51 of 62
1824+
1825+filed on the date it is received by said commission or on the date it is 1610
1826+postmarked, if received more than thirty days after the date of the denial 1611
1827+from which such appeal is taken. Upon receipt of such notice, the 1612
1828+commission shall serve upon all parties, by certified or registered mail 1613
1829+or by electronic transmission, a copy of such notice together with any 1614
1830+other notice or order of such commission. In the case of the denial of a 1615
1831+request to inspect or copy records contained in a public employee's 1616
1832+personnel or medical file or similar file under subsection (c) of section 1-1617
1833+214, the commission shall include with its notice or order an order 1618
1834+requiring the public agency to notify any employee whose records are 1619
1835+the subject of an appeal, and the employee's collective bargaining 1620
1836+representative, if any, of the commission's proceedings and, if any such 1621
1837+employee or collective bargaining representative has filed an objection 1622
1838+under said subsection (c), the agency shall provide the required notice 1623
1839+to such employee and collective bargaining representative by certified 1624
1840+mail, return receipt requested, by electronic transmission or by hand 1625
1841+delivery with a signed receipt. A public employee whose personnel or 1626
1842+medical file or similar file is the subject of an appeal under this 1627
1843+subsection may intervene as a party in the proceedings on the matter 1628
1844+before the commission. Said commission shall, after due notice to the 1629
1845+parties, hear and decide the appeal not later than one year after the filing 1630
1846+of the notice of appeal. The commission shall adopt regulations in 1631
1847+accordance with chapter 54, establishing criteria for those appeals which 1632
1848+shall be privileged in their assignment for hearing. Any such appeal 1633
1849+shall be heard not later than thirty days after receipt of a notice of appeal 1634
1850+and decided not later than sixty days after the hearing. If a notice of 1635
1851+appeal concerns an announced agency decision to meet in executive 1636
1852+session or an ongoing agency practice of meeting in executive sessions, 1637
1853+for a stated purpose, the commission or a member or members of the 1638
1854+commission designated by its chairperson shall serve notice upon the 1639
1855+parties in accordance with this section and hold a preliminary hearing 1640
1856+on the appeal not later than seventy-two hours after receipt of the notice, 1641
1857+provided such notice shall be given to the parties at least forty-eight 1642
1858+hours prior to such hearing. During such preliminary hearing, the 1643
1859+commission shall take evidence and receive testimony from the parties. 1644 Substitute Bill No. 426
1860+
1861+
1862+LCO 52 of 62
1863+
1864+If after the preliminary hearing the commission finds probable cause to 1645
1865+believe that the agency decision or practice is in violation of sections 1-1646
1866+200 and 1-225, the agency shall not meet in executive session for such 1647
1867+purpose until the commission decides the appeal. If probable cause is 1648
1868+found by the commission, it shall conduct a final hearing on the appeal 1649
1869+and render its decision not later than five days after the completion of 1650
1870+the preliminary hearing. Such decision shall specify the commission's 1651
1871+findings of fact and conclusions of law. 1652
1872+(2) In any appeal to the Freedom of Information Commission under 1653
1873+subdivision (1) of this subsection or subsection (c) of this section, the 1654
1874+commission may confirm the action of the agency or order the agency 1655
1875+to provide relief that the commission, in its discretion, believes 1656
1876+appropriate to rectify the denial of any right conferred by the Freedom 1657
1877+of Information Act. The commission may declare null and void any 1658
1878+action taken at any meeting which a person was denied the right to 1659
1879+attend and may require the production or copying of any public record. 1660
1880+In addition, upon the finding that a denial of any right created by the 1661
1881+Freedom of Information Act was without reasonable grounds and after 1662
1882+the custodian or other official directly responsible for the denial has 1663
1883+been given an opportunity to be heard at a hearing conducted in 1664
1884+accordance with sections 4-176e to 4-184, inclusive, the commission 1665
1885+may, in its discretion, impose against the custodian or other official a 1666
1886+civil penalty of not less than twenty dollars nor more than five thousand 1667
1887+dollars. If the commission finds that a person has taken an appeal under 1668
1888+this subsection frivolously, without reasonable grounds and solely for 1669
1889+the purpose of harassing the agency from which the appeal has been 1670
1890+taken, after such person has been given an opportunity to be heard at a 1671
1891+hearing conducted in accordance with sections 4-176e to 4-184, 1672
1892+inclusive, the commission may, in its discretion, impose against that 1673
1893+person a civil penalty of not less than twenty dollars nor more than one 1674
1894+thousand dollars. The commission shall notify a person of a penalty 1675
1895+levied against such person pursuant to this subsection by written notice 1676
1896+sent by certified or registered mail or electronic transmission. If a person 1677
1897+fails to pay the penalty not later than thirty days after receiving such 1678 Substitute Bill No. 426
1898+
1899+
1900+LCO 53 of 62
1901+
1902+notice, the Superior Court shall, on application of the commission, issue 1679
1903+an order requiring the person to pay the penalty imposed. If the 1680
1904+executive director of the commission has reason to believe an appeal 1681
1905+under subdivision (1) of this subsection or subsection (c) of this section 1682
1906+(A) presents a claim beyond the commission's jurisdiction; (B) would 1683
1907+perpetrate an injustice; or (C) would constitute an abuse of the 1684
1908+commission's administrative process, the executive director shall not 1685
1909+schedule the appeal for hearing without first seeking and obtaining 1686
1910+leave of the commission. The commission shall provide due notice to the 1687
1911+parties and review affidavits and written argument that the parties may 1688
1912+submit and grant or deny such leave summarily at its next regular 1689
1913+meeting. The commission shall grant such leave unless it finds that the 1690
1914+appeal: (i) Does not present a claim within the commission's jurisdiction; 1691
1915+(ii) would perpetrate an injustice; or (iii) would constitute an abuse of 1692
1916+the commission's administrative process. Any party aggrieved by the 1693
1917+commission's denial of such leave may apply to the superior court for 1694
1918+the judicial district [of New Britain] in which the public agency is 1695
1919+located, not later than fifteen days of the commission meeting at which 1696
1920+such leave was denied, for an order requiring the commission to hear 1697
1921+such appeal. 1698
1922+(3) In making the findings and determination under subdivision (2) 1699
1923+of this subsection the commission shall consider the nature of any 1700
1924+injustice or abuse of administrative process, including, but not limited 1701
1925+to: (A) The nature, content, language or subject matter of the request or 1702
1926+the appeal, including, among other factors, whether the request or 1703
1927+appeal is repetitious or cumulative; (B) the nature, content, language or 1704
1928+subject matter of prior or contemporaneous requests or appeals by the 1705
1929+person making the request or taking the appeal; (C) the nature, content, 1706
1930+language or subject matter of other verbal and written communications 1707
1931+to any agency or any official of any agency from the person making the 1708
1932+request or taking the appeal; (D) any history of nonappearance at 1709
1933+commission proceedings or disruption of the commission's 1710
1934+administrative process, including, but not limited to, delaying 1711
1935+commission proceedings; and (E) the refusal to participate in settlement 1712 Substitute Bill No. 426
1936+
1937+
1938+LCO 54 of 62
1939+
1940+conferences conducted by a commission ombudsman in accordance 1713
1941+with the commission's regulations. 1714
1942+(4) Notwithstanding any provision of this subsection, in the case of 1715
1943+an appeal to the commission of a denial by a public agency, the 1716
1944+commission may, upon motion of such agency, confirm the action of the 1717
1945+agency and dismiss the appeal without a hearing if it finds, after 1718
1946+examining the notice of appeal and construing all allegations most 1719
1947+favorably to the appellant, that (A) the agency has not violated the 1720
1948+Freedom of Information Act, or (B) the agency has committed a technical 1721
1949+violation of the Freedom of Information Act that constitutes a harmless 1722
1950+error that does not infringe the appellant's rights under said act. 1723
1951+(5) Notwithstanding any provision of this subsection, in the case of 1724
1952+an appeal to the commission of a denial by a public agency where, after 1725
1953+a hearing, the commission finds the public agency is engaging in a 1726
1954+practice or pattern of conduct that constitutes an obstruction of any right 1727
1955+conferred by the Freedom of Information Act or reckless, wilful or 1728
1956+wanton misconduct with regard to the delay or denial of responses to 1729
1957+requests for public records under said act, the commission may impose 1730
1958+a civil penalty of not less than twenty dollars nor more than five 1731
1959+thousand dollars against a custodian or other official of such public 1732
1960+agency, and order such other relief that the commission, in its discretion, 1733
1961+determines is appropriate to rectify such obstruction or misconduct and 1734
1962+to deter such public agency from violating the Freedom of Information 1735
1963+Act. In case of any failure or refusal to comply with any order issued 1736
1964+under this subdivision, the commission may apply to the superior court 1737
1965+for the judicial district [of New Britain] in which the public agency is 1738
1966+located for an order requiring such public agency to comply with such 1739
1967+order. 1740
1968+(6) Notwithstanding any provision of this subsection, a public agency 1741
1969+may petition the commission for relief from a requester that the public 1742
1970+agency alleges is a vexatious requester. Such petition shall be sworn 1743
1971+under penalty of false statement, as provided in section 53a-157b, and 1744
1972+shall detail the conduct which the agency alleges demonstrates a 1745 Substitute Bill No. 426
1973+
1974+
1975+LCO 55 of 62
1976+
1977+vexatious history of requests, including, but not limited to: (A) The 1746
1978+number of requests filed and the total number of pending requests; (B) 1747
1979+the scope of the requests; (C) the nature, content, language or subject 1748
1980+matter of the requests; (D) the nature, content, language or subject 1749
1981+matter of other oral and written communications to the agency from the 1750
1982+requester; and (E) a pattern of conduct that amounts to an abuse of the 1751
1983+right to access information under the Freedom of Information Act or an 1752
1984+interference with the operation of the agency. Upon receipt of such 1753
1985+petition, the executive director of the commission shall review the 1754
1986+petition and determine whether it warrants a hearing. If the executive 1755
1987+director determines that a hearing is not warranted, the executive 1756
1988+director shall recommend that the commission deny the petition 1757
1989+without a hearing. The commission shall vote at its next regular meeting 1758
1990+after such recommendation to accept or reject such recommendation 1759
1991+and, after such meeting, shall issue a written explanation of the reasons 1760
1992+for such acceptance or rejection. If the executive director determines that 1761
1993+a hearing is warranted, the commission shall serve upon all parties, by 1762
1994+certified or registered mail or electronic transmission, a copy of such 1763
1995+petition together with any other notice or order of the commission. The 1764
1996+commission shall, after due notice to the parties, hear and either grant 1765
1997+or deny the petition not later than one year after its filing. Upon a grant 1766
1998+of such petition, the commission may provide appropriate relief 1767
1999+commensurate with the vexatious conduct, including, but not limited 1768
2000+to, an order that the agency need not comply with future requests from 1769
2001+the vexatious requester for a specified period of time, but not to exceed 1770
2002+one year. Any party aggrieved by the commission's granting of such 1771
2003+petition may apply to the superior court for the judicial district [of New 1772
2004+Britain] in which the public agency is located, not later than fifteen days 1773
2005+after the commission meeting at which such petition was granted, for an 1774
2006+order reversing the commission's decision. 1775
2007+Sec. 34. Subsection (a) of section 51-344a of the general statutes is 1776
2008+repealed and the following is substituted in lieu thereof (Effective October 1777
2009+1, 2024): 1778
2010+(a) Whenever the term "judicial district of Hartford-New Britain" or 1779 Substitute Bill No. 426
2011+
2012+
2013+LCO 56 of 62
2014+
2015+"judicial district of Hartford-New Britain at Hartford" is used or referred 1780
2016+to in the following sections of the general statutes, it shall be deemed to 1781
2017+mean or refer to the judicial district of Hartford on and after September 1782
2018+1, 1998: Sections [1-205, 1-206,] 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-1783
2019+160, 4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-1784
2020+369b, 10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-405k, 12-422, 1785
2021+12-448, 12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-1786
2022+586f, 12-597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-1787
2023+67u, 14-110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41, 1788
2024+16a-5, 17b-60, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, 19a-425, 19a-498, 1789
2025+19a-517, 19a-526, 19a-633, 20-12f, 20-13e, 20-29, 20-40, 20-45, 20-59, 20-1790
2026+73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192, 20-1791
2027+195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307, 20-1792
2028+341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 22-7, 22-228, 22-248, 1793
2029+22-254, 22-320d, 22-326a, 22-344b, 22-386, 22a-6b, 22a-7, 22a-16, 22a-30, 1794
2030+22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119, 22a-1795
2031+180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a-226c, 1796
2032+22a-227, 22a-250, 22a-255l, 22a-276, 22a-310, 22a-342a, 22a-344, 22a-361a, 1797
2033+22a-374, 22a-376, 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-449g, 1798
2034+22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-143j, 29-158, 29-161z, 29-1799
2035+323, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-285, 1800
2036+31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-471a, 36a-494, 1801
2037+36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30, 36b-1802
2038+50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139, 38a-1803
2039+140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241, 38a-1804
2040+337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817, 38a-1805
2041+843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p, 42-1806
2042+182, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-1807
2043+392d and 54-211a. 1808
2044+Sec. 35. Section 51-14 of the general statutes is repealed and the 1809
2045+following is substituted in lieu thereof (Effective October 1, 2024): 1810
2046+(a) The judges of the Supreme Court, the judges of the Appellate 1811
2047+Court, and the judges of the Superior Court shall adopt and promulgate 1812
2048+and may from time to time modify or repeal rules and forms regulating 1813 Substitute Bill No. 426
2049+
2050+
2051+LCO 57 of 62
2052+
2053+pleading, practice and procedure in judicial proceedings in courts in 1814
2054+which they have the constitutional authority to make rules, for the 1815
2055+purpose of simplifying proceedings in the courts and of promoting the 1816
2056+speedy and efficient determination of litigation upon its merits. The 1817
2057+rules of the Appellate Court shall be as consistent as feasible with the 1818
2058+rules of the Supreme Court to promote uniformity in the procedure for 1819
2059+the taking of appeals and may dispense, so far as justice to the parties 1820
2060+will permit while affording a fair review, with the necessity of printing 1821
2061+of records and briefs. Such rules shall not abridge, enlarge or modify 1822
2062+any substantive right or the jurisdiction of any of the courts. Such rules 1823
2063+shall become effective on such date as the judges specify but not in any 1824
2064+event until sixty days after such promulgation, except that such rules 1825
2065+may become effective prior to the expiration of the sixty-day time period 1826
2066+if the judges deem that circumstances require that a new rule or a change 1827
2067+to an existing rule be adopted expeditiously. 1828
2068+[(b) All statutes relating to pleading, practice and procedure in 1829
2069+existence on July 1, 1957, shall be deemed to be rules of court and shall 1830
2070+remain in effect as such only until modified, superseded or suspended 1831
2071+by rules adopted and promulgated by the judges of the Supreme Court 1832
2072+or the Superior Court pursuant to the provisions of this section. The 1833
2073+Chief Justice shall report any such rules to the General Assembly for 1834
2074+study at the beginning of each regular session. Such rules shall be 1835
2075+referred by the speaker of the House or by the president of the Senate to 1836
2076+the judiciary committee for its consideration and such committee shall 1837
2077+schedule hearings thereon. Any rule or any part thereof disapproved by 1838
2078+the General Assembly by resolution shall be void and of no effect and a 1839
2079+copy of such resolution shall thereafter be published once in the 1840
2080+Connecticut Law Journal.] 1841
2081+[(c)] (b) The judges or a committee of their number shall hold public 1842
2082+hearings, of which reasonable notice shall be given in the Connecticut 1843
2083+Law Journal and otherwise as they deem proper, upon any proposed 1844
2084+new rule or any change in an existing rule that is to come before said 1845
2085+judges for action, and each such proposed new rule or change in an 1846
2086+existing rule shall be published in the Connecticut Law Journal as a part 1847 Substitute Bill No. 426
2087+
2088+
2089+LCO 58 of 62
2090+
2091+of such notice. A public hearing shall be held at least once a year, of 1848
2092+which reasonable notice shall likewise be given, at which any member 1849
2093+of the bar or layman may bring to the attention of the judges any new 1850
2094+rule or change in an existing rule that he deems desirable. 1851
2095+[(d)] (c) Upon the taking effect of such rules adopted and 1852
2096+promulgated by the judges of the Supreme Court pursuant to the 1853
2097+provisions of this section, all provisions of rules theretofore 1854
2098+promulgated by the judges of the Superior Court shall be deemed to be 1855
2099+repealed. 1856
2100+Sec. 36. Section 52-278b of the general statutes is repealed and the 1857
2101+following is substituted in lieu thereof (Effective October 1, 2024): 1858
2102+Notwithstanding any provision of the general statutes to the 1859
2103+contrary, no prejudgment remedy shall be available to a person in any 1860
2104+action at law or equity (1) unless he has complied with the provisions of 1861
2105+sections 52-278a to 52-278g, inclusive, except an action upon a 1862
2106+commercial transaction wherein the defendant has executed a waiver as 1863
2107+provided in section 52-278f, [or] (2) for the garnishment of earnings as 1864
2108+defined in subdivision (5) of section 52-350a, or (3) for information 1865
2109+compelling disclosure of the names and addresses of clients of an 1866
2110+individual or entity that provides professional services, as defined in 1867
2111+subdivision (20) of section 4e-1, when the disclosure of such names and 1868
2112+addresses would constitute a violation of state or federal law, or the 1869
2113+applicable rules of professional conduct governing such profession, as 1870
2114+the case may be. 1871
2115+Sec. 37. Subsection (a) of section 51-345 of the 2024 supplement to the 1872
2116+general statutes is repealed and the following is substituted in lieu 1873
2117+thereof (Effective July 1, 2024): 1874
2118+(a) Except as provided in section 51-348, as amended by this act, and 1875
2119+subsections (b) to (h), inclusive, of this section, all civil process shall be 1876
2120+made returnable to a judicial district, as follows: 1877
2121+(1) If all of the parties reside outside this state, to the judicial district 1878 Substitute Bill No. 426
2122+
2123+
2124+LCO 59 of 62
2125+
2126+where (A) the injury occurred, (B) the transaction occurred, or (C) the 1879
2127+property is located or lawfully attached. 1880
2128+(2) If the defendant is not a resident, to the judicial district where the 1881
2129+attached property is located. 1882
2130+(3) If either or both the plaintiff or the defendant are residents of, or 1883
2131+have an office or place of business in, this state, to the judicial district 1884
2132+where either the plaintiff or the defendant resides, or has an office or 1885
2133+place of business, except: 1886
2134+(A) If either the plaintiff or the defendant resides in, or has an office 1887
2135+or place of business in, the town of Manchester, East Windsor, South 1888
2136+Windsor or Enfield, the action may be made returnable at the option of 1889
2137+the plaintiff to either the judicial district of Hartford or the judicial 1890
2138+district of Tolland. 1891
2139+(B) If either the plaintiff or the defendant resides in, or has an office 1892
2140+or place of business in, the town of Plymouth, the action may be made 1893
2141+returnable at the option of the plaintiff to either the judicial district of 1894
2142+New Britain or the judicial district of Waterbury. 1895
2143+(C) If either the plaintiff or the defendant resides in, or has an office 1896
2144+or place of business in, the town of Bethany, Milford, West Haven or 1897
2145+Woodbridge, the action may be made returnable at the option of the 1898
2146+plaintiff to either the judicial district of New Haven or the judicial 1899
2147+district of Ansonia-Milford. 1900
2148+(D) If either the plaintiff or the defendant resides in, or has an office 1901
2149+or place of business in, the town of Southbury, the action may be made 1902
2150+returnable at the option of the plaintiff to either the judicial district of 1903
2151+Ansonia-Milford or the judicial district of Waterbury. 1904
2152+(E) If either the plaintiff or the defendant resides in, or has an office 1905
2153+or place of business in, the town of Darien, Greenwich, New Canaan, 1906
2154+Norwalk, Stamford, Weston, Westport or Wilton, the action may be 1907
2155+made returnable at the option of the plaintiff to either the judicial district 1908 Substitute Bill No. 426
2156+
2157+
2158+LCO 60 of 62
2159+
2160+of Stamford-Norwalk or the judicial district of Bridgeport. 1909
2161+(F) If either the plaintiff or the defendant resides in, or has an office 1910
2162+or place of business in, the town of Watertown or Woodbury, the action 1911
2163+may be made returnable at the option of the plaintiff to either the judicial 1912
2164+district of Waterbury or the judicial district of Litchfield. 1913
2165+(G) If either the plaintiff or the defendant resides in, or has an office 1914
2166+or place of business in, the town of Avon, Canton, Farmington or 1915
2167+Simsbury, the action may be made returnable at the option of the 1916
2168+plaintiff to either the judicial district of Hartford or the judicial district 1917
2169+of New Britain. 1918
2170+(H) If either the plaintiff or the defendant resides in, or has an office 1919
2171+or place of business in, the town of Newington, Rocky Hill or 1920
2172+Wethersfield, the action may be made returnable at the option of the 1921
2173+plaintiff to either the judicial district of Hartford or the judicial district 1922
2174+of New Britain, except for actions where venue is in the geographical 1923
2175+area as provided in section 51-348, as amended by this act, or in rules of 1924
2176+court. 1925
2177+(I) If either the plaintiff or the defendant resides in, or has an office or 1926
2178+place of business in, the town of Cromwell, the action may be made 1927
2179+returnable at the option of the plaintiff to either the judicial district of 1928
2180+Hartford or the judicial district of Middlesex. 1929
2181+(J) If either the plaintiff or the defendant resides in, or has an office or 1930
2182+place of business in, the town of New Milford, the action may be made 1931
2183+returnable at the option of the plaintiff to either the judicial district of 1932
2184+Danbury or the judicial district of Litchfield. 1933
2185+(K) If either the plaintiff or the defendant resides in, or has an office 1934
2186+or place of business in, the town of Windham or Ashford, the action may 1935
2187+be made returnable at the option of the plaintiff to either the judicial 1936
2188+district of Windham or the judicial district of Tolland. 1937
2189+Sec. 38. Sections 51-59 and 51-185 of the general statutes are repealed. 1938 Substitute Bill No. 426
2190+
2191+
2192+LCO 61 of 62
2193+
2194+(Effective July 1, 2024) 1939
2195+This act shall take effect as follows and shall amend the following
2196+sections:
2197+
2198+Section 1 July 1, 2024 4a-60(a)(1)
2199+Sec. 2 July 1, 2024 14-140(b)
2200+Sec. 3 October 1, 2024 29-38c(c)
2201+Sec. 4 from passage 46b-3(a)
2202+Sec. 5 from passage 46b-123
2203+Sec. 6 from passage 46b-142(a)
2204+Sec. 7 from passage 46b-207
2205+Sec. 8 July 1, 2024 47a-35a
2206+Sec. 9 from passage 47a-69(a)
2207+Sec. 10 from passage 51-27b
2208+Sec. 11 from passage 51-51v
2209+Sec. 12 from passage 51-60(b)
2210+Sec. 13 from passage 51-90c(a)
2211+Sec. 14 from passage 51-90d(a)
2212+Sec. 15 from passage 51-164m
2213+Sec. 16 October 1, 2024 51-193c(d)
2214+Sec. 17 from passage 51-237
2215+Sec. 18 from passage 51-348(a)
2216+Sec. 19 October 1, 2024 54-33a(d)
2217+Sec. 20 July 1, 2024 54-63c
2218+Sec. 21 July 1, 2024 54-91c(b)
2219+Sec. 22 July 1, 2024 54-201
2220+Sec. 23 July 1, 2024 54-203
2221+Sec. 24 July 1, 2024 54-210(a)
2222+Sec. 25 July 1, 2024 54-211
2223+Sec. 26 from passage 1-84(d)
2224+Sec. 27 October 1, 2024 New section
2225+Sec. 28 October 1, 2024 22-329a
2226+Sec. 29 October 1, 2024 22-358
2227+Sec. 30 October 1, 2024 52-380a
2228+Sec. 31 July 1, 2024 51-274
2229+Sec. 32 October 1, 2024 1-205(d)
2230+Sec. 33 October 1, 2024 1-206(b)
2231+Sec. 34 October 1, 2024 51-344a(a)
2232+Sec. 35 October 1, 2024 51-14
2233+Sec. 36 October 1, 2024 52-278b Substitute Bill No. 426
2234+
2235+
2236+LCO 62 of 62
2237+
2238+Sec. 37 July 1, 2024 51-345(a)
2239+Sec. 38 July 1, 2024 Repealer section
2240+
2241+Statement of Legislative Commissioners:
2242+In Section 27(a)(4), "subsection (c)" was changed to "subsection (b)" and
2243+in Section 27(g)(9), "45a-479" was changed to "45a-579" for accuracy; in
2244+Section 29(h)(4) and (h)(6), "22-328," was added for internal consistency
2245+and the title was changed.
2246+
2247+JUD Joint Favorable Subst.
23612248