1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | LCO No. 5804 1 of 32 |
---|
4 | 4 | | |
---|
5 | 5 | | General Assembly Raised Bill No. 7139 |
---|
6 | 6 | | January Session, 2025 |
---|
7 | 7 | | LCO No. 5804 |
---|
8 | 8 | | |
---|
9 | 9 | | |
---|
10 | 10 | | Referred to Committee on JUDICIARY |
---|
11 | 11 | | |
---|
12 | 12 | | |
---|
13 | 13 | | Introduced by: |
---|
14 | 14 | | (JUD) |
---|
15 | 15 | | |
---|
16 | 16 | | |
---|
17 | 17 | | |
---|
18 | 18 | | |
---|
19 | 19 | | AN ACT CONCERNING THE DUTIES OF STATE MARSHALS AND THE |
---|
20 | 20 | | ACTIVITIES UNDERTAKEN BY THE STATE MARSHAL COMMISSION |
---|
21 | 21 | | AND THE STATE MARSHALS ADVISORY BOARD. |
---|
22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
---|
23 | 23 | | Assembly convened: |
---|
24 | 24 | | |
---|
25 | 25 | | Section 1. Subsection (a) of section 6-30a of the general statutes is 1 |
---|
26 | 26 | | repealed and the following is substituted in lieu thereof (Effective October 2 |
---|
27 | 27 | | 1, 2025): 3 |
---|
28 | 28 | | (a) [On and after December 1, 2000, each] Each state marshal shall 4 |
---|
29 | 29 | | carry personal liability insurance for damages caused by reason of such 5 |
---|
30 | 30 | | state marshal's tortious acts in not less than the following amounts: (1) 6 |
---|
31 | 31 | | For damages caused to any one person or to the property of any one 7 |
---|
32 | 32 | | person, [one hundred] two hundred fifty thousand dollars; and (2) for 8 |
---|
33 | 33 | | damages caused to more than one person or to the property of more 9 |
---|
34 | 34 | | than one person, [three] five hundred thousand dollars. On and after 10 |
---|
35 | 35 | | January 1, 2026, such personal liability insurance shall be a policy with 11 |
---|
36 | 36 | | a renewal date and a term of coverage commencing on October first |
---|
37 | 37 | | |
---|
38 | 38 | | of 12 |
---|
39 | 39 | | each year and extending through September thirtieth of the following 13 |
---|
40 | 40 | | year. For the purpose of this subsection, "tortious act" means negligent 14 |
---|
41 | 41 | | Raised Bill No. 7139 |
---|
42 | 42 | | |
---|
43 | 43 | | |
---|
44 | 44 | | |
---|
45 | 45 | | LCO No. 5804 2 of 32 |
---|
46 | 46 | | |
---|
47 | 47 | | acts, errors or omissions for which a state marshal may become legally 15 |
---|
48 | 48 | | obligated to any damages for false arrest, erroneous service of civil 16 |
---|
49 | 49 | | papers, false imprisonment, malicious prosecution, libel, slander, 17 |
---|
50 | 50 | | defamation of character, violation of property rights or assault and 18 |
---|
51 | 51 | | battery if committed while making or attempting to make an arrest or 19 |
---|
52 | 52 | | against a person under arrest, but does not include any such act unless 20 |
---|
53 | 53 | | committed in the performance of the official duties of such state 21 |
---|
54 | 54 | | marshal. 22 |
---|
55 | 55 | | Sec. 2. Section 6-35 of the general statutes is repealed and the 23 |
---|
56 | 56 | | following is substituted in lieu thereof (Effective October 1, 2025): 24 |
---|
57 | 57 | | A state marshal shall pay, [over,] to the person authorized to receive 25 |
---|
58 | 58 | | [it] such payment, any money collected by such state marshal on behalf 26 |
---|
59 | 59 | | of or on account of such person not later than thirty calendar days from 27 |
---|
60 | 60 | | the date of collection of the money. [or upon the collection of one 28 |
---|
61 | 61 | | thousand dollars or more on behalf of or on account of such person, 29 |
---|
62 | 62 | | whichever first occurs, except that the state] Notwithstanding the 30 |
---|
63 | 63 | | provisions of this section, when any money collected by a state marshal 31 |
---|
64 | 64 | | on behalf of a person authorized to receive the payment is in the form 32 |
---|
65 | 65 | | of a personal check, the state marshal shall expeditiously deposit such 33 |
---|
66 | 66 | | check into the marshal's noninterest-bearing trustee account and 34 |
---|
67 | 67 | | payment to the person authorized to receive such check shall be not later 35 |
---|
68 | 68 | | than forty-five days after the date on which the personal check was 36 |
---|
69 | 69 | | collected. In addition, a state marshal and such person may agree to a 37 |
---|
70 | 70 | | different time [for paying over] frame for the payment of such money 38 |
---|
71 | 71 | | from the time frames prescribed in this section. A state marshal who 39 |
---|
72 | 72 | | fails to comply with the requirements of this section or any such 40 |
---|
73 | 73 | | agreement, as applicable, shall be liable to such person for the payment 41 |
---|
74 | 74 | | of interest on the money at the rate of five per cent per month from the 42 |
---|
75 | 75 | | date on which such state marshal received the money. 43 |
---|
76 | 76 | | Sec. 3. Section 6-38 of the general statutes is repealed and the 44 |
---|
77 | 77 | | following is substituted in lieu thereof (Effective October 1, 2025): 45 |
---|
78 | 78 | | Raised Bill No. 7139 |
---|
79 | 79 | | |
---|
80 | 80 | | |
---|
81 | 81 | | |
---|
82 | 82 | | LCO No. 5804 3 of 32 |
---|
83 | 83 | | |
---|
84 | 84 | | The number of state marshals to be appointed for Hartford County 46 |
---|
85 | 85 | | shall not exceed [seventy-two] sixty-two; for New Haven County, [sixty-47 |
---|
86 | 86 | | two] fifty-five; for New London County, [thirty-eight] twenty; for 48 |
---|
87 | 87 | | Fairfield County, fifty-five; for Windham County, [eighteen] seven; for 49 |
---|
88 | 88 | | Litchfield County, [thirty] thirteen; for Middlesex County, [twenty-one] 50 |
---|
89 | 89 | | thirteen; for Tolland County, [twenty-two] ten. 51 |
---|
90 | 90 | | Sec. 4. Subsection (a) of section 6-38a of the general statutes is 52 |
---|
91 | 91 | | repealed and the following is substituted in lieu thereof (Effective October 53 |
---|
92 | 92 | | 1, 2025): 54 |
---|
93 | 93 | | (a) For the purposes of the general statutes, "state marshal" means a 55 |
---|
94 | 94 | | qualified deputy sheriff incumbent on June 30, 2000, under section 6-38, 56 |
---|
95 | 95 | | as amended by this act, or appointed pursuant to section 6-38b, as 57 |
---|
96 | 96 | | amended by this act, who [shall have] has authority and whose duty is 58 |
---|
97 | 97 | | to provide legal execution and service of process in the counties in this 59 |
---|
98 | 98 | | state pursuant to section 6-38, as amended by this act, as an 60 |
---|
99 | 99 | | [independent contractor] appointed official who is exclusively 61 |
---|
100 | 100 | | compensated on a fee for service basis, which is determined, subject to 62 |
---|
101 | 101 | | any minimum rate promulgated by the state, by agreement with an 63 |
---|
102 | 102 | | attorney, court or public agency requiring execution or service of 64 |
---|
103 | 103 | | process. 65 |
---|
104 | 104 | | Sec. 5. Section 6-38b of the general statutes is repealed and the 66 |
---|
105 | 105 | | following is substituted in lieu thereof (Effective October 1, 2025): 67 |
---|
106 | 106 | | (a) There is established a State Marshal Commission which shall 68 |
---|
107 | 107 | | consist of eight members appointed as follows: (1) The Chief Justice 69 |
---|
108 | 108 | | shall appoint one member who shall be a judge of the Superior Court; 70 |
---|
109 | 109 | | (2) the speaker of the House of Representatives, the president pro 71 |
---|
110 | 110 | | tempore of the Senate, the majority and minority leaders of the House 72 |
---|
111 | 111 | | of Representatives and the majority and minority leaders of the Senate 73 |
---|
112 | 112 | | shall each appoint one member; and (3) the Governor shall appoint one 74 |
---|
113 | 113 | | member who shall serve as chairperson. Of the seven members 75 |
---|
114 | 114 | | appointed pursuant to subdivisions (2) and (3) of this subsection, no 76 |
---|
115 | 115 | | Raised Bill No. 7139 |
---|
116 | 116 | | |
---|
117 | 117 | | |
---|
118 | 118 | | |
---|
119 | 119 | | LCO No. 5804 4 of 32 |
---|
120 | 120 | | |
---|
121 | 121 | | more than four of such members may be members of any state bar. No 77 |
---|
122 | 122 | | member of the commission shall be a state marshal, except that two state 78 |
---|
123 | 123 | | marshals appointed by the State Marshals Advisory Board in 79 |
---|
124 | 124 | | accordance with section 6-38c, as amended by this act, shall serve as ex-80 |
---|
125 | 125 | | officio, nonvoting members of the commission. 81 |
---|
126 | 126 | | (b) The chairperson shall serve for a three-year term and all 82 |
---|
127 | 127 | | appointments of members to replace those whose terms expire shall be 83 |
---|
128 | 128 | | for terms of three years. 84 |
---|
129 | 129 | | (c) If any vacancy occurs on the commission, the appointing authority 85 |
---|
130 | 130 | | having the power to make the initial appointment under the provisions 86 |
---|
131 | 131 | | of this section shall appoint a person for the unexpired term in 87 |
---|
132 | 132 | | accordance with the provisions of this section. 88 |
---|
133 | 133 | | (d) Members shall serve without compensation but shall be 89 |
---|
134 | 134 | | reimbursed for actual expenses incurred while engaged in the duties of 90 |
---|
135 | 135 | | the commission. 91 |
---|
136 | 136 | | (e) The commission, in consultation with the State Marshals Advisory 92 |
---|
137 | 137 | | Board, shall (1) adopt regulations in accordance with the provisions of 93 |
---|
138 | 138 | | chapter 54 to establish professional standards, including training 94 |
---|
139 | 139 | | requirements, residency requirements and minimum fees for execution 95 |
---|
140 | 140 | | and service of process, and (2) implement policies and procedures to 96 |
---|
141 | 141 | | increase state marshal participation in the serving of capias mittimus 97 |
---|
142 | 142 | | orders. Such policies and procedures may require that at all times a 98 |
---|
143 | 143 | | certain minimum percentage of the overall number of state marshals be 99 |
---|
144 | 144 | | actively engaged in the service of capias mittimus orders. 100 |
---|
145 | 145 | | (f) The commission shall be responsible for the equitable assignment 101 |
---|
146 | 146 | | of service of restraining orders to the state marshals in each county and 102 |
---|
147 | 147 | | ensure that such restraining orders are served expeditiously. Failure of 103 |
---|
148 | 148 | | any state marshal to accept for service any restraining order assigned by 104 |
---|
149 | 149 | | the commission or to serve such restraining order expeditiously without 105 |
---|
150 | 150 | | good cause shall be sufficient for the convening of a hearing for removal 106 |
---|
151 | 151 | | under subsection (i) of this section. 107 |
---|
152 | 152 | | Raised Bill No. 7139 |
---|
153 | 153 | | |
---|
154 | 154 | | |
---|
155 | 155 | | |
---|
156 | 156 | | LCO No. 5804 5 of 32 |
---|
157 | 157 | | |
---|
158 | 158 | | (g) Any vacancy in the position of state marshal in any county as 108 |
---|
159 | 159 | | provided in section 6-38, as amended by this act, shall be filled by the 109 |
---|
160 | 160 | | commission with an applicant (1) who shall be an elector in the county 110 |
---|
161 | 161 | | where such vacancy occurs, and (2) whose permanent place of abode, 111 |
---|
162 | 162 | | domicile and residence is in the county where such vacancy occurs. Any 112 |
---|
163 | 163 | | applicant for such vacancy shall be subject to the application, 113 |
---|
164 | 164 | | examination, bonding and investigation requirements of the 114 |
---|
165 | 165 | | commission. 115 |
---|
166 | 166 | | (h) Except as provided in section 6-38f, no person may be a state 116 |
---|
167 | 167 | | marshal and a state employee at the same time. This subsection does not 117 |
---|
168 | 168 | | apply to any person who was both a state employee and a deputy sheriff 118 |
---|
169 | 169 | | or special deputy sheriff on April 27, 2000. 119 |
---|
170 | 170 | | (i) No state marshal may be removed except by order of the 120 |
---|
171 | 171 | | commission for cause after due notice and hearing. 121 |
---|
172 | 172 | | (j) The commission, in consultation with the Judicial Department, 122 |
---|
173 | 173 | | shall adopt rules as it deems necessary for conduct of its internal affairs, 123 |
---|
174 | 174 | | including, but not limited to, rules that provide for: (1) The provision of 124 |
---|
175 | 175 | | timely, consistent and reliable access to a state marshal for persons 125 |
---|
176 | 176 | | applying for a restraining order or civil protection order under [section 126 |
---|
177 | 177 | | 46b-15] chapter 815a; (2) the provision of services to persons with 127 |
---|
178 | 178 | | limited English proficiency; (3) the provision of services to persons who 128 |
---|
179 | 179 | | are deaf or hard of hearing; [and] (4) service of process that is a 129 |
---|
180 | 180 | | photographic copy, micrographic copy or other electronic image of an 130 |
---|
181 | 181 | | original document that clearly and accurately copies such original 131 |
---|
182 | 182 | | document; and (5) timely payment, as described in section 4a-71, from 132 |
---|
183 | 183 | | the Judicial Department to state marshals. 133 |
---|
184 | 184 | | (k) The commission shall adopt regulations, in accordance with the 134 |
---|
185 | 185 | | provisions of chapter 54, for the application, examination, bonding and 135 |
---|
186 | 186 | | investigation requirements for filling vacancies in the position of state 136 |
---|
187 | 187 | | marshal. 137 |
---|
188 | 188 | | (l) The commission shall issue not less than quarterly administrative 138 |
---|
189 | 189 | | Raised Bill No. 7139 |
---|
190 | 190 | | |
---|
191 | 191 | | |
---|
192 | 192 | | |
---|
193 | 193 | | LCO No. 5804 6 of 32 |
---|
194 | 194 | | |
---|
195 | 195 | | bulletins to state marshals relating to topics concerning service of 139 |
---|
196 | 196 | | process and legal execution. The subject matter of topics contained in 140 |
---|
197 | 197 | | such bulletins shall include, but not be limited to: (1) Changes to state 141 |
---|
198 | 198 | | law affecting the duties of state marshals; (2) topics that refresh state 142 |
---|
199 | 199 | | marshals' knowledge in subject matter areas affecting their duties; (3) 143 |
---|
200 | 200 | | topics concerning the safety of state marshals; (4) topics concerning the 144 |
---|
201 | 201 | | professionalism of state marshals when interacting with the public; and 145 |
---|
202 | 202 | | (5) topics relating to the nature of complaints filed against state marshals 146 |
---|
203 | 203 | | with the State Marshal Commission. 147 |
---|
204 | 204 | | [(k)] (m) The commission shall be within the Department of 148 |
---|
205 | 205 | | Administrative Services, provided the commission shall have 149 |
---|
206 | 206 | | independent decision-making authority. 150 |
---|
207 | 207 | | Sec. 6. Section 6-38c of the general statutes is repealed and the 151 |
---|
208 | 208 | | following is substituted in lieu thereof (Effective October 1, 2025): 152 |
---|
209 | 209 | | (a) There is established a State Marshals Advisory Board which shall 153 |
---|
210 | 210 | | consist of twenty-four state marshals [. Between November 9, 2000, and 154 |
---|
211 | 211 | | November 14, 2000, and annually thereafter,] to advise and make 155 |
---|
212 | 212 | | recommendations to the state marshal commission and to consider 156 |
---|
213 | 213 | | matters referred to it from the commission. Annually, between 157 |
---|
214 | 214 | | November first and November twentieth of each year, the state 158 |
---|
215 | 215 | | marshals in each county shall elect from among the state marshals in 159 |
---|
216 | 216 | | their county the following number of state marshals to serve on the 160 |
---|
217 | 217 | | board: Hartford, New Haven and Fairfield counties, four state marshals; 161 |
---|
218 | 218 | | New London and Litchfield counties, three state marshals; and Tolland, 162 |
---|
219 | 219 | | Middlesex and Windham counties, two state marshals. State marshals 163 |
---|
220 | 220 | | elected to serve on the board shall serve for a term of one year and may 164 |
---|
221 | 221 | | be reelected. 165 |
---|
222 | 222 | | [(b) On or after April 27, 2000, the Chief Court Administrator shall 166 |
---|
223 | 223 | | designate a date and time for the state marshals in each county to come 167 |
---|
224 | 224 | | together for the purpose of electing state marshals from each county to 168 |
---|
225 | 225 | | serve on the State Marshals Advisory Board pursuant to subsection (a) 169 |
---|
226 | 226 | | Raised Bill No. 7139 |
---|
227 | 227 | | |
---|
228 | 228 | | |
---|
229 | 229 | | |
---|
230 | 230 | | LCO No. 5804 7 of 32 |
---|
231 | 231 | | |
---|
232 | 232 | | of this section. A majority of the filled state marshal positions in each 170 |
---|
233 | 233 | | county shall constitute a quorum for that county. The election of state 171 |
---|
234 | 234 | | marshals to serve on the board shall be by majority vote. The names of 172 |
---|
235 | 235 | | the state marshals elected in each county shall be forwarded to the Chief 173 |
---|
236 | 236 | | Court Administrator. The Chief Court Administrator, upon receipt of 174 |
---|
237 | 237 | | the election results from all counties, shall designate a date and time for 175 |
---|
238 | 238 | | the first meeting of the board to take place as soon as practicable after 176 |
---|
239 | 239 | | November 14, 2000.] 177 |
---|
240 | 240 | | (b) The State Marshals Advisory Board shall adopt rules as the board 178 |
---|
241 | 241 | | deems necessary for the conduct of its elections and internal affairs, 179 |
---|
242 | 242 | | which rules shall continue in effect from year to year, as amended from 180 |
---|
243 | 243 | | time to time. Such rules shall include procedures for selection of a 181 |
---|
244 | 244 | | chairperson and other officers, as may be necessary, from the members 182 |
---|
245 | 245 | | of the board elected pursuant to subsection (a) of this section. 183 |
---|
246 | 246 | | (c) Annually, in the month of December, the State Marshals Advisory 184 |
---|
247 | 247 | | Board shall hold a meeting and select two state marshals to be appointed 185 |
---|
248 | 248 | | as ex-officio members of the State Marshal Commission, in accordance 186 |
---|
249 | 249 | | with the provisions of section 6-38b, as amended by this act, for a term 187 |
---|
250 | 250 | | of one year. If any vacancy occurs in such appointments, the State 188 |
---|
251 | 251 | | Marshals Advisory Board shall appoint a state marshal to fill the 189 |
---|
252 | 252 | | remainder of the unexpired term. 190 |
---|
253 | 253 | | Sec. 7. Section 6-38d of the general statutes is repealed and the 191 |
---|
254 | 254 | | following is substituted in lieu thereof (Effective October 1, 2025): 192 |
---|
255 | 255 | | No state marshal shall (1) knowingly bill for, or receive fees for, work 193 |
---|
256 | 256 | | that such state marshal did not actually perform, (2) allow another 194 |
---|
257 | 257 | | person to serve process in the place of such state marshal, or (3) 195 |
---|
258 | 258 | | knowingly make a false or illegal return of process. Any violation of this 196 |
---|
259 | 259 | | section without good cause shall be sufficient for the convening of a 197 |
---|
260 | 260 | | commission hearing concerning removal of the state marshal under 198 |
---|
261 | 261 | | subsection (i) of section 6-38b, as amended by this act. 199 |
---|
262 | 262 | | Sec. 8. Section 6-38e of the general statutes is repealed and the 200 |
---|
263 | 263 | | Raised Bill No. 7139 |
---|
264 | 264 | | |
---|
265 | 265 | | |
---|
266 | 266 | | |
---|
267 | 267 | | LCO No. 5804 8 of 32 |
---|
268 | 268 | | |
---|
269 | 269 | | following is substituted in lieu thereof (Effective October 1, 2025): 201 |
---|
270 | 270 | | (a) The State Marshal Commission shall periodically review and 202 |
---|
271 | 271 | | audit the records and accounts of the state marshals. 203 |
---|
272 | 272 | | (b) The commission shall prioritize an audit when the commission 204 |
---|
273 | 273 | | finds there is probable cause relating to a written complaint against a 205 |
---|
274 | 274 | | state marshal concerning the collection of money under an execution or 206 |
---|
275 | 275 | | warrant. 207 |
---|
276 | 276 | | [Upon] (c) Not later than thirty days after the date of the death or 208 |
---|
277 | 277 | | disability of a state marshal, the commission shall appoint a qualified 209 |
---|
278 | 278 | | individual to oversee and audit the records and accounts of such state 210 |
---|
279 | 279 | | marshal and render an accounting to the commission. 211 |
---|
280 | 280 | | (d) Upon the death, disability or suspension of a state marshal, the 212 |
---|
281 | 281 | | commission may direct any financial institution, as defined in section 213 |
---|
282 | 282 | | 52-367a, with access to, or custody of, financial accounts of a state 214 |
---|
283 | 283 | | marshal utilized for the collection of moneys under chapters 204 and 215 |
---|
284 | 284 | | 906, to turn over such financial accounts to a successor state marshal 216 |
---|
285 | 285 | | appointed by the commission. A letter signed by the commission 217 |
---|
286 | 286 | | chairperson or designee shall constitute an order of the commission 218 |
---|
287 | 287 | | pursuant to this subsection. If any person or financial institution refuses 219 |
---|
288 | 288 | | to comply with such order, the commission shall certify the facts relating 220 |
---|
289 | 289 | | to the noncompliance to the Office of the Attorney General, who shall 221 |
---|
290 | 290 | | apply to the Superior Court for an order compelling compliance. 222 |
---|
291 | 291 | | (e) All information obtained by the commission from any audit 223 |
---|
292 | 292 | | conducted pursuant to this section shall be confidential and shall not be 224 |
---|
293 | 293 | | subject to disclosure under the Freedom of Information Act, as defined 225 |
---|
294 | 294 | | in section 1-200. 226 |
---|
295 | 295 | | Sec. 9. Section 6-39 of the general statutes is repealed and the 227 |
---|
296 | 296 | | following is substituted in lieu thereof (Effective October 1, 2025): 228 |
---|
297 | 297 | | Each state marshal, before entering upon the duties of a state marshal, 229 |
---|
298 | 298 | | Raised Bill No. 7139 |
---|
299 | 299 | | |
---|
300 | 300 | | |
---|
301 | 301 | | |
---|
302 | 302 | | LCO No. 5804 9 of 32 |
---|
303 | 303 | | |
---|
304 | 304 | | shall give to the State Marshal Commission a bond in the sum of [ten] 230 |
---|
305 | 305 | | one hundred thousand dollars conditioned that such state marshal will 231 |
---|
306 | 306 | | faithfully discharge the duties of state marshal and answer all damages 232 |
---|
307 | 307 | | which any person sustains by reason of such state marshal's 233 |
---|
308 | 308 | | unfaithfulness or neglect. The premium for said bonds shall be paid by 234 |
---|
309 | 309 | | the state. No state marshal shall collect tax warrants for the state or any 235 |
---|
310 | 310 | | municipality until such state marshal executes a bond in the sum of one 236 |
---|
311 | 311 | | hundred thousand dollars. 237 |
---|
312 | 312 | | Sec. 10. Subsection (f) of section 14-10 of the general statutes is 238 |
---|
313 | 313 | | repealed and the following is substituted in lieu thereof (Effective October 239 |
---|
314 | 314 | | 1, 2025): 240 |
---|
315 | 315 | | (f) The commissioner may disclose personal information from a 241 |
---|
316 | 316 | | motor vehicle record to: 242 |
---|
317 | 317 | | (1) Any federal, state or local government agency in carrying out its 243 |
---|
318 | 318 | | functions or to any individual or entity acting on behalf of any such 244 |
---|
319 | 319 | | agency, or 245 |
---|
320 | 320 | | (2) Any individual, organization or entity that signs and files with the 246 |
---|
321 | 321 | | commissioner, under penalty of false statement as provided in section 247 |
---|
322 | 322 | | 53a-157b, a statement on a form approved by the commissioner, 248 |
---|
323 | 323 | | together with such supporting documentation or information as the 249 |
---|
324 | 324 | | commissioner may require, that such information will be used for any 250 |
---|
325 | 325 | | of the following purposes: 251 |
---|
326 | 326 | | (A) In connection with matters of motor vehicle or driver safety and 252 |
---|
327 | 327 | | theft, motor vehicle emissions, motor vehicle product alterations, recalls 253 |
---|
328 | 328 | | or advisories, performance monitoring of motor vehicles and dealers by 254 |
---|
329 | 329 | | motor vehicle manufacturers, motor vehicle market research activities 255 |
---|
330 | 330 | | including survey research, motor vehicle product and service 256 |
---|
331 | 331 | | communications and removal of nonowner records from the original 257 |
---|
332 | 332 | | owner records of motor vehicle manufacturers to implement the 258 |
---|
333 | 333 | | provisions of the federal Automobile Information Disclosure Act, 15 259 |
---|
334 | 334 | | USC 1231 et seq., the Clean Air Act, 42 USC 7401 et seq., and 49 USC 260 |
---|
335 | 335 | | Raised Bill No. 7139 |
---|
336 | 336 | | |
---|
337 | 337 | | |
---|
338 | 338 | | |
---|
339 | 339 | | LCO No. 5804 10 of 32 |
---|
340 | 340 | | |
---|
341 | 341 | | Chapters 301, 305 and 321 to 331, inclusive, as amended from time to 261 |
---|
342 | 342 | | time, and any provision of the general statutes enacted to attain 262 |
---|
343 | 343 | | compliance with said federal provisions; 263 |
---|
344 | 344 | | (B) In the normal course of business by the requesting party, but only 264 |
---|
345 | 345 | | to confirm the accuracy of personal information submitted by the 265 |
---|
346 | 346 | | individual to the requesting party; 266 |
---|
347 | 347 | | (C) In connection with any civil, criminal, administrative or arbitral 267 |
---|
348 | 348 | | proceeding in any court or government agency or before any self-268 |
---|
349 | 349 | | regulatory body, including the service of process, an investigation in 269 |
---|
350 | 350 | | anticipation of litigation by an attorney-at-law or any individual acting 270 |
---|
351 | 351 | | on behalf of an attorney-at-law and the execution or enforcement of 271 |
---|
352 | 352 | | judgments and orders, or pursuant to an order of any court provided 272 |
---|
353 | 353 | | the requesting party is a party in interest to such proceeding; 273 |
---|
354 | 354 | | (D) In connection with matters of motor vehicle or driver safety and 274 |
---|
355 | 355 | | theft, motor vehicle emissions, motor vehicle product alterations, recalls 275 |
---|
356 | 356 | | or advisories, performance monitoring of motor vehicles and motor 276 |
---|
357 | 357 | | vehicle parts and dealers, producing statistical reports and removal of 277 |
---|
358 | 358 | | nonowner records from the original owner records of motor vehicle 278 |
---|
359 | 359 | | manufacturers, provided the personal information is not published, 279 |
---|
360 | 360 | | disclosed or used to contact individuals except as permitted under 280 |
---|
361 | 361 | | subparagraph (A) of this subdivision; 281 |
---|
362 | 362 | | (E) By any insurer or insurance support organization or by a self-282 |
---|
363 | 363 | | insured entity or its agents, employees or contractors, in connection 283 |
---|
364 | 364 | | with the investigation of claims arising under insurance policies, 284 |
---|
365 | 365 | | antifraud activities, rating or underwriting; 285 |
---|
366 | 366 | | (F) In providing any notice required by law to owners or lienholders 286 |
---|
367 | 367 | | named in the certificate of title of towed, abandoned or impounded 287 |
---|
368 | 368 | | motor vehicles; 288 |
---|
369 | 369 | | (G) By an employer or its agent or insurer to obtain or verify 289 |
---|
370 | 370 | | information relating to a holder of a passenger endorsement or 290 |
---|
371 | 371 | | Raised Bill No. 7139 |
---|
372 | 372 | | |
---|
373 | 373 | | |
---|
374 | 374 | | |
---|
375 | 375 | | LCO No. 5804 11 of 32 |
---|
376 | 376 | | |
---|
377 | 377 | | commercial driver's license required under 49 USC Chapter 313, and 291 |
---|
378 | 378 | | sections 14-44 to 14-44m, inclusive; 292 |
---|
379 | 379 | | (H) In connection with any lawful purpose of a labor organization, as 293 |
---|
380 | 380 | | defined in section 31-77, provided (i) such organization has entered into 294 |
---|
381 | 381 | | a contract with the commissioner, on such terms and conditions as the 295 |
---|
382 | 382 | | commissioner may require, and (ii) the information will be used only for 296 |
---|
383 | 383 | | the purposes specified in the contract other than campaign or political 297 |
---|
384 | 384 | | purposes; 298 |
---|
385 | 385 | | (I) For bulk distribution for surveys, marketing or solicitations 299 |
---|
386 | 386 | | provided the commissioner has obtained the express consent of the 300 |
---|
387 | 387 | | individual to whom such personal information pertains; 301 |
---|
388 | 388 | | (J) For the purpose of preventing fraud by verifying the accuracy of 302 |
---|
389 | 389 | | personal information contained in a motor vehicle record, including an 303 |
---|
390 | 390 | | individual's photograph or computerized image, as submitted by an 304 |
---|
391 | 391 | | individual to a legitimate business or an agent, employee or contractor 305 |
---|
392 | 392 | | of a legitimate business, provided the individual has provided express 306 |
---|
393 | 393 | | consent in accordance with subdivision (5) of subsection (a) of this 307 |
---|
394 | 394 | | section; 308 |
---|
395 | 395 | | (K) Inclusion of personal information about persons who have 309 |
---|
396 | 396 | | indicated consent to become organ and tissue donors in a donor registry 310 |
---|
397 | 397 | | established by a procurement organization, as defined in section 19a-311 |
---|
398 | 398 | | 289a; 312 |
---|
399 | 399 | | (L) By any private detective or private detective licensed in 313 |
---|
400 | 400 | | accordance with the provisions of chapter 534, in connection with an 314 |
---|
401 | 401 | | investigation involving matters concerning motor vehicles; 315 |
---|
402 | 402 | | (M) By a state marshal, for use in the performance of duties under the 316 |
---|
403 | 403 | | provisions of section 6-38a, as amended by this act. Such information 317 |
---|
404 | 404 | | including, but not limited to, (i) operator photos, and (ii) records 318 |
---|
405 | 405 | | produced by providing an operator's license number, number plate or 319 |
---|
406 | 406 | | vehicle identification number, may be requested [by facsimile 320 |
---|
407 | 407 | | Raised Bill No. 7139 |
---|
408 | 408 | | |
---|
409 | 409 | | |
---|
410 | 410 | | |
---|
411 | 411 | | LCO No. 5804 12 of 32 |
---|
412 | 412 | | |
---|
413 | 413 | | transmission, or by such other means as the commissioner may require, 321 |
---|
414 | 414 | | and shall be provided by facsimile transmission] and provided to a state 322 |
---|
415 | 415 | | marshal electronically, or by such other means, within a reasonable 323 |
---|
416 | 416 | | time. Such records may be transmitted to a state marshal by means of 324 |
---|
417 | 417 | | an existing electronic system used by the Department of Motor Vehicles 325 |
---|
418 | 418 | | for the transmission of records. The Commissioner of Motor Vehicles 326 |
---|
419 | 419 | | may charge a state marshal a reasonable annual fee for access to such 327 |
---|
420 | 420 | | records and the use of such electronic system. 328 |
---|
421 | 421 | | Sec. 11. Section 34-243r of the general statutes is repealed and the 329 |
---|
422 | 422 | | following is substituted in lieu thereof (Effective October 1, 2025): 330 |
---|
423 | 423 | | (a) A limited liability company or registered foreign limited liability 331 |
---|
424 | 424 | | company may be served with any process, notice or demand required 332 |
---|
425 | 425 | | or permitted by law by any proper officer or other person lawfully 333 |
---|
426 | 426 | | empowered to make service leaving a true and attested copy with (1) 334 |
---|
427 | 427 | | such company's registered agent, or in the case of an agent who is a 335 |
---|
428 | 428 | | natural person, at his or her usual place of abode in this state, or (2) a 336 |
---|
429 | 429 | | manager or member or such company, at his or her usual place of abode 337 |
---|
430 | 430 | | in this state. 338 |
---|
431 | 431 | | (b) When the Secretary of the State and the Secretary of the State's 339 |
---|
432 | 432 | | successors in office have been appointed a foreign limited liability 340 |
---|
433 | 433 | | company's agent for service of process, the foreign limited liability 341 |
---|
434 | 434 | | company may be served by any proper officer or other person lawfully 342 |
---|
435 | 435 | | empowered to make service leaving two true and attested copies of such 343 |
---|
436 | 436 | | process together with the required fee at the office of the Secretary of the 344 |
---|
437 | 437 | | State or depositing the same in the United States mail, by registered or 345 |
---|
438 | 438 | | certified mail, postage prepaid, addressed to said office. The Secretary 346 |
---|
439 | 439 | | of the State shall file one copy of such process and keep a record of the 347 |
---|
440 | 440 | | date and hour of such receipt, and, within two business days after such 348 |
---|
441 | 441 | | service, forward by registered or certified mail the other copy of such 349 |
---|
442 | 442 | | process to the foreign limited liability company at the address of the 350 |
---|
443 | 443 | | office designated in the application for registration filed pursuant to 351 |
---|
444 | 444 | | subdivision (4) of section 34-275b. Service so made shall be effective as 352 |
---|
445 | 445 | | Raised Bill No. 7139 |
---|
446 | 446 | | |
---|
447 | 447 | | |
---|
448 | 448 | | |
---|
449 | 449 | | LCO No. 5804 13 of 32 |
---|
450 | 450 | | |
---|
451 | 451 | | of the date and hour received by the Secretary of the State as shown on 353 |
---|
452 | 452 | | the Secretary of the State's records. 354 |
---|
453 | 453 | | (c) If a limited liability company or registered foreign limited liability 355 |
---|
454 | 454 | | company ceases to have a registered agent, or if its registered agent 356 |
---|
455 | 455 | | cannot with reasonable diligence be served by any proper officer or 357 |
---|
456 | 456 | | other person lawfully empowered to make service, the company or 358 |
---|
457 | 457 | | foreign company may be served by registered or certified mail, return 359 |
---|
458 | 458 | | receipt requested, or by similar commercial delivery service, addressed 360 |
---|
459 | 459 | | to the company or foreign company at its principal office or its mailing 361 |
---|
460 | 460 | | address. The address of the principal office or its mailing address shall 362 |
---|
461 | 461 | | be as shown on the company's or foreign company's most recent annual 363 |
---|
462 | 462 | | report filed by the Secretary of the State. Service is effected under this 364 |
---|
463 | 463 | | subsection on the earliest of: (1) The date the company or foreign 365 |
---|
464 | 464 | | company receives the mail or delivery by the commercial delivery 366 |
---|
465 | 465 | | service; (2) the date shown on the return receipt, if signed by the 367 |
---|
466 | 466 | | company or foreign company; or (3) five days after its deposit with the 368 |
---|
467 | 467 | | United States Postal Service, or with the commercial delivery service, if 369 |
---|
468 | 468 | | correctly addressed and with sufficient postage or payment. 370 |
---|
469 | 469 | | (d) If process, notice or demand cannot be served on a limited liability 371 |
---|
470 | 470 | | company or registered foreign limited liability company pursuant to 372 |
---|
471 | 471 | | subsection (a) or (b) of this section, service may be made by any proper 373 |
---|
472 | 472 | | officer or other person lawfully empowered to make service handing a 374 |
---|
473 | 473 | | copy to (1) the manager of such company, or (2) the individual in charge 375 |
---|
474 | 474 | | of any regular place of business or activity of the company or foreign 376 |
---|
475 | 475 | | company if the individual served is not a plaintiff in the action. 377 |
---|
476 | 476 | | (e) Service of process, notice or demand on a registered agent shall be 378 |
---|
477 | 477 | | in a written record. 379 |
---|
478 | 478 | | (f) Service of process, notice or demand may be made by other means 380 |
---|
479 | 479 | | under law other than the provisions of sections 34-243 to 34-283d, 381 |
---|
480 | 480 | | inclusive. 382 |
---|
481 | 481 | | Sec. 12. (NEW) (Effective October 1, 2025) A writ of summons in a civil 383 |
---|
482 | 482 | | Raised Bill No. 7139 |
---|
483 | 483 | | |
---|
484 | 484 | | |
---|
485 | 485 | | |
---|
486 | 486 | | LCO No. 5804 14 of 32 |
---|
487 | 487 | | |
---|
488 | 488 | | action naming a correctional officer or an employee of the Department 384 |
---|
489 | 489 | | of Correction, except a writ that may be served under the provisions of 385 |
---|
490 | 490 | | section 52-64 of the general statutes, may be served upon a person 386 |
---|
491 | 491 | | designated by the Commissioner of Correction at the correctional 387 |
---|
492 | 492 | | facility where the correctional officer or employee is assigned who shall 388 |
---|
493 | 493 | | act as the agent of the correctional officer or employee named in the writ. 389 |
---|
494 | 494 | | Service upon such agent shall be deemed to be service upon the 390 |
---|
495 | 495 | | correctional officer or employee. The provisions of this section shall not 391 |
---|
496 | 496 | | be construed as the exclusive or required means of serving a correctional 392 |
---|
497 | 497 | | officer or employee of the Department of Correction when service 393 |
---|
498 | 498 | | cannot be made under section 52-64 of the general statutes. 394 |
---|
499 | 499 | | Sec. 13. (NEW) (Effective October 1, 2025) (a) As used in this section: 395 |
---|
500 | 500 | | (1) "Attorney-at-law" means an attorney admitted to practice law in 396 |
---|
501 | 501 | | this state, another state, district, territory or insular possession of the 397 |
---|
502 | 502 | | United States, foreign country or admitted to practice law in a United 398 |
---|
503 | 503 | | States federal or tribal court. "Attorney-at-law" includes an individual 399 |
---|
504 | 504 | | duly authorized by the attorney-at-law to transmit documents to a state 400 |
---|
505 | 505 | | marshal in accordance with the provisions of this section. 401 |
---|
506 | 506 | | (2) "Public agency" has the same meaning has provided in section 1-402 |
---|
507 | 507 | | 200 of the general statutes. "Public agency" includes (A) a quasi-public 403 |
---|
508 | 508 | | agency as defined in section 1-120 of the general statutes, and (B) an 404 |
---|
509 | 509 | | executive, legislative or judicial agency, department, board, 405 |
---|
510 | 510 | | commission, authority, institution or instrumentality of another state or 406 |
---|
511 | 511 | | of a county, municipality or other political subdivision of another state. 407 |
---|
512 | 512 | | (3) "Business day" has the same meaning as provided in section 36a-408 |
---|
513 | 513 | | 330 of the general statutes. 409 |
---|
514 | 514 | | (b) On any special occasion, an attorney-at-law or public agency may 410 |
---|
515 | 515 | | direct process, including any writ, summons, complaint, subpoena, 411 |
---|
516 | 516 | | notice, motion or petition, to a state marshal in an electronic format, 412 |
---|
517 | 517 | | which clearly and accurately provides an image of the original process, 413 |
---|
518 | 518 | | including the signature of the authority issuing such process, provided: 414 |
---|
519 | 519 | | Raised Bill No. 7139 |
---|
520 | 520 | | |
---|
521 | 521 | | |
---|
522 | 522 | | |
---|
523 | 523 | | LCO No. 5804 15 of 32 |
---|
524 | 524 | | |
---|
525 | 525 | | (1) Such attorney-at-law or public agency obtains the permission of 415 |
---|
526 | 526 | | the state marshal prior to the electronic transmission of such process for 416 |
---|
527 | 527 | | service. 417 |
---|
528 | 528 | | (2) The attorney-at-law or public agency transmits each process to the 418 |
---|
529 | 529 | | state marshal in one electronic file per process, in a letter-sized 419 |
---|
530 | 530 | | document, in a portable document format, that contains all pages of the 420 |
---|
531 | 531 | | document to be served, collated in the proper order for which the 421 |
---|
532 | 532 | | attorney-at-law or public agency is directing the state marshal to serve, 422 |
---|
533 | 533 | | so that the state marshal may print one electronic file per process, 423 |
---|
534 | 534 | | without the need to collate, assemble or print multiple electronic 424 |
---|
535 | 535 | | documents in a particular matter before making service. 425 |
---|
536 | 536 | | (3) The attorney-at-law or public agency additionally electronically 426 |
---|
537 | 537 | | transmits to the state marshal, a letter, electronic mail or written 427 |
---|
538 | 538 | | instruction for service for each process to be served that succinctly 428 |
---|
539 | 539 | | provides the necessary information required for the state marshal to 429 |
---|
540 | 540 | | make legal service. In matters involving service under chapter 815a of 430 |
---|
541 | 541 | | the general statutes, or any other process where personal service is 431 |
---|
542 | 542 | | requested, information concerning the profile of the person to be served, 432 |
---|
543 | 543 | | when known and available, shall be electronically transmitted to the 433 |
---|
544 | 544 | | state marshal. Information electronically transmitted to the state 434 |
---|
545 | 545 | | marshal, shall include, but not limited to: (A) Known locations of the 435 |
---|
546 | 546 | | person, (B) the telephone numbers of the person, (C) the employer, work 436 |
---|
547 | 547 | | location and working hours of the person, (D) a photo or physical 437 |
---|
548 | 548 | | description of the person, (E) the age or date of birth of the person, (F) 438 |
---|
549 | 549 | | the vehicles of the person including make, model and plate numbers, 439 |
---|
550 | 550 | | and (G) safety concerns about the person when making service. 440 |
---|
551 | 551 | | (4) The attorney-at-law or public agency does not electronically 441 |
---|
552 | 552 | | transmit the same process to more than one state marshal for service. 442 |
---|
553 | 553 | | (5) The attorney-at-law or public agency retains the original process 443 |
---|
554 | 554 | | which has been electronically transmitted to the state marshal, and 444 |
---|
555 | 555 | | when filed with the court, agency, board or tribunal, as the case may be, 445 |
---|
556 | 556 | | Raised Bill No. 7139 |
---|
557 | 557 | | |
---|
558 | 558 | | |
---|
559 | 559 | | |
---|
560 | 560 | | LCO No. 5804 16 of 32 |
---|
561 | 561 | | |
---|
562 | 562 | | where the process is to be returned, the attorney-at-law or public agency 446 |
---|
563 | 563 | | causes the same document that was electronically transmitted to the 447 |
---|
564 | 564 | | state marshal for service, to be filed, without any alteration or 448 |
---|
565 | 565 | | amendment. 449 |
---|
566 | 566 | | (c) For purposes of a state marshal serving a true and attested copy 450 |
---|
567 | 567 | | of any process under any provision of the general statutes, process that 451 |
---|
568 | 568 | | is electronically transmitted to a state marshal for service by an attorney-452 |
---|
569 | 569 | | at-law or public agency under the provisions of this section shall be 453 |
---|
570 | 570 | | deemed to be an original document in the hands of a state marshal for 454 |
---|
571 | 571 | | service. 455 |
---|
572 | 572 | | (d) No state marshal shall be required to accept process in an 456 |
---|
573 | 573 | | electronic format, but a state marshal may voluntarily elect to receive 457 |
---|
574 | 574 | | the electronic transmission of process under the provisions of this 458 |
---|
575 | 575 | | section at the request of an attorney-at-law or public agency only, 459 |
---|
576 | 576 | | subject to the provisions and fees prescribed in this section. 460 |
---|
577 | 577 | | (e) If a state marshal elects to receive the electronic transmission of 461 |
---|
578 | 578 | | process, the state marshal shall maintain and monitor an electronic mail 462 |
---|
579 | 579 | | address used for the purposes of this section. 463 |
---|
580 | 580 | | (f) An attorney-at-law or public agency shall not transmit process to 464 |
---|
581 | 581 | | a state marshal in an electronic format, where the number of pages to be 465 |
---|
582 | 582 | | printed in any one matter for all parties to be served exceeds fifty pages 466 |
---|
583 | 583 | | in total, or the number of processes for separate matters to be 467 |
---|
584 | 584 | | transmitted, within a time period of one week, exceeds five pages, 468 |
---|
585 | 585 | | except that a state marshal and an attorney-at-law or public agency may 469 |
---|
586 | 586 | | agree to a different number of processes or pages to be accepted by 470 |
---|
587 | 587 | | electronic transmission. 471 |
---|
588 | 588 | | (g) The provisions of this section shall not apply for the purposes of 472 |
---|
589 | 589 | | personal delivery to a state marshal, pursuant to section 52-593a of the 473 |
---|
590 | 590 | | general statutes, as amended by this act, before the passage of the time 474 |
---|
591 | 591 | | limited by law within which an action may be brought. No process 475 |
---|
592 | 592 | | relating to a matter in which a statute of limitations is tolling within sixty 476 |
---|
593 | 593 | | Raised Bill No. 7139 |
---|
594 | 594 | | |
---|
595 | 595 | | |
---|
596 | 596 | | |
---|
597 | 597 | | LCO No. 5804 17 of 32 |
---|
598 | 598 | | |
---|
599 | 599 | | days shall be electronically transmitted to a state marshal; such process 477 |
---|
600 | 600 | | shall only be delivered to a state marshal for service as original process, 478 |
---|
601 | 601 | | printed on paper and signed in ink by the issuing authority, along with 479 |
---|
602 | 602 | | sufficient copies for the state marshal to effectuate service. 480 |
---|
603 | 603 | | (h) Receipt of electronic process under this section shall occur by 481 |
---|
604 | 604 | | reply of the state marshal to the attorney-at-law or public agency 482 |
---|
605 | 605 | | transmitting such process. A state marshal electing to receive process in 483 |
---|
606 | 606 | | an electronic format from an attorney-at-law or public agency under the 484 |
---|
607 | 607 | | provisions of this section may, within two business days after receiving 485 |
---|
608 | 608 | | such process, reject any such process for service, if (1) the requirements 486 |
---|
609 | 609 | | of subdivisions (2) and (3) of subsection (b) of this section have not been 487 |
---|
610 | 610 | | met, (2) the process is not signed, or is out of order, (3) the process is not 488 |
---|
611 | 611 | | received in a clear and legible format, or cannot be accessed 489 |
---|
612 | 612 | | electronically, (4) the lawful deadline for service of the process cannot 490 |
---|
613 | 613 | | reasonably be met, or (5) the number of pages or processes to be printed 491 |
---|
614 | 614 | | exceeds the limitations prescribed in subsection (f) of this section. A 492 |
---|
615 | 615 | | state marshal shall provide notification of the rejection of electronic 493 |
---|
616 | 616 | | process for service to the attorney-at-law or state agency by electronic 494 |
---|
617 | 617 | | mail. 495 |
---|
618 | 618 | | (i) (1) A state marshal shall receive for each process, in any one matter 496 |
---|
619 | 619 | | that is electronically transmitted for service under this section, a fee of 497 |
---|
620 | 620 | | fifty dollars, irrespective of the number of persons to be served, as a fee 498 |
---|
621 | 621 | | for the receiving and handling electronic process for service. A state 499 |
---|
622 | 622 | | marshal shall also receive a fee of one dollar for each page printed under 500 |
---|
623 | 623 | | the provisions of this section. Fees assessed pursuant to this section shall 501 |
---|
624 | 624 | | not be a taxable cost of the action. Such fees for electronic receipt and 502 |
---|
625 | 625 | | printing of process shall be listed on the state marshal's return of service 503 |
---|
626 | 626 | | under a separate total. 504 |
---|
627 | 627 | | (2) A state marshal receiving and printing an electronic process shall 505 |
---|
628 | 628 | | charge the fees prescribed by this section and shall not adjust or waive 506 |
---|
629 | 629 | | such fees, nor shall such fees be subject to a minimum rate promulgated 507 |
---|
630 | 630 | | by the state pursuant to section 6-38a of the general statutes, as amended 508 |
---|
631 | 631 | | Raised Bill No. 7139 |
---|
632 | 632 | | |
---|
633 | 633 | | |
---|
634 | 634 | | |
---|
635 | 635 | | LCO No. 5804 18 of 32 |
---|
636 | 636 | | |
---|
637 | 637 | | by this act. Fees under this section shall not apply or be charged in the 509 |
---|
638 | 638 | | case of the transmittal and printing of executions issued under chapter 510 |
---|
639 | 639 | | 832 or 906 of the general statutes, warrants issued under chapter 204 of 511 |
---|
640 | 640 | | the general statutes, ejectments under section 49-22 of the general 512 |
---|
641 | 641 | | statutes, as amended by this act, service of process under a waiver of 513 |
---|
642 | 642 | | fees issued pursuant to section 52-259b of the general statutes, capias 514 |
---|
643 | 643 | | mittimus orders issued under any provisions of the general statutes or 515 |
---|
644 | 644 | | orders of protection and relief under chapter 815a of the general statutes. 516 |
---|
645 | 645 | | Fees under this section shall not be considered a fee for copies of writs 517 |
---|
646 | 646 | | and complaints pursuant to chapter 901 of the general statutes and shall 518 |
---|
647 | 647 | | be in addition to any fee under said chapter payable to the officer 519 |
---|
648 | 648 | | serving process. 520 |
---|
649 | 649 | | (j) A state marshal when printing documents for service, as provided 521 |
---|
650 | 650 | | by this section, shall print such documents on letter-sized paper. When 522 |
---|
651 | 651 | | making service of electronically transmitted documents printed for 523 |
---|
652 | 652 | | service under this section, the state marshal shall not be required to send 524 |
---|
653 | 653 | | printed documents or a printed return of service back to the attorney-525 |
---|
654 | 654 | | at-law or public agency which electronically transmitted such process, 526 |
---|
655 | 655 | | but the state marshal shall electronically transmit the marshal's return 527 |
---|
656 | 656 | | of service to such attorney-at-law or public agency. 528 |
---|
657 | 657 | | (k) No state marshal shall, in the performance of receiving 529 |
---|
658 | 658 | | electronically transmitted process, be liable for damage, errors or 530 |
---|
659 | 659 | | omissions related to the electronic transmission, receipt, printing or 531 |
---|
660 | 660 | | filing of electronically transmitted process, including, but not limited to: 532 |
---|
661 | 661 | | (1) Missing pages in the transmission, (2) the failure to receive the 533 |
---|
662 | 662 | | electronic transmission due to electronic or technical malfunctions, or 534 |
---|
663 | 663 | | such other similar errors, or (3) erroneous service of process on account 535 |
---|
664 | 664 | | of the failure of an attorney-at-law or public agency to comply with the 536 |
---|
665 | 665 | | provisions of this section in the transmission and filing of such process. 537 |
---|
666 | 666 | | Sec. 14. Subdivision (1) of subsection (h) of section 46b-15 of the 538 |
---|
667 | 667 | | general statutes is repealed and the following is substituted in lieu 539 |
---|
668 | 668 | | thereof (Effective October 1, 2025): 540 |
---|
669 | 669 | | Raised Bill No. 7139 |
---|
670 | 670 | | |
---|
671 | 671 | | |
---|
672 | 672 | | |
---|
673 | 673 | | LCO No. 5804 19 of 32 |
---|
674 | 674 | | |
---|
675 | 675 | | (h) (1) The applicant shall cause notice of the hearing pursuant to 541 |
---|
676 | 676 | | subsection (b) of this section and a copy of the application and the 542 |
---|
677 | 677 | | applicant's affidavit and of any ex parte order issued pursuant to 543 |
---|
678 | 678 | | subsection (b) of this section to be served on the respondent not less than 544 |
---|
679 | 679 | | three days before the hearing. A proper officer responsible for executing 545 |
---|
680 | 680 | | such service shall accept all documents in an electronic format, if 546 |
---|
681 | 681 | | presented to such officer in such format, subject to the provisions 547 |
---|
682 | 682 | | applicable to an attorney-at-law or public agency transmitting process 548 |
---|
683 | 683 | | pursuant to section 13 of this act. The cost of such service, including 549 |
---|
684 | 684 | | mileage pursuant to section 52-261, as amended by this act, shall be paid 550 |
---|
685 | 685 | | for by the Judicial Branch, except fees for electronic transmission and 551 |
---|
686 | 686 | | printing pursuant to section 13 of this act. No officer or person shall be 552 |
---|
687 | 687 | | entitled to a fee for service pursuant to this section if timely return of 553 |
---|
688 | 688 | | service is not received by the court, absent a court order authorizing 554 |
---|
689 | 689 | | such fee. For the purposes of this subsection, timely return includes, but 555 |
---|
690 | 690 | | is not limited to, transmitting by facsimile or other means, a copy of the 556 |
---|
691 | 691 | | return of service to the court prior to the hearing followed by the 557 |
---|
692 | 692 | | delivery of the original return to the court within a reasonable time after 558 |
---|
693 | 693 | | the hearing. 559 |
---|
694 | 694 | | Sec. 15. Section 52-593a of the general statutes is repealed and the 560 |
---|
695 | 695 | | following is substituted in lieu thereof (Effective October 1, 2025): 561 |
---|
696 | 696 | | (a) Except in the case of an appeal from an administrative agency 562 |
---|
697 | 697 | | governed by section 4-183, as amended by this act, a cause or right of 563 |
---|
698 | 698 | | action shall not be lost because of the passage of the time limited by law 564 |
---|
699 | 699 | | within which the action may be brought, if the process to be served is 565 |
---|
700 | 700 | | personally delivered to a state marshal, constable or other proper officer 566 |
---|
701 | 701 | | within such time and the process is served, as provided by law, within 567 |
---|
702 | 702 | | thirty days of the delivery. As used in this subsection, "process to be 568 |
---|
703 | 703 | | served" means the original process printed on paper and signed in ink 569 |
---|
704 | 704 | | by the issuing authority, along with sufficient copies for service. 570 |
---|
705 | 705 | | (b) In any such case, the officer making service shall endorse under 571 |
---|
706 | 706 | | oath on such officer's return the date of delivery of the process to such 572 |
---|
707 | 707 | | Raised Bill No. 7139 |
---|
708 | 708 | | |
---|
709 | 709 | | |
---|
710 | 710 | | |
---|
711 | 711 | | LCO No. 5804 20 of 32 |
---|
712 | 712 | | |
---|
713 | 713 | | officer for service in accordance with this section. 573 |
---|
714 | 714 | | Sec. 16. Subsection (c) of section 4-183 of the general statutes is 574 |
---|
715 | 715 | | repealed and the following is substituted in lieu thereof (Effective October 575 |
---|
716 | 716 | | 1, 2025): 576 |
---|
717 | 717 | | (c) (1) Within forty-five days after mailing of the final decision under 577 |
---|
718 | 718 | | section 4-180 or, if there is no mailing, within forty-five days after 578 |
---|
719 | 719 | | personal delivery of the final decision under said section, or (2) within 579 |
---|
720 | 720 | | forty-five days after the agency denies a petition for reconsideration of 580 |
---|
721 | 721 | | the final decision pursuant to subdivision (1) of subsection (a) of section 581 |
---|
722 | 722 | | 4-181a, or (3) within forty-five days after mailing of the final decision 582 |
---|
723 | 723 | | made after reconsideration pursuant to subdivisions (3) and (4) of 583 |
---|
724 | 724 | | subsection (a) of section 4-181a or, if there is no mailing, within forty-584 |
---|
725 | 725 | | five days after personal delivery of the final decision made after 585 |
---|
726 | 726 | | reconsideration pursuant to said subdivisions, or (4) within forty-five 586 |
---|
727 | 727 | | days after the expiration of the ninety-day period required under 587 |
---|
728 | 728 | | subdivision (3) of subsection (a) of section 4-181a if the agency decides 588 |
---|
729 | 729 | | to reconsider the final decision and fails to render a decision made after 589 |
---|
730 | 730 | | reconsideration within such period, whichever is applicable and is later, 590 |
---|
731 | 731 | | a person appealing as provided in this section shall serve a copy of the 591 |
---|
732 | 732 | | appeal on the agency that rendered the final decision at its office or at 592 |
---|
733 | 733 | | the office of the Attorney General in Hartford and file the appeal with 593 |
---|
734 | 734 | | the clerk of the superior court for the judicial district of New Britain or 594 |
---|
735 | 735 | | for the judicial district wherein the person appealing resides or, if that 595 |
---|
736 | 736 | | person is not a resident of this state, with the clerk of the court for the 596 |
---|
737 | 737 | | judicial district of New Britain. Within that time, the person appealing 597 |
---|
738 | 738 | | shall also serve a copy of the appeal on each party listed in the final 598 |
---|
739 | 739 | | decision at the address shown in the decision, provided failure to make 599 |
---|
740 | 740 | | such service within forty-five days on parties other than the agency that 600 |
---|
741 | 741 | | rendered the final decision shall not deprive the court of jurisdiction 601 |
---|
742 | 742 | | over the appeal. Service of the appeal shall be made by [United States 602 |
---|
743 | 743 | | mail, certified or registered, postage prepaid, return receipt requested, 603 |
---|
744 | 744 | | without the use of] a state marshal [or other officer, or by personal 604 |
---|
745 | 745 | | service by a proper officer or indifferent person] making service in the 605 |
---|
746 | 746 | | Raised Bill No. 7139 |
---|
747 | 747 | | |
---|
748 | 748 | | |
---|
749 | 749 | | |
---|
750 | 750 | | LCO No. 5804 21 of 32 |
---|
751 | 751 | | |
---|
752 | 752 | | same manner as complaints are served in ordinary civil actions. [If 606 |
---|
753 | 753 | | service of the appeal is made by mail, service shall be effective upon 607 |
---|
754 | 754 | | deposit of the appeal in the mail.] 608 |
---|
755 | 755 | | Sec. 17. Subsection (b) of section 52-57 of the general statutes is 609 |
---|
756 | 756 | | repealed and the following is substituted in lieu thereof (Effective October 610 |
---|
757 | 757 | | 1, 2025): 611 |
---|
758 | 758 | | (b) Process in civil actions against the following-described classes of 612 |
---|
759 | 759 | | defendants shall be served as follows: (1) Against a town, upon its clerk, 613 |
---|
760 | 760 | | assistant clerk, deputy clerk, manager or one of its selectmen; (2) against 614 |
---|
761 | 761 | | a city, upon its clerk, [or] assistant clerk or deputy clerk or upon its 615 |
---|
762 | 762 | | mayor or manager; (3) against a borough, upon its manager, clerk, [or] 616 |
---|
763 | 763 | | assistant clerk or deputy clerk or upon the warden or one of its 617 |
---|
764 | 764 | | burgesses; (4) against a school district, upon its clerk, assistant clerk, 618 |
---|
765 | 765 | | deputy clerk, superintendent or assistant superintendent or one of its 619 |
---|
766 | 766 | | committee; (5) against a board, commission, department or agency of a 620 |
---|
767 | 767 | | town, city or borough, notwithstanding any provision of law, upon the 621 |
---|
768 | 768 | | clerk, assistant clerk, deputy clerk of the town, city or borough, 622 |
---|
769 | 769 | | provided two copies of such process shall be served upon the clerk and 623 |
---|
770 | 770 | | the clerk shall retain one copy and forward the second copy to the board, 624 |
---|
771 | 771 | | commission, department or agency; (6) against any other municipal or 625 |
---|
772 | 772 | | quasi-municipal corporation, upon its clerk, assistant clerk, deputy clerk 626 |
---|
773 | 773 | | or upon its chief presiding officer or managing agent; and (7) against an 627 |
---|
774 | 774 | | employee of a town, city or borough in a cause of action arising from the 628 |
---|
775 | 775 | | employee's duties or employment, upon the clerk, assistant clerk, 629 |
---|
776 | 776 | | deputy clerk of the town, city or borough, provided two copies of such 630 |
---|
777 | 777 | | process shall be served upon the clerk and the clerk shall retain one copy 631 |
---|
778 | 778 | | and forward the second copy to the employee. 632 |
---|
779 | 779 | | Sec. 18. Subsection (c) of section 47a-23 of the general statutes is 633 |
---|
780 | 780 | | repealed and the following is substituted in lieu thereof (Effective October 634 |
---|
781 | 781 | | 1, 2025): 635 |
---|
782 | 782 | | (c) A copy of such notice shall be delivered by a proper officer to each 636 |
---|
783 | 783 | | Raised Bill No. 7139 |
---|
784 | 784 | | |
---|
785 | 785 | | |
---|
786 | 786 | | |
---|
787 | 787 | | LCO No. 5804 22 of 32 |
---|
788 | 788 | | |
---|
789 | 789 | | lessee or occupant or left at such lessee's or occupant's place of residence 637 |
---|
790 | 790 | | or, if the rental agreement or lease concerns commercial property, at (1) 638 |
---|
791 | 791 | | the place of the commercial establishment, [by a proper officer or 639 |
---|
792 | 792 | | indifferent person] or (2) by making service on the parties in the same 640 |
---|
793 | 793 | | manner as complaints are served in ordinary civil actions using the rules 641 |
---|
794 | 794 | | of civil process under any provision of the general statutes. Delivery of 642 |
---|
795 | 795 | | such notice may be made on any day of the week. 643 |
---|
796 | 796 | | Sec. 19. Subsection (b) of section 47a-42 of the general statutes is 644 |
---|
797 | 797 | | repealed and the following is substituted in lieu thereof (Effective October 645 |
---|
798 | 798 | | 1, 2025): 646 |
---|
799 | 799 | | (b) Before any such removal, the state marshal charged with 647 |
---|
800 | 800 | | executing upon any such judgment of eviction shall give the chief 648 |
---|
801 | 801 | | executive officer of the town [twenty-four hours] notice of the eviction, 649 |
---|
802 | 802 | | stating the date, time and location of such eviction as well as a general 650 |
---|
803 | 803 | | description, if known, of the types and amount of property to be 651 |
---|
804 | 804 | | removed from the premises and delivered to the designated place of 652 |
---|
805 | 805 | | storage. [Before] After giving such notice to the chief executive officer of 653 |
---|
806 | 806 | | the town, the state marshal shall use reasonable efforts to locate and 654 |
---|
807 | 807 | | notify the defendant [of] not less than twenty-four hours before the date 655 |
---|
808 | 808 | | and time such eviction is to take place and of the possibility of a sale 656 |
---|
809 | 809 | | pursuant to subsection (c) of this section. Such notice shall include 657 |
---|
810 | 810 | | service upon each defendant and upon any other person in occupancy, 658 |
---|
811 | 811 | | either personally or at the premises, of a true copy of the summary 659 |
---|
812 | 812 | | process execution. Such execution shall be on a form prescribed by the 660 |
---|
813 | 813 | | Judicial Department, shall be in clear and simple language and in 661 |
---|
814 | 814 | | readable format, and shall contain, in addition to other notices given to 662 |
---|
815 | 815 | | the defendant in the execution, a conspicuous notice, in large boldface 663 |
---|
816 | 816 | | type, that (1) a person who claims to have a right to continue to occupy 664 |
---|
817 | 817 | | the premises should immediately contact an attorney, [and] (2) provides 665 |
---|
818 | 818 | | clear instructions as to how and where the defendant may reclaim any 666 |
---|
819 | 819 | | possessions and personal effects removed and stored pursuant to this 667 |
---|
820 | 820 | | section, including a telephone number that may be called to arrange 668 |
---|
821 | 821 | | release of such possessions and personal effects, and (3) any person who 669 |
---|
822 | 822 | | Raised Bill No. 7139 |
---|
823 | 823 | | |
---|
824 | 824 | | |
---|
825 | 825 | | |
---|
826 | 826 | | LCO No. 5804 23 of 32 |
---|
827 | 827 | | |
---|
828 | 828 | | remains at the property after the time of the eviction as listed on the 670 |
---|
829 | 829 | | execution may be subject to arrest for criminal trespass in the first 671 |
---|
830 | 830 | | degree, in violation of section 53a-107. 672 |
---|
831 | 831 | | Sec. 20. Subsection (b) of section 49-22 of the general statutes is 673 |
---|
832 | 832 | | repealed and the following is substituted in lieu thereof (Effective October 674 |
---|
833 | 833 | | 1, 2025): 675 |
---|
834 | 834 | | (b) Before any such removal, the state marshal charged with 676 |
---|
835 | 835 | | executing upon the ejectment shall give the chief executive officer of the 677 |
---|
836 | 836 | | town [twenty-four hours'] notice of the ejectment, stating the date, time 678 |
---|
837 | 837 | | and location of such ejectment as well as a general description, if known, 679 |
---|
838 | 838 | | of the types and amount of property to be removed from the land and 680 |
---|
839 | 839 | | delivered to the designated place of storage. At least five business days 681 |
---|
840 | 840 | | before [giving such notice to the chief executive officer of the town] the 682 |
---|
841 | 841 | | ejectment, the state marshal shall use reasonable efforts to locate and 683 |
---|
842 | 842 | | notify the person or persons in possession of the date and time such 684 |
---|
843 | 843 | | ejectment is to take place and of the possibility of a sale pursuant to 685 |
---|
844 | 844 | | subsection (c) of this section and shall provide on a form prescribed by 686 |
---|
845 | 845 | | the Judicial Department, in clear and simple language and in readable 687 |
---|
846 | 846 | | format, containing, in addition to other notices on the ejectment order, 688 |
---|
847 | 847 | | a conspicuous notice, in large boldface type, that (1) provides clear 689 |
---|
848 | 848 | | instructions as to how and where such person or persons may reclaim 690 |
---|
849 | 849 | | any possessions and personal effects removed and stored pursuant to 691 |
---|
850 | 850 | | this section, including a telephone number that such person or persons 692 |
---|
851 | 851 | | may call to arrange release of such possessions and personal effects, and 693 |
---|
852 | 852 | | (2) any person bound by the ejectment order who remains at the 694 |
---|
853 | 853 | | property after the time of the removal as listed on the ejectment order 695 |
---|
854 | 854 | | may be subject to arrest for criminal trespass in the first degree, in 696 |
---|
855 | 855 | | violation of section 53a-107. 697 |
---|
856 | 856 | | Sec. 21. Subsection (a) of section 52-261 of the general statutes is 698 |
---|
857 | 857 | | repealed and the following is substituted in lieu thereof (Effective October 699 |
---|
858 | 858 | | 1, 2025): 700 |
---|
859 | 859 | | Raised Bill No. 7139 |
---|
860 | 860 | | |
---|
861 | 861 | | |
---|
862 | 862 | | |
---|
863 | 863 | | LCO No. 5804 24 of 32 |
---|
864 | 864 | | |
---|
865 | 865 | | (a) Except as provided in subsection (b) of this section and section 52-701 |
---|
866 | 866 | | 261a, as amended by this act, each officer or person who serves process, 702 |
---|
867 | 867 | | summons or attachments on behalf of: (1) An official of the state or any 703 |
---|
868 | 868 | | of its agencies, boards or commissions, or any municipal official acting 704 |
---|
869 | 869 | | in his or her official capacity, shall receive a fee of not more than fifty 705 |
---|
870 | 870 | | dollars for each process served and an additional fee of fifty dollars for 706 |
---|
871 | 871 | | the second and each subsequent service of such process, except that such 707 |
---|
872 | 872 | | officer or person shall receive an additional fee of twenty dollars for each 708 |
---|
873 | 873 | | subsequent service of such process at the same address or for 709 |
---|
874 | 874 | | notification of the office of the Attorney General in dissolution and 710 |
---|
875 | 875 | | postjudgment proceedings if a party or child is receiving public 711 |
---|
876 | 876 | | assistance; and (2) any person, except a person described in subdivision 712 |
---|
877 | 877 | | (1) of this subsection, shall receive a fee of not more than fifty dollars for 713 |
---|
878 | 878 | | each process served and an additional fee of fifty dollars for the second 714 |
---|
879 | 879 | | and each subsequent service of such process, except that such officer or 715 |
---|
880 | 880 | | person shall receive an additional fee of twenty dollars for each 716 |
---|
881 | 881 | | subsequent service of such process at the same address or for 717 |
---|
882 | 882 | | notification of the office of the Attorney General in dissolution and 718 |
---|
883 | 883 | | postjudgment proceedings if a party or child is receiving public 719 |
---|
884 | 884 | | assistance. Each such officer or person shall also receive the fee set by 720 |
---|
885 | 885 | | the Department of Administrative Services for state employees for each 721 |
---|
886 | 886 | | mile of travel, subject to adjustment within thirty days of any revision 722 |
---|
887 | 887 | | to the federal General Services Administration mileage reimbursement 723 |
---|
888 | 888 | | rate, to be computed from the place where such officer or person 724 |
---|
889 | 889 | | received the process to the place of service, and thence in the case of civil 725 |
---|
890 | 890 | | process to the place of return. If more than one process is served on one 726 |
---|
891 | 891 | | person at one time by any such officer or person, the total cost of travel 727 |
---|
892 | 892 | | for the service shall be the same as for the service of one process only, 728 |
---|
893 | 893 | | except, if an officer or person is requested by the court or required by 729 |
---|
894 | 894 | | law to effectuate in-hand personal service, or for service pursuant to 730 |
---|
895 | 895 | | subsection (h) of section 46b-15, as amended by this act, such officer or 731 |
---|
896 | 896 | | person shall receive the fee set by the Department of Administrative 732 |
---|
897 | 897 | | Services for state employees for each mile of travel, subject to 733 |
---|
898 | 898 | | adjustment within thirty days of any revision to the federal General 734 |
---|
899 | 899 | | Raised Bill No. 7139 |
---|
900 | 900 | | |
---|
901 | 901 | | |
---|
902 | 902 | | |
---|
903 | 903 | | LCO No. 5804 25 of 32 |
---|
904 | 904 | | |
---|
905 | 905 | | Services Administration mileage reimbursement rate, of each round trip 735 |
---|
906 | 906 | | traveled while attempting to effectuate in-hand personal service, to be 736 |
---|
907 | 907 | | computed from the place where the process was received to the place of 737 |
---|
908 | 908 | | attempted service, and if multiple trips to effectuate service are made, 738 |
---|
909 | 909 | | back to the place where process was received and then to the place of 739 |
---|
910 | 910 | | the subsequent attempt at service, and thence in the case of civil process 740 |
---|
911 | 911 | | to the place of return provided the officer or person shall state in the 741 |
---|
912 | 912 | | return of service that in-hand personal service was requested or 742 |
---|
913 | 913 | | required, or that in-hand service was made pursuant to subsection (h) 743 |
---|
914 | 914 | | of section 46b-15, as amended by this act, and that multiple trips were 744 |
---|
915 | 915 | | necessary to effectuate in-hand personal service. The officer or person 745 |
---|
916 | 916 | | requesting the receipt of such round trip travel shall make out a bill 746 |
---|
917 | 917 | | reciting the dates, times and results of each trip the officer or person 747 |
---|
918 | 918 | | traveled while attempting to effectuate in-hand personal service. The 748 |
---|
919 | 919 | | officer or person requesting the receipt of such fees for attempted round 749 |
---|
920 | 920 | | trip travel may only receive such fees from the Judicial Department 750 |
---|
921 | 921 | | when ordered by the court or by law to effectuate in-hand personal 751 |
---|
922 | 922 | | service and only when such in-hand personal service is effectuated, 752 |
---|
923 | 923 | | when in-hand personal service of process is made pursuant to 753 |
---|
924 | 924 | | subsection (h) of section 46b-15, as amended by this act, or subsection 754 |
---|
925 | 925 | | (d) of section 46b-16a. Such payment from the Judicial Department of 755 |
---|
926 | 926 | | attempted round trip travel for in-hand service of process may be 756 |
---|
927 | 927 | | limited to three round trips, provided nothing in this section shall limit 757 |
---|
928 | 928 | | payment of a greater amount from the Judicial Department to an officer 758 |
---|
929 | 929 | | or person serving process. For service made pursuant to subsection (h) 759 |
---|
930 | 930 | | of section 46b-15, as amended by this act, and subsection (d) of section 760 |
---|
931 | 931 | | 46b-16a, which was not effectuated in-hand, regardless of any attempts 761 |
---|
932 | 932 | | to effectuate service in-hand, the mileage fee shall be from the place 762 |
---|
933 | 933 | | where the process was received to the place of service, and thence in the 763 |
---|
934 | 934 | | case of civil process to the place of return. Where the court allows an 764 |
---|
935 | 935 | | applicant additional time to make service under subsection (c) of section 765 |
---|
936 | 936 | | 46b-15 or subsection (e) of section 46b-16a, for purposes of calculating 766 |
---|
937 | 937 | | the mileage fee for multiple trips, such extra time will be considered a 767 |
---|
938 | 938 | | continuation of the original attempts at service. Each officer or person 768 |
---|
939 | 939 | | Raised Bill No. 7139 |
---|
940 | 940 | | |
---|
941 | 941 | | |
---|
942 | 942 | | |
---|
943 | 943 | | LCO No. 5804 26 of 32 |
---|
944 | 944 | | |
---|
945 | 945 | | who serves process shall also receive the moneys actually paid for town 769 |
---|
946 | 946 | | clerk's fees on the service of process. Each officer or person who serves 770 |
---|
947 | 947 | | process shall also receive the moneys actually paid for fees for the 771 |
---|
948 | 948 | | disclosure or search of records of the Department of Motor Vehicles in 772 |
---|
949 | 949 | | connection with the service of process. Any officer or person required 773 |
---|
950 | 950 | | to summon jurors by personal service of a warrant to attend court shall 774 |
---|
951 | 951 | | receive for the first ten miles of travel while so engaged, such mileage to 775 |
---|
952 | 952 | | be computed from the place where such officer or person receives the 776 |
---|
953 | 953 | | process to the place of service, twenty-five cents for each mile, and for 777 |
---|
954 | 954 | | each additional mile, ten cents. For summoning any juror to attend court 778 |
---|
955 | 955 | | otherwise than by personal service of the warrant, such officer or person 779 |
---|
956 | 956 | | shall receive only the sum of fifty cents and actual disbursements 780 |
---|
957 | 957 | | necessarily expended by such officer or person in making service 781 |
---|
958 | 958 | | thereof as directed. Notwithstanding the provisions of this section, for 782 |
---|
959 | 959 | | summoning grand jurors, such officer or person shall receive only such 783 |
---|
960 | 960 | | officer's or person's actual expenses and such reasonable sum for 784 |
---|
961 | 961 | | services as are taxed by the court. The following fees shall be allowed 785 |
---|
962 | 962 | | and paid: (A) For taking bail or bail bond, one dollar; (B) for copies of 786 |
---|
963 | 963 | | writs and complaints, exclusive of endorsements, one dollar per page, 787 |
---|
964 | 964 | | not to exceed a total amount of nine hundred dollars in any particular 788 |
---|
965 | 965 | | matter; (C) for endorsements, fifty cents per page or fraction thereof; (D) 789 |
---|
966 | 966 | | for service of a warrant for the seizure of intoxicating liquors, or for 790 |
---|
967 | 967 | | posting and leaving notices after the seizure, or for the destruction or 791 |
---|
968 | 968 | | delivery of any such liquors under order of court, twenty dollars; (E) for 792 |
---|
969 | 969 | | the removal and custody of such liquors so seized, reasonable expenses, 793 |
---|
970 | 970 | | and twenty dollars; (F) for the levy of an execution, when the money is 794 |
---|
971 | 971 | | actually collected and paid over, or the debt or a portion of the debt is 795 |
---|
972 | 972 | | secured by the officer, fifteen per cent on the amount of the execution, 796 |
---|
973 | 973 | | provided the minimum fee for such execution shall be fifty dollars; (G) 797 |
---|
974 | 974 | | on the levy of an execution on real property and on application for sale 798 |
---|
975 | 975 | | of personal property attached, to each appraiser, for each half day of 799 |
---|
976 | 976 | | actual service, reasonable and customary expenses; (H) for causing an 800 |
---|
977 | 977 | | execution levied on real property to be recorded, fees for travel, twenty 801 |
---|
978 | 978 | | dollars and costs; (I) for services on an application for the sale of 802 |
---|
979 | 979 | | Raised Bill No. 7139 |
---|
980 | 980 | | |
---|
981 | 981 | | |
---|
982 | 982 | | |
---|
983 | 983 | | LCO No. 5804 27 of 32 |
---|
984 | 984 | | |
---|
985 | 985 | | personal property attached, or in selling mortgaged property foreclosed 803 |
---|
986 | 986 | | under a decree of court, the same fees as for similar services on 804 |
---|
987 | 987 | | executions; (J) for committing any person to a community correctional 805 |
---|
988 | 988 | | center, in civil actions, the fee set by the Department of Administrative 806 |
---|
989 | 989 | | Services for state employees for each mile of travel, from the place of the 807 |
---|
990 | 990 | | court to the community correctional center; (K) for summoning and 808 |
---|
991 | 991 | | attending a jury for reassessing damages or benefits on a highway, three 809 |
---|
992 | 992 | | dollars a day; (L) for any recording for which the recording fee is not 810 |
---|
993 | 993 | | otherwise prescribed by law, fifty dollars, costs and the fee set by the 811 |
---|
994 | 994 | | Department of Administrative Services for state employees for each 812 |
---|
995 | 995 | | mile of travel; and (M) for postage or international mailing costs 813 |
---|
996 | 996 | | incurred pursuant to a court order, actual expenses. The court shall tax 814 |
---|
997 | 997 | | as costs a reasonable amount for the care of property held by any officer 815 |
---|
998 | 998 | | under attachment or execution. The officer serving any attachment or 816 |
---|
999 | 999 | | execution may claim compensation for time and expenses of any person, 817 |
---|
1000 | 1000 | | in keeping, securing or removing property taken thereon, provided such 818 |
---|
1001 | 1001 | | officer shall make out a bill. The bill shall specify the labor done, and by 819 |
---|
1002 | 1002 | | whom, the time spent, the travel, the money paid, if any, and to whom 820 |
---|
1003 | 1003 | | and for what. The compensation for the services shall be reasonable and 821 |
---|
1004 | 1004 | | customary and the amount of expenses and shall be taxed by the court 822 |
---|
1005 | 1005 | | with the costs. 823 |
---|
1006 | 1006 | | Sec. 22. Subsection (a) of section 52-261a of the general statutes is 824 |
---|
1007 | 1007 | | repealed and the following is substituted in lieu thereof (Effective October 825 |
---|
1008 | 1008 | | 1, 2025): 826 |
---|
1009 | 1009 | | (a) Any process served by any officer or person for the Judicial 827 |
---|
1010 | 1010 | | Department or Division of Criminal Justice shall be served in 828 |
---|
1011 | 1011 | | accordance with the following schedule of fees: 829 |
---|
1012 | 1012 | | (1) Except as provided in subdivision (3) of this subsection, each 830 |
---|
1013 | 1013 | | officer or person who serves process shall receive a fee of not more than 831 |
---|
1014 | 1014 | | fifty dollars for the service of such process on a person and an additional 832 |
---|
1015 | 1015 | | fee of fifty dollars for the service of such process on each additional 833 |
---|
1016 | 1016 | | person, except that such officer or person shall receive an additional fee 834 |
---|
1017 | 1017 | | Raised Bill No. 7139 |
---|
1018 | 1018 | | |
---|
1019 | 1019 | | |
---|
1020 | 1020 | | |
---|
1021 | 1021 | | LCO No. 5804 28 of 32 |
---|
1022 | 1022 | | |
---|
1023 | 1023 | | of twenty dollars for each subsequent service of such process at the same 835 |
---|
1024 | 1024 | | address. 836 |
---|
1025 | 1025 | | (2) Except as provided in subdivision (3) of this subsection, in 837 |
---|
1026 | 1026 | | addition to the fee set forth in subdivision (1) of this subsection, each 838 |
---|
1027 | 1027 | | officer or person who serves process shall receive, for each mile of travel, 839 |
---|
1028 | 1028 | | the same amount per mile as provided for state employees pursuant to 840 |
---|
1029 | 1029 | | section 5-141c, subject to adjustment within thirty days of any revision 841 |
---|
1030 | 1030 | | to the federal General Services Administration mileage reimbursement 842 |
---|
1031 | 1031 | | rate, to be computed from the place where such officer or person 843 |
---|
1032 | 1032 | | received the process to the place of service, and thence in the case of civil 844 |
---|
1033 | 1033 | | process to the place of return, provided, if more than one process is 845 |
---|
1034 | 1034 | | served on one person at one time by any such officer or person, the total 846 |
---|
1035 | 1035 | | cost of travel for such service shall be the same as for the service of one 847 |
---|
1036 | 1036 | | process only, except that in the case in which an officer or person is 848 |
---|
1037 | 1037 | | requested or required to effectuate in-hand personal service, such officer 849 |
---|
1038 | 1038 | | shall also receive the fee set by the Department of Administrative 850 |
---|
1039 | 1039 | | Services for state employees for each mile of travel, subject to 851 |
---|
1040 | 1040 | | adjustment within thirty days of any revision to the federal General 852 |
---|
1041 | 1041 | | Services Administration mileage reimbursement rate, for each round 853 |
---|
1042 | 1042 | | trip traveled while attempting to effectuate in-hand personal service, to 854 |
---|
1043 | 1043 | | be computed from the place where the process was received to the place 855 |
---|
1044 | 1044 | | of attempted service, and if multiple trips to effectuate service are made, 856 |
---|
1045 | 1045 | | back to the place where process was received and then to the place of 857 |
---|
1046 | 1046 | | the subsequent attempt at service, and thence in the case of civil process 858 |
---|
1047 | 1047 | | to the place of return, provided the officer or person shall state in the 859 |
---|
1048 | 1048 | | return of service that in-hand personal service was requested or 860 |
---|
1049 | 1049 | | required and that multiple trips were necessary to effectuate in-hand 861 |
---|
1050 | 1050 | | personal service. The officer or person requesting the receipt of such 862 |
---|
1051 | 1051 | | round trip travel shall make out a bill reciting the dates, times and 863 |
---|
1052 | 1052 | | results of each trip the officer or person traveled while attempting to 864 |
---|
1053 | 1053 | | effectuate in-hand personal service. The officer or person requesting the 865 |
---|
1054 | 1054 | | receipt of such attempted round trip travel shall receive such travel fees 866 |
---|
1055 | 1055 | | for attempted service only when in-hand personal service of process is 867 |
---|
1056 | 1056 | | Raised Bill No. 7139 |
---|
1057 | 1057 | | |
---|
1058 | 1058 | | |
---|
1059 | 1059 | | |
---|
1060 | 1060 | | LCO No. 5804 29 of 32 |
---|
1061 | 1061 | | |
---|
1062 | 1062 | | effectuated. Such travel fees paid may be limited to three round trips, 868 |
---|
1063 | 1063 | | provided nothing in this section shall limit payment of a greater amount 869 |
---|
1064 | 1064 | | to an officer or person serving process. 870 |
---|
1065 | 1065 | | (3) Each officer or person who serves process to enforce the obligation 871 |
---|
1066 | 1066 | | of an attorney pursuant to subdivision (2) of subsection (a) of section 51-872 |
---|
1067 | 1067 | | 81d shall receive the fee set by the Department of Administrative 873 |
---|
1068 | 1068 | | Services for state employees for each mile of travel, subject to 874 |
---|
1069 | 1069 | | adjustment within thirty days of any revision to the federal General 875 |
---|
1070 | 1070 | | Services Administration mileage reimbursement rate, to be computed 876 |
---|
1071 | 1071 | | from the place where such officer or person received the process to the 877 |
---|
1072 | 1072 | | place of service, and thence to the place of return. If more than one 878 |
---|
1073 | 1073 | | process is served on one person at one time by any such officer or 879 |
---|
1074 | 1074 | | person, the total cost of travel for the service shall be the same as for the 880 |
---|
1075 | 1075 | | service of one process only. 881 |
---|
1076 | 1076 | | (4) Each officer or person who serves process shall also receive the 882 |
---|
1077 | 1077 | | moneys actually paid for town clerk's fees on the service of process. 883 |
---|
1078 | 1078 | | (5) Each officer or person who serves process shall also receive the 884 |
---|
1079 | 1079 | | moneys actually paid for fees for the disclosure or search of records of 885 |
---|
1080 | 1080 | | the Department of Motor Vehicles in connection with the service of 886 |
---|
1081 | 1081 | | process. 887 |
---|
1082 | 1082 | | (6) Any officer or person required to summon jurors by personal 888 |
---|
1083 | 1083 | | service of a warrant to attend court shall receive for the first ten miles of 889 |
---|
1084 | 1084 | | travel while so engaged, such mileage to be computed from the place 890 |
---|
1085 | 1085 | | where such officer or person receives the process to the place of service, 891 |
---|
1086 | 1086 | | twenty-five cents for each mile, and for each additional mile, ten cents. 892 |
---|
1087 | 1087 | | (7) For summoning any juror to attend court otherwise than by 893 |
---|
1088 | 1088 | | personal service of the warrant, such officer or person shall receive only 894 |
---|
1089 | 1089 | | the sum of fifty cents and actual disbursements necessarily expended by 895 |
---|
1090 | 1090 | | such officer or person in making service thereof as directed. 896 |
---|
1091 | 1091 | | Sec. 23. Section 52-50 of the general statutes is repealed and the 897 |
---|
1092 | 1092 | | Raised Bill No. 7139 |
---|
1093 | 1093 | | |
---|
1094 | 1094 | | |
---|
1095 | 1095 | | |
---|
1096 | 1096 | | LCO No. 5804 30 of 32 |
---|
1097 | 1097 | | |
---|
1098 | 1098 | | following is substituted in lieu thereof (Effective October 1, 2025): 898 |
---|
1099 | 1099 | | (a) All process shall be directed to a state marshal, a constable or other 899 |
---|
1100 | 1100 | | proper officer authorized by statute, or, subject to the provisions of 900 |
---|
1101 | 1101 | | subsection (b) of this section, to an indifferent person. A direction on the 901 |
---|
1102 | 1102 | | process "to any proper officer" shall be sufficient to direct the process to 902 |
---|
1103 | 1103 | | a state marshal, constable or other proper officer. 903 |
---|
1104 | 1104 | | (b) Process shall not be directed to an indifferent person unless 904 |
---|
1105 | 1105 | | authorized by statute. Any indifferent person who, knowing that he is 905 |
---|
1106 | 1106 | | not authorized to do so under this section or any other provision of the 906 |
---|
1107 | 1107 | | general statutes, serves process shall be guilty of a class A misdemeanor. 907 |
---|
1108 | 1108 | | (c) Service of motions for modification, motions for contempt and 908 |
---|
1109 | 1109 | | wage withholdings in any matter involving a beneficiary of care or 909 |
---|
1110 | 1110 | | assistance from the state and in other IV-D child support cases may be 910 |
---|
1111 | 1111 | | made by any investigator employed by the Commissioner of 911 |
---|
1112 | 1112 | | Administrative Services or the Commissioner of Social Services. 912 |
---|
1113 | 1113 | | (d) Service of motions for modification, motions for contempt and 913 |
---|
1114 | 1114 | | wage withholdings in any matter involving child support, including, 914 |
---|
1115 | 1115 | | but not limited to, petitions for support authorized under sections 17b-915 |
---|
1116 | 1116 | | 745 and 46b-215, and those matters involving a beneficiary of care or 916 |
---|
1117 | 1117 | | assistance from the state, and service of other process in IV-D support 917 |
---|
1118 | 1118 | | cases, as defined in subdivision (13) of subsection (b) of section 46b-231, 918 |
---|
1119 | 1119 | | may be made by a support enforcement officer or support services 919 |
---|
1120 | 1120 | | investigator of the Superior Court. 920 |
---|
1121 | 1121 | | (e) Borough bailiffs may, within their respective boroughs, execute all 921 |
---|
1122 | 1122 | | legal process which state marshals or constables may execute. 922 |
---|
1123 | 1123 | | (f) (1) Process directed to a state marshal by an attorney-at-law or 923 |
---|
1124 | 1124 | | public agency, as defined in section 13 of this act, shall be delivered to 924 |
---|
1125 | 1125 | | such state marshal by either (A) providing the original process printed 925 |
---|
1126 | 1126 | | on paper and signed in ink by the issuing authority, along with 926 |
---|
1127 | 1127 | | sufficient copies for the state marshal to effectuate service, except that in 927 |
---|
1128 | 1128 | | Raised Bill No. 7139 |
---|
1129 | 1129 | | |
---|
1130 | 1130 | | |
---|
1131 | 1131 | | |
---|
1132 | 1132 | | LCO No. 5804 31 of 32 |
---|
1133 | 1133 | | |
---|
1134 | 1134 | | matters where the process to be served has been filed in court before 928 |
---|
1135 | 1135 | | delivery to a state marshal and the documents are publicly available on 929 |
---|
1136 | 1136 | | the Judicial Department Internet web site, the original process delivered 930 |
---|
1137 | 1137 | | to such state marshal as prescribed by this subparagraph may be a 931 |
---|
1138 | 1138 | | printed copy of the process to be served as filed with the Judicial 932 |
---|
1139 | 1139 | | Department, or (B) transmitting the process to a state marshal 933 |
---|
1140 | 1140 | | electronically pursuant to the provisions of section 13 of this act. 934 |
---|
1141 | 1141 | | (2) Process directed to a state marshal by parties other than an 935 |
---|
1142 | 1142 | | attorney-at-law or public agency, as defined in section 13 of this act, 936 |
---|
1143 | 1143 | | including self-represented parties, which are returnable to a court, 937 |
---|
1144 | 1144 | | agency, board or tribunal, as the case may be, which is located in this 938 |
---|
1145 | 1145 | | state and is established by the general statutes or a special act, shall be 939 |
---|
1146 | 1146 | | delivered to such state marshal by providing the original process 940 |
---|
1147 | 1147 | | printed on paper and signed in ink by the issuing authority, along with 941 |
---|
1148 | 1148 | | sufficient copies for the state marshal to effectuate service. 942 |
---|
1149 | 1149 | | (3) Process directed to a state marshal which originates from a public 943 |
---|
1150 | 1150 | | agency outside of this state, which is established under a law other than 944 |
---|
1151 | 1151 | | the law of this state may be transmitted to a state marshal electronically 945 |
---|
1152 | 1152 | | pursuant to the provisions of section 13 of this act. 946 |
---|
1153 | 1153 | | (4) In the case where sufficient copies of the documents to be served, 947 |
---|
1154 | 1154 | | as provided for in this section, have not been given to a state marshal to 948 |
---|
1155 | 1155 | | effectuate service, a state marshal may charge for the production of 949 |
---|
1156 | 1156 | | actual copies produced as needed to complete service of process, and 950 |
---|
1157 | 1157 | | shall charge the fees provided for in subsection (i) of section 13 of this 951 |
---|
1158 | 1158 | | act, subject to the exclusions set forth in said subsection, as if the process 952 |
---|
1159 | 1159 | | were transmitted electronically. 953 |
---|
1160 | 1160 | | Sec. 24. Section 6-38n of the general statutes is repealed. (Effective 954 |
---|
1161 | 1161 | | October 1, 2025) 955 |
---|
1162 | 1162 | | This act shall take effect as follows and shall amend the following |
---|
1163 | 1163 | | sections: |
---|
1164 | 1164 | | |
---|
1165 | 1165 | | Raised Bill No. 7139 |
---|
1166 | 1166 | | |
---|
1167 | 1167 | | |
---|
1168 | 1168 | | |
---|
1169 | 1169 | | LCO No. 5804 32 of 32 |
---|
1170 | 1170 | | |
---|
1171 | 1171 | | Section 1 October 1, 2025 6-30a(a) |
---|
1172 | 1172 | | Sec. 2 October 1, 2025 6-35 |
---|
1173 | 1173 | | Sec. 3 October 1, 2025 6-38 |
---|
1174 | 1174 | | Sec. 4 October 1, 2025 6-38a(a) |
---|
1175 | 1175 | | Sec. 5 October 1, 2025 6-38b |
---|
1176 | 1176 | | Sec. 6 October 1, 2025 6-38c |
---|
1177 | 1177 | | Sec. 7 October 1, 2025 6-38d |
---|
1178 | 1178 | | Sec. 8 October 1, 2025 6-38e |
---|
1179 | 1179 | | Sec. 9 October 1, 2025 6-39 |
---|
1180 | 1180 | | Sec. 10 October 1, 2025 14-10(f) |
---|
1181 | 1181 | | Sec. 11 October 1, 2025 34-243r |
---|
1182 | 1182 | | Sec. 12 October 1, 2025 New section |
---|
1183 | 1183 | | Sec. 13 October 1, 2025 New section |
---|
1184 | 1184 | | Sec. 14 October 1, 2025 46b-15(h)(1) |
---|
1185 | 1185 | | Sec. 15 October 1, 2025 52-593a |
---|
1186 | 1186 | | Sec. 16 October 1, 2025 4-183(c) |
---|
1187 | 1187 | | Sec. 17 October 1, 2025 52-57(b) |
---|
1188 | 1188 | | Sec. 18 October 1, 2025 47a-23(c) |
---|
1189 | 1189 | | Sec. 19 October 1, 2025 47a-42(b) |
---|
1190 | 1190 | | Sec. 20 October 1, 2025 49-22(b) |
---|
1191 | 1191 | | Sec. 21 October 1, 2025 52-261(a) |
---|
1192 | 1192 | | Sec. 22 October 1, 2025 52-261a(a) |
---|
1193 | 1193 | | Sec. 23 October 1, 2025 52-50 |
---|
1194 | 1194 | | Sec. 24 October 1, 2025 Repealer section |
---|
1195 | 1195 | | |
---|
1196 | 1196 | | Statement of Purpose: |
---|
1197 | 1197 | | To make various revisions to statutes (1) prescribing the manner in |
---|
1198 | 1198 | | which state marshals carry out their duties, including, but not limited |
---|
1199 | 1199 | | to, permitting state marshals receive electronically transmitted |
---|
1200 | 1200 | | documents for service, and (2) setting forth the responsibilities of the |
---|
1201 | 1201 | | State Marshal Commission and the State Marshals Advisory Board. |
---|
1202 | 1202 | | |
---|
1203 | 1203 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
1204 | 1204 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
1205 | 1205 | | underlined.] |
---|
1206 | 1206 | | |
---|