Bill Text: CT HB07198 | 2017 | General Assembly | Chaptered
Bill Title: An Act Concerning Court Operations, Victim Services, Fraudulent Filings And Transfers Of An Interest In Real Property To A Trust.
Spectrum: Committee Bill
Status: (Passed) 2017-06-30 - Signed by the Governor [HB07198 Detail]
Download: Connecticut-2017-HB07198-Chaptered.html
Substitute House Bill No. 7198
AN ACT CONCERNING COURT OPERATIONS, VICTIM SERVICES, FRAUDULENT FILINGS AND TRANSFERS OF AN INTEREST IN REAL PROPERTY TO A TRUST.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsections (a) and (b) of section 46b-16a of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Any person who has been the victim of sexual abuse, sexual assault or stalking [, as described in sections 53a-181c, 53a-181d and 53a-181e,] may make an application to the Superior Court for relief under this section, provided such person has not obtained any other court order of protection arising out of such abuse, assault or stalking and does not qualify to seek relief under section 46b-15. As used in this section, "stalking" means two or more wilful acts, performed in a threatening, predatory or disturbing manner of: Harassing, following, lying in wait for, surveilling, monitoring or sending unwanted gifts or messages to another person directly, indirectly or through a third person, by any method, device or other means, that causes such person to reasonably fear for his or her physical safety.
(b) The application shall be accompanied by an affidavit made by the applicant under oath that includes a statement of the specific facts that form the basis for relief. If the applicant attests that disclosure of the applicant's location information would jeopardize the health, safety or liberty of the applicant or the applicant's children, the applicant may request, on a form prescribed by the Chief Court Administrator, that his or her location information not be disclosed. Upon receipt of the application, if the allegations set forth in the affidavit meet the requirements of subsection (a) of this section, the court shall schedule a hearing not later than fourteen days from the date of the application. If a postponement of a hearing on the application is requested by either party, no ex parte order shall be continued except upon agreement of the parties or by order of the court for good cause shown. If the court is closed on the scheduled hearing date, the hearing shall be held on the next day the court is open and any ex parte order that was issued shall remain in effect until the date of such hearing. If the applicant is under eighteen years of age, a parent, guardian or responsible adult who brings the application as next friend of the applicant may not speak on the applicant's behalf at such hearing unless there is good cause shown as to why the applicant is unable to speak on his or her own behalf, except that nothing in this subsection shall preclude such parent, guardian or responsible adult from testifying as a witness at such hearing. If the court finds that there are reasonable grounds to believe that the respondent has committed acts constituting grounds for issuance of an order under this section and will continue to commit such acts or acts designed to intimidate or retaliate against the applicant, the court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant. If the court finds that there are reasonable grounds to believe that an imminent danger exists to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. In making such orders, the court, in its discretion, may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch's Internet web site. Such orders may include, but are not limited to, an order enjoining the respondent from: (1) Imposing any restraint upon the person or liberty of the applicant; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant; and (3) entering the dwelling of the applicant.
Sec. 2. Section 46b-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) For the purposes of this section, "records of cases of juvenile matters" includes, but is not limited to, court records, records regarding juveniles maintained by the Court Support Services Division, records regarding juveniles maintained by an organization or agency that has contracted with the Judicial Branch to provide services to juveniles, records of law enforcement agencies including fingerprints, photographs and physical descriptions, and medical, psychological, psychiatric and social welfare studies and reports by juvenile probation officers, public or private institutions, social agencies and clinics.
(b) All records of cases of juvenile matters, as provided in section 46b-121, except delinquency proceedings, or any part thereof, and all records of appeals from probate brought to the superior court for juvenile matters pursuant to section 45a-186, shall be confidential and for the use of the court in juvenile matters, and open to inspection or disclosure to any third party, including bona fide researchers commissioned by a state agency, only upon order of the Superior Court, except that: (1) Such records shall be available to (A) the attorney representing the child or youth, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (B) the parents or guardian of the child or youth until such time as the child or youth reaches the age of majority or becomes emancipated, (C) an adult adopted person in accordance with the provisions of sections 45a-736, 45a-737 and 45a-743 to 45a-757, inclusive, (D) employees of the Division of Criminal Justice who, in the performance of their duties, require access to such records, (E) employees of the Judicial Branch who, in the performance of their duties, require access to such records, (F) another court under the provisions of subsection (d) of section 46b-115j, (G) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority or has been emancipated, (H) the Department of Children and Families, (I) the employees of the Division of Public Defender Services who, in the performance of their duties related to Division of Public Defender Services assigned counsel, require access to such records, and (J) judges and employees of the Probate Court who, in the performance of their duties, require access to such records; and (2) all or part of the records concerning a youth in crisis with respect to whom a court order was issued prior to January 1, 2010, may be made available to the Department of Motor Vehicles, provided such records are relevant to such order. Any records of cases of juvenile matters, or any part thereof, provided to any persons, governmental or private agencies, or institutions pursuant to this section shall not be disclosed, directly or indirectly, to any third party not specified in subsection (d) of this section, except as provided by court order, in the report required under section 54-76d or 54-91a or as otherwise provided by law.
(c) All records of cases of juvenile matters involving delinquency proceedings, or any part thereof, shall be confidential and for the use of the court in juvenile matters and shall not be disclosed except as provided in this section and section 3 of this act.
(d) Records of cases of juvenile matters involving delinquency proceedings shall be available to (1) Judicial Branch employees who, in the performance of their duties, require access to such records, (2) judges and employees of the Probate Court who, in the performance of their duties, require access to such records, and (3) employees and authorized agents of state or federal agencies involved in (A) the delinquency proceedings, (B) the provision of services directly to the child, (C) the design and delivery of treatment programs pursuant to section 46b-121j, or (D) the delivery of court diversionary programs. Such employees and authorized agents include, but are not limited to, law enforcement officials, community-based youth service bureau officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials including officials of both the regular criminal docket and the docket for juvenile matters and officials of the Division of Criminal Justice, the Division of Public Defender Services, the Department of Children and Families, the Court Support Services Division and agencies under contract with the Judicial Branch. Such records shall also be available to (i) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (ii) the parents or guardian of the child, until such time as the subject of the record reaches the age of majority, (iii) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority, (iv) law enforcement officials and prosecutorial officials conducting legitimate criminal investigations, (v) a state or federal agency providing services related to the collection of moneys due or funding to support the service needs of eligible juveniles, provided such disclosure shall be limited to that information necessary for the collection of and application for such moneys, and (vi) members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been convicted of a crime in the regular criminal docket of the Superior Court and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release. Records disclosed pursuant to this subsection shall not be further disclosed, except that information contained in such records may be disclosed in connection with bail or sentencing reports in open court during criminal proceedings involving the subject of such information, or as otherwise provided by law.
(e) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, may be disclosed upon order of the court to any person who has a legitimate interest in the information and is identified in such order. Records disclosed pursuant to this subsection shall not be further disclosed, except as specifically authorized by a subsequent order of the court.
[(f) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, shall be available to the victim of the crime committed by such child to the same extent as the record of the case of a defendant in a criminal proceeding in the regular criminal docket of the Superior Court is available to a victim of the crime committed by such defendant. The court shall designate an official from whom such victim may request such information. Records disclosed pursuant to this subsection shall not be further disclosed, except as specifically authorized by a subsequent order of the court. ]
[(g)] (f) Information concerning a child who is the subject of an order to take such child into custody or other process that has been entered into a central computer system pursuant to subsection (i) of section 46b-133 may be disclosed to employees and authorized agents of the Judicial Branch, law enforcement agencies and the Department of Children and Families in accordance with policies and procedures established by the Chief Court Administrator.
[(h)] (g) Information concerning a child who has escaped from a detention center or from a facility to which the child has been committed by the court or for whom an arrest warrant has been issued with respect to the commission of a felony may be disclosed by law enforcement officials.
[(i)] (h) Nothing in this section shall be construed to prohibit any person employed by the Judicial Branch from disclosing any records, information or files in such employee's possession to any person employed by the Division of Criminal Justice as a prosecutorial official, inspector or investigator who, in the performance of his or her duties, requests such records, information or files, or to prohibit any such employee of said division from disclosing any records, information or files in such employee's possession to any such employee of the Judicial Branch who, in the performance of his or her duties, requests such records, information or files.
[(j)] (i) Nothing in this section shall be construed to prohibit a party from making a timely objection to the admissibility of evidence consisting of records of cases of juvenile matters, or any part thereof, in any Superior Court or Probate Court proceeding, or from making a timely motion to seal any such record pursuant to the rules of the Superior Court or the rules of procedure adopted under section 45a-78.
[(k)] (j) A state's attorney shall disclose to the defendant or such defendant's counsel in a criminal prosecution, without the necessity of a court order, exculpatory information and material contained in any record disclosed to such state's attorney pursuant to this section and may disclose, without a court order, information and material contained in any such record which could be the subject of a disclosure order.
[(l)] (k) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any detention screening or mental health screening or assessment of such child, during the provision of services pursuant to subsection (b) of section 46b-149, or during the performance of an educational evaluation pursuant to subsection (e) of section 46b-149, shall be used solely for planning and treatment purposes and shall otherwise be confidential and retained in the files of the entity providing such services or performing such screening, assessment or evaluation. Such information may be further disclosed only for the purposes of any court-ordered evaluation or treatment of the child or provision of services to the child, or pursuant to sections 17a-101 to 17a-101e, inclusive, 17b-450, 17b-451 or 51-36a. Any information concerning a child that is obtained during the administration of the detention screening instrument in accordance with section 46b-133 shall be used solely for the purpose of making a recommendation to the court regarding the detention of the child. Such information shall not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.
[(m)] (l) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, containing information that a child has been convicted as delinquent for a violation of subdivision (e) of section 1-1h, subsection (c) of section 14-147, subsection (a) of section 14-215, section 14-222, subsection (b) of section 14-223, subsection (a), (b) or (c) of section 14-224, section 30-88a or subsection (b) of section 30-89, shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether administrative sanctions regarding such child's motor vehicle operator's license are warranted. Records disclosed pursuant to this subsection shall not be further disclosed.
[(n)] (m) Records of cases of juvenile matters involving adoption proceedings, or any part thereof, shall be confidential and may only be disclosed pursuant to sections 45a-743 to 45a-757, inclusive.
(n) Records of cases of juvenile matters involving delinquency proceedings shall be available to a victim of the delinquent act in accordance with the provisions of section 3 of this act.
Sec. 3. (NEW) (Effective October 1, 2017) (a) Notwithstanding any provision of the general statutes concerning the confidentiality of records of cases of juvenile matters, as defined in section 46b-124 of the general statutes, as amended by this act, whether in a matter designated by the court for a nonjudicial disposition pursuant to section 46b-128 of the general statutes or otherwise, any victim of a delinquent act committed by a child shall, without a court order, have access to: (1) The name and address of the child; (2) the name and address of the child's parents or guardian; (3) any charges pending against the child at the time that the victim requests such information that relate to such delinquent act; (4) information pertaining to the disposition of the matter that relates to such delinquent act; and (5) any order entered by the court pertaining to the victim, including, but not limited to, any order of no contact between the child and the victim. Any information received by a victim of a delinquent act pursuant to this subsection may be utilized by the victim in a subsequent civil action for damages related to an act of delinquency committed by the child, but such information shall not be further disclosed except as specifically authorized by an order of the court. For the purposes of this section "victim" means a person who is the victim of a delinquent act, the legal representative of such person, a parent or guardian of such person, if such person is a minor, or a victim advocate for such person under section 54-220 of the general statutes, as amended by this act.
(b) Records of cases of juvenile matters, as defined in subsection (a) of section 46b-124 of the general statutes, as amended by this act, other than those enumerated in subsection (a) of this section, including, but not limited to, police reports, arrest warrants, search warrants and any affidavits associated with such warrants that involve the victim may be disclosed to the victim upon order of the court for good cause shown. Information disclosed to the victim pursuant to this subsection shall not be further disclosed, except as specifically authorized by an order of the court.
(c) In determining whether good cause exists for the granting or denial of access to records pursuant to subsection (b) of this section, the court shall consider: (1) The age of the child; (2) the degree of injury to the victim or damage to property caused by the child's delinquent act; (3) whether a compelling reason exists for disclosure or nondisclosure of the information contained in such records; and (4) whether the release of such information would jeopardize an ongoing criminal investigation. When making a good cause determination, the court may not consider as a factor whether the victim has an alternate means of ascertaining the information delineated in subsection (b) of this section.
(d) If the release of information available to a victim pursuant to subsection (a) of this section may result in jeopardizing (1) the safety of the child, a witness or another person; or (2) an ongoing criminal investigation, the prosecutorial official or an attorney representing the child, including an attorney from the Division of Public Defender Services, may file an objection with the court requesting that such information not be disclosed. The court shall articulate on the record the specific reason for sustaining any objection made pursuant to this subsection.
Sec. 4. Subsection (b) of section 46b-133e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(b) As a condition of eligibility for suspension of prosecution and placement in a school violence prevention program pursuant to this section, (1) the child shall agree to participate in a program of anger management and nonviolent conflict resolution consisting of [at least eight] group counseling sessions, and to satisfactorily complete such program, (2) the child shall agree to comply with any orders of the court, and (3) the parents or guardian of such child shall certify under penalty of false statement that, to the best of such parents' or guardian's knowledge and belief, neither such parent or guardian nor such child possesses any firearms, dangerous weapons, controlled substances or other property or materials the possession of which is prohibited by law or in violation of the law.
Sec. 5. Subdivision (1) of subsection (f) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) (1) (A) The Family Support Magistrate Division shall include nine family support magistrates who shall, (i) prior to January 1, 2017, be appointed by the Governor to serve in that capacity for a term of three years, and (ii) on and after January 1, 2017, be nominated by the Governor and appointed by the General Assembly to serve in that capacity for a term of five years, except that each family support magistrate serving on December 31, 2016, shall continue to serve in that capacity on and after January 1, 2017, until the expiration of such magistrate's three-year term, unless removed from office pursuant to this subsection, and shall continue to serve after the expiration of such three-year term until a successor is appointed or the family support magistrate's nomination has failed to be approved in accordance with this subsection. A family support magistrate may be nominated by the Governor for reappointment. If a family support magistrate continues to serve after the expiration of such three-year term and such family support magistrate is nominated by the Governor for reappointment, the family support magistrate's five-year term shall begin on the date that the General Assembly approves the nomination for reappointment pursuant to subdivision (3) of this subsection.
(B) To be eligible for nomination as a family support magistrate, a person shall have engaged in the practice of law for five years prior to appointment and be experienced in the field of family law. The family support magistrate shall devote full time to the duties of a family support magistrate and shall not engage in the private practice of law. A family support magistrate may be removed from office by the Governor for cause and is subject to admonishment, censure, suspension and removal from office as provided in chapter 872a.
Sec. 6. Subsection (a) of section 47a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) All proceedings involving a housing matter in the judicial district of Hartford, New Britain, New Haven, Fairfield, Waterbury or Stamford-Norwalk shall first be placed on the housing docket for that district, provided that the judge before whom such proceeding is brought may transfer such matter to the regular docket for a [geographical area or] judicial district if he determines that such matter is not a housing matter or that such docket is more suitable for the disposition of the case. Any case so entered or transferred to either docket shall be proceeded upon as are other cases of like nature standing on such docket.
Sec. 7. Subsection (a) of section 51-181 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Superior Court shall sit continuously throughout the year, at such times and places and for such periods as are set by the Chief Court Administrator or, with the approval of the Chief Court Administrator, his designee, in the following cities or towns, except as otherwise provided by law: (1) In the judicial district of Ansonia-Milford, at Ansonia or Derby and at Milford; (2) in the judicial district of Danbury, at Danbury; (3) in the judicial district of Fairfield, at Bridgeport; (4) in the judicial district of Hartford, at Hartford and, whenever suitable accommodations are provided without expense to the state, at Manchester; (5) in the judicial district of Litchfield, at Litchfield, New Milford, Winchester and Torrington; (6) in the judicial district of Middlesex, at Middletown; (7) in the judicial district of New Britain, at New Britain and Bristol; (8) in the judicial district of New Haven, at New Haven and Meriden; (9) in the judicial district of New London, at Norwich and New London; (10) in the judicial district of Stamford-Norwalk, at Stamford; (11) in the judicial district of Tolland, at Rockville; (12) in the judicial district of Waterbury, at Waterbury; and (13) in the judicial district of Windham, at Putnam. [and Willimantic. ]
Sec. 8. Subsection (e) of section 51-196 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) The secretary of the review division shall act as its clerk or, if there is no such secretary, the clerk of the superior court for the judicial district in which the review division is meeting shall act as the clerk of the division. The acting clerk of the review division shall send the original of each decision to the clerk of the court where the judgment was rendered and a copy thereof to the Chief Justice, the judge who imposed the sentence or commitment reviewed, the person sentenced or committed, the principal officer of the correctional institution in which such person is confined and the Reporter of Judicial Decisions. [, who shall select therefrom for publication such decisions as the reporter deems will be useful as precedents or will serve the public interest and shall prepare them for publication in the manner in which decisions of the Supreme Court are prepared. Decisions thus prepared for publication shall be published in the Connecticut Law Journal and, if the Reporter of Judicial Decisions so directs, in the Connecticut Supplement. ]
Sec. 9. Section 51-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
[The Reporter of Judicial Decisions shall obtain a sufficient number of records and briefs of all cases determined in the Supreme Court and cause them to be bound in convenient size, with an index. The Reporter of Judicial Decisions shall send a copy of the records and briefs to the State Library and each law library under the supervision of the Office of the Chief Court Administrator. The expense of binding and transportation shall be paid by the state. ] The chief clerk of the Supreme Court shall electronically provide to the State Library publicly available briefs of all cases determined in the Supreme Court and the Appellate Court, in a format and on a schedule that is mutually agreed to by the chief clerk of the Supreme Court and the State Librarian.
Sec. 10. Subsection (a) of section 51-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) All jurors shall be electors, or citizens of the United States who are residents of this state having a permanent place of abode in this state and appear on the list compiled by the Jury Administrator under subsection (b) of section 51-222a, who have reached the age of eighteen. A person shall be disqualified to serve as a juror if such person: (1) Is found by a judge of the Superior Court to exhibit any quality which will impair the capacity of such person to serve as a juror, except that no person shall be disqualified on the basis of deafness or hearing impairment; (2) has been convicted of a felony within the past seven years or is a defendant in a pending felony case or is in the custody of the Commissioner of Correction; (3) is not able to speak and understand the English language; (4) is the Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller or Attorney General; (5) is a judge of the Probate Court, Superior Court, Appellate Court or Supreme Court, is a family support magistrate or is a federal court judge; (6) is a member of the General Assembly, provided such disqualification shall apply only while the General Assembly is in session; (7) is a registrar of voters or deputy registrar of voters of a municipality, provided such disqualification shall apply only during the period from twenty-one days before the date of a federal, state or municipal election, primary or referendum to twenty-one days after the date of such election, primary or referendum, inclusive; (8) is seventy years of age or older and chooses not to perform juror service; [or] (9) is incapable, by reason of a physical or mental disability, of rendering satisfactory juror service; or (10) for the jury year commencing on September 1, 2017, and each jury year thereafter, has served in the United States District Court for the District of Connecticut as (A) a federal juror on a matter that has been tried to a jury during the last three preceding jury years, or (B) a federal grand juror during the last three preceding jury years. Any person claiming a disqualification under subdivision (9) of this subsection [must] shall submit to the Jury Administrator a letter from a licensed health care provider stating the health care provider's opinion that such disability prevents the person from rendering satisfactory juror service. In reaching such opinion, the health care provider shall apply the following guideline: A person shall be capable of rendering satisfactory juror service if such person is able to perform a sedentary job requiring close attention for six hours per day, with short work breaks in the morning and afternoon sessions, for at least three consecutive business days. Any person claiming a disqualification under subdivision (10) of this subsection shall supply proof of federal jury service satisfactory to the Jury Administrator.
Sec. 11. Section 51-345 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Except as provided in section 51-348, as amended by this act, and subsections (b) to [(g)] (h), inclusive, of this section, all civil process shall be made returnable to a judicial district, as follows:
(1) If all the parties reside outside this state, to the judicial district where (A) the injury occurred, (B) the transaction occurred, or (C) the property is located or lawfully attached.
(2) If the defendant is not a resident, to the judicial district where the attached property is located.
(3) If either or both the plaintiff or defendant are residents of this state, to the judicial district where either the plaintiff or defendant resides, except:
(A) If either the plaintiff or the defendant resides in the town of Manchester, East Windsor, South Windsor or Enfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of Tolland.
(B) If either the plaintiff or the defendant resides in the town of Plymouth, the action may be made returnable at the option of the plaintiff to either the judicial district of New Britain or the judicial district of Waterbury.
(C) If either the plaintiff or the defendant resides in the town of Bethany, Milford, West Haven or Woodbridge, the action may be made returnable at the option of the plaintiff to either the judicial district of New Haven or the judicial district of Ansonia-Milford.
(D) If either the plaintiff or the defendant resides in the town of Southbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Ansonia-Milford or the judicial district of Waterbury.
(E) If either the plaintiff or defendant resides in the town of Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston, Westport or Wilton, the action may be made returnable at the option of the plaintiff to either the judicial district of Stamford-Norwalk or the judicial district of Fairfield.
(F) If either the plaintiff or defendant resides in the town of Watertown or Woodbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Waterbury or the judicial district of Litchfield.
(G) If either the plaintiff or defendant resides in the town of Avon, Canton, Farmington or Simsbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain.
(H) If either the plaintiff or defendant resides in the town of Newington, Rocky Hill or Wethersfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain, except for actions where venue is in the geographical area as provided in section 51-348, as amended by this act, or in rules of court.
(I) If either the plaintiff or defendant resides in the town of Cromwell, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of Middlesex.
(J) If either the plaintiff or defendant resides in the town of New Milford, the action may be made returnable at the option of the plaintiff to either the judicial district of Danbury or the judicial district of Litchfield.
(K) If either the plaintiff or the defendant resides in the town of Windham or Ashford, the action may be made returnable at the option of the plaintiff to either the judicial district of Windham or the judicial district of Tolland.
(b) In all actions involving the title to land, for trespass to land and to foreclose or redeem mortgages or liens upon real property, civil process shall be made returnable to the judicial district where the real property is located, either entirely or in part, except:
(1) If the land is located in the town of Manchester, East Windsor, South Windsor or Enfield and either the plaintiff or the defendant resides in the town of Manchester, East Windsor, South Windsor or Enfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of Tolland.
(2) If the land is located in the town of Plymouth and either the plaintiff or the defendant resides in the town of Plymouth, the action may be made returnable at the option of the plaintiff to either the judicial district of New Britain or the judicial district of Waterbury.
(3) If the land is located in the town of Bethany, Milford, West Haven or Woodbridge and either the plaintiff or the defendant resides in the town of Bethany, Milford, West Haven or Woodbridge, the action may be made returnable at the option of the plaintiff to either the judicial district of New Haven or the judicial district of Ansonia-Milford.
(4) If the land is located in the town of Southbury and either the plaintiff or the defendant resides in the town of Southbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Ansonia-Milford or the judicial district of Waterbury.
(5) If the land is located in the town of Weston, Westport or Wilton and either the plaintiff or the defendant resides in any one of these towns, the action may be made returnable at the option of the plaintiff to either the judicial district of Stamford-Norwalk or the judicial district of Fairfield.
(6) If the land is located in the town of Watertown or Woodbury and either the plaintiff or the defendant resides in the town of Watertown or Woodbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Waterbury or the judicial district of Litchfield.
(7) If the land is located in the town of Avon, Canton, Farmington or Simsbury and either the plaintiff or the defendant resides in the town of Avon, Canton, Farmington or Simsbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain.
(8) If the land is located in the town of Newington, Rocky Hill or Wethersfield and either the plaintiff or the defendant resides in the town of Newington, Rocky Hill or Wethersfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain, except for actions where venue is in the geographical area as provided in section 51-348, as amended by this act, or in rules of court.
(9) If the land is located in the town of New Milford and either the plaintiff or the defendant resides in the town of New Milford, the action may be made returnable at the option of the plaintiff to either the judicial district of Danbury or the judicial district of Litchfield.
(c) In all actions by a corporation, except actions made returnable under subsection (b), (d) or (g) of this section, civil process shall be made returnable as follows:
(1) If the plaintiff is either a domestic corporation or a United States corporation and the defendant is a resident, either (A) to the judicial district where the plaintiff has an office or place of business or (B) to the judicial district where the defendant resides.
(2) If the plaintiff is either a domestic corporation or a United States corporation and the defendant is a corporation, domestic or foreign, to the judicial district where (A) the plaintiff has an office or place of business, (B) the injury occurred, (C) the transaction occurred, or (D) the property is located or lawfully attached.
(3) If the plaintiff is a foreign corporation and the defendant is a resident, to the judicial district where the defendant resides.
(4) If the plaintiff is a foreign corporation and the defendant is a corporation, domestic or foreign, to the judicial district where (A) the injury occurred, (B) the transaction occurred, or (C) the property is located or lawfully attached.
(d) In all actions involving consumer transactions, civil process shall be made returnable to the judicial district where the consumer resides or where the transaction occurred. For the purposes of this subsection, "consumer transaction" means a transaction in which a natural person obligates himself to pay for goods sold or leased, services rendered or moneys loaned for personal, family or household purposes.
(e) In all actions for the partition or sale of any property, civil process shall be made returnable to the judicial district where the parties, or one of them, reside; but, if none of them resides in this state, then to the judicial district where all or a part of the property is located.
(f) In all actions by a nonresident executor, trustee under a will or administrator, civil process shall be made returnable to the same judicial district as would be proper if the plaintiff resided in the town where the court of probate which granted administration is held.
(g) Venue for small claims matters shall be at Superior Court facilities designated by the Chief Court Administrator to hear such matters. In small claims matters, civil process shall be made returnable to the Superior Court facility designated by the Chief Court Administrator to serve the small claims area where the plaintiff resides, where the defendant resides or is doing business or where the transaction or injury occurred. If the plaintiff is a domestic corporation, a United States corporation, a foreign corporation or a limited liability company, civil process shall be made returnable to a Superior Court facility designated by the Chief Court Administrator to serve the small claims area where the defendant resides or is doing business or where the transaction or injury occurred.
(h) (1) In all actions involving housing matters, as defined in section 47a-68, civil process shall be made returnable to the judicial district where the premises are located, except that actions described in subdivision (6) of section 47a-68 shall be heard in the geographical area where the premises are located unless otherwise provided in subsection (d) of section 51-348, as amended by this act.
(2) Notwithstanding the provisions of subdivision (1) of this subsection concerning the judicial district to which civil process shall be made returnable:
(A) If the premises are located in Avon, Canton, Farmington, Newington, Rocky Hill, Simsbury or Wethersfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain.
(B) If the premises are located in Ansonia, Beacon Falls, Derby, Oxford, Seymour or Shelton, the action shall be made returnable to the judicial district of Ansonia-Milford. After the filing of the action, the plaintiff or defendant may request a change in venue to the judicial district of New Haven or the judicial district of Waterbury.
(C) If the premises are located in Milford, Orange or West Haven, the action shall be made returnable to the judicial district of New Haven.
Sec. 12. Subsection (a) of section 51-346 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Process in all civil actions brought to a judicial district, except small claims as provided in subsection (b) of this section, shall be made returnable as follows:
(1) If brought to the judicial district of Ansonia-Milford, to the court at Ansonia or Milford as the plaintiff elects;
(2) If brought to the judicial district of Danbury, to the court at Danbury;
(3) If brought to the judicial district of Fairfield, to the court at Bridgeport;
(4) If brought to the judicial district of Hartford, to the court at Hartford;
(5) If brought to the judicial district of Litchfield, to the courthouse for the judicial district of Litchfield;
(6) If brought to the judicial district of Middlesex, to the court at Middletown;
(7) If brought to the judicial district of New Britain, to the court at New Britain or Bristol as the plaintiff elects;
(8) If brought to the judicial district of New Haven, to the court at New Haven or Meriden as the plaintiff elects;
(9) If brought to the judicial district of New London, to the court at New London or Norwich as the plaintiff elects;
(10) If brought to the judicial district of Stamford-Norwalk, to the court at Stamford;
(11) If brought to the judicial district of Tolland, to the court at Rockville;
(12) If brought to the judicial district of Waterbury, to the court at Waterbury;
(13) If brought to the judicial district of Windham, to the court at Putnam. [or Willimantic as the plaintiff elects. ]
Sec. 13. Subsection (a) of section 51-347 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Except as provided in subsection (b) of this section, any writ returnable to a judicial district and any motion, pleading or appearance shall be filed with the clerk of the judicial district to which the writ is returnable as follows:
(1) At the courthouse for the judicial district of Ansonia-Milford if returnable to the judicial district of Ansonia-Milford at Ansonia or Milford;
(2) At Danbury if returnable to the judicial district of Danbury;
(3) At Bridgeport if returnable to the judicial district of Fairfield;
(4) At Hartford if returnable to the judicial district of Hartford;
(5) At the courthouse for the judicial district of Litchfield if returnable to the judicial district of Litchfield;
(6) At Middletown if returnable to the judicial district of Middlesex;
(7) At New Britain if returnable to the judicial district of New Britain at New Britain or Bristol;
(8) (A) At New Haven if returnable to the judicial district of New Haven at New Haven, (B) at Meriden if returnable to the judicial district of New Haven at Meriden;
(9) (A) At New London if returnable to the judicial district of New London at New London, (B) at Norwich if returnable to the judicial district of New London at Norwich;
(10) At Stamford if returnable to the judicial district of Stamford-Norwalk;
(11) At Rockville if returnable to the judicial district of Tolland;
(12) At Waterbury if returnable to the judicial district of Waterbury; and
(13) At Putnam if returnable to the judicial district of Windham. [at Putnam or Willimantic. ]
Sec. 14. Section 51-27c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
A convenient place for holding the Superior Court at Rockville [,] and Putnam [and Willimantic] shall be furnished by the Commissioner of Administrative Services.
Sec. 15. Section 51-348 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The geographical areas of the Court of Common Pleas established pursuant to section 51-156a, revised to 1975, shall be the geographical areas of the Superior Court on July 1, 1978. The Chief Court Administrator, after consultation with the judges of the Superior Court, may alter the boundary of any geographical area to provide for a new geographical area provided that each geographical area so altered or so authorized shall remain solely within the boundary of a single judicial district.
(b) Such geographical areas shall serve for purposes of establishing venue for the following matters: (1) The presentment of defendants in motor vehicle matters, except as provided in subsection [(d)] (e) of this section; (2) the arraignment of defendants in criminal matters; [(3) housing matters as defined in section 47a-68, except that (A) in the judicial districts of Hartford, New Britain, New Haven, Fairfield, Waterbury, Middlesex, Tolland and Stamford-Norwalk and in any other judicial district for which the Chief Court Administrator determines that the prompt and proper administration of judicial business requires that venue for housing matters be in the judicial district, venue shall be in the judicial district, and (B) in the judicial district of Ansonia-Milford, venue shall be in the geographical area unless (i) the plaintiff requests a change in venue to either the judicial district of New Haven or the judicial district of Waterbury, or (ii) the premises are located in the town of Milford, Orange or West Haven, in which case venue shall be in the judicial district of New Haven; (4)] and (3) such other matters as the judges of the Superior Court may determine by rule.
(c) For the prompt and proper administration of judicial business, any matter and any trial can be heard in any courthouse within a judicial district, at the discretion of the Chief Court Administrator, if the use of such courthouse for such matter or trial is convenient to litigants and their counsel and is a practical use of judicial personnel and facilities, except juvenile matters may be heard as provided in section 46b-122. Whenever practicable family relations matters shall be heard in facilities most convenient to the litigants. [Housing matters, as defined in section 47a-68, shall be heard on a docket separate from other matters within the judicial districts of Hartford, New Britain, New Haven, Fairfield, Waterbury and Stamford-Norwalk, provided in the judicial district of New Britain such matters shall be heard by the judge assigned to hear housing matters in the judicial district of Hartford, in the judicial district of Waterbury such matters shall be heard by the judge assigned to hear housing matters in the judicial district of New Haven, and in the judicial district of Stamford-Norwalk such matters shall be heard by the judge assigned to hear housing matters in the judicial district of Fairfield. The records, files and other documents pertaining to housing matters shall be maintained separate from the records, files and other documents of the court. Matters do not have to be heard in the facilities to which the process is returned and the pleadings filed. ]
(d) In any judicial district in which housing matters are heard on a separate docket under section 16 of this act, venue for an action pertaining to one or more violations of any state or municipal health, housing, building, electrical, plumbing, fire or sanitation code, including violations occurring in commercial properties, or of any other statute, ordinance or regulation concerned with the health, safety or welfare of any occupant of any housing shall be in the housing session for the judicial district, except that venue for such an action concerning premises located in Milford, Orange or West Haven shall be in the judicial district of New Haven. In all other judicial districts, venue for such actions, if placed on the criminal docket, shall be in the geographical area where the premises are located.
[(d)] (e) Venue for infractions and violations that may be heard and decided by a magistrate pursuant to section 51-193u shall be at Superior Court facilities designated by the Chief Court Administrator to hear such matters.
(f) In any other matter, an action shall be made returnable to the geographical area as is prescribed by statute.
Sec. 16. (NEW) (Effective from passage) Housing matters, as defined in section 47a-68 of the general statutes, shall be heard on a docket separate from other matters within the judicial districts of Hartford, New Britain, New Haven, Fairfield, Waterbury and Stamford-Norwalk, provided in the judicial district of (1) New Britain, such matters shall be heard by the judge assigned to hear housing matters in the judicial district of Hartford, (2) Waterbury, such matters shall be heard by the judge assigned to hear housing matters in the judicial district of New Haven, and (3) Stamford-Norwalk, such matters shall be heard by the judge assigned to hear housing matters in the judicial district of Fairfield. The records, files and other documents pertaining to housing matters shall be maintained separate from the records, files and other documents of the court. Housing matters do not have to be heard in the facilities to which the process is returned and the pleadings are filed.
Sec. 17. Subsection (a) of section 52-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) There shall be paid to the clerks for entering each appeal or writ of error to the Supreme Court, or entering each appeal to the Appellate Court, as the case may be, two hundred fifty dollars, and for each civil cause in the Superior Court, three hundred sixty dollars, except (1) two hundred thirty dollars for entering each case in the Superior Court in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars; (2) one hundred seventy-five dollars for summary process and landlord and tenant actions; [and] (3) there shall be no entry fee for making an application to the Superior Court for relief under section 46b-15 or 46b-16a, as amended by this act, or for making an application to modify or extend an order issued pursuant to section 46b-15 or 46b-16a, as amended by this act; and (4) there shall be no entry fee for a civil action brought under section 53a-28a, as amended by this act. If the amount, legal interest or property in demand by the plaintiff is alleged to be less than two thousand five hundred dollars, a new entry fee of seventy-five dollars shall be charged if the plaintiff amends his or her complaint to state that such demand is not less than two thousand five hundred dollars.
Sec. 18. Section 53a-28a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
All financial obligations ordered pursuant to subsection (c) of section 53a-28 or subsection (a) of section 53a-30, as amended by this act, may be enforced in the same manner as a judgment in a civil action by the party or entity to whom the obligation is owed. The party or entity seeking enforcement of the financial obligations as a judgment in a civil action shall file with the Superior Court a copy of the court's order of restitution ordered pursuant to section 53a-28 or 53a-30, as amended by this act, together with an affidavit prepared by the agency or entity monitoring payment of the obligations, on a form prescribed by the Office of the Chief Court Administrator, attesting to the terms of restitution and manner of performance fixed by the court or the Court Support Services Division, identifying the amount of the obligation that has been paid and the amount of the obligation that is owed. Such obligations may be enforced at any time during the ten-year period following the offender's release from confinement or termination of probation, or within ten years of the entry of the order and sentence, whichever is longer. There shall be no entry fee for filing an enforcement action pursuant to this section. Not later than thirty days after the date of filing of the judgment and the affidavit, the party or entity seeking enforcement of such judgment shall mail notice of filing of the judgment by registered or certified mail, return receipt requested, to the offender at such offender's last-known address. The proceeds of an execution shall not be distributed to the party or entity seeking enforcement of such judgment earlier than thirty days after the date of filing proof of service with the clerk of the court in which enforcement of such judgment is sought. No fee shall be required for the filing of an execution. The payment of marshal's fees for service of an execution shall be collected in accordance with the provisions of section 52-261.
Sec. 19. Subsection (a) of section 53a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) When imposing sentence of probation or conditional discharge, the court may, as a condition of the sentence, order that the defendant: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment; (2) undergo medical or psychiatric treatment and remain in a specified institution, when required for that purpose; (3) support the defendant's dependents and meet other family obligations; (4) make restitution of the fruits of the defendant's offense or make restitution, in an amount the defendant can afford to pay or provide in a suitable manner, for the loss or damage caused thereby. [and the court] The court or the Court Support Services Division, if authorized by the court, may fix the amount thereof and the manner of performance, and the victim shall be advised by the court or the Court Support Services Division that restitution ordered under this section may be enforced pursuant to section 53a-28a, as amended by this act; (5) if a minor, (A) reside with the minor's parents or in a suitable foster home, (B) attend school, and (C) contribute to the minor's own support in any home or foster home; (6) post a bond or other security for the performance of any or all conditions imposed; (7) refrain from violating any criminal law of the United States, this state or any other state; (8) if convicted of a misdemeanor or a felony, other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, and any sentence of imprisonment is suspended, participate in an alternate incarceration program; (9) reside in a residential community center or halfway house approved by the Commissioner of Correction, and contribute to the cost incident to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender treatment; (13) if convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as defined in section 54-250, or of a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, register such person's identifying factors, as defined in section 54-250, with the Commissioner of Emergency Services and Public Protection when required pursuant to section 54-251, 54-252 or 54-253, as the case may be; (14) be subject to electronic monitoring, which may include the use of a global positioning system; (15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias crime education program; (16) if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant; or (17) satisfy any other conditions reasonably related to the defendant's rehabilitation. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.
Sec. 20. Subsection (h) of section 54-56j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(h) The school violence prevention program shall consist of [at least eight] group counseling sessions in anger management and nonviolent conflict resolution.
Sec. 21. Section 54-201 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
As used in sections 54-201 to [54-233] 54-235, inclusive:
(1) "Victim" means a person who is injured or killed as provided in section 54-209, as amended by this act;
(2) "Personal injury" means (A) actual bodily harm [and mental anguish which is the direct result of bodily injury] or emotional harm and includes pregnancy and any condition thereof, or (B) injury or death to a [guide dog or assistance dog] service animal owned or kept by a [blind or disabled] person with a disability;
(3) "Dependent" means any relative of a deceased victim or a person designated by a deceased victim in accordance with section 1-56r who was wholly or partially dependent upon his income at the time of his death or the child of a deceased victim and shall include the child of such victim born after his death;
(4) "Relative" means a person's spouse, parent, grandparent, stepparent, aunt, uncle, niece, nephew, child, including a natural born child, stepchild and adopted child, grandchild, brother, sister, half brother or half sister or a parent of a person's spouse;
(5) "Crime" means any act which is a felony, as defined in section 53a-25, or misdemeanor, as defined in section 53a-26, and includes any crime committed by a juvenile; and
(6) "Emotional harm" means a mental or emotional impairment that requires treatment through services and that is directly attributable to a threat of (A) physical injury, as defined in subdivision (3) of section 53a-3, or (B) death to the affected person.
Sec. 22. Section 54-203 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) There is established an Office of Victim Services within the Judicial Department.
(b) The Office of Victim Services shall have the following powers and duties:
(1) To direct each hospital, whether public or private, each university or college health services center, whether public or private, and each community health center, as defined in section 19a-490a, to [display prominently in its emergency room] prominently display posters in a conspicuous location giving notice of the availability of compensation and assistance to victims of crime or their dependents pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, and to direct every law enforcement agency of the state to inform victims of crime or their dependents of their rights pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act;
(2) To [request] obtain from the office of the state's attorney, state police, local police departments or any law enforcement agency such investigation and data as will enable the Office of Victim Services to determine if in fact the applicant was a victim of a crime or attempted crime and the extent, if any, to which the victim or claimant was responsible for his own injury, including, but not limited to, a request for information form promulgated by the Office of Victim Services;
(3) To request from the Department of Correction, other units of the Judicial Department and the Board of Pardons and Paroles such information as will enable the Office of Victim Services to determine if in fact a person who has requested notification pursuant to section 54-228 was a victim of a crime;
[(4) To direct medical examination of victims as a requirement for payment under sections 54-201 to 54-233, inclusive; ]
[(5)] (4) To take or cause to be taken affidavits or depositions within or without the state;
[(6)] (5) To apply for, receive, allocate, disburse and account for grants of funds made available by the United States, by the state, foundations, corporations and other businesses, agencies or individuals to implement a program for victim services which shall assist witnesses and victims of crimes as the Office of Victim Services deems appropriate within the resources available and to coordinate services to victims by state and community-based agencies, with priority given to victims of violent crimes, by (A) assigning [, in consultation with the Division of Criminal Justice,] such victim advocates as are necessary to provide assistance; (B) administering victim service programs; and (C) awarding grants or purchase of service contracts to private nonprofit organizations or local units of government for the direct delivery of services, except that the provision of training and technical assistance of victim service providers and the development and implementation of public education campaigns may be provided by private nonprofit or for-profit organizations or local units of government. Such grants and contracts shall be the predominant method by which the Office of Victim Services shall develop, implement and operate direct service programs and provide training and technical assistance to victim service providers;
[(7)] (6) To provide each person who applies for compensation pursuant to section 54-204, as amended by this act, within ten days of the date of receipt of such application, with a written list of rights of victims of crime involving personal injury and the programs available in this state to assist such victims. The Office of Victim Services, the state or any agent, employee or officer thereof shall not be liable for the failure to supply such list or any alleged inadequacies of such list. Such list shall include, but not be limited to:
(A) Subject to the provisions of sections 18-81e and 51-286e, the victim shall have the right to be informed concerning the status of his or her case and to be informed of the release from custody of the defendant;
(B) Subject to the provisions of section 54-91c, the victim shall have the right to present a statement of his or her losses, injuries and wishes to the prosecutor and the court prior to the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a plea agreement with the state wherein the defendant pleads to a lesser offense than the offense with which the defendant was originally charged;
(C) Subject to the provisions of section 54-91c, prior to the imposition of sentence upon the defendant, the victim shall have the right to submit a statement to the prosecutor as to the extent of any injuries, financial losses and loss of earnings directly resulting from the crime. Upon receipt of the statement, the prosecutor shall file the statement with the sentencing court and the statement shall be made a part of the record and considered by the court at the sentencing hearing;
(D) Subject to the provisions of section 54-126a, the victim shall have the right to appear before a panel of the Board of Pardons and Paroles and make a statement as to whether the defendant should be released on parole and any terms or conditions to be imposed upon any such release;
(E) Subject to the provisions of section 54-36a, the victim shall have the right to have any property the victim owns which was seized by police in connection with an arrest to be returned;
(F) Subject to the provisions of sections 54-56e and 54-142c, the victim shall have the right to be notified of the application by the defendant for the pretrial program for accelerated rehabilitation and to obtain from the court information as to whether the criminal prosecution in the case has been dismissed;
(G) Subject to the provisions of section 54-85b, the victim cannot be fired, harassed or otherwise retaliated against by an employer for appearing under a subpoena as a witness in any criminal prosecution;
(H) Subject to the provisions of section 54-86g, the parent or legal guardian of a child twelve years of age or younger who is a victim of child abuse or sexual assault may request special procedural considerations to be taken during the testimony of the child;
(I) Subject to the provisions of section 46b-15, the victim of assault by a spouse or former spouse, family or household member has the right to request the arrest of the offender, request a protective order and apply for a restraining order;
(J) Subject to the provisions of sections 52-146k, 54-86e and 54-86f, the victim of sexual assault or domestic violence can expect certain records to remain confidential; and
(K) Subject to the provisions of section 53a-32, the victim and any victim advocate assigned to assist the victim may receive notification from a probation officer whenever the officer has notified a police officer that the probation officer has probable cause to believe that the offender has violated a condition of such offender's probation;
[(8)] (7) Within available appropriations, to [establish] maintain a victim's assistance center which shall [provide a victims' rights information clearinghouse which shall be a central repository of information regarding rights of victims of crime and services available to such victims and shall collect and disseminate such information to assist victims] (A) make available to victims information regarding victim's rights and available services, (B) maintain a victims' notification system pursuant to sections 54-227 to 54-230a, inclusive, as amended by this act, and 54-235, and (C) maintain a toll-free number for access to information regarding victims' rights and available services;
[(9) To provide a victims' notification clearinghouse which shall be a central repository for requests for notification filed pursuant to sections 54-228 and 54-229, and to notify persons who have filed such a request whenever an inmate has applied for release from a correctional institution or reduction of sentence or review of sentence pursuant to section 54-227 or whenever an inmate is scheduled to be released from a correctional institution and to provide victims of family violence crimes, upon request, information concerning any modification or termination of criminal orders of protection; ]
[(10)] (8) To provide a telephone helpline that shall provide information on referrals for various services for victims of crime and their families;
[(11)] (9) To provide staff services to a state advisory council. The council shall consist of not more than fifteen members to be appointed by the Chief Justice and shall include the Chief Victim Compensation Commissioner and members who represent victim populations, including but not limited to, homicide survivors, family violence victims, sexual assault victims, victims of drunk drivers, and assault and robbery victims, and members who represent the judicial branch and executive branch agencies involved with victims of crime. The members shall serve for terms of four years. Any vacancy in the membership shall be filled by the appointing authority for the balance of the unexpired term. The members shall receive no compensation for their services. The council shall meet at least [six] four times a year. The council shall recommend to the Office of Victim Services program, legislative or other matters which would improve services to victims of crime and develop and coordinate needs assessments for both court-based and community-based victim services. The Chief Justice shall appoint two members to serve as [cochairmen] cochairpersons. Not later than December fifteenth of each year, the council shall report the results of its findings and activities to the Chief Court Administrator;
[(12)] (10) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed;
[(13)] (11) To recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government relative to victims of crime;
[(14)] (12) To provide support and assistance to state-wide victim services coalitions and groups;
[(15) Within available appropriations to establish a crime victims' information clearinghouse which shall be a central repository for information collected pursuant to subdivision (9) of this subsection and information made available through the criminal justice information system, to provide a toll-free telephone number for access to such information and to develop a plan, in consultation with all agencies required to provide notification to victims, outlining any needed statutory changes, resources and working agreements necessary to make the Office of Victim Services the lead agency for notification of victims, which plan shall be submitted to the General Assembly not later than February 15, 2000; ]
[(16)] (13) To provide a training program for judges, prosecutors, police, probation and parole personnel, bail commissioners, intake, assessment and referral specialists, officers from the Department of Correction and judicial marshals to inform them of victims' rights and available services;
[(17) To establish] (14) To (A) maintain, within available appropriations, a sexual assault forensic examiners program that will train and make available sexual assault forensic examiners to adolescent and adult victims of sexual assault who are patients at participating [acute care hospitals] health care facilities. In order to [establish and implement] maintain such program, the Office of Victim Services may apply for, receive, allocate, disburse and account for grants of funds made available by the United States, the state, foundations, corporations and other businesses, agencies or individuals; or (B) establish, within available appropriations, a training program for health care professionals in nonparticipating health care facilities on the care of and collection of evidence from adolescent and adult victims of sexual assault;
[(18)] (15) To provide victims of crime and the general public with information detailing the process by which a victim may register to receive notices of hearings of the Board of Pardons and Paroles; and
[(19)] (16) To submit to the joint standing committee of the General Assembly having cognizance of matters relating to victim services, in accordance with the provisions of section 11-4a, on or before January 15, 2000, and biennially thereafter a report of its activities under sections 54-201 to [54-233] 54-235, inclusive, as amended by this act. [including, but not limited to, implementation of training activities and mandates. Such report shall include the types of training provided, entities providing training and recipients of training. ]
Sec. 23. Section 54-204 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Any person who may be eligible for compensation [or restitution services, or both,] pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, may make application therefor to the Office of Victim Services. If the person entitled to make application is a minor or [incompetent] a person who lacks capacity, the application may be made on such person's behalf by a parent, guardian or other legal representative of the minor or [incompetent] person who lacks capacity.
(b) In order to be eligible for compensation [or restitution] services under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, the applicant shall, prior to a determination on any application made pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, submit reports if reasonably available from all physicians, [or] surgeons, [or] advanced practice registered nurses or mental health professionals who have treated or examined the victim in relation to the injury for which compensation is claimed at the time of or subsequent to the victim's injury or death. If in the opinion of the Office of Victim Services or, on review, a victim compensation commissioner, reports on the previous medical history of the victim, examination of the injured victim and a report thereon or a report on the cause of death of the victim by an impartial medical expert would be of material aid to its just determination, said office or commissioner shall order such reports and examinations. Any information received which is confidential in accordance with any provision of the general statutes shall remain confidential while in the custody of the Office of Victim Services or a victim compensation commissioner.
Sec. 24. Section 54-206 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The Office of Victim Services or, on review, a victim compensation commissioner may, as part of any order entered under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, determine and allow reasonable attorney's fees, which shall not exceed fifteen per cent of the amount awarded as compensation under section 54-208, as amended by this act, to be paid out of but not in addition to the amount of such compensation. No [such] attorney shall ask for, contract for or receive any larger sum than the amount so allowed.
(b) The attorney representing the victim shall pay providers as documented by the Office of Victim Services. The attorney shall communicate with providers regarding outstanding balances after attorney's fees are deducted, and shall ensure payment to such providers.
Sec. 25. Section 54-208 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) If a person [is injured] suffers a personal injury or is killed as provided in section 54-209, as amended by this act, the Office of Victim Services or, on review, a victim compensation commissioner may order the payment of compensation in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act: (1) To or for the benefit of the injured person; (2) in the case of personal injury of the victim, to any person responsible for the [maintenance] care of the victim who has suffered pecuniary loss as a result of such injury; [or] (3) in the case of death of the victim, to or for the benefit of any one or more of the dependents of the victim, including any dependent child of a homicide victim who was killed by the other parent or to any person who has suffered pecuniary loss, including, but not limited to, funeral expenses, as a result of such death; or (4) to any person who has suffered a pecuniary loss due to a crime scene cleanup.
(b) For the purposes of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, a person shall be deemed to have intended an act notwithstanding that, by reason of age, insanity, drunkenness or otherwise, [he] such person was legally incapable of forming a criminal intent.
(c) In determining whether to make an order under this section, the Office of Victim Services or, on review, a victim compensation commissioner shall consider all circumstances determined to be relevant, including, but not limited to, provocation, consent or any other behavior of the victim which directly or indirectly contributed to such victim's injury or death, the extent of the victim's cooperation in investigating the application and the extent of the victim's cooperation with law enforcement agencies in their efforts to apprehend and prosecute the offender, and any other relevant matters.
(d) An order may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of such act. [Upon application made by an appropriate prosecuting authority, the Office of Victim Services or a victim compensation commissioner may suspend making any determination or any proceedings, as the case may be, under sections 54-201 to 54-233, inclusive, for such period as it deems appropriate on the ground that a prosecution for an offense arising out of such act or omission has been commenced or is imminent. ]
(e) In determining the amount of compensation to be allowed, the Office of Victim Services or, on review, a victim compensation commissioner, shall take into consideration any amounts that the applicant has received or is eligible to receive from any other source or sources, including, but not limited to, payments from state and municipal agencies, [health] insurance benefits, and workers' compensation awards, as a result of the incident or offense giving rise to the application. For the purposes of this section, life insurance benefits received by the applicant shall not be taken into consideration by the Office of Victim Services or a victim compensation commissioner. In a case involving circumstances under which a victim of domestic violence, sexual assault or child abuse, or a claimant in such a case, believes that the dissemination of treatment information associated with a health insurance claim would cause undue harm, the Office of Victim Services may waive the consideration of health insurance as a collateral source.
(f) Payments shall be made in a manner to be determined by the Office of Victim Services, including, but not limited to, lump sum or periodic payments. If an award is not claimed by the applicant within forty-five days after notice of the award, the Office of Victim Services may [vacate] administratively close such award or may order payments from such award to health care providers or victim service providers and [vacate] administratively close any remaining amount of such award.
Sec. 26. Section 54-209 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The Office of Victim Services or, on review, a victim compensation commissioner, may order the payment of compensation in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, for personal injury or death which resulted from: (1) An attempt to prevent the commission of crime or to apprehend a suspected criminal or in aiding or attempting to aid a police officer so to do, (2) the commission or attempt to commit by another of any crime as provided in section 53a-24, (3) any crime that occurred outside the territorial boundaries of the United States that would be considered a crime within this state, provided the victim of such crime is a resident of this state, or (4) any crime involving international terrorism as defined in Section 2331 of Title 18 of the United States Code.
(b) The Office of Victim Services or, on review, a victim compensation commissioner, may also order the payment of compensation in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, for personal injury or death that resulted from the operation of a motor vehicle, water vessel, snow mobile or all-terrain vehicle by another person who was subsequently convicted with respect to such operation for a violation of subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, [or section] subdivision (3) of section 14-386a or section 15-132a, 15-140l, 15-140n, 53a-56b or 53a-60d. In the absence of a conviction, the Office of Victim Services or, on review, a victim compensation commissioner, may order payment of compensation under this section if, upon consideration of all circumstances determined to be relevant, the office or commissioner, as the case may be, reasonably concludes that another person has operated a motor vehicle in violation of subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, [or section] subdivision (3) of section 14-386a or section 15-132a, 15-140l, 15-140n, 53a-56b or 53a-60d.
(c) Except as provided in subsection (b) of this section, no act involving the operation of a motor vehicle which results in injury shall constitute a crime for the purposes of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, unless the injuries were intentionally inflicted through the use of the vehicle.
(d) In instances where a violation of section 53-21, 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b, [or] 53a-73a, 53a-82 or 53a-192a has been alleged, the Office of Victim Services or, on review, a victim compensation commissioner, may order compensation be paid if (1) the personal injury has been disclosed to: (A) A physician or surgeon licensed under chapter 370; (B) a resident physician or intern in any hospital in this state, whether or not licensed; (C) a physician assistant licensed under chapter 370; (D) an advanced practice registered nurse, registered nurse or practical nurse licensed under chapter 378; (E) a psychologist licensed under chapter 383; (F) a police officer; (G) a mental health professional; (H) an emergency medical services provider licensed or certified under chapter 368d; (I) an alcohol and drug counselor licensed or certified under chapter 376b; (J) a marital and family therapist licensed under chapter 383a; (K) a domestic violence counselor or a sexual assault counselor, as defined in section 52-146k; (L) a professional counselor licensed under chapter 383c; (M) a clinical social worker licensed under chapter 383b; [or] (N) an employee of the Department of Children and Families; or (O) a school principal, a school teacher or a school guidance counselor, and (2) the office or commissioner, as the case may be, reasonably concludes that a violation of any of said sections has occurred.
(e) In instances where a violation of section 53-21, 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82, 53a-192a or family violence, as defined in section 46b-38a, has been alleged, the Office of Victim Services or, on review, a victim compensation commissioner, may also order the payment of compensation under sections 54-201 to 54-218, inclusive, as amended by this act, for personal injury suffered by a victim (1) as reported in an application for a restraining order under section 46b-15 or an application for a civil protection order under section 46b-16a, as amended by this act, an affidavit supporting an application under section 46b-15 or section 46b-16a, as amended by this act, or on the record to the court, provided such restraining order or civil protection order was granted in the Superior Court following a hearing; or (2) as disclosed to a domestic violence counselor or a sexual assault counselor, as such terms are defined in section 52-146k.
[(e)] (f) Evidence of an order for the payment of compensation by the Office of Victim Services or a victim compensation commissioner in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, shall not be admissible in any civil proceeding to prove the liability of any person for such personal injury or death or in any criminal proceeding to prove the guilt or innocence of any person for any crime.
Sec. 27. Section 54-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The Office of Victim Services or a victim compensation commissioner may order the payment of compensation under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, for: (1) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim, provided coverage for the cost of medical care and treatment of a crime victim who does not have medical insurance or who has exhausted coverage under applicable health insurance policies or Medicaid shall be ordered; (2) loss of earning power as a result of total or partial incapacity of such victim; (3) pecuniary loss to the spouse or dependents of the deceased victim, provided the family qualifies for compensation as a result of murder or manslaughter of the victim; (4) pecuniary loss to an injured victim or the relatives or dependents of an injured victim or a deceased victim for attendance at court proceedings with respect to the criminal case of the person or persons charged with committing the crime that resulted in the injury or death of the victim; [and] (5) loss of wages by any parent or guardian of a deceased victim, provided the amount paid under this subsection shall not exceed one week's net wage; and (6) any other loss, except as set forth in section 54-211, as amended by this act, resulting from the personal injury or death of the victim which the Office of Victim Services or a victim compensation commissioner, as the case may be, determines to be reasonable.
(b) Payment of compensation under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, may be made to a person who is a recipient of public assistance or state-administered general assistance for necessary and reasonable expenses related to injuries resulting from a crime and not provided for by the income assistance program in which such person is a participant. Unless required by federal law, no such payment shall be considered an asset for purposes of eligibility for such assistance.
Sec. 28. Section 54-211 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) (1) No order for the payment of compensation shall be made under section 54-210, as amended by this act, unless (A) the application has been made within two years after the date of the personal injury or death, (B) the personal injury or death was the result of an incident or offense listed in section 54-209, as amended by this act, and (C) such incident or offense has been reported to the police within five days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within five days of the time when a report could reasonably have been made, except that a victim of a sexual assault shall not be ineligible for the payment of compensation by reason of failing to make a report pursuant to this subparagraph if such victim presented himself or herself to a health care facility within [seventy-two] one hundred twenty hours of such sexual assault for examination and collection of evidence of such sexual assault in accordance with the provisions of section 19a-112a, or if such victim complied with subsection (d) of section 54-209, as amended by this act. (2) Notwithstanding the provisions of subdivision (1) of this subsection, any person who, before, on or after October 1, 2005, fails to make application for compensation within two years after the date of the personal injury or death as a result of physical, emotional or psychological injuries caused by such personal injury or death may apply for a waiver of such time limitation. The Office of Victim Services, upon a finding of such physical, emotional or psychological injury, may grant such waiver. (3) Notwithstanding the provisions of subdivision (1) of this subsection, any minor, including, but not limited to, a minor who is a victim of conduct by another person that constitutes a violation of section 53a-192a or a criminal violation of 18 USC Chapter 77, who, before, on or after October 1, 2005, fails to make application for compensation within two years after the date of the personal injury or death through no fault of the minor, may apply for a waiver of such time limitation. The Office of Victim Services, upon a finding that such minor is not at fault, may grant such waiver. (4) Notwithstanding the provisions of subdivision (1) of this subsection, a person who is a dependent of a victim may make application for payment of compensation not later than two years from the date that such person discovers or in the exercise of reasonable care should have discovered that the person upon whom the applicant was dependent was a victim. [or ninety days after May 26, 2000, whichever is later. ] Such person shall file with such application a statement signed under penalty of false statement setting forth the date when such person discovered that the person upon whom the applicant was dependent was a victim and the circumstances that prevented such person discovering that the person upon whom the applicant was dependent was a victim until more than two years after the date of the incident or offense. There shall be a rebuttable presumption that a person who files such a statement and is otherwise eligible for compensation pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, is entitled to compensation. (5) Any waiver denied by the Office of Victim Services under this subsection may be reviewed by a victim compensation commissioner, provided such request for review is made by the applicant within thirty days from the mailing of the notice of denial by the Office of Victim Services. If a victim compensation commissioner grants such waiver, the commissioner shall refer the application for compensation to the Office of Victim Services for a determination pursuant to section 54-205, as amended by this act. (6) Notwithstanding the provisions of subdivision (1), (2) or (3) of this subsection, the Office of Victim Services may, for good cause shown and upon a finding of compelling equitable circumstances, waive the time limitations of subdivision (1) of this subsection.
(b) No compensation shall be awarded if: (1) The offender is unjustly enriched by the award, provided compensation awarded to a victim which would benefit the offender in a minimal or inconsequential manner shall not be considered unjust enrichment; (2) the victim violated a penal law of this state, which violation caused or contributed to his injuries or death.
(c) [No] Except as provided in subsection (d) of this section, no compensation shall be awarded for losses sustained for crimes against property or for noneconomic detriment such as pain and suffering.
(d) (1) No compensation shall be in an amount in excess of fifteen thousand dollars for personal injury except that: [compensation] (A) Compensation to or for the benefit of the dependents of a homicide victim shall be in an amount not to exceed twenty-five thousand dollars; [. The] (B) the claims of the dependents of a deceased victim, as provided in section 54-208, as amended by this act, shall be considered derivative of the claim of such victim and the total compensation paid for all claims arising from the death of such victim shall not exceed a maximum of twenty-five thousand dollars; and (C) in cases of emotional harm only, compensation for medical and mental health care shall be in an amount not to exceed five thousand dollars.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, the Office of Victim Services or a victim compensation commissioner may award additional compensation in an amount not to exceed five thousand dollars above the maximum amounts set forth in said subdivision to a personal injury victim, who is a minor at the time the application for compensation or restitution services is filed, when such victim has additional medical needs or mental health counseling needs.
[(2)] (3) Notwithstanding the provisions of subdivision (1) of this subsection, the Office of Victim Services or a victim compensation commissioner may, for good cause shown and upon a finding of compelling equitable circumstances, award compensation in an amount in excess of the maximum amounts set forth in said subdivision.
(e) Orders for payment of compensation pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, may be made only as to injuries or death resulting from incidents or offenses arising on and after January 1, 1979, except that orders for payment of compensation pursuant to subsection (b) of section 54-209, as amended by this act, may be made only as to injuries or death resulting from incidents or offenses arising on and after July 1, 1985.
(f) Compensation shall be awarded pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, for [bodily] personal injury or death resulting from a crime which occurs (1) within this state, regardless of the residency of the applicant; (2) outside this state but within the territorial boundaries of the United States, provided the victim, at the time of injury or death, was a resident of this state and the state in which such crime occurred does not have a program for compensation of victims for which such victim is eligible; [and] (3) outside the territorial boundaries of the United States, provided the victim was a resident of this state at the time of injury or death, the crime would be considered a crime within the State of Connecticut, and the country in which such crime occurred does not have a program for compensation of victims for which such victim is eligible; and (4) outside the territorial boundaries of the United States, provided the applicant is a victim of international terrorism, as defined in Section 2331 of Title 18 of the United States Code, and was a resident of this state at the time of injury or death.
Sec. 29. Section 54-211a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
Any applicant aggrieved by an order or decision of a victim compensation commissioner may appeal by way of a demand for a trial de novo to the superior court for the judicial district of Hartford. The appeal shall be [taken within] filed not later than thirty days after [mailing of the order or decision, or if there is no mailing, within thirty days after personal delivery of such order or decision] the date on which an order or decision is sent to the applicant by first class mail or electronic mail. Delivery by electronic mail is complete upon sending the electronic notice of the order or decision unless the sender of such electronic mail learns that the attempted delivery did not reach the electronic mail address of the intended recipient.
Sec. 30. Section 54-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Whenever an order for the payment of compensation for personal injury or death or for the provision of [restitution] compensation services is or has been made under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, the Office of Victim Services shall, upon payment of the amount of the order or the provision of such services, be subrogated to the cause of action of the applicant against the person or persons responsible for such injury or death. The Attorney General, on behalf of the Office of Victim Services, shall be entitled to bring an action and, if the Attorney General declines to do so, the office may hire a private attorney to bring an action against such person or persons and to recover, whether by judgment, settlement or compromise settlement before or after judgment, the amount of damages sustained by the applicant and shall furnish the applicant with a copy of the action taken within thirty days of the filing of such action. If an amount greater than two-thirds of that paid pursuant to any such order is recovered and collected in any such action, whether by judgment, settlement or compromise settlement before or after judgment, the state shall pay the balance exceeding two-thirds of the amount paid pursuant to such order to the applicant less any costs and expenses incurred therefor.
(b) If the applicant brings an action against the person or persons responsible for such injury or death to recover damages arising out of the crime for which an award has been granted, or, if the applicant recovers money from any other source or sources including, but not limited to, payments from state or municipal agencies, insurance benefits or workers' compensation awards as a result of the incident or offense giving rise to the application, the Office of Victim Services shall have a lien on the applicant's recovery for the amount to which the office is entitled to reimbursement. If an action is brought by the applicant against the person or persons responsible for the injury or death, the applicant shall notify the Office of Victim Services of the filing of such complaint within thirty days of the filing of the complaint in court. Whenever an applicant recovers damages, whether by judgment, settlement or compromise settlement before or after judgment, from the person or persons responsible for such injury, and whenever an applicant recovers money from any other source or sources including, but not limited to, payments from state or municipal agencies, insurance benefits or workers' compensation awards as a result of the incident or offense giving rise to the application, the Office of Victim Services is entitled to reimbursement from the applicant for two-thirds of the amount paid pursuant to any order for the payment of compensation for personal injury or death. [or for the provision of restitution services. ]
(c) Notwithstanding the provisions of subsection (a) of this section, if the Office of Victim Services finds that enforcement of its subrogation rights would cause undue harm to the applicant, the office may abrogate such rights. Notwithstanding the provisions of subsection (b) of this section, if the Office of Victim Services finds that enforcement of its lien rights would cause undue harm to the applicant, the office may abrogate such rights. "Undue harm" includes, but is not limited to, considerations of victim safety and recovery by the applicant of an amount that is less than the applicant's compensable economic losses.
Sec. 31. Section 54-213 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
No award made pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, shall be subject to execution or attachment other than for expenses resulting from the injury which is the basis for the claim.
Sec. 32. Section 54-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The Office of Victim Services shall establish a Criminal Injuries Compensation Fund for the purpose of funding the compensation [and restitution] services provided for by sections 54-201 to [54-233] 54-218, inclusive, as amended by this act. The fund may contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. The interest derived from the investment of the fund shall be credited to the fund. Amounts in the fund may be expended only pursuant to appropriation by the General Assembly, except that any recovery from the person or persons responsible for the injury or death or any reimbursement from the applicant received by the Office of Victim Services pursuant to section 54-212, as amended by this act, and deposited in the fund may be expended in the subsequent fiscal year. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding.
(b) The cost paid into court under section 54-143 shall be deposited in the General Fund and shall be credited to and become a part of the Criminal Injuries Compensation Fund. Any restitution collected by the Court Support Services Division pursuant to section 46b-140, 53a-30, as amended by this act, or 54-56e which is not disbursed within five years after the date such restitution is collected, because the victim could not be located, shall be deposited in the Criminal Injuries Compensation Fund. Any restitution collected pursuant to section 46b-140 or 54-56e on or before May 8, 1997, that has not been disbursed as of October 1, 2003, shall be deposited in the fund. If payment is awarded under section 54-210, as amended by this act, and thereafter the court orders the defendant in the criminal case from which such injury or death resulted to make restitution, any money collected as restitution shall be paid to the fund unless the court directs otherwise. The Office of Victim Services may apply for and receive moneys for the fund from any federal, state or private source.
(c) Any administrative costs related to the operation of the Criminal Injuries Compensation Fund, including credits to and payments of compensation therefrom, shall be paid from the fund. Administrative costs of providing direct services, the proportionate share of any fixed costs associated with such services, the costs of providing direct services to victims and witnesses of crimes in accordance with subdivision [(6)] (5) of subsection (b) of section 54-203, as amended by this act, and any services offered by the Office of Victim Services to witnesses and victims of crime may be budgeted for payment from the fund.
Sec. 33. Section 54-216 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The Office of Victim Services or, on review, a victim compensation commissioner may order [that] payment for services [be provided for the restitution of] to any person determined to be eligible for such services in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act. Such services may include, but shall not be limited to, medical, psychiatric, psychological and social services and social rehabilitation services.
(b) The Office of Victim Services or, on review, a victim compensation commissioner, may order that such [restitution] services be provided to victims of child abuse and members of their families, victims of sexual assault and members of their families, victims of domestic violence and members of their families, members of the family of any victim of homicide, and children who witness domestic violence, including, but not limited to, children who are not related to the victim. For the purposes of this subsection, "members of their families" or "member of the family" does not include the person responsible for such child abuse, sexual assault, domestic violence or homicide.
(c) The Office of Victim Services may contract with any public or private agency for any services ordered under this section.
Sec. 34. Section 54-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
Notwithstanding the provisions of sections 54-204, as amended by this act, and 54-205, as amended by this act, if [it appears to the Office of Victim Services, prior to taking action upon a claim and] based upon a review of all information [then] available, [to] the Office of Victim Services [, that such] determines that a claim is one with respect to which [an award probably will be made and] undue hardship will result to the claimant if payment is not expedited, the Office of Victim Services may [make an emergency award to the claimant pending a final determination on the claimant's application, provided (1) the amount of such emergency award shall not exceed two thousand dollars, (2) the amount of such emergency award shall be deducted from any final award made to the claimant, and (3) the excess of the amount of such emergency award over the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the claimant to the Office of Victim Services] expedite the processing of such claim.
Sec. 35. Section 54-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Victim advocates shall have the following responsibilities and duties: (1) To provide initial screening of each personal injury case; (2) to assist victims in the preparation of victim impact statements; [to be placed in court files; ] (3) to notify victims of their rights and request that each victim so notified attest to the fact of such notification of rights on a form developed by the Office of the Chief Court Administrator, which form shall be signed by the victim advocate and the victim and be placed in court files and a copy of which form shall be provided to the victim; (4) to provide information and advice to victims in order to assist such victims in exercising their rights throughout the criminal justice process; (5) to direct victims to public and private agencies for service; (6) to coordinate victim applications to the Office of Victim Services; and (7) to assist victims in the processing of claims for restitution.
(b) Notwithstanding any provision of the general statutes, upon request, a victim advocate shall be provided with a copy of any police report in the possession of the Office of the Chief State's Attorney, the Division of State Police within the Department of Emergency Services and Public Protection, any municipal police department or any other law enforcement agency that the victim advocate requires to perform the responsibilities and duties set forth in subsection (a) of this section.
[(b)] (c) Within available appropriations, the Office of Victim Services may contract with any public or private agency for victim advocate services in geographical area courts.
Sec. 36. Section 54-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Upon receipt of notice from an inmate pursuant to section 54-227, the Office of Victim Services shall notify by [certified] mail all persons who have requested to be notified pursuant to subsection (a) of section 54-228 and section 54-229 whenever such inmate makes application for release or sentence reduction or review. Such notice shall be in writing and notify each person of the nature of the release or sentence reduction or review being applied for, the address and telephone number of the board or agency to which the application by the inmate was made, and the date and place of the hearing or session, if any, scheduled on the application.
(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227, the Office of Victim Services shall notify by [certified] mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228 whenever such person files an application with the court to be exempted from the registration requirements of section 54-251 pursuant to subsections (b) or (c) of said section or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption or of the restriction or removal of the restriction being applied for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.
(c) Upon compliance with the notification requirements of this section, the Office of Victim Services shall notify, on a form prescribed by the Office of the Chief Court Administrator, the board, agency or court to which the application or petition was made of such compliance.
(d) Upon receipt of notice from the Department of Correction pursuant to section 54-231, the Office of Victim Services shall notify by [certified] mail all victims who have requested to be notified pursuant to section 54-228 whenever such inmate is scheduled to be released from a correctional institution. Such notice shall be in writing and notify each victim of the date of such inmate's release. The victim shall notify the Office of Victim Services of his or her current mailing address and telephone number, which shall be kept confidential and shall not be disclosed by the Office of Victim Services. Nothing in this section shall be construed to prohibit the Office of Victim Services, the Board of Pardons and Paroles and the Victim Services Unit within the Department of Correction from communicating with each other for the purpose of facilitating notification to a victim and disclosing to each other the name, mailing address and telephone number of the victim, provided such information shall not be further disclosed.
Sec. 37. Section 54-230a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Upon receipt of notice from an inmate pursuant to section 54-227, the Victim Services Unit within the Department of Correction shall notify by [certified] mail all persons who have requested to be notified pursuant to subsection (a) of section 54-228 and section 54-229 whenever such inmate makes application for release or sentence reduction or review. Such notice shall be in writing and notify each person of the nature of the release or sentence reduction or review being applied for, the address and telephone number of the board or agency to which the application by the inmate was made, and the date and place of the hearing or session, if any, scheduled on the application.
(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227, the Victim Services Unit within the Department of Correction shall notify by [certified] mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228 whenever such person files an application with the court to be exempted from the registration requirements of section 54-251 pursuant to subsections (b) or (c) of said section or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption or of the restriction or the removal of the restriction being applied for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.
(c) Upon compliance with the notification requirements of this section, the Victim Services Unit within the Department of Correction shall notify, on a form prescribed by the Office of the Chief Court Administrator, the board, agency or court to which the application or petition was made of such compliance.
Sec. 38. (NEW) (Effective October 1, 2017) If at any point in the debt collection process, whether before or after the entry of judgment, a health care provider, a consumer collection agency acting on behalf of a health care provider, an attorney representing a health care provider or an employee or agent of a health care provider, becomes aware and receives notice from the Office of Victim Services that a debtor from whom payment is sought has a pending claim under sections 54-201 to 54-218, inclusive, of the general statutes, as amended by this act, relating to the treatment that resulted in the debt, such health care provider, consumer collection agency, attorney, employee or agent, shall promptly discontinue any collection efforts until (1) an award is made on such claim, (2) the claim is approved without payment, or (3) the claim is determined to be noncompensable pursuant to section 54-208 of the general statutes, as amended by this act. Any applicable statute of limitations for the collection of such debt shall be tolled during the period for which the suspension of debt collection is required pursuant to this section. For the purposes of this section "health care provider" has the same meaning as "provider" under section 20-7b of the general statutes, and includes an institution, as defined in section 19a-490 of the general statutes, and any health care institution or facility operated by the state.
Sec. 39. Subsection (a) of section 54-56p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The court may, in its discretion, invoke a program on motion of a defendant or on motion of a state's attorney or prosecuting attorney with respect to a defendant who (1) [is] was under twenty-one years of age at the time of the offense, (2) is charged with a motor vehicle violation, or a violation of section 30-88a, subsection (a) or (b) of section 30-89 or section 30-89a, and (3) has not previously had such program invoked in such person's behalf.
Sec. 40. Section 53a-46d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
A victim impact statement prepared with the assistance of a victim advocate [to be placed in court files] in accordance with subdivision (2) of subsection (a) of section 54-220, as amended by this act, may be read in court prior to imposition of sentence upon a defendant found guilty of a crime punishable by death or life imprisonment without the possibility of release.
Sec. 41. Subsection (a) of section 46b-133g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall develop and implement a detention risk assessment instrument to be used to determine, based on the risk level, whether there is: (1) Probable cause to believe that a child will pose a risk to public safety if released to the community prior to the court hearing or disposition, or (2) a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process. Such instrument shall be used when assessing whether a child should be detained pursuant to section 46b-133. Any detention screening shall be subject to the protections of subsection [(l)] (k) of section 46b-124, as amended by this act.
Sec. 42. Subsection (b) of section 19a-112f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(b) The committee shall advise the Office of Victim Services on the establishment and implementation of the sexual assault forensic examiners program pursuant to subdivision [(17)] (14) of subsection (b) of section 54-203, as amended by this act, and section 19a-112g. The committee shall make specific recommendations concerning: (1) The recruitment of registered nurses, advanced practice registered nurses and physicians to participate in such program; (2) the development of a specialized training course concerning such program for registered nurses, advanced practice registered nurses and physicians who participate in the program; (3) the development of agreements between the Judicial Branch, the Department of Public Health and acute care hospitals relating to the scope of services offered under the program and hospital standards governing the provision of such services; (4) individual case tracking mechanisms; (5) utilization of medically accepted best practices; and (6) the development of quality assurance measures.
Sec. 43. Subsection (a) of section 54-202 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) On or before July 1, 1993, the Governor shall appoint five victim compensation commissioners for a term of four years to conduct hearings and make determinations as provided in sections 54-201 to [54-233] 54-218, inclusive, as amended by this act. To be eligible for appointment, a victim compensation commissioner shall have been admitted to the practice of law in this state for at least five years prior to the appointment.
Sec. 44. Section 54-205 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Upon application made under the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, the Office of Victim Services shall evaluate such application, make an appropriate determination in writing, and provide notice to the applicant of such determination. In order to make a determination on an application, the Office of Victim Services may administer oaths or affirmations, may subpoena any witness to appear or may issue a subpoena duces tecum, provided no subpoena shall be issued except under the signature of a victim compensation commissioner. Any application to any court for aid in enforcing such subpoena may be made in the name of the Office of Victim Services only by a victim compensation commissioner. Subpoenas shall be served by any person designated by a victim compensation commissioner.
(b) An applicant may request that a determination made pursuant to subsection (a) of this section be reviewed by a victim compensation commissioner by filing a request for review with the Office of Victim Services, on a form prescribed by the Office of the Chief Court Administrator, within thirty days from mailing of the notice of such determination.
(c) For the purposes of carrying out the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, a victim compensation commissioner shall hear any request for review filed by an applicant pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, to which such commissioner is assigned and shall make a written determination on such application for compensation. A victim compensation commissioner shall hold such hearings and take such testimony as such commissioner may deem advisable. A commissioner may administer oaths or affirmations to witnesses and shall have full power to subpoena any witness to appear and give testimony or to issue a subpoena duces tecum. Subpoenas shall be served by any person designated by a victim compensation commissioner.
(d) No witness under subpoena authorized to be issued by the provisions of this section shall be excused from testifying or from producing records, papers or documents. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to him by the victim compensation commissioner or to produce any records, papers or documents and appears pursuant thereto, said commissioner may apply to the superior court for the judicial district of Hartford, setting forth such disobedience to process or refusal to answer. The court shall cite such person to appear before said court to answer such question or to produce such records, papers or documents or to show cause why a question put to him should not be answered or why such records, papers or documents should not be produced. Upon such person's refusal to answer or produce records, papers or documents or to show cause, the court may commit such person to a community correctional center until such person complies, but not for a longer period than sixty days. Notwithstanding any such commitment of such person, the victim compensation commissioner may proceed with the hearing as if such witness had testified adversely regarding his interest in the proceeding.
(e) The applicant and any other person having a substantial interest in a proceeding may appear before the victim compensation commissioner and be heard, produce evidence and cross-examine witnesses in person or by his attorney. The victim compensation commissioner also may hear such other persons as in the commissioner's judgment may have relevant evidence to submit.
(f) Any statement, document, information or matter may be considered by the Office of Victim Services or, on review, by a victim compensation commissioner, if in the opinion of said office or commissioner, it contributes to a determination of the claim, whether or not the same would be admissible in a court of law.
(g) If any person has been convicted of any offense with respect to an act on which a claim under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed by such person, unless an appeal or any proceeding with regard thereto is pending.
Sec. 45. Section 54-207a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
The Office of the Chief Court Administrator shall prescribe such policies and procedures, as deemed necessary, to implement the provisions of sections 54-201 to [54-233] 54-235, inclusive, as amended by this act, and may formulate standards for the uniform application of the payment of compensation of claims.
Sec. 46. (NEW) (Effective January 1, 2018) (a) A person is guilty of filing a false record against real or personal property when with intent to defraud, deceive, injure or harass another, he or she files, or causes to be filed with a municipality, a record he or she knows, or reasonably should know, is false. As used in this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, and includes any record that is recorded in the office of the town clerk.
(b) A person is guilty of filing a false record under sections 42a-9-501 to 42a-9-526, inclusive, of the general statutes, when with intent to defraud, deceive, injure or harass another, he or she files, or causes to be filed with the Secretary of the State or a municipality, a record he or she knows, or reasonably should know, is false.
(c) Filing of a false record is a class D felony.
Sec. 47. Section 42a-9-518 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.
(b) An information statement under subsection (a) of this section must:
(1) Identify the record to which it relates by:
(A) The file number assigned to the initial financing statement to which the record relates; or
(B) If the information statement relates to a record recorded in a filing office described in subdivision (1) of subsection (a) of section 42a-9-501, the book and page number on which or the date and time that the initial financing statement was recorded;
(2) Indicate that it is an information statement; and
(3) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.
(c) A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under subsection (d) of section 42a-9-509.
(d) An information statement under subsection (c) of this section must:
(1) Identify the record to which it relates by:
(A) The file number assigned to the initial financing statement to which the record relates; or
(B) If the information statement relates to a record recorded in a filing office described in subdivision (1) of subsection (a) of section 42a-9-501, the book and page number on which or the date and time that the initial financing statement was recorded;
(2) Indicate that it is an information statement; and
(3) Provide the basis for the person's belief that the person that filed the record was not entitled to do so under subsection (d) of section 42a-9-509.
(e) The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.
(f) (1) A person identified in any record filed pursuant to sections 42a-9-501 to 42a-9-526, inclusive, may petition the Tax and Administrative Appeals Session of the Superior Court to invalidate a record, when such record was falsely filed or amended. The court shall review such petition and determine whether cause exists to doubt the validity of such record. Upon a determination that such cause exists, the court shall, not later than sixty days after the date of such determination, hold a hearing to determine whether to invalidate such record or grant any other relief deemed appropriate by the court. There shall be no fee to petition for a hearing under this section. The person petitioning the court to invalidate a record shall send a copy of the petition to all parties named in such record.
(2) A person who files a petition under subdivision (1) of this subsection shall include, as part of such petition, a certified copy of the record that such person seeks to invalidate.
(3) In determining whether cause exists to doubt the validity of a record under subdivision (1) of this subsection, the court may consider factors that include, but are not limited to, whether (A) the record is related to a valid existing commercial or financial transaction, or a potential commercial or financial transaction, or a judgment of a court of competent jurisdiction; (B) the same individual is named as both debtor and creditor; (C) an individual is named as a transmitting utility; and (D) the record has been filed with the intent to defraud, deceive, injure or harass a person, business or governmental entity.
(4) If the court determines after a hearing that a record identified in a petition filed pursuant to subdivision (1) of this subsection is not valid, the court shall render a judgment that such record is void in its entirety and shall direct the custodian of such record, when feasible, to note that such record is not valid. The court may grant such other relief as it deems appropriate. The petitioner under subdivision (1) of this subsection shall provide a copy of the petition and the judgment of the court granting such petition to the custodian of the record adjudged invalid by the court.
Sec. 48. (NEW) (Effective January 1, 2018) (a) A person, as defined in section 42a-1-201 of the general statutes, who has been identified in a filing pursuant to chapters 821 to 822, inclusive, of the general statutes, may petition the Tax and Administrative Appeals Session of the Superior Court to invalidate such filing, or any amendment thereof, when such filing was falsely filed or amended. The court shall review such petition and determine whether cause exists to doubt the validity of such filing or amendment. Upon a determination that such cause exists, the court shall, not later than sixty days after the date of such determination, hold a hearing to determine whether to invalidate such filing or amendment or grant any other relief deemed appropriate by the court. There shall be no fee to petition for a hearing under this section. The person petitioning the court to invalidate a filing shall send a copy of such petition to all parties named in such filing.
(b) A person who files a petition under subsection (a) of this section shall include, as part of such petition, a certified copy of the filing, and any amendment thereof, that such person seeks to invalidate.
(c) In determining whether cause exists to doubt the validity of a filing or amendment under subsection (a) of this section, the court may consider factors that include, but are not limited to, whether (1) the filing or amendment is related to a valid existing commercial, financial or real estate transaction, or a potential commercial, financial or real estate transaction, or a judgment of a court of competent jurisdiction; (2) the same individual is named as both debtor and creditor; (3) an individual is named as a transmitting utility; and (4) the filing or amendment has been filed with the intent to defraud, deceive, injure or harass a person, business or governmental entity.
(d) If the court determines after a hearing that a filing identified in a petition filed pursuant to subsection (a) of this section is not valid, the court shall render a judgment that such filing is void in its entirety and shall direct the custodian of such filing, when feasible, to note that such filing is not valid. The court may grant such other relief as it deems appropriate. The petitioner under subsection (a) of this section shall provide a copy of the petition and the judgment of the court granting such petition to the custodian of the filing adjudged invalid by the court.
Sec. 49. Subsection (a) of section 52-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) There shall be paid to the clerks for entering each appeal or writ of error to the Supreme Court, or entering each appeal to the Appellate Court, as the case may be, two hundred fifty dollars, and for each civil cause in the Superior Court, three hundred sixty dollars, except (1) two hundred thirty dollars for entering each case in the Superior Court in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars; (2) one hundred seventy-five dollars for summary process and landlord and tenant actions; [and] (3) there shall be no entry fee for making an application to the Superior Court for relief under section 46b-15 or 46b-16a, as amended by this act, or for making an application to modify or extend an order issued pursuant to section 46b-15 or 46b-16a, as amended by this act; and (4) there shall be no entry fee for a petition brought under subsection (f) of section 42a-9-518, as amended by this act, and section 48 of this act. If the amount, legal interest or property in demand by the plaintiff is alleged to be less than two thousand five hundred dollars, a new entry fee of seventy-five dollars shall be charged if the plaintiff amends his or her complaint to state that such demand is not less than two thousand five hundred dollars.
Sec. 50. Section 47-36bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
[Any conveyance of an interest in land to a trust rather than the trustee or trustees of the trust shall constitute a valid and enforceable transfer of that interest. Any conveyance by the trust, which conveyance is signed by a duly authorized trustee of such trust, shall be treated as if the conveyance was made by the trustee. ]
(a) Any transfer of an interest in real property to a trust, rather than to the trustee or trustees of the trust, shall constitute a valid and enforceable transfer of such interest.
(b) Any subsequent transfer of such interest in real property, or any portion or part thereof (1) made by the trust and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by such duly authorized trustee, or (2) made and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by the trust.
(c) Any instrument whose grantor, grantee, releasor, releasee, assignor, assignee, transferor or transferee is a trust shall be indexed by the town clerk in the name of the trust identified in such instrument and also in the name or names of all trustees identified in such instrument.
(d) With respect to any instrument that has been recorded in the land records and whose grantor, releasor, assignor or transferor is a trust, it shall be presumed, in the absence of evidence in the land records indicating otherwise, that the (1) person who executed such instrument on the trust's behalf was duly authorized to so act, and (2) trust on whose behalf such person acted contained a provision conferring upon the trustee or trustees, the power to convey an interest in real property.
Sec. 51. Sections 46b-147a, 54-225 and 54-233 of the general statutes are repealed. (Effective October 1, 2017)
Sec. 52. Section 51-349 of the general statutes is repealed. (Effective from passage)