Bill Text: CT HB05554 | 2014 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Duties Of State Marshals.
Spectrum: Moderate Partisan Bill (Democrat 7-1-1)
Status: (Passed) 2014-06-03 - Signed by the Governor [HB05554 Detail]
Download: Connecticut-2014-HB05554-Comm_Sub.html
General Assembly |
Substitute Bill No. 5554 | |
February Session, 2014 |
*_____HB05554JUD___033114____* |
AN ACT CONCERNING THE DUTIES OF STATE MARSHALS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 6-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(a) Each state marshal shall receive each process directed to such marshal when tendered, execute it promptly and make true return thereof; and shall, without any fee, give receipts when demanded for all civil process delivered to such marshal to be served, specifying the names of the parties, the date of the writ, the time of delivery and the sum or thing in demand. If any state marshal does not duly and promptly execute and return any such process or makes a false or illegal return thereof, such marshal shall be liable to pay double the amount of all damages to the party aggrieved.
(b) Each state marshal shall have access to, and use of, the Connecticut on-line law enforcement communications teleprocessing system without charge.
Sec. 2. Section 53a-130 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(a) A person is guilty of criminal impersonation when such person: (1) Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another; or (2) pretends to be a state marshal with intent to obtain a benefit or induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense; or [(2)] (3) pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or [(3)] (4) pretends to be a public servant other than a sworn member of an organized local police department or the Division of State Police within the Department of Emergency Services and Public Protection, or wears or displays without authority any uniform, badge or shield by which such public servant is lawfully distinguished, with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense; or [(4)] (5) with intent to defraud, deceive or injure another, uses an electronic device to impersonate another and such act results in personal injury or financial loss to another or the initiation of judicial proceedings against another.
(b) The provisions of subdivision [(4)] (5) of subsection (a) of this section shall not apply to a law enforcement officer acting in the performance of his or her official duties.
(c) Criminal impersonation is a class A misdemeanor.
Sec. 3. Section 52-50 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(a) All process shall be directed to a state marshal, a constable or other proper officer authorized by statute, or, subject to the provisions of subsection (b) of this section, to an indifferent person. A direction on the process "to any proper officer" shall be sufficient to direct the process to a state marshal, constable or other proper officer.
(b) Process shall not be directed to an indifferent person unless more defendants than one are named in the process and are described to reside in different counties in the state, or unless, in case of a writ of attachment, the plaintiff or one of the plaintiffs, or his or their agent or attorney, makes oath before the authority signing the writ that the affiant truly believes the plaintiff is in danger of losing his debt or demand unless an indifferent person is deputed for the immediate service of the writ or other process. The authority signing the writ shall certify on the writ that he administered the oath and insert in the writ the name of the person to whom it is directed, but he need not insert the reason for such direction. Any process directed to an indifferent person by reason of such an affidavit shall be abatable on proof that the party making the affidavit did not have reasonable grounds, at the time of making it, for believing the statements in the affidavit to be true. Any indifferent person who, knowing that he is not authorized to do so under this section or any other provision of the general statutes, serves process shall be guilty of a class A misdemeanor.
(c) Service of motions for modification, motions for contempt and wage withholdings in any matter involving a beneficiary of care or assistance from the state and in other IV-D child support cases may be made by any investigator employed by the Commissioner of Administrative Services or the Commissioner of Social Services.
(d) Service of motions for modification, motions for contempt and wage withholdings in any matter involving child support, including, but not limited to, petitions for support authorized under sections 17b-745 and 46b-215, and those matters involving a beneficiary of care or assistance from the state, and service of other process in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, may be made by a support enforcement officer or support services investigator of the Superior Court.
(e) Borough bailiffs may, within their respective boroughs, execute all legal process which state marshals or constables may execute.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2014 |
6-32 |
Sec. 2 |
October 1, 2014 |
53a-130 |
Sec. 3 |
October 1, 2014 |
52-50 |
Statement of Legislative Commissioners:
In section 3(b), "Any indifferent person who knowingly serves process without authorization to do so under this section or under any other provision of the general statutes shall be guilty of a class A misdemeanor." was changed to "Any indifferent person who, knowing that he is not authorized to do so under this section or any other provision of the general statutes, serves process shall be guilty of a class A misdemeanor.", for clarity and consistency with other provisions of the general statutes.
JUD |
Joint Favorable Subst. -LCO |