Bill Text: CT SB00319 | 2016 | General Assembly | Comm Sub
Bill Title: An Act Concerning Notification To Schools Of Protective Or Restraining Orders Affecting Students.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-04-13 - Referred by Senate to Committee on Judiciary [SB00319 Detail]
Download: Connecticut-2016-SB00319-Comm_Sub.html
General Assembly |
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February Session, 2016 |
*_____SB00319ED____032116____* |
AN ACT CONCERNING NOTIFICATION TO SCHOOLS OF PROTECTIVE OR RESTRAINING ORDERS AFFECTING STUDENTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2016) If any person who is enrolled in a public elementary or secondary school, including a technical high school, is (1) listed as a protected person on any lawful protective or temporary restraining orders, including, but not limited to, orders issued pursuant to section 46b-15, 46b-16a, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r of the general statutes, as amended by this act, or (2) a person against whom any such order has been issued, not later than seventy-two hours following the granting of such order, the clerk of the Superior Court shall, unless otherwise requested by such person described in subdivision (1) of this section, send, by facsimile or other means, a copy of such order or the information contained in any such order, to the local or regional board of education responsible for educating such person and the superintendent of schools of the school district in which such person resides or attends school, or in the case of a person enrolled in a technical high school, to the technical high school system board and the superintendent of the technical high school system. The superintendent shall maintain such order and information in a secure location and such order and information shall be maintained as confidential in a manner consistent with sections 46b-124 and 54-76l of the general statutes. The superintendent shall disclose such order and information only to the principal of the school in which such person is a student. The principal may disclose such information only to a teacher of such person, any school employee responsible for the pick-up or drop-off of such person at the school, or special services staff or a consultant, such as a psychiatrist, psychologist or social worker, for the purposes of an assessment for effectuating an appropriate modification of such person's educational plan or placement, and for disciplinary purposes. If such order was granted during the school year, such assessment shall be completed not later than the end of the next school day. Such order and information with respect to a child under eighteen years of age shall be confidential in a manner consistent with sections 46b-124 and 54-76l of the general statutes, and shall only be disclosed as provided in this section and shall not be further disclosed.
Sec. 2. Subsection (g) of section 46b-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(g) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to subsection (b) of this section to be served on the respondent not less than five days before the hearing. The cost of such service shall be paid for by the Judicial Branch. Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides. The clerk of the court shall send, by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, within forty-eight hours of the issuance of such order. If the victim is enrolled in a [public or] private elementary or secondary school, [including a technical high school,] or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the victim is enrolled and the special police force established pursuant to section 10a-156b, if any, at the institution of higher education at which the victim is enrolled. If the victim or respondent is a student enrolled in a public elementary or secondary school, including a technical high school, unless otherwise requested by the victim, the clerk of the court shall send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to the local or regional board of education responsible for educating such student and the superintendent of schools of the school district in which such student resides or attends school, or in the case of a student enrolled in a technical high school, to the technical high school system board and the superintendent of the technical high school system, in accordance with the provisions of section 1 of this act.
Sec. 3. Subsection (d) of section 46b-16a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(d) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to subsection (b) of this section to be served by a proper officer on the respondent not less than five days before the hearing. The cost of such service shall be paid for by the Judicial Branch. Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides. The clerk of the court shall send, by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, not later than forty-eight hours after the issuance of such order. If the applicant is enrolled in a [public or] private elementary or secondary school, [including a technical high school,] or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the applicant, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the applicant is enrolled and the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the applicant is enrolled. If the applicant or respondent is a student enrolled in a public elementary or secondary school, including a technical high school, unless otherwise requested by the applicant, the clerk of the court shall send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to the local or regional board of education responsible for educating such student and the superintendent of schools of the school district in which such student resides or attends school, or in the case of a student enrolled in a technical high school, to the technical high school system board and the superintendent of the technical high school system, in accordance with the provisions of section 1 of this act.
Sec. 4. Subsection (d) of section 46b-38c of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(d) In all cases of family violence, a written or oral report that indicates whether the parties in the family violence case are parties to a case pending on the family relations docket of the Superior Court and includes recommendation of the local family violence intervention unit shall be available to a judge at the first court date appearance to be presented at any time during the court session on that date. A judge of the Superior Court may consider and impose the following conditions to protect the parties, including, but not limited to: (1) Issuance of a protective order pursuant to subsection (e) of this section; (2) prohibition against subjecting the victim to further violence; (3) referral to a family violence education program for persons who commit acts of family violence; and (4) immediate referral for more extensive case assessment. Such protective order shall be an order of the court, and the clerk of the court shall cause (A) a copy of such order to be sent to the victim, and (B) a copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the law enforcement agency for the town in which the victim resides and, if the defendant resides in a town different from the town in which the victim resides, to the law enforcement agency for the town in which the defendant resides. If the victim is employed in a town different from the town in which the victim resides, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such order, or the information contained in such order, to the law enforcement agency for the town in which the victim is employed not later than forty-eight hours after the issuance of such order. If the victim is enrolled in a [public or] private elementary or secondary school, [including a technical high school,] or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such order, or the information contained in such order, to such school or institution of higher education, the president of any institution of higher education at which the victim is enrolled and the special police force established pursuant to section 10a-156b, if any, at the institution of higher education at which the victim is enrolled. If the victim or defendant is a student enrolled in a public elementary or secondary school, including a technical high school, unless otherwise requested by the victim, the clerk of the court shall send, by facsimile or other means, a copy of such order, or the information contained in such order, to the local or regional board of education responsible for educating such student and the superintendent of schools of the school district in which such student resides or attends school, or in the case of a student enrolled in a technical high school, to the technical high school system board and the superintendent of the technical high school system, in accordance with the provisions of section 1 of this act.
Sec. 5. Section 53a-40e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) If any person is convicted of (1) a violation of subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b, 53a-183, 53a-223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said sections or section 53a-54a, or (2) any crime that the court determines constitutes a family violence crime, as defined in section 46b-38a, or attempt or conspiracy to commit any such crime, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a or 53a-36, if the court is of the opinion that the history and character and the nature and circumstances of the criminal conduct of such offender indicate that a standing criminal protective order will best serve the interest of the victim and the public, issue a standing criminal protective order which shall remain in effect for a duration specified by the court until modified or revoked by the court for good cause shown. If any person is convicted of any crime not specified in subdivision (1) or (2) of this subsection, the court may, for good cause shown, issue a standing criminal protective order pursuant to this subsection.
(b) Such standing criminal protective order may include, but need not be limited to, provisions enjoining the offender from (1) imposing any restraint upon the person or liberty of the victim; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the victim; or (3) entering the family dwelling or the dwelling of the victim.
(c) Such standing criminal protective order shall include the following notice: "In accordance with section 53a-223a of the Connecticut general statutes, violation of this order shall be punishable by a term of imprisonment of not less than one year nor more than ten years, a fine of not more than ten thousand dollars, or both.".
(d) If the victim or offender is a student enrolled in a public elementary or secondary school, including a technical high school, unless otherwise requested by the victim, the clerk of the court shall send, by facsimile or other means, a copy of such standing criminal protective order, or the information contained in such standing criminal protective order, to the local or regional board of education responsible for educating such student and the superintendent of schools of the school district in which such student resides or attends school, or in the case of a student enrolled in a technical high school, to the technical high school system board and the superintendent of the technical high school system, in accordance with the provisions of section 1 of this act.
[(d)] (e) For the purposes of this section and any other provision of the general statutes, "standing criminal protective order" means (1) a standing criminal restraining order issued prior to October 1, 2010, or (2) a standing criminal protective order issued on or after October 1, 2010.
Sec. 6. Subsection (a) of section 54-1k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Upon the arrest of a person for a violation of subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, or any attempt thereof, or section 53a-181c, 53a-181d or 53a-181e, the court may issue a protective order pursuant to this section. Upon the arrest of a person for a violation of section 53a-182b or 53a-183, the court may issue a protective order pursuant to this section if it finds that such violation caused the victim to reasonably fear for his or her physical safety. Such order shall be an order of the court, and the clerk of the court shall cause (1) a copy of such order, or the information contained in such order, to be sent to the victim, and (2) a copy of such order, or the information contained in such order, to be sent by facsimile or other means not later than forty-eight hours after its issuance to the law enforcement agency or agencies for the town in which the victim resides, the town in which the victim is employed and the town in which the defendant resides. If the victim is enrolled in a [public or] private elementary or secondary school, [including a technical high school,] or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such order, or the information contained in such order, to such school or institution of higher education, the president of any institution of higher education at which the victim is enrolled and the special police force established pursuant to section 10a-156b, if any, at the institution of higher education at which the victim is enrolled. If the victim or defendant is a student enrolled in a public elementary or secondary school, including a technical high school, unless otherwise requested by the victim, the clerk of the court shall send, by facsimile or other means, a copy of such order, or the information contained in such order, to the local or regional board of education responsible for educating such student and the superintendent of schools of the school district in which such student resides or attends school, or in the case of a student enrolled in a technical high school, to the technical high school system board and the superintendent of the technical high school system, in accordance with the provisions of section 1 of this act.
Sec. 7. Section 54-82q of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Upon application of a prosecutorial official, a court may issue a temporary restraining order prohibiting the harassment of a witness in a criminal case if the court finds, from specific facts shown by affidavit or verified complaint, that there are reasonable grounds to believe that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of an offense under section 53a-151 or 53a-151a.
(b) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party's attorney if the court finds, upon written certification of facts by the prosecutorial official, that such notice should not be required and that there is a reasonable probability that the state will prevail on the merits. A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in its terms and describe in reasonable detail, and not by reference to the complaint or other document, the act or acts being restrained.
(c) A temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court that issued the order.
(d) A temporary restraining order issued under this section shall expire at such time as the court directs, not to exceed ten days from issuance. The court, for good cause shown before expiration of the order, may extend the expiration date of the order for not more than ten days or for a longer period if agreed to by the adverse party. If the prosecutorial official files an application for a protective order pursuant to section 54-82r, as amended by this act, prior to the expiration date of the temporary restraining order, the temporary restraining order shall remain in effect until the court makes a decision on the issuance of such protective order.
(e) If, on two days' notice to the prosecutorial official or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion expeditiously.
(f) When a temporary restraining order is issued without notice, an application for a protective order filed pursuant to section 54-82r, as amended by this act, shall be privileged in assignment for hearing and shall take precedence over all other matters except matters of the same character, and, if the prosecutorial official does not proceed with such application at such hearing, the temporary restraining order shall be dissolved.
(g) If the identified witness in a criminal case or adverse party is a student enrolled in a public elementary or secondary school, including a technical high school, unless otherwise requested by the identified witness in a criminal case, the clerk of the court shall send, by facsimile or other means, a copy of the temporary restraining order issued under this section, or the information contained in such temporary restraining order, to the local or regional board of education responsible for educating such student and the superintendent of schools of the school district in which such student resides or attends school, or in the case of a student enrolled in a technical high school, to the technical high school system board and the superintendent of the technical high school system, in accordance with the provisions of section 1 of this act.
Sec. 8. Section 54-82r of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Upon application of a prosecutorial official, a court may issue a protective order prohibiting the harassment of a witness in a criminal case if the court, after a hearing at which hearsay evidence shall be admissible, finds by a preponderance of the evidence that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of a violation of section 53a-151 or 53a-151a. Any adverse party named in the complaint has the right to present evidence and cross-examine witnesses at such hearing. Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of such order to be sent to the witness, and a copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the appropriate law enforcement agency.
(b) A protective order shall set forth the reasons for the issuance of such order, be specific in terms and describe in reasonable detail, and not by reference to the complaint or other document, the act or acts being restrained. A protective order issued under this section may include provisions necessary to protect the witness from threats, harassment, injury or intimidation by the adverse party including, but not limited to, enjoining the adverse party from (1) imposing any restraint upon the person or liberty of the witness, (2) threatening, harassing, assaulting, molesting or sexually assaulting the witness, or (3) entering the dwelling of the witness. Such order shall contain the following language: "In accordance with section 53a-223 of the Connecticut general statutes, any violation of this order constitutes criminal violation of a protective order which is punishable by a term of imprisonment of not more than ten years, a fine of not more than ten thousand dollars, or both. Additionally, in accordance with section 53a-107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both.". If the adverse party is the defendant in the criminal case, such order shall be made a condition of the bail or release of the defendant and shall also contain the following language: "Violation of this order also violates a condition of your bail or release and may result in raising the amount of bail or revoking release.".
(c) The protective order shall remain in effect for the duration of the criminal case except as otherwise ordered by the court.
(d) If a protected witness in a criminal case or an adverse party is a student enrolled in a public elementary or secondary school, including a technical high school, unless otherwise requested by the protected witness in a criminal case, the clerk of the court shall send, by facsimile or other means, a copy of the protective order issued under this section, or the information contained in such protective order, to the local or regional board of education responsible for educating such student and the superintendent of schools of the school district in which such student resides or attends school, or in the case of a student enrolled in a technical high school, to the technical high school system board and the superintendent of the technical high school system, in accordance with the provisions of section 1 of this act.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
New section |
Sec. 2 |
October 1, 2016 |
46b-15(g) |
Sec. 3 |
October 1, 2016 |
46b-16a(d) |
Sec. 4 |
October 1, 2016 |
46b-38c(d) |
Sec. 5 |
October 1, 2016 |
53a-40e |
Sec. 6 |
October 1, 2016 |
54-1k(a) |
Sec. 7 |
October 1, 2016 |
54-82q |
Sec. 8 |
October 1, 2016 |
54-82r |
Statement of Legislative Commissioners:
In Section 1, added reference to section 54-76l for consistency and deleted "or supervisory agent" for accuracy. In Sections 1 to 8, inclusive, references to "technical high school system board" and "superintendent of the technical high school system" were added for consistency.
ED |
Joint Favorable Subst. |