Bill Text: CT SB00462 | 2014 | General Assembly | Introduced
Bill Title: An Act Concerning Civil Restraining And Protective Orders.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2014-04-24 - Favorable Report, Tabled for the Calendar, Senate [SB00462 Detail]
Download: Connecticut-2014-SB00462-Introduced.html
General Assembly |
Raised Bill No. 462 | ||
February Session, 2014 |
LCO No. 2534 | ||
*02534_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING CIVIL RESTRAINING AND PROTECTIVE ORDERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (b) of section 46b-15 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(b) The application form shall allow the applicant, at the applicant's option, to indicate whether the respondent holds a permit to carry a pistol or revolver or possesses one or more firearms or ammunition. The application shall be accompanied by an affidavit made under oath which includes a brief statement of the conditions from which relief is sought. Upon receipt of the application the court shall order that a hearing on the application be held not later than fourteen days from the date of the order. The court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant and such dependent children or other persons as the court sees fit. 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 temporary child custody or visitation rights, and such relief may include, but is not limited to, an order: [enjoining] (1) Enjoining the respondent from [(1)] (A) imposing any restraint upon the person or liberty of the applicant, [; (2)] (B) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant, [; or (3)] (C) entering the family dwelling or the dwelling of the applicant, (D) until a hearing is held on the application, taking any action that could result in the termination of utility services or other necessary services related to the family dwelling or the dwelling of the applicant, (E) until a hearing is held on the application, taking any action that could result in the cancellation, change of coverage or change of beneficiary of any health, automobile or homeowners insurance policy to the detriment of the applicant or dependent children of the applicant and respondent, or (F) transferring, encumbering, concealing or disposing of specified property owned or leased by the applicant or respondent; (2) that provides the applicant or respondent with temporary possession of specified personal property, including, but not limited to, an automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key or other personal effects; or (3) in any matter in which the respondent has the legal duty to do so and the ability to pay and if necessary to maintain the safety or basic needs of the applicant or dependent children of the applicant and respondent, that the respondent, for a period of time not to exceed one hundred twenty days, (A) make rent or mortgage payments on the family dwelling or the dwelling of the applicant, (B) maintain utility services or other necessary services for the family dwelling or the dwelling of the applicant, (C) maintain all existing heath, automobile or homeowners insurance coverage without change in coverage or beneficiary designation, or (D) provide any other financial support to the applicant or dependent children of the applicant and respondent. Such order may include provisions necessary to protect any animal owned or kept by the applicant including, but not limited to, an order enjoining the respondent from injuring or threatening to injure such animal. If an applicant alleges an immediate and present physical danger to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate, except that such ex parte order shall not include the relief set forth in subdivision (3) of this subsection. If a postponement of a hearing on the application is requested by either party and granted, the ex parte order shall not be continued except upon agreement of the parties or by order of the court for good cause shown. If a hearing on the application is scheduled or an ex parte order is granted and the court is closed on the scheduled hearing date, the hearing shall be held on the next day the court is open and any such ex parte order shall remain in effect until the date of such hearing.
Sec. 2. Subsection (c) of section 46b-15 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(c) Every order of the court made in accordance with this section shall contain the following language: (1) "This order may be extended by the court beyond one year. In accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars or both."; and (2) "In accordance with section 53a-223b of the Connecticut general statutes, any violation of subparagraph (A) or (B) of subdivision (2) of subsection (a) of section 53a-223b constitutes criminal violation of a restraining order which is punishable by a term of imprisonment of not more than five years, a fine of not more than five thousand dollars, or both. Additionally, any violation of subparagraph (C) or (D) of subdivision (2) of subsection (a) of section 53a-223b constitutes criminal violation of a restraining 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.".
Sec. 3. (Effective from passage) (a) There is established a task force to study service of restraining orders issued pursuant to section 46b-15 of the general statutes, as amended by this act. Such study shall include, but not be limited to, an examination of: (1) Policies, procedures and regulations relating to the service of such restraining orders by state marshals, including any policies, procedures or regulations relating to the methods by which a state marshal is initially notified of the need to effectuate service of a restraining order; (2) the length of time available to effectuate service of a restraining order; (3) the permissible methods of service; (4) the effectiveness of the respondent profile information sheet and marshal access to databases containing identifiable respondent information; (5) reimbursement rates for service of restraining orders, including an assessment of reimbursement rates used in other states; (6) best practices established by other states, if any, with respect to service of restraining orders; and (7) the feasibility of expanding which persons shall be authorized to serve restraining orders.
(b) The task force shall consist of the following members:
(1) Two appointed by the president pro tempore of the Senate, one of whom shall be a representative of the Connecticut Coalition Against Domestic Violence and one of whom shall be a representative of the office of the Chief State's Attorney;
(2) Two appointed by the speaker of the House of Representatives, one of whom shall be a representative of the Speaker's Task Force on Domestic Violence and one of whom shall be a victim of domestic violence;
(3) Two appointed by the majority leader of the Senate, one of whom shall be a representative of the State Marshal Commission and one of whom serves as an advocate for victims of domestic violence;
(4) Two appointed by the majority leader of the House of Representatives, one of whom shall be a representative of the state police force and one of whom serves as a state marshal;
(5) Two appointed by the minority leader of the Senate, one of whom shall be a representative of the Connecticut Police Chiefs Association and one of whom shall be a representative of the Office of the Chief Public Defender;
(6) Two appointed by the minority leader of the House of Representatives, one of whom shall be a representative of the legal aid assistance programs in the state and one of whom serves as a state marshal;
(7) Two appointed by the Governor, one of whom shall be a representative of the Connecticut Police Chiefs Association and one of whom shall be a representative of the Office of the Victim Advocate; and
(8) Two appointed by the Chief Court Administrator, one of whom shall be a judge of the Superior Court assigned to hear civil matters and one of whom shall be an employee of the Judicial Branch whose duties concern the operations of the Superior Court.
(c) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(d) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
(e) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary shall serve as administrative staff of the task force.
(f) Not later than December 15, 2014, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or December 15, 2014, whichever is later.
Sec. 4. Section 53a-223 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 violation of a protective order when an order issued pursuant to subsection (e) of section 46b-38c, as amended by this act, or section 54-1k, as amended by this act, or 54-82r, as amended by this act, has been issued against such person, and such person violates such order.
(b) No person who is listed as a protected person in such protective order may be criminally liable for (1) soliciting, requesting, commanding, importuning or intentionally aiding in the violation of the protective order pursuant to subsection (a) of section 53a-8, or (2) conspiracy to violate such protective order pursuant to section 53a-48.
(c) Criminal violation of a protective order is a class D felony, except that any violation of a protective order that involves (1) imposing any restraint upon the person or liberty of a person in violation of the protective order, or (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking a person in violation of the protective order is a class C felony.
Sec. 5. Section 53a-223a 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 violation of a standing criminal protective order when an order issued pursuant to subsection (a) of section 53a-40e has been issued against such person, and such person violates such order.
(b) No person who is listed as a protected person in such standing criminal protective order may be criminally liable for (1) soliciting, requesting, commanding, importuning or intentionally aiding in the violation of the standing criminal protective order pursuant to subsection (a) of section 53a-8, or (2) conspiracy to violate such standing criminal protective order pursuant to section 53a-48.
(c) Criminal violation of a standing criminal protective order is a class D felony, except that any violation that involves (1) imposing any restraint upon the person or liberty of a person in violation of the standing criminal protective order, or (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking a person in violation of the standing criminal protective order is a class C felony.
Sec. 6. Section 53a-223b 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 violation of a restraining order when (1) (A) a restraining order has been issued against such person pursuant to section 46b-15, as amended by this act, or (B) a foreign order of protection, as defined in section 46b-15a, has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another, and (2) such person, having knowledge of the terms of the order, (A) does not stay away from a person or place in violation of the order, (B) contacts a person in violation of the order, (C) imposes any restraint upon the person or liberty of a person in violation of the order, or (D) threatens, harasses, assaults, molests, sexually assaults or attacks a person in violation of the order.
(b) No person who is listed as a protected person in such restraining order or foreign order of protection may be criminally liable for (1) soliciting, requesting, commanding, importuning or intentionally aiding in the violation of the restraining order or foreign order of protection pursuant to subsection (a) of section 53a-8, or (2) conspiracy to violate such restraining order or foreign order of protection pursuant to section 53a-48.
(c) [Criminal] (1) Except as provided in subdivision (2) of this subsection, criminal violation of a restraining order is a class D felony.
(2) Criminal violation of a restraining order is a class C felony, if the offense is a violation of subparagraph (C) or (D) of subdivision (2) of subsection (a) of this section.
Sec. 7. Subsection (e) of section 46b-38c of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(e) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including, but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim, (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, or (3) entering the family dwelling or the dwelling of the victim. A protective order issued under this section may include provisions necessary to protect any animal owned or kept by the victim including, but not limited to, an order enjoining the defendant from injuring or threatening to injure such animal. Such order shall be made a condition of the bail or release of the defendant and shall contain the following notification: "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 [five] ten years, a fine of not more than [five] 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. 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." 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. The information contained in and concerning the issuance of any protective order issued under this section shall be entered in the registry of protective orders pursuant to section 51-5c.
Sec. 8. Subsection (b) of section 54-1k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(b) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim, (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, or (3) entering the dwelling of the victim. A protective order issued under this section may include provisions necessary to protect any animal owned or kept by the victim including, but not limited to, an order enjoining the defendant from injuring or threatening to injure such animal. Such order shall be made a condition of the bail or release of the defendant and 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 [five] ten years, a fine of not more than [five] 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. 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.".
Sec. 9. Subsection (b) of section 54-82r of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(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 [five] ten years, a fine of not more than [five] 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.".
Sec. 10. Subsection (c) of section 53a-40e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(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 [five] ten years, a fine of not more than [five] ten thousand dollars, or both.".
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2014 |
46b-15(b) |
Sec. 2 |
October 1, 2014 |
46b-15(c) |
Sec. 3 |
from passage |
New section |
Sec. 4 |
October 1, 2014 |
53a-223 |
Sec. 5 |
October 1, 2014 |
53a-223a |
Sec. 6 |
October 1, 2014 |
53a-223b |
Sec. 7 |
October 1, 2014 |
46b-38c(e) |
Sec. 8 |
October 1, 2014 |
54-1k(b) |
Sec. 9 |
October 1, 2014 |
54-82r(b) |
Sec. 10 |
October 1, 2014 |
53a-40e(c) |
Statement of Purpose:
To: (1) Provide increased protections to persons who seek a restraining order under section 46b-15 of the general statutes, (2) establish a task force to study issues relating to the service of such restraining orders by state marshals, and (3) strengthen criminal penalties for the violation of a restraining order or a protective order.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]