Bill Text: CT SB00650 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Concerning Temporary Restraining Orders.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-06-03 - Matter Pass Retained [SB00650 Detail]
Download: Connecticut-2015-SB00650-Comm_Sub.html
General Assembly |
|||
January Session, 2015 |
LCO No. 6064 | ||
*06064SB00650JUD* | |||
Referred to Committee on JUDICIARY |
|||
Introduced by: |
|||
(JUD) |
|||
AN ACT CONCERNING TEMPORARY RESTRAINING ORDERS.
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 Section 6-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(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) When serving a restraining order issued pursuant to section 46b-15, as amended by this act, or a civil protection order issued pursuant to section 46b-16a, a state marshal shall indicate whether the service was successful or unsuccessful and if successful the date, time and place of service and whether such service was in hand or abode service.
(c) A state marshal (1) may access the Judicial Branch's Internet-based service tracking system, and (2) shall, as soon as possible, but not later than two hours after the time that service is effectuated for a restraining order issued pursuant to section 46b-15, as amended by this act, or a civil protection order issued pursuant to section 46b-16a, input into the service tracking system the date, time and method of service. If prior to the date of the scheduled hearing concerning the restraining order or civil protection order, service has not been effectuated, a state marshal shall input into the service tracking system that service was unsuccessful.
[(b)] (d) A civil [protective] protection order constitutes civil process for purposes of the powers and duties of a state marshal. The cost of serving a civil [protective] protection order shall be paid by the Judicial Branch in the same manner as the cost of serving a restraining order issued pursuant to section 46b-15, as amended by this act, and fees and expenses associated with the serving of a civil [protective] protection order shall be calculated in accordance with subsection (a) of section 52-261, as amended by this act.
Sec. 2. Subsection (j) of section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(j) The commission may adopt such rules as it deems necessary for conduct of its internal affairs. [and] The commission shall adopt regulations in accordance with the provisions of chapter 54 for: [the] (1) The application and investigation requirements for filling vacancies in the position of state marshal; (2) the provision of consistent and reliable access to a state marshal for persons applying for a restraining order under section 46b-15, as amended by this act; (3) the provision of services to persons with limited English proficiency; (4) the provision of services to persons who are deaf or hearing impaired; and (5) service of process that is a photographic copy, micrographic copy or other electronic image of an original document that clearly and accurately copies such original document.
Sec. 3. Section 46b-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Any family or household member, as defined in section 46b-38a, who has been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening, including, but not limited to, a pattern of threatening, as described in section 53a-62, by another family or household member may make an application to the Superior Court for relief under this section.
(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, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate, an ammunition certificate 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 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; or (3) entering the family dwelling or the dwelling of the applicant. 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. 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.
(c) If the court issues an ex parte order pursuant to subsection (b) of this section, with a hearing date to be held not later than fourteen days from the date of the order, and service has not been made on the respondent in conformance with subsection (h) of this section by the date of the hearing, and the applicant is in attendance at such hearing, the court shall continue the hearing to such date as necessary to achieve service on the respondent and shall extend any ex parte order until such date, but not to exceed fourteen days from the originally scheduled hearing date, unless the applicant requests the court not to continue the ex parte order. The clerk shall prepare a new order of hearing and notice containing the new hearing date, which shall be served upon the respondent in accordance with the provisions of this section, along with all of the documents initially intended for service, not less than three days before the new hearing date. If service has not been made on the respondent by the date of the second hearing on the application, the ex parte order shall not be continued.
[(c)] (d) Any ex parte restraining order entered under subsection (b) of this section in which the applicant and respondent are spouses, or persons who have a dependent child or children in common and who live together, may include, if no order exists, and if necessary to maintain the safety and basic needs of the applicant or the dependent child or children in common of the applicant and respondent, in addition to any orders authorized under subsection (b) of this section, any of the following: (1) An order prohibiting the respondent from (A) taking any action that could result in the termination of any necessary utility services or necessary services related to the family dwelling or the dwelling of the applicant, (B) 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 the dependent child or children in common of the applicant and respondent, or (C) transferring, encumbering, concealing or disposing of specified property owned or leased by the applicant; or (2) an order providing the applicant with temporary possession of an automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key or other necessary specified personal effects.
[(d)] (e) At the hearing on any application under this section, if the court grants relief pursuant to subsection (b) of this section and the applicant and respondent are spouses, or persons who have a dependent child or children in common and who live together, and if necessary to maintain the safety and basic needs of the applicant or the dependent child or children in common of the applicant and respondent, any orders entered by the court may include, in addition to the orders authorized under subsection (b) of this section, any of the following: (1) An order prohibiting the respondent from (A) taking any action that could result in the termination of any necessary utility services or services related to the family dwelling or the dwelling of the applicant, (B) 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 the dependent child or children in common of the applicant and respondent, or (C) transferring, encumbering, concealing or disposing of specified property owned or leased by the applicant; (2) an order providing the applicant with temporary possession of an automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key or other necessary specified personal effects; or (3) an order that the respondent: (A) Make rent or mortgage payments on the family dwelling or the dwelling of the applicant and the dependent child or children in common of the applicant and respondent, (B) maintain utility services or other necessary services related to the family dwelling or the dwelling of the applicant and the dependent child or children in common of the applicant and respondent, (C) maintain all existing health, automobile or homeowners insurance coverage without change in coverage or beneficiary designation, or (D) provide financial support for the benefit of any dependent child or children in common of the applicant and the respondent, provided the respondent has a legal duty to support such child or children and the ability to pay. The court shall not enter any order of financial support without sufficient evidence as to the ability to pay, including, but not limited to, financial affidavits. If at the hearing no order is entered under this subsection or subsection [(c)] (d) of this section, no such order may be entered thereafter pursuant to this section. Any order entered pursuant to this subsection shall not be subject to modification and shall expire one hundred twenty days after the date of issuance or upon issuance of a superseding order, whichever occurs first. Any amounts not paid or collected under this subsection or subsection [(c)] (d) of this section may be preserved and collectible in an action for dissolution of marriage, custody, paternity or support.
[(e)] (f) 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 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. 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.".
[(f)] (g) No order of the court shall exceed one year, except that an order may be extended by the court upon motion of the applicant for such additional time as the court deems necessary. If the respondent has not appeared upon the initial application, service of a motion to extend an order may be made by first-class mail directed to the respondent at the respondent's last-known address.
[(g) The] (h) (1) Except as provided in subdivision (2) of this subsection, 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] three days before the hearing.
(2) When (A) an application indicates that a respondent holds a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate, an ammunition certificate or possesses one or more firearms or ammunition, and (B) the court has issued an ex parte order pursuant to subsection (b) of this section, service of process shall be effectuated by a police officer in lieu of service by a proper officer. When service is to be effectuated by a police officer, the clerk of the court shall send, by facsimile or other means, the application, the applicant's affidavit, the ex parte order and the notice of the hearing to the law enforcement agency, for the town in which the respondent resides, not later than two hours after the issuance of such order. The law enforcement agency shall receive all process directed to such agency. A police officer of the law enforcement agency shall promptly execute such service and make true return thereof. Service of process by a police officer on a respondent shall be in hand. At the time a police officer effectuates service, the respondent shall surrender all pistols, revolvers, other firearms and ammunition in the control, ownership or possession of such respondent to the police officer. In the event that pistols, revolvers, other firearms and ammunition cannot be surrendered by the respondent to the police officer at the time service is effectuated because such pistols, revolvers, other firearms and ammunition are at a location other than the location where service is effectuated, the respondent shall, not later than twenty-four hours after the time service is effectuated, transfer, deliver or surrender such pistols, revolvers, other firearms and ammunition in accordance with section 29-36k, as amended by this act. When service is effectuated by a police officer, the information contained in the application or applicant's affidavit shall not alone constitute grounds for arrest under subsection (a) of section 46b-38b. A photographic copy, a micrographic copy or other electronic image that clearly and accurately copies the application, the applicant's affidavit, any ex parte order and the notice of hearing shall be permitted when effectuating service under this section.
[The cost of such service] (3) All costs incurred in effectuating service of process under this section, except service effectuated by a police officer, 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 or police officer shall (A) 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, and (B) as soon as possible, but not later than two hours after the time that service is effectuated, input into the Judicial Branch's Internet-based service tracking system the date, time and method of service. If, prior to the date of the scheduled hearing, service has not been effectuated, the proper officer or police officer shall input into the service tracking system that service was unsuccessful.
(4) 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. 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. 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.
[(h)] (i) A caretaker who is providing shelter in his or her residence to a person sixty years or older shall not be enjoined from the full use and enjoyment of his or her home and property. The Superior Court may make any other appropriate order under the provisions of this section.
[(i)] (j) When a motion for contempt is filed for violation of a restraining order, there shall be an expedited hearing. Such hearing shall be held within five court days of service of the motion on the respondent, provided service on the respondent is made not less than twenty-four hours before the hearing. If the court finds the respondent in contempt for violation of an order, the court may impose such sanctions as the court deems appropriate.
[(j)] (k) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief.
(l) For purposes of this section "police officer" has the same meaning as provided in section 54-1t, and "law enforcement agency" has the same meaning as provided in section 54-1t.
Sec. 4. Section 52-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Except as provided in [subsection (b)] subsections (b) and (c) of this section and section 52-261a, each officer or person, other than a police officer as defined in section 54-1t, who serves process, summons or attachments on behalf of: (1) An official of the state or any of its agencies, boards or commissions, or any municipal official acting in his or her official capacity, shall receive a fee of not more than thirty dollars for each process served and an additional fee of thirty dollars for the second and each subsequent service of such process, except that such officer or person shall receive an additional fee of ten dollars for each subsequent service of such process at the same address or for notification of the office of the Attorney General in dissolution and postjudgment proceedings if a party or child is receiving public assistance; and (2) any person, except a person described in subdivision (1) of this subsection, shall receive a fee of not more than forty dollars for each process served and an additional fee of forty dollars for the second and each subsequent service of such process, except that such officer or person shall receive an additional fee of twenty dollars for each subsequent service of such process at the same address or for notification of the office of the Attorney General in dissolution and postjudgment proceedings if a party or child is receiving public assistance. Each such officer or person shall also receive the fee set by the Department of Administrative Services for state employees for each mile of travel, to be computed from the place where such officer or person received the process to the place of service, and thence in the case of civil process to the place of return. If more than one process is served on one person at one time by any such officer or person, the total cost of travel for the service shall be the same as for the service of one process only. Each officer or person who serves process shall also receive the moneys actually paid for town clerk's fees on the service of process. Any officer or person required to summon jurors by personal service of a warrant to attend court shall receive for the first ten miles of travel while so engaged, such mileage to be computed from the place where such officer or person receives the process to the place of service, twenty-five cents for each mile, and for each additional mile, ten cents. For summoning any juror to attend court otherwise than by personal service of the warrant, such officer or person shall receive only the sum of fifty cents and actual disbursements necessarily expended by such officer or person in making service thereof as directed. Notwithstanding the provisions of this section, for summoning grand jurors, such officer or person shall receive only such officer's or person's actual expenses and such reasonable sum for services as are taxed by the court. The following fees shall be allowed and paid: (A) For taking bail or bail bond, one dollar; (B) for copies of writs and complaints, exclusive of endorsements, one dollar per page, not to exceed a total amount of nine hundred dollars in any particular matter; (C) for endorsements, forty cents per page or fraction thereof; (D) for service of a warrant for the seizure of intoxicating liquors, or for posting and leaving notices after the seizure, or for the destruction or delivery of any such liquors under order of court, twenty dollars; (E) for the removal and custody of such liquors so seized, reasonable expenses, and twenty dollars; (F) for the levy of an execution, when the money is actually collected and paid over, or the debt or a portion of the debt is secured by the officer, fifteen per cent on the amount of the execution, provided the minimum fee for such execution shall be thirty dollars; (G) on the levy of an execution on real property and on application for sale of personal property attached, to each appraiser, for each half day of actual service, reasonable and customary expenses; (H) for causing an execution levied on real property to be recorded, fees for travel, twenty dollars and costs; (I) for services on an application for the sale of personal property attached, or in selling mortgaged property foreclosed under a decree of court, the same fees as for similar services on executions; (J) for committing any person to a community correctional center, in civil actions, twenty-one cents a mile for travel, from the place of the court to the community correctional center, in lieu of all other expenses; and (K) for summoning and attending a jury for reassessing damages or benefits on a highway, three dollars a day. The court shall tax as costs a reasonable amount for the care of property held by any officer under attachment or execution. The officer serving any attachment or execution may claim compensation for time and expenses of any person, in keeping, securing or removing property taken thereon, provided such officer shall make out a bill. The bill shall specify the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what. The compensation for the services shall be reasonable and customary and the amount of expenses and shall be taxed by the court with the costs.
(b) Each officer or person shall receive the following fees: (1) For service of an execution on a summary process judgment, not more than fifty dollars; and (2) for removal under section 47a-42 of a defendant or other occupant bound by a summary process judgment, and the possessions and personal effects of such defendant or other occupant, not more than one hundred dollars per hour.
(c) The cost of service of a restraining order, issued pursuant to section 46b-15, as amended by this act, and fees and expenses associated with the service of such restraining order shall be calculated in accordance with subsection (a) of this section, except that round trip mileage for up to two attempts at in-hand service of such restraining order may be calculated if such service is eventually effectuated, with any additional fees authorized only by a court order for good cause shown.
Sec. 5. (NEW) (Effective October 1, 2015) In each Superior Court where a restraining order issued under section 46b-15 of the general statutes, as amended by this act, may be made returnable, the Chief Court Administrator shall, where feasible, work to allocate space in such court so as to permit a meeting between a person seeking service of the notice of hearing and any order issued under section 46b-15 of the general statutes, as amended by this act, and a state marshal.
Sec. 6. (NEW) (Effective October 1, 2015) (a) The Chief Court Administrator shall revise and simplify the process for filing an application for relief from abuse under section 46b-15 of the general statutes, as amended by this act. The Chief Court Administrator shall ensure that any person seeking to file an application for relief from abuse is provided with a one-page, plain language explanation on how to apply for relief from abuse under section 46b-15 of the general statutes, as amended by this act.
(b) The Chief Court Administrator shall annually collect data on (1) the number of restraining or protective orders issued under section 46b-15, as amended by this act, or 46b-16a; (2) the method of service of such orders in cases in which a respondent is successfully served with the order; and (3) the number of such orders issued that subsequently expire or are dismissed because the respondent could not be served with the order.
Sec. 7. (Effective from passage) The State Marshal Commission shall study its "marshal of the day" practice, which is used for the collection, dissemination and service of restraining and protective orders. Such study shall include, but not be limited to, an examination of the wait times for applicants as a result of such practice and whether such practice promotes efficient and timely service of restraining and protective orders. On or before February 1, 2016, the State Marshal Commission shall report, in accordance with the provisions of section 11-4a of the general statutes, on the results of such study to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
Sec. 8. Section 29-36k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) [Not later than two business days] Except as provided in subsection (b) of this section, not later than two business days after the occurrence of any event that makes a person ineligible to possess a pistol or revolver or other firearm or ammunition, such person shall (1) transfer in accordance with section 29-33 all pistols and revolvers which such person then possesses to any person eligible to possess a pistol or revolver and transfer in accordance with any applicable state and federal laws all other firearms to any person eligible to possess such other firearms by obtaining an authorization number for the sale or transfer of the firearm from the Commissioner of Emergency Services and Public Protection, and submit a sale or transfer of firearms form to said commissioner within two business days, [except that a person subject to a restraining or protective order or a foreign order of protection may only transfer a pistol, revolver or other firearm or ammunition under this subdivision to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm and ammunition to the federally licensed firearms dealer,] or (2) deliver or surrender such pistols and revolvers and other firearms and ammunition to the Commissioner of Emergency Services and Public Protection or a law enforcement agency, or (3) transfer such ammunition to any person eligible to possess such ammunition. The commissioner or a law enforcement agency shall exercise due care in the receipt and holding of such pistols and revolvers and other firearms or ammunition. [For the purposes of this section, a "person subject to a restraining or protective order or a foreign order of protection" means a person who knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice and an opportunity to be heard has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person.]
(b) Immediately, but in no event more than twenty-four hours after notice has been provided to a person subject to a restraining or protective order or a foreign order of protection, such person shall (1) transfer any pistol, revolver, other firearm or ammunition that such person then possesses to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver, other firearm and ammunition to the federally licensed firearms dealer, or (2) deliver or surrender such pistols, revolvers, other firearms and ammunition to the Commissioner of Emergency Services and Public Protection or a law enforcement agency.
[(b)] (c) Such person, or such person's legal representative, may, at any time up to one year after such delivery or surrender to the Commissioner of Emergency Services and Public Protection or a law enforcement agency, transfer such pistols and revolvers in accordance with the provisions of section 29-33 to any person eligible to possess a pistol or revolver and transfer such other firearms and ammunition, in accordance with any applicable state and federal laws, to any person eligible to possess such other firearms and ammunition, provided any person subject to a restraining or protective order or a foreign order of protection, or such person's legal representative, may only transfer such pistol, revolver or other firearm or ammunition to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm or ammunition to the federally licensed firearms dealer. Upon notification in writing by the transferee and such person, the Commissioner of Emergency Services and Public Protection or law enforcement agency shall, within ten days, deliver such pistols and revolvers or other firearms or ammunition to the transferee. If, at the end of such year, such pistols and revolvers or other firearms or ammunition have not been so transferred, the commissioner or law enforcement agency shall cause them to be destroyed.
[(c)] (d) Any person who fails to transfer, deliver or surrender any such pistols and revolvers and other firearms or ammunition as provided in this section shall be subject to the penalty provided for in section 53a-217, as amended by this act, or 53a-217c, as amended by this act.
(e) For the purposes of this section: (1) "Person subject to a restraining or protective order or a foreign order of protection" means a person who knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person; and (2) "law enforcement agency" has the same meaning as provided in section 54-1t.
Sec. 9. Section 53a-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of criminal possession of a firearm, ammunition or an electronic defense weapon when such person possesses a firearm, ammunition or an electronic defense weapon and (1) has been convicted of a felony committed prior to, on or after October 1, 2013, or of a violation of subsection (c) of section 21a-279 or section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on or after October 1, 2013, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, (4) knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice [and an opportunity to be heard] has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person and such person has not complied with the provisions of section 29-36k, as amended by this act, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person and such person has not complied with the provisions of section 29-36k, as amended by this act, (5) (A) has been confined on or after October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or with respect to any person who holds a valid permit or certificate that was issued or renewed under the provisions of section 29-28 or 29-36f in effect prior to October 1, 2013, such person has been confined in such hospital within the preceding twelve months, or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, (6) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, or (7) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4). For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction, "ammunition" means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm, and a motor vehicle violation for which a sentence to a term of imprisonment of more than one year may be imposed shall be deemed an unclassified felony.
(b) Criminal possession of a firearm, ammunition or an electronic defense weapon is a class C felony, for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.
Sec. 10. Section 53a-217c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of criminal possession of a pistol or revolver when such person possesses a pistol or revolver, as defined in section 29-27, and (1) has been convicted of a felony committed prior to, on or after October 1, 2013, or of a violation of subsection (c) of section 21a-279 or section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on or after October 1, 1994, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, (4) (A) has been confined prior to October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, or has been confined on or after October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or, with respect to any person who holds a valid permit or certificate that was issued or renewed under the provisions of section 29-28 or 29-36f in effect prior to October 1, 2013, such person has been confined in such hospital within the preceding twelve months, or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, (5) knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice [and an opportunity to be heard] has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person and such person has not complied with the provisions of section 29-36k, as amended by this act, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person and such person has not complied with the provisions of section 29-36k, as amended by this act, (6) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, (7) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4), or (8) is an alien illegally or unlawfully in the United States. For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.
(b) Criminal possession of a pistol or revolver is a class C felony, for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.
Sec. 11. Subsection (b) of section 29-36n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(b) The Commissioner of Emergency Services and Public Protection, in conjunction with the Chief State's Attorney and the Connecticut Police Chiefs Association, shall update the protocol developed pursuant to subsection (a) of this section to reflect the provisions of sections 29-7h, 29-28, 29-28a, 29-29, 29-30, 29-32 and 29-35, subsections (b) and [(g)] (h) of section 46b-15, as amended by this act, subsections (c) and (d) of section 46b-38c and sections 53-202a, 53-202l, 53-202m and 53a-217, as amended by this act, and shall include in such protocol specific instructions for the transfer, delivery or surrender of pistols and revolvers and other firearms and ammunition when the assistance of more than one law enforcement agency is necessary to effect the requirements of section 29-36k, as amended by this act.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2015 |
6-32 |
Sec. 2 |
October 1, 2015 |
6-38b(j) |
Sec. 3 |
October 1, 2015 |
46b-15 |
Sec. 4 |
October 1, 2015 |
52-261 |
Sec. 5 |
October 1, 2015 |
New section |
Sec. 6 |
October 1, 2015 |
New section |
Sec. 7 |
from passage |
New section |
Sec. 8 |
October 1, 2015 |
29-36k |
Sec. 9 |
October 1, 2015 |
53a-217 |
Sec. 10 |
October 1, 2015 |
53a-217c |
Sec. 11 |
October 1, 2015 |
29-36n(b) |
Statement of Purpose:
To enhance protections for restraining order applicants.