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Substitute Senate Bill No. 334

Public Act No. 02-127

AN ACT CONCERNING RESTRAINING AND PROTECTIVE ORDERS AND THE REPORTING AND INVESTIGATION OF SUSPECTED ABUSE OF DELINQUENT CHILDREN COMMITTED TO THE COMMISSIONER OF CHILDREN AND FAMILIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2002) (a) A person is guilty of criminal violation of a restraining order when a restraining order has been issued against such person pursuant to section 46b-15 of the general statutes, as amended by this act, and such person, having knowledge of the terms of the order (1) does not stay away from a person or place in violation of the order, (2) contacts a person in violation of the order, (3) imposes any restraint upon the person or liberty of a person in violation of the order, or (4) threatens, harasses, assaults, molests, sexually assaults or attacks a person in violation of the order.

(b) Criminal violation of a restraining order is a class A misdemeanor.

Sec. 2. (NEW) (Effective October 1, 2002) The Superior Court shall provide any person who applies for a restraining order in a domestic violence situation with information on steps necessary to continue such order beyond the initial period and shall provide an applicant with information on how to contact domestic violence counselors and counseling organizations.

Sec. 3. Section 53a-223 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) A person is guilty of criminal violation of a protective order when an order issued pursuant to subsection (e) of section 46b-38c, or section 54-1k or 54-82r has been issued against such person, and such person violates such order.

(b) Criminal violation of a protective order is a class [A misdemeanor] D felony.

Sec. 4. Section 53a-40d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) A persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, [or] criminal violation of a protective order or criminal violation of a restraining order is a person who (1) stands convicted of assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, as amended, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, as amended by this act, criminal violation of a restraining order under section 1 of this act or criminal trespass under section 53a-107 or 53a-108, and (2) has, within the five years preceding the commission of the present crime, been convicted of a capital felony, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, as amended, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, as amended by this act, criminal violation of a restraining order under section 1 of this act, or criminal trespass under section 53a-107 or 53a-108 or has been released from incarceration with respect to such conviction, whichever is later.

(b) When any person has been found to be a persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, [or] criminal violation of a protective order or criminal violation of a restraining order, and the court is of the opinion that [his] such person's history and character and the nature and circumstances of [his] such person's criminal conduct indicate that an increased penalty will best serve the public interest, the court shall, in lieu of imposing the sentence authorized for the crime under section 53a-36 or section 53a-35a, as applicable, impose the sentence of imprisonment authorized by said section 53a-36 or section 53a-35a for the next more serious degree of misdemeanor or felony, except that if the crime is a class A misdemeanor the court shall impose the sentence of imprisonment for a class D felony, as authorized by section 53a-35a.

Sec. 5. Subsection (c) of section 54-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) Notwithstanding the provisions of subsection (b) of this section, a hearing may be had on an application by any such state's attorney without a copy of such application and notice of the hearing being served upon the surety or sureties upon such bond, if any, the appropriate bail commissioner and the accused person if the accused person is charged with the commission of a family violence crime, as defined in section 46b-38a, or a violation of section 53a-181c, 53a-181d, 53a-181e, [or] 53a-223, as amended by this act, or section 1 of this act and is being presented at the next sitting of the Superior Court as required by section 54-1g.

Sec. 6. (NEW) (Effective October 1, 2002) Upon the receipt of a report of suspected abuse of any child committed to the Commissioner of Children and Families as delinquent, the Department of Children and Families shall, no later than ten days after receipt of the complaint, provide written notification of such report to the child's legal guardian and the child's attorney in the delinquency proceeding that resulted in the commitment. If, after investigation, the department substantiates the reported abuse, the department shall, no later than ten days after receipt of the complaint, provide written notification to the child's legal guardian and the child's attorney in the delinquency proceeding that resulted in the commitment of the substantiation of the reported abuse.

Sec. 7. Subsection (e) of section 46b-15 of the general statutes, as amended by section 12 of public act 01-130, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(e) 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. Upon the granting of an ex parte order, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall contain the following language: "This court had jurisdiction over the parties and the subject matter when it issued this protection order. Respondent was afforded both notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, 18 USC 2265, this order is valid and enforceable in all fifty states, any territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico and tribal lands. " Immediately after making service on the respondent, the state marshal shall provide a true and attested copy of any ex parte order, including the applicant's affidavit and a cover sheet stating the date and time the respondent was served, to the law enforcement agency for the town in which the applicant resides. If the respondent does not reside in such town, the state marshal shall immediately transmit by facsimile a true and attested copy of the order, including the applicant's affidavit, to the law enforcement agency for the town in which the respondent resides. The clerk of the court shall send a certified copy of any ex parte order and of any order after notice and hearing to the law enforcement agency for the town in which the applicant resides and, if the respondent resides in a town different than the town in which the applicant resides, to the law enforcement agency for the town in which the respondent resides, within forty-eight hours of the issuance of such order. If the applicant is employed in a town different than the town in which the applicant resides, the clerk of the court shall [, upon the request of the applicant,] send a certified copy of any such order, to the law enforcement agency for the town in which the applicant is employed within forty-eight hours of the issuance of such order. If the applicant is employed in a town different than the town in which the applicant resides, or in which the respondent resides, the state marshal shall transmit by facsimile a true and attested copy of any such order, including the applicant's affidavit, to the law enforcement agency for the town in which the applicant is employed.

Approved June 7, 2002