Connecticut Seal

Substitute House Bill No. 6566

Public Act No. 03-98

AN ACT CONCERNING FULL FAITH AND CREDIT FOR FOREIGN ORDERS OF PROTECTION.

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

Section 1. Section 46b-15a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) For the purposes of this section, "foreign order of protection" means any protection order, as defined in 18 USC 2266, as from time to time amended, or similar restraining or protective order issued by a court of another state, the District of Columbia, a commonwealth, territory or possession of the United States or an Indian tribe.

(b) A valid foreign order of protection that is consistent with 18 USC 2265, as from time to time amended, shall be accorded full faith and credit by a court of this state and may be enforced as if it were the order of a court in this state. A foreign order of protection shall be presumed valid if such order appears authentic on its face. The fact that a foreign order of protection has not been entered into the automated registry of protective orders maintained pursuant to section 51-5c, as amended by this act, the Connecticut on-line law enforcement communication teleprocessing system maintained by the Department of Public Safety or the National Crime Information Center (NCIC) computerized index of criminal justice information shall not be grounds for refusing to enforce such order in this state.

(c) A law enforcement officer shall enforce a foreign order of protection in accordance with its terms and the law of this state, and shall arrest any person suspected of violating such order and charge such person with a violation of section 53a-223b, as amended by this act. Nothing in this subsection shall affect the responsibility of a law enforcement officer to make an arrest pursuant to section 46b-38b.

(d) It shall be an affirmative defense in any action seeking enforcement of a foreign order of protection or any criminal prosecution involving the violation of a foreign order of protection that such order is not consistent with or entitled to full faith and credit pursuant to 18 USC 2265, as from time to time amended.

(e) A child custody provision in a foreign order of protection may be enforced in this state if such provision (1) complies with the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act, and (2) is consistent with the Parental Kidnapping Prevention Act of 1980, 28 USC 1738A, as from time to time amended.

[(a) A protective order issued by a court of another state] (f) A foreign order of protection may be registered in this state [,] by sending to the Superior Court in this state: (1) A letter or other document requesting registration; (2) two copies, including one certified copy, of the [protective order] foreign order of protection sought to be registered [,] and a statement under penalty of perjury that, to the best of the knowledge and belief of the petitioner, the order has not been modified; and (3) the name and address of the person seeking registration, except [where such] if the disclosure of such name and address would jeopardize the safety of such person.

[(b)] (g) On receipt of the documents required in subsection [(a)] (f) of this section, the registering court shall: [cause the protective order] (1) Cause the foreign order of protection to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and (2) cause the foreign order of protection to be entered in the automated registry of protective orders maintained pursuant to section 51-5c, as amended by this act, together with any accompanying information required or permitted to be contained in the registry of protective orders pursuant to the procedures adopted by the Chief Court Administrator under section 51-5c, as amended by this act.

[(c) Within five days of the receipt by the registering court of the documents required by subsection (a) of this section, the petitioner shall notify any person named in the protective order of the registration of the documents by certified mail, return receipt requested, at the last-known address or by personal service, and provide any such person with an opportunity to contest the registration in accordance with this section. The notice required by this subsection shall state that (1) a registered protective order is enforceable as of the date of the registration in the same manner as a protective order issued by a court of this state, (2) a hearing to contest the validity of the registered protective order may be requested within twenty days after service of notice, and (3) failure to contest the registration shall, upon proof of notice, result in the confirmation of the protective order and preclude further contest of such protective order with respect to any matter that could be asserted.

(d) The respondent may request a hearing within twenty days after service of the notice. At any such hearing, the court shall confirm the registered order unless the person contesting the registration establishes that (1) the issuing court did not have jurisdiction, (2) the protective order sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so, or (3) the respondent was entitled to notice of the proceeding before the court that issued the order for which registration is sought, but no such notice was given.

(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law with respect to those who have received proper notice and the petitioner shall notify all such persons of the confirmation.

(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. ]

Sec. 2. Subsection (a) of section 51-5c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The Chief Court Administrator shall establish and maintain an automated registry of protective orders that shall contain (1) protective or restraining orders issued by courts of this state, including, but not limited to, orders issued pursuant to sections 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q and 54-82r, and [may also contain protective orders issued by courts of other states] (2) foreign orders of protection that have been registered in this state pursuant to section 46b-15a, as amended by this act. The registry shall clearly indicate the date of commencement, the termination date, if specified, and the duration of any order contained therein. The Chief Court Administrator shall adopt policies and procedures for the operation of the registry.

Sec. 3. Section 53a-107 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person; or (2) such person enters or remains in a building or any other premises in violation of a restraining order issued pursuant to section 46b-15 or a protective order issued pursuant to section 46b-38c, 54-1k or 54-82r by the Superior Court; or (3) such person enters or remains in a building or any other premises in violation of a foreign order of protection, as defined in section 46b-15a, as amended by this act, 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.

(b) Criminal trespass in the first degree is a class A misdemeanor.

Sec. 4. Section 53a-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) A person is guilty of criminal possession of a firearm or electronic defense weapon when such person possesses a firearm or electronic defense weapon and (1) has been convicted of a felony, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) knows that such person is subject to a restraining or protective order [issued by] of a court of this state or to a foreign order of protection, as defined in section 46b-15a, as amended by this act, 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 (4) 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. 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 firearm or electronic defense weapon is a class D felony, for which two years of the sentence imposed may not be suspended or reduced by the court.

Sec. 5. Section 53a-217c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(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 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, (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) has been confined 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, (5) knows that such person is subject to a restraining or protective order [issued by] of a court of this state or to a foreign order of protection, as defined in section 46b-15a, as amended by this act, 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, (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 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 D felony.

Sec. 6. Section 53a-223b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(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, or (B) a foreign order of protection, as defined in section 46b-15a, as amended by this act, 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, and (2) such person, having knowledge of the terms of the order, [(1)] (A) does not stay away from a person or place in violation of the order, [(2)] (B) contacts a person in violation of the order, [(3)] (C) imposes any restraint upon the person or liberty of a person in violation of the order, or [(4)] (D) 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.

Approved June 3, 2003