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Substitute House Bill No. 6476

Public Act No. 03-224

AN ACT CONCERNING STATE MARSHALS.

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

Section 1. Section 6-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[Any] A state marshal shall pay over, to the person authorized to receive it, any money collected by such state marshal on behalf of or on account of such person [, within] not later than thirty calendar days from the date of collection of the money or upon the collection of one thousand dollars or more on behalf of or on account of such person, whichever first occurs, [provided any state marshal who fails to pay over to the person authorized to receive it, any money collected by such marshal on behalf or for the account of such person, within thirty calendar days from the date of collection of the money or upon the collection of one thousand dollars,] except that the state marshal and such person may agree to a different time for paying over such money. A state marshal who fails to comply with the requirements of this section or any such agreement, as applicable, shall be liable to such person for the payment of interest on the money at the rate of five per cent per month from the date on which such state marshal received the money.

Sec. 2. Subsection (a) of section 6-38a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) ["State marshal"] For the purposes of the general statutes, "state marshal" means a qualified deputy sheriff incumbent on June 30, 2000, under section 6-38 or appointed pursuant to section 6-38b, as amended by this act, who shall have authority to provide legal execution and service of process in the counties in this state pursuant to section 6-38 as an independent contractor compensated on a fee for service basis, determined, subject to any minimum rate promulgated by the state, by agreement with an attorney, court or public agency requiring execution or service of process.

Sec. 3. Subsection (i) of section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) Except as provided in section 6-38f, no person may be a state marshal and a state employee at the same time. This subsection does not apply to any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000.

Sec. 4. Section 6-38e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The State Marshal Commission shall periodically review and audit the records and accounts of the state marshals. Upon the death or disability of a state marshal, the commission shall appoint a qualified individual to oversee and audit the records and accounts of such state marshal and render an accounting to the commission. All information obtained by the commission from any audit conducted pursuant to this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200.

Sec. 5. Subsection (d) of section 6-38m of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The first two hundred fifty thousand dollars collected each fiscal year, pursuant to subsections (b) and (c) of this section, shall be credited to the state marshal account and be available for expenditure by the State Marshal Commission for the operating expenses of the commission. From July 1, 2001, until July 1, 2006, the Secretary of the Office of Policy and Management shall review and approve or disapprove the budget of the commission. For the fiscal year ending June 30, 2004, and each fiscal year thereafter, the State Marshals Advisory Board shall submit to the State Marshal Commission a request for administrative support for such fiscal year. Such request shall be submitted prior to the beginning of such fiscal year.

Sec. 6. Section 49-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

A mechanic's lien is not valid [,] unless the person performing the services or furnishing the materials [,] (1) within ninety days after he has ceased to do so, lodges with the town clerk of the town in which the building, lot or plot of land is situated a certificate in writing, which shall be recorded by the town clerk with deeds of land, (A) describing the premises, the amount claimed as a lien thereon, the name or names of the person against whom the lien is being filed and the date of the commencement of the performance of services or furnishing of materials, (B) stating that the amount claimed is justly due, as nearly as the same can be ascertained, and (C) subscribed and sworn to by the claimant, and (2) [within the same time, or prior to the lodging of the certificate but] not later than thirty days after lodging the certificate, serves a true and attested copy of the certificate upon the owner of the building, lot or plot of land in the same manner as is provided for the service of the notice in section 49-35, as amended by this act.

Sec. 7. Subsection (a) of section 49-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person other than the original contractor for the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land or a subcontractor whose contract with the original contractor is in writing and has been assented to in writing by the other party to the original contract, is entitled to claim any such mechanic's lien, unless, after commencing, and not later than ninety days after ceasing, to furnish materials or render services for such construction, raising, removal or repairing, such person gives written notice to the owner of the building, lot or plot of land and to the original contractor that he or she has furnished or commenced to furnish materials, or rendered or commenced to render services, and intends to claim a lien therefor on the building, lot or plot of land; provided an original contractor shall not be entitled to such notice, unless, not later than fifteen days after commencing the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land, such original contractor lodges with the town clerk of the town in which the building, lot or plot of land is situated an affidavit in writing, which shall be recorded by the town clerk with deeds of land, (1) stating the name under which such original contractor conducts business, (2) stating the original contractor's business address, and (3) describing the building, lot or plot of land. The right of any person to claim a lien under this section shall not be affected by the failure of such affidavit to conform to the requirements of this section. The notice shall be served upon the owner or original contractor, if such owner or original contractor resides in the same town in which the building is being erected, raised, removed or repaired or the lot is being improved, or the plot of land is being improved or subdivided, by any indifferent person, state marshal or other proper officer, by leaving with such owner or original contractor or at such owner's or the original contractor's usual place of abode a true and attested copy thereof. If the owner or original contractor does not reside in such town, but has a known agent therein, the notice may be so served upon the agent, otherwise it may be served by any indifferent person, state marshal or other proper officer, by mailing a true and attested copy of the notice by registered or certified mail to the owner or original contractor at the place where such owner or the original contractor resides. If such copy is returned unclaimed, notice to such owner or original contractor shall be given by publication in accordance with the provisions of section 1-2. When there are two or more owners, or two or more original contractors, the notice shall be so served on each owner and on each original contractor. The notice, with the return of the person who served it endorsed thereon, shall be returned to the original maker of the notice [within said period of ninety days] not later than thirty days after the filing of the certificate pursuant to section 49-34, as amended by this act.

Sec. 8. Subsection (b) of section 52-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Process in civil actions against the following-described classes of defendants shall be served as follows: (1) Against a town, upon its clerk, assistant clerk, manager or one of its selectmen; (2) against a city, upon its clerk or assistant clerk or upon its mayor or manager; (3) against a borough, upon its manager, clerk or assistant clerk or upon the warden or one of its burgesses; (4) against a school district, upon its clerk or one of its committee; [and] (5) against a board, commission, department or agency of a town, city or borough, notwithstanding any provision of the general statutes, upon (A) the clerk of the town, city or borough, provided two copies of such process shall be served upon the clerk and the clerk shall retain one copy and forward the second copy to the board, commission, department or agency, or (B) the clerk or the chief presiding officer or other executive head of the board, commission, department or agency; (6) against other municipal or quasi-municipal corporations, upon its clerk or upon its chief presiding officer or managing agent; and (7) against an employee of a town, city or borough in a cause of action arising from the employee's duties or employment, upon (A) the clerk of the town, city or borough, provided two copies of such process shall be served upon the clerk and the clerk shall retain one copy and forward the second copy to the employee, or (B) the employee pursuant to subsection (a) of this section.

Sec. 9. Section 52-143 of the general statutes is amended by adding subsection (f) as follows (Effective from passage):

(NEW) (f) Any subpoena summoning a physician as a witness may be served upon the office manager or person in charge at the office or principal place of business of such physician who shall act as the agent of the physician named in the subpoena. Service upon the agent shall be deemed to be service upon the physician.

Sec. 10. Subsection (a) of section 52-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Except as provided in subsection (b) of this section and section 52-261a, each officer or person who serves process, summons or attachments shall receive a fee of not more than thirty dollars for each process served and an additional fee of [ten] thirty dollars for the second and each subsequent [defendant upon whom the process is served] 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. 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: (1) For taking bail or bail bond, one dollar; (2) 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; (3) for endorsements, forty cents per page or fraction thereof; (4) 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; (5) for the removal and custody of such liquors so seized, reasonable expenses, and twenty dollars; (6) for [levying] 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, [to the acceptance of the creditor, ten] fifteen per cent on the amount of the execution, provided the minimum fee for such execution shall be [twenty] thirty dollars; (7) 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; (8) for causing an execution levied on real property to be recorded, fees for travel, twenty dollars and costs; (9) 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; (10) 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 (11) 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.

Sec. 11. Subsection (d) of section 52-361a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The levying officer shall levy on all earnings which are due or become due to the judgment debtor to the extent specified in the wage execution plus the levying officer's fee and costs, until the judgment is satisfied, or the execution is modified or set aside, by serving the employer with [two copies of] the wage execution, the required notice of rights and the claim forms. On receipt thereof, the employer shall forthwith deliver a copy thereof to the judgment debtor, or mail such copy postage prepaid to the judgment debtor at his last-known address. On service of the wage execution on the employer, the wage execution shall automatically be stayed for a period of twenty days and shall thereafter immediately become a lien and continuing levy on such portion of the judgment debtor's earnings as is specified [therein] in the wage execution, provided if a claim is filed in accordance with subsection (d) of section 52-361b within twenty days of such service on the employer, the stay shall continue until determination of the claim. Any service of process or other notice required under this section may be made in accordance with section 52-57, as amended by this act, or by certified mail, return receipt requested, provided a levying officer may make such service by mail only to an address within such officer's appointed jurisdiction.

Sec. 12. Section 52-367a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in this section and section 52-367b, [the term "banking institution"] as amended by this act, "financial institution" means any bank, savings bank, savings and loan association or credit union organized, chartered or licensed under the laws of this state or the United States and having its main office in this state, or any similar out-of-state institution having a branch office in this state. Execution may be granted pursuant to this section against any debts due from any [banking] financial institution to a judgment debtor which is not a natural person. If execution is desired against any such debt, the plaintiff requesting the execution shall so notify the clerk of the court, and the clerk shall issue such execution containing a direction that the officer serving [the same] such execution shall make demand (1) upon the main office of any [banking] financial institution having its main office within the county of [such] the serving officer, or (2) if such main office is not within [such] the serving officer's county and such [banking] financial institution has one or more branch offices within such county, upon an employee of such a branch office, such employee and branch office having been designated by the [banking] financial institution in accordance with regulations adopted by the Commissioner of Banking, in accordance with chapter 54, for the payment of any debt due to the judgment debtor, and, after having made such demand, shall serve a true and attested copy thereof, with [his] the serving officer's actions thereon endorsed, with the [banking] financial institution officer upon whom such demand is made. If any such [banking] financial institution upon which such execution is served and upon which such demand is made is indebted to the judgment debtor, it shall pay to such serving officer, in the manner and at the time [hereinafter] described in this section, the amount of such indebtedness not exceeding the amount due on such execution, to be received and applied on such execution by such serving officer. Such [banking] financial institution shall act upon such execution according to section 42a-4-303 before its midnight deadline, as defined in section 42a-4-104. If such [banking] financial institution fails or refuses to pay over to such serving officer the amount of such debt, not exceeding the amount due on such execution, such [banking] financial institution shall be liable in an action therefor to the judgment creditor named in such execution, and the amount so recovered by such judgment creditor shall be applied toward the payment of the amount due on such execution.

Sec. 13. Section 52-367b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Execution may be granted pursuant to this section against any debts due from any [banking] financial institution to a judgment debtor who is a natural person, except to the extent such debts are protected from execution by sections 52-352a, 52-352b, 52-352c, of the general statutes, revision of 1958, revised to 1983, 52-354 of the general statutes, revision of 1958, revised to 1983, 52-361 of the general statutes, revision of 1958, revised to 1983 and section 52-361a, as well as by any other laws or regulations of this state or of the United States which exempt such debts from execution.

(b) If execution is desired against any such debt, the plaintiff requesting the execution shall notify the clerk of the court. In a IV-D case, the request for execution shall be accompanied by an affidavit signed by the serving officer attesting to an overdue support amount of five hundred dollars or more which accrued after the entry of an initial family support judgment. If the papers are in order, the clerk shall issue such execution containing a direction that the officer serving such execution shall, within seven days from the receipt by the serving officer of such execution, make demand (1) upon the main office of any [banking] financial institution having its main office within the county of the serving officer, or (2) if such main office is not within the serving officer's county and such [banking] financial institution has one or more branch offices within such county, upon an employee of such a branch office, such employee and branch office having been designated by the [banking] financial institution in accordance with regulations adopted by the Commissioner of Banking, in accordance with chapter 54, for payment of any such nonexempt debt due to the judgment debtor and, after having made such demand, shall serve a true and attested copy of the execution, together with the affidavit and exemption claim form prescribed by subsection (k) of this section, with the serving officer's actions endorsed thereon, with the [banking] financial institution officer upon whom such demand is made. If the officer serving such execution has made an initial demand pursuant to this subsection within such seven-day period, the serving officer may make additional demands upon the main office of other [banking] financial institutions or employees of other branch offices pursuant to subdivision (1) or (2) of this subsection, provided any such additional demand is made not later than forty-five days from the receipt by the serving officer of such execution.

(c) If any such [banking] financial institution upon which such execution is served and upon which such demand is made is indebted to the judgment debtor, the [banking] financial institution shall remove from the judgment debtor's account the amount of such indebtedness not exceeding the amount due on such execution before its midnight deadline, as defined in section 42a-4-104. Notwithstanding the provisions of this subsection, if electronic direct deposits that are readily identifiable as exempt federal veterans' benefits, Social Security benefits, including, but not limited to, retirement, survivors' and disability benefits, supplemental security income benefits or child support payments processed and received pursuant to Title IV-D of the Social Security Act were made to the judgment debtor's account during the thirty-day period preceding the date that the execution was served on the [banking] financial institution, then [a banking] the financial institution shall leave the lesser of the account balance or one thousand dollars in the judgment debtor's account, provided nothing in this subsection shall be construed to limit a [banking] financial institution's right or obligation to remove such funds from the judgment debtor's account if required by any other provision of law or by a court order. The judgment debtor shall have access to such funds left in the judgment debtor's account pursuant to this subsection. The [banking] financial institution may notify the judgment creditor that funds have been left in the judgment debtor's account pursuant to this subsection. Nothing in this subsection shall alter the exempt status of funds which are exempt from execution under subsection (a) of this section or under any other provision of state or federal law, or the right of a judgment debtor to claim such exemption. Nothing in this subsection shall be construed to affect any other rights or obligations of the [banking] financial institution with regard to the funds in the judgment debtor's account.

(d) If any funds are removed from the judgment debtor's account pursuant to subsection (c) of this section, upon receipt of the execution and exemption claim form from the serving officer, the [banking] financial institution shall forthwith mail copies thereof, postage prepaid, to the judgment debtor at the judgment debtor's last known address with respect to the affected accounts on the records of the [banking] financial institution. The [banking] financial institution shall hold the amount removed from the judgment debtor's account pursuant to subsection (c) of this section for fifteen days from the date of the mailing to the judgment debtor and during such period shall not pay the serving officer.

(e) To prevent the [banking] financial institution from paying the serving officer, as provided in subsection (h) of this section, the judgment debtor shall give notice of a claim of exemption by delivering to the [banking] financial institution, by mail or other means, the exemption claim form or other written notice that an exemption is being claimed. The [banking] financial institution may designate an address to which the notice of a claim of exemption shall be delivered. Upon receipt of such notice, the [banking] financial institution shall, within two business days, send a copy of such notice to the clerk of the court which issued the execution.

(f) (1) Upon receipt of an exemption claim form, the clerk of the court shall enter the appearance of the judgment debtor with the address set forth in the exemption claim form. The clerk shall forthwith send file-stamped copies of the form to the judgment creditor and judgment debtor with a notice stating that the disputed funds are being held for forty-five days from the date the exemption claim form was received by the [banking] financial institution or until a court order is entered regarding the disposition of the funds, whichever occurs earlier, and the clerk shall automatically schedule the matter for a short calendar hearing. The claim of exemption filed by such judgment debtor shall be prima facie evidence at such hearing of the existence of the exemption.

(2) Upon receipt of notice from the [banking] financial institution pursuant to subsection (c) of this section, a judgment creditor may, on an ex parte basis, present to a judge of the Superior Court an affidavit sworn under oath by a competent party demonstrating a reasonable belief that such judgment debtor's account contains funds which are not exempt from execution and the amount of such nonexempt funds. Such affidavit shall not be conclusory but is required to show the factual basis upon which the reasonable belief is based. If such judge finds that the judgment creditor has demonstrated a reasonable belief that such judgment debtor's account contains funds which are not exempt from execution, such judge shall authorize the judgment creditor to submit a written application to the clerk of the court for a hearing on the exempt status of funds left in the judgment debtor's account pursuant to subsection (c) of this section. The judgment creditor shall promptly send a copy of the application and the supporting affidavit to the judgment debtor. Upon receipt of such application, the clerk of the court shall automatically schedule the matter for a short calendar hearing and shall give written notice to both the judgment creditor and the judgment debtor. The notice to the judgment creditor pursuant to subsection (c) of this section shall be prima facie evidence at such hearing that the funds in the account are exempt funds. The burden of proof shall be upon the judgment creditor to establish the amount of funds which are not exempt.

(g) If an exemption claim is made pursuant to subsection (e) of this section, the [banking] financial institution shall continue to hold the amount removed from the judgment debtor's account for forty-five days or until a court order is received regarding disposition of the funds, whichever occurs earlier. If no such order is received within forty-five days of the date the [banking] financial institution sends a copy of the exemption claim form or notice of exemption to the clerk of the court, the [banking] financial institution shall return the funds to the judgment debtor's account.

(h) If no claim of exemption is received by the [banking] financial institution within fifteen days of the mailing to the judgment debtor of the execution and exemption claim form pursuant to subsection (d) of this section, the [banking] financial institution shall, upon demand, forthwith pay the serving officer the amount removed from the judgment debtor's account, and the serving officer shall thereupon pay such sum, less such serving officer's fees, to the judgment creditor, except to the extent otherwise ordered by a court.

(i) The court, after a hearing conducted pursuant to subsection (f) of this section, shall enter an order determining the issues raised by the claim of exemption. The clerk of the court shall forthwith send a copy of such order to the [banking] financial institution. Such order shall be deemed to be a final judgment for the purposes of appeal. No appeal shall be taken except within seven days of the rendering of the order. The order of the court may be implemented during such seven-day period, unless stayed by the court.

(j) If both exempt and nonexempt moneys have been deposited into an account, for the purposes of determining which moneys are exempt under this section, the moneys most recently deposited as of the time the execution is served shall be deemed to be the moneys remaining in the account.

(k) The execution, exemption claim form and clerk's notice regarding the filing of a claim of exemption shall be in such form as prescribed by the judges of the Superior Court or their designee. The exemption claim form shall be dated and include a checklist and description of the most common exemptions, instructions on the manner of claiming the exemptions and a space for the judgment debtor to certify those exemptions claimed under penalty of false statement.

(l) If records or testimony are subpoenaed from a [banking] financial institution in connection with a hearing conducted pursuant to subsection (f) of this section, the reasonable costs and expenses of the [banking] financial institution in complying with the subpoena shall be recoverable by the [banking] financial institution from the party requiring such records or testimony, provided, the [banking] financial institution shall be under no obligation to attempt to obtain records or documentation relating to the account executed against which are held by any other [banking] financial institution. The records of a [banking] financial institution as to the dates and amounts of deposits into an account in the [banking] financial institution shall, if certified as true and accurate by an officer of the [banking] financial institution, be admissible as evidence without the presence of the officer in any hearing conducted pursuant to subsection (f) of this section to determine the legitimacy of a claim of exemption made under this section.

(m) If there are moneys to be removed from the judgment debtor's account, prior to the removal of such moneys pursuant to subsection (c) of this section, the [banking] financial institution shall receive from the serving officer as representative of the judgment creditor a fee of eight dollars for the [banking] financial institution's costs in complying with the provisions of this section which fee may be recoverable by the judgment creditor as a taxable cost of the action.

(n) If the [banking] financial institution fails or refuses to pay over to the serving officer the amount of such debt, not exceeding the amount due on such execution, such [banking] financial institution shall be liable in an action therefor to the judgment creditor named in such execution for the amount of nonexempt moneys which the [banking] financial institution failed or refused to pay over, excluding funds of up to one thousand dollars which the [banking] financial institution in good faith allowed the judgment debtor to access pursuant to subsection (c) of this section. The amount so recovered by such judgment creditor shall be applied toward the payment of the amount due on such execution. Thereupon, the rights of the [banking] financial institution shall be subrogated to the rights of the judgment creditor. If such [banking] financial institution pays exempt moneys from the account of the judgment debtor over to the serving officer contrary to the provisions of this section, such [banking] financial institution shall be liable in an action therefor to the judgment debtor for any exempt moneys so paid and such [banking] financial institution shall refund or waive any charges or fees by the [banking] financial institution, including, but not limited to, dishonored check fees, overdraft fees or minimum balance service charges and legal process fees, which were assessed as a result of such payment of exempt moneys. Thereupon, the rights of the [banking] financial institution shall be subrogated to the rights of the judgment debtor.

(o) Except as provided in subsection (n) of this section, no [banking] financial institution or any officer, director or employee of such [banking] financial institution shall be liable to any person with respect to any act done or omitted in good faith or through the commission of a bona fide error that occurred despite reasonable procedures maintained by the [banking] financial institution to prevent such errors in complying with the provisions of this section.

(p) Nothing in this section shall in any way restrict the rights and remedies otherwise available to a judgment debtor at law or in equity.

(q) Nothing in this section shall in any way affect any rights of the [banking] financial institution with respect to uncollected funds credited to the account of the judgment debtor, which rights shall be superior to those of the judgment creditor.

(r) For the purposes of this subsection, "exempt" shall have the same meaning as provided in subsection (c) of section 52-352a. Funds deposited in an account that has been established for the express purpose of receiving electronic direct deposits of public assistance payments from the Department of Social Services shall be exempt.

Sec. 14. Section 52-593a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Except in the case of an appeal from an administrative agency governed by section 4-183, a cause or right of action shall not be lost because of the passage of the time limited by law within which the action may be brought, if the process to be served is personally delivered to a state marshal authorized to serve the process and the process is served, as provided by law, within [fifteen] thirty days of the delivery.

(b) In any such case, the state marshal making service shall endorse under oath on such state marshal's return the date of delivery of the process to such state marshal for service in accordance with this section.

Sec. 15. Section 54-64d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

When any person is taken into custody on a capias issued by order of the Superior Court, the proper officer taking the person into custody shall, without undue delay, bring such person before the court which issued the capias. If a courthouse lockup operated by the judicial branch is available at such court and is operational at the time the proper officer brings such person to the court, the proper officer shall transfer the custody of such person to a judicial marshal at the court unless such person requires medical attention or there is insufficient space for such person at such lockup. If the court is not in session, the proper officer shall, without undue delay, bring such person before the clerk or assistant clerk of the court which issued the capias during the office hours of the clerk. If the clerk's office is not open, the proper officer shall, without undue delay, take such person to a community correctional center within the judicial district where the capias was issued or, if there is no community correctional center within such judicial district, to the nearest community correctional center. The clerk or assistant clerk or a person designated by the Commissioner of Correction or the Chief Court Administrator shall order the person taken into custody on the capias to enter into the condition of release fixed by the court on the condition that such person shall appear before the next session of the superior court which issued the capias. Upon the failure of such person to enter into the condition of release fixed by the court, the person shall be held in the correctional center pursuant to the capias until the next session of the court.

Approved July 2, 2003