House Bill No. 6839
               House Bill No. 6839

              PUBLIC ACT NO. 97-126


AN ACT CONCERNING DOMESTIC VIOLENCE.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Subsection (e) of section 46b-15 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e) The applicant  shall  cause  notice of the
hearing pursuant to  subsection  (b) and a copy of
the application and  of  any ex parte order issued
pursuant to subsection  (b)  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." The clerk of the
court shall send  a certified copy of any ex parte
order and order  after  notice  and hearing to the
appropriate   law   enforcement    agency   within
forty-eight hours of its issuance.
    Sec. 2. Subsection  (e)  of section 46b-38c of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e)  A  protective  order  issued  under  this
section  may  include   provisions   necessary  to
protect  the  victim   from  threats,  harassment,
injury or intimidation by the defendant, including
but  not  limited   to,  an  order  enjoining  the
defendant from (1) imposing any restraint upon the
person or liberty  of the victim; (2) threatening,
harassing,  assaulting,  molesting   or   sexually
assaulting the victim;  or (3) entering the family
dwelling or the dwelling of the victim. Such order
shall be made  a  condition of the bail or release
of the defendant  and  shall contain the following
language: "In accordance  with  section  53a-110b,
any violation of  this  order constitutes criminal
violation of a  protective order. Additionally, in
accordance  with  section   53a-107,  entering  or
remaining in a  building  or any other premises in
violation  of  this   order  constitutes  criminal
trespass in the  first  degree. These are criminal
offenses each punishable by a term of imprisonment
of not more than one year, a fine of not more than
two thousand dollars,  or  both. Violation of this
order also violates  a  condition  of your bail or
release, and may  result  in raising the amount of
bail or revoking  release."  EVERY  ORDER  OF  THE
COURT MADE IN  ACCORDANCE  WITH THIS SECTION AFTER
NOTICE  AND  HEARING   SHALL   ALSO   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." The Department of Public Safety, in
cooperation with the  Office  of  the  Chief Court
Administrator, shall establish  a twenty-four-hour
registry of protective  orders  on the Connecticut
on-line     law     enforcement     communications
teleprocessing system.
    Sec. 3. Subdivision (18) of section 38a-816 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (18) With respect  to  an  insurance  company,
hospital service corporation,  health  care center
or fraternal benefit  society providing individual
or group health  insurance  coverage  of the types
specified  in subdivisions  (1),  (2),  (4),  (6),
(10), (11) and  (12)  of section 38a-469, refusing
to  insure, refusing  to  continue  to  insure  or
limiting the amount,  extent  or  kind of coverage
available  to  an   individual   or   charging  an
individual a different  rate for the same coverage
because  such individual  has  been  a  victim  of
family violence.

Approved June 6, 1997