Substitute House Bill No. 5321
Substitute House Bill No. 5321
PUBLIC ACT NO. 98-81
AN ACT CONCERNING COURT OPERATIONS AND PROCEDURES,
VISITATION AND GRIEVANCE COMMITTEE DETERMINATIONS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) For the purposes of this
section, "employees of the Judicial Department"
shall not include employees of the courts of
probate or the Public Defender Services
Commission, and "records" shall not include
records maintained by the courts of probate or the
Public Defender Services Commission.
(b) Notwithstanding any other provision of the
general statutes, employees of the Judicial
Department shall, in the performance of their
duties, have the right of access to all records
maintained by the Judicial Department.
Sec. 2. Section 13a-103 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Whenever any town fails to keep any highway
within such town in good and sufficient repair or
whenever the selectmen of any town fail to remove
or cause to be removed any encroachments upon any
highway in such town or to make such alterations
or improvements therein as may be required by
common convenience or necessity, the superior
court for the judicial district in which such
highway is located, upon the written complaint of
six or more citizens of this state under oath,
after due inquiry made by it, shall appoint a time
and place when and where all persons interested
may appear and be heard upon the propriety of such
repairs, or of the removal of such encroachments,
or of the making of such alterations and
improvements. [, and shall give notice thereof] IF
A TIME AND PLACE FOR HEARING IS SET BY THE COURT,
THE CLERK SHALL DELIVER TO THE COMPLAINANTS OR
THEIR ATTORNEYS THE DOCUMENTS SET FORTH IN THIS
SECTION FOR SERVICE BY A PROPER OFFICER. NOTICE
SHALL BE GIVEN to the first selectman of such town
and to the person or persons maintaining such
encroachments by causing a true and attested copy
of such complaint, accompanied with a summons
notifying such parties of such time and place, to
be left with each of such parties, or at his usual
place of abode, by some proper officer at least
six days inclusive before the day appointed for
the hearing; but, before issuing any summons on
such complaint, the court shall require of the
complainants a sufficient bond for costs to the
adverse parties and may, any time thereafter,
require further bond for such costs. If the court
finds that such highway should be repaired or that
such encroachments should be removed or that such
alterations and improvements should be made, it
shall order the selectmen of such town to cause
such highway to be repaired and such encroachments
to be removed and such alterations and
improvements to be made, and shall prescribe the
manner and extent of such repairs and of the
removal of such encroachments and of the making of
such alterations and improvements and the time
within which the work shall be done, and may, for
reasonable cause, extend such time. The court
shall assess the benefits resulting from such
repairs or removal of encroachments or such
alterations and improvements against any of the
parties to be benefited, including such town. Such
benefits as to such parties other than such town
may be collected in the same manner as town taxes
are collected.
Sec. 3. Section 14-140 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Any person who has been arrested by an
officer for a violation of any provision of any
statute relating to motor vehicles may be
released, upon his own recognizance, by such
officer in his discretion, unless such violation
is of a provision relating to driving while under
the influence of intoxicating liquor or drugs or
using a motor vehicle without permission of the
owner or evading responsibility for personal
injury or property damage or involves the death or
serious injury of another, in which cases such
person shall not be released on his own
recognizance.
(b) If any person so arrested or summoned
wilfully fails to appear for any scheduled court
appearance at the time and place assigned, or if
any person charged with an infraction involving
the use of a motor vehicle, or with a motor
vehicle violation specified in section 51-164n,
fails to pay the fine and any additional fee
imposed or send in his plea of not guilty by the
answer date or wilfully fails to appear for any
scheduled court appearance which may be required,
a report of such failure shall be sent to the
commissioner by the court having jurisdiction. The
provisions of this section shall be extended to
any nonresident owner or operator of a motor
vehicle residing in any state, the proper
authorities of which agree with the commissioner
to revoke, until personal appearance to answer the
charge against him, his motor vehicle registration
certificate or operator's license, upon his
failure to appear for any scheduled court
appearance. ANY INFRACTIONS OR VIOLATIONS, FOR
WHICH A REPORT OF FAILURE TO APPEAR HAS BEEN SENT
TO THE COMMISSIONER UNDER THIS SUBSECTION, THAT
HAVE NOT OTHERWISE BEEN DISPOSED OF SHALL BE
DISMISSED BY OPERATION OF LAW SEVEN YEARS AFTER
SUCH REPORT WAS SENT.
(c) The commissioner may enter into reciprocal
agreements with the proper authorities of other
states, which agreements may include provisions
for the suspension or revocation of licenses and
registrations of residents and nonresidents who
fail to appear for trial at the time and place
assigned.
(d) Any judgment under this section shall be
opened upon the payment to the clerk of the
Superior Court of a fee of forty dollars. Such
filing fee may be waived by the court.
(e) In addition, the provisions of subsection
(b) of this section shall apply to sections
29-322, 29-332, 29-339, 29-349 and 29-351.
Sec. 4. Subsection (h) of section 51-61 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(h) All records of the proceedings taken on
the trial of any action shall, within thirty days
after the action has been submitted, be filed with
the clerk OR THE CLERK'S DESIGNEE, except that for
the purpose of transcribing such records the court
reporter or monitor may at any time withdraw them
for a reasonable time.
Sec. 5. Section 51-199 of the general
statutes, as amended by section 2 of public act
97-178, is repealed and the following is
substituted in lieu thereof:
(a) The Supreme Court shall have final and
conclusive jurisdiction of all matters brought
before it according to law, and may carry into
execution all its judgments and decrees and
institute rules of practice and procedure as to
matters before it.
(b) The following matters shall be taken
directly to the Supreme Court: (1) Any matter
brought pursuant to the original jurisdiction of
the Supreme Court under section 2 of article
sixteen of the amendments to the Constitution; (2)
an appeal in any matter where the Superior Court
declares invalid a state statute or a provision of
the state Constitution; (3) an appeal in any
criminal action involving a conviction for a
capital felony, CLASS A FELONY, OR OTHER FELONY,
INCLUDING ANY PERSISTENT OFFENDER STATUS, FOR
WHICH THE MAXIMUM SENTENCE WHICH MAY BE IMPOSED
EXCEEDS TWENTY YEARS; (4) review of a sentence of
death pursuant to section 53a-46b; (5) any
election or primary dispute brought to the Supreme
Court pursuant to section 9-323 or section 9-325;
(6) an appeal of any reprimand or censure of a
probate judge, pursuant to section 45a-65; (7) any
matter regarding judicial removal or suspension
pursuant to section 51-51j; (8) an appeal of any
decision of the Judicial Review Council pursuant
to section 51-51r; (9) any matter brought to the
Supreme Court pursuant to section 52-265a; (10)
writs of error, pursuant to section 52-272; and
(11) any other matter as provided by law.
(c) The Supreme Court may transfer to itself a
cause in the Appellate Court. Except for any
matter brought pursuant to its original
jurisdiction under section 2 of article sixteen of
the amendments to the Constitution, the Supreme
Court may transfer a cause or class of causes from
itself, including any cause or class of causes
pending on July 1, 1983, to the Appellate Court.
The court to which a cause is transferred has
jurisdiction.
Sec. 6. Section 51-217a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A person shall be excused from jury
service during the jury year commencing September
1, [1987] 1999, and each jury year thereafter,
upon request of that person, if during the next
[two] THREE preceding JURY years such person
appeared in a court for jury service and was not
excused from such jury service.
(b) The court shall have authority to excuse a
juror from juror service, upon a finding of
extreme hardship.
Sec. 7. Section 51-222a of the general
statutes, as amended by section 6 of public act
97-200, is repealed and the following is
substituted in lieu thereof:
(a) Annually, upon the request of the Jury
Administrator, the Commissioner of Motor Vehicles
shall supply the Jury Administrator with the
latest updated file of licensed motor vehicle
operators for the state. Upon the request of the
Jury Administrator, the Commissioner of Revenue
Services shall supply the Jury Administrator with
the most recent updated list of residents of this
state who have a permanent place of abode in this
state and [are subject to taxation on personal
income under chapter 229] WHO FILED A RETURN ON
PERSONAL INCOME UNDER CHAPTER 229 IN THE LAST TAX
YEAR, and the Labor Commissioner shall supply the
Jury Administrator with the most recent updated
list of residents of this state who are recipients
of unemployment compensation under chapter 567. In
addition, upon the request of the Jury
Administrator, the registrar of voters of each
town shall supply a list of all electors from
their town, except that in lieu of such list from
the registrar of voters, the Jury Administrator
may obtain the list of all electors from a central
repository, or if such list is not available, may
contract for the creation and purchase of such
list. The registrars of voters shall provide lists
of electors to the contractor at the request of
the Jury Administrator. The lists supplied to the
Jury Administrator under this subsection shall be
in the format prescribed by the Jury Administrator
and shall include, at a minimum, the name, address
and, if available, the federal Social Security
number and date of birth of each person on such
list or the reason for the unavailability.
(b) The Jury Administrator shall compile a
list of names of electors, residents of this state
appearing on the most recent updated list of
operators of motor vehicles licensed pursuant to
chapter 246, residents [subject to taxation on
personal income under chapter 229] WHO FILED A
RETURN ON PERSONAL INCOME UNDER CHAPTER 229 IN THE
LAST TAX YEAR and recipients of unemployment
compensation under chapter 567.
(c) Annually the Jury Administrator shall
combine the names from the lists compiled under
subsection (b) of this section. The Jury
Administrator shall delete, where possible,
duplicate names in order to insure that names
occurring on any list are given only a single
chance to be selected.
(d) The Jury Administrator shall select, by
random from the list compiled as provided in
subsection (c) of this section, the number of
names required by section 51-220. These names for
each town in the state and the names of persons
whose jury service was continued from the previous
jury year shall constitute such town's final list
of prospective jurors for service starting the
next succeeding September. The final list for each
town shall contain the name and street address of
each prospective juror.
(e) If the Jury Administrator determines at
any time that there is a need to supplement the
number of names on the final list of jurors for
each town within a judicial district, the Jury
Administrator, so far as he is able, shall select
in proportion to the population of each town, by
random, from the names not selected pursuant to
subsection (d) of this section such number of
prospective jurors as he determines is necessary.
Sec. 8. Subsection (b) of section 52-174 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) In all actions for the recovery of damages
for personal injuries or death, pending on October
1, 1977, or brought thereafter, AND IN ALL COURT
PROCEEDINGS IN FAMILY RELATIONS MATTERS, AS
DEFINED IN SECTION 46b-1, OR IN THE FAMILY SUPPORT
MAGISTRATE DIVISION, PENDING ON OCTOBER 1, 1998,
OR BROUGHT THEREAFTER, any party offering in
evidence a signed report and bill for treatment of
any treating physician, dentist, chiropractor,
osteopath, natureopath, physical therapist,
podiatrist, psychologist, emergency medical
technician or optometrist may have the report and
bill admitted into evidence as a business entry
and it shall be presumed that the signature on the
report is that of the treating physician, dentist,
chiropractor, osteopath, natureopath, physical
therapist, podiatrist, psychologist, emergency
medical technician or optometrist and that the
report and bill were made in the ordinary course
of business. The use of any such report or bill in
lieu of the testimony of such treating physician,
dentist, chiropractor, osteopath, natureopath,
physical therapist, podiatrist, psychologist,
emergency medical technician or optometrist shall
not give rise to any adverse inference concerning
the testimony or lack of testimony of such
treating physician, dentist, chiropractor,
osteopath, natureopath, physical therapist,
podiatrist, psychologist, emergency medical
technician or optometrist.
Sec. 9. Section 54-76c of the general statutes
is repealed and the following is substituted in
lieu thereof:
In any case where an information or complaint
has been laid charging a defendant with the
commission of a crime, and where it appears that
the defendant is a youth, upon motion of the
defendant, his counsel, the state's attorney or
the prosecuting attorney, as the case may be, to
the court having jurisdiction that an
investigation be made of such defendant for the
purpose of determining whether he is eligible to
be adjudged a youthful offender, the court shall,
but only as to the public, order [such information
or complaint to be filed as a sealed information
or complaint] THE COURT FILE SEALED. The court on
its own motion may, but only as to the public,
order the [information or complaint] COURT FILE
sealed in the case of a youth charged with crime.
Sec. 10. Section 54-76l of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The records of any youth adjudged a
youthful offender, including fingerprints,
photographs and physical descriptions, shall be
confidential and shall not be open to public
inspection or be disclosed except as provided in
this section, but such fingerprints, photographs
and physical descriptions submitted to the State
Police Bureau of Identification of the Division of
State Police within the Department of Public
Safety at the time of the arrest of a person
subsequently adjudged a youthful offender shall be
retained as confidential matter in the files of
such bureau, and be opened to inspection only as
hereinafter provided. Other data ordinarily
received by such bureau, with regard to persons
arrested for a crime, shall be forwarded to the
bureau to be filed, in addition to the
fingerprints, photographs and physical
descriptions as mentioned above, and be retained
in the division as confidential information, open
to inspection only as hereinafter provided.
(b) The records of any youth adjudged a
youthful offender, or any part thereof, may be
disclosed to and between individuals and agencies,
and employees of such agencies, providing services
directly to the youth including law enforcement
officials, state and federal prosecutorial
officials, school officials in accordance with
section 10-233h, court officials, the Division of
Criminal Justice, the Office of Adult Probation,
the Office of the Bail Commission, the Board of
Parole and an advocate appointed pursuant to
section 54-221 for a victim of a crime committed
by the youth. Such records shall ALSO be available
to the attorney representing the [child] YOUTH, IN
ANY PROCEEDINGS IN WHICH SUCH RECORDS ARE
RELEVANT, TO his parents or guardian, UNTIL SUCH
TIME AS THE YOUTH REACHES THE AGE OF MAJORITY OR
IS EMANCIPATED, AND TO THE YOUTH UPON HIS
ATTAINMENT OF THE AGE OF MAJORITY, PROVIDED PROOF
OF THE IDENTITY OF SUCH YOUTH IS SUBMITTED IN
ACCORDANCE WITH GUIDELINES PRESCRIBED BY THE CHIEF
COURT ADMINISTRATOR. Such records disclosed
pursuant to this subsection shall not be further
disclosed.
(c) The records of any youth adjudged a
youthful offender, or any part thereof, may be
disclosed upon order of the court to any person
who has a legitimate interest in the information
and is identified in such order. Records or
information disclosed pursuant to this subsection
shall not be further disclosed.
(d) The records of any youth adjudged a
youthful offender, or any part thereof, shall be
available to the victim of the crime committed by
such youth to the same extent as the record of the
case of a defendant in a criminal proceeding in
the regular criminal docket of the Superior Court
is available to a victim of the crime committed by
such defendant. The court shall designate an
official from whom such victim may request such
information. Information disclosed pursuant to
this subsection shall not be further disclosed.
(e) Any reports and files held by the Office
of Adult Probation regarding any youth adjudged a
youthful offender may be disclosed to the Office
of the Bail Commission for the purpose of
performing the duties contained in section 54-63b.
Sec. 11. Section 54-56g of the general
statutes, as amended by section 14 of public act
97-309 and section 32 of public act 97-8 of the
June 18 special session, is repealed and the
following is substituted in lieu thereof:
(a) There shall be a pretrial alcohol
education system for persons charged with a
violation of section 14-227a. Upon application by
any such person for participation in such system
and payment to the court of an application fee of
fifty dollars, the court shall, but only as to the
public, order [such information or complaint to be
filed as a sealed information or complaint] THE
COURT FILE SEALED, provided such person states
under oath, in open court or before any person
designated by the clerk and duly authorized to
administer oaths, under penalties of perjury that
he has never had such system invoked in his behalf
and that he has not been convicted of a violation
of section 53a-56b or 53a-60d, a violation of
subsection (a) of section 14-227a before or after
October 1, 1981, or a violation of subdivision (1)
or (2) of subsection (a) of section 14-227a on or
after October 1, 1985, and that he has not been
convicted in any other state at any time of an
offense the essential elements of which are
substantially the same as section 53a-56b or
53a-60d or subdivision (1) or (2) of subsection
(a) of section 14-227a. Unless good cause is
shown, a person shall be ineligible for
participation in such pretrial alcohol education
system if his alleged violation of section 14-227a
caused the serious physical injury, as defined in
section 53a-3, of another person. The fee imposed
by this subsection shall be credited to the
Criminal Injuries Compensation Fund established by
section 54-215.
(b) The court, after consideration of the
recommendation of the state's attorney, assistant
state's attorney or deputy assistant state's
attorney in charge of the case, may, in its
discretion, grant such application. If the court
grants such application, it shall refer such
person to the Bail Commission for assessment and
confirmation of the eligibility of the applicant.
The Bail Commission, in making its assessment and
confirmation, may rely on the representations made
by the applicant under oath in open court with
respect to convictions in other states of offenses
specified in subsection (a) of this section. Upon
confirmation of eligibility, the defendant shall
be referred to the Department of Mental Health and
Addiction Services by the Bail Commission for
evaluation and placement in an appropriate alcohol
program for one year. Any person who enters the
system shall agree: (1) To the tolling of the
statute of limitations with respect to such crime,
(2) to a waiver of his right to a speedy trial,
(3) to participate in at least ten counseling
sessions in an alcohol program pursuant to this
section and complete the assigned program, and (4)
to accept placement in a treatment program upon
recommendation of a provider under contract with
the Department of Mental Health and Addiction
Services pursuant to subsection (d) of this
section or placement in a treatment program which
has standards substantially similar to, or higher
than, a program of a provider under contract with
the Department of Mental Health and Addiction
Services if the Bail Commission deems it
appropriate. The suspension of the motor vehicle
operator's license of any such person pursuant to
section 14-227b shall be effective during the
period such person is participating in such
program, provided such person shall have the
option of not commencing the participation in such
program until the period of such suspension is
completed. If the Bail Commission informs the
court that the defendant is ineligible for the
system and the court makes a determination of
ineligibility or if the program provider certifies
to the court that the defendant did not
successfully complete the assigned program or is
no longer amenable to treatment, the court shall
order the [information or complaint] COURT FILE to
be unsealed, enter a plea of not guilty for such
defendant and immediately place the case on the
trial list. If such defendant satisfactorily
completes the assigned program he may apply for
dismissal of the charges against him and the
court, on reviewing the record of his
participation in such program submitted by the
Bail Commission and on finding such satisfactory
completion, shall dismiss the charges. If the
defendant does not apply for dismissal of the
charges against him after satisfactorily
completing the assigned program the court, upon
receipt of the record of his participation in such
program submitted by the Bail Commission, may on
its own motion make a finding of such satisfactory
completion and dismiss the charges. Upon motion of
the defendant and a showing of good cause, the
court may extend the one-year placement period for
a reasonable period for the defendant to complete
the assigned program. A record of participation in
such program shall be retained by the Bail
Commission for a period of seven years from the
date of application. The Bail Commission shall
transmit to the Department of Motor Vehicles a
record of participation in such program for each
person who satisfactorily completes such program.
The Department of Motor Vehicles shall maintain
for a period of seven years the record of a
person's participation in such program as part of
such person's driving record.
(c) At the time the court grants the
application for participation in the pretrial
alcohol education system, such person shall also
pay to the court a nonrefundable program fee of
four hundred twenty-five dollars, except that no
person may be excluded from such program for
inability to pay such fee, provided (1) such
person files with the court an affidavit of
indigency or inability to pay, (2) such indigency
is confirmed by the Bail Commission, and (3) the
court enters a finding thereof. If the court
denies the application, such person shall not be
required to pay the program fee. If the court
grants the application, and such person is later
determined to be ineligible for participation in
such pretrial alcohol education system or fails to
complete the assigned program, the
four-hundred-twenty-five-dollar program fee shall
not be refunded. All such program fees shall be
credited to the General Fund.
(d) The Department of Mental Health and
Addiction Services shall contract with service
providers, develop standards and oversee
appropriate alcohol programs to meet the
requirements of this section. Said department
shall adopt regulations in accordance with chapter
54 to establish standards for such alcohol
programs. Any defendant whose employment or
residence makes it unreasonable to attend an
alcohol program in this state may attend a program
in another state which has standards substantially
similar to, or higher than, those of this state,
subject to the approval of the court and payment
of the application and program fees as provided in
this section.
Sec. 12. Section 51-219a of the general
statutes, as amended by section 4 of public act
97-200, is repealed and the following is
substituted in lieu thereof:
(a) The Jury Administrator, who is appointed
in accordance with section 51-10 and subject to
supervision by the Chief Court Administrator,
shall be responsible for qualifying, summoning,
selecting, managing and utilizing jurors in the
Superior Court.
(b) The Jury Administrator, subject to the
approval of the Chief Court Administrator, shall
have the authority to study and to implement
procedures for the improvement of jury
administration, for the reduction of costs of
selection and management of jurors, and for the
more effective utilization of jurors.
(c) THE JURY ADMINISTRATOR SHALL HAVE THE
AUTHORITY TO CANCEL THE SERVICE OF ANY JUROR FOR
GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO, THE
FOLLOWING: (1) THE TOWN IN WHICH THE JUROR RESIDES
IS REASSIGNED TO A DIFFERENT JUDICIAL DISTRICT
THAN THAT TO WHICH THE JUROR WAS ORIGINALLY
SUMMONED, OR (2) THERE IS A REDUCTION IN THE NEED
FOR JURORS. WHEN JURY SERVICE IS CANCELED DUE TO A
REDUCTION IN THE NEED FOR JURORS, INDIVIDUALS
SHALL BE SELECTED ON A RANDOM BASIS FOR
CANCELLATION OF JURY SERVICE.
Sec. 13. Section 51-344 of the general
statutes, as amended by sections 4 to 6,
inclusive, of public act 95-220 and section 1 of
public act 97-16, is repealed and the following is
substituted in lieu thereof:
For purposes of establishing venue, the
Superior Court shall consist of the following
judicial districts:
(1) The judicial district of Ansonia-Milford,
consisting of the towns of Ansonia, Beacon Falls,
Derby, Milford, Orange, Oxford, Seymour, Shelton
and West Haven;
(2) The judicial district of Danbury,
consisting of the towns of Bethel, Brookfield,
Danbury, New Fairfield, Newtown, Redding,
Ridgefield and Sherman;
(3) The judicial district of Fairfield,
consisting of the towns of Bridgeport, Easton,
Fairfield, Monroe, Stratford and Trumbull;
(4) The judicial district of Hartford,
consisting of the towns of Avon, Bloomfield,
Canton, East Granby, East Hartford, East Windsor,
Enfield, Farmington, Glastonbury, Granby,
Hartford, Manchester, Marlborough, [Newington,
Rocky Hill,] Simsbury, South Windsor, Suffield,
West Hartford, [Wethersfield,] Windsor [,] and
Windsor Locks;
(5) The judicial district of Litchfield,
consisting of the towns of Barkhamsted, Bethlehem,
Bridgewater, Canaan, Colebrook, Cornwall, Goshen,
Hartland, Harwinton, Kent, Litchfield, Morris, New
Hartford, New Milford, Norfolk, North Canaan,
Roxbury, Salisbury, Sharon, Thomaston, Torrington,
Warren, Washington and Winchester;
(6) The judicial district of Middlesex,
consisting of the towns of Chester, Clinton,
Cromwell, Deep River, Durham, East Haddam, East
Hampton, Essex, Haddam, Killingworth, Middlefield,
Middletown, Old Saybrook, Portland and Westbrook;
(7) The judicial district of New Britain,
consisting of the towns of Berlin, Bristol,
Burlington, New Britain, NEWINGTON, Plainville,
Plymouth, [and] ROCKY HILL, Southington AND
WETHERSFIELD;
(8) The judicial district of New Haven,
consisting of the towns of Bethany, Branford,
Cheshire, East Haven, Guilford, Hamden, Madison,
Meriden, New Haven, North Branford, North Haven,
Wallingford and Woodbridge;
(9) The judicial district of New London,
consisting of the towns of Bozrah, Colchester,
East Lyme, Franklin, Griswold, Groton, Lebanon,
Ledyard, Lisbon, Lyme, Montville, New London,
North Stonington, Norwich, Old Lyme, Preston,
Salem, Sprague, Stonington, Voluntown and
Waterford;
(10) The judicial district of
Stamford-Norwalk, consisting of the towns of
Darien, Greenwich, New Canaan, Norwalk, Stamford,
Weston, Westport and Wilton;
(11) The judicial district of Tolland,
consisting of the towns of Andover, Bolton,
Columbia, Coventry, Ellington, Hebron, Mansfield,
Somers, Stafford, Tolland, Union, Vernon and
Willington;
(12) The judicial district of Waterbury,
consisting of the towns of Middlebury, Naugatuck,
Prospect, Southbury, Waterbury, Watertown, Wolcott
and Woodbury; and
(13) The judicial district of Windham,
consisting of the towns of Ashford, Brooklyn,
Canterbury, Chaplin, Eastford, Hampton, Killingly,
Plainfield, Pomfret, Putnam, Scotland, Sterling,
Thompson, Windham and Woodstock.
Sec. 14. Section 51-345 of the general
statutes, as amended by section 10 of public act
97-40, is repealed and the following is
substituted in lieu thereof:
(a) Except as provided in section 51-348 and
subsections (b) to (g), inclusive, of this
section, all civil process shall be made
returnable to a judicial district, as follows:
(1) If all the parties reside outside this
state, to the judicial district where (A) the
injury occurred, (B) the transaction occurred, or
(C) the property is located or lawfully attached.
(2) If the defendant is not a resident, to the
judicial district where the attached property is
located.
(3) If either or both the plaintiff or
defendant are residents of this state, to the
judicial district where either the plaintiff or
defendant resides, except:
(A) If either the plaintiff or the defendant
resides in the town of Manchester, East Windsor,
South Windsor or Enfield, the action may be made
returnable at the option of the plaintiff to
either the judicial district of Hartford or the
judicial district of Tolland.
(B) If either the plaintiff or the defendant
resides in the town of Plymouth, the action may be
made returnable at the option of the plaintiff to
either the judicial district of New Britain or the
judicial district of Waterbury.
(C) If either the plaintiff or the defendant
resides in the town of Bethany, Milford, West
Haven or Woodbridge, the action may be made
returnable at the option of the plaintiff to
either the judicial district of New Haven or the
judicial district of Ansonia-Milford.
(D) If either the plaintiff or the defendant
resides in the town of Southbury, the action may
be made returnable at the option of the plaintiff
to either the judicial district of Ansonia-Milford
or the judicial district of Waterbury.
(E) If either the plaintiff or defendant
resides in the town of Darien, Greenwich, New
Canaan, Norwalk, Stamford, Weston, Westport or
Wilton, the action may be made returnable at the
option of the plaintiff to either the judicial
district of Stamford-Norwalk or the judicial
district of Fairfield.
(F) If either the plaintiff or defendant
resides in the town of Watertown or Woodbury, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Waterbury or the judicial district of Litchfield.
(G) If either the plaintiff or defendant
resides in the town of Avon, Canton, Farmington or
Simsbury, the action may be made returnable at the
option of the plaintiff to either the judicial
district of Hartford or the judicial district of
New Britain.
(H) If either the plaintiff or defendant
resides in the town of Newington, ROCKY HILL OR
WETHERSFIELD, the action may be made returnable at
the option of the plaintiff to either the judicial
district of Hartford or the judicial district of
New Britain, except for actions where venue is in
the geographical area as provided in section
51-348 or in rules of court.
(I) If either the plaintiff or defendant
resides in the town of Cromwell, the action may be
made returnable at the option of the plaintiff to
either the judicial district of Hartford or the
judicial district of Middlesex.
(b) In all actions involving the title to
land, for trespass to land and to foreclose or
redeem mortgages or liens upon real property,
civil process shall be made returnable to the
judicial district where the real property is
located, either entirely or in part, except:
(1) If the land is located in the town of
Manchester, East Windsor, South Windsor or Enfield
and either the plaintiff or the defendant resides
in the town of Manchester, East Windsor, South
Windsor or Enfield, the action may be made
returnable at the option of the plaintiff to
either the judicial district of Hartford or the
judicial district of Tolland.
(2) If the land is located in the town of
Plymouth and either the plaintiff or the defendant
resides in the town of Plymouth, the action may be
made returnable at the option of the plaintiff to
either the judicial district of New Britain or the
judicial district of Waterbury.
(3) If the land is located in the town of
Bethany, Milford, West Haven or Woodbridge and
either the plaintiff or the defendant resides in
the town of Bethany, Milford, West Haven or
Woodbridge, the action may be made returnable at
the option of the plaintiff to either the judicial
district of New Haven or the judicial district of
Ansonia-Milford.
(4) If the land is located in the town of
Southbury and either the plaintiff or the
defendant resides in the town of Southbury, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Ansonia-Milford or the judicial district of
Waterbury.
(5) If the land is located in the town of
Weston, Westport or Wilton and either the
plaintiff or the defendant resides in any one of
these towns, the action may be made returnable at
the option of the plaintiff to either the judicial
district of Stamford-Norwalk or the judicial
district of Fairfield.
(6) If the land is located in the town of
Watertown or Woodbury and either the plaintiff or
the defendant resides in the town of Watertown or
Woodbury, the action may be made returnable at the
option of the plaintiff to either the judicial
district of Waterbury or the judicial district of
Litchfield.
(7) If the land is located in the town of
Avon, Canton, Farmington or Simsbury and either
the plaintiff or the defendant resides in the town
of Avon, Canton, Farmington or Simsbury, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Hartford or the judicial district of New Britain.
(8) If the land is located in the town of
Newington, ROCKY HILL OR WETHERSFIELD and either
the plaintiff or the defendant resides in the town
of Newington, ROCKY HILL OR WETHERSFIELD, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Hartford or the judicial district of New Britain,
except for actions where venue is in the
geographical area as provided in section 51-348 or
in rules of court.
(c) In all actions by a corporation, except
actions made returnable under subsection (b), (d)
or (g) of this section, civil process shall be
made returnable as follows:
(1) If the plaintiff is either a domestic
corporation or a United States corporation and the
defendant is a resident, either (A) to the
judicial district where the plaintiff has an
office or place of business or (B) to the judicial
district where the defendant resides.
(2) If the plaintiff is either a domestic
corporation or a United States corporation and the
defendant is a corporation, domestic or foreign,
to the judicial district where (A) the plaintiff
has an office or place of business, (B) the injury
occurred, (C) the transaction occurred, or (D) the
property is located or lawfully attached.
(3) If the plaintiff is a foreign corporation
and the defendant is a resident, to the judicial
district where the defendant resides.
(4) If the plaintiff is a foreign corporation
and the defendant is a corporation, domestic or
foreign, to the judicial district where (A) the
injury occurred, (B) the transaction occurred, or
(C) the property is located or lawfully attached.
(d) In all actions involving consumer
transactions, civil process shall be made
returnable to the judicial district where the
consumer resides or where the transaction
occurred. For the purposes of this subsection,
consumer transaction means a transaction in which
a natural person obligates himself to pay for
goods sold or leased, services rendered or moneys
loaned for personal, family or household purposes.
(e) In all actions for the partition or sale
of any property, civil process shall be made
returnable to the judicial district where the
parties, or one of them, reside; but, if none of
them resides in this state, then to the judicial
district where all or a part of the property is
located.
(f) In all actions by a nonresident executor,
trustee under a will or administrator, civil
process shall be made returnable to the same
judicial district as would be proper if the
plaintiff resided in the town where the court of
probate which granted administration is held.
(g) In small claims matters, civil process
shall be made returnable to a Superior Court
facility designated by the Chief Court
Administrator to serve the small claims area
within the boundaries of the judicial district
where the plaintiff resides, where the defendant
resides or is doing business or where the
transaction or injury occurred.
Sec. 15. Section 51-181 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Superior Court shall sit continuously
throughout the year, at such times and places and
for such periods as are set by the Chief Court
Administrator or, with the approval of the Chief
Court Administrator, his designee, in the
following cities or towns except as otherwise
provided by law: (1) In the judicial district of
Ansonia-Milford, at Ansonia or Derby and at
Milford; (2) in the judicial district of Danbury,
at Danbury; (3) in the judicial district of
Fairfield, at Bridgeport; (4) in the judicial
district of Hartford, at Hartford and, whenever
suitable accommodations are provided without
expense to the state, at Manchester; (5) in the
judicial district of Litchfield, at Litchfield,
New Milford, [and] Winchester and [, whenever
suitable accommodations are provided without
expense to the state, at] Torrington; (6) in the
judicial district of Middlesex, at Middletown; (7)
in the judicial district of New Britain, at New
Britain and Bristol; (8) in the judicial district
of New Haven, at New Haven and Meriden; (9) in the
judicial district of New London, at Norwich and
New London; (10) in the judicial district of
Stamford-Norwalk, at Stamford; (11) in the
judicial district of Tolland, at Rockville; (12)
in the judicial district of Waterbury, at
Waterbury; and (13) in the judicial district of
Windham, at Putnam and Willimantic.
(b) The court shall sit not less than forty
weeks in Bristol and Stamford.
Sec. 16. Section 54-56e of the general
statutes, as amended by section 10 of public act
97-248, is repealed and the following is
substituted in lieu thereof:
There shall be a pretrial program for
accelerated rehabilitation of persons accused of a
crime or crimes or a motor vehicle violation or
violations for which a sentence to a term of
imprisonment may be imposed, which crimes or
violations are not of a serious nature. The court
may, in its discretion, invoke such program on
motion of the defendant or on motion of a state's
attorney or prosecuting attorney with respect to
an accused who, the court believes, will probably
not offend in the future, who has no previous
record of conviction of a crime or of a violation
of section 14-196, subsection (c) of section
14-215, section 14-222a, subsection (a) of section
14-224 or section 14-227a, who has not previously
been adjudged a youthful offender ON OR AFTER
OCTOBER 1, 1995, under the provisions of sections
54-76b to 54-76n, inclusive, and who states under
oath, in open court or before any person
designated by the clerk and duly authorized to
administer oaths, under the penalties of perjury
that he has never had such program invoked in his
behalf, provided the defendant shall agree thereto
and provided notice has been given by the accused,
on a form approved by rule of court, to the victim
or victims of such crime or motor vehicle
violation, if any, by registered or certified mail
and such victim or victims have an opportunity to
be heard thereon. Any defendant who makes
application for participation in such program
shall pay to the court an application fee of
thirty-five dollars. This section shall not be
applicable to any person charged with a class A or
class B felony or a violation of section 14-227a,
subdivision (2) of section 53-21, section 53a-56b,
53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a
or 53a-72b or to any person accused of a family
violence crime as defined in section 46b-38a who
(1) is eligible for the pretrial family violence
education program established under section
46b-38c, or (2) has previously had the pretrial
family violence education program invoked in his
behalf. Unless good cause is shown, this section
shall not be applicable to any person charged with
a class C felony. Any defendant who enters such
program shall pay to the court a participation fee
of one hundred dollars. Any defendant who enters
such program shall agree to the tolling of any
statute of limitations with respect to such crime
and to a waiver of his right to a speedy trial.
Any such defendant shall appear in court and
shall, under such conditions as the court shall
order, be released to the custody of the Office of
Adult Probation, except that, if a criminal docket
for drug-dependent persons has been established
pursuant to section 51-181b in the judicial
district, such defendant may be transferred, under
such conditions as the court shall order, to the
court handling such docket for supervision by such
court. If the defendant refuses to accept, or,
having accepted, violates such conditions, his
case shall be brought to trial. The period of such
probation or supervision, or both, shall not
exceed two years. If the defendant has reached the
age of sixteen years but has not reached the age
of eighteen years, the court may order that as a
condition of such probation the defendant be
referred for services to a youth service bureau
established pursuant to section 17a-39, provided
the court finds, through an assessment by a youth
service bureau or its designee, that the defendant
is in need of and likely to benefit from such
services. If a defendant released to the custody
of the Office of Adult Probation satisfactorily
completes his period of probation, he may apply
for dismissal of the charges against him and the
court, on finding such satisfactory completion,
shall dismiss such charges. If the defendant does
not apply for dismissal of the charges against him
after satisfactorily completing his period of
probation, the court, upon receipt of a report
submitted by the Office of Adult Probation that
the defendant satisfactorily completed his period
of probation, may on its own motion make a finding
of such satisfactory completion and dismiss such
charges. If a defendant transferred to the court
handling the criminal docket for drug-dependent
persons satisfactorily completes his period of
supervision, the court shall release the defendant
to the custody of the Office of Adult Probation
under such conditions as the court shall order or
shall dismiss such charges. Upon dismissal, all
records of such charges shall be erased pursuant
to section 54-142a. An order of the court denying
a motion to dismiss the charges against a
defendant who has completed his period of
probation or supervision or terminating the
participation of a defendant in such program shall
be a final judgment for purposes of appeal.
Sec. 17. Subsection (c) of section 51-90f of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The panel shall complete its investigation
and render its determination that probable cause
or no probable cause exists that the attorney is
guilty of misconduct not later than ninety days
from the date the complaint was referred to it by
the committee or state-wide bar counsel. The panel
may file a motion for extension of time not to
exceed thirty days with the State-Wide Grievance
Committee which may grant the motion only for good
cause shown. If the panel does not complete its
action on a complaint within the time provided in
this section, the State-Wide Grievance Committee
shall, on motion of the complainant or the
respondent or on its own motion, inquire into the
delay and order that the panel take action on the
complaint forthwith or that the complaint be
referred to and heard by another panel or a
reviewing subcommittee designated by the
State-Wide Grievance Committee. Upon the
completion of its investigation, the panel shall
notify the complainant and the attorney that its
investigation has been completed and the results
thereof. The failure of a grievance panel to
complete its action on a complaint within the
period of time provided in this section shall not
be cause for dismissal of the complaint. THE PANEL
SHALL NOT MAKE A PROBABLE CAUSE DETERMINATION
BASED, IN FULL OR IN PART, ON A CLAIM OF
MISCONDUCT NOT ALLEGED IN THE COMPLAINT WITHOUT
FIRST NOTIFYING THE RESPONDENT THAT IT IS
CONSIDERING SUCH ACTION AND AFFORDING THE
RESPONDENT THE OPPORTUNITY TO BE HEARD.
Sec. 18. Subsection (a) of section 51-90g of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The State-Wide Grievance Committee may
designate at least three members of the committee,
including at least one-third who are not
attorneys, to serve as a reviewing subcommittee
for each determination made by a panel on a
complaint. The committee shall regularly rotate
membership on reviewing subcommittees and
assignments of complaints from the various
judicial districts. The State-Wide Grievance
Committee or the subcommittee, if any, shall hold
a hearing concerning the complaint if the panel
determined that probable cause exists that the
attorney is guilty of misconduct. If the grievance
panel determined that probable cause does not
exist that the attorney is guilty of misconduct,
the committee or subcommittee shall review the
determination of no probable cause, take evidence
if it deems it appropriate and, if it determines
that probable cause does exist that the attorney
is guilty of misconduct, shall take the following
action: (1) If the State-Wide Grievance Committee
reviewed the determination of the grievance panel
it shall hold a hearing concerning the complaint
or assign the matter to a subcommittee to hold the
hearing; or (2) if a subcommittee reviewed the
determination of the grievance panel it shall hold
a hearing concerning the complaint or refer the
matter to the State-Wide Grievance Committee which
shall assign it to another subcommittee to hold
the hearing. THE COMMITTEE OR SUBCOMMITTEE SHALL
NOT MAKE A PROBABLE CAUSE DETERMINATION BASED, IN
FULL OR IN PART, ON A CLAIM OF MISCONDUCT NOT
ALLEGED IN THE COMPLAINT WITHOUT FIRST NOTIFYING
THE RESPONDENT THAT IT IS CONSIDERING SUCH ACTION
AND AFFORDING THE RESPONDENT THE OPPORTUNITY TO BE
HEARD. An attorney who maintains his office for
the practice of law in the same judicial district
as the respondent may not sit on the reviewing
subcommittee for that case.
Sec. 19. (NEW) Notwithstanding any provisions
of chapter 815j of the general statutes, no court
shall make an order granting the right of
visitation to a parent who has been convicted of
murder under section 53a-54a, 53a-54b, 53a-54c or
53a-54d of the general statutes, or in any other
jurisdiction, of any crime the essential elements
of which are substantially the same as any of such
crimes, of the other parent of the child who is
the subject of the visitation order, unless such
child is of sufficient age to signify his wishes
and he assents to such order. Until any such
visitation order is granted, no person shall
visit, with the child present, such parent who has
been convicted of murder without the consent of
the child's guardian or legal custodian.
Sec. 20. This act shall take effect from its
passage, except that section 19 shall take effect
July 1, 1998, sections 13 and 14 shall take effect
September 1, 1998, and sections 1 to 11,
inclusive, and section 15 shall take effect
October 1, 1998.
Approved May 22, 1998