PA 07-69—sHB 6057

Judiciary Committee

AN ACT CONCERNING THE INDEMNIFICATION OF AND THE IMPOSITION OF FEES ON STATE MARSHALS

SUMMARY: This act requires the state to indemnify a state marshal for financial loss and expense, including court costs and reasonable attorney's fees, from any personal or property injury claim that (1) is caused by or based on the actions of someone lawfully taken into custody under a court order (specifically a capias) from the Superior Court's Support Enforcement Services and (2) occurs while the person is in custody and is transported in a private motor vehicle operated by the state marshal.

If the marshal is subject to a judgment because of his or her malicious, wanton, or willful act, the act requires the marshal to reimburse the state for any expenses incurred in defending the state marshal and the state is not liable to the marshal for any financial loss or expenses.

The act prohibits a private entity from charging a state marshal a fee to perform the marshal's statutory duties.

EFFECTIVE DATE: October 1, 2007

BACKGROUND

State Marshals, Liability Insurance, and Bond

By law, state marshals are independent contractors compensated on a fee-for-service basis. They provide legal execution and service of process.

The law requires state marshals to carry personal liability insurance for damages caused by the following conduct: negligent acts, errors, or omissions on which the state marshal becomes legally obligated for damages, false arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, libel, slander, defamation, violation of property rights, or assault and battery committed while making or attempting an arrest or against an arrested person. The conduct must occur during the performance of official duties. The insurance must cover at least $100,000 for damage to one person or his property and $300,000 for damage to more than one person or more than one person's property.

The law also requires the state to pay the premium on a bond state marshals must give the State Marshal Commission. The bond must be $10,000 for the faithful performance of duties and for damages based on unfaithfulness or neglect and $100,000 if the marshal collects tax warrants for the state or municipalities.

OLR Tracking: CR: JK: JL: dw