Connecticut Seal

General Assembly

Amendment

 

January Session, 2015

LCO No. 8031

   
 

*SB0103308031HDO*

Offered by:

 

REP. TONG, 147th Dist.

REP. REBIMBAS, 70th Dist.

REP. SIMMONS, 144th Dist.

 

To: Subst. Senate Bill No. 1033

File No. 738

Cal. No. 572

(As Amended by Senate Amendment Schedule "A")

"AN ACT CONCERNING COURT OPERATIONS. "

In line 124, after "document,", insert "provided such judicial marshal or Support Enforcement Services of the Superior Court is in possession of the original document,"

In line 278, after "format", insert "includes an electronic format and"

In line 279, after "distribution of" insert "all official legal publications, all archived official legal protections and"

Strike lines 411 to 420, inclusive, in their entirety and substitute the following in lieu thereof:

"(c) No person who is listed as a respondent in a restraining order issued pursuant to section 46b-15 or a foreign order of protection issued pursuant to section 46b-15a and against whom there is an order of no contact with the protected party or parties may be criminally liable for a violation of such order if such person causes a document filed in a family relations matter, as defined in section 46b-1, to be served on the protected party or parties in accordance with the law by mail or through a third party who is authorized by statute to serve process."

Strike section 10 in its entirety and renumber the remaining sections accordingly

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (Effective from passage) (a) Notwithstanding the failure to file a proper notice of a claim against the state with the clerk of the Office of the Claims Commissioner, within the time limitations specified by subsection (a) of section 4-148 of the general statutes, Lori Calvert is authorized pursuant to the provisions of subsection (b) of section 4-148 of the general statutes to present her claim against the state to the Claims Commissioner. The General Assembly finds that there is a public purpose served by encouraging accountable state government through the full adjudication of cases involving persons who claim to have been injured by the conduct of state actors. The General Assembly further finds it just and equitable that the time limitations provided for in subsection (a) of section 4-148 of the general statutes be tolled in a case such as this, involving a claimant who commenced a civil action in the superior court for the judicial district of Hartford in December 2010, thereby providing notice to the state of her claim within the statute of limitations for injuries to her person that are alleged to have occurred in January 2010. The General Assembly deems such authorization to be just and equitable and finds that such authorization is supported by compelling equitable circumstances and would serve a public purpose. Such claim shall be presented to the Claims Commissioner not later than one year after the effective date of this section.

(b) The state shall be barred from setting up the failure to comply with the provisions of sections 4-147 and 4-148 of the general statutes, from denying that notice of the claim was properly and timely given pursuant to sections 4-147 and 4-148 of the general statutes and from setting up the fact that the claim had once been considered by the Claims Commissioner, by the General Assembly or in a judicial proceeding as defenses to such claim. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

from passage

New section