PA 15-211—sSB 1105

Judiciary Committee

AN ACT CONCERNING REVISIONS TO THE CRIMINAL JUSTICE STATUTES, AND CONCERNING THE PSYCHIATRIC SECURITY REVIEW BOARD, DOMESTIC VIOLENCE, CONDOMINIUM ASSOCIATIONS AND DEPOSITIONS OF PERSONS LIVING OUT-OF-STATE

SUMMARY: This act makes a number of unrelated changes principally in criminal laws. It also makes changes affecting land subject to conservation restriction, the Common Interest Ownership Act (CIOA), and subpoenas from out-of-state actions.

Among its significant changes to criminal laws, the act:

1. makes it a form of 2nd degree assault to intentionally cause physical injury to someone by striking or kicking the other person in the head while the person is in a lying position, thus increasing the penalty for this conduct from a class A misdemeanor to a class D felony (see Table on Penalties);

2. increases the penalty for 2nd degree assault from a class D felony to a class C felony (see Table on Penalties) when serious physical injury results;

3. excludes from participation in accelerated rehabilitation (AR) health care providers or vendors participating in the state's Medicaid program who are charged with (a) 1st degree larceny or (b) 2nd degree larceny involving defrauding a public community of $2,000 or less;

4. excludes from participation in the pretrial alcohol education program people charged with 2nd degree manslaughter with a vessel or 1st degree reckless vessel operation while under the influence of drugs or alcohol and makes other changes to eligibility based on prior convictions and program usage;

5. makes assaulting a state or municipal animal control officer or a licensed and registered security officer a class C felony;

6. makes changes affecting sentencing for 1st degree sexual assault and 1st degree aggravated sexual assault, such as expanding when the court may order probation for these crimes and increasing the mandatory minimum for the latter crime in some circumstances;

7. expands the definition of a “peace officer” to include U. S. marshals and deputy marshals;

8. creates a 16-member Domestic Violence Offender Program Standards Advisory Council to promulgate, review, update, and amend the domestic violence offender program standards;

9. extends to family violence victims the right to keep certain information confidential, as existing law allows for sexual assault victims; and

10. increases the penalty for drivers who fail to stop after being involved in accidents causing serious physical injury or death.

The act makes four additional changes, not related to criminal laws. It:

1. prevents land subject to a conservation restriction held by a nonprofit land-holding organization from being acquired by adverse possession,

2. narrows the applicability of a law allowing for certain master associations under CIOA to terminate and transfer their assets to a new nonstock corporation,

3. expands when CIOA executive boards may act without a meeting, and

4. establishes procedures for (a) someone who receives a subpoena related to a civil or probate action in another state or a foreign country and who is not a party to that proceeding to object to the subpoena as an undue or unreasonable burden or expense and (b) the court to rule on a request to enforce the subpoena.

Below we provide a section-by-section analysis.

EFFECTIVE DATE: October 1, 2015 except the provisions on (1) the extradition cost task force, conditional releases from the Psychiatric Security Review Board, U. S. marshals, domestic violence council, and termination of master associations are effective upon passage; (2) family violence victim confidentiality are effective July 1, 2015; and (3) family violence intervention units are effective January 1, 2016.

1 — SERVING PROBATION TERMS

When a person is sentenced to a period of probation or conditional discharge to be served after a prison sentence, the law requires the probation or conditional discharge period to begin when the person is released from prison. Under case law, the court can delay the start of a probation or conditional discharge term only when a person is in prison under a sentence for the same crime; it cannot delay the probation or conditional discharge period if the person is in prison due to a sentence on a different conviction (State v. Moore, 85 Conn. App. 7 (2004)).

The act requires any probation or conditional discharge term to begin when the defendant is released from prison, regardless of when the prison sentence is imposed.

2 — TASK FORCE ON EXTRADITION AND BONDS

The act creates a task force to examine:

1. ways to reduce costs to extradite someone to the state for criminal proceedings and

2. the feasibility of a court vacating bond forfeiture orders when a professional bondsman, surety bail bond agent, or insurer pays the extradition costs.

The task force must report its recommendations to the Judiciary Committee by January 15, 2016, and it terminates on the later of that date or when it submits its report.

Members and Staff

The task force consists of the following nine members:

1. a Connecticut surety bail bond agent or professional bondsman, appointed by the House speaker;

2. a representative of an insurer who does bail bond business, appointed by the Senate president pro tempore;

3. one member each appointed by the Senate majority and minority leaders and the House majority and minority leaders, who may be legislators;

4. the emergency services and public protection commissioner, or her designee;

5. a representative of the U. S. Marshals Service, appointed by the U. S. marshal for the Connecticut district; and

6. the chief state's attorney.

The act requires appointing authorities to (1) make their appointments by July 30, 2015 and (2) fill any vacancies.

The act makes the chief state's attorney the task force chairman and requires him to hold the first meeting by August 29, 2015. The Judiciary Committee's administrative staff must serve as the task force's administrative staff.

3 — FELONY MURDER

The act expands the crime of felony murder to include when a person commits or attempts to commit home invasion and, during or in furtherance of the crime, or while fleeing the crime, the person or any other participant in the crime causes the death of someone not participating in the crime.

By law, felony murder includes causing a death as described above related to the crime of robbery, burglary, kidnapping, 1st or 3rd degree sexual assault, 1st degree aggravated sexual assault, 3rd degree sexual assault with a firearm, or 1st or 2nd degree escape.

4 — 2ND DEGREE ASSAULT

Conduct

The act increases the penalty for intentionally causing physical injury to someone, from a class A misdemeanor to a class D felony, when a person causes the injury by striking or kicking another person in the head while the person is in a lying position. It does so by making this conduct 2nd degree assault. By law, someone who intentionally causes physical injury in any manner commits the class A misdemeanor of 3rd degree assault (CGS 53a-61).

By law, a person commits 2nd degree assault when he or she does any of the following to someone:

1. intentionally causes serious physical injury;

2. intentionally causes physical injury by using a deadly weapon or dangerous instrument, other than discharging a firearm;

3. recklessly causes serious physical injury by using a deadly weapon or dangerous instrument;

4. for a purpose other than lawful medical or therapeutic treatment, intentionally causes stupor, unconsciousness, or other physical impairment or injury by administering, without the victim's consent, a drug, substance, or preparation capable of producing the same;

5. while on parole, intentionally causes physical injury to a Board of Pardons and Paroles employee or member; or

6. without provocation, strikes a person in the head, intentionally causing serious physical injury and rendering him or her unconscious.

Penalty

The act increases the penalty, from a class D felony to a class C felony, when a 2nd degree assault results in serious physical injury. By law, a “serious physical injury” is one that creates a substantial risk of death or causes serious disfigurement, impairment of health, or loss or impairment of an organ's function (CGS 53a-3(4)).

5-7 — SEX OFFENDER REGISTRATION PERIOD

The act specifies that the 10-year registration period required for certain sex offenders begins when the offender is released into the community. By law, offenders convicted of 4th degree sexual assault, certain types of voyeurism, or crimes designated as sexual offenses against a minor must register for 10 years. (PA 15-213 expands the conduct punishable as voyeurism and requiring registration as a sex offender. ) The court may require an offender convicted of a felony committed for a sexual purpose to register for 10 years.

By law, a person convicted of a (1) sexually violent crime or (2) subsequent conviction of 4th degree sexual assault, certain voyeurism crimes, or a sexual offense against a minor must register for life.

8 — TRESPASS

By law, a person commits simple trespass by entering any premises knowing he or she is not licensed or privileged to enter, without intent to harm the property. The act expands this infraction to include when a person remains in or on the premises.

9 — TAMPERING WITH OR FABRICATING EVIDENCE

The act expands the scope of this crime to cover conduct that occurs when a person believes a law enforcement criminal investigation is pending or about to begin. By law, a person tampers with or fabricates evidence when he or she:

1. believes an official proceeding is pending or about to begin and

2. (a) alters, destroys, conceals, or removes a record, document, or thing in order to impair its verity or availability in a proceeding or (b) makes, presents, or uses a record, document, or thing knowing it is false in order to mislead a public servant who is or may be engaged in the official proceeding.

The act expands this crime to cover these actions when a criminal investigation is pending or about to begin. Under case law, this crime did not cover situations where a person believed that only an investigation, but not an official proceeding, was likely (State v. Jordan, 314 Conn. 354 (2014)).

By law, this crime is a class D felony.

10 — AR AND 1ST AND 2ND DEGREE LARCENY

AR is a program that allows certain criminal defendants charged with nonserious crimes or motor vehicle violations to avoid prosecution and incarceration by successfully completing a court-sanctioned, community-based treatment program. Defendants who successfully complete the program have their charges dismissed.

The law excludes people charged with most class B felonies (see Table on Penalties) from participating in AR. People charged with some forms of the class B felony of 1st degree larceny may participate while others may not. By law, a person commits 1st degree larceny by depriving (1) someone of property or services valued at over $20,000 or of any value if obtained by extortion or (2) a public community of property valued at over $2,000 by fraud. Existing law prohibits someone from participating in AR if he or she committed the crime (1) while using, attempting to use, or threatening to use force or (2) by defrauding a public community and he or she is a public official or state or municipal employee.

The act additionally excludes someone charged with 1st degree larceny from participating in AR if he or she is a health care provider or vendor participating in the state's Medicaid program.

The law allows someone charged with a class C felony to participate in AR for good cause. The act excludes from AR participation someone charged with the class C felony of 2nd degree larceny when it involves defrauding a public community of $2,000 or less and the person is a health care provider or vendor participating in the state's Medicaid program.

By changing eligibility for AR, the act also affects eligibility for the supervised diversionary program for people with psychiatric disabilities and certain veterans (see 13).

11 — PRETRIAL ALCOHOL EDUCATION PROGRAM

If a defendant meets the eligibility criteria for this program, the court has discretion to allow his or her participation and he or she is placed in an alcohol intervention or a state-licensed substance abuse treatment program after an evaluation. If the defendant satisfactorily completes the program, the court dismisses the charges.

Eligibility

The act excludes from eligibility for this program people charged with:

1. 2nd degree manslaughter with a vessel (operating a vessel while under the influence of alcohol or drugs and causing another's death) or

2. 1st degree reckless vessel operation while under the influence (operating a vessel while under the influence of alcohol or drugs or with an elevated blood alcohol content and causing serious physical injury or more than $2,000 of property damage).

By law, unchanged by the act, a defendant is generally eligible for this program if he or she is charged with driving under the influence (DUI), violating safe boating rules (including drunken boating), or 2nd degree reckless vessel operation while under the influence.

Prior Program Usage. Previously, someone was ineligible for this program if he or she was (1) charged with DUI and had used the program in the previous 10 years for a DUI violation or (2) charged with DUI while under age 21 and had used the program for either type of DUI crime. The act instead makes someone ineligible if he or she (1) is charged with DUI, DUI while under age 21, drunken boating, or 2nd degree reckless vessel operation while under the influence and (2) has used the program for any one of these charges within the previous 10 years.

Prior Convictions. Existing law makes someone ineligible if he or she has a prior conviction of DUI, 2nd degree manslaughter with a motor vehicle (that involves DUI), 2nd degree assault with a motor vehicle (that involves DUI), or a similar crime in another state. The act also makes ineligible someone previously convicted of DUI while under age 21, 2nd degree manslaughter with a vessel (that involves operating under the influence), drunken boating, 1st degree reckless operation of a vessel under the influence, or 2nd degree reckless vessel operation while under the influence, or a similar crime in another state (except DUI while under age 21).

Other Exclusions. The law makes ineligible, except for good cause, someone charged with DUI or DUI while under age 21 if the conduct caused serious physical injury to another. The act also makes ineligible, except for good cause, someone charged with drunken boating if it caused serious physical injury to another.

By law, a person is also ineligible if he or she is charged with DUI and was operating a commercial vehicle or holds a commercial driver's license or instruction permit.

Reporting Program Usage

Prior law required the Judicial Branch's Court Support Services Division (CSSD) to report to the Department of Energy and Environmental Protection when someone charged with one of the boating crimes successfully completed the program. The act restricts when CSSD must report on people charged with violating rules for safe boating to instances when the safe boating violation involved drunken boating.

12 — PRETRIAL DRUG EDUCATION AND COMMUNITY SERVICE PROGRAM

The act requires the drug education program portion of the pretrial drug education and community service program to be a 15-session, rather than a 15-week, program. By law, this criminal diversion program is for people charged with drug paraphernalia or possession crimes.

13 — PRETRIAL SUPERVISED DIVERSIONARY PROGRAM

By law, this criminal diversion program is for people with psychiatric disabilities or certain veterans with mental conditions amenable to treatment.

The law ties eligibility for this program to the eligibility rules for AR. A person is ineligible for AR, and thus this program, if he or she could participate in the pretrial family violence education program. The act allows such a person to participate in the supervised diversionary program if it is the more appropriate program for the person under the circumstances.

By law, a person may only participate in this program twice.

14 — CONDITIONAL RELEASE BY THE PSYCHIATRIC SECURITY REVIEW BOARD (PSRB)

By law, the court may commit someone who is found not guilty of a crime because of mental disease or defect to the PSRB for a term up to the maximum sentence authorized for the crime. The board has authority, based on findings about the person's mental condition, to conditionally release him or her under the board's jurisdiction.

Prior law allowed the board to conditionally release someone for supervision and treatment on an outpatient basis. The act specifies that release is from a hospital for psychiatric disabilities and no longer requires the treatment to be on an outpatient basis.

The act refers to someone with a “psychiatric disability” rather than a “mental illness” and specifies that a psychiatric disability does not include an abnormality manifested only by repeated criminal or other antisocial conduct.

The act also makes technical changes.

15 — ASSAULT OF STATE OR MUNICIPAL ANIMAL CONTROL OFFICERS, SECURITY OFFICERS, OR RAIL PERSONNEL

Animal Control and Security Officers

The act makes assault of a state or municipal animal control officer or a licensed and registered security officer a class C felony, the same penalty as for assault of public safety, emergency medical, public transit and health care personnel, and liquor control agents, among others. A person commits this crime by assaulting a reasonably identifiable state or municipal animal control or security officer performing his or her duties, with intent to prevent the officer from performing the duties, by doing any of the following to the officer:

1. causing injury;

2. throwing objects capable of causing harm;

3. using tear gas, mace, or a similar harmful agent;

4. throwing paint, dye, or any other offensive substance; or

5. throwing bodily fluid, such as feces, blood, or saliva.

Prior law did not have a specific crime for assaulting these animal control or security officers. Generally, assaults are punishable, depending on the conduct, by penalties ranging from a class A misdemeanor to a class A felony.

Rail Personnel

By law, assaulting a public transit employee under the circumstances described above is also a class C felony. Among those considered public transit employees, prior law included those operating a vehicle providing rail service or performing duties directly related to operating it. The act instead includes train operators, conductors, inspectors, signal people, and station agents involved in public rail service.

16 & 17 — SEXUAL ASSAULT

The act makes changes affecting sentencing for 1st degree sexual assault and 1st degree aggravated sexual assault.

It expands when courts can order probation for these crimes by allowing them to do so even when the crimes are class A felonies (see Table on Penalties). This allows courts to impose what is often referred to as a “split sentence” (i. e. , a term of imprisonment, part of which is suspended, followed by probation). The act does not reduce any mandatory minimums.

By law, there is a mandatory minimum prison term of two, five, or 10 years for 1st degree sexual assault, depending on the particular violation. Under prior law, the sentence had to include a term of imprisonment and special parole that totaled at least 10 years. As an alternative, the act allows a 10-year or longer term of imprisonment, any non-mandatory portion of which may be suspended.

For aggravated sexual assault, the act (1) raises the mandatory minimum in certain circumstances involving victims who are minors and (2) eliminates the prior requirement of five years or more of special parole.

By law, the mandatory minimums for these crimes may be higher if the person falls under the persistent offender statutes (CGS 53a-40).

Probation for 1st Degree and 1st Degree Aggravated Sexual Assault

First-degree sexual assault and 1st degree aggravated sexual assault are generally class B felonies; they are class A felonies in some circumstances involving victims who are minors.

The act allows a court to suspend a non-mandatory portion of the sentence and impose probation for 1st degree or 1st degree aggravated sexual assault even when the crime is a class A felony. This is an exception to the existing law prohibiting courts from ordering probation for any class A felonies.

Under existing law, probation for these crimes when they are class B felonies must generally be for at least 10 years and no more than 35 years. This applies as well under the act when these crimes are class A felonies (CGS 53a-29(f)).

First-Degree Aggravated Sexual Assault

By law, a person is guilty of this crime when the person commits 1st degree sexual assault and one of four aggravating factors are involved (e. g. , the use or threatened use of a deadly weapon or intentionally causing certain serious injuries).

The act generally raises the mandatory minimum prison term, from five to 10 years, when this crime is a class A felony (i. e. , when the victim is under age 16). The mandatory minimum, unchanged by the act, is 20 years if the crime involves forcible rape of a victim under age 16.

In all cases of 1st degree aggravated sexual assault, prior law required at least five years of special parole in addition to the mandatory minimum prison term. The act eliminates this requirement. For cases when this crime is a class B felony, the act requires at least a 10-year prison sentence (including the existing five-year mandatory minimum).

When the crime is a class A felony, in addition to the mandatory minimum, the act allows the court to (1) suspend part of the sentence and impose probation as described above or (2) impose imprisonment and at least one year of special parole.

18 — U. S. MARSHALS AS PEACE OFFICERS

The act expands the definition of a “peace officer” to include U. S. marshals and deputy marshals. These officers are the enforcement arm of the federal courts and are involved in a number of federal law enforcement initiatives. Among other things, designation as peace officers gives them certain arrest powers under state law; access to certain information; and legal protections when using force to apprehend someone, prevent an escape, or protect themselves or others.

The law designates the following as peace officers: state and local police officers, Division of Criminal Justice inspectors, state marshals exercising statutory powers, judicial marshals performing their duties, conservation or special conservation officers, constables who perform criminal law enforcement duties, appointed special policemen, adult probation officers, Department of Correction officials authorized to make arrests in a correctional institution, investigators in the State Treasurer's Office, federal narcotics agents, and members of a law enforcement unit created and governed under a state-tribal memorandum.

19 & 20 — DOMESTIC VIOLENCE OFFENDER PROGRAM STANDARDS

The act creates a Domestic Violence Offender Program Standards Advisory Council to promulgate; review; and, as needed, update and amend the domestic violence offender program standards presented to the Criminal Justice Policy Advisory Committee (CJPAC) on September 25, 2014.

Council Members, Appointment, and Reporting

The 16-member council consists of:

1. one representative of the Connecticut Coalition Against Domestic Violence, Inc. , appointed by the House speaker;

2. one representative of a community-based organization that provides group counseling or treatment to people who committed acts of domestic violence, appointed by the Senate president pro tempore;

3. a community-based practicing psychologist or a licensed clinical social worker who provides individual counseling or treatment services to people who committed acts of domestic violence, appointed by the House majority leader;

4. one representative of the Connecticut Police Chiefs Association, appointed by the Senate majority leader;

5. one representative of a community-based organization that provides services to adults with mental health or substance use disorders, appointed by the House minority leader;

6. one representative of a community-based organization the provides direct services to people impacted by domestic violence, appointed by the Senate minority leader;

7. one representative each of the Judicial Branch's Court Support Services Division (CSSD) and the Office of Victim Services, both appointed by the chief court administrator;

8. the Board of Pardons and Paroles' chairperson or his designee;

9. the chief state's attorney or his designee;

10. the chief public defender or her designee;

11. the children and families, correction, mental health and addiction services, and public health commissioners, or their designees; and

12. the victim advocate or her designee.

All appointments must be made by July 30, 2015 and any vacancies must be filled by the appointing authority. The representatives of the Connecticut Coalition Against Domestic Violence, Inc. and CSSD must chair the council. The chairpersons must hold the council's first meeting by August 29, 2015. Subsequent meetings must be held when called by the chairpersons or a majority of council members. The Judiciary Committee's administrative staff must serve as the council's administrative staff.

The council, starting by February 1, 2016, must annually report its activities to the Judiciary Committee, including any updates or amendments to the domestic violence offender program standards adopted in the previous calendar year.

Accessibility of Program Standards

The act requires CJPAC, by July 30, 2015, to submit to the chief court administrator the program standards presented to CJPAC on September 25, 2014. He must ensure the standards and any updates or revisions adopted by the council are accessible electronically on the Judicial Branch's website.

21 & 22 — FAMILY VIOLENCE INTERVENTION UNITS

By law, under CSSD's oversight, the local family violence intervention units within the Superior Courts accept referrals of family violence cases from judges or prosecutors. The act changes the scope of the intervention unit's role in the provision of victim and offender services.

Victim Service Needs

Prior law required the intervention units to (1) identify victim service needs and (2) contract with victim service providers to provide appropriate care to victims, including trauma-informed care. The act instead allows the Judicial Branch to contract with such providers.

Offender Treatment Programs

Under prior law, the intervention units were required to identify appropriate offender services and, where possible, by contract, provide treatment programs for offenders. The act instead (1) requires the intervention units to assess offenders to identify appropriate services and (2) allows the Judicial Branch to contract with providers of domestic violence offender treatment programs, which must comply with the domestic violence offender program standards. The act specifies that this provision does not apply to the pretrial family violence education program (see BACKGROUND).

The act requires the intervention units to monitor compliance of offenders participating in the pretrial family violence education program. (PA 15-5, June Special Session, 441, also requires the units to monitor offenders referred to other pretrial services or programs. )

Prosecutor's Nolle Prosequi

By law, a nolle prosequi is an official action by the prosecutor declining to prosecute a charge. Under the act, if a family violence case initiated on or after July 1, 2016 is not referred to the local family violence intervention unit, the prosecutor may not nolle an action involving a family violence crime (see BACKGROUND) unless he or she states in court the reasons for doing so. If the reasons include the defendant's participation in a counseling or treatment program, the prosecutor must state that the program complies with the domestic violence offender program standards.

23 & 24 — FAMILY VIOLENCE VICTIM CONFIDENTIALITY

The act extends to family violence victims two protections existing law gives to certain sexual assault victims.

First, it gives family violence victims the right to withhold their addresses or telephone numbers during any trial or pretrial evidentiary hearing arising from such crime if the presiding judge finds the:

1. information is not material to the proceeding,

2. identity of the victim has been satisfactorily established, and

3. current address of the victim will be made available to the defense in the same manner and time as such information is made available to the defense for other criminal offenses.

Second, the act requires the names, addresses, and other identifying information of family violence victims to be kept confidential but requires that this information be (1) available to the accused in the same manner and time as such information is available to people accused of other crimes and (2) entered in the protective orders registry, if such an order is issued.

25 – TERMINATION OF MASTER ASSOCIATIONS

Legislation enacted in 2014 created a process to terminate certain master associations under CIOA and transfer their assets to new nonstock corporations, upon the consent of owners with at least 25% of the units (see BACKGROUND). A master association is an association comprised of other common interest community associations.

Previously, this provision applied to master associations with at least 400 units. The act narrows its applicability, allowing this process for master associations with at least 400, but no more than 600, units.

26 & 27 — CIOA EXECUTIVE BOARD ACTIONS

Prior law allowed executive boards under CIOA to act by unanimous consent of board members, instead of meeting. The act lowers this threshold to two-thirds consent and makes conforming changes to recordkeeping and notice requirements regarding these actions.

As under existing law, the act continues to require executive boards to meet at least twice a year.

28 — FAILING TO STOP AFTER ACCIDENT INVOLVEMENT

The act increases the penalty for drivers who are knowingly involved in accidents causing serious physical injury or death and fail to stop after being involved in certain accidents.

By law, these drivers must stop, render assistance, and give their identifying information to an officer or witness. The act doubles the penalty for failing to do so by increasing the:

1. prison penalty of between one and 10 years to between two and 20 years and

2. maximum fine from $10,000 to $20,000.

29 — SUBPOENAS FROM OUT-OF-STATE ACTIONS

Existing law allows taking the deposition of someone living in Connecticut for a civil or probate proceeding in a federal court or another state's or country's court. The Superior Court may quash, modify, or enforce a subpoena for the deposition.

The act allows someone who receives a subpoena related to a civil or probate action in another state or a foreign country and is not a party to that proceeding to serve a written objection on the party who requested the subpoena that the subpoena causes him or her an undue or unreasonable burden or expense. It applies to a subpoena that either requires the person to appear at a deposition or produce, provide copies of, or allow inspection of books, papers, documents, and other things. The subject of the subpoena must serve the subpoena issuer with the objection and an affidavit of costs with the estimated or actual costs of complying with the subpoena, which can include attorneys' fees and electronic discovery costs.

The act requires the subject of the subpoena to serve the objection and affidavit on the subpoena issuer within the earlier of 15 days after being served with the subpoena or the date specified for complying with the subpoena. The act requires service by certified or registered U. S. mail, postage paid and return receipt requested and prohibits using a state marshal or other officer.

Under the act:

1. the party who requested the subpoena must obtain an order from the Superior Court to compel compliance and may, after notice, file a motion in Superior Court to order compliance;

2. on such a motion, the Superior Court must determine whether the subpoena imposes an undue or unreasonable burden or expense; and

3. if the court finds such an undue or unreasonable burden or expense, any order must protect the person from it and, except for a subpoena related to medical records, the order may include at least reimbursement of reasonable compliance costs according to the affidavit of costs.

The act's provisions do not apply to personal injury or wrongful death actions alleging health care provider or institution professional malpractice.

30 — ADVERSE POSSESSION

The act prevents land subject to a conservation restriction held by a nonprofit land-holding organization from being acquired by adverse possession. The law already prevents land owned by a nonprofit land-holding organization from being acquired by adverse possession when one of the organization's principal purposes is land conservation and preservation.

Connecticut law recognizes adverse possession as a way to acquire title to property. Adverse possession is accomplished by an open, visible, exclusive, and uninterrupted possession of land for 15 years (CGS 52-575). The law also recognizes the right to acquire a right-of-way or other easement by continuous, uninterrupted use of someone else's land for 15 years (CGS 47-37).

BACKGROUND

Pretrial Family Violence Education Program

By law, the pretrial family violence education program informs people charged with family violence crimes of the basic elements of family violence law and applicable penalties. The court may, in its discretion, invoke such a program at the request of the defendant under specified conditions, including that the defendant is not charged with certain felonies and has not previously (1) been convicted of certain family violence crimes, (2) been assigned to the family violence education program, and (3) invoked or accepted AR for certain family violence crimes (CGS 46b-38c(h)).

Family Violence

By law, “family violence” is an incident resulting in physical harm, bodily injury, or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury, or assault, including stalking or a pattern of threatening, between family or household members. Verbal abuse or argument does not constitute family violence unless there is present danger and the likelihood that physical violence will occur (CGS 46b-38a(1)).

Master Association Termination

Under PA 14-215, in addition to the limitation on the number of units noted above, the termination process applies to master associations:

1. governed by a board of directors with one individual representing each constituent common interest community, who is on the constituent community's board and

2. whose board has a weighted vote based on the number of units in each constituent community.

Under that act, the association is terminated and dissolved if at least 25% of unit owners consent in writing. After dissolution, the association must convey its assets to a new nonstock corporation. The association of each constituent community must appoint a member to the nonstock corporation's board, and each board member must have an equal vote in board matters.

CIOA

CIOA governs the creation, alteration, management, termination, and sale of condominiums and other common interest communities formed in Connecticut on and after January 1, 1984 (CGS 47-200 et seq. ). Certain CIOA provisions (including those amended by this act concerning executive boards) also apply to common interest communities created in Connecticut before January 1, 1984 but do not invalidate existing provisions of the communities' governing instruments. Common interest communities created before that date can amend their governing instruments to conform to portions of CIOA that do not automatically apply (CGS 47-214, 216, & 218).

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