Connecticut Seal

General Assembly

Amendment

 

January Session, 2015

LCO No. 9320

   
 

*SB0065009320SRO*

Offered by:

 

SEN. FASANO, 34th Dist.

SEN. WITKOS, 8th Dist.

SEN. KISSEL, 7th Dist.

SEN. BOUCHER, 26th Dist.

SEN. CHAPIN, 30th Dist.

SEN. FORMICA, 20th Dist.

SEN. FRANTZ, 36th Dist.

SEN. GUGLIELMO, 35th Dist.

SEN. HWANG, 28th Dist.

SEN. KANE, 32nd Dist.

SEN. KELLY, 21st Dist.

SEN. LINARES, 33rd Dist.

SEN. MARKLEY, 16th Dist.

SEN. MARTIN, 31st Dist.

SEN. MCLACHLAN, 24th Dist.

To: Subst. Senate Bill No. 650

File No. 754

Cal. No. 444

(As Amended)

"AN ACT CONCERNING TEMPORARY RESTRAINING ORDERS. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 6-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) Each state marshal shall receive each process directed to such marshal when tendered, execute it promptly and make true return thereof; and shall, without any fee, give receipts when demanded for all civil process delivered to such marshal to be served, specifying the names of the parties, the date of the writ, the time of delivery and the sum or thing in demand. If any state marshal does not duly and promptly execute and return any such process or makes a false or illegal return thereof, such marshal shall be liable to pay double the amount of all damages to the party aggrieved.

(b) A state marshal shall, as soon as possible, but not later than two hours after the time that service is executed for a restraining order issued pursuant to section 46b-15, as amended by this act, or a civil protection order issued pursuant to section 46b-16a, as amended by this act, input into the Judicial Branch's Internet-based service tracking system the date, time and method of service. If prior to the date of the scheduled hearing concerning the restraining order or civil protection order, service has not been executed, a state marshal shall input into the service tracking system that service was unsuccessful.

[(b)] (c) A civil [protective] protection order issued pursuant to section 46b-16a, as amended by this act, constitutes civil process for purposes of the powers and duties of a state marshal. The cost of serving a civil [protective] protection order issued pursuant to section 46b-16a, as amended by this act, shall be paid by the Judicial Branch in the same manner as the cost of serving a restraining order issued pursuant to section 46b-15, as amended by this act, and fees and expenses associated with the serving of a civil [protective] protection order shall be calculated in accordance with subsection (a) of section 52-261.

Sec. 2. Subsection (j) of section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(j) The commission [may] shall adopt [such] rules as it deems necessary for conduct of its internal affairs, [and] including, but not limited to, rules that provide for: (1) The provision of timely, consistent and reliable access to a state marshal for persons applying for a restraining order under section 46b-15, as amended by this act; (2) the provision of services to persons with limited English proficiency; (3) the provision of services to persons who are deaf or hearing impaired; and (4) service of process that is a photographic copy, micrographic copy or other electronic image of an original document that clearly and accurately copies such original document. The commission shall adopt regulations in accordance with the provisions of chapter 54 for the application and investigation requirements for filling vacancies in the position of state marshal.

Sec. 3. Section 46b-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) Any family or household member, as defined in section 46b-38a, who has been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening, including, but not limited to, a pattern of threatening, as described in section 53a-62, by another family or household member may make an application to the Superior Court for relief under this section.

(b) The application form shall allow the applicant, at the applicant's option, to indicate whether the respondent holds a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate or an ammunition certificate or possesses one or more firearms or ammunition. The application form shall also allow the applicant, at the applicant's option, to indicate whether the respondent is employed in a position in which an essential requirement of such position is the ability to carry a firearm during the course of the respondent's employment. The application form shall also allow the applicant, at the applicant's option, to state whether or not he or she believes that the respondent poses a risk of imminent personal injury to himself or herself or to other individuals. If the application so states, and the applicant seeks that the respondent transfer or surrender all firearms, then the court shall notify the law enforcement agency for the town in which the respondent resides and the office of the state's attorney for the judicial district in which the application was filed to commence expedited proceedings pursuant to section 29-38c, as amended by this act. Upon the commencement of a proceeding under section 29-38c, as amended by this act, the office of the Chief State's Attorney shall ensure that the applicant is made aware of the opportunity to work with law enforcement agency officials and the Office of Victim Services in securing the issuance of a warrant under section 29-38c, as amended by this act. A representative of the Office of Victim Services shall serve as a liaison to the applicant and such representative and shall assist the applicant in all dealings with the office of the Chief State's Attorney and the law enforcement agency in securing the issuance of a warrant under section 29-38c, as amended by this act. The application shall be accompanied by an affidavit made under oath which includes a brief statement of the conditions from which relief is sought. Upon receipt of the application the court shall order that a hearing on the application be held not later than fourteen days from the date of the order except that, if the application indicates the respondent is employed in a position in which an essential requirement of the position is the ability to carry a firearm during the course of employment, the court may take this circumstance into consideration in ordering a hearing on the application as soon as practicable, but not later than fourteen days from the date on which the application is filed. The court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant and such dependent children or other persons as the court sees fit. In making such orders, the court, in its discretion, may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch's Internet web site. Such orders may include temporary child custody or visitation rights, and such relief may include, but is not limited to, an order enjoining the respondent from (1) imposing any restraint upon the person or liberty of the applicant; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant; or (3) entering the family dwelling or the dwelling of the applicant. Such order may include provisions necessary to protect any animal owned or kept by the applicant including, but not limited to, an order enjoining the respondent from injuring or threatening to injure such animal. If an applicant alleges an immediate and present physical danger to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. If a postponement of a hearing on the application is requested by either party and granted, the ex parte order shall not be continued except upon agreement of the parties or by order of the court for good cause shown. If a hearing on the application is scheduled or an ex parte order is granted and the court is closed on the scheduled hearing date, the hearing shall be held on the next day the court is open and any such ex parte order shall remain in effect until the date of such hearing.

(c) If the court issues an ex parte order pursuant to subsection (b) of this section and service has not been made on the respondent in accordance with subsection (h) of this section, upon request of the applicant, the court shall, based on the information contained in the original application, extend any ex parte order for an additional period not to exceed fourteen days from the originally scheduled hearing date. The clerk shall prepare a new order of hearing and notice containing the new hearing date, which shall be served upon the respondent in accordance with the provisions of subsection (h) of this section.

[(c)] (d) Any ex parte restraining order entered under subsection (b) of this section in which the applicant and respondent are spouses, or persons who have a dependent child or children in common and who live together, may include, if no order exists, and if necessary to maintain the safety and basic needs of the applicant or the dependent child or children in common of the applicant and respondent, in addition to any orders authorized under subsection (b) of this section, any of the following: (1) An order prohibiting the respondent from (A) taking any action that could result in the termination of any necessary utility services or necessary services related to the family dwelling or the dwelling of the applicant, (B) taking any action that could result in the cancellation, change of coverage or change of beneficiary of any health, automobile or homeowners insurance policy to the detriment of the applicant or the dependent child or children in common of the applicant and respondent, or (C) transferring, encumbering, concealing or disposing of specified property owned or leased by the applicant; or (2) an order providing the applicant with temporary possession of an automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key or other necessary specified personal effects.

[(d)] (e) At the hearing on any application under this section, if the court grants relief pursuant to subsection (b) of this section and the applicant and respondent are spouses, or persons who have a dependent child or children in common and who live together, and if necessary to maintain the safety and basic needs of the applicant or the dependent child or children in common of the applicant and respondent, any orders entered by the court may include, in addition to the orders authorized under subsection (b) of this section, any of the following: (1) An order prohibiting the respondent from (A) taking any action that could result in the termination of any necessary utility services or services related to the family dwelling or the dwelling of the applicant, (B) taking any action that could result in the cancellation, change of coverage or change of beneficiary of any health, automobile or homeowners insurance policy to the detriment of the applicant or the dependent child or children in common of the applicant and respondent, or (C) transferring, encumbering, concealing or disposing of specified property owned or leased by the applicant; (2) an order providing the applicant with temporary possession of an automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key or other necessary specified personal effects; or (3) an order that the respondent: (A) Make rent or mortgage payments on the family dwelling or the dwelling of the applicant and the dependent child or children in common of the applicant and respondent, (B) maintain utility services or other necessary services related to the family dwelling or the dwelling of the applicant and the dependent child or children in common of the applicant and respondent, (C) maintain all existing health, automobile or homeowners insurance coverage without change in coverage or beneficiary designation, or (D) provide financial support for the benefit of any dependent child or children in common of the applicant and the respondent, provided the respondent has a legal duty to support such child or children and the ability to pay. The court shall not enter any order of financial support without sufficient evidence as to the ability to pay, including, but not limited to, financial affidavits. If at the hearing no order is entered under this subsection or subsection [(c)] (d) of this section, no such order may be entered thereafter pursuant to this section. Any order entered pursuant to this subsection shall not be subject to modification and shall expire one hundred twenty days after the date of issuance or upon issuance of a superseding order, whichever occurs first. Any amounts not paid or collected under this subsection or subsection [(c)] (d) of this section may be preserved and collectible in an action for dissolution of marriage, custody, paternity or support.

[(e)] (f) Every order of the court made in accordance with this section shall contain the following language: (1) "This order may be extended by the court beyond one year. In accordance with section 53a-107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars or both. "; and (2) "In accordance with section 53a-223b of the Connecticut general statutes, any violation of subparagraph (A) or (B) of subdivision (2) of subsection (a) of section 53a-223b constitutes criminal violation of a restraining order which is punishable by a term of imprisonment of not more than five years, a fine of not more than five thousand dollars, or both. Additionally, any violation of subparagraph (C) or (D) of subdivision (2) of subsection (a) of section 53a-223b constitutes criminal violation of a restraining order which is punishable by a term of imprisonment of not more than ten years, a fine of not more than ten thousand dollars, or both. ".

[(f)] (g) No order of the court shall exceed one year, except that an order may be extended by the court upon motion of the applicant for such additional time as the court deems necessary. If the respondent has not appeared upon the initial application, service of a motion to extend an order may be made by first-class mail directed to the respondent at the respondent's last-known address.

[(g)] (h) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to subsection (b) of this section to be served in hand on the respondent not less than [five] three days before the hearing. The cost of such service shall be paid for by the Judicial Branch. Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall (1) send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, and (2) as soon as possible, but not later than two hours after the time that service is executed, input into the Judicial Branch's Internet-based service tracking system the date, time and method of service. If, prior to the date of the scheduled hearing, service has not been executed, the proper officer shall input into the service tracking system that service was unsuccessful. The clerk of the court shall send, by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, within forty-eight hours of the issuance of such order, and immediately to the Commissioner of Emergency Services and Public Protection and the office of the Chief State's Attorney if proceedings have been commenced against the respondent pursuant to section 29-38c, as amended by this act. If the victim is enrolled in a public or private elementary or secondary school, including a technical high school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the victim is enrolled and the special police force established pursuant to section 10a-156b, if any, at the institution of higher education at which the victim is enrolled.

[(h)] (i) A caretaker who is providing shelter in his or her residence to a person sixty years or older shall not be enjoined from the full use and enjoyment of his or her home and property. The Superior Court may make any other appropriate order under the provisions of this section.

[(i)] (j) When a motion for contempt is filed for violation of a restraining order, there shall be an expedited hearing. Such hearing shall be held within five court days of service of the motion on the respondent, provided service on the respondent is made not less than twenty-four hours before the hearing. If the court finds the respondent in contempt for violation of an order, the court may impose such sanctions as the court deems appropriate.

[(j)] (k) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief.

(l) For purposes of this section, "police officer" means a state police officer or a sworn member of a municipal police department, and "law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department.

Sec. 4. (NEW) (Effective October 1, 2015) In each superior court where a restraining order issued under section 46b-15 of the general statutes, as amended by this act, may be made returnable, the Chief Court Administrator shall, where feasible, work to allocate space in such court so as to permit a meeting between a person seeking service of the notice of hearing and any order issued under section 46b-15 of the general statutes, as amended by this act, and a state marshal.

Sec. 5. (NEW) (Effective October 1, 2015) (a) The Chief Court Administrator shall revise and simplify the process for filing an application for relief from abuse under section 46b-15 of the general statutes, as amended by this act. The Chief Court Administrator shall ensure that any person seeking to file an application for relief from abuse is provided with a one-page, plain language explanation of how to apply for relief from abuse under section 46b-15 of the general statutes, as amended by this act.

(b) The Chief Court Administrator shall annually collect data on (1) the number of restraining orders issued under section 46b-15 of the general statutes, as amended by this act, and civil protection orders issued under section 46b-16a of the general statutes, as amended by this act; (2) the number of such orders that are not picked up by an applicant from the office of the clerk at the court location which issued the order; (3) the method of service of such orders in cases in which a respondent is successfully served with the order; and (4) the number of such orders issued that subsequently expire or are dismissed because the respondent could not be served with the order.

Sec. 6. Section 29-36k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) [Not later than two business days] Except as provided in subsection (b) of this section, not later than two business days after the occurrence of any event that makes a person ineligible to possess a pistol or revolver or other firearm or ammunition, such person shall (1) transfer in accordance with section 29-33 all pistols and revolvers which such person then possesses to any person eligible to possess a pistol or revolver and transfer in accordance with any applicable state and federal laws all other firearms to any person eligible to possess such other firearms by obtaining an authorization number for the sale or transfer of the firearm from the Commissioner of Emergency Services and Public Protection, and submit a sale or transfer of firearms form to said commissioner within two business days, except that a person subject to a restraining or protective order or a foreign order of protection may only transfer a pistol, revolver or other firearm or ammunition under this subdivision to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm and ammunition to the federally licensed firearms dealer, or (2) deliver or surrender such pistols and revolvers and other firearms and ammunition to the Commissioner of Emergency Services and Public Protection, or (3) transfer such ammunition to any person eligible to possess such ammunition. The commissioner shall exercise due care in the receipt and holding of such pistols and revolvers and other firearms or ammunition. For the purposes of this section, a "person subject to a restraining or protective order or a foreign order of protection" means a person who knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice and an opportunity to be heard has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person.

(b) Such person, or such person's legal representative, may, at any time up to one year after such delivery or surrender, transfer such pistols and revolvers in accordance with the provisions of section 29-33 to any person eligible to possess a pistol or revolver and transfer such other firearms and ammunition, in accordance with any applicable state and federal laws, to any person eligible to possess such other firearms and ammunition, provided any person subject to a restraining or protective order or a foreign order of protection, or such person's legal representative, may only transfer such pistol, revolver or other firearm or ammunition to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm or ammunition to the federally licensed firearms dealer. Upon notification in writing by the transferee and such person, the Commissioner of Emergency Services and Public Protection shall, within ten days, deliver such pistols and revolvers [or] and other firearms [or] and ammunition to the transferee. If, at the end of such year, such pistols and revolvers [or] and other firearms [or] and ammunition have not been so transferred, the commissioner shall cause them to be destroyed. Notwithstanding the provisions of this subsection, if (1) such pistols and revolvers and other firearms and ammunition were delivered or surrendered to the commissioner or a law enforcement agency by a person who is subject to a restraining or protective order or a foreign order of protection, and (2) at the end of such year such person is unable to retake possession of such pistols and revolvers and other firearms and ammunition because of action taken by an issuing authority, and (3) such person has filed an initial appeal with the Board of Firearms Permit Examiners to contest the action taken by an issuing authority, the commissioner or law enforcement agency shall not cause such pistols and revolvers and other firearms and ammunition to be destroyed until such person has exhausted his or her initial right to appeal under section 29-32b.

(c) Any person who fails to transfer, deliver or surrender any such pistols and revolvers and other firearms [or] and ammunition as provided in this section shall be subject to the penalty provided for in section 53a-217 or 53a-217c.

Sec. 7. Subsection (d) of section 46b-16a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(d) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to subsection (b) of this section to be served by a proper officer on the respondent not less than five days before the hearing. The cost of such service shall be paid for by the Judicial Branch. Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides. The clerk of the court shall send, by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, not later than forty-eight hours after the issuance of such order, and immediately to the Commissioner of Emergency Services and Public Protection. If the applicant is enrolled in a public or private elementary or secondary school, including a technical high school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the applicant, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the applicant is enrolled and the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the applicant is enrolled.

Sec. 8. Subsection (b) of section 29-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(b) A warrant may issue only on affidavit sworn to by the complainant or complainants before the judge and establishing the grounds for issuing the warrant, which affidavit shall be part of the seizure file. In determining whether grounds for the application exist or whether there is probable cause to believe they exist, the judge shall consider: (1) Recent threats or acts of violence by such person directed toward other persons; (2) recent threats or acts of violence by such person directed toward himself or herself; [and] (3) recent acts of cruelty to animals as provided in subsection (b) of section 53-247 by such person; and (4) whether such person is subject to a restraining order or a protective order or a foreign order of protection granted on an ex parte basis or after notice and hearing. In evaluating whether such recent threats or acts of violence constitute probable cause to believe that such person poses a risk of imminent personal injury to himself or herself or to others, the judge may consider other factors including, but not limited to (A) the reckless use, display or brandishing of a firearm by such person, (B) a history of the use, attempted use or threatened use of physical force by such person against other persons, (C) prior involuntary confinement of such person in a hospital for persons with psychiatric disabilities, and (D) the illegal use of controlled substances or abuse of alcohol by such person. If the judge is satisfied that the grounds for the application exist or that there is probable cause to believe that they exist, such judge shall issue a warrant naming or describing the person, place or thing to be searched. The warrant shall be directed to any police officer of a regularly organized police department or any state police officer. It shall state the grounds or probable cause for its issuance and it shall command the officer to search within a reasonable time the person, place or thing named for any and all firearms and ammunition. A copy of the warrant shall be given to the person named therein together with a notice informing the person that such person has the right to a hearing under this section and the right to be represented by counsel at such hearing.

Sec. 9. Subsection (b) of section 29-36n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(b) The Commissioner of Emergency Services and Public Protection, in conjunction with the Chief State's Attorney and the Connecticut Police Chiefs Association, shall update the protocol developed pursuant to subsection (a) of this section to reflect the provisions of sections 29-7h, 29-28, 29-28a, 29-29, 29-30, 29-32 and 29-35, subsections (b) and [(g)] (h) of section 46b-15, as amended by this act, subsections (c) and (d) of section 46b-38c and sections 53-202a, 53-202l, 53-202m and 53a-217 and shall include in such protocol specific instructions for the transfer, delivery or surrender of pistols and revolvers and other firearms and ammunition when the assistance of more than one law enforcement agency is necessary to effect the requirements of section 29-36k, as amended by this act. "

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

Section 1

October 1, 2015

6-32

Sec. 2

October 1, 2015

6-38b(j)

Sec. 3

October 1, 2015

46b-15

Sec. 4

October 1, 2015

New section

Sec. 5

October 1, 2015

New section

Sec. 6

October 1, 2015

29-36k

Sec. 7

October 1, 2015

46b-16a(d)

Sec. 8

October 1, 2015

29-38c(b)

Sec. 9

October 1, 2015

29-36n(b)