Connecticut Seal

Substitute Senate Bill No. 215

Public Act No. 18-75

AN ACT CONCERNING COURT OPERATIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 2-61 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Secretary of the State shall deliver copies of the revised statutes, of each supplement to the general statutes and of each revised volume thereof and of each volume of the public acts and special acts to the State Library for its general purposes and for exchange with other states and libraries, and copies of the revised statutes, of each supplement, of each revised volume and of each volume of the public acts, and such additional number of each as [the executive secretary of] the Judicial Department certifies as necessary, for the use of any of the state-maintained courts, and copies of each volume of the special acts to [said executive secretary] the Judicial Department for distribution to state-maintained courts, and, to the several departments, agencies and institutions of the executive branch of the state government, as many copies of the revised statutes, of each supplement, of each revised volume and of each of the volumes of public acts and special acts as they require for the performance of their duties.

Sec. 2. Subdivision (1) of subsection (a) of section 4a-60 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut; and the contractor further agrees to take affirmative action to [insure] ensure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved;

Sec. 3. Subsection (d) of section 45a-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The [executive secretary of the] Judicial Department shall, on notice from the Probate Court Administrator, include the assistants and clerical help on the payroll of the Judicial Department. On presentation of vouchers by [the executive secretary of] the Judicial Department to the Probate Court Administrator, [he] the Probate Court Administrator shall reimburse the Judicial Department, from the fund established under section 45a-82, for the salary and benefits paid by the Judicial Department to or for the assistants and clerical help included on the Judicial Department payroll.

Sec. 4. Section 46b-61 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) In all cases in which the parents of a minor child live separately, the superior court for the judicial district where [the parties or one of them] either parent resides may, on the application of either [party] parent and after notice is given to the other [party] parent, make any order as to the custody, care, education, visitation and support of any minor child of the [parties] parents, subject to the provisions of sections 46b-54, 46b-56, 46b-57 and 46b-66. Proceedings to obtain such orders shall be commenced by service of an application, a summons and an order to show cause. An applicant shall file the accompanying documents with the court not later than the first date for which the matter appears on the docket.

(b) As used in this section, "accompanying documents" means documents that establish an existing legal relationship between the parents and the child for whom an application for custody, care, education, visitation and support is made under this section. "Accompanying documents" include, but are not limited to, a copy of a birth certificate naming the applicant and the respondent as the parents of the child, a copy of a properly executed acknowledgment of paternity, a court order or decree naming the legally responsible parents, including adoptive parents, a gestational agreement as defined in section 7-36, documents showing that the minor child was born during the parents' wedlock or other sufficient evidence within the discretion of the court.

Sec. 5. Section 46b-63 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) At the time of entering a decree dissolving a marriage, the court, upon request of either spouse, shall restore the birth name or former name of such spouse.

(b) At any time after entering a decree dissolving a marriage, the court, upon motion of either spouse, shall modify such judgment and restore the birth name or former name of such spouse. The court shall rule on any motion filed by such spouse to have his or her birth name or former name restored without a hearing.

Sec. 6. Subsection (g) of section 46b-231 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) A Chief Family Support Magistrate shall be designated by the Chief Court Administrator of the Superior Court from among the nine family support magistrates appointed pursuant to subsection (f) of this section, except that the Chief Family Support Magistrate serving in that capacity on December 31, 2016, shall continue to serve in that capacity on and after January 1, 2017, until the expiration of such family support magistrate's term, unless a successor is designated by the Chief Court Administrator or such family support magistrate is removed from office pursuant to subsection (f) of this section or such family support magistrate's nomination has failed to be approved in accordance with subsection (f) of this section. Under the direction of the Chief Court Administrator, the Chief Family Support Magistrate shall supervise the Family Support Magistrate Division [and submit an annual report to the Chief Court Administrator] and perform such other duties as provided in this section.

Sec. 7. Section 51-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[(a)] There shall be an office for the administration of the nonjudicial business of the Judicial Department under the direction of the Chief Court Administrator.

[(b) The Chief Court Administrator shall appoint an executive secretary, who shall hold office at the pleasure of the Chief Court Administrator. The salary of the executive secretary shall be fixed by the Supreme Court. The executive secretary shall be a member of the bar of the state and shall not engage in the private practice of law.]

Sec. 8. Section 51-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Under the supervision and direction of the Chief Court Administrator, the [executive secretary and other members of the] staff of the Office of Chief Court Administrator shall:

(1) Audit all bills to be paid from state appropriations, except bills of the Division of Criminal Justice, for the expenses of the Judicial Department and its constituent courts prior to taxation or final approval thereof by any judge;

(2) Maintain adequate accounting and budgetary records for all appropriations by the state for the maintenance of the Judicial Department, except the Division of Criminal Justice, and all other appropriations assigned by the legislature or state budgetary control offices for administration by the Judicial Department, except the Division of Criminal Justice;

(3) Prepare and submit to the appropriate budget agency of the state government estimates of appropriations necessary for the maintenance and operation of the Judicial Department, including therein estimates submitted for the Division of Criminal Justice as provided in section 51-279, and make recommendations in respect to those appropriations;

(4) Act as secretary of any meetings, conferences or assemblies of judges, or committees thereof, of the Judicial Department and of its constituent courts;

(5) Supervise all purchases of commodities and services for the Judicial Department, except for the Division of Criminal Justice, to be charged to state appropriations, and issue all orders therefor for the department, excluding orders for the Division of Criminal Justice;

(6) Examine the administrative methods and systems employed in the Judicial Department and its constituent courts and agencies, except the Division of Criminal Justice, and develop and implement programs for the improvement thereof and for securing uniform administration and procedures;

(7) Examine the state of the dockets of the courts of the Judicial Department to ascertain the need for assistance by any court and to implement programs for the fair and prompt disposition of cases therein;

(8) Collect and compile statistical and other data concerning the business transacted by the Judicial Department and its constituent courts and the expenditure of public moneys for the maintenance and operation of the judicial system;

(9) Assist in the preparation of the assignments of the judges of the Superior Court and attend to the printing and distribution for the Superior Court of an annual directory containing relevant information pertaining to the operation of the court;

(10) Serve as payroll officer for the Judicial Department, excluding the Division of Criminal Justice, and for the Supreme Court, Appellate Court and Superior Court;

(11) Supervise the assignment of court reporters of the Superior Court;

(12) Conduct research and planning activities for the Judicial Department and its constituent courts and offices as deemed feasible by, or in the discretion of, the Chief Justice or the Chief Court Administrator;

(13) Develop education programs for the judges and other personnel of the Judicial Department;

(14) Develop personnel standards, policies and procedures, and make recommendations concerning all personnel matters, including requests for salary increases or for additional positions, for consideration by the Supreme Court or the appropriate appointing authorities;

(15) Report periodically to the Chief Court Administrator concerning all matters which have been entrusted to [him] such staff;

(16) Attend to matters assigned to [him] such staff by the Chief Justice, or the Chief Court Administrator or by statute;

(17) Design, implement and maintain, as deemed feasible by the Chief Court Administrator, computerized automatic data processing systems for use in the Supreme Court, Appellate Court and Superior Court or divisions of the Superior Court;

(18) Supervise administrative methods employed in clerks' offices and in the various offices of the Supreme Court, Appellate Court and Superior Court; and

(19) Supervise the care and control of all property where the Judicial Department is the primary occupant, which supervision shall include planning, execution of contracts, except for contracts for consultant services which shall be subject to section 4b-58, oversight and supervision of work involving the construction, repair or alteration of a building or premises under the supervision of the Office of the Chief Court Administrator, when construction contracts do not exceed one million two hundred fifty thousand dollars. For the purposes of this subdivision, "Judicial Department" does not include the courts of probate, the Division of Criminal Justice and the Public Defender Services Commission, except where they share facilities in state-maintained courts.

Sec. 9. Subsection (b) of section 51-164n of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, subsection (b) of section 14-66, section 14-66a [, 14-66b] or 14-67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 as specified in subsection (e) of said section, subdivision (1) of section 14-223a, section 14-240, [14-249,] 14-250 or 14-253a, subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-33, subdivision (1) of section 15-97, subsection (a) of section 15-115, section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, [17a-642,] 17b-124, 17b-131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-249, 20-257, 20-265, 20-324e, 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63 or 21-76a, subdivision (1) of section 21a-19, section 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, subsection (a) of section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49 or 22-54, subsection (d) of section 22-84, section 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b), (e) or (f) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-363 or 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, 22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of section 25-43, section 25-43d, 25-135, [26-16,] 26-18, 26-19, 26-21, 26-31, [26-31c,] 26-40, 26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of subsection (d) of section 26-61, section 26-64, subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, [subdivision (2) of subsection (j) of section 26-142a, subdivision (1) of subsection (b) of section 26-157b,] subdivision (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of section 53-344b, or section 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.

Sec. 10. Section 51-215a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The clerk of the Appellate Court shall file with the Reporter of Judicial Decisions copies of memoranda of decisions in Appellate Court cases. The reporter shall prepare all of the decisions for publication and index them in substantial conformity with the manner in which decisions of the Supreme Court are prepared and indexed. The decisions shall be published by the Commission on Official Legal Publications in the Connecticut Law Journal and in bound or electronic volumes.

Sec. 11. Section 51-216a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commission on Official Legal Publications shall be an agency of the Judicial Branch and shall be composed of the Chief Justice of the Supreme Court, who shall be chairperson, ex officio; the Chief Court Administrator, ex officio; a judge or former judge of the Supreme Court and a state referee, both of whom shall be appointed by the Chief Justice; [the executive secretary of the Judicial Branch;] the Reporter of Judicial Decisions; and one other employee of the Judicial Branch appointed by the Chief Justice.

(b) The commission shall acquire, publish, distribute and maintain for the benefit of the state a sufficient supply of the official legal publications, which shall consist of: (1) The Connecticut Reports consisting of the reports of cases determined by the Supreme Court as prepared for publication by the Reporter of Judicial Decisions, (2) reports of cases determined by the Appellate Court as prepared for publication by the Reporter of Judicial Decisions, (3) the Connecticut Law Journal, (4) the Connecticut Practice Book and cumulative supplements thereto, and (5) such additional publications pertaining to the state Judicial Branch, the Supreme Court, the Appellate Court, the Superior Court and the practice of law as may be assigned to the commission. The commission may publish, maintain and distribute the official legal publications in available alternative formats. An alternative format includes an electronic format and may be the sole method for the publication, maintenance and distribution of all official legal publications [,] and all archived official legal [protections and all volumes of the Connecticut Reports, excluding the most recent one hundred volumes] publications.

(c) The commission shall publish in the Connecticut Law Journal except as they may be incorporated into any revision of the Connecticut Practice Book: (1) Rules adopted by the judges of the Supreme Court, including, but not limited to, the rules adopted by the Supreme Court for the courts of probate, (2) the rules of the Appellate Court, and (3) the rules of the Superior Court.

(d) The commission may publish in the Connecticut Law Journal, or prepare for separate publication and publish, such other documents and information as in its opinion are proper or of sufficient importance to warrant publication.

(e) The commission may establish an electronic bulletin board to provide information to members of the public upon such terms as it deems to be in the best interest of the state.

(f) The commission shall, to the extent it finds it desirable to do so, cause official legal publications to be copyrighted in the name of the Secretary of the State for the benefit of the people of the state.

(g) [All] If printed, all official legal publications published by the commission pursuant to this section shall be printed on paper that meets or exceeds the American National Standards Institute standards for permanent paper, unless such paper is not available.

Sec. 12. Subdivision (2) of subsection (a) of section 51-216b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) The commission may appoint a selling agent or agents to handle the sales, and a publishing agent or agents to attend to the publication and distribution, under its supervision, of official legal publications, upon such terms as it deems to be in the best interest of the state. [Except to the extent that the commission otherwise appoints, the executive secretary of the Judicial Branch shall be the commission's publishing agent.]

Sec. 13. Subsection (c) of section 51-295a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Each such person shall, for retirement purposes, be entitled to credit for any or all the prior years of service accrued by him on the date of his appointment as Chief Public Defender, Deputy Chief Public Defender or public defender, while serving in the office of (1) Chief Public Defender, (2) Deputy Chief Public Defender, (3) public defender, assistant public defender or deputy assistant public defender in the Superior Court, Court of Common Pleas or Circuit Court, (4) state's attorney, assistant state's attorney or deputy assistant state's attorney in the Superior Court, or (5) prosecuting attorney or assistant prosecuting attorney in the Court of Common Pleas or the Circuit Court, [or (6) executive secretary or assistant executive secretary of the Judicial Department,] provided such person shall pay to the Comptroller five per cent of the salary of his office for each prior year of service he claims for retirement credit. Each such person shall be entitled to have his retirement contributions to the state employees retirement system under chapter 66 credited toward the payment due for the prior years of service he claims for retirement credit.

Sec. 14. Section 54-66a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Any bail bond posted in any criminal proceeding in this state shall be automatically terminated and released whenever the defendant: (1) Is granted accelerated rehabilitation pursuant to section 54-56e; (2) is granted admission to the pretrial alcohol education program pursuant to section 54-56g; (3) is granted admission to the pretrial family violence education program pursuant to section 46b-38c; (4) is granted admission to the pretrial drug education and community service program pursuant to section 54-56i; (5) has the complaint or information filed against such defendant dismissed; (6) has the prosecution of the complaint or information filed against such defendant terminated by entry of a nolle prosequi; (7) is acquitted; (8) is sentenced by the court and a stay of such sentence, if any, is lifted; (9) is granted admission to the pretrial school violence prevention program pursuant to section 54-56j; (10) is charged with a violation of section 29-33, 53-202l or 53-202w, and prosecution has been suspended pursuant to subsection (h) of section 29-33; (11) is charged with a violation of section 29-37a and prosecution has been suspended pursuant to subsection (i) of section 29-37a; [or] (12) is granted admission to the supervised diversionary program for persons with psychiatric disabilities, or persons who are veterans, pursuant to section 54-56l; or (13) is granted admission to a diversionary program for young persons charged with a motor vehicle violation or an alcohol-related offense pursuant to section 54-56p.

Sec. 15. Section 54-86d of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

Any person who has been the victim of a sexual assault under section 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or family violence, as defined in section 46b-38a, shall not be required to divulge his or her address or telephone number during any trial or pretrial evidentiary hearing arising from the sexual assault, voyeurism or injury or risk of injury to, or impairing of morals of, a child, or family violence; provided the judge presiding over such legal proceeding finds: (1) Such information is not material to the proceeding, (2) the identity of the victim has been satisfactorily established, and (3) the 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.

Sec. 16. Section 54-86e of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

The name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or family violence, as defined in section 46b-38a and such other identifying information pertaining to such victim as determined by the court, shall be confidential and shall be disclosed only upon order of the Superior Court, except that (1) such information shall be available to the accused in the same manner and time as such information is available to persons accused of other criminal offenses, and (2) if a protective order is issued in a prosecution under any of said sections, the name and address of the victim, in addition to the information contained in and concerning the issuance of such order, shall be entered in the registry of protective orders pursuant to section 51-5c.

Sec. 17. Subsection (d) of section 51-245 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(d) Notwithstanding the provisions of subsections (a) and (b) of this section, if any juror is deaf or hard of hearing, such juror shall have the assistance of a qualified interpreter who shall be present throughout the proceeding and when the jury assembles for deliberation. [Such interpreter shall be provided by the Department of Rehabilitation Services at the request of the juror or the court.] Such interpreter shall be subject to rules adopted pursuant to section 51-245a.

Sec. 18. Section 150 of public act 17-2 of the June special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a pilot program that shall provide indigent individuals with access to legal counsel at any hearing on an application for relief from abuse brought under section 46b-15 of the general statutes. The pilot program shall be administered in accordance with the provisions of this section. Funding for the pilot program shall be in accordance with the provisions of section 151 of [this act] public act 17-2 of the June special session. If funding is not made available in accordance with section 151 of [this act] public act 17-2 of the June special session by July 1, 2018, then the Division of Public Defender Services and the Judicial Branch shall not be required to undertake the duties described in this section. The pilot program shall commence on July 1, 2018, and shall terminate on June 30, 2019.

(b) (1) The Judicial Branch, utilizing funds made available pursuant to section 151 of [this act] public act 17-2 of the June special session, shall contract with one or more nonprofit organizations, whose principal purpose is to provide legal services to indigent individuals, to provide legal counsel to an applicant at any hearing on an application for relief from abuse brought under section 46b-15 of the general statutes. The provision of legal counsel under this subsection shall only be for the duration of the pilot program and shall be limited to the issue of whether the application for relief under section 46b-15 of the general statutes shall be granted or denied.

(2) The Division of Public Defender Services, utilizing funds made available pursuant to section 151 of [this act] public act 17-2 of the June special session, shall provide legal counsel to a respondent at any hearing on an application for relief from abuse brought under section 46b-15 of the general statutes. The provision of legal counsel under this subsection shall only be for the duration of the pilot program and shall be limited to the issue of whether the application for relief under section 46b-15 of the general statutes shall be granted or denied.

(c) The Chief Court Administrator shall select one judicial district in which to provide the legal services described in subsection (b) of this section.

(d) No individual who seeks services under the pilot program shall be provided access to legal counsel under subsection (b) of this section, unless: (1) If such individual is (A) the applicant in a proceeding brought under section 46b-15 of the general statutes, the individual successfully demonstrates to the nonprofit organization with whom the Judicial Branch has contracted for the provision of legal services that he or she is indigent, or (B) the respondent in a proceeding brought under section 46b-15 of the general statutes, the individual successfully demonstrates to the Division of Public Defender Services that he or she is indigent; and (2) such proceeding is pending in the judicial district selected pursuant to subsection (c) of this section.

(e) For purposes of this section, an applicant or respondent shall be determined indigent if he or she has annual gross income that is at or below the following guidelines: (1) $23,760 for an applicant or respondent with no dependents, (2) $32,040 for an applicant or respondent with one dependent, (3) $40,320 for an applicant or respondent with two dependents, and (4) $48,600 for an applicant or respondent with three dependents. If an applicant or respondent has more than three dependents, for each additional dependent the sum of $8,320 shall be added to $48,600.

(f) Prior to providing legal counsel to any individual under the pilot program, the Division of Public Defender Services and any nonprofit organization with whom the Judicial Branch contracts for the provision of legal services under the pilot program, shall ensure that attorneys are assigned to proceedings in a manner that will avoid conflicts of interest, as defined by the Rules of Professional Conduct.

(g) Not later than [January 1, 2019] July 1, 2019, the Chief Court Administrator, shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on: (1) The status and results of the pilot program, and (2) whether a permanent program that provides similar legal services should be established in the state. Such report may also include legislative recommendations concerning the establishment of the pilot program on a permanent basis.

Sec. 19. Subsection (b) of section 46b-44a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) An action brought pursuant to subsection (a) of this section may proceed if, at the time of the filing of the action, the parties attest, under oath, that the following conditions exist: (1) The marriage has broken down irretrievably; (2) the duration of the marriage does not exceed nine years; (3) neither party to the action is pregnant; (4) no children were born to or adopted by the parties prior to, or during, the marriage; (5) neither party has any interest or title in real property; (6) the total combined fair market value of all property owned by either party, less any amount owed on such property, is less than eighty thousand dollars; (7) neither party has a defined benefit pension plan; (8) neither party has a pending petition for relief under the United States Bankruptcy Code; [(9) neither party is applying for or receiving benefits pursuant to Title XIX of the Social Security Act; (10)] (9) no other action for dissolution of marriage, civil union, legal separation or annulment is pending in this state or in a foreign jurisdiction; [(11)] (10) a restraining order, issued pursuant to section 46b-15, or a protective order, issued pursuant to section 46b-38c, between the parties is not in effect; and [(12)] (11) the residency provisions of section 46b-44 have been satisfied. After the filing of the joint petition and prior to the court entering a decree of dissolution of marriage pursuant to section 46b-44c, if a change occurs with respect to any of the conditions set forth in this subsection, one or both of the parties shall notify the court forthwith of the changed condition. For the purposes of this subsection, "defined benefit pension plan" means a pension plan in which an employer promises to pay a specified monthly benefit upon an employee's retirement that is predetermined by a formula based on the employee's earnings history and tenure of service.

Sec. 20. Subsection (b) of section 54-220 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) Notwithstanding any provision of the general statutes, upon request, a victim advocate shall be provided with a copy of any police report in the possession of the [Office of the Chief State's Attorney] state's attorney, the Division of State Police within the Department of Emergency Services and Public Protection, any municipal police department or any other law enforcement agency that the victim advocate requires to perform the responsibilities and duties set forth in subsection (a) of this section.

Approved June 4, 2018