Bill Summary – FastDemocracy

General Assembly                      Raised Bill No. 442
       February Session, 2020               LCO No. 2741
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING COURT PROCEEDINGS INVOLVING
 ALLEGATIONS OF FAMILY VIOLENCE AND DOMESTIC ABUSE.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 46b-15 of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective October 1, 2020):
      (a) Any family or household member, as defined in section 46b-38a,
   who has been subjected to: [a] (1) A continuous threat of present
   physical pain or physical injury, (2) stalking, [or] (3) a pattern of
   threatening, including, but not limited to, a pattern of threatening, as
   described in section 53a-62, (4) a history or pattern of coercive or
   controlling behavior, including, but not limited to, physical violence and
   sexual assault, or (5) a history or pattern of psychological abuse,
   including, but not limited to, intentional isolation, harassment,
   intimidation and threats relating to (A) the personal safety of the family
   or household member, (B) the safety of a child of the family or
   household member, (C) a denial of access to a child of the family or
   household member, or (D) the exercise of freedom of movement and
   association by a family or household member, by another family or
   household member may make an application to the Superior Court for
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 relief under this section. The court shall provide any person who applies
 for relief under this section with the information set forth in section 46b-
 15b.
    (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 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 that 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, and the court orders an ex parte order,
 the court shall order that a hearing be held on the application not later
 than seven days from the date on which the ex parte order is issued. 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 ex parte, 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. In addition, at the time of the
 hearing, the court, in its discretion, may also consider a report prepared
 by the family services unit of the Judicial Branch that may include, as
 available: Any existing or prior orders of protection obtained from the
 protection order registry; information on any pending criminal case or
 past criminal case in which the respondent was convicted of a violent
 crime; any outstanding arrest warrant for the respondent; and the
 respondent's level of risk based on a risk assessment tool utilized by the
 Court Support Services Division. The report may also include
 information pertaining to any pending or disposed family matters case
 involving the applicant and respondent. Any report provided by the
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 Court Support Services Division to the court shall also be provided to
 the applicant and respondent. 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. If the applicant is under eighteen years of age, a
 parent, guardian or responsible adult who brings the application as next
 friend of the applicant may not speak on the applicant's behalf at such
 hearing unless there is good cause shown as to why the applicant is
 unable to speak on his or her own behalf, except that nothing in this
 subsection shall preclude such parent, guardian or responsible adult
 from testifying as a witness at such hearing. As used in this subsection,
 "violent crime" includes: (A) An incident resulting in physical harm,
 bodily injury or assault; (B) an act of threatened violence that constitutes
 fear of imminent physical harm, bodily injury or assault, including, but
 not limited to, stalking or a pattern of threatening; (C) verbal abuse or
 argument if there is a present danger and likelihood that physical
 violence will occur; and (D) cruelty to animals as set forth in section 53-
 247.
   (c) If the court issues an ex parte order pursuant to subsection (b) of
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 this section and service has not been made on the respondent in
 conformance 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.
    (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.
    (e) At the hearing on any application under this section, the court
 shall, in accordance with the provisions of the Connecticut Code of
 Evidence, allow testimony from an expert witness in matters where
 domestic abuse or violence has been alleged provided: (1) Such witness
 is qualified as an expert by the court in matters relating to domestic
 violence and abuse on account of the witness's knowledge, skill,
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 experience, training or education on matters relating to domestic
 violence and abuse or child sexual abuse, (2) the witness's knowledge,
 skill, experience training or education is not common to the average
 person, (3) the testimony will be of assistance to the court in its
 consideration of the issues, and (4) the witness has demonstrated
 experience in working with persons subjected to domestic violence and
 abuse. 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)] (A) An
 order prohibiting the respondent from [(A)] (i) 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)] (ii) 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)] (iii) transferring, encumbering, concealing or
 disposing of specified property owned or leased by the applicant; [(2)]
 (B) 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)] (C)
 an order that the respondent: [(A)] (i) 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)] (ii) 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)] (iii) maintain all existing health, automobile or
 homeowners insurance coverage without change in coverage or
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 beneficiary designation, or [(D)] (iv) 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 (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 (d) of this section may be preserved and collectible in an
 action for dissolution of marriage, custody, paternity or support.
    (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.".
   (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
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 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.
    (h) (1) 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 on the respondent not less than
 three days before the hearing. The cost of such service shall be paid for
 by the Judicial Branch.
     (2) When (A) an application indicates that a 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, and (B) the court has
 issued an ex parte order pursuant to this section, the proper officer
 responsible for executing service shall, whenever possible, provide in-
 hand service and, prior to serving such order, shall (i) provide notice to
 the law enforcement agency for the town in which the respondent will
 be served concerning when and where the service will take place, and
 (ii) send, or cause to be sent by facsimile or other means, a copy of the
 application, the applicant's affidavit, the ex parte order and the notice of
 hearing to such law enforcement agency, and (iii) request that a police
 officer from the law enforcement agency for the town in which the
 respondent will be served be present when service is executed by the
 proper officer. Upon receiving a request from a proper officer under the
 provisions of this subdivision, the law enforcement agency for the town
 in which the respondent will be served may designate a police officer to
 be present when service is executed by the proper officer.
   (3) 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
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 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 (A) 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