Bill Summary – FastDemocracy

General Assembly                     Raised Bill No. 5177
       February Session, 2020              LCO No. 1399
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING COURT OPERATIONS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 45a-78 of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective from passage):
       (a) The Probate Court Administrator shall, from time to time,
    recommend to the judges of the Supreme Court, for adoption and
    promulgation, [pursuant to the provisions of section 51-14,] uniform
    rules of procedure in the Probate Courts. Any rules of procedure so
    adopted and promulgated shall be mandatory upon all Probate Courts.
      (b) To assist the Probate Court Administrator in formulating such
   recommendations, the Probate Court Administrator shall meet with the
   Probate Assembly at least annually, and may meet with members of the
   bar of this state and with the general public. The Probate Court
   Administrator shall designate not less than three Probate Court judges
   who shall hold a public hearing, after reasonable notice is given in the
   Connecticut Law Journal and otherwise as the Probate Court
   Administrator deems proper, on any proposed new rule or any change
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 in an existing rule before it is presented to the judges of the Supreme
 Court for adoption and promulgation.
    [(b)] (c) The Probate Court Administrator shall, from time to time,
 publish the rules of procedure for the Probate Courts. The Probate Court
 Administrator may pay the expenses of publication from the fund
 established under section 45a-82 and shall sell the book of Probate Court
 rules of procedure, at a price determined by the Probate Court
 Administrator. The proceeds from the sales shall be added to and shall
 become a part of said fund.
    Sec. 2. Section 46b-16a of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective from passage):
    (a) Any person who has been the victim of sexual abuse, sexual
 assault or stalking may make an application to the Superior Court for
 relief under this section, provided such person has not obtained any
 other court order of protection arising out of such abuse, assault or
 stalking and does not qualify to seek relief under section 46b-15. As used
 in this section, "stalking" means two or more wilful acts, performed in a
 threatening, predatory or disturbing manner of: Harassing, following,
 lying in wait for, surveilling, monitoring or sending unwanted gifts or
 messages to another person directly, indirectly or through a third
 person, by any method, device or other means, that causes such person
 to reasonably fear for his or her physical safety.
    (b) The application shall be accompanied by an affidavit made by the
 applicant under oath that includes a statement of the specific facts that
 form the basis for relief. If the applicant attests that disclosure of the
 applicant's location information would jeopardize the health, safety or
 liberty of the applicant or the applicant's children, the applicant may
 request, on a form prescribed by the Chief Court Administrator, that his
 or her location information not be disclosed. Upon receipt of the
 application, if the allegations set forth in the affidavit meet the
 requirements of subsection (a) of this section, the court shall schedule a
 hearing not later than fourteen days from the date of the application. If
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 a postponement of a hearing on the application is requested by either
 party, no ex parte order shall be continued except upon agreement of
 the parties or by order of the court for good cause shown. If the court is
 closed on the scheduled hearing date, the hearing shall be held on the
 next day the court is open and any ex parte order that was issued 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. If the court finds that there are reasonable grounds to believe
 that the respondent has committed acts constituting grounds for
 issuance of an order under this section and will continue to commit such
 acts or acts designed to intimidate or retaliate against the applicant, the
 court, in its discretion, may make such orders as it deems appropriate
 for the protection of the applicant. If the court finds that there are
 reasonable grounds to believe that an imminent danger exists to the
 applicant, the court may issue an ex parte order granting such relief as
 it deems appropriate. 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, but are 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;
 and (3) entering the dwelling of the applicant.
   (c) No order of the court shall exceed one year, except that an order
 may be extended by the court upon proper motion of the applicant,
 provided a copy of the motion has been served by a proper officer on
 the respondent, no other order of protection based on the same facts and
 circumstances is in place and the need for protection, consistent with
 subsection (a) of this section, still exists.
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    (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 (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 such
 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,
 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 education and career school,
 or an institution of higher education, as defined in section 10a-55, the
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 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, if the
 applicant provides the clerk with the name and address of such school
 or institution of higher education.
    (e) 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
 conformance with subsection (d) 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 of the court 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 (d) of this
 section.
    [(e)] (f) An action under this section shall not preclude the applicant
 from subsequently seeking any other civil or criminal relief based on the
 same facts and circumstances.
    Sec. 3. Subsection (b) of section 46b-124 of the 2020 supplement to the
 general statutes is repealed and the following is substituted in lieu
 thereof (Effective July 1, 2020):
    (b) All records of cases of juvenile matters, as provided in section 46b-
 121, except delinquency proceedings, or any part thereof, and all records
 of appeals from probate brought to the superior court for juvenile
 matters pursuant to section 45a-186, shall be confidential and for the use
 of the court in juvenile matters, and open to inspection or disclosure to
 any third party, including bona fide researchers commissioned by a
 state agency, only upon order of the Superior Court, except that: (1) Such
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 records shall be available to (A) the attorney representing the child,
 including the Division of Public Defender Services, in any proceeding
 in which such records are relevant, (B) the parents or guardian of the
 child until such time as the child reaches the age of majority or becomes
 emancipated, (C) an adult adopted person in accordance with the
 provisions of sections 45a-736, 45a-737 and 45a-743 to 45a-757, inclusive,
 (D) employees of the Division of Criminal Justice who, in the
 performance of their duties, require access to such records, (E)
 employees of the Judicial Branch who, in the performance of their
 duties, require access to such records, (F) another court under the
 provisions of subsection (d) of section 46b-115j, (G) the subject of the
 record, upon submission of satisfactory proof of the subject's identity,
 pursuant to guidelines prescribed by the Office of the Chief Court
 Administrator, provided the subject has reached the age of majority or
 has been emancipated, (H) the Department of Children and Families, (I)
 the employees of the Division of Public Defender Services who, in the
 performance of their duties related to Division of Public Defender
 Services assigned counsel, require access to such records, [and] (J)
 judges and employees of the Probate Court who, in the performance of
 their duties, require access to such records, and (K) members and
 employees of the Judicial Review Council who, in the performance of
 their duties related to said council, require access to such records; and
 (2) all or part of the records concerning a youth in crisis with respect to
 whom a court order was issued prior to January 1, 2010, may be made
 available to the Department of Motor Vehicles, provided such records
 are relevant to such order. Any records of cases of juvenile matters, or
 any part thereof, provided to any persons, governmental or private
 agencies, or institutions pursuant to this section shall not be disclosed,
 directly or indirectly, to any third party not specified in subsection (d)
 of this section, except as provided by court order, in the report required
 under section 54-76d or 54-91a or as otherwise provided by law.
    Sec. 4. Subsection (d) of section 46b-124 of the 2020 supplement to the
 general statutes is repealed and the following is substituted in lieu
 thereof (Effective July 1, 2020):
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    (d) Records of cases of juvenile matters involving delinquency
 proceedings shall be available to (1) Judicial Branch employees who, in
 the performance of their duties, require access to such records, (2) judges
 and employees of the Probate Court who, in the performance of their
 duties, require access to such records, and (3) employees and authorized
 agents of state or federal agencies involved in (A) the delinquency
 proceedings, (B) the provision of services directly to the child, or (C) the
 delivery of court diversionary programs. Such employees and
 authorized agents include, but are not limited to, law enforcement
 officials, community-based youth service bureau officials, state and
 federal prosecutorial officials, school officials in accordance with section
 10-233h, court officials including officials of both the regular criminal
 docket and the docket for juvenile matters and officials of the Division
 of Criminal Justice, the Division of Public Defender Services, the
 Department of Children and Families, if the child is committed pursuant
 to section 46b-129, provided such disclosure shall be limited to (i)
 information that identifies the child as the subject of the delinquency
 petition, or (ii) the records of the delinquency proceedings, when the
 juvenile court orders the department to provide services to said child,
 the Court Support Services Division and agencies under contract with
 the Judicial Branch. Such records shall also be available to (I) the
 attorney representing the child, including the Division of Public
 Defender Services, in any proceeding in which such records are
 relevant, (II) the parents or guardian of the child, until such time as the
 subject of the record reaches the age of majority, (III) the subject of the
 record, upon submission of satisfactory proof of the subject's identity,
 pursuant to guidelines prescribed by the Office of the Chief Court
 Administrator, provided the subject has reached the age of majority,
 (IV) law enforcement officials and prosecutorial officials conducting
 legitimate criminal investigations, (V) a state or federal agency
 providing services related to the collection of moneys due or funding to
 support the service needs of eligible juveniles, provided such disclosure
 shall be limited to that information necessary for the collection of and
 application for such moneys, [and] (VI) members and employees of the
 Board of Pardons and Paroles and employees of the Department of
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 Correction who, in the performance of their duties, require access to
 such records, provided the subject of the record has been convicted of a
 crime in the regular criminal docket of the Superior Court and such
 records are relevant to the performance of a risk and needs assessment
 of such person while such person is incarcerated, the determination of
 such person's suitability for release from incarceration or for a pardon,
 or the determination of the supervision and treatment needs of such
 person while on parole or other supervised release, and (VII) members
 and employees of the Judicial Review Council who, in the performance
 of their duties related to said council, require access to such records.
 Records disclosed pursuant to this subsection shall not be f