Judiciary Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6592
AN ACT CONCERNING THE FILING OF A CIVIL ACTION FOR MALICIOUS
Title: PROSECUTION.
Vote Date: 3/29/2021
Vote Action: Joint Favorable
PH Date: 3/12/2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
The Judiciary Committee
Rep. Craig C. Fishbein, 90th Dist.,
Sen. Marilyn V. Moore, 22nd Dist.
REASONS FOR BILL:
This bill codifies a three-year statute of limitations for claims of malicious prosecution. A
private individual will have three years to sue another private individual for malicious
prosecution from the date of termination of the proceedings that forms the basis of the claim.
The same time limit has been applied at the Federal level for 80 years.
RESPONSE FROM ADMINISTRATION/AGENCY:
None stated.
NATURE AND SOURCES OF SUPPORT:
Trumbull, Connecticut, Resident, Virginia Silano submitted two testimonies, part 1 stating her
support of this bill stating that malicious prosecution is the only remedy a private individual to
prosecute an abuse of the criminal legal system by another private individual. It is also stated
that the proposed legislation puts Connecticut common law prosecution on par with its
Federal section 1983 counterpart action with both torts commencing upon favorable
termination.
The second submission of testimony is in response to the opposition dated 2/24/21. It is
stated that the three year time limit to commence a civil action for malicious prosecution is
completely consistent and in harmony with common law as it existed in 1818.
NATURE AND SOURCES OF OPPOSITION:
Del Sole & Del Sole, LLP, Attorney, Michael P. Del Sole opposes this bill stating that the
statute as proposed fails to balance the rights of defendants to be free from litigation of stale
claims against the right of a plaintiff to institute a cause of action. It is also stated that
defendants of civil lawsuits do not retain the same level of recollection as do the plaintiffs who
believe that they were wronged.
Reported by: Rose Hirschl Date: April 9, 2021
Page 2 of 2 HB-6592