Bill Summary – FastDemocracy

General Assembly                      Raised Bill No. 1060
      January Session, 2021                 LCO No. 5482
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING COURT PROCEEDINGS INVOLVING
 ALLEGATIONS OF COERCIVE CONTROL OCCURRING BETWEEN
 FAMILY OR HOUSEHOLD MEMBERS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 46b-1 of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective October 1, 2021):
      (a) Matters within the jurisdiction of the Superior Court deemed to
   be family relations matters shall be matters affecting or involving: (1)
   Dissolution of marriage, contested and uncontested, except dissolution
   upon conviction of crime as provided in section [46b-47] 46b-48; (2) legal
   separation; (3) annulment of marriage; (4) alimony, support, custody
   and change of name incident to dissolution of marriage, legal separation
   and annulment; (5) actions brought under section 46b-15, as amended
   by this act; (6) complaints for change of name; (7) civil support
   obligations; (8) habeas corpus and other proceedings to determine the
   custody and visitation of children; (9) habeas corpus brought by or on
   behalf of any mentally ill person except a person charged with a criminal
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 offense; (10) appointment of a commission to inquire whether a person
 is wrongfully confined as provided by section 17a-523; (11) juvenile
 matters as provided in section 46b-121; (12) all rights and remedies
 provided for in chapter 815j; (13) the establishing of paternity; (14)
 appeals from probate concerning: (A) Adoption or termination of
 parental rights; (B) appointment and removal of guardians; (C) custody
 of a minor child; (D) appointment and removal of conservators; (E)
 orders for custody of any child; and (F) orders of commitment of persons
 to public and private institutions and to other appropriate facilities as
 provided by statute; (15) actions related to prenuptial and separation
 agreements and to matrimonial and civil union decrees of a foreign
 jurisdiction; (16) dissolution, legal separation or annulment of a civil
 union performed in a foreign jurisdiction; (17) custody proceedings
 brought under the provisions of chapter 815p; and (18) all such other
 matters within the jurisdiction of the Superior Court concerning
 children or family relations as may be determined by the judges of said
 court.
    (b) As used in this title, "coercive control" means a pattern of behavior
 toward a person who is, or has been, an intimate partner or family or
 household member, as defined in section 46b-38a, which causes fear or
 harm to such person or restricts such person's freedom of action.
 "Coercive control" includes domestic violence and intimate partner
 violence. Examples of coercive control include, but are not limited to:
    (1) A history or threat of physical assault or coercion of the person or
 a child of such person;
    (2) A history or threat of sexual assault or coercion of the person or a
 child of such person;
    (3) Stalking or cyberstalking, including closely monitoring the
 activities, communications or movements of the person;
   (4) Intentionally isolating the person from family, friends or other
 sources of support;
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    (5) Depriving the person of resources needed for independence,
 including money, food, housing, transportation or health care; or
    (6) Compelling the person by force or threat to (A) engage in conduct
 from which such person has a right to abstain, or (B) abstain from
 conduct that they have a right to pursue, including the right to end a
 relationship, report abuse or pursue legal action.
    Sec. 2. Section 46b-15 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2021):
    (a) (1) 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] is the victim of coercive
 control by another family or household member may make an
 application to the Superior Court for 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.
    (2) As used in this section, "coercive control" means a pattern of
 behavior toward a person who is, or has been, an intimate partner or
 family or household member, as defined in section 46b-38a, which
 causes fear or harm to such person or restricts such person's freedom of
 action. "Coercive control" includes domestic violence and intimate
 partner violence. Examples of coercive control include, but are not
 limited to:
    (A) A history or threat of physical assault or coercion of the person or
 a child of such person;
    (B) A history or threat of sexual assault or coercion of the person or a
 child of such person;
    (C) Stalking or cyberstalking, including closely monitoring the
 activities, communications or movements of the person;
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   (D) Intentionally isolating the person from family, friends or other
 sources of support;
    (E) Depriving the person of resources needed for independence,
 including money, food, housing, transportation or health care; or
    (F) Compelling the person by force or threat to (i) engage in conduct
 from which such person has a right to abstain, or (ii) abstain from
 conduct that they have a right to pursue, including the right to end a
 relationship, report abuse or pursue legal action.
     (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] a 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
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 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
 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
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 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
 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.
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    (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
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 (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<