HB 5311 — AN ACT CONCERNING THE NONISSUANCE OF A STANDING CRIMINAL PROTECTIVE ORDER IN THE CASE OF A FAMILY VIOLENCE CRIME.

House ofBill Representatives General Assembly File No.

5135311 FebruaryPublic Session,Act 2026 House Bill No.

531126-32 HouseAN ofACT Representatives,CONCERNING AprilTHE 8,NONISSUANCE 2026OF TheA CommitteeSTANDING onCRIMINAL JudiciaryPROTECTIVE reportedORDER throughIN REP.THE CASE OF A FAMILY VIOLENCE CRIME.

STAFSTROM of the 129th Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.

AN ACT CONCERNING THE NONISSUANCE OF A STANDING CRIMINAL PROTECTIVE ORDER IN THE CASE OF A FAMILY VIOLENCE CRIME.

(a) If any person is convicted of, or found not guilty by reason of mental disease or defect of, (1) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70c, 53a- 71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183,subdivision(2)ofsubsection(a)ofsection53a-192a,section53a- 223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said sections or section 53a-54a, or (2) any crime that the court determines constitutes a family violence crime, as defined in section 46b-38a, or HB5311attempt /or Fileconspiracy to commit any such crime, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a or 53a-36, if the court is of the opinion that the history and character and the nature and circumstances of the criminal conduct House Bill No.

5135311 1of HB5311such Fileoffender No.indicate that a standing criminal protective order will best serve the interest of the victim and the public, issue a standing criminal protective order which shall remain in effect for a duration specified by the court until modified or revoked by the court for good cause shown.

513 attempt or conspiracy to commit any such crime, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a or 53a-36, if the court is of the opinion that the history and character and the nature and circumstances of the criminal conduct of such offender indicate that a standing criminal protective order will best serve the interest of the victim and the public, issue a standing criminal protective order which shall remain in effect for a duration specified by the court until modified or revoked by the court for good cause shown.

ThisGovernor's actAction: shall take effect as follows and shall amend the following sections:

SectionApproved 1May October26, 1, 2026 53a-40e(a)Public JUDAct Joint Favorable HB5311 / File No.

51326-32 2 HB5311of File2 No.

513 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill, which requires a court to state its reasons for not issuing a standing criminal protective order in certain circumstances, does not result in a fiscal impact to the state.

The Out Years State Impact:

None Municipal Impact:

None HB5311 / File No.

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513 OLR Bill Analysis HB 5311 AN ACT CONCERNING THE NONISSUANCE OF A STANDING CRIMINAL PROTECTIVE ORDER IN THE CASE OF A FAMILY VIOLENCE CRIME.

SUMMARY This bill requires a Superior Court, if it does not issue a standing criminal protective order against someone convicted, or found not guilty due to mentaldisease or defect,ofafamily violence crime, tostate its reasons for not doing so on the record.

Existing law allows a Superior Court to independently issue, on a victim’s behalf, a standing criminal protective order if the (1) defendant is convicted, or found not guilty due to mental disease or defect, of certain specified crimes or a crime that constitutes a family violence crime and (2) court determines that the offender’s criminal conduct indicates that the order will best serve the victim’s and public’s interest.

The order stays in place for the period the court sets, unless the court modifies or revokes it.

For other crimes, the court may issue this order for good cause shown.

EFFECTIVE DATE:

October 1, 2026 BACKGROUND Family Violence Crimes By law, a “family violence crime” is a crime, but not a delinquent act, which, with its other elements, has as an element a family violence act to a family or household member, including a (1) 1st or 2nd degree violation of conditions of release or (2) criminal violation of a protective order, a standing criminal protective order, or a restraining order.

It does not include acts by parents or guardians disciplining minor children unless they constitute abuse (CGS § 46b-38a(3)).

HB5311 / File No.

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513 “Family violence” is an incident causing physical harm, bodily injury, or assault, or an act of threatened violence that creates fear of imminent physical harm, bodily injury, or assault, including stalking or a pattern of threatening, between family or household members.

Verbal abuse or argument is not family violence unless there is present danger and the likelihood of physical violence (CGS § 46b-38a(1)).

COMMITTEE ACTION Judiciary Committee Joint Favorable Yea 37 Nay 0 (03/24/2026) HB5311 / File No.

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