HB 7299 — AN ACT CONCERNING STRENGTHENING LAWS CONCERNING DOMESTIC VIOLENCE.

General Assembly   RaisedSubstitute Bill No.

7299 January Session, 2017   LCO*_____HB07299JUD___040617____* No.AN ACT CONCERNING STRENGTHENING LAWS CONCERNING DOMESTIC VIOLENCE.

5497   *05497_______JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT CONCERNING STRENGTHENING LAWS CONCERNING DOMESTIC VIOLENCE.

(1) Such person knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person [to] in the victim's circumstances to (A) fear for such person's physical safety or the physical safety of a third person, or (B) suffer substantial emotional distress;

or (2) Such person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person that would cause a reasonable person in the victim's circumstances to fear that such person's employment, business or career is threatened, where (A) such conduct consists of the actor telephoning to, appearing at or initiating communication or contact at such other person's place of employment or business, provided the actor was previously and clearly informed to cease such conduct, and (B) such conduct does not consist of constitutionally protected activity.

(a) A person is guilty of stalking in the third degree when [he] such person recklessly causes another person in the victim's circumstances to reasonably (1) fear for his or her physical safety, or (2) suffer substantial emotional distress, as defined in section 53a-181d, as amended by this act, by wilfully and repeatedly following or lying in wait for such other person.

Section 53a-64aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) A person is guilty of strangulation or suffocation in the first degree when such person commits strangulation or suffocation in the second degree as provided in section 53a-64bb, as amended by this act, and (1) in the commission of such offense, such person (A) uses or attempts to use a dangerous instrument, or (B) causes serious physical injury to such other person, or (2) such person has previously been convicted of a violation of this section or section 53a-64bb, as amended by this act.

(b) No person shall be found guilty of strangulation or suffocation in the first degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information.

For the purposes of this section, "unlawful restraint" means a violation of section 53a-95 or 53a-96, and "assault" means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

(c) Strangulation or suffocation in the first degree is a class C felony.

Sec.

4.

4.5.

5.

Subsection (h) of section 46b-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(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 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 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 (B) 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, within forty-eight hours of the issuance of such order.

If the victim is enrolled in a public or private elementary or secondary school, including a technical high school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the victim, 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 victim is enrolled and the special police force established pursuant to section 10a-156b, if any, at the institution of higher education at which the victim is enrolled.

Sec.

3 October 1, 2017 53a-64bb53a-64aa Sec.

4 October 1, 2017 53a-64cc53a-64bb Sec.

5 October 1, 2017 46b-15(h)53a-64cc Sec.

8 October 1, 2017 54-91a StatementJUD ofJoint Purpose:Favorable Subst.

To change the standard of fear required for the stalking statutes, include suffocation in the strangulation statutes, delete the requirement that the contents of a restraining order forwarded to law enforcement include the applicant's affidavit, amend the violations of conditions of release statute to provide for an enhanced penalty and amend presentence investigation statutes to prohibit the waiver of such investigation in the case of a family violence crime.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]