SB 6 — AN ACT CONCERNING DOMESTIC VIOLENCE AND CRIMINAL JUSTICE REFORMS.

(d)Any exparterestraining order enteredunder subsection(b)ofthis 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.

(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 LCO No.

5651 4 of 45 Committee Bill No.6 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 actionthat couldresult inthecancellation,change ofcoverage 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 (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 LCO No.

5651 5 of 45 Committee Bill No.

6 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, afine 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 appeared upon the initial application, service of a motion to extend an order may be made by first-class mail directed to the respondent at the respondent's last-known address.

(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] statement of the specific facts that form the basis for relief made under penalty of false statement pursuant to section 53a- 157b 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 LCO No.

5651 6 of 45 Committee Bill No.

6 thehearing.

A proper officer responsible for executing suchservice shall accept all documents in an electronic format, if presented to such officer in such format.

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 guneligibility certificate or anammunitioncertificate 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] statement of the specific facts that form the basis for relief made under penalty of false statement pursuant to section 53a-157b, 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 LCO No.

5651 7 of 45 Committee Bill No.6 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 systemthedate, time andmethod ofservice.

If,priortothedate 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, or victim's minor child protected by such order, 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 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 institutionof higher education at which the victim, or victim's minor child protected by such order, 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, or victim's minor child protected by such order, is enrolled, ifthevictimprovidestheclerkwiththenameandaddressofsuchschool or institution of higher education.

(i) A caretaker who is providing shelter in his or her residence to a person sixty years or older shall not be enjoined from the full use and enjoyment of his or her home and property.

The Superior Court may make any other appropriate order under the provisions of this section.

LCO No.

5651 8 of 45 Committee Bill No.6 (j) When a motion for contempt is filed for violation of a restraining order, there shall be an expedited hearing.

Such hearing shall be held within five court days of service of the motion on the respondent, provided service on the respondent is made not less than twenty-four hours before the hearing.

If the court finds the respondent in contempt for violation of an order, the court may impose such sanctions as the court deems appropriate.

(k) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief.

(l) For purposes of this section, "police officer" means a state police officer or a sworn member of a municipal police department and "law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department.

Sec.

2.

Section 51-27h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

The Chief Court Administrator shall provide in each court where family matters or family violence matters are heard or where a domestic violence docket, as defined in section 51-181e, is located a secure room for victims of family violence crimes and advocates for victims of family violence crimes which is separate from any public or private area of the court intended to accommodate the respondent or defendant or the respondent's or defendant's family, friends, attorneys or witnesses and separate from the office of the state's attorney, provided such a room is available and the use of such room is practical, except that any courthouse constructed on or after July 1, 2021, shall include such a room.

Sec.

3.

Section 51-27i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

(a) As used in this section:

LCO No.

5651 9 of 45 Committee Bill No.6 (1) "Domestic violence agency" means any office, shelter, host home or agency offering assistance to victims of domestic violence through crisis intervention, emergency shelter referral and medical and legal advocacy, and which meets the Department of Social Services' criteria of service provision for such agencies.

(2) "Family violence victim advocate" means a person (A) who is employed by and under the control of a direct service supervisor of a domesticviolence agency,(B)who hasundergoneaminimumoftwenty hours of training which shall include, but not be limited to, the dynamics of domestic violence, crisis intervention, communication skills, working with diverse populations, an overview of the state criminal justice and civil family court systems and information about state and community resources for victims of domestic violence, (C) who is certified as a counselor by the domestic violence agency that provided such training, and (D) whose primary purpose is the rendering of advice, counsel and assistance to, and the advocacy of the cause of, victims of domestic violence.

(b) The Chief Court Administrator shall permit one or more family violence victim advocates to provide services to victims of domestic violence in (1) the Family Division of the Superior Court in [one or more judicial districts] each judicial district, and (2) each geographical area court in the state.

(c) Notwithstanding any provision of the general statutes, upon request, a family violence victim advocate providing services in the Family Division of the Superior Court or a geographical area court shall be provided with a copy of any police report in the possession of the state's attorney, the Division of State Police within the Department of Emergency Services and Public Protection, any municipal police department or any other law enforcement agency that the family violence victim advocate requires to perform the responsibilities and duties set forth in subsection (b) of this section.

Sec.

4.

Subdivision (3) of section 46b-38a of the general statutes is LCO No.

5651 10 of 45 Committee Bill No.6 repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):

(3) "Family violence crime" means a crime as defined in section 53a- 24, other than a delinquent act, as defined in section 46b-120, which, in addition to its other elements, contains as an element thereof an act of family violence to a family or household member.

"Family violence crime" includes any violation of section 53a-222, 53a-222a, 53a-223, 53a- 223a or 53a-223b when the condition of release or court order is issued for an act of family violence or a family violence crime.

"Family violence crime" does not include acts by parents or guardians disciplining minor children unless such acts constitute abuse.

Sec.

5.

Subdivision (5) of subsection (g) of section 46b-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(5) (A) On and after July 1, [2010] 2021, each law enforcement agency shall designate at least one officer with supervisory duties to expeditiously process, upon request of a victim of family violence or other crime who is applying for U Nonimmigrant Status [(A)] (i) a certification of helpfulness on Form I-918, Supplement B, or any subsequent corresponding form designated by the United States Department of Homeland Security, confirming that the victim of family violence or other crime has been helpful, is being helpful [,] or is likely to be helpful in the investigation or prosecution of the criminal activity, and [(B)] (ii) any subsequent certification required by the victim.

As used in this subparagraph, "expeditiously" means not later than sixty days after the date of receipt of the request for certification of helpfulness, or not later than fourteen days after the date of receipt of such request if (I) the victim is in federal immigration removal proceedings or detained, or (II) the victim's child, parents or siblings would become ineligible for an immigration benefit by virtue of the victim or the sibling of such victim attaining the age of eighteen years, or the victim's child attaining the age of twenty-one years.

LCO No.

5651 11 of 45 Committee Bill No.6 (B) By signing a certification of helpfulness, the officer or agency is not making a determination of eligibility for U Nonimmigrant Status.

The officer or agency is solely providing information required by the United States Department of Homeland Security on such form as is required by said department and certifying that:

(i) The requesting individual or his or her family member is a victim of one of the enumerated crimes eligible for U Nonimmigrant Status, (ii) the victim possesses or possessed information regarding that crime, (iii) the victim has been, is being or is likely to be helpful in an investigation of that crime, and(iv)thevictimhas not failedor refusedto providereasonably requested informationor assistance.

A current or ongoing investigation, filing of criminal charges, prosecution or conviction are not required for a victim to request and obtain certification under this subdivision.

Sec.

6.

Section 17b-105a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(a) The Commissioner of Social Services shall seek a waiver from federal law to allow persons who live in an area in which (1) the unemployment rate is greater than ten per cent, or (2) there is an insufficient number of jobs to provide such persons with employment, to be exempt from the three-month participation limit of the supplemental nutrition assistance program implemented pursuant to the Food and Nutrition Act of 2008.

(b) The Commissioner of Social Services shall implement vehicle evaluation provisions in accordance with 7 CFR 273.8(f)(4).

(c) The Commissioner of Social Services, pursuant to 7 USC 2014(e)(6), shall implement the federal option to mandate the use of a standard utility allowance, to be used in place of actual utility costs, for purposes of calculating the excess shelter deduction of applicants for, or recipients of, supplemental nutrition assistance program benefits.

Pursuant to 7 USC 2014(e)(6)(C)(iii)(III), the commissioner shall not prorate a standard utility allowance based upon the fact that an assisted household shares the utility with an individual who is not a member of LCO No.

5651 12 of 45 Committee Bill No.6 the assisted household.

(d) The Commissioner of Social Services, to the extent permissible under federal law, shall (1) expedite supplemental nutrition assistance program eligibility determinations for a victim of domestic violence, as defined in section 17b-112a, and (2) provide an eligible victim temporary supplemental nutrition assistance program benefits for not less than ninety days before redetermining eligibility for benefits.

In conducting an expedited initial eligibilitydetermination, the commissioner shall subtract from such victim's household income the income of any spouse, domestic partner or other household member credibly accused by such victim of domestic violence.

For purposes of this subsection, allegations of domestic violence may be substantiated by the commissioner pursuant to the provisions of subsection (b) of section 17b-112a.

Sec.7.

Subsections(b)and(c)ofsection17b-749ofthegeneralstatutes arerepealedandthefollowingissubstitutedinlieuthereof (EffectiveJuly 1, 2021):

(b) The commissioner shall establish income standards for applicants and recipients at a level to include a family with gross income up to fifty per cent of the state-wide median income, except the commissioner:

(1) [may] May increase the income level up to the maximum level allowed under federallaw, (2)upontherequestoftheCommissioner ofChildren and Families, may waive the income standards for adoptive families so that childrenadopted [onor after October 1,1999,]fromtheDepartment of Children and Families are eligible for the child care subsidy program, [and (3) on and after March 1, 2003,] (3) shall waive the income standards for not less than ninety days from the date of application for a victim of domestic violence, as defined in section 17b-112a, at which time the commissioner shall redetermine eligibility based upon the income standards, and (4) shall reduce the income eligibility level to up to fifty-five per cent of the state-wide median income for applicants and recipients who qualify based on their loss of eligibility for temporary LCO No.

5651 13 of 45 Committee Bill No.6 family assistance.

For purposes of this subsection, allegations of domestic violence may be substantiated by the commissioner pursuant to the provisions of subsection (b) of section 17b-112a.

The commissioner may adopt regulations in accordance with chapter 54 to establish income criteria and durational requirements for such waiver of income standards.

(c) The commissioner, in consultation with the Commissioner of Social Services, shall establish eligibility and program standards including, but not limited to:

(1) A priority intake and eligibility system with preference given to serving (A) victims of domestic violence, as defined in section 17b-112a, (B) recipients of temporary family assistance who are employed or engaged in employment activities under the Department of Social Services' "Jobs First" program, [(B)] (C) working families whose temporary family assistance was discontinued not morethanfive yearsprior to thedate ofapplicationfor thechildcare subsidy program, [(C)] (D) teen parents, [(D)] (E) low-income working families, [(E)] (F) adoptive families of children who were adopted from the Department of Children and Families and who are granted a waiver of income standards under subdivision (2) of subsection (b) of this section, and [(F)] (G) working families who are at risk of welfare dependency;

(2) health and safety standards for child care providers not required to be licensed;

(3) a reimbursement system for child care services which account for differences in the age of the child, number of children in the family, the geographic region and type of care provided by licensed and unlicensed caregivers, the cost and type of services provided by licensed and unlicensed caregivers, successful completion of fifteen hours of annual in-service training or credentialing of child care directors and administrators, and program accreditation;

(4) supplemental payment for special needs of the child and extended nontraditional hours;

(5) an annual rate review process for providers which assures that reimbursement rates are maintained at levels which permit equal access to a variety of child care settings;

(6) a sliding reimbursement scale for participating families;

(7) an administrative appeals process;

(8) an administrative hearing process to adjudicate LCO No.

5651 14 of 45 Committee Bill No.6 cases of alleged fraud and abuse and to impose sanctions and recover overpayments;

(9) an extended period of program and payment eligibility when a parent who is receiving a child care subsidy experiences a temporary interruption in employment or other approved activity;

and (10) a waiting list for the child care subsidy program that (A) allows the commissioner to exercise discretion in prioritizing within and between existing priority groups, including, but not limited to, children described in 45 CFR 98.46, as amended from time to time, and households with an infant or toddler, and (B) reflects the priority and eligibility system set forth in subdivision (1) of this subsection [, which is reviewed periodically,] with the inclusion of this information in the annual report required to be issued [annually] by the office to the GovernorandtheGeneralAssemblyinaccordancewithsection17b-733.

Such action will include, but not be limited to, family income, age of child, region of state and length of time on such waiting list.

Sec.

8.

Subsection (c) of section 17b-191 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(c)To beeligiblefor cashassistance under theprogram,apersonshall (1) be (A) eighteen years of age or older;

(B) a minor found by a court to beemancipatedpursuant to section46b-150;

or (C)under eighteenyears of age and the commissioner determines good cause for such person's eligibility, and (2) not have assets exceeding two hundred fifty dollars or, if such person is married, such person and his or her spouse shall not have assets exceeding five hundred dollars.

In determining eligibility, the commissioner shall not consider as income (A) Aid and Attendance pensionbenefitsgrantedto aveteran,asdefinedinsection27-103,or the surviving spouse of such veteran, or (B) for a period not less than ninety days from the date of application, the income of a spouse, domestic partner or other household member credibly accused of domestic violence by a victimofdomesticviolence, asdefinedinsection17b-112a.

The commissioner shall redetermine the eligibility of a victim of domestic violence after ninety days.

For purposes of this subsection, LCO No.

5651 15 of 45 Committee Bill No.6 allegations of domestic violence may be substantiated by the commissioner pursuant to the provisions of subsection (b) of section 17b-112a.

No person who is a substance abuser and refuses or fails to enter available, appropriate treatment shall be eligible for cash assistance under the program until such person enters treatment.

No person whose benefits from the temporary family assistance program have terminated as a result of time-limited benefits or for failure to comply with a program requirement shall be eligible for cash assistance under the program.

Sec.

9.

Section 38a-816 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:

(1) Misrepresentations and false advertising of insurance policies.

Making, issuing or circulating, or causing to be made, issued or circulated, any estimate, illustration, circular or statement, sales presentation, omission or comparison which:

(A) Misrepresents the benefits, advantages, conditions or terms of any insurance policy;

(B) misrepresents the dividends or share of the surplus to be received, on any insurance policy;

(C) makes any false or misleading statements as to the dividends or share of surplus previously paid on any insurance policy;

(D) is misleading or is a misrepresentation as to the financial condition of any person, or as to the legal reserve system upon which any life insurer operates;

(E) uses any name or title of any insurance policy or class of insurance policies misrepresenting the true nature thereof;

(F) is a misrepresentation, including, but not limited to, an intentional misquote of a premium rate, for the purpose of inducing or tending to induce to the purchase, lapse, forfeiture, exchange, conversion or surrender of any insurance policy;

(G) is a misrepresentation for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance policy;

or (H) misrepresents any insurance policy as being shares of stock.

LCO No.

5651 16 of 45 Committee Bill No.6 (2) False information and advertising generally.

Making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated or placed before thepublic, inanewspaper,magazine or other publication, or inthe formof a notice, circular, pamphlet, letter or poster,or over any radio or television station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.

(3) Defamation.

Making, publishing, disseminating or circulating, directly or indirectly, or aiding, abetting or encouraging the making, publishing, disseminating or circulating of, any oral or written statement or any pamphlet, circular, article or literature which is false or maliciously critical of or derogatory to the financial condition of an insurer, and which is calculated to injure any person engaged in the business of insurance.

(4) Boycott, coercion and intimidation.

Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercionorintimidationresultinginortendingtoresultinunreasonable restraint of, or monopoly in, the business of insurance.

(5) False financial statements.

Filing with any supervisory or other public official, or making, publishing, disseminating, circulating or delivering to any person, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated or delivered to any person, or placed before the public, any false statement offinancialconditionofaninsurer withintent to deceive;

or making any false entry in any book, report or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, LCO No.

5651 17 of 45 Committee Bill No.6 wilfully omitting to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer.

(6) Unfair claim settlement practices.

Committing or performing with such frequency as to indicate a general business practice any of the following:

(A) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue;

(B) failing to acknowledge and act with reasonable promptness upon communications with respect to claims arising under insurance policies;

(C) failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;

(D) refusing to pay claims without conducting a reasonable investigation based upon all available information;

(E) failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;

(F) not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear;

(G) compelling insuredsto institute litigationto recover amountsdue under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds;

(H) attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application;

(I) attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of the insured;

(J) making claims payments to insureds or beneficiaries not accompanied by statements setting forth the coverage under which the payments are being made;

(K) making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;

(L) delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain LCO No.

5651 18 of 45 Committee Bill No.6 substantiallythesameinformation;(M)failingtopromptlysettleclaims, where liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage;

(N) failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer ofa compromise settlement;(O)using as abasisfor cash settlement with afirstpartyautomobileinsuranceclaimantanamount whichislessthan the amount which the insurer would pay if repairs were made unless such amount is agreed to by the insured or provided for by the insurance policy.

(7) Failure to maintaincomplaint handling procedures.

Failure of any person to maintain complete record of all the complaints which it has received since the date of its last examination.

This record shall indicate the total number of complaints, their classification by line of insurance, the nature of each complaint, the disposition of these complaints, and the time it took to process each complaint.

For purposes of this [subsection] subdivision "complaint" means any written communication primarily expressing a grievance.

(8) Misrepresentation in insurance applications.

Making false or fraudulent statements or representations on or relative to an application for an insurance policy for the purpose of obtaining a fee, commission, money or other benefit from any insurer, producer or individual.

(9) Any violation of any one of sections 38a-358, 38a-446, 38a-447, as amended by this act, 38a-488, 38a-825, 38a-826, 38a-828 and 38a-829.

None of the following practices shall be considered discrimination within the meaning of section 38a-446 or 38a-488 or a rebate within the meaning of section 38a-825:

(A) Paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided any such bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interests of the company and its LCO No.

5651 19 of 45 Committee Bill No.

6 policyholders;

(B) in the case of policies issued on the industrial debit plan, making allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer in an amount which fairly represents the saving in collection expense;

(C) readjustment of the rate of premium for a group insurance policy based on loss or expense experience, or both, at the end of the first or any subsequent policy year, which may be made retroactive for such policy year.

(10) Notwithstanding any provision of any policy of insurance, certificate or service contract, whenever such insurance policy or certificate or service contract provides for reimbursement for any services which may be legally performed by any practitioner of the healing arts licensed to practice in this state, reimbursement under such insurance policy, certificate or service contract shall not be denied because of race, color or creed nor shall any insurer make or permit any unfair discrimination against particular individuals or persons so licensed.

(11) Favored agent or insurer:

Coercion of debtors.

(A) No person may (i) require, as a condition precedent to the lending of money or extension of credit, or any renewal thereof, that the person to whom such money or credit is extended or whose obligation the creditor is to acquire or finance, negotiate any policy or contract of insurance through a particular insurer or group of insurers or producer or group of producers;

(ii) unreasonably disapprove the insurance policy provided by a borrower for the protection of the property securing the credit or lien;

(iii) require directly or indirectly that any borrower, mortgagor, purchaser, insurer or producer pay a separate charge, in connection with the handling of any insurance policy required as security for a loan on real estate or pay a separate charge to substitute the insurance policy of one insurer for that of another;

or (iv) use or disclose information resulting from a requirement that a borrower, mortgagor or purchaser furnish insurance of any kind on real property being conveyed or used as collateral security to a loan, when such information is to the LCO No.

5651 20 of 45 Committee Bill No.6 advantage of the mortgagee, vendor or lender, or is to the detriment of the borrower, mortgagor, purchaser, insurer or the producer complying with such a requirement.

(B) (i) Subparagraph (A)(iii) of this subdivision shall not include the interest which may be charged on premium loans or premium advancements in accordance with the security instrument.

(ii) For purposes of subparagraph (A)(ii) of this subdivision, such disapproval shall be deemed unreasonable if it is not based solely on reasonable standards uniformly applied, relating to the extent of coverage required and the financial soundness and the services of an insurer.

Such standards shall not discriminate against any particular type of insurer, nor shall such standards call for the disapproval of an insurance policy because such policy contains coverage in addition to that required.

(iii) The commissioner may investigate the affairs of any person to whom this subdivision applies to determine whether such person has violated this subdivision.

If a violation of this subdivision is found, the person in violation shall be subject to the same procedures and penalties as are applicable to other provisions of section 38a-815, subsections (b) and (e) of section 38a-817 and this section.

(iv) For purposes of this section, "person" includes any individual, corporation, limited liability company, association, partnership or other legal entity.

(12) Refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or charging an individual a different rate for the same coverage because of physical disability, mental or nervous condition as set forth in section 38a-488a or intellectual disability, except where the refusal, limitation or rate differential is based on sound actuarial principles or is related to actual or reasonably anticipated experience.

(13) Refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or charging an individual a different rate for the same coverage solely because of blindness or partial blindness.

For purposes of this LCO No.

5651 21 of 45 Committee Bill No.

6 subdivision, "refusal to insure" includes the denial by an insurer of disability insurance coverage on the grounds that the policy defines "disability" as being presumed in the event that the insured is blind or partially blind, except that an insurer may exclude from coverage any disability, consisting solely of blindness or partial blindness, when such condition existed at the time the policy was issued.

Any individual who is blind or partially blind shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are sighted persons with respect to all other conditions, including the underlying cause of the blindness or partial blindness.

(14) Refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or charging an individual a different rate for the same coverage because of exposure to diethylstilbestrol through the female parent.

(15) (A) Failure by an insurer, or any other entity responsible for providing payment to a health care provider pursuant to an insurance policy, to pay accident and health claims, including, but not limited to, claims for payment or reimbursement to health care providers, within the time periods set forth in subparagraph (B) of this subdivision, unless the Insurance Commissioner determines that a legitimate dispute exists asto coverage, liability or damagesor that theclaimant has fraudulently caused or contributed to the loss.

Any insurer, or any other entity responsible for providing payment to a health care provider pursuant to an insurance policy, who fails to pay such a claim or request within the time periods set forth in subparagraph (B) of this subdivision shall pay the claimant or health care provider the amount of such claim plus interest at the rate of fifteen per cent per annum, in addition to any other penalties which may be imposed pursuant to sections 38a-11, 38a-25, 38a-41 to 38a-53, inclusive, 38a-57 to 38a-60, inclusive, 38a-62 to 38a-64, inclusive, 38a-76, 38a-83, 38a-84, 38a-117 to 38a-124, inclusive, 38a-129 to 38a-140, inclusive, 38a-146 to 38a-155, inclusive, 38a-283, 38a-288 to 38a-290, inclusive, 38a-319,38a-320,38a-459,38a-464,38a-815to 38a-819, inclusive, 38a-824 to 38a-826, inclusive, and 38a-828 to 38a-830, LCO No.

5651 22 of 45 Committee Bill No.

6 inclusive.

Whenever the interest due a claimant or health care provider pursuant to this section is less than one dollar, the insurer shall deposit such amount in a separate interest-bearing account in which all such amounts shall be deposited.

At the end of each calendar year each such insurer shall donate such amount to The University of Connecticut Health Center.

(B) Each insurer or other entity responsible for providing payment to a health care provider pursuant to an insurance policy subject to this section, shall pay claims not later than:

(i) For claims filed in paper format, sixty days after receipt by the insurer of the claimant's proof of loss form or the health care provider's request for payment filed in accordance with the insurer's practices or procedures, except that when there is a deficiency in the information needed for processing a claim, as determined in accordance with section 38a-477, the insurer shall (I) send written notice to the claimant or health care provider, as the case may be, of all alleged deficiencies in information needed for processing a claim not later than thirty days after the insurer receives a claim for payment or reimbursement under the contract, and (II) pay claims for payment or reimbursement under the contract not later than thirty days after the insurer receives the information requested;

and (ii) For claims filed in electronic format, twenty days after receipt by the insurer of the claimant's proof of loss form or the health care provider's request for payment filed in accordance with the insurer's practices or procedures, except that when there is a deficiency in the information needed for processing a claim, as determined in accordance with section 38a-477, the insurer shall (I) notify the claimant or health care provider, as the case may be, of all alleged deficiencies in information needed for processing a claim not later than ten days after the insurer receives a claim for payment or reimbursement under the contract, and (II) pay claims for payment or reimbursement under the contract not later thantendaysafter theinsurer receivestheinformation LCO No.

5651 23 of 45 Committee Bill No.6 requested.

(C)Asusedinthissubdivision,"healthcareprovider"meansaperson licensed to provide health care services under chapter 368d, chapter 368v, chapters 370 to 373, inclusive, 375 to 383c, inclusive, 384a to 384c, inclusive, or chapter 400j.

(16) Failure to pay, as part of any claim for a damaged motor vehicle under any automobile insurance policy where the vehicle has been declared to be a constructive total loss, an amount equal to the sum of (A) the settlement amount on such vehicle plus, whenever the insurer takes title to such vehicle, (B) an amount determined by multiplying such settlement amount by a percentage equivalent to the current sales tax rate established in section 12-408.

For purposes of this subdivision, "constructive total loss" means the cost to repair or salvage damaged property, or the cost to both repair and salvage such property, equals or exceeds the total value of the property at the time of the loss.

(17) Any violation of section 42-260, by an extended warranty provider subject to the provisions of said section, including, but not limited to:

(A) Failure to include all statements required in subsections (c) and (f) of section 42-260 in an issued extended warranty;

(B) offering an extended warranty without being (i) insured under an adequate extended warranty reimbursement insurance policy or (ii) able to demonstrate that reserves for claims contained in the provider's financial statements are not in excess of one-half the provider's audited net worth;

(C) failure to submit a copy of an issued extended warranty form or a copy of such provider's extended warranty reimbursement policy form to the Insurance Commissioner.

(18) With respect to an insurance company, hospital service corporation, health care center or fraternal benefit society providing individual or group health insurance coverage of the types specified in subdivisions (1), (2), (4), (5), (6), (10), (11) and (12) of section 38a-469, refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or charging an LCO No.

5651 24 of 45 Committee Bill No.6 individual a different rate for the same coverage because such individual has been a victim of [family] domestic violence, as defined in section 17b-112a.

(19) With respect to a property and casualty insurer delivering, issuing for delivery, renewing, amending, continuing or endorsing a property or casualty insurance policy, making any distinction or discrimination against an individual in delivering, issuing for delivery, renewing, amending, continuing, endorsing, offering, withholding, cancelling or setting premiums for such policy, or in the terms of such policy, because the individual has been a victim of domestic violence, as defined in section 17b-112a.

[(19)] (20) With respect to an insurance company, hospital service corporation, health care center or fraternal benefit society providing individual or group health insurance coverage of the types specified in subdivisions (1), (2), (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or charging an individual a different rate for the same coverage because of genetic information.

Genetic information indicating a predisposition to a disease or condition shall not be deemed a preexisting condition in the absence ofa diagnosis ofsuchdisease or conditionthat isbasedon other medical information.

An insurance company, hospital service corporation, health care center or fraternal benefit society providing individual health coverage of the types specified in subdivisions (1), (2), (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, shall not be prohibited from refusing to insure or applying a preexisting condition limitation,to theextentpermittedby law,to anindividual who has been diagnosed with a disease or condition based on medical information other than genetic information and has exhibited symptoms of such disease or condition.

For the purposes of this [subsection] subdivision, "genetic information" means the information about genes, gene products or inherited characteristics that may derive from an individual or family member.

LCO No.

5651 25 of 45 Committee Bill No.6 [(20)] (21) Any violation of sections 38a-465 to 38a-465q, inclusive, as amended by this act.

[(21)] (22) With respect to a managed care organization, as defined in section 38a-478, failing to establish a confidentiality procedure for medical record information, as required by section 38a-999.

[(22)] (23) Any violation of sections 38a-591d to 38a-591f, inclusive.

[(23)] (24) Any violation of section 38a-472j.

Sec.

10.

Section 38a-447 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

No life insurance company doing business in this state may:

(1) Make any distinction or discrimination between persons on the basis of race or status as a victim of domestic violence, as to the premiums or rates charged for policies upon the lives of such persons;

(2) demand or require greater premiums from persons of one race than such as are at that time required by that company from persons of another race, or from persons who have been victims of domestic violence than such as are at that time required by that company from persons who have not been victims of domestic violence, of the same age, sex, general condition of health and hope of longevity;

or (3) make or require any rebate, diminution or discount on the basis of race, or status as a victim of domestic violence, upon the sum to be paid on any policy in case of the death of any person insured, nor insert in the policy any condition, nor make any stipulation whereby such person insured shall bind [himself,his] suchperson,suchperson's heirs, executors,administrators or assigns to accept any sum less than the full value or amount of such policy, in case of a claim accruing thereon by reason of the death of such person insured, other than such as are imposed upon all persons in similar cases;

and each such stipulationor conditionso madeor inserted shall be void.

For the purposes of this section, "victim of domestic violence" has the same meaning as provided in section 17b-112a.

LCO No.

5651 26 of 45 Committee Bill No.6 Sec.

11.

Section 38a-465 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

As used in sections 38a-465 to 38a-465q, inclusive, and subdivision [(20)] (21) of section 38a-816, as amended by this act:

(1) "Advertisement" means any written, electronic or printed communication or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet or similar communicationsmedia,including,butnotlimitedto,filmstrips,motion pictures and videos, published, disseminated, circulated or placed before the public, directly or indirectly, for the purpose of creating an interest in or inducing a person to purchase or sell, assign, devise, bequest or transfer the death benefit or ownership of a life insurance policy or an interest in a life insurance policy pursuant to a life settlement contract.

(2) "Broker" means a person who, on behalf of an owner and for a fee, commission or other valuable consideration, offers or attempts to negotiate life settlement contracts between an owner and one or more providers.

"Broker" does not include an attorney, certified public accountant or financial planner accredited by a nationally recognized accreditation agency retained to represent the owner, whose compensation is not paid directly or indirectly by a provider or any other person except the owner.

(3) "Business of life settlements" means an activity involved in, but not limited to, offering to enter into, soliciting, negotiating, procuring, effectuating, monitoring or tracking of life settlement contracts.

(4) "Chronically ill" means:

(A) Being unable to perform at least two activities of daily living, including, but not limited to, eating, toileting, transferring, bathing, dressing or continence;

(B) requiring substantial supervision to protect from threats to health and safety due to severe cognitive impairment;

or (C) having a level of disability similar to that described in subparagraph (A) of this subdivision as determined by the LCO No.

5651 27 of 45 Committee Bill No.6 federal Secretary of Health and Human Services.

(5) "Commissioner" means the Insurance Commissioner.

(6) (A) "Financing entity" means an underwriter, placement agent, lender, purchaser of securities, purchaser of a policy or certificate from a provider, credit enhancer, or any entity that has a direct ownership in a policy or certificate that is the subject of a life settlement contract:

(i) Whose principal activity related to the transaction is providing funds to effect the life settlement contract or purchase of one or more policies;

and (ii) Who has an agreement in writing with one or more providers to finance the acquisition of life settlement contracts.

(B) "Financing entity" does not include a nonaccredited investor or a purchaser.

(7) "Financing transaction" means any transaction in which a provider obtains financing from a financing entity, including, but not limited to, any secured or unsecured financing, any securitization transaction or any securities offering which is registered or exempt from registration under federal or state securities law.

(8) "Insured" means the person covered under the policy being considered for sale in a life settlement contract.

(9) "Life expectancy" means the arithmetic mean of the number of months the insured under the life insurance policy to be settled can be expected to live as determined by a life expectancy company, life settlement company or investor considering medical records and experiential data.

(10) "Life insurance producer" means any person licensed in this state as a resident or nonresident insurance producer who has received qualification or authority for life insurance coverage or a life line LCO No.

5651 28 of 45 Committee Bill No.

6 coverage pursuant to chapter 702.

(11) (A) "Life settlement contract" means:

(i) A written agreement entered into between a provider and an owner, establishing the terms under which compensation or anything of value will be paid, which compensation or thing of value is less than theexpected deathbenefit oftheinsurance policy or certificate, inreturn for the owner's assignment, transfer, sale, devise or bequest of the death benefit or any portion of an insurance policy or certificate of insurance for compensation, provided the minimum value for a life settlement contract shall be greater than a cash surrender value or accelerated death benefit available at the time of an application for a life settlement contract;

(ii) The transfer for compensation or value of ownership or beneficial interest in a trust, or other entity that owns such policy, if the trust or other entity was formed or availed of for the principal purpose of acquiring one or more life insurance contracts, which life insurance contract insures the life of a person residing in this state;

(iii) A written agreement for a loan or other lending transaction, secured primarily by an individual or group life insurance policy;

or (iv) A premium finance loan made for a policy on or before the date of issuance of the policy where (I) the loan proceeds are not used solely to pay premiums for the policy and any costs or expenses incurred by the lender or the borrower in connection with the financing, (II) the owner receives, on the date of the premium finance loan, a guarantee of the future life settlement value of the policy, or (III) the owner agrees on the date of the premium finance loan to sell the policy, or any portion of its death benefit, on any date following the issuance of the policy.

(B) "Life settlement contract" does not include:

(i) A policy loan by a life insurance company pursuant to the terms of the life insurance policy or accelerated death provisions contained in LCO No.

5651 29 of 45 Committee Bill No.6 the life insurance policy, whether issued with the original policy or as a rider;

(ii) A premium finance loan, as defined in subparagraph (A)(iv) of this subdivision, or any loan made by a bank or other licensed financial institution, provided neither default on such loan or the transfer of the policy, in connection with such default, is pursuant to an agreement or understanding with any other person for the purpose of evading regulation under this part;

(iii) A collateral assignment of a life insurance policy by an owner;

(iv) A loan made by a lender that does not violate sections 38a-162 to 38a-170, inclusive, provided such loan is not described in subparagraph (A) of this subdivision and is not otherwise within the definition of life settlement contract;

(v) An agreement where all the parties are closely related to the insured by blood or law or have a lawful substantial economic interest in the continued life, health and bodily safety of the person insured, or are trusts established primarily for the benefit of such parties;

(vi) Any designation, consent or agreement by an insured who is an employee of an employer in connection with the purchase by the employer, or trust established by the employer, of life insurance on the life of the employee;

(vii) A bona fide business succession planning arrangement:

(I) Between one or more shareholders in a corporation or between a corporation and one or more of its shareholders or one or more trusts established by its shareholders;

(II) between one or more partners in a partnership or between a partnership and one or more of its partners or one or more trusts established by its partners;

or (III) between one or more members in a limited liability company or between a limited liability company and one or more of its members or one or more trusts established by its members;

LCO No.

5651 30 of 45 Committee Bill No.6 (viii) An agreement entered into by a service recipient or a trust established by the service recipient, and a service provider or a trust established by the service provider, that performs significant services for the service recipient's trade or business;

or (ix) Any other contract, transaction or arrangement from the definition of life settlement contract that the commissioner determines is not of the type intended to be regulated by this part.

(12) "Net death benefit" means the amount of the life insurance policy or certificate to be settled less any outstanding debts or liens.

(13) "Owner" means the owner of a life insurance policy or a certificate holder under a group policy, with or without a terminal illness, who enters or seeks to enter into a life settlement contract.

For the purposes of this part, an owner shall not be limited to an owner of a life insurance policy or a certificate holder under a group policy that insures the life of an individual with a terminal or chronic illness or condition, except where specifically addressed.

"Owner" does not include:

(A) Any provider or other licensee under this part;

(B) a qualified institutional buyer, as defined in Rule 144A of the federal Securities Act of 1933, as amended from time to time;

(C) a financing entity;

(D) a special purpose entity;

or (E) a related provider trust.

(14) "Patient identifying information" means an insured's address, telephone number, facsimile number, electronic mail address, photograph or likeness, employer, employment status, Social Security number or any other information that is likely to lead to the identification of the insured.

(15) "Person" means a natural person or a legal entity, including, but not limited to, an individual, partnership, limited liability company, association, trust or corporation.

(16) "Policy" means an individual or group policy, group certificate, contract or arrangement of life insurance owned by a resident of this LCO No.

5651 31 of 45 Committee Bill No.6 state, regardless of whether delivered or issued for delivery in this state.

(17) "Premium finance loan" means a loan made primarily for the purposes of making premium payments on a life insurance policy, which loan is secured by an interest in such life insurance policy.

(18) "Provider" means a person, other than an owner, who enters into or effectuates a life settlement contract with an owner.

"Provider" does not include:

(A) Any bank, savings bank, savings and loan association or credit union;

(B) A licensed lending institution, creditor or secured party pursuant to a premium finance loan agreement that takes an assignment of a life insurance policy or certificate issued pursuant to a group life insurance policy as collateral for a loan;

(C) The insurer of a life insurance policy or rider providing accelerated death benefits or riders pursuant to section 38a-457 or cash surrender value;

(D) A natural person who enters into or effectuates no more than one agreement in a calendar year for the transfer of a life insurance policy or certificate issued pursuant to a group life insurance policy, for compensation or any value less than the expected death benefit payable under the policy;

(E) A purchaser;

(F) An authorized or eligible insurer that provides stop loss coverage to a provider, purchaser, financing entity, special purpose entity or related provider trust;

(G) A financing entity;

(H) A special purpose entity;

LCO No.

5651 32 of 45 Committee Bill No.

6 (I) A related provider trust;

(J) A broker;

or (K) An accredited investor or a qualified institutional buyer, as defined in Rule 501 of Regulation D or Rule 144A, respectively, of the federal Securities Act of 1933, as amended from time to time, who purchases a life settlement policy from a provider.

(19) "Purchased policy" means a policy or group certificate that has been acquired by a provider pursuant to a life settlement contract.

(20) "Purchaser" means a person who pays compensation or anything of value as consideration for a beneficial interest in a trust that is vested with, or for the assignment, transfer or sale of, an ownership or other interest in a life insurance policy or a certificate issued pursuant to a grouplifeinsurancepolicythatisthesubjectofalifesettlementcontract.

(21) "Related provider trust" means a titling trust or other trust established by a licensed provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction.

(22) "Settled policy" means a life insurance policy or certificate that has been acquired by a provider pursuant to a life settlement contract.

(23) "Special purpose entity" means a corporation, partnership, trust, limited liability company or other similar entity formed solely to provide, either directly or indirectly, access to institutional capital markets (A) for a financing entity or provider, (B) in connection with a transaction in which the securities in the special purpose entity are acquired by the owner or by a qualified institutional buyer, as defined in Rule 144A of the federal Securities Act of 1933, as amended from time to time, or (C) the securities pay a fixed rate of return commensurate with established asset-backed institutional capital markets.

(24) "Stranger-originated life insurance" means an act, practice or LCO No.

5651 33 of 45 Committee Bill No.6 arrangement to initiate a life insurance policy for the benefit of a third- party investor who, at the time of policy origination, has no insurable interest in the insured.

Such practices include, but are not limited to, cases in which life insurance is purchased with resources or guarantees from or through a person or entity, who, at the time of policy inception, could not lawfully initiate the policy himself or itself, and where, at the time of inception, there is an arrangement or agreement, whether verbal or written, to directly or indirectly transfer the ownership of the policy or the policy benefits to a third-party.

Trusts created to give the appearance of insurable interest and used to initiate policies for investors violate insurable interest laws and the prohibition against wagering on life.

Stranger-originated life insurance arrangements do not include those practices set forth in subparagraph (B) of subdivision (11) of this section.

(25) "Terminally ill" means having an illness or sickness that can reasonably be expected to result in death in twenty-four months or less.

Sec.

12.

(NEW) (Effective from passage) (a) There is established a grant program to provide individuals who are indigent with access to legal assistance when making an application for a restraining order under section 46b-15 of the general statutes, as amended by this act.

The program shall be administered by the organization that administers the program for the use of interest earned on lawyers' clients' funds accounts pursuant to section 51-81c of the general statutes.

(b) Not later than three months after receiving funding in any year pursuant to section 13 of this act, the organization administering the program shall issue a request for proposals from nonprofit entities whose principal purpose is providing legal services to individuals who are indigent, for the purpose of awarding grants to provide counsel to indigent individuals who express an interest in applying for a restraining order pursuant to section 46b-15 of the general statutes, as amended by this act, and, to the extent practicable within the funding awarded, representing such individuals throughout the process of LCO No.

5651 34 of 45 Committee Bill No.6 applying for suchrestraining order,including at prehearing conferences and at the hearing on an application.

A nonprofit entity responding to the request for proposals may partner with law schools or other non- profit entities or publicly funded organizations that are not governmental entities, for the provision of services pursuant to a grant.

Each response to the request for proposals shall specify the judicial district courthouse, or courthouses, for which services will be provided.

(c) The organization administering the program may only award a grant (1) to provide services in the judicial districts of Bridgeport, Hartford, New Haven, Stamford or Waterbury, and (2) in an amount not to exceed two hundred thousand dollars, except that a grant to provide services in the judicial district with the highest average number of applications for restraining orders under section 46b-15 of the general statutes,asamendedby thisact,overthepreviousthree fiscalyears may receive a grant of not more than four hundred thousand dollars.

Grants may not beused to provideservicesto individualswho are not indigent.

(d) The organization administering the program may only award a grant to a nonprofit entity whose principal purpose is providing legal services to individuals who are indigent, if such nonprofit entity demonstrates the ability to:

(1) Verify at the time of meeting with an individual that such potential client is indigent and meets applicable household income eligibility requirements set by the entity;

(2) Arrange for at least one individual who has the relevant training or experience and is authorized to provide legal counsel to individuals who express an interest in applying for a restraining order, to be present in the courthouse or courthouses identified in response to the request for proposals during all business hours;

(3) Provide continued representation to individuals throughout the restraining order process, including in court for the hearing on the restraining order, to the greatest extent practicable within the funding LCO No.

5651 35 of 45 Committee Bill No.6 awarded and if requested to do so by an individual after providing assistance with a restraining order application;

(4) Provide any individual in the courthouse who expresses an interest in applying for a restraining order with all applicable forms that may be necessary to apply for a restraining order;

and (5) Track and report to the organization administering the program on the services provided pursuant to the program, including (A) the procedural outcomes of restraining order applications filed, (B) the numberofinstanceswherelegalcounselwas providedpriortothefiling of an application but not during the remainder of the restraining order process, and the reasons causing the duration of such representation, and (C) information on any other legal representation provided to individuals pursuant to the program on matters that were ancillary to the circumstances that supported the application for a restraining order.

(e) In awarding grants, the organization administering the program shallgivepreferencetononprofitentities(1)thatdemonstratetheability to provide legal representation to clients regarding matters ancillary to the circumstances that supported the application for a restraining order;

(2) with experience offering legal representation to individuals during the restraining order process;

or (3) that can provide quality remote services should courthouses be closed to the public.

(f) The Chief Court Administrator shall (1) provide each grant recipient with office space in the judicial district courthouse or courthouses served by such recipient under the grant program to conduct intake interviews and assist clients with applications for restrainingorders,and(2)requirecourtclerksatsuchcourthouses,prior to accepting an application for a restraining order pursuant to section 46b-15 of the general statutes, as amended by this act, to inform each individual filing such application, or inquiring about filing such an application, that pro bono legal services are available from the grant recipient for income-eligible individuals and where the grant recipient is located in the courthouse.

LCO No.

5651 36 of 45 Committee Bill No.6 (g) The Chief Court Administrator shall post on the Internet web site of the Judicial Branch where instructions for filing a restraining order pursuant to section 46b-15 of the general statutes, as amended by this act, are provided, information on the pro bono legal services available from grant recipients for income-eligible individuals at the applicable courthouses.

(h) For each year that funding is provided for the program under this section, the organization administering the program shall either conduct, or partner with an academic institution or other qualified entity for the purpose of conducting, an analysis of the impact of the program, including, but not limited to, (1) the procedural outcomes for applications filed in association with services provided by grant recipients under the program, (2) the types and extent of legal services provided to individuals served pursuant to the program, including on matters ancillary to the restraining order application, and (3) the number of cases where legal services were provided before an application was filed but legal representation did not continue during the restraining order process and the reasons for such limited representations.

Not later than July first of the year following any year in which the program received funding, the organization administering the program shall submit a report on the results of such analysis in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

Sec.

13.

(NEW) (Effective from passage) During each of the fiscal years ending June 30, 2022, and June 30, 2023, the Attorney General, utilizing transfer invoices, shall remit one million two hundred fifty thousand dollars to the organization administering the program established pursuant to section 12 of this act, from moneys received by the Office of the Attorney General in connection with the settlement of any lawsuit to which the state is a party.

Such remittal in the fiscal year ending June 30, 2023, shall occur no later than one year following the date of the remittal in the previous fiscal year.

Moneys remitted to the organization LCO No.

5651 37 of 45 Committee Bill No.6 pursuant to this section shall be used for purposes of the program established in section 12 of this act.

Up to five per cent of the total amount received by such organization may be used for the reasonable costs of administering the program, including the completion of the analysis and report required by subsection (h) of section 12 of this act.

Sec.

14.

Section 54-64a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

(a) (1) Except as provided in subdivision (2) of this subsection and subsection (b) of this section, when any arrested person is presented before the Superior Court, said court shall, in bailable offenses, promptly order therelease ofsuch personuponthefirst ofthe following conditions of release found sufficient to reasonably ensure the appearance of the arrested person in court:

(A) Upon execution of a written promise to appear without special conditions, (B) upon execution of a written promise to appear with nonfinancial conditions, (C) upon execution of a bond without surety in no greater amount than necessary, (D) upon execution of a bond with surety in no greater amount than necessary, but in no event shall a judge prohibit a bond from being posted by surety.

In addition to or in conjunction with any of the conditions enumerated in subparagraphs (A) to (D), inclusive, of this subdivision the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment.

The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.

(2) If the arrested person is charged with no offense other than a misdemeanor, the court shall not impose financial conditions of release on the person unless (A) the person is charged with a family violence crime, as defined in section 46b-38a, as amended by this act, or a violation of section 53a-222a when the condition of release was issued for a family violence crime, or (B) the person requests such financial LCO No.

5651 38 of 45 Committee Bill No.

6 conditions, or (C) the court makes a finding on the record that there is a likely risk that (i) the arrested person will fail to appear in court, as required, or (ii) the arrested person will obstruct or attempt to obstruct justice, or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, or (iii) the arrested person will engage in conduct that threatens the safety of himself or herself or another person.

In making a finding described in this subsection, the court may consider past criminal history, including any prior record of failing to appear as required in court that resulted in any conviction for a violation of section 53a-172 or any conviction during the previous ten years for a violation of section 53a-173 and any other pending criminal cases of the person charged with a misdemeanor.

(3) The court may, in determining what conditions of release will reasonably ensure the appearance of the arrested person in court, consider the following factors:

(A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearance in court, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, [and] (G) such person's community ties, and (H) in cases of a violation of section 53a-222a when the condition of release was issued for a family violence crime, as defined in section 46b-38a, as amended by this act, the heightened risk posed to alleged victims of family violence by violations of conditions of release.

(b) (1) When any arrested person charged with the commission of (A) a class A felony, (B) a class B felony, except a violation of section 53a-86 or 53a-122, (C) a class C felony, except a violation of (i) section 53a-87, 53a-152 or 53a-153, or (ii) section 53a-222, 53a-223, 53a-223a or 53a-223b when the condition of release or court order was issued for an act of family violence or a family violence crime, as defined in section 46b-38a, as amended by this act, or (D) a class D felony under (i) sections 53a-60 to 53a-60c, inclusive, (ii) section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a- 114, 53a-136 or 53a-216, or (iii) section 53a-222, 53a-222a, 53a-223, 53a- LCO No.

5651 39 of 45 Committee Bill No.6 223a or 53a-223bwhentheconditionofreleaseor court order wasissued for an act of family violence or a family violence crime, or (iv) a family violence crime, [as defined in section 46b-38a,] is presented before the Superior Court, said court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered:

[(A)] (I) Upon such person's execution of a written promise to appear without special conditions, [(B)] (II) upon such person's execution of a written promise to appear with nonfinancial conditions, [(C)] (III) upon such person's execution of a bond without surety in no greater amount than necessary, [(D)] (IV) upon such person's execution of a bond with surety in no greater amount than necessary, but in no event shall a judge prohibit a bond from being posted by surety.

In addition to or in conjunction with any of the conditions enumerated in subparagraphs [(A) to] (D)(I) to (D)(IV), inclusive, of this subdivision, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment.

The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.

(2) The court may, in determining what conditions of release will reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered, consider the following factors:

(A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearance in court after being admitted to bail, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, (G) such person's community ties, (H) the number and seriousness of charges pending against the arrested person, (I) the weight of the evidence against the arrested person, (J) the arrested person's history of violence, (K) whether the arrested person has previously been convicted of LCO No.

5651 40 of 45 Committee Bill No.6 similar offenses while released on bond, [and] (L) the likelihood based upon the expressed intention of the arrested person that such person willcommit another crime whilereleased,and(M)incasesofaviolation of section 53a-222, 53a-222a, 53a-223, 53a-223a or 53a-223b when the condition of release or court order was issued for an act of family violence or a family violence crime, as defined in section 46b-38a, as amended by this act, the heightened risk posed to alleged victims of family violence by violations of conditions of release or court orders of protection.

(3) When imposing conditions of release under this subsection, the court shall state for the record any factors under subdivision (2) of this subsection that it considered and the findings that it made as to the danger, if any, that the arrested person might pose to the safety of any other person upon the arrested person's release that caused the court to impose the specific conditions of release that it imposed.

(c) If the court determines that a nonfinancial condition of release should be imposed pursuant to subparagraph (B) of subdivision (1) of subsection (a) or (b) of this section, the court shall order the pretrial release of the person subject to the least restrictive condition or combination of conditions that the court determines will reasonably ensure the appearance of the arrested person in court and, with respect to the release of the person pursuant to subsection (b) of this section, that the safety of any other person will not be endangered, which conditionsmay include anorderthatthearrestedpersondo oneormore of the following:

(1) Remain under the supervision of a designated person or organization;

(2) comply with specified restrictions on such person's travel, association or place of abode;

(3) not engage in specified activities, including the use or possession of a dangerous weapon, an intoxicant or a controlled substance;

(4) provide sureties of the peace pursuant to section 54-56f under supervision of a designated bail commissioner or intake, assessment and referral specialist employed by the Judicial Branch;

(5) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the LCO No.

5651 41 of 45 Committee Bill No.6 offense;

(6) maintain employment or, if unemployed, actively seek employment;

(7) maintain or commence an educational program;

(8) be subject to electronic monitoring;

or (9) satisfy any other condition that is reasonably necessary to ensure the appearance of the person in court andthatthesafetyofanyotherpersonwillnotbeendangered.Thecourt shall state on the record its reasons for imposing any such nonfinancial condition.

(d) If the arrested person is not released, the court shall order him committed to the custody of the Commissioner of Correction until he is released or discharged in due course of law.

(e) The court may require that the person subject to electronic monitoring pursuant to subsection (c) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services.

If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, the court shall waive such costs.

Any contract entered into by the Judicial Branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed five dollars per day.

Such amount shall be indexed annually to reflect the rate of inflation.

Sec.

15.

Subsection (a) of section 53a-181j of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):

(a) A person is guilty of intimidation based on bigotry or bias in the first degree when such person maliciously, and with specific intent to intimidate or harass another person [because of] motivated in whole or in substantial part by the actual or perceived race, religion, ethnicity, disability, sex, sexual orientation or gender identity or expression of such other person, causes physical injury to such other person or to a third person.

LCO No.

5651 42 of 45 Committee Bill No.

6 Sec.

16.

Subsection (a) of section 53a-181k of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):

(a) A person is guilty of intimidation based on bigotry or bias in the second degree when such person maliciously, and with specific intent to intimidate or harass another person or group of persons [because of] motivated inwhole or insubstantialpart by the actualor perceivedrace, religion, ethnicity, disability, sex, sexual orientation or gender identity or expression of such other person or group of persons, does any of the following:

(1) Causes physical contact with such other person or group of persons, (2) damages, destroys or defaces any real or personal property of such other person or group of persons, or (3) threatens, by word or act, to do an act described in subdivision (1) or (2) of this subsection, if there is reasonable cause to believe that an act described in subdivision (1) or (2) of this subsection will occur.

Sec.

17.

Subsection (a) of section 53a-181l of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):

(a) A person is guilty of intimidation based on bigotry or bias in the third degree when such person, with specific intent to intimidate or harass another person or group of persons [because of] motivated in whole or in substantial part by the actual or perceived race, religion, ethnicity, disability, sex, sexual orientation or gender identity or expression of such other person or persons:

(1) Damages, destroys or defaces any real or personal property, or (2) threatens, by word or act, to do an act described in subdivision (1) of this subsection or advocates or urges another person to do an act described in subdivision (1) of this subsection, if there is reasonable cause to believe that an act described in said subdivision will occur.

This act shall take effect as follows and shall amend the following sections:

LCO No.

5651 43 of 45 Committee Bill No.

6 Section 1 October 1, 2021 46b-15 Sec.

2 October 1, 2021 51-27h Sec.

3 October 1, 2021 51-27i Sec.

4 October 1, 2021 46b-38a(3) Sec.

5 July 1, 2021 46b-38b(g)(5) Sec.

6 July 1, 2021 17b-105a Sec.

7 July 1, 2021 17b-749(b) and (c) Sec.

8 July 1, 2021 17b-191(c) Sec.

9 October 1, 2021 38a-816 Sec.

10 October 1, 2021 38a-447 Sec.

11 October 1, 2021 38a-465 from passage Sec.

12 New section Sec.

13 from passage New section Sec.

14 October 1, 2021 54-64a Sec.

15 October 1, 2021 53a-181j(a) Sec.

16 October 1, 2021 53a-181k(a) Sec.

17 October 1, 2021 53a-181l(a) Statement of Purpose:

To make various changes relating to (1) restraining orders, (2) family violence victim advocates, (3) cash bonds, (4) U Nonimmigrant Status, (5) social services for domestic violence victims, (6) insurance discrimination, (7) counselfor peopleseeking restraining orders, and (8) crimes based on bigotry or bias.

[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.] Co-Sponsors:

LOONEY, 1111th Dist.Dist.;

DAUGHERTYDUFF, ABRAMS,25th 13Dist. Dist.th SEN.

DUFF, 25 Dist.

CABRERA,MCCRORY, 172nd Dist.Dist.;

nd nd SEN.

MCCRORY, 2 Dist.

MOORE,ANWAR, 223rd Dist.

ANWAR,CASSANO, 34th Dist.Dist.;

KUSHNER,SLAP, 245th Dist.

CASSANO,LESSER, 49th Dist.Dist.;

HASKELL,WINFIELD, 2610th Dist.

th th SEN.

SLAP, 5 Dist.

FLEXER,DAUGHERTY 29ABRAMS, Dist.13th Dist.;

LESSER,CABRERA, 917th Dist.

KASSER,MOORE, 3622nd Dist.Dist.;

WINFIELD,KUSHNER, 1024th Dist.

BRADLEY,HASKELL, 2326th Dist.Dist.;

ANSEN. ACT CONCERNING CRIMINAL JUSTICE REFORM, COMPASSIONATE RELEASE AND DOMESTIC VIOLENCE POLICIES.

BeFLEXER, it29th enactedDist. by the Senate and House of Representatives in General Assembly convened:

ThatSEN. the general statutes be amended to improve the criminal justice system, protect incarcerated individuals from unnecessary death, and protect domestic violence victims in abusive relationships from coercive control from their abusers.

StatementKASSER, of36th Purpose:Dist.;

ToSEN. improve the criminal justice system, protect incarcerated individuals from unnecessary death, and protect domestic violence victims in abusive relationships from coercive control from their abusers.

BRADLEY, 23rd Dist.

REP.

MICHEL, 146th Dist.;

REP.

CONLEY, 40th Dist.

REP.

PALM, 36th Dist.;

REP.

SIMMS, 140th Dist.

REP.

PHIPPS, 100th Dist.;