SB 1091 — AN ACT CONCERNING THE DEFINITION OF DOMESTIC VIOLENCE, REVISING STATUTES CONCERNING DOMESTIC VIOLENCE, CHILD CUSTODY, FAMILY RELATIONS MATTER FILINGS AND BIGOTRY OR BIAS CRIMES AND CREATING A PROGRAM TO PROVIDE LEGAL COUNSEL TO INDIGENTS IN RESTRAINING ORDER CASES.

(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 LCOfollowing: {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0106 of 52 R02-SB.docx } Substitute Bill No.

1091 following:

(e) At the hearing on any application under this section, if the court grants relief pursuant to subsection (b) of this section and the applicant and respondent are spouses, or persons who have a dependent child or children in common and who live together, and if necessary to maintain the safety and basic needs of the applicant or the dependent child or children in common of the applicant and respondent, any orders entered by the court may include, in addition to the orders authorized underPublic subsectionAct (b)No. of this section, any of the following:

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1091 under subsection (b) of this section, any of the following:

LCO(A) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0107Make rent or mortgage payments on the family dwelling or the dwelling of 52the R02-SB.docxapplicant }and Substitutethe Billdependent No.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.

1091 (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.

Any amounts not paid or collected under this subsection or subsectionPublic (d)Act ofNo. this section may be preserved and collectible in an action for dissolution of marriage, custody, paternity or support.

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1091 subsection (d) of this section may be preserved and collectible in an action for dissolution of marriage, custody, paternity or support.

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 criminaltrespassinthefirstdegree.Thisisacriminaloffensepunishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars or both.";

Additionally, any LCOviolation {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01098of subparagraph (C) or (D) of 52subdivision R02-SB.docx(2) }of Substitutesubsection Bill(a) No.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.".

1091 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.".

"If a restraining order has been issued on your behalf or on behalfofyourbehalf child,youmayof electyour togivetestimonychild, orappearyou inacourtmay proceedingelect remotely, pursuant to sectiongive 46b-15c,testimony asor amendedappear byin thisa act,family ifcourt youproceeding provideremotely, noticepursuant to thesection court46b-15c. in advance.

Please notify the court in writing at least two days in advance of a proceeding if you choose to give testimony or appear remotely, and your physical presence in the courthouse will not be required in order to participate in the court proceeding.".

If the respondent has not appearedPublic uponAct theNo. 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)21-78 (1)8 The applicant shall cause notice of the41 hearingSubstitute pursuantSenate toBill subsectionNo. (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 thehearing.

A1091 properappeared officerupon responsiblethe forinitial executingapplication, suchserviceservice shallof accepta allmotion documentsto inextend an electronicorder format,may ifbe presentedmade by first-class mail directed to suchthe officerrespondent inat suchthe format.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 and of any ex parte order issued pursuant to subsection(b)ofthissectiontobeservedontherespondent not lessthan three days before the hearing.

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

(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 LCOor {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010919possesses 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 52the R02-SB.docxapplication, }the Substituteapplicant's Billaffidavit, No.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.

1091 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 the granting of anPublic orderAct afterNo. notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent.

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1091 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.

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 systemthedate, time andmethodand method ofservice.

If,priortothedate LCOof {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010910the ofscheduled 52hearing, R02-SB.docxservice }has Substitutenot Billbeen No.executed, the proper officer shall input into such service tracking system that service was unsuccessful.

1091 of the scheduled hearing, service has not been executed, the proper officer shall input into such service tracking system that service was unsuccessful.

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 sectionPublic 10a-156b,Act ifNo. 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.

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1091 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.

LCO(k) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0111An ofaction 52under R02-SB.docxthis }section Substituteshall Billnot No.preclude the applicant from seeking any other civil or criminal relief.

1091 (k) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief.

(a) In any court proceeding in a family relations matter, as defined in section 46b-1, as amended by this act, the court [may, within available resources] shall, upon [motion] the written request of a party or the attorney for any party, order that the testimony of a party ormade anot childless whothan istwo adays subjectprior of the proceeding be taken outside the physical presence of any other party if a protective order, restraining order or standing criminal protective order has been issued on behalf of the party or child, and the other party is subject to thesuch protectiveproceeding,orderthatthetestimonyofapartyorachildwhoisasubject order,Public restrainingAct orderNo. or standing criminal protective order.

Such21-78 order11 may provide for the use of alternative41 meansSubstitute toSenate obtainBill theNo. testimony of any party or child, including, but not limited to, the use of a secure video connection for the purpose of conducting hearings by videoconference.

1091 of the proceeding be taken outside the physical presence of any other party if a protective order, restraining order or standing criminal protective order has been issued on behalf of the party or child, and the other party is subject to the protective order, restraining order or standing criminal protective order.

Such order may provide for the use of alternative means to obtain the testimony of any party or child, including, but not limited to,the use of a secure video connection for the purpose of conducting hearings by videoconference.

(d) A notice describing the provisions of subsection (a) of this section LCOshall {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010912be (1) posted on the Internet web site of 52the R02-SB.docxJudicial }Branch, Substitute(2) Billincluded No.in any written or electronic form that describes the automatic orders in cases involving a dissolution of marriage or legal separation under section 46b-40, and (3) included in any written or electronic form provided to a person who receives a protective order under section 46b- 38c, as amended by this act, a standing criminal protective order under section 54a-40e, as amended by this act, or a restraining order, under section 46b-15, as amended by this act.

1091 shall be (1) posted on the Internet web site of the Judicial Branch, (2) included in any written or electronic form that describes the automatic orders in cases involving a dissolution of marriage or legal separation under section 46b-40, and (3) included in any written or electronic form provided to a person who applies for and receives a protective order under section 46b-38c, as amended by this act, or a restraining order, under section 46b-15, as amended by this act.

Subdivision (3) of section 46b-38a of the general statutes is repealed andthefollowingand issubstitutedthe inlieuthereof(EffectiveOctoberfollowing is substituted in lieu thereof (Effective July 1, 2021):

(3)Public "FamilyAct violenceNo. 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.

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1091 (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.

As LCOused {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0113in this subparagraph, "expeditiously" means not later than sixty days after the date of 52receipt R02-SB.docxof }the Substituterequest Billfor No.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.

1091(B) usedBy insigning thisa 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 dateofficer ofor receiptagency of such request if (I) the victim is inPublic federalAct immigrationNo. 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.

(B)21-78 By13 signing a certification of helpfulness,41 theSubstitute officerSenate orBill agencyNo. is not making a determination of eligibility for U Nonimmigrant Status.

1091 not making a determination of eligibility for U Nonimmigrant Status.

(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 failedorfailed or refusedto providereasonably requested informationor assistance.

A protective order issued under this section may include provisions necessary to protect any animal owned or kept by the victim including, but not LCOlimitedto,anorderenjoiningthedefendantfrominjuringorthreatening {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01014to ofinjure 52such R02-SB.docxanimal. } Substitute Bill No.

1091 limitedto,anorderenjoiningthedefendantfrominjuringorthreatening to injure such animal.

Additionally,Public inAct accordanceNo. 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 which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both.

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1091 Additionally, 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 which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both.

(2) Each person who requests and receives an order of the court in accordance with this subsection shall be given a notice that contains the followinglanguage:"Ifaprotectiveorderhasbeenissuedonyourbehalffollowing orlanguage: on behalf of your child, you may elect to give testimony or appear in a court proceeding remotely, pursuant to section 46b-15c, as amended by this act, if you provide notice to the court in advance.

Please"If notifya theprotective courtorder inhas writingbeen ifissued youon chooseyour tobehalf give testimony or appearon remotely,behalf andof your physicalchild, presenceyou inmay theelect courthouseto willgive nottestimony beor requiredappear in ordera tofamily participatecourt inproceeding theremotely, courtpursuant proceeding.".to section 46b-15c.

Please notify the court in writing at least two days in advance of a proceeding if you choose to give testimony or appear remotely, and your physical presence in the courthouse will not be required in order to participate in the court proceeding.".

Section 53a-40e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

(a) If any person is convicted of (1) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70c, 53a- 71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183,subdivision(2)ofsubsection(a)ofsection53a-192a,section53a- Public Act No.

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1091 223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said sections or section 53a-54a, or (2) any crime that the court determines constitutes a family violence crime, as defined in section 46b-38a, as amendedbythisact,orattemptorconspiracytocommitanysuchcrime, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a or 53a-36, if the court is of the opinion that the history and character and the nature and circumstances of the criminal conduct of such offender indicate that a standing criminal protective order will best serve the interest of the victim and the public, issue a standing criminal protective order which shall remain in effect for a duration specified by the court until modified or revoked by the court for good cause shown.

If any person is convicted of any crime not specified in subdivision (1) or (2) of this subsection, the court may, for good cause shown, issue a standing criminal protective order pursuant to this subsection.

(b)Suchstanding criminalprotectiveordermayinclude,butneednot be limited to, provisions enjoining the offender from (1) imposing any restraint upon the person or liberty of the victim;

(2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the victim;

or (3) entering the family dwelling or the dwelling of the victim.

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 standing criminal protective order, 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- 142, if any, at the institution of higher education at which the victim is enrolled, if the victim provides the clerk with the name and address of such school or institution of higher education.

Public Act No.

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1091 (c) (1) Such standing criminal protective order shall include the following notice:

"In accordance with section 53a-223a of the Connecticut general statutes, violation of this order shall be punishable by a term of imprisonment of not less than one year nor more than ten years, a fine of not more than ten thousand dollars, or both.".

(2) Upon issuance of a standing criminal protective order under subsection (a) of this section, each victim protected by such order shall be given a notice that contains the following language:

"If a standing criminal protective order has been issued on your behalf or on behalf of your child, you may elect to give testimony or appear in a family court proceeding remotely, pursuant to section 46b-15c.

Please notify the court in writing at least two days in advance of a proceeding if you choose to give testimony or appear remotely, and your physical presence in the courthouse will not be required in order to participate in the court proceeding.".

(d) For the purposes of this section and any other provision of the general statutes, "standing criminal protective order" means (1) a standing criminal restraining order issued prior to October 1, 2010, or (2) a standing criminal protective order issued on or after October 1, 2010.

Sec.

8.

LCO(f) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0115When recommending the entry of 52any R02-SB.docxorder }as Substituteprovided Billin No.subsections (a) and (b) of section 46b-56, as amended by this act, counsel or a guardian ad litem for the minor child shall consider the best interests of the child, and in doing so shall consider, but not be limited to, one or more of the following factors:

1091 (f) When recommending the entry of any order as provided in subsections (a) and (b) of section 46b-56, as amended by this act, counsel or a guardian ad litem for the minor child shall consider the best interests of the child, and in doing so shall consider, but not be limited to, one or more of the following factors:

(2) the [The] temperament and developmental needs of the child;

[(2)] (3) the capacity and the disposition of the parents to understandPublic andAct meetNo. the needs of the child;

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1091 understand and meet the needs of the child;

[(13)] (14) the child's cultural background;[(14)](15)background; theeffectonthechildof[theactionsofanabuser, if] any domestic violence, as described in section 46b-15, as amended by this act, that has occurred between the parents or between a parent and another individual or the child;

[(15)][(14)] (16)(15) whetherthe effect on the child orof athe siblingactions LCOof {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0116an ofabuser, 52if R02-SB.docxany }domestic Substituteviolence, Billas No.defined in section 46b-1, as amended by this act, has occurred between the parents or between a parent and another individual or the child;

1091[(15)] (16) whether the child or a sibling of the child has been abused or neglected, as defined respectively in section 46b-120;

Sec.Public Act No.

8.21-78 18 of 41 Substitute Senate Bill No.

1091 Sec.

9.

(3) the award of sole custody to one parent with appropriate parenting time for LCOthe {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01017noncustodial ofparent 52where R02-SB.docxsole }custody Substituteis Billin No.the best interests of the child;

1091 the noncustodial parent where sole custody is in the best interests of the child;

(c)Public InAct makingNo. or modifying any order as provided in subsections (a) and (b) of this section, the court shall consider the best interests of the child, and in doing so, may consider, but shall not be limited to, one or more of the following factors:

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1091 (c) In making or modifying any order as provided in subsections (a) and (b) of this section, the court shall consider the best interests of the child, and in doing so, may consider, but shall not be limited to, one or more of the following factors:

(2) [The] the temperament and developmental needs of the child;

[(14)] (15) the effect on the child of [thethe actions of an abuser, if]if any domestic violence, as describeddefined in section 46b-15,46b-1, as LCOamended {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0118by ofthis 52act, R02-SB.docxhas }occurred Substitutebetween Billthe No.parents or between a parent and another individual or the child;

1091[(15)] amended(16) bywhether this act, that has occurred between the parentschild orPublic betweenAct aparentandanotherindividualorthechild;No.

[(15)](16)whetherthechild21-78 or20 a sibling of the41 childSubstitute hasSenate beenBill abusedNo. or neglected, as defined respectively in section 46b-120;

1091 or a sibling of the child has been abused or neglected, as defined respectively in section 46b-120;

(h) Notwithstanding the provisions of subsections (b) and (c) of this section, when a motion for modification of custody or visitation is pending before the court or has been decided by the court and the LCOPublic {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01019Act of 52 R02-SB.docx } Substitute Bill No.

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9.10.

10.11.

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 that in courthouses constructed prior to July 1, 2021, such a room is available and the use of such room is practical.

Any courthouse constructed on or after July 1, 2021, shall include such a room.

11.12.

Section 51-27i of the general statutes is repealed and the followingPublic isAct substitutedNo. in lieu thereof (Effective October 1, 2021):

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1091 following is substituted in lieu thereof (Effective July 1, 2021):

LCO(1) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0120"Domestic violence agency" means any office, shelter, host home or agency offering assistance to victims of 52domestic R02-SB.docxviolence }through Substitutecrisis Billintervention, No.emergency shelter referral and medical and legal advocacy, and which meets the Department of Social Services' criteria of service provision for such agencies.

1091(2) (1)"Family "Domestic violence agency"victim advocate" means anya office,person shelter,(A) hostwho homeis oremployed agencyby offeringand assistanceunder tothe victimscontrol of domestica violencedirect throughservice 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, emergencycommunication shelterskills, referralworking with diverse populations, an overview of the state criminal justice and medicalcivil family court systems and legalinformation advocacy,about state and whichcommunity meetsresources for victims of domestic violence, (C) who is certified as a counselor by the Departmentdomestic violence agency that provided such training, and (D) whose primary purpose is the rendering of Socialadvice, Services'counsel criteriaand assistance to, and the advocacy of servicethe provisioncause forof, suchvictims agencies.of domestic violence.

(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.

(c) Notwithstanding any provision of the general statutes,statutes restricting the disclosure of documents, 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,Act anyNo. 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.

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1091 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.

12.

Section 17b-105a of the general statutes is repealed and the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0121 of 52 R02-SB.docx } Substitute Bill No.

1091 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 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 initialeligibility determination, 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.

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0122 of 52 R02-SB.docx } Substitute Bill No.

1091 Sec.

SubsectionsSubsection (b)(a) and (c) of section 17b-74917b-112g of the general statutes areis repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(b)(a) The commissionerCommissioner shallof establishSocial incomeServices standardsshall foroffer applicantsimmediate anddiversion recipientsassistance atdesigned a level to includeprevent acertain familyfamilies withwho grossare incomeapplying upfor tomonthly fiftytemporary perfamily centassistance offrom theneeding state-widesuch medianassistance. income, except the commissioner:

(1)Diversion [may]assistance Mayshall increasebe theoffered 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(1) [onorupon afterinitial Octoberassessment 1,1999,]fromtheDepartment of Children and Families are determined eligible for thetemporary childfamily careassistance, subsidy(2) program,demonstrate [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 victimshort-term ofneed domesticthat violence,cannot asbe definedmet inwith sectioncurrent 17b-112a,or atanticipated whichfamily timeresources, the commissioner shall redetermine eligibility based upon the income standards, and (4)(3) shallwith reduce the incomeprovision eligibility level to up to fifty-five per cent of thea state-wideservice medianor incomeshort-term forbenefit, applicantswould andbe recipientsprevented whofrom qualifyneeding basedmonthly on their loss of eligibility for temporary family assistance.

Within resources available to the Department of Social Services, a person who requests diversion assistance on the basis of being a victim of domestic violence, as defined in section 17b-112a, shall be deemed to satisfy subdivision (2) of this subsection and shall not be subject to the requirements of subdivision (3)ofthissubsection.In determining whetherthefamily ofsuchavictim of domestic violence satisfies the requirements of subdivision (1) of this subsection and the appropriate amount of diversion assistance to provide, the commissioner shall not include as a member of the family the spouse, domestic partner or other household member credibly accused ofdomesticviolence by such victim, nor shallthecommissioner count the income or assets of such a spouse, domestic partner or other household member.

ThePublic commissionerAct mayNo. adopt regulations in accordance with chapter 54 to establish income criteria and durational requirements for such waiver of income standards.

(c)21-78 The24 commissioner, in consultation with the Commissioner of Social41 Services,Substitute shallSenate establishBill eligibilityNo. 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0123 of 52 R02-SB.docx } Substitute Bill No.

1091 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 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.

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0124 of 52 R02-SB.docx } Substitute Bill No.

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

(a) Notwithstanding the provisions of sections 17b-190, 17b-195 and 17b-196, the Commissioner of Social Services shall operate a state- administeredgeneralassistanceprograminaccordancewiththissection and sections 17b-131, 17b-193, 17b-194, 17b-197 and 17b-198.

Notwithstanding any provision of the general statutes, on and after October 1, 2003,no townshallbereimbursedby thestatefor any general assistance medical benefits incurred after September 30, 2003, and on and after March 1, 2004, no town shall be reimbursed by the state for any general assistance cash benefits or general assistance program administrative costs incurred after February 29, 2004.

(b) The state-administered general assistance program shall provide cash assistance of (1) two hundred dollars per month for an unemployable person upon determination of such person's unemployability;

(2) two hundred dollars per month for a transitional person who is required to pay for shelter;

and (3) fifty dollars per month for a transitional person who is not required to pay for shelter.

The standard of assistance paid for individuals residing in rated boarding facilities shall remain at the level in effect onAugust 31, 2003.

No person shall be eligible for cash assistance under the program if eligible for cash assistance under any other state or federal cash assistance program.

The standards of assistance set forth in this subsection shall be subject to annual increases, as described in subsection (b) of section 17b-104.

In determining eligibility, thePublic commissionerAct shallNo. 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.

The21-78 commissioner25 shall redetermine the eligibility of a41 victimSubstitute ofSenate domesticBill violenceNo. after ninety days.

For1091 purposesthe ofcommissioner thisshall subsection,not allegationsconsider ofas domesticincome violenceAid mayand beAttendance substantiatedpensionbenefitsgrantedto byaveteran,asdefinedinsection27-103,or the commissionersurviving pursuantspouse to the provisions of subsectionsuch (b)veteran. of section 17b-112a.

(d) Prior to or upon discontinuance of assistance, a person previously determined to be a transitional person may petition the commissioner to review the determination of his or her status.

In such review, the commissioner shall consider factors, including, but not limited to:

(1) Age;

(2) education;

(3) vocational training;

(4) mental and physical health;

and (5) employment history and shall make a determination of such person's ability to obtain gainful employment.

(e) Notwithstanding any other provision of this section or section 17b-194, a victim of domestic violence, as defined in section 17b-112a, who is not eligible for diversion assistance under the provisions of section 17b-112g, as amended by this act, shall be eligible for a one-time assistance payment under the state-administered general assistance program within resources available to the Department of Social Services.

Such payment shall be equivalent to that which such victim would be entitled to receive as diversion assistance if such victim and his or her family, if any, were eligible for diversion assistance.

In determining whether and in what amount a victim of domestic violence and his or her family are eligible for a one-time assistance payment pursuant to this subsection, the commissioner shall not include as a member of such victim's family the spouse, domestic partner or other household member credibly accused of domestic violence by such victim, nor shall the commissioner count the income or assets of such a Public Act No.

21-78 26 of 41 Substitute Senate Bill No.

1091 spouse, domestic partner or other household member.

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, and "family" has the same meaning as used in section 17b-112, except as otherwise provided in this subsection.

Section(NEW) 38a-816(Effective offrom thepassage) general(a) statutesThere is repealedestablished anda thegrant followingprogram isto substitutedprovide inindividuals lieuwho thereofare (Effectiveindigent Octoberwith 1,access 2021):to legal assistance at no cost when making an application for a restraining order under section 46b-15 of the general statutes, as amended by this act.

The followinggrant areprogram definedshall asbe unfairadministered methodsby ofthe competitionorganization andthat unfairadministers andthe deceptiveprogram actsfor orthe practicesuse inof theinterest businessearned on lawyers' clients' funds accounts pursuant to section51-81c of insurance:thegeneralstatutes.

(1)Funds Misrepresentationsappropriated andto falsethe advertisingJudicial Branch for the purpose of insurancethe policies.grant program shall be transferred to the organization administering the program.

LCO(b) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0125Not later than three months after receiving funding in any year from the state, the organization administering the program shall issue a request for proposals from nonprofit entities whose principal purpose is providing legal services at no cost to individuals who are indigent, for the purpose of 52awarding R02-SB.docxgrants }to Substituteprovide Billcounsel No.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 applying for such restraining order, including at prehearing conferences and at the hearing on an application.

1091A Making,nonprofit issuingentity orresponding circulating,to orthe causingrequest tofor beproposals made,may issuedpartner orwith circulated,law anyschools estimate,or illustration,other circularnon-profit entities or statement,publicly salesfunded presentation,organizations omissionthat orare comparisonnot which:governmental entities, for the provision of services pursuant to a grant.

(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.

(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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0126 of 52 R02-SB.docx } Substitute Bill No.

1091 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, 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) LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01027 of 52 R02-SB.docx } Substitute Bill No.

1091 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 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0128 of 52 R02-SB.docx } Substitute Bill No.

1091 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 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.

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0129 of 52 R02-SB.docx } Substitute Bill No.

1091 (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 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) LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01030 of 52 R02-SB.docx } Substitute Bill No.

1091 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 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01031 of 52 R02-SB.docx } Substitute Bill No.

1091 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, 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010932 of 52 R02-SB.docx } Substitute Bill No.

1091 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 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0133 of 52 R02-SB.docx } Substitute Bill No.

1091 (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 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0134 of 52 R02-SB.docx } Substitute Bill No.

1091 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.

[(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.

16.

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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0135 of 52 R02-SB.docx } Substitute Bill No.

1091 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;

andeach 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.

Sec.

17.

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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0136 of 52 R02-SB.docx } Substitute Bill No.

1091 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 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0137 of 52 R02-SB.docx } Substitute Bill No.

1091 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 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0138 of 52 R02-SB.docx } Substitute Bill No.

1091 (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 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0139 of 52 R02-SB.docx } Substitute Bill No.

1091 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;

(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.

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0140 of 52 R02-SB.docx } Substitute Bill No.

1091 (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 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0141 of 52 R02-SB.docx } Substitute Bill No.

1091 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;

(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.

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0109142 of 52 R02-SB.docx } Substitute Bill No.

1091 (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 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.

18.

(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.

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0109143 of 52 R02-SB.docx } Substitute Bill No.

1091 (b) Not later than three months after receiving funding in any year pursuant to section 19 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 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.

(c)Public TheAct organizationNo. administering the program may only award a grant (1) to provide services in the judicial districts of Fairfield, Hartford, New Haven, Stamford-Norwalk or Waterbury, and (2) in an amount not to exceed two hundredthousand dollars,except that agrant 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, as amended by this act, over the previous three fiscalyearsmay receive agrantofnot more thanfour hundredthousand dollars.

21-78 27 of 41 Substitute Senate Bill No.

1091 (c) The organization administering the program may only award a grant (1) to provide services in the judicial districts of Fairfield, Hartford, New Haven, Stamford-Norwalk or Waterbury, and (2) in an amount not to exceed two hundredthousand dollars,except that agrant 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, as amended by this act, over the previous three fiscalyearsmay receive a grantofnot more thanfour hundredthousand dollars.

LCO(2) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0144Arrange offor 52at R02-SB.docxleast }one Substituteindividual Billwho No.has the relevant training or experience and is authorized to provide legal counsel to eligible indigent individuals who express an interest in applying for a restraining order, to be present in the courthouse or courthouses identifiedinresponsetotherequestforproposalsorbeavailabletomeet remotely during all business hours;

1091(3) (2)To Arrangethe forgreatest atextent leastpracticable onewithin individual who has the relevantfunding trainingawarded, orprovide experiencecontinued andrepresentation is authorized to provideeligible legalindigent counselindividuals tothroughout individualsthe whorestraining expressorder anprocess, interestincluding in applyingcourt for athe restraininghearing order,on tothe berestraining presentorder, inwhen thesuch courthouseindividuals orrequest courthousessuch identifiedcontinued inrepresentation responseafter toreceiving theassistance requestwith fora proposalsrestraining duringorder allapplication; business hours;

(3)Public ProvideAct continuedNo. 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 awarded and if requested to do so by an individual after providing assistance with a restraining order application;

(4)21-78 Provide28 anyof individual41 inSubstitute theSenate courthouseBill whoNo. expresses an interest in applying for a restraining order with all applicable forms that may be necessary to apply for a restraining order;

1091 (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;

(f) The Chief Court Administrator shallshall: (1) provide each grant recipient with office space in the judicial district courthouse or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0145 of 52 R02-SB.docx } Substitute Bill No.

1091(1) courthousesProvide servedeach bygrant such recipient under the grant program to conduct intake interviews and assist clients with applicationsoffice forspace, restrainingorders,and(2)requirecourtclerksatsuchcourthouses,priorif toavailable, acceptingin an application for a restraining order pursuant to section 46b-15 of the generaljudicial statutes,district ascourthouse amended by this act, to inform each individual filing such application, or inquiringcourthouses aboutserved filingby such anrecipient application,under that pro bono legal services are available from the grant recipientprogram forto income-eligibleconduct individualsintake interviews and whereassist theclients grantwith recipientapplications isfor locatedrestraining inorders; the courthouse.

(2) Require court clerks at such courthouses, prior to accepting an application for a restraining order pursuant to section 46b-15 of the general statutes, as amended by this act, to (A) 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 Public Act No.

21-78 29 of 41 Substitute Senate Bill No.

1091 income-eligible individuals and, if office space has been provided to the grant recipient, where the grant recipient is located in the courthouse, and (B) if cards or pamphlets containing information about pro bono legal services have been provided to the courthouse by the grant recipient, provide such a card or pamphlet to the individual;

and (3) If a poster of reasonable size containing information about pro bono legal services has been provided to a courthouse served by a grant recipient, require the display of such poster in a manner that is visible to the public at or near the location where applications for a restraining order are filed in such courthouse.

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 accordancePublic withAct theNo. 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.

LCO21-78 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-014630 of 5241 R02-SB.docx } Substitute Senate Bill No.

1091 Sec.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.

19.(i)Up to five per centofthetotalamount received by theorganization administering the grant program may be used for the reasonable costs of administering the program, including the completion of the analysis and report required by subsection (h) of this section.

(EffectiveSec.16. 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 section18 ofthisact, frommoneysreceivedby theOffice oftheAttorney General in connection with the settlement of any lawsuit to which the state isa party.

Suchremittalinthe fiscalyear ending June30,2023,shall occur no later than one year following the date of the remittal in the previous fiscal year.

Moneys remitted to the organization pursuant to this section shall be used for purposes of the program established in section 18 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 18 of this act.

Sec.20.

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 LCOparticipate {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0147in ofa 52program R02-SB.docxof }periodic Substitutedrug Billtesting No.and treatment.

1091 participate in a program of periodic drug testing and treatment.

(2) If the arrested person is charged with no offense other than a misdemeanor,Public theAct courtNo. 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 (B) the person requests such financial conditions, or (C) the court makes a finding ontherecordthat there isalikely riskthat (i)thearrestedperson 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.

21-78 31 of 41 Substitute Senate Bill No.

1091 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 (B) the person requests such financial conditions, or (C) the court makes a finding ontherecordthat there isalikely riskthat (i)thearrestedperson 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.

(b) (1) When any arrested person charged with the commission of a class A felony, a class B felony, except a violation of section 53a-86 or LCO53a-122, {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010948a class C felony, except a violation of 52section R02-SB.docx53a-87, }53a-152 Substituteor Bill53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, Public Act No.

109121-78 53a-122,32 a class C felony, except a violation of section41 53a-87,Substitute 53a-152Senate orBill 53a-153,No. or a class D felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence crime, as defined in section 46b-38a, as amended by this act, 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:

1091 section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence crime, as defined in section 46b-38a, as amended by this act, 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) 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, LCOPublic {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010949Act of 52 R02-SB.docx } Substitute Bill No.

21-78 33 of 41 Substitute Senate Bill No.

21.17.

22.18.

(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,Public ethnicity,Act disability, sex, sexual orientation or gender identity or expression of such other person or group of persons, does any of the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0109150 of 52 R02-SB.docx } Substitute Bill No.

109121-78 following:34 of 41 Substitute Senate Bill No.

1091 religion, ethnicity, disability, sex, sexual orientation or gender identity or expression of such other person or group of persons, does any of the following:

23.19.

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

Section20. 1 October 1, 2021 46b-1 Sec.

2(NEW) (Effective October 1, 20212021) 46b-15(a) Sec.Upon the request of a tenant, a landlord shall change the locks or permit the tenant to change the locks to a tenant's dwelling unit when:

3(1) OctoberThe 1,tenant 2021is 46b-15cnamed Sec.as a protected person in (A) a protective or restraining order issued by a courtofthisstate,including,butnotlimitedto,anorderissuedpursuant to sections 46b-15, 46b-16a, 46b-38c, 53a-40e and 54-1k of the general statutes, as amended by this act, that is in effect at the time the tenant makes such request of the landlord, or (B) a foreign order of protection that has been registered in this state pursuant to section 46b-15a of the Public Act No.

421-78 October35 1,of 202141 46b-38a(3)Substitute Sec.Senate Bill No.

51091 Julygeneral 1,statutes, 2021as 46b-38b(g)(5)amended Sec.by this act, that is in effect at the time the tenant makes such request of the landlord;

6(2) Octoberthe 1,protective 2021order, 46b-38c(e)restraining Sec.order or foreign order of protection requires the respondent or defendant to (A) stay away from the home of the tenant, or (B) stay a minimum distance away from the tenant;

7and October(3) 1,the 2021tenant 46b-54(f)provides Sec.a copy of such protective order, restraining order or foreign order of protection to the landlord.

8A Octoberlandlord 1,who 2021is 46b-56required Sec.to change a tenant's locks or permit the tenant to change a tenant's locks under this subsection shall, not later than six hours after receipt of the request, inform the tenant whether the landlord will change the locks or permit the tenant to change the locks.

9If Octoberthe 1,landlord 2021agrees Newto sectionchange Julythe 1,locks, 2021the Sec.landlord shall do so not later than forty-eight hours after the date that the tenant makes such request.

10(b) 51-27hIf Sec.a landlord has informed the tenant that the tenant is responsible for changing the locks, fails to change the locks, or fails to permit a tenant to change the locks within the timeframe prescribed under subsection (a) of this section, the tenant may proceed to change the locks.

11If Octobera 1,tenant 2021changes 51-27ithe LCOlocks, {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01091-the 51tenant shall ensure that the locks are changed in a workmanlike manner, utilizing locks of 52similar R02-SB.docxor }improved Substitutequality Billas No.compared to the original locks.

1091The Sec.landlord may replacealockinstalledbyoratthebehestofatenantifthelocksinstalled were not of similar or improved quality or were not installed properly.

12If Julya 1,tenant 2021changes 17b-105athe Sec.locks to his or her dwelling unit under this subsection, the tenant shall provide a key to the new locks to the landlord not later than two business days after the date on which the locks were changed, except when good cause prevents the tenant from providing a key to the landlord within the prescribed time period.

13(c) JulyWhen 1,a 2021landlord 17b-749(b)changes andthe (c)locks Sec.to a dwelling unit under subsection (a) or (b) of this section, the landlord (1) shall, if using a professionalcontractoror locksmith,beresponsible for payment to such contractor or locksmith, (2) shall, at or prior to the time of changing such Public Act No.

1421-78 July36 1,of 202141 17b-191(c)Substitute Sec.Senate Bill No.

151091 Octoberlocks, 1,provide 2021a 38a-816key Sec.to the new locks to the tenant, and (3) may charge a fee to the tenant not exceeding the actual reasonable cost of changing the locks.

16If Octoberthe 1,tenant 2021fails 38a-447to Sec.pay the fee, such cost may be recouped by suit against the tenant or as a deduction from the security deposit when the tenant vacates the dwelling unit, but shall not be the basis for a summary process action under chapter 832 of the general statutes.

17For Octoberpurposes 1,of 2021this 38a-465subsection, Sec."actual reasonable cost" means the cost of the lock mechanism, as well as the fee paid by the landlord for professional contractor or locksmith services.

18(d) fromA passagelandlord Newmay sectionreprogram Sec.a digital or electronic lock with a new entry code to comply with the provisions of this section.

19(e)Ifatenantresidinginthedwellingunitisnamedastherespondent fromor passagedefendant Newin an order described in subsection (a) of this section Sec.and under such order is required to stay away from the dwelling unit, the landlordshallnot provideakey to suchtenant for thenew locks.Absent a court order permitting a tenant who is the respondent or defendant in such order to return to the dwelling unit to retrieve his or her possessions and personal effects, the landlord has no duty under the rental agreement or by law to allow such tenant access to the dwelling unit once the landlord has been provided with a court order requiring such tenant to stay away from the dwelling unit, and the landlord shall not permit such tenant to access the dwelling unit.

20Any Octobertenant 1,excluded 2021fromthedwelling 54-64a(a)unit andunder (b)this Sec.sectionremainsliable under therental agreement with any other tenant of the dwelling unit for rent or damages to the dwelling unit.

21(f) OctoberA 1,landlord 2021may 53a-181j(a)not Octoberrequire 1,a 2021tenant Sec.who is named as a protected person under an order described in subsection (a) of this section to pay additional rent or an additional deposit or fee because of the exclusion of the tenant who is named as the respondent or defendant in such order.

22Public 53a-181k(a)Act Sec.No.

2321-78 October37 1,of 202141 53a-181l(a)Substitute JUDSenate JointBill FavorableNo. Subst.

APP1091 Joint(g) FavorableAny LCOlandlord {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01091-or 52agent of 52such R02-SB.docxlandlord }who denies a tenant named as a respondent or defendant in an order described in subsection (a) of this section access to the dwelling unit pursuant to this section shall be immune from any civil liability arising from such denial, provided the landlord or agent complies with the provisions of this section and any applicable court order.

Sec.

21.

Section 47a-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

As used in this chapter and sections 47a-21, as amended by this act, 47a-23 to 47a-23c, inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a- 35b, inclusive, 47a-41a, 47a-43 and 47a-46 and section 20 of this act:

(a) "Action" includes recoupment, counterclaim, set-off, cause of action and any other proceeding in which rights are determined, including an action for possession.

(b) "Building and housing codes" include any law, ordinance or governmental regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.

(c) "Dwelling unit" means any house or building, or portion thereof, which is occupied, is designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of one or more persons.

(d) "Landlord" means the owner, lessor or sublessor of the dwelling unit, the building of which it is a part or the premises.

(e)"Owner"meansone or more persons,jointly or severally, inwhom is vested (1) all or part of the legal title to property, or (2) all or part of the beneficial ownership and a right to present use and enjoyment of the premises and includes a mortgagee in possession.

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1091 (f) "Person" means an individual, corporation, limited liability company, the state or any political subdivision thereof, or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.

(g) "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.

(h) "Rent" means all periodic payments to be made to the landlord under the rental agreement.

(i) "Rental agreement" means all agreements, written or oral, and valid rules and regulations adopted under section 47a-9 or subsection (d) of section 21-70 embodying the terms and conditions concerning the use and occupancy of a dwelling unit or premises.

(j) "Roomer" means a person occupying a dwelling unit, which unit does not include a refrigerator, stove, kitchen sink, toilet and shower or bathtub and one or more of these facilities are used in common by other occupants in the structure.

(k) "Single-family residence" means a structure maintained and used as a single dwelling unit.

Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit or has a common parking facility, it is a single-family residence if it has direct access to a street or thoroughfare and does not share heating facilities, hot water equipment or any other essential facility or service with any other dwelling unit.

(l) "Tenant" means the lessee, sublessee or person entitled under a rental agreement to occupy a dwelling unit or premises to the exclusion of others or as is otherwise defined by law.

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1091 (m) "Tenement house" means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is arranged or designed to be occupied, or is occupied, as the home or residence of three or more families, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards.

Sec.

22.

Subsection (a) of section 47a-21 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):

As used in this chapter:

(1) "Accrued interest" means the interest due on a security deposit as provided in subsection (i) of this section, compounded annually to the extent applicable.