RAISED BILL NO. 7051: AN ACT CONCERNING THE INVESTIGATION OF FRAUD AND CORRUPTION!

UNDER CONSIDERATION BY THE JUDICIARY COMMITTEE ON APRIL 1, 2015 General Assembly		Raised Bill No. 7051
January Session, 2015		LCO No. 5829
		*05829_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE INVESTIGATION OF FRAUD AND CORRUPTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2015) For the purposes of sections 1 to 5, inclusive, of this act:
(1) "Crime" means a violation of any provision of the general statutes involving: (A) Corruption in the executive, legislative or judicial branch of state government or in the government of any political subdivision of the state, (B) fraud by a vendor of goods or services in the medical assistance program under Title XIX of the Social Security Act Amendments of 1965, as amended, (C) larceny in the first degree, (D) the election laws of this state, and (E) bribery or bribe receiving;
(2) "Property" includes, but is not limited to, documents, books, papers, records, films, recordings and other tangible things; 
(3) "Prosecuting official" means the Chief State's Attorney, a deputy Chief State's Attorney or a state's attorney; and 
(4) "Entity" means any natural person, firm, partnership, limited partnership, limited liability partnership, limited liability company, trust, syndicate, estate, association, corporation, custodian, nominee, municipality, agency or political or administrative subdivision of the state or other legal entity of any kind. 
Sec. 2. (NEW) (Effective October 1, 2015) (a) In the investigation of conduct that would constitute the commission of a crime, a prosecuting official, in the performance of such official's duties during such investigation, shall have the authority to compel by subpoena the production of property related to the matter under investigation. 
(b) Any subpoena issued pursuant to this section shall (1) compel only the production of property relevant to the investigation being conducted, (2) specify with reasonable particularity the property to be produced, (3) allow a reasonable period of time for compliance, and (4) require only the production of documents or records covering a reasonable period of time. 
(c) Any subpoena issued pursuant to this section shall compel an entity to produce the property related to the matter under investigation at the office of the prosecuting official. 
Sec. 3. (NEW) (Effective October 1, 2015) (a) In any investigation conducted pursuant to sections 2 to 5, inclusive, of this act, a prosecuting official may apply to a judge of the Superior Court for an order granting immunity from prosecution to any natural person to whom the state issues a subpoena. Such immunity may provide that the person will not be prosecuted or subjected to any penalty or forfeiture (1) for or on account of any property produced by such person, or for or on account of any evidence discovered as a result of or otherwise derived from property produced by such person, or (2) for or on account of any transaction, matter or thing concerning which such person produces property. 
(b) No person who has been properly served with a subpoena pursuant to section 2 of this act and receives immunity under subsection (a) of this section, shall be excused from producing any property before the prosecuting official concerning an investigation on the ground or for the reason that the property required may tend to incriminate such person or subject such person to a penalty or forfeiture. 
Sec. 4. (NEW) (Effective October 1, 2015) If any subpoena is issued pursuant to section 2 of this act for the production of the medical records, including psychiatric and substance abuse treatment records, of a natural person, the prosecuting official shall give written notice of the issuance of such subpoena to such person. Such person shall have standing to file a motion to quash the subpoena in accordance with section 5 of this act. 
Sec. 5. (NEW) (Effective October 1, 2015) (a) Whenever a subpoena has been issued to compel the production of property pursuant to section 2 of this act, the entity summoned may file a motion to quash the subpoena. No fees or costs shall be assessed. 
(b) The party filing the motion to quash shall be designated as the plaintiff, and shall be described as "John Doe", "Jane Doe" or some other alias, and the prosecuting official shall be designated as the defendant. 
(c) The motion, upon its filing, shall be sealed as to the public. The motion shall be referred to the presiding criminal judge of the court for hearing or for assignment to another judge for hearing. Unless otherwise ordered by the judge conducting the hearing, the hearing shall be conducted in camera and the file on the motion shall be sealed as to the public, subject to further order of the court. 
(d) The motion shall be expeditiously assigned and heard. The date and time of the hearing shall be established by the clerk after consultation with the judge assigned to conduct the hearing. The clerk shall give notice to the parties of the hearing so scheduled. 
(e) A judge may quash or modify any subpoena issued pursuant to section 2 of this act for just cause or in recognition of any privilege established under law.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2015	New section
Sec. 2	October 1, 2015	New section
Sec. 3	October 1, 2015	New section
Sec. 4	October 1, 2015	New section
Sec. 5	October 1, 2015	New section

Statement of Purpose: 
To give state prosecutors the tools necessary to protect Connecticut residents from financial crime and to investigate fraud against government programs and funds. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

IMPORTANT BILL ON SUPERVISED VISITATION, GALS , AND COURT ORDERED MENTAL HEALTH TREATMENT UP FOR CONSIDERATION THIS WEEK BEFORE THE JUDICIARY COMMITTEE!

There will be a public hearing before the Judiciary Committee on Wednesday, March 11, 2015 at 10:30 a.m., at the LOB in room 2E, in regard to Committee Bill No. 5505:  An Act Concerning Family Court Proceedings.  Please make time to present your testimony in support of this bill.  The language of this bill includes important safeguards against:

1.  GAL Abuse

2.  The frivolous imposition of unnecessary supervised visitation

3.  Forced mental health treatment for yourself and your child

 

The wording of the bill is as follows:

 

AN ACT CONCERNING FAMILY COURT PROCEEDINGS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2015) Notwithstanding any provision of chapter 815, 815a, 815e, 815j, 815p, 815t or 815y of the general statutes, a court shall not order that a parent have supervised visitation with his or her child, unless such court finds, based upon the evidence presented to the court, that such parent: (1) Has engaged in an act of neglect or abuse that has been substantiated by the Department of Children and Families; (2) has no established relationship with the child with whom visitation is sought; (3) has engaged in criminal conduct that presents a potential risk to the health, safety or well-being of a child; or (4) suffers from a severe mental disability that presents a potential risk to the health, safety or well-being of a child.

Sec. 2. (NEW) (Effective October 1, 2015) A person aggrieved by the action of counsel or a guardian ad litem for a minor child or children, appointed under section 46b-54 of the general statutes, as amended by this act, may bring a civil action seeking appropriate relief, including equitable relief, damages, or both, in the superior court for the judicial district in which such counsel or guardian ad litem for a minor child was appointed. If such civil action results in a judgment for the plaintiff, the court shall award the plaintiff all costs of the action, including such attorney's fees as the court may allow to the plaintiff. The court shall not enter any order under this section that would require a plaintiff to pay the costs, expenses or attorney's fees of counsel or a guardian ad litem for a minor child named as a defendant in such civil action. It shall not be a defense to such civil action that the defendant is entitled to absolute, quasi-judicial immunity.

Sec. 3. (NEW) (Effective October 1, 2015) (a) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a parent undergo treatment or an evaluation from a licensed health care provider, as defined in section 52-184e of the general statutes, the court shall allow the parent to select the licensed health care provider who is to provide such treatment or evaluation.

(b) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a child undergo treatment or an evaluation from a licensed health care provider, as defined in section 52-184e of the general statutes, the court shall permit the parent or legal guardian of such child to select the licensed health care provider who is to provide such treatment or evaluation. If two parents do not agree on the selection of a licensed health care provider to provide such treatment or evaluation to a child, the court shall continue the matter for two weeks to allow the parents an opportunity to jointly select the licensed health care provider. If after the two-week period, the parents have not reached an agreement on the selection of a licensed health care provider, the court shall select such provider after giving due consideration to the health insurance coverage and financial resources available to such parents. In the case of two parents who cannot agree on the selection of a licensed health care provider to provide such treatment or evaluation to the child, if a parent incurs expenses as a result of permitting the child to be treated or evaluated by such provider, without the express written consent of the other parent, the parent who permitted such treatment or evaluation to occur shall be solely responsible for the costs incurred for such treatment or evaluation.

(c) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a parent or child undergo an evaluation from a licensed health care provider, as defined in section 52-184e of the general statutes, the results of such evaluation shall be submitted to the court by such provider not later than thirty days after the date of completion of the evaluation.

Sec. 4. Subsection (e) of section 46b-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(e) [Counsel] Except as provided in this subsection, counsel or a guardian ad litem for the minor child or children shall be heard on all matters pertaining to the interests of any child, including the custody, care, support, education and visitation of the child, so long as the court deems such representation to be in the best interests of the child. To the extent practicable, when hearing from such counsel or guardian ad litem, the court shall permit such counsel or guardian ad litem to participate at the beginning of the matter, at the conclusion of the matter or at such other time the court deems appropriate so as to minimize legal fees incurred by the parties due to the participation of such counsel or guardian ad litem in the matter. Such counsel or guardian ad litem [may] shall not be heard on a matter pertaining to a medical diagnosis or conclusion concerning a minor child made by a health care professional treating such child. [when (1) such counsel or guardian ad litem is in possession of a medical record or report of the treating health care professional that indicates or supports such medical diagnosis or conclusion; or (2) one or more parties have refused to cooperate in paying for or obtaining a medical record or report that contains the treating health care professional's medical diagnosis or conclusion. If] Instead, if the court deems it to be in the best interests of the minor child, such health care professional shall be heard on matters pertaining to the interests of any such child, including the custody, care, support, education and visitation of such child. 

CT SENATE REPUBLICANS ANNOUNCE THAT SENATOR TONI BOUCHER HAS BEEN NAMED TO THE JUDICIARY COMMITTEE!

Hartford, CT – State Senator Toni Boucher of Wilton has been named to the powerful Judiciary Committee of the General Assembly. Sen. Minority Leader Len Fasano (R-North Haven) announced last week the new committee assignments in the Senate Republican Caucus.

“I am honored to be chosen for this very important assignment,” remarked Boucher. “The Judiciary Committee is extremely busy laying the ground work for the states’ future in many areas of law. Especially critical is overseeing nominations relating to future judges and members of the Board of Pardons and Paroles.”

For more information on this matter, please click on the link below:

http://ctsenaterepublicans.com/2014/12/sen-boucher-tapped-for-powerful-judiciary-committee-post/#.VJNCssJ0yt8

CT MIRROR REPORTS THAT WILLIAM TONG HAS BEEN APPOINTED NEW CHAIR OF THE JUDICIARY COMMITTEE!

The CT MIRROR reports that, "House Speaker J. Brendan Sharkey, D-Hamden, changed the leadership of a half-dozen committees Friday as he named Rep. Jeffrey J. Berger of Waterbury as the new co-chair of the Finance, Revenue and Bonding Committee and Rep. William Tong of Stamford to lead the Judiciary Committee."

For more information on this subject please click on the link below:

http://ctmirror.org/sharkey-names-committee-chairs/