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House Bill No. 5786

PUBLIC ACT NO. 96-228

AN ACT CONCERNING DOMESTIC VIOLENCE.

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

Section 1. (NEW) (a) If any person is convicted of a violation of section 53a-59 of the general statutes, as amended by section 12 of public act 95-142, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70 of the general statutes, as amended by section 13 of public act 95-142, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b of the general statutes against a family or household member as defined in subdivision (2) of section 46b-38a of the general statutes, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a of the general statutes, 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 restraining order will best serve the interest of the victim and the public, issue a standing criminal restraining order which shall remain in effect until modified or revoked by the court for good cause shown.

(b) Such standing criminal restraining order may include but is not limited to 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.

(c) Every standing criminal restraining order of the court made in accordance with this section shall contain the following language: "This order shall remain in effect until modified or revoked by the court for good cause shown. In accordance with section 1 of this act, violation of a standing criminal restraining order issued by the court pursuant to subsection (a) of this section, shall be punishable by a term of imprisonment of not less than one year nor more than five years, a fine of not more than five thousand dollars or both."

Sec. 2. (NEW) (a) A person is guilty of violation of a standing criminal restraining order when an order issued pursuant to subsection (a) of section 1 of this act has been issued against such person, and such person violates such order.

(b) Criminal violation of a standing criminal restraining order is a class D felony.

Sec. 3. (NEW) When any person against whom a standing criminal restraining order has been issued pursuant to subsection (a) of section 1 of this act is released from confinement in a correctional institution, the Commissioner of Correction shall notify such person of the existence of the standing criminal restraining order against him, the terms of the order and the penalty for violation of the order and the commissioner shall provide such person with a copy of the order. If such person is released on parole or probation, the parole or probation officer shall, at the end of such term of parole or probation, remind such person of the existence of the standing criminal restraining order against him, the terms of the order and the penalty for violation of the order and the parole or probation officer shall provide such person with a copy of the order.

Approved June 6, 1996. Effective October 1, 1996.

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