General Assembly |
File No. 759 |
January Session, 2009 |
Senate, April 21, 2009
The Committee on Judiciary reported through SEN. MCDONALD of the 27th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING THE TOLLING OF TIME PERIODS FOR BRINGING A CIVIL ACTION WHILE POLICE INVESTIGATIONS ARE PENDING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2009) (a) In any civil action in which the state police, a local police department or other law enforcement agency has conducted an investigation of any factual circumstances underlying the claim and the report of such investigation has not been made public within thirty days of the act or omission complained of, any applicable time period for bringing such action shall be tolled until (1) one year after the date of the act or omission complained of, or (2) the date such department or agency makes the report of such investigation public, whichever is earlier.
(b) For the purposes of this section, (1) "time period for bringing such action" includes any statute of limitation, any statute of repose, any period for providing notice and any other statutory, regulatory or common law time period that provides a time limit for the initiation of a legal action or claim, and (2) a report shall be deemed to be made public when it is released to the public or a supervisor signs the report indicating its completion.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2009 |
New section |
JUD |
Joint Favorable Subst. |
The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
Explanation
The bill tolls, under certain conditions, the statute of limitations for civil actions. There is no related fiscal impact.
The Out Years
OLR Bill Analysis
AN ACT CONCERNING THE TOLLING OF TIME PERIODS FOR BRINGING A CIVIL ACTION WHILE POLICE INVESTIGATIONS ARE PENDING.
This bill tolls any applicable time period for bringing a civil action when the State Police, local police department, or other law enforcement agency has conducted an investigation of factual circumstances underlying the claim and the report has not been made public within 30 days of the act or omission that is the basis of the action.
It tolls any statute of limitation; statute of repose; period for providing notice; and other statutory, regulatory, or common law time period that limits the time to bring a legal action or claim until the earlier of:
1. one year after the date of the act or omission or
2. the date the report is released to the public or a supervisor signs it indicating its completion.
EFFECTIVE DATE: October 1, 2009
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea |
41 |
Nay |
1 |
(04/03/2009) |