AN ACT CONCERNING THE RESPONSIBILITIES AND DUTIES OF THE STATE MARSHAL COMMISSION, THE STATE MARSHALS ADVISORY BOARD AND STATE MARSHALS.

Substitute Senate Bill No. 291

Public Act No. 26-80

AN ACT CONCERNING THE RESPONSIBILITIES AND DUTIES OF
THE STATE MARSHAL COMMISSION, THE STATE MARSHALS
ADVISORY BOARD AND STATE MARSHALS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 6-38b of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2026):
(a) There is established a State Marshal Commission [which] to
oversee the state marshal system. The functions of the commission shall
include, but not be limited to, promoting a professional and effective
state marshal system to provide competent service of process and
execution throughout the counties of the stat e; establishing and
applying appropriate standards of conduct and competence; recruiting,
vetting and appointing qualified and suitable individuals to serve as
state marshals; establishing and ove rseeing appropriate training and
continuing education, within available appropriations; supporting and
administering such operational, administrative and programmatic
systems related to state marshals; and taking such actions as are
necessary to maintain t he proper and efficient administration of the
state marshal system. The commission shall consist of eight members
appointed as follows: (1) The Chief Justice shall appoint one member
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who shall be a judge of the Superior Court; (2) the speaker of the House
of Representatives, the president pro tempore of the Senate, the majority
and minority leaders of the House of Representatives and the majority
and minority leaders of the Senate shall each appoint one member; and
(3) the Governor shall appoint one member who shall serve as
chairperson. Of the seven members appointed pursuant to subdivisions
(2) and (3) of this subsection, no more than four of such members may
be members of any state b ar. No member of the commission shall be a
state marshal, except that two state marshals appointed by the State
Marshals Advisory Board in accordance with section 6-38c, as amended
by this act, shall serve as ex -officio, nonvoting members of the
commission.
(b) The chairperson shall serve for a three -year term and all
appointments of members to replace those whose terms expire shall be
for terms of three years.
(c) If any vacancy occurs on the commission, the appointing authority
having the power to make the initial appointment under the provisions
of this section shall appoint a person for the unexpired term in
accordance with the provisions of this section.
(d) Members shall serve without compensation but shall be
reimbursed for actual expenses incurred while engaged in the duties of
the commission.
(e) A majority of the membership of the commission shall constitute
a quorum. The affirmative vote of at least a majority of the members of
the commission present and voting shall be required for any action by
the commission, and no action of the commission may pass by a tie vote.
(f) The commission shall develop and maintain materials for the
purpose of the orientation of new members of the commission. Such
materials shall be consistent with the provisions of this section and
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provide a summary and overview of the role and authority of the State
Marshal Commission and the process for the appointment of state
marshals. The commission shall coordinate with the State Marshals
Advisory Board to provide opportunities for new members of the
commission to observe the performance of actual service of process,
evictions and the restraining order duty of state marshals.
[(e)] (g) The commission, in consultation with the State Marshals
Advisory Board, shall (1) adopt regulations in accordance with the
provisions of chapter 54 to establish professional standards, including
training requirements, residency requirements, minimum fees for
execution and service of process, and for state marshals over the age of
seventy-two, fitness for duty and annual certification requirements, and
(2) implement policies and procedure s to increase state marshal
participation in the serving of capias mittimus orders. Such policies and
procedures may require that at all times a certain minimum percentage
of the overall number of state marshals be actively engaged in the
service of capias mittimus orders. The costs of any fitness for duty
certification adopted by the commission pursuant to this section shall
be at the expense of the state marshal.
[(f)] (h) The commission shall be responsible for the equitable
assignment of service of restraining orders and civil protection orders to
the state marshals in each county and ensure that such restraining
orders and civil protection orders are served expeditiously. Failure of
any state marshal to accept for service any restraining order or civil
protection order assigned by the commission or to serve such
restraining order or civil protection order expeditiously without good
cause shall be sufficient for t he convening of a hearing for removal
under subsection [(i)] (l) of this section.
[(g)] (i) Any vacancy in the position of state marshal in any county as
provided in section 6 -38 shall be filled by the commission with an
applicant (1) who shall be an elector in the county where such vacancy
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occurs, [and] (2) whose permanent place of abode, domicile and
residence is in the county where such vacancy occurs, and (3) who is not
otherwise disqualified under any of the conditions contained in section
7-291c or subsection (c) of section 29 -161h. The commission may give
preference to applicants who are able to serve on a full -time basis, or
who demonstrate good-faith intent and ability to transition to service on
a full -time basis within a reasonable period after appointment. For
purposes of this subs ection, "full -time basis" means the ability to be
regularly and consistently available on weekdays during court hours to
perform service of process and executions, and other statutory duties of
a state marshal. Any applicant for such vacancy shall be subject to the
application, examination, bonding , [and] investigation, interview and
training requirements of the commission.
(j) (1) Before commencing an examination or recruitment process to
make new appointments of state marshals, the commission shall consult
with the State Marshals Advisory Board regarding the need for
additional state marshals in the various counties. The commission shall
establish, prior to such examination or recruitment, the number of state
marshals to be appointed in each county during such recruitment
process, which may be adjusted to account for additional vacancies
created by resignation or retirement of current marshals during such
recruitment process. Such number established by the commission shall
be voted on and recorded in the minutes of a commission meeting.
(2) The commission shall establish interview committees for the
purpose of interviewing the most suitable candidates for appointment.
Any interview committee established under this subdivision may
include a member who is a state marshal. The interview committee shall
conduct interviews of such candidates. The interview committee shall
review the applications, examination results and investigation materials
of candidates to be interviewed for appointment as a state marshal. Such
interview committees shall re port their recommendations to the full
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commission.
(3) The commission shall approve candidates to enter training prior
to appointment. The commission shall provide one state -wide training
program for such candidates. The training program shall include in -
person classroom instruction and supervised field in struction.
Classroom instruction shall be developed and conducted by a qualified
vendor approved by the commission. Field instruction shall be
conducted by experienced state marshals approved by the commission.
The training program shall be comprehensive a nd shall cover subjects
relating to the statutory duties and responsibilities of state marshals.
(4) Candidates approved for appointment by the commission shall be
sworn into office at a public ceremony on a date determined by the
commission.
[(h)] (k) Except as provided in section 6 -38f, as amended by this act ,
no person may be a state marshal and a state employee at the same time.
This subsection does not apply to any person who was both a state
employee and a deputy sheriff or special deputy sheriff on April 27,
2000.
[(i)] (l) No state marshal may be removed except by order of the
commission for cause after due notice and hearing.
[(j)] (m) The commission, in consultation with the Judicial
Department, shall adopt rules as it deems necessary for conduct of its
internal affairs, including, but not limited to, rules that provide for: (1)
The provision of timely, consistent and reliable access to a state marshal
for persons applying for a restraining order or civil protection order
under chapter 815a; (2) the provision of services to persons with limited
English proficiency; (3) the provision of services to persons who are deaf
or hard o f hearing; (4) service of process that is a photographic copy,
micrographic copy or other electronic image of an original document
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that clearly and accurately copies such original document , as provided
in section 52-50a; and (5) timely payment, as described in section 4a-71,
from the Judicial Department to state marshals.
[(k)] (n) The commission shall adopt regulations, in accordance with
the provisions of chapter 54, for the application, examination, bonding
and investigation requirements for filling vacancies in the position of
state marshal.
[(l)] (o) The commission shall issue not less than quarterly
administrative bulletins to state marshals relating to topics concerning
service of process and legal execution. The subject matter of topics
contained in such bulletins shall include, but not be limited t o: (1)
Changes to state law affecting the duties of state marshals; (2) topics that
refresh state marshals' knowledge in subject matter areas affecting their
duties; (3) topics concerning the safety of state marshals; (4) topics
concerning the professionalism of state marshals when interacting with
the public; and (5) topics relating to the nature of complaints filed
against state marshals with the State Marshal Commission.
(p) Not later than January 1, 2027, and annually thereafter, the State
Marshal Commission shall submit a report, in accordance with the
provisions of section 11 -4a, to the joint standing committee of the
General Assembly having cognizance of matters relati ng to the
judiciary. Such report shall address and include the following: (1) State
marshal workforce and turnover data, including the number of state
marshals who resigned, retired or died in office during the preceding
period, and the number on voluntary inactive status and the duration of
such status; (2) the number of state marshals in each county and age
distribution by county; (3) state marshal recruitment and appointment
information, including the commission's recruitment plan, the number
of applican ts, the number who passed or failed an examination
administered in the preceding period and demographics of any
appointments made in each county; (4) the proportion of state marshals
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serving on a full -time basis, as defined in subsection (i) of this section,
versus those state marshals not serving on a full-time basis; (5) training
and professional development information, including summaries of the
training programs for new and current state marshals and any material
changes made in the preceding period; and (6) a summary of any
policies, rules or directives adopted or modified by the commission
during the preceding period.
[(m)] (q) The commission shall be within the Department of
Administrative Services [, provided] for administrative purposes only
and the commission shall have independent decision-making authority.
(r) Nothing in this section shall be construed to limit the authority or
responsibility of the commission to take actions necessary to implement
the provisions of this section.
Sec. 2. Section 6-38c of the 2026 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(a) There is established a State Marshals Advisory Board which shall
consist of twenty -four state marshals to advise and make
recommendations to the State Marshal Commission and to consider
matters referred to it from the commission. Annually, between
November first and November twentieth of each year, the state
marshals in each county shall elect from among the state marshals in
their county the following number of state marshals to serve on the
board: Hartford, New Haven and Fairfield counties, four state marshals;
New London and Litchfield counties, three state marshals; and Tolland,
Middlesex and Windham counties, two state marshals. State marshals
elected to serve on the board shall serve for a term of one year and may
be reelected. The State Marshals Advisory Board shall be the judge of
the county elections, returns and qualifications of its own members.
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(b) The State Marshals Advisory Board shall adopt rules as the board
deems necessary for the conduct of [its] elections and internal affairs,
which rules shall continue in effect from year to year, as amended from
time to time. Such rules shall include procedures for (1) the
administration of county elections, and (2) the selection of a chairperson
and other officers, as may be necessary, from the members of the board
elected pursuant to subsection (a) of this section.
(c) Annually, in the month of December, the State Marshals Advisory
Board shall hold a meeting and select two state marshals to be appointed
as ex-officio members of the State Marshal Commission, in accordance
with the provisions of section 6 -38b, as amended by this act, for a term
of one year or until a successor is appointed and has qualified . If any
vacancy occurs in such appointments, the State Marshals Advisory
Board shall appoint a state marshal to fill the remainder of the unexpired
term.
Sec. 3. Section 52 -261 of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2026):
(a) Except as provided in subsection (b) of this section and section 52-
261a, each officer or person who serves process, summons or
attachments on behalf of: (1) An official of the state or any of its agencies,
boards or commissions, or any municipal offic ial acting in his or her
official capacity, shall receive a fee of not more than fifty dollars for each
process served and an additional fee of fifty dollars for the second and
each subsequent service of such process, except that such officer or
person sha ll receive an additional fee of twenty dollars for each
subsequent service of such process at the same address or for
notification of the office of the Attorney General in dissolution and
postjudgment proceedings if a party or child is receiving public
assistance; and (2) any person, except a person described in subdivision
(1) of this subsection, shall receive a fee of not more than fifty dollars for
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each process served and an additional fee of fifty dollars for the second
and each subsequent service of such process, except that such officer or
person shall receive an additional fee of twenty dollars for each
subsequent service of such process at the s ame address or for
notification of the office of the Attorney General in dissolution and
postjudgment proceedings if a party or child is receiving public
assistance. Each such officer or person shall also receive the fee set by
the Department of Administrative Services for state employees for each
mile of travel, subject to adjustment within thirty days of any revision
to the federal General Services Administration mileage reimbursement
rate, to be computed from the place where such officer or person
received the process to the place of service, and thence in the case of civil
process to the place of return. If more than one process is served on one
person at one time by any such officer or person, the total cost of travel
for the service shall be the same a s for the service of one process only,
except, if an officer or person is requested by the court or required by
law to effectuate in -hand personal service, or for service pursuant to
subsection (h) of section 46b-15 or subsection (d) of section 46b-16a, such
officer or person shall receive the fee set by the Department of
Administrative Services for state employees for each mile of travel,
subject to adjustment within thirty days of any revision to the federal
General Services Administration mileage reimbur sement rate, of each
round trip traveled while attempting to effectuate in -hand personal
service, to be computed from the place where the process was received
to the place of attempted service, and if multiple trips to effectuate
service are made, back to the place where process was received and then
to the place of the subsequent attempt at service, and thence in the case
of civil process to the place of return provided the officer or person shall
state in the return of service that in-hand personal service was requested
or required, or that in -hand service was made pursuant to subsection
(h) of section 46b -15 or subsection (d) of section 46b -16a, and that
multiple trips were necessary to effectuate in-hand personal service. The
officer or person requesting the receipt of such round trip travel shall
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make out a bill reciting the dates, times and results of each trip the
officer or person traveled while attempting to effectuate in -hand
personal service. The officer or person requesting the receipt of such fees
for attempted round trip travel may only re ceive such fees from the
Judicial Department when ordered by the court or by law to effectuate
in-hand personal service and only when such in -hand personal service
is effectuated, when in -hand personal service of process is made
pursuant to subsection (h) of section 46b-15 or subsection (d) of section
46b-16a. Such payment from the Judicial Department of attempted
round trip travel for in-hand service of process may be limited to three
round trips, provided nothing in this section shall limit payment of a
greater amount from the Judicial Department to an officer or person
serving process. For service made pursuant to subsection (h) of section
46b-15 and subsection (d) of section 46b-16a, which was not effectuated
in-hand, regardless of any attempts to effect uate service in -hand, the
mileage fee shall be from the place where the process was received to
the place of service, and thence in the case of civil process to the place of
return. Where the court allows an applicant additional time to make
service under subsection (c) of section 46b-15 or subsection (e) of section
46b-16a, for purposes of calculating the mileage fee for multiple trips,
such extra time will be considered a continuation of the original
attempts at service. Each officer or person who serves process shall also
receive the moneys actually paid for town clerk's fees on the service of
process. Each officer or person who serves process shall also receive the
moneys actually paid for fees for the disclosure or search of records of
the Department of Motor Vehicles in connection with the service of
process. Any officer or person required to summon jurors by personal
service of a warrant to attend court shall receive for the first ten miles of
travel while so engaged, such mileage to be computed from t he place
where such officer or person receives the process to the place of service,
twenty-five cents for each mile, and for each additional mile, ten cents.
For summoning any juror to attend court otherwise than by personal
service of the warrant, such officer or person shall receive only the sum
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of fifty cents and actual disbursements necessarily expended by such
officer or person in making service thereof as directed. Notwithstanding
the provisions of this section, for summoning grand jurors, such officer
or person shall receive only such officer 's or person's actual expenses
and such reasonable sum for services as are taxed by the court. The
following fees shall be allowed and paid: (A) For taking bail or bail
bond, one dollar; (B) for copies of writs and complaints, exclusive of
endorsements, one dollar per page, not to exceed a total amount of nine
hundred dollars in any particular matter; (C) for endorsements, fifty
cents per page or fraction thereof; (D) for service of a warrant for the
seizure of intoxicating liquors, or for posting and leavi ng notices after
the seizure, or for the destruction or delivery of any such liquors under
order of court, twenty dollars; (E) for the removal and custody of such
liquors so seized, reasonable expenses, and twenty dollars; (F) for the
levy of an execution, when the money is actually collected and paid
over, or the debt or a portion of the debt is secured by the officer, fifteen
per cent on the amount of the execution or portion thereof, provided the
minimum fee for such execution shall be fifty dollars; (G) on the levy of
an execution on real property and on application for sale of personal
property attached, to each appraiser, for each half day of actual service,
reasonable and customary expenses; (H) for causing an execution levied
on real property to be recorded, fees for travel, twenty dollars and costs;
(I) for services on an application for the sale of personal property
attached, or in selling mortgaged property foreclosed under a decree of
court, the same fees as for similar services on executions; (J) for
committing any person to a community correctional center, in civil
actions, the fee set by the Department of Administrative Services for
state employees for each mile of travel, from the place of the court to the
community correctional center; (K) for summoning and attending a jury
for reassessing damages or benefits on a highway, three dollars a day;
(L) for any recording for which the recording fee is not otherwise
prescribed by law, fifty dollars, costs and the fee set by the Department
of Administrative Services for state employees for each mile of travel;
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and (M) for postage or international mailing costs incurred pursuant to
a court order, actual expenses. The court shall tax as costs a reasonable
amount for the care of property held by any officer under attachment or
execution. The officer serving any att achment or execution may claim
compensation for time and expenses of any person, in keeping, securing
or removing property taken thereon, provided such officer shall make
out a bill. The bill shall specify the labor done, and by whom, the time
spent, the travel, the money paid, if any, and to whom and for what. The
compensation for the services shall be reasonable and customary and
the amount of expenses and shall be taxed by the court with the costs.
(b) Each officer or person shall receive the following fees: (1) For
service and scheduling of an execution on a summary process judgment,
or a foreclosure ejectment, not more than one hundred fifty dollars and
the fee set by the Department of Administrative Services for state
employees for each mile of travel ; (2) for removal under section 47a -42
of a defendant or other occupant bound by a summary process
judgment, and the possessions and personal effects of such defendant
or other occupant, not more than one hundred fifty dollars per hour and
the fee set by the Department of Administrative Services for state
employees for each mile of travel; (3) for removal and taking of an
inventory of possessions and personal effects of a defendant or other
occupant bound by a summary process judgment under section 47a-42a,
not more than one hundred fifty dollars per hour and the fee set by the
Department of Administrative Services for state employees for each
mile of travel; (4) for removal under section 49-22 of a defendant or other
occupant bound by a foreclosure judgment, and the possessions and
personal effects of such defendant or other occupant, not more than one
hundred fifty dollars per hour and the fee set by the Department of
Administrative Services for state employees for each mile of travel; and
(5) for any execution or ejectment, the officer or person serving such
execution or ejectment may claim compensation for time and expenses
of any mover, locksmith or any other individual, in keeping, securing or
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removing property and the transportation incidental to such execution
[of] or ejectment, provided such officer or person shall make out a bill.
The bill shall specify the labor done, and by whom, the time spent, the
travel, the money paid, if any, and to whom and for what.
Sec. 4. Section 6-38d of the 2026 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
No state marshal shall (1) knowingly bill for, or receive fees for, work
that such state marshal did not actually perform, (2) allow another
person to serve process in the place of such state marshal, or (3)
knowingly make a false or illegal return of process. Any violation of this
section without good cause shall be sufficient for the convening of a
commission hearing concerning removal of the state marshal under
subsection [(i)] (l) of section 6-38b, as amended by this act.
Sec. 5. Subsection (c) of section 6-38f of the general statutes is repealed
and the following is substituted in lieu thereof (Effective October 1, 2026):
(c) Except as provided in subsection (a) of this section, for purposes
of the State Marshal Commission filling any vacancy in the position of
state marshal in any county in accordance with subsection [(g)] (i) of
section 6-38b, as amended by this act, the State Marshal Commission
shall not fill a vacancy in any county if the total number of state marshals
in such county is equal to or exceeds the number allowed under section
6-38.