General Assembly Raised Bill No. 6696
January Session, 2013 LCO No. 5425
*05425_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6696
January Session, 2013
LCO No. 5425
*05425_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING ENHANCED STATE EFFORTS TO PREVENT HUMAN TRAFFICKING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 53a-192a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) A person is guilty of trafficking in persons when such person [commits] by means of (1) a threat of force or use of force, (2) fraud, or (3) coercion as provided in section 53a-192, [and the other person is compelled or induced to (1) engage in conduct that constitutes a violation of section 53a-82] compels or induces another person to (A) engage in conduct involving sexual contact, as defined in section 53a-65, or [(2)] (B) provide labor or services.
(b) Trafficking in persons is a class B felony.
Sec. 2. Section 53a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) A person is guilty of patronizing a prostitute when: (1) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) he pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) he solicits or requests another person to engage in sexual conduct with him in return for a fee.
(b) [Patronizing] Except as provided in subsections (c) and (d) of this section, patronizing a prostitute is a class A misdemeanor.
(c) Patronizing a prostitute knowing that such person has not attained eighteen years of age is a class B felony.
(d) Patronizing a prostitute knowing that such person is a victim of human trafficking is a class B felony.
Sec. 3. (NEW) (Effective October 1, 2013) At any time after an order of conviction is entered pursuant to section 53a-82 of the general statutes, the defendant may apply to the Superior Court to have such order vacated on the basis that such defendant was a victim of trafficking in persons under section 53a-192a of the general statutes, as amended by this act, or under the federal Trafficking Victims Protection Act, 22 USC 7101 et seq., at the time of the offense and was coerced into committing such offense. Prior to rendering a decision on a defendant's application to vacate such order, the court shall afford the prosecutor a reasonable opportunity to investigate the defendant's claim and an opportunity to be heard to contest the defendant's application. If the court finds that the defendant was a victim of trafficking in persons at the time of the offense and was coerced into committing such offense, the court shall vacate the order of conviction and dismiss any charges related to the offense.
Sec. 4. (Effective from passage) (a) There is established a task force to study data relating to human trafficking in the state. The study shall include an examination of deficiencies in state law relating to human trafficking along with recommendations to enhance statutory protections prohibiting human trafficking.
(b) The task force shall consist of the following members:
(1) The speaker of the House of Representatives;
(2) The president pro tempore of the Senate;
(3) The minority leader of the House of Representatives;
(4) The minority leader of the Senate;
(5) One appointed by the speaker of the House of Representatives who shall be a municipal police officer;
(6) The Commissioner of Emergency Services and Public Protection, or the commissioner's designee;
(7) The Commissioner of Children and Families, or the commissioner's designee;
(8) The Chief State's Attorney, or the Chief State's Attorney's designee;
(9) The Victim Advocate; and
(10) Two persons appointed by the Governor with expertise in issues relating to human trafficking in this state.
(c) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(d) The task force shall select a chairperson from among its membership. The chairperson shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
(e) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary shall serve as administrative staff of the task force.
(f) Not later than January 1, 2014, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2014, whichever is later.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 53a-192a
Sec. 2 October 1, 2013 53a-83
Sec. 3 October 1, 2013 New section
Sec. 4 from passage New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
53a-192a
Sec. 2
October 1, 2013
53a-83
Sec. 3
October 1, 2013
New section
Sec. 4
from passage
New section
Statement of Purpose:
To (1) revise the statutory criteria relating to the criminal offense of trafficking in persons, (2) increase criminal penalties for persons who patronize a prostitute who is under eighteen years of age or a victim of human trafficking, (3) allow the Superior Court to vacate criminal convictions for prostitution involving victims of human trafficking, and (4) establish a task force that will study the implementation of state initiatives designed to reduce and prevent human trafficking.
[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.]