Connecticut 2013 Regular Session

Connecticut House Bill HB06696 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 6696
2		-	January Session, 2013 _____HB06696JUD___041913____
	1	+	General Assembly Raised Bill No. 6696
	2	+	January Session, 2013 LCO No. 5425
	3	+	05425_______JUD
	4	+	Referred to Committee on JUDICIARY
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 6696
	10	+	Raised Bill No. 6696
7	11
8	12		January Session, 2013
9	13
10		-	~~_____HB06696JUD___041913____~~
	14	+	LCO No. 5425
11	15
12		-	AN ACT CONCERNING THE PROSECUTION AND PREVENTION OF TRAFFICKING IN PERSONS.
	16	+	05425_______JUD
	17	+
	18	+	Referred to Committee on JUDICIARY
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
	23	+
	24	+	AN ACT CONCERNING ENHANCED STATE EFFORTS TO PREVENT HUMAN TRAFFICKING.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16	28		Section 1. Section 53a-192a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
17	29
18		-	(a) A person is guilty of trafficking in persons when such person [commits] compels or induces another person to engage in conduct involving more than one occurrence of sexual contact with one or more third persons, or provide labor or services that such person has a legal right to refrain from providing, by means of (1) ~~the~~ use of force ~~against such other person or a third person, or by the threat of use of force against such other person or a third person~~, (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, or (2) provide labor or services.~~] For the purposes of this subsection, "sexual contact" has the meaning provided in section 53a-65.~~
	30	+	(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.
19	31
20	32		(b) Trafficking in persons is a class B felony.
21	33
22		-	Sec. 2. Section 53a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
23		-
24		-	(a) A person sixteen years of age or older is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.
25		-
26		-	(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor was [coerced into committing such offense] a victim of conduct by another person [in] that constitutes a violation of section 53a-192a, as amended by this act.
27		-
28		-	(c) In any prosecution of a person sixteen or seventeen years of age for an offense under this section, there shall be a presumption that the actor was [coerced into committing such offense] a victim of conduct by another person [in] that constitutes a violation of section 53a-192a, as amended by this act.
29		-
30		-	(d) Nothing in this section shall limit a person's right to assert the defense of duress pursuant to section 53a-14 in any prosecution for an offense under this section.
31		-
32		-	[(d)] (e) Prostitution is a class A misdemeanor.
33		-
34		-	Sec. 3. Section 53a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
	34	+	Sec. 2. Section 53a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
35	35
36	36		(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.
37	37
38		-	(b) [Patronizing] Except as provided in ~~subsection~~ (c) of this section, patronizing a prostitute is a class A misdemeanor.
	38	+	(b) [Patronizing] Except as provided in subsections (c) and (d) of this section, patronizing a prostitute is a class A misdemeanor.
39	39
40		-	(c) Patronizing a prostitute ~~is a class B felony if~~ such person ~~knew or reasonably should have known at the time of the offense that such other person (1) had~~ not attained eighteen years of age~~, or (2) was the victim of conduct of another person that would constitute trafficking in persons in violation of section 53a-192a, as amended by this act~~.
	40	+	(c) Patronizing a prostitute knowing that such person has not attained eighteen years of age is a class B felony.
41	41
42		-	~~Sec. 4.~~ (~~NEW~~) ~~(Effective October 1, 2013) At any time after~~ a judgment of conviction is entered pursuant to section 53a-82 of the general statutes, as amended by this act, the defendant may apply to the Superior Court to vacate the judgment of conviction on the basis that ~~the defendant was~~ a victim of ~~conduct of another person that constitutes~~ trafficking ~~in persons under section 53a-192a of the general statutes, as amended by this act, or under 18 USC 1591, at the time of the offense. Prior to rendering~~ a decision on a defendant's application to vacate the judgment of conviction, 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 under either of said sections at the time of the offense, the court shall vacate the judgment of conviction and dismiss any charges related to the offense.
	42	+	(d) Patronizing a prostitute knowing that such person is a victim of human trafficking is a class B felony.
43	43
44		-	Sec. 5. (Effective from passage) (a) There is established a task force to study data relating to trafficking in persons offenses in this state. The task force shall examine the provisions of the general statutes related to trafficking in persons and identify deficiencies, if any, in the general statutes. If the task force identifies deficiencies in the provisions of the general statutes related to trafficking in persons, the task force shall recommend amendments to the general statutes related to trafficking in persons to enhance statutory protections for victims of trafficking in persons.
	44	+	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.
	45	+
	46	+	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.
45	47
46	48		(b) The task force shall consist of the following members:
47	49
48		-	(1) The speaker of the House of Representatives~~, or a designee~~;
	50	+	(1) The speaker of the House of Representatives;
49	51
50		-	(2) The president pro tempore of the Senate~~, or a designee~~;
	52	+	(2) The president pro tempore of the Senate;
51	53
52		-	(3) The minority leader of the House of Representatives~~, or a designee~~;
	54	+	(3) The minority leader of the House of Representatives;
53	55
54		-	(4) The minority leader of the Senate~~, or a designee;~~
	56	+	(4) The minority leader of the Senate;
55	57
56		-	(5) One ~~member~~ appointed by the speaker of the House of Representatives who shall be a municipal police officer;
	58	+	(5) One appointed by the speaker of the House of Representatives who shall be a municipal police officer;
57	59
58	60		(6) The Commissioner of Emergency Services and Public Protection, or the commissioner's designee;
59	61
60	62		(7) The Commissioner of Children and Families, or the commissioner's designee;
61	63
62	64		(8) The Chief State's Attorney, or the Chief State's Attorney's designee;
63	65
64	66		(9) The Victim Advocate; and
65	67
66		-	(10) Two persons appointed by the Governor with expertise in issues relating to trafficking ~~in persons~~ in this state.
	68	+	(10) Two persons appointed by the Governor with expertise in issues relating to human trafficking in this state.
67	69
68	70		(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.
69	71
70	72		(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.
71	73
72	74		(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.
73	75
74		-	(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 it submits such report or January 1, 2014, whichever is later.
	76	+	(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.
75	77
76	78
77	79
78	80
79	81		This act shall take effect as follows and shall amend the following sections:
80	82		Section 1 October 1, 2013 53a-192a
81		-	Sec. 2 October 1, 2013 53a-82
82		-	Sec. 3 October 1, 2013 53a-83
83		-	Sec. 4 October 1, 2013 New section
84		-	Sec. 5 from passage New section
	83	+	Sec. 2 October 1, 2013 53a-83
	84	+	Sec. 3 October 1, 2013 New section
	85	+	Sec. 4 from passage New section
85	86
86	87		This act shall take effect as follows and shall amend the following sections:
87	88
88	89		Section 1
89	90
90	91		October 1, 2013
91	92
92	93		53a-192a
93	94
94	95		Sec. 2
95	96
96	97		October 1, 2013
97	98
98		-	53a-82
	99	+	53a-83
99	100
100	101		Sec. 3
101	102
102	103		October 1, 2013
103	104
104		-	~~53a-83~~
	105	+	New section
105	106
106	107		Sec. 4
107		-
108		-	October 1, 2013
109		-
110		-	New section
111		-
112		-	Sec. 5
113	108
114	109		from passage
115	110
116	111		New section
117	112
	113	+	Statement of Purpose:
118	114
	115	+	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.
119	116
120		-	JUD Joint Favorable Subst.
121		-
122		-	JUD
123		-
124		-	Joint Favorable Subst.
	117	+	[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.]