LCO No. 6518 1 of 36 General Assembly Raised Bill No. 7396 January Session, 2019 LCO No. 6518 Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT CONCERNING PA RITY BETWEEN SEXUAL ASSAULT IN THE CASE OF A SPOUSA L OR COHABITATING RE LATIONSHIP AND OTHER CRIMES OF SEXU AL ASSAULT AND CONCE RNING THE INVESTIGATION OF A FAMILY VIOLENCE CRIME . Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (a) of section 10a-55a of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective 2 October 1, 2019): 3 (a) On or before October 1, 1991, and annually thereafter, each 4 institution of higher education shall prepare in such manner as the 5 president of the Connecticut State Colleges and Universities shall 6 prescribe a uniform campus crime report concerning crimes committed 7 in the immediately preceding calendar year within the geographical 8 limits of the property owned or under the control of such institution. 9 Such report shall be in accordance with the uniform crime reporting 10 system pursuant to section 29-1c, provided such report is limited to 11 those offenses included in part I of the most recently published edition 12 of the Uniform Crime Reports for the United States as authorized by 13 the Federal Bureau of Investigation and the United States Department 14 of Justice, sexual assault under section 53a-70b of the general statutes, 15 Raised Bill No. 7396 LCO No. 6518 2 of 36 revision of 1958, revised to January 1, 2019, committed prior to October 16 1, 2019, or sections 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b 17 and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e 18 and family violence as designated under section 46b-38h, as amended 19 by this act. The state police, local police departments and special police 20 forces established pursuant to section 10a-156b, as amended by this 21 act, shall cooperate with institutions of higher education in preparing 22 such reports. Institutions with more than one campus shall prepare 23 such reports for each campus. 24 Sec. 2. Subdivision (5) of subsection (a) of section 10a-55m of the 25 general statutes is repealed and the following is substituted in lieu 26 thereof (Effective October 1, 2019): 27 (5) "Intimate partner violence" means any physical or sexual harm 28 against an individual by a current or former spouse of or person in a 29 dating relationship with such individual that results from any action 30 by such spouse or such person that may be classified as a sexual 31 assault under section 53a-70b of the general statutes, revision of 1958, 32 revised to January 1, 2019, committed prior to October 1, 2019, or 33 section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, 34 stalking under section 53a-181c, 53a-181d or 53a-181e, or family 35 violence as designated under section 46b-38h, as amended by this act; 36 Sec. 3. Subsection (j) of section 17a-112 of the general statutes is 37 repealed and the following is substituted in lieu thereof (Effective 38 October 1, 2019): 39 (j) The Superior Court, upon notice and hearing as provided in 40 sections 45a-716 and 45a-717, as amended by this act, may grant a 41 petition filed pursuant to this section if it finds by clear and convincing 42 evidence that (1) the Department of Children and Families has made 43 reasonable efforts to locate the parent and to reunify the child with the 44 parent in accordance with subsection (a) of section 17a-111b, unless the 45 court finds in this proceeding that the parent is unable or unwilling to 46 benefit from reunification efforts, except that such finding is not 47 Raised Bill No. 7396 LCO No. 6518 3 of 36 required if the court has determined at a hearing pursuant to section 48 17a-111b, or determines at trial on the petition, that such efforts are not 49 required, (2) termination is in the best interest of the child, and (3) (A) 50 the child has been abandoned by the parent in the sense that the parent 51 has failed to maintain a reasonable degree of interest, concern or 52 responsibility as to the welfare of the child; (B) the child (i) has been 53 found by the Superior Court or the Probate Court to have been 54 neglected, abused or uncared for in a prior proceeding, or (ii) is found 55 to be neglected, abused or uncared for and has been in the custody of 56 the commissioner for at least fifteen months and the parent of such 57 child has been provided specific steps to take to facilitate the return of 58 the child to the parent pursuant to section 46b-129 and has failed to 59 achieve such degree of personal rehabilitation as would encourage the 60 belief that within a reasonable time, considering the age and needs of 61 the child, such parent could assume a responsible position in the life of 62 the child; (C) the child has been denied, by reason of an act or acts of 63 parental commission or omission including, but not limited to, sexual 64 molestation or exploitation, severe physical abuse or a pattern of 65 abuse, the care, guidance or control necessary for the child's physical, 66 educational, moral or emotional well-being, except that nonaccidental 67 or inadequately explained serious physical injury to a child shall 68 constitute prima facie evidence of acts of parental commission or 69 omission sufficient for the termination of parental rights; (D) there is 70 no ongoing parent-child relationship, which means the relationship 71 that ordinarily develops as a result of a parent having met on a day-to-72 day basis the physical, emotional, moral and educational needs of the 73 child and to allow further time for the establishment or 74 reestablishment of such parent-child relationship would be 75 detrimental to the best interest of the child; (E) the parent of a child 76 under the age of seven years who is neglected, abused or uncared for, 77 has failed, is unable or is unwilling to achieve such degree of personal 78 rehabilitation as would encourage the belief that within a reasonable 79 period of time, considering the age and needs of the child, such parent 80 could assume a responsible position in the life of the child and such 81 parent's parental rights of another child were previously terminated 82 Raised Bill No. 7396 LCO No. 6518 4 of 36 pursuant to a petition filed by the Commissioner of Children and 83 Families; (F) the parent has killed through deliberate, nonaccidental act 84 another child of the parent or has requested, commanded, importuned, 85 attempted, conspired or solicited such killing or has committed an 86 assault, through deliberate, nonaccidental act that resulted in serious 87 bodily injury of another child of the parent; or (G) the parent 88 committed an act that constitutes sexual assault as described in section 89 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or 90 compelling a spouse or cohabitor to engage in sexual intercourse by 91 the use of force or by the threat of the use of force as described in 92 section 53a-70b of the general statutes, revision of 1958, revised to 93 January 1, 2019, committed prior to October 1, 2019, if such act resulted 94 in the conception of the child. 95 Sec. 4. Subsection (c) of section 17b-749k of the general statutes is 96 repealed and the following is substituted in lieu thereof (Effective 97 October 1, 2019): 98 (c) The commissioner shall have the discretion to refuse payments 99 for child care under any financial assistance program administered by 100 him or her if the person or relative providing such child care has been 101 convicted in this state or any other state of a felony, as defined in 102 section 53a-25, involving the use, attempted use or threatened use of 103 physical force against another person, of cruelty to persons under 104 section 53-20, injury or risk of injury to or impairing morals of children 105 under section 53-21, abandonment of children under the age of six 106 years under section 53-23 or any felony where the victim of the felony 107 is a child under eighteen years of age, or of a violation of section 53a-108 70b of the general statutes, revision of 1958, revised to January 1, 2019, 109 committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-110 70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record or 111 was the subject of a substantiated report of child abuse in this state or 112 any other state that the commissioner reasonably believes renders the 113 person or relative unsuitable to provide child care. 114 Sec. 5. Subsection (a) of section 19a-87a of the general statutes is 115 Raised Bill No. 7396 LCO No. 6518 5 of 36 repealed and the following is substituted in lieu thereof (Effective 116 October 1, 2019): 117 (a) The Commissioner of Early Childhood shall have the discretion 118 to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a-119 82 to 19a-87, inclusive, a person to conduct, operate or maintain a child 120 care center or a group child care home, as described in section 19a-77, 121 or to suspend or revoke the license or take any other action set forth in 122 regulation that may be adopted pursuant to section 19a-79 if, the 123 person who owns, conducts, maintains or operates such center or 124 home or a person employed therein in a position connected with the 125 provision of care to a child receiving child care services, has been 126 convicted in this state or any other state of a felony as defined in 127 section 53a-25 involving the use, attempted use or threatened use of 128 physical force against another person, of cruelty to persons under 129 section 53-20, injury or risk of injury to or impairing morals of children 130 under section 53-21, abandonment of children under the age of six 131 years under section 53-23, or any felony where the victim of the felony 132 is a child under eighteen years of age, or of a violation of section 53a-133 70b of the general statutes, revision of 1958, revised to January 1, 2019, 134 committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-135 70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in 136 this state or any other state that the commissioner reasonably believes 137 renders the person unsuitable to own, conduct, operate or maintain or 138 be employed by a child care center or group child care home. 139 However, no refusal of a license shall be rendered except in accordance 140 with the provisions of sections 46a-79 to 46a-81, inclusive. 141 Sec. 6. Subsection (a) of section 19a-87e of the general statutes is 142 repealed and the following is substituted in lieu thereof (Effective 143 October 1, 2019): 144 (a) The Commissioner of Early Childhood may (1) refuse to license 145 under section 19a-87b, a person to own, conduct, operate or maintain a 146 family child care home, as defined in section 19a-77, (2) refuse to 147 approve under section 19a-87b, a person to act as an assistant or 148 Raised Bill No. 7396 LCO No. 6518 6 of 36 substitute staff member in a family child care home, as defined in 149 section 19a-77, or (3) suspend or revoke the license or approval or take 150 any other action that may be set forth in regulation that may be 151 adopted pursuant to section 19a-79 if the person who owns, conducts, 152 maintains or operates the family child care home, the person who acts 153 as an assistant or substitute staff member in a family child care home, a 154 person employed in such family child care home in a position 155 connected with the provision of care to a child receiving child care 156 services or a household member, as defined in subsection (c) of section 157 19a-87b, who is sixteen years of age or older and resides therein, has 158 been convicted, in this state or any other state of a felony, as defined in 159 section 53a-25, involving the use, attempted use or threatened use of 160 physical force against another person, or has a criminal record in this 161 state or any other state that the commissioner reasonably believes 162 renders the person unsuitable to own, conduct, operate or maintain or 163 be employed by a family child care home, or act as an assistant or 164 substitute staff member in a family child care home, or if such persons 165 or a household member has been convicted in this state or any other 166 state of cruelty to persons under section 53-20, injury or risk of injury 167 to or impairing morals of children under section 53-21, abandonment 168 of children under the age of six years under section 53-23, or any 169 felony where the victim of the felony is a child under eighteen years of 170 age, a violation of section 53a-70b of the general statutes, revision of 171 1958, revised to January 1, 2019, committed prior to October 1, 2019, or 172 section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, 173 illegal manufacture, distribution, sale, prescription, dispensing or 174 administration under section 21a-277 or 21a-278, or illegal possession 175 under section 21a-279, or if such person, a person who acts as assistant 176 or substitute staff member in a family child care home or a person 177 employed in such family child care home in a position connected with 178 the provision of care to a child receiving child care services, either fails 179 to substantially comply with the regulations adopted pursuant to 180 section 19a-87b, or conducts, operates or maintains the home in a 181 manner which endangers the health, safety and welfare of the children 182 receiving child care services. Any refusal of a license or approval 183 Raised Bill No. 7396 LCO No. 6518 7 of 36 pursuant to this section shall be rendered in accordance with the 184 provisions of sections 46a-79 to 46a-81, inclusive. Any person whose 185 license or approval has been revoked pursuant to this section shall be 186 ineligible to apply for a license or approval for a period of one year 187 from the effective date of revocation. 188 Sec. 7. Section 19a-112b of the general statutes is repealed and the 189 following is substituted in lieu thereof (Effective October 1, 2019): 190 The Department of Public Health shall provide to victims of a 191 sexual act constituting a violation of section 53a-70b of the general 192 statutes, revision of 1958, revised to January 1, 2019, committed prior 193 to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71, 194 53a-72a, 53a-72b, 53a-73a or 53a-192a, regardless of whether any 195 person is convicted or adjudicated delinquent for such violation, the 196 following services: (1) Counseling regarding human 197 immunodeficiency virus and acquired immune deficiency syndrome; 198 (2) HIV-related testing; and (3) referral service for appropriate health 199 care and support services. Such services shall be provided through 200 counseling and testing sites funded by the Department of Public 201 Health. 202 Sec. 8. Subdivision (5) of section 19a-112e of the general statutes is 203 repealed and the following is substituted in lieu thereof (Effective 204 October 1, 2019): 205 (5) "Sexual offense" means a violation of section 53a-70b of the 206 general statutes, revision of 1958, revised to January 1, 2019, 207 committed prior to October 1, 2019, or subsection (a) of section 53a-70 208 [,] or section 53a-70a, [or 53a-70b,] subsection (a) of section 53a-71, 209 section 53a-72a or 53a-72b, subdivision (2) of subsection (a) of section 210 53a-86, subdivision (2) of subsection (a) of section 53a-87 or section 211 53a-90a, 53a-196a or 53a-196b. 212 Sec. 9. Subdivision (8) of section 31-57r of the general statutes is 213 repealed and the following is substituted in lieu thereof (Effective 214 October 1, 2019): 215 Raised Bill No. 7396 LCO No. 6518 8 of 36 (8) "Sexual assault" means any act that constitutes a violation of 216 section 53a-70b of the general statutes, revision of 1958, revised to 217 January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 218 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a; 219 Sec. 10. Subsections (g) and (h) of section 45a-717 of the general 220 statutes are repealed and the following is substituted in lieu thereof 221 (Effective October 1, 2019): 222 (g) At the adjourned hearing or at the initial hearing where no 223 investigation and report has been requested, the court may approve a 224 petition terminating the parental rights and may appoint a guardian of 225 the person of the child, or, if the petitioner requests, the court may 226 appoint a statutory parent, if it finds, upon clear and convincing 227 evidence, that (1) the termination is in the best interest of the child, and 228 (2) (A) the child has been abandoned by the parent in the sense that the 229 parent has failed to maintain a reasonable degree of interest, concern 230 or responsibility as to the welfare of the child; (B) the child has been 231 denied, by reason of an act or acts of parental commission or omission, 232 including, but not limited to, sexual molestation and exploitation, 233 severe physical abuse or a pattern of abuse, the care, guidance or 234 control necessary for the child's physical, educational, moral or 235 emotional well-being. Nonaccidental or inadequately explained 236 serious physical injury to a child shall constitute prima facie evidence 237 of acts of parental commission or omission sufficient for the 238 termination of parental rights; (C) there is no ongoing parent-child 239 relationship which is defined as the relationship that ordinarily 240 develops as a result of a parent having met on a continuing, day-to-241 day basis the physical, emotional, moral and educational needs of the 242 child and to allow further time for the establishment or 243 reestablishment of the parent-child relationship would be detrimental 244 to the best interests of the child; (D) a child of the parent (i) was found 245 by the Superior Court or the Probate Court to have been neglected, 246 abused or uncared for, as those terms are defined in section 46b-120, in 247 a prior proceeding, or (ii) is found to be neglected, abused or uncared 248 for and has been in the custody of the commissioner for at least fifteen 249 Raised Bill No. 7396 LCO No. 6518 9 of 36 months and such parent has been provided specific steps to take to 250 facilitate the return of the child to the parent pursuant to section 46b-251 129 and has failed to achieve such degree of personal rehabilitation as 252 would encourage the belief that within a reasonable time, considering 253 the age and needs of the child, such parent could assume a responsible 254 position in the life of the child; (E) a child of the parent, who is under 255 the age of seven years is found to be neglected, abused or uncared for, 256 and the parent has failed, is unable or is unwilling to achieve such 257 degree of personal rehabilitation as would encourage the belief that 258 within a reasonable amount of time, considering the age and needs of 259 the child, such parent could assume a responsible position in the life of 260 the child and such parent's parental rights of another child were 261 previously terminated pursuant to a petition filed by the 262 Commissioner of Children and Families; (F) the parent has killed 263 through deliberate, nonaccidental act another child of the parent or has 264 requested, commanded, importuned, attempted, conspired or solicited 265 such killing or has committed an assault, through deliberate, 266 nonaccidental act that resulted in serious bodily injury of another child 267 of the parent; (G) except as provided in subsection (h) of this section, 268 the parent committed an act that constitutes sexual assault as 269 described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b 270 or 53a-73a or compelling a spouse or cohabitor to engage in sexual 271 intercourse by the use of force or by the threat of the use of force as 272 described in section 53a-70b of the general statutes, revision of 1958, 273 revised to January 1, 2019, committed prior to October 1, 2019, if such 274 act resulted in the conception of the child; or (H) the parent was finally 275 adjudged guilty of sexual assault under section 53a-70, 53a-70a, 53a-276 70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or of compelling a spouse or 277 cohabitor to engage in sexual intercourse by the use of force or by the 278 threat of the use of force under section 53a-70b of the general statutes, 279 revision of 1958, revised to January 1, 2019, committed prior to October 280 1, 2019, if such act resulted in the conception of the child. 281 (h) If the petition alleges an act described in subparagraph (G) of 282 subdivision (2) of subsection (g) of this section that resulted in the 283 Raised Bill No. 7396 LCO No. 6518 10 of 36 conception of the child as a basis for termination of parental rights and 284 the court determines that the respondent parent was finally adjudged 285 not guilty of such act of sexual assault under section 53a-70, 53a-70a, 286 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or 287 cohabitor to engage in sexual intercourse by the use of force or by the 288 threat of the use of force under section 53a-70b of the general statutes, 289 revision of 1958, revised to January 1, 2019, committed prior to October 290 1, 2019, the court shall transfer the case to the Superior Court and the 291 clerk of the Probate Court shall transmit to the clerk of the Superior 292 Court to which the case was transferred, the original files and papers 293 in the case. The Superior Court, upon hearing after notice as provided 294 in this section and section 45a-716, may grant the petition as provided 295 in this section. 296 Sec. 11. Section 46b-38h of the general statutes is repealed and the 297 following is substituted in lieu thereof (Effective October 1, 2019): 298 If any person is convicted of a violation of section 53a-70b of the 299 general statutes, revision of 1958, revised to January 1, 2019, 300 committed prior to October 1, 2019, or section 53a-59, 53a-59a, 53a-59c, 301 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-62, 53a-63, 53a-64, 53a-64aa, 53a-302 64bb, 53a-64cc, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-303 72b, 53a-181, 53a-181c, 53a-181d, 53a-181e, 53a-182, 53a-182b, 53a-183, 304 53a-223, 53a-223a or 53a-223b, against a family or household member, 305 as defined in section 46b-38a, the court shall include a designation that 306 such conviction involved family violence on the court record for the 307 purposes of criminal history record information, as defined in 308 subsection (a) of section 54-142g. 309 Sec. 12. Subsection (a) of section 47a-11e of the general statutes is 310 repealed and the following is substituted in lieu thereof (Effective 311 October 1, 2019): 312 (a) Notwithstanding the provisions of this chapter and chapter 831, 313 for rental agreements entered into or renewed on or after January 1, 314 2011, any tenant who (1) is a victim of family violence, as defined in 315 Raised Bill No. 7396 LCO No. 6518 11 of 36 section 46b-38a, and (2) reasonably believes it is necessary to vacate the 316 dwelling unit due to fear of imminent harm to the tenant or a 317 dependent of the tenant because of family violence, may terminate his 318 or her rental agreement with the landlord for the dwelling unit that the 319 tenant occupies without penalty or liability for the remaining term of 320 the rental agreement by giving written notice to the landlord at least 321 thirty days prior to the date the tenant intends to terminate the rental 322 agreement. Notwithstanding the provisions of this chapter and chapter 323 831, for rental agreements entered into or renewed on or after January 324 1, 2014, any tenant who (A) is a victim of sexual assault under any 325 provision of section 53a-70b of the general statutes, revision of 1958, 326 revised to January 1, 2019, committed prior to October 1, 2019, or 327 section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, 328 or is the parent or guardian with physical custody of a dependent who 329 is the victim of sexual assault under section 53a-70c, and (B) reasonably 330 believes it is necessary to vacate the dwelling unit due to fear of 331 imminent harm to the tenant or a dependent of the tenant because of 332 such sexual assault, may terminate his or her rental agreement with 333 the landlord for the dwelling unit that the tenant occupies without 334 penalty or liability for the remaining term of the rental agreement by 335 giving written notice to the landlord at least thirty days prior to the 336 date the tenant intends to terminate the rental agreement. 337 Sec. 13. Subsection (a) of section 52-161b of the general statutes is 338 repealed and the following is substituted in lieu thereof (Effective 339 October 1, 2019): 340 (a) A pro se litigant in any civil matter, including a habeas corpus 341 proceeding, shall notify the clerk of the court if such litigant has been 342 convicted of a family violence crime, as defined in section 53a-70b of 343 the general statutes, revision of 1958, revised to January 1, 2019, 344 committed prior to October 1, 2019, or section 46b-38a, or a violation of 345 section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-346 73a, 53a-181c, 53a-181d or 53a-181e and if the subject of a subpoena to 347 be issued by such litigant in such matter is the victim of the crime for 348 which such litigant was convicted. 349 Raised Bill No. 7396 LCO No. 6518 12 of 36 Sec. 14. Subsection (f) of section 53a-29 of the general statutes is 350 repealed and the following is substituted in lieu thereof (Effective 351 October 1, 2019): 352 (f) The period of probation, unless terminated sooner as provided in 353 section 53a-32, shall be not less than ten years or more than thirty-five 354 years for conviction of a violation of section 53a-70b of the general 355 statutes, revision of 1958, revised to January 1, 2019, committed prior 356 to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21 357 [,] or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-358 90a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a, or 359 section 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f. 360 Sec. 15. Subsection (a) of section 53a-30 of the general statutes is 361 repealed and the following is substituted in lieu thereof (Effective 362 October 1, 2019): 363 (a) When imposing sentence of probation or conditional discharge, 364 the court may, as a condition of the sentence, order that the defendant: 365 (1) Work faithfully at a suitable employment or faithfully pursue a 366 course of study or of vocational training that will equip the defendant 367 for suitable employment; (2) undergo medical or psychiatric treatment 368 and remain in a specified institution, when required for that purpose; 369 (3) support the defendant's dependents and meet other family 370 obligations; (4) make restitution of the fruits of the defendant's offense 371 or make restitution, in an amount the defendant can afford to pay or 372 provide in a suitable manner, for the loss or damage caused thereby. 373 The court or the Court Support Services Division, if authorized by the 374 court, may fix the amount thereof and the manner of performance, and 375 the victim shall be advised by the court or the Court Support Services 376 Division that restitution ordered under this section may be enforced 377 pursuant to section 53a-28a; (5) if a minor, (A) reside with the minor's 378 parents or in a suitable foster home, (B) attend school, and (C) 379 contribute to the minor's own support in any home or foster home; (6) 380 post a bond or other security for the performance of any or all 381 conditions imposed; (7) refrain from violating any criminal law of the 382 Raised Bill No. 7396 LCO No. 6518 13 of 36 United States, this state or any other state; (8) if convicted of a 383 misdemeanor or a felony, other than a capital felony under the 384 provisions of section 53a-54b in effect prior to April 25, 2012, a class A 385 felony or a violation of section 53a-70b of the general statutes, revision 386 of 1958, revised to January 1, 2019, committed prior to October 1, 2019, 387 or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-388 58 [or 53a-70b] or any offense for which there is a mandatory 389 minimum sentence which may not be suspended or reduced by the 390 court, and any sentence of imprisonment is suspended, participate in 391 an alternate incarceration program; (9) reside in a residential 392 community center or halfway house approved by the Commissioner of 393 Correction, and contribute to the cost incident to such residence; (10) 394 participate in a program of community service labor in accordance 395 with section 53a-39c; (11) participate in a program of community 396 service in accordance with section 51-181c; (12) if convicted of a 397 violation of section 53a-70b of the general statutes, revision of 1958, 398 revised to January 1, 2019, committed prior to October 1, 2019, or 399 subdivision (2) of subsection (a) of section 53-21 [,] or section 53a-70, 400 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, undergo specialized 401 sexual offender treatment; (13) if convicted of a criminal offense 402 against a victim who is a minor, a nonviolent sexual offense or a 403 sexually violent offense, as defined in section 54-250, as amended by 404 this act, or of a felony that the court finds was committed for a sexual 405 purpose, as provided in section 54-254, register such person's 406 identifying factors, as defined in section 54-250, as amended by this 407 act, with the Commissioner of Emergency Services and Public 408 Protection when required pursuant to section 54-251, 54-252 or 54-253, 409 as the case may be; (14) be subject to electronic monitoring, which may 410 include the use of a global positioning system; (15) if convicted of a 411 violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, 412 participate in an anti-bias or diversity awareness program or 413 participate in a program of community service designed to remedy 414 damage caused by the commission of a bias crime or otherwise related 415 to the defendant's violation; (16) if convicted of a violation of section 416 53-247, undergo psychiatric or psychological counseling or participate 417 Raised Bill No. 7396 LCO No. 6518 14 of 36 in an animal cruelty prevention and education program provided such 418 a program exists and is available to the defendant; or (17) satisfy any 419 other conditions reasonably related to the defendant's rehabilitation. 420 The court shall cause a copy of any such order to be delivered to the 421 defendant and to the probation officer, if any. 422 Sec. 16. Section 53a-32a of the general statutes is repealed and the 423 following is substituted in lieu thereof (Effective October 1, 2019): 424 If a defendant who entered a plea of nolo contendere or a guilty 425 plea under the Alford doctrine to a violation of subdivision (2) of 426 section 53-21 of the general statutes in effect prior to October 1, 2000, 427 section 53a-70b of the general statutes, revision of 1958, revised to 428 January 1, 2019, committed prior to October 1, 2019, or subdivision (2) 429 of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 430 53a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual 431 offender treatment as a condition of probation, becomes ineligible for 432 such treatment because of such defendant's refusal to acknowledge 433 that such defendant committed the act or acts charged, such defendant 434 shall be deemed to be in violation of the conditions of such defendant's 435 probation and be returned to court for proceedings in accordance with 436 section 53a-32. 437 Sec. 17. Section 53a-33 of the general statutes is repealed and the 438 following is substituted in lieu thereof (Effective October 1, 2019): 439 The court or sentencing judge may at any time during the period of 440 probation or conditional discharge, after hearing and for good cause 441 shown, terminate a sentence of probation or conditional discharge 442 before the completion thereof, except a sentence of probation imposed 443 for conviction of a violation of subdivision (2) of section 53-21 of the 444 general statutes in effect prior to October 1, 2000, section 53a-70b of the 445 general statutes, revision of 1958, revised to January 1, 2019, 446 committed prior to October 1, 2019, or subdivision (2) of subsection (a) 447 of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 448 53a-72b. 449 Raised Bill No. 7396 LCO No. 6518 15 of 36 Sec. 18. Subsection (a) of section 53a-39a of the general statutes is 450 repealed and the following is substituted in lieu thereof (Effective 451 October 1, 2019): 452 (a) In all cases where a defendant has been convicted of a 453 misdemeanor or a felony, other than a capital felony under the 454 provisions of section 53a-54b in effect prior to April 25, 2012, a class A 455 felony or a violation of section 53a-70b of the general statutes, revision 456 of 1958, revised to January 1, 2019, committed prior to October 1, 2019, 457 or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-458 58 [or 53a-70b] or any other offense for which there is a mandatory 459 minimum sentence which may not be suspended or reduced by the 460 court, after trial or by a plea of guilty without trial, and a term of 461 imprisonment is part of a stated plea agreement or the statutory 462 penalty provides for a term of imprisonment, the court may, in its 463 discretion, order an assessment for placement in an alternate 464 incarceration program under contract with the Judicial Department. If 465 the Court Support Services Division recommends placement in an 466 alternate incarceration program, it shall also submit to the court a 467 proposed alternate incarceration plan. Upon completion of the 468 assessment, the court shall determine whether such defendant shall be 469 ordered to participate in such program as an alternative to 470 incarceration. If the court determines that the defendant shall 471 participate in such program, the court shall suspend any sentence of 472 imprisonment and shall make participation in the alternate 473 incarceration program a condition of probation as provided in section 474 53a-30, as amended by this act. 475 Sec. 19. Subsection (d) of section 53a-40 of the general statutes is 476 repealed and the following is substituted in lieu thereof (Effective 477 October 1, 2019): 478 (d) A persistent serious sexual offender is a person, other than a 479 person who qualifies as a persistent dangerous sexual offender under 480 subsection (b) of this section, who qualifies as a persistent serious 481 felony offender under subsection (c) of this section and the felony of 482 Raised Bill No. 7396 LCO No. 6518 16 of 36 which such person presently stands convicted is a violation of section 483 53a-70b of the general statutes, revision of 1958, revised to January 1, 484 2019, committed prior to October 1, 2019, or subdivision (2) of 485 subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 486 53a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of 487 section 53-21 of the general statutes, revised to January 1, 1995, 488 involving sexual contact, committed prior to October 1, 1995, a 489 violation of subdivision (2) of section 53-21 of the general statutes, 490 committed on or after October 1, 1995, and prior to October 1, 2000, a 491 violation of section 53a-70b of the general statutes, revision of 1958, 492 revised to January 1, 2019, committed prior to October 1, 2019, or a 493 violation of subdivision (2) of subsection (a) of section 53-21 or a 494 violation of section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-495 72b. 496 Sec. 20. Subsection (a) of section 53a-40e of the general statutes is 497 repealed and the following is substituted in lieu thereof (Effective 498 October 1, 2019): 499 (a) If any person is convicted of (1) a violation of section 53a-70b of 500 the general statutes, revision of 1958, revised to January 1, 2019, 501 committed prior to October 1, 2019, or subdivision (1) or (2) of 502 subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a, 503 53a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 504 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183, 505 subdivision (2) of subsection (a) of section 53a-192a, section 53a-223, 506 53a-223a or 53a-223b or attempt or conspiracy to violate any of said 507 sections or section 53a-54a, or (2) any crime that the court determines 508 constitutes a family violence crime, as defined in section 46b-38a, or 509 attempt or conspiracy to commit any such crime, the court may, in 510 addition to imposing the sentence authorized for the crime under 511 section 53a-35a or 53a-36, if the court is of the opinion that the history 512 and character and the nature and circumstances of the criminal 513 conduct of such offender indicate that a standing criminal protective 514 order will best serve the interest of the victim and the public, issue a 515 standing criminal protective order which shall remain in effect for a 516 Raised Bill No. 7396 LCO No. 6518 17 of 36 duration specified by the court until modified or revoked by the court 517 for good cause shown. If any person is convicted of any crime not 518 specified in subdivision (1) or (2) of this subsection, the court may, for 519 good cause shown, issue a standing criminal protective order pursuant 520 to this subsection. 521 Sec. 21. Section 53a-65 of the general statutes is repealed and the 522 following is substituted in lieu thereof (Effective October 1, 2019): 523 As used in this part, [except section 53a-70b,] the following terms 524 have the following meanings: 525 (1) "Actor" means a person accused of sexual assault. 526 (2) "Sexual intercourse" means vaginal intercourse, anal intercourse, 527 fellatio or cunnilingus between persons regardless of sex. Its meaning 528 is limited to persons not married to each other. Penetration, however 529 slight, is sufficient to complete vaginal intercourse, anal intercourse or 530 fellatio and does not require emission of semen. Penetration may be 531 committed by an object manipulated by the actor into the genital or 532 anal opening of the victim's body. 533 (3) "Sexual contact" means any contact with the intimate parts of a 534 person not married to the actor for the purpose of sexual gratification 535 of the actor or for the purpose of degrading or humiliating such person 536 or any contact of the intimate parts of the actor with a person not 537 married to the actor for the purpose of sexual gratification of the actor 538 or for the purpose of degrading or humiliating such person. 539 (4) "Impaired because of mental disability or disease" means that a 540 person suffers from a mental disability or disease which renders such 541 person incapable of appraising the nature of such person's conduct. 542 (5) "Mentally incapacitated" means that a person is rendered 543 temporarily incapable of appraising or controlling such person's 544 conduct owing to the influence of a drug or intoxicating substance 545 administered to such person without such person's consent, or owing 546 Raised Bill No. 7396 LCO No. 6518 18 of 36 to any other act committed upon such person without such person's 547 consent. 548 (6) "Physically helpless" means that a person is (A) unconscious, or 549 (B) for any other reason, is physically unable to resist an act of sexual 550 intercourse or sexual contact or to communicate unwillingness to an 551 act of sexual intercourse or sexual contact. 552 (7) "Use of force" means: (A) Use of a dangerous instrument; or (B) 553 use of actual physical force or violence or superior physical strength 554 against the victim. 555 (8) "Intimate parts" means the genital area or any substance emitted 556 therefrom, groin, anus or any substance emitted therefrom, inner 557 thighs, buttocks or breasts. 558 (9) "Psychotherapist" means a physician, psychologist, nurse, 559 substance abuse counselor, social worker, clergyman, marital and 560 family therapist, mental health service provider, hypnotist or other 561 person, whether or not licensed or certified by the state, who performs 562 or purports to perform psychotherapy. 563 (10) "Psychotherapy" means the professional treatment, assessment 564 or counseling of a mental or emotional illness, symptom or condition. 565 (11) "Emotionally dependent" means that the nature of the patient's 566 or former patient's emotional condition and the nature of the treatment 567 provided by the psychotherapist are such that the psychotherapist 568 knows or has reason to know that the patient or former patient is 569 unable to withhold consent to sexual contact by or sexual intercourse 570 with the psychotherapist. 571 (12) "Therapeutic deception" means a representation by a 572 psychotherapist that sexual contact by or sexual intercourse with the 573 psychotherapist is consistent with or part of the patient's treatment. 574 (13) "School employee" means: (A) A teacher, substitute teacher, 575 school administrator, school superintendent, guidance counselor, 576 Raised Bill No. 7396 LCO No. 6518 19 of 36 school counselor, psychologist, social worker, nurse, physician, school 577 paraprofessional or coach employed by a local or regional board of 578 education or a private elementary, middle or high school or working in 579 a public or private elementary, middle or high school; or (B) any other 580 person who, in the performance of his or her duties, has regular 581 contact with students and who provides services to or on behalf of 582 students enrolled in (i) a public elementary, middle or high school, 583 pursuant to a contract with the local or regional board of education, or 584 (ii) a private elementary, middle or high school, pursuant to a contract 585 with the supervisory agent of such private school. 586 Sec. 22. Subsection (b) of section 53a-67 of the general statutes is 587 repealed and the following is substituted in lieu thereof (Effective 588 October 1, 2019): 589 (b) In any prosecution for an offense under this part, except an 590 offense under section 53a-70b of the general statutes, revision of 1958, 591 revised to January 1, 2019, committed prior to October 1, 2019, or 592 section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, it shall be 593 an affirmative defense that the defendant and the alleged victim were, 594 at the time of the alleged offense, living together by mutual consent in 595 a relationship of cohabitation, regardless of the legal status of their 596 relationship. 597 Sec. 23. Subsection (h) of section 54-56d of the general statutes is 598 repealed and the following is substituted in lieu thereof (Effective 599 October 1, 2019): 600 (h) (1) If, at the hearing, the court finds that there is a substantial 601 probability that the defendant, if provided with a course of treatment, 602 will regain competency within the period of any placement order 603 under this section, the court shall either (A) order placement of the 604 defendant for treatment for the purpose of rendering the defendant 605 competent, or (B) order placement of the defendant at a treatment 606 facility pending civil commitment proceedings pursuant to 607 subdivision (2) of this subsection. 608 Raised Bill No. 7396 LCO No. 6518 20 of 36 (2) (A) Except as provided in subparagraph (B) of this subdivision, if 609 the court makes a finding pursuant to subdivision (1) of this subsection 610 and does not order placement pursuant to subparagraph (A) of said 611 subdivision, the court shall, on its own motion or on motion of the 612 state or the defendant, order placement of the defendant in the custody 613 of the Commissioner of Mental Health and Addiction Services at a 614 treatment facility pending civil commitment proceedings. The 615 treatment facility shall be determined by the Commissioner of Mental 616 Health and Addiction Services. Such order shall: (i) Include an 617 authorization for the Commissioner of Mental Health and Addiction 618 Services to apply for civil commitment of such defendant pursuant to 619 sections 17a-495 to 17a-528, inclusive; (ii) permit the defendant to agree 620 to request voluntarily to be admitted under section 17a-506 and 621 participate voluntarily in a treatment plan prepared by the 622 Commissioner of Mental Health and Addiction Services, and require 623 that the defendant comply with such treatment plan; and (iii) provide 624 that if the application for civil commitment is denied or not pursued 625 by the Commissioner of Mental Health and Addiction Services, or if 626 the defendant is unwilling or unable to comply with a treatment plan 627 despite reasonable efforts of the treatment facility to encourage the 628 defendant's compliance, the person in charge of the treatment facility, 629 or such person's designee, shall submit a written progress report to the 630 court and the defendant shall be returned to the court for a hearing 631 pursuant to subsection (k) of this section. Such written progress report 632 shall include the status of any civil commitment proceedings 633 concerning the defendant, the defendant's compliance with the 634 treatment plan, an opinion regarding the defendant's current 635 competency to stand trial, the clinical findings of the person 636 submitting the report and the facts upon which the findings are based, 637 and any other information concerning the defendant requested by the 638 court, including, but not limited to, the method of treatment or the 639 type, dosage and effect of any medication the defendant is receiving. 640 The Court Support Services Division shall monitor the defendant's 641 compliance with any applicable provisions of such order. The period 642 of placement and monitoring under such order shall not exceed the 643 Raised Bill No. 7396 LCO No. 6518 21 of 36 period of the maximum sentence which the defendant could receive on 644 conviction of the charges against such defendant, or eighteen months, 645 whichever is less. If the defendant has complied with such treatment 646 plan and any applicable provisions of such order, at the end of the 647 period of placement and monitoring, the court shall approve the entry 648 of a nolle prosequi to the charges against the defendant or shall 649 dismiss such charges. 650 (B) This subdivision shall not apply: (i) To any person charged with 651 a class A felony, a class B felony, except a violation of section 53a-122 652 that does not involve the use, attempted use or threatened use of 653 physical force against another person, or a violation of section 53a-70b 654 of the general statutes, revision of 1958, revised to January 1, 2019, 655 committed prior to October 1, 2019, or section 14-227a or 14-227m, 656 subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision 657 (2) of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 658 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b; (ii) to any person 659 charged with a crime or motor vehicle violation who, as a result of the 660 commission of such crime or motor vehicle violation, causes the death 661 of another person; or (iii) unless good cause is shown, to any person 662 charged with a class C felony. 663 Sec. 24. Subsection (c) of section 54-56e of the general statutes is 664 repealed and the following is substituted in lieu thereof (Effective 665 October 1, 2019): 666 (c) This section shall not be applicable: (1) To any person charged 667 with (A) a class A felony, (B) a class B felony, except a violation of 668 subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 669 not involve the use, attempted use or threatened use of physical force 670 against another person, or a violation of subdivision (4) of subsection 671 (a) of section 53a-122 that does not involve the use, attempted use or 672 threatened use of physical force against another person and does not 673 involve a violation by a person who is a public official, as defined in 674 section 1-110, or a state or municipal employee, as defined in section 1-675 110, or (C) a violation of section 53a-70b of the general statutes, 676 Raised Bill No. 7396 LCO No. 6518 22 of 36 revision of 1958, revised to January 1, 2019, committed prior to October 677 1, 2019, or section 14-227a or 14-227m, subdivision (1) or (2) of 678 subsection (a) of section 14-227n, subdivision (2) of subsection (a) of 679 section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-680 71, except as provided in subdivision (5) of this subsection, 53a-72a, 681 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a 682 crime or motor vehicle violation who, as a result of the commission of 683 such crime or motor vehicle violation, causes the death of another 684 person, (3) to any person accused of a family violence crime as defined 685 in section 46b-38a who (A) is eligible for the pretrial family violence 686 education program established under section 46b-38c, or (B) has 687 previously had the pretrial family violence education program 688 invoked in such person's behalf, (4) to any person charged with a 689 violation of section 21a-267 or 21a-279 who (A) is eligible for the 690 pretrial drug education and community service program established 691 under section 54-56i, or (B) has previously had the pretrial drug 692 education program or the pretrial drug education and community 693 service program invoked on such person's behalf, (5) unless good 694 cause is shown, to (A) any person charged with a class C felony, or (B) 695 any person charged with committing a violation of subdivision (1) of 696 subsection (a) of section 53a-71 while such person was less than four 697 years older than the other person, (6) to any person charged with a 698 violation of section 9-359 or 9-359a, (7) to any person charged with a 699 motor vehicle violation (A) while operating a commercial motor 700 vehicle, as defined in section 14-1, or (B) who holds a commercial 701 driver's license or commercial driver's instruction permit at the time of 702 the violation, (8) to any person charged with a violation of subdivision 703 (6) of subsection (a) of section 53a-60, or (9) to a health care provider or 704 vendor participating in the state's Medicaid program charged with a 705 violation of section 53a-122 or subdivision (4) of subsection (a) of 706 section 53a-123. 707 Sec. 25. Subdivision (2) of section 54-76b of the general statutes is 708 repealed and the following is substituted in lieu thereof (Effective 709 October 1, 2019): 710 Raised Bill No. 7396 LCO No. 6518 23 of 36 (2) "Youthful offender" means a youth who (A) is charged with the 711 commission of a crime which is not a class A felony or a violation of 712 section 53a-70b of the general statutes, revision of 1958, revised to 713 January 1, 2019, committed prior to October 1, 2019, or section 14-222a, 714 subsection (a) or subdivision (1) of subsection (b) of section 14-224, 715 section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection 716 (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 717 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except 718 a violation involving consensual sexual intercourse or sexual contact 719 between the youth and another person who is thirteen years of age or 720 older but under sixteen years of age, and (B) has not previously been 721 convicted of a felony in the regular criminal docket of the Superior 722 Court or been previously adjudged a serious juvenile offender or 723 serious juvenile repeat offender, as defined in section 46b-120. 724 Sec. 26. Subsection (a) of section 54-76c of the general statutes is 725 repealed and the following is substituted in lieu thereof (Effective 726 October 1, 2019): 727 (a) In any case where an information or complaint has been laid 728 charging a defendant with the commission of a crime, and where it 729 appears that the defendant is a youth, such defendant shall be 730 presumed to be eligible to be adjudged a youthful offender and the 731 court having jurisdiction shall, but only as to the public, order the 732 court file sealed, unless such defendant (1) is charged with the 733 commission of a crime which is a class A felony or a violation of 734 section 53a-70b of the general statutes, revision of 1958, revised to 735 January 1, 2019, committed prior to October 1, 2019, or section 14-222a, 736 subsection (a) or subdivision (1) of subsection (b) of section 14-224, 737 section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection 738 (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 739 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except 740 a violation involving consensual sexual intercourse or sexual contact 741 between the youth and another person who is thirteen years of age or 742 older but under sixteen years of age, or (2) has been previously 743 convicted of a felony in the regular criminal docket of the Superior 744 Raised Bill No. 7396 LCO No. 6518 24 of 36 Court or been previously adjudged a serious juvenile offender or 745 serious juvenile repeat offender, as defined in section 46b-120. Except 746 as provided in subsection (b) of this section, upon motion of the 747 prosecuting official, the court may order that an investigation be made 748 of such defendant under section 54-76d, for the purpose of 749 determining whether such defendant is ineligible to be adjudged a 750 youthful offender, provided the court file shall remain sealed, but only 751 as to the public, during such investigation. 752 Sec. 27. Subsection (a) of section 54-76l of the general statutes is 753 repealed and the following is substituted in lieu thereof (Effective 754 October 1, 2019): 755 (a) The records or other information of a youth, other than a youth 756 arrested for or charged with the commission of a crime which is a class 757 A felony or a violation of section 53a-70b of the general statutes, 758 revision of 1958, revised to January 1, 2019, committed prior to October 759 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of 760 subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m, 761 subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision 762 (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-763 70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving 764 consensual sexual intercourse or sexual contact between the youth and 765 another person who is thirteen years of age or older but under sixteen 766 years of age, including fingerprints, photographs and physical 767 descriptions, shall be confidential and shall not be open to public 768 inspection or be disclosed except as provided in this section, but such 769 fingerprints, photographs and physical descriptions submitted to the 770 State Police Bureau of Identification of the Division of State Police 771 within the Department of Emergency Services and Public Protection at 772 the time of the arrest of a person subsequently adjudged, or 773 subsequently presumed or determined to be eligible to be adjudged, a 774 youthful offender shall be retained as confidential matter in the files of 775 the bureau and be opened to inspection only as provided in this 776 section. Other data ordinarily received by the bureau, with regard to 777 persons arrested for a crime, shall be forwarded to the bureau to be 778 Raised Bill No. 7396 LCO No. 6518 25 of 36 filed, in addition to such fingerprints, photographs and physical 779 descriptions, and be retained in the division as confidential 780 information, open to inspection only as provided in this section. 781 Sec. 28. Section 54-86d of the general statutes is repealed and the 782 following is substituted in lieu thereof (Effective October 1, 2019): 783 Any person who has been the victim of a sexual assault under 784 section 53a-70b of the general statutes, revision of 1958, revised to 785 January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 786 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, 787 voyeurism under section 53a-189a, or injury or risk of injury, or 788 impairing of morals under section 53-21, or of an attempt thereof, or 789 family violence, as defined in section 46b-38a, shall not be required to 790 divulge his or her address or telephone number during any trial or 791 pretrial evidentiary hearing arising from the sexual assault, voyeurism 792 or injury or risk of injury to, or impairing of morals of, a child, or 793 family violence; provided the judge presiding over such legal 794 proceeding finds: (1) Such information is not material to the 795 proceeding, (2) the identity of the victim has been satisfactorily 796 established, and (3) the current address of the victim will be made 797 available to the defense in the same manner and time as such 798 information is made available to the defense for other criminal 799 offenses. 800 Sec. 29. Section 54-86e of the general statutes is repealed and the 801 following is substituted in lieu thereof (Effective October 1, 2019): 802 The name and address of the victim of a sexual assault under 803 section 53a-70b of the general statutes, revision of 1958, revised to 804 January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 805 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, 806 voyeurism under section 53a-189a, or injury or risk of injury, or 807 impairing of morals under section 53-21, or of an attempt thereof, or 808 family violence, as defined in section 46b-38a and such other 809 identifying information pertaining to such victim as determined by the 810 Raised Bill No. 7396 LCO No. 6518 26 of 36 court, shall be confidential and shall be disclosed only upon order of 811 the Superior Court, except that (1) such information shall be available 812 to the accused in the same manner and time as such information is 813 available to persons accused of other criminal offenses, and (2) if a 814 protective order is issued in a prosecution under any of said sections, 815 the name and address of the victim, in addition to the information 816 contained in and concerning the issuance of such order, shall be 817 entered in the registry of protective orders pursuant to section 51-5c. 818 Sec. 30. Subsection (a) of section 54-86j of the general statutes is 819 repealed and the following is substituted in lieu thereof (Effective 820 October 1, 2019): 821 (a) No member of any municipal police department, the state police 822 or the Division of Criminal Justice may request or require any victim of 823 a sexual assault under section 53a-70b of the general statutes, revision 824 of 1958, revised to January 1, 2019, committed prior to October 1, 2019, 825 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-826 73a to submit to or take a polygraph examination. 827 Sec. 31. Subsection (a) of section 54-102b of the general statutes is 828 repealed and the following is substituted in lieu thereof (Effective 829 October 1, 2019): 830 (a) Notwithstanding any provision of the general statutes, except as 831 provided in subsection (b) of this section, a court entering a judgment 832 of conviction or conviction of a child as delinquent for a violation of 833 section 53a-70b of the general statutes, revision of 1958, revised to 834 January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 835 53a-70a, [53a-70b] or 53a-71 or a violation of section 53-21, 53a-72a, 836 53a-72b or 53a-73a involving a sexual act, shall, at the request of the 837 victim of such crime, order that the offender be tested for the presence 838 of the etiologic agent for acquired immune deficiency syndrome or 839 human immunodeficiency virus and that the results be disclosed to the 840 victim and the offender. The test shall be performed by or at the 841 direction of the Department of Correction or, in the case of a child 842 Raised Bill No. 7396 LCO No. 6518 27 of 36 convicted as delinquent, at the direction of the Court Support Services 843 Division of the Judicial Department or the Department of Children and 844 Families, in consultation with the Department of Public Health. 845 Sec. 32. Subsection (a) of section 54-102g of the general statutes is 846 repealed and the following is substituted in lieu thereof (Effective 847 October 1, 2019): 848 (a) Whenever any person is arrested on or after October 1, 2011, for 849 the commission of a serious felony and, prior to such arrest, has been 850 convicted of a felony but has not submitted to the taking of a blood or 851 other biological sample for DNA (deoxyribonucleic acid) analysis 852 pursuant to this section, the law enforcement agency that arrested such 853 person shall, as available resources allow, require such person to 854 submit to the taking of a blood or other biological sample for DNA 855 (deoxyribonucleic acid) analysis to determine identification 856 characteristics specific to the person. If the law enforcement agency 857 requires such person to submit to the taking of such blood or other 858 biological sample, such person shall submit to the taking of such 859 sample prior to release from custody and at such time and place as the 860 agency may specify. For purposes of this subsection, "serious felony" 861 means a violation of section 53a-70b of the general statutes, revision of 862 1958, revised to January 1, 2019, committed prior to October 1, 2019, or 863 section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-864 56a, 53a-56b, 53a-57, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 865 53a-70, 53a-70a, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-94, 53a-94a, 866 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111, 53a-867 112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-181c. 868 Sec. 33. Subsection (c) of section 54-125e of the general statutes is 869 repealed and the following is substituted in lieu thereof (Effective 870 October 1, 2019): 871 (c) The period of special parole shall be not less than one year or 872 more than ten years, except that such period may be for more than ten 873 years for a person convicted of a violation of section 53a-70b of the 874 Raised Bill No. 7396 LCO No. 6518 28 of 36 general statutes, revision of 1958, revised to January 1, 2019, 875 committed prior to October 1, 2019, or subdivision (2) of section 53-21 876 of the general statutes in effect prior to October 1, 2000, subdivision (2) 877 of subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 878 53a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous 879 felony offender pursuant to subsection (i) of section 53a-40 or as a 880 persistent serious felony offender pursuant to subsection (k) of section 881 53a-40. 882 Sec. 34. Subsection (a) of section 54-125i of the general statutes is 883 repealed and the following is substituted in lieu thereof (Effective 884 October 1, 2019): 885 (a) An inmate (1) not convicted of a crime for which there is a 886 victim, as defined in section 54-201 or section 54-226, who is known by 887 the Board of Pardons and Paroles, (2) whose eligibility for parole 888 release is not subject to the provisions of subsection (b) of section 54-889 125a, (3) who was not convicted of a violation of section 53a-70b of the 890 general statutes, revision of 1958, revised to January 1, 2019, 891 committed prior to October 1, 2019, or section 53a-55, 53a-55a, 53a-56, 892 53a-56a, 53a-56b, 53a-57, 53a-58, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-893 60c, 53a-64aa, 53a-64bb, 53a-70, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-894 94a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111, 895 53a-112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-896 181c, and (4) who is not otherwise prohibited from being granted 897 parole for any reason, may be allowed to go at large on parole in 898 accordance with the provisions of section 54-125a or section 54-125g, 899 pursuant to the provisions of subsections (b) and (c) of this section. 900 Sec. 35. Section 54-143c of the general statutes is repealed and the 901 following is substituted in lieu thereof (Effective October 1, 2019): 902 In addition to any fine, fee or cost that may be imposed pursuant to 903 any provision of the general statutes, the court shall impose a fine of 904 one hundred fifty-one dollars on any person who, on or after July 1, 905 2004, is convicted of or pleads guilty or nolo contendere to a violation 906 Raised Bill No. 7396 LCO No. 6518 29 of 36 of section 53a-70b of the general statutes, revision of 1958, revised to 907 January 1, 2019, committed prior to October 1, 2019, or subdivision (2) 908 of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 909 53a-71, 53a-72a, 53a-72b or 53a-73a. Fines collected under this section 910 shall be deposited in the sexual assault victims account established 911 under section 19a-112d. 912 Sec. 36. Section 54-193b of the general statutes is repealed and the 913 following is substituted in lieu thereof (Effective October 1, 2019): 914 Notwithstanding the provisions of sections 54-193 and 54-193a, 915 there shall be no limitation of time within which a person may be 916 prosecuted for a violation of section 53a-70b of the general statutes, 917 revision of 1958, revised to January 1, 2019, committed prior to October 918 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, 919 provided (1) the victim notified any police officer or state's attorney 920 acting in such police officer's or state's attorney's official capacity of the 921 commission of the offense not later than five years after the 922 commission of the offense, and (2) the identity of the person who 923 allegedly committed the offense has been established through a DNA 924 (deoxyribonucleic acid) profile comparison using evidence collected at 925 the time of the commission of the offense. 926 Sec. 37. Subsections (d) and (e) of section 54-209 of the general 927 statutes are repealed and the following is substituted in lieu thereof 928 (Effective October 1, 2019): 929 (d) In instances where a violation of section 53a-70b of the general 930 statutes, revision of 1958, revised to January 1, 2019, committed prior 931 to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 932 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82 or 53a-192a has been alleged, 933 the Office of Victim Services or, on review, a victim compensation 934 commissioner, may order compensation be paid if (1) the personal 935 injury has been disclosed to: (A) A physician or surgeon licensed 936 under chapter 370; (B) a resident physician or intern in any hospital in 937 this state, whether or not licensed; (C) a physician assistant licensed 938 Raised Bill No. 7396 LCO No. 6518 30 of 36 under chapter 370; (D) an advanced practice registered nurse, 939 registered nurse or practical nurse licensed under chapter 378; (E) a 940 psychologist licensed under chapter 383; (F) a police officer; (G) a 941 mental health professional; (H) an emergency medical services 942 provider licensed or certified under chapter 368d; (I) an alcohol and 943 drug counselor licensed or certified under chapter 376b; (J) a marital 944 and family therapist licensed under chapter 383a; (K) a domestic 945 violence counselor or a sexual assault counselor, as defined in section 946 52-146k; (L) a professional counselor licensed under chapter 383c; (M) 947 a clinical social worker licensed under chapter 383b; (N) an employee 948 of the Department of Children and Families; or (O) a school principal, 949 a school teacher, a school guidance counselor or a school counselor, 950 and (2) the office or commissioner, as the case may be, reasonably 951 concludes that a violation of any of said sections has occurred. 952 (e) In instances where a violation of section 53a-70b of the general 953 statutes, revision of 1958, revised to January 1, 2019, committed prior 954 to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 955 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82, 53a-192a or family violence, 956 as defined in section 46b-38a, has been alleged, the Office of Victim 957 Services or, on review, a victim compensation commissioner, may also 958 order the payment of compensation under sections 54-201 to 54-218, 959 inclusive, for personal injury suffered by a victim (1) as reported in an 960 application for a restraining order under section 46b-15 or an 961 application for a civil protection order under section 46b-16a, an 962 affidavit supporting an application under section 46b-15 or section 963 46b-16a, or on the record to the court, provided such restraining order 964 or civil protection order was granted in the Superior Court following a 965 hearing; or (2) as disclosed to a domestic violence counselor or a sexual 966 assault counselor, as such terms are defined in section 52-146k. 967 Sec. 38. Subdivision (14) of section 54-240 of the general statutes is 968 repealed and the following is substituted in lieu thereof (Effective 969 October 1, 2019): 970 (14) "Sexual assault" means any act that constitutes a violation of 971 Raised Bill No. 7396 LCO No. 6518 31 of 36 section 53a-70b of the general statutes, revision of 1958, revised to 972 January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 973 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a; and 974 Sec. 39. Subdivision (11) of section 54-250 of the general statutes is 975 repealed and the following is substituted in lieu thereof (Effective 976 October 1, 2019): 977 (11) "Sexually violent offense" means (A) a violation of section 53a-978 70b of the general statutes, revision of 1958, revised to January 1, 2019, 979 committed prior to October 1, 2019, or section 53a-70, except 980 subdivision (2) of subsection (a) of said section, 53a-70a, [53a-70b,] 53a-981 71, except subdivision (1), (4), (8) or (10) or subparagraph (B) of 982 subdivision (9) of subsection (a) of said section or subparagraph (A) of 983 subdivision (9) of subsection (a) of said section if the court makes a 984 finding that, at the time of the offense, the victim was under eighteen 985 years of age, 53a-72a, except subdivision (2) of subsection (a) of said 986 section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court 987 makes a finding that the offense was committed with intent to sexually 988 violate or abuse the victim, (B) a violation of any of the offenses 989 specified in subparagraph (A) of this subdivision for which a person is 990 criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a 991 violation of any predecessor statute to any of the offenses specified in 992 subparagraph (A) or (B) of this subdivision the essential elements of 993 which are substantially the same as said offense. 994 Sec. 40. Subsections (a) to (c), inclusive, of section 54-255 of the 995 general statutes are repealed and the following is substituted in lieu 996 thereof (Effective October 1, 2019): 997 (a) Upon the conviction or finding of not guilty by reason of mental 998 disease or defect of any person for a violation of section 53a-70b of the 999 general statutes, revision of 1958, revised to January 1, 2019, 1000 committed prior to October 1, 2019, the court may order the 1001 Department of Emergency Services and Public Protection to restrict the 1002 dissemination of the registration information to law enforcement 1003 Raised Bill No. 7396 LCO No. 6518 32 of 36 purposes only and to not make such information available for public 1004 access, provided the court finds that dissemination of the registration 1005 information is not required for public safety and that publication of the 1006 registration information would be likely to reveal the identity of the 1007 victim within the community where the victim resides. The court shall 1008 remove the restriction on the dissemination of such registration 1009 information if, at any time, the court finds that public safety requires 1010 that such person's registration information be made available to the 1011 public or that a change of circumstances makes publication of such 1012 registration information no longer likely to reveal the identity of the 1013 victim within the community where the victim resides. Prior to 1014 ordering or removing the restriction on the dissemination of such 1015 person's registration information, the court shall consider any 1016 information or statements provided by the victim. 1017 (b) Upon the conviction or finding of not guilty by reason of mental 1018 disease or defect of any person of a criminal offense against a victim 1019 who is a minor, a nonviolent sexual offense or a sexually violent 1020 offense, where the victim of such offense was, at the time of the 1021 offense, under eighteen years of age and related to such person within 1022 any of the degrees of kindred specified in section 46b-21, the court may 1023 order the Department of Emergency Services and Public Protection to 1024 restrict the dissemination of the registration information to law 1025 enforcement purposes only and to not make such information 1026 available for public access, provided the court finds that dissemination 1027 of the registration information is not required for public safety and that 1028 publication of the registration information would be likely to reveal 1029 the identity of the victim within the community where the victim 1030 resides. The court shall remove the restriction on the dissemination of 1031 such registration information if, at any time, it finds that public safety 1032 requires that such person's registration information be made available 1033 to the public or that a change in circumstances makes publication of 1034 the registration information no longer likely to reveal the identity of 1035 the victim within the community where the victim resides. 1036 (c) Any person who: (1) Has been convicted or found not guilty by 1037 Raised Bill No. 7396 LCO No. 6518 33 of 36 reason of mental disease or defect of a violation of subdivision (1) of 1038 subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1039 1999, and was under nineteen years of age at the time of the offense; (2) 1040 has been convicted or found not guilty by reason of mental disease or 1041 defect of a violation of subdivision (2) of subsection (a) of section 53a-1042 73a between October 1, 1988, and June 30, 1999; (3) has been convicted 1043 or found not guilty by reason of mental disease or defect of a criminal 1044 offense against a victim who is a minor, a nonviolent sexual offense or 1045 a sexually violent offense, between October 1, 1988, and June 30, 1999, 1046 where the victim of such offense was, at the time of the offense, under 1047 eighteen years of age and related to such person within any of the 1048 degrees of kindred specified in section 46b-21; (4) has been convicted 1049 or found not guilty by reason of mental disease or defect of a violation 1050 of section 53a-70b of the general statutes, revision of 1958, revised to 1051 January 1, 2019, committed prior to October 1, 2019, between October 1052 1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty 1053 by reason of mental disease or defect of any crime between October 1, 1054 1988, and September 30, 1998, which requires registration under 1055 sections 54-250 to 54-258a, inclusive, as amended by this act, and (A) 1056 served no jail or prison time as a result of such conviction or finding of 1057 not guilty by reason of mental disease or defect, (B) has not been 1058 subsequently convicted or found not guilty by reason of mental 1059 disease or defect of any crime which would require registration under 1060 sections 54-250 to 54-258a, inclusive, as amended by this act, and (C) 1061 has registered with the Department of Emergency Services and Public 1062 Protection in accordance with sections 54-250 to 54-258a, inclusive, as 1063 amended by this act; may petition the court to order the Department of 1064 Emergency Services and Public Protection to restrict the dissemination 1065 of the registration information to law enforcement purposes only and 1066 to not make such information available for public access. Any person 1067 who files such a petition shall, pursuant to subsection (b) of section 54-1068 227, notify the Office of Victim Services and the Victim Services Unit 1069 within the Department of Correction of the filing of such petition. The 1070 Office of Victim Services or the Victim Services Unit within the 1071 Department of Correction, or both, shall, pursuant to section 54-230 or 1072 Raised Bill No. 7396 LCO No. 6518 34 of 36 54-230a, notify any victim who has requested notification pursuant to 1073 subsection (b) of section 54-228 of the filing of such petition. Prior to 1074 granting or denying such petition, the court shall consider any 1075 information or statements provided by the victim. The court may order 1076 the Department of Emergency Services and Public Protection to restrict 1077 the dissemination of the registration information to law enforcement 1078 purposes only and to not make such information available for public 1079 access, provided the court finds that dissemination of the registration 1080 information is not required for public safety. 1081 Sec. 41. Subsection (a) of section 54-260 of the general statutes is 1082 repealed and the following is substituted in lieu thereof (Effective 1083 October 1, 2019): 1084 (a) For the purposes of this section, "sexual offender" means any 1085 person convicted of a violation of section 53a-70b of the general 1086 statutes, revision of 1958, revised to January 1, 2019, committed prior 1087 to October 1, 2019, or subdivision (2) of section 53-21 of the general 1088 statutes in effect prior to October 1, 2000, or subdivision (2) of 1089 subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 1090 53a-71, 53a-72a or 53a-72b committed on or after October 1, 1995. 1091 Sec. 42. Subsection (j) of section 46b-38b of the general statutes is 1092 repealed and the following is substituted in lieu thereof (Effective July 1093 1, 2019): 1094 (j) The provisions of this section shall not apply to persons who are 1095 (1) attending an institution of higher education and presently residing 1096 together in on-campus housing [, provided such persons are not in a 1097 dating relationship] or in off-campus housing that is owned, managed 1098 or operated by the institution of higher education or its agent, 1099 provided such persons are not family or household members as 1100 defined in subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of 1101 section 46b-38a, and (2) presently residing in a dwelling unit, as 1102 defined in section 47a-1, and making payments pursuant to a rental 1103 agreement, as defined in section 47a-1, provided such persons are not 1104 Raised Bill No. 7396 LCO No. 6518 35 of 36 [in a dating relationship] family or household members as defined in 1105 subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-1106 38a. 1107 Sec. 43. Section 53a-70b of the general statutes is repealed. (Effective 1108 October 1, 2019) 1109 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2019 10a-55a(a) Sec. 2 October 1, 2019 10a-55m(a)(5) Sec. 3 October 1, 2019 17a-112(j) Sec. 4 October 1, 2019 17b-749k(c) Sec. 5 October 1, 2019 19a-87a(a) Sec. 6 October 1, 2019 19a-87e(a) Sec. 7 October 1, 2019 19a-112b Sec. 8 October 1, 2019 19a-112e(5) Sec. 9 October 1, 2019 31-57r(8) Sec. 10 October 1, 2019 45a-717(g) and (h) Sec. 11 October 1, 2019 46b-38h Sec. 12 October 1, 2019 47a-11e(a) Sec. 13 October 1, 2019 52-161b(a) Sec. 14 October 1, 2019 53a-29(f) Sec. 15 October 1, 2019 53a-30(a) Sec. 16 October 1, 2019 53a-32a Sec. 17 October 1, 2019 53a-33 Sec. 18 October 1, 2019 53a-39a(a) Sec. 19 October 1, 2019 53a-40(d) Sec. 20 October 1, 2019 53a-40e(a) Sec. 21 October 1, 2019 53a-65 Sec. 22 October 1, 2019 53a-67(b) Sec. 23 October 1, 2019 54-56d(h) Sec. 24 October 1, 2019 54-56e(c) Sec. 25 October 1, 2019 54-76b(2) Sec. 26 October 1, 2019 54-76c(a) Sec. 27 October 1, 2019 54-76l(a) Sec. 28 October 1, 2019 54-86d Sec. 29 October 1, 2019 54-86e Sec. 30 October 1, 2019 54-86j(a) Raised Bill No. 7396 LCO No. 6518 36 of 36 Sec. 31 October 1, 2019 54-102b(a) Sec. 32 October 1, 2019 54-102g(a) Sec. 33 October 1, 2019 54-125e(c) Sec. 34 October 1, 2019 54-125i(a) Sec. 35 October 1, 2019 54-143c Sec. 36 October 1, 2019 54-193b Sec. 37 October 1, 2019 54-209(d) and (e) Sec. 38 October 1, 2019 54-240(14) Sec. 39 October 1, 2019 54-250(11) Sec. 40 October 1, 2019 54-255(a) to (c) Sec. 41 October 1, 2019 54-260(a) Sec. 42 July 1, 2019 46b-38b(j) Sec. 43 October 1, 2019 Repealer section Statement of Purpose: To repeal section 53a-70b of the general statutes concerning sexual assault in a spousal or cohabitating relationship and to make conforming changes. [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.]