CT
Connecticut House Bill HB07396

Connecticut 2019 Regular Session

Connecticut House Bill HB07396 Compare Versions

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7+General Assembly Substitute Bill No. 7396
8+January Session, 2019
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4-Substitute House Bill No. 7396
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6-Public Act No. 19-189
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914 AN ACT CONCERNING PA RITY BETWEEN SEXUAL ASSAULT IN
10-THE CASE OF A SPOUSA L OR COHABITATING RE LATIONSHIP
11-AND OTHER CRIMES OF SEXUAL ASSAULT AND CONCERNI NG
12-THE INVESTIGATION OF A FAMILY VIOLENCE CRIME.
15+THE CASE OF A SPOUSA L OR COHABITATING RELATIO NSHIP AND
16+OTHER CRIMES OF SEXU AL ASSAULT AND CONCE RNING THE
17+INVESTIGATION OF A FAMILY VIOLENCE CRIME .
1318 Be it enacted by the Senate and House of Representatives in General
1419 Assembly convened:
1520
16-Section 1. Subsection (a) of section 10a-55a of the general statutes is
17-repealed and the following is substituted in lieu thereof (Effective
18-October 1, 2019):
19-(a) On or before October 1, 1991, and annually thereafter, each
20-institution of higher education shall prepare in such manner as the
21-president of the Connecticut State Colleges and Universities shall
22-prescribe a uniform campus crime report concerning crimes committed
23-in the immediately preceding calendar year within the geographical
24-limits of the property owned or under the control of such institution.
25-Such report shall be in accordance with the uniform crime reporting
26-system pursuant to section 29-1c, provided such report is limited to
27-those offenses included in part I of the most recently published edition
28-of the Uniform Crime Reports for the United States as authorized by
29-the Federal Bureau of Investigation and the United States Department
30-of Justice, sexual assault under section 53a-70b of the general statutes,
31-revision of 1958, revised to January 1, 2019, or sections 53a-70, 53a-70a, Substitute House Bill No. 7396
21+Section 1. Subsection (a) of section 10a-55a of the general statutes is 1
22+repealed and the following is substituted in lieu thereof (Effective 2
23+October 1, 2019): 3
24+(a) On or before October 1, 1991, and annually thereafter, each 4
25+institution of higher education shall prepare in such manner as the 5
26+president of the Connecticut State Colleges and Universities shall 6
27+prescribe a uniform campus crime report concerning crimes committed 7
28+in the immediately preceding calendar year within the geographical 8
29+limits of the property owned or under the control of such institution. 9
30+Such report shall be in accordance with the uniform crime reporting 10
31+system pursuant to section 29-1c, provided such report is limited to 11
32+those offenses included in part I of the most recently published edition 12
33+of the Uniform Crime Reports for the United States as authorized by 13
34+the Federal Bureau of Investigation and the United States Department 14
35+of Justice, sexual assault under section 53a-70b of the general statutes, 15
36+revision of 1958, revised to January 1, 2019, committed prior to October 16
37+1, 2019, or sections 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b 17 Substitute Bill No. 7396
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35-[53a-70b,] 53a-71, 53a-72a, 53a-72b and 53a-73a, stalking under sections
36-53a-181c, 53a-181d and 53a-181e and family violence as designated
37-under section 46b-38h, as amended by this act. The state police, local
38-police departments and special police forces established pursuant to
39-section 10a-156b, as amended by this act, shall cooperate with
40-institutions of higher education in preparing such reports. Institutions
41-with more than one campus shall prepare such reports for each
42-campus.
43-Sec. 2. Subdivision (5) of subsection (a) of section 10a-55m of the
44-general statutes is repealed and the following is substituted in lieu
45-thereof (Effective October 1, 2019):
46-(5) "Intimate partner violence" means any physical or sexual harm
47-against an individual by a current or former spouse of or person in a
48-dating relationship with such individual that results from any action
49-by such spouse or such person that may be classified as a sexual
50-assault under section 53a-70b of the general statutes, revision of 1958,
51-revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71,
52-53a-72a, 53a-72b or 53a-73a, stalking under section 53a-181c, 53a-181d
53-or 53a-181e, or family violence as designated under section 46b-38h, as
54-amended by this act;
55-Sec. 3. Subsection (j) of section 17a-112 of the general statutes is
56-repealed and the following is substituted in lieu thereof (Effective
57-October 1, 2019):
58-(j) The Superior Court, upon notice and hearing as provided in
59-sections 45a-716 and 45a-717, as amended by this act, may grant a
60-petition filed pursuant to this section if it finds by clear and convincing
61-evidence that (1) the Department of Children and Families has made
62-reasonable efforts to locate the parent and to reunify the child with the
63-parent in accordance with subsection (a) of section 17a-111b, unless the
64-court finds in this proceeding that the parent is unable or unwilling to Substitute House Bill No. 7396
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44+and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e 18
45+and family violence as designated under section 46b-38h, as amended 19
46+by this act. The state police, local police departments and special police 20
47+forces established pursuant to section 10a-156b, as amended by this 21
48+act, shall cooperate with institutions of higher education in preparing 22
49+such reports. Institutions with more than one campus shall prepare 23
50+such reports for each campus. 24
51+Sec. 2. Subdivision (5) of subsection (a) of section 10a-55m of the 25
52+general statutes is repealed and the following is substituted in lieu 26
53+thereof (Effective October 1, 2019): 27
54+(5) "Intimate partner violence" means any physical or sexual harm 28
55+against an individual by a current or former spouse of or person in a 29
56+dating relationship with such individual that results from any action 30
57+by such spouse or such person that may be classified as a sexual 31
58+assault under section 53a-70b of the general statutes, revision of 1958, 32
59+revised to January 1, 2019, committed prior to October 1, 2019, or 33
60+section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, 34
61+stalking under section 53a-181c, 53a-181d or 53a-181e, or family 35
62+violence as designated under section 46b-38h, as amended by this act; 36
63+Sec. 3. Subsection (j) of section 17a-112 of the general statutes is 37
64+repealed and the following is substituted in lieu thereof (Effective 38
65+October 1, 2019): 39
66+(j) The Superior Court, upon notice and hearing as provided in 40
67+sections 45a-716 and 45a-717, as amended by this act, may grant a 41
68+petition filed pursuant to this section if it finds by clear and convincing 42
69+evidence that (1) the Department of Children and Families has made 43
70+reasonable efforts to locate the parent and to reunify the child with the 44
71+parent in accordance with subsection (a) of section 17a-111b, unless the 45
72+court finds in this proceeding that the parent is unable or unwilling to 46
73+benefit from reunification efforts, except that such finding is not 47
74+required if the court has determined at a hearing pursuant to section 48
75+17a-111b, or determines at trial on the petition, that such efforts are not 49 Substitute Bill No. 7396
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68-benefit from reunification efforts, except that such finding is not
69-required if the court has determined at a hearing pursuant to section
70-17a-111b, or determines at trial on the petition, that such efforts are not
71-required, (2) termination is in the best interest of the child, and (3) (A)
72-the child has been abandoned by the parent in the sense that the parent
73-has failed to maintain a reasonable degree of interest, concern or
74-responsibility as to the welfare of the child; (B) the child (i) has been
75-found by the Superior Court or the Probate Court to have been
76-neglected, abused or uncared for in a prior proceeding, or (ii) is found
77-to be neglected, abused or uncared for and has been in the custody of
78-the commissioner for at least fifteen months and the parent of such
79-child has been provided specific steps to take to facilitate the return of
80-the child to the parent pursuant to section 46b-129 and has failed to
81-achieve such degree of personal rehabilitation as would encourage the
82-belief that within a reasonable time, considering the age and needs of
83-the child, such parent could assume a responsible position in the life of
84-the child; (C) the child has been denied, by reason of an act or acts of
85-parental commission or omission including, but not limited to, sexual
86-molestation or exploitation, severe physical abuse or a pattern of
87-abuse, the care, guidance or control necessary for the child's physical,
88-educational, moral or emotional well-being, except that nonaccidental
89-or inadequately explained serious physical injury to a child shall
90-constitute prima facie evidence of acts of parental commission or
91-omission sufficient for the termination of parental rights; (D) there is
92-no ongoing parent-child relationship, which means the relationship
93-that ordinarily develops as a result of a parent having met on a day-to-
94-day basis the physical, emotional, moral and educational needs of the
95-child and to allow further time for the establishment or
96-reestablishment of such parent-child relationship would be
97-detrimental to the best interest of the child; (E) the parent of a child
98-under the age of seven years who is neglected, abused or uncared for,
99-has failed, is unable or is unwilling to achieve such degree of personal
100-rehabilitation as would encourage the belief that within a reasonable Substitute House Bill No. 7396
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104-period of time, considering the age and needs of the child, such parent
105-could assume a responsible position in the life of the child and such
106-parent's parental rights of another child were previously terminated
107-pursuant to a petition filed by the Commissioner of Children and
108-Families; (F) the parent has killed through deliberate, nonaccidental act
109-another child of the parent or has requested, commanded, importuned,
110-attempted, conspired or solicited such killing or has committed an
111-assault, through deliberate, nonaccidental act that resulted in serious
112-bodily injury of another child of the parent; or (G) the parent
113-committed an act that constitutes sexual assault as described in section
114-53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or
115-compelling a spouse or cohabitor to engage in sexual intercourse by
116-the use of force or by the threat of the use of force as described in
117-section 53a-70b of the general statutes, revision of 1958, revised to
118-January 1, 2019, if such act resulted in the conception of the child.
119-Sec. 4. Subsection (c) of section 17b-749k of the general statutes is
120-repealed and the following is substituted in lieu thereof (Effective
121-October 1, 2019):
122-(c) The commissioner shall have the discretion to refuse payments
123-for child care under any financial assistance program administered by
124-him or her if the person or relative providing such child care has been
125-convicted in this state or any other state of a felony, as defined in
126-section 53a-25, involving the use, attempted use or threatened use of
127-physical force against another person, of cruelty to persons under
128-section 53-20, injury or risk of injury to or impairing morals of children
129-under section 53-21, abandonment of children under the age of six
130-years under section 53-23 or any felony where the victim of the felony
131-is a child under eighteen years of age, or of a violation of section 53a-
132-70b of the general statutes, revision of 1958, revised to January 1, 2019,
133-or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-
134-73a, or has a criminal record or was the subject of a substantiated Substitute House Bill No. 7396
82+required, (2) termination is in the best interest of the child, and (3) (A) 50
83+the child has been abandoned by the parent in the sense that the parent 51
84+has failed to maintain a reasonable degree of interest, concern or 52
85+responsibility as to the welfare of the child; (B) the child (i) has been 53
86+found by the Superior Court or the Probate Court to have been 54
87+neglected, abused or uncared for in a prior proceeding, or (ii) is found 55
88+to be neglected, abused or uncared for and has been in the custody of 56
89+the commissioner for at least fifteen months and the parent of such 57
90+child has been provided specific steps to take to facilitate the return of 58
91+the child to the parent pursuant to section 46b-129 and has failed to 59
92+achieve such degree of personal rehabilitation as would encourage the 60
93+belief that within a reasonable time, considering the age and needs of 61
94+the child, such parent could assume a responsible position in the life of 62
95+the child; (C) the child has been denied, by reason of an act or acts of 63
96+parental commission or omission including, but not limited to, sexual 64
97+molestation or exploitation, severe physical abuse or a pattern of 65
98+abuse, the care, guidance or control necessary for the child's physical, 66
99+educational, moral or emotional well-being, except that nonaccidental 67
100+or inadequately explained serious physical injury to a child shall 68
101+constitute prima facie evidence of acts of parental commission or 69
102+omission sufficient for the termination of parental rights; (D) there is 70
103+no ongoing parent-child relationship, which means the relationship 71
104+that ordinarily develops as a result of a parent having met on a day-to-72
105+day basis the physical, emotional, moral and educational needs of the 73
106+child and to allow further time for the establishment or 74
107+reestablishment of such parent-child relationship would be 75
108+detrimental to the best interest of the child; (E) the parent of a child 76
109+under the age of seven years who is neglected, abused or uncared for, 77
110+has failed, is unable or is unwilling to achieve such degree of personal 78
111+rehabilitation as would encourage the belief that within a reasonable 79
112+period of time, considering the age and needs of the child, such parent 80
113+could assume a responsible position in the life of the child and such 81
114+parent's parental rights of another child were previously terminated 82
115+pursuant to a petition filed by the Commissioner of Children and 83
116+Families; (F) the parent has killed through deliberate, nonaccidental act 84 Substitute Bill No. 7396
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138-report of child abuse in this state or any other state that the
139-commissioner reasonably believes renders the person or relative
140-unsuitable to provide child care.
141-Sec. 5. Subsection (a) of section 19a-87a 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 shall have the discretion
145-to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a-
146-82 to 19a-87, inclusive, a person to conduct, operate or maintain a child
147-care center or a group child care home, as described in section 19a-77,
148-or to suspend or revoke the license or take any other action set forth in
149-regulation that may be adopted pursuant to section 19a-79 if, the
150-person who owns, conducts, maintains or operates such center or
151-home or a person employed therein in a position connected with the
152-provision of care to a child receiving child care services, has been
153-convicted in this state or any other state of a felony as defined in
154-section 53a-25 involving the use, attempted use or threatened use of
155-physical force against another person, of cruelty to persons under
156-section 53-20, injury or risk of injury to or impairing morals of children
157-under section 53-21, abandonment of children under the age of six
158-years under section 53-23, or any felony where the victim of the felony
159-is a child under eighteen years of age, or of a violation of section 53a-
160-70b of the general statutes, revision of 1958, revised to January 1, 2019,
161-or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-
162-73a, or has a criminal record in this state or any other state that the
163-commissioner reasonably believes renders the person unsuitable to
164-own, conduct, operate or maintain or be employed by a child care
165-center or group child care home. However, no refusal of a license shall
166-be rendered except in accordance with the provisions of sections 46a-
167-79 to 46a-81, inclusive.
168-Sec. 6. Subsection (a) of section 19a-87e of the general statutes is Substitute House Bill No. 7396
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123+another child of the parent or has requested, commanded, importuned, 85
124+attempted, conspired or solicited such killing or has committed an 86
125+assault, through deliberate, nonaccidental act that resulted in serious 87
126+bodily injury of another child of the parent; or (G) the parent 88
127+committed an act that constitutes sexual assault as described in section 89
128+53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or 90
129+compelling a spouse or cohabitor to engage in sexual intercourse by 91
130+the use of force or by the threat of the use of force as described in 92
131+section 53a-70b of the general statutes, revision of 1958, revised to 93
132+January 1, 2019, committed prior to October 1, 2019, if such act resulted 94
133+in the conception of the child. 95
134+Sec. 4. Subsection (c) of section 17b-749k of the general statutes is 96
135+repealed and the following is substituted in lieu thereof (Effective 97
136+October 1, 2019): 98
137+(c) The commissioner shall have the discretion to refuse payments 99
138+for child care under any financial assistance program administered by 100
139+him or her if the person or relative providing such child care has been 101
140+convicted in this state or any other state of a felony, as defined in 102
141+section 53a-25, involving the use, attempted use or threatened use of 103
142+physical force against another person, of cruelty to persons under 104
143+section 53-20, injury or risk of injury to or impairing morals of children 105
144+under section 53-21, abandonment of children under the age of six 106
145+years under section 53-23 or any felony where the victim of the felony 107
146+is a child under eighteen years of age, or of a violation of section 53a-108
147+70b of the general statutes, revision of 1958, revised to January 1, 2019, 109
148+committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-110
149+70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record or 111
150+was the subject of a substantiated report of child abuse in this state or 112
151+any other state that the commissioner reasonably believes renders the 113
152+person or relative unsuitable to provide child care. 114
153+Sec. 5. Subsection (a) of section 19a-87a of the general statutes is 115
154+repealed and the following is substituted in lieu thereof (Effective 116
155+October 1, 2019): 117 Substitute Bill No. 7396
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172-repealed and the following is substituted in lieu thereof (Effective
173-October 1, 2019):
174-(a) The Commissioner of Early Childhood may (1) refuse to license
175-under section 19a-87b, a person to own, conduct, operate or maintain a
176-family child care home, as defined in section 19a-77, (2) refuse to
177-approve under section 19a-87b, a person to act as an assistant or
178-substitute staff member in a family child care home, as defined in
179-section 19a-77, or (3) suspend or revoke the license or approval or take
180-any other action that may be set forth in regulation that may be
181-adopted pursuant to section 19a-79 if the person who owns, conducts,
182-maintains or operates the family child care home, the person who acts
183-as an assistant or substitute staff member in a family child care home, a
184-person employed in such family child care home in a position
185-connected with the provision of care to a child receiving child care
186-services or a household member, as defined in subsection (c) of section
187-19a-87b, who is sixteen years of age or older and resides therein, has
188-been convicted, in this state or any other state of a felony, as defined in
189-section 53a-25, involving the use, attempted use or threatened use of
190-physical force against another person, or has a criminal record in this
191-state or any other state that the commissioner reasonably believes
192-renders the person unsuitable to own, conduct, operate or maintain or
193-be employed by a family child care home, or act as an assistant or
194-substitute staff member in a family child care home, or if such persons
195-or a household member has been convicted in this state or any other
196-state of cruelty to persons under section 53-20, injury or risk of injury
197-to or impairing morals of children under section 53-21, abandonment
198-of children under the age of six years under section 53-23, or any
199-felony where the victim of the felony is a child under eighteen years of
200-age, a violation of section 53a-70b of the general statutes, revision of
201-1958, revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,]
202-53a-71, 53a-72a, 53a-72b or 53a-73a, illegal manufacture, distribution,
203-sale, prescription, dispensing or administration under section 21a-277 Substitute House Bill No. 7396
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207-or 21a-278, or illegal possession under section 21a-279, or if such
208-person, a person who acts as assistant or substitute staff member in a
209-family child care home or a person employed in such family child care
210-home in a position connected with the provision of care to a child
211-receiving child care services, either fails to substantially comply with
212-the regulations adopted pursuant to section 19a-87b, or conducts,
213-operates or maintains the home in a manner which endangers the
214-health, safety and welfare of the children receiving child care services.
215-Any refusal of a license or approval pursuant to this section shall be
216-rendered in accordance with the provisions of sections 46a-79 to 46a-
217-81, inclusive. Any person whose license or approval has been revoked
218-pursuant to this section shall be ineligible to apply for a license or
219-approval for a period of one year from the effective date of revocation.
220-Sec. 7. Section 19a-112b of the general statutes is repealed and the
221-following is substituted in lieu thereof (Effective October 1, 2019):
222-The Department of Public Health shall provide to victims of a
223-sexual act constituting a violation of section 53a-70b of the general
224-statutes, revision of 1958, revised to January 1, 2019, or section 53-21,
225-53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-73a or 53a-
226-192a, regardless of whether any person is convicted or adjudicated
227-delinquent for such violation, the following services: (1) Counseling
228-regarding human immunodeficiency virus and acquired immune
229-deficiency syndrome; (2) HIV-related testing; and (3) referral service
230-for appropriate health care and support services. Such services shall be
231-provided through counseling and testing sites funded by the
232-Department of Public Health.
233-Sec. 8. Subdivision (5) of section 19a-112e of the general statutes is
234-repealed and the following is substituted in lieu thereof (Effective
235-October 1, 2019):
236-(5) "Sexual offense" means a violation of section 53a-70b of the Substitute House Bill No. 7396
162+(a) The Commissioner of Early Childhood shall have the discretion 118
163+to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a-119
164+82 to 19a-87, inclusive, a person to conduct, operate or maintain a child 120
165+care center or a group child care home, as described in section 19a-77, 121
166+or to suspend or revoke the license or take any other action set forth in 122
167+regulation that may be adopted pursuant to section 19a-79 if, the 123
168+person who owns, conducts, maintains or operates such center or 124
169+home or a person employed therein in a position connected with the 125
170+provision of care to a child receiving child care services, has been 126
171+convicted in this state or any other state of a felony as defined in 127
172+section 53a-25 involving the use, attempted use or threatened use of 128
173+physical force against another person, of cruelty to persons under 129
174+section 53-20, injury or risk of injury to or impairing morals of children 130
175+under section 53-21, abandonment of children under the age of six 131
176+years under section 53-23, or any felony where the victim of the felony 132
177+is a child under eighteen years of age, or of a violation of section 53a-133
178+70b of the general statutes, revision of 1958, revised to January 1, 2019, 134
179+committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-135
180+70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in 136
181+this state or any other state that the commissioner reasonably believes 137
182+renders the person unsuitable to own, conduct, operate or maintain or 138
183+be employed by a child care center or group child care home. 139
184+However, no refusal of a license shall be rendered except in accordance 140
185+with the provisions of sections 46a-79 to 46a-81, inclusive. 141
186+Sec. 6. Subsection (a) of section 19a-87e of the general statutes is 142
187+repealed and the following is substituted in lieu thereof (Effective 143
188+October 1, 2019): 144
189+(a) The Commissioner of Early Childhood may (1) refuse to license 145
190+under section 19a-87b, a person to own, conduct, operate or maintain a 146
191+family child care home, as defined in section 19a-77, (2) refuse to 147
192+approve under section 19a-87b, a person to act as an assistant or 148
193+substitute staff member in a family child care home, as defined in 149
194+section 19a-77, or (3) suspend or revoke the license or approval or take 150 Substitute Bill No. 7396
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239196
240-general statutes, revision of 1958, revised to January 1, 2019, or
241-subsection (a) of section 53a-70 [,] or section 53a-70a, [or 53a-70b,]
242-subsection (a) of section 53a-71, section 53a-72a or 53a-72b, subdivision
243-(2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a)
244-of section 53a-87 or section 53a-90a, 53a-196a or 53a-196b.
245-Sec. 9. Subdivision (8) of section 31-57r of the general statutes is
246-repealed and the following is substituted in lieu thereof (Effective
247-October 1, 2019):
248-(8) "Sexual assault" means any act that constitutes a violation of
249-section 53a-70b of the general statutes, revision of 1958, revised to
250-January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a,
251-53a-72b or 53a-73a;
252-Sec. 10. Subsections (g) and (h) of section 45a-717 of the general
253-statutes are repealed and the following is substituted in lieu thereof
254-(Effective October 1, 2019):
255-(g) At the adjourned hearing or at the initial hearing where no
256-investigation and report has been requested, the court may approve a
257-petition terminating the parental rights and may appoint a guardian of
258-the person of the child, or, if the petitioner requests, the court may
259-appoint a statutory parent, if it finds, upon clear and convincing
260-evidence, that (1) the termination is in the best interest of the child, and
261-(2) (A) the child has been abandoned by the parent in the sense that the
262-parent has failed to maintain a reasonable degree of interest, concern
263-or responsibility as to the welfare of the child; (B) the child has been
264-denied, by reason of an act or acts of parental commission or omission,
265-including, but not limited to, sexual molestation and exploitation,
266-severe physical abuse or a pattern of abuse, the care, guidance or
267-control necessary for the child's physical, educational, moral or
268-emotional well-being. Nonaccidental or inadequately explained
269-serious physical injury to a child shall constitute prima facie evidence Substitute House Bill No. 7396
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201+any other action that may be set forth in regulation that may be 151
202+adopted pursuant to section 19a-79 if the person who owns, conducts, 152
203+maintains or operates the family child care home, the person who acts 153
204+as an assistant or substitute staff member in a family child care home, a 154
205+person employed in such family child care home in a position 155
206+connected with the provision of care to a child receiving child care 156
207+services or a household member, as defined in subsection (c) of section 157
208+19a-87b, who is sixteen years of age or older and resides therein, has 158
209+been convicted, in this state or any other state of a felony, as defined in 159
210+section 53a-25, involving the use, attempted use or threatened use of 160
211+physical force against another person, or has a criminal record in this 161
212+state or any other state that the commissioner reasonably believes 162
213+renders the person unsuitable to own, conduct, operate or maintain or 163
214+be employed by a family child care home, or act as an assistant or 164
215+substitute staff member in a family child care home, or if such persons 165
216+or a household member has been convicted in this state or any other 166
217+state of cruelty to persons under section 53-20, injury or risk of injury 167
218+to or impairing morals of children under section 53-21, abandonment 168
219+of children under the age of six years under section 53-23, or any 169
220+felony where the victim of the felony is a child under eighteen years of 170
221+age, a violation of section 53a-70b of the general statutes, revision of 171
222+1958, revised to January 1, 2019, committed prior to October 1, 2019, or 172
223+section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, 173
224+illegal manufacture, distribution, sale, prescription, dispensing or 174
225+administration under section 21a-277 or 21a-278, or illegal possession 175
226+under section 21a-279, or if such person, a person who acts as assistant 176
227+or substitute staff member in a family child care home or a person 177
228+employed in such family child care home in a position connected with 178
229+the provision of care to a child receiving child care services, either fails 179
230+to substantially comply with the regulations adopted pursuant to 180
231+section 19a-87b, or conducts, operates or maintains the home in a 181
232+manner which endangers the health, safety and welfare of the children 182
233+receiving child care services. Any refusal of a license or approval 183
234+pursuant to this section shall be rendered in accordance with the 184
235+provisions of sections 46a-79 to 46a-81, inclusive. Any person whose 185 Substitute Bill No. 7396
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273-of acts of parental commission or omission sufficient for the
274-termination of parental rights; (C) there is no ongoing parent-child
275-relationship which is defined as the relationship that ordinarily
276-develops as a result of a parent having met on a continuing, day-to-
277-day basis the physical, emotional, moral and educational needs of the
278-child and to allow further time for the establishment or
279-reestablishment of the parent-child relationship would be detrimental
280-to the best interests of the child; (D) a child of the parent (i) was found
281-by the Superior Court or the Probate Court to have been neglected,
282-abused or uncared for, as those terms are defined in section 46b-120, in
283-a prior proceeding, or (ii) is found to be neglected, abused or uncared
284-for and has been in the custody of the commissioner for at least fifteen
285-months and such parent has been provided specific steps to take to
286-facilitate the return of the child to the parent pursuant to section 46b-
287-129 and has failed to achieve such degree of personal rehabilitation as
288-would encourage the belief that within a reasonable time, considering
289-the age and needs of the child, such parent could assume a responsible
290-position in the life of the child; (E) a child of the parent, who is under
291-the age of seven years is found to be neglected, abused or uncared for,
292-and the parent has failed, is unable or is unwilling to achieve such
293-degree of personal rehabilitation as would encourage the belief that
294-within a reasonable amount of time, considering the age and needs of
295-the child, such parent could assume a responsible position in the life of
296-the child and such parent's parental rights of another child were
297-previously terminated pursuant to a petition filed by the
298-Commissioner of Children and Families; (F) the parent has killed
299-through deliberate, nonaccidental act another child of the parent or has
300-requested, commanded, importuned, attempted, conspired or solicited
301-such killing or has committed an assault, through deliberate,
302-nonaccidental act that resulted in serious bodily injury of another child
303-of the parent; (G) except as provided in subsection (h) of this section,
304-the parent committed an act that constitutes sexual assault as
305-described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b Substitute House Bill No. 7396
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308241
309-or 53a-73a or compelling a spouse or cohabitor to engage in sexual
310-intercourse by the use of force or by the threat of the use of force as
311-described in section 53a-70b of the general statutes, revision of 1958,
312-revised to January 1, 2019, if such act resulted in the conception of the
313-child; or (H) the parent was finally adjudged guilty of sexual assault
314-under section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-
315-73a or of compelling a spouse or cohabitor to engage in sexual
316-intercourse by the use of force or by the threat of the use of force under
317-section 53a-70b of the general statutes, revision of 1958, revised to
318-January 1, 2019, if such act resulted in the conception of the child.
319-(h) If the petition alleges an act described in subparagraph (G) of
320-subdivision (2) of subsection (g) of this section that resulted in the
321-conception of the child as a basis for termination of parental rights and
322-the court determines that the respondent parent was finally adjudged
323-not guilty of such act of sexual assault under section 53a-70, 53a-70a,
324-53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or
325-cohabitor to engage in sexual intercourse by the use of force or by the
326-threat of the use of force under section 53a-70b of the general statutes,
327-revision of 1958, revised to January 1, 2019, the court shall transfer the
328-case to the Superior Court and the clerk of the Probate Court shall
329-transmit to the clerk of the Superior Court to which the case was
330-transferred, the original files and papers in the case. The Superior
331-Court, upon hearing after notice as provided in this section and section
332-45a-716, may grant the petition as provided in this section.
333-Sec. 11. Section 46b-38h of the general statutes is repealed and the
334-following is substituted in lieu thereof (Effective October 1, 2019):
335-If any person is convicted of a violation of section 53a-70b of the
336-general statutes, revision of 1958, revised to January 1, 2019, or section
337-53a-59, 53a-59a, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-62, 53a-
338-63, 53a-64, 53a-64aa, 53a-64bb, 53a-64cc, 53a-70, 53a-70a, [53a-70b,] 53a-
339-70c, 53a-71, 53a-72a, 53a-72b, 53a-181, 53a-181c, 53a-181d, 53a-181e, Substitute House Bill No. 7396
242+license or approval has been revoked pursuant to this section shall be 186
243+ineligible to apply for a license or approval for a period of one year 187
244+from the effective date of revocation. 188
245+Sec. 7. Section 19a-112b of the general statutes is repealed and the 189
246+following is substituted in lieu thereof (Effective October 1, 2019): 190
247+The Department of Public Health shall provide to victims of a 191
248+sexual act constituting a violation of section 53a-70b of the general 192
249+statutes, revision of 1958, revised to January 1, 2019, committed prior 193
250+to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71, 194
251+53a-72a, 53a-72b, 53a-73a or 53a-192a, regardless of whether any 195
252+person is convicted or adjudicated delinquent for such violation, the 196
253+following services: (1) Counseling regarding human 197
254+immunodeficiency virus and acquired immune deficiency syndrome; 198
255+(2) HIV-related testing; and (3) referral service for appropriate health 199
256+care and support services. Such services shall be provided through 200
257+counseling and testing sites funded by the Department of Public 201
258+Health. 202
259+Sec. 8. Subdivision (5) of section 19a-112e of the general statutes is 203
260+repealed and the following is substituted in lieu thereof (Effective 204
261+October 1, 2019): 205
262+(5) "Sexual offense" means a violation of section 53a-70b of the 206
263+general statutes, revision of 1958, revised to January 1, 2019, 207
264+committed prior to October 1, 2019, or subsection (a) of section 53a-70 208
265+[,] or section 53a-70a, [or 53a-70b,] subsection (a) of section 53a-71, 209
266+section 53a-72a or 53a-72b, subdivision (2) of subsection (a) of section 210
267+53a-86, subdivision (2) of subsection (a) of section 53a-87 or section 211
268+53a-90a, 53a-196a or 53a-196b. 212
269+Sec. 9. Subdivision (8) of section 31-57r of the general statutes is 213
270+repealed and the following is substituted in lieu thereof (Effective 214
271+October 1, 2019): 215
272+(8) "Sexual assault" means any act that constitutes a violation of 216 Substitute Bill No. 7396
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343-53a-182, 53a-182b, 53a-183, 53a-223, 53a-223a or 53a-223b, against a
344-family or household member, as defined in section 46b-38a, the court
345-shall include a designation that such conviction involved family
346-violence on the court record for the purposes of criminal history record
347-information, as defined in subsection (a) of section 54-142g.
348-Sec. 12. Subsection (a) of section 47a-11e of the general statutes is
349-repealed and the following is substituted in lieu thereof (Effective
350-October 1, 2019):
351-(a) Notwithstanding the provisions of this chapter and chapter 831,
352-for rental agreements entered into or renewed on or after January 1,
353-2011, any tenant who (1) is a victim of family violence, as defined in
354-section 46b-38a, and (2) reasonably believes it is necessary to vacate the
355-dwelling unit due to fear of imminent harm to the tenant or a
356-dependent of the tenant because of family violence, may terminate his
357-or her rental agreement with the landlord for the dwelling unit that the
358-tenant occupies without penalty or liability for the remaining term of
359-the rental agreement by giving written notice to the landlord at least
360-thirty days prior to the date the tenant intends to terminate the rental
361-agreement. Notwithstanding the provisions of this chapter and chapter
362-831, for rental agreements entered into or renewed on or after January
363-1, 2014, any tenant who (A) is a victim of sexual assault under any
364-provision of section 53a-70b of the general statutes, revision of 1958,
365-revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71,
366-53a-72a, 53a-72b or 53a-73a, or is the parent or guardian with physical
367-custody of a dependent who is the victim of sexual assault under
368-section 53a-70c, and (B) reasonably believes it is necessary to vacate the
369-dwelling unit due to fear of imminent harm to the tenant or a
370-dependent of the tenant because of such sexual assault, may terminate
371-his or her rental agreement with the landlord for the dwelling unit that
372-the tenant occupies without penalty or liability for the remaining term
373-of the rental agreement by giving written notice to the landlord at least Substitute House Bill No. 7396
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279+section 53a-70b of the general statutes, revision of 1958, revised to 217
280+January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 218
281+53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a; 219
282+Sec. 10. Subsections (g) and (h) of section 45a-717 of the general 220
283+statutes are repealed and the following is substituted in lieu thereof 221
284+(Effective October 1, 2019): 222
285+(g) At the adjourned hearing or at the initial hearing where no 223
286+investigation and report has been requested, the court may approve a 224
287+petition terminating the parental rights and may appoint a guardian of 225
288+the person of the child, or, if the petitioner requests, the court may 226
289+appoint a statutory parent, if it finds, upon clear and convincing 227
290+evidence, that (1) the termination is in the best interest of the child, and 228
291+(2) (A) the child has been abandoned by the parent in the sense that the 229
292+parent has failed to maintain a reasonable degree of interest, concern 230
293+or responsibility as to the welfare of the child; (B) the child has been 231
294+denied, by reason of an act or acts of parental commission or omission, 232
295+including, but not limited to, sexual molestation and exploitation, 233
296+severe physical abuse or a pattern of abuse, the care, guidance or 234
297+control necessary for the child's physical, educational, moral or 235
298+emotional well-being. Nonaccidental or inadequately explained 236
299+serious physical injury to a child shall constitute prima facie evidence 237
300+of acts of parental commission or omission sufficient for the 238
301+termination of parental rights; (C) there is no ongoing parent-child 239
302+relationship which is defined as the relationship that ordinarily 240
303+develops as a result of a parent having met on a continuing, day-to-241
304+day basis the physical, emotional, moral and educational needs of the 242
305+child and to allow further time for the establishment or 243
306+reestablishment of the parent-child relationship would be detrimental 244
307+to the best interests of the child; (D) a child of the parent (i) was found 245
308+by the Superior Court or the Probate Court to have been neglected, 246
309+abused or uncared for, as those terms are defined in section 46b-120, in 247
310+a prior proceeding, or (ii) is found to be neglected, abused or uncared 248
311+for and has been in the custody of the commissioner for at least fifteen 249 Substitute Bill No. 7396
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377-thirty days prior to the date the tenant intends to terminate the rental
378-agreement.
379-Sec. 13. Subsection (a) of section 52-161b of the general statutes is
380-repealed and the following is substituted in lieu thereof (Effective
381-October 1, 2019):
382-(a) A pro se litigant in any civil matter, including a habeas corpus
383-proceeding, shall notify the clerk of the court if such litigant has been
384-convicted of a family violence crime, as defined in section 53a-70b of
385-the general statutes, revision of 1958, revised to January 1, 2019, or
386-section 46b-38a, or a violation of section 53-21, 53a-70, 53a-70a, [53a-
387-70b,] 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d or 53a-181e
388-and if the subject of a subpoena to be issued by such litigant in such
389-matter is the victim of the crime for which such litigant was convicted.
390-Sec. 14. Subsection (f) of section 53a-29 of the general statutes is
391-repealed and the following is substituted in lieu thereof (Effective
392-October 1, 2019):
393-(f) The period of probation, unless terminated sooner as provided in
394-section 53a-32, shall be not less than ten years or more than thirty-five
395-years for conviction of a violation of section 53a-70b of the general
396-statutes, revision of 1958, revised to January 1, 2019, or subdivision (2)
397-of subsection (a) of section 53-21 [,] or section 53a-70, 53a-70a, [53a-
398-70b,] 53a-71, 53a-72a, 53a-72b, 53a-90a or subdivision (2), (3) or (4) of
399-subsection (a) of section 53a-189a, or section 53a-196b, 53a-196c, 53a-
400-196d, 53a-196e or 53a-196f.
401-Sec. 15. Subsection (a) of section 53a-30 of the general statutes is
402-repealed and the following is substituted in lieu thereof (Effective
403-October 1, 2019):
404-(a) When imposing sentence of probation or conditional discharge,
405-the court may, as a condition of the sentence, order that the defendant: Substitute House Bill No. 7396
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409-(1) Work faithfully at a suitable employment or faithfully pursue a
410-course of study or of vocational training that will equip the defendant
411-for suitable employment; (2) undergo medical or psychiatric treatment
412-and remain in a specified institution, when required for that purpose;
413-(3) support the defendant's dependents and meet other family
414-obligations; (4) make restitution of the fruits of the defendant's offense
415-or make restitution, in an amount the defendant can afford to pay or
416-provide in a suitable manner, for the loss or damage caused thereby.
417-The court or the Court Support Services Division, if authorized by the
418-court, may fix the amount thereof and the manner of performance, and
419-the victim shall be advised by the court or the Court Support Services
420-Division that restitution ordered under this section may be enforced
421-pursuant to section 53a-28a; (5) if a minor, (A) reside with the minor's
422-parents or in a suitable foster home, (B) attend school, and (C)
423-contribute to the minor's own support in any home or foster home; (6)
424-post a bond or other security for the performance of any or all
425-conditions imposed; (7) refrain from violating any criminal law of the
426-United States, this state or any other state; (8) if convicted of a
427-misdemeanor or a felony, other than a capital felony under the
428-provisions of section 53a-54b in effect prior to April 25, 2012, a class A
429-felony or a violation of section 53a-70b of the general statutes, revision
430-of 1958, revised to January 1, 2019, or section 21a-278, 21a-278a, 53a-55,
431-53a-56, 53a-56b, 53a-57 [,] or 53a-58 [or 53a-70b] or any offense for
432-which there is a mandatory minimum sentence which may not be
433-suspended or reduced by the court, and any sentence of imprisonment
434-is suspended, participate in an alternate incarceration program; (9)
435-reside in a residential community center or halfway house approved
436-by the Commissioner of Correction, and contribute to the cost incident
437-to such residence; (10) participate in a program of community service
438-labor in accordance with section 53a-39c; (11) participate in a program
439-of community service in accordance with section 51-181c; (12) if
440-convicted of a violation of section 53a-70b of the general statutes,
441-revision of 1958, revised to January 1, 2019, or subdivision (2) of Substitute House Bill No. 7396
318+months and such parent has been provided specific steps to take to 250
319+facilitate the return of the child to the parent pursuant to section 46b-251
320+129 and has failed to achieve such degree of personal rehabilitation as 252
321+would encourage the belief that within a reasonable time, considering 253
322+the age and needs of the child, such parent could assume a responsible 254
323+position in the life of the child; (E) a child of the parent, who is under 255
324+the age of seven years is found to be neglected, abused or uncared for, 256
325+and the parent has failed, is unable or is unwilling to achieve such 257
326+degree of personal rehabilitation as would encourage the belief that 258
327+within a reasonable amount of time, considering the age and needs of 259
328+the child, such parent could assume a responsible position in the life of 260
329+the child and such parent's parental rights of another child were 261
330+previously terminated pursuant to a petition filed by the 262
331+Commissioner of Children and Families; (F) the parent has killed 263
332+through deliberate, nonaccidental act another child of the parent or has 264
333+requested, commanded, importuned, attempted, conspired or solicited 265
334+such killing or has committed an assault, through deliberate, 266
335+nonaccidental act that resulted in serious bodily injury of another child 267
336+of the parent; (G) except as provided in subsection (h) of this section, 268
337+the parent committed an act that constitutes sexual assault as 269
338+described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b 270
339+or 53a-73a or compelling a spouse or cohabitor to engage in sexual 271
340+intercourse by the use of force or by the threat of the use of force as 272
341+described in section 53a-70b of the general statutes, revision of 1958, 273
342+revised to January 1, 2019, committed prior to October 1, 2019, if such 274
343+act resulted in the conception of the child; or (H) the parent was finally 275
344+adjudged guilty of sexual assault under section 53a-70, 53a-70a, 53a-276
345+70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or of compelling a spouse or 277
346+cohabitor to engage in sexual intercourse by the use of force or by the 278
347+threat of the use of force under section 53a-70b of the general statutes, 279
348+revision of 1958, revised to January 1, 2019, committed prior to October 280
349+1, 2019, if such act resulted in the conception of the child. 281
350+(h) If the petition alleges an act described in subparagraph (G) of 282
351+subdivision (2) of subsection (g) of this section that resulted in the 283 Substitute Bill No. 7396
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444353
445-subsection (a) of section 53-21 [,] or section 53a-70, 53a-70a, [53a-70b,]
446-53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender
447-treatment; (13) if convicted of a criminal offense against a victim who
448-is a minor, a nonviolent sexual offense or a sexually violent offense, as
449-defined in section 54-250, as amended by this act, or of a felony that the
450-court finds was committed for a sexual purpose, as provided in section
451-54-254, register such person's identifying factors, as defined in section
452-54-250, as amended by this act, with the Commissioner of Emergency
453-Services and Public Protection when required pursuant to section 54-
454-251, 54-252 or 54-253, as the case may be; (14) be subject to electronic
455-monitoring, which may include the use of a global positioning system;
456-(15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-
457-181k or 53a-181l, participate in an anti-bias or diversity awareness
458-program or participate in a program of community service designed to
459-remedy damage caused by the commission of a bias crime or otherwise
460-related to the defendant's violation; (16) if convicted of a violation of
461-section 53-247, undergo psychiatric or psychological counseling or
462-participate in an animal cruelty prevention and education program
463-provided such a program exists and is available to the defendant; or
464-(17) satisfy any other conditions reasonably related to the defendant's
465-rehabilitation. The court shall cause a copy of any such order to be
466-delivered to the defendant and to the probation officer, if any.
467-Sec. 16. Section 53a-32a of the general statutes is repealed and the
468-following is substituted in lieu thereof (Effective October 1, 2019):
469-If a defendant who entered a plea of nolo contendere or a guilty
470-plea under the Alford doctrine to a violation of subdivision (2) of
471-section 53-21 of the general statutes in effect prior to October 1, 2000,
472-section 53a-70b of the general statutes, revision of 1958, revised to
473-January 1, 2019, or subdivision (2) of subsection (a) of section 53-21 or
474-section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, and was
475-ordered to undergo sexual offender treatment as a condition of Substitute House Bill No. 7396
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358+conception of the child as a basis for termination of parental rights and 284
359+the court determines that the respondent parent was finally adjudged 285
360+not guilty of such act of sexual assault under section 53a-70, 53a-70a, 286
361+53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or 287
362+cohabitor to engage in sexual intercourse by the use of force or by the 288
363+threat of the use of force under section 53a-70b of the general statutes, 289
364+revision of 1958, revised to January 1, 2019, committed prior to October 290
365+1, 2019, the court shall transfer the case to the Superior Court and the 291
366+clerk of the Probate Court shall transmit to the clerk of the Superior 292
367+Court to which the case was transferred, the original files and papers 293
368+in the case. The Superior Court, upon hearing after notice as provided 294
369+in this section and section 45a-716, may grant the petition as provided 295
370+in this section. 296
371+Sec. 11. Section 46b-38h of the general statutes is repealed and the 297
372+following is substituted in lieu thereof (Effective October 1, 2019): 298
373+If any person is convicted of a violation of section 53a-70b of the 299
374+general statutes, revision of 1958, revised to January 1, 2019, 300
375+committed prior to October 1, 2019, or section 53a-59, 53a-59a, 53a-59c, 301
376+53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-62, 53a-63, 53a-64, 53a-64aa, 53a-302
377+64bb, 53a-64cc, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-303
378+72b, 53a-181, 53a-181c, 53a-181d, 53a-181e, 53a-182, 53a-182b, 53a-183, 304
379+53a-223, 53a-223a or 53a-223b, against a family or household member, 305
380+as defined in section 46b-38a, the court shall include a designation that 306
381+such conviction involved family violence on the court record for the 307
382+purposes of criminal history record information, as defined in 308
383+subsection (a) of section 54-142g. 309
384+Sec. 12. Subsection (a) of section 47a-11e of the general statutes is 310
385+repealed and the following is substituted in lieu thereof (Effective 311
386+October 1, 2019): 312
387+(a) Notwithstanding the provisions of this chapter and chapter 831, 313
388+for rental agreements entered into or renewed on or after January 1, 314
389+2011, any tenant who (1) is a victim of family violence, as defined in 315 Substitute Bill No. 7396
478390
479-probation, becomes ineligible for such treatment because of such
480-defendant's refusal to acknowledge that such defendant committed the
481-act or acts charged, such defendant shall be deemed to be in violation
482-of the conditions of such defendant's probation and be returned to
483-court for proceedings in accordance with section 53a-32.
484-Sec. 17. Section 53a-33 of the general statutes is repealed and the
485-following is substituted in lieu thereof (Effective October 1, 2019):
486-The court or sentencing judge may at any time during the period of
487-probation or conditional discharge, after hearing and for good cause
488-shown, terminate a sentence of probation or conditional discharge
489-before the completion thereof, except a sentence of probation imposed
490-for conviction of a violation of subdivision (2) of section 53-21 of the
491-general statutes in effect prior to October 1, 2000, section 53a-70b of the
492-general statutes, revision of 1958, revised to January 1, 2019, or
493-subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-
494-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b.
495-Sec. 18. Subsection (a) of section 53a-39a of the general statutes is
496-repealed and the following is substituted in lieu thereof (Effective
497-October 1, 2019):
498-(a) In all cases where a defendant has been convicted of a
499-misdemeanor or a felony, other than a capital felony under the
500-provisions of section 53a-54b in effect prior to April 25, 2012, a class A
501-felony or a violation of section 53a-70b of the general statutes, revision
502-of 1958, revised to January 1, 2019, or section 21a-278, 21a-278a, 53a-55,
503-53a-56, 53a-56b, 53a-57 [,] or 53a-58 [or 53a-70b] or any other offense
504-for which there is a mandatory minimum sentence which may not be
505-suspended or reduced by the court, after trial or by a plea of guilty
506-without trial, and a term of imprisonment is part of a stated plea
507-agreement or the statutory penalty provides for a term of
508-imprisonment, the court may, in its discretion, order an assessment for Substitute House Bill No. 7396
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512-placement in an alternate incarceration program under contract with
513-the Judicial Department. If the Court Support Services Division
514-recommends placement in an alternate incarceration program, it shall
515-also submit to the court a proposed alternate incarceration plan. Upon
516-completion of the assessment, the court shall determine whether such
517-defendant shall be ordered to participate in such program as an
518-alternative to incarceration. If the court determines that the defendant
519-shall participate in such program, the court shall suspend any sentence
520-of imprisonment and shall make participation in the alternate
521-incarceration program a condition of probation as provided in section
522-53a-30, as amended by this act.
523-Sec. 19. Subsection (d) of section 53a-40 of the general statutes is
524-repealed and the following is substituted in lieu thereof (Effective
525-October 1, 2019):
526-(d) A persistent serious sexual offender is a person, other than a
527-person who qualifies as a persistent dangerous sexual offender under
528-subsection (b) of this section, who qualifies as a persistent serious
529-felony offender under subsection (c) of this section and the felony of
530-which such person presently stands convicted is a violation of section
531-53a-70b of the general statutes, revision of 1958, revised to January 1,
532-2019, or subdivision (2) of subsection (a) of section 53-21, or section
533-53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b and the prior
534-conviction is for a violation of section 53-21 of the general statutes,
535-revised to January 1, 1995, involving sexual contact, committed prior to
536-October 1, 1995, a violation of subdivision (2) of section 53-21 of the
537-general statutes, committed on or after October 1, 1995, and prior to
538-October 1, 2000, a violation of section 53a-70b of the general statutes,
539-revision of 1958, revised to January 1, 2019, or a violation of
540-subdivision (2) of subsection (a) of section 53-21 or a violation of
541-section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b.
542-Sec. 20. Subsection (a) of section 53a-40e of the general statutes is Substitute House Bill No. 7396
396+section 46b-38a, and (2) reasonably believes it is necessary to vacate the 316
397+dwelling unit due to fear of imminent harm to the tenant or a 317
398+dependent of the tenant because of family violence, may terminate his 318
399+or her rental agreement with the landlord for the dwelling unit that the 319
400+tenant occupies without penalty or liability for the remaining term of 320
401+the rental agreement by giving written notice to the landlord at least 321
402+thirty days prior to the date the tenant intends to terminate the rental 322
403+agreement. Notwithstanding the provisions of this chapter and chapter 323
404+831, for rental agreements entered into or renewed on or after January 324
405+1, 2014, any tenant who (A) is a victim of sexual assault under any 325
406+provision of section 53a-70b of the general statutes, revision of 1958, 326
407+revised to January 1, 2019, committed prior to October 1, 2019, or 327
408+section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, 328
409+or is the parent or guardian with physical custody of a dependent who 329
410+is the victim of sexual assault under section 53a-70c, and (B) reasonably 330
411+believes it is necessary to vacate the dwelling unit due to fear of 331
412+imminent harm to the tenant or a dependent of the tenant because of 332
413+such sexual assault, may terminate his or her rental agreement with 333
414+the landlord for the dwelling unit that the tenant occupies without 334
415+penalty or liability for the remaining term of the rental agreement by 335
416+giving written notice to the landlord at least thirty days prior to the 336
417+date the tenant intends to terminate the rental agreement. 337
418+Sec. 13. Subsection (a) of section 52-161b of the general statutes is 338
419+repealed and the following is substituted in lieu thereof (Effective 339
420+October 1, 2019): 340
421+(a) A pro se litigant in any civil matter, including a habeas corpus 341
422+proceeding, shall notify the clerk of the court if such litigant has been 342
423+convicted of a family violence crime, as defined in section 53a-70b of 343
424+the general statutes, revision of 1958, revised to January 1, 2019, 344
425+committed prior to October 1, 2019, or section 46b-38a, or a violation of 345
426+section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-346
427+73a, 53a-181c, 53a-181d or 53a-181e and if the subject of a subpoena to 347
428+be issued by such litigant in such matter is the victim of the crime for 348 Substitute Bill No. 7396
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546-repealed and the following is substituted in lieu thereof (Effective
547-October 1, 2019):
548-(a) If any person is convicted of (1) a violation of section 53a-70b of
549-the general statutes, revision of 1958, revised to January 1, 2019, or
550-subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59,
551-53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,]
552-53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e,
553-53a-182b or 53a-183, subdivision (2) of subsection (a) of section 53a-
554-192a, section 53a-223, 53a-223a or 53a-223b or attempt or conspiracy to
555-violate any of said sections or section 53a-54a, or (2) any crime that the
556-court determines constitutes a family violence crime, as defined in
557-section 46b-38a, or attempt or conspiracy to commit any such crime,
558-the court may, in addition to imposing the sentence authorized for the
559-crime under section 53a-35a or 53a-36, if the court is of the opinion that
560-the history and character and the nature and circumstances of the
561-criminal conduct of such offender indicate that a standing criminal
562-protective order will best serve the interest of the victim and the
563-public, issue a standing criminal protective order which shall remain
564-in effect for a duration specified by the court until modified or revoked
565-by the court for good cause shown. If any person is convicted of any
566-crime not specified in subdivision (1) or (2) of this subsection, the court
567-may, for good cause shown, issue a standing criminal protective order
568-pursuant to this subsection.
569-Sec. 21. Section 53a-65 of the general statutes is repealed and the
570-following is substituted in lieu thereof (Effective October 1, 2019):
571-As used in this part, [except section 53a-70b,] the following terms
572-have the following meanings:
573-(1) "Actor" means a person accused of sexual assault.
574-(2) "Sexual intercourse" means vaginal intercourse, anal intercourse, Substitute House Bill No. 7396
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435+which such litigant was convicted. 349
436+Sec. 14. Subsection (f) of section 53a-29 of the general statutes is 350
437+repealed and the following is substituted in lieu thereof (Effective 351
438+October 1, 2019): 352
439+(f) The period of probation, unless terminated sooner as provided in 353
440+section 53a-32, shall be not less than ten years or more than thirty-five 354
441+years for conviction of a violation of section 53a-70b of the general 355
442+statutes, revision of 1958, revised to January 1, 2019, committed prior 356
443+to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21 357
444+[,] or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-358
445+90a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a, or 359
446+section 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f. 360
447+Sec. 15. Subsection (a) of section 53a-30 of the general statutes is 361
448+repealed and the following is substituted in lieu thereof (Effective 362
449+October 1, 2019): 363
450+(a) When imposing sentence of probation or conditional discharge, 364
451+the court may, as a condition of the sentence, order that the defendant: 365
452+(1) Work faithfully at a suitable employment or faithfully pursue a 366
453+course of study or of vocational training that will equip the defendant 367
454+for suitable employment; (2) undergo medical or psychiatric treatment 368
455+and remain in a specified institution, when required for that purpose; 369
456+(3) support the defendant's dependents and meet other family 370
457+obligations; (4) make restitution of the fruits of the defendant's offense 371
458+or make restitution, in an amount the defendant can afford to pay or 372
459+provide in a suitable manner, for the loss or damage caused thereby. 373
460+The court or the Court Support Services Division, if authorized by the 374
461+court, may fix the amount thereof and the manner of performance, and 375
462+the victim shall be advised by the court or the Court Support Services 376
463+Division that restitution ordered under this section may be enforced 377
464+pursuant to section 53a-28a; (5) if a minor, (A) reside with the minor's 378
465+parents or in a suitable foster home, (B) attend school, and (C) 379
466+contribute to the minor's own support in any home or foster home; (6) 380 Substitute Bill No. 7396
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578-fellatio or cunnilingus between persons regardless of sex. [Its meaning
579-is limited to persons not married to each other.] Penetration, however
580-slight, is sufficient to complete vaginal intercourse, anal intercourse or
581-fellatio and does not require emission of semen. Penetration may be
582-committed by an object manipulated by the actor into the genital or
583-anal opening of the victim's body.
584-(3) "Sexual contact" means any contact with the intimate parts of a
585-person [not married to the actor] for the purpose of sexual gratification
586-of the actor or for the purpose of degrading or humiliating such person
587-or any contact of the intimate parts of the actor with a person [not
588-married to the actor] for the purpose of sexual gratification of the actor
589-or for the purpose of degrading or humiliating such person.
590-(4) "Impaired because of mental disability or disease" means that a
591-person suffers from a mental disability or disease which renders such
592-person incapable of appraising the nature of such person's conduct.
593-(5) "Mentally incapacitated" means that a person is rendered
594-temporarily incapable of appraising or controlling such person's
595-conduct owing to the influence of a drug or intoxicating substance
596-administered to such person without such person's consent, or owing
597-to any other act committed upon such person without such person's
598-consent.
599-(6) "Physically helpless" means that a person is (A) unconscious, or
600-(B) for any other reason, is physically unable to resist an act of sexual
601-intercourse or sexual contact or to communicate unwillingness to an
602-act of sexual intercourse or sexual contact.
603-(7) "Use of force" means: (A) Use of a dangerous instrument; or (B)
604-use of actual physical force or violence or superior physical strength
605-against the victim.
606-(8) "Intimate parts" means the genital area or any substance emitted Substitute House Bill No. 7396
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610-therefrom, groin, anus or any substance emitted therefrom, inner
611-thighs, buttocks or breasts.
612-(9) "Psychotherapist" means a physician, psychologist, nurse,
613-substance abuse counselor, social worker, clergyman, marital and
614-family therapist, mental health service provider, hypnotist or other
615-person, whether or not licensed or certified by the state, who performs
616-or purports to perform psychotherapy.
617-(10) "Psychotherapy" means the professional treatment, assessment
618-or counseling of a mental or emotional illness, symptom or condition.
619-(11) "Emotionally dependent" means that the nature of the patient's
620-or former patient's emotional condition and the nature of the treatment
621-provided by the psychotherapist are such that the psychotherapist
622-knows or has reason to know that the patient or former patient is
623-unable to withhold consent to sexual contact by or sexual intercourse
624-with the psychotherapist.
625-(12) "Therapeutic deception" means a representation by a
626-psychotherapist that sexual contact by or sexual intercourse with the
627-psychotherapist is consistent with or part of the patient's treatment.
628-(13) "School employee" means: (A) A teacher, substitute teacher,
629-school administrator, school superintendent, guidance counselor,
630-school counselor, psychologist, social worker, nurse, physician, school
631-paraprofessional or coach employed by a local or regional board of
632-education or a private elementary, middle or high school or working in
633-a public or private elementary, middle or high school; or (B) any other
634-person who, in the performance of his or her duties, has regular
635-contact with students and who provides services to or on behalf of
636-students enrolled in (i) a public elementary, middle or high school,
637-pursuant to a contract with the local or regional board of education, or
638-(ii) a private elementary, middle or high school, pursuant to a contract Substitute House Bill No. 7396
473+post a bond or other security for the performance of any or all 381
474+conditions imposed; (7) refrain from violating any criminal law of the 382
475+United States, this state or any other state; (8) if convicted of a 383
476+misdemeanor or a felony, other than a capital felony under the 384
477+provisions of section 53a-54b in effect prior to April 25, 2012, a class A 385
478+felony or a violation of section 53a-70b of the general statutes, revision 386
479+of 1958, revised to January 1, 2019, committed prior to October 1, 2019, 387
480+or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-388
481+58 [or 53a-70b] or any offense for which there is a mandatory 389
482+minimum sentence which may not be suspended or reduced by the 390
483+court, and any sentence of imprisonment is suspended, participate in 391
484+an alternate incarceration program; (9) reside in a residential 392
485+community center or halfway house approved by the Commissioner of 393
486+Correction, and contribute to the cost incident to such residence; (10) 394
487+participate in a program of community service labor in accordance 395
488+with section 53a-39c; (11) participate in a program of community 396
489+service in accordance with section 51-181c; (12) if convicted of a 397
490+violation of section 53a-70b of the general statutes, revision of 1958, 398
491+revised to January 1, 2019, committed prior to October 1, 2019, or 399
492+subdivision (2) of subsection (a) of section 53-21 [,] or section 53a-70, 400
493+53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, undergo specialized 401
494+sexual offender treatment; (13) if convicted of a criminal offense 402
495+against a victim who is a minor, a nonviolent sexual offense or a 403
496+sexually violent offense, as defined in section 54-250, as amended by 404
497+this act, or of a felony that the court finds was committed for a sexual 405
498+purpose, as provided in section 54-254, register such person's 406
499+identifying factors, as defined in section 54-250, as amended by this 407
500+act, with the Commissioner of Emergency Services and Pu blic 408
501+Protection when required pursuant to section 54-251, 54-252 or 54-253, 409
502+as the case may be; (14) be subject to electronic monitoring, which may 410
503+include the use of a global positioning system; (15) if convicted of a 411
504+violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, 412
505+participate in an anti-bias or diversity awareness program or 413
506+participate in a program of community service designed to remedy 414
507+damage caused by the commission of a bias crime or otherwise related 415 Substitute Bill No. 7396
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642-with the supervisory agent of such private school.
643-Sec. 22. Subsection (b) of section 53a-67 of the general statutes is
644-repealed and the following is substituted in lieu thereof (Effective
645-October 1, 2019):
646-(b) In any prosecution for an offense under this part, except an
647-offense under section 53a-70b of the general statutes, revision of 1958,
648-revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71,
649-53a-72a or 53a-72b, it shall be an affirmative defense that the defendant
650-and the alleged victim were, at the time of the alleged offense, living
651-together by mutual consent in a relationship of cohabitation, regardless
652-of the legal status of their relationship.
653-Sec. 23. Subsection (h) of section 54-56d of the general statutes is
654-repealed and the following is substituted in lieu thereof (Effective
655-October 1, 2019):
656-(h) (1) If, at the hearing, the court finds that there is a substantial
657-probability that the defendant, if provided with a course of treatment,
658-will regain competency within the period of any placement order
659-under this section, the court shall either (A) order placement of the
660-defendant for treatment for the purpose of rendering the defendant
661-competent, or (B) order placement of the defendant at a treatment
662-facility pending civil commitment proceedings pursuant to
663-subdivision (2) of this subsection.
664-(2) (A) Except as provided in subparagraph (B) of this subdivision, if
665-the court makes a finding pursuant to subdivision (1) of this subsection
666-and does not order placement pursuant to subparagraph (A) of said
667-subdivision, the court shall, on its own motion or on motion of the
668-state or the defendant, order placement of the defendant in the custody
669-of the Commissioner of Mental Health and Addiction Services at a
670-treatment facility pending civil commitment proceedings. The Substitute House Bill No. 7396
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514+to the defendant's violation; (16) if convicted of a violation of section 416
515+53-247, undergo psychiatric or psychological counseling or participate 417
516+in an animal cruelty prevention and education program provided such 418
517+a program exists and is available to the defendant; or (17) satisfy any 419
518+other conditions reasonably related to the defendant's rehabilitation. 420
519+The court shall cause a copy of any such order to be delivered to the 421
520+defendant and to the probation officer, if any. 422
521+Sec. 16. Section 53a-32a of the general statutes is repealed and the 423
522+following is substituted in lieu thereof (Effective October 1, 2019): 424
523+If a defendant who entered a plea of nolo contendere or a guilty 425
524+plea under the Alford doctrine to a violation of subdivision (2) of 426
525+section 53-21 of the general statutes in effect prior to October 1, 2000, 427
526+section 53a-70b of the general statutes, revision of 1958, revised to 428
527+January 1, 2019, committed prior to October 1, 2019, or subdivision (2) 429
528+of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 430
529+53a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual 431
530+offender treatment as a condition of probation, becomes ineligible for 432
531+such treatment because of such defendant's refusal to acknowledge 433
532+that such defendant committed the act or acts charged, such defendant 434
533+shall be deemed to be in violation of the conditions of such defendant's 435
534+probation and be returned to court for proceedings in accordance with 436
535+section 53a-32. 437
536+Sec. 17. Section 53a-33 of the general statutes is repealed and the 438
537+following is substituted in lieu thereof (Effective October 1, 2019): 439
538+The court or sentencing judge may at any time during the period of 440
539+probation or conditional discharge, after hearing and for good cause 441
540+shown, terminate a sentence of probation or conditional discharge 442
541+before the completion thereof, except a sentence of probation imposed 443
542+for conviction of a violation of subdivision (2) of section 53-21 of the 444
543+general statutes in effect prior to October 1, 2000, section 53a-70b of the 445
544+general statutes, revision of 1958, revised to January 1, 2019, 446
545+committed prior to October 1, 2019, or subdivision (2) of subsection (a) 447 Substitute Bill No. 7396
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674-treatment facility shall be determined by the Commissioner of Mental
675-Health and Addiction Services. Such order shall: (i) Include an
676-authorization for the Commissioner of Mental Health and Addiction
677-Services to apply for civil commitment of such defendant pursuant to
678-sections 17a-495 to 17a-528, inclusive; (ii) permit the defendant to agree
679-to request voluntarily to be admitted under section 17a-506 and
680-participate voluntarily in a treatment plan prepared by the
681-Commissioner of Mental Health and Addiction Services, and require
682-that the defendant comply with such treatment plan; and (iii) provide
683-that if the application for civil commitment is denied or not pursued
684-by the Commissioner of Mental Health and Addiction Services, or if
685-the defendant is unwilling or unable to comply with a treatment plan
686-despite reasonable efforts of the treatment facility to encourage the
687-defendant's compliance, the person in charge of the treatment facility,
688-or such person's designee, shall submit a written progress report to the
689-court and the defendant shall be returned to the court for a hearing
690-pursuant to subsection (k) of this section. Such written progress report
691-shall include the status of any civil commitment proceedings
692-concerning the defendant, the defendant's compliance with the
693-treatment plan, an opinion regarding the defendant's current
694-competency to stand trial, the clinical findings of the person
695-submitting the report and the facts upon which the findings are based,
696-and any other information concerning the defendant requested by the
697-court, including, but not limited to, the method of treatment or the
698-type, dosage and effect of any medication the defendant is receiving.
699-The Court Support Services Division shall monitor the defendant's
700-compliance with any applicable provisions of such order. The period
701-of placement and monitoring under such order shall not exceed the
702-period of the maximum sentence which the defendant could receive on
703-conviction of the charges against such defendant, or eighteen months,
704-whichever is less. If the defendant has complied with such treatment
705-plan and any applicable provisions of such order, at the end of the
706-period of placement and monitoring, the court shall approve the entry Substitute House Bill No. 7396
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710-of a nolle prosequi to the charges against the defendant or shall
711-dismiss such charges.
712-(B) This subdivision shall not apply: (i) To any person charged with
713-a class A felony, a class B felony, except a violation of section 53a-122
714-that does not involve the use, attempted use or threatened use of
715-physical force against another person, or a violation of section 53a-70b
716-of the general statutes, revision of 1958, revised to January 1, 2019, or
717-section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of
718-section 14-227n, subdivision (2) of subsection (a) of section 53-21 or
719-section 53a-56b, 53a-60d, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or
720-53a-72b; (ii) to any person charged with a crime or motor vehicle
721-violation who, as a result of the commission of such crime or motor
722-vehicle violation, causes the death of another person; or (iii) unless
723-good cause is shown, to any person charged with a class C felony.
724-Sec. 24. Subdivision (3) of subsection (m) of section 54-56d of the
725-general statutes is repealed and the following is substituted in lieu
726-thereof (Effective October 1, 2019):
727-(3) If the court orders the release of a defendant charged with the
728-commission of a crime that resulted in the death or serious physical
729-injury, as defined in section 53a-3, of another person, or with a
730-violation of section 53a-70b of the general statutes, revision of 1958,
731-revised to January 1, 2019, or subdivision (2) of subsection (a) of
732-section 53-21, subdivision (2) of subsection (a) of section 53a-60 or
733-section 53a-60a, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b,
734-or orders the placement of such defendant in the custody of the
735-Commissioner of Mental Health and Addiction Services or the
736-Commissioner of Developmental Services, the court may, on its own
737-motion or on motion of the prosecuting authority, order, as a condition
738-of such release or placement, periodic examinations of the defendant
739-as to the defendant's competency at intervals of not less than six
740-months. If, at any time after the initial periodic examination, the court Substitute House Bill No. 7396
552+of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 448
553+53a-72b. 449
554+Sec. 18. Subsection (a) of section 53a-39a of the general statutes is 450
555+repealed and the following is substituted in lieu thereof (Effective 451
556+October 1, 2019): 452
557+(a) In all cases where a defendant has been convicted of a 453
558+misdemeanor or a felony, other than a capital felony under the 454
559+provisions of section 53a-54b in effect prior to April 25, 2012, a class A 455
560+felony or a violation of section 53a-70b of the general statutes, revision 456
561+of 1958, revised to January 1, 2019, committed prior to October 1, 2019, 457
562+or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-458
563+58 [or 53a-70b] or any other offense for which there is a mandatory 459
564+minimum sentence which may not be suspended or reduced by the 460
565+court, after trial or by a plea of guilty without trial, and a term of 461
566+imprisonment is part of a stated plea agreement or the statutory 462
567+penalty provides for a term of imprisonment, the court may, in its 463
568+discretion, order an assessment for placement in an alternate 464
569+incarceration program under contract with the Judicial Department. If 465
570+the Court Support Services Division recommends placement in an 466
571+alternate incarceration program, it shall also submit to the court a 467
572+proposed alternate incarceration plan. Upon completion of the 468
573+assessment, the court shall determine whether such defendant shall be 469
574+ordered to participate in such program as an alternative to 470
575+incarceration. If the court determines that the defendant shall 471
576+participate in such program, the court shall suspend any sentence of 472
577+imprisonment and shall make participation in the alternate 473
578+incarceration program a condition of probation as provided in section 474
579+53a-30, as amended by this act. 475
580+Sec. 19. Subsection (d) of section 53a-40 of the general statutes is 476
581+repealed and the following is substituted in lieu thereof (Effective 477
582+October 1, 2019): 478
583+(d) A persistent serious sexual offender is a person, other than a 479 Substitute Bill No. 7396
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744-finds again, based upon an examiner's recommendation, that there is a
745-substantial probability that the defendant, if provided with a course of
746-treatment, will never regain competency, then any subsequent periodic
747-examination of the defendant as to the defendant's competency shall
748-be at intervals of not less than eighteen months. Such an examination
749-shall be conducted in accordance with subsection (d) of this section.
750-Periodic examinations ordered by the court under this subsection shall
751-continue until the court finds that the defendant has attained
752-competency or until the time within which the defendant may be
753-prosecuted for the crime with which the defendant is charged, as
754-provided in section 54-193 or 54-193a, has expired, whichever occurs
755-first.
756-Sec. 25. Subsection (c) of section 54-56e of the general statutes is
757-repealed and the following is substituted in lieu thereof (Effective
758-October 1, 2019):
759-(c) This section shall not be applicable: (1) To any person charged
760-with (A) a class A felony, (B) a class B felony, except a violation of
761-subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does
762-not involve the use, attempted use or threatened use of physical force
763-against another person, or a violation of subdivision (4) of subsection
764-(a) of section 53a-122 that does not involve the use, attempted use or
765-threatened use of physical force against another person and does not
766-involve a violation by a person who is a public official, as defined in
767-section 1-110, or a state or municipal employee, as defined in section 1-
768-110, or (C) a violation of section 53a-70b of the general statutes,
769-revision of 1958, revised to January 1, 2019, or section 14-227a or 14-
770-227m, subdivision (1) or (2) of subsection (a) of section 14-227n,
771-subdivision (2) of subsection (a) of section 53-21 or section 53a-56b,
772-53a-60d, 53a-70, 53a-70a, [53a-70b,] 53a-71, except as provided in
773-subdivision (5) of this subsection, 53a-72a, 53a-72b, 53a-90a, 53a-196e
774-or 53a-196f, (2) to any person charged with a crime or motor vehicle Substitute House Bill No. 7396
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590+person who qualifies as a persistent dangerous sexual offender under 480
591+subsection (b) of this section, who qualifies as a persistent serious 481
592+felony offender under subsection (c) of this section and the felony of 482
593+which such person presently stands convicted is a violation of section 483
594+53a-70b of the general statutes, revision of 1958, revised to January 1, 484
595+2019, committed prior to October 1, 2019, or subdivision (2) of 485
596+subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 486
597+53a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of 487
598+section 53-21 of the general statutes, revised to January 1, 1995, 488
599+involving sexual contact, committed prior to October 1, 1995, a 489
600+violation of subdivision (2) of section 53-21 of the general statutes, 490
601+committed on or after October 1, 1995, and prior to October 1, 2000, a 491
602+violation of section 53a-70b of the general statutes, revision of 1958, 492
603+revised to January 1, 2019, committed prior to October 1, 2019, or a 493
604+violation of subdivision (2) of subsection (a) of section 53-21 or a 494
605+violation of section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-495
606+72b. 496
607+Sec. 20. Subsection (a) of section 53a-40e of the general statutes is 497
608+repealed and the following is substituted in lieu thereof (Effective 498
609+October 1, 2019): 499
610+(a) If any person is convicted of (1) a violation of section 53a-70b of 500
611+the general statutes, revision of 1958, revised to January 1, 2019, 501
612+committed prior to October 1, 2019, or subdivision (1) or (2) of 502
613+subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a, 503
614+53a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 504
615+53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183, 505
616+subdivision (2) of subsection (a) of section 53a-192a, section 53a-223, 506
617+53a-223a or 53a-223b or attempt or conspiracy to violate any of said 507
618+sections or section 53a-54a, or (2) any crime that the court determines 508
619+constitutes a family violence crime, as defined in section 46b-38a, or 509
620+attempt or conspiracy to commit any such crime, the court may, in 510
621+addition to imposing the sentence authorized for the crime under 511
622+section 53a-35a or 53a-36, if the court is of the opinion that the history 512 Substitute Bill No. 7396
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778-violation who, as a result of the commission of such crime or motor
779-vehicle violation, causes the death of another person, (3) to any person
780-accused of a family violence crime as defined in section 46b-38a who
781-(A) is eligible for the pretrial family violence education program
782-established under section 46b-38c, or (B) has previously had the
783-pretrial family violence education program invoked in such person's
784-behalf, (4) to any person charged with a violation of section 21a-267 or
785-21a-279 who (A) is eligible for the pretrial drug education and
786-community service program established under section 54-56i, or (B)
787-has previously had the pretrial drug education program or the pretrial
788-drug education and community service program invoked on such
789-person's behalf, (5) unless good cause is shown, to (A) any person
790-charged with a class C felony, or (B) any person charged with
791-committing a violation of subdivision (1) of subsection (a) of section
792-53a-71 while such person was less than four years older than the other
793-person, (6) to any person charged with a violation of section 9-359 or 9-
794-359a, (7) to any person charged with a motor vehicle violation (A)
795-while operating a commercial motor vehicle, as defined in section 14-1,
796-or (B) who holds a commercial driver's license or commercial driver's
797-instruction permit at the time of the violation, (8) to any person
798-charged with a violation of subdivision (6) of subsection (a) of section
799-53a-60, or (9) to a health care provider or vendor participating in the
800-state's Medicaid program charged with a violation of section 53a-122
801-or subdivision (4) of subsection (a) of section 53a-123.
802-Sec. 26. Subdivision (2) of section 54-76b of the general statutes is
803-repealed and the following is substituted in lieu thereof (Effective
804-October 1, 2019):
805-(2) "Youthful offender" means a youth who (A) is charged with the
806-commission of a crime which is not a class A felony or a violation of
807-section 53a-70b of the general statutes, revision of 1958, revised to
808-January 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of Substitute House Bill No. 7396
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812-subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m,
813-subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision
814-(2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-
815-70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving
816-consensual sexual intercourse or sexual contact between the youth and
817-another person who is thirteen years of age or older but under sixteen
818-years of age, and (B) has not previously been convicted of a felony in
819-the regular criminal docket of the Superior Court or been previously
820-adjudged a serious juvenile offender or serious juvenile repeat
821-offender, as defined in section 46b-120.
822-Sec. 27. Subsection (a) of section 54-76c of the general statutes is
823-repealed and the following is substituted in lieu thereof (Effective
824-October 1, 2019):
825-(a) In any case where an information or complaint has been laid
826-charging a defendant with the commission of a crime, and where it
827-appears that the defendant is a youth, such defendant shall be
828-presumed to be eligible to be adjudged a youthful offender and the
829-court having jurisdiction shall, but only as to the public, order the
830-court file sealed, unless such defendant (1) is charged with the
831-commission of a crime which is a class A felony or a violation of
832-section 53a-70b of the general statutes, revision of 1958, revised to
833-January 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of
834-subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m,
835-subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision
836-(2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-
837-70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving
838-consensual sexual intercourse or sexual contact between the youth and
839-another person who is thirteen years of age or older but under sixteen
840-years of age, or (2) has been previously convicted of a felony in the
841-regular criminal docket of the Superior Court or been previously
842-adjudged a serious juvenile offender or serious juvenile repeat Substitute House Bill No. 7396
629+and character and the nature and circumstances of the criminal 513
630+conduct of such offender indicate that a standing criminal protective 514
631+order will best serve the interest of the victim and the public, issue a 515
632+standing criminal protective order which shall remain in effect for a 516
633+duration specified by the court until modified or revoked by the court 517
634+for good cause shown. If any person is convicted of any crime not 518
635+specified in subdivision (1) or (2) of this subsection, the court may, for 519
636+good cause shown, issue a standing criminal protective order pursuant 520
637+to this subsection. 521
638+Sec. 21. Section 53a-65 of the general statutes is repealed and the 522
639+following is substituted in lieu thereof (Effective October 1, 2019): 523
640+As used in this part, [except section 53a-70b,] the following terms 524
641+have the following meanings: 525
642+(1) "Actor" means a person accused of sexual assault. 526
643+(2) "Sexual intercourse" means vaginal intercourse, anal intercourse, 527
644+fellatio or cunnilingus between persons regardless of sex. [Its meaning 528
645+is limited to persons not married to each other.] Penetration, however 529
646+slight, is sufficient to complete vaginal intercourse, anal intercourse or 530
647+fellatio and does not require emission of semen. Penetration may be 531
648+committed by an object manipulated by the actor into the genital or 532
649+anal opening of the victim's body. 533
650+(3) "Sexual contact" means any contact with the intimate parts of a 534
651+person [not married to the actor] for the purpose of sexual gratification 535
652+of the actor or for the purpose of degrading or humiliating such person 536
653+or any contact of the intimate parts of the actor with a person [not 537
654+married to the actor] for the purpose of sexual gratification of the actor 538
655+or for the purpose of degrading or humiliating such person. 539
656+(4) "Impaired because of mental disability or disease" means that a 540
657+person suffers from a mental disability or disease which renders such 541
658+person incapable of appraising the nature of such person's conduct. 542 Substitute Bill No. 7396
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846-offender, as defined in section 46b-120. Except as provided in
847-subsection (b) of this section, upon motion of the prosecuting official,
848-the court may order that an investigation be made of such defendant
849-under section 54-76d, for the purpose of determining whether such
850-defendant is ineligible to be adjudged a youthful offender, provided
851-the court file shall remain sealed, but only as to the public, during such
852-investigation.
853-Sec. 28. Subsection (a) of section 54-76l of the general statutes is
854-repealed and the following is substituted in lieu thereof (Effective
855-October 1, 2019):
856-(a) The records or other information of a youth, other than a youth
857-arrested for or charged with the commission of a crime which is a class
858-A felony or a violation of section 53a-70b of the general statutes,
859-revision of 1958, revised to January 1, 2019, or section 14-222a,
860-subsection (a) or subdivision (1) of subsection (b) of section 14-224,
861-section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection
862-(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21
863-or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except
864-a violation involving consensual sexual intercourse or sexual contact
865-between the youth and another person who is thirteen years of age or
866-older but under sixteen years of age, including fingerprints,
867-photographs and physical descriptions, shall be confidential and shall
868-not be open to public inspection or be disclosed except as provided in
869-this section, but such fingerprints, photographs and physical
870-descriptions submitted to the State Police Bureau of Identification of
871-the Division of State Police within the Department of Emergency
872-Services and Public Protection at the time of the arrest of a person
873-subsequently adjudged, or subsequently presumed or determined to
874-be eligible to be adjudged, a youthful offender shall be retained as
875-confidential matter in the files of the bureau and be opened to
876-inspection only as provided in this section. Other data ordinarily Substitute House Bill No. 7396
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665+(5) "Mentally incapacitated" means that a person is rendered 543
666+temporarily incapable of appraising or controlling such person's 544
667+conduct owing to the influence of a drug or intoxicating substance 545
668+administered to such person without such person's consent, or owing 546
669+to any other act committed upon such person without such person's 547
670+consent. 548
671+(6) "Physically helpless" means that a person is (A) unconscious, or 549
672+(B) for any other reason, is physically unable to resist an act of sexual 550
673+intercourse or sexual contact or to communicate unwillingness to an 551
674+act of sexual intercourse or sexual contact. 552
675+(7) "Use of force" means: (A) Use of a dangerous instrument; or (B) 553
676+use of actual physical force or violence or superior physical strength 554
677+against the victim. 555
678+(8) "Intimate parts" means the genital area or any substance emitted 556
679+therefrom, groin, anus or any substance emitted therefrom, inner 557
680+thighs, buttocks or breasts. 558
681+(9) "Psychotherapist" means a physician, psychologist, nurse, 559
682+substance abuse counselor, social worker, clergyman, marital and 560
683+family therapist, mental health service provider, hypnotist or other 561
684+person, whether or not licensed or certified by the state, who performs 562
685+or purports to perform psychotherapy. 563
686+(10) "Psychotherapy" means the professional treatment, assessment 564
687+or counseling of a mental or emotional illness, symptom or condition. 565
688+(11) "Emotionally dependent" means that the nature of the patient's 566
689+or former patient's emotional condition and the nature of the treatment 567
690+provided by the psychotherapist are such that the psychotherapist 568
691+knows or has reason to know that the patient or former patient is 569
692+unable to withhold consent to sexual contact by or sexual intercourse 570
693+with the psychotherapist. 571
694+(12) "Therapeutic deception" means a representation by a 572 Substitute Bill No. 7396
879695
880-received by the bureau, with regard to persons arrested for a crime,
881-shall be forwarded to the bureau to be filed, in addition to such
882-fingerprints, photographs and physical descriptions, and be retained in
883-the division as confidential information, open to inspection only as
884-provided in this section.
885-Sec. 29. Section 54-86d of the general statutes is repealed and the
886-following is substituted in lieu thereof (Effective October 1, 2019):
887-Any person who has been the victim of a sexual assault under
888-section 53a-70b of the general statutes, revision of 1958, revised to
889-January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71,
890-53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or
891-injury or risk of injury, or impairing of morals under section 53-21, or
892-of an attempt thereof, or family violence, as defined in section 46b-38a,
893-shall not be required to divulge his or her address or telephone
894-number during any trial or pretrial evidentiary hearing arising from
895-the sexual assault, voyeurism or injury or risk of injury to, or impairing
896-of morals of, a child, or family violence; provided the judge presiding
897-over such legal proceeding finds: (1) Such information is not material
898-to the proceeding, (2) the identity of the victim has been satisfactorily
899-established, and (3) the current address of the victim will be made
900-available to the defense in the same manner and time as such
901-information is made available to the defense for other criminal
902-offenses.
903-Sec. 30. Section 54-86e of the general statutes is repealed and the
904-following is substituted in lieu thereof (Effective October 1, 2019):
905-The name and address of the victim of a sexual assault under
906-section 53a-70b of the general statutes, revision of 1958, revised to
907-January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71,
908-53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or
909-injury or risk of injury, or impairing of morals under section 53-21, or Substitute House Bill No. 7396
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913-of an attempt thereof, or family violence, as defined in section 46b-38a
914-and such other identifying information pertaining to such victim as
915-determined by the court, shall be confidential and shall be disclosed
916-only upon order of the Superior Court, except that (1) such information
917-shall be available to the accused in the same manner and time as such
918-information is available to persons accused of other criminal offenses,
919-and (2) if a protective order is issued in a prosecution under any of
920-said sections, the name and address of the victim, in addition to the
921-information contained in and concerning the issuance of such order,
922-shall be entered in the registry of protective orders pursuant to section
923-51-5c.
924-Sec. 31. Subsection (a) of section 54-86j of the general statutes is
925-repealed and the following is substituted in lieu thereof (Effective
926-October 1, 2019):
927-(a) No member of any municipal police department, the state police
928-or the Division of Criminal Justice may request or require any victim of
929-a sexual assault under section 53a-70b of the general statutes, revision
930-of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,]
931-53a-71, 53a-72a, 53a-72b or 53a-73a to submit to or take a polygraph
932-examination.
933-Sec. 32. Subsection (a) of section 54-102b of the general statutes is
934-repealed and the following is substituted in lieu thereof (Effective
935-October 1, 2019):
936-(a) Notwithstanding any provision of the general statutes, except as
937-provided in subsection (b) of this section, a court entering a judgment
938-of conviction or conviction of a child as delinquent for a violation of
939-section 53a-70b of the general statutes, revision of 1958, revised to
940-January 1, 2019, or section 53a-70, 53a-70a, [53a-70b] or 53a-71 or a
941-violation of section 53-21, 53a-72a, 53a-72b or 53a-73a involving a
942-sexual act, shall, at the request of the victim of such crime, order that Substitute House Bill No. 7396
701+psychotherapist that sexual contact by or sexual intercourse with the 573
702+psychotherapist is consistent with or part of the patient's treatment. 574
703+(13) "School employee" means: (A) A teacher, substitute teacher, 575
704+school administrator, school superintendent, guidance counselor, 576
705+school counselor, psychologist, social worker, nurse, physician, school 577
706+paraprofessional or coach employed by a local or regional board of 578
707+education or a private elementary, middle or high school or working in 579
708+a public or private elementary, middle or high school; or (B) any other 580
709+person who, in the performance of his or her duties, has regular 581
710+contact with students and who provides services to or on behalf of 582
711+students enrolled in (i) a public elementary, middle or high school, 583
712+pursuant to a contract with the local or regional board of education, or 584
713+(ii) a private elementary, middle or high school, pursuant to a contract 585
714+with the supervisory agent of such private school. 586
715+Sec. 22. Subsection (b) of section 53a-67 of the general statutes is 587
716+repealed and the following is substituted in lieu thereof (Effective 588
717+October 1, 2019): 589
718+(b) In any prosecution for an offense under this part, except an 590
719+offense under section 53a-70b of the general statutes, revision of 1958, 591
720+revised to January 1, 2019, committed prior to October 1, 2019, or 592
721+section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, it shall be 593
722+an affirmative defense that the defendant and the alleged victim were, 594
723+at the time of the alleged offense, living together by mutual consent in 595
724+a relationship of cohabitation, regardless of the legal status of their 596
725+relationship. 597
726+Sec. 23. Subsection (h) of section 54-56d of the general statutes is 598
727+repealed and the following is substituted in lieu thereof (Effective 599
728+October 1, 2019): 600
729+(h) (1) If, at the hearing, the court finds that there is a substantial 601
730+probability that the defendant, if provided with a course of treatment, 602
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946-the offender be tested for the presence of the etiologic agent for
947-acquired immune deficiency syndrome or human immunodeficiency
948-virus and that the results be disclosed to the victim and the offender.
949-The test shall be performed by or at the direction of the Department of
950-Correction or, in the case of a child convicted as delinquent, at the
951-direction of the Court Support Services Division of the Judicial
952-Department or the Department of Children and Families, in
953-consultation with the Department of Public Health.
954-Sec. 33. Subsection (a) of section 54-102g of the general statutes is
955-repealed and the following is substituted in lieu thereof (Effective
956-October 1, 2019):
957-(a) Whenever any person is arrested on or after October 1, 2011, for
958-the commission of a serious felony and, prior to such arrest, has been
959-convicted of a felony but has not submitted to the taking of a blood or
960-other biological sample for DNA (deoxyribonucleic acid) analysis
961-pursuant to this section, the law enforcement agency that arrested such
962-person shall, as available resources allow, require such person to
963-submit to the taking of a blood or other biological sample for DNA
964-(deoxyribonucleic acid) analysis to determine identification
965-characteristics specific to the person. If the law enforcement agency
966-requires such person to submit to the taking of such blood or other
967-biological sample, such person shall submit to the taking of such
968-sample prior to release from custody and at such time and place as the
969-agency may specify. For purposes of this subsection, "serious felony"
970-means a violation of section 53a-70b of the general statutes, revision of
971-1958, revised to January 1, 2019, or section 53a-54a, 53a-54b, 53a-54c,
972-53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-56b, 53a-57, 53a-59, 53a-
973-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,] 53a-
974-72b, 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-100aa, 53a-101, 53a-
975-102, 53a-102a, 53a-103a, 53a-111, 53a-112, 53a-134, 53a-135, 53a-136,
976-53a-167c, 53a-179b, 53a-179c or 53a-181c. Substitute House Bill No. 7396
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738+under this section, the court shall either (A) order placement of the 604
739+defendant for treatment for the purpose of rendering the defendant 605
740+competent, or (B) order placement of the defendant at a treatment 606
741+facility pending civil commitment proceedings pursuant to 607
742+subdivision (2) of this subsection. 608
743+(2) (A) Except as provided in subparagraph (B) of this subdivision, if 609
744+the court makes a finding pursuant to subdivision (1) of this subsection 610
745+and does not order placement pursuant to subparagraph (A) of said 611
746+subdivision, the court shall, on its own motion or on motion of the 612
747+state or the defendant, order placement of the defendant in the custody 613
748+of the Commissioner of Mental Health and Addiction Services at a 614
749+treatment facility pending civil commitment proceedings. The 615
750+treatment facility shall be determined by the Commissioner of Mental 616
751+Health and Addiction Services. Such order shall: (i) Include an 617
752+authorization for the Commissioner of Mental Health and Addiction 618
753+Services to apply for civil commitment of such defendant pursuant to 619
754+sections 17a-495 to 17a-528, inclusive; (ii) permit the defendant to agree 620
755+to request voluntarily to be admitted under section 17a-506 and 621
756+participate voluntarily in a treatment plan prepared by the 622
757+Commissioner of Mental Health and Addiction Services, and require 623
758+that the defendant comply with such treatment plan; and (iii) provide 624
759+that if the application for civil commitment is denied or not pursued 625
760+by the Commissioner of Mental Health and Addiction Services, or if 626
761+the defendant is unwilling or unable to comply with a treatment plan 627
762+despite reasonable efforts of the treatment facility to encourage the 628
763+defendant's compliance, the person in charge of the treatment facility, 629
764+or such person's designee, shall submit a written progress report to the 630
765+court and the defendant shall be returned to the court for a hearing 631
766+pursuant to subsection (k) of this section. Such written progress report 632
767+shall include the status of any civil commitment proceedings 633
768+concerning the defendant, the defendant's compliance with the 634
769+treatment plan, an opinion regarding the defendant's current 635
770+competency to stand trial, the clinical findings of the person 636
771+submitting the report and the facts upon which the findings are based, 637 Substitute Bill No. 7396
979772
980-Sec. 34. Subsection (c) of section 54-125e of the general statutes is
981-repealed and the following is substituted in lieu thereof (Effective
982-October 1, 2019):
983-(c) The period of special parole shall be not less than one year or
984-more than ten years, except that such period may be for more than ten
985-years for a person convicted of a violation of section 53a-70b of the
986-general statutes, revision of 1958, revised to January 1, 2019, or
987-subdivision (2) of section 53-21 of the general statutes in effect prior to
988-October 1, 2000, subdivision (2) of subsection (a) of section 53-21, or
989-section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b or
990-sentenced as a persistent dangerous felony offender pursuant to
991-subsection (i) of section 53a-40 or as a persistent serious felony
992-offender pursuant to subsection (k) of section 53a-40.
993-Sec. 35. Subsection (a) of section 54-125i of the general statutes is
994-repealed and the following is substituted in lieu thereof (Effective
995-October 1, 2019):
996-(a) An inmate (1) not convicted of a crime for which there is a
997-victim, as defined in section 54-201 or section 54-226, who is known by
998-the Board of Pardons and Paroles, (2) whose eligibility for parole
999-release is not subject to the provisions of subsection (b) of section 54-
1000-125a, (3) who was not convicted of a violation of section 53a-70b of the
1001-general statutes, revision of 1958, revised to January 1, 2019, or section
1002-53a-55, 53a-55a, 53a-56, 53a-56a, 53a-56b, 53a-57, 53a-58, 53a-59, 53a-
1003-59a, 53a-60, 53a-60a, 53a-60c, 53a-64aa, 53a-64bb, 53a-70, [53a-70b,] 53a-
1004-72b, 53a-92, 53a-92a, 53a-94a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-
1005-102a, 53a-103a, 53a-111, 53a-112, 53a-134, 53a-135, 53a-136, 53a-167c,
1006-53a-179b, 53a-179c or 53a-181c, and (4) who is not otherwise prohibited
1007-from being granted parole for any reason, may be allowed to go at
1008-large on parole in accordance with the provisions of section 54-125a or
1009-section 54-125g, pursuant to the provisions of subsections (b) and (c) of
1010-this section. Substitute House Bill No. 7396
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1013777
1014-Sec. 36. Section 54-143c of the general statutes is repealed and the
1015-following is substituted in lieu thereof (Effective October 1, 2019):
1016-In addition to any fine, fee or cost that may be imposed pursuant to
1017-any provision of the general statutes, the court shall impose a fine of
1018-one hundred fifty-one dollars on any person who, on or after July 1,
1019-2004, is convicted of or pleads guilty or nolo contendere to a violation
1020-of section 53a-70b of the general statutes, revision of 1958, revised to
1021-January 1, 2019, or subdivision (2) of subsection (a) of section 53-21 or
1022-section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a.
1023-Fines collected under this section shall be deposited in the sexual
1024-assault victims account established under section 19a-112d.
1025-Sec. 37. Section 54-193b of the general statutes is repealed and the
1026-following is substituted in lieu thereof (Effective October 1, 2019):
1027-Notwithstanding the provisions of sections 54-193 and 54-193a,
1028-there shall be no limitation of time within which a person may be
1029-prosecuted for a violation of section 53a-70b of the general statutes,
1030-revision of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a,
1031-[53a-70b,] 53a-71, 53a-72a or 53a-72b, provided (1) the victim notified
1032-any police officer or state's attorney acting in such police officer's or
1033-state's attorney's official capacity of the commission of the offense not
1034-later than five years after the commission of the offense, and (2) the
1035-identity of the person who allegedly committed the offense has been
1036-established through a DNA (deoxyribonucleic acid) profile comparison
1037-using evidence collected at the time of the commission of the offense.
1038-Sec. 38. Subsections (d) and (e) of section 54-209 of the general
1039-statutes are repealed and the following is substituted in lieu thereof
1040-(Effective October 1, 2019):
1041-(d) In instances where a violation of section 53a-70b of the general
1042-statutes, revision of 1958, revised to January 1, 2019, or section 53-21, Substitute House Bill No. 7396
778+and any other information concerning the defendant requested by the 638
779+court, including, but not limited to, the method of treatment or the 639
780+type, dosage and effect of any medication the defendant is receiving. 640
781+The Court Support Services Division shall monitor the defendant's 641
782+compliance with any applicable provisions of such order. The period 642
783+of placement and monitoring under such order shall not exceed the 643
784+period of the maximum sentence which the defendant could receive on 644
785+conviction of the charges against such defendant, or eighteen months, 645
786+whichever is less. If the defendant has complied with such treatment 646
787+plan and any applicable provisions of such order, at the end of the 647
788+period of placement and monitoring, the court shall approve the entry 648
789+of a nolle prosequi to the charges against the defendant or shall 649
790+dismiss such charges. 650
791+(B) This subdivision shall not apply: (i) To any person charged with 651
792+a class A felony, a class B felony, except a violation of section 53a-122 652
793+that does not involve the use, attempted use or threatened use of 653
794+physical force against another person, or a violation of section 53a-70b 654
795+of the general statutes, revision of 1958, revised to January 1, 2019, 655
796+committed prior to October 1, 2019, or section 14-227a or 14-227m, 656
797+subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision 657
798+(2) of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 658
799+53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b; (ii) to any person 659
800+charged with a crime or motor vehicle violation who, as a result of the 660
801+commission of such crime or motor vehicle violation, causes the death 661
802+of another person; or (iii) unless good cause is shown, to any person 662
803+charged with a class C felony. 663
804+Sec. 24. Subdivision (3) of subsection (m) of section 54-56d of the 664
805+general statutes is repealed and the following is substituted in lieu 665
806+thereof (Effective October 1, 2019): 666
807+(3) If the court orders the release of a defendant charged with the 667
808+commission of a crime that resulted in the death or serious physical 668
809+injury, as defined in section 53a-3, of another person, or with a 669
810+violation of section 53a-70b of the general statutes, revision of 1958, 670 Substitute Bill No. 7396
1043811
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1045812
1046-53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a,
1047-53a-82 or 53a-192a has been alleged, the Office of Victim Services or, on
1048-review, a victim compensation co mmissioner, may order
1049-compensation be paid if (1) the personal injury has been disclosed to:
1050-(A) A physician or surgeon licensed under chapter 370; (B) a resident
1051-physician or intern in any hospital in this state, whether or not
1052-licensed; (C) a physician assistant licensed under chapter 370; (D) an
1053-advanced practice registered nurse, registered nurse or practical nurse
1054-licensed under chapter 378; (E) a psychologist licensed under chapter
1055-383; (F) a police officer; (G) a mental health professional; (H) an
1056-emergency medical services provider licensed or certified under
1057-chapter 368d; (I) an alcohol and drug counselor licensed or certified
1058-under chapter 376b; (J) a marital and family therapist licensed under
1059-chapter 383a; (K) a domestic violence counselor or a sexual assault
1060-counselor, as defined in section 52-146k; (L) a professional counselor
1061-licensed under chapter 383c; (M) a clinical social worker licensed
1062-under chapter 383b; (N) an employee of the Department of Children
1063-and Families; or (O) a school principal, a school teacher, a school
1064-guidance counselor or a school counselor, and (2) the office or
1065-commissioner, as the case may be, reasonably concludes that a
1066-violation of any of said sections has occurred.
1067-(e) In instances where a violation of section 53a-70b of the general
1068-statutes, revision of 1958, revised to January 1, 2019, or section 53-21,
1069-53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a,
1070-53a-82, 53a-192a or family violence, as defined in section 46b-38a, has
1071-been alleged, the Office of Victim Services or, on review, a victim
1072-compensation commissioner, may also order the payment of
1073-compensation under sections 54-201 to 54-218, inclusive, for personal
1074-injury suffered by a victim (1) as reported in an application for a
1075-restraining order under section 46b-15 or an application for a civil
1076-protection order under section 46b-16a, an affidavit supporting an
1077-application under section 46b-15 or section 46b-16a, or on the record to Substitute House Bill No. 7396
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1079-Public Act No. 19-189 33 of 37
817+revised to January 1, 2019, committed prior to October 1, 2019, or 671
818+subdivision (2) of subsection (a) of section 53-21, subdivision (2) of 672
819+subsection (a) of section 53a-60 or section 53a-60a, 53a-70, 53a-70a, 673
820+[53a-70b,] 53a-71, 53a-72a or 53a-72b, or orders the placement of such 674
821+defendant in the custody of the Commissioner of Mental Health and 675
822+Addiction Services or the Commissioner of Developmental Services, 676
823+the court may, on its own motion or on motion of the prosecuting 677
824+authority, order, as a condition of such release or placement, periodic 678
825+examinations of the defendant as to the defendant's competency at 679
826+intervals of not less than six months. If, at any time after the initial 680
827+periodic examination, the court finds again, based upon an examiner's 681
828+recommendation, that there is a substantial probability that the 682
829+defendant, if provided with a course of treatment, will never regain 683
830+competency, then any subsequent periodic examination of the 684
831+defendant as to the defendant's competency shall be at intervals of not 685
832+less than eighteen months. Such an examination shall be conducted in 686
833+accordance with subsection (d) of this section. Periodic examinations 687
834+ordered by the court under this subsection shall continue until the 688
835+court finds that the defendant has attained competency or until the 689
836+time within which the defendant may be prosecuted for the crime with 690
837+which the defendant is charged, as provided in section 54-193 or 54-691
838+193a, has expired, whichever occurs first. 692
839+Sec. 25. Subsection (c) of section 54-56e of the general statutes is 693
840+repealed and the following is substituted in lieu thereof (Effective 694
841+October 1, 2019): 695
842+(c) This section shall not be applicable: (1) To any person charged 696
843+with (A) a class A felony, (B) a class B felony, except a violation of 697
844+subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 698
845+not involve the use, attempted use or threatened use of physical force 699
846+against another person, or a violation of subdivision (4) of subsection 700
847+(a) of section 53a-122 that does not involve the use, attempted use or 701
848+threatened use of physical force against another person and does not 702
849+involve a violation by a person who is a public official, as defined in 703 Substitute Bill No. 7396
1080850
1081-the court, provided such restraining order or civil protection order was
1082-granted in the Superior Court following a hearing; or (2) as disclosed
1083-to a domestic violence counselor or a sexual assault counselor, as such
1084-terms are defined in section 52-146k.
1085-Sec. 39. Subdivision (14) of section 54-240 of the general statutes is
1086-repealed and the following is substituted in lieu thereof (Effective
1087-October 1, 2019):
1088-(14) "Sexual assault" means any act that constitutes a violation of
1089-section 53a-70b of the general statutes, revision of 1958, revised to
1090-January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a,
1091-53a-72b or 53a-73a; and
1092-Sec. 40. Subdivision (11) of section 54-250 of the general statutes is
1093-repealed and the following is substituted in lieu thereof (Effective
1094-October 1, 2019):
1095-(11) "Sexually violent offense" means (A) a violation of section 53a-
1096-70b of the general statutes, revision of 1958, revised to January 1, 2019,
1097-or section 53a-70, except subdivision (2) of subsection (a) of said
1098-section, 53a-70a, [53a-70b,] 53a-71, except subdivision (1), (4), (8) or (10)
1099-or subparagraph (B) of subdivision (9) of subsection (a) of said section
1100-or subparagraph (A) of subdivision (9) of subsection (a) of said section
1101-if the court makes a finding that, at the time of the offense, the victim
1102-was under eighteen years of age, 53a-72a, except subdivision (2) of
1103-subsection (a) of said section, or 53a-72b, or of section 53a-92 or 53a-
1104-92a, provided the court makes a finding that the offense was
1105-committed with intent to sexually violate or abuse the victim, (B) a
1106-violation of any of the offenses specified in subparagraph (A) of this
1107-subdivision for which a person is criminally liable under section 53a-8,
1108-53a-48 or 53a-49, or (C) a violation of any predecessor statute to any of
1109-the offenses specified in subparagraph (A) or (B) of this subdivision
1110-the essential elements of which are substantially the same as said Substitute House Bill No. 7396
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1113855
1114-offense.
1115-Sec. 41. Subsections (a) to (c), inclusive, of section 54-255 of the
1116-general statutes are repealed and the following is substituted in lieu
1117-thereof (Effective October 1, 2019):
1118-(a) Upon the conviction or finding of not guilty by reason of mental
1119-disease or defect of any person for a violation of section 53a-70b of the
1120-general statutes, revision of 1958, revised to January 1, 2019, the court
1121-may order the Department of Emergency Services and Public
1122-Protection to restrict the dissemination of the registration information
1123-to law enforcement purposes only and to not make such information
1124-available for public access, provided the court finds that dissemination
1125-of the registration information is not required for public safety and that
1126-publication of the registration information would be likely to reveal
1127-the identity of the victim within the community where the victim
1128-resides. The court shall remove the restriction on the dissemination of
1129-such registration information if, at any time, the court finds that public
1130-safety requires that such person's registration information be made
1131-available to the public or that a change of circumstances makes
1132-publication of such registration information no longer likely to reveal
1133-the identity of the victim within the community where the victim
1134-resides. Prior to ordering or removing the restriction on the
1135-dissemination of such person's registration information, the court shall
1136-consider any information or statements provided by the victim.
1137-(b) Upon the conviction or finding of not guilty by reason of mental
1138-disease or defect of any person of a criminal offense against a victim
1139-who is a minor, a nonviolent sexual offense or a sexually violent
1140-offense, where the victim of such offense was, at the time of the
1141-offense, under eighteen years of age and related to such person within
1142-any of the degrees of kindred specified in section 46b-21, the court may
1143-order the Department of Emergency Services and Public Protection to
1144-restrict the dissemination of the registration information to law Substitute House Bill No. 7396
856+section 1-110, or a state or municipal employee, as defined in section 1-704
857+110, or (C) a violation of section 53a-70b of the general statutes, 705
858+revision of 1958, revised to January 1, 2019, committed prior to October 706
859+1, 2019, or section 14-227a or 14-227m, subdivision (1) or (2) of 707
860+subsection (a) of section 14-227n, subdivision (2) of subsection (a) of 708
861+section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, [53a-70b,] 709
862+53a-71, except as provided in subdivision (5) of this subsection, 53a-710
863+72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged 711
864+with a crime or motor vehicle violation who, as a result of the 712
865+commission of such crime or motor vehicle violation, causes the death 713
866+of another person, (3) to any person accused of a family violence crime 714
867+as defined in section 46b-38a who (A) is eligible for the pretrial family 715
868+violence education program established under section 46b-38c, or (B) 716
869+has previously had the pretrial family violence education program 717
870+invoked in such person's behalf, (4) to any person charged with a 718
871+violation of section 21a-267 or 21a-279 who (A) is eligible for the 719
872+pretrial drug education and community service program established 720
873+under section 54-56i, or (B) has previously had the pretrial drug 721
874+education program or the pretrial drug education and community 722
875+service program invoked on such person's behalf, (5) unless good 723
876+cause is shown, to (A) any person charged with a class C felony, or (B) 724
877+any person charged with committing a violation of subdivision (1) of 725
878+subsection (a) of section 53a-71 while such person was less than four 726
879+years older than the other person, (6) to any person charged with a 727
880+violation of section 9-359 or 9-359a, (7) to any person charged with a 728
881+motor vehicle violation (A) while operating a commercial motor 729
882+vehicle, as defined in section 14-1, or (B) who holds a commercial 730
883+driver's license or commercial driver's instruction permit at the time of 731
884+the violation, (8) to any person charged with a violation of subdivision 732
885+(6) of subsection (a) of section 53a-60, or (9) to a health care provider or 733
886+vendor participating in the state's Medicaid program charged with a 734
887+violation of section 53a-122 or subdivision (4) of subsection (a) of 735
888+section 53a-123. 736
889+Sec. 26. Subdivision (2) of section 54-76b of the general statutes is 737 Substitute Bill No. 7396
1145890
1146-Public Act No. 19-189 35 of 37
1147891
1148-enforcement purposes only and to not make such information
1149-available for public access, provided the court finds that dissemination
1150-of the registration information is not required for public safety and that
1151-publication of the registration information would be likely to reveal
1152-the identity of the victim within the community where the victim
1153-resides. The court shall remove the restriction on the dissemination of
1154-such registration information if, at any time, it finds that public safety
1155-requires that such person's registration information be made available
1156-to the public or that a change in circumstances makes publication of
1157-the registration information no longer likely to reveal the identity of
1158-the victim within the community where the victim resides.
1159-(c) Any person who: (1) Has been convicted or found not guilty by
1160-reason of mental disease or defect of a violation of subdivision (1) of
1161-subsection (a) of section 53a-71 between October 1, 1988, and June 30,
1162-1999, and was under nineteen years of age at the time of the offense; (2)
1163-has been convicted or found not guilty by reason of mental disease or
1164-defect of a violation of subdivision (2) of subsection (a) of section 53a-
1165-73a between October 1, 1988, and June 30, 1999; (3) has been convicted
1166-or found not guilty by reason of mental disease or defect of a criminal
1167-offense against a victim who is a minor, a nonviolent sexual offense or
1168-a sexually violent offense, between October 1, 1988, and June 30, 1999,
1169-where the victim of such offense was, at the time of the offense, under
1170-eighteen years of age and related to such person within any of the
1171-degrees of kindred specified in section 46b-21; (4) has been convicted
1172-or found not guilty by reason of mental disease or defect of a violation
1173-of section 53a-70b of the general statutes, revision of 1958, revised to
1174-January 1, 2019, between October 1, 1988, and June 30, 1999; or (5) has
1175-been convicted or found not guilty by reason of mental disease or
1176-defect of any crime between October 1, 1988, and September 30, 1998,
1177-which requires registration under sections 54-250 to 54-258a, inclusive,
1178-as amended by this act, and (A) served no jail or prison time as a result
1179-of such conviction or finding of not guilty by reason of mental disease Substitute House Bill No. 7396
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896+repealed and the following is substituted in lieu thereof (Effective 738
897+October 1, 2019): 739
898+(2) "Youthful offender" means a youth who (A) is charged with the 740
899+commission of a crime which is not a class A felony or a violation of 741
900+section 53a-70b of the general statutes, revision of 1958, revised to 742
901+January 1, 2019, committed prior to October 1, 2019, or section 14-222a, 743
902+subsection (a) or subdivision (1) of subsection (b) of section 14-224, 744
903+section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection 745
904+(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 746
905+or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except 747
906+a violation involving consensual sexual intercourse or sexual contact 748
907+between the youth and another person who is thirteen years of age or 749
908+older but under sixteen years of age, and (B) has not previously been 750
909+convicted of a felony in the regular criminal docket of the Superior 751
910+Court or been previously adjudged a serious juvenile offender or 752
911+serious juvenile repeat offender, as defined in section 46b-120. 753
912+Sec. 27. Subsection (a) of section 54-76c of the general statutes is 754
913+repealed and the following is substituted in lieu thereof (Effective 755
914+October 1, 2019): 756
915+(a) In any case where an information or complaint has been laid 757
916+charging a defendant with the commission of a crime, and where it 758
917+appears that the defendant is a youth, such defendant shall be 759
918+presumed to be eligible to be adjudged a youthful offender and the 760
919+court having jurisdiction shall, but only as to the public, order the 761
920+court file sealed, unless such defendant (1) is charged with the 762
921+commission of a crime which is a class A felony or a violation of 763
922+section 53a-70b of the general statutes, revision of 1958, revised to 764
923+January 1, 2019, committed prior to October 1, 2019, or section 14-222a, 765
924+subsection (a) or subdivision (1) of subsection (b) of section 14-224, 766
925+section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection 767
926+(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 768
927+or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except 769
928+a violation involving consensual sexual intercourse or sexual contact 770 Substitute Bill No. 7396
1182929
1183-or defect, (B) has not been subsequently convicted or found not guilty
1184-by reason of mental disease or defect of any crime which would
1185-require registration under sections 54-250 to 54-258a, inclusive, as
1186-amended by this act, and (C) has registered with the Department of
1187-Emergency Services and Public Protection in accordance with sections
1188-54-250 to 54-258a, inclusive, as amended by this act; may petition the
1189-court to order the Department of Emergency Services and Public
1190-Protection to restrict the dissemination of the registration information
1191-to law enforcement purposes only and to not make such information
1192-available for public access. Any person who files such a petition shall,
1193-pursuant to subsection (b) of section 54-227, notify the Office of Victim
1194-Services and the Victim Services Unit within the Department of
1195-Correction of the filing of such petition. The Office of Victim Services
1196-or the Victim Services Unit within the Department of Correction, or
1197-both, shall, pursuant to section 54-230 or 54-230a, notify any victim
1198-who has requested notification pursuant to subsection (b) of section 54-
1199-228 of the filing of such petition. Prior to granting or denying such
1200-petition, the court shall consider any information or statements
1201-provided by the victim. The court may order the Department of
1202-Emergency Services and Public Protection to restrict the dissemination
1203-of the registration information to law enforcement purposes only and
1204-to not make such information available for public access, provided the
1205-court finds that dissemination of the registration information is not
1206-required for public safety.
1207-Sec. 42. Subsection (a) of section 54-260 of the general statutes is
1208-repealed and the following is substituted in lieu thereof (Effective
1209-October 1, 2019):
1210-(a) For the purposes of this section, "sexual offender" means any
1211-person convicted of a violation of section 53a-70b of the general
1212-statutes, revision of 1958, revised to January 1, 2019, or subdivision (2)
1213-of section 53-21 of the general statutes in effect prior to October 1, 2000, Substitute House Bill No. 7396
1214930
1215-Public Act No. 19-189 37 of 37
931+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07396-
932+R01-HB.docx }
933+25 of 37
1216934
1217-or subdivision (2) of subsection (a) of section 53-21, or section 53a-70,
1218-53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b committed on or after
1219-October 1, 1995.
1220-Sec. 43. Subsection (j) of section 46b-38b of the general statutes is
1221-repealed and the following is substituted in lieu thereof (Effective July
1222-1, 2019):
1223-(j) The provisions of this section shall not apply to persons who are
1224-(1) attending an institution of higher education and presently residing
1225-together in on-campus housing [, provided such persons are not in a
1226-dating relationship, and] or in off-campus housing that is owned,
1227-managed or operated by the institution of higher education or its
1228-agent, provided such persons are not family or household members as
1229-defined in subparagraph (A), (B), (C), (E) or (F) of subdivision (2) of
1230-section 46b-38a, or (2) presently residing in a dwelling unit, as defined
1231-in section 47a-1, and making payments pursuant to a rental agreement,
1232-as defined in section 47a-1, provided such persons are not [in a dating
1233-relationship] family or household members as defined in
1234-subparagraph (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-
1235-38a.
1236-Sec. 44. Section 53a-70b of the general statutes is repealed. (Effective
1237-October 1, 2019)
935+between the youth and another person who is thirteen years of age or 771
936+older but under sixteen years of age, or (2) has been previously 772
937+convicted of a felony in the regular criminal docket of the Superior 773
938+Court or been previously adjudged a serious juvenile offender or 774
939+serious juvenile repeat offender, as defined in section 46b-120. Except 775
940+as provided in subsection (b) of this section, upon motion of the 776
941+prosecuting official, the court may order that an investigation be made 777
942+of such defendant under section 54-76d, for the purpose of 778
943+determining whether such defendant is ineligible to be adjudged a 779
944+youthful offender, provided the court file shall remain sealed, but only 780
945+as to the public, during such investigation. 781
946+Sec. 28. Subsection (a) of section 54-76l of the general statutes is 782
947+repealed and the following is substituted in lieu thereof (Effective 783
948+October 1, 2019): 784
949+(a) The records or other information of a youth, other than a youth 785
950+arrested for or charged with the commission of a crime which is a class 786
951+A felony or a violation of section 53a-70b of the general statutes, 787
952+revision of 1958, revised to January 1, 2019, committed prior to October 788
953+1, 2019, or section 14-222a, subsection (a) or subdivision (1) of 789
954+subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m, 790
955+subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision 791
956+(2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-792
957+70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving 793
958+consensual sexual intercourse or sexual contact between the youth and 794
959+another person who is thirteen years of age or older but under sixteen 795
960+years of age, including fingerprints, photographs and physical 796
961+descriptions, shall be confidential and shall not be open to public 797
962+inspection or be disclosed except as provided in this section, but such 798
963+fingerprints, photographs and physical descriptions submitted to the 799
964+State Police Bureau of Identification of the Division of State Police 800
965+within the Department of Emergency Services and Public Protection at 801
966+the time of the arrest of a person subsequently adjudged, or 802
967+subsequently presumed or determined to be eligible to be adjudged, a 803 Substitute Bill No. 7396
968+
969+
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971+R01-HB.docx }
972+26 of 37
973+
974+youthful offender shall be retained as confidential matter in the files of 804
975+the bureau and be opened to inspection only as provided in this 805
976+section. Other data ordinarily received by the bureau, with regard to 806
977+persons arrested for a crime, shall be forwarded to the bureau to be 807
978+filed, in addition to such fingerprints, photographs and physical 808
979+descriptions, and be retained in the division as confidential 809
980+information, open to inspection only as provided in this section. 810
981+Sec. 29. Section 54-86d of the general statutes is repealed and the 811
982+following is substituted in lieu thereof (Effective October 1, 2019): 812
983+Any person who has been the victim of a sexual assault under 813
984+section 53a-70b of the general statutes, revision of 1958, revised to 814
985+January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 815
986+53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, 816
987+voyeurism under section 53a-189a, or injury or risk of injury, or 817
988+impairing of morals under section 53-21, or of an attempt thereof, or 818
989+family violence, as defined in section 46b-38a, shall not be required to 819
990+divulge his or her address or telephone number during any trial or 820
991+pretrial evidentiary hearing arising from the sexual assault, voyeurism 821
992+or injury or risk of injury to, or impairing of morals of, a child, or 822
993+family violence; provided the judge presiding over such legal 823
994+proceeding finds: (1) Such information is not material to the 824
995+proceeding, (2) the identity of the victim has been satisfactorily 825
996+established, and (3) the current address of the victim will be made 826
997+available to the defense in the same manner and time as such 827
998+information is made available to the defense for other criminal 828
999+offenses. 829
1000+Sec. 30. Section 54-86e of the general statutes is repealed and the 830
1001+following is substituted in lieu thereof (Effective October 1, 2019): 831
1002+The name and address of the victim of a sexual assault under 832
1003+section 53a-70b of the general statutes, revision of 1958, revised to 833
1004+January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 834
1005+53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, 835 Substitute Bill No. 7396
1006+
1007+
1008+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07396-
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1010+27 of 37
1011+
1012+voyeurism under section 53a-189a, or injury or risk of injury, or 836
1013+impairing of morals under section 53-21, or of an attempt thereof, or 837
1014+family violence, as defined in section 46b-38a and such other 838
1015+identifying information pertaining to such victim as determined by the 839
1016+court, shall be confidential and shall be disclosed only upon order of 840
1017+the Superior Court, except that (1) such information shall be available 841
1018+to the accused in the same manner and time as such information is 842
1019+available to persons accused of other criminal offenses, and (2) if a 843
1020+protective order is issued in a prosecution under any of said sections, 844
1021+the name and address of the victim, in addition to the information 845
1022+contained in and concerning the issuance of such order, shall be 846
1023+entered in the registry of protective orders pursuant to section 51-5c. 847
1024+Sec. 31. Subsection (a) of section 54-86j of the general statutes is 848
1025+repealed and the following is substituted in lieu thereof (Effective 849
1026+October 1, 2019): 850
1027+(a) No member of any municipal police department, the state police 851
1028+or the Division of Criminal Justice may request or require any victim of 852
1029+a sexual assault under section 53a-70b of the general statutes, revision 853
1030+of 1958, revised to January 1, 2019, committed prior to October 1, 2019, 854
1031+or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-855
1032+73a to submit to or take a polygraph examination. 856
1033+Sec. 32. Subsection (a) of section 54-102b of the general statutes is 857
1034+repealed and the following is substituted in lieu thereof (Effective 858
1035+October 1, 2019): 859
1036+(a) Notwithstanding any provision of the general statutes, except as 860
1037+provided in subsection (b) of this section, a court entering a judgment 861
1038+of conviction or conviction of a child as delinquent for a violation of 862
1039+section 53a-70b of the general statutes, revision of 1958, revised to 863
1040+January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 864
1041+53a-70a, [53a-70b] or 53a-71 or a violation of section 53-21, 53a-72a, 865
1042+53a-72b or 53a-73a involving a sexual act, shall, at the request of the 866
1043+victim of such crime, order that the offender be tested for the presence 867 Substitute Bill No. 7396
1044+
1045+
1046+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07396-
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1048+28 of 37
1049+
1050+of the etiologic agent for acquired immune deficiency syndrome or 868
1051+human immunodeficiency virus and that the results be disclosed to the 869
1052+victim and the offender. The test shall be performed by or at the 870
1053+direction of the Department of Correction or, in the case of a child 871
1054+convicted as delinquent, at the direction of the Court Support Services 872
1055+Division of the Judicial Department or the Department of Children and 873
1056+Families, in consultation with the Department of Public Health. 874
1057+Sec. 33. Subsection (a) of section 54-102g of the general statutes is 875
1058+repealed and the following is substituted in lieu thereof (Effective 876
1059+October 1, 2019): 877
1060+(a) Whenever any person is arrested on or after October 1, 2011, for 878
1061+the commission of a serious felony and, prior to such arrest, has been 879
1062+convicted of a felony but has not submitted to the taking of a blood or 880
1063+other biological sample for DNA (deoxyribonucleic acid) analysis 881
1064+pursuant to this section, the law enforcement agency that arrested such 882
1065+person shall, as available resources allow, require such person to 883
1066+submit to the taking of a blood or other biological sample for DNA 884
1067+(deoxyribonucleic acid) analysis to determine identification 885
1068+characteristics specific to the person. If the law enforcement agency 886
1069+requires such person to submit to the taking of such blood or other 887
1070+biological sample, such person shall submit to the taking of such 888
1071+sample prior to release from custody and at such time and place as the 889
1072+agency may specify. For purposes of this subsection, "serious felony" 890
1073+means a violation of section 53a-70b of the general statutes, revision of 891
1074+1958, revised to January 1, 2019, committed prior to October 1, 2019, or 892
1075+section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-893
1076+56a, 53a-56b, 53a-57, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 894
1077+53a-70, 53a-70a, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-94, 53a-94a, 895
1078+53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111, 53a-896
1079+112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-181c. 897
1080+Sec. 34. Subsection (c) of section 54-125e of the general statutes is 898
1081+repealed and the following is substituted in lieu thereof (Effective 899
1082+October 1, 2019): 900 Substitute Bill No. 7396
1083+
1084+
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1087+29 of 37
1088+
1089+(c) The period of special parole shall be not less than one year or 901
1090+more than ten years, except that such period may be for more than ten 902
1091+years for a person convicted of a violation of section 53a-70b of the 903
1092+general statutes, revision of 1958, revised to January 1, 2019, 904
1093+committed prior to October 1, 2019, or subdivision (2) of section 53-21 905
1094+of the general statutes in effect prior to October 1, 2000, subdivision (2) 906
1095+of subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 907
1096+53a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous 908
1097+felony offender pursuant to subsection (i) of section 53a-40 or as a 909
1098+persistent serious felony offender pursuant to subsection (k) of section 910
1099+53a-40. 911
1100+Sec. 35. Subsection (a) of section 54-125i of the general statutes is 912
1101+repealed and the following is substituted in lieu thereof (Effective 913
1102+October 1, 2019): 914
1103+(a) An inmate (1) not convicted of a crime for which there is a 915
1104+victim, as defined in section 54-201 or section 54-226, who is known by 916
1105+the Board of Pardons and Paroles, (2) whose eligibility for parole 917
1106+release is not subject to the provisions of subsection (b) of section 54-918
1107+125a, (3) who was not convicted of a violation of section 53a-70b of the 919
1108+general statutes, revision of 1958, revised to January 1, 2019, 920
1109+committed prior to October 1, 2019, or section 53a-55, 53a-55a, 53a-56, 921
1110+53a-56a, 53a-56b, 53a-57, 53a-58, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-922
1111+60c, 53a-64aa, 53a-64bb, 53a-70, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-923
1112+94a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111, 924
1113+53a-112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-925
1114+181c, and (4) who is not otherwise prohibited from being granted 926
1115+parole for any reason, may be allowed to go at large on parole in 927
1116+accordance with the provisions of section 54-125a or section 54-125g, 928
1117+pursuant to the provisions of subsections (b) and (c) of this section. 929
1118+Sec. 36. Section 54-143c of the general statutes is repealed and the 930
1119+following is substituted in lieu thereof (Effective October 1, 2019): 931
1120+In addition to any fine, fee or cost that may be imposed pursuant to 932 Substitute Bill No. 7396
1121+
1122+
1123+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07396-
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1125+30 of 37
1126+
1127+any provision of the general statutes, the court shall impose a fine of 933
1128+one hundred fifty-one dollars on any person who, on or after July 1, 934
1129+2004, is convicted of or pleads guilty or nolo contendere to a violation 935
1130+of section 53a-70b of the general statutes, revision of 1958, revised to 936
1131+January 1, 2019, committed prior to October 1, 2019, or subdivision (2) 937
1132+of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 938
1133+53a-71, 53a-72a, 53a-72b or 53a-73a. Fines collected under this section 939
1134+shall be deposited in the sexual assault victims account established 940
1135+under section 19a-112d. 941
1136+Sec. 37. Section 54-193b of the general statutes is repealed and the 942
1137+following is substituted in lieu thereof (Effective October 1, 2019): 943
1138+Notwithstanding the provisions of sections 54-193 and 54-193a, 944
1139+there shall be no limitation of time within which a person may be 945
1140+prosecuted for a violation of section 53a-70b of the general statutes, 946
1141+revision of 1958, revised to January 1, 2019, committed prior to October 947
1142+1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, 948
1143+provided (1) the victim notified any police officer or state's attorney 949
1144+acting in such police officer's or state's attorney's official capacity of the 950
1145+commission of the offense not later than five years after the 951
1146+commission of the offense, and (2) the identity of the person who 952
1147+allegedly committed the offense has been established through a DNA 953
1148+(deoxyribonucleic acid) profile comparison using evidence collected at 954
1149+the time of the commission of the offense. 955
1150+Sec. 38. Subsections (d) and (e) of section 54-209 of the general 956
1151+statutes are repealed and the following is substituted in lieu thereof 957
1152+(Effective October 1, 2019): 958
1153+(d) In instances where a violation of section 53a-70b of the general 959
1154+statutes, revision of 1958, revised to January 1, 2019, committed prior 960
1155+to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 961
1156+53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82 or 53a-192a has been alleged, 962
1157+the Office of Victim Services or, on review, a victim compensation 963
1158+commissioner, may order compensation be paid if (1) the personal 964 Substitute Bill No. 7396
1159+
1160+
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1163+31 of 37
1164+
1165+injury has been disclosed to: (A) A physician or surgeon licensed 965
1166+under chapter 370; (B) a resident physician or intern in any hospital in 966
1167+this state, whether or not licensed; (C) a physician assistant licensed 967
1168+under chapter 370; (D) an advanced practice registered nurse, 968
1169+registered nurse or practical nurse licensed under chapter 378; (E) a 969
1170+psychologist licensed under chapter 383; (F) a police officer; (G) a 970
1171+mental health professional; (H) an emergency medical services 971
1172+provider licensed or certified under chapter 368d; (I) an alcohol and 972
1173+drug counselor licensed or certified under chapter 376b; (J) a marital 973
1174+and family therapist licensed under chapter 383a; (K) a domestic 974
1175+violence counselor or a sexual assault counselor, as defined in section 975
1176+52-146k; (L) a professional counselor licensed under chapter 383c; (M) 976
1177+a clinical social worker licensed under chapter 383b; (N) an employee 977
1178+of the Department of Children and Families; or (O) a school principal, 978
1179+a school teacher, a school guidance counselor or a school counselor, 979
1180+and (2) the office or commissioner, as the case may be, reasonably 980
1181+concludes that a violation of any of said sections has occurred. 981
1182+(e) In instances where a violation of section 53a-70b of the general 982
1183+statutes, revision of 1958, revised to January 1, 2019, committed prior 983
1184+to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 984
1185+53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82, 53a-192a or family violence, 985
1186+as defined in section 46b-38a, has been alleged, the Office of Victim 986
1187+Services or, on review, a victim compensation commissioner, may also 987
1188+order the payment of compensation under sections 54-201 to 54-218, 988
1189+inclusive, for personal injury suffered by a victim (1) as reported in an 989
1190+application for a restraining order under section 46b-15 or an 990
1191+application for a civil protection order under section 46b-16a, an 991
1192+affidavit supporting an application under section 46b-15 or section 992
1193+46b-16a, or on the record to the court, provided such restraining order 993
1194+or civil protection order was granted in the Superior Court following a 994
1195+hearing; or (2) as disclosed to a domestic violence counselor or a sexual 995
1196+assault counselor, as such terms are defined in section 52-146k. 996
1197+Sec. 39. Subdivision (14) of section 54-240 of the general statutes is 997 Substitute Bill No. 7396
1198+
1199+
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1202+32 of 37
1203+
1204+repealed and the following is substituted in lieu thereof (Effective 998
1205+October 1, 2019): 999
1206+(14) "Sexual assault" means any act that constitutes a violation of 1000
1207+section 53a-70b of the general statutes, revision of 1958, revised to 1001
1208+January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 1002
1209+53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a; and 1003
1210+Sec. 40. Subdivision (11) of section 54-250 of the general statutes is 1004
1211+repealed and the following is substituted in lieu thereof (Effective 1005
1212+October 1, 2019): 1006
1213+(11) "Sexually violent offense" means (A) a violation of section 53a-1007
1214+70b of the general statutes, revision of 1958, revised to January 1, 2019, 1008
1215+committed prior to October 1, 2019, or section 53a-70, except 1009
1216+subdivision (2) of subsection (a) of said section, 53a-70a, [53a-70b,] 53a-1010
1217+71, except subdivision (1), (4), (8) or (10) or subparagraph (B) of 1011
1218+subdivision (9) of subsection (a) of said section or subparagraph (A) of 1012
1219+subdivision (9) of subsection (a) of said section if the court makes a 1013
1220+finding that, at the time of the offense, the victim was under eighteen 1014
1221+years of age, 53a-72a, except subdivision (2) of subsection (a) of said 1015
1222+section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court 1016
1223+makes a finding that the offense was committed with intent to sexually 1017
1224+violate or abuse the victim, (B) a violation of any of the offenses 1018
1225+specified in subparagraph (A) of this subdivision for which a person is 1019
1226+criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a 1020
1227+violation of any predecessor statute to any of the offenses specified in 1021
1228+subparagraph (A) or (B) of this subdivision the essential elements of 1022
1229+which are substantially the same as said offense. 1023
1230+Sec. 41. Subsections (a) to (c), inclusive, of section 54-255 of the 1024
1231+general statutes are repealed and the following is substituted in lieu 1025
1232+thereof (Effective October 1, 2019): 1026
1233+(a) Upon the conviction or finding of not guilty by reason of mental 1027
1234+disease or defect of any person for a violation of section 53a-70b of the 1028 Substitute Bill No. 7396
1235+
1236+
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1239+33 of 37
1240+
1241+general statutes, revision of 1958, revised to January 1, 2019, 1029
1242+committed prior to October 1, 2019, the court may order the 1030
1243+Department of Emergency Services and Public Protection to restrict the 1031
1244+dissemination of the registration information to law enforcement 1032
1245+purposes only and to not make such information available for public 1033
1246+access, provided the court finds that dissemination of the registration 1034
1247+information is not required for public safety and that publication of the 1035
1248+registration information would be likely to reveal the identity of the 1036
1249+victim within the community where the victim resides. The court shall 1037
1250+remove the restriction on the dissemination of such registration 1038
1251+information if, at any time, the court finds that public safety requires 1039
1252+that such person's registration information be made available to the 1040
1253+public or that a change of circumstances makes publication of such 1041
1254+registration information no longer likely to reveal the identity of the 1042
1255+victim within the community where the victim resides. Prior to 1043
1256+ordering or removing the restriction on the dissemination of such 1044
1257+person's registration information, the court shall consider any 1045
1258+information or statements provided by the victim. 1046
1259+(b) Upon the conviction or finding of not guilty by reason of mental 1047
1260+disease or defect of any person of a criminal offense against a victim 1048
1261+who is a minor, a nonviolent sexual offense or a sexually violent 1049
1262+offense, where the victim of such offense was, at the time of the 1050
1263+offense, under eighteen years of age and related to such person within 1051
1264+any of the degrees of kindred specified in section 46b-21, the court may 1052
1265+order the Department of Emergency Services and Public Protection to 1053
1266+restrict the dissemination of the registration information to law 1054
1267+enforcement purposes only and to not make such information 1055
1268+available for public access, provided the court finds that dissemination 1056
1269+of the registration information is not required for public safety and that 1057
1270+publication of the registration information would be likely to reveal 1058
1271+the identity of the victim within the community where the victim 1059
1272+resides. The court shall remove the restriction on the dissemination of 1060
1273+such registration information if, at any time, it finds that public safety 1061
1274+requires that such person's registration information be made available 1062 Substitute Bill No. 7396
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1279+34 of 37
1280+
1281+to the public or that a change in circumstances makes publication of 1063
1282+the registration information no longer likely to reveal the identity of 1064
1283+the victim within the community where the victim resides. 1065
1284+(c) Any person who: (1) Has been convicted or found not guilty by 1066
1285+reason of mental disease or defect of a violation of subdivision (1) of 1067
1286+subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1068
1287+1999, and was under nineteen years of age at the time of the offense; (2) 1069
1288+has been convicted or found not guilty by reason of mental disease or 1070
1289+defect of a violation of subdivision (2) of subsection (a) of section 53a-1071
1290+73a between October 1, 1988, and June 30, 1999; (3) has been convicted 1072
1291+or found not guilty by reason of mental disease or defect of a criminal 1073
1292+offense against a victim who is a minor, a nonviolent sexual offense or 1074
1293+a sexually violent offense, between October 1, 1988, and June 30, 1999, 1075
1294+where the victim of such offense was, at the time of the offense, under 1076
1295+eighteen years of age and related to such person within any of the 1077
1296+degrees of kindred specified in section 46b-21; (4) has been convicted 1078
1297+or found not guilty by reason of mental disease or defect of a violation 1079
1298+of section 53a-70b of the general statutes, revision of 1958, revised to 1080
1299+January 1, 2019, committed prior to October 1, 2019, between October 1081
1300+1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty 1082
1301+by reason of mental disease or defect of any crime between October 1, 1083
1302+1988, and September 30, 1998, which requires registration under 1084
1303+sections 54-250 to 54-258a, inclusive, as amended by this act, and (A) 1085
1304+served no jail or prison time as a result of such conviction or finding of 1086
1305+not guilty by reason of mental disease or defect, (B) has not been 1087
1306+subsequently convicted or found not guilty by reason of mental 1088
1307+disease or defect of any crime which would require registration under 1089
1308+sections 54-250 to 54-258a, inclusive, as amended by this act, and (C) 1090
1309+has registered with the Department of Emergency Services and Public 1091
1310+Protection in accordance with sections 54-250 to 54-258a, inclusive, as 1092
1311+amended by this act; may petition the court to order the Department of 1093
1312+Emergency Services and Public Protection to restrict the dissemination 1094
1313+of the registration information to law enforcement purposes only and 1095
1314+to not make such information available for public access. Any person 1096 Substitute Bill No. 7396
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1320+
1321+who files such a petition shall, pursuant to subsection (b) of section 54-1097
1322+227, notify the Office of Victim Services and the Victim Services Unit 1098
1323+within the Department of Correction of the filing of such petition. The 1099
1324+Office of Victim Services or the Victim Services Unit within the 1100
1325+Department of Correction, or both, shall, pursuant to section 54-230 or 1101
1326+54-230a, notify any victim who has requested notification pursuant to 1102
1327+subsection (b) of section 54-228 of the filing of such petition. Prior to 1103
1328+granting or denying such petition, the court shall consider any 1104
1329+information or statements provided by the victim. The court may order 1105
1330+the Department of Emergency Services and Public Protection to restrict 1106
1331+the dissemination of the registration information to law enforcement 1107
1332+purposes only and to not make such information available for public 1108
1333+access, provided the court finds that dissemination of the registration 1109
1334+information is not required for public safety. 1110
1335+Sec. 42. Subsection (a) of section 54-260 of the general statutes is 1111
1336+repealed and the following is substituted in lieu thereof (Effective 1112
1337+October 1, 2019): 1113
1338+(a) For the purposes of this section, "sexual offender" means any 1114
1339+person convicted of a violation of section 53a-70b of the general 1115
1340+statutes, revision of 1958, revised to January 1, 2019, committed prior 1116
1341+to October 1, 2019, or subdivision (2) of section 53-21 of the general 1117
1342+statutes in effect prior to October 1, 2000, or subdivision (2) of 1118
1343+subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 1119
1344+53a-71, 53a-72a or 53a-72b committed on or after October 1, 1995. 1120
1345+Sec. 43. Subsection (j) of section 46b-38b of the general statutes is 1121
1346+repealed and the following is substituted in lieu thereof (Effective July 1122
1347+1, 2019): 1123
1348+(j) The provisions of this section shall not apply to persons who are 1124
1349+(1) attending an institution of higher education and presently residing 1125
1350+together in on-campus housing [, provided such persons are not in a 1126
1351+dating relationship, and] or in off-campus housing that is owned, 1127
1352+managed or operated by the institution of higher education or its 1128 Substitute Bill No. 7396
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1358+
1359+agent, provided such persons are not family or household members as 1129
1360+defined in subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of 1130
1361+section 46b-38a, or (2) presently residing in a dwelling unit, as defined 1131
1362+in section 47a-1, and making payments pursuant to a rental agreement, 1132
1363+as defined in section 47a-1, provided such persons are not [in a dating 1133
1364+relationship] family or household members as defined in 1134
1365+subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-1135
1366+38a. 1136
1367+Sec. 44. Section 53a-70b of the general statutes is repealed. (Effective 1137
1368+October 1, 2019) 1138
1369+This act shall take effect as follows and shall amend the following
1370+sections:
1371+
1372+Section 1 October 1, 2019 10a-55a(a)
1373+Sec. 2 October 1, 2019 10a-55m(a)(5)
1374+Sec. 3 October 1, 2019 17a-112(j)
1375+Sec. 4 October 1, 2019 17b-749k(c)
1376+Sec. 5 October 1, 2019 19a-87a(a)
1377+Sec. 6 October 1, 2019 19a-87e(a)
1378+Sec. 7 October 1, 2019 19a-112b
1379+Sec. 8 October 1, 2019 19a-112e(5)
1380+Sec. 9 October 1, 2019 31-57r(8)
1381+Sec. 10 October 1, 2019 45a-717(g) and (h)
1382+Sec. 11 October 1, 2019 46b-38h
1383+Sec. 12 October 1, 2019 47a-11e(a)
1384+Sec. 13 October 1, 2019 52-161b(a)
1385+Sec. 14 October 1, 2019 53a-29(f)
1386+Sec. 15 October 1, 2019 53a-30(a)
1387+Sec. 16 October 1, 2019 53a-32a
1388+Sec. 17 October 1, 2019 53a-33
1389+Sec. 18 October 1, 2019 53a-39a(a)
1390+Sec. 19 October 1, 2019 53a-40(d)
1391+Sec. 20 October 1, 2019 53a-40e(a)
1392+Sec. 21 October 1, 2019 53a-65
1393+Sec. 22 October 1, 2019 53a-67(b)
1394+Sec. 23 October 1, 2019 54-56d(h)
1395+Sec. 24 October 1, 2019 54-56d(m)(3) Substitute Bill No. 7396
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1401+
1402+Sec. 25 October 1, 2019 54-56e(c)
1403+Sec. 26 October 1, 2019 54-76b(2)
1404+Sec. 27 October 1, 2019 54-76c(a)
1405+Sec. 28 October 1, 2019 54-76l(a)
1406+Sec. 29 October 1, 2019 54-86d
1407+Sec. 30 October 1, 2019 54-86e
1408+Sec. 31 October 1, 2019 54-86j(a)
1409+Sec. 32 October 1, 2019 54-102b(a)
1410+Sec. 33 October 1, 2019 54-102g(a)
1411+Sec. 34 October 1, 2019 54-125e(c)
1412+Sec. 35 October 1, 2019 54-125i(a)
1413+Sec. 36 October 1, 2019 54-143c
1414+Sec. 37 October 1, 2019 54-193b
1415+Sec. 38 October 1, 2019 54-209(d) and (e)
1416+Sec. 39 October 1, 2019 54-240(14)
1417+Sec. 40 October 1, 2019 54-250(11)
1418+Sec. 41 October 1, 2019 54-255(a) to (c)
1419+Sec. 42 October 1, 2019 54-260(a)
1420+Sec. 43 July 1, 2019 46b-38b(j)
1421+Sec. 44 October 1, 2019 Repealer section
1422+
1423+Statement of Legislative Commissioners:
1424+Section 24 was added in order to bracket 53a-70b in conformity with
1425+the bill and sections 24 to 43, inclusive, were renumbered accordingly.
1426+
1427+JUD Joint Favorable Subst.
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