Substitute House Bill No. 7396
Public Act No. 19-189
AN ACT CONCERNING PA RITY BETWEEN SEXUAL ASSAULT IN
THE CASE OF A SPOUSA L OR COHABITATING RE LATIONSHIP
AND OTHER CRIMES OF SEXUAL ASSAULT AND CONCERNI NG
THE INVESTIGATION OF A FAMILY VIOLENCE CRIME.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 10a-55a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) On or before October 1, 1991, and annually thereafter, each
institution of higher education shall prepare in such manner as the
president of the Connecticut State Colleges and Universities shall
prescribe a uniform campus crime report concerning crimes committed
in the immediately preceding calendar year within the geographical
limits of the property owned or under the control of such institution.
Such report shall be in accordance with the uniform crime reporting
system pursuant to section 29-1c, provided such report is limited to
those offenses included in part I of the most recently published edition
of the Uniform Crime Reports for the United States as authorized by
the Federal Bureau of Investigation and the United States Department
of Justice, sexual assault under section 53a-70b of the general statutes,
revision of 1958, revised to January 1, 2019, or sections 53a-70, 53a-70a, Substitute House Bill No. 7396
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[53a-70b,] 53a-71, 53a-72a, 53a-72b and 53a-73a, stalking under sections
53a-181c, 53a-181d and 53a-181e and family violence as designated
under section 46b-38h, as amended by this act. The state police, local
police departments and special police forces established pursuant to
section 10a-156b, as amended by this act, shall cooperate with
institutions of higher education in preparing such reports. Institutions
with more than one campus shall prepare such reports for each
campus.
Sec. 2. Subdivision (5) of subsection (a) of section 10a-55m of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(5) "Intimate partner violence" means any physical or sexual harm
against an individual by a current or former spouse of or person in a
dating relationship with such individual that results from any action
by such spouse or such person that may be classified as a sexual
assault under section 53a-70b of the general statutes, revision of 1958,
revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71,
53a-72a, 53a-72b or 53a-73a, stalking under section 53a-181c, 53a-181d
or 53a-181e, or family violence as designated under section 46b-38h, as
amended by this act;
Sec. 3. Subsection (j) of section 17a-112 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(j) The Superior Court, upon notice and hearing as provided in
sections 45a-716 and 45a-717, as amended by this act, may grant a
petition filed pursuant to this section if it finds by clear and convincing
evidence that (1) the Department of Children and Families has made
reasonable efforts to locate the parent and to reunify the child with the
parent in accordance with subsection (a) of section 17a-111b, unless the
court finds in this proceeding that the parent is unable or unwilling to Substitute House Bill No. 7396
Public Act No. 19-189 3 of 37
benefit from reunification efforts, except that such finding is not
required if the court has determined at a hearing pursuant to section
17a-111b, or determines at trial on the petition, that such efforts are not
required, (2) termination is in the best interest of the child, and (3) (A)
the child has been abandoned by the parent in the sense that the parent
has failed to maintain a reasonable degree of interest, concern or
responsibility as to the welfare of the child; (B) the child (i) has been
found by the Superior Court or the Probate Court to have been
neglected, abused or uncared for in a prior proceeding, or (ii) is found
to be neglected, abused or uncared for and has been in the custody of
the commissioner for at least fifteen months and the parent of such
child has been provided specific steps to take to facilitate the return of
the child to the parent pursuant to section 46b-129 and has failed to
achieve such degree of personal rehabilitation as would encourage the
belief that within a reasonable time, considering the age and needs of
the child, such parent could assume a responsible position in the life of
the child; (C) the child has been denied, by reason of an act or acts of
parental commission or omission including, but not limited to, sexual
molestation or exploitation, severe physical abuse or a pattern of
abuse, the care, guidance or control necessary for the child's physical,
educational, moral or emotional well-being, except that nonaccidental
or inadequately explained serious physical injury to a child shall
constitute prima facie evidence of acts of parental commission or
omission sufficient for the termination of parental rights; (D) there is
no ongoing parent-child relationship, which means the relationship
that ordinarily develops as a result of a parent having met on a day-to-
day basis the physical, emotional, moral and educational needs of the
child and to allow further time for the establishment or
reestablishment of such parent-child relationship would be
detrimental to the best interest of the child; (E) the parent of a child
under the age of seven years who is neglected, abused or uncared for,
has failed, is unable or is unwilling to achieve such degree of personal
rehabilitation as would encourage the belief that within a reasonable Substitute House Bill No. 7396
Public Act No. 19-189 4 of 37
period of time, considering the age and needs of the child, such parent
could assume a responsible position in the life of the child and such
parent's parental rights of another child were previously terminated
pursuant to a petition filed by the Commissioner of Children and
Families; (F) the parent has killed through deliberate, nonaccidental act
another child of the parent or has requested, commanded, importuned,
attempted, conspired or solicited such killing or has committed an
assault, through deliberate, nonaccidental act that resulted in serious
bodily injury of another child of the parent; or (G) the parent
committed an act that constitutes sexual assault as described in section
53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or
compelling a spouse or cohabitor to engage in sexual intercourse by
the use of force or by the threat of the use of force as described in
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, if such act resulted in the conception of the child.
Sec. 4. Subsection (c) of section 17b-749k of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(c) The commissioner shall have the discretion to refuse payments
for child care under any financial assistance program administered by
him or her if the person or relative providing such child care has been
convicted in this state or any other state of a felony, as defined in
section 53a-25, involving the use, attempted use or threatened use of
physical force against another person, of cruelty to persons under
section 53-20, injury or risk of injury to or impairing morals of children
under section 53-21, abandonment of children under the age of six
years under section 53-23 or any felony where the victim of the felony
is a child under eighteen years of age, or of a violation of section 53a-
70b of the general statutes, revision of 1958, revised to January 1, 2019,
or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-
73a, or has a criminal record or was the subject of a substantiated Substitute House Bill No. 7396
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report of child abuse in this state or any other state that the
commissioner reasonably believes renders the person or relative
unsuitable to provide child care.
Sec. 5. Subsection (a) of section 19a-87a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) The Commissioner of Early Childhood shall have the discretion
to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a-
82 to 19a-87, inclusive, a person to conduct, operate or maintain a child
care center or a group child care home, as described in section 19a-77,
or to suspend or revoke the license or take any other action set forth in
regulation that may be adopted pursuant to section 19a-79 if, the
person who owns, conducts, maintains or operates such center or
home or a person employed therein in a position connected with the
provision of care to a child receiving child care services, has been
convicted in this state or any other state of a felony as defined in
section 53a-25 involving the use, attempted use or threatened use of
physical force against another person, of cruelty to persons under
section 53-20, injury or risk of injury to or impairing morals of children
under section 53-21, abandonment of children under the age of six
years under section 53-23, or any felony where the victim of the felony
is a child under eighteen years of age, or of a violation of section 53a-
70b of the general statutes, revision of 1958, revised to January 1, 2019,
or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-
73a, or has a criminal record in this state or any other state that the
commissioner reasonably believes renders the person unsuitable to
own, conduct, operate or maintain or be employed by a child care
center or group child care home. However, no refusal of a license shall
be rendered except in accordance with the provisions of sections 46a-
79 to 46a-81, inclusive.
Sec. 6. Subsection (a) of section 19a-87e of the general statutes is Substitute House Bill No. 7396
Public Act No. 19-189 6 of 37
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) The Commissioner of Early Childhood may (1) refuse to license
under section 19a-87b, a person to own, conduct, operate or maintain a
family child care home, as defined in section 19a-77, (2) refuse to
approve under section 19a-87b, a person to act as an assistant or
substitute staff member in a family child care home, as defined in
section 19a-77, or (3) suspend or revoke the license or approval or take
any other action that may be set forth in regulation that may be
adopted pursuant to section 19a-79 if the person who owns, conducts,
maintains or operates the family child care home, the person who acts
as an assistant or substitute staff member in a family child care home, a
person employed in such family child care home in a position
connected with the provision of care to a child receiving child care
services or a household member, as defined in subsection (c) of section
19a-87b, who is sixteen years of age or older and resides therein, has
been convicted, in this state or any other state of a felony, as defined in
section 53a-25, involving the use, attempted use or threatened use of
physical force against another person, or has a criminal record in this
state or any other state that the commissioner reasonably believes
renders the person unsuitable to own, conduct, operate or maintain or
be employed by a family child care home, or act as an assistant or
substitute staff member in a family child care home, or if such persons
or a household member has been convicted in this state or any other
state of cruelty to persons under section 53-20, injury or risk of injury
to or impairing morals of children under section 53-21, abandonment
of children under the age of six years under section 53-23, or any
felony where the victim of the felony is a child under eighteen years of
age, a violation of section 53a-70b of the general statutes, revision of
1958, revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,]
53a-71, 53a-72a, 53a-72b or 53a-73a, illegal manufacture, distribution,
sale, prescription, dispensing or administration under section 21a-277 Substitute House Bill No. 7396
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or 21a-278, or illegal possession under section 21a-279, or if such
person, a person who acts as assistant or substitute staff member in a
family child care home or a person employed in such family child care
home in a position connected with the provision of care to a child
receiving child care services, either fails to substantially comply with
the regulations adopted pursuant to section 19a-87b, or conducts,
operates or maintains the home in a manner which endangers the
health, safety and welfare of the children receiving child care services.
Any refusal of a license or approval pursuant to this section shall be
rendered in accordance with the provisions of sections 46a-79 to 46a-
81, inclusive. Any person whose license or approval has been revoked
pursuant to this section shall be ineligible to apply for a license or
approval for a period of one year from the effective date of revocation.
Sec. 7. Section 19a-112b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of Public Health shall provide to victims of a
sexual act constituting a violation of section 53a-70b of the general
statutes, revision of 1958, revised to January 1, 2019, or section 53-21,
53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-73a or 53a-
192a, regardless of whether any person is convicted or adjudicated
delinquent for such violation, the following services: (1) Counseling
regarding human immunodeficiency virus and acquired immune
deficiency syndrome; (2) HIV-related testing; and (3) referral service
for appropriate health care and support services. Such services shall be
provided through counseling and testing sites funded by the
Department of Public Health.
Sec. 8. Subdivision (5) of section 19a-112e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(5) "Sexual offense" means a violation of section 53a-70b of the Substitute House Bill No. 7396
Public Act No. 19-189 8 of 37
general statutes, revision of 1958, revised to January 1, 2019, or
subsection (a) of section 53a-70 [,] or section 53a-70a, [or 53a-70b,]
subsection (a) of section 53a-71, section 53a-72a or 53a-72b, subdivision
(2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a)
of section 53a-87 or section 53a-90a, 53a-196a or 53a-196b.
Sec. 9. Subdivision (8) of section 31-57r of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(8) "Sexual assault" means any act that constitutes a violation of
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a,
53a-72b or 53a-73a;
Sec. 10. Subsections (g) and (h) of section 45a-717 of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective October 1, 2019):
(g) At the adjourned hearing or at the initial hearing where no
investigation and report has been requested, the court may approve a
petition terminating the parental rights and may appoint a guardian of
the person of the child, or, if the petitioner requests, the court may
appoint a statutory parent, if it finds, upon clear and convincing
evidence, that (1) the termination is in the best interest of the child, and
(2) (A) the child has been abandoned by the parent in the sense that the
parent has failed to maintain a reasonable degree of interest, concern
or responsibility as to the welfare of the child; (B) the child has been
denied, by reason of an act or acts of parental commission or omission,
including, but not limited to, sexual molestation and exploitation,
severe physical abuse or a pattern of abuse, the care, guidance or
control necessary for the child's physical, educational, moral or
emotional well-being. Nonaccidental or inadequately explained
serious physical injury to a child shall constitute prima facie evidence Substitute House Bill No. 7396
Public Act No. 19-189 9 of 37
of acts of parental commission or omission sufficient for the
termination of parental rights; (C) there is no ongoing parent-child
relationship which is defined as the relationship that ordinarily
develops as a result of a parent having met on a continuing, day-to-
day basis the physical, emotional, moral and educational needs of the
child and to allow further time for the establishment or
reestablishment of the parent-child relationship would be detrimental
to the best interests of the child; (D) a child of the parent (i) was found
by the Superior Court or the Probate Court to have been neglected,
abused or uncared for, as those terms are defined in section 46b-120, in
a prior proceeding, or (ii) is found to be neglected, abused or uncared
for and has been in the custody of the commissioner for at least fifteen
months and such parent has been provided specific steps to take to
facilitate the return of the child to the parent pursuant to section 46b-
129 and has failed to achieve such degree of personal rehabilitation as
would encourage the belief that within a reasonable time, considering
the age and needs of the child, such parent could assume a responsible
position in the life of the child; (E) a child of the parent, who is under
the age of seven years is found to be neglected, abused or uncared for,
and the parent has failed, is unable or is unwilling to achieve such
degree of personal rehabilitation as would encourage the belief that
within a reasonable amount of time, considering the age and needs of
the child, such parent could assume a responsible position in the life of
the child and such parent's parental rights of another child were
previously terminated pursuant to a petition filed by the
Commissioner of Children and Families; (F) the parent has killed
through deliberate, nonaccidental act another child of the parent or has
requested, commanded, importuned, attempted, conspired or solicited
such killing or has committed an assault, through deliberate,
nonaccidental act that resulted in serious bodily injury of another child
of the parent; (G) except as provided in subsection (h) of this section,
the parent committed an act that constitutes sexual assault as
described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b Substitute House Bill No. 7396
Public Act No. 19-189 10 of 37
or 53a-73a or compelling a spouse or cohabitor to engage in sexual
intercourse by the use of force or by the threat of the use of force as
described in section 53a-70b of the general statutes, revision of 1958,
revised to January 1, 2019, if such act resulted in the conception of the
child; or (H) the parent was finally adjudged guilty of sexual assault
under section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-
73a or of compelling a spouse or cohabitor to engage in sexual
intercourse by the use of force or by the threat of the use of force under
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, if such act resulted in the conception of the child.
(h) If the petition alleges an act described in subparagraph (G) of
subdivision (2) of subsection (g) of this section that resulted in the
conception of the child as a basis for termination of parental rights and
the court determines that the respondent parent was finally adjudged
not guilty of such act of sexual assault under section 53a-70, 53a-70a,
53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or
cohabitor to engage in sexual intercourse by the use of force or by the
threat of the use of force under section 53a-70b of the general statutes,
revision of 1958, revised to January 1, 2019, the court shall transfer the
case to the Superior Court and the clerk of the Probate Court shall
transmit to the clerk of the Superior Court to which the case was
transferred, the original files and papers in the case. The Superior
Court, upon hearing after notice as provided in this section and section
45a-716, may grant the petition as provided in this section.
Sec. 11. Section 46b-38h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
If any person is convicted of a violation of section 53a-70b of the
general statutes, revision of 1958, revised to January 1, 2019, or section
53a-59, 53a-59a, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-62, 53a-
63, 53a-64, 53a-64aa, 53a-64bb, 53a-64cc, 53a-70, 53a-70a, [53a-70b,] 53a-
70c, 53a-71, 53a-72a, 53a-72b, 53a-181, 53a-181c, 53a-181d, 53a-181e, Substitute House Bill No. 7396
Public Act No. 19-189 11 of 37
53a-182, 53a-182b, 53a-183, 53a-223, 53a-223a or 53a-223b, against a
family or household member, as defined in section 46b-38a, the court
shall include a designation that such conviction involved family
violence on the court record for the purposes of criminal history record
information, as defined in subsection (a) of section 54-142g.
Sec. 12. Subsection (a) of section 47a-11e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) Notwithstanding the provisions of this chapter and chapter 831,
for rental agreements entered into or renewed on or after January 1,
2011, any tenant who (1) is a victim of family violence, as defined in
section 46b-38a, and (2) reasonably believes it is necessary to vacate the
dwelling unit due to fear of imminent harm to the tenant or a
dependent of the tenant because of family violence, may terminate his
or her rental agreement with the landlord for the dwelling unit that the
tenant occupies without penalty or liability for the remaining term of
the rental agreement by giving written notice to the landlord at least
thirty days prior to the date the tenant intends to terminate the rental
agreement. Notwithstanding the provisions of this chapter and chapter
831, for rental agreements entered into or renewed on or after January
1, 2014, any tenant who (A) is a victim of sexual assault under any
provision of section 53a-70b of the general statutes, revision of 1958,
revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71,
53a-72a, 53a-72b or 53a-73a, or is the parent or guardian with physical
custody of a dependent who is the victim of sexual assault under
section 53a-70c, and (B) reasonably believes it is necessary to vacate the
dwelling unit due to fear of imminent harm to the tenant or a
dependent of the tenant because of such sexual assault, may terminate
his or her rental agreement with the landlord for the dwelling unit that
the tenant occupies without penalty or liability for the remaining term
of the rental agreement by giving written notice to the landlord at least Substitute House Bill No. 7396
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thirty days prior to the date the tenant intends to terminate the rental
agreement.
Sec. 13. Subsection (a) of section 52-161b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) A pro se litigant in any civil matter, including a habeas corpus
proceeding, shall notify the clerk of the court if such litigant has been
convicted of a family violence crime, as defined in section 53a-70b of
the general statutes, revision of 1958, revised to January 1, 2019, or
section 46b-38a, or a violation of section 53-21, 53a-70, 53a-70a, [53a-
70b,] 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d or 53a-181e
and if the subject of a subpoena to be issued by such litigant in such
matter is the victim of the crime for which such litigant was convicted.
Sec. 14. Subsection (f) of section 53a-29 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(f) The period of probation, unless terminated sooner as provided in
section 53a-32, shall be not less than ten years or more than thirty-five
years for conviction of a violation of section 53a-70b of the general
statutes, revision of 1958, revised to January 1, 2019, or subdivision (2)
of subsection (a) of section 53-21 [,] or section 53a-70, 53a-70a, [53a-
70b,] 53a-71, 53a-72a, 53a-72b, 53a-90a or subdivision (2), (3) or (4) of
subsection (a) of section 53a-189a, or section 53a-196b, 53a-196c, 53a-
196d, 53a-196e or 53a-196f.
Sec. 15. Subsection (a) of section 53a-30 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) When imposing sentence of probation or conditional discharge,
the court may, as a condition of the sentence, order that the defendant: Substitute House Bill No. 7396
Public Act No. 19-189 13 of 37
(1) Work faithfully at a suitable employment or faithfully pursue a
course of study or of vocational training that will equip the defendant
for suitable employment; (2) undergo medical or psychiatric treatment
and remain in a specified institution, when required for that purpose;
(3) support the defendant's dependents and meet other family
obligations; (4) make restitution of the fruits of the defendant's offense
or make restitution, in an amount the defendant can afford to pay or
provide in a suitable manner, for the loss or damage caused thereby.
The court or the Court Support Services Division, if authorized by the
court, may fix the amount thereof and the manner of performance, and
the victim shall be advised by the court or the Court Support Services
Division that restitution ordered under this section may be enforced
pursuant to section 53a-28a; (5) if a minor, (A) reside with the minor's
parents or in a suitable foster home, (B) attend school, and (C)
contribute to the minor's own support in any home or foster home; (6)
post a bond or other security for the performance of any or all
conditions imposed; (7) refrain from violating any criminal law of the
United States, this state or any other state; (8) if convicted of a
misdemeanor or a felony, other than a capital felony under the
provisions of section 53a-54b in effect prior to April 25, 2012, a class A
felony or a violation of section 53a-70b of the general statutes, revision
of 1958, revised to January 1, 2019, or section 21a-278, 21a-278a, 53a-55,
53a-56, 53a-56b, 53a-57 [,] or 53a-58 [or 53a-70b] or any offense for
which there is a mandatory minimum sentence which may not be
suspended or reduced by the court, and any sentence of imprisonment
is suspended, participate in an alternate incarceration program; (9)
reside in a residential community center or halfway house approved
by the Commissioner of Correction, and contribute to the cost incident
to such residence; (10) participate in a program of community service
labor in accordance with section 53a-39c; (11) participate in a program
of community service in accordance with section 51-181c; (12) if
convicted of a violation of section 53a-70b of the general statutes,
revision of 1958, revised to January 1, 2019, or subdivision (2) of Substitute House Bill No. 7396
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subsection (a) of section 53-21 [,] or section 53a-70, 53a-70a, [53a-70b,]
53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender
treatment; (13) if convicted of a criminal offense against a victim who
is a minor, a nonviolent sexual offense or a sexually violent offense, as
defined in section 54-250, as amended by this act, or of a felony that the
court finds was committed for a sexual purpose, as provided in section
54-254, register such person's identifying factors, as defined in section
54-250, as amended by this act, with the Commissioner of Emergency
Services and Public Protection when required pursuant to section 54-
251, 54-252 or 54-253, as the case may be; (14) be subject to electronic
monitoring, which may include the use of a global positioning system;
(15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-
181k or 53a-181l, participate in an anti-bias or diversity awareness
program or participate in a program of community service designed to
remedy damage caused by the commission of a bias crime or otherwise
related to the defendant's violation; (16) if convicted of a violation of
section 53-247, undergo psychiatric or psychological counseling or
participate in an animal cruelty prevention and education program
provided such a program exists and is available to the defendant; or
(17) satisfy any other conditions reasonably related to the defendant's
rehabilitation. The court shall cause a copy of any such order to be
delivered to the defendant and to the probation officer, if any.
Sec. 16. Section 53a-32a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
If a defendant who entered a plea of nolo contendere or a guilty
plea under the Alford doctrine to a violation of subdivision (2) of
section 53-21 of the general statutes in effect prior to October 1, 2000,
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, or subdivision (2) of subsection (a) of section 53-21 or
section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, and was
ordered to undergo sexual offender treatment as a condition of Substitute House Bill No. 7396
Public Act No. 19-189 15 of 37
probation, becomes ineligible for such treatment because of such
defendant's refusal to acknowledge that such defendant committed the
act or acts charged, such defendant shall be deemed to be in violation
of the conditions of such defendant's probation and be returned to
court for proceedings in accordance with section 53a-32.
Sec. 17. Section 53a-33 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The court or sentencing judge may at any time during the period of
probation or conditional discharge, after hearing and for good cause
shown, terminate a sentence of probation or conditional discharge
before the completion thereof, except a sentence of probation imposed
for conviction of a violation of subdivision (2) of section 53-21 of the
general statutes in effect prior to October 1, 2000, section 53a-70b of the
general statutes, revision of 1958, revised to January 1, 2019, or
subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-
70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b.
Sec. 18. Subsection (a) of section 53a-39a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) In all cases where a defendant has been convicted of a
misdemeanor or a felony, other than a capital felony under the
provisions of section 53a-54b in effect prior to April 25, 2012, a class A
felony or a violation of section 53a-70b of the general statutes, revision
of 1958, revised to January 1, 2019, or section 21a-278, 21a-278a, 53a-55,
53a-56, 53a-56b, 53a-57 [,] or 53a-58 [or 53a-70b] or any other offense
for which there is a mandatory minimum sentence which may not be
suspended or reduced by the court, after trial or by a plea of guilty
without trial, and a term of imprisonment is part of a stated plea
agreement or the statutory penalty provides for a term of
imprisonment, the court may, in its discretion, order an assessment for Substitute House Bill No. 7396
Public Act No. 19-189 16 of 37
placement in an alternate incarceration program under contract with
the Judicial Department. If the Court Support Services Division
recommends placement in an alternate incarceration program, it shall
also submit to the court a proposed alternate incarceration plan. Upon
completion of the assessment, the court shall determine whether such
defendant shall be ordered to participate in such program as an
alternative to incarceration. If the court determines that the defendant
shall participate in such program, the court shall suspend any sentence
of imprisonment and shall make participation in the alternate
incarceration program a condition of probation as provided in section
53a-30, as amended by this act.
Sec. 19. Subsection (d) of section 53a-40 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(d) A persistent serious sexual offender is a person, other than a
person who qualifies as a persistent dangerous sexual offender under
subsection (b) of this section, who qualifies as a persistent serious
felony offender under subsection (c) of this section and the felony of
which such person presently stands convicted is a violation of section
53a-70b of the general statutes, revision of 1958, revised to January 1,
2019, or subdivision (2) of subsection (a) of section 53-21, or section
53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b and the prior
conviction is for a violation of section 53-21 of the general statutes,
revised to January 1, 1995, involving sexual contact, committed prior to
October 1, 1995, a violation of subdivision (2) of section 53-21 of the
general statutes, committed on or after October 1, 1995, and prior to
October 1, 2000, a violation of section 53a-70b of the general statutes,
revision of 1958, revised to January 1, 2019, or a violation of
subdivision (2) of subsection (a) of section 53-21 or a violation of
section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b.
Sec. 20. Subsection (a) of section 53a-40e of the general statutes is Substitute House Bill No. 7396
Public Act No. 19-189 17 of 37
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) If any person is convicted of (1) a violation of section 53a-70b of
the general statutes, revision of 1958, revised to January 1, 2019, or
subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59,
53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,]
53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e,
53a-182b or 53a-183, subdivision (2) of subsection (a) of section 53a-
192a, section 53a-223, 53a-223a or 53a-223b or attempt or conspiracy to
violate any of said sections or section 53a-54a, or (2) any crime that the
court determines constitutes a family violence crime, as defined in
section 46b-38a, or attempt or conspiracy to commit any such crime,
the court may, in addition to imposing the sentence authorized for the
crime under section 53a-35a or 53a-36, if the court is of the opinion that
the history and character and the nature and circumstances of the
criminal conduct of such offender indicate that a standing criminal
protective order will best serve the interest of the victim and the
public, issue a standing criminal protective order which shall remain
in effect for a duration specified by the court until modified or revoked
by the court for good cause shown. If any person is convicted of any
crime not specified in subdivision (1) or (2) of this subsection, the court
may, for good cause shown, issue a standing criminal protective order
pursuant to this subsection.
Sec. 21. Section 53a-65 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
As used in this part, [except section 53a-70b,] the following terms
have the following meanings:
(1) "Actor" means a person accused of sexual assault.
(2) "Sexual intercourse" means vaginal intercourse, anal intercourse, Substitute House Bill No. 7396
Public Act No. 19-189 18 of 37
fellatio or cunnilingus between persons regardless of sex. [Its meaning
is limited to persons not married to each other.] Penetration, however
slight, is sufficient to complete vaginal intercourse, anal intercourse or
fellatio and does not require emission of semen. Penetration may be
committed by an object manipulated by the actor into the genital or
anal opening of the victim's body.
(3) "Sexual contact" means any contact with the intimate parts of a
person [not married to the actor] for the purpose of sexual gratification
of the actor or for the purpose of degrading or humiliating such person
or any contact of the intimate parts of the actor with a person [not
married to the actor] for the purpose of sexual gratification of the actor
or for the purpose of degrading or humiliating such person.
(4) "Impaired because of mental disability or disease" means that a
person suffers from a mental disability or disease which renders such
person incapable of appraising the nature of such person's conduct.
(5) "Mentally incapacitated" means that a person is rendered
temporarily incapable of appraising or controlling such person's
conduct owing to the influence of a drug or intoxicating substance
administered to such person without such person's consent, or owing
to any other act committed upon such person without such person's
consent.
(6) "Physically helpless" means that a person is (A) unconscious, or
(B) for any other reason, is physically unable to resist an act of sexual
intercourse or sexual contact or to communicate unwillingness to an
act of sexual intercourse or sexual contact.
(7) "Use of force" means: (A) Use of a dangerous instrument; or (B)
use of actual physical force or violence or superior physical strength
against the victim.
(8) "Intimate parts" means the genital area or any substance emitted Substitute House Bill No. 7396
Public Act No. 19-189 19 of 37
therefrom, groin, anus or any substance emitted therefrom, inner
thighs, buttocks or breasts.
(9) "Psychotherapist" means a physician, psychologist, nurse,
substance abuse counselor, social worker, clergyman, marital and
family therapist, mental health service provider, hypnotist or other
person, whether or not licensed or certified by the state, who performs
or purports to perform psychotherapy.
(10) "Psychotherapy" means the professional treatment, assessment
or counseling of a mental or emotional illness, symptom or condition.
(11) "Emotionally dependent" means that the nature of the patient's
or former patient's emotional condition and the nature of the treatment
provided by the psychotherapist are such that the psychotherapist
knows or has reason to know that the patient or former patient is
unable to withhold consent to sexual contact by or sexual intercourse
with the psychotherapist.
(12) "Therapeutic deception" means a representation by a
psychotherapist that sexual contact by or sexual intercourse with the
psychotherapist is consistent with or part of the patient's treatment.
(13) "School employee" means: (A) A teacher, substitute teacher,
school administrator, school superintendent, guidance counselor,
school counselor, psychologist, social worker, nurse, physician, school
paraprofessional or coach employed by a local or regional board of
education or a private elementary, middle or high school or working in
a public or private elementary, middle or high school; or (B) any other
person who, in the performance of his or her duties, has regular
contact with students and who provides services to or on behalf of
students enrolled in (i) a public elementary, middle or high school,
pursuant to a contract with the local or regional board of education, or
(ii) a private elementary, middle or high school, pursuant to a contract Substitute House Bill No. 7396
Public Act No. 19-189 20 of 37
with the supervisory agent of such private school.
Sec. 22. Subsection (b) of section 53a-67 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) In any prosecution for an offense under this part, except an
offense under section 53a-70b of the general statutes, revision of 1958,
revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71,
53a-72a or 53a-72b, it shall be an affirmative defense that the defendant
and the alleged victim were, at the time of the alleged offense, living
together by mutual consent in a relationship of cohabitation, regardless
of the legal status of their relationship.
Sec. 23. Subsection (h) of section 54-56d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(h) (1) If, at the hearing, the court finds that there is a substantial
probability that the defendant, if provided with a course of treatment,
will regain competency within the period of any placement order
under this section, the court shall either (A) order placement of the
defendant for treatment for the purpose of rendering the defendant
competent, or (B) order placement of the defendant at a treatment
facility pending civil commitment proceedings pursuant to
subdivision (2) of this subsection.
(2) (A) Except as provided in subparagraph (B) of this subdivision, if
the court makes a finding pursuant to subdivision (1) of this subsection
and does not order placement pursuant to subparagraph (A) of said
subdivision, the court shall, on its own motion or on motion of the
state or the defendant, order placement of the defendant in the custody
of the Commissioner of Mental Health and Addiction Services at a
treatment facility pending civil commitment proceedings. The Substitute House Bill No. 7396
Public Act No. 19-189 21 of 37
treatment facility shall be determined by the Commissioner of Mental
Health and Addiction Services. Such order shall: (i) Include an
authorization for the Commissioner of Mental Health and Addiction
Services to apply for civil commitment of such defendant pursuant to
sections 17a-495 to 17a-528, inclusive; (ii) permit the defendant to agree
to request voluntarily to be admitted under section 17a-506 and
participate voluntarily in a treatment plan prepared by the
Commissioner of Mental Health and Addiction Services, and require
that the defendant comply with such treatment plan; and (iii) provide
that if the application for civil commitment is denied or not pursued
by the Commissioner of Mental Health and Addiction Services, or if
the defendant is unwilling or unable to comply with a treatment plan
despite reasonable efforts of the treatment facility to encourage the
defendant's compliance, the person in charge of the treatment facility,
or such person's designee, shall submit a written progress report to the
court and the defendant shall be returned to the court for a hearing
pursuant to subsection (k) of this section. Such written progress report
shall include the status of any civil commitment proceedings
concerning the defendant, the defendant's compliance with the
treatment plan, an opinion regarding the defendant's current
competency to stand trial, the clinical findings of the person
submitting the report and the facts upon which the findings are based,
and any other information concerning the defendant requested by the
court, including, but not limited to, the method of treatment or the
type, dosage and effect of any medication the defendant is receiving.
The Court Support Services Division shall monitor the defendant's
compliance with any applicable provisions of such order. The period
of placement and monitoring under such order shall not exceed the
period of the maximum sentence which the defendant could receive on
conviction of the charges against such defendant, or eighteen months,
whichever is less. If the defendant has complied with such treatment
plan and any applicable provisions of such order, at the end of the
period of placement and monitoring, the court shall approve the entry Substitute House Bill No. 7396
Public Act No. 19-189 22 of 37
of a nolle prosequi to the charges against the defendant or shall
dismiss such charges.
(B) This subdivision shall not apply: (i) To any person charged with
a class A felony, a class B felony, except a violation of section 53a-122
that does not involve the use, attempted use or threatened use of
physical force against another person, or a violation of section 53a-70b
of the general statutes, revision of 1958, revised to January 1, 2019, or
section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of
section 14-227n, subdivision (2) of subsection (a) of section 53-21 or
section 53a-56b, 53a-60d, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or
53a-72b; (ii) to any person charged with a crime or motor vehicle
violation who, as a result of the commission of such crime or motor
vehicle violation, causes the death of another person; or (iii) unless
good cause is shown, to any person charged with a class C felony.
Sec. 24. Subdivision (3) of subsection (m) of section 54-56d of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(3) If the court orders the release of a defendant charged with the
commission of a crime that resulted in the death or serious physical
injury, as defined in section 53a-3, of another person, or with a
violation of section 53a-70b of the general statutes, revision of 1958,
revised to January 1, 2019, or subdivision (2) of subsection (a) of
section 53-21, subdivision (2) of subsection (a) of section 53a-60 or
section 53a-60a, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b,
or orders the placement of such defendant in the custody of the
Commissioner of Mental Health and Addiction Services or the
Commissioner of Developmental Services, the court may, on its own
motion or on motion of the prosecuting authority, order, as a condition
of such release or placement, periodic examinations of the defendant
as to the defendant's competency at intervals of not less than six
months. If, at any time after the initial periodic examination, the court Substitute House Bill No. 7396
Public Act No. 19-189 23 of 37
finds again, based upon an examiner's recommendation, that there is a
substantial probability that the defendant, if provided with a course of
treatment, will never regain competency, then any subsequent periodic
examination of the defendant as to the defendant's competency shall
be at intervals of not less than eighteen months. Such an examination
shall be conducted in accordance with subsection (d) of this section.
Periodic examinations ordered by the court under this subsection shall
continue until the court finds that the defendant has attained
competency or until the time within which the defendant may be
prosecuted for the crime with which the defendant is charged, as
provided in section 54-193 or 54-193a, has expired, whichever occurs
first.
Sec. 25. Subsection (c) of section 54-56e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(c) This section shall not be applicable: (1) To any person charged
with (A) a class A felony, (B) a class B felony, except a violation of
subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does
not involve the use, attempted use or threatened use of physical force
against another person, or a violation of subdivision (4) of subsection
(a) of section 53a-122 that does not involve the use, attempted use or
threatened use of physical force against another person and does not
involve a violation by a person who is a public official, as defined in
section 1-110, or a state or municipal employee, as defined in section 1-
110, or (C) a violation of section 53a-70b of the general statutes,
revision of 1958, revised to January 1, 2019, or section 14-227a or 14-
227m, subdivision (1) or (2) of subsection (a) of section 14-227n,
subdivision (2) of subsection (a) of section 53-21 or section 53a-56b,
53a-60d, 53a-70, 53a-70a, [53a-70b,] 53a-71, except as provided in
subdivision (5) of this subsection, 53a-72a, 53a-72b, 53a-90a, 53a-196e
or 53a-196f, (2) to any person charged with a crime or motor vehicle Substitute House Bill No. 7396
Public Act No. 19-189 24 of 37
violation who, as a result of the commission of such crime or motor
vehicle violation, causes the death of another person, (3) to any person
accused of a family violence crime as defined in section 46b-38a who
(A) is eligible for the pretrial family violence education program
established under section 46b-38c, or (B) has previously had the
pretrial family violence education program invoked in such person's
behalf, (4) to any person charged with a violation of section 21a-267 or
21a-279 who (A) is eligible for the pretrial drug education and
community service program established under section 54-56i, or (B)
has previously had the pretrial drug education program or the pretrial
drug education and community service program invoked on such
person's behalf, (5) unless good cause is shown, to (A) any person
charged with a class C felony, or (B) any person charged with
committing a violation of subdivision (1) of subsection (a) of section
53a-71 while such person was less than four years older than the other
person, (6) to any person charged with a violation of section 9-359 or 9-
359a, (7) to any person charged with a motor vehicle violation (A)
while operating a commercial motor vehicle, as defined in section 14-1,
or (B) who holds a commercial driver's license or commercial driver's
instruction permit at the time of the violation, (8) to any person
charged with a violation of subdivision (6) of subsection (a) of section
53a-60, or (9) to a health care provider or vendor participating in the
state's Medicaid program charged with a violation of section 53a-122
or subdivision (4) of subsection (a) of section 53a-123.
Sec. 26. Subdivision (2) of section 54-76b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(2) "Youthful offender" means a youth who (A) is charged with the
commission of a crime which is not a class A felony or a violation of
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of Substitute House Bill No. 7396
Public Act No. 19-189 25 of 37
subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m,
subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision
(2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-
70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving
consensual sexual intercourse or sexual contact between the youth and
another person who is thirteen years of age or older but under sixteen
years of age, and (B) has not previously been convicted of a felony in
the regular criminal docket of the Superior Court or been previously
adjudged a serious juvenile offender or serious juvenile repeat
offender, as defined in section 46b-120.
Sec. 27. Subsection (a) of section 54-76c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) In any case where an information or complaint has been laid
charging a defendant with the commission of a crime, and where it
appears that the defendant is a youth, such defendant shall be
presumed to be eligible to be adjudged a youthful offender and the
court having jurisdiction shall, but only as to the public, order the
court file sealed, unless such defendant (1) is charged with the
commission of a crime which is a class A felony or a violation of
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of
subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m,
subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision
(2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-
70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving
consensual sexual intercourse or sexual contact between the youth and
another person who is thirteen years of age or older but under sixteen
years of age, or (2) has been previously convicted of a felony in the
regular criminal docket of the Superior Court or been previously
adjudged a serious juvenile offender or serious juvenile repeat Substitute House Bill No. 7396
Public Act No. 19-189 26 of 37
offender, as defined in section 46b-120. Except as provided in
subsection (b) of this section, upon motion of the prosecuting official,
the court may order that an investigation be made of such defendant
under section 54-76d, for the purpose of determining whether such
defendant is ineligible to be adjudged a youthful offender, provided
the court file shall remain sealed, but only as to the public, during such
investigation.
Sec. 28. Subsection (a) of section 54-76l of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) The records or other information of a youth, other than a youth
arrested for or charged with the commission of a crime which is a class
A felony or a violation of section 53a-70b of the general statutes,
revision of 1958, revised to January 1, 2019, or section 14-222a,
subsection (a) or subdivision (1) of subsection (b) of section 14-224,
section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection
(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21
or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except
a violation involving consensual sexual intercourse or sexual contact
between the youth and another person who is thirteen years of age or
older but under sixteen years of age, including fingerprints,
photographs and physical descriptions, shall be confidential and shall
not be open to public inspection or be disclosed except as provided in
this section, but such fingerprints, photographs and physical
descriptions submitted to the State Police Bureau of Identification of
the Division of State Police within the Department of Emergency
Services and Public Protection at the time of the arrest of a person
subsequently adjudged, or subsequently presumed or determined to
be eligible to be adjudged, a youthful offender shall be retained as
confidential matter in the files of the bureau and be opened to
inspection only as provided in this section. Other data ordinarily Substitute House Bill No. 7396
Public Act No. 19-189 27 of 37
received by the bureau, with regard to persons arrested for a crime,
shall be forwarded to the bureau to be filed, in addition to such
fingerprints, photographs and physical descriptions, and be retained in
the division as confidential information, open to inspection only as
provided in this section.
Sec. 29. Section 54-86d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
Any person who has been the victim of a sexual assault under
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71,
53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or
injury or risk of injury, or impairing of morals under section 53-21, or
of an attempt thereof, or family violence, as defined in section 46b-38a,
shall not be required to divulge his or her address or telephone
number during any trial or pretrial evidentiary hearing arising from
the sexual assault, voyeurism or injury or risk of injury to, or impairing
of morals of, a child, or family violence; provided the judge presiding
over such legal proceeding finds: (1) Such information is not material
to the proceeding, (2) the identity of the victim has been satisfactorily
established, and (3) the current address of the victim will be made
available to the defense in the same manner and time as such
information is made available to the defense for other criminal
offenses.
Sec. 30. Section 54-86e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The name and address of the victim of a sexual assault under
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71,
53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or
injury or risk of injury, or impairing of morals under section 53-21, or Substitute House Bill No. 7396
Public Act No. 19-189 28 of 37
of an attempt thereof, or family violence, as defined in section 46b-38a
and such other identifying information pertaining to such victim as
determined by the court, shall be confidential and shall be disclosed
only upon order of the Superior Court, except that (1) such information
shall be available to the accused in the same manner and time as such
information is available to persons accused of other criminal offenses,
and (2) if a protective order is issued in a prosecution under any of
said sections, the name and address of the victim, in addition to the
information contained in and concerning the issuance of such order,
shall be entered in the registry of protective orders pursuant to section
51-5c.
Sec. 31. Subsection (a) of section 54-86j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) No member of any municipal police department, the state police
or the Division of Criminal Justice may request or require any victim of
a sexual assault under section 53a-70b of the general statutes, revision
of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,]
53a-71, 53a-72a, 53a-72b or 53a-73a to submit to or take a polygraph
examination.
Sec. 32. Subsection (a) of section 54-102b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) Notwithstanding any provision of the general statutes, except as
provided in subsection (b) of this section, a court entering a judgment
of conviction or conviction of a child as delinquent for a violation of
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, or section 53a-70, 53a-70a, [53a-70b] or 53a-71 or a
violation of section 53-21, 53a-72a, 53a-72b or 53a-73a involving a
sexual act, shall, at the request of the victim of such crime, order that Substitute House Bill No. 7396
Public Act No. 19-189 29 of 37
the offender be tested for the presence of the etiologic agent for
acquired immune deficiency syndrome or human immunodeficiency
virus and that the results be disclosed to the victim and the offender.
The test shall be performed by or at the direction of the Department of
Correction or, in the case of a child convicted as delinquent, at the
direction of the Court Support Services Division of the Judicial
Department or the Department of Children and Families, in
consultation with the Department of Public Health.
Sec. 33. Subsection (a) of section 54-102g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) Whenever any person is arrested on or after October 1, 2011, for
the commission of a serious felony and, prior to such arrest, has been
convicted of a felony but has not submitted to the taking of a blood or
other biological sample for DNA (deoxyribonucleic acid) analysis
pursuant to this section, the law enforcement agency that arrested such
person shall, as available resources allow, require such person to
submit to the taking of a blood or other biological sample for DNA
(deoxyribonucleic acid) analysis to determine identification
characteristics specific to the person. If the law enforcement agency
requires such person to submit to the taking of such blood or other
biological sample, such person shall submit to the taking of such
sample prior to release from custody and at such time and place as the
agency may specify. For purposes of this subsection, "serious felony"
means a violation of section 53a-70b of the general statutes, revision of
1958, revised to January 1, 2019, or section 53a-54a, 53a-54b, 53a-54c,
53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-56b, 53a-57, 53a-59, 53a-
59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,] 53a-
72b, 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-100aa, 53a-101, 53a-
102, 53a-102a, 53a-103a, 53a-111, 53a-112, 53a-134, 53a-135, 53a-136,
53a-167c, 53a-179b, 53a-179c or 53a-181c. Substitute House Bill No. 7396
Public Act No. 19-189 30 of 37
Sec. 34. Subsection (c) of section 54-125e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(c) The period of special parole shall be not less than one year or
more than ten years, except that such period may be for more than ten
years for a person convicted of a violation of section 53a-70b of the
general statutes, revision of 1958, revised to January 1, 2019, or
subdivision (2) of section 53-21 of the general statutes in effect prior to
October 1, 2000, subdivision (2) of subsection (a) of section 53-21, or
section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b or
sentenced as a persistent dangerous felony offender pursuant to
subsection (i) of section 53a-40 or as a persistent serious felony
offender pursuant to subsection (k) of section 53a-40.
Sec. 35. Subsection (a) of section 54-125i of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) An inmate (1) not convicted of a crime for which there is a
victim, as defined in section 54-201 or section 54-226, who is known by
the Board of Pardons and Paroles, (2) whose eligibility for parole
release is not subject to the provisions of subsection (b) of section 54-
125a, (3) who was not convicted of a violation of section 53a-70b of the
general statutes, revision of 1958, revised to January 1, 2019, or section
53a-55, 53a-55a, 53a-56, 53a-56a, 53a-56b, 53a-57, 53a-58, 53a-59, 53a-
59a, 53a-60, 53a-60a, 53a-60c, 53a-64aa, 53a-64bb, 53a-70, [53a-70b,] 53a-
72b, 53a-92, 53a-92a, 53a-94a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-
102a, 53a-103a, 53a-111, 53a-112, 53a-134, 53a-135, 53a-136, 53a-167c,
53a-179b, 53a-179c or 53a-181c, and (4) who is not otherwise prohibited
from being granted parole for any reason, may be allowed to go at
large on parole in accordance with the provisions of section 54-125a or
section 54-125g, pursuant to the provisions of subsections (b) and (c) of
this section. Substitute House Bill No. 7396
Public Act No. 19-189 31 of 37
Sec. 36. Section 54-143c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
In addition to any fine, fee or cost that may be imposed pursuant to
any provision of the general statutes, the court shall impose a fine of
one hundred fifty-one dollars on any person who, on or after July 1,
2004, is convicted of or pleads guilty or nolo contendere to a violation
of section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, or subdivision (2) of subsection (a) of section 53-21 or
section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a.
Fines collected under this section shall be deposited in the sexual
assault victims account established under section 19a-112d.
Sec. 37. Section 54-193b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
Notwithstanding the provisions of sections 54-193 and 54-193a,
there shall be no limitation of time within which a person may be
prosecuted for a violation of section 53a-70b of the general statutes,
revision of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a,
[53a-70b,] 53a-71, 53a-72a or 53a-72b, provided (1) the victim notified
any police officer or state's attorney acting in such police officer's or
state's attorney's official capacity of the commission of the offense not
later than five years after the commission of the offense, and (2) the
identity of the person who allegedly committed the offense has been
established through a DNA (deoxyribonucleic acid) profile comparison
using evidence collected at the time of the commission of the offense.
Sec. 38. Subsections (d) and (e) of section 54-209 of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective October 1, 2019):
(d) In instances where a violation of section 53a-70b of the general
statutes, revision of 1958, revised to January 1, 2019, or section 53-21, Substitute House Bill No. 7396
Public Act No. 19-189 32 of 37
53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a,
53a-82 or 53a-192a has been alleged, the Office of Victim Services or, on
review, a victim compensation co mmissioner, may order
compensation be paid if (1) the personal injury has been disclosed to:
(A) A physician or surgeon licensed under chapter 370; (B) a resident
physician or intern in any hospital in this state, whether or not
licensed; (C) a physician assistant licensed under chapter 370; (D) an
advanced practice registered nurse, registered nurse or practical nurse
licensed under chapter 378; (E) a psychologist licensed under chapter
383; (F) a police officer; (G) a mental health professional; (H) an
emergency medical services provider licensed or certified under
chapter 368d; (I) an alcohol and drug counselor licensed or certified
under chapter 376b; (J) a marital and family therapist licensed under
chapter 383a; (K) a domestic violence counselor or a sexual assault
counselor, as defined in section 52-146k; (L) a professional counselor
licensed under chapter 383c; (M) a clinical social worker licensed
under chapter 383b; (N) an employee of the Department of Children
and Families; or (O) a school principal, a school teacher, a school
guidance counselor or a school counselor, and (2) the office or
commissioner, as the case may be, reasonably concludes that a
violation of any of said sections has occurred.
(e) In instances where a violation of section 53a-70b of the general
statutes, revision of 1958, revised to January 1, 2019, or section 53-21,
53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a,
53a-82, 53a-192a or family violence, as defined in section 46b-38a, has
been alleged, the Office of Victim Services or, on review, a victim
compensation commissioner, may also order the payment of
compensation under sections 54-201 to 54-218, inclusive, for personal
injury suffered by a victim (1) as reported in an application for a
restraining order under section 46b-15 or an application for a civil
protection order under section 46b-16a, an affidavit supporting an
application under section 46b-15 or section 46b-16a, or on the record to Substitute House Bill No. 7396
Public Act No. 19-189 33 of 37
the court, provided such restraining order or civil protection order was
granted in the Superior Court following a hearing; or (2) as disclosed
to a domestic violence counselor or a sexual assault counselor, as such
terms are defined in section 52-146k.
Sec. 39. Subdivision (14) of section 54-240 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(14) "Sexual assault" means any act that constitutes a violation of
section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a,
53a-72b or 53a-73a; and
Sec. 40. Subdivision (11) of section 54-250 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(11) "Sexually violent offense" means (A) a violation of section 53a-
70b of the general statutes, revision of 1958, revised to January 1, 2019,
or section 53a-70, except subdivision (2) of subsection (a) of said
section, 53a-70a, [53a-70b,] 53a-71, except subdivision (1), (4), (8) or (10)
or subparagraph (B) of subdivision (9) of subsection (a) of said section
or subparagraph (A) of subdivision (9) of subsection (a) of said section
if the court makes a finding that, at the time of the offense, the victim
was under eighteen years of age, 53a-72a, except subdivision (2) of
subsection (a) of said section, or 53a-72b, or of section 53a-92 or 53a-
92a, provided the court makes a finding that the offense was
committed with intent to sexually violate or abuse the victim, (B) a
violation of any of the offenses specified in subparagraph (A) of this
subdivision for which a person is criminally liable under section 53a-8,
53a-48 or 53a-49, or (C) a violation of any predecessor statute to any of
the offenses specified in subparagraph (A) or (B) of this subdivision
the essential elements of which are substantially the same as said Substitute House Bill No. 7396
Public Act No. 19-189 34 of 37
offense.
Sec. 41. Subsections (a) to (c), inclusive, of section 54-255 of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(a) Upon the conviction or finding of not guilty by reason of mental
disease or defect of any person for a violation of section 53a-70b of the
general statutes, revision of 1958, revised to January 1, 2019, the court
may order the Department of Emergency Services and Public
Protection to restrict the dissemination of the registration information
to law enforcement purposes only and to not make such information
available for public access, provided the court finds that dissemination
of the registration information is not required for public safety and that
publication of the registration information would be likely to reveal
the identity of the victim within the community where the victim
resides. The court shall remove the restriction on the dissemination of
such registration information if, at any time, the court finds that public
safety requires that such person's registration information be made
available to the public or that a change of circumstances makes
publication of such registration information no longer likely to reveal
the identity of the victim within the community where the victim
resides. Prior to ordering or removing the restriction on the
dissemination of such person's registration information, the court shall
consider any information or statements provided by the victim.
(b) Upon the conviction or finding of not guilty by reason of mental
disease or defect of any person of a criminal offense against a victim
who is a minor, a nonviolent sexual offense or a sexually violent
offense, where the victim of such offense was, at the time of the
offense, under eighteen years of age and related to such person within
any of the degrees of kindred specified in section 46b-21, the court may
order the Department of Emergency Services and Public Protection to
restrict the dissemination of the registration information to law Substitute House Bill No. 7396
Public Act No. 19-189 35 of 37
enforcement purposes only and to not make such information
available for public access, provided the court finds that dissemination
of the registration information is not required for public safety and that
publication of the registration information would be likely to reveal
the identity of the victim within the community where the victim
resides. The court shall remove the restriction on the dissemination of
such registration information if, at any time, it finds that public safety
requires that such person's registration information be made available
to the public or that a change in circumstances makes publication of
the registration information no longer likely to reveal the identity of
the victim within the community where the victim resides.
(c) Any person who: (1) Has been convicted or found not guilty by
reason of mental disease or defect of a violation of subdivision (1) of
subsection (a) of section 53a-71 between October 1, 1988, and June 30,
1999, and was under nineteen years of age at the time of the offense; (2)
has been convicted or found not guilty by reason of mental disease or
defect of a violation of subdivision (2) of subsection (a) of section 53a-
73a between October 1, 1988, and June 30, 1999; (3) has been convicted
or found not guilty by reason of mental disease or defect of a criminal
offense against a victim who is a minor, a nonviolent sexual offense or
a sexually violent offense, between October 1, 1988, and June 30, 1999,
where the victim of such offense was, at the time of the offense, under
eighteen years of age and related to such person within any of the
degrees of kindred specified in section 46b-21; (4) has been convicted
or found not guilty by reason of mental disease or defect of a violation
of section 53a-70b of the general statutes, revision of 1958, revised to
January 1, 2019, between October 1, 1988, and June 30, 1999; or (5) has
been convicted or found not guilty by reason of mental disease or
defect of any crime between October 1, 1988, and September 30, 1998,
which requires registration under sections 54-250 to 54-258a, inclusive,
as amended by this act, and (A) served no jail or prison time as a result
of such conviction or finding of not guilty by reason of mental disease Substitute House Bill No. 7396
Public Act No. 19-189 36 of 37
or defect, (B) has not been subsequently convicted or found not guilty
by reason of mental disease or defect of any crime which would
require registration under sections 54-250 to 54-258a, inclusive, as
amended by this act, and (C) has registered with the Department of
Emergency Services and Public Protection in accordance with sections
54-250 to 54-258a, inclusive, as amended by this act; may petition the
court to order the Department of Emergency Services and Public
Protection to restrict the dissemination of the registration information
to law enforcement purposes only and to not make such information
available for public access. Any person who files such a petition shall,
pursuant to subsection (b) of section 54-227, notify the Office of Victim
Services and the Victim Services Unit within the Department of
Correction of the filing of such petition. The Office of Victim Services
or the Victim Services Unit within the Department of Correction, or
both, shall, pursuant to section 54-230 or 54-230a, notify any victim
who has requested notification pursuant to subsection (b) of section 54-
228 of the filing of such petition. Prior to granting or denying such
petition, the court shall consider any information or statements
provided by the victim. The court may order the Department of
Emergency Services and Public Protection to restrict the dissemination
of the registration information to law enforcement purposes only and
to not make such information available for public access, provided the
court finds that dissemination of the registration information is not
required for public safety.
Sec. 42. Subsection (a) of section 54-260 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) For the purposes of this section, "sexual offender" means any
person convicted of a violation of section 53a-70b of the general
statutes, revision of 1958, revised to January 1, 2019, or subdivision (2)
of section 53-21 of the general statutes in effect prior to October 1, 2000, Substitute House Bill No. 7396
Public Act No. 19-189 37 of 37
or subdivision (2) of subsection (a) of section 53-21, or section 53a-70,
53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b committed on or after
October 1, 1995.
Sec. 43. Subsection (j) of section 46b-38b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(j) The provisions of this section shall not apply to persons who are
(1) attending an institution of higher education and presently residing
together in on-campus housing [, provided such persons are not in a
dating relationship, and] or in off-campus housing that is owned,
managed or operated by the institution of higher education or its
agent, provided such persons are not family or household members as
defined in subparagraph (A), (B), (C), (E) or (F) of subdivision (2) of
section 46b-38a, or (2) presently residing in a dwelling unit, as defined
in section 47a-1, and making payments pursuant to a rental agreement,
as defined in section 47a-1, provided such persons are not [in a dating
relationship] family or household members as defined in
subparagraph (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-
38a.
Sec. 44. Section 53a-70b of the general statutes is repealed. (Effective
October 1, 2019)