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General Assembly Raised Bill No. 7399
January Session, 2019
LCO No. 6617
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING LE GAL PROTECTIONS FOR THE VICTIMS OF
HUMAN TRAFFICKING AN D THE PROTECTION OF MINORS FROM
CYBER EXPLOITATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 46a-170 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 2
1, 2019): 3
(b) The council shall consist of the following members: (1) The Chief 4
State's Attorney, or a designee; (2) the Chief Public Defender, or a 5
designee; (3) the Commissioner of Emergency Services and Public 6
Protection, or the commissioner's designee; (4) the Labor 7
Commissioner, or the commissioner's designee; (5) the Commissioner 8
of Social Services, or the commissioner's designee; (6) the 9
Commissioner of Public Health, or the commissioner's designee; (7) the 10
Commissioner of Mental Health and Addiction Services, or the 11
commissioner's designee; (8) the Commissioner of Children and 12
Families, or the commissioner's designee; (9) the Commissioner of 13
Consumer Protection, or the commissioner's designee; (10) the director 14 Raised Bill No. 7399
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of the Basic Training Division of the Police Officer Standards and 15
Training Council, or the director's designee; (11) the Child Advocate, 16
or the Child Advocate's designee; (12) the Victim Advocate, or the 17
Victim Advocate's designee; (13) the chairperson of the Commission 18
on Women, Children and Seniors or the chairperson's designee; (14) 19
one representative of the Office of Victim Services of the Judicial 20
Branch appointed by the Chief Court Administrator; (15) a municipal 21
police chief appointed by the Connecticut Police Chiefs Association, or 22
a designee; (16) the Commissioner of Education, or the commissioner's 23
designee; (17) an adult victim of trafficking, appointed by the 24
Governor; [and (18) ten] (18) a judge of the Superior Court appointed 25
by the Chief Court Administrator; (19) a state's attorney appointed by 26
the Chief State's Attorney; (20) a public defender appointed by the 27
Chief Public Defender; and (21) twelve public members appointed as 28
follows: The Governor shall appoint two members, one of whom shall 29
represent victims of commercial exploitation of children and one of 30
whom shall represent sex trafficking victims who are children, the 31
president pro tempore of the Senate shall appoint two members, one of 32
whom shall represent the Connecticut Alliance to End Sexual Violence 33
and one of whom shall represent an organization that provides civil 34
legal services to low-income individuals, the speaker of the House of 35
Representatives shall appoint two members, one of whom shall 36
represent the Connecticut Coalition Against Domestic Violence and 37
one of whom shall represent the Connecticut Lodging Association, the 38
majority leader of the Senate shall appoint [one member who] two 39
members, one of whom shall represent an organization that deals with 40
behavioral health needs of women and children and one of whom shall 41
represent the Connecticut Coalition to End Homelessness, the majority 42
leader of the House of Representatives shall appoint [one member 43
who] two members, one of whom shall represent an organization that 44
advocates on social justice and human rights issues and one of whom 45
shall represent the Connecticut Criminal Defense Lawyers Association, 46
the minority leader of the Senate shall appoint one member who shall 47
represent the Connecticut Immigrant and Refugee Coalition, and the 48
minority leader of the House of Representatives shall appoint one 49 Raised Bill No. 7399
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member who shall represent the Motor Transport Association of 50
Connecticut, Inc. 51
Sec. 2. Section 52-146k of the general statutes is repealed and the 52
following is substituted in lieu thereof (Effective October 1, 2019): 53
(a) As used in this section: 54
(1) "Child anti-trafficking agency" means any office, shelter or 55
agency offering assistance to victims of child trafficking through crisis 56
intervention, advocacy and counseling, which meets the Department 57
of Children and Families criteria of service provision for such agencies. 58
(2) "Child anti-trafficking counselor" means any person engaged in a 59
child anti-trafficking agency (A) who has undergone a minimum of 60
forty hours of training which shall include, but not be limited to, the 61
dynamics of human trafficking, crisis intervention, child and 62
adolescent brain development, working with diverse populations, an 63
overview of the state criminal justice system and information about 64
state and community resources for victims of child trafficking, (B) who 65
is certified as a counselor by the child anti-trafficking agency that 66
provided such training, (C) who is under the control of a direct service 67
supervisor of a child anti-trafficking agency, and (D) whose primary 68
purpose is the rendering of advice, counsel and assistance to victims of 69
child trafficking to address a mental, physical or emotional condition 70
caused by human trafficking, and to provide advocacy and support for 71
the elimination of child trafficking. 72
[(1)] (3) "Domestic violence agency" means any office, shelter, host 73
home or agency offering assistance to victims of domestic violence 74
through crisis intervention, emergency shelter referral and medical 75
and legal advocacy, and which meets the Department of Social 76
Services criteria of service provision for such agencies. 77
[(2)] (4) "Domestic violence counselor" means any person engaged 78
in a domestic violence agency (A) who has undergone a minimum of 79
twenty hours of training which shall include, but not be limited to, the 80 Raised Bill No. 7399
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dynamics of domestic violence, crisis intervention, communication 81
skills, working with diverse populations, an overview of the state 82
criminal justice system and information about state and community 83
resources for victims of domestic violence, (B) who is certified as a 84
counselor by the domestic violence agency that provided such 85
training, (C) who is under the control of a direct service supervisor of a 86
domestic violence agency, and (D) whose primary purpose is the 87
rendering of advice, counsel and assistance to, and the advocacy of the 88
cause of, victims of domestic violence. 89
[(3)] (5) "Confidential communication" means information 90
transmitted between a victim of domestic violence, [or] a victim of a 91
sexual assault or a victim of child trafficking and a domestic violence 92
counselor, [or] a sexual assault counselor or a child anti-trafficking 93
counselor in the course of that relationship and in confidence by a 94
means which, so far as the victim is aware, does not disclose the 95
information to a third person other than any person who is present to 96
further the interests of the victim in the consultation or any person to 97
whom disclosure is reasonably necessary for the transmission of the 98
information or for the accomplishment of the purposes for which such 99
counselor is consulted, and includes all information received by, and 100
any advice, report or working paper given or made by, such counselor 101
in the course of the relationship with the victim. 102
[(4)] (6) "Rape crisis center" means any office, institution or center 103
offering assistance to victims of sexual assault and their families 104
through crisis intervention, medical and legal advocacy and follow-up 105
counseling. 106
[(5)] (7) "Sexual assault counselor" means (A) any person engaged in 107
a rape crisis center who (i) has undergone a minimum of twenty hours 108
of training which shall include, but not be limited to, the dynamics of 109
sexual assault and incest, crisis intervention, communication skills, 110
working with diverse populations, an overview of the state criminal 111
justice system, information about hospital and medical systems and 112
information about state and community resources for sexual assault 113 Raised Bill No. 7399
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victims, (ii) is certified as a counselor by the sexual assault center 114
which has provided such training, (iii) is under the control of a direct 115
services supervisor of a rape crisis center, and (iv) whose primary 116
purpose is the rendering of advice, counseling and assistance to, and 117
the advocacy of the cause of, victims of sexual assault, or (B) any 118
member of the armed forces of the state or the United States who is 119
trained and certified as a victim advocate or a sexual assault 120
prevention coordinator in accordance with the military's sexual assault 121
prevention and response program. 122
[(6)] (8) "Victim" means any person who consults a domestic 123
violence counselor or a sexual assault counselor for the purpose of 124
securing advice, counseling or assistance concerning a mental, physical 125
or emotional condition caused by domestic violence or a sexual 126
assault. 127
(9) "Victim of child trafficking" means any person under the age of 128
eighteen who consults a child anti-trafficking counselor who (A) has 129
been subjected to trafficking in persons as described in section 53a-130
192a, or (B) is a victim of trafficking as defined in 22 USC 7102. 131
(b) On or after October 1, 1983, a domestic violence counselor or a 132
sexual assault counselor shall not disclose any confidential 133
communications made to such counselor at any time by a victim in any 134
civil or criminal case or proceeding or in any legislative or 135
administrative proceeding unless the victim making the confidential 136
communications waives the privilege, provided under no 137
circumstances shall the location of the domestic violence agency or 138
rape crisis center or the identity of the domestic violence counselor or 139
sexual assault counselor be disclosed in any civil or criminal 140
proceeding. Any request made on or after October 1, 1983, by the 141
defendant or the state for such confidential communications shall be 142
subject to the provisions of this subsection. 143
(c) Except as provided in this subsection, a child anti-trafficking 144
counselor shall not disclose any confidential communications made to 145 Raised Bill No. 7399
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such counselor at any time by a victim of child trafficking in any civil 146
or criminal case or proceeding or in any legislative or administrative 147
proceeding. A child anti-trafficking counselor may disclose 148
confidential communications made to such counselor to counsel of 149
record for a victim of child trafficking in a delinquency proceeding or a 150
criminal prosecution on the regular criminal docket of the Superior 151
Court when required by law. Any provision of documents to counsel 152
of record for a victim of child trafficking shall not otherwise negate the 153
confidentiality provided in this subsection. 154
[(c)] (d) When a victim or a victim of child trafficking is deceased or 155
has been adjudged incompetent by a court of competent jurisdiction, 156
the guardian of the victim or victim of child trafficking or the executor 157
or administrator of the estate of the victim or victim of child trafficking 158
may waive the privilege established by this section. 159
[(d)] (e) A minor may knowingly waive the privilege established by 160
this section. In any instance where the minor is, in the opinion of the 161
court, incapable of knowingly waiving the privilege, the parent or 162
guardian of the minor may waive the privilege on behalf of the minor, 163
provided the parent or guardian is not the defendant and does not 164
have a relationship with the defendant such that the parent or 165
guardian has an interest in the outcome of the proceeding. 166
[(e)] (f) The privilege established by this section shall not apply: (1) 167
In matters of proof concerning chain of custody of evidence; (2) in 168
matters of proof concerning the physical appearance of the victim or 169
victim of child trafficking at the time of the injury; or (3) where the 170
domestic violence counselor, [or] sexual assault counselor or child anti-171
trafficking counselor has knowledge that the victim or victim of child 172
trafficking has given perjured testimony and the defendant or the state 173
has made an offer of proof that perjury may have been committed by 174
the victim or victim of child trafficking. 175
[(f)] (g) The failure of any party to testify as a witness pursuant to 176
the provisions of this section shall not result in an inference 177 Raised Bill No. 7399
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unfavorable to the state's cause or to the cause of the defendant. 178
Sec. 3. Subsection (b) of section 17a-101 of the general statutes is 179
repealed and the following is substituted in lieu thereof (Effective 180
October 1, 2019): 181
(b) The following persons shall be mandated reporters: (1) Any 182
physician or surgeon licensed under the provisions of chapter 370, (2) 183
any resident physician or intern in any hospital in this state, whether 184
or not so licensed, (3) any registered nurse, (4) any licensed practical 185
nurse, (5) any medical examiner, (6) any dentist, (7) any dental 186
hygienist, (8) any psychologist, (9) any school employee, as defined in 187
section 53a-65, (10) any social worker, (11) any person who holds or is 188
issued a coaching permit by the State Board of Education, is a coach of 189
intramural or interscholastic athletics and is eighteen years of age or 190
older, (12) any individual who is employed as a coach or director of 191
youth athletics and is eighteen years of age or older, (13) any 192
individual who is employed as a coach or director of a private youth 193
sports organization, league or team and is eighteen years of age or 194
older, (14) any paid administrator, faculty, staff, athletic director, 195
athletic coach or athletic trainer employed by a public or private 196
institution of higher education who is eighteen years of age or older, 197
excluding student employees, (15) any police officer, (16) any juvenile 198
or adult probation officer, (17) any juvenile or adult parole officer, (18) 199
any member of the clergy, (19) any pharmacist, (20) any physical 200
therapist, (21) any optometrist, (22) any chiropractor, (23) any 201
podiatrist, (24) any mental health professional, (25) any physician 202
assistant, (26) any person who is a licensed or certified emergency 203
medical services provider, (27) any person who is a licensed or 204
certified alcohol and drug counselor, (28) any person who is a licensed 205
marital and family therapist, (29) any person who is a sexual assault 206
counselor, [or] a domestic violence counselor or a child anti-trafficking 207
counselor, as such terms are defined in section 52-146k, as amended by 208
this act, (30) any person who is a licensed professional counselor, (31) 209
any person who is a licensed foster parent, (32) any person paid to care 210
for a child in any public or private facility, child care center, group 211 Raised Bill No. 7399
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child care home or family child care home licensed by the state, (33) 212
any employee of the Department of Children and Families, (34) any 213
employee of the Department of Public Health, (35) any employee of the 214
Office of Early Childhood who is responsible for the licensing of child 215
care centers, group child care homes, family child care homes or youth 216
camps, (36) any paid youth camp director or assistant director, (37) the 217
Child Advocate and any employee of the Office of the Child Advocate, 218
(38) any person who is a licensed behavior analyst, and (39) any family 219
relations counselor, family relations counselor trainee or family 220
services supervisor employed by the Judicial Department. 221
Sec. 4. Subsection (c) of section 20-195bb of the general statutes is 222
repealed and the following is substituted in lieu thereof (Effective 223
October 1, 2019): 224
(c) No license as a professional counselor shall be required of the 225
following: (1) A person who furnishes uncompensated assistance in an 226
emergency; (2) a clergyman, priest, minister, rabbi or practitioner of 227
any religious denomination accredited by the religious body to which 228
the person belongs and settled in the work of the ministry, provided 229
the activities that would otherwise require a license as a professional 230
counselor are within the scope of ministerial duties; (3) a sexual assault 231
counselor or a child anti-trafficking counselor, as such terms are 232
defined in section 52-146k, as amended by this act; (4) a person 233
participating in uncompensated group or individual counseling; (5) a 234
person with a master's degree in a health-related or human services-235
related field employed by a hospital, as defined in subsection (b) of 236
section 19a-490, performing services in accordance with section 20-237
195aa under the supervision of a person licensed by the state in one of 238
the professions identified in clauses (i) to (vii), inclusive, of 239
subparagraph (C) of subdivision (1) of subsection (a) of section 20-240
195dd; (6) a person licensed or certified by any agency of this state and 241
performing services within the scope of practice for which licensed or 242
certified; (7) a student, intern or trainee pursuing a course of study in 243
counseling in a regionally accredited institution of higher education, 244
provided the activities that would otherwise require a license as a 245 Raised Bill No. 7399
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professional counselor are performed under supervision and constitute 246
a part of a supervised course of study; (8) a person employed by an 247
institution of higher education to provide academic counseling in 248
conjunction with the institution's programs and services; (9) a 249
vocational rehabilitation counselor, job counselor, credit counselor, 250
consumer counselor or any other counselor or psychoanalyst who does 251
not purport to be a counselor whose primary service is the application 252
of established principles of psycho-social development and behavioral 253
science to the evaluation, assessment, analysis and treatment of 254
emotional, behavioral or interpersonal dysfunction or difficulties that 255
interfere with mental health and human development; or (10) a person 256
who earned a degree in accordance with the requirements of 257
subdivision (2) of subsection (a) of section 20-195dd, provided (A) the 258
activities performed and services provided by such person constitute 259
part of the supervised experience required for licensure under 260
subdivision (3) of subsection (a) of said section, and (B) not later than 261
two years after completion of such supervised experience, the 262
exemption to the licensure requirement shall cease if the person did 263
not successfully complete the licensing examination, as required under 264
subdivision (4) of subsection (a) of said section. 265
Sec. 5. Subsection (a) of section 46a-11b of the general statutes is 266
repealed and the following is substituted in lieu thereof (Effective 267
October 1, 2019): 268
(a) Any physician or surgeon licensed under the provisions of 269
chapter 370, any resident physician or intern in any hospital in this 270
state, whether or not so licensed, any registered nurse, any person paid 271
for caring for persons in any facility and any licensed practical nurse, 272
medical examiner, dental hygienist, dentist, occupational therapist, 273
optometrist, chiropractor, psychologist, podiatrist, social worker, 274
school teacher, school principal, school guidance counselor, school 275
counselor, school paraprofessional, licensed behavior analyst, mental 276
health professional, physician assistant, licensed or certified substance 277
abuse counselor, licensed marital and family therapist, speech and 278
language pathologist, clergyman, police officer, pharmacist, physical 279 Raised Bill No. 7399
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therapist, licensed professional counselor, [or] sexual assault counselor 280
as defined in section 52-146k, as amended by this act, [or] domestic 281
violence counselor [,] as defined in section 52-146k, as amended by this 282
act, or a child anti-trafficking counselor as defined in section 52-146k, 283
as amended by this act, who has reasonable cause to suspect or believe 284
that any person with intellectual disability or any person who receives 285
services from the Department of Social Services' Division of Autism 286
Spectrum Disorder Services has been abused or neglected shall, as 287
soon as practicable but not later than forty-eight hours after such 288
person has reasonable cause to suspect or believe that a person with 289
intellectual disability or any person who receives services from the 290
Department of Social Services' Division of Autism Spectrum Disorder 291
Services has been abused or neglected, report such information or 292
cause a report to be made in any reasonable manner to the 293
commissioner, or the commissioner's designee. An unsuccessful 294
attempt to make an initial report to the commissioner, or the 295
commissioner's designee, on a weekend, holiday or after normal 296
business hours shall not be construed as a violation of this section if 297
reasonable attempts are made by a person required to report under 298
this subsection to reach the commissioner, or the commissioner's 299
designee, as soon as practicable after the initial attempt. The initial 300
report shall be followed up by a written report not later than five 301
calendar days after the initial report was made. Any person required to 302
report under this subsection who fails to make such report shall be 303
fined not more than five hundred dollars. For purposes of this 304
subsection, "reasonable manner" and "reasonable attempts" mean 305
efforts that include, but are not limited to, efforts to reach the 306
commissioner, or the commissioner's designee, by phone, in person or 307
by electronic mail. 308
Sec. 6. Subdivision (6) of section 54-203 of the general statutes is 309
repealed and the following is substituted in lieu thereof (Effective 310
October 1, 2019): 311
(6) To provide each person who applies for compensation pursuant 312
to section 54-204, within ten days of the date of receipt of such 313 Raised Bill No. 7399
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application, with a written list of rights of victims of crime involving 314
personal injury and the programs available in this state to assist such 315
victims. The Office of Victim Services, the state or any agent, employee 316
or officer thereof shall not be liable for the failure to supply such list or 317
any alleged inadequacies of such list. Such list shall include, but not be 318
limited to: 319
(A) Subject to the provisions of sections 18-81e and 51-286e, the 320
victim shall have the right to be informed concerning the status of his 321
or her case and to be informed of the release from custody of the 322
defendant; 323
(B) Subject to the provisions of section 54-91c, the victim shall have 324
the right to present a statement of his or her losses, injuries and wishes 325
to the prosecutor and the court prior to the acceptance by the court of a 326
plea of guilty or nolo contendere made pursuant to a plea agreement 327
with the state wherein the defendant pleads to a lesser offense than the 328
offense with which the defendant was originally charged; 329
(C) Subject to the provisions of section 54-91c, prior to the 330
imposition of sentence upon the defendant, the victim shall have the 331
right to submit a statement to the prosecutor as to the extent of any 332
injuries, financial losses and loss of earnings directly resulting from the 333
crime. Upon receipt of the statement, the prosecutor shall file the 334
statement with the sentencing court and the statement shall be made a 335
part of the record and considered by the court at the sentencing 336
hearing; 337
(D) Subject to the provisions of section 54-126a, the victim shall have 338
the right to appear before a panel of the Board of Pardons and Paroles 339
and make a statement as to whether the defendant should be released 340
on parole and any terms or conditions to be imposed upon any such 341
release; 342
(E) Subject to the provisions of section 54-36a, the victim shall have 343
the right to have any property the victim owns which was seized by 344
police in connection with an arrest to be returned; 345 Raised Bill No. 7399
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(F) Subject to the provisions of sections 54-56e and 54-142c, the 346
victim shall have the right to be notified of the application by the 347
defendant for the pretrial program for accelerated rehabilitation and to 348
obtain from the court information as to whether the criminal 349
prosecution in the case has been dismissed; 350
(G) Subject to the provisions of section 54-85b, the victim cannot be 351
fired, harassed or otherwise retaliated against by an employer for 352
appearing under a subpoena as a witness in any criminal prosecution; 353
(H) Subject to the provisions of section 54-86g, the parent or legal 354
guardian of a child twelve years of age or younger who is a victim of 355
child abuse or sexual assault may request special procedural 356
considerations to be taken during the testimony of the child; 357
(I) Subject to the provisions of section 46b-15, the victim of assault 358
by a spouse or former spouse, family or household member has the 359
right to request the arrest of the offender, request a protective order 360
and apply for a restraining order; 361
(J) Subject to the provisions of sections 52-146k, as amended by this 362
act, 54-86e and 54-86f, the victim of sexual assault or domestic violence 363
or a victim of child trafficking can expect certain records to remain 364
confidential; and 365
(K) Subject to the provisions of section 53a-32, the victim and any 366
victim advocate assigned to assist the victim may receive notification 367
from a probation officer whenever the officer has notified a police 368
officer that the probation officer has probable cause to believe that the 369
offender has violated a condition of such offender's probation; 370
Sec. 7. Subsection (d) of section 54-209 of the general statutes is 371
repealed and the following is substituted in lieu thereof (Effective 372
October 1, 2019): 373
(d) In instances where a violation of section 53-21, 53a-70, 53a-70a, 374
53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82 or 53a-192a 375 Raised Bill No. 7399
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has been alleged, the Office of Victim Services or, on review, a victim 376
compensation commissioner, may order compensation be paid if (1) 377
the personal injury has been disclosed to: (A) A physician or surgeon 378
licensed under chapter 370; (B) a resident physician or intern in any 379
hospital in this state, whether or not licensed; (C) a physician assistant 380
licensed under chapter 370; (D) an advanced practice registered nurse, 381
registered nurse or practical nurse licensed under chapter 378; (E) a 382
psychologist licensed under chapter 383; (F) a police officer; (G) a 383
mental health professional; (H) an emergency medical services 384
provider licensed or certified under chapter 368d; (I) an alcohol and 385
drug counselor licensed or certified under chapter 376b; (J) a marital 386
and family therapist licensed under chapter 383a; (K) a domestic 387
violence counselor, [or] a sexual assault counselor or a child anti-388
trafficking counselor, as defined in section 52-146k, as amended by this 389
act; (L) a professional counselor licensed under chapter 383c; (M) a 390
clinical social worker licensed under chapter 383b; (N) an employee of 391
the Department of Children and Families; or (O) a school principal, a 392
school teacher, a school guidance counselor or a school counselor, and 393
(2) the office or commissioner, as the case may be, reasonably 394
concludes that a violation of any of said sections has occurred. 395
Sec. 8. Subsection (a) of section 54-47a of the general statutes is 396
repealed and the following is substituted in lieu thereof (Effective 397
October 1, 2019): 398
(a) Whenever in the judgment of the Chief State's Attorney, a state's 399
attorney or the deputy chief state's attorney, the testimony of any 400
witness or the production of books, papers or other evidence of any 401
witness (1) in any criminal proceeding involving narcotics, arson, 402
bribery, gambling, election law violations, felonious crimes of violence, 403
any violation which is an offense under the provisions of title 22a, 404
corruption in the executive, legislative or judicial branch of state 405
government or in the government of any political subdivision of the 406
state, fraud by a vendor of goods or services in the medical assistance 407
program under Title XIX of the Social Security Act amendments of 408
1965, as amended, any violation of chapter 949c, or any other class A, B 409 Raised Bill No. 7399
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or C felony or unclassified felony punishable by a term of 410
imprisonment in excess of five years for which the Chief State's 411
Attorney or state's attorney demonstrates that he has no other means 412
of obtaining sufficient information as to whether a crime has been 413
committed or the identity of the person or persons who may have 414
committed a crime, before a court or grand jury of this state, [or] (2) in 415
any investigation conducted by an investigatory grand jury as 416
provided in sections 54-47b to 54-47g, inclusive, or (3) in any 417
delinquency proceeding, is necessary to the public interest, the Chief 418
State's Attorney, the state's attorney, or the deputy chief state's 419
attorney, may, with notice to the witness, after the witness has claimed 420
his privilege against self-incrimination, make application to the court 421
for an order directing the witness to testify or produce evidence subject 422
to the provisions of this section. 423
Sec. 9. (NEW) (Effective October 1, 2019) In any prosecution for an 424
offense under title 53a of the general statutes or in any delinquency 425
proceeding, it shall be an affirmative defense that the actor's 426
participation in the offense occurred while he or she was a minor and 427
was a result of having been a victim of conduct of another person that 428
constitutes (1) a violation of section 53a-192a of the general statutes, or 429
(2) a criminal violation of 18 USC 77, as amended from time to time. 430
Sec. 10. Section 53a-83b of the general statutes is repealed and the 431
following is substituted in lieu thereof (Effective October 1, 2019): 432
(a) A person is guilty of commercial sexual abuse of a minor when: 433
(1) Such person pays a fee to a minor or third person as compensation 434
for a minor having engaged in sexual conduct with such person; (2) 435
such person pays or agrees to pay a fee to a minor or a third person 436
pursuant to an understanding that in return for such fee the minor will 437
engage in sexual conduct with such person; or (3) such person solicits 438
or requests to engage in sexual conduct with a minor, or any other 439
person that such person reasonably believes to be a minor, in return 440
for a fee. 441 Raised Bill No. 7399
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(b) Except as provided in subsection (c) of this section, commercial 442
sexual abuse of a minor is a class B felony. 443
(c) Commercial sexual abuse of a minor is a class A felony if the 444
minor has not attained fifteen years of age. 445
(d) For purposes of this section, "minor" means a person who has 446
not attained eighteen years of age, "sexual conduct" may include 447
sexual conduct using an interactive computer service, "interactive 448
computer service" has the same meaning as provided in section 53a-449
90a. 450
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 46a-170(b)
Sec. 2 October 1, 2019 52-146k
Sec. 3 October 1, 2019 17a-101(b)
Sec. 4 October 1, 2019 20-195bb(c)
Sec. 5 October 1, 2019 46a-11b(a)
Sec. 6 October 1, 2019 54-203(6)
Sec. 7 October 1, 2019 54-209(d)
Sec. 8 October 1, 2019 54-47a(a)
Sec. 9 October 1, 2019 New section
Sec. 10 October 1, 2019 53a-83b
Statement of Purpose:
To: (1) Provide greater legal protections for the victims of human
trafficking; and (2) include online or Internet-based sexual conduct
with a minor paid for by another person as a form of sexual abuse of a
minor.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]