Connecticut 2019 Regular Session

Connecticut House Bill HB07399 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 6617 1 of 15
4	4
5	5	General Assembly Raised Bill No. 7399
6	6	January Session, 2019
7	7	LCO No. 6617
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING LE GAL PROTECTIONS FOR THE VICTIMS OF
20	20	HUMAN TRAFFICKING AN D THE PROTECTION OF MINORS FROM
21	21	CYBER EXPLOITATION.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Subsection (b) of section 46a-170 of the general statutes is 1
26	26	repealed and the following is substituted in lieu thereof (Effective July 2
27	27	1, 2019): 3
28	28	(b) The council shall consist of the following members: (1) The Chief 4
29	29	State's Attorney, or a designee; (2) the Chief Public Defender, or a 5
30	30	designee; (3) the Commissioner of Emergency Services and Public 6
31	31	Protection, or the commissioner's designee; (4) the Labor 7
32	32	Commissioner, or the commissioner's designee; (5) the Commissioner 8
33	33	of Social Services, or the commissioner's designee; (6) the 9
34	34	Commissioner of Public Health, or the commissioner's designee; (7) the 10
35	35	Commissioner of Mental Health and Addiction Services, or the 11
36	36	commissioner's designee; (8) the Commissioner of Children and 12
37	37	Families, or the commissioner's designee; (9) the Commissioner of 13
38	38	Consumer Protection, or the commissioner's designee; (10) the director 14 Raised Bill No. 7399
39	39
40	40
41	41
42	42	LCO No. 6617 2 of 15
43	43
44	44	of the Basic Training Division of the Police Officer Standards and 15
45	45	Training Council, or the director's designee; (11) the Child Advocate, 16
46	46	or the Child Advocate's designee; (12) the Victim Advocate, or the 17
47	47	Victim Advocate's designee; (13) the chairperson of the Commission 18
48	48	on Women, Children and Seniors or the chairperson's designee; (14) 19
49	49	one representative of the Office of Victim Services of the Judicial 20
50	50	Branch appointed by the Chief Court Administrator; (15) a municipal 21
51	51	police chief appointed by the Connecticut Police Chiefs Association, or 22
52	52	a designee; (16) the Commissioner of Education, or the commissioner's 23
53	53	designee; (17) an adult victim of trafficking, appointed by the 24
54	54	Governor; [and (18) ten] (18) a judge of the Superior Court appointed 25
55	55	by the Chief Court Administrator; (19) a state's attorney appointed by 26
56	56	the Chief State's Attorney; (20) a public defender appointed by the 27
57	57	Chief Public Defender; and (21) twelve public members appointed as 28
58	58	follows: The Governor shall appoint two members, one of whom shall 29
59	59	represent victims of commercial exploitation of children and one of 30
60	60	whom shall represent sex trafficking victims who are children, the 31
61	61	president pro tempore of the Senate shall appoint two members, one of 32
62	62	whom shall represent the Connecticut Alliance to End Sexual Violence 33
63	63	and one of whom shall represent an organization that provides civil 34
64	64	legal services to low-income individuals, the speaker of the House of 35
65	65	Representatives shall appoint two members, one of whom shall 36
66	66	represent the Connecticut Coalition Against Domestic Violence and 37
67	67	one of whom shall represent the Connecticut Lodging Association, the 38
68	68	majority leader of the Senate shall appoint [one member who] two 39
69	69	members, one of whom shall represent an organization that deals with 40
70	70	behavioral health needs of women and children and one of whom shall 41
71	71	represent the Connecticut Coalition to End Homelessness, the majority 42
72	72	leader of the House of Representatives shall appoint [one member 43
73	73	who] two members, one of whom shall represent an organization that 44
74	74	advocates on social justice and human rights issues and one of whom 45
75	75	shall represent the Connecticut Criminal Defense Lawyers Association, 46
76	76	the minority leader of the Senate shall appoint one member who shall 47
77	77	represent the Connecticut Immigrant and Refugee Coalition, and the 48
78	78	minority leader of the House of Representatives shall appoint one 49 Raised Bill No. 7399
79	79
80	80
81	81
82	82	LCO No. 6617 3 of 15
83	83
84	84	member who shall represent the Motor Transport Association of 50
85	85	Connecticut, Inc. 51
86	86	Sec. 2. Section 52-146k of the general statutes is repealed and the 52
87	87	following is substituted in lieu thereof (Effective October 1, 2019): 53
88	88	(a) As used in this section: 54
89	89	(1) "Child anti-trafficking agency" means any office, shelter or 55
90	90	agency offering assistance to victims of child trafficking through crisis 56
91	91	intervention, advocacy and counseling, which meets the Department 57
92	92	of Children and Families criteria of service provision for such agencies. 58
93	93	(2) "Child anti-trafficking counselor" means any person engaged in a 59
94	94	child anti-trafficking agency (A) who has undergone a minimum of 60
95	95	forty hours of training which shall include, but not be limited to, the 61
96	96	dynamics of human trafficking, crisis intervention, child and 62
97	97	adolescent brain development, working with diverse populations, an 63
98	98	overview of the state criminal justice system and information about 64
99	99	state and community resources for victims of child trafficking, (B) who 65
100	100	is certified as a counselor by the child anti-trafficking agency that 66
101	101	provided such training, (C) who is under the control of a direct service 67
102	102	supervisor of a child anti-trafficking agency, and (D) whose primary 68
103	103	purpose is the rendering of advice, counsel and assistance to victims of 69
104	104	child trafficking to address a mental, physical or emotional condition 70
105	105	caused by human trafficking, and to provide advocacy and support for 71
106	106	the elimination of child trafficking. 72
107	107	[(1)] (3) "Domestic violence agency" means any office, shelter, host 73
108	108	home or agency offering assistance to victims of domestic violence 74
109	109	through crisis intervention, emergency shelter referral and medical 75
110	110	and legal advocacy, and which meets the Department of Social 76
111	111	Services criteria of service provision for such agencies. 77
112	112	[(2)] (4) "Domestic violence counselor" means any person engaged 78
113	113	in a domestic violence agency (A) who has undergone a minimum of 79
114	114	twenty hours of training which shall include, but not be limited to, the 80 Raised Bill No. 7399
115	115
116	116
117	117
118	118	LCO No. 6617 4 of 15
119	119
120	120	dynamics of domestic violence, crisis intervention, communication 81
121	121	skills, working with diverse populations, an overview of the state 82
122	122	criminal justice system and information about state and community 83
123	123	resources for victims of domestic violence, (B) who is certified as a 84
124	124	counselor by the domestic violence agency that provided such 85
125	125	training, (C) who is under the control of a direct service supervisor of a 86
126	126	domestic violence agency, and (D) whose primary purpose is the 87
127	127	rendering of advice, counsel and assistance to, and the advocacy of the 88
128	128	cause of, victims of domestic violence. 89
129	129	[(3)] (5) "Confidential communication" means information 90
130	130	transmitted between a victim of domestic violence, [or] a victim of a 91
131	131	sexual assault or a victim of child trafficking and a domestic violence 92
132	132	counselor, [or] a sexual assault counselor or a child anti-trafficking 93
133	133	counselor in the course of that relationship and in confidence by a 94
134	134	means which, so far as the victim is aware, does not disclose the 95
135	135	information to a third person other than any person who is present to 96
136	136	further the interests of the victim in the consultation or any person to 97
137	137	whom disclosure is reasonably necessary for the transmission of the 98
138	138	information or for the accomplishment of the purposes for which such 99
139	139	counselor is consulted, and includes all information received by, and 100
140	140	any advice, report or working paper given or made by, such counselor 101
141	141	in the course of the relationship with the victim. 102
142	142	[(4)] (6) "Rape crisis center" means any office, institution or center 103
143	143	offering assistance to victims of sexual assault and their families 104
144	144	through crisis intervention, medical and legal advocacy and follow-up 105
145	145	counseling. 106
146	146	[(5)] (7) "Sexual assault counselor" means (A) any person engaged in 107
147	147	a rape crisis center who (i) has undergone a minimum of twenty hours 108
148	148	of training which shall include, but not be limited to, the dynamics of 109
149	149	sexual assault and incest, crisis intervention, communication skills, 110
150	150	working with diverse populations, an overview of the state criminal 111
151	151	justice system, information about hospital and medical systems and 112
152	152	information about state and community resources for sexual assault 113 Raised Bill No. 7399
153	153
154	154
155	155
156	156	LCO No. 6617 5 of 15
157	157
158	158	victims, (ii) is certified as a counselor by the sexual assault center 114
159	159	which has provided such training, (iii) is under the control of a direct 115
160	160	services supervisor of a rape crisis center, and (iv) whose primary 116
161	161	purpose is the rendering of advice, counseling and assistance to, and 117
162	162	the advocacy of the cause of, victims of sexual assault, or (B) any 118
163	163	member of the armed forces of the state or the United States who is 119
164	164	trained and certified as a victim advocate or a sexual assault 120
165	165	prevention coordinator in accordance with the military's sexual assault 121
166	166	prevention and response program. 122
167	167	[(6)] (8) "Victim" means any person who consults a domestic 123
168	168	violence counselor or a sexual assault counselor for the purpose of 124
169	169	securing advice, counseling or assistance concerning a mental, physical 125
170	170	or emotional condition caused by domestic violence or a sexual 126
171	171	assault. 127
172	172	(9) "Victim of child trafficking" means any person under the age of 128
173	173	eighteen who consults a child anti-trafficking counselor who (A) has 129
174	174	been subjected to trafficking in persons as described in section 53a-130
175	175	192a, or (B) is a victim of trafficking as defined in 22 USC 7102. 131
176	176	(b) On or after October 1, 1983, a domestic violence counselor or a 132
177	177	sexual assault counselor shall not disclose any confidential 133
178	178	communications made to such counselor at any time by a victim in any 134
179	179	civil or criminal case or proceeding or in any legislative or 135
180	180	administrative proceeding unless the victim making the confidential 136
181	181	communications waives the privilege, provided under no 137
182	182	circumstances shall the location of the domestic violence agency or 138
183	183	rape crisis center or the identity of the domestic violence counselor or 139
184	184	sexual assault counselor be disclosed in any civil or criminal 140
185	185	proceeding. Any request made on or after October 1, 1983, by the 141
186	186	defendant or the state for such confidential communications shall be 142
187	187	subject to the provisions of this subsection. 143
188	188	(c) Except as provided in this subsection, a child anti-trafficking 144
189	189	counselor shall not disclose any confidential communications made to 145 Raised Bill No. 7399
190	190
191	191
192	192
193	193	LCO No. 6617 6 of 15
194	194
195	195	such counselor at any time by a victim of child trafficking in any civil 146
196	196	or criminal case or proceeding or in any legislative or administrative 147
197	197	proceeding. A child anti-trafficking counselor may disclose 148
198	198	confidential communications made to such counselor to counsel of 149
199	199	record for a victim of child trafficking in a delinquency proceeding or a 150
200	200	criminal prosecution on the regular criminal docket of the Superior 151
201	201	Court when required by law. Any provision of documents to counsel 152
202	202	of record for a victim of child trafficking shall not otherwise negate the 153
203	203	confidentiality provided in this subsection. 154
204	204	[(c)] (d) When a victim or a victim of child trafficking is deceased or 155
205	205	has been adjudged incompetent by a court of competent jurisdiction, 156
206	206	the guardian of the victim or victim of child trafficking or the executor 157
207	207	or administrator of the estate of the victim or victim of child trafficking 158
208	208	may waive the privilege established by this section. 159
209	209	[(d)] (e) A minor may knowingly waive the privilege established by 160
210	210	this section. In any instance where the minor is, in the opinion of the 161
211	211	court, incapable of knowingly waiving the privilege, the parent or 162
212	212	guardian of the minor may waive the privilege on behalf of the minor, 163
213	213	provided the parent or guardian is not the defendant and does not 164
214	214	have a relationship with the defendant such that the parent or 165
215	215	guardian has an interest in the outcome of the proceeding. 166
216	216	[(e)] (f) The privilege established by this section shall not apply: (1) 167
217	217	In matters of proof concerning chain of custody of evidence; (2) in 168
218	218	matters of proof concerning the physical appearance of the victim or 169
219	219	victim of child trafficking at the time of the injury; or (3) where the 170
220	220	domestic violence counselor, [or] sexual assault counselor or child anti-171
221	221	trafficking counselor has knowledge that the victim or victim of child 172
222	222	trafficking has given perjured testimony and the defendant or the state 173
223	223	has made an offer of proof that perjury may have been committed by 174
224	224	the victim or victim of child trafficking. 175
225	225	[(f)] (g) The failure of any party to testify as a witness pursuant to 176
226	226	the provisions of this section shall not result in an inference 177 Raised Bill No. 7399
227	227
228	228
229	229
230	230	LCO No. 6617 7 of 15
231	231
232	232	unfavorable to the state's cause or to the cause of the defendant. 178
233	233	Sec. 3. Subsection (b) of section 17a-101 of the general statutes is 179
234	234	repealed and the following is substituted in lieu thereof (Effective 180
235	235	October 1, 2019): 181
236	236	(b) The following persons shall be mandated reporters: (1) Any 182
237	237	physician or surgeon licensed under the provisions of chapter 370, (2) 183
238	238	any resident physician or intern in any hospital in this state, whether 184
239	239	or not so licensed, (3) any registered nurse, (4) any licensed practical 185
240	240	nurse, (5) any medical examiner, (6) any dentist, (7) any dental 186
241	241	hygienist, (8) any psychologist, (9) any school employee, as defined in 187
242	242	section 53a-65, (10) any social worker, (11) any person who holds or is 188
243	243	issued a coaching permit by the State Board of Education, is a coach of 189
244	244	intramural or interscholastic athletics and is eighteen years of age or 190
245	245	older, (12) any individual who is employed as a coach or director of 191
246	246	youth athletics and is eighteen years of age or older, (13) any 192
247	247	individual who is employed as a coach or director of a private youth 193
248	248	sports organization, league or team and is eighteen years of age or 194
249	249	older, (14) any paid administrator, faculty, staff, athletic director, 195
250	250	athletic coach or athletic trainer employed by a public or private 196
251	251	institution of higher education who is eighteen years of age or older, 197
252	252	excluding student employees, (15) any police officer, (16) any juvenile 198
253	253	or adult probation officer, (17) any juvenile or adult parole officer, (18) 199
254	254	any member of the clergy, (19) any pharmacist, (20) any physical 200
255	255	therapist, (21) any optometrist, (22) any chiropractor, (23) any 201
256	256	podiatrist, (24) any mental health professional, (25) any physician 202
257	257	assistant, (26) any person who is a licensed or certified emergency 203
258	258	medical services provider, (27) any person who is a licensed or 204
259	259	certified alcohol and drug counselor, (28) any person who is a licensed 205
260	260	marital and family therapist, (29) any person who is a sexual assault 206
261	261	counselor, [or] a domestic violence counselor or a child anti-trafficking 207
262	262	counselor, as such terms are defined in section 52-146k, as amended by 208
263	263	this act, (30) any person who is a licensed professional counselor, (31) 209
264	264	any person who is a licensed foster parent, (32) any person paid to care 210
265	265	for a child in any public or private facility, child care center, group 211 Raised Bill No. 7399
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267	267
268	268
269	269	LCO No. 6617 8 of 15
270	270
271	271	child care home or family child care home licensed by the state, (33) 212
272	272	any employee of the Department of Children and Families, (34) any 213
273	273	employee of the Department of Public Health, (35) any employee of the 214
274	274	Office of Early Childhood who is responsible for the licensing of child 215
275	275	care centers, group child care homes, family child care homes or youth 216
276	276	camps, (36) any paid youth camp director or assistant director, (37) the 217
277	277	Child Advocate and any employee of the Office of the Child Advocate, 218
278	278	(38) any person who is a licensed behavior analyst, and (39) any family 219
279	279	relations counselor, family relations counselor trainee or family 220
280	280	services supervisor employed by the Judicial Department. 221
281	281	Sec. 4. Subsection (c) of section 20-195bb of the general statutes is 222
282	282	repealed and the following is substituted in lieu thereof (Effective 223
283	283	October 1, 2019): 224
284	284	(c) No license as a professional counselor shall be required of the 225
285	285	following: (1) A person who furnishes uncompensated assistance in an 226
286	286	emergency; (2) a clergyman, priest, minister, rabbi or practitioner of 227
287	287	any religious denomination accredited by the religious body to which 228
288	288	the person belongs and settled in the work of the ministry, provided 229
289	289	the activities that would otherwise require a license as a professional 230
290	290	counselor are within the scope of ministerial duties; (3) a sexual assault 231
291	291	counselor or a child anti-trafficking counselor, as such terms are 232
292	292	defined in section 52-146k, as amended by this act; (4) a person 233
293	293	participating in uncompensated group or individual counseling; (5) a 234
294	294	person with a master's degree in a health-related or human services-235
295	295	related field employed by a hospital, as defined in subsection (b) of 236
296	296	section 19a-490, performing services in accordance with section 20-237
297	297	195aa under the supervision of a person licensed by the state in one of 238
298	298	the professions identified in clauses (i) to (vii), inclusive, of 239
299	299	subparagraph (C) of subdivision (1) of subsection (a) of section 20-240
300	300	195dd; (6) a person licensed or certified by any agency of this state and 241
301	301	performing services within the scope of practice for which licensed or 242
302	302	certified; (7) a student, intern or trainee pursuing a course of study in 243
303	303	counseling in a regionally accredited institution of higher education, 244
304	304	provided the activities that would otherwise require a license as a 245 Raised Bill No. 7399
305	305
306	306
307	307
308	308	LCO No. 6617 9 of 15
309	309
310	310	professional counselor are performed under supervision and constitute 246
311	311	a part of a supervised course of study; (8) a person employed by an 247
312	312	institution of higher education to provide academic counseling in 248
313	313	conjunction with the institution's programs and services; (9) a 249
314	314	vocational rehabilitation counselor, job counselor, credit counselor, 250
315	315	consumer counselor or any other counselor or psychoanalyst who does 251
316	316	not purport to be a counselor whose primary service is the application 252
317	317	of established principles of psycho-social development and behavioral 253
318	318	science to the evaluation, assessment, analysis and treatment of 254
319	319	emotional, behavioral or interpersonal dysfunction or difficulties that 255
320	320	interfere with mental health and human development; or (10) a person 256
321	321	who earned a degree in accordance with the requirements of 257
322	322	subdivision (2) of subsection (a) of section 20-195dd, provided (A) the 258
323	323	activities performed and services provided by such person constitute 259
324	324	part of the supervised experience required for licensure under 260
325	325	subdivision (3) of subsection (a) of said section, and (B) not later than 261
326	326	two years after completion of such supervised experience, the 262
327	327	exemption to the licensure requirement shall cease if the person did 263
328	328	not successfully complete the licensing examination, as required under 264
329	329	subdivision (4) of subsection (a) of said section. 265
330	330	Sec. 5. Subsection (a) of section 46a-11b of the general statutes is 266
331	331	repealed and the following is substituted in lieu thereof (Effective 267
332	332	October 1, 2019): 268
333	333	(a) Any physician or surgeon licensed under the provisions of 269
334	334	chapter 370, any resident physician or intern in any hospital in this 270
335	335	state, whether or not so licensed, any registered nurse, any person paid 271
336	336	for caring for persons in any facility and any licensed practical nurse, 272
337	337	medical examiner, dental hygienist, dentist, occupational therapist, 273
338	338	optometrist, chiropractor, psychologist, podiatrist, social worker, 274
339	339	school teacher, school principal, school guidance counselor, school 275
340	340	counselor, school paraprofessional, licensed behavior analyst, mental 276
341	341	health professional, physician assistant, licensed or certified substance 277
342	342	abuse counselor, licensed marital and family therapist, speech and 278
343	343	language pathologist, clergyman, police officer, pharmacist, physical 279 Raised Bill No. 7399
344	344
345	345
346	346
347	347	LCO No. 6617 10 of 15
348	348
349	349	therapist, licensed professional counselor, [or] sexual assault counselor 280
350	350	as defined in section 52-146k, as amended by this act, [or] domestic 281
351	351	violence counselor [,] as defined in section 52-146k, as amended by this 282
352	352	act, or a child anti-trafficking counselor as defined in section 52-146k, 283
353	353	as amended by this act, who has reasonable cause to suspect or believe 284
354	354	that any person with intellectual disability or any person who receives 285
355	355	services from the Department of Social Services' Division of Autism 286
356	356	Spectrum Disorder Services has been abused or neglected shall, as 287
357	357	soon as practicable but not later than forty-eight hours after such 288
358	358	person has reasonable cause to suspect or believe that a person with 289
359	359	intellectual disability or any person who receives services from the 290
360	360	Department of Social Services' Division of Autism Spectrum Disorder 291
361	361	Services has been abused or neglected, report such information or 292
362	362	cause a report to be made in any reasonable manner to the 293
363	363	commissioner, or the commissioner's designee. An unsuccessful 294
364	364	attempt to make an initial report to the commissioner, or the 295
365	365	commissioner's designee, on a weekend, holiday or after normal 296
366	366	business hours shall not be construed as a violation of this section if 297
367	367	reasonable attempts are made by a person required to report under 298
368	368	this subsection to reach the commissioner, or the commissioner's 299
369	369	designee, as soon as practicable after the initial attempt. The initial 300
370	370	report shall be followed up by a written report not later than five 301
371	371	calendar days after the initial report was made. Any person required to 302
372	372	report under this subsection who fails to make such report shall be 303
373	373	fined not more than five hundred dollars. For purposes of this 304
374	374	subsection, "reasonable manner" and "reasonable attempts" mean 305
375	375	efforts that include, but are not limited to, efforts to reach the 306
376	376	commissioner, or the commissioner's designee, by phone, in person or 307
377	377	by electronic mail. 308
378	378	Sec. 6. Subdivision (6) of section 54-203 of the general statutes is 309
379	379	repealed and the following is substituted in lieu thereof (Effective 310
380	380	October 1, 2019): 311
381	381	(6) To provide each person who applies for compensation pursuant 312
382	382	to section 54-204, within ten days of the date of receipt of such 313 Raised Bill No. 7399
383	383
384	384
385	385
386	386	LCO No. 6617 11 of 15
387	387
388	388	application, with a written list of rights of victims of crime involving 314
389	389	personal injury and the programs available in this state to assist such 315
390	390	victims. The Office of Victim Services, the state or any agent, employee 316
391	391	or officer thereof shall not be liable for the failure to supply such list or 317
392	392	any alleged inadequacies of such list. Such list shall include, but not be 318
393	393	limited to: 319
394	394	(A) Subject to the provisions of sections 18-81e and 51-286e, the 320
395	395	victim shall have the right to be informed concerning the status of his 321
396	396	or her case and to be informed of the release from custody of the 322
397	397	defendant; 323
398	398	(B) Subject to the provisions of section 54-91c, the victim shall have 324
399	399	the right to present a statement of his or her losses, injuries and wishes 325
400	400	to the prosecutor and the court prior to the acceptance by the court of a 326
401	401	plea of guilty or nolo contendere made pursuant to a plea agreement 327
402	402	with the state wherein the defendant pleads to a lesser offense than the 328
403	403	offense with which the defendant was originally charged; 329
404	404	(C) Subject to the provisions of section 54-91c, prior to the 330
405	405	imposition of sentence upon the defendant, the victim shall have the 331
406	406	right to submit a statement to the prosecutor as to the extent of any 332
407	407	injuries, financial losses and loss of earnings directly resulting from the 333
408	408	crime. Upon receipt of the statement, the prosecutor shall file the 334
409	409	statement with the sentencing court and the statement shall be made a 335
410	410	part of the record and considered by the court at the sentencing 336
411	411	hearing; 337
412	412	(D) Subject to the provisions of section 54-126a, the victim shall have 338
413	413	the right to appear before a panel of the Board of Pardons and Paroles 339
414	414	and make a statement as to whether the defendant should be released 340
415	415	on parole and any terms or conditions to be imposed upon any such 341
416	416	release; 342
417	417	(E) Subject to the provisions of section 54-36a, the victim shall have 343
418	418	the right to have any property the victim owns which was seized by 344
419	419	police in connection with an arrest to be returned; 345 Raised Bill No. 7399
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421	421
422	422
423	423	LCO No. 6617 12 of 15
424	424
425	425	(F) Subject to the provisions of sections 54-56e and 54-142c, the 346
426	426	victim shall have the right to be notified of the application by the 347
427	427	defendant for the pretrial program for accelerated rehabilitation and to 348
428	428	obtain from the court information as to whether the criminal 349
429	429	prosecution in the case has been dismissed; 350
430	430	(G) Subject to the provisions of section 54-85b, the victim cannot be 351
431	431	fired, harassed or otherwise retaliated against by an employer for 352
432	432	appearing under a subpoena as a witness in any criminal prosecution; 353
433	433	(H) Subject to the provisions of section 54-86g, the parent or legal 354
434	434	guardian of a child twelve years of age or younger who is a victim of 355
435	435	child abuse or sexual assault may request special procedural 356
436	436	considerations to be taken during the testimony of the child; 357
437	437	(I) Subject to the provisions of section 46b-15, the victim of assault 358
438	438	by a spouse or former spouse, family or household member has the 359
439	439	right to request the arrest of the offender, request a protective order 360
440	440	and apply for a restraining order; 361
441	441	(J) Subject to the provisions of sections 52-146k, as amended by this 362
442	442	act, 54-86e and 54-86f, the victim of sexual assault or domestic violence 363
443	443	or a victim of child trafficking can expect certain records to remain 364
444	444	confidential; and 365
445	445	(K) Subject to the provisions of section 53a-32, the victim and any 366
446	446	victim advocate assigned to assist the victim may receive notification 367
447	447	from a probation officer whenever the officer has notified a police 368
448	448	officer that the probation officer has probable cause to believe that the 369
449	449	offender has violated a condition of such offender's probation; 370
450	450	Sec. 7. Subsection (d) of section 54-209 of the general statutes is 371
451	451	repealed and the following is substituted in lieu thereof (Effective 372
452	452	October 1, 2019): 373
453	453	(d) In instances where a violation of section 53-21, 53a-70, 53a-70a, 374
454	454	53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82 or 53a-192a 375 Raised Bill No. 7399
455	455
456	456
457	457
458	458	LCO No. 6617 13 of 15
459	459
460	460	has been alleged, the Office of Victim Services or, on review, a victim 376
461	461	compensation commissioner, may order compensation be paid if (1) 377
462	462	the personal injury has been disclosed to: (A) A physician or surgeon 378
463	463	licensed under chapter 370; (B) a resident physician or intern in any 379
464	464	hospital in this state, whether or not licensed; (C) a physician assistant 380
465	465	licensed under chapter 370; (D) an advanced practice registered nurse, 381
466	466	registered nurse or practical nurse licensed under chapter 378; (E) a 382
467	467	psychologist licensed under chapter 383; (F) a police officer; (G) a 383
468	468	mental health professional; (H) an emergency medical services 384
469	469	provider licensed or certified under chapter 368d; (I) an alcohol and 385
470	470	drug counselor licensed or certified under chapter 376b; (J) a marital 386
471	471	and family therapist licensed under chapter 383a; (K) a domestic 387
472	472	violence counselor, [or] a sexual assault counselor or a child anti-388
473	473	trafficking counselor, as defined in section 52-146k, as amended by this 389
474	474	act; (L) a professional counselor licensed under chapter 383c; (M) a 390
475	475	clinical social worker licensed under chapter 383b; (N) an employee of 391
476	476	the Department of Children and Families; or (O) a school principal, a 392
477	477	school teacher, a school guidance counselor or a school counselor, and 393
478	478	(2) the office or commissioner, as the case may be, reasonably 394
479	479	concludes that a violation of any of said sections has occurred. 395
480	480	Sec. 8. Subsection (a) of section 54-47a of the general statutes is 396
481	481	repealed and the following is substituted in lieu thereof (Effective 397
482	482	October 1, 2019): 398
483	483	(a) Whenever in the judgment of the Chief State's Attorney, a state's 399
484	484	attorney or the deputy chief state's attorney, the testimony of any 400
485	485	witness or the production of books, papers or other evidence of any 401
486	486	witness (1) in any criminal proceeding involving narcotics, arson, 402
487	487	bribery, gambling, election law violations, felonious crimes of violence, 403
488	488	any violation which is an offense under the provisions of title 22a, 404
489	489	corruption in the executive, legislative or judicial branch of state 405
490	490	government or in the government of any political subdivision of the 406
491	491	state, fraud by a vendor of goods or services in the medical assistance 407
492	492	program under Title XIX of the Social Security Act amendments of 408
493	493	1965, as amended, any violation of chapter 949c, or any other class A, B 409 Raised Bill No. 7399
494	494
495	495
496	496
497	497	LCO No. 6617 14 of 15
498	498
499	499	or C felony or unclassified felony punishable by a term of 410
500	500	imprisonment in excess of five years for which the Chief State's 411
501	501	Attorney or state's attorney demonstrates that he has no other means 412
502	502	of obtaining sufficient information as to whether a crime has been 413
503	503	committed or the identity of the person or persons who may have 414
504	504	committed a crime, before a court or grand jury of this state, [or] (2) in 415
505	505	any investigation conducted by an investigatory grand jury as 416
506	506	provided in sections 54-47b to 54-47g, inclusive, or (3) in any 417
507	507	delinquency proceeding, is necessary to the public interest, the Chief 418
508	508	State's Attorney, the state's attorney, or the deputy chief state's 419
509	509	attorney, may, with notice to the witness, after the witness has claimed 420
510	510	his privilege against self-incrimination, make application to the court 421
511	511	for an order directing the witness to testify or produce evidence subject 422
512	512	to the provisions of this section. 423
513	513	Sec. 9. (NEW) (Effective October 1, 2019) In any prosecution for an 424
514	514	offense under title 53a of the general statutes or in any delinquency 425
515	515	proceeding, it shall be an affirmative defense that the actor's 426
516	516	participation in the offense occurred while he or she was a minor and 427
517	517	was a result of having been a victim of conduct of another person that 428
518	518	constitutes (1) a violation of section 53a-192a of the general statutes, or 429
519	519	(2) a criminal violation of 18 USC 77, as amended from time to time. 430
520	520	Sec. 10. Section 53a-83b of the general statutes is repealed and the 431
521	521	following is substituted in lieu thereof (Effective October 1, 2019): 432
522	522	(a) A person is guilty of commercial sexual abuse of a minor when: 433
523	523	(1) Such person pays a fee to a minor or third person as compensation 434
524	524	for a minor having engaged in sexual conduct with such person; (2) 435
525	525	such person pays or agrees to pay a fee to a minor or a third person 436
526	526	pursuant to an understanding that in return for such fee the minor will 437
527	527	engage in sexual conduct with such person; or (3) such person solicits 438
528	528	or requests to engage in sexual conduct with a minor, or any other 439
529	529	person that such person reasonably believes to be a minor, in return 440
530	530	for a fee. 441 Raised Bill No. 7399
531	531
532	532
533	533
534	534	LCO No. 6617 15 of 15
535	535
536	536	(b) Except as provided in subsection (c) of this section, commercial 442
537	537	sexual abuse of a minor is a class B felony. 443
538	538	(c) Commercial sexual abuse of a minor is a class A felony if the 444
539	539	minor has not attained fifteen years of age. 445
540	540	(d) For purposes of this section, "minor" means a person who has 446
541	541	not attained eighteen years of age, "sexual conduct" may include 447
542	542	sexual conduct using an interactive computer service, "interactive 448
543	543	computer service" has the same meaning as provided in section 53a-449
544	544	90a. 450
545	545	This act shall take effect as follows and shall amend the following
546	546	sections:
547	547
548	548	Section 1 July 1, 2019 46a-170(b)
549	549	Sec. 2 October 1, 2019 52-146k
550	550	Sec. 3 October 1, 2019 17a-101(b)
551	551	Sec. 4 October 1, 2019 20-195bb(c)
552	552	Sec. 5 October 1, 2019 46a-11b(a)
553	553	Sec. 6 October 1, 2019 54-203(6)
554	554	Sec. 7 October 1, 2019 54-209(d)
555	555	Sec. 8 October 1, 2019 54-47a(a)
556	556	Sec. 9 October 1, 2019 New section
557	557	Sec. 10 October 1, 2019 53a-83b
558	558
559	559	Statement of Purpose:
560	560	To: (1) Provide greater legal protections for the victims of human
561	561	trafficking; and (2) include online or Internet-based sexual conduct
562	562	with a minor paid for by another person as a form of sexual abuse of a
563	563	minor.
564	564	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
565	565	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
566	566	not underlined.]
567	567