Connecticut 2019 Regular Session

Connecticut Senate Bill SB01111 Compare Versions

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Version 2 (New)

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	3	+	LCO 6523 \\PRDFS1\SCOUSERS\RICCIARDIK\WS\2019SB-01111-R01-
	4	+	SB.docx
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	7	+	General Assembly Raised Bill No. 1111
	8	+	January Session, 2019
	9	+	LCO No. 6523
	10	+
	11	+
	12	+	Referred to Committee on JUDICIARY
	13	+
	14	+
	15	+	Introduced by:
	16	+	(JUD)
1	17
2	18
3	19
4		-	Senate Bill No. 1111
5		-
6		-	Public Act No. 19-93
7		-
8		-
9		-	AN ACT CONCERNING SE XUAL HARASSMENT AND SEXUAL
10		-	ASSAULT.
	20	+	AN ACT CONCERNING A STUDY O F CRIMINAL LAWS OF THIS
	21	+	STATE.
11	22		Be it enacted by the Senate and House of Representatives in General
12	23		Assembly convened:
13	24
14		-	Section 1. Subdivision (8) of section 46a-51 of the general statutes, as
15		-	amended by section 2 of public act 19-16, is repealed and the following
16		-	is substituted in lieu thereof (Effective October 1, 2019):
17		-	(8) "Discriminatory practice" means a violation of section 4a-60, 4a-
18		-	60a, 4a-60g, 31-40y, [subdivisions (15) to (17), inclusive, of section 46a-
19		-	54,] subparagraph (C) of subdivision (15) of section 46a-54, as
20		-	amended by section 1 of public act 19-16, subdivisions (16) and (17) of
21		-	section 46a-54, as amended by section 1 of public act 19-16 and this act,
22		-	section 46a-58, 46a-59, 46a-60, as amended by [this act] public act 19-16,
23		-	46a-64, 46a-64c, 46a-66, 46a-68, as amended by [this act] public act 19-
24		-	16, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive,
25		-	subsection (a) of section 46a-80 or sections 46a-81b to 46a-81o,
26		-	inclusive;
27		-	Sec. 2. Subsection (c) of section 46a-55 of the general statutes, as
28		-	amended by section 11 of public act 19-16, is repealed and the
29		-	following is substituted in lieu thereof (Effective October 1, 2019):
30		-	(c) The executive director, through the supervising attorney, may, Senate Bill No. 1111
	25	+	Section 1. (Effective from passage) There is established a working 1
	26	+	group to study the criminal laws of this state. Such study shall include, 2
	27	+	at a minimum, a review of titles 53 and 53a of the general statutes for 3
	28	+	the purpose of recommending legislative changes. The working group 4
	29	+	shall consist of the following members who have expertise in criminal 5
	30	+	laws: (1) One appointed by the speaker of the House of 6
	31	+	Representatives; (2) one appointed by the president pro tempore of the 7
	32	+	Senate; (3) one appointed by the majority leader of the House of 8
	33	+	Representatives; (4) one appointed by the majority leader of the Senate; 9
	34	+	(5) one appointed by the minority leader of the House of 10
	35	+	Representatives; and (6) one appointed by the minority leader of the 11
	36	+	Senate. Not later than January 1, 2020, the working group shall submit 12
	37	+	a report on its findings and recommendations to the joint standing 13
	38	+	committee of the General Assembly having cognizance of matters 14
	39	+	relating to the judiciary, in accordance with the provisions of section 15
	40	+	11-4a of the general statutes. The working group shall terminate on the 16 Raised Bill No. 1111
31	41
32		-	Public Act No. 19-93 2 of 10
33	42
34		-	within available appropriations, assign a commission legal counsel to
35		-	bring a civil action concerning an alleged discriminatory practice, in
36		-	accordance with this subsection, in lieu of an administrative hearing
37		-	pursuant to section 46a-84, as amended by this act, when the executive
38		-	director determines that a civil action is in the public interest and if the
39		-	parties to the administrative hearing mutually agree, in writing, to the
40		-	bringing of such civil action by commission legal counsel. The
41		-	commission legal counsel shall bring such a civil action in the Superior
42		-	Court not later than ninety days following the date the commission
43		-	legal counsel notifies the parties of the executive director's
44		-	determination. Such civil action may be served by certified mail and
45		-	shall not be subject to the provisions of section 46a-100, 46a-101 or 46a-
46		-	102. The jurisdiction of the Superior Court in an action brought under
47		-	this subsection shall be limited to such claims, counterclaims, defenses
48		-	or the like that could be presented at an administrative hearing before
49		-	the commission, had the complaint remained with the commission for
50		-	disposition. A complainant may intervene as a matter of right without
51		-	permission of the court or the parties. The civil action shall be tried to
52		-	the court without a jury. If the commission legal counsel determines
53		-	that the interests of the state will not be adversely affected, the
54		-	complainant or attorney for the complainant shall present all or part of
55		-	the case in support of the complaint. The court may grant any relief
56		-	available under section 46a-104, as amended by [this act] public act 19-
57		-	16. Where the Superior Court finds that a respondent has committed a
58		-	discriminatory practice, the court shall grant the commission its fees
59		-	and costs and award the commission a civil penalty, not exceeding ten
60		-	thousand dollars, provided such discriminatory practice has been
61		-	established by clear and convincing evidence, which shall be payable
62		-	to the commission and used by the commission to advance the public
63		-	interest in eliminating discrimination.
64		-	Sec. 3. Subsection (h) of section 46a-84 of the general statutes, as
65		-	amended by section 8 of public act 19-16, is repealed and the following Senate Bill No. 1111
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	44	+	01111-R01-SB.docx }
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66	46
67		-	Public Act No. 19-93 3 of 10
	47	+	date that it submits such report or January 1, 2020, whichever is later. 17
	48	+	This act shall take effect as follows and shall amend the following
	49	+	sections:
68	50
69		-	is substituted in lieu thereof (Effective October 1, 2019):
70		-	(h) The complainant, the respondent and the commission shall be
71		-	afforded the opportunity to inspect and copy relevant and material
72		-	records, papers and documents not in the possession of such party,
73		-	except as otherwise provided by applicable state [or federal] law. The
74		-	presiding officer may order a party to produce such records, papers
75		-	and documents, and if a party fails to comply with such order within
76		-	thirty days of the date of such order, the presiding officer may issue a
77		-	nonmonetary order that the presiding officer deems just and
78		-	appropriate, including, but not limited to, an order (1) finding that the
79		-	matters that are the subject of the order are established in accordance
80		-	with the claim of the party requesting such order, (2) prohibiting the
81		-	party who has failed to comply with such order from introducing
82		-	designated matters into evidence, (3) limiting the participation of the
83		-	noncomplying party with regard to issues or facts relating to the order,
84		-	and (4) drawing an adverse inference against the noncomplying party.
85		-	Sec. 4. Section 46a-84 of the general statutes, as amended by section
86		-	8 of public act 19-16, is amended by adding subsection (i) as follows
87		-	(Effective October 1, 2019):
88		-	(NEW) (i) When the executive director of the commission has
89		-	determined that there are available appropriations and otherwise
90		-	approves a request, the Chief Human Rights Referee may appoint any
91		-	magistrate, who is on the list of available magistrates maintained by
92		-	the Chief Court Administrator, to act as a presiding officer at any
93		-	proceeding conducted pursuant to this section, subsection (l) of section
94		-	46a-83, subsection (c) or (d) of section 46a-56 or subsection (e) of
95		-	section 4-61dd. Any magistrate so appointed shall have the same
96		-	powers and duties as a human rights referee appointed pursuant to
97		-	section 46a-57 and be compensated in accordance with the provisions
98		-	of section 51-193r from such funds as may be available to the
99		-	commission. The Chief Human Rights Referee may request the Senate Bill No. 1111
	51	+	Section 1 from passage New section
100	52
101		-	Public Act No. 19-93 4 of 10
102		-
103		-	appointment of a magistrate whenever the total number of complaints
104		-	pending in the commission's office of public hearings exceeds one
105		-	hundred.
106		-	Sec. 5. Section 46a-97 of the general statutes, as amended by section
107		-	9 of public act 19-16, is repealed and the following is substituted in lieu
108		-	thereof (Effective October 1, 2019):
109		-	(a) Any employer, employment agency or labor organization which
110		-	fails to post such notices of statutory provisions as the commission
111		-	may require pursuant to [subsection] subdivision (13) of section 46a-
112		-	54, as amended by, [this act] section 1 of public act 19-16, shall be fined
113		-	not more than [one thousand] seven hundred fifty dollars.
114		-	(b) Any person who fails to post such notices of statutory provisions
115		-	as the commission may require pursuant to [subsection] subdivision
116		-	(14) of section 46a-54, as amended by [this act] section 1 of public act
117		-	19-16, shall be fined not more than [one thousand] seven hundred fifty
118		-	dollars.
119		-	(c) Any employer who fails to provide the training and education
120		-	concerning the illegality of sexual harassment and the remedies
121		-	available to victims of sexual harassment, as required pursuant to
122		-	subdivision (15) of section 46a-54, as amended by [this act] section 1 of
123		-	public act 19-16, shall be fined not more than [one thousand] seven
124		-	hundred fifty dollars.
125		-	(d) [The] During the twelve-month period following the date on
126		-	which a complaint against an employer has been filed with the
127		-	commission by an employee or, if the executive director of the
128		-	commission reasonably believes that an employer is in violation of the
129		-	provisions of subdivision (13), (14) or (15) of section 46a-54, as
130		-	amended by section 1 of public act 19-16, the executive director of the
131		-	commission may assign a designated representative of the commission Senate Bill No. 1111
132		-
133		-	Public Act No. 19-93 5 of 10
134		-
135		-	to enter an employer's place of business during normal business hours
136		-	for purposes of: (1) Ensuring compliance with the posting
137		-	requirements prescribed in subdivisions (13), (14) and (15) of section
138		-	46a-54, as amended by [this act] section 1 of public act 19-16, and (2)
139		-	examining records, policies, procedures, postings and sexual
140		-	harassment training materials maintained by the employer in
141		-	connection with the requirements of subdivisions (13), (14) and (15) of
142		-	section 46a-54, as amended by [this act] section 1 of public act 19-16. A
143		-	designated representative of the commission, who is carrying out the
144		-	duties set forth in this subsection, shall ensure that such activities do
145		-	not unduly disrupt the business operations of the employer. If the
146		-	employer's place of business is a residential home, the designated
147		-	representative of the commission shall not enter such residential home
148		-	without the express permission of such homeowner.
149		-	Sec. 6. Subsection (b) of section 46a-86 of the general statutes, as
150		-	amended by section 7 of public act 19-16, is repealed and the following
151		-	is substituted in lieu thereof (Effective October 1, 2019):
152		-	(b) In addition to any other action taken under this section, upon a
153		-	finding of a discriminatory employment practice, the presiding officer
154		-	shall (1) issue an order to eliminate the discriminatory employment
155		-	practice complained of and to make the complainant whole, including
156		-	restoration to membership in any respondent labor organization, and
157		-	(2) may (A) determine the amount of damages suffered by the
158		-	complainant, including the actual costs incurred by the complainant as
159		-	a result of the discriminatory employment practice, and (B) allow
160		-	reasonable attorney's fees and costs. The amount of attorney's fees
161		-	allowed shall not be contingent upon the amount of damages
162		-	requested by or awarded to the complainant. Liability for back pay
163		-	shall not accrue from a date more than two years prior to the filing or
164		-	issuance of the complaint. Interim earnings, including unemployment
165		-	compensation and welfare assistance or amounts which could have Senate Bill No. 1111
166		-
167		-	Public Act No. 19-93 6 of 10
168		-
169		-	been earned with reasonable diligence on the part of the person to
170		-	whom back pay is awarded shall be deducted from the amount of back
171		-	pay to which such person is otherwise entitled. The amount of any
172		-	deduction for interim unemployment compensation or welfare
173		-	assistance shall be paid by the respondent to the commission which
174		-	shall transfer such amount to the appropriate state or local agency. Not
175		-	later than October 1, 2020, and annually thereafter, the executive
176		-	director of the commission shall report, in accordance with the
177		-	provisions of section 11-4a, to the joint standing committee of the
178		-	General Assembly having cognizance of matters relating to the
179		-	judiciary on the commission's award of reasonable attorney's fees and
180		-	costs under this section. Such report shall include, but not be limited
181		-	to: (i) The awards of reasonable attorney's fees and a comparison of
182		-	such awards to awards of damages; (ii) the category of complaint for
183		-	which damages and attorney's fees are awarded; (iii) the commission's
184		-	methodology for calculating awards of reasonable attorney's fees and
185		-	costs, if such methodology may be ascertained; (iv) data on the number
186		-	of employees employed by respondents who were subject to awards of
187		-	reasonable attorney's fees and costs; and (v) the percentage of
188		-	complainants and respondents represented by counsel in matters in
189		-	which awards of reasonable attorney's fees and costs are made.
190		-	Sec. 7. Subsection (b) of section 14 of public act 19-16 is repealed and
191		-	the following is substituted in lieu thereof (Effective from passage):
192		-	(b) The task force shall consist of the following members:
193		-	(1) One appointed by the speaker of the House of Representatives,
194		-	who is an attorney who has represented two or more plaintiffs in a
195		-	civil action concerning sexual abuse, sexual exploitation or sexual
196		-	assault;
197		-	(2) One appointed by the president pro tempore of the Senate, who
198		-	is a victim of sexual abuse, sexual exploitation or sexual assault; Senate Bill No. 1111
199		-
200		-	Public Act No. 19-93 7 of 10
201		-
202		-	(3) One jointly appointed by the president pro tempore of the Senate
203		-	and the speaker of the House of Representatives;
204		-	(4) One appointed by the majority leader of the House of
205		-	Representatives, who is (A) a representative of an entity named as a
206		-	defendant in a civil action for sexual abuse, sexual exploitation or
207		-	sexual assault; or (B) a lawyer who has represented two or more clients
208		-	named as a defendant in a civil action for sexual abuse, sexual
209		-	exploitation or sexual assault;
210		-	(5) One appointed by the majority leader of the Senate who is a
211		-	representative of the Connecticut Alliance to End Sexual Violence;
212		-	(6) One appointed by the minority leader of the House of
213		-	Representatives, who is (A) a representative of an entity named as a
214		-	defendant in a civil action for sexual abuse, sexual exploitation or
215		-	sexual assault; or (B) a lawyer who has represented two or more clients
216		-	named as a defendant in a civil action for sexual abuse, sexual
217		-	exploitation or sexual assault;
218		-	(7) One appointed by the minority leader of the Senate; and
219		-	[(8) The executive director of the Connecticut Trial Lawyers
220		-	Association, or said executive director's designee; and]
221		-	[(9)] (8) One appointed by the Chief Court Administrator, who is a
222		-	judge of the Superior Court or who previously served as a judge of the
223		-	Superior Court.
224		-	Sec. 8. Subdivision (8) of subsection (b) of section 46a-60 of the
225		-	general statutes, as amended by section 4 of public act 19-16, is
226		-	repealed and the following is substituted in lieu thereof (Effective
227		-	October 1, 2019):
228		-	(8) For an employer, by the employer or the employer's agent, for an Senate Bill No. 1111
229		-
230		-	Public Act No. 19-93 8 of 10
231		-
232		-	employment agency, by itself or its agent, or for any labor
233		-	organization, by itself or its agent, to harass any employee, person
234		-	seeking employment or member on the basis of sex or gender identity
235		-	or expression. If an employer takes immediate corrective action in
236		-	response to an employee's claim of sexual harassment, such corrective
237		-	action shall not modify the conditions of employment of the employee
238		-	making the claim of sexual harassment unless such employee agrees,
239		-	in writing, to any modification in the conditions of employment.
240		-	"Corrective action" taken by an employer, includes, but is not limited
241		-	to, employee relocation, assigning an employee to a different work
242		-	schedule or other substantive changes to an employee's terms and
243		-	conditions of employment. Notwithstanding an employer's failure to
244		-	obtain a written agreement from an employee concerning a
245		-	modification in the conditions of employment, the commission may
246		-	find that corrective action taken by an employer was reasonable and
247		-	not of detriment to the complainant based on the evidence presented
248		-	to the commission by the complainant and respondent. As used in this
249		-	subdivision, "sexual harassment" means any unwelcome sexual
250		-	advances or requests for sexual favors or any conduct of a sexual
251		-	nature when (A) submission to such conduct is made either explicitly
252		-	or implicitly a term or condition of an individual's employment, (B)
253		-	submission to or rejection of such conduct by an individual is used as
254		-	the basis for employment decisions affecting such individual, or (C)
255		-	such conduct has the purpose or effect of substantially interfering with
256		-	an individual's work performance or creating an intimidating, hostile
257		-	or offensive working environment;
258		-	Sec. 9. Section 53a-72a of the general statutes, as amended by section
259		-	15 of public act 19-16, is repealed and the following is substituted in
260		-	lieu thereof (Effective October 1, 2019):
261		-	(a) A person is guilty of sexual assault in the third degree when
262		-	such person (1) compels another person to submit to sexual contact (A) Senate Bill No. 1111
263		-
264		-	Public Act No. 19-93 9 of 10
265		-
266		-	by the use of force against such other person or a third person, or (B)
267		-	by the threat of use of force against such other person or against a third
268		-	person, which reasonably causes such other person to fear physical
269		-	injury to himself or herself or a third person, or (2) subjects another
270		-	person to sexual contact and such other person is mentally
271		-	incapacitated or impaired because of mental disability or disease to the
272		-	extent that such other person is unable to consent to such sexual
273		-	contact, or (3) engages in sexual intercourse with another person
274		-	whom the actor knows to be related to him or her within any of the
275		-	degrees of kindred specified in section 46b-21.
276		-	(b) Sexual assault in the third degree is a class D felony or, if the
277		-	victim of the offense is under sixteen years of age, a class C felony.
278		-	Sec. 10. Section 53a-73a of the general statutes, as amended by
279		-	section 16 of public act 19-16, is repealed and the following is
280		-	substituted in lieu thereof (Effective October 1, 2019):
281		-	(a) A person is guilty of sexual assault in the fourth degree when: (1)
282		-	Such person subjects another person to sexual contact who is (A) under
283		-	thirteen years of age and the actor is more than two years older than
284		-	such other person, or (B) thirteen years of age or older but under
285		-	fifteen years of age and the actor is more than three years older than
286		-	such other person, or (C) [impaired because of mental disability or
287		-	disease to the extent that such other person is unable to consent to such
288		-	sexual contact, or (D)] physically helpless, or [(E)] (D) less than
289		-	eighteen years old and the actor is such other person's guardian or
290		-	otherwise responsible for the general supervision of such other
291		-	person's welfare, or [(F)] (E) in custody of law or detained in a hospital
292		-	or other institution and the actor has supervisory or disciplinary
293		-	authority over such other person; or (2) such person subjects another
294		-	person to sexual contact without such other person's consent; or (3)
295		-	such person engages in sexual contact with an animal or dead body; or
296		-	(4) such person is a psychotherapist and subjects another person to Senate Bill No. 1111
297		-
298		-	Public Act No. 19-93 10 of 10
299		-
300		-	sexual contact who is (A) a patient of the actor and the sexual contact
301		-	occurs during the psychotherapy session, or (B) a patient or former
302		-	patient of the actor and such patient or former patient is emotionally
303		-	dependent upon the actor, or (C) a patient or former patient of the
304		-	actor and the sexual contact occurs by means of therapeutic deception;
305		-	or (5) such person subjects another person to sexual contact and
306		-	accomplishes the sexual contact by means of false representation that
307		-	the sexual contact is for a bona fide medical purpose by a health care
308		-	professional; or (6) such person is a school employee and subjects
309		-	another person to sexual contact who is a student enrolled in a school
310		-	in which the actor works or a school under the jurisdiction of the local
311		-	or regional board of education which employs the actor; or (7) such
312		-	person is a coach in an athletic activity or a person who provides
313		-	intensive, ongoing instruction and subjects another person to sexual
314		-	contact who is a recipient of coaching or instruction from the actor and
315		-	(A) is a secondary school student and receives such coaching or
316		-	instruction in a secondary school setting, or (B) is under eighteen years
317		-	of age; or (8) such person subjects another person to sexual contact and
318		-	(A) the actor is twenty years of age or older and stands in a position of
319		-	power, authority or supervision over such other person by virtue of
320		-	the actor's professional, legal, occupational or volunteer status and
321		-	such other person's participation in a program or activity, and (B) such
322		-	other person is under eighteen years of age; or (9) such person subjects
323		-	another person to sexual contact who is placed or receiving services
324		-	under the direction of the Commissioner of Developmental Services in
325		-	any public or private facility or program and the actor has supervisory
326		-	or disciplinary authority over such other person.
327		-	(b) Sexual assault in the fourth degree is a class A misdemeanor or,
328		-	if the victim of the offense is under sixteen years of age, a class D
329		-	felony.
	53	+	JUD Joint Favorable
330	54