Connecticut 2020 Regular Session

Connecticut House Bill HB05502 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	LCO No. 2821 1 of 7
4	4
5	5	General Assembly Raised Bill No. 5502
6	6	February Session, 2020
7	7	LCO No. 2821
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
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16	16
17	17
18	18
19	19	AN ACT CONCERNING HU MAN TRAFFICKING AND SEXUAL
20	20	MISCONDUCT AGAINST M INORS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subsection (b) of section 46a-170 of the 2020 supplement to 1
25	25	the general statutes is repealed and the following is substituted in lieu 2
26	26	thereof (Effective July 1, 2020): 3
27	27	(b) The council shall consist of the following members: (1) The Chief 4
28	28	State's Attorney, or a designee; (2) the Chief Public Defender, or a 5
29	29	designee; (3) the Commissioner of Emergency Services and Public 6
30	30	Protection, or the commissioner's designee; (4) the Labor Commissioner, 7
31	31	or the commissioner's designee; (5) the Commissioner of Social Services, 8
32	32	or the commissioner's designee; (6) the Commissioner of Public Health, 9
33	33	or the commissioner's designee; (7) the Commissioner of Mental Health 10
34	34	and Addiction Services, or the commissioner's designee; (8) the 11
35	35	Commissioner of Children and Families, or the commissioner's 12
36	36	designee; (9) the Commissioner of Consumer Protection, or the 13
37	37	commissioner's designee; (10) the director of the Basic Training Division 14
38	38	of the Police Officer Standards and Training Council, or the director's 15 Raised Bill No. 5502
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40	40
41	41
42	42	LCO No. 2821 2 of 7
43	43
44	44	designee; (11) the Child Advocate, or the Child Advocate's designee; 16
45	45	(12) the Victim Advocate, or the Victim Advocate's designee; (13) a 17
46	46	chairperson of the Commission on Women, Children, Seniors, Equity 18
47	47	and Opportunity, or the chairperson's designee; (14) one representative 19
48	48	of the Office of Victim Services of the Judicial Branch appointed by the 20
49	49	Chief Court Administrator; (15) a municipal police chief appointed by 21
50	50	the Connecticut Police Chiefs Association, or a designee; (16) the 22
51	51	Commissioner of Education, or the commissioner's designee; (17) an 23
52	52	adult victim of trafficking, appointed by the Governor; [and (18) ten] 24
53	53	(18) a judge appointed by the Chief Court Administrator; (19) a state's 25
54	54	attorney assigned to act in any judicial district, as designated by the 26
55	55	Chief State's Attorney; (20) a public defender assigned to act in any 27
56	56	judicial district, as designated by the Chief Public Defender; and (21) 28
57	57	thirteen public members appointed as follows: The Governor shall 29
58	58	appoint [two] three members, one of whom shall represent victims of 30
59	59	commercial exploitation of children, [and] one of whom shall represent 31
60	60	sex trafficking victims who are children and one of whom shall be a part 32
61	61	of an alliance forming a coalition of children's advocacy centers and 33
62	62	multidisciplinary teams dedicated to child abuse victims and their 34
63	63	families, the president pro tempore of the Senate shall appoint two 35
64	64	members, one of whom shall represent the Connecticut Alliance to End 36
65	65	Sexual Violence and one of whom shall represent an organization that 37
66	66	provides civil legal services to low-income individuals, the speaker of 38
67	67	the House of Representatives shall appoint two members, one of whom 39
68	68	shall represent the Connecticut Coalition Against Domestic Violence 40
69	69	and one of whom shall represent the Connecticut Lodging Association, 41
70	70	the majority leader of the Senate shall appoint [one member who] two 42
71	71	members, one of whom shall represent an organization that deals with 43
72	72	behavioral health needs of women and children and one of whom shall 44
73	73	represent the Connecticut Coalition to End Homelessness, the majority 45
74	74	leader of the House of Representatives shall appoint [one member who] 46
75	75	two members, one of whom shall represent an organization that 47
76	76	advocates on social justice and human rights issues and one of whom 48
77	77	shall represent the Connecticut Criminal Defense Lawyers Association, 49
78	78	the minority leader of the Senate shall appoint one member who shall 50 Raised Bill No. 5502
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80	80
81	81
82	82	LCO No. 2821 3 of 7
83	83
84	84	represent the Connecticut Immigrant and Refugee Coalition, and the 51
85	85	minority leader of the House of Representatives shall appoint one 52
86	86	member who shall represent the Motor Transport Association of 53
87	87	Connecticut, Inc. 54
88	88	Sec. 2. Subsection (a) of section 54-47a of the general statutes is 55
89	89	repealed and the following is substituted in lieu thereof (Effective October 56
90	90	1, 2020): 57
91	91	(a) Whenever in the judgment of the Chief State's Attorney, a state's 58
92	92	attorney or the deputy chief state's attorney, the testimony of any 59
93	93	witness or the production of books, papers or other evidence of any 60
94	94	witness [(1) in any] is necessary to the public interest in any (1) criminal 61
95	95	proceeding involving narcotics, arson, bribery, gambling, election law 62
96	96	violations, felonious crimes of violence, any violation which is an 63
97	97	offense under the provisions of title 22a, corruption in the executive, 64
98	98	legislative or judicial branch of state government or in the government 65
99	99	of any political subdivision of the state, fraud by a vendor of goods or 66
100	100	services in the medical assistance program under Title XIX of the Social 67
101	101	Security Act amendments of 1965, as amended, any violation of chapter 68
102	102	949c, or any other class A, B or C felony or unclassified felony 69
103	103	punishable by a term of imprisonment in excess of five years for which 70
104	104	the Chief State's Attorney or state's attorney demonstrates that he has 71
105	105	no other means of obtaining sufficient information as to whether a crime 72
106	106	has been committed or the identity of the person or persons who may 73
107	107	have committed a crime, before a court or grand jury of this state, [or] 74
108	108	(2) [in any] investigation conducted by an investigatory grand jury as 75
109	109	provided in sections 54-47b to 54-47g, inclusive, [is necessary to the 76
110	110	public interest,] or (3) delinquency proceeding, the Chief State's 77
111	111	Attorney, the state's attorney, or the deputy chief state's attorney, may, 78
112	112	with notice to the witness, after the witness has claimed his privilege 79
113	113	against self-incrimination, make application to the court for an order 80
114	114	directing the witness to testify or produce evidence subject to the 81
115	115	provisions of this section. 82
116	116	Sec. 3. Section 53a-192a of the general statutes is repealed and the 83 Raised Bill No. 5502
117	117
118	118
119	119
120	120	LCO No. 2821 4 of 7
121	121
122	122	following is substituted in lieu thereof (Effective October 1, 2020): 84
123	123	(a) A person is guilty of trafficking in persons when such person (1) 85
124	124	knowingly compels or induces another person to engage in conduct 86
125	125	involving sexual contact with one or more third persons, or provide 87
126	126	labor or services that such person has a legal right to refrain from 88
127	127	providing, by means of (A) the use of force against such other person or 89
128	128	a third person, or by the threat of use of force against such other person 90
129	129	or a third person, (B) fraud, or (C) coercion, as provided in section 53a-91
130	130	192, (2) knowingly compels or induces another person who is under 92
131	131	eighteen years of age to engage in conduct involving sexual contact with 93
132	132	one or more third persons that constitutes sexual contact for which such 94
133	133	third person may be charged with a criminal offense, or (3) otherwise 95
134	134	knowingly commits an act that constitutes sex trafficking. For the 96
135	135	purposes of this subsection, "sexual contact" means any contact with the 97
136	136	intimate parts of another person, and "sex trafficking" means the 98
137	137	recruitment, harboring, transportation or provision of a person for the 99
138	138	purpose of engaging in sexual conduct with another person [for a fee] 100
139	139	in exchange for anything of value. 101
140	140	(b) It shall be an affirmative defense in any prosecution or 102
141	141	delinquency proceeding under this section that the defendant was 103
142	142	under eighteen years of age and his or her participation in the offense 104
143	143	was a result of having been a victim of conduct of another person that 105
144	144	constitutes trafficking in persons in violation of subsection (a) of this 106
145	145	section. 107
146	146	[(b)] (c) Trafficking in persons is a class A felony. 108
147	147	Sec. 4. Section 54-95c of the general statutes is repealed and the 109
148	148	following is substituted in lieu thereof (Effective October 1, 2020): 110
149	149	(a) At any time after a court enters a judgment of conviction [is 111
150	150	entered pursuant to section 53a-82,] for any misdemeanor offense or a 112
151	151	class C, D or E felony or any unclassified felony offense carrying a term 113
152	152	of imprisonment of not more than ten years, the defendant may apply 114
153	153	to the Superior Court to vacate [any] such judgment of conviction on the 115 Raised Bill No. 5502
154	154
155	155
156	156
157	157	LCO No. 2821 5 of 7
158	158
159	159	basis that his or her participation in the offense was a result of having 116
160	160	been a victim of conduct of another person that constitutes (1) trafficking 117
161	161	in persons under section 53a-192a, as amended by this act, or (2) a 118
162	162	criminal violation of 18 USC Chapter 77, as amended from time to time. 119
163	163	(b) Prior to rendering a decision on a defendant's application to 120
164	164	vacate any judgment of conviction, the court shall afford the prosecutor 121
165	165	a reasonable opportunity to investigate the defendant's claim and an 122
166	166	opportunity to be heard to contest the defendant's application. Any 123
167	167	person who files an application pursuant to this statute shall notify the 124
168	168	Office of Victim Services of the filing of such application. Prior to 125
169	169	granting or denying such application, the court shall consider any 126
170	170	information or statement provided by the victim of the crime for which 127
171	171	the applicant was convicted. 128
172	172	(c) If the defendant proves that he or she was a victim of trafficking 129
173	173	in persons under [said] section 53a-192a, as amended by this act, or a 130
174	174	victim of a criminal violation of [said chapter] 18 USC Chapter 77, as 131
175	175	amended from time to time, at the time of the offense, (1) the court shall 132
176	176	vacate any judgment of conviction [and dismiss any charges related to 133
177	177	the offense] pursuant to section 53a-92, and (2) the court may in its 134
178	178	discretion vacate any other judgment of conviction pursuant to an 135
179	179	application under subsection (a) of this section, and dismiss any charges 136
180	180	related to any offense vacated pursuant to subdivision (1) or (2) of this 137
181	181	subsection. 138
182	182	(d) The vacating of a judgment of conviction and dismissal of charges 139
183	183	pursuant to this section shall not constitute grounds for an award of 140
184	184	compensation for wrongful arrest, prosecution, conviction or 141
185	185	incarceration pursuant to section 54-102uu or any other provision of the 142
186	186	general statutes. 143
187	187	Sec. 5. (NEW) (Effective October 1, 2020) No operator of a hotel, motel 144
188	188	or similar lodging may offer an hourly rate for any sleeping 145
189	189	accommodation maintained by such hotel, motel or similar lodging. 146
190	190	Sec. 6. (NEW) (Effective October 1, 2020) No operator of a hotel, motel 147 Raised Bill No. 5502
191	191
192	192
193	193
194	194	LCO No. 2821 6 of 7
195	195
196	196	or similar lodging may offer any sleeping accommodation maintained 148
197	197	by such hotel, motel or similar lodging to any person without first 149
198	198	establishing such person's identity by requiring such person to present 150
199	199	such person's motor vehicle operator's license issued pursuant to section 151
200	200	14-36 of the general statutes, or any other valid form of identification 152
201	201	issued by the federal government or a state or municipal government or 153
202	202	an official passport, provided such identification includes a photograph. 154
203	203	Sec. 7. Subsection (f) of section 53a-29 of the 2020 supplement to the 155
204	204	general statutes is repealed and the following is substituted in lieu 156
205	205	thereof (Effective October 1, 2020): 157
206	206	(f) The period of probation, unless terminated sooner as provided in 158
207	207	section 53a-32, shall be not less than ten years or more than thirty-five 159
208	208	years for conviction of a violation of section 53a-70b of the general 160
209	209	statutes, revision of 1958, revised to January 1, 2019, or subdivision (2) 161
210	210	of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-71, 53a-162
211	211	72a, 53a-72b [,] or 53a-73a, subdivision (1) of subsection (a) of section 163
212	212	53a-83b if the minor victim is fifteen years of age or older, subdivision 164
213	213	(2) of subsection (a) of section 53a-86 or section 53a-90a or 53a-90b or 165
214	214	subdivision (2), (3) or (4) of subsection (a) of section 53a-189a, or section 166
215	215	53a-196, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f. 167
216	216	This act shall take effect as follows and shall amend the following
217	217	sections:
218	218
219	219	Section 1 July 1, 2020 46a-170(b)
220	220	Sec. 2 October 1, 2020 54-47a(a)
221	221	Sec. 3 October 1, 2020 53a-192a
222	222	Sec. 4 October 1, 2020 54-95c
223	223	Sec. 5 October 1, 2020 New section
224	224	Sec. 6 October 1, 2020 New section
225	225	Sec. 7 October 1, 2020 53a-29(f)
226	226
227	227	Statement of Purpose:
228	228	To (1) increase the membership in the Trafficking in Persons Council, (2)
229	229	allow certain testimony in the case of a delinquency proceeding to be Raised Bill No. 5502
230	230
231	231
232	232
233	233	LCO No. 2821 7 of 7
234	234
235	235	compelled, (3) establish an affirmative defense for trafficking in persons
236	236	in the case of a victim of trafficking, (4) redefine "sex trafficking", (5)
237	237	change the required frequency of a refresher course in human
238	238	trafficking awareness for certain professions, (6) extend vacatur relief to
239	239	a person who committed certain crimes if a conviction is based on
240	240	participation in the crime by the convicted person due to such person
241	241	being a victim of trafficking, (7) to prohibit hourly rates at lodgings and
242	242	require lodgings to establish a customer's identification before offering
243	243	accommodation to such person, and (8) authorize extended periods of
244	244	probation following convictions for certain crimes against minors.
245	245	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
246	246	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
247	247	underlined.]
248	248