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the general statutes is repealed and the following is substituted in lieu 2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