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General Assembly Raised Bill No. 6657
January Session, 2021
LCO No. 5622
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING HU MAN TRAFFICKING.
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repealed and the following is substituted in lieu thereof (Effective July 1, 2
2021): 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
designee; (11) the Child Advocate, or the Child Advocate's designee; 16 Raised Bill No. 6657
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(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 of the Superior Court, appointed by the Chief Court 25
Administrator; (19) a state's attorney appointed by the Chief State's 26
Attorney; (20) a public defender appointed by the Chief Public 27
Defender; and (21) fifteen public members appointed as follows: The 28
Governor shall appoint [two] three 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 and one 31
of whom shall represent a coalition of children's advocacy centers and 32
multidisciplinary teams that are dedicated to serving child abuse 33
victims and their families, the president pro tempore of the Senate shall 34
appoint two members, one of whom shall represent the Connecticut 35
Alliance to End Sexual Violence and one of whom shall represent an 36
organization that provides civil legal services to low-income 37
individuals, the speaker of the House of Representatives shall appoint 38
two members, one of whom shall represent the Connecticut Coalition 39
Against Domestic Violence and one of whom shall represent the 40
Connecticut Lodging Association, the majority leader of the Senate shall 41
appoint [one member who] two members, one of whom shall represent 42
an organization that deals with behavioral health needs of women and 43
children and one of whom shall represent the Connecticut Coalition to 44
end Homelessness, the majority leader of the House of Representatives 45
shall appoint [one member who] two members, one of whom shall 46
represent an organization that advocates on social justice and human 47
rights issues and one of whom shall represent the Connecticut Criminal 48
Defense Lawyers Association, the minority leader of the Senate shall 49
appoint [one member who] two members, one of whom shall represent 50
the Connecticut Immigrant and Refugee Coalition and one of whom 51 Raised Bill No. 6657
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shall represent massage therapists, and the minority leader of the House 52
of Representatives shall appoint [one member who] two members, one 53
of whom shall represent the Motor Transport Association of 54
Connecticut, Inc. and one of whom shall represent an organization that 55
works with adult victims of trafficking. 56
Sec. 2. Subsection (a) of section 54-47a of the general statutes is 57
repealed and the following is substituted in lieu thereof (Effective October 58
1, 2021): 59
(a) Whenever in the judgment of the Chief State's Attorney, a state's 60
attorney or the deputy chief state's attorney, the testimony of any 61
witness or the production of books, papers or other evidence of any 62
witness [(1) in any] is necessary to the public interest in any (1) criminal 63
proceeding involving narcotics, arson, bribery, gambling, election law 64
violations, felonious crimes of violence, any violation which is an 65
offense under the provisions of title 22a, corruption in the executive, 66
legislative or judicial branch of state government or in the government 67
of any political subdivision of the state, fraud by a vendor of goods or 68
services in the medical assistance program under Title XIX of the Social 69
Security Act amendments of 1965, as amended, any violation of chapter 70
949c, or any other class A, B or C felony or unclassified felony 71
punishable by a term of imprisonment in excess of five years for which 72
the Chief State's Attorney or state's attorney demonstrates that he has 73
no other means of obtaining sufficient information as to whether a crime 74
has been committed or the identity of the person or persons who may 75
have committed a crime, before a court or grand jury of this state, [or] 76
(2) [in any] investigation conducted by an investigatory grand jury as 77
provided in sections 54-47b to 54-47g, inclusive, [is necessary to the 78
public interest,] or (3) delinquency proceeding the Chief State's 79
Attorney, the state's attorney, or the deputy chief state's attorney, may, 80
with notice to the witness, after the witness has claimed his privilege 81
against self-incrimination, make application to the court for an order 82
directing the witness to testify or produce evidence subject to the 83
provisions of this section. 84 Raised Bill No. 6657
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Sec. 3. Section 53a-192a of the general statutes is repealed and the 85
following is substituted in lieu thereof (Effective October 1, 2021): 86
(a) A person is guilty of trafficking in persons when such person (1) 87
knowingly compels or induces another person to engage in conduct 88
involving sexual contact with one or more third persons, or provide 89
labor or services that such person has a legal right to refrain from 90
providing, by means of (A) the use of force against such other person or 91
a third person, or by the threat of use of force against such other person 92
or a third person, (B) fraud, or (C) coercion, as provided in section 53a-93
192, (2) (A) knowingly compels or induces another person [who is under 94
eighteen years of age] to engage in conduct involving sexual contact 95
with one or more third persons that constitutes sexual contact for which 96
such third person may be charged with a criminal offense, and (B) such 97
person who is compelled or induced to engage in such conduct is under 98
eighteen years of age, or (3) otherwise knowingly commits an act that 99
constitutes sex trafficking. For the purposes of this subsection, "sexual 100
contact" means any contact with the intimate parts of another person, 101
and "sex trafficking" means the recruitment, harboring, transportation 102
or provision of a person for the purpose of engaging in sexual conduct 103
with another person [for a fee] in exchange for anything of value. 104
(b) It shall be an affirmative defense in any prosecution or 105
delinquency proceeding under this section that the defendant was 106
under eighteen years of age and his or her participation in the offense 107
was a result of having been a victim of conduct of another person that 108
constitutes trafficking in persons in violation of subsection (a) of this 109
section. 110
(c) Trafficking in persons is a class A felony. 111
Sec. 4. Section 53a-83 of the general statutes is repealed and the 112
following is substituted in lieu thereof (Effective October 1, 2021): 113
(a) A person is guilty of patronizing a prostitute when: (1) Pursuant 114
to a prior understanding, such person [pays a fee to] exchanges anything 115
of value with another person as compensation for such person or a third 116 Raised Bill No. 6657
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person having engaged in sexual conduct with such person; (2) such 117
person [pays or agrees to pay a fee to] exchanges or agrees to exchange 118
anything of value with another person pursuant to an understanding 119
that [in return for such fee] such other person or a third person will 120
engage in sexual conduct with such person; or (3) such person solicits 121
or requests another person to engage in sexual conduct with such 122
person in [return for a fee] exchange for anything of value. 123
(b) Patronizing a prostitute is a class A misdemeanor and any person 124
found guilty shall be fined two thousand dollars. 125
Sec. 5. Section 53a-83b of the general statutes is repealed and the 126
following is substituted in lieu thereof (Effective October 1, 2021): 127
(a) A person is guilty of commercial sexual abuse of a minor when: 128
(1) Such person [pays a fee to] exchanges anything of value with a minor 129
or third person as compensation for a minor having engaged in sexual 130
conduct with such person; (2) such person [pays or agrees to pay a fee 131
to] exchanges or agrees to exchange anything of value with a minor or 132
a third person pursuant to an understanding that in return [for such fee] 133
the minor will engage in sexual conduct with such person; or (3) such 134
person solicits or requests to engage in sexual conduct with a minor, or 135
any other person that such person reasonably believes to be a minor, in 136
return for [a fee] anything of value. 137
(b) Except as provided in subsection (c) of this section, commercial 138
sexual abuse of a minor is a class B felony. 139
(c) Commercial sexual abuse of a minor is a class A felony if the minor 140
has not attained fifteen years of age. 141
(d) For purposes of this section, "minor" means a person who has not 142
attained eighteen years of age. 143
Sec. 6. Section 17a-106h of the general statutes is repealed and the 144
following is substituted in lieu thereof (Effective October 1, 2021): 145
(a) The Commissioner of Children and Families, in consultation with 146 Raised Bill No. 6657
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the Commissioner of Emergency Services and Public Protection, shall 147
develop an initial educational training program and refresher training 148
program for the accurate and prompt identification and reporting of 149
suspected human trafficking. 150
(b) The training program shall include a video presentation, 151
developed and approved by said commissioners, that offers awareness 152
of human trafficking issues and guidance to (1) law enforcement 153
personnel, (2) judges of the Superior Court, (3) prosecutors, (4) public 154
defenders and other attorneys who represent criminal defendants, (5) 155
hospital emergency room staff, [and] urgent care facility staff and 156
emergency medical services personnel who have contact with patients, 157
and (6) persons employed by a local or regional board of education or a 158
constituent unit, as defined in section 10a-1, who have contact with 159
students. 160
(c) Any person described in subsection (b) of this section shall 161
complete the initial educational training program not later than July 1, 162
2018, and shall complete the refresher training program [annually] 163
every three years thereafter, provided any person being employed as 164
such a person shall complete such initial educational training program 165
not later than six months after beginning such employment or July 1, 166
2018, whichever is later. 167
Sec. 7. Section 54-95c of the general statutes is repealed and the 168
following is substituted in lieu thereof (Effective October 1, 2021): 169
(a) At any time after a court enters a judgment of conviction, [is 170
entered pursuant to section 53a-82,] the defendant may apply to the 171
Superior Court to vacate [any] such judgment of conviction on the basis 172
that his or her participation in the offense was a result of having been a 173
victim of conduct of another person that constitutes (1) trafficking in 174
persons under section 53a-192a, as amended by this act, or (2) a criminal 175
violation of 18 USC Chapter 77, as amended from time to time. 176
(b) Prior to rendering a decision on a defendant's application to 177
vacate any judgment of conviction, the court shall afford the prosecutor 178 Raised Bill No. 6657
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a reasonable opportunity to investigate the defendant's claim and an 179
opportunity to be heard to contest the defendant's application. Any 180
person who files an application pursuant to this section shall notify the 181
Office of Victim Services of the filing of such application. Prior to 182
granting or denying such application, the court shall consider any 183
information or statement provided by the victim of the crime for which 184
the applicant was convicted. 185
(c) If the defendant proves that [he or she was a victim of trafficking 186
in persons under said section] his or her participation in the offense was 187
a result of having been a victim of conduct of another person that 188
constitutes trafficking in persons under section 53a-192a, as amended by 189
this act, or a victim of a criminal violation of [said chapter at the time of 190
the offense] 18 USC Chapter 77, as amended from time to time, the court 191
(1) shall vacate any judgment of conviction [and dismiss any charges 192
related to the offense] pursuant to section 53a-82, and (2) may, in its 193
discretion, vacate any other judgment of conviction pursuant to an 194
application under subsection (a) of this section, and dismiss any charges 195
related to any offense vacated pursuant to subdivision (1) or (2) of this 196
subsection. 197
(d) The vacating of a judgment of conviction and dismissal of charges 198
pursuant to this section shall not constitute grounds for an award of 199
compensation for wrongful arrest, prosecution, conviction or 200
incarceration pursuant to section 54-102uu or any other provision of the 201
general statutes. 202
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 46a-170(b)
Sec. 2 October 1, 2021 54-47a(a)
Sec. 3 October 1, 2021 53a-192a
Sec. 4 October 1, 2021 53a-83
Sec. 5 October 1, 2021 53a-83b
Sec. 6 October 1, 2021 17a-106h
Sec. 7 October 1, 2021 54-95c
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Statement of Purpose:
To (1) adjust the membership in the Trafficking in Persons Council, (2)
allow certain testimony in the case of a delinquency proceeding to be
compelled, (3) establish an affirmative defense for trafficking in persons
in the case of a victim of trafficking, (4) redefine "sex trafficking", (5)
modify the elements of the crimes of patronizing a prostitute and
commercial sexual abuse of a minor, (6) change the required frequency
of a refresher course in human trafficking awareness for certain
professions, and (7) 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.
[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.]