Connecticut 2021 Regular Session

Connecticut House Bill HB06657 Compare Versions

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Version 2 (New)

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3	6
4		-	House Bill No. 6657
	7	+	General Assembly Raised Bill No. 6657
	8	+	January Session, 2021
	9	+	LCO No. 5622
5	10
6		-	Public Act No. 21-103
	11	+
	12	+	Referred to Committee on JUDICIARY
	13	+
	14	+
	15	+	Introduced by:
	16	+	(JUD)
	17	+
7	18
8	19
9	20		AN ACT CONCERNING HU MAN TRAFFICKING.
10	21		Be it enacted by the Senate and House of Representatives in General
11	22		Assembly convened:
12	23
13		-	Section 1. Subsection (b) of section 46a-170 of the general statutes is
14		-	repealed and the following is substituted in lieu thereof (Effective July 1,
15		-	2021):
16		-	(b) The council shall consist of the following members: (1) The Chief
17		-	State's Attorney, or a designee; (2) the Chief Public Defender, or a
18		-	designee; (3) the Commissioner of Emergency Services and Public
19		-	Protection, or the commissioner's designee; (4) the Labor Commissioner,
20		-	or the commissioner's designee; (5) the Commissioner of Social Services,
21		-	or the commissioner's designee; (6) the Commissioner of Public Health,
22		-	or the commissioner's designee; (7) the Commissioner of Mental Health
23		-	and Addiction Services, or the commissioner's designee; (8) the
24		-	Commissioner of Children and Families, or the commissioner's
25		-	designee; (9) the Commissioner of Consumer Protection, or the
26		-	commissioner's designee; (10) the director of the Basic Training Division
27		-	of the Police Officer Standards and Training Council, or the director's
28		-	designee; (11) the Child Advocate, or the Child Advocate's designee;
29		-	(12) the Victim Advocate, or the Victim Advocate's designee; (13) a
30		-	chairperson of the Commission on Women, Children, Seniors, Equity
31		-	and Opportunity, or the chairperson's designee; (14) one representative House Bill No. 6657
	24	+	Section 1. Subsection (b) of section 46a-170 of the general statutes is 1
	25	+	repealed and the following is substituted in lieu thereof (Effective July 1, 2
	26	+	2021): 3
	27	+	(b) The council shall consist of the following members: (1) The Chief 4
	28	+	State's Attorney, or a designee; (2) the Chief Public Defender, or a 5
	29	+	designee; (3) the Commissioner of Emergency Services and Public 6
	30	+	Protection, or the commissioner's designee; (4) the Labor Commissioner, 7
	31	+	or the commissioner's designee; (5) the Commissioner of Social Services, 8
	32	+	or the commissioner's designee; (6) the Commissioner of Public Health, 9
	33	+	or the commissioner's designee; (7) the Commissioner of Mental Health 10
	34	+	and Addiction Services, or the commissioner's designee; (8) the 11
	35	+	Commissioner of Children and Families, or the commissioner's 12
	36	+	designee; (9) the Commissioner of Consumer Protection, or the 13
	37	+	commissioner's designee; (10) the director of the Basic Training Division 14
	38	+	of the Police Officer Standards and Training Council, or the director's 15
	39	+	designee; (11) the Child Advocate, or the Child Advocate's designee; 16 Raised Bill No. 6657
32	40
33		-	Public Act No. 21-103 2 of 8
34	41
35		-	of the Office of Victim Services of the Judicial Branch appointed by the
36		-	Chief Court Administrator; (15) a municipal police chief appointed by
37		-	the Connecticut Police Chiefs Association, or a designee; (16) the
38		-	Commissioner of Education, or the commissioner's designee; (17) an
39		-	adult victim of trafficking, appointed by the Governor; [and (18) ten]
40		-	(18) a judge of the Superior Court, appointed by the Chief Court
41		-	Administrator; (19) a state's attorney appointed by the Chief State's
42		-	Attorney; (20) a public defender appointed by the Chief Public
43		-	Defender; and (21) fifteen public members appointed as follows: The
44		-	Governor shall appoint [two] three members, one of whom shall
45		-	represent victims of commercial exploitation of children, [and] one of
46		-	whom shall represent sex trafficking victims who are children and one
47		-	of whom shall represent a coalition of children's advocacy centers and
48		-	multidisciplinary teams that are dedicated to serving child abuse
49		-	victims and their families, the president pro tempore of the Senate shall
50		-	appoint two members, one of whom shall represent the Connecticut
51		-	Alliance to End Sexual Violence and one of whom shall represent an
52		-	organization that provides civil legal services to low-income
53		-	individuals, the speaker of the House of Representatives shall appoint
54		-	two members, one of whom shall represent the Connecticut Coalition
55		-	Against Domestic Violence and one of whom shall represent the
56		-	Connecticut Lodging Association, the majority leader of the Senate shall
57		-	appoint [one member who] two members, one of whom shall represent
58		-	an organization that deals with behavioral health needs of women and
59		-	children and one of whom shall represent the Connecticut Coalition to
60		-	end Homelessness, the majority leader of the House of Representatives
61		-	shall appoint [one member who] two members, one of whom shall
62		-	represent an organization that advocates on social justice and human
63		-	rights issues and one of whom shall represent the Connecticut Criminal
64		-	Defense Lawyers Association, the minority leader of the Senate shall
65		-	appoint [one member who] two members, one of whom shall represent
66		-	the Connecticut Immigrant and Refugee Coalition and one of whom
67		-	shall represent massage therapists, and the minority leader of the House House Bill No. 6657
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68	45
69		-	Public Act No. 21-103 3 of 8
	46	+	(12) the Victim Advocate, or the Victim Advocate's designee; (13) a 17
	47	+	chairperson of the Commission on Women, Children, Seniors, Equity 18
	48	+	and Opportunity, or the chairperson's designee; (14) one representative 19
	49	+	of the Office of Victim Services of the Judicial Branch appointed by the 20
	50	+	Chief Court Administrator; (15) a municipal police chief appointed by 21
	51	+	the Connecticut Police Chiefs Association, or a designee; (16) the 22
	52	+	Commissioner of Education, or the commissioner's designee; (17) an 23
	53	+	adult victim of trafficking, appointed by the Governor; [and (18) ten] 24
	54	+	(18) a judge of the Superior Court, appointed by the Chief Court 25
	55	+	Administrator; (19) a state's attorney appointed by the Chief State's 26
	56	+	Attorney; (20) a public defender appointed by the Chief Public 27
	57	+	Defender; and (21) fifteen public members appointed as follows: The 28
	58	+	Governor shall appoint [two] three members, one of whom shall 29
	59	+	represent victims of commercial exploitation of children, [and] one of 30
	60	+	whom shall represent sex trafficking victims who are children and one 31
	61	+	of whom shall represent a coalition of children's advocacy centers and 32
	62	+	multidisciplinary teams that are dedicated to serving child abuse 33
	63	+	victims and their families, the president pro tempore of the Senate shall 34
	64	+	appoint two members, one of whom shall represent the Connecticut 35
	65	+	Alliance to End Sexual Violence and one of whom shall represent an 36
	66	+	organization that provides civil legal services to low-income 37
	67	+	individuals, the speaker of the House of Representatives shall appoint 38
	68	+	two members, one of whom shall represent the Connecticut Coalition 39
	69	+	Against Domestic Violence and one of whom shall represent the 40
	70	+	Connecticut Lodging Association, the majority leader of the Senate shall 41
	71	+	appoint [one member who] two members, one of whom shall represent 42
	72	+	an organization that deals with behavioral health needs of women and 43
	73	+	children and one of whom shall represent the Connecticut Coalition to 44
	74	+	end Homelessness, the majority leader of the House of Representatives 45
	75	+	shall appoint [one member who] two members, one of whom shall 46
	76	+	represent an organization that advocates on social justice and human 47
	77	+	rights issues and one of whom shall represent the Connecticut Criminal 48
	78	+	Defense Lawyers Association, the minority leader of the Senate shall 49
	79	+	appoint [one member who] two members, one of whom shall represent 50
	80	+	the Connecticut Immigrant and Refugee Coalition and one of whom 51 Raised Bill No. 6657
70	81
71		-	of Representatives shall appoint [one member who] two members, one
72		-	of whom shall represent the Motor Transport Association of
73		-	Connecticut, Inc. and one of whom shall represent an organization that
74		-	works with adult victims of trafficking.
75		-	Sec. 2. Subsection (a) of section 54-47a of the general statutes is
76		-	repealed and the following is substituted in lieu thereof (Effective October
77		-	1, 2021):
78		-	(a) Whenever in the judgment of the Chief State's Attorney, a state's
79		-	attorney or the deputy chief state's attorney, the testimony of any
80		-	witness or the production of books, papers or other evidence of any
81		-	witness [(1) in any] is necessary to the public interest in any (1) criminal
82		-	proceeding involving narcotics, arson, bribery, gambling, election law
83		-	violations, felonious crimes of violence, any violation which is an
84		-	offense under the provisions of title 22a, corruption in the executive,
85		-	legislative or judicial branch of state government or in the government
86		-	of any political subdivision of the state, fraud by a vendor of goods or
87		-	services in the medical assistance program under Title XIX of the Social
88		-	Security Act amendments of 1965, as amended, any violation of chapter
89		-	949c, or any other class A, B or C felony or unclassified felony
90		-	punishable by a term of imprisonment in excess of five years for which
91		-	the Chief State's Attorney or state's attorney demonstrates that he has
92		-	no other means of obtaining sufficient information as to whether a crime
93		-	has been committed or the identity of the person or persons who may
94		-	have committed a crime, before a court or grand jury of this state, [or]
95		-	(2) [in any] investigation conducted by an investigatory grand jury as
96		-	provided in sections 54-47b to 54-47g, inclusive, [is necessary to the
97		-	public interest,] or (3) delinquency proceeding the Chief State's
98		-	Attorney, the state's attorney, or the deputy chief state's attorney, may,
99		-	with notice to the witness, after the witness has claimed his privilege
100		-	against self-incrimination, make application to the court for an order
101		-	directing the witness to testify or produce evidence subject to the House Bill No. 6657
102	82
103		-	Public Act No. 21-103 4 of 8
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104	86
105		-	provisions of this section.
106		-	Sec. 3. Section 53a-192a of the general statutes is repealed and the
107		-	following is substituted in lieu thereof (Effective October 1, 2021):
108		-	(a) A person is guilty of trafficking in persons when such person (1)
109		-	knowingly compels or induces another person to engage in conduct
110		-	involving sexual contact with one or more third persons, or provide
111		-	labor or services that such person has a legal right to refrain from
112		-	providing, by means of (A) the use of force against such other person or
113		-	a third person, or by the threat of use of force against such other person
114		-	or a third person, (B) fraud, or (C) coercion, as provided in section 53a-
115		-	192, (2) (A) knowingly compels or induces another person [who is under
116		-	eighteen years of age] to engage in conduct involving sexual contact
117		-	with one or more third persons that constitutes sexual contact for which
118		-	such third person may be charged with a criminal offense, and (B) such
119		-	person who is compelled or induced to engage in such conduct is under
120		-	eighteen years of age, or (3) otherwise knowingly commits an act that
121		-	constitutes sex trafficking. For the purposes of this subsection, "sexual
122		-	contact" means any contact with the intimate parts of another person,
123		-	and "sex trafficking" means the recruitment, harboring, transportation
124		-	or provision of a person for the purpose of engaging in sexual conduct
125		-	with another person [for a fee] in exchange for anything of value.
126		-	(b) It shall be an affirmative defense in any prosecution or
127		-	delinquency proceeding under this section that the defendant was
128		-	under eighteen years of age and his or her participation in the offense
129		-	was a result of having been a victim of conduct of another person that
130		-	constitutes trafficking in persons in violation of subsection (a) of this
131		-	section.
132		-	[(b)] (c) Trafficking in persons is a class A felony.
133		-	Sec. 4. Section 53a-83 of the general statutes is repealed and the House Bill No. 6657
	87	+	shall represent massage therapists, and the minority leader of the House 52
	88	+	of Representatives shall appoint [one member who] two members, one 53
	89	+	of whom shall represent the Motor Transport Association of 54
	90	+	Connecticut, Inc. and one of whom shall represent an organization that 55
	91	+	works with adult victims of trafficking. 56
	92	+	Sec. 2. Subsection (a) of section 54-47a of the general statutes is 57
	93	+	repealed and the following is substituted in lieu thereof (Effective October 58
	94	+	1, 2021): 59
	95	+	(a) Whenever in the judgment of the Chief State's Attorney, a state's 60
	96	+	attorney or the deputy chief state's attorney, the testimony of any 61
	97	+	witness or the production of books, papers or other evidence of any 62
	98	+	witness [(1) in any] is necessary to the public interest in any (1) criminal 63
	99	+	proceeding involving narcotics, arson, bribery, gambling, election law 64
	100	+	violations, felonious crimes of violence, any violation which is an 65
	101	+	offense under the provisions of title 22a, corruption in the executive, 66
	102	+	legislative or judicial branch of state government or in the government 67
	103	+	of any political subdivision of the state, fraud by a vendor of goods or 68
	104	+	services in the medical assistance program under Title XIX of the Social 69
	105	+	Security Act amendments of 1965, as amended, any violation of chapter 70
	106	+	949c, or any other class A, B or C felony or unclassified felony 71
	107	+	punishable by a term of imprisonment in excess of five years for which 72
	108	+	the Chief State's Attorney or state's attorney demonstrates that he has 73
	109	+	no other means of obtaining sufficient information as to whether a crime 74
	110	+	has been committed or the identity of the person or persons who may 75
	111	+	have committed a crime, before a court or grand jury of this state, [or] 76
	112	+	(2) [in any] investigation conducted by an investigatory grand jury as 77
	113	+	provided in sections 54-47b to 54-47g, inclusive, [is necessary to the 78
	114	+	public interest,] or (3) delinquency proceeding the Chief State's 79
	115	+	Attorney, the state's attorney, or the deputy chief state's attorney, may, 80
	116	+	with notice to the witness, after the witness has claimed his privilege 81
	117	+	against self-incrimination, make application to the court for an order 82
	118	+	directing the witness to testify or produce evidence subject to the 83
	119	+	provisions of this section. 84 Raised Bill No. 6657
134	120
135		-	Public Act No. 21-103 5 of 8
136	121
137		-	following is substituted in lieu thereof (Effective October 1, 2021):
138		-	(a) A person is guilty of patronizing a prostitute when: (1) Pursuant
139		-	to a prior understanding, such person [pays a fee to] exchanges anything
140		-	of value with another person as compensation for such person or a third
141		-	person having engaged in sexual conduct with such person; (2) such
142		-	person [pays or agrees to pay a fee to] exchanges or agrees to exchange
143		-	anything of value with another person pursuant to an understanding
144		-	that [in return for such fee] such other person or a third person will
145		-	engage in sexual conduct with such person; or (3) such person solicits
146		-	or requests another person to engage in sexual conduct with such
147		-	person in [return for a fee] exchange for anything of value.
148		-	(b) Patronizing a prostitute is a class A misdemeanor and any person
149		-	found guilty shall be fined two thousand dollars.
150		-	Sec. 5. Section 53a-83b of the general statutes is repealed and the
151		-	following is substituted in lieu thereof (Effective October 1, 2021):
152		-	(a) A person is guilty of commercial sexual abuse of a minor when:
153		-	(1) Such person [pays a fee to] exchanges anything of value with a minor
154		-	or third person as compensation for a minor having engaged in sexual
155		-	conduct with such person; (2) such person [pays or agrees to pay a fee
156		-	to] exchanges or agrees to exchange anything of value with a minor or
157		-	a third person pursuant to an understanding that in return [for such fee]
158		-	the minor will engage in sexual conduct with such person; or (3) such
159		-	person solicits or requests to engage in sexual conduct with a minor, or
160		-	any other person that such person reasonably believes to be a minor, in
161		-	return for [a fee] anything of value.
162		-	(b) Except as provided in subsection (c) of this section, commercial
163		-	sexual abuse of a minor is a class B felony.
164		-	(c) Commercial sexual abuse of a minor is a class A felony if the minor
165		-	has not attained fifteen years of age. House Bill No. 6657
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166	125
167		-	Public Act No. 21-103 6 of 8
	126	+	Sec. 3. Section 53a-192a of the general statutes is repealed and the 85
	127	+	following is substituted in lieu thereof (Effective October 1, 2021): 86
	128	+	(a) A person is guilty of trafficking in persons when such person (1) 87
	129	+	knowingly compels or induces another person to engage in conduct 88
	130	+	involving sexual contact with one or more third persons, or provide 89
	131	+	labor or services that such person has a legal right to refrain from 90
	132	+	providing, by means of (A) the use of force against such other person or 91
	133	+	a third person, or by the threat of use of force against such other person 92
	134	+	or a third person, (B) fraud, or (C) coercion, as provided in section 53a-93
	135	+	192, (2) (A) knowingly compels or induces another person [who is under 94
	136	+	eighteen years of age] to engage in conduct involving sexual contact 95
	137	+	with one or more third persons that constitutes sexual contact for which 96
	138	+	such third person may be charged with a criminal offense, and (B) such 97
	139	+	person who is compelled or induced to engage in such conduct is under 98
	140	+	eighteen years of age, or (3) otherwise knowingly commits an act that 99
	141	+	constitutes sex trafficking. For the purposes of this subsection, "sexual 100
	142	+	contact" means any contact with the intimate parts of another person, 101
	143	+	and "sex trafficking" means the recruitment, harboring, transportation 102
	144	+	or provision of a person for the purpose of engaging in sexual conduct 103
	145	+	with another person [for a fee] in exchange for anything of value. 104
	146	+	(b) It shall be an affirmative defense in any prosecution or 105
	147	+	delinquency proceeding under this section that the defendant was 106
	148	+	under eighteen years of age and his or her participation in the offense 107
	149	+	was a result of having been a victim of conduct of another person that 108
	150	+	constitutes trafficking in persons in violation of subsection (a) of this 109
	151	+	section. 110
	152	+	(c) Trafficking in persons is a class A felony. 111
	153	+	Sec. 4. Section 53a-83 of the general statutes is repealed and the 112
	154	+	following is substituted in lieu thereof (Effective October 1, 2021): 113
	155	+	(a) A person is guilty of patronizing a prostitute when: (1) Pursuant 114
	156	+	to a prior understanding, such person [pays a fee to] exchanges anything 115 Raised Bill No. 6657
168	157
169		-	(d) For purposes of this section, "minor" means a person who has not
170		-	attained eighteen years of age.
171		-	Sec. 6. Section 17a-106h of the general statutes is repealed and the
172		-	following is substituted in lieu thereof (Effective October 1, 2021):
173		-	(a) The Commissioner of Children and Families, in consultation with
174		-	the Commissioner of Emergency Services and Public Protection, shall
175		-	develop an initial educational training program and refresher training
176		-	program for the accurate and prompt identification and reporting of
177		-	suspected human trafficking.
178		-	(b) The training program shall include a video presentation,
179		-	developed and approved by said commissioners, that offers awareness
180		-	of human trafficking issues and guidance to (1) law enforcement
181		-	personnel, (2) judges of the Superior Court, (3) prosecutors, (4) public
182		-	defenders and other attorneys who represent criminal defendants, (5)
183		-	hospital emergency room staff, [and] urgent care facility staff and
184		-	emergency medical services personnel who have contact with patients,
185		-	and (6) persons employed by a local or regional board of education or a
186		-	constituent unit, as defined in section 10a-1, who have contact with
187		-	students.
188		-	(c) Any person described in subsection (b) of this section shall
189		-	complete the initial educational training program not later than July 1,
190		-	2018, and shall complete the refresher training program [annually]
191		-	every three years thereafter, provided any person being employed as
192		-	such a person shall complete such initial educational training program
193		-	not later than six months after beginning such employment or July 1,
194		-	2018, whichever is later.
195		-	Sec. 7. Section 54-95c of the general statutes is repealed and the
196		-	following is substituted in lieu thereof (Effective October 1, 2021):
197		-	(a) At any time after a court enters a judgment of conviction [is House Bill No. 6657
198	158
199		-	Public Act No. 21-103 7 of 8
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200	162
201		-	entered pursuant to section 53a-82] for any misdemeanor offense or a
202		-	class C, D or E felony or any unclassified felony offense carrying a term
203		-	of imprisonment of not more than ten years, the defendant may apply
204		-	to the Superior Court to vacate [any] such judgment of conviction on the
205		-	basis that his or her participation in the offense was a result of having
206		-	been a victim of conduct of another person that constitutes (1) trafficking
207		-	in persons under section 53a-192a, as amended by this act, or (2) a
208		-	criminal violation of 18 USC Chapter 77, as amended from time to time.
209		-	[Prior to rendering a decision on a defendant's application to vacate any
210		-	judgment of conviction, the court shall afford the prosecutor a
211		-	reasonable opportunity to investigate the defendant's claim and an
212		-	opportunity to be heard to contest the defendant's application. If the
213		-	defendant proves that he or she was a victim of trafficking in persons
214		-	under said section or a victim of a criminal violation of said chapter at
215		-	the time of the offense, the court shall vacate any judgment of conviction
216		-	and dismiss any charges related to the offense. The vacating of a
217		-	judgment of conviction and dismissal of charges pursuant to this section
218		-	shall not constitute grounds for an award of compensation for wrongful
219		-	arrest, prosecution, conviction or incarceration pursuant to section 54-
220		-	102uu or any other provision of the general statutes.]
221		-	(b) Any person seeking to have a judgment vacated pursuant to this
222		-	section shall send notice by registered or certified mail on a form
223		-	prescribed by the Office of the Chief Court Administrator to any victim
224		-	of the crime for which such person was convicted. The notice shall
225		-	inform each victim that such person has applied to vacate such
226		-	conviction and the victim has the opportunity to be heard by the court
227		-	on the application.
228		-	(c) Prior to rendering a decision on a defendant's application to vacate
229		-	any judgment of conviction, the court shall afford the prosecutor a
230		-	reasonable opportunity to investigate the defendant's claim, and shall
231		-	provide the victim and the prosecutor an opportunity to be heard House Bill No. 6657
	163	+	of value with another person as compensation for such person or a third 116
	164	+	person having engaged in sexual conduct with such person; (2) such 117
	165	+	person [pays or agrees to pay a fee to] exchanges or agrees to exchange 118
	166	+	anything of value with another person pursuant to an understanding 119
	167	+	that [in return for such fee] such other person or a third person will 120
	168	+	engage in sexual conduct with such person; or (3) such person solicits 121
	169	+	or requests another person to engage in sexual conduct with such 122
	170	+	person in [return for a fee] exchange for anything of value. 123
	171	+	(b) Patronizing a prostitute is a class A misdemeanor and any person 124
	172	+	found guilty shall be fined two thousand dollars. 125
	173	+	Sec. 5. Section 53a-83b of the general statutes is repealed and the 126
	174	+	following is substituted in lieu thereof (Effective October 1, 2021): 127
	175	+	(a) A person is guilty of commercial sexual abuse of a minor when: 128
	176	+	(1) Such person [pays a fee to] exchanges anything of value with a minor 129
	177	+	or third person as compensation for a minor having engaged in sexual 130
	178	+	conduct with such person; (2) such person [pays or agrees to pay a fee 131
	179	+	to] exchanges or agrees to exchange anything of value with a minor or 132
	180	+	a third person pursuant to an understanding that in return [for such fee] 133
	181	+	the minor will engage in sexual conduct with such person; or (3) such 134
	182	+	person solicits or requests to engage in sexual conduct with a minor, or 135
	183	+	any other person that such person reasonably believes to be a minor, in 136
	184	+	return for [a fee] anything of value. 137
	185	+	(b) Except as provided in subsection (c) of this section, commercial 138
	186	+	sexual abuse of a minor is a class B felony. 139
	187	+	(c) Commercial sexual abuse of a minor is a class A felony if the minor 140
	188	+	has not attained fifteen years of age. 141
	189	+	(d) For purposes of this section, "minor" means a person who has not 142
	190	+	attained eighteen years of age. 143
	191	+	Sec. 6. Section 17a-106h of the general statutes is repealed and the 144
	192	+	following is substituted in lieu thereof (Effective October 1, 2021): 145 Raised Bill No. 6657
232	193
233		-	Public Act No. 21-103 8 of 8
234	194
235		-	regarding the defendant's application.
236		-	(d) If the defendant proves that he or she was a victim of trafficking
237		-	in persons pursuant to section 53a-192a, as amended by this act, or a
238		-	victim of a criminal violation of 18 USC Chapter 433, as amended from
239		-	time to time, at the time of any offense described in subsection (a) of this
240		-	section for which the defendant has applied for vacatur, (1) the court
241		-	shall vacate any judgment of conviction entered for a violation of section
242		-	53a-82 and dismiss the charge related to such conviction, and (2) the
243		-	court may, in its discretion, vacate any judgment of conviction entered
244		-	for any misdemeanor offense or a class C, D or E felony or any
245		-	unclassified felony offense carrying a term of imprisonment of not more
246		-	than ten years for which the defendant has applied for vacatur pursuant
247		-	to this section and shall dismiss the charge related to any such
248		-	conviction.
249		-	(e) The vacating of a judgment of conviction and dismissal of charges
250		-	pursuant to this section shall not constitute grounds for an award of
251		-	compensation for wrongful arrest, prosecution, conviction or
252		-	incarceration pursuant to section 54-102uu or any other provision of the
253		-	general statutes.
254		-	Sec. 8. (Effective from passage) Not later than January 1, 2022, the
255		-	Trafficking in Persons Council, established pursuant to section 46a-170
256		-	of the general statutes, as amended by this act, shall submit a report, in
257		-	accordance with the provisions of section 11-4a of the general statutes,
258		-	to the joint standing committee of the General Assembly having
259		-	cognizance of matters relating to the judiciary. Such report shall include
260		-	an examination of how traffickers use the Internet to groom minors for
261		-	purposes of human trafficking and sexual exploitation, and
262		-	recommendations, including for legislation, to combat such online
263		-	grooming.
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	198	+
	199	+	(a) The Commissioner of Children and Families, in consultation with 146
	200	+	the Commissioner of Emergency Services and Public Protection, shall 147
	201	+	develop an initial educational training program and refresher training 148
	202	+	program for the accurate and prompt identification and reporting of 149
	203	+	suspected human trafficking. 150
	204	+	(b) The training program shall include a video presentation, 151
	205	+	developed and approved by said commissioners, that offers awareness 152
	206	+	of human trafficking issues and guidance to (1) law enforcement 153
	207	+	personnel, (2) judges of the Superior Court, (3) prosecutors, (4) public 154
	208	+	defenders and other attorneys who represent criminal defendants, (5) 155
	209	+	hospital emergency room staff, [and] urgent care facility staff and 156
	210	+	emergency medical services personnel who have contact with patients, 157
	211	+	and (6) persons employed by a local or regional board of education or a 158
	212	+	constituent unit, as defined in section 10a-1, who have contact with 159
	213	+	students. 160
	214	+	(c) Any person described in subsection (b) of this section shall 161
	215	+	complete the initial educational training program not later than July 1, 162
	216	+	2018, and shall complete the refresher training program [annually] 163
	217	+	every three years thereafter, provided any person being employed as 164
	218	+	such a person shall complete such initial educational training program 165
	219	+	not later than six months after beginning such employment or July 1, 166
	220	+	2018, whichever is later. 167
	221	+	Sec. 7. Section 54-95c of the general statutes is repealed and the 168
	222	+	following is substituted in lieu thereof (Effective October 1, 2021): 169
	223	+	(a) At any time after a court enters a judgment of conviction, [is 170
	224	+	entered pursuant to section 53a-82,] the defendant may apply to the 171
	225	+	Superior Court to vacate [any] such judgment of conviction on the basis 172
	226	+	that his or her participation in the offense was a result of having been a 173
	227	+	victim of conduct of another person that constitutes (1) trafficking in 174
	228	+	persons under section 53a-192a, as amended by this act, or (2) a criminal 175
	229	+	violation of 18 USC Chapter 77, as amended from time to time. 176 Raised Bill No. 6657
	230	+
	231	+
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	235	+
	236	+	(b) Prior to rendering a decision on a defendant's application to 177
	237	+	vacate any judgment of conviction, the court shall afford the prosecutor 178
	238	+	a reasonable opportunity to investigate the defendant's claim and an 179
	239	+	opportunity to be heard to contest the defendant's application. Any 180
	240	+	person who files an application pursuant to this section shall notify the 181
	241	+	Office of Victim Services of the filing of such application. Prior to 182
	242	+	granting or denying such application, the court shall consider any 183
	243	+	information or statement provided by the victim of the crime for which 184
	244	+	the applicant was convicted. 185
	245	+	(c) If the defendant proves that [he or she was a victim of trafficking 186
	246	+	in persons under said section] his or her participation in the offense was 187
	247	+	a result of having been a victim of conduct of another person that 188
	248	+	constitutes trafficking in persons under section 53a-192a, as amended by 189
	249	+	this act, or a victim of a criminal violation of [said chapter at the time of 190
	250	+	the offense] 18 USC Chapter 77, as amended from time to time, the court 191
	251	+	(1) shall vacate any judgment of conviction [and dismiss any charges 192
	252	+	related to the offense] pursuant to section 53a-82, and (2) may, in its 193
	253	+	discretion, vacate any other judgment of conviction pursuant to an 194
	254	+	application under subsection (a) of this section, and dismiss any charges 195
	255	+	related to any offense vacated pursuant to subdivision (1) or (2) of this 196
	256	+	subsection. 197
	257	+	(d) The vacating of a judgment of conviction and dismissal of charges 198
	258	+	pursuant to this section shall not constitute grounds for an award of 199
	259	+	compensation for wrongful arrest, prosecution, conviction or 200
	260	+	incarceration pursuant to section 54-102uu or any other provision of the 201
	261	+	general statutes. 202
	262	+	This act shall take effect as follows and shall amend the following
	263	+	sections:
	264	+
	265	+	Section 1 July 1, 2021 46a-170(b)
	266	+	Sec. 2 October 1, 2021 54-47a(a)
	267	+	Sec. 3 October 1, 2021 53a-192a
	268	+	Sec. 4 October 1, 2021 53a-83 Raised Bill No. 6657
	269	+
	270	+
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	274	+
	275	+	Sec. 5 October 1, 2021 53a-83b
	276	+	Sec. 6 October 1, 2021 17a-106h
	277	+	Sec. 7 October 1, 2021 54-95c
	278	+
	279	+	JUD Joint Favorable
264	280