Connecticut 2024 Regular Session

Connecticut House Bill HB05262 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO 1 of 2
	4	+
	5	+	General Assembly Substitute Bill No. 5262
	6	+	February Session, 2024
1	7
2	8
3	9
4		-	Substitute House Bill No. 5262
5		-
6		-	Public Act No. 24-118
7	10
8	11
9		-	AN ACT CONCERNING ~~CHILD~~ SEXUAL ABUSE.
	12	+	AN ACT CONCERNING A SEXUAL ABUSE AND ASSAULT SURVEY.
10	13		Be it enacted by the Senate and House of Representatives in General
11	14		Assembly convened:
12	15
13		-	Section 1. Section 10-217h of the general statutes is repealed and the
14		-	following is substituted in lieu thereof (Effective July 1, 2024):
15		-	(a) For the school year commencing July 1, 2022, and biennially
16		-	thereafter, the Department of Public Health shall administer the
17		-	Connecticut School Health Survey to students in grades nine to twelve,
18		-	inclusive, provided the department receives funding from the federal
19		-	Centers for Disease Control and Prevention for such purpose. The
20		-	survey shall be based on the Youth Risk Behavior Survey developed by
21		-	the federal Centers for Disease Control and Prevention. The department
22		-	shall provide guidelines to the local or regional board of education
23		-	regarding the administration of the survey to those high schools selected
24		-	at random by the federal Centers for Disease Control and Prevention.
25		-	Such local or regional board of education shall administer the survey to
26		-	each high school selected to participate in the survey in accordance with
27		-	the guidelines provided by the department, including, but not limited
28		-	to, (1) the survey protocol as required by the federal Centers for Disease
29		-	Control and Prevention, (2) the requirement to provide parents the
30		-	opportunity to exclude their children from the survey by denying
31		-	permission in writing, on a form prescribed by the department, (3) the Substitute ~~House~~ Bill No. 5262
	16	+	Section 1. Section 10-217h of the general statutes is repealed and the 1
	17	+	following is substituted in lieu thereof (Effective July 1, 2024): 2
	18	+	(a) For the school year commencing July 1, 2022, and biennially 3
	19	+	thereafter, the Department of Public Health shall administer the 4
	20	+	Connecticut School Health Survey to students in grades nine to twelve, 5
	21	+	inclusive, provided the department receives funding from the federal 6
	22	+	Centers for Disease Control and Prevention for such purpose. The 7
	23	+	survey shall be based on the Youth Risk Behavior Survey developed by 8
	24	+	the federal Centers for Disease Control and Prevention. The department 9
	25	+	shall provide guidelines to the local or regional board of education 10
	26	+	regarding the administration of the survey to those high schools selected 11
	27	+	at random by the federal Centers for Disease Control and Prevention. 12
	28	+	Such local or regional board of education shall administer the survey to 13
	29	+	each high school selected to participate in the survey in accordance with 14
	30	+	the guidelines provided by the department, including, but not limited 15
	31	+	to, (1) the survey protocol as required by the federal Centers for Disease 16
	32	+	Control and Prevention, (2) the requirement to provide parents the 17
	33	+	opportunity to exclude their children from the survey by denying 18
	34	+	permission in writing, on a form prescribed by the department, (3) the 19 Substitute Bill No. 5262
32	35
33		-	Public Act No. 24-118 2 of 11
34	36
35		-	requirement for the survey to be anonymous and administered in a
36		-	manner designed to protect student privacy, (4) the timeframe for
37		-	completion of the survey, and (5) the process by which the results of
38		-	such survey are to be submitted to the department. On and after July 1,
39		-	2026, each administration of the Connecticut School Health Survey shall
40		-	include the sexual abuse and assault awareness prevention survey for
41		-	administrators that was created as part of the state-wide sexual abuse
42		-	and assault awareness and prevention program described in section
43		-	17a-101q. Such survey for administrators shall be distributed to and
44		-	completed by administrators of the school in which the Connecticut
45		-	School Health Survey is being administered and the results of the
46		-	administrators' surveys shall be submitted to the department at the
47		-	same time as the results of the students' surveys.
48		-	(b) The department, in consultation with the Department of Mental
49		-	Health and Addiction Services, the Department of Children and
50		-	Families, the Department of Education and any other agency or public
51		-	interest group the department deems necessary, may develop
52		-	additional survey questions to be included as part of the Connecticut
53		-	School Health Survey that are relevant to the health concerns of high
54		-	school students in the state.
55		-	Sec. 2. Subdivision (13) of section 53a-193 of the general statutes is
56		-	repealed and the following is substituted in lieu thereof (Effective October
57		-	1, 2024):
58		-	(13) ["Child pornography"] "Child sexual abuse material" means any
59		-	visual depiction including any photograph, film, videotape, picture or
60		-	computer-generated image or picture, whether made or produced by
61		-	electronic, digital, mechanical or other means, of sexually explicit
62		-	conduct, where the production of such visual depiction involves the use
63		-	of a person under sixteen years of age engaging in sexually explicit
64		-	conduct, provided whether the subject of a visual depiction was a
65		-	person under sixteen years of age at the time the visual depiction was Substitute House Bill No. 5262
	37	+	LCO 2 of 2
66	38
67		-	Public Act No. 24-118 3 of 11
	39	+	requirement for the survey to be anonymous and administered in a 20
	40	+	manner designed to protect student privacy, (4) the timeframe for 21
	41	+	completion of the survey, and (5) the process by which the results of 22
	42	+	such survey are to be submitted to the department. On and after July 1, 23
	43	+	2026, each administration of the Connecticut School Health Survey shall 24
	44	+	include the sexual abuse and assault awareness prevention survey for 25
	45	+	administrators that was created as part of the state-wide sexual abuse 26
	46	+	and assault awareness and prevention program described in section 27
	47	+	17a-101q. Such survey for administrators shall be distributed to and 28
	48	+	completed by administrators of the school in which the Connecticut 29
	49	+	School Health Survey is being administered and the results of the 30
	50	+	administrators' surveys shall be submitted to the department at the 31
	51	+	same time as the results of the students' surveys. 32
	52	+	(b) The department, in consultation with the Department of Mental 33
	53	+	Health and Addiction Services, the Department of Children and 34
	54	+	Families, the Department of Education and any other agency or public 35
	55	+	interest group the department deems necessary, may develop 36
	56	+	additional survey questions to be included as part of the Connecticut 37
	57	+	School Health Survey that are relevant to the health concerns of high 38
	58	+	school students in the state. 39
	59	+	This act shall take effect as follows and shall amend the following
	60	+	sections:
68	61
69		-	created is a question to be decided by the trier of fact.
70		-	Sec. 3. Section 53a-196c of the general statutes is repealed and the
71		-	following is substituted in lieu thereof (Effective October 1, 2024):
72		-	(a) A person is guilty of importing child [pornography] sexual abuse
73		-	material when, with intent to promote child [pornography] sexual abuse
74		-	material, such person knowingly imports or causes to be imported into
75		-	the state three or more visual depictions of child [pornography] sexual
76		-	abuse material of known content and character.
77		-	(b) Importing child [pornography] sexual abuse material is a class B
78		-	felony and any person found guilty under this section shall be sentenced
79		-	to a term of imprisonment of which five years of the sentence imposed
80		-	may not be suspended or reduced by the court.
81		-	Sec. 4. Section 53a-196d of the general statutes is repealed and the
82		-	following is substituted in lieu thereof (Effective October 1, 2024):
83		-	(a) A person is guilty of possessing child [pornography] sexual abuse
84		-	material in the first degree when such person knowingly possesses (1)
85		-	fifty or more visual depictions of child [pornography] sexual abuse
86		-	material, or (2) one or more visual depictions of child [pornography]
87		-	sexual abuse material that depict the infliction or threatened infliction
88		-	of serious physical injury, or (3) (A) a series of images in electronic,
89		-	digital or other format, which is intended to be displayed continuously,
90		-	consisting of two or more frames, or a film or videotape, consisting of
91		-	two or more frames, that depicts (i) more than one child engaging in
92		-	sexually explicit conduct, or (ii) more than one act of sexually explicit
93		-	conduct by one or more children, or (B) any combination of a (i) series
94		-	of images in electronic, digital or other format, which is intended to be
95		-	displayed continuously, (ii) film, or (iii) videotape, which series, film or
96		-	videotape each consists of two or more frames and depicts a single act
97		-	of sexually explicit conduct by one child. Substitute House Bill No. 5262
	62	+	Section 1 July 1, 2024 10-217h
98	63
99		-	Public Act No. 24-118 4 of 11
100		-
101		-	(b) In any prosecution for an offense under this section, it shall be an
102		-	affirmative defense that the acts of the defendant, if proven, would
103		-	constitute a violation of section 53a-196h, as amended by this act.
104		-	(c) Possessing child [pornography] sexual abuse material in the first
105		-	degree is a class B felony and any person found guilty under this section
106		-	shall be sentenced to a term of imprisonment of which five years of the
107		-	sentence imposed may not be suspended or reduced by the court.
108		-	Sec. 5. Section 53a-196e of the general statutes is repealed and the
109		-	following is substituted in lieu thereof (Effective October 1, 2024):
110		-	(a) A person is guilty of possessing child [pornography] sexual abuse
111		-	material in the second degree when such person knowingly possesses
112		-	(1) twenty or more but fewer than fifty visual depictions of child
113		-	[pornography] sexual abuse material, or (2) a series of images in
114		-	electronic, digital or other format, which is intended to be displayed
115		-	continuously, consisting of twenty or more frames, or a film or
116		-	videotape, consisting of twenty or more frames, that depicts a single act
117		-	of sexually explicit conduct by one child.
118		-	(b) In any prosecution for an offense under this section, it shall be an
119		-	affirmative defense that the acts of the defendant, if proven, would
120		-	constitute a violation of section 53a-196h, as amended by this act.
121		-	(c) Possessing child [pornography] sexual abuse material in the
122		-	second degree is a class C felony and any person found guilty under this
123		-	section shall be sentenced to a term of imprisonment of which two years
124		-	of the sentence imposed may not be suspended or reduced by the court.
125		-	Sec. 6. Section 53a-196f of the general statutes is repealed and the
126		-	following is substituted in lieu thereof (Effective October 1, 2024):
127		-	(a) A person is guilty of possessing child [pornography] sexual abuse
128		-	material in the third degree when such person knowingly possesses (1) Substitute House Bill No. 5262
129		-
130		-	Public Act No. 24-118 5 of 11
131		-
132		-	fewer than twenty visual depictions of child [pornography] sexual
133		-	abuse material, or (2) a series of images in electronic, digital or other
134		-	format, which is intended to be displayed continuously, consisting of
135		-	fewer than twenty frames, or a film or videotape, consisting of fewer
136		-	than twenty frames, that depicts a single act of sexually explicit conduct
137		-	by one child.
138		-	(b) In any prosecution for an offense under this section, it shall be an
139		-	affirmative defense that the acts of the defendant, if proven, would
140		-	constitute a violation of section 53a-196h, as amended by this act.
141		-	(c) Possessing child [pornography] sexual abuse material in the third
142		-	degree is a class D felony and any person found guilty under this section
143		-	shall be sentenced to a term of imprisonment of which one year of the
144		-	sentence imposed may not be suspended or reduced by the court.
145		-	Sec. 7. Section 53a-196g of the general statutes is repealed and the
146		-	following is substituted in lieu thereof (Effective October 1, 2024):
147		-	In any prosecution for a violation of section 53a-196d, as amended by
148		-	this act, 53a-196e, as amended by this act, 53a-196f, as amended by this
149		-	act, or 53a-196h, as amended by this act, it shall be an affirmative defense
150		-	that (1) the defendant (A) possessed fewer than three visual depictions,
151		-	other than a series of images in electronic, digital or other format, which
152		-	is intended to be displayed continuously, or a film or videotape, of child
153		-	[pornography] sexual abuse material, (B) did not knowingly purchase,
154		-	procure, solicit or request such visual depictions or knowingly take any
155		-	other action to cause such visual depictions to come into the defendant's
156		-	possession, and (C) promptly and in good faith, and without retaining
157		-	or allowing any person, other than a law enforcement agency, to access
158		-	any visual depiction or copy thereof, took reasonable steps to destroy
159		-	each such visual depiction or reported the matter to a law enforcement
160		-	agency and afforded that agency access to each such visual depiction, or
161		-	(2) the defendant possessed a visual depiction of a nude person under Substitute House Bill No. 5262
162		-
163		-	Public Act No. 24-118 6 of 11
164		-
165		-	sixteen years of age for a bona fide artistic, medical, scientific,
166		-	educational, religious, governmental or judicial purpose.
167		-	Sec. 8. Section 53a-196h of the general statutes is repealed and the
168		-	following is substituted in lieu thereof (Effective October 1, 2024):
169		-	(a) (1) No person who is under eighteen years of age may knowingly
170		-	possess any visual depiction of child [pornography] sexual abuse
171		-	material that the subject of such visual depiction knowingly and
172		-	voluntarily transmitted by means of an electronic communication
173		-	device to such person and in which the subject of such visual depiction
174		-	is a person under sixteen years of age.
175		-	(2) No person who is under sixteen years of age may knowingly and
176		-	voluntarily transmit by means of an electronic communication device a
177		-	visual depiction of child [pornography] sexual abuse material in which
178		-	such person is the subject of such visual depiction to another person
179		-	who is under eighteen years of age.
180		-	(b) As used in this section, ["child pornography"] "child sexual abuse
181		-	material" and "visual depiction" have the same meanings as provided in
182		-	section 53a-193, as amended by this act, and "electronic communication
183		-	device" means any electronic device that is capable of transmitting a
184		-	visual depiction, including a computer, computer network and
185		-	computer system, as those terms are defined in section 53a-250, and a
186		-	cellular or wireless telephone.
187		-	(c) Any person who violates the provisions of this section shall be
188		-	guilty of a class A misdemeanor.
189		-	Sec. 9. Section 54-86m of the general statutes is repealed and the
190		-	following is substituted in lieu thereof (Effective October 1, 2024):
191		-	Notwithstanding the provisions of section 54-86a, in any criminal
192		-	proceeding, any property or material that constitutes child Substitute House Bill No. 5262
193		-
194		-	Public Act No. 24-118 7 of 11
195		-
196		-	[pornography] sexual abuse material shall remain in the care, custody
197		-	and control of the state, and a court shall deny any request by the
198		-	defendant to copy, photograph, duplicate or otherwise reproduce any
199		-	property or material that constitutes child [pornography] sexual abuse
200		-	material provided the attorney for the state makes the property or
201		-	material reasonably available to the defendant. Such property or
202		-	material shall be deemed to be reasonably available to the defendant if
203		-	the attorney for the state provides the defendant, the defendant's
204		-	attorney or any individual the defendant may seek to qualify to furnish
205		-	expert testimony at trial, ample opportunity for inspection, viewing and
206		-	examination of the property or material at a state facility or at another
207		-	facility agreed upon by the attorney for the state and the defendant. For
208		-	the purposes of this section, ["child pornography"] "child sexual abuse
209		-	material" has the same meaning as in section 53a-193, as amended by
210		-	this act.
211		-	Sec. 10. Subdivision (2) of subsection (c) of section 19a-343 of the
212		-	general statutes is repealed and the following is substituted in lieu
213		-	thereof (Effective October 1, 2024):
214		-	(2) Promoting an obscene performance or obscene material under
215		-	section 53a-196 or 53a-196b, employing a minor in an obscene
216		-	performance under section 53a-196a, importing child [pornography]
217		-	sexual abuse material under section 53a-196c, as amended by this act,
218		-	possessing child [pornography] sexual abuse material in the first degree
219		-	under section 53a-196d, as amended by this act, possessing child
220		-	[pornography] sexual abuse material in the second degree under section
221		-	53a-196e, as amended by this act, or possessing child [pornography]
222		-	sexual abuse material in the third degree under section 53a-196f, as
223		-	amended by this act.
224		-	Sec. 11. (Effective from passage) (a) There is established a task force to
225		-	study the responsiveness of state agencies and the Judicial Branch to
226		-	issues concerning child sexual abuse. The task force shall undertake an Substitute House Bill No. 5262
227		-
228		-	Public Act No. 24-118 8 of 11
229		-
230		-	examination of state agency and Judicial Branch policies and practices
231		-	relating to and impacting children in order to identify opportunities to
232		-	detect, mitigate, prevent and effectively respond to such abuse. For the
233		-	purposes of this section, "state agency" means the Departments of
234		-	Children and Families, Public Health, Developmental Services, Social
235		-	Services, Mental Health and Addiction Services, Emergency Services
236		-	and Public Protection and Education.
237		-	(b) The task force shall consist of the following members:
238		-	(1) One appointed by the speaker of the House of Representatives,
239		-	who is a member of the joint standing committee of the General
240		-	Assembly having cognizance of matters relating to the judiciary;
241		-	(2) One appointed by the president pro tempore of the Senate, who is
242		-	a psychologist licensed pursuant to chapter 383 of the general statutes
243		-	with expertise in the treatment of children who have suffered from child
244		-	sexual abuse;
245		-	(3) One appointed by the majority leader of the House of
246		-	Representatives, who is a clinical social worker licensed pursuant to
247		-	chapter 383b of the general statutes with expertise in identifying child
248		-	sexual abuse;
249		-	(4) One appointed by the majority leader of the Senate, who is a
250		-	physician licensed pursuant to chapter 370 of the general statutes with
251		-	expertise in pediatric medicine;
252		-	(5) One appointed by the minority leader of the House of
253		-	Representatives, who is an attorney admitted to the bar of this state with
254		-	expertise in child welfare;
255		-	(6) One appointed by the minority leader of the Senate, who is a
256		-	representative of a state-wide organization dedicated to the prevention
257		-	of sexual violence; Substitute House Bill No. 5262
258		-
259		-	Public Act No. 24-118 9 of 11
260		-
261		-	(7) The Commissioner of Children and Families, or the
262		-	commissioner's designee;
263		-	(8) The Commissioner of Public Health, or the commissioner's
264		-	designee;
265		-	(9) The Commissioner of Developmental Services, or th e
266		-	commissioner's designee;
267		-	(10) The Commissioner of Social Services, or the commissioner's
268		-	designee;
269		-	(11) The Commissioner of Mental Health and Addiction Services, or
270		-	the commissioner's designee;
271		-	(12) The Commissioner of Emergency Services and Public Protection,
272		-	or the commissioner's designee;
273		-	(13) The Commissioner of Education, or the commissioner's designee;
274		-	(14) The Chief Court Administrator, or the administrator's designee;
275		-	(15) The Probate Court Administrator, or the administrator's
276		-	designee;
277		-	(16) The Chief State's Attorney, or the Chief State's Attorney's
278		-	designee;
279		-	(17) The Chief Public Defender, or the Chief Public Defender's
280		-	designee;
281		-	(18) The Child Advocate, or the Child Advocate's designee;
282		-	(19) The executive director of the Commission on Women, Children,
283		-	Seniors, Equity and Opportunity, or the executive director's designee;
284		-	(20) A member of the Trafficking in Persons Council, designated by Substitute House Bill No. 5262
285		-
286		-	Public Act No. 24-118 10 of 11
287		-
288		-	the chairperson of the council;
289		-	(21) A member of the Governor's Task Force on Justice for Abused
290		-	Children, established in accordance with the Child Abuse Prevention
291		-	and Treatment Act, 42 USC 5106c et seq., jointly designated by the
292		-	cochairpersons of the task force; and
293		-	(22) One appointed by the Governor, who is a representative of a
294		-	children's advocacy center, as defined in section 17a-106a of the general
295		-	statutes.
296		-	(c) Any member of the task force appointed under subdivision (1),
297		-	(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member
298		-	of the General Assembly.
299		-	(d) All initial appointments to the task force shall be made not later
300		-	than thirty days after the effective date of this section. Any vacancy shall
301		-	be filled by the appointing authority.
302		-	(e) The speaker of the House of Representatives and the president pro
303		-	tempore of the Senate shall select the chairpersons of the task force from
304		-	among the members of the task force. Such chairpersons shall schedule
305		-	the first meeting of the task force, which shall be held not later than sixty
306		-	days after the effective date of this section.
307		-	(f) The administrative staff of the joint standing committee of the
308		-	General Assembly having cognizance of matters relating to children
309		-	shall serve as administrative staff of the task force.
310		-	(g) Not later than July 1, 2025, the task force shall submit a report on
311		-	its findings and recommendations to the joint standing committees of
312		-	the General Assembly having cognizance of matters relating to children
313		-	and the judiciary, in accordance with the provisions of section 11-4a of
314		-	the general statutes. Such recommendations shall include, but need not
315		-	be limited to, any legislative recommendations and recommendations Substitute House Bill No. 5262
316		-
317		-	Public Act No. 24-118 11 of 11
318		-
319		-	for changes to the policies or procedures of any state agency or the
320		-	Judicial Branch that would aid such agency or said branch in the
321		-	detection, mitigation, prevention and effective response to child sexual
322		-	abuse. The task force shall terminate on the date that it submits such
323		-	report or July 1, 2025, whichever is later.
324		-	Sec. 12. (Effective from passage) Not later than January 1, 2025, the
325		-	Office of the Child Advocate shall review state agency practices and
326		-	procedures for ensuring the care and protection of minors in Probate
327		-	Court guardianship proceedings, and submit a report, in accordance
328		-	with the provisions of section 11-4a of the general statutes, to the joint
329		-	standing committees of the General Assembly having cognizance of
330		-	matters relating to children and the judiciary concerning the adequacy
331		-	of such practices and procedures. Such report shall include, but need
332		-	not be limited to, an analysis of the (1) statutory requirements applicable
333		-	to such proceedings, (2) applicable court rules and policies and quality
334		-	assurance measures, (3) practices, procedures and quality assurance
335		-	framework applicable to the work of the Department of Children and
336		-	Families in Probate Court matters, (4) training and contractual
337		-	expectations for counsel assigned to minors and guardians ad litem in
338		-	Probate Court guardianship matters, and (5) practices and procedures
339		-	for providing guardianship subsidies to eligible recipients by the
340		-	Department of Social Services and the quality assurance framework
341		-	applicable to the administration of such benefits.
	64	+	ED Joint Favorable Subst.
342	65