HB 7396

Version: File+No.+851+R000851+FC
Author: Judiciary Committee

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Referred to Committee on JUDICIARY

Introduced by: (JUD)

AN ACT CONCERNING PARITY BETWEEN SEXUAL ASSAULT IN THE CASE OF A SPOUSAL OR COHABITATING RELATIONSHIP AND OTHER CRIMES OF SEXUAL ASSAULT AND CONCERNING THE INVESTIGATION OF A FAMILY VIOLENCE CRIME.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

1 Section 1. Subsection (a) of section 10a-55a of the general statutes is 2 repealed and the following is substituted in lieu thereof (Effective

3October 1, 2019):

4(a) On or before October 1, 1991, and annually thereafter, each

5institution of higher education shall prepare in such manner as the

6president of the Connecticut State Colleges and Universities shall

7prescribe a uniform campus crime report concerning crimes committed

8in the immediately preceding calendar year within the geographical

9limits of the property owned or under the control of such institution.

10Such report shall be in accordance with the uniform crime reporting

11system pursuant to section 29-1c, provided such report is limited to

12those offenses included in part I of the most recently published edition

13of the Uniform Crime Reports for the United States as authorized by

14the Federal Bureau of Investigation and the United States Department

15of Justice, sexual assault under section 53a-70b of the general statutes,

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16revision of 1958, revised to January 1, 2019, committed prior to October

171, 2019, or sections 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b

18and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e

19and family violence as designated under section 46b-38h, as amended

20by this act. The state police, local police departments and special police

21forces established pursuant to section 10a-156b, as amended by this

22act, shall cooperate with institutions of higher education in preparing

23such reports. Institutions with more than one campus shall prepare

24such reports for each campus.

25Sec. 2. Subdivision (5) of subsection (a) of section 10a-55m of the

26general statutes is repealed and the following is substituted in lieu

27thereof (Effective October 1, 2019):

28(5) "Intimate partner violence" means any physical or sexual harm

29against an individual by a current or former spouse of or person in a

30dating relationship with such individual that results from any action

31by such spouse or such person that may be classified as a sexual

32assault under section 53a-70b of the general statutes, revision of 1958,

33revised to January 1, 2019, committed prior to October 1, 2019, or

34section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

35stalking under section 53a-181c, 53a-181d or 53a-181e, or family

36violence as designated under section 46b-38h, as amended by this act;

37Sec. 3. Subsection (j) of section 17a-112 of the general statutes is

38repealed and the following is substituted in lieu thereof (Effective

39October 1, 2019):

40(j) The Superior Court, upon notice and hearing as provided in

41sections 45a-716 and 45a-717, as amended by this act, may grant a

42petition filed pursuant to this section if it finds by clear and convincing

43evidence that (1) the Department of Children and Families has made

44reasonable efforts to locate the parent and to reunify the child with the

45parent in accordance with subsection (a) of section 17a-111b, unless the

46court finds in this proceeding that the parent is unable or unwilling to

47benefit from reunification efforts, except that such finding is not

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48required if the court has determined at a hearing pursuant to section

4917a-111b, or determines at trial on the petition, that such efforts are not

50required, (2) termination is in the best interest of the child, and (3) (A)

51the child has been abandoned by the parent in the sense that the parent

52has failed to maintain a reasonable degree of interest, concern or

53responsibility as to the welfare of the child; (B) the child (i) has been

54found by the Superior Court or the Probate Court to have been

55neglected, abused or uncared for in a prior proceeding, or (ii) is found

56to be neglected, abused or uncared for and has been in the custody of

57the commissioner for at least fifteen months and the parent of such

58child has been provided specific steps to take to facilitate the return of

59the child to the parent pursuant to section 46b-129 and has failed to

60achieve such degree of personal rehabilitation as would encourage the

61belief that within a reasonable time, considering the age and needs of

62the child, such parent could assume a responsible position in the life of

63the child; (C) the child has been denied, by reason of an act or acts of

64parental commission or omission including, but not limited to, sexual

65molestation or exploitation, severe physical abuse or a pattern of

66abuse, the care, guidance or control necessary for the child's physical,

67educational, moral or emotional well-being, except that nonaccidental

68or inadequately explained serious physical injury to a child shall

69constitute prima facie evidence of acts of parental commission or

70omission sufficient for the termination of parental rights; (D) there is

71no ongoing parent-child relationship, which means the relationship

72that ordinarily develops as a result of a parent having met on a day-to-

73day basis the physical, emotional, moral and educational needs of the

76detrimental to the best interest of the child; (E) the parent of a child

77under the age of seven years who is neglected, abused or uncared for,

78has failed, is unable or is unwilling to achieve such degree of personal

79rehabilitation as would encourage the belief that within a reasonable

80period of time, considering the age and needs of the child, such parent

81could assume a responsible position in the life of the child and such

82parent's parental rights of another child were previously terminated

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83pursuant to a petition filed by the Commissioner of Children and

84Families; (F) the parent has killed through deliberate, nonaccidental act

85another child of the parent or has requested, commanded, importuned,

86attempted, conspired or solicited such killing or has committed an

87assault, through deliberate, nonaccidental act that resulted in serious

91compelling a spouse or cohabitor to engage in sexual intercourse by

92the use of force or by the threat of the use of force as described in

93section 53a-70b of the general statutes, revision of 1958, revised to

94January 1, 2019, committed prior to October 1, 2019, if such act resulted

95in the conception of the child.

96Sec. 4. Subsection (c) of section 17b-749k of the general statutes is

97repealed and the following is substituted in lieu thereof (Effective

98October 1, 2019):

99(c) The commissioner shall have the discretion to refuse payments

100for child care under any financial assistance program administered by

101him or her if the person or relative providing such child care has been

102convicted in this state or any other state of a felony, as defined in

103section 53a-25, involving the use, attempted use or threatened use of

104physical force against another person, of cruelty to persons under

105section 53-20, injury or risk of injury to or impairing morals of children

106under section 53-21, abandonment of children under the age of six

107years under section 53-23 or any felony where the victim of the felony

108is a child under eighteen years of age, or of a violation of section 53a-

10970b of the general statutes, revision of 1958, revised to January 1, 2019,

110committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-

11170b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record or

112was the subject of a substantiated report of child abuse in this state or

113any other state that the commissioner reasonably believes renders the

114person or relative unsuitable to provide child care.

115Sec. 5. Subsection (a) of section 19a-87a of the general statutes is

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116repealed and the following is substituted in lieu thereof (Effective

117October 1, 2019):

118(a) The Commissioner of Early Childhood shall have the discretion

119to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a-

12082 to 19a-87, inclusive, a person to conduct, operate or maintain a child

121care center or a group child care home, as described in section 19a-77,

122or to suspend or revoke the license or take any other action set forth in

123regulation that may be adopted pursuant to section 19a-79 if, the

124person who owns, conducts, maintains or operates such center or

125home or a person employed therein in a position connected with the

126provision of care to a child receiving child care services, has been

127convicted in this state or any other state of a felony as defined in

128section 53a-25 involving the use, attempted use or threatened use of

129physical force against another person, of cruelty to persons under

130section 53-20, injury or risk of injury to or impairing morals of children

131under section 53-21, abandonment of children under the age of six

132years under section 53-23, or any felony where the victim of the felony

133is a child under eighteen years of age, or of a violation of section 53a-

13470b of the general statutes, revision of 1958, revised to January 1, 2019,

135committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-

13670b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in

137this state or any other state that the commissioner reasonably believes

138renders the person unsuitable to own, conduct, operate or maintain or

139be employed by a child care center or group child care home.

140However, no refusal of a license shall be rendered except in accordance

141with the provisions of sections 46a-79 to 46a-81, inclusive.

142Sec. 6. Subsection (a) of section 19a-87e of the general statutes is

143repealed and the following is substituted in lieu thereof (Effective

144October 1, 2019):

145(a) The Commissioner of Early Childhood may (1) refuse to license

146under section 19a-87b, a person to own, conduct, operate or maintain a

147family child care home, as defined in section 19a-77, (2) refuse to

148approve under section 19a-87b, a person to act as an assistant or

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149substitute staff member in a family child care home, as defined in

150section 19a-77, or (3) suspend or revoke the license or approval or take

151any other action that may be set forth in regulation that may be

152adopted pursuant to section 19a-79 if the person who owns, conducts,

153maintains or operates the family child care home, the person who acts

154as an assistant or substitute staff member in a family child care home, a

155person employed in such family child care home in a position

156connected with the provision of care to a child receiving child care

157services or a household member, as defined in subsection (c) of section

15819a-87b, who is sixteen years of age or older and resides therein, has

159been convicted, in this state or any other state of a felony, as defined in

160section 53a-25, involving the use, attempted use or threatened use of

161physical force against another person, or has a criminal record in this

162state or any other state that the commissioner reasonably believes

163renders the person unsuitable to own, conduct, operate or maintain or

164be employed by a family child care home, or act as an assistant or

165substitute staff member in a family child care home, or if such persons

166or a household member has been convicted in this state or any other

167state of cruelty to persons under section 53-20, injury or risk of injury

168to or impairing morals of children under section 53-21, abandonment

169of children under the age of six years under section 53-23, or any

170felony where the victim of the felony is a child under eighteen years of

171age, a violation of section 53a-70b of the general statutes, revision of

1721958, revised to January 1, 2019, committed prior to October 1, 2019, or

173section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

174illegal manufacture, distribution, sale, prescription, dispensing or

175administration under section 21a-277 or 21a-278, or illegal possession

176under section 21a-279, or if such person, a person who acts as assistant

177or substitute staff member in a family child care home or a person

178employed in such family child care home in a position connected with

179the provision of care to a child receiving child care services, either fails

180to substantially comply with the regulations adopted pursuant to

181section 19a-87b, or conducts, operates or maintains the home in a

182manner which endangers the health, safety and welfare of the children

183receiving child care services. Any refusal of a license or approval

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184pursuant to this section shall be rendered in accordance with the

185provisions of sections 46a-79 to 46a-81, inclusive. Any person whose

186license or approval has been revoked pursuant to this section shall be

187ineligible to apply for a license or approval for a period of one year

188from the effective date of revocation.

189Sec. 7. Section 19a-112b of the general statutes is repealed and the

190following is substituted in lieu thereof (Effective October 1, 2019):

191The Department of Public Health shall provide to victims of a

192sexual act constituting a violation of section 53a-70b of the general

193statutes, revision of 1958, revised to January 1, 2019, committed prior

194to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71,

19553a-72a, 53a-72b, 53a-73a or 53a-192a, regardless of whether any

196person is convicted or adjudicated delinquent for such violation, the

197 following services: (1) Counseling regarding human

198immunodeficiency virus and acquired immune deficiency syndrome;

199(2) HIV-related testing; and (3) referral service for appropriate health

200care and support services. Such services shall be provided through

201counseling and testing sites funded by the Department of Public

202Health.

203Sec. 8. Subdivision (5) of section 19a-112e of the general statutes is

204repealed and the following is substituted in lieu thereof (Effective

205October 1, 2019):

206(5) "Sexual offense" means a violation of section 53a-70b of the

207 general statutes, revision of 1958, revised to January 1, 2019,

208committed prior to October 1, 2019, or subsection (a) of section 53a-70

209[,] or section 53a-70a, [or 53a-70b,] subsection (a) of section 53a-71,

210section 53a-72a or 53a-72b, subdivision (2) of subsection (a) of section

21153a-86, subdivision (2) of subsection (a) of section 53a-87 or section

21253a-90a, 53a-196a or 53a-196b.

213Sec. 9. Subdivision (8) of section 31-57r of the general statutes is

214repealed and the following is substituted in lieu thereof (Effective

215October 1, 2019):

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216(8) "Sexual assault" means any act that constitutes a violation of

217section 53a-70b of the general statutes, revision of 1958, revised to

218January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

21953a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a;

220Sec. 10. Subsections (g) and (h) of section 45a-717 of the general

221statutes are repealed and the following is substituted in lieu thereof

222(Effective October 1, 2019):

223(g) At the adjourned hearing or at the initial hearing where no

224investigation and report has been requested, the court may approve a

225petition terminating the parental rights and may appoint a guardian of

226the person of the child, or, if the petitioner requests, the court may

227appoint a statutory parent, if it finds, upon clear and convincing

228evidence, that (1) the termination is in the best interest of the child, and

229(2) (A) the child has been abandoned by the parent in the sense that the

230parent has failed to maintain a reasonable degree of interest, concern

231or responsibility as to the welfare of the child; (B) the child has been

232denied, by reason of an act or acts of parental commission or omission,

233including, but not limited to, sexual molestation and exploitation,

234severe physical abuse or a pattern of abuse, the care, guidance or

235control necessary for the child's physical, educational, moral or

236emotional well-being. Nonaccidental or inadequately explained

237serious physical injury to a child shall constitute prima facie evidence

238 of acts of parental commission or omission sufficient for the

239termination of parental rights; (C) there is no ongoing parent-child

240relationship which is defined as the relationship that ordinarily

241develops as a result of a parent having met on a continuing, day-to-

242day basis the physical, emotional, moral and educational needs of the

243 child and to allow further time for the establishment or

244reestablishment of the parent-child relationship would be detrimental

245to the best interests of the child; (D) a child of the parent (i) was found

246by the Superior Court or the Probate Court to have been neglected,

247abused or uncared for, as those terms are defined in section 46b-120, in

248a prior proceeding, or (ii) is found to be neglected, abused or uncared

249for and has been in the custody of the commissioner for at least fifteen

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250months and such parent has been provided specific steps to take to

251facilitate the return of the child to the parent pursuant to section 46b-

252129 and has failed to achieve such degree of personal rehabilitation as

253would encourage the belief that within a reasonable time, considering

254the age and needs of the child, such parent could assume a responsible

255position in the life of the child; (E) a child of the parent, who is under

256the age of seven years is found to be neglected, abused or uncared for,

257and the parent has failed, is unable or is unwilling to achieve such

258degree of personal rehabilitation as would encourage the belief that

259within a reasonable amount of time, considering the age and needs of

260the child, such parent could assume a responsible position in the life of

261the child and such parent's parental rights of another child were

262 previously terminated pursuant to a petition filed by the

263Commissioner of Children and Families; (F) the parent has killed

264through deliberate, nonaccidental act another child of the parent or has

265requested, commanded, importuned, attempted, conspired or solicited

266such killing or has committed an assault, through deliberate,

267nonaccidental act that resulted in serious bodily injury of another child

268of the parent; (G) except as provided in subsection (h) of this section,

269the parent committed an act that constitutes sexual assault as

270described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b

271or 53a-73a or compelling a spouse or cohabitor to engage in sexual

272intercourse by the use of force or by the threat of the use of force as

273described in section 53a-70b of the general statutes, revision of 1958,

274revised to January 1, 2019, committed prior to October 1, 2019, if such

275act resulted in the conception of the child; or (H) the parent was finally

276adjudged guilty of sexual assault under section 53a-70, 53a-70a, 53a-

27770c, 53a-71, 53a-72a, 53a-72b or 53a-73a or of compelling a spouse or

278cohabitor to engage in sexual intercourse by the use of force or by the

279threat of the use of force under section 53a-70b of the general statutes,

280revision of 1958, revised to January 1, 2019, committed prior to October

2811, 2019, if such act resulted in the conception of the child.

282(h) If the petition alleges an act described in subparagraph (G) of

283subdivision (2) of subsection (g) of this section that resulted in the

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284conception of the child as a basis for termination of parental rights and

285the court determines that the respondent parent was finally adjudged

286not guilty of such act of sexual assault under section 53a-70, 53a-70a,

28753a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or

288cohabitor to engage in sexual intercourse by the use of force or by the

289threat of the use of force under section 53a-70b of the general statutes,

290revision of 1958, revised to January 1, 2019, committed prior to October

2911, 2019, the court shall transfer the case to the Superior Court and the

292clerk of the Probate Court shall transmit to the clerk of the Superior

293Court to which the case was transferred, the original files and papers

294in the case. The Superior Court, upon hearing after notice as provided

295in this section and section 45a-716, may grant the petition as provided

296in this section.

297Sec. 11. Section 46b-38h of the general statutes is repealed and the

298following is substituted in lieu thereof (Effective October 1, 2019):

299If any person is convicted of a violation of section 53a-70b of the

300 general statutes, revision of 1958, revised to January 1, 2019,

301committed prior to October 1, 2019, or section 53a-59, 53a-59a, 53a-59c,

30253a-60, 53a-60a, 53a-60b, 53a-60c, 53a-62, 53a-63, 53a-64, 53a-64aa, 53a-

30364bb, 53a-64cc, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-

30472b, 53a-181, 53a-181c, 53a-181d, 53a-181e, 53a-182, 53a-182b, 53a-183,

30553a-223, 53a-223a or 53a-223b, against a family or household member,

306as defined in section 46b-38a, the court shall include a designation that

307such conviction involved family violence on the court record for the

308purposes of criminal history record information, as defined in

309subsection (a) of section 54-142g.

310Sec. 12. Subsection (a) of section 47a-11e of the general statutes is

311repealed and the following is substituted in lieu thereof (Effective

312October 1, 2019):

313(a) Notwithstanding the provisions of this chapter and chapter 831,

314for rental agreements entered into or renewed on or after January 1,

3152011, any tenant who (1) is a victim of family violence, as defined in

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316section 46b-38a, and (2) reasonably believes it is necessary to vacate the

317dwelling unit due to fear of imminent harm to the tenant or a

318dependent of the tenant because of family violence, may terminate his

319or her rental agreement with the landlord for the dwelling unit that the

320tenant occupies without penalty or liability for the remaining term of

321the rental agreement by giving written notice to the landlord at least

322thirty days prior to the date the tenant intends to terminate the rental

323agreement. Notwithstanding the provisions of this chapter and chapter

324831, for rental agreements entered into or renewed on or after January

3251, 2014, any tenant who (A) is a victim of sexual assault under any

326provision of section 53a-70b of the general statutes, revision of 1958,

327revised to January 1, 2019, committed prior to October 1, 2019, or

328section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

329or is the parent or guardian with physical custody of a dependent who

330is the victim of sexual assault under section 53a-70c, and (B) reasonably

331believes it is necessary to vacate the dwelling unit due to fear of

332imminent harm to the tenant or a dependent of the tenant because of

333such sexual assault, may terminate his or her rental agreement with

334the landlord for the dwelling unit that the tenant occupies without

335penalty or liability for the remaining term of the rental agreement by

336giving written notice to the landlord at least thirty days prior to the

337date the tenant intends to terminate the rental agreement.

338Sec. 13. Subsection (a) of section 52-161b of the general statutes is

339repealed and the following is substituted in lieu thereof (Effective

340October 1, 2019):

341(a) A pro se litigant in any civil matter, including a habeas corpus

342proceeding, shall notify the clerk of the court if such litigant has been

343convicted of a family violence crime, as defined in section 53a-70b of

344the general statutes, revision of 1958, revised to January 1, 2019,

345committed prior to October 1, 2019, or section 46b-38a, or a violation of

346section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-

34773a, 53a-181c, 53a-181d or 53a-181e and if the subject of a subpoena to

348be issued by such litigant in such matter is the victim of the crime for

349which such litigant was convicted.

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350Sec. 14. Subsection (f) of section 53a-29 of the general statutes is

351repealed and the following is substituted in lieu thereof (Effective

352October 1, 2019):

353(f) The period of probation, unless terminated sooner as provided in

354section 53a-32, shall be not less than ten years or more than thirty-five

355years for conviction of a violation of section 53a-70b of the general

356statutes, revision of 1958, revised to January 1, 2019, committed prior

357to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21

358[,] or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-

35990a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a, or

360section 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f.

361Sec. 15. Subsection (a) of section 53a-30 of the general statutes is

362repealed and the following is substituted in lieu thereof (Effective

363October 1, 2019):

364(a) When imposing sentence of probation or conditional discharge,

365the court may, as a condition of the sentence, order that the defendant:

366(1) Work faithfully at a suitable employment or faithfully pursue a

367course of study or of vocational training that will equip the defendant

368for suitable employment; (2) undergo medical or psychiatric treatment

369and remain in a specified institution, when required for that purpose;

370(3) support the defendant's dependents and meet other family

371obligations; (4) make restitution of the fruits of the defendant's offense

372or make restitution, in an amount the defendant can afford to pay or

373provide in a suitable manner, for the loss or damage caused thereby.

374The court or the Court Support Services Division, if authorized by the

375court, may fix the amount thereof and the manner of performance, and

376the victim shall be advised by the court or the Court Support Services

377Division that restitution ordered under this section may be enforced

378pursuant to section 53a-28a; (5) if a minor, (A) reside with the minor's

379parents or in a suitable foster home, (B) attend school, and (C)

380contribute to the minor's own support in any home or foster home; (6)

381post a bond or other security for the performance of any or all

382conditions imposed; (7) refrain from violating any criminal law of the

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383United States, this state or any other state; (8) if convicted of a

384misdemeanor or a felony, other than a capital felony under the

385provisions of section 53a-54b in effect prior to April 25, 2012, a class A

386felony or a violation of section 53a-70b of the general statutes, revision

387of 1958, revised to January 1, 2019, committed prior to October 1, 2019,

388or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-

38958 [or 53a-70b] or any offense for which there is a mandatory

390minimum sentence which may not be suspended or reduced by the

391court, and any sentence of imprisonment is suspended, participate in

392 an alternate incarceration program; (9) reside in a residential

393community center or halfway house approved by the Commissioner of

394Correction, and contribute to the cost incident to such residence; (10)

395participate in a program of community service labor in accordance

396with section 53a-39c; (11) participate in a program of community

397service in accordance with section 51-181c; (12) if convicted of a

398violation of section 53a-70b of the general statutes, revision of 1958,

399revised to January 1, 2019, committed prior to October 1, 2019, or

400subdivision (2) of subsection (a) of section 53-21 [,] or section 53a-70,

40153a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, undergo specialized

402sexual offender treatment; (13) if convicted of a criminal offense

403against a victim who is a minor, a nonviolent sexual offense or a

404sexually violent offense, as defined in section 54-250, as amended by

405this act, or of a felony that the court finds was committed for a sexual

406purpose, as provided in section 54-254, register such person's

407identifying factors, as defined in section 54-250, as amended by this

408act, with the Commissioner of Emergency Services and Public

409Protection when required pursuant to section 54-251, 54-252 or 54-253,

410as the case may be; (14) be subject to electronic monitoring, which may

411include the use of a global positioning system; (15) if convicted of a

412violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l,

413participate in an anti-bias or diversity awareness program or

414participate in a program of community service designed to remedy

415damage caused by the commission of a bias crime or otherwise related

416to the defendant's violation; (16) if convicted of a violation of section

41753-247, undergo psychiatric or psychological counseling or participate

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418in an animal cruelty prevention and education program provided such

419a program exists and is available to the defendant; or (17) satisfy any

420other conditions reasonably related to the defendant's rehabilitation.

421The court shall cause a copy of any such order to be delivered to the

422defendant and to the probation officer, if any.

423Sec. 16. Section 53a-32a of the general statutes is repealed and the

424following is substituted in lieu thereof (Effective October 1, 2019):

425If a defendant who entered a plea of nolo contendere or a guilty

426plea under the Alford doctrine to a violation of subdivision (2) of

427section 53-21 of the general statutes in effect prior to October 1, 2000,

428section 53a-70b of the general statutes, revision of 1958, revised to

429January 1, 2019, committed prior to October 1, 2019, or subdivision (2)

430of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,]

43153a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual

432offender treatment as a condition of probation, becomes ineligible for

433such treatment because of such defendant's refusal to acknowledge

434that such defendant committed the act or acts charged, such defendant

435shall be deemed to be in violation of the conditions of such defendant's

436probation and be returned to court for proceedings in accordance with

437section 53a-32.

438Sec. 17. Section 53a-33 of the general statutes is repealed and the

439following is substituted in lieu thereof (Effective October 1, 2019):

440The court or sentencing judge may at any time during the period of

441probation or conditional discharge, after hearing and for good cause

442shown, terminate a sentence of probation or conditional discharge

443before the completion thereof, except a sentence of probation imposed

444for conviction of a violation of subdivision (2) of section 53-21 of the

445general statutes in effect prior to October 1, 2000, section 53a-70b of the

446 general statutes, revision of 1958, revised to January 1, 2019,

447committed prior to October 1, 2019, or subdivision (2) of subsection (a)

448of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or

44953a-72b.

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450Sec. 18. Subsection (a) of section 53a-39a of the general statutes is

451repealed and the following is substituted in lieu thereof (Effective

452October 1, 2019):

453(a) In all cases where a defendant has been convicted of a

454misdemeanor or a felony, other than a capital felony under the

455provisions of section 53a-54b in effect prior to April 25, 2012, a class A

456felony or a violation of section 53a-70b of the general statutes, revision

457of 1958, revised to January 1, 2019, committed prior to October 1, 2019,

458or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-

45958 [or 53a-70b] or any other offense for which there is a mandatory

460minimum sentence which may not be suspended or reduced by the

461court, after trial or by a plea of guilty without trial, and a term of

462imprisonment is part of a stated plea agreement or the statutory

463penalty provides for a term of imprisonment, the court may, in its

464discretion, order an assessment for placement in an alternate

465incarceration program under contract with the Judicial Department. If

466the Court Support Services Division recommends placement in an

467alternate incarceration program, it shall also submit to the court a

468proposed alternate incarceration plan. Upon completion of the

469assessment, the court shall determine whether such defendant shall be

470 ordered to participate in such program as an alternative to

471incarceration. If the court determines that the defendant shall

472participate in such program, the court shall suspend any sentence of

473 imprisonment and shall make participation in the alternate

474incarceration program a condition of probation as provided in section

47553a-30, as amended by this act.

476Sec. 19. Subsection (d) of section 53a-40 of the general statutes is

477repealed and the following is substituted in lieu thereof (Effective

478October 1, 2019):

479(d) A persistent serious sexual offender is a person, other than a

480person who qualifies as a persistent dangerous sexual offender under

481subsection (b) of this section, who qualifies as a persistent serious

482felony offender under subsection (c) of this section and the felony of

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483which such person presently stands convicted is a violation of section

48453a-70b of the general statutes, revision of 1958, revised to January 1,

4852019, committed prior to October 1, 2019, or subdivision (2) of

486subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,]

48753a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of

488section 53-21 of the general statutes, revised to January 1, 1995,

489involving sexual contact, committed prior to October 1, 1995, a

490violation of subdivision (2) of section 53-21 of the general statutes,

491committed on or after October 1, 1995, and prior to October 1, 2000, a

492violation of section 53a-70b of the general statutes, revision of 1958,

493revised to January 1, 2019, committed prior to October 1, 2019, or a

494violation of subdivision (2) of subsection (a) of section 53-21 or a

495violation of section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-

49672b.

497Sec. 20. Subsection (a) of section 53a-40e of the general statutes is

498repealed and the following is substituted in lieu thereof (Effective

499October 1, 2019):

500(a) If any person is convicted of (1) a violation of section 53a-70b of

501the general statutes, revision of 1958, revised to January 1, 2019,

502committed prior to October 1, 2019, or subdivision (1) or (2) of

503subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a,

50453a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a,

50553a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183,

506subdivision (2) of subsection (a) of section 53a-192a, section 53a-223,

50753a-223a or 53a-223b or attempt or conspiracy to violate any of said

508sections or section 53a-54a, or (2) any crime that the court determines

509constitutes a family violence crime, as defined in section 46b-38a, or

510attempt or conspiracy to commit any such crime, the court may, in

511addition to imposing the sentence authorized for the crime under

512section 53a-35a or 53a-36, if the court is of the opinion that the history

513and character and the nature and circumstances of the criminal

514conduct of such offender indicate that a standing criminal protective

515order will best serve the interest of the victim and the public, issue a

516standing criminal protective order which shall remain in effect for a

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517duration specified by the court until modified or revoked by the court

518for good cause shown. If any person is convicted of any crime not

519specified in subdivision (1) or (2) of this subsection, the court may, for

520good cause shown, issue a standing criminal protective order pursuant

521to this subsection.

522Sec. 21. Section 53a-65 of the general statutes is repealed and the

523following is substituted in lieu thereof (Effective October 1, 2019):

524As used in this part, [except section 53a-70b,] the following terms

525have the following meanings:

526(1) "Actor" means a person accused of sexual assault.

527(2) "Sexual intercourse" means vaginal intercourse, anal intercourse,

528fellatio or cunnilingus between persons regardless of sex. Its meaning

529is limited to persons not married to each other. Penetration, however

530slight, is sufficient to complete vaginal intercourse, anal intercourse or

531fellatio and does not require emission of semen. Penetration may be

532committed by an object manipulated by the actor into the genital or

533anal opening of the victim's body.

534(3) "Sexual contact" means any contact with the intimate parts of a

535person not married to the actor for the purpose of sexual gratification

536of the actor or for the purpose of degrading or humiliating such person

537or any contact of the intimate parts of the actor with a person not

538married to the actor for the purpose of sexual gratification of the actor

539or for the purpose of degrading or humiliating such person.

540(4) "Impaired because of mental disability or disease" means that a

541person suffers from a mental disability or disease which renders such

542person incapable of appraising the nature of such person's conduct.

543(5) "Mentally incapacitated" means that a person is rendered

544temporarily incapable of appraising or controlling such person's

545conduct owing to the influence of a drug or intoxicating substance

546administered to such person without such person's consent, or owing

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547to any other act committed upon such person without such person's

548consent.

549(6) "Physically helpless" means that a person is (A) unconscious, or

550(B) for any other reason, is physically unable to resist an act of sexual

551intercourse or sexual contact or to communicate unwillingness to an

552act of sexual intercourse or sexual contact.

553(7) "Use of force" means: (A) Use of a dangerous instrument; or (B)

554use of actual physical force or violence or superior physical strength

555against the victim.

556(8) "Intimate parts" means the genital area or any substance emitted

557therefrom, groin, anus or any substance emitted therefrom, inner

558thighs, buttocks or breasts.

559(9) "Psychotherapist" means a physician, psychologist, nurse,

560substance abuse counselor, social worker, clergyman, marital and

561family therapist, mental health service provider, hypnotist or other

562person, whether or not licensed or certified by the state, who performs

563or purports to perform psychotherapy.

564(10) "Psychotherapy" means the professional treatment, assessment

565or counseling of a mental or emotional illness, symptom or condition.

566(11) "Emotionally dependent" means that the nature of the patient's

567or former patient's emotional condition and the nature of the treatment

568provided by the psychotherapist are such that the psychotherapist

569knows or has reason to know that the patient or former patient is

570unable to withhold consent to sexual contact by or sexual intercourse

571with the psychotherapist.

572(12) "Therapeutic deception" means a representation by a

573psychotherapist that sexual contact by or sexual intercourse with the

574psychotherapist is consistent with or part of the patient's treatment.

575(13) "School employee" means: (A) A teacher, substitute teacher,

576school administrator, school superintendent, guidance counselor,

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577school counselor, psychologist, social worker, nurse, physician, school

578paraprofessional or coach employed by a local or regional board of

579education or a private elementary, middle or high school or working in

580a public or private elementary, middle or high school; or (B) any other

581person who, in the performance of his or her duties, has regular

582contact with students and who provides services to or on behalf of

583students enrolled in (i) a public elementary, middle or high school,

584pursuant to a contract with the local or regional board of education, or

585(ii) a private elementary, middle or high school, pursuant to a contract

586with the supervisory agent of such private school.

587Sec. 22. Subsection (b) of section 53a-67 of the general statutes is

588repealed and the following is substituted in lieu thereof (Effective

589October 1, 2019):

590(b) In any prosecution for an offense under this part, except an

591offense under section 53a-70b of the general statutes, revision of 1958,

592revised to January 1, 2019, committed prior to October 1, 2019, or

593section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, it shall be

594an affirmative defense that the defendant and the alleged victim were,

595at the time of the alleged offense, living together by mutual consent in

596a relationship of cohabitation, regardless of the legal status of their

597relationship.

598Sec. 23. Subsection (h) of section 54-56d of the general statutes is

599repealed and the following is substituted in lieu thereof (Effective

600October 1, 2019):

601(h) (1) If, at the hearing, the court finds that there is a substantial

602probability that the defendant, if provided with a course of treatment,

603will regain competency within the period of any placement order

604under this section, the court shall either (A) order placement of the

605defendant for treatment for the purpose of rendering the defendant

606competent, or (B) order placement of the defendant at a treatment

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609(2) (A) Except as provided in subparagraph (B) of this subdivision, if

610the court makes a finding pursuant to subdivision (1) of this subsection

611and does not order placement pursuant to subparagraph (A) of said

612subdivision, the court shall, on its own motion or on motion of the

613state or the defendant, order placement of the defendant in the custody

614of the Commissioner of Mental Health and Addiction Services at a

615treatment facility pending civil commitment proceedings. The

616treatment facility shall be determined by the Commissioner of Mental

617Health and Addiction Services. Such order shall: (i) Include an

618authorization for the Commissioner of Mental Health and Addiction

619Services to apply for civil commitment of such defendant pursuant to

620sections 17a-495 to 17a-528, inclusive; (ii) permit the defendant to agree

621to request voluntarily to be admitted under section 17a-506 and

622 participate voluntarily in a treatment plan prepared by the

623Commissioner of Mental Health and Addiction Services, and require

624that the defendant comply with such treatment plan; and (iii) provide

625that if the application for civil commitment is denied or not pursued

626by the Commissioner of Mental Health and Addiction Services, or if

627the defendant is unwilling or unable to comply with a treatment plan

628despite reasonable efforts of the treatment facility to encourage the

629defendant's compliance, the person in charge of the treatment facility,

630or such person's designee, shall submit a written progress report to the

631court and the defendant shall be returned to the court for a hearing

632pursuant to subsection (k) of this section. Such written progress report

633shall include the status of any civil commitment proceedings

634concerning the defendant, the defendant's compliance with the

637submitting the report and the facts upon which the findings are based,

638and any other information concerning the defendant requested by the

639court, including, but not limited to, the method of treatment or the

640type, dosage and effect of any medication the defendant is receiving.

641The Court Support Services Division shall monitor the defendant's

642compliance with any applicable provisions of such order. The period

643of placement and monitoring under such order shall not exceed the

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644period of the maximum sentence which the defendant could receive on

645conviction of the charges against such defendant, or eighteen months,

646whichever is less. If the defendant has complied with such treatment

647plan and any applicable provisions of such order, at the end of the

648period of placement and monitoring, the court shall approve the entry

649of a nolle prosequi to the charges against the defendant or shall

650dismiss such charges.

651(B) This subdivision shall not apply: (i) To any person charged with

652a class A felony, a class B felony, except a violation of section 53a-122

653that does not involve the use, attempted use or threatened use of

654physical force against another person, or a violation of section 53a-70b

655of the general statutes, revision of 1958, revised to January 1, 2019,

656committed prior to October 1, 2019, or section 14-227a or 14-227m,

657subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision

658(2) of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70,

65953a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b; (ii) to any person

660charged with a crime or motor vehicle violation who, as a result of the

661commission of such crime or motor vehicle violation, causes the death

662of another person; or (iii) unless good cause is shown, to any person

663charged with a class C felony.

664Sec. 24. Subsection (c) of section 54-56e of the general statutes is

665repealed and the following is substituted in lieu thereof (Effective

666October 1, 2019):

667(c) This section shall not be applicable: (1) To any person charged

668with (A) a class A felony, (B) a class B felony, except a violation of

669subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does

670not involve the use, attempted use or threatened use of physical force

671against another person, or a violation of subdivision (4) of subsection

672(a) of section 53a-122 that does not involve the use, attempted use or

673threatened use of physical force against another person and does not

674involve a violation by a person who is a public official, as defined in

675section 1-110, or a state or municipal employee, as defined in section 1-

676110, or (C) a violation of section 53a-70b of the general statutes,

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677revision of 1958, revised to January 1, 2019, committed prior to October

6781, 2019, or section 14-227a or 14-227m, subdivision (1) or (2) of

679subsection (a) of section 14-227n, subdivision (2) of subsection (a) of

680section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-

68171, except as provided in subdivision (5) of this subsection, 53a-72a,

68253a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a

683crime or motor vehicle violation who, as a result of the commission of

684such crime or motor vehicle violation, causes the death of another

685person, (3) to any person accused of a family violence crime as defined

686in section 46b-38a who (A) is eligible for the pretrial family violence

687education program established under section 46b-38c, or (B) has

688previously had the pretrial family violence education program

689invoked in such person's behalf, (4) to any person charged with a

690violation of section 21a-267 or 21a-279 who (A) is eligible for the

691pretrial drug education and community service program established

692under section 54-56i, or (B) has previously had the pretrial drug

693education program or the pretrial drug education and community

694service program invoked on such person's behalf, (5) unless good

695cause is shown, to (A) any person charged with a class C felony, or (B)

696any person charged with committing a violation of subdivision (1) of

697subsection (a) of section 53a-71 while such person was less than four

698years older than the other person, (6) to any person charged with a

699violation of section 9-359 or 9-359a, (7) to any person charged with a

700motor vehicle violation (A) while operating a commercial motor

701vehicle, as defined in section 14-1, or (B) who holds a commercial

702driver's license or commercial driver's instruction permit at the time of

703the violation, (8) to any person charged with a violation of subdivision

704(6) of subsection (a) of section 53a-60, or (9) to a health care provider or

705vendor participating in the state's Medicaid program charged with a

706violation of section 53a-122 or subdivision (4) of subsection (a) of

707section 53a-123.

708Sec. 25. Subdivision (2) of section 54-76b of the general statutes is

709repealed and the following is substituted in lieu thereof (Effective

710October 1, 2019):

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711(2) "Youthful offender" means a youth who (A) is charged with the

712commission of a crime which is not a class A felony or a violation of

713section 53a-70b of the general statutes, revision of 1958, revised to

714January 1, 2019, committed prior to October 1, 2019, or section 14-222a,

715subsection (a) or subdivision (1) of subsection (b) of section 14-224,

716section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection

717(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21

718or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except

719a violation involving consensual sexual intercourse or sexual contact

720between the youth and another person who is thirteen years of age or

721older but under sixteen years of age, and (B) has not previously been

722convicted of a felony in the regular criminal docket of the Superior

723Court or been previously adjudged a serious juvenile offender or

724serious juvenile repeat offender, as defined in section 46b-120.

725Sec. 26. Subsection (a) of section 54-76c of the general statutes is

726repealed and the following is substituted in lieu thereof (Effective

727October 1, 2019):

728(a) In any case where an information or complaint has been laid

729charging a defendant with the commission of a crime, and where it

730appears that the defendant is a youth, such defendant shall be

731presumed to be eligible to be adjudged a youthful offender and the

732court having jurisdiction shall, but only as to the public, order the

733court file sealed, unless such defendant (1) is charged with the

734commission of a crime which is a class A felony or a violation of

735section 53a-70b of the general statutes, revision of 1958, revised to

736January 1, 2019, committed prior to October 1, 2019, or section 14-222a,

737subsection (a) or subdivision (1) of subsection (b) of section 14-224,

738section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection

739(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21

740or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except

741a violation involving consensual sexual intercourse or sexual contact

742between the youth and another person who is thirteen years of age or

743older but under sixteen years of age, or (2) has been previously

744convicted of a felony in the regular criminal docket of the Superior

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745Court or been previously adjudged a serious juvenile offender or

746serious juvenile repeat offender, as defined in section 46b-120. Except

747as provided in subsection (b) of this section, upon motion of the

748prosecuting official, the court may order that an investigation be made

749 of such defendant under section 54-76d, for the purpose of

750determining whether such defendant is ineligible to be adjudged a

751youthful offender, provided the court file shall remain sealed, but only

752as to the public, during such investigation.

753Sec. 27. Subsection (a) of section 54-76l of the general statutes is

754repealed and the following is substituted in lieu thereof (Effective

755October 1, 2019):

756(a) The records or other information of a youth, other than a youth

757arrested for or charged with the commission of a crime which is a class

758A felony or a violation of section 53a-70b of the general statutes,

759revision of 1958, revised to January 1, 2019, committed prior to October

7601, 2019, or section 14-222a, subsection (a) or subdivision (1) of

761subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m,

762subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision

763(2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-

764 70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving

765consensual sexual intercourse or sexual contact between the youth and

766another person who is thirteen years of age or older but under sixteen

767years of age, including fingerprints, photographs and physical

768descriptions, shall be confidential and shall not be open to public

769inspection or be disclosed except as provided in this section, but such

770fingerprints, photographs and physical descriptions submitted to the

771State Police Bureau of Identification of the Division of State Police

772within the Department of Emergency Services and Public Protection at

773the time of the arrest of a person subsequently adjudged, or

774subsequently presumed or determined to be eligible to be adjudged, a

775youthful offender shall be retained as confidential matter in the files of

776the bureau and be opened to inspection only as provided in this

777section. Other data ordinarily received by the bureau, with regard to

778persons arrested for a crime, shall be forwarded to the bureau to be

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779 filed, in addition to such fingerprints, photographs and physical 780 descriptions, and be retained in the division as confidential

781information, open to inspection only as provided in this section.

782Sec. 28. Section 54-86d of the general statutes is repealed and the

783following is substituted in lieu thereof (Effective October 1, 2019):

784Any person who has been the victim of a sexual assault under

785section 53a-70b of the general statutes, revision of 1958, revised to

786January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

78753a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a,

788voyeurism under section 53a-189a, or injury or risk of injury, or

789impairing of morals under section 53-21, or of an attempt thereof, or

790family violence, as defined in section 46b-38a, shall not be required to

791divulge his or her address or telephone number during any trial or

792pretrial evidentiary hearing arising from the sexual assault, voyeurism

793or injury or risk of injury to, or impairing of morals of, a child, or

794family violence; provided the judge presiding over such legal

795proceeding finds: (1) Such information is not material to the

796proceeding, (2) the identity of the victim has been satisfactorily

797established, and (3) the current address of the victim will be made

798available to the defense in the same manner and time as such

799information is made available to the defense for other criminal

800offenses.

801Sec. 29. Section 54-86e of the general statutes is repealed and the

802following is substituted in lieu thereof (Effective October 1, 2019):

803The name and address of the victim of a sexual assault under

804section 53a-70b of the general statutes, revision of 1958, revised to

805January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

80653a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a,

807voyeurism under section 53a-189a, or injury or risk of injury, or

808impairing of morals under section 53-21, or of an attempt thereof, or

809family violence, as defined in section 46b-38a and such other

810identifying information pertaining to such victim as determined by the

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811court, shall be confidential and shall be disclosed only upon order of

812the Superior Court, except that (1) such information shall be available

813to the accused in the same manner and time as such information is

814available to persons accused of other criminal offenses, and (2) if a

815protective order is issued in a prosecution under any of said sections,

816the name and address of the victim, in addition to the information

817contained in and concerning the issuance of such order, shall be

818entered in the registry of protective orders pursuant to section 51-5c.

819Sec. 30. Subsection (a) of section 54-86j of the general statutes is

820repealed and the following is substituted in lieu thereof (Effective

821October 1, 2019):

822(a) No member of any municipal police department, the state police

823or the Division of Criminal Justice may request or require any victim of

824a sexual assault under section 53a-70b of the general statutes, revision

825of 1958, revised to January 1, 2019, committed prior to October 1, 2019,

826or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-

82773a to submit to or take a polygraph examination.

828Sec. 31. Subsection (a) of section 54-102b of the general statutes is

829repealed and the following is substituted in lieu thereof (Effective

830October 1, 2019):

831(a) Notwithstanding any provision of the general statutes, except as

832provided in subsection (b) of this section, a court entering a judgment

833of conviction or conviction of a child as delinquent for a violation of

834section 53a-70b of the general statutes, revision of 1958, revised to

835January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

83653a-70a, [53a-70b] or 53a-71 or a violation of section 53-21, 53a-72a,

83753a-72b or 53a-73a involving a sexual act, shall, at the request of the

838victim of such crime, order that the offender be tested for the presence

839of the etiologic agent for acquired immune deficiency syndrome or

840human immunodeficiency virus and that the results be disclosed to the

841victim and the offender. The test shall be performed by or at the

842direction of the Department of Correction or, in the case of a child

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843convicted as delinquent, at the direction of the Court Support Services

844Division of the Judicial Department or the Department of Children and

845Families, in consultation with the Department of Public Health.

846Sec. 32. Subsection (a) of section 54-102g of the general statutes is

847repealed and the following is substituted in lieu thereof (Effective

848October 1, 2019):

849(a) Whenever any person is arrested on or after October 1, 2011, for

850the commission of a serious felony and, prior to such arrest, has been

851convicted of a felony but has not submitted to the taking of a blood or

852other biological sample for DNA (deoxyribonucleic acid) analysis

853pursuant to this section, the law enforcement agency that arrested such

854person shall, as available resources allow, require such person to

855submit to the taking of a blood or other biological sample for DNA

856 (deoxyribonucleic acid) analysis to determine identification

857characteristics specific to the person. If the law enforcement agency

858requires such person to submit to the taking of such blood or other

859biological sample, such person shall submit to the taking of such

860sample prior to release from custody and at such time and place as the

861agency may specify. For purposes of this subsection, "serious felony"

862means a violation of section 53a-70b of the general statutes, revision of

8631958, revised to January 1, 2019, committed prior to October 1, 2019, or

864section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-

86556a, 53a-56b, 53a-57, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c,

86653a-70, 53a-70a, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-94, 53a-94a,

86753a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111, 53a-

868112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-181c.

869Sec. 33. Subsection (c) of section 54-125e of the general statutes is

870repealed and the following is substituted in lieu thereof (Effective

871October 1, 2019):

872(c) The period of special parole shall be not less than one year or

873more than ten years, except that such period may be for more than ten

874years for a person convicted of a violation of section 53a-70b of the

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875 general statutes, revision of 1958, revised to January 1, 2019,

876committed prior to October 1, 2019, or subdivision (2) of section 53-21

877of the general statutes in effect prior to October 1, 2000, subdivision (2)

878of subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,]

87953a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous

880felony offender pursuant to subsection (i) of section 53a-40 or as a

881persistent serious felony offender pursuant to subsection (k) of section

88253a-40.

883Sec. 34. Subsection (a) of section 54-125i of the general statutes is

884repealed and the following is substituted in lieu thereof (Effective

885October 1, 2019):

886(a) An inmate (1) not convicted of a crime for which there is a

887victim, as defined in section 54-201 or section 54-226, who is known by

888the Board of Pardons and Paroles, (2) whose eligibility for parole

889release is not subject to the provisions of subsection (b) of section 54-

890125a, (3) who was not convicted of a violation of section 53a-70b of the

891 general statutes, revision of 1958, revised to January 1, 2019,

892committed prior to October 1, 2019, or section 53a-55, 53a-55a, 53a-56,

89353a-56a, 53a-56b, 53a-57, 53a-58, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-

89460c, 53a-64aa, 53a-64bb, 53a-70, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-

89594a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111,

89653a-112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-

897181c, and (4) who is not otherwise prohibited from being granted

898parole for any reason, may be allowed to go at large on parole in

899accordance with the provisions of section 54-125a or section 54-125g,

900pursuant to the provisions of subsections (b) and (c) of this section.

901Sec. 35. Section 54-143c of the general statutes is repealed and the

902following is substituted in lieu thereof (Effective October 1, 2019):

903In addition to any fine, fee or cost that may be imposed pursuant to

904any provision of the general statutes, the court shall impose a fine of

905one hundred fifty-one dollars on any person who, on or after July 1,

9062004, is convicted of or pleads guilty or nolo contendere to a violation

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907of section 53a-70b of the general statutes, revision of 1958, revised to

908January 1, 2019, committed prior to October 1, 2019, or subdivision (2)

909of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,]

91053a-71, 53a-72a, 53a-72b or 53a-73a. Fines collected under this section

911shall be deposited in the sexual assault victims account established

912under section 19a-112d.

913Sec. 36. Section 54-193b of the general statutes is repealed and the

914following is substituted in lieu thereof (Effective October 1, 2019):

915Notwithstanding the provisions of sections 54-193 and 54-193a,

916there shall be no limitation of time within which a person may be

917prosecuted for a violation of section 53a-70b of the general statutes,

918revision of 1958, revised to January 1, 2019, committed prior to October

9191, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b,

920provided (1) the victim notified any police officer or state's attorney

921acting in such police officer's or state's attorney's official capacity of the

922 commission of the offense not later than five years after the

923commission of the offense, and (2) the identity of the person who

924allegedly committed the offense has been established through a DNA

925(deoxyribonucleic acid) profile comparison using evidence collected at

926the time of the commission of the offense.

927Sec. 37. Subsections (d) and (e) of section 54-209 of the general

928statutes are repealed and the following is substituted in lieu thereof

929(Effective October 1, 2019):

930(d) In instances where a violation of section 53a-70b of the general

931statutes, revision of 1958, revised to January 1, 2019, committed prior

932to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c,

93353a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82 or 53a-192a has been alleged,

934the Office of Victim Services or, on review, a victim compensation

935commissioner, may order compensation be paid if (1) the personal

936injury has been disclosed to: (A) A physician or surgeon licensed

937under chapter 370; (B) a resident physician or intern in any hospital in

938this state, whether or not licensed; (C) a physician assistant licensed

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939under chapter 370; (D) an advanced practice registered nurse,

940registered nurse or practical nurse licensed under chapter 378; (E) a

941psychologist licensed under chapter 383; (F) a police officer; (G) a

942mental health professional; (H) an emergency medical services

943provider licensed or certified under chapter 368d; (I) an alcohol and

944drug counselor licensed or certified under chapter 376b; (J) a marital

945and family therapist licensed under chapter 383a; (K) a domestic

946violence counselor or a sexual assault counselor, as defined in section

94752-146k; (L) a professional counselor licensed under chapter 383c; (M)

948a clinical social worker licensed under chapter 383b; (N) an employee

949of the Department of Children and Families; or (O) a school principal,

950a school teacher, a school guidance counselor or a school counselor,

951and (2) the office or commissioner, as the case may be, reasonably

952concludes that a violation of any of said sections has occurred.

953(e) In instances where a violation of section 53a-70b of the general

954statutes, revision of 1958, revised to January 1, 2019, committed prior

955to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c,

95653a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82, 53a-192a or family violence,

957as defined in section 46b-38a, has been alleged, the Office of Victim

958Services or, on review, a victim compensation commissioner, may also

959order the payment of compensation under sections 54-201 to 54-218,

960inclusive, for personal injury suffered by a victim (1) as reported in an

961application for a restraining order under section 46b-15 or an

962application for a civil protection order under section 46b-16a, an

963affidavit supporting an application under section 46b-15 or section

96446b-16a, or on the record to the court, provided such restraining order

965or civil protection order was granted in the Superior Court following a

966hearing; or (2) as disclosed to a domestic violence counselor or a sexual

967assault counselor, as such terms are defined in section 52-146k.

968Sec. 38. Subdivision (14) of section 54-240 of the general statutes is

969repealed and the following is substituted in lieu thereof (Effective

970October 1, 2019):

971(14) "Sexual assault" means any act that constitutes a violation of

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972section 53a-70b of the general statutes, revision of 1958, revised to

973January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

97453a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a; and

975Sec. 39. Subdivision (11) of section 54-250 of the general statutes is

976repealed and the following is substituted in lieu thereof (Effective

977October 1, 2019):

978(11) "Sexually violent offense" means (A) a violation of section 53a-

97970b of the general statutes, revision of 1958, revised to January 1, 2019,

980committed prior to October 1, 2019, or section 53a-70, except

981subdivision (2) of subsection (a) of said section, 53a-70a, [53a-70b,] 53a-

98271, except subdivision (1), (4), (8) or (10) or subparagraph (B) of

983subdivision (9) of subsection (a) of said section or subparagraph (A) of

984subdivision (9) of subsection (a) of said section if the court makes a

985finding that, at the time of the offense, the victim was under eighteen

986years of age, 53a-72a, except subdivision (2) of subsection (a) of said

987section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court

988makes a finding that the offense was committed with intent to sexually

989violate or abuse the victim, (B) a violation of any of the offenses

990specified in subparagraph (A) of this subdivision for which a person is

991criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a

992violation of any predecessor statute to any of the offenses specified in

993subparagraph (A) or (B) of this subdivision the essential elements of

994which are substantially the same as said offense.

995Sec. 40. Subsections (a) to (c), inclusive, of section 54-255 of the

996general statutes are repealed and the following is substituted in lieu

997thereof (Effective October 1, 2019):

998(a) Upon the conviction or finding of not guilty by reason of mental

999disease or defect of any person for a violation of section 53a-70b of the

1000 general statutes, revision of 1958, revised to January 1, 2019, 1001 committed prior to October 1, 2019, the court may order the 1002 Department of Emergency Services and Public Protection to restrict the 1003 dissemination of the registration information to law enforcement

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1004 purposes only and to not make such information available for public 1005 access, provided the court finds that dissemination of the registration 1006 information is not required for public safety and that publication of the 1007 registration information would be likely to reveal the identity of the 1008 victim within the community where the victim resides. The court shall 1009 remove the restriction on the dissemination of such registration 1010 information if, at any time, the court finds that public safety requires 1011 that such person's registration information be made available to the 1012 public or that a change of circumstances makes publication of such 1013 registration information no longer likely to reveal the identity of the 1014 victim within the community where the victim resides. Prior to 1015 ordering or removing the restriction on the dissemination of such 1016 person's registration information, the court shall consider any 1017 information or statements provided by the victim.

1018 (b) Upon the conviction or finding of not guilty by reason of mental 1019 disease or defect of any person of a criminal offense against a victim 1020 who is a minor, a nonviolent sexual offense or a sexually violent 1021 offense, where the victim of such offense was, at the time of the 1022 offense, under eighteen years of age and related to such person within 1023 any of the degrees of kindred specified in section 46b-21, the court may 1024 order the Department of Emergency Services and Public Protection to 1025 restrict the dissemination of the registration information to law 1026 enforcement purposes only and to not make such information 1027 available for public access, provided the court finds that dissemination 1028 of the registration information is not required for public safety and that 1029 publication of the registration information would be likely to reveal 1030 the identity of the victim within the community where the victim 1031 resides. The court shall remove the restriction on the dissemination of 1032 such registration information if, at any time, it finds that public safety 1033 requires that such person's registration information be made available 1034 to the public or that a change in circumstances makes publication of 1035 the registration information no longer likely to reveal the identity of 1036 the victim within the community where the victim resides.

1037 (c) Any person who: (1) Has been convicted or found not guilty by

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1038 reason of mental disease or defect of a violation of subdivision (1) of 1039 subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1040 1999, and was under nineteen years of age at the time of the offense; (2) 1041 has been convicted or found not guilty by reason of mental disease or 1042 defect of a violation of subdivision (2) of subsection (a) of section 53a- 1043 73a between October 1, 1988, and June 30, 1999; (3) has been convicted 1044 or found not guilty by reason of mental disease or defect of a criminal 1045 offense against a victim who is a minor, a nonviolent sexual offense or 1046 a sexually violent offense, between October 1, 1988, and June 30, 1999, 1047 where the victim of such offense was, at the time of the offense, under 1048 eighteen years of age and related to such person within any of the 1049 degrees of kindred specified in section 46b-21; (4) has been convicted 1050 or found not guilty by reason of mental disease or defect of a violation 1051 of section 53a-70b of the general statutes, revision of 1958, revised to 1052 January 1, 2019, committed prior to October 1, 2019, between October 1053 1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty 1054 by reason of mental disease or defect of any crime between October 1, 1055 1988, and September 30, 1998, which requires registration under 1056 sections 54-250 to 54-258a, inclusive, as amended by this act, and (A) 1057 served no jail or prison time as a result of such conviction or finding of 1058 not guilty by reason of mental disease or defect, (B) has not been 1059 subsequently convicted or found not guilty by reason of mental 1060 disease or defect of any crime which would require registration under 1061 sections 54-250 to 54-258a, inclusive, as amended by this act, and (C) 1062 has registered with the Department of Emergency Services and Public 1063 Protection in accordance with sections 54-250 to 54-258a, inclusive, as 1064 amended by this act; may petition the court to order the Department of 1065 Emergency Services and Public Protection to restrict the dissemination 1066 of the registration information to law enforcement purposes only and 1067 to not make such information available for public access. Any person 1068 who files such a petition shall, pursuant to subsection (b) of section 54- 1069 227, notify the Office of Victim Services and the Victim Services Unit 1070 within the Department of Correction of the filing of such petition. The 1071 Office of Victim Services or the Victim Services Unit within the 1072 Department of Correction, or both, shall, pursuant to section 54-230 or

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1073 54-230a, notify any victim who has requested notification pursuant to 1074 subsection (b) of section 54-228 of the filing of such petition. Prior to 1075 granting or denying such petition, the court shall consider any 1076 information or statements provided by the victim. The court may order 1077 the Department of Emergency Services and Public Protection to restrict 1078 the dissemination of the registration information to law enforcement 1079 purposes only and to not make such information available for public 1080 access, provided the court finds that dissemination of the registration 1081 information is not required for public safety.

1082 Sec. 41. Subsection (a) of section 54-260 of the general statutes is 1083 repealed and the following is substituted in lieu thereof (Effective

1084 October 1, 2019):

1085 (a) For the purposes of this section, "sexual offender" means any 1086 person convicted of a violation of section 53a-70b of the general 1087 statutes, revision of 1958, revised to January 1, 2019, committed prior 1088 to October 1, 2019, or subdivision (2) of section 53-21 of the general 1089 statutes in effect prior to October 1, 2000, or subdivision (2) of 1090 subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 1091 53a-71, 53a-72a or 53a-72b committed on or after October 1, 1995.

1092 Sec. 42. Subsection (j) of section 46b-38b of the general statutes is 1093 repealed and the following is substituted in lieu thereof (Effective July

1094 1, 2019):

1095 (j) The provisions of this section shall not apply to persons who are 1096 (1) attending an institution of higher education and presently residing 1097 together in on-campus housing [, provided such persons are not in a 1098 dating relationship] or in off-campus housing that is owned, managed 1099 or operated by the institution of higher education or its agent, 1100 provided such persons are not family or household members as 1101 defined in subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of 1102 section 46b-38a, and (2) presently residing in a dwelling unit, as 1103 defined in section 47a-1, and making payments pursuant to a rental 1104 agreement, as defined in section 47a-1, provided such persons are not

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1105 [in a dating relationship] family or household members as defined in 1106 subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of section 46b- 1107 38a.

1108 Sec. 43. Section 53a-70b of the general statutes is repealed. (Effective 1109 October 1, 2019)

Statement of Purpose:

To repeal section 53a-70b of the general statutes concerning sexual assault in a spousal or cohabitating relationship and to make conforming changes.

[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.]

HB 7396

Version: File+No.+851+R000851+FC
Author: Judiciary Committee

Created by BCL easyConverter SDK 5 (HTML Version)

Referred to Committee on JUDICIARY

Introduced by: (JUD)

AN ACT CONCERNING PARITY BETWEEN SEXUAL ASSAULT IN THE CASE OF A SPOUSAL OR COHABITATING RELATIONSHIP AND OTHER CRIMES OF SEXUAL ASSAULT AND CONCERNING THE INVESTIGATION OF A FAMILY VIOLENCE CRIME.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

1 Section 1. Subsection (a) of section 10a-55a of the general statutes is 2 repealed and the following is substituted in lieu thereof (Effective

3October 1, 2019):

4(a) On or before October 1, 1991, and annually thereafter, each

5institution of higher education shall prepare in such manner as the

6president of the Connecticut State Colleges and Universities shall

7prescribe a uniform campus crime report concerning crimes committed

8in the immediately preceding calendar year within the geographical

9limits of the property owned or under the control of such institution.

10Such report shall be in accordance with the uniform crime reporting

11system pursuant to section 29-1c, provided such report is limited to

12those offenses included in part I of the most recently published edition

13of the Uniform Crime Reports for the United States as authorized by

14the Federal Bureau of Investigation and the United States Department

15of Justice, sexual assault under section 53a-70b of the general statutes,

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16revision of 1958, revised to January 1, 2019, committed prior to October

171, 2019, or sections 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b

18and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e

19and family violence as designated under section 46b-38h, as amended

20by this act. The state police, local police departments and special police

21forces established pursuant to section 10a-156b, as amended by this

22act, shall cooperate with institutions of higher education in preparing

23such reports. Institutions with more than one campus shall prepare

24such reports for each campus.

25Sec. 2. Subdivision (5) of subsection (a) of section 10a-55m of the

26general statutes is repealed and the following is substituted in lieu

27thereof (Effective October 1, 2019):

28(5) "Intimate partner violence" means any physical or sexual harm

29against an individual by a current or former spouse of or person in a

30dating relationship with such individual that results from any action

31by such spouse or such person that may be classified as a sexual

32assault under section 53a-70b of the general statutes, revision of 1958,

33revised to January 1, 2019, committed prior to October 1, 2019, or

34section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

35stalking under section 53a-181c, 53a-181d or 53a-181e, or family

36violence as designated under section 46b-38h, as amended by this act;

37Sec. 3. Subsection (j) of section 17a-112 of the general statutes is

38repealed and the following is substituted in lieu thereof (Effective

39October 1, 2019):

40(j) The Superior Court, upon notice and hearing as provided in

41sections 45a-716 and 45a-717, as amended by this act, may grant a

42petition filed pursuant to this section if it finds by clear and convincing

43evidence that (1) the Department of Children and Families has made

44reasonable efforts to locate the parent and to reunify the child with the

45parent in accordance with subsection (a) of section 17a-111b, unless the

46court finds in this proceeding that the parent is unable or unwilling to

47benefit from reunification efforts, except that such finding is not

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48required if the court has determined at a hearing pursuant to section

4917a-111b, or determines at trial on the petition, that such efforts are not

50required, (2) termination is in the best interest of the child, and (3) (A)

51the child has been abandoned by the parent in the sense that the parent

52has failed to maintain a reasonable degree of interest, concern or

53responsibility as to the welfare of the child; (B) the child (i) has been

54found by the Superior Court or the Probate Court to have been

55neglected, abused or uncared for in a prior proceeding, or (ii) is found

56to be neglected, abused or uncared for and has been in the custody of

57the commissioner for at least fifteen months and the parent of such

58child has been provided specific steps to take to facilitate the return of

59the child to the parent pursuant to section 46b-129 and has failed to

60achieve such degree of personal rehabilitation as would encourage the

61belief that within a reasonable time, considering the age and needs of

62the child, such parent could assume a responsible position in the life of

63the child; (C) the child has been denied, by reason of an act or acts of

64parental commission or omission including, but not limited to, sexual

65molestation or exploitation, severe physical abuse or a pattern of

66abuse, the care, guidance or control necessary for the child's physical,

67educational, moral or emotional well-being, except that nonaccidental

68or inadequately explained serious physical injury to a child shall

69constitute prima facie evidence of acts of parental commission or

70omission sufficient for the termination of parental rights; (D) there is

71no ongoing parent-child relationship, which means the relationship

72that ordinarily develops as a result of a parent having met on a day-to-

73day basis the physical, emotional, moral and educational needs of the

76detrimental to the best interest of the child; (E) the parent of a child

77under the age of seven years who is neglected, abused or uncared for,

78has failed, is unable or is unwilling to achieve such degree of personal

79rehabilitation as would encourage the belief that within a reasonable

80period of time, considering the age and needs of the child, such parent

81could assume a responsible position in the life of the child and such

82parent's parental rights of another child were previously terminated

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83pursuant to a petition filed by the Commissioner of Children and

84Families; (F) the parent has killed through deliberate, nonaccidental act

85another child of the parent or has requested, commanded, importuned,

86attempted, conspired or solicited such killing or has committed an

87assault, through deliberate, nonaccidental act that resulted in serious

91compelling a spouse or cohabitor to engage in sexual intercourse by

92the use of force or by the threat of the use of force as described in

93section 53a-70b of the general statutes, revision of 1958, revised to

94January 1, 2019, committed prior to October 1, 2019, if such act resulted

95in the conception of the child.

96Sec. 4. Subsection (c) of section 17b-749k of the general statutes is

97repealed and the following is substituted in lieu thereof (Effective

98October 1, 2019):

99(c) The commissioner shall have the discretion to refuse payments

100for child care under any financial assistance program administered by

101him or her if the person or relative providing such child care has been

102convicted in this state or any other state of a felony, as defined in

103section 53a-25, involving the use, attempted use or threatened use of

104physical force against another person, of cruelty to persons under

105section 53-20, injury or risk of injury to or impairing morals of children

106under section 53-21, abandonment of children under the age of six

107years under section 53-23 or any felony where the victim of the felony

108is a child under eighteen years of age, or of a violation of section 53a-

10970b of the general statutes, revision of 1958, revised to January 1, 2019,

110committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-

11170b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record or

112was the subject of a substantiated report of child abuse in this state or

113any other state that the commissioner reasonably believes renders the

114person or relative unsuitable to provide child care.

115Sec. 5. Subsection (a) of section 19a-87a of the general statutes is

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116repealed and the following is substituted in lieu thereof (Effective

117October 1, 2019):

118(a) The Commissioner of Early Childhood shall have the discretion

119to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a-

12082 to 19a-87, inclusive, a person to conduct, operate or maintain a child

121care center or a group child care home, as described in section 19a-77,

122or to suspend or revoke the license or take any other action set forth in

123regulation that may be adopted pursuant to section 19a-79 if, the

124person who owns, conducts, maintains or operates such center or

125home or a person employed therein in a position connected with the

126provision of care to a child receiving child care services, has been

127convicted in this state or any other state of a felony as defined in

128section 53a-25 involving the use, attempted use or threatened use of

129physical force against another person, of cruelty to persons under

130section 53-20, injury or risk of injury to or impairing morals of children

131under section 53-21, abandonment of children under the age of six

132years under section 53-23, or any felony where the victim of the felony

133is a child under eighteen years of age, or of a violation of section 53a-

13470b of the general statutes, revision of 1958, revised to January 1, 2019,

135committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-

13670b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in

137this state or any other state that the commissioner reasonably believes

138renders the person unsuitable to own, conduct, operate or maintain or

139be employed by a child care center or group child care home.

140However, no refusal of a license shall be rendered except in accordance

141with the provisions of sections 46a-79 to 46a-81, inclusive.

142Sec. 6. Subsection (a) of section 19a-87e of the general statutes is

143repealed and the following is substituted in lieu thereof (Effective

144October 1, 2019):

145(a) The Commissioner of Early Childhood may (1) refuse to license

146under section 19a-87b, a person to own, conduct, operate or maintain a

147family child care home, as defined in section 19a-77, (2) refuse to

148approve under section 19a-87b, a person to act as an assistant or

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149substitute staff member in a family child care home, as defined in

150section 19a-77, or (3) suspend or revoke the license or approval or take

151any other action that may be set forth in regulation that may be

152adopted pursuant to section 19a-79 if the person who owns, conducts,

153maintains or operates the family child care home, the person who acts

154as an assistant or substitute staff member in a family child care home, a

155person employed in such family child care home in a position

156connected with the provision of care to a child receiving child care

157services or a household member, as defined in subsection (c) of section

15819a-87b, who is sixteen years of age or older and resides therein, has

159been convicted, in this state or any other state of a felony, as defined in

160section 53a-25, involving the use, attempted use or threatened use of

161physical force against another person, or has a criminal record in this

162state or any other state that the commissioner reasonably believes

163renders the person unsuitable to own, conduct, operate or maintain or

164be employed by a family child care home, or act as an assistant or

165substitute staff member in a family child care home, or if such persons

166or a household member has been convicted in this state or any other

167state of cruelty to persons under section 53-20, injury or risk of injury

168to or impairing morals of children under section 53-21, abandonment

169of children under the age of six years under section 53-23, or any

170felony where the victim of the felony is a child under eighteen years of

171age, a violation of section 53a-70b of the general statutes, revision of

1721958, revised to January 1, 2019, committed prior to October 1, 2019, or

173section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

174illegal manufacture, distribution, sale, prescription, dispensing or

175administration under section 21a-277 or 21a-278, or illegal possession

176under section 21a-279, or if such person, a person who acts as assistant

177or substitute staff member in a family child care home or a person

178employed in such family child care home in a position connected with

179the provision of care to a child receiving child care services, either fails

180to substantially comply with the regulations adopted pursuant to

181section 19a-87b, or conducts, operates or maintains the home in a

182manner which endangers the health, safety and welfare of the children

183receiving child care services. Any refusal of a license or approval

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184pursuant to this section shall be rendered in accordance with the

185provisions of sections 46a-79 to 46a-81, inclusive. Any person whose

186license or approval has been revoked pursuant to this section shall be

187ineligible to apply for a license or approval for a period of one year

188from the effective date of revocation.

189Sec. 7. Section 19a-112b of the general statutes is repealed and the

190following is substituted in lieu thereof (Effective October 1, 2019):

191The Department of Public Health shall provide to victims of a

192sexual act constituting a violation of section 53a-70b of the general

193statutes, revision of 1958, revised to January 1, 2019, committed prior

194to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71,

19553a-72a, 53a-72b, 53a-73a or 53a-192a, regardless of whether any

196person is convicted or adjudicated delinquent for such violation, the

197 following services: (1) Counseling regarding human

198immunodeficiency virus and acquired immune deficiency syndrome;

199(2) HIV-related testing; and (3) referral service for appropriate health

200care and support services. Such services shall be provided through

201counseling and testing sites funded by the Department of Public

202Health.

203Sec. 8. Subdivision (5) of section 19a-112e of the general statutes is

204repealed and the following is substituted in lieu thereof (Effective

205October 1, 2019):

206(5) "Sexual offense" means a violation of section 53a-70b of the

207 general statutes, revision of 1958, revised to January 1, 2019,

208committed prior to October 1, 2019, or subsection (a) of section 53a-70

209[,] or section 53a-70a, [or 53a-70b,] subsection (a) of section 53a-71,

210section 53a-72a or 53a-72b, subdivision (2) of subsection (a) of section

21153a-86, subdivision (2) of subsection (a) of section 53a-87 or section

21253a-90a, 53a-196a or 53a-196b.

213Sec. 9. Subdivision (8) of section 31-57r of the general statutes is

214repealed and the following is substituted in lieu thereof (Effective

215October 1, 2019):

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216(8) "Sexual assault" means any act that constitutes a violation of

217section 53a-70b of the general statutes, revision of 1958, revised to

218January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

21953a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a;

220Sec. 10. Subsections (g) and (h) of section 45a-717 of the general

221statutes are repealed and the following is substituted in lieu thereof

222(Effective October 1, 2019):

223(g) At the adjourned hearing or at the initial hearing where no

224investigation and report has been requested, the court may approve a

225petition terminating the parental rights and may appoint a guardian of

226the person of the child, or, if the petitioner requests, the court may

227appoint a statutory parent, if it finds, upon clear and convincing

228evidence, that (1) the termination is in the best interest of the child, and

229(2) (A) the child has been abandoned by the parent in the sense that the

230parent has failed to maintain a reasonable degree of interest, concern

231or responsibility as to the welfare of the child; (B) the child has been

232denied, by reason of an act or acts of parental commission or omission,

233including, but not limited to, sexual molestation and exploitation,

234severe physical abuse or a pattern of abuse, the care, guidance or

235control necessary for the child's physical, educational, moral or

236emotional well-being. Nonaccidental or inadequately explained

237serious physical injury to a child shall constitute prima facie evidence

238 of acts of parental commission or omission sufficient for the

239termination of parental rights; (C) there is no ongoing parent-child

240relationship which is defined as the relationship that ordinarily

241develops as a result of a parent having met on a continuing, day-to-

242day basis the physical, emotional, moral and educational needs of the

243 child and to allow further time for the establishment or

244reestablishment of the parent-child relationship would be detrimental

245to the best interests of the child; (D) a child of the parent (i) was found

246by the Superior Court or the Probate Court to have been neglected,

247abused or uncared for, as those terms are defined in section 46b-120, in

248a prior proceeding, or (ii) is found to be neglected, abused or uncared

249for and has been in the custody of the commissioner for at least fifteen

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250months and such parent has been provided specific steps to take to

251facilitate the return of the child to the parent pursuant to section 46b-

252129 and has failed to achieve such degree of personal rehabilitation as

253would encourage the belief that within a reasonable time, considering

254the age and needs of the child, such parent could assume a responsible

255position in the life of the child; (E) a child of the parent, who is under

256the age of seven years is found to be neglected, abused or uncared for,

257and the parent has failed, is unable or is unwilling to achieve such

258degree of personal rehabilitation as would encourage the belief that

259within a reasonable amount of time, considering the age and needs of

260the child, such parent could assume a responsible position in the life of

261the child and such parent's parental rights of another child were

262 previously terminated pursuant to a petition filed by the

263Commissioner of Children and Families; (F) the parent has killed

264through deliberate, nonaccidental act another child of the parent or has

265requested, commanded, importuned, attempted, conspired or solicited

266such killing or has committed an assault, through deliberate,

267nonaccidental act that resulted in serious bodily injury of another child

268of the parent; (G) except as provided in subsection (h) of this section,

269the parent committed an act that constitutes sexual assault as

270described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b

271or 53a-73a or compelling a spouse or cohabitor to engage in sexual

272intercourse by the use of force or by the threat of the use of force as

273described in section 53a-70b of the general statutes, revision of 1958,

274revised to January 1, 2019, committed prior to October 1, 2019, if such

275act resulted in the conception of the child; or (H) the parent was finally

276adjudged guilty of sexual assault under section 53a-70, 53a-70a, 53a-

27770c, 53a-71, 53a-72a, 53a-72b or 53a-73a or of compelling a spouse or

278cohabitor to engage in sexual intercourse by the use of force or by the

279threat of the use of force under section 53a-70b of the general statutes,

280revision of 1958, revised to January 1, 2019, committed prior to October

2811, 2019, if such act resulted in the conception of the child.

282(h) If the petition alleges an act described in subparagraph (G) of

283subdivision (2) of subsection (g) of this section that resulted in the

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284conception of the child as a basis for termination of parental rights and

285the court determines that the respondent parent was finally adjudged

286not guilty of such act of sexual assault under section 53a-70, 53a-70a,

28753a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or

288cohabitor to engage in sexual intercourse by the use of force or by the

289threat of the use of force under section 53a-70b of the general statutes,

290revision of 1958, revised to January 1, 2019, committed prior to October

2911, 2019, the court shall transfer the case to the Superior Court and the

292clerk of the Probate Court shall transmit to the clerk of the Superior

293Court to which the case was transferred, the original files and papers

294in the case. The Superior Court, upon hearing after notice as provided

295in this section and section 45a-716, may grant the petition as provided

296in this section.

297Sec. 11. Section 46b-38h of the general statutes is repealed and the

298following is substituted in lieu thereof (Effective October 1, 2019):

299If any person is convicted of a violation of section 53a-70b of the

300 general statutes, revision of 1958, revised to January 1, 2019,

301committed prior to October 1, 2019, or section 53a-59, 53a-59a, 53a-59c,

30253a-60, 53a-60a, 53a-60b, 53a-60c, 53a-62, 53a-63, 53a-64, 53a-64aa, 53a-

30364bb, 53a-64cc, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-

30472b, 53a-181, 53a-181c, 53a-181d, 53a-181e, 53a-182, 53a-182b, 53a-183,

30553a-223, 53a-223a or 53a-223b, against a family or household member,

306as defined in section 46b-38a, the court shall include a designation that

307such conviction involved family violence on the court record for the

308purposes of criminal history record information, as defined in

309subsection (a) of section 54-142g.

310Sec. 12. Subsection (a) of section 47a-11e of the general statutes is

311repealed and the following is substituted in lieu thereof (Effective

312October 1, 2019):

313(a) Notwithstanding the provisions of this chapter and chapter 831,

314for rental agreements entered into or renewed on or after January 1,

3152011, any tenant who (1) is a victim of family violence, as defined in

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316section 46b-38a, and (2) reasonably believes it is necessary to vacate the

317dwelling unit due to fear of imminent harm to the tenant or a

318dependent of the tenant because of family violence, may terminate his

319or her rental agreement with the landlord for the dwelling unit that the

320tenant occupies without penalty or liability for the remaining term of

321the rental agreement by giving written notice to the landlord at least

322thirty days prior to the date the tenant intends to terminate the rental

323agreement. Notwithstanding the provisions of this chapter and chapter

324831, for rental agreements entered into or renewed on or after January

3251, 2014, any tenant who (A) is a victim of sexual assault under any

326provision of section 53a-70b of the general statutes, revision of 1958,

327revised to January 1, 2019, committed prior to October 1, 2019, or

328section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

329or is the parent or guardian with physical custody of a dependent who

330is the victim of sexual assault under section 53a-70c, and (B) reasonably

331believes it is necessary to vacate the dwelling unit due to fear of

332imminent harm to the tenant or a dependent of the tenant because of

333such sexual assault, may terminate his or her rental agreement with

334the landlord for the dwelling unit that the tenant occupies without

335penalty or liability for the remaining term of the rental agreement by

336giving written notice to the landlord at least thirty days prior to the

337date the tenant intends to terminate the rental agreement.

338Sec. 13. Subsection (a) of section 52-161b of the general statutes is

339repealed and the following is substituted in lieu thereof (Effective

340October 1, 2019):

341(a) A pro se litigant in any civil matter, including a habeas corpus

342proceeding, shall notify the clerk of the court if such litigant has been

343convicted of a family violence crime, as defined in section 53a-70b of

344the general statutes, revision of 1958, revised to January 1, 2019,

345committed prior to October 1, 2019, or section 46b-38a, or a violation of

346section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-

34773a, 53a-181c, 53a-181d or 53a-181e and if the subject of a subpoena to

348be issued by such litigant in such matter is the victim of the crime for

349which such litigant was convicted.

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350Sec. 14. Subsection (f) of section 53a-29 of the general statutes is

351repealed and the following is substituted in lieu thereof (Effective

352October 1, 2019):

353(f) The period of probation, unless terminated sooner as provided in

354section 53a-32, shall be not less than ten years or more than thirty-five

355years for conviction of a violation of section 53a-70b of the general

356statutes, revision of 1958, revised to January 1, 2019, committed prior

357to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21

358[,] or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-

35990a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a, or

360section 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f.

361Sec. 15. Subsection (a) of section 53a-30 of the general statutes is

362repealed and the following is substituted in lieu thereof (Effective

363October 1, 2019):

364(a) When imposing sentence of probation or conditional discharge,

365the court may, as a condition of the sentence, order that the defendant:

366(1) Work faithfully at a suitable employment or faithfully pursue a

367course of study or of vocational training that will equip the defendant

368for suitable employment; (2) undergo medical or psychiatric treatment

369and remain in a specified institution, when required for that purpose;

370(3) support the defendant's dependents and meet other family

371obligations; (4) make restitution of the fruits of the defendant's offense

372or make restitution, in an amount the defendant can afford to pay or

373provide in a suitable manner, for the loss or damage caused thereby.

374The court or the Court Support Services Division, if authorized by the

375court, may fix the amount thereof and the manner of performance, and

376the victim shall be advised by the court or the Court Support Services

377Division that restitution ordered under this section may be enforced

378pursuant to section 53a-28a; (5) if a minor, (A) reside with the minor's

379parents or in a suitable foster home, (B) attend school, and (C)

380contribute to the minor's own support in any home or foster home; (6)

381post a bond or other security for the performance of any or all

382conditions imposed; (7) refrain from violating any criminal law of the

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383United States, this state or any other state; (8) if convicted of a

384misdemeanor or a felony, other than a capital felony under the

385provisions of section 53a-54b in effect prior to April 25, 2012, a class A

386felony or a violation of section 53a-70b of the general statutes, revision

387of 1958, revised to January 1, 2019, committed prior to October 1, 2019,

388or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-

38958 [or 53a-70b] or any offense for which there is a mandatory

390minimum sentence which may not be suspended or reduced by the

391court, and any sentence of imprisonment is suspended, participate in

392 an alternate incarceration program; (9) reside in a residential

393community center or halfway house approved by the Commissioner of

394Correction, and contribute to the cost incident to such residence; (10)

395participate in a program of community service labor in accordance

396with section 53a-39c; (11) participate in a program of community

397service in accordance with section 51-181c; (12) if convicted of a

398violation of section 53a-70b of the general statutes, revision of 1958,

399revised to January 1, 2019, committed prior to October 1, 2019, or

400subdivision (2) of subsection (a) of section 53-21 [,] or section 53a-70,

40153a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, undergo specialized

402sexual offender treatment; (13) if convicted of a criminal offense

403against a victim who is a minor, a nonviolent sexual offense or a

404sexually violent offense, as defined in section 54-250, as amended by

405this act, or of a felony that the court finds was committed for a sexual

406purpose, as provided in section 54-254, register such person's

407identifying factors, as defined in section 54-250, as amended by this

408act, with the Commissioner of Emergency Services and Public

409Protection when required pursuant to section 54-251, 54-252 or 54-253,

410as the case may be; (14) be subject to electronic monitoring, which may

411include the use of a global positioning system; (15) if convicted of a

412violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l,

413participate in an anti-bias or diversity awareness program or

414participate in a program of community service designed to remedy

415damage caused by the commission of a bias crime or otherwise related

416to the defendant's violation; (16) if convicted of a violation of section

41753-247, undergo psychiatric or psychological counseling or participate

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418in an animal cruelty prevention and education program provided such

419a program exists and is available to the defendant; or (17) satisfy any

420other conditions reasonably related to the defendant's rehabilitation.

421The court shall cause a copy of any such order to be delivered to the

422defendant and to the probation officer, if any.

423Sec. 16. Section 53a-32a of the general statutes is repealed and the

424following is substituted in lieu thereof (Effective October 1, 2019):

425If a defendant who entered a plea of nolo contendere or a guilty

426plea under the Alford doctrine to a violation of subdivision (2) of

427section 53-21 of the general statutes in effect prior to October 1, 2000,

428section 53a-70b of the general statutes, revision of 1958, revised to

429January 1, 2019, committed prior to October 1, 2019, or subdivision (2)

430of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,]

43153a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual

432offender treatment as a condition of probation, becomes ineligible for

433such treatment because of such defendant's refusal to acknowledge

434that such defendant committed the act or acts charged, such defendant

435shall be deemed to be in violation of the conditions of such defendant's

436probation and be returned to court for proceedings in accordance with

437section 53a-32.

438Sec. 17. Section 53a-33 of the general statutes is repealed and the

439following is substituted in lieu thereof (Effective October 1, 2019):

440The court or sentencing judge may at any time during the period of

441probation or conditional discharge, after hearing and for good cause

442shown, terminate a sentence of probation or conditional discharge

443before the completion thereof, except a sentence of probation imposed

444for conviction of a violation of subdivision (2) of section 53-21 of the

445general statutes in effect prior to October 1, 2000, section 53a-70b of the

446 general statutes, revision of 1958, revised to January 1, 2019,

447committed prior to October 1, 2019, or subdivision (2) of subsection (a)

448of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or

44953a-72b.

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450Sec. 18. Subsection (a) of section 53a-39a of the general statutes is

451repealed and the following is substituted in lieu thereof (Effective

452October 1, 2019):

453(a) In all cases where a defendant has been convicted of a

454misdemeanor or a felony, other than a capital felony under the

455provisions of section 53a-54b in effect prior to April 25, 2012, a class A

456felony or a violation of section 53a-70b of the general statutes, revision

457of 1958, revised to January 1, 2019, committed prior to October 1, 2019,

458or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-

45958 [or 53a-70b] or any other offense for which there is a mandatory

460minimum sentence which may not be suspended or reduced by the

461court, after trial or by a plea of guilty without trial, and a term of

462imprisonment is part of a stated plea agreement or the statutory

463penalty provides for a term of imprisonment, the court may, in its

464discretion, order an assessment for placement in an alternate

465incarceration program under contract with the Judicial Department. If

466the Court Support Services Division recommends placement in an

467alternate incarceration program, it shall also submit to the court a

468proposed alternate incarceration plan. Upon completion of the

469assessment, the court shall determine whether such defendant shall be

470 ordered to participate in such program as an alternative to

471incarceration. If the court determines that the defendant shall

472participate in such program, the court shall suspend any sentence of

473 imprisonment and shall make participation in the alternate

474incarceration program a condition of probation as provided in section

47553a-30, as amended by this act.

476Sec. 19. Subsection (d) of section 53a-40 of the general statutes is

477repealed and the following is substituted in lieu thereof (Effective

478October 1, 2019):

479(d) A persistent serious sexual offender is a person, other than a

480person who qualifies as a persistent dangerous sexual offender under

481subsection (b) of this section, who qualifies as a persistent serious

482felony offender under subsection (c) of this section and the felony of

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483which such person presently stands convicted is a violation of section

48453a-70b of the general statutes, revision of 1958, revised to January 1,

4852019, committed prior to October 1, 2019, or subdivision (2) of

486subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,]

48753a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of

488section 53-21 of the general statutes, revised to January 1, 1995,

489involving sexual contact, committed prior to October 1, 1995, a

490violation of subdivision (2) of section 53-21 of the general statutes,

491committed on or after October 1, 1995, and prior to October 1, 2000, a

492violation of section 53a-70b of the general statutes, revision of 1958,

493revised to January 1, 2019, committed prior to October 1, 2019, or a

494violation of subdivision (2) of subsection (a) of section 53-21 or a

495violation of section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-

49672b.

497Sec. 20. Subsection (a) of section 53a-40e of the general statutes is

498repealed and the following is substituted in lieu thereof (Effective

499October 1, 2019):

500(a) If any person is convicted of (1) a violation of section 53a-70b of

501the general statutes, revision of 1958, revised to January 1, 2019,

502committed prior to October 1, 2019, or subdivision (1) or (2) of

503subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a,

50453a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a,

50553a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183,

506subdivision (2) of subsection (a) of section 53a-192a, section 53a-223,

50753a-223a or 53a-223b or attempt or conspiracy to violate any of said

508sections or section 53a-54a, or (2) any crime that the court determines

509constitutes a family violence crime, as defined in section 46b-38a, or

510attempt or conspiracy to commit any such crime, the court may, in

511addition to imposing the sentence authorized for the crime under

512section 53a-35a or 53a-36, if the court is of the opinion that the history

513and character and the nature and circumstances of the criminal

514conduct of such offender indicate that a standing criminal protective

515order will best serve the interest of the victim and the public, issue a

516standing criminal protective order which shall remain in effect for a

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517duration specified by the court until modified or revoked by the court

518for good cause shown. If any person is convicted of any crime not

519specified in subdivision (1) or (2) of this subsection, the court may, for

520good cause shown, issue a standing criminal protective order pursuant

521to this subsection.

522Sec. 21. Section 53a-65 of the general statutes is repealed and the

523following is substituted in lieu thereof (Effective October 1, 2019):

524As used in this part, [except section 53a-70b,] the following terms

525have the following meanings:

526(1) "Actor" means a person accused of sexual assault.

527(2) "Sexual intercourse" means vaginal intercourse, anal intercourse,

528fellatio or cunnilingus between persons regardless of sex. Its meaning

529is limited to persons not married to each other. Penetration, however

530slight, is sufficient to complete vaginal intercourse, anal intercourse or

531fellatio and does not require emission of semen. Penetration may be

532committed by an object manipulated by the actor into the genital or

533anal opening of the victim's body.

534(3) "Sexual contact" means any contact with the intimate parts of a

535person not married to the actor for the purpose of sexual gratification

536of the actor or for the purpose of degrading or humiliating such person

537or any contact of the intimate parts of the actor with a person not

538married to the actor for the purpose of sexual gratification of the actor

539or for the purpose of degrading or humiliating such person.

540(4) "Impaired because of mental disability or disease" means that a

541person suffers from a mental disability or disease which renders such

542person incapable of appraising the nature of such person's conduct.

543(5) "Mentally incapacitated" means that a person is rendered

544temporarily incapable of appraising or controlling such person's

545conduct owing to the influence of a drug or intoxicating substance

546administered to such person without such person's consent, or owing

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547to any other act committed upon such person without such person's

548consent.

549(6) "Physically helpless" means that a person is (A) unconscious, or

550(B) for any other reason, is physically unable to resist an act of sexual

551intercourse or sexual contact or to communicate unwillingness to an

552act of sexual intercourse or sexual contact.

553(7) "Use of force" means: (A) Use of a dangerous instrument; or (B)

554use of actual physical force or violence or superior physical strength

555against the victim.

556(8) "Intimate parts" means the genital area or any substance emitted

557therefrom, groin, anus or any substance emitted therefrom, inner

558thighs, buttocks or breasts.

559(9) "Psychotherapist" means a physician, psychologist, nurse,

560substance abuse counselor, social worker, clergyman, marital and

561family therapist, mental health service provider, hypnotist or other

562person, whether or not licensed or certified by the state, who performs

563or purports to perform psychotherapy.

564(10) "Psychotherapy" means the professional treatment, assessment

565or counseling of a mental or emotional illness, symptom or condition.

566(11) "Emotionally dependent" means that the nature of the patient's

567or former patient's emotional condition and the nature of the treatment

568provided by the psychotherapist are such that the psychotherapist

569knows or has reason to know that the patient or former patient is

570unable to withhold consent to sexual contact by or sexual intercourse

571with the psychotherapist.

572(12) "Therapeutic deception" means a representation by a

573psychotherapist that sexual contact by or sexual intercourse with the

574psychotherapist is consistent with or part of the patient's treatment.

575(13) "School employee" means: (A) A teacher, substitute teacher,

576school administrator, school superintendent, guidance counselor,

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577school counselor, psychologist, social worker, nurse, physician, school

578paraprofessional or coach employed by a local or regional board of

579education or a private elementary, middle or high school or working in

580a public or private elementary, middle or high school; or (B) any other

581person who, in the performance of his or her duties, has regular

582contact with students and who provides services to or on behalf of

583students enrolled in (i) a public elementary, middle or high school,

584pursuant to a contract with the local or regional board of education, or

585(ii) a private elementary, middle or high school, pursuant to a contract

586with the supervisory agent of such private school.

587Sec. 22. Subsection (b) of section 53a-67 of the general statutes is

588repealed and the following is substituted in lieu thereof (Effective

589October 1, 2019):

590(b) In any prosecution for an offense under this part, except an

591offense under section 53a-70b of the general statutes, revision of 1958,

592revised to January 1, 2019, committed prior to October 1, 2019, or

593section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, it shall be

594an affirmative defense that the defendant and the alleged victim were,

595at the time of the alleged offense, living together by mutual consent in

596a relationship of cohabitation, regardless of the legal status of their

597relationship.

598Sec. 23. Subsection (h) of section 54-56d of the general statutes is

599repealed and the following is substituted in lieu thereof (Effective

600October 1, 2019):

601(h) (1) If, at the hearing, the court finds that there is a substantial

602probability that the defendant, if provided with a course of treatment,

603will regain competency within the period of any placement order

604under this section, the court shall either (A) order placement of the

605defendant for treatment for the purpose of rendering the defendant

606competent, or (B) order placement of the defendant at a treatment

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609(2) (A) Except as provided in subparagraph (B) of this subdivision, if

610the court makes a finding pursuant to subdivision (1) of this subsection

611and does not order placement pursuant to subparagraph (A) of said

612subdivision, the court shall, on its own motion or on motion of the

613state or the defendant, order placement of the defendant in the custody

614of the Commissioner of Mental Health and Addiction Services at a

615treatment facility pending civil commitment proceedings. The

616treatment facility shall be determined by the Commissioner of Mental

617Health and Addiction Services. Such order shall: (i) Include an

618authorization for the Commissioner of Mental Health and Addiction

619Services to apply for civil commitment of such defendant pursuant to

620sections 17a-495 to 17a-528, inclusive; (ii) permit the defendant to agree

621to request voluntarily to be admitted under section 17a-506 and

622 participate voluntarily in a treatment plan prepared by the

623Commissioner of Mental Health and Addiction Services, and require

624that the defendant comply with such treatment plan; and (iii) provide

625that if the application for civil commitment is denied or not pursued

626by the Commissioner of Mental Health and Addiction Services, or if

627the defendant is unwilling or unable to comply with a treatment plan

628despite reasonable efforts of the treatment facility to encourage the

629defendant's compliance, the person in charge of the treatment facility,

630or such person's designee, shall submit a written progress report to the

631court and the defendant shall be returned to the court for a hearing

632pursuant to subsection (k) of this section. Such written progress report

633shall include the status of any civil commitment proceedings

634concerning the defendant, the defendant's compliance with the

637submitting the report and the facts upon which the findings are based,

638and any other information concerning the defendant requested by the

639court, including, but not limited to, the method of treatment or the

640type, dosage and effect of any medication the defendant is receiving.

641The Court Support Services Division shall monitor the defendant's

642compliance with any applicable provisions of such order. The period

643of placement and monitoring under such order shall not exceed the

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644period of the maximum sentence which the defendant could receive on

645conviction of the charges against such defendant, or eighteen months,

646whichever is less. If the defendant has complied with such treatment

647plan and any applicable provisions of such order, at the end of the

648period of placement and monitoring, the court shall approve the entry

649of a nolle prosequi to the charges against the defendant or shall

650dismiss such charges.

651(B) This subdivision shall not apply: (i) To any person charged with

652a class A felony, a class B felony, except a violation of section 53a-122

653that does not involve the use, attempted use or threatened use of

654physical force against another person, or a violation of section 53a-70b

655of the general statutes, revision of 1958, revised to January 1, 2019,

656committed prior to October 1, 2019, or section 14-227a or 14-227m,

657subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision

658(2) of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70,

65953a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b; (ii) to any person

660charged with a crime or motor vehicle violation who, as a result of the

661commission of such crime or motor vehicle violation, causes the death

662of another person; or (iii) unless good cause is shown, to any person

663charged with a class C felony.

664Sec. 24. Subsection (c) of section 54-56e of the general statutes is

665repealed and the following is substituted in lieu thereof (Effective

666October 1, 2019):

667(c) This section shall not be applicable: (1) To any person charged

668with (A) a class A felony, (B) a class B felony, except a violation of

669subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does

670not involve the use, attempted use or threatened use of physical force

671against another person, or a violation of subdivision (4) of subsection

672(a) of section 53a-122 that does not involve the use, attempted use or

673threatened use of physical force against another person and does not

674involve a violation by a person who is a public official, as defined in

675section 1-110, or a state or municipal employee, as defined in section 1-

676110, or (C) a violation of section 53a-70b of the general statutes,

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677revision of 1958, revised to January 1, 2019, committed prior to October

6781, 2019, or section 14-227a or 14-227m, subdivision (1) or (2) of

679subsection (a) of section 14-227n, subdivision (2) of subsection (a) of

680section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-

68171, except as provided in subdivision (5) of this subsection, 53a-72a,

68253a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a

683crime or motor vehicle violation who, as a result of the commission of

684such crime or motor vehicle violation, causes the death of another

685person, (3) to any person accused of a family violence crime as defined

686in section 46b-38a who (A) is eligible for the pretrial family violence

687education program established under section 46b-38c, or (B) has

688previously had the pretrial family violence education program

689invoked in such person's behalf, (4) to any person charged with a

690violation of section 21a-267 or 21a-279 who (A) is eligible for the

691pretrial drug education and community service program established

692under section 54-56i, or (B) has previously had the pretrial drug

693education program or the pretrial drug education and community

694service program invoked on such person's behalf, (5) unless good

695cause is shown, to (A) any person charged with a class C felony, or (B)

696any person charged with committing a violation of subdivision (1) of

697subsection (a) of section 53a-71 while such person was less than four

698years older than the other person, (6) to any person charged with a

699violation of section 9-359 or 9-359a, (7) to any person charged with a

700motor vehicle violation (A) while operating a commercial motor

701vehicle, as defined in section 14-1, or (B) who holds a commercial

702driver's license or commercial driver's instruction permit at the time of

703the violation, (8) to any person charged with a violation of subdivision

704(6) of subsection (a) of section 53a-60, or (9) to a health care provider or

705vendor participating in the state's Medicaid program charged with a

706violation of section 53a-122 or subdivision (4) of subsection (a) of

707section 53a-123.

708Sec. 25. Subdivision (2) of section 54-76b of the general statutes is

709repealed and the following is substituted in lieu thereof (Effective

710October 1, 2019):

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711(2) "Youthful offender" means a youth who (A) is charged with the

712commission of a crime which is not a class A felony or a violation of

713section 53a-70b of the general statutes, revision of 1958, revised to

714January 1, 2019, committed prior to October 1, 2019, or section 14-222a,

715subsection (a) or subdivision (1) of subsection (b) of section 14-224,

716section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection

717(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21

718or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except

719a violation involving consensual sexual intercourse or sexual contact

720between the youth and another person who is thirteen years of age or

721older but under sixteen years of age, and (B) has not previously been

722convicted of a felony in the regular criminal docket of the Superior

723Court or been previously adjudged a serious juvenile offender or

724serious juvenile repeat offender, as defined in section 46b-120.

725Sec. 26. Subsection (a) of section 54-76c of the general statutes is

726repealed and the following is substituted in lieu thereof (Effective

727October 1, 2019):

728(a) In any case where an information or complaint has been laid

729charging a defendant with the commission of a crime, and where it

730appears that the defendant is a youth, such defendant shall be

731presumed to be eligible to be adjudged a youthful offender and the

732court having jurisdiction shall, but only as to the public, order the

733court file sealed, unless such defendant (1) is charged with the

734commission of a crime which is a class A felony or a violation of

735section 53a-70b of the general statutes, revision of 1958, revised to

736January 1, 2019, committed prior to October 1, 2019, or section 14-222a,

737subsection (a) or subdivision (1) of subsection (b) of section 14-224,

738section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection

739(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21

740or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except

741a violation involving consensual sexual intercourse or sexual contact

742between the youth and another person who is thirteen years of age or

743older but under sixteen years of age, or (2) has been previously

744convicted of a felony in the regular criminal docket of the Superior

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745Court or been previously adjudged a serious juvenile offender or

746serious juvenile repeat offender, as defined in section 46b-120. Except

747as provided in subsection (b) of this section, upon motion of the

748prosecuting official, the court may order that an investigation be made

749 of such defendant under section 54-76d, for the purpose of

750determining whether such defendant is ineligible to be adjudged a

751youthful offender, provided the court file shall remain sealed, but only

752as to the public, during such investigation.

753Sec. 27. Subsection (a) of section 54-76l of the general statutes is

754repealed and the following is substituted in lieu thereof (Effective

755October 1, 2019):

756(a) The records or other information of a youth, other than a youth

757arrested for or charged with the commission of a crime which is a class

758A felony or a violation of section 53a-70b of the general statutes,

759revision of 1958, revised to January 1, 2019, committed prior to October

7601, 2019, or section 14-222a, subsection (a) or subdivision (1) of

761subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m,

762subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision

763(2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-

764 70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving

765consensual sexual intercourse or sexual contact between the youth and

766another person who is thirteen years of age or older but under sixteen

767years of age, including fingerprints, photographs and physical

768descriptions, shall be confidential and shall not be open to public

769inspection or be disclosed except as provided in this section, but such

770fingerprints, photographs and physical descriptions submitted to the

771State Police Bureau of Identification of the Division of State Police

772within the Department of Emergency Services and Public Protection at

773the time of the arrest of a person subsequently adjudged, or

774subsequently presumed or determined to be eligible to be adjudged, a

775youthful offender shall be retained as confidential matter in the files of

776the bureau and be opened to inspection only as provided in this

777section. Other data ordinarily received by the bureau, with regard to

778persons arrested for a crime, shall be forwarded to the bureau to be

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779 filed, in addition to such fingerprints, photographs and physical 780 descriptions, and be retained in the division as confidential

781information, open to inspection only as provided in this section.

782Sec. 28. Section 54-86d of the general statutes is repealed and the

783following is substituted in lieu thereof (Effective October 1, 2019):

784Any person who has been the victim of a sexual assault under

785section 53a-70b of the general statutes, revision of 1958, revised to

786January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

78753a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a,

788voyeurism under section 53a-189a, or injury or risk of injury, or

789impairing of morals under section 53-21, or of an attempt thereof, or

790family violence, as defined in section 46b-38a, shall not be required to

791divulge his or her address or telephone number during any trial or

792pretrial evidentiary hearing arising from the sexual assault, voyeurism

793or injury or risk of injury to, or impairing of morals of, a child, or

794family violence; provided the judge presiding over such legal

795proceeding finds: (1) Such information is not material to the

796proceeding, (2) the identity of the victim has been satisfactorily

797established, and (3) the current address of the victim will be made

798available to the defense in the same manner and time as such

799information is made available to the defense for other criminal

800offenses.

801Sec. 29. Section 54-86e of the general statutes is repealed and the

802following is substituted in lieu thereof (Effective October 1, 2019):

803The name and address of the victim of a sexual assault under

804section 53a-70b of the general statutes, revision of 1958, revised to

805January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

80653a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a,

807voyeurism under section 53a-189a, or injury or risk of injury, or

808impairing of morals under section 53-21, or of an attempt thereof, or

809family violence, as defined in section 46b-38a and such other

810identifying information pertaining to such victim as determined by the

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811court, shall be confidential and shall be disclosed only upon order of

812the Superior Court, except that (1) such information shall be available

813to the accused in the same manner and time as such information is

814available to persons accused of other criminal offenses, and (2) if a

815protective order is issued in a prosecution under any of said sections,

816the name and address of the victim, in addition to the information

817contained in and concerning the issuance of such order, shall be

818entered in the registry of protective orders pursuant to section 51-5c.

819Sec. 30. Subsection (a) of section 54-86j of the general statutes is

820repealed and the following is substituted in lieu thereof (Effective

821October 1, 2019):

822(a) No member of any municipal police department, the state police

823or the Division of Criminal Justice may request or require any victim of

824a sexual assault under section 53a-70b of the general statutes, revision

825of 1958, revised to January 1, 2019, committed prior to October 1, 2019,

826or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-

82773a to submit to or take a polygraph examination.

828Sec. 31. Subsection (a) of section 54-102b of the general statutes is

829repealed and the following is substituted in lieu thereof (Effective

830October 1, 2019):

831(a) Notwithstanding any provision of the general statutes, except as

832provided in subsection (b) of this section, a court entering a judgment

833of conviction or conviction of a child as delinquent for a violation of

834section 53a-70b of the general statutes, revision of 1958, revised to

835January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

83653a-70a, [53a-70b] or 53a-71 or a violation of section 53-21, 53a-72a,

83753a-72b or 53a-73a involving a sexual act, shall, at the request of the

838victim of such crime, order that the offender be tested for the presence

839of the etiologic agent for acquired immune deficiency syndrome or

840human immunodeficiency virus and that the results be disclosed to the

841victim and the offender. The test shall be performed by or at the

842direction of the Department of Correction or, in the case of a child

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843convicted as delinquent, at the direction of the Court Support Services

844Division of the Judicial Department or the Department of Children and

845Families, in consultation with the Department of Public Health.

846Sec. 32. Subsection (a) of section 54-102g of the general statutes is

847repealed and the following is substituted in lieu thereof (Effective

848October 1, 2019):

849(a) Whenever any person is arrested on or after October 1, 2011, for

850the commission of a serious felony and, prior to such arrest, has been

851convicted of a felony but has not submitted to the taking of a blood or

852other biological sample for DNA (deoxyribonucleic acid) analysis

853pursuant to this section, the law enforcement agency that arrested such

854person shall, as available resources allow, require such person to

855submit to the taking of a blood or other biological sample for DNA

856 (deoxyribonucleic acid) analysis to determine identification

857characteristics specific to the person. If the law enforcement agency

858requires such person to submit to the taking of such blood or other

859biological sample, such person shall submit to the taking of such

860sample prior to release from custody and at such time and place as the

861agency may specify. For purposes of this subsection, "serious felony"

862means a violation of section 53a-70b of the general statutes, revision of

8631958, revised to January 1, 2019, committed prior to October 1, 2019, or

864section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-

86556a, 53a-56b, 53a-57, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c,

86653a-70, 53a-70a, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-94, 53a-94a,

86753a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111, 53a-

868112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-181c.

869Sec. 33. Subsection (c) of section 54-125e of the general statutes is

870repealed and the following is substituted in lieu thereof (Effective

871October 1, 2019):

872(c) The period of special parole shall be not less than one year or

873more than ten years, except that such period may be for more than ten

874years for a person convicted of a violation of section 53a-70b of the

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875 general statutes, revision of 1958, revised to January 1, 2019,

876committed prior to October 1, 2019, or subdivision (2) of section 53-21

877of the general statutes in effect prior to October 1, 2000, subdivision (2)

878of subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,]

87953a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous

880felony offender pursuant to subsection (i) of section 53a-40 or as a

881persistent serious felony offender pursuant to subsection (k) of section

88253a-40.

883Sec. 34. Subsection (a) of section 54-125i of the general statutes is

884repealed and the following is substituted in lieu thereof (Effective

885October 1, 2019):

886(a) An inmate (1) not convicted of a crime for which there is a

887victim, as defined in section 54-201 or section 54-226, who is known by

888the Board of Pardons and Paroles, (2) whose eligibility for parole

889release is not subject to the provisions of subsection (b) of section 54-

890125a, (3) who was not convicted of a violation of section 53a-70b of the

891 general statutes, revision of 1958, revised to January 1, 2019,

892committed prior to October 1, 2019, or section 53a-55, 53a-55a, 53a-56,

89353a-56a, 53a-56b, 53a-57, 53a-58, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-

89460c, 53a-64aa, 53a-64bb, 53a-70, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-

89594a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111,

89653a-112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-

897181c, and (4) who is not otherwise prohibited from being granted

898parole for any reason, may be allowed to go at large on parole in

899accordance with the provisions of section 54-125a or section 54-125g,

900pursuant to the provisions of subsections (b) and (c) of this section.

901Sec. 35. Section 54-143c of the general statutes is repealed and the

902following is substituted in lieu thereof (Effective October 1, 2019):

903In addition to any fine, fee or cost that may be imposed pursuant to

904any provision of the general statutes, the court shall impose a fine of

905one hundred fifty-one dollars on any person who, on or after July 1,

9062004, is convicted of or pleads guilty or nolo contendere to a violation

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907of section 53a-70b of the general statutes, revision of 1958, revised to

908January 1, 2019, committed prior to October 1, 2019, or subdivision (2)

909of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,]

91053a-71, 53a-72a, 53a-72b or 53a-73a. Fines collected under this section

911shall be deposited in the sexual assault victims account established

912under section 19a-112d.

913Sec. 36. Section 54-193b of the general statutes is repealed and the

914following is substituted in lieu thereof (Effective October 1, 2019):

915Notwithstanding the provisions of sections 54-193 and 54-193a,

916there shall be no limitation of time within which a person may be

917prosecuted for a violation of section 53a-70b of the general statutes,

918revision of 1958, revised to January 1, 2019, committed prior to October

9191, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b,

920provided (1) the victim notified any police officer or state's attorney

921acting in such police officer's or state's attorney's official capacity of the

922 commission of the offense not later than five years after the

923commission of the offense, and (2) the identity of the person who

924allegedly committed the offense has been established through a DNA

925(deoxyribonucleic acid) profile comparison using evidence collected at

926the time of the commission of the offense.

927Sec. 37. Subsections (d) and (e) of section 54-209 of the general

928statutes are repealed and the following is substituted in lieu thereof

929(Effective October 1, 2019):

930(d) In instances where a violation of section 53a-70b of the general

931statutes, revision of 1958, revised to January 1, 2019, committed prior

932to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c,

93353a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82 or 53a-192a has been alleged,

934the Office of Victim Services or, on review, a victim compensation

935commissioner, may order compensation be paid if (1) the personal

936injury has been disclosed to: (A) A physician or surgeon licensed

937under chapter 370; (B) a resident physician or intern in any hospital in

938this state, whether or not licensed; (C) a physician assistant licensed

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939under chapter 370; (D) an advanced practice registered nurse,

940registered nurse or practical nurse licensed under chapter 378; (E) a

941psychologist licensed under chapter 383; (F) a police officer; (G) a

942mental health professional; (H) an emergency medical services

943provider licensed or certified under chapter 368d; (I) an alcohol and

944drug counselor licensed or certified under chapter 376b; (J) a marital

945and family therapist licensed under chapter 383a; (K) a domestic

946violence counselor or a sexual assault counselor, as defined in section

94752-146k; (L) a professional counselor licensed under chapter 383c; (M)

948a clinical social worker licensed under chapter 383b; (N) an employee

949of the Department of Children and Families; or (O) a school principal,

950a school teacher, a school guidance counselor or a school counselor,

951and (2) the office or commissioner, as the case may be, reasonably

952concludes that a violation of any of said sections has occurred.

953(e) In instances where a violation of section 53a-70b of the general

954statutes, revision of 1958, revised to January 1, 2019, committed prior

955to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c,

95653a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82, 53a-192a or family violence,

957as defined in section 46b-38a, has been alleged, the Office of Victim

958Services or, on review, a victim compensation commissioner, may also

959order the payment of compensation under sections 54-201 to 54-218,

960inclusive, for personal injury suffered by a victim (1) as reported in an

961application for a restraining order under section 46b-15 or an

962application for a civil protection order under section 46b-16a, an

963affidavit supporting an application under section 46b-15 or section

96446b-16a, or on the record to the court, provided such restraining order

965or civil protection order was granted in the Superior Court following a

966hearing; or (2) as disclosed to a domestic violence counselor or a sexual

967assault counselor, as such terms are defined in section 52-146k.

968Sec. 38. Subdivision (14) of section 54-240 of the general statutes is

969repealed and the following is substituted in lieu thereof (Effective

970October 1, 2019):

971(14) "Sexual assault" means any act that constitutes a violation of

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972section 53a-70b of the general statutes, revision of 1958, revised to

973January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

97453a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a; and

975Sec. 39. Subdivision (11) of section 54-250 of the general statutes is

976repealed and the following is substituted in lieu thereof (Effective

977October 1, 2019):

978(11) "Sexually violent offense" means (A) a violation of section 53a-

97970b of the general statutes, revision of 1958, revised to January 1, 2019,

980committed prior to October 1, 2019, or section 53a-70, except

981subdivision (2) of subsection (a) of said section, 53a-70a, [53a-70b,] 53a-

98271, except subdivision (1), (4), (8) or (10) or subparagraph (B) of

983subdivision (9) of subsection (a) of said section or subparagraph (A) of

984subdivision (9) of subsection (a) of said section if the court makes a

985finding that, at the time of the offense, the victim was under eighteen

986years of age, 53a-72a, except subdivision (2) of subsection (a) of said

987section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court

988makes a finding that the offense was committed with intent to sexually

989violate or abuse the victim, (B) a violation of any of the offenses

990specified in subparagraph (A) of this subdivision for which a person is

991criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a

992violation of any predecessor statute to any of the offenses specified in

993subparagraph (A) or (B) of this subdivision the essential elements of

994which are substantially the same as said offense.

995Sec. 40. Subsections (a) to (c), inclusive, of section 54-255 of the

996general statutes are repealed and the following is substituted in lieu

997thereof (Effective October 1, 2019):

998(a) Upon the conviction or finding of not guilty by reason of mental

999disease or defect of any person for a violation of section 53a-70b of the

1000 general statutes, revision of 1958, revised to January 1, 2019, 1001 committed prior to October 1, 2019, the court may order the 1002 Department of Emergency Services and Public Protection to restrict the 1003 dissemination of the registration information to law enforcement

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1004 purposes only and to not make such information available for public 1005 access, provided the court finds that dissemination of the registration 1006 information is not required for public safety and that publication of the 1007 registration information would be likely to reveal the identity of the 1008 victim within the community where the victim resides. The court shall 1009 remove the restriction on the dissemination of such registration 1010 information if, at any time, the court finds that public safety requires 1011 that such person's registration information be made available to the 1012 public or that a change of circumstances makes publication of such 1013 registration information no longer likely to reveal the identity of the 1014 victim within the community where the victim resides. Prior to 1015 ordering or removing the restriction on the dissemination of such 1016 person's registration information, the court shall consider any 1017 information or statements provided by the victim.

1018 (b) Upon the conviction or finding of not guilty by reason of mental 1019 disease or defect of any person of a criminal offense against a victim 1020 who is a minor, a nonviolent sexual offense or a sexually violent 1021 offense, where the victim of such offense was, at the time of the 1022 offense, under eighteen years of age and related to such person within 1023 any of the degrees of kindred specified in section 46b-21, the court may 1024 order the Department of Emergency Services and Public Protection to 1025 restrict the dissemination of the registration information to law 1026 enforcement purposes only and to not make such information 1027 available for public access, provided the court finds that dissemination 1028 of the registration information is not required for public safety and that 1029 publication of the registration information would be likely to reveal 1030 the identity of the victim within the community where the victim 1031 resides. The court shall remove the restriction on the dissemination of 1032 such registration information if, at any time, it finds that public safety 1033 requires that such person's registration information be made available 1034 to the public or that a change in circumstances makes publication of 1035 the registration information no longer likely to reveal the identity of 1036 the victim within the community where the victim resides.

1037 (c) Any person who: (1) Has been convicted or found not guilty by

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1038 reason of mental disease or defect of a violation of subdivision (1) of 1039 subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1040 1999, and was under nineteen years of age at the time of the offense; (2) 1041 has been convicted or found not guilty by reason of mental disease or 1042 defect of a violation of subdivision (2) of subsection (a) of section 53a- 1043 73a between October 1, 1988, and June 30, 1999; (3) has been convicted 1044 or found not guilty by reason of mental disease or defect of a criminal 1045 offense against a victim who is a minor, a nonviolent sexual offense or 1046 a sexually violent offense, between October 1, 1988, and June 30, 1999, 1047 where the victim of such offense was, at the time of the offense, under 1048 eighteen years of age and related to such person within any of the 1049 degrees of kindred specified in section 46b-21; (4) has been convicted 1050 or found not guilty by reason of mental disease or defect of a violation 1051 of section 53a-70b of the general statutes, revision of 1958, revised to 1052 January 1, 2019, committed prior to October 1, 2019, between October 1053 1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty 1054 by reason of mental disease or defect of any crime between October 1, 1055 1988, and September 30, 1998, which requires registration under 1056 sections 54-250 to 54-258a, inclusive, as amended by this act, and (A) 1057 served no jail or prison time as a result of such conviction or finding of 1058 not guilty by reason of mental disease or defect, (B) has not been 1059 subsequently convicted or found not guilty by reason of mental 1060 disease or defect of any crime which would require registration under 1061 sections 54-250 to 54-258a, inclusive, as amended by this act, and (C) 1062 has registered with the Department of Emergency Services and Public 1063 Protection in accordance with sections 54-250 to 54-258a, inclusive, as 1064 amended by this act; may petition the court to order the Department of 1065 Emergency Services and Public Protection to restrict the dissemination 1066 of the registration information to law enforcement purposes only and 1067 to not make such information available for public access. Any person 1068 who files such a petition shall, pursuant to subsection (b) of section 54- 1069 227, notify the Office of Victim Services and the Victim Services Unit 1070 within the Department of Correction of the filing of such petition. The 1071 Office of Victim Services or the Victim Services Unit within the 1072 Department of Correction, or both, shall, pursuant to section 54-230 or

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1073 54-230a, notify any victim who has requested notification pursuant to 1074 subsection (b) of section 54-228 of the filing of such petition. Prior to 1075 granting or denying such petition, the court shall consider any 1076 information or statements provided by the victim. The court may order 1077 the Department of Emergency Services and Public Protection to restrict 1078 the dissemination of the registration information to law enforcement 1079 purposes only and to not make such information available for public 1080 access, provided the court finds that dissemination of the registration 1081 information is not required for public safety.

1082 Sec. 41. Subsection (a) of section 54-260 of the general statutes is 1083 repealed and the following is substituted in lieu thereof (Effective

1084 October 1, 2019):

1085 (a) For the purposes of this section, "sexual offender" means any 1086 person convicted of a violation of section 53a-70b of the general 1087 statutes, revision of 1958, revised to January 1, 2019, committed prior 1088 to October 1, 2019, or subdivision (2) of section 53-21 of the general 1089 statutes in effect prior to October 1, 2000, or subdivision (2) of 1090 subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 1091 53a-71, 53a-72a or 53a-72b committed on or after October 1, 1995.

1092 Sec. 42. Subsection (j) of section 46b-38b of the general statutes is 1093 repealed and the following is substituted in lieu thereof (Effective July

1094 1, 2019):

1095 (j) The provisions of this section shall not apply to persons who are 1096 (1) attending an institution of higher education and presently residing 1097 together in on-campus housing [, provided such persons are not in a 1098 dating relationship] or in off-campus housing that is owned, managed 1099 or operated by the institution of higher education or its agent, 1100 provided such persons are not family or household members as 1101 defined in subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of 1102 section 46b-38a, and (2) presently residing in a dwelling unit, as 1103 defined in section 47a-1, and making payments pursuant to a rental 1104 agreement, as defined in section 47a-1, provided such persons are not

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1105 [in a dating relationship] family or household members as defined in 1106 subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of section 46b- 1107 38a.

1108 Sec. 43. Section 53a-70b of the general statutes is repealed. (Effective 1109 October 1, 2019)

Statement of Purpose:

To repeal section 53a-70b of the general statutes concerning sexual assault in a spousal or cohabitating relationship and to make conforming changes.

[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.]

HB 7396

Version: File+No.+851+R000851+FC
Author: Judiciary Committee

Created by BCL easyConverter SDK 5 (HTML Version)

Referred to Committee on JUDICIARY

Introduced by: (JUD)

AN ACT CONCERNING PARITY BETWEEN SEXUAL ASSAULT IN THE CASE OF A SPOUSAL OR COHABITATING RELATIONSHIP AND OTHER CRIMES OF SEXUAL ASSAULT AND CONCERNING THE INVESTIGATION OF A FAMILY VIOLENCE CRIME.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

1 Section 1. Subsection (a) of section 10a-55a of the general statutes is 2 repealed and the following is substituted in lieu thereof (Effective

3October 1, 2019):

4(a) On or before October 1, 1991, and annually thereafter, each

5institution of higher education shall prepare in such manner as the

6president of the Connecticut State Colleges and Universities shall

7prescribe a uniform campus crime report concerning crimes committed

8in the immediately preceding calendar year within the geographical

9limits of the property owned or under the control of such institution.

10Such report shall be in accordance with the uniform crime reporting

11system pursuant to section 29-1c, provided such report is limited to

12those offenses included in part I of the most recently published edition

13of the Uniform Crime Reports for the United States as authorized by

14the Federal Bureau of Investigation and the United States Department

15of Justice, sexual assault under section 53a-70b of the general statutes,

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16revision of 1958, revised to January 1, 2019, committed prior to October

171, 2019, or sections 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b

18and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e

19and family violence as designated under section 46b-38h, as amended

20by this act. The state police, local police departments and special police

21forces established pursuant to section 10a-156b, as amended by this

22act, shall cooperate with institutions of higher education in preparing

23such reports. Institutions with more than one campus shall prepare

24such reports for each campus.

25Sec. 2. Subdivision (5) of subsection (a) of section 10a-55m of the

26general statutes is repealed and the following is substituted in lieu

27thereof (Effective October 1, 2019):

28(5) "Intimate partner violence" means any physical or sexual harm

29against an individual by a current or former spouse of or person in a

30dating relationship with such individual that results from any action

31by such spouse or such person that may be classified as a sexual

32assault under section 53a-70b of the general statutes, revision of 1958,

33revised to January 1, 2019, committed prior to October 1, 2019, or

34section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

35stalking under section 53a-181c, 53a-181d or 53a-181e, or family

36violence as designated under section 46b-38h, as amended by this act;

37Sec. 3. Subsection (j) of section 17a-112 of the general statutes is

38repealed and the following is substituted in lieu thereof (Effective

39October 1, 2019):

40(j) The Superior Court, upon notice and hearing as provided in

41sections 45a-716 and 45a-717, as amended by this act, may grant a

42petition filed pursuant to this section if it finds by clear and convincing

43evidence that (1) the Department of Children and Families has made

44reasonable efforts to locate the parent and to reunify the child with the

45parent in accordance with subsection (a) of section 17a-111b, unless the

46court finds in this proceeding that the parent is unable or unwilling to

47benefit from reunification efforts, except that such finding is not

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48required if the court has determined at a hearing pursuant to section

4917a-111b, or determines at trial on the petition, that such efforts are not

50required, (2) termination is in the best interest of the child, and (3) (A)

51the child has been abandoned by the parent in the sense that the parent

52has failed to maintain a reasonable degree of interest, concern or

53responsibility as to the welfare of the child; (B) the child (i) has been

54found by the Superior Court or the Probate Court to have been

55neglected, abused or uncared for in a prior proceeding, or (ii) is found

56to be neglected, abused or uncared for and has been in the custody of

57the commissioner for at least fifteen months and the parent of such

58child has been provided specific steps to take to facilitate the return of

59the child to the parent pursuant to section 46b-129 and has failed to

60achieve such degree of personal rehabilitation as would encourage the

61belief that within a reasonable time, considering the age and needs of

62the child, such parent could assume a responsible position in the life of

63the child; (C) the child has been denied, by reason of an act or acts of

64parental commission or omission including, but not limited to, sexual

65molestation or exploitation, severe physical abuse or a pattern of

66abuse, the care, guidance or control necessary for the child's physical,

67educational, moral or emotional well-being, except that nonaccidental

68or inadequately explained serious physical injury to a child shall

69constitute prima facie evidence of acts of parental commission or

70omission sufficient for the termination of parental rights; (D) there is

71no ongoing parent-child relationship, which means the relationship

72that ordinarily develops as a result of a parent having met on a day-to-

73day basis the physical, emotional, moral and educational needs of the

76detrimental to the best interest of the child; (E) the parent of a child

77under the age of seven years who is neglected, abused or uncared for,

78has failed, is unable or is unwilling to achieve such degree of personal

79rehabilitation as would encourage the belief that within a reasonable

80period of time, considering the age and needs of the child, such parent

81could assume a responsible position in the life of the child and such

82parent's parental rights of another child were previously terminated

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83pursuant to a petition filed by the Commissioner of Children and

84Families; (F) the parent has killed through deliberate, nonaccidental act

85another child of the parent or has requested, commanded, importuned,

86attempted, conspired or solicited such killing or has committed an

87assault, through deliberate, nonaccidental act that resulted in serious

91compelling a spouse or cohabitor to engage in sexual intercourse by

92the use of force or by the threat of the use of force as described in

93section 53a-70b of the general statutes, revision of 1958, revised to

94January 1, 2019, committed prior to October 1, 2019, if such act resulted

95in the conception of the child.

96Sec. 4. Subsection (c) of section 17b-749k of the general statutes is

97repealed and the following is substituted in lieu thereof (Effective

98October 1, 2019):

99(c) The commissioner shall have the discretion to refuse payments

100for child care under any financial assistance program administered by

101him or her if the person or relative providing such child care has been

102convicted in this state or any other state of a felony, as defined in

103section 53a-25, involving the use, attempted use or threatened use of

104physical force against another person, of cruelty to persons under

105section 53-20, injury or risk of injury to or impairing morals of children

106under section 53-21, abandonment of children under the age of six

107years under section 53-23 or any felony where the victim of the felony

108is a child under eighteen years of age, or of a violation of section 53a-

10970b of the general statutes, revision of 1958, revised to January 1, 2019,

110committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-

11170b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record or

112was the subject of a substantiated report of child abuse in this state or

113any other state that the commissioner reasonably believes renders the

114person or relative unsuitable to provide child care.

115Sec. 5. Subsection (a) of section 19a-87a of the general statutes is

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116repealed and the following is substituted in lieu thereof (Effective

117October 1, 2019):

118(a) The Commissioner of Early Childhood shall have the discretion

119to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a-

12082 to 19a-87, inclusive, a person to conduct, operate or maintain a child

121care center or a group child care home, as described in section 19a-77,

122or to suspend or revoke the license or take any other action set forth in

123regulation that may be adopted pursuant to section 19a-79 if, the

124person who owns, conducts, maintains or operates such center or

125home or a person employed therein in a position connected with the

126provision of care to a child receiving child care services, has been

127convicted in this state or any other state of a felony as defined in

128section 53a-25 involving the use, attempted use or threatened use of

129physical force against another person, of cruelty to persons under

130section 53-20, injury or risk of injury to or impairing morals of children

131under section 53-21, abandonment of children under the age of six

132years under section 53-23, or any felony where the victim of the felony

133is a child under eighteen years of age, or of a violation of section 53a-

13470b of the general statutes, revision of 1958, revised to January 1, 2019,

135committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-

13670b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in

137this state or any other state that the commissioner reasonably believes

138renders the person unsuitable to own, conduct, operate or maintain or

139be employed by a child care center or group child care home.

140However, no refusal of a license shall be rendered except in accordance

141with the provisions of sections 46a-79 to 46a-81, inclusive.

142Sec. 6. Subsection (a) of section 19a-87e of the general statutes is

143repealed and the following is substituted in lieu thereof (Effective

144October 1, 2019):

145(a) The Commissioner of Early Childhood may (1) refuse to license

146under section 19a-87b, a person to own, conduct, operate or maintain a

147family child care home, as defined in section 19a-77, (2) refuse to

148approve under section 19a-87b, a person to act as an assistant or

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149substitute staff member in a family child care home, as defined in

150section 19a-77, or (3) suspend or revoke the license or approval or take

151any other action that may be set forth in regulation that may be

152adopted pursuant to section 19a-79 if the person who owns, conducts,

153maintains or operates the family child care home, the person who acts

154as an assistant or substitute staff member in a family child care home, a

155person employed in such family child care home in a position

156connected with the provision of care to a child receiving child care

157services or a household member, as defined in subsection (c) of section

15819a-87b, who is sixteen years of age or older and resides therein, has

159been convicted, in this state or any other state of a felony, as defined in

160section 53a-25, involving the use, attempted use or threatened use of

161physical force against another person, or has a criminal record in this

162state or any other state that the commissioner reasonably believes

163renders the person unsuitable to own, conduct, operate or maintain or

164be employed by a family child care home, or act as an assistant or

165substitute staff member in a family child care home, or if such persons

166or a household member has been convicted in this state or any other

167state of cruelty to persons under section 53-20, injury or risk of injury

168to or impairing morals of children under section 53-21, abandonment

169of children under the age of six years under section 53-23, or any

170felony where the victim of the felony is a child under eighteen years of

171age, a violation of section 53a-70b of the general statutes, revision of

1721958, revised to January 1, 2019, committed prior to October 1, 2019, or

173section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

174illegal manufacture, distribution, sale, prescription, dispensing or

175administration under section 21a-277 or 21a-278, or illegal possession

176under section 21a-279, or if such person, a person who acts as assistant

177or substitute staff member in a family child care home or a person

178employed in such family child care home in a position connected with

179the provision of care to a child receiving child care services, either fails

180to substantially comply with the regulations adopted pursuant to

181section 19a-87b, or conducts, operates or maintains the home in a

182manner which endangers the health, safety and welfare of the children

183receiving child care services. Any refusal of a license or approval

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184pursuant to this section shall be rendered in accordance with the

185provisions of sections 46a-79 to 46a-81, inclusive. Any person whose

186license or approval has been revoked pursuant to this section shall be

187ineligible to apply for a license or approval for a period of one year

188from the effective date of revocation.

189Sec. 7. Section 19a-112b of the general statutes is repealed and the

190following is substituted in lieu thereof (Effective October 1, 2019):

191The Department of Public Health shall provide to victims of a

192sexual act constituting a violation of section 53a-70b of the general

193statutes, revision of 1958, revised to January 1, 2019, committed prior

194to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71,

19553a-72a, 53a-72b, 53a-73a or 53a-192a, regardless of whether any

196person is convicted or adjudicated delinquent for such violation, the

197 following services: (1) Counseling regarding human

198immunodeficiency virus and acquired immune deficiency syndrome;

199(2) HIV-related testing; and (3) referral service for appropriate health

200care and support services. Such services shall be provided through

201counseling and testing sites funded by the Department of Public

202Health.

203Sec. 8. Subdivision (5) of section 19a-112e of the general statutes is

204repealed and the following is substituted in lieu thereof (Effective

205October 1, 2019):

206(5) "Sexual offense" means a violation of section 53a-70b of the

207 general statutes, revision of 1958, revised to January 1, 2019,

208committed prior to October 1, 2019, or subsection (a) of section 53a-70

209[,] or section 53a-70a, [or 53a-70b,] subsection (a) of section 53a-71,

210section 53a-72a or 53a-72b, subdivision (2) of subsection (a) of section

21153a-86, subdivision (2) of subsection (a) of section 53a-87 or section

21253a-90a, 53a-196a or 53a-196b.

213Sec. 9. Subdivision (8) of section 31-57r of the general statutes is

214repealed and the following is substituted in lieu thereof (Effective

215October 1, 2019):

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216(8) "Sexual assault" means any act that constitutes a violation of

217section 53a-70b of the general statutes, revision of 1958, revised to

218January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

21953a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a;

220Sec. 10. Subsections (g) and (h) of section 45a-717 of the general

221statutes are repealed and the following is substituted in lieu thereof

222(Effective October 1, 2019):

223(g) At the adjourned hearing or at the initial hearing where no

224investigation and report has been requested, the court may approve a

225petition terminating the parental rights and may appoint a guardian of

226the person of the child, or, if the petitioner requests, the court may

227appoint a statutory parent, if it finds, upon clear and convincing

228evidence, that (1) the termination is in the best interest of the child, and

229(2) (A) the child has been abandoned by the parent in the sense that the

230parent has failed to maintain a reasonable degree of interest, concern

231or responsibility as to the welfare of the child; (B) the child has been

232denied, by reason of an act or acts of parental commission or omission,

233including, but not limited to, sexual molestation and exploitation,

234severe physical abuse or a pattern of abuse, the care, guidance or

235control necessary for the child's physical, educational, moral or

236emotional well-being. Nonaccidental or inadequately explained

237serious physical injury to a child shall constitute prima facie evidence

238 of acts of parental commission or omission sufficient for the

239termination of parental rights; (C) there is no ongoing parent-child

240relationship which is defined as the relationship that ordinarily

241develops as a result of a parent having met on a continuing, day-to-

242day basis the physical, emotional, moral and educational needs of the

243 child and to allow further time for the establishment or

244reestablishment of the parent-child relationship would be detrimental

245to the best interests of the child; (D) a child of the parent (i) was found

246by the Superior Court or the Probate Court to have been neglected,

247abused or uncared for, as those terms are defined in section 46b-120, in

248a prior proceeding, or (ii) is found to be neglected, abused or uncared

249for and has been in the custody of the commissioner for at least fifteen

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250months and such parent has been provided specific steps to take to

251facilitate the return of the child to the parent pursuant to section 46b-

252129 and has failed to achieve such degree of personal rehabilitation as

253would encourage the belief that within a reasonable time, considering

254the age and needs of the child, such parent could assume a responsible

255position in the life of the child; (E) a child of the parent, who is under

256the age of seven years is found to be neglected, abused or uncared for,

257and the parent has failed, is unable or is unwilling to achieve such

258degree of personal rehabilitation as would encourage the belief that

259within a reasonable amount of time, considering the age and needs of

260the child, such parent could assume a responsible position in the life of

261the child and such parent's parental rights of another child were

262 previously terminated pursuant to a petition filed by the

263Commissioner of Children and Families; (F) the parent has killed

264through deliberate, nonaccidental act another child of the parent or has

265requested, commanded, importuned, attempted, conspired or solicited

266such killing or has committed an assault, through deliberate,

267nonaccidental act that resulted in serious bodily injury of another child

268of the parent; (G) except as provided in subsection (h) of this section,

269the parent committed an act that constitutes sexual assault as

270described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b

271or 53a-73a or compelling a spouse or cohabitor to engage in sexual

272intercourse by the use of force or by the threat of the use of force as

273described in section 53a-70b of the general statutes, revision of 1958,

274revised to January 1, 2019, committed prior to October 1, 2019, if such

275act resulted in the conception of the child; or (H) the parent was finally

276adjudged guilty of sexual assault under section 53a-70, 53a-70a, 53a-

27770c, 53a-71, 53a-72a, 53a-72b or 53a-73a or of compelling a spouse or

278cohabitor to engage in sexual intercourse by the use of force or by the

279threat of the use of force under section 53a-70b of the general statutes,

280revision of 1958, revised to January 1, 2019, committed prior to October

2811, 2019, if such act resulted in the conception of the child.

282(h) If the petition alleges an act described in subparagraph (G) of

283subdivision (2) of subsection (g) of this section that resulted in the

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284conception of the child as a basis for termination of parental rights and

285the court determines that the respondent parent was finally adjudged

286not guilty of such act of sexual assault under section 53a-70, 53a-70a,

28753a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or

288cohabitor to engage in sexual intercourse by the use of force or by the

289threat of the use of force under section 53a-70b of the general statutes,

290revision of 1958, revised to January 1, 2019, committed prior to October

2911, 2019, the court shall transfer the case to the Superior Court and the

292clerk of the Probate Court shall transmit to the clerk of the Superior

293Court to which the case was transferred, the original files and papers

294in the case. The Superior Court, upon hearing after notice as provided

295in this section and section 45a-716, may grant the petition as provided

296in this section.

297Sec. 11. Section 46b-38h of the general statutes is repealed and the

298following is substituted in lieu thereof (Effective October 1, 2019):

299If any person is convicted of a violation of section 53a-70b of the

300 general statutes, revision of 1958, revised to January 1, 2019,

301committed prior to October 1, 2019, or section 53a-59, 53a-59a, 53a-59c,

30253a-60, 53a-60a, 53a-60b, 53a-60c, 53a-62, 53a-63, 53a-64, 53a-64aa, 53a-

30364bb, 53a-64cc, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-

30472b, 53a-181, 53a-181c, 53a-181d, 53a-181e, 53a-182, 53a-182b, 53a-183,

30553a-223, 53a-223a or 53a-223b, against a family or household member,

306as defined in section 46b-38a, the court shall include a designation that

307such conviction involved family violence on the court record for the

308purposes of criminal history record information, as defined in

309subsection (a) of section 54-142g.

310Sec. 12. Subsection (a) of section 47a-11e of the general statutes is

311repealed and the following is substituted in lieu thereof (Effective

312October 1, 2019):

313(a) Notwithstanding the provisions of this chapter and chapter 831,

314for rental agreements entered into or renewed on or after January 1,

3152011, any tenant who (1) is a victim of family violence, as defined in

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316section 46b-38a, and (2) reasonably believes it is necessary to vacate the

317dwelling unit due to fear of imminent harm to the tenant or a

318dependent of the tenant because of family violence, may terminate his

319or her rental agreement with the landlord for the dwelling unit that the

320tenant occupies without penalty or liability for the remaining term of

321the rental agreement by giving written notice to the landlord at least

322thirty days prior to the date the tenant intends to terminate the rental

323agreement. Notwithstanding the provisions of this chapter and chapter

324831, for rental agreements entered into or renewed on or after January

3251, 2014, any tenant who (A) is a victim of sexual assault under any

326provision of section 53a-70b of the general statutes, revision of 1958,

327revised to January 1, 2019, committed prior to October 1, 2019, or

328section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

329or is the parent or guardian with physical custody of a dependent who

330is the victim of sexual assault under section 53a-70c, and (B) reasonably

331believes it is necessary to vacate the dwelling unit due to fear of

332imminent harm to the tenant or a dependent of the tenant because of

333such sexual assault, may terminate his or her rental agreement with

334the landlord for the dwelling unit that the tenant occupies without

335penalty or liability for the remaining term of the rental agreement by

336giving written notice to the landlord at least thirty days prior to the

337date the tenant intends to terminate the rental agreement.

338Sec. 13. Subsection (a) of section 52-161b of the general statutes is

339repealed and the following is substituted in lieu thereof (Effective

340October 1, 2019):

341(a) A pro se litigant in any civil matter, including a habeas corpus

342proceeding, shall notify the clerk of the court if such litigant has been

343convicted of a family violence crime, as defined in section 53a-70b of

344the general statutes, revision of 1958, revised to January 1, 2019,

345committed prior to October 1, 2019, or section 46b-38a, or a violation of

346section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-

34773a, 53a-181c, 53a-181d or 53a-181e and if the subject of a subpoena to

348be issued by such litigant in such matter is the victim of the crime for

349which such litigant was convicted.

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350Sec. 14. Subsection (f) of section 53a-29 of the general statutes is

351repealed and the following is substituted in lieu thereof (Effective

352October 1, 2019):

353(f) The period of probation, unless terminated sooner as provided in

354section 53a-32, shall be not less than ten years or more than thirty-five

355years for conviction of a violation of section 53a-70b of the general

356statutes, revision of 1958, revised to January 1, 2019, committed prior

357to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21

358[,] or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a-

35990a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a, or

360section 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f.

361Sec. 15. Subsection (a) of section 53a-30 of the general statutes is

362repealed and the following is substituted in lieu thereof (Effective

363October 1, 2019):

364(a) When imposing sentence of probation or conditional discharge,

365the court may, as a condition of the sentence, order that the defendant:

366(1) Work faithfully at a suitable employment or faithfully pursue a

367course of study or of vocational training that will equip the defendant

368for suitable employment; (2) undergo medical or psychiatric treatment

369and remain in a specified institution, when required for that purpose;

370(3) support the defendant's dependents and meet other family

371obligations; (4) make restitution of the fruits of the defendant's offense

372or make restitution, in an amount the defendant can afford to pay or

373provide in a suitable manner, for the loss or damage caused thereby.

374The court or the Court Support Services Division, if authorized by the

375court, may fix the amount thereof and the manner of performance, and

376the victim shall be advised by the court or the Court Support Services

377Division that restitution ordered under this section may be enforced

378pursuant to section 53a-28a; (5) if a minor, (A) reside with the minor's

379parents or in a suitable foster home, (B) attend school, and (C)

380contribute to the minor's own support in any home or foster home; (6)

381post a bond or other security for the performance of any or all

382conditions imposed; (7) refrain from violating any criminal law of the

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383United States, this state or any other state; (8) if convicted of a

384misdemeanor or a felony, other than a capital felony under the

385provisions of section 53a-54b in effect prior to April 25, 2012, a class A

386felony or a violation of section 53a-70b of the general statutes, revision

387of 1958, revised to January 1, 2019, committed prior to October 1, 2019,

388or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-

38958 [or 53a-70b] or any offense for which there is a mandatory

390minimum sentence which may not be suspended or reduced by the

391court, and any sentence of imprisonment is suspended, participate in

392 an alternate incarceration program; (9) reside in a residential

393community center or halfway house approved by the Commissioner of

394Correction, and contribute to the cost incident to such residence; (10)

395participate in a program of community service labor in accordance

396with section 53a-39c; (11) participate in a program of community

397service in accordance with section 51-181c; (12) if convicted of a

398violation of section 53a-70b of the general statutes, revision of 1958,

399revised to January 1, 2019, committed prior to October 1, 2019, or

400subdivision (2) of subsection (a) of section 53-21 [,] or section 53a-70,

40153a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, undergo specialized

402sexual offender treatment; (13) if convicted of a criminal offense

403against a victim who is a minor, a nonviolent sexual offense or a

404sexually violent offense, as defined in section 54-250, as amended by

405this act, or of a felony that the court finds was committed for a sexual

406purpose, as provided in section 54-254, register such person's

407identifying factors, as defined in section 54-250, as amended by this

408act, with the Commissioner of Emergency Services and Public

409Protection when required pursuant to section 54-251, 54-252 or 54-253,

410as the case may be; (14) be subject to electronic monitoring, which may

411include the use of a global positioning system; (15) if convicted of a

412violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l,

413participate in an anti-bias or diversity awareness program or

414participate in a program of community service designed to remedy

415damage caused by the commission of a bias crime or otherwise related

416to the defendant's violation; (16) if convicted of a violation of section

41753-247, undergo psychiatric or psychological counseling or participate

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418in an animal cruelty prevention and education program provided such

419a program exists and is available to the defendant; or (17) satisfy any

420other conditions reasonably related to the defendant's rehabilitation.

421The court shall cause a copy of any such order to be delivered to the

422defendant and to the probation officer, if any.

423Sec. 16. Section 53a-32a of the general statutes is repealed and the

424following is substituted in lieu thereof (Effective October 1, 2019):

425If a defendant who entered a plea of nolo contendere or a guilty

426plea under the Alford doctrine to a violation of subdivision (2) of

427section 53-21 of the general statutes in effect prior to October 1, 2000,

428section 53a-70b of the general statutes, revision of 1958, revised to

429January 1, 2019, committed prior to October 1, 2019, or subdivision (2)

430of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,]

43153a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual

432offender treatment as a condition of probation, becomes ineligible for

433such treatment because of such defendant's refusal to acknowledge

434that such defendant committed the act or acts charged, such defendant

435shall be deemed to be in violation of the conditions of such defendant's

436probation and be returned to court for proceedings in accordance with

437section 53a-32.

438Sec. 17. Section 53a-33 of the general statutes is repealed and the

439following is substituted in lieu thereof (Effective October 1, 2019):

440The court or sentencing judge may at any time during the period of

441probation or conditional discharge, after hearing and for good cause

442shown, terminate a sentence of probation or conditional discharge

443before the completion thereof, except a sentence of probation imposed

444for conviction of a violation of subdivision (2) of section 53-21 of the

445general statutes in effect prior to October 1, 2000, section 53a-70b of the

446 general statutes, revision of 1958, revised to January 1, 2019,

447committed prior to October 1, 2019, or subdivision (2) of subsection (a)

448of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or

44953a-72b.

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450Sec. 18. Subsection (a) of section 53a-39a of the general statutes is

451repealed and the following is substituted in lieu thereof (Effective

452October 1, 2019):

453(a) In all cases where a defendant has been convicted of a

454misdemeanor or a felony, other than a capital felony under the

455provisions of section 53a-54b in effect prior to April 25, 2012, a class A

456felony or a violation of section 53a-70b of the general statutes, revision

457of 1958, revised to January 1, 2019, committed prior to October 1, 2019,

458or section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57 [,] or 53a-

45958 [or 53a-70b] or any other offense for which there is a mandatory

460minimum sentence which may not be suspended or reduced by the

461court, after trial or by a plea of guilty without trial, and a term of

462imprisonment is part of a stated plea agreement or the statutory

463penalty provides for a term of imprisonment, the court may, in its

464discretion, order an assessment for placement in an alternate

465incarceration program under contract with the Judicial Department. If

466the Court Support Services Division recommends placement in an

467alternate incarceration program, it shall also submit to the court a

468proposed alternate incarceration plan. Upon completion of the

469assessment, the court shall determine whether such defendant shall be

470 ordered to participate in such program as an alternative to

471incarceration. If the court determines that the defendant shall

472participate in such program, the court shall suspend any sentence of

473 imprisonment and shall make participation in the alternate

474incarceration program a condition of probation as provided in section

47553a-30, as amended by this act.

476Sec. 19. Subsection (d) of section 53a-40 of the general statutes is

477repealed and the following is substituted in lieu thereof (Effective

478October 1, 2019):

479(d) A persistent serious sexual offender is a person, other than a

480person who qualifies as a persistent dangerous sexual offender under

481subsection (b) of this section, who qualifies as a persistent serious

482felony offender under subsection (c) of this section and the felony of

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483which such person presently stands convicted is a violation of section

48453a-70b of the general statutes, revision of 1958, revised to January 1,

4852019, committed prior to October 1, 2019, or subdivision (2) of

486subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,]

48753a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of

488section 53-21 of the general statutes, revised to January 1, 1995,

489involving sexual contact, committed prior to October 1, 1995, a

490violation of subdivision (2) of section 53-21 of the general statutes,

491committed on or after October 1, 1995, and prior to October 1, 2000, a

492violation of section 53a-70b of the general statutes, revision of 1958,

493revised to January 1, 2019, committed prior to October 1, 2019, or a

494violation of subdivision (2) of subsection (a) of section 53-21 or a

495violation of section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-

49672b.

497Sec. 20. Subsection (a) of section 53a-40e of the general statutes is

498repealed and the following is substituted in lieu thereof (Effective

499October 1, 2019):

500(a) If any person is convicted of (1) a violation of section 53a-70b of

501the general statutes, revision of 1958, revised to January 1, 2019,

502committed prior to October 1, 2019, or subdivision (1) or (2) of

503subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a,

50453a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a,

50553a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183,

506subdivision (2) of subsection (a) of section 53a-192a, section 53a-223,

50753a-223a or 53a-223b or attempt or conspiracy to violate any of said

508sections or section 53a-54a, or (2) any crime that the court determines

509constitutes a family violence crime, as defined in section 46b-38a, or

510attempt or conspiracy to commit any such crime, the court may, in

511addition to imposing the sentence authorized for the crime under

512section 53a-35a or 53a-36, if the court is of the opinion that the history

513and character and the nature and circumstances of the criminal

514conduct of such offender indicate that a standing criminal protective

515order will best serve the interest of the victim and the public, issue a

516standing criminal protective order which shall remain in effect for a

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517duration specified by the court until modified or revoked by the court

518for good cause shown. If any person is convicted of any crime not

519specified in subdivision (1) or (2) of this subsection, the court may, for

520good cause shown, issue a standing criminal protective order pursuant

521to this subsection.

522Sec. 21. Section 53a-65 of the general statutes is repealed and the

523following is substituted in lieu thereof (Effective October 1, 2019):

524As used in this part, [except section 53a-70b,] the following terms

525have the following meanings:

526(1) "Actor" means a person accused of sexual assault.

527(2) "Sexual intercourse" means vaginal intercourse, anal intercourse,

528fellatio or cunnilingus between persons regardless of sex. Its meaning

529is limited to persons not married to each other. Penetration, however

530slight, is sufficient to complete vaginal intercourse, anal intercourse or

531fellatio and does not require emission of semen. Penetration may be

532committed by an object manipulated by the actor into the genital or

533anal opening of the victim's body.

534(3) "Sexual contact" means any contact with the intimate parts of a

535person not married to the actor for the purpose of sexual gratification

536of the actor or for the purpose of degrading or humiliating such person

537or any contact of the intimate parts of the actor with a person not

538married to the actor for the purpose of sexual gratification of the actor

539or for the purpose of degrading or humiliating such person.

540(4) "Impaired because of mental disability or disease" means that a

541person suffers from a mental disability or disease which renders such

542person incapable of appraising the nature of such person's conduct.

543(5) "Mentally incapacitated" means that a person is rendered

544temporarily incapable of appraising or controlling such person's

545conduct owing to the influence of a drug or intoxicating substance

546administered to such person without such person's consent, or owing

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547to any other act committed upon such person without such person's

548consent.

549(6) "Physically helpless" means that a person is (A) unconscious, or

550(B) for any other reason, is physically unable to resist an act of sexual

551intercourse or sexual contact or to communicate unwillingness to an

552act of sexual intercourse or sexual contact.

553(7) "Use of force" means: (A) Use of a dangerous instrument; or (B)

554use of actual physical force or violence or superior physical strength

555against the victim.

556(8) "Intimate parts" means the genital area or any substance emitted

557therefrom, groin, anus or any substance emitted therefrom, inner

558thighs, buttocks or breasts.

559(9) "Psychotherapist" means a physician, psychologist, nurse,

560substance abuse counselor, social worker, clergyman, marital and

561family therapist, mental health service provider, hypnotist or other

562person, whether or not licensed or certified by the state, who performs

563or purports to perform psychotherapy.

564(10) "Psychotherapy" means the professional treatment, assessment

565or counseling of a mental or emotional illness, symptom or condition.

566(11) "Emotionally dependent" means that the nature of the patient's

567or former patient's emotional condition and the nature of the treatment

568provided by the psychotherapist are such that the psychotherapist

569knows or has reason to know that the patient or former patient is

570unable to withhold consent to sexual contact by or sexual intercourse

571with the psychotherapist.

572(12) "Therapeutic deception" means a representation by a

573psychotherapist that sexual contact by or sexual intercourse with the

574psychotherapist is consistent with or part of the patient's treatment.

575(13) "School employee" means: (A) A teacher, substitute teacher,

576school administrator, school superintendent, guidance counselor,

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577school counselor, psychologist, social worker, nurse, physician, school

578paraprofessional or coach employed by a local or regional board of

579education or a private elementary, middle or high school or working in

580a public or private elementary, middle or high school; or (B) any other

581person who, in the performance of his or her duties, has regular

582contact with students and who provides services to or on behalf of

583students enrolled in (i) a public elementary, middle or high school,

584pursuant to a contract with the local or regional board of education, or

585(ii) a private elementary, middle or high school, pursuant to a contract

586with the supervisory agent of such private school.

587Sec. 22. Subsection (b) of section 53a-67 of the general statutes is

588repealed and the following is substituted in lieu thereof (Effective

589October 1, 2019):

590(b) In any prosecution for an offense under this part, except an

591offense under section 53a-70b of the general statutes, revision of 1958,

592revised to January 1, 2019, committed prior to October 1, 2019, or

593section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, it shall be

594an affirmative defense that the defendant and the alleged victim were,

595at the time of the alleged offense, living together by mutual consent in

596a relationship of cohabitation, regardless of the legal status of their

597relationship.

598Sec. 23. Subsection (h) of section 54-56d of the general statutes is

599repealed and the following is substituted in lieu thereof (Effective

600October 1, 2019):

601(h) (1) If, at the hearing, the court finds that there is a substantial

602probability that the defendant, if provided with a course of treatment,

603will regain competency within the period of any placement order

604under this section, the court shall either (A) order placement of the

605defendant for treatment for the purpose of rendering the defendant

606competent, or (B) order placement of the defendant at a treatment

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609(2) (A) Except as provided in subparagraph (B) of this subdivision, if

610the court makes a finding pursuant to subdivision (1) of this subsection

611and does not order placement pursuant to subparagraph (A) of said

612subdivision, the court shall, on its own motion or on motion of the

613state or the defendant, order placement of the defendant in the custody

614of the Commissioner of Mental Health and Addiction Services at a

615treatment facility pending civil commitment proceedings. The

616treatment facility shall be determined by the Commissioner of Mental

617Health and Addiction Services. Such order shall: (i) Include an

618authorization for the Commissioner of Mental Health and Addiction

619Services to apply for civil commitment of such defendant pursuant to

620sections 17a-495 to 17a-528, inclusive; (ii) permit the defendant to agree

621to request voluntarily to be admitted under section 17a-506 and

622 participate voluntarily in a treatment plan prepared by the

623Commissioner of Mental Health and Addiction Services, and require

624that the defendant comply with such treatment plan; and (iii) provide

625that if the application for civil commitment is denied or not pursued

626by the Commissioner of Mental Health and Addiction Services, or if

627the defendant is unwilling or unable to comply with a treatment plan

628despite reasonable efforts of the treatment facility to encourage the

629defendant's compliance, the person in charge of the treatment facility,

630or such person's designee, shall submit a written progress report to the

631court and the defendant shall be returned to the court for a hearing

632pursuant to subsection (k) of this section. Such written progress report

633shall include the status of any civil commitment proceedings

634concerning the defendant, the defendant's compliance with the

637submitting the report and the facts upon which the findings are based,

638and any other information concerning the defendant requested by the

639court, including, but not limited to, the method of treatment or the

640type, dosage and effect of any medication the defendant is receiving.

641The Court Support Services Division shall monitor the defendant's

642compliance with any applicable provisions of such order. The period

643of placement and monitoring under such order shall not exceed the

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644period of the maximum sentence which the defendant could receive on

645conviction of the charges against such defendant, or eighteen months,

646whichever is less. If the defendant has complied with such treatment

647plan and any applicable provisions of such order, at the end of the

648period of placement and monitoring, the court shall approve the entry

649of a nolle prosequi to the charges against the defendant or shall

650dismiss such charges.

651(B) This subdivision shall not apply: (i) To any person charged with

652a class A felony, a class B felony, except a violation of section 53a-122

653that does not involve the use, attempted use or threatened use of

654physical force against another person, or a violation of section 53a-70b

655of the general statutes, revision of 1958, revised to January 1, 2019,

656committed prior to October 1, 2019, or section 14-227a or 14-227m,

657subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision

658(2) of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70,

65953a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b; (ii) to any person

660charged with a crime or motor vehicle violation who, as a result of the

661commission of such crime or motor vehicle violation, causes the death

662of another person; or (iii) unless good cause is shown, to any person

663charged with a class C felony.

664Sec. 24. Subsection (c) of section 54-56e of the general statutes is

665repealed and the following is substituted in lieu thereof (Effective

666October 1, 2019):

667(c) This section shall not be applicable: (1) To any person charged

668with (A) a class A felony, (B) a class B felony, except a violation of

669subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does

670not involve the use, attempted use or threatened use of physical force

671against another person, or a violation of subdivision (4) of subsection

672(a) of section 53a-122 that does not involve the use, attempted use or

673threatened use of physical force against another person and does not

674involve a violation by a person who is a public official, as defined in

675section 1-110, or a state or municipal employee, as defined in section 1-

676110, or (C) a violation of section 53a-70b of the general statutes,

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677revision of 1958, revised to January 1, 2019, committed prior to October

6781, 2019, or section 14-227a or 14-227m, subdivision (1) or (2) of

679subsection (a) of section 14-227n, subdivision (2) of subsection (a) of

680section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-

68171, except as provided in subdivision (5) of this subsection, 53a-72a,

68253a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a

683crime or motor vehicle violation who, as a result of the commission of

684such crime or motor vehicle violation, causes the death of another

685person, (3) to any person accused of a family violence crime as defined

686in section 46b-38a who (A) is eligible for the pretrial family violence

687education program established under section 46b-38c, or (B) has

688previously had the pretrial family violence education program

689invoked in such person's behalf, (4) to any person charged with a

690violation of section 21a-267 or 21a-279 who (A) is eligible for the

691pretrial drug education and community service program established

692under section 54-56i, or (B) has previously had the pretrial drug

693education program or the pretrial drug education and community

694service program invoked on such person's behalf, (5) unless good

695cause is shown, to (A) any person charged with a class C felony, or (B)

696any person charged with committing a violation of subdivision (1) of

697subsection (a) of section 53a-71 while such person was less than four

698years older than the other person, (6) to any person charged with a

699violation of section 9-359 or 9-359a, (7) to any person charged with a

700motor vehicle violation (A) while operating a commercial motor

701vehicle, as defined in section 14-1, or (B) who holds a commercial

702driver's license or commercial driver's instruction permit at the time of

703the violation, (8) to any person charged with a violation of subdivision

704(6) of subsection (a) of section 53a-60, or (9) to a health care provider or

705vendor participating in the state's Medicaid program charged with a

706violation of section 53a-122 or subdivision (4) of subsection (a) of

707section 53a-123.

708Sec. 25. Subdivision (2) of section 54-76b of the general statutes is

709repealed and the following is substituted in lieu thereof (Effective

710October 1, 2019):

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711(2) "Youthful offender" means a youth who (A) is charged with the

712commission of a crime which is not a class A felony or a violation of

713section 53a-70b of the general statutes, revision of 1958, revised to

714January 1, 2019, committed prior to October 1, 2019, or section 14-222a,

715subsection (a) or subdivision (1) of subsection (b) of section 14-224,

716section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection

717(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21

718or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except

719a violation involving consensual sexual intercourse or sexual contact

720between the youth and another person who is thirteen years of age or

721older but under sixteen years of age, and (B) has not previously been

722convicted of a felony in the regular criminal docket of the Superior

723Court or been previously adjudged a serious juvenile offender or

724serious juvenile repeat offender, as defined in section 46b-120.

725Sec. 26. Subsection (a) of section 54-76c of the general statutes is

726repealed and the following is substituted in lieu thereof (Effective

727October 1, 2019):

728(a) In any case where an information or complaint has been laid

729charging a defendant with the commission of a crime, and where it

730appears that the defendant is a youth, such defendant shall be

731presumed to be eligible to be adjudged a youthful offender and the

732court having jurisdiction shall, but only as to the public, order the

733court file sealed, unless such defendant (1) is charged with the

734commission of a crime which is a class A felony or a violation of

735section 53a-70b of the general statutes, revision of 1958, revised to

736January 1, 2019, committed prior to October 1, 2019, or section 14-222a,

737subsection (a) or subdivision (1) of subsection (b) of section 14-224,

738section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection

739(a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21

740or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except

741a violation involving consensual sexual intercourse or sexual contact

742between the youth and another person who is thirteen years of age or

743older but under sixteen years of age, or (2) has been previously

744convicted of a felony in the regular criminal docket of the Superior

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745Court or been previously adjudged a serious juvenile offender or

746serious juvenile repeat offender, as defined in section 46b-120. Except

747as provided in subsection (b) of this section, upon motion of the

748prosecuting official, the court may order that an investigation be made

749 of such defendant under section 54-76d, for the purpose of

750determining whether such defendant is ineligible to be adjudged a

751youthful offender, provided the court file shall remain sealed, but only

752as to the public, during such investigation.

753Sec. 27. Subsection (a) of section 54-76l of the general statutes is

754repealed and the following is substituted in lieu thereof (Effective

755October 1, 2019):

756(a) The records or other information of a youth, other than a youth

757arrested for or charged with the commission of a crime which is a class

758A felony or a violation of section 53a-70b of the general statutes,

759revision of 1958, revised to January 1, 2019, committed prior to October

7601, 2019, or section 14-222a, subsection (a) or subdivision (1) of

761subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m,

762subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision

763(2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-

764 70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving

765consensual sexual intercourse or sexual contact between the youth and

766another person who is thirteen years of age or older but under sixteen

767years of age, including fingerprints, photographs and physical

768descriptions, shall be confidential and shall not be open to public

769inspection or be disclosed except as provided in this section, but such

770fingerprints, photographs and physical descriptions submitted to the

771State Police Bureau of Identification of the Division of State Police

772within the Department of Emergency Services and Public Protection at

773the time of the arrest of a person subsequently adjudged, or

774subsequently presumed or determined to be eligible to be adjudged, a

775youthful offender shall be retained as confidential matter in the files of

776the bureau and be opened to inspection only as provided in this

777section. Other data ordinarily received by the bureau, with regard to

778persons arrested for a crime, shall be forwarded to the bureau to be

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779 filed, in addition to such fingerprints, photographs and physical 780 descriptions, and be retained in the division as confidential

781information, open to inspection only as provided in this section.

782Sec. 28. Section 54-86d of the general statutes is repealed and the

783following is substituted in lieu thereof (Effective October 1, 2019):

784Any person who has been the victim of a sexual assault under

785section 53a-70b of the general statutes, revision of 1958, revised to

786January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

78753a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a,

788voyeurism under section 53a-189a, or injury or risk of injury, or

789impairing of morals under section 53-21, or of an attempt thereof, or

790family violence, as defined in section 46b-38a, shall not be required to

791divulge his or her address or telephone number during any trial or

792pretrial evidentiary hearing arising from the sexual assault, voyeurism

793or injury or risk of injury to, or impairing of morals of, a child, or

794family violence; provided the judge presiding over such legal

795proceeding finds: (1) Such information is not material to the

796proceeding, (2) the identity of the victim has been satisfactorily

797established, and (3) the current address of the victim will be made

798available to the defense in the same manner and time as such

799information is made available to the defense for other criminal

800offenses.

801Sec. 29. Section 54-86e of the general statutes is repealed and the

802following is substituted in lieu thereof (Effective October 1, 2019):

803The name and address of the victim of a sexual assault under

804section 53a-70b of the general statutes, revision of 1958, revised to

805January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

80653a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a,

807voyeurism under section 53a-189a, or injury or risk of injury, or

808impairing of morals under section 53-21, or of an attempt thereof, or

809family violence, as defined in section 46b-38a and such other

810identifying information pertaining to such victim as determined by the

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811court, shall be confidential and shall be disclosed only upon order of

812the Superior Court, except that (1) such information shall be available

813to the accused in the same manner and time as such information is

814available to persons accused of other criminal offenses, and (2) if a

815protective order is issued in a prosecution under any of said sections,

816the name and address of the victim, in addition to the information

817contained in and concerning the issuance of such order, shall be

818entered in the registry of protective orders pursuant to section 51-5c.

819Sec. 30. Subsection (a) of section 54-86j of the general statutes is

820repealed and the following is substituted in lieu thereof (Effective

821October 1, 2019):

822(a) No member of any municipal police department, the state police

823or the Division of Criminal Justice may request or require any victim of

824a sexual assault under section 53a-70b of the general statutes, revision

825of 1958, revised to January 1, 2019, committed prior to October 1, 2019,

826or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-

82773a to submit to or take a polygraph examination.

828Sec. 31. Subsection (a) of section 54-102b of the general statutes is

829repealed and the following is substituted in lieu thereof (Effective

830October 1, 2019):

831(a) Notwithstanding any provision of the general statutes, except as

832provided in subsection (b) of this section, a court entering a judgment

833of conviction or conviction of a child as delinquent for a violation of

834section 53a-70b of the general statutes, revision of 1958, revised to

835January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

83653a-70a, [53a-70b] or 53a-71 or a violation of section 53-21, 53a-72a,

83753a-72b or 53a-73a involving a sexual act, shall, at the request of the

838victim of such crime, order that the offender be tested for the presence

839of the etiologic agent for acquired immune deficiency syndrome or

840human immunodeficiency virus and that the results be disclosed to the

841victim and the offender. The test shall be performed by or at the

842direction of the Department of Correction or, in the case of a child

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843convicted as delinquent, at the direction of the Court Support Services

844Division of the Judicial Department or the Department of Children and

845Families, in consultation with the Department of Public Health.

846Sec. 32. Subsection (a) of section 54-102g of the general statutes is

847repealed and the following is substituted in lieu thereof (Effective

848October 1, 2019):

849(a) Whenever any person is arrested on or after October 1, 2011, for

850the commission of a serious felony and, prior to such arrest, has been

851convicted of a felony but has not submitted to the taking of a blood or

852other biological sample for DNA (deoxyribonucleic acid) analysis

853pursuant to this section, the law enforcement agency that arrested such

854person shall, as available resources allow, require such person to

855submit to the taking of a blood or other biological sample for DNA

856 (deoxyribonucleic acid) analysis to determine identification

857characteristics specific to the person. If the law enforcement agency

858requires such person to submit to the taking of such blood or other

859biological sample, such person shall submit to the taking of such

860sample prior to release from custody and at such time and place as the

861agency may specify. For purposes of this subsection, "serious felony"

862means a violation of section 53a-70b of the general statutes, revision of

8631958, revised to January 1, 2019, committed prior to October 1, 2019, or

864section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-

86556a, 53a-56b, 53a-57, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c,

86653a-70, 53a-70a, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-94, 53a-94a,

86753a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111, 53a-

868112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-181c.

869Sec. 33. Subsection (c) of section 54-125e of the general statutes is

870repealed and the following is substituted in lieu thereof (Effective

871October 1, 2019):

872(c) The period of special parole shall be not less than one year or

873more than ten years, except that such period may be for more than ten

874years for a person convicted of a violation of section 53a-70b of the

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875 general statutes, revision of 1958, revised to January 1, 2019,

876committed prior to October 1, 2019, or subdivision (2) of section 53-21

877of the general statutes in effect prior to October 1, 2000, subdivision (2)

878of subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,]

87953a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous

880felony offender pursuant to subsection (i) of section 53a-40 or as a

881persistent serious felony offender pursuant to subsection (k) of section

88253a-40.

883Sec. 34. Subsection (a) of section 54-125i of the general statutes is

884repealed and the following is substituted in lieu thereof (Effective

885October 1, 2019):

886(a) An inmate (1) not convicted of a crime for which there is a

887victim, as defined in section 54-201 or section 54-226, who is known by

888the Board of Pardons and Paroles, (2) whose eligibility for parole

889release is not subject to the provisions of subsection (b) of section 54-

890125a, (3) who was not convicted of a violation of section 53a-70b of the

891 general statutes, revision of 1958, revised to January 1, 2019,

892committed prior to October 1, 2019, or section 53a-55, 53a-55a, 53a-56,

89353a-56a, 53a-56b, 53a-57, 53a-58, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-

89460c, 53a-64aa, 53a-64bb, 53a-70, [53a-70b,] 53a-72b, 53a-92, 53a-92a, 53a-

89594a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111,

89653a-112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-

897181c, and (4) who is not otherwise prohibited from being granted

898parole for any reason, may be allowed to go at large on parole in

899accordance with the provisions of section 54-125a or section 54-125g,

900pursuant to the provisions of subsections (b) and (c) of this section.

901Sec. 35. Section 54-143c of the general statutes is repealed and the

902following is substituted in lieu thereof (Effective October 1, 2019):

903In addition to any fine, fee or cost that may be imposed pursuant to

904any provision of the general statutes, the court shall impose a fine of

905one hundred fifty-one dollars on any person who, on or after July 1,

9062004, is convicted of or pleads guilty or nolo contendere to a violation

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907of section 53a-70b of the general statutes, revision of 1958, revised to

908January 1, 2019, committed prior to October 1, 2019, or subdivision (2)

909of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,]

91053a-71, 53a-72a, 53a-72b or 53a-73a. Fines collected under this section

911shall be deposited in the sexual assault victims account established

912under section 19a-112d.

913Sec. 36. Section 54-193b of the general statutes is repealed and the

914following is substituted in lieu thereof (Effective October 1, 2019):

915Notwithstanding the provisions of sections 54-193 and 54-193a,

916there shall be no limitation of time within which a person may be

917prosecuted for a violation of section 53a-70b of the general statutes,

918revision of 1958, revised to January 1, 2019, committed prior to October

9191, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b,

920provided (1) the victim notified any police officer or state's attorney

921acting in such police officer's or state's attorney's official capacity of the

922 commission of the offense not later than five years after the

923commission of the offense, and (2) the identity of the person who

924allegedly committed the offense has been established through a DNA

925(deoxyribonucleic acid) profile comparison using evidence collected at

926the time of the commission of the offense.

927Sec. 37. Subsections (d) and (e) of section 54-209 of the general

928statutes are repealed and the following is substituted in lieu thereof

929(Effective October 1, 2019):

930(d) In instances where a violation of section 53a-70b of the general

931statutes, revision of 1958, revised to January 1, 2019, committed prior

932to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c,

93353a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82 or 53a-192a has been alleged,

934the Office of Victim Services or, on review, a victim compensation

935commissioner, may order compensation be paid if (1) the personal

936injury has been disclosed to: (A) A physician or surgeon licensed

937under chapter 370; (B) a resident physician or intern in any hospital in

938this state, whether or not licensed; (C) a physician assistant licensed

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939under chapter 370; (D) an advanced practice registered nurse,

940registered nurse or practical nurse licensed under chapter 378; (E) a

941psychologist licensed under chapter 383; (F) a police officer; (G) a

942mental health professional; (H) an emergency medical services

943provider licensed or certified under chapter 368d; (I) an alcohol and

944drug counselor licensed or certified under chapter 376b; (J) a marital

945and family therapist licensed under chapter 383a; (K) a domestic

946violence counselor or a sexual assault counselor, as defined in section

94752-146k; (L) a professional counselor licensed under chapter 383c; (M)

948a clinical social worker licensed under chapter 383b; (N) an employee

949of the Department of Children and Families; or (O) a school principal,

950a school teacher, a school guidance counselor or a school counselor,

951and (2) the office or commissioner, as the case may be, reasonably

952concludes that a violation of any of said sections has occurred.

953(e) In instances where a violation of section 53a-70b of the general

954statutes, revision of 1958, revised to January 1, 2019, committed prior

955to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c,

95653a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82, 53a-192a or family violence,

957as defined in section 46b-38a, has been alleged, the Office of Victim

958Services or, on review, a victim compensation commissioner, may also

959order the payment of compensation under sections 54-201 to 54-218,

960inclusive, for personal injury suffered by a victim (1) as reported in an

961application for a restraining order under section 46b-15 or an

962application for a civil protection order under section 46b-16a, an

963affidavit supporting an application under section 46b-15 or section

96446b-16a, or on the record to the court, provided such restraining order

965or civil protection order was granted in the Superior Court following a

966hearing; or (2) as disclosed to a domestic violence counselor or a sexual

967assault counselor, as such terms are defined in section 52-146k.

968Sec. 38. Subdivision (14) of section 54-240 of the general statutes is

969repealed and the following is substituted in lieu thereof (Effective

970October 1, 2019):

971(14) "Sexual assault" means any act that constitutes a violation of

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972section 53a-70b of the general statutes, revision of 1958, revised to

973January 1, 2019, committed prior to October 1, 2019, or section 53a-70,

97453a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a; and

975Sec. 39. Subdivision (11) of section 54-250 of the general statutes is

976repealed and the following is substituted in lieu thereof (Effective

977October 1, 2019):

978(11) "Sexually violent offense" means (A) a violation of section 53a-

97970b of the general statutes, revision of 1958, revised to January 1, 2019,

980committed prior to October 1, 2019, or section 53a-70, except

981subdivision (2) of subsection (a) of said section, 53a-70a, [53a-70b,] 53a-

98271, except subdivision (1), (4), (8) or (10) or subparagraph (B) of

983subdivision (9) of subsection (a) of said section or subparagraph (A) of

984subdivision (9) of subsection (a) of said section if the court makes a

985finding that, at the time of the offense, the victim was under eighteen

986years of age, 53a-72a, except subdivision (2) of subsection (a) of said

987section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court

988makes a finding that the offense was committed with intent to sexually

989violate or abuse the victim, (B) a violation of any of the offenses

990specified in subparagraph (A) of this subdivision for which a person is

991criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a

992violation of any predecessor statute to any of the offenses specified in

993subparagraph (A) or (B) of this subdivision the essential elements of

994which are substantially the same as said offense.

995Sec. 40. Subsections (a) to (c), inclusive, of section 54-255 of the

996general statutes are repealed and the following is substituted in lieu

997thereof (Effective October 1, 2019):

998(a) Upon the conviction or finding of not guilty by reason of mental

999disease or defect of any person for a violation of section 53a-70b of the

1000 general statutes, revision of 1958, revised to January 1, 2019, 1001 committed prior to October 1, 2019, the court may order the 1002 Department of Emergency Services and Public Protection to restrict the 1003 dissemination of the registration information to law enforcement

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1004 purposes only and to not make such information available for public 1005 access, provided the court finds that dissemination of the registration 1006 information is not required for public safety and that publication of the 1007 registration information would be likely to reveal the identity of the 1008 victim within the community where the victim resides. The court shall 1009 remove the restriction on the dissemination of such registration 1010 information if, at any time, the court finds that public safety requires 1011 that such person's registration information be made available to the 1012 public or that a change of circumstances makes publication of such 1013 registration information no longer likely to reveal the identity of the 1014 victim within the community where the victim resides. Prior to 1015 ordering or removing the restriction on the dissemination of such 1016 person's registration information, the court shall consider any 1017 information or statements provided by the victim.

1018 (b) Upon the conviction or finding of not guilty by reason of mental 1019 disease or defect of any person of a criminal offense against a victim 1020 who is a minor, a nonviolent sexual offense or a sexually violent 1021 offense, where the victim of such offense was, at the time of the 1022 offense, under eighteen years of age and related to such person within 1023 any of the degrees of kindred specified in section 46b-21, the court may 1024 order the Department of Emergency Services and Public Protection to 1025 restrict the dissemination of the registration information to law 1026 enforcement purposes only and to not make such information 1027 available for public access, provided the court finds that dissemination 1028 of the registration information is not required for public safety and that 1029 publication of the registration information would be likely to reveal 1030 the identity of the victim within the community where the victim 1031 resides. The court shall remove the restriction on the dissemination of 1032 such registration information if, at any time, it finds that public safety 1033 requires that such person's registration information be made available 1034 to the public or that a change in circumstances makes publication of 1035 the registration information no longer likely to reveal the identity of 1036 the victim within the community where the victim resides.

1037 (c) Any person who: (1) Has been convicted or found not guilty by

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1038 reason of mental disease or defect of a violation of subdivision (1) of 1039 subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1040 1999, and was under nineteen years of age at the time of the offense; (2) 1041 has been convicted or found not guilty by reason of mental disease or 1042 defect of a violation of subdivision (2) of subsection (a) of section 53a- 1043 73a between October 1, 1988, and June 30, 1999; (3) has been convicted 1044 or found not guilty by reason of mental disease or defect of a criminal 1045 offense against a victim who is a minor, a nonviolent sexual offense or 1046 a sexually violent offense, between October 1, 1988, and June 30, 1999, 1047 where the victim of such offense was, at the time of the offense, under 1048 eighteen years of age and related to such person within any of the 1049 degrees of kindred specified in section 46b-21; (4) has been convicted 1050 or found not guilty by reason of mental disease or defect of a violation 1051 of section 53a-70b of the general statutes, revision of 1958, revised to 1052 January 1, 2019, committed prior to October 1, 2019, between October 1053 1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty 1054 by reason of mental disease or defect of any crime between October 1, 1055 1988, and September 30, 1998, which requires registration under 1056 sections 54-250 to 54-258a, inclusive, as amended by this act, and (A) 1057 served no jail or prison time as a result of such conviction or finding of 1058 not guilty by reason of mental disease or defect, (B) has not been 1059 subsequently convicted or found not guilty by reason of mental 1060 disease or defect of any crime which would require registration under 1061 sections 54-250 to 54-258a, inclusive, as amended by this act, and (C) 1062 has registered with the Department of Emergency Services and Public 1063 Protection in accordance with sections 54-250 to 54-258a, inclusive, as 1064 amended by this act; may petition the court to order the Department of 1065 Emergency Services and Public Protection to restrict the dissemination 1066 of the registration information to law enforcement purposes only and 1067 to not make such information available for public access. Any person 1068 who files such a petition shall, pursuant to subsection (b) of section 54- 1069 227, notify the Office of Victim Services and the Victim Services Unit 1070 within the Department of Correction of the filing of such petition. The 1071 Office of Victim Services or the Victim Services Unit within the 1072 Department of Correction, or both, shall, pursuant to section 54-230 or

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1073 54-230a, notify any victim who has requested notification pursuant to 1074 subsection (b) of section 54-228 of the filing of such petition. Prior to 1075 granting or denying such petition, the court shall consider any 1076 information or statements provided by the victim. The court may order 1077 the Department of Emergency Services and Public Protection to restrict 1078 the dissemination of the registration information to law enforcement 1079 purposes only and to not make such information available for public 1080 access, provided the court finds that dissemination of the registration 1081 information is not required for public safety.

1082 Sec. 41. Subsection (a) of section 54-260 of the general statutes is 1083 repealed and the following is substituted in lieu thereof (Effective

1084 October 1, 2019):

1085 (a) For the purposes of this section, "sexual offender" means any 1086 person convicted of a violation of section 53a-70b of the general 1087 statutes, revision of 1958, revised to January 1, 2019, committed prior 1088 to October 1, 2019, or subdivision (2) of section 53-21 of the general 1089 statutes in effect prior to October 1, 2000, or subdivision (2) of 1090 subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 1091 53a-71, 53a-72a or 53a-72b committed on or after October 1, 1995.

1092 Sec. 42. Subsection (j) of section 46b-38b of the general statutes is 1093 repealed and the following is substituted in lieu thereof (Effective July

1094 1, 2019):

1095 (j) The provisions of this section shall not apply to persons who are 1096 (1) attending an institution of higher education and presently residing 1097 together in on-campus housing [, provided such persons are not in a 1098 dating relationship] or in off-campus housing that is owned, managed 1099 or operated by the institution of higher education or its agent, 1100 provided such persons are not family or household members as 1101 defined in subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of 1102 section 46b-38a, and (2) presently residing in a dwelling unit, as 1103 defined in section 47a-1, and making payments pursuant to a rental 1104 agreement, as defined in section 47a-1, provided such persons are not

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1105 [in a dating relationship] family or household members as defined in 1106 subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of section 46b- 1107 38a.

1108 Sec. 43. Section 53a-70b of the general statutes is repealed. (Effective 1109 October 1, 2019)

Statement of Purpose:

To repeal section 53a-70b of the general statutes concerning sexual assault in a spousal or cohabitating relationship and to make conforming changes.

[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.]

HB 7396

Version: File+No.+851+R000851+FC
Author: Judiciary Committee

Created by BCL easyConverter SDK 5 (HTML Version)

Referred to Committee on JUDICIARY

Introduced by: (JUD)

AN ACT CONCERNING PARITY BETWEEN SEXUAL ASSAULT IN THE CASE OF A SPOUSAL OR COHABITATING RELATIONSHIP AND OTHER CRIMES OF SEXUAL ASSAULT AND CONCERNING THE INVESTIGATION OF A FAMILY VIOLENCE CRIME.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

1 Section 1. Subsection (a) of section 10a-55a of the general statutes is 2 repealed and the following is substituted in lieu thereof (Effective

3October 1, 2019):

4(a) On or before October 1, 1991, and annually thereafter, each

5institution of higher education shall prepare in such manner as the

6president of the Connecticut State Colleges and Universities shall

7prescribe a uniform campus crime report concerning crimes committed

8in the immediately preceding calendar year within the geographical

9limits of the property owned or under the control of such institution.

10Such report shall be in accordance with the uniform crime reporting

11system pursuant to section 29-1c, provided such report is limited to

12those offenses included in part I of the most recently published edition

13of the Uniform Crime Reports for the United States as authorized by

14the Federal Bureau of Investigation and the United States Department

15of Justice, sexual assault under section 53a-70b of the general statutes,

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16revision of 1958, revised to January 1, 2019, committed prior to October

171, 2019, or sections 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b

18and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e

19and family violence as designated under section 46b-38h, as amended

20by this act. The state police, local police departments and special police

21forces established pursuant to section 10a-156b, as amended by this

22act, shall cooperate with institutions of higher education in preparing

23such reports. Institutions with more than one campus shall prepare

24such reports for each campus.

25Sec. 2. Subdivision (5) of subsection (a) of section 10a-55m of the

26general statutes is repealed and the following is substituted in lieu

27thereof (Effective October 1, 2019):

28(5) "Intimate partner violence" means any physical or sexual harm

29against an individual by a current or former spouse of or person in a

30dating relationship with such individual that results from any action

31by such spouse or such person that may be classified as a sexual

32assault under section 53a-70b of the general statutes, revision of 1958,

33revised to January 1, 2019, committed prior to October 1, 2019, or

34section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a,

35stalking under section 53a-181c, 53a-181d or 53a-181e, or family

36violence as designated under section 46b-38h, as amended by this act;

37Sec. 3. Subsection (j) of section 17a-112 of the general statutes is

38repealed and the following is substituted in lieu thereof (Effective

39October 1, 2019):

40(j) The Superior Court, upon notice and hearing as provided in

41sections 45a-716 and 45a-717, as amended by this act, may grant a

42petition filed pursuant to this section if it finds by clear and convincing

43evidence that (1) the Department of Children and Families has made

44reasonable efforts to locate the parent and to reunify the child with the

45parent in accordance with subsection (a) of section 17a-111b, unless the

46court finds in this proceeding that the parent is unable or unwilling to

47benefit from reunification efforts, except that such finding is not

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48required if the court has determined at a hearing pursuant to section

4917a-111b, or determines at trial on the petition, that such efforts are not

50required, (2) termination is in the best interest of the child, and (3) (A)

51the child has been abandoned by the parent in the sense that the parent

52has failed to maintain a reasonable degree of interest, concern or

53responsibility as to the welfare of the child; (B) the child (i) has been

54found by the Superior Court or the Probate Court to have been

55neglected, abused or uncared for in a prior proceeding, or (ii) is found

56to be neglected, abused or uncared for and has been in the custody of

57the commissioner for at least fifteen months and the parent of such

58child has been provided specific steps to take to facilitate the return of

59the child to the parent pursuant to section 46b-129 and has failed to

60achieve such degree of personal rehabilitation as would encourage the

61belief that within a reasonable time, considering the age and needs of

62the child, such parent could assume a responsible position in the life of

63the child; (C) the child has been denied, by reason of an act or acts of

64parental commission or omission including, but not limited to, sexual

65molestation or exploitation, severe physical abuse or a pattern of

66abuse, the care, guidance or control necessary for the child's physical,

67educational, moral or emotional well-being, except that nonaccidental

68or inadequately explained serious physical injury to a child shall

69constitute prima facie evidence of acts of parental commission or

70omission sufficient for the termination of parental rights; (D) there is

71no ongoing parent-child relationship, which means the relationship

72that ordinarily develops as a result of a parent having met on a day-to-

73day basis the physical, emotional, moral and educational needs of the

76detrimental to the best interest of the child; (E) the parent of a child

77under the age of seven years who is neglected, abused or uncared for,

78has failed, is unable or is unwilling to achieve such degree of personal

79rehabilitation as would encourage the belief that within a reasonable

80period of time, considering the age and needs of the child, such parent

81could assume a responsible position in the life of the child and such

82parent's parental rights of another child were previously terminated

Raised Bill No. 7396

83pursuant to a petition filed by the Commissioner of Children and

84Families; (F) the parent has killed through deliberate, nonaccidental act

85another child of the parent or has requested, commanded, importuned,

86attempted, conspired or solicited such killing or has committed an

87assault, through deliberate, nonaccidental act that resulted in serious

91compelling a spouse or cohabitor to engage in sexual intercourse by

92the use of force or by the threat of the use of force as described in

93section 53a-70b of the general statutes, revision of 1958, revised to

94January 1, 2019, committed prior to October 1, 2019, if such act resulted

95in the conception of the child.

96Sec. 4. Subsection (c) of section 17b-749k of the general statutes is

97repealed and the following is substituted in lieu thereof (Effective

98October 1, 2019):

99(c) The commissioner shall have the discretion to refuse payments

100for child care under any financial assistance program administered by

101him or her if the person or relative providing such child care has been

102convicted in this state or any other state of a felony, as defined in

103section 53a-25, involving the use, attempted use or threatened use of

104physical force against another person, of cruelty to persons under

105section 53-20, injury or risk of injury to or impairing morals of children

106under section 53-21, abandonment of children under the age of six

107years under section 53-23 or any felony where the victim of the felony

108is a child under eighteen years of age, or of a violation of section 53a-

10970b of the general statutes, revision of 1958, revised to January 1, 2019,

110committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-

11170b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record or

112was the subject of a substantiated report of child abuse in this state or

113any other state that the commissioner reasonably believes renders the

114person or relative unsuitable to provide child care.

115Sec. 5. Subsection (a) of section