SB 132 — AN ACT COMBATTING SEXUAL HARASSMENT AND SEXUAL ASSAULT.

General Assembly   CommitteeSubstitute Bill No.

132 February Session, 2018   LCO*_____SB00132JUD___040418____* No.AN ACT COMBATTING SEXUAL HARASSMENT AND SEXUAL ASSAULT.

2906   *02906SB00132JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT COMBATTING SEXUAL HARASSMENT AND SEXUAL ASSAULT.

(B) ItIf a judge or the commission finds that an employer has engaged in a demonstrated pattern of sexual harassment, it shall not be a defense to a subsequent complaint of sexual harassment, filed in accordance with section 46a-82, that (i) the claim of sexual harassment was properly investigated, immediate corrective action was taken and no act of sexual harassment subsequently occurred, (ii) the claim of sexual harassment was not reported to athe respondentemployer prior to the filing of a complaint with the commission, (iii) an employer has a policy of prohibiting sexual harassment or recently trained its employees on sexual harassment in accordance with subdivision (15) of section 46a-54, as amended by this act, or (iv) the sexual harassment was not severe or pervasive.

Corrective action taken by an employer, may include, but need not be limited to, employee relocation, assigning an employee to a different work schedule or other substantive changes to an employee's terms and conditions of employment;

(2) "Sexual harassment" has the same meaning as provided in subdivision (8) of subsection (a)(b) of section 46a-60 of the general statutes, as amended by this act;

Such suspension shall be with pay and shall not result in the diminution or termination of benefits to such employee.administrator.

(a) There shall be no limitation of time within which a person may be prosecuted for (1) a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 53a-54d or 53a-169, a class B felony violation of section 53a-70 or 53a-70a53a-70a, a class D felony violation of section 53a-73a, or a violation of section 53a-70b, 53a-71, 53a-72a,53a-72a 53a-72b or 53a-73a,53a-72b, (2) a violation of section 53a-165aa or 53a-166 in which such person renders criminal assistance to another person who has committed an offense set forth in subdivision (1) of this subsection, (3) a violation of section 53a-156 committed during a proceeding that results in the conviction of another person subsequently determined to be actually innocent of the offense or offenses of which such other person was convicted, or (4) a motor vehicle violation or offense that resulted in the death of another person and involved a violation of subsection (a) of section 14-224.

(c) No[No] (1) Except as provided in subdivision (2) of this subsection, no person may be prosecuted for any offense, other than an offense set forth in subsection (a) or (b) of this section, except within one year next after the offense has been committed.

(2) No person may be prosecuted for a class A misdemeanor violation of section 53a-73a, except within ten years next after the offense has been committed.

[Notwithstanding]Notwithstanding Except in the case of an offense that is a class A felony, a class B felony violation of section 53a-70 or 53a-70a or a violation of section 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, and notwithstanding the provisions of section 54-193, as amended by this act, no[no person may be prosecuted for any offenseoffense, [, except a class A felony,] involvingthere sexualshall abuse,be sexualno exploitationlimitation or sexual assault of atime minor except within thirtywhich yearsa fromperson themay datebe theprosecuted victimfor attainsan theoffense ageinvolving ofsexual majorityabuse, orsexual withinexploitation five years from the date the victim notifies any police officer or state'ssexual attorneyassault acting in such police officer's or state's attorney's official capacity of the commission of the offense, whichever is earlier, provided if the prosecution is for a violationminor. of subdivision (1) of subsection (a) of section 53a-71, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.

[except within thirty years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense, whichever is earlier, provided if the prosecution is for a violation of subdivision (1) of subsection (a) of section 53a-71, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.] Sec.

17 October 1, 2018 Repealer section Statement of Purpose:Legislative Commissioners:

ToIn combatSection sexual12(b), harassment"benefits andto sexualsuch assault.employee" was changed to "benefits to such administrator" for clarity.

[ProposedJUD deletionsJoint areFavorable enclosedSubst. 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.] Co-Sponsors:

SEN.

LOONEY, 11th Dist.

S.B.

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