Connecticut 2019 Regular Session Status: Enacted Bipartisan · 13 D · 9 R cosponsors

HB 7396 — 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.

Last action — SIGNED BY GOVERNOR

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 55 sponsors

    55 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (13 D · 9 R) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

554 added · 617 removed

554 line(s) added, 617 removed.

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General Assembly Substitute Bill No.
General Assembly Raised Bill No.
7396 January Session, 2019 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.
7396 January Session, 2019 LCO No.
6518 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.
Such report shall be in accordance with the uniform crime reporting system pursuant to section 29-1c, provided such report is limited to those offenses included in part I of the most recently published edition of the Uniform Crime Reports for the United States as authorized by the Federal Bureau of Investigation and the United States Department of Justice, sexual assault under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or sections 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07396-R01 of 37 HB.docx Substitute Bill No.
Such report shall be in accordance with the uniform crime reporting system pursuant to section 29-1c, provided such report is limited to those offenses included in part I of the most recently published edition of the Uniform Crime Reports for the United States as authorized by the Federal Bureau of Investigation and the United States Department of Justice, sexual assault under section 53a-70b of the general statutes, LCO No.
7396 and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e and family violence as designated under section 46b-38h, as amended by this act.
6518 1 of 36 Raised Bill No.7396 revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or sections 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e and family violence as designated under section 46b-38h, as amended by this act.
(j) The Superior Court, upon notice and hearing as provided in sections 45a-716 and 45a-717, as amended by this act, may grant a petition filed pursuant to this section if it finds by clear and convincing evidence that (1) the Department of Children and Families has made reasonable efforts to locate the parent and to reunify the child with the parent in accordance with subsection (a) of section 17a-111b, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts, except that such finding is not required if the court has determined at a hearing pursuant to section 17a-111b, or determines at trial on the petition, that such efforts are not LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073962 of 37 R01-HB.docx } Substitute Bill No.
(j) The Superior Court, upon notice and hearing as provided in sections 45a-716 and 45a-717, as amended by this act, may grant a petition filed pursuant to this section if it finds by clear and convincing evidence that (1) the Department of Children and Families has made reasonable efforts to locate the parent and to reunify the child with the parent in accordance with subsection (a) of section 17a-111b, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts, except that such finding is not LCO No.
7396 required, (2) termination is in the best interest of the child, and (3) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child;
6518 2 of 36 Raised Bill No.
7396 required if the court has determined at a hearing pursuant to section 17a-111b, or determines at trial on the petition, that such efforts are not required, (2) termination is in the best interest of the child, and (3) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child;
(E) the parent of a child under the age of seven years who is neglected, abused or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families;
(E) the parent of a child under the age of seven years who is neglected, abused or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated LCO No.
(F) the parent has killed through deliberate, nonaccidental act LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07396-3 of 37 R01-HB.docx } Substitute Bill No.
6518 3 of 36 Raised Bill No.7396 pursuant to a petition filed by the Commissioner of Children and Families;
7396 another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent;
(F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent;
Subsection (a) of section 19a-87a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
Subsection (a) of section 19a-87a of the general statutes is LCO No.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073964 of 37 R01-HB.docx } Substitute Bill No.
6518 4 of 36 Raised Bill No.7396 repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
7396 (a) The Commissioner of Early Childhood shall have the discretion to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a- 82 to 19a-87, inclusive, a person to conduct, operate or maintain a child care center or a group child care home, as described in section 19a-77, or to suspend or revoke the license or take any other action set forth in regulation that may be adopted pursuant to section 19a-79 if, the person who owns, conducts, maintains or operates such center or home or a person employed therein in a position connected with the provision of care to a child receiving child care services, has been convicted in this state or any other state of a felony as defined in section 53a-25 involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a- 70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a- 70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in this state or any other state that the commissioner reasonably believes renders the person unsuitable to own, conduct, operate or maintain or be employed by a child care center or group child care home.
(a) The Commissioner of Early Childhood shall have the discretion to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a- 82 to 19a-87, inclusive, a person to conduct, operate or maintain a child care center or a group child care home, as described in section 19a-77, or to suspend or revoke the license or take any other action set forth in regulation that may be adopted pursuant to section 19a-79 if, the person who owns, conducts, maintains or operates such center or home or a person employed therein in a position connected with the provision of care to a child receiving child care services, has been convicted in this state or any other state of a felony as defined in section 53a-25 involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a- 70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a- 70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in this state or any other state that the commissioner reasonably believes renders the person unsuitable to own, conduct, operate or maintain or be employed by a child care center or group child care home.
(a) The Commissioner of Early Childhood may (1) refuse to license under section 19a-87b, a person to own, conduct, operate or maintain a family child care home, as defined in section 19a-77, (2) refuse to approve under section 19a-87b, a person to act as an assistant or substitute staff member in a family child care home, as defined in section 19a-77, or (3) suspend or revoke the license or approval or take LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07395 of 37 R01-HB.docx } Substitute Bill No.
(a) The Commissioner of Early Childhood may (1) refuse to license under section 19a-87b, a person to own, conduct, operate or maintain a family child care home, as defined in section 19a-77, (2) refuse to approve under section 19a-87b, a person to act as an assistant or LCO No.
7396 any other action that may be set forth in regulation that may be adopted pursuant to section 19a-79 if the person who owns, conducts, maintains or operates the family child care home, the person who acts as an assistant or substitute staff member in a family child care home, a person employed in such family child care home in a position connected with the provision of care to a child receiving child care services or a household member, as defined in subsection (c) of section 19a-87b, who is sixteen years of age or older and resides therein, has been convicted, in this state or any other state of a felony, as defined in section 53a-25, involving the use, attempted use or threatened use of physical force against another person, or has a criminal record in this state or any other state that the commissioner reasonably believes renders the person unsuitable to own, conduct, operate or maintain or be employed by a family child care home, or act as an assistant or substitute staff member in a family child care home, or if such persons or a household member has been convicted in this state or any other state of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, illegal manufacture, distribution, sale, prescription, dispensing or administration under section 21a-277 or 21a-278, or illegal possession under section 21a-279, or if such person, a person who acts as assistant or substitute staff member in a family child care home or a person employed in such family child care home in a position connected with the provision of care to a child receiving child care services, either fails to substantially comply with the regulations adopted pursuant to section 19a-87b, or conducts, operates or maintains the home in a manner which endangers the health, safety and welfare of the children receiving child care services.
6518 5 of 36 Raised Bill No.7396 substitute staff member in a family child care home, as defined in section 19a-77, or (3) suspend or revoke the license or approval or take any other action that may be set forth in regulation that may be adopted pursuant to section 19a-79 if the person who owns, conducts, maintains or operates the family child care home, the person who acts as an assistant or substitute staff member in a family child care home, a person employed in such family child care home in a position connected with the provision of care to a child receiving child care services or a household member, as defined in subsection (c) of section 19a-87b, who is sixteen years of age or older and resides therein, has been convicted, in this state or any other state of a felony, as defined in section 53a-25, involving the use, attempted use or threatened use of physical force against another person, or has a criminal record in this state or any other state that the commissioner reasonably believes renders the person unsuitable to own, conduct, operate or maintain or be employed by a family child care home, or act as an assistant or substitute staff member in a family child care home, or if such persons or a household member has been convicted in this state or any other state of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a, illegal manufacture, distribution, sale, prescription, dispensing or administration under section 21a-277 or 21a-278, or illegal possession under section 21a-279, or if such person, a person who acts as assistant or substitute staff member in a family child care home or a person employed in such family child care home in a position connected with the provision of care to a child receiving child care services, either fails to substantially comply with the regulations adopted pursuant to section 19a-87b, or conducts, operates or maintains the home in a manner which endangers the health, safety and welfare of the children receiving child care services.
Any refusal of a license or approval pursuant to this section shall be rendered in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.
Any refusal of a license or approval LCO No.
Any person whose LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073966 of 37 R01-HB.docx } Substitute Bill No.
6518 6 of 36 Raised Bill No.7396 pursuant to this section shall be rendered in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.
7396 license or approval has been revoked pursuant to this section shall be ineligible to apply for a license or approval for a period of one year from the effective date of revocation.
Any person whose license or approval has been revoked pursuant to this section shall be ineligible to apply for a license or approval for a period of one year from the effective date of revocation.
(8) "Sexual assault" means any act that constitutes a violation of LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07397 of 37 R01-HB.docx } Substitute Bill No.
LCO No.
7396 section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a;
6518 7 of 36 Raised Bill No.
7396 (8) "Sexual assault" means any act that constitutes a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a;
(D) a child of the parent (i) was found by the Superior Court or the Probate Court to have been neglected, abused or uncared for, as those terms are defined in section 46b-120, in a prior proceeding, or (ii) is found to be neglected, abused or uncared for and has been in the custody of the commissioner for at least fifteen LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07396-8 of 37 R01-HB.docx } Substitute Bill No.
(D) a child of the parent (i) was found by the Superior Court or the Probate Court to have been neglected, abused or uncared for, as those terms are defined in section 46b-120, in a prior proceeding, or (ii) is found to be neglected, abused or uncared for and has been in the custody of the commissioner for at least fifteen LCO No.
7396 months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b- 129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child;
6518 8 of 36 Raised Bill No.7396 months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b- 129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child;
(h) If the petition alleges an act described in subparagraph (G) of subdivision (2) of subsection (g) of this section that resulted in the LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073969 of 37 R01-HB.docx } Substitute Bill No.
(h) If the petition alleges an act described in subparagraph (G) of subdivision (2) of subsection (g) of this section that resulted in the LCO No.
7396 conception of the child as a basis for termination of parental rights and the court determines that the respondent parent was finally adjudged not guilty of such act of sexual assault under section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, the court shall transfer the case to the Superior Court and the clerk of the Probate Court shall transmit to the clerk of the Superior Court to which the case was transferred, the original files and papers in the case.
6518 9 of 36 Raised Bill No.7396 conception of the child as a basis for termination of parental rights and the court determines that the respondent parent was finally adjudged not guilty of such act of sexual assault under section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, the court shall transfer the case to the Superior Court and the clerk of the Probate Court shall transmit to the clerk of the Superior Court to which the case was transferred, the original files and papers in the case.
(a) Notwithstanding the provisions of this chapter and chapter 831, for rental agreements entered into or renewed on or after January 1, 2011, any tenant who (1) is a victim of family violence, as defined in LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07310 of 37 R01-HB.docx } Substitute Bill No.
(a) Notwithstanding the provisions of this chapter and chapter 831, for rental agreements entered into or renewed on or after January 1, 2011, any tenant who (1) is a victim of family violence, as defined in LCO No.
6518 10 of 36 Raised Bill No.
(a) A pro se litigant in any civil matter, including a habeas corpus proceeding, shall notify the clerk of the court if such litigant has been convicted of a family violence crime, as defined in section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 46b-38a, or a violation of section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a- 73a, 53a-181c, 53a-181d or 53a-181e and if the subject of a subpoena to be issued by such litigant in such matter is the victim of the crime for LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0739611 of 37 R01-HB.docx } Substitute Bill No.
(a) A pro se litigant in any civil matter, including a habeas corpus proceeding, shall notify the clerk of the court if such litigant has been convicted of a family violence crime, as defined in section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 46b-38a, or a violation of section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b, 53a- 73a, 53a-181c, 53a-181d or 53a-181e and if the subject of a subpoena to be issued by such litigant in such matter is the victim of the crime for which such litigant was convicted.
7396 which such litigant was convicted.
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6518 11 of 36 Raised Bill No.7396 Sec.
(6) LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073912 of 37 R01-HB.docx } Substitute Bill No.
(6) post a bond or other security for the performance of any or all conditions imposed;
7396 post a bond or other security for the performance of any or all conditions imposed;
(7) refrain from violating any criminal law of the LCO No.
(7) refrain from violating any criminal law of the United States, this state or any other state;
6518 12 of 36 Raised Bill No.7396 United States, this state or any other state;
(15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias or diversity awareness program or participate in a program of community service designed to remedy damage caused by the commission of a bias crime or otherwise related LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07313 of 37 R01-HB.docx } Substitute Bill No.
(15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias or diversity awareness program or participate in a program of community service designed to remedy damage caused by the commission of a bias crime or otherwise related to the defendant's violation;
7396 to the defendant's violation;
(16) if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate LCO No.
(16) if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant;
6518 13 of 36 Raised Bill No.7396 in an animal cruelty prevention and education program provided such a program exists and is available to the defendant;
The court or sentencing judge may at any time during the period of probation or conditional discharge, after hearing and for good cause shown, terminate a sentence of probation or conditional discharge before the completion thereof, except a sentence of probation imposed for conviction of a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (2) of subsection (a) LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07314 of 37 R01-HB.docx } Substitute Bill No.
The court or sentencing judge may at any time during the period of probation or conditional discharge, after hearing and for good cause shown, terminate a sentence of probation or conditional discharge before the completion thereof, except a sentence of probation imposed for conviction of a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b.
7396 of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b.
LCO No.
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6518 14 of 36 Raised Bill No.7396 Sec.
(d) A persistent serious sexual offender is a person, other than a LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07315 of 37 R01-HB.docx } Substitute Bill No.
(d) A persistent serious sexual offender is a person, other than a person who qualifies as a persistent dangerous sexual offender under subsection (b) of this section, who qualifies as a persistent serious felony offender under subsection (c) of this section and the felony of LCO No.
7396 person who qualifies as a persistent dangerous sexual offender under subsection (b) of this section, who qualifies as a persistent serious felony offender under subsection (c) of this section and the felony of which such person presently stands convicted is a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of section 53-21 of the general statutes, revised to January 1, 1995, involving sexual contact, committed prior to October 1, 1995, a violation of subdivision (2) of section 53-21 of the general statutes, committed on or after October 1, 1995, and prior to October 1, 2000, a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or a violation of subdivision (2) of subsection (a) of section 53-21 or a violation of section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a- 72b.
6518 15 of 36 Raised Bill No.7396 which such person presently stands convicted is a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of section 53-21 of the general statutes, revised to January 1, 1995, involving sexual contact, committed prior to October 1, 1995, a violation of subdivision (2) of section 53-21 of the general statutes, committed on or after October 1, 1995, and prior to October 1, 2000, a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or a violation of subdivision (2) of subsection (a) of section 53-21 or a violation of section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a- 72b.
(a) If any person is convicted of (1) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183, subdivision (2) of subsection (a) of section 53a-192a, section 53a-223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said sections or section 53a-54a, or (2) any crime that the court determines constitutes a family violence crime, as defined in section 46b-38a, or attempt or conspiracy to commit any such crime, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a or 53a-36, if the court is of the opinion that the history LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07316 of 37 R01-HB.docx } Substitute Bill No.
(a) If any person is convicted of (1) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b or 53a-183, subdivision (2) of subsection (a) of section 53a-192a, section 53a-223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said sections or section 53a-54a, or (2) any crime that the court determines constitutes a family violence crime, as defined in section 46b-38a, or attempt or conspiracy to commit any such crime, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a or 53a-36, if the court is of the opinion that the history and character and the nature and circumstances of the criminal conduct of such offender indicate that a standing criminal protective order will best serve the interest of the victim and the public, issue a standing criminal protective order which shall remain in effect for a LCO No.
7396 and character and the nature and circumstances of the criminal conduct of such offender indicate that a standing criminal protective order will best serve the interest of the victim and the public, issue a standing criminal protective order which shall remain in effect for a duration specified by the court until modified or revoked by the court for good cause shown.
6518 16 of 36 Raised Bill No.7396 duration specified by the court until modified or revoked by the court for good cause shown.
[Its meaning is limited to persons not married to each other.] Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio and does not require emission of semen.
Its meaning is limited to persons not married to each other.
Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio and does not require emission of semen.
(3) "Sexual contact" means any contact with the intimate parts of a person [not married to the actor] for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person or any contact of the intimate parts of the actor with a person [not married to the actor] for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person.
(3) "Sexual contact" means any contact with the intimate parts of a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person or any contact of the intimate parts of the actor with a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0739617 of 37 R01-HB.docx } Substitute Bill No.
(5) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling such person's conduct owing to the influence of a drug or intoxicating substance administered to such person without such person's consent, or owing LCO No.
7396 (5) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling such person's conduct owing to the influence of a drug or intoxicating substance administered to such person without such person's consent, or owing to any other act committed upon such person without such person's consent.
6518 17 of 36 Raised Bill No.7396 to any other act committed upon such person without such person's consent.
(12) "Therapeutic deception" means a representation by a LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07318 of 37 R01-HB.docx } Substitute Bill No.
(12) "Therapeutic deception" means a representation by a psychotherapist that sexual contact by or sexual intercourse with the psychotherapist is consistent with or part of the patient's treatment.
7396 psychotherapist that sexual contact by or sexual intercourse with the psychotherapist is consistent with or part of the patient's treatment.
(A) A teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or a private elementary, middle or high school or working in a public or private elementary, middle or high school;
(A) A teacher, substitute teacher, school administrator, school superintendent, guidance counselor, LCO No.
6518 18 of 36 Raised Bill No.7396 school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or a private elementary, middle or high school or working in a public or private elementary, middle or high school;
(h) (1) If, at the hearing, the court finds that there is a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the period of any placement order LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073919 of 37 R01-HB.docx } Substitute Bill No.
(h) (1) If, at the hearing, the court finds that there is a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the period of any placement order under this section, the court shall either (A) order placement of the defendant for treatment for the purpose of rendering the defendant competent, or (B) order placement of the defendant at a treatment facility pending civil commitment proceedings pursuant to subdivision (2) of this subsection.
7396 under this section, the court shall either (A) order placement of the defendant for treatment for the purpose of rendering the defendant competent, or (B) order placement of the defendant at a treatment facility pending civil commitment proceedings pursuant to subdivision (2) of this subsection.
LCO No.
(2) (A) Except as provided in subparagraph (B) of this subdivision, if the court makes a finding pursuant to subdivision (1) of this subsection and does not order placement pursuant to subparagraph (A) of said subdivision, the court shall, on its own motion or on motion of the state or the defendant, order placement of the defendant in the custody of the Commissioner of Mental Health and Addiction Services at a treatment facility pending civil commitment proceedings.
6518 19 of 36 Raised Bill No.7396 (2) (A) Except as provided in subparagraph (B) of this subdivision, if the court makes a finding pursuant to subdivision (1) of this subsection and does not order placement pursuant to subparagraph (A) of said subdivision, the court shall, on its own motion or on motion of the state or the defendant, order placement of the defendant in the custody of the Commissioner of Mental Health and Addiction Services at a treatment facility pending civil commitment proceedings.
Such written progress report shall include the status of any civil commitment proceedings concerning the defendant, the defendant's compliance with the treatment plan, an opinion regarding the defendant's current competency to stand trial, the clinical findings of the person submitting the report and the facts upon which the findings are based, LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07320 of 37 R01-HB.docx } Substitute Bill No.
Such written progress report shall include the status of any civil commitment proceedings concerning the defendant, the defendant's compliance with the treatment plan, an opinion regarding the defendant's current competency to stand trial, the clinical findings of the person submitting the report and the facts upon which the findings are based, and any other information concerning the defendant requested by the court, including, but not limited to, the method of treatment or the type, dosage and effect of any medication the defendant is receiving.
7396 and any other information concerning the defendant requested by the court, including, but not limited to, the method of treatment or the type, dosage and effect of any medication the defendant is receiving.
The period of placement and monitoring under such order shall not exceed the period of the maximum sentence which the defendant could receive on conviction of the charges against such defendant, or eighteen months, whichever is less.
The period of placement and monitoring under such order shall not exceed the LCO No.
6518 20 of 36 Raised Bill No.
7396 period of the maximum sentence which the defendant could receive on conviction of the charges against such defendant, or eighteen months, whichever is less.
Subdivision (3) of subsection (m) of section 54-56d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
(3) If the court orders the release of a defendant charged with the commission of a crime that resulted in the death or serious physical injury, as defined in section 53a-3, of another person, or with a violation of section 53a-70b of the general statutes, revision of 1958, LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0739621 of 37 R01-HB.docx } Substitute Bill No.
7396 revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21, subdivision (2) of subsection (a) of section 53a-60 or section 53a-60a, 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, or orders the placement of such defendant in the custody of the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services, the court may, on its own motion or on motion of the prosecuting authority, order, as a condition of such release or placement, periodic examinations of the defendant as to the defendant's competency at intervals of not less than six months.
If, at any time after the initial periodic examination, the court finds again, based upon an examiner's recommendation, that there is a substantial probability that the defendant, if provided with a course of treatment, will never regain competency, then any subsequent periodic examination of the defendant as to the defendant's competency shall be at intervals of not less than eighteen months.
Such an examination shall be conducted in accordance with subsection (d) of this section.
Periodic examinations ordered by the court under this subsection shall continue until the court finds that the defendant has attained competency or until the time within which the defendant may be prosecuted for the crime with which the defendant is charged, as provided in section 54-193 or 54- 193a, has expired, whichever occurs first.
Sec.
25.
(1) To any person charged with (A) a class A felony, (B) a class B felony, except a violation of subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, or a violation of subdivision (4) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person and does not involve a violation by a person who is a public official, as defined in LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073922 of 37 R01-HB.docx } Substitute Bill No.
(1) To any person charged with (A) a class A felony, (B) a class B felony, except a violation of subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, or a violation of subdivision (4) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person and does not involve a violation by a person who is a public official, as defined in section 1-110, or a state or municipal employee, as defined in section 1- 110, or (C) a violation of section 53a-70b of the general statutes, LCO No.
7396 section 1-110, or a state or municipal employee, as defined in section 1- 110, or (C) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, [53a-70b,] 53a-71, except as provided in subdivision (5) of this subsection, 53a- 72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a crime or motor vehicle violation who, as a result of the commission of such crime or motor vehicle violation, causes the death of another person, (3) to any person accused of a family violence crime as defined in section 46b-38a who (A) is eligible for the pretrial family violence education program established under section 46b-38c, or (B) has previously had the pretrial family violence education program invoked in such person's behalf, (4) to any person charged with a violation of section 21a-267 or 21a-279 who (A) is eligible for the pretrial drug education and community service program established under section 54-56i, or (B) has previously had the pretrial drug education program or the pretrial drug education and community service program invoked on such person's behalf, (5) unless good cause is shown, to (A) any person charged with a class C felony, or (B) any person charged with committing a violation of subdivision (1) of subsection (a) of section 53a-71 while such person was less than four years older than the other person, (6) to any person charged with a violation of section 9-359 or 9-359a, (7) to any person charged with a motor vehicle violation (A) while operating a commercial motor vehicle, as defined in section 14-1, or (B) who holds a commercial driver's license or commercial driver's instruction permit at the time of the violation, (8) to any person charged with a violation of subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care provider or vendor participating in the state's Medicaid program charged with a violation of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123.
6518 21 of 36 Raised Bill No.7396 revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a- 71, except as provided in subdivision (5) of this subsection, 53a-72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a crime or motor vehicle violation who, as a result of the commission of such crime or motor vehicle violation, causes the death of another person, (3) to any person accused of a family violence crime as defined in section 46b-38a who (A) is eligible for the pretrial family violence education program established under section 46b-38c, or (B) has previously had the pretrial family violence education program invoked in such person's behalf, (4) to any person charged with a violation of section 21a-267 or 21a-279 who (A) is eligible for the pretrial drug education and community service program established under section 54-56i, or (B) has previously had the pretrial drug education program or the pretrial drug education and community service program invoked on such person's behalf, (5) unless good cause is shown, to (A) any person charged with a class C felony, or (B) any person charged with committing a violation of subdivision (1) of subsection (a) of section 53a-71 while such person was less than four years older than the other person, (6) to any person charged with a violation of section 9-359 or 9-359a, (7) to any person charged with a motor vehicle violation (A) while operating a commercial motor vehicle, as defined in section 14-1, or (B) who holds a commercial driver's license or commercial driver's instruction permit at the time of the violation, (8) to any person charged with a violation of subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care provider or vendor participating in the state's Medicaid program charged with a violation of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123.
26.
25.
Subdivision (2) of section 54-76b of the general statutes is LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07323 of 37 R01-HB.docx } Substitute Bill No.
Subdivision (2) of section 54-76b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
7396 repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
LCO No.
(2) "Youthful offender" means a youth who (A) is charged with the commission of a crime which is not a class A felony or a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, and (B) has not previously been convicted of a felony in the regular criminal docket of the Superior Court or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120.
6518 22 of 36 Raised Bill No.7396 (2) "Youthful offender" means a youth who (A) is charged with the commission of a crime which is not a class A felony or a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, and (B) has not previously been convicted of a felony in the regular criminal docket of the Superior Court or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120.
27.
26.
(a) In any case where an information or complaint has been laid charging a defendant with the commission of a crime, and where it appears that the defendant is a youth, such defendant shall be presumed to be eligible to be adjudged a youthful offender and the court having jurisdiction shall, but only as to the public, order the court file sealed, unless such defendant (1) is charged with the commission of a crime which is a class A felony or a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073924 of 37 R01-HB.docx } Substitute Bill No.
(a) In any case where an information or complaint has been laid charging a defendant with the commission of a crime, and where it appears that the defendant is a youth, such defendant shall be presumed to be eligible to be adjudged a youthful offender and the court having jurisdiction shall, but only as to the public, order the court file sealed, unless such defendant (1) is charged with the commission of a crime which is a class A felony or a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, or (2) has been previously convicted of a felony in the regular criminal docket of the Superior LCO No.
7396 between the youth and another person who is thirteen years of age or older but under sixteen years of age, or (2) has been previously convicted of a felony in the regular criminal docket of the Superior Court or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120.
6518 23 of 36 Raised Bill No.7396 Court or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120.
28.
27.
(a) The records or other information of a youth, other than a youth arrested for or charged with the commission of a crime which is a class A felony or a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a- 70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, including fingerprints, photographs and physical descriptions, shall be confidential and shall not be open to public inspection or be disclosed except as provided in this section, but such fingerprints, photographs and physical descriptions submitted to the State Police Bureau of Identification of the Division of State Police within the Department of Emergency Services and Public Protection at the time of the arrest of a person subsequently adjudged, or subsequently presumed or determined to be eligible to be adjudged, a LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07325 of 37 R01-HB.docx } Substitute Bill No.
(a) The records or other information of a youth, other than a youth arrested for or charged with the commission of a crime which is a class A felony or a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a- 70b,] 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, including fingerprints, photographs and physical descriptions, shall be confidential and shall not be open to public inspection or be disclosed except as provided in this section, but such fingerprints, photographs and physical descriptions submitted to the State Police Bureau of Identification of the Division of State Police within the Department of Emergency Services and Public Protection at the time of the arrest of a person subsequently adjudged, or subsequently presumed or determined to be eligible to be adjudged, a youthful offender shall be retained as confidential matter in the files of the bureau and be opened to inspection only as provided in this section.
7396 youthful offender shall be retained as confidential matter in the files of the bureau and be opened to inspection only as provided in this section.
Other data ordinarily received by the bureau, with regard to persons arrested for a crime, shall be forwarded to the bureau to be LCO No.
Other data ordinarily received by the bureau, with regard to persons arrested for a crime, shall be forwarded to the bureau to be filed, in addition to such fingerprints, photographs and physical descriptions, and be retained in the division as confidential information, open to inspection only as provided in this section.
6518 24 of 36 Raised Bill No.7396 filed, in addition to such fingerprints, photographs and physical descriptions, and be retained in the division as confidential information, open to inspection only as provided in this section.
29.
28.
30.
29.
The name and address of the victim of a sexual assault under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07326 of 37 R01-HB.docx } Substitute Bill No.
The name and address of the victim of a sexual assault under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or family violence, as defined in section 46b-38a and such other identifying information pertaining to such victim as determined by the LCO No.
7396 voyeurism under section 53a-189a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or family violence, as defined in section 46b-38a and such other identifying information pertaining to such victim as determined by the court, shall be confidential and shall be disclosed only upon order of the Superior Court, except that (1) such information shall be available to the accused in the same manner and time as such information is available to persons accused of other criminal offenses, and (2) if a protective order is issued in a prosecution under any of said sections, the name and address of the victim, in addition to the information contained in and concerning the issuance of such order, shall be entered in the registry of protective orders pursuant to section 51-5c.
6518 25 of 36 Raised Bill No.
7396 court, shall be confidential and shall be disclosed only upon order of the Superior Court, except that (1) such information shall be available to the accused in the same manner and time as such information is available to persons accused of other criminal offenses, and (2) if a protective order is issued in a prosecution under any of said sections, the name and address of the victim, in addition to the information contained in and concerning the issuance of such order, shall be entered in the registry of protective orders pursuant to section 51-5c.
31.
30.
32.
31.
(a) Notwithstanding any provision of the general statutes, except as provided in subsection (b) of this section, a court entering a judgment of conviction or conviction of a child as delinquent for a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b] or 53a-71 or a violation of section 53-21, 53a-72a, 53a-72b or 53a-73a involving a sexual act, shall, at the request of the victim of such crime, order that the offender be tested for the presence LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073927 of 37 R01-HB.docx } Substitute Bill No.
(a) Notwithstanding any provision of the general statutes, except as provided in subsection (b) of this section, a court entering a judgment of conviction or conviction of a child as delinquent for a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b] or 53a-71 or a violation of section 53-21, 53a-72a, 53a-72b or 53a-73a involving a sexual act, shall, at the request of the victim of such crime, order that the offender be tested for the presence of the etiologic agent for acquired immune deficiency syndrome or human immunodeficiency virus and that the results be disclosed to the victim and the offender.
7396 of the etiologic agent for acquired immune deficiency syndrome or human immunodeficiency virus and that the results be disclosed to the victim and the offender.
The test shall be performed by or at the direction of the Department of Correction or, in the case of a child LCO No.
The test shall be performed by or at the direction of the Department of Correction or, in the case of a child convicted as delinquent, at the direction of the Court Support Services Division of the Judicial Department or the Department of Children and Families, in consultation with the Department of Public Health.
6518 26 of 36 Raised Bill No.
7396 convicted as delinquent, at the direction of the Court Support Services Division of the Judicial Department or the Department of Children and Families, in consultation with the Department of Public Health.
33.
32.
34.
33.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0739628 of 37 R01-HB.docx } Substitute Bill No.
(c) The period of special parole shall be not less than one year or more than ten years, except that such period may be for more than ten years for a person convicted of a violation of section 53a-70b of the LCO No.
7396 (c) The period of special parole shall be not less than one year or more than ten years, except that such period may be for more than ten years for a person convicted of a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous felony offender pursuant to subsection (i) of section 53a-40 or as a persistent serious felony offender pursuant to subsection (k) of section 53a-40.
6518 27 of 36 Raised Bill No.7396 general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a or 53a-72b or sentenced as a persistent dangerous felony offender pursuant to subsection (i) of section 53a-40 or as a persistent serious felony offender pursuant to subsection (k) of section 53a-40.
35.
34.
36.
35.
In addition to any fine, fee or cost that may be imposed pursuant to LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07329 of 37 R01-HB.docx } Substitute Bill No.
In addition to any fine, fee or cost that may be imposed pursuant to any provision of the general statutes, the court shall impose a fine of one hundred fifty-one dollars on any person who, on or after July 1, 2004, is convicted of or pleads guilty or nolo contendere to a violation LCO No.
7396 any provision of the general statutes, the court shall impose a fine of one hundred fifty-one dollars on any person who, on or after July 1, 2004, is convicted of or pleads guilty or nolo contendere to a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a.
6518 28 of 36 Raised Bill No.7396 of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a.
37.
36.
38.
37.
(d) In instances where a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82 or 53a-192a has been alleged, the Office of Victim Services or, on review, a victim compensation commissioner, may order compensation be paid if (1) the personal LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073930 of 37 R01-HB.docx } Substitute Bill No.
(d) In instances where a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53-21, 53a-70, 53a-70a, [53a-70b,] 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82 or 53a-192a has been alleged, the Office of Victim Services or, on review, a victim compensation commissioner, may order compensation be paid if (1) the personal injury has been disclosed to:
7396 injury has been disclosed to:
(C) a physician assistant licensed under chapter 370;
(C) a physician assistant licensed LCO No.
6518 29 of 36 Raised Bill No.7396 under chapter 370;
39.
38.
Subdivision (14) of section 54-240 of the general statutes is LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07331 of 37 R01-HB.docx } Substitute Bill No.
Subdivision (14) of section 54-240 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
7396 repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
(14) "Sexual assault" means any act that constitutes a violation of LCO No.
(14) "Sexual assault" means any act that constitutes a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a;
6518 30 of 36 Raised Bill No.7396 section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, or section 53a-70, 53a-70a, [53a-70b,] 53a-71, 53a-72a, 53a-72b or 53a-73a;
40.
39.
41.
40.
(a) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person for a violation of section 53a-70b of the LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0739632 of 37 R01-HB.docx } Substitute Bill No.
(a) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person for a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, the court may order the Department of Emergency Services and Public Protection to restrict the dissemination of the registration information to law enforcement LCO No.
7396 general statutes, revision of 1958, revised to January 1, 2019, committed prior to October 1, 2019, the court may order the Department of Emergency Services and Public Protection to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety and that publication of the registration information would be likely to reveal the identity of the victim within the community where the victim resides.
6518 31 of 36 Raised Bill No.7396 purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety and that publication of the registration information would be likely to reveal the identity of the victim within the community where the victim resides.
The court shall remove the restriction on the dissemination of such registration information if, at any time, it finds that public safety requires that such person's registration information be made available LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07333 of 37 R01-HB.docx } Substitute Bill No.
The court shall remove the restriction on the dissemination of such registration information if, at any time, it finds that public safety requires that such person's registration information be made available to the public or that a change in circumstances makes publication of the registration information no longer likely to reveal the identity of the victim within the community where the victim resides.
7396 to the public or that a change in circumstances makes publication of the registration information no longer likely to reveal the identity of the victim within the community where the victim resides.
(1) Has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1999, and was under nineteen years of age at the time of the offense;
(1) Has been convicted or found not guilty by LCO No.
6518 32 of 36 Raised Bill No.7396 reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1999, and was under nineteen years of age at the time of the offense;
Any person LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07334 of 37 R01-HB.docx } Substitute Bill No.
Any person who files such a petition shall, pursuant to subsection (b) of section 54- 227, notify the Office of Victim Services and the Victim Services Unit within the Department of Correction of the filing of such petition.
7396 who files such a petition shall, pursuant to subsection (b) of section 54- 227, notify the Office of Victim Services and the Victim Services Unit within the Department of Correction of the filing of such petition.
The Office of Victim Services or the Victim Services Unit within the Department of Correction, or both, shall, pursuant to section 54-230 or LCO No.
The Office of Victim Services or the Victim Services Unit within the Department of Correction, or both, shall, pursuant to section 54-230 or 54-230a, notify any victim who has requested notification pursuant to subsection (b) of section 54-228 of the filing of such petition.
6518 33 of 36 Raised Bill No.7396 54-230a, notify any victim who has requested notification pursuant to subsection (b) of section 54-228 of the filing of such petition.
42.
41.
43.
42.
(j) The provisions of this section shall not apply to persons who are (1) attending an institution of higher education and presently residing together in on-campus housing [, provided such persons are not in a dating relationship, and] or in off-campus housing that is owned, managed or operated by the institution of higher education or its LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073935 of 37 R01-HB.docx } Substitute Bill No.
(j) The provisions of this section shall not apply to persons who are (1) attending an institution of higher education and presently residing together in on-campus housing [, provided such persons are not in a dating relationship] or in off-campus housing that is owned, managed or operated by the institution of higher education or its agent, provided such persons are not family or household members as defined in subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-38a, and (2) presently residing in a dwelling unit, as defined in section 47a-1, and making payments pursuant to a rental agreement, as defined in section 47a-1, provided such persons are not LCO No.
7396 agent, provided such persons are not family or household members as defined in subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-38a, or (2) presently residing in a dwelling unit, as defined in section 47a-1, and making payments pursuant to a rental agreement, as defined in section 47a-1, provided such persons are not [in a dating relationship] family or household members as defined in subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of section 46b- 38a.
6518 34 of 36 Raised Bill No.
7396 [in a dating relationship] family or household members as defined in subparagraphs (A), (B), (C), (E) or (F) of subdivision (2) of section 46b- 38a.
44.
43.
24 October 1, 2019 54-56d(m)(3) LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07396- 36 of 37 R01-HB.docx } Substitute Bill No.
24 October 1, 2019 54-56e(c) Sec.
25 October 1, 2019 54-76b(2) Sec.
26 October 1, 2019 54-76c(a) Sec.
27 October 1, 2019 54-76l(a) Sec.
28 October 1, 2019 54-86d Sec.
29 October 1, 2019 54-86e Sec.
30 October 1, 2019 54-86j(a) LCO No.
6518 35 of 36 Raised Bill No.
25 October 1, 2019 54-56e(c) Sec.
31 October 1, 2019 54-102b(a) Sec.
26 October 1, 2019 54-76b(2) Sec.
32 October 1, 2019 54-102g(a) Sec.
27 October 1, 2019 54-76c(a) Sec.
33 October 1, 2019 54-125e(c) Sec.
28 October 1, 2019 54-76l(a) Sec.
34 October 1, 2019 54-125i(a) Sec.
29 October 1, 2019 54-86d Sec.
35 October 1, 2019 54-143c Sec.
30 October 1, 2019 54-86e Sec.
36 October 1, 2019 54-193b Sec.
31 October 1, 2019 54-86j(a) Sec.
37 October 1, 2019 54-209(d) and (e) Sec.
32 October 1, 2019 54-102b(a) Sec.
38 October 1, 2019 54-240(14) Sec.
33 October 1, 2019 54-102g(a) Sec.
39 October 1, 2019 54-250(11) October 1, 2019 Sec.
34 October 1, 2019 54-125e(c) October 1, 2019 Sec.
40 54-255(a) to (c) Sec.
35 54-125i(a) Sec.
41 October 1, 2019 54-260(a) Sec.
36 October 1, 2019 54-143c Sec.
42 July 1, 2019 46b-38b(j) Sec.
37 October 1, 2019 54-193b Sec.
43 October 1, 2019 Repealer section Statement of Purpose:
38 October 1, 2019 54-209(d) and (e) Sec.
To repeal section 53a-70b of the general statutes concerning sexual assault in a spousal or cohabitating relationship and to make conforming changes.
39 October 1, 2019 54-240(14) Sec.
[Proposed deletions are enclosed in brackets.
40 October 1, 2019 54-250(11) Sec.
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.] LCO No.
41 October 1, 2019 54-255(a) to (c) Sec.
6518 36 of 36
42 October 1, 2019 54-260(a) Sec.
43 July 1, 2019 46b-38b(j) Sec.
44 October 1, 2019 Repealer section Statement of Legislative Commissioners:
Section 24 was added in order to bracket 53a-70b in conformity with the bill and sections 24 to 43, inclusive, were renumbered accordingly.
JUD Joint Favorable Subst.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07396- 37 of 37 R01-HB.docx }
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 19-189

  5. ON CONSENT CALENDAR /IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. ADOPTED HO. AMEND. SCH. A

  8. FILE NO. 997

  9. SENATE CALENDAR NUMBER 603

  10. FAV. RPT., TAB. FOR CAL., SEN.

  11. HOUSE PASSED, HOUSE AMEND. SCH. A

  12. HOUSE ADOPTED HOUSE AMEND. SCH. A

  13. FILE NO. 851

  14. HOUSE CALENDAR NUMBER 534

  15. FAV. RPT., TABLED FOR HOUSE CALENDER

  16. RPTD. OUT OF LCO

  17. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/29/19

  18. FILED WITH LCO

  19. Joint Favorable Substitute

  20. PUBLIC HEARING 0401

  21. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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55 sponsors · 0 co-sponsors · 132 not signed on

Sponsors (55)

Co-sponsors (0)

None.

Not signed on (132)

132 members have not signed on to this bill.

Show all 132 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 7396?
HB 7396 is sponsored by Kokoruda, Noreen S., Abercrombie, Catherine F., Palm, Christine, Sredzinski, J.P., Somers, Heather S., Green, Robin, Verrengia, Joe, Cheeseman, Holly H., Mitch Bolinsky (Republican), Kathy Kennedy (Republican), Ben McGorty (Republican), Bob Godfrey (Democratic), Gary A. Turco (Democratic), Klarides, Themis, Floren, Livvy R., Simmons, Caroline, Stallworth, Charlie L., Serra, Joseph C., Flexer, Mae, Kevin C. Kelly, Perillo, Jason, Winkler, Michael A., Osten, Catherine A., Devlin, Laura M., Anwar, Saud, Michel, David, Leone, Carlo, Hill, Leslee B., Kushner, Julie, Lopes, Rick, Needleman, Norman, Petit, William A., Logan, George S., Bizzarro, Gennaro, Slap, Derek, Harding, Stephen G., Bergstein, Alexandra, Kerry S. Wood (Democratic), Tom O'Dea (Republican), Maria P. Horn (Democratic), Joshua M. Hall (Democratic), Vincent J. Candelora (Republican), Hilda E. Santiago (Democratic), Dave W. Yaccarino (Republican), Matt Blumenthal (Democratic), Kenneth Gucker (Democratic), Tom Delnicki (Republican), Anne M. Hughes (Democratic), Geraldo C. Reyes (Democratic), Lucy Dathan (Democratic), Cristin McCarthy Vahey (Democratic), Devin R. Carney (Republican), Nicole Klarides-Ditria (Republican), Geoff Luxenberg (Democratic), and Mccarty, K..
What is the current status of HB 7396?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
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