HB 7002 — AN ACT CONCERNING THE INCLUSION OF CAMERA, COMPUTER AND CELLULAR MOBILE TELEPHONE REPAIR PERSONNEL AS MANDATED REPORTERS.

General Assembly SubstituteRaised Bill No.

7002 January Session, 2019 ANLCO ACTNo. CONCERNING THE INCLUSION OF CAMERA, COMPUTER AND CELLULAR MOBILE TELEPHONE REPAIR PERSONNEL AS MANDATED REPORTERS.

3440 Referred to Committee on COMMITTEE ON CHILDREN Introduced by:

(KID) AN ACT CONCERNING THE INCLUSION OF CAMERA, COMPUTER AND CELLULAR MOBILE TELEPHONE REPAIR PERSONNEL AS MANDATED REPORTERS.

Section 17a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJuly 1, 2020):2019):

(1) Any physician or surgeon licensed under the provisions of chapter 370, (2) any resident physician or intern in any hospital in this state, whether or not so licensed, (3) any registered nurse, (4) any licensed practical nurse, (5) any medical examiner, (6) any dentist, (7) any dental hygienist, (8) any psychologist, (9) any school employee, as defined in section 53a-65, (10) any social worker, (11) any person who holds or is LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07002-R011 of 6 HB.docx Substitute Bill No.

70023440 1 of 4 Raised Bill No.7002 any resident physician or intern in any hospital in this state, whether or not so licensed, (3) any registered nurse, (4) any licensed practical nurse, (5) any medical examiner, (6) any dentist, (7) any dental hygienist, (8) any psychologist, (9) any school employee, as defined in section 53a-65, (10) any social worker, (11) any person who holds or is issued a coaching permit by the State Board of Education, is a coach of intramural or interscholastic athletics and is eighteen years of age or older, (12) any individual who is employed as a coach or director of youth athletics and is eighteen years of age or older, (13) any individual who is employed as a coach or director of a private youth sports organization, league or team and is eighteen years of age or older, (14) any paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer employed by a public or private institution of higher education who is eighteen years of age or older, excluding student employees, (15) any police officer, (16) any juvenile or adult probation officer, (17) any juvenile or adult parole officer, (18) any member of the clergy, (19) any pharmacist, (20) any physical therapist, (21) any optometrist, (22) any chiropractor, (23) any podiatrist, (24) any mental health professional, (25) any physician assistant, (26) any person who is a licensed or certified emergency medical services provider, (27) any person who is a licensed or certified alcohol and drug counselor, (28) any person who is a licensed marital and family therapist, (29) any person who is a sexual assault counselor or a domestic violence counselor, as defined in section 52- 146k, (30) any person who is a licensed professional counselor, (31) any person who is a licensed foster parent, (32) any person paid to care for a child in any public or private facility, child care center, group child care home or family child care home licensed by the state, (33) any employee of the Department of Children and Families, (34) any employee of the Department of Public Health, (35) any employee of the Office of Early Childhood who is responsible for the licensing of child care centers, group child care homes, family child care homes or youth camps, (36) any paid youth camp director or assistant director, (37) the Child Advocate and any employee of the Office of the Child Advocate, (38) any person who is a licensed behavior analyst, [and] (39) any family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department, and (40) any person who is employed to repair a camera, computer, as defined in section 53-451, cellular mobile telephone or other mobile electronic device, as defined in section 14-296aa, and is eighteen years of age or LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-070022 of 6 R01-HB.docx } Substitute Bill No.

70023440 2 of 4 Raised Bill No.7002 family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department, and (40) any person employed to repair a camera, computer or cellular mobile telephone who is eighteen years of age or older.

Sec.LCO No.

2.3440 3 of 4 Raised Bill No.

Section7002 17a-101aThis ofact theshall generaltake statuteseffect isas repealedfollows and shall amend the following issections: substituted in lieu thereof (Effective October 1, 2020):

(a)Section (1)1 AnyJuly mandated1, reporter,2019 as17a-101 describedStatement in section 17a-101, as LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-070023 of 6Purpose: R01-HB.docx } Substitute Bill No.

7002To amendedmake bycamera, thiscomputer act,and whocellular inmobile thetelephone ordinaryrepair coursepersonnel ofwho suchare person's employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years (A) has been abused or neglected, as described in section 46b-120, (B) has had nonaccidental physical injury, or injury which is at variance with the history given of suchage injury, inflicted upon such child, or (C)older ismandated placedreporters at imminent risk of seriouschild harm,abuse or (2) any school employee, as defined in section 53a- 65, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any person who is being educated by the Technical Education and Careerneglect. System or a local or regional board of education, other than as part of an adult education program, is a victim under the provisions of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, and the perpetrator is a school employee shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.

(b)[Proposed (1)deletions [Any]are Exceptenclosed as provided in subdivisionbrackets. (4) of this subsection, any person required to report under the provisions of this section who fails to make such report or fails to make such report within the time period prescribed in sections 17a-101b to 17a-101d, inclusive, and section 17a-103 shall be guilty of a class A misdemeanor, except that such person shall be guilty of a class E felony if (A) such violation is a subsequent violation, (B) such violation was wilful or intentional or due to gross negligence, or (C) such person had actual knowledge that (i) a child was abused or neglected, as described in section 46b-120, or (ii) a person was a victim described in subdivision (2) of subsection (a) of this section.

(2)Proposed Anyadditions personare whoindicated intentionallyby andunderline, unreasonablyexcept interferesthat withwhen or prevents the makingentire text of a reportbill pursuantor toresolution this section, or attemptsa orsection conspiresof toa dobill so,or shallresolution beis guiltynew, ofit ais classnot Dunderlined.] felony.LCO No.

The3440 provisions4 of this4 subdivision shall not apply to any child under the age of eighteen years or any person who is being educated by the Technical Education and Career System or a local or regional board of education, LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-070024 of 6 R01-HB.docx } Substitute Bill No.

7002 other than as part of an adult education program.

(3) Any person found guilty under the provisions of this subsection shall be required to participate in an educational and training program.

The program may be provided by one or more private organizations approved by the commissioner, provided the entire cost of the program shall be paid from fees charged to the participants, the amount of which shall be subject to the approval of the commissioner.

(4) Any mandated reporter described in subdivision (40) of subsection (b) of section 17a-101, as amended by this act, who makes a report pursuant to 18 USC 2258A in lieu of making a report under the provisions of this section, shall not be found guilty under subdivision (1) of this subsection.

(c) The Commissioner of Children and Families, or the commissioner's designee, shall promptly notify the Chief State's Attorney when there is reason to believe that any such person has failed to make a report in accordance with this section.

(d) For purposes of this section and section 17a-101b, a mandated reporter's suspicion or belief may be based on factors including, but not limited to, observations, allegations, facts or statements by a child, victim, as described in subdivision (2) of subsection (a) of this section, or third party.

Such suspicion or belief does not require certainty or probable cause.

Sec.

3.

(Effective from passage) Not later than April 1, 2020, the Secretary of the State shall notify each domestic corporation required to file an annual report, pursuant to section 33-953 of the general statutes, that on and after October 1, 2020, any person who is employed to repair a camera, computer, as defined in section 53-451 of the general statutes, cellular mobile telephone or other mobile electronic device, as defined in section 14-296aa of the general statutes, and is eighteen years of age or older, is a mandated reporter pursuant to section 17a-101 of the general statutes, as amended by this act.

Such LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-070025 of 6 R01-HB.docx } Substitute Bill No.

7002 notification may be provided by electronic mail.

This act shall take effect as follows and shall amend the following sections:

Section 1 October 1, 2020 17a-101 Sec.

2 October 1, 2020 17a-101a Sec.

3 from passage New section Statement of Legislative Commissioners:

In Section 2(b)(4), "liable" was replaced with "found guilty" for consistency.

KID Joint Favorable Subst.

LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07002- 6 of 6 R01-HB.docx }