Connecticut 2019 Regular Session Status: Enacted Bipartisan · 14 D · 2 R cosponsors

SB 3 — AN ACT COMBATTING SEXUAL ASSAULT AND SEXUAL HARASSMENT.

Last action — SIGNED BY GOVERNOR

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

This bill has been enacted into law. Introduced January 09, 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.

  • 51 sponsors

    51 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (14 D · 2 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 · 578 removed

554 line(s) added, 578 removed.

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General Assembly Committee Bill No.
General Assembly Substitute Bill No.
3 January Session, 2019 LCO No.
3 January Session, 2019 AN ACT COMBATTING SEXUAL ASSAULT AND SEXUAL HARASSMENT.
6271 Referred to Committee on JUDICIARY Introduced by:
(JUD) AN ACT COMBATTING SEXUAL ASSAULT AND SEXUAL HARASSMENT.
LCO No.
(4) To appoint such investigators and other employees and agents as it deems necessary, fix their compensation within the limitations LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00003-R1 of 26 SB.docx Substitute Bill No.
6271 1 of 28 Committee Bill No.3 (4) To appoint such investigators and other employees and agents as it deems necessary, fix their compensation within the limitations provided by law and prescribe their duties;
3 provided by law and prescribe their duties;
(12) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to LCO No.
(12) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed and with the cooperation of such agencies, (A) to study the problems of discrimination in all or specific fields of LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0002 of 26 R03-SB.docx } Substitute Bill No.
6271 2 of 28 Committee Bill No.3 time be offered and needed and with the cooperation of such agencies, (A) to study the problems of discrimination in all or specific fields of human relationships, and (B) to foster through education and community effort or otherwise good will among the groups and elements of the population of the state;
3 human relationships, and (B) to foster through education and community effort or otherwise good will among the groups and elements of the population of the state;
and [(B) to require an employer having fifty or more employees to] (C) provide LCO No.
and [(B) to require an employer having fifty or more employees to] (C) provide two hours of training and education to all [supervisory] employees within one year of October 1, [1992, and to all new supervisory employees within six months of their assumption of a supervisory LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0003 of 26 R03-SB.docx } Substitute Bill No.
6271 3 of 28 Committee Bill No.3 two hours of training and education to all [supervisory] employees within one year of October 1, [1992, and to all new supervisory employees within six months of their assumption of a supervisory position] 2019, provided any employer who has provided such training and education to any such employees after October 1, [1991] 2018, shall not be required to provide such training and education a second time.
3 position] 2019, provided any employer who has provided such training and education to any such employees after October 1, [1991] 2018, shall not be required to provide such training and education a second time.
Any employee hired on or after October 1, 2019, by an employer having (i) three or more employees, shall receive such training and education not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56, as amended by this act;
An employer having (i) three or more employees, shall provide such training and education to an employee hired on or after October 1, 2019, not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56, as amended by this act;
or (ii) less than three employees shall provide two hours of training and education to all supervisory employees within one year of October 1, 2019, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such supervisory employees after October 1, 2018, shall not be required to provide such training and education a second time.
or (ii) less than three employees shall provide such training and education to all supervisory employees within one year of October 1, 2019, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such supervisory employees after October 1, 2018, shall not be required to provide such training and education a second time.
As used in this subdivision, "sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60, as amended by this LCO No.
As used in this subdivision, "sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60, as amended by this act, and "employer" includes the General Assembly;
6271 4 of 28 Committee Bill No.3 act, and "employer" includes the General Assembly;
(16) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0004 of 26 R03-SB.docx } Substitute Bill No.
(16) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity training and education (i) to all supervisory and nonsupervisory employees, not later than July 1, 2002, with priority for such training to supervisory employees, and (ii) to all newly hired supervisory and nonsupervisory employees, not later than six months after their assumption of a position with a state agency, with priority for such training to supervisory employees.
3 training and education (i) to all supervisory and nonsupervisory employees, not later than July 1, 2002, with priority for such training to supervisory employees, and (ii) to all newly hired supervisory and nonsupervisory employees, not later than six months after their assumption of a position with a state agency, with priority for such training to supervisory employees.
and LCO No.
and (18) To enter into contracts for and accept grants of private or federal funds and to accept gifts, donations or bequests, including donations of service by attorneys.
6271 5 of 28 Committee Bill No.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0005 of 26 R03-SB.docx } Substitute Bill No.
3 (18) To enter into contracts for and accept grants of private or federal funds and to accept gifts, donations or bequests, including donations of service by attorneys.
3 Sec.
Sec.
Subsection (a) of section 46a-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
Subsection (a) of section 46a-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
(4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their LCO No.
(4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their outcome, the decisions it has rendered and the other work it has performed;
6271 6 of 28 Committee Bill No.3 outcome, the decisions it has rendered and the other work it has performed;
(5) Monitor state contracts to determine whether they are in LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0006 of 26 R03-SB.docx } Substitute Bill No.
(5) Monitor state contracts to determine whether they are in compliance with sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit discrimination;
3 compliance with sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit discrimination;
(8) (A) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass any employee, person seeking employment or member on the basis of sex or gender identity or expression.
(8) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass any employee, person seeking employment or member on the basis of sex or gender identity or expression.
["Sexual harassment" shall, for the purposes of this subdivision, be defined as] As used in this subdivision, "sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when [(A)] (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, [(B)] (ii) submission LCO No.
["Sexual harassment" shall, for the purposes of this subdivision, be defined as] If an employer takes immediate corrective action in response to an employee's claim of sexual harassment, such corrective action shall not modify the conditions of employment of the employee making the claim of sexual harassment unless such employee agrees, in writing, to any modification in the conditions of employment.
6271 7 of 28 Committee Bill No.3 to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or [(C)] (iii) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;
"Corrective action" taken by an employer, includes, but is not 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.
(B) If an employer takes immediate corrective action in response to an employee's claim of sexual harassment, such corrective action shall not modify the conditions of employment of the employee making the claim of sexual harassment unless such employee agrees, in writing, to any modification in the conditions of employment.
As used in this subdivision, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0007 of 26 R03-SB.docx } Substitute Bill No.
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;
3 "sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (C) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;
A person designated as an equal employment opportunity officer shall not disclose to any other person, other than personnel charged with LCO No.
A person designated as an equal employment opportunity officer shall not disclose to any other person, other than personnel charged with investigating such complaint or to the commission upon request, witness statements or documents received or compiled in conjunction with the investigation of a complaint of discriminatory conduct within the agency, department, board or commission.
6271 8 of 28 Committee Bill No.3 investigating such complaint or to the commission upon request, witness statements or documents received or compiled in conjunction with the investigation of a complaint of discriminatory conduct within the agency, department, board or commission.
Subsection (f) of section 46a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
Subsection (f) of section 46a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0008 of 26 R03-SB.docx } Substitute Bill No.
(f) Any complaint filed pursuant to this section [must] shall be filed within one hundred and eighty days after the alleged act of discrimination, except that any complaint by a person (1) claiming to be aggrieved by a violation of subsection (a) of section 46a-80 [must] that occurred on or before October 1, 2019, shall be filed within thirty days of the alleged act of discrimination, and (2) claiming to be aggrieved by a violation of section 46a-60, as amended by this act, sections 46a-70 to 46a-78, inclusive, section 46a-80 or 46a-81c, that occurred on or after October 1, 2019, shall be filed not later than three hundred days after the date of the alleged act of discrimination.
3 October 1, 2019):
(f) Any complaint filed pursuant to this section [must] shall be filed within one hundred and eighty days after the alleged act of discrimination, except that any complaint by a person (1) claiming to be aggrieved by a violation of subsection (a) of section 46a-80 [must] that occurred on or before October 1, 2019, shall be filed within thirty days of the alleged act of discrimination, and (2) claiming to be aggrieved by a violation of section 46a-60, as amended by this act, sections 46a-70 to 46a-78, inclusive, or section 46a-80 or 46a-81c, that occurred on or after October 1, 2019, shall be filed not later than three hundred days after the date of the alleged act of discrimination.
(b) In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer [may order the hiring or reinstatement of any individual, with or without back pay, or] shall (1) issue an order eliminating the discriminatory practice complained of and making the complainant whole, including restoration to membership in any respondent labor organization, and (2) (A) determine the amount of damages suffered by the complainant, including the actual costs incurred by the complainant as a result of the discriminatory practice, and (B) allow reasonable attorney's fees and costs.
(b) In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer [may order the hiring or reinstatement of any individual, with or without back pay, or] shall (1) issue an order to eliminate the discriminatory employment practice complained of and to make the complainant whole, including restoration to membership in any respondent labor organization, and (2) (A) determine the amount of damages suffered by the complainant, including the actual costs incurred by the complainant as a result of the discriminatory employment practice, and (B) allow reasonable attorney's fees and costs.
Liability for back pay LCO No.
Liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint.
6271 9 of 28 Committee Bill No.3 shall not accrue from a date more than two years prior to the filing or issuance of the complaint.
The amount of any deduction for interim unemployment compensation or welfare assistance shall be paid by the respondent to the commission which shall transfer such amount to the appropriate state or local agency.
The amount of any deduction for interim LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0009 of 26 R03-SB.docx } Substitute Bill No.
3 unemployment compensation or welfare assistance shall be paid by the respondent to the commission which shall transfer such amount to the appropriate state or local agency.
(a) (1) Whenever a complaint filed pursuant to section 46a-82, as amended by this act, alleges a [violation of section 46a-60 or 46a-81c] discriminatory employment practice, and the executive director believes that [equitable relief is required to prevent irreparable harm to the complainant] (A) a court order is necessary to preserve an employment opportunity for the complainant until the commission is able to issue a final decision, or (B) for a discriminatory practice, occurring on or after October 1, 2019, that punitive damages or a civil penalty would be appropriate, the commission may bring a petition in the superior court for the judicial district of Hartford, the judicial district in which the discriminatory practice which is the subject of the complaint occurred or the judicial district in which the respondent resides [, provided this] for such order or relief.
(a) (1) Whenever a complaint filed pursuant to section 46a-82, as amended by this act, alleges a [violation of section 46a-60 or 46a-81c] discriminatory employment practice, and the executive director believes that [equitable relief is required to prevent irreparable harm to the complainant] (A) a court order is necessary to preserve an employment opportunity for the complainant until the commission is able to issue a final decision, or (B) for a discriminatory employment practice, occurring on or after October 1, 2019, that punitive damages or a civil penalty would be appropriate, the commission may bring a petition in the superior court for the judicial district of Hartford, the judicial district in which the discriminatory employment practice which is the subject of the complaint occurred or the judicial district in which the respondent resides [, provided this] for such order or relief.
The injunctive relief may include an order temporarily restraining] brought by the commission may seek (A) an order barring the respondent from doing LCO No.
The injunctive relief may include an order temporarily restraining] brought by the commission may seek (A) an order barring the respondent from doing any act that would render ineffectual any order a presiding officer may render with respect to the complaint, or (B) the award of punitive damages payable to the complainant, not to exceed fifty thousand dollars, or a civil penalty payable to the commission, not to exceed ten thousand dollars, or both, or (C) both of the remedies provided in subparagraphs (A) and (B) of this subdivision.
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6271 10 of 28 Committee Bill No.3 any act that would render ineffectual any order a presiding officer may render with respect to the complaint, or (B) the award of punitive damages payable to the complainant, not to exceed fifty thousand dollars, or a civil penalty payable to the commission, not to exceed ten thousand dollars, or both, or (C) both of the remedies provided in subparagraphs (A) and (B) of this subdivision.
In fashioning an order barring the respondent from taking any action that would render LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0010 of 26 R03-SB.docx } Substitute Bill No.
In fashioning an order barring the respondent from taking any action that would render ineffectual any order a presiding officer may render, the availability of money damages shall not be an adequate remedy for the loss of an employment opportunity.
3 ineffectual any order a presiding officer may render, the availability of money damages shall not be an adequate remedy for the loss of an employment opportunity.
LCO No.
Sec.
6271 11 of 28 Committee Bill No.3 Sec.
(a) Any employer, employment agency or labor organization which fails to post such notices of statutory provisions as the commission may require pursuant to subsection (13) of section 46a-54, as amended by this act, shall be [subject to a fine of] fined not more than [two hundred fifty] one thousand dollars.
(a) Any employer, employment agency or labor organization which fails to post such notices of statutory provisions as the commission may require pursuant to subsection (13) of section 46a-54, as amended by this act, shall be [subject to a fine of] fined not more than [two LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0011 of 26 R03-SB.docx } Substitute Bill No.
3 hundred fifty] one thousand dollars.
[Any] On and after October 1, 2019, any action brought in accordance with section 46a-100 shall be brought [within two years of the date of filing of the complaint with the commission, except that an action may be brought within six months of October 1, 1991, with respect to an alleged violation provided a complaint concerning such LCO No.
[Any] On and after October 1, 2019, any action brought in accordance with section 46a-100 shall be brought [within two years of the date of filing of the complaint with the commission, except that an action may be brought within six months of October 1, 1991, with respect to an alleged violation provided a complaint concerning such violation has been pending with the commission for more than one year as of October 1, 1991, unless the complaint has been scheduled for a hearing] not later than two years after the date of release from the commission.
6271 12 of 28 Committee Bill No.3 violation has been pending with the commission for more than one year as of October 1, 1991, unless the complaint has been scheduled for a hearing] not later than two years after the date of release from the commission.
The court may grant a complainant in an action brought in accordance with section 46a-100 such legal and equitable relief which it deems appropriate including, but not limited to, temporary or permanent injunctive relief, punitive damages, attorney's fees and court costs.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0012 of 26 R03-SB.docx } Substitute Bill No.
3 The court may grant a complainant in an action brought in accordance with section 46a-100 such legal and equitable relief which it deems appropriate including, but not limited to, temporary or permanent injunctive relief, punitive damages, attorney's fees and court costs.
(1) "Administrator" has the same meaning as provided in section 10- LCO No.
(1) "Administrator" has the same meaning as provided in section 10- 144e of the general statutes;
6271 13 of 28 Committee Bill No.3 144e of the general statutes;
(3) "Sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60 of the general statutes, as amended by this act;
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0013 of 26 R03-SB.docx } Substitute Bill No.
3 (3) "Sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60 of the general statutes, as amended by this act;
(NEW) (c) The executive director, through the supervising attorney, may, within available appropriations, assign a commission legal counsel to bring a civil action, in accordance with this subsection, in lieu of an administrative hearing pursuant to section 46a-84, as amended by this act, when the executive director determines that a civil action is in the public interest and if the parties to the administrative hearing mutually agree, in writing, to the bringing of such civil action by commission legal counsel.
(NEW) (c) The executive director, through the supervising attorney, may, within available appropriations, assign a commission legal counsel to bring a civil action concerning an alleged discriminatory practice, in accordance with this subsection, in lieu of an administrative hearing pursuant to section 46a-84, as amended by this act, when the executive director determines that a civil action is in the public interest and if the parties to the administrative hearing mutually agree, in writing, to the bringing of such civil action by commission legal counsel.
Such civil action may be served by certified mail and shall not be subject to the LCO No.
Such civil action may be served by certified mail and shall not be subject to the provisions of section 46a-100, 46a- 101, as amended by this act, or 46a-102, as amended by this act.
6271 14 of 28 Committee Bill No.3 provisions of section 46a-100, 46a-101, as amended by this act, or 46a- 102, as amended by this act.
If the commission legal counsel determines that the interests of the state will not be adversely affected, the complainant or attorney for the complainant shall present all or part of the case in support of the complaint.
If the commission legal counsel determines LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0014 of 26 R03-SB.docx } Substitute Bill No.
The court may grant any relief available under section 46a- 104, as amended by this act.
3 that the interests of the state will not be adversely affected, the complainant or attorney for the complainant shall present all or part of the case in support of the complaint.
The court may grant any relief available under section 46a-104, as amended by this act.
(b) Upon (1) certification of a complaint filed pursuant to subsection (a) or (b) of section 46a-82, (2) the filing of a complaint pursuant to subsection (c) of said section, or (3) a decision to hear a complaint, which is made pursuant to subsection (e) of section 46a-83, the Chief Human Rights Referee shall appoint a human rights referee to act as a LCO No.
(b) Upon (1) certification of a complaint filed pursuant to subsection (a) or (b) of section 46a-82, (2) the filing of a complaint pursuant to subsection (c) of said section, or (3) a decision to hear a complaint, which is made pursuant to subsection (e) of section 46a-83, the Chief Human Rights Referee shall appoint a human rights referee to act as a presiding officer to hear the complaint.
6271 15 of 28 Committee Bill No.3 presiding officer to hear the complaint.
A hearing on a complaint filed pursuant to subsection (a) or (b) of section 46a-82 shall be commenced by convening a hearing conference not later than forty-five days after the certification of the complaint.
A hearing on a complaint filed pursuant to LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00015 of 26 R03-SB.docx } Substitute Bill No.
3 subsection (a) or (b) of section 46a-82 shall be commenced by convening a hearing conference not later than forty-five days after the certification of the complaint.
If the Attorney General or the commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause on a complaint filed pursuant to subsection (a) or (b) of section 46a-82, or the commission legal counsel determines that a complaint to be heard pursuant to subsection (e) of section 46a-83, should be further investigated, the Attorney General or the commission legal counsel may withdraw the certification of the complaint or the decision to hear LCO No.
If the Attorney General or the commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause on a complaint filed pursuant to subsection (a) or (b) of section 46a-82, or the commission legal counsel determines that a complaint to be heard pursuant to subsection (e) of section 46a-83, should be further investigated, the Attorney General or the commission legal counsel may withdraw the certification of the complaint or the decision to hear the complaint and remand the file to the investigator for further action.
6271 16 of 28 Committee Bill No.3 the complaint and remand the file to the investigator for further action.
(e) A human rights referee or attorney who volunteers service pursuant to subdivision (18) of section 46a-54, as amended by this act, may supervise settlement endeavors.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0016 of 26 R03-SB.docx } Substitute Bill No.
3 (e) A human rights referee or attorney who volunteers service pursuant to subdivision (18) of section 46a-54, as amended by this act, may supervise settlement endeavors.
The commission or the complainant may petition the Superior Court for enforcement of LCO No.
The commission or the complainant may petition the Superior Court for enforcement of any such order for relief pursuant to section 46a-95.
6271 17 of 28 Committee Bill No.3 any such order for relief pursuant to section 46a-95.
The presiding officer may order a party to produce such records, papers and documents, and if a party fails to comply with such order within thirty days of the date of such order, the presiding officer may issue a nonmonetary order that the presiding officer deems just and appropriate, including, but not limited to, an order (1) finding that the matters that are the subject of the order are established in accordance with the claim of the party requesting such order, (2) prohibiting the party who has failed to comply with such order from introducing designated matters into evidence, (3) limiting the participation of the noncomplying party with regard to issues or facts relating to the order, and (4) drawing an adverse inference against the noncomplying party.
The LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0017 of 26 R03-SB.docx } Substitute Bill No.
3 presiding officer may order a party to produce such records, papers and documents, and if a party fails to comply with such order within thirty days of the date of such order, the presiding officer may issue a nonmonetary order that the presiding officer deems just and appropriate, including, but not limited to, an order (1) finding that the matters that are the subject of the order are established in accordance with the claim of the party requesting such order, (2) prohibiting the party who has failed to comply with such order from introducing designated matters into evidence, (3) limiting the participation of the noncomplying party with regard to issues or facts relating to the order, and (4) drawing an adverse inference against the noncomplying party.
The Chief Human Rights Referee may request the LCO No.
The Chief Human Rights Referee may request the appointment of a magistrate whenever the total number of complaints pending in the commission's office of public hearings exceeds one hundred.
6271 18 of 28 Committee Bill No.3 appointment of a magistrate whenever the total number of complaints pending in the commission's office of public hearings exceeds one hundred.
and (2) "victim" includes an alleged victim.
and (2) "victim" includes an alleged LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0018 of 26 R03-SB.docx } Substitute Bill No.
3 victim.
(e) Before admitting evidence pursuant to subsection (c) of this section, the court shall conduct an in camera hearing and give the LCO No.
(e) Before admitting evidence pursuant to subsection (c) of this section, the court shall conduct an in camera hearing and give the parties and the victim the right to attend such hearing and be heard.
6271 19 of 28 Committee Bill No.
3 parties and the victim the right to attend such hearing and be heard.
Section 52-557d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019,):
Section 52-577d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019, and applicable to any cause of action arising from an incident committed on or after said date):
(a) Notwithstanding the provisions of section 52-577, [no] an action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault arising may be brought under this subsection by such person [later than thirty years from the date such person attains the age of majority] at any time if the action arises from an incident:
Notwithstanding the provisions of section 52-577, no action to recover damages for personal injury to a [minor] person under twenty- one years of age, including emotional distress, caused by sexual abuse, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-000019 of 26 R03-SB.docx } Substitute Bill No.
(1) Occurring on or after October 1, 2019, or (2) that occurred prior to October 1, 2019, and the statute of limitations applicable to such action had not expired on September 30, 2019.
3 sexual exploitation or sexual assault may be brought by such person later than [thirty years from the date such person attains the age of majority] thirty-five years from the date that such person attains the age of twenty-one.
(b) Notwithstanding the provisions of section 52-577, an action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault that could not be brought on or before September 30, 2019, because such action would not be within the applicable statute of limitations, may be brought on or before December 31, 2021.
(NEW) (Effective October 1, 2019, and applicable to any cause of action arising from an incident committed on or after said date):
(NEW) (Effective October 1, 2019, and applicable to any cause of action arising from an incident committed on or after said date) Notwithstanding the provisions of section 52-577 of the general statutes, no action to recover damages for personal injury to a person twenty-one years of age or older, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person later than five years from the date of the act complained of.
(a) As used in this section:
(1) "Sexual assault" means (A) compelling another person to engage in sexual intercourse by the (i) use of force against such other person or a third person, or (ii) threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury to such person or a third person, or (B) engaging in sexual intercourse with another person who was made mentally incapacitated by the actor to the extent that such other person is unable LCO No.
6271 20 of 28 Committee Bill No.3 to consent to such sexual intercourse.
(2) "Actor" means the person who is alleged to have committed the sexual assault.
(3) "Sexual intercourse" means vaginal intercourse, anal intercourse, fellatio or cunnilingus between persons regardless of sex.
Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio and does not require emission of semen.
Penetration may be committed by an object manipulated by the actor into the genital or anal opening of another person's body.
(4) "Mentally incapacitated" has the same meaning as provided in section 53a-65 of the general statutes.
(5) "Use of force" has the same meaning as provided in section 53a- 65 of the general statutes.
(b) Notwithstanding the provisions of sections 52-577 and 52-577d of the general statutes, as amended by this act, a person may bring an action to recover damages for personal injury caused by sexual assault at any time after the date of the act complained of.
LCO No.
(b) Sexual assault in the third degree is a class D felony or, if the victim of the offense is under sixteen years of age, a class C felony.
6271 21 of 28 Committee Bill No.3 (b) Sexual assault in the third degree is a class D felony or, if the victim of the offense is under sixteen years of age, a class C felony.
(1) Such person subjects another person to sexual contact who is (A) under thirteen years of age and the actor is more than two years older than such other person, or (B) thirteen years of age or older but under fifteen years of age and the actor is more than three years older than such other person, or (C) [mentally incapacitated or] impaired because of mental disability or disease to the extent that such other person is unable to consent to such sexual contact, or (D) physically helpless, or (E) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (F) in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person;
(1) Such person subjects another person to sexual contact who is (A) under LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0020 of 26 R03-SB.docx } Substitute Bill No.
3 thirteen years of age and the actor is more than two years older than such other person, or (B) thirteen years of age or older but under fifteen years of age and the actor is more than three years older than such other person, or (C) [mentally incapacitated or] impaired because of mental disability or disease to the extent that such other person is unable to consent to such sexual contact, or (D) physically helpless, or (E) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (F) in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person;
or (7) such person is a coach in an athletic activity or LCO No.
or (7) such person is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects another person to sexual contact who is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age;
6271 22 of 28 Committee Bill No.3 a person who provides intensive, ongoing instruction and subjects another person to sexual contact who is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age;
or (8) such person subjects another person to sexual contact and (A) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0021 of 26 R03-SB.docx } Substitute Bill No.
or (8) such person subjects another person to sexual contact and (A) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and (B) such other person is under eighteen years of age;
3 occupational or volunteer status and such other person's participation in a program or activity, and (B) such other person is under eighteen years of age;
(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 subdivision (2) of subsection (a) of section 53-21, section 53a-54d or 53a-169, a class B felony violation of section 53a-70 or 53a-70a, a class C felony violation of section 53a-71 or 53a-72b or a violation of section 53a-70b or 53a-86, (2) a violation of section 53a-165aa or 53a-166 in which such person renders criminal assistance to another person who LCO No.
(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 subdivision (2) of subsection (a) of section 53-21, section 53a-54d or 53a-169, a class B felony violation of section 53a-70 or 53a-70a, a class C felony violation of section 53a-71 or 53a-72b or a violation of section 53a-70b or 53a-86, (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.
6271 23 of 28 Committee Bill No.3 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.
(b) No person may be prosecuted for a class D felony offense of LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-000022 of 26 R03-SB.docx } Substitute Bill No.
(b) No person may be prosecuted for a class D felony offense of section 53a-72a, as amended by this act, except within twenty-five years next after the offense has been committed.
3 section 53a-72a, as amended by this act, except within twenty-five years next after the offense has been committed.
[(c) No] (d) (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) or (c) of this section, except within one year next after the offense has been committed.
[(c)] (d) No person may be prosecuted for any offense, other than an offense set forth in subsection (a), [or] (b) or (c) 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, as amended by this act, except within five years next after the offense has been committed.
Section 54-193a of the general statutes is repealed and the LCO No.
Section 54-193a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019, and applicable to any offense committed on or after October 1, 2019, and to any offense committed prior to October 1, 2019, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2019):
6271 24 of 28 Committee Bill No.3 following is substituted in lieu thereof (Effective October 1, 2019, and applicable to any offense committed on or after October 1, 2019, and to any offense committed prior to October 1, 2019, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2019):
(a) Notwithstanding the provisions of section 54-193, as amended by this act, [no person may be prosecuted for any offense, except a class A felony,] there shall be no limitation of time within which a person may be prosecuted for any offense involving sexual abuse, sexual exploitation or sexual assault of a minor.
Notwithstanding the provisions of section 54-193, as amended by this act, [no person may be prosecuted for any offense, except a class A felony,] there shall be no limitation of time within which a person may be prosecuted for any offense involving sexual abuse, sexual exploitation or sexual assault of a minor.
[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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-000023 of 26 R03-SB.docx } Substitute Bill No.
[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.
3 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.] (b) Except as provided in subsection (a) of section 54-193, as amended by this act, no person may be prosecuted for any offense involving sexual abuse, sexual exploitation or sexual assault of a victim who was at the time of the offense, eighteen, nineteen or twenty years of age, except within thirty-five years next after the offense.
Sec.
(2) "Criminal offense against a victim who is a minor" means (A) a violation of 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, subdivision (2) of subsection (a) of section 53a-70, subdivision (1), (4), (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of section 53a-71, subdivision [(2)] (3) of subsection (a) of section 53a-72a, as amended by this act, subdivision (2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a) of section 53a-87, section 53a-90a, 53a-196a, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f, (B) a violation of subparagraph (A) of subdivision (9) of subsection (a) of section 53a-71 or section 53a-92, 53a-92a, 53a-94, 53a- 94a, 53a-95, 53a-96 or 53a-186, provided the court makes a finding that, LCO No.
(2) "Criminal offense against a victim who is a minor" means (A) a violation of 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, subdivision (2) of subsection (a) of section 53a-70, subdivision (1), (4), (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of section 53a-71, subdivision [(2)] (3) of subsection (a) of section 53a-72a, as amended by this act, subdivision (2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a) of section 53a-87, section 53a-90a, 53a-196a, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f, (B) a violation of subparagraph (A) of subdivision (9) of subsection (a) of section 53a-71 or section 53a-92, 53a-92a, 53a-94, 53a- 94a, 53a-95, 53a-96 or 53a-186, provided the court makes a finding that, at the time of the offense, the victim was under eighteen years of age, (C) a violation of any of the offenses specified in subparagraph (A) or (B) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (D) a violation of any predecessor statute to any offense specified in subparagraph (A), (B) or (C) of this subdivision the essential elements of which are substantially the same as said offense.
6271 25 of 28 Committee Bill No.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00024 of 26 R03-SB.docx } Substitute Bill No.
3 at the time of the offense, the victim was under eighteen years of age, (C) a violation of any of the offenses specified in subparagraph (A) or (B) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (D) a violation of any predecessor statute to any offense specified in subparagraph (A), (B) or (C) of this subdivision the essential elements of which are substantially the same as said offense.
3 Sec.
Sec.
3 October 1, 2019 46a-56(a) Sec.
3 July 1, 2019 46a-56(a) Sec.
18 October 1, 2019 New section LCO No.
18 October 1, 2019 New section Sec.
6271 26 of 28 Committee Bill No.
19 October 1, 2019, and 52-577d applicable to any cause of action arising from an incident committed on or after said date Sec.
20 October 1, 2019, and New section applicable Sec.
21 October 1, 2019 53a-72a October 1, 2019 Sec.
22 53a-73a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00003- 25 of 26 R03-SB.docx } Substitute Bill No.
19 October 1, 2019, 52-557d Sec.
20 October 1, 2019, and New section applicable to any cause of action arising from an incident committed on or after said date Sec.
21 October 1, 2019 53a-72a Sec.
22 October 1, 2019 53a-73a Sec.
26 October 1, 2019 12-660(c) Statement of Purpose:
26 October 1, 2019 12-660(c) JUD Joint Favorable Subst.
To:
APP Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00003- 26 of 26 R03-SB.docx }
(1) Enhance employer-sponsored training on sexual harassment, (2) extend the statute of limitations applicable to certain personal injury actions involving sexual abuse, sexual exploitation and sexual assault, (3) increase penalties for sexually assaulting a mentally incapacitated person, and (4) eliminate or extend the statute of limitations for the LCO No.
6271 27 of 28 Committee Bill No.
3 prosecution of sexual assault crimes and certain risk of injury to children offenses.
[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.] Co-Sponsors:
SEN.
LOONEY, 11th Dist.;
SEN.
DUFF, 25th Dist.
SEN.
WINFIELD, 10th Dist.;
SEN.
ABRAMS, 13th Dist.
SEN.
BERGSTEIN, 36th Dist.;
SEN.
BRADLEY, 23rd Dist.
SEN.
CASSANO, 4th Dist.;
SEN.
COHEN, 12th Dist.
SEN.
FLEXER, 29th Dist.;
SEN.
FONFARA, 1st Dist.
SEN.
HARTLEY, 15th Dist.;
SEN.
HASKELL, 26th Dist.
SEN.
KUSHNER, 24th Dist.;
SEN.
LEONE, 27th Dist.
SEN.
LESSER, 9th Dist.;
SEN.
MARONEY, 14th Dist.
SEN.
MOORE, 22nd Dist.;
SEN.
NEEDLEMAN, 33rd Dist.
SEN.
OSTEN, 19th Dist.;
REP.
PHIPPS, 100th Dist.
REP.
CONLEY, 40th Dist.;
REP.
GILCHREST, 18th Dist.
REP.
ELLIOTT, 88th Dist.;
REP.
WINKLER, 56th Dist.
REP.
HUGHES, 135th Dist.;
SEN.
ANWAR AS, 3rd Dist.
S.B.
3 LCO No.
6271 28 of 28
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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 19-16

  5. IN CONCURRENCE

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

  7. HOUSE REJECTED HOUSE AMEND. SCH. A

  8. HOUSE ADOPTED SEN. AMEND. SCH. A

  9. HOUSE CALENDAR NUMBER 613

  10. FAV. RPT., TABLED FOR HOUSE CALENDER

  11. SEN. PASSED, SEN. AMEND. SCH. A

  12. SEN. ADOPTED SEN. AMEND. SCH. A

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

  14. NO NEW FILE BY COMM. ON Appropriations

  15. RPTD. OUT OF LCO

  16. FILED WITH LCO

  17. Joint Favorable

  18. REF. BY SEN. TO COMM. ON Appropriations

  19. FILE NO. 852

  20. SENATE CALENDAR NUMBER 448

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

  22. RPTD. OUT OF LCO

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

  24. FILED WITH LCO

  25. Joint Favorable Substitute

  26. PUBLIC HEARING 0401

  27. REF. TO JOINT COMM. ON Judiciary

  28. DRAFTED BY COMMITTEE

  29. Vote to Draft

  30. REF. TO JOINT COMM. ON Judiciary

Sponsors

  • Gary A. Winfield · Primary
  • Derek Slap · Primary
  • Patrick S. Boyd · Primary
  • David Michel · Primary
  • Dennis A. Bradley · Primary
  • Devin R. Carney · Primary
  • Mary Daugherty Abrams · Primary
  • Steve Cassano · Primary
  • Anne Meiman Hughes · Primary
  • Christine Palm · Primary
  • Joe Verrengia · Primary
  • Christine Conley · Primary
  • Jillian Gilchrest · Primary
  • Matt Blumenthal · Primary
  • Josh Elliott · Primary
  • Will Haskell · Primary
  • John H. Frey · Primary
  • Michael A. Winkler · Primary
  • Liz Linehan · Primary
  • Noreen S. Kokoruda · Primary
  • Emil "Buddy" Altobello · Primary
  • Quentin W. Phipps · Primary
  • Dorinda Borer · Primary
  • Hilda E. Santiago · Primary
  • Alexandra Bergstein · Primary
  • Bob Godfrey · Primary
  • Philip L. Young · Primary
  • Jesse MacLachlan · Primary
  • Henry J. Genga · Primary
  • Livvy R. Floren · Primary
  • Gary A. Turco · Primary
  • Tom Delnicki · Primary
  • Saud Anwar · Primary
  • Jason Perillo · Primary
  • Mae Flexer · Primary
  • Julie Kushner · Primary
  • John W. Fonfara · Primary
  • James J. Maroney · Primary
  • Norman Needleman · Primary
  • Martin M. Looney · Primary
  • Chris Perone · Primary
  • Carlo Leone · Primary
  • Caroline Simmons · Primary
  • Marilyn Moore · Primary
  • John K. Hampton · Primary
  • Matthew L. Lesser · Primary
  • Bob Duff · Primary
  • John A. Kissel · Primary
  • Joan V. Hartley · Primary
  • Catherine A. Osten · Primary
  • Christine Cohen · Primary

Sponsorship breakdown

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51 sponsors · 0 co-sponsors · 136 not signed on

Sponsors (51)

Co-sponsors (0)

None.

Not signed on (136)

136 members have not signed on to this bill.

Show all 136 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights labor
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Frequently asked questions

Who sponsors SB 3?
SB 3 is sponsored by Gary A. Winfield (Democratic), Derek Slap (Democratic), Boyd, Patrick S., Michel, David, Bradley, Dennis A., Carney, Devin R., Daugherty Abrams, Mary, Cassano, Steve, Hughes, Anne Meiman, Palm, Christine, Verrengia, Joe, Conley, Christine, Gilchrest, Jillian, Blumenthal, Matt, Elliott, Josh, Haskell, Will, Frey, John H., Winkler, Michael A., Linehan, Liz, Kokoruda, Noreen S., Altobello, Emil "Buddy", Phipps, Quentin W., Borer, Dorinda, Santiago, Hilda E., Bergstein, Alexandra, Godfrey, Bob, Young, Philip L., MacLachlan, Jesse, Genga, Henry J., Floren, Livvy R., Turco, Gary A., Delnicki, Tom, Saud Anwar (Democratic), Jason Perillo (Republican), Mae Flexer (Democratic), Julie Kushner (Democratic), John W. Fonfara (Democratic), James J. Maroney (Democratic), Norman Needleman (Democratic), Martin M. Looney (Democratic), Perone, Chris, Leone, Carlo, Simmons, Caroline, Marilyn Moore, Hampton, John K., Matthew L. Lesser (Democratic), Bob Duff (Democratic), John A. Kissel (Republican), Joan V. Hartley (Democratic), Catherine A. Osten (Democratic), and Christine Cohen (Democratic).
What is the current status of SB 3?
This bill has been enacted into law. Introduced January 09, 2019. Enacted.
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