Bill Text: CT HB05529 | 2016 | General Assembly | Introduced
Bill Title: An Act Concerning Sexual Offender Registration Laws, Residency Restrictions For Registered Sexual Offenders.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-03-18 - Public Hearing 03/23 [HB05529 Detail]
Download: Connecticut-2016-HB05529-Introduced.html
General Assembly |
Raised Bill No. 5529 | ||
February Session, 2016 |
LCO No. 2184 | ||
*02184_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING SEXUAL OFFENDER REGISTRATION LAWS, RESIDENCY RESTRICTIONS FOR REGISTERED SEXUAL OFFENDERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-250 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
For the purposes of sections 54-102g, as amended by this act, and 54-250 to 54-258a, inclusive, as amended by this act, and sections 2, 3, 4, 7 and 8 of this act:
(1) "Conviction" means a judgment entered by the Superior Court, a court of any other state, a federal or military court or a court of a foreign country or an Indian tribunal upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment or an adjudication as a delinquent juvenile, as provided in Section 111(8) of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, by a court of any other state or a foreign country.
[(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) of subsection (a) of section 53a-72a, 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.]
[(3)] (2) "Identifying factors" means fingerprints and palm prints, a photographic image, and a description or photographic image of any other identifying characteristics including, but not limited to, scars, marks or tattoos, as may be required by the Commissioner of Emergency Services and Public Protection. The commissioner shall also require a sample of the registrant's blood or other biological sample be taken for DNA (deoxyribonucleic acid) analysis, unless such sample has been previously obtained in accordance with section 54-102g, as amended by this act.
[(4) "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
(5) "Nonviolent sexual offense" means (A) a violation of section 53a-73a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a, or (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49.]
[(6)] (3) "Not guilty by reason of mental disease or defect" means a finding by a court or jury of not guilty by reason of mental disease or defect pursuant to section 53a-13 notwithstanding any pending appeal or habeas corpus proceeding arising from such finding.
[(7) "Personality disorder" means a condition as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.]
[(8)] (4) "Registrant" or "registered sexual offender" means a person required to register under section [54-251, 54-252,] 54-253, as amended by this act, or section 54-254, as amended by this act, or section 2, 3 or 4 of this act.
[(9)] (5) "Registry" means a central record system and notification program in this state, any other state or the federal government that receives, maintains and disseminates information on [persons convicted or found not guilty by reason of mental disease or defect of criminal offenses against victims who are minors, nonviolent sexual offenses, sexually violent offenses and felonies found by the sentencing court to have been committed for a sexual purpose] registered sexual offenders.
[(10)] (6) "Release into the community" means, with respect to a conviction or a finding of not guilty by reason of mental disease or defect of a [criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense] tier one offense, tier two offense, tier three offense or [a] felony found by the sentencing court to have been committed for a sexual purpose, (A) any release on the predicate offense or a subsequent offense not requiring registration by a court after such conviction or finding of not guilty by reason of mental disease or defect, a sentence of probation or any other sentence under section 53a-28 that does not result in the offender's immediate placement in the custody of the Commissioner of Correction; (B) release on the predicate offense or a subsequent offense not requiring registration from a correctional facility at the discretion of the Board of Pardons and Paroles, by the Department of Correction to a program authorized by section 18-100c or upon completion of the maximum term or terms of the offender's sentence or sentences, or to the supervision of the Court Support Services Division in accordance with the terms of the offender's sentence; or (C) temporary leave to an approved residence by the Psychiatric Security Review Board pursuant to section 17a-587, conditional release on the predicate offense or a subsequent offense not requiring registration from a hospital for mental illness or a facility for persons with intellectual disability by the Psychiatric Security Review Board pursuant to section 17a-588, or release on the predicate offense or a subsequent offense not requiring registration upon termination of commitment to the Psychiatric Security Review Board.
[(11) "Sexually violent offense" means (A) a violation of section 53a-70, except subdivision (2) of subsection (a) of said section, 53a-70a, 53a-70b, 53a-71, except subdivision (1), (4), (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of said section or subparagraph (A) of subdivision (9) of subsection (a) of said section if the court makes a finding that, at the time of the offense, the victim was under eighteen years of age, 53a-72a, except subdivision (2) of subsection (a) of said section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court makes a finding that the offense was committed with intent to sexually violate or abuse the victim, (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a violation of any predecessor statute to any of the offenses specified in subparagraph (A) or (B) of this subdivision the essential elements of which are substantially the same as said offense.]
[(12)] (7) "Sexual purpose" means that a purpose of the defendant in committing the felony was to engage in sexual contact or sexual intercourse with another person without that person's consent. A sexual purpose need not be the sole purpose of the commission of the felony. The sexual purpose may arise at any time in the course of the commission of the felony.
[(13)] (8) "Employed" or "carries on a vocation" means employment that is full-time or part-time, [for more than fourteen days, or for a total period of time of more than thirty days during any calendar year,] whether financially compensated, volunteered or for the purpose of government or educational benefit, and includes being self-employed.
[(14)] (9) "Student" means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher learning.
(10) "Tier one offense" means (A) a violation of section 53a-73a if the victim is eighteen years of age or older at the time of the offense, section 13 of this act, subdivision (2) of subsection (a) of section 53a-189a or section 53a-196d, 53a-196e or 53a-196f, (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a violation of any predecessor statute to any offense specified in subparagraph (A) or (B) of this subdivision, the essential elements of which are substantially the same as such offense.
(11) "Tier two offense" means (A) a violation of subdivision (2) of section 53-21 in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21 in effect prior to October 1, 2016, section 16 of this act, section 53a-73a if the victim was thirteen years of age or older but under eighteen years of age at the time of the offense or section 53a-90a, (B) a violation of section 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95 or 53a-96 if the victim was under eighteen years of age at the time of the offense, (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 such offense.
(12) "Tier three offense" means (A) a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, section 53a-73a if the victim was under thirteen years of age at the time of the offense, section 15 of this act, subdivision (2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a) of section 53a-87 or section 53a-196a, 53a-196b or 53a-196c, (B) a violation of section 53a-92 or 53a-92a, provided the court makes a finding that the offense was committed with intent to sexually violate or abuse the victim, (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 of the offenses specified in subparagraph (A), (B) or (C) of this subdivision, the essential elements of which are substantially the same as such offense.
(13) "Transient" means a person who has no residence.
(14) "Transient locations" means locations where a transient registrant habitually lives, eats, works, frequents, engages in leisure activities, stations himself or herself during the day or sleeps at night within a specific town or city.
(15) "Residence" means a place where a person is living or staying including a temporary residence or lodging, a person's home or a place where a person habitually lives or sleeps such as a homeless, emergency or other shelter, or a structure that can be located by a street address including, but not limited to, a house, apartment building, motel, hotel, homeless shelter, recreational or other vehicle and vessel, not limited by the length of stay at that residence.
(16) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other territory of the United States, and, to the extent provided by and subject to the requirements of Section 127 of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, any federally recognized Indian tribe.
(17) "Foreign country" means a foreign country where sexual offense convictions are deemed to have been obtained with sufficient safeguards for fundamental fairness and due process including, but not limited to, Canada, Great Britain, Australia and New Zealand.
Sec. 2. (NEW) (Effective October 1, 2016) (a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a tier one offense and is released into the community shall, not later than three days following such release, or, if such person is in the custody of the Commissioner of Correction at such time prior to release as the commissioner shall direct, register with the Commissioner of Emergency Services and Public Protection in accordance with section 7 of this act and shall maintain such registration for fifteen years, except that any person previously convicted of any such offense shall maintain such registration for life.
(b) Prior to accepting a plea of guilty or nolo contendere from a person with respect to a tier one offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea.
(c) Any person who has been convicted or found not guilty by reason of mental disease or defect of a tier one offense and who is subject to the registration requirements of section 54-251 of the general statutes, revised to January 1, 2015, shall, not later than three business days after October 1, 2016, register under this section and maintain such registration for a period of fifteen years from the date of such person's initial registration under public act 98-111 or any predecessor statute, and shall comply with the provisions of section 7 of this act and section 54-102g of the general statutes, as amended by this act.
(d) Notwithstanding the provisions of subsection (a) or (c) of this section, such person shall maintain such registration for ten years if such person has during such ten-year period (1) complied with registry requirements and kept all required information current, (2) not been convicted of any offense for which imprisonment for more than one year may be imposed, (3) not been convicted of another sexual offense, (4) successfully completed, without revocation, any period of probation or parole, and (5) successfully completed an appropriate sexual offender treatment program certified by the state.
(e) Any person who violates the provisions of subsection (a) or (c) of this section shall be guilty of a class D felony.
Sec. 3. (NEW) (Effective October 1, 2016) (a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a tier two offense and is released into the community shall, not later than three days following such release, or, if such person is in the custody of the Commissioner of Correction at such time prior to release as the commissioner shall direct, register with the Commissioner of Emergency Services and Public Protection in accordance with section 7 of this act and shall maintain such registration for twenty-five years, except that any person previously convicted of any such offense shall maintain such registration for life.
(b) Prior to accepting a plea of guilty or nolo contendere from a person with respect to a tier two offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea.
(c) Any person who has been convicted or found not guilty by reason of mental disease or defect of a tier two offense and who is subject to the registration requirements of section 54-251 of the general statutes, revised to January 1, 2015, shall, not later than three business days after October 1, 2016, register under this section and maintain such registration for a period of twenty-five years from the date of such person's initial registration under public act 98-111 or any predecessor statute, except that any person previously convicted of any such offense shall maintain such registration for life, and shall comply with the provisions of section 7 of this act and section 54-102g of the general statutes, as amended by this act.
(d) Any person who has been convicted or found not guilty by reason of mental disease or defect of a tier two offense and who has been subject to the registration requirements of section 54-102r of the general statutes, revised to January 1, 1997, as amended by section 1 of public act 97-183, shall, not later than three business days after October 1, 2016, register under this section and comply with the provisions of section 7 of this act and section 54-102g of the general statutes, as amended by this act, for a period of twenty-five years from the date of such person's initial registration under public act 97-183 or any predecessor statute, except that any person previously convicted of any such offense shall maintain such registration for life, and shall comply with the provisions of section 7 of this act and section 54-102g of the general statutes, as amended by this act.
(e) Any person who violates the provisions of subsection (a), (c) or (d) of this section shall be guilty of a class D felony.
Sec. 4. (NEW) (Effective October 1, 2016) (a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a tier three offense and is released into the community shall, within three days following such release, or, if such person is in the custody of the Commissioner of Correction at such time prior to release as the commissioner shall direct, register with the Commissioner of Emergency Services and Public Protection in accordance with section 7 of this act and shall maintain such registration for life.
(b) Prior to accepting a plea of guilty or nolo contendere from a person with respect to a tier three offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea.
(c) Any person who has been convicted or found not guilty by reason of mental disease or defect of a tier three offense and who has been subject to the registration requirements of section 54-251 or 54-252 of the general statutes, revised to January 1, 2015, shall, not later than three business days after October 1, 2016, register under this section and shall maintain such registration for life and shall comply with the provisions of section 7 of this act and section 54-102g of the general statutes, as amended by this act.
(d) Any person who has been convicted or found not guilty by reason of mental disease or defect of a tier three offense and who has been subject to the registration requirements of section 54-102r of the general statutes, revised to January 1, 1997, as amended by section 1 of public act 97-183, shall, not later than three business days after October 1, 2016, register under this section and comply with the provisions of section 7 of this act and section 54-102g of the general statutes, as amended by this act.
(e) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who 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 of the general statutes from the registration requirements of this section if the court finds that such person was under nineteen years of age and not more than four years older than the victim at the time of the offense and that registration is not required for public safety.
(f) Any person who files an application with the court to be exempted from the registration requirements of this section pursuant to subsection (e) of this section shall, pursuant to subsection (b) of section 54-227 of the general statutes, as amended by this act, notify the Office of Victim Services and the Victim Services Unit within the Department of Correction of the filing of such application. 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 of the general statutes, as amended by this act, notify any victim who has requested notification of the filing of such application. Prior to granting or denying such application, the court shall consider any information or statement provided by the victim.
(g) Any person who violates the provisions of subsection (a), (c), (d) or (f) of this section shall be guilty of a class D felony.
Sec. 5. Section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Any person who has been convicted or found not guilty by reason of mental disease or defect or adjudicated a delinquent child, who is subject to the provisions of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248 in any other state, in a federal, [or] military or Indian tribal court or in any foreign [jurisdiction] country of any crime (1) the essential elements of which are substantially the same as any of the crimes specified in subdivisions [(2), (5) and (11)] (10), (11) and (12) of section 54-250, as amended by this act, or (2) which requires registration as a sexual offender in such other state, [or] in the federal, [or] military or Indian tribal system or in such foreign country, and who resides in this state on and after October 1, [1998] 2016, shall [, without undue delay upon] provide to the Commissioner of Emergency Services and Public Protection, in writing, not less than forty-eight hours prior to entering the state, such person's name, date of birth and residence address, the state, the federal, military or Indian tribal system or the foreign country where such person is required to register as a sexual offender and the locations where such person is employed or is enrolled as a student, and shall, within three business days of residing in this state, register with the Commissioner of Emergency Services and Public Protection in accordance with section 7 of this act in the same manner as if such person had been convicted or found not guilty by reason of mental disease or defect of such crime in this state, except that the commissioner shall maintain such registration until such person is released from the registration requirement in such other state, federal, [or] military or Indian tribal system or foreign [jurisdiction] country or, if such person is required to register under subdivision (1) of this subsection, shall maintain such registration in the same manner as if such person had been convicted or found not guilty by reason of mental disease or defect of such crime in this state, except for purposes of determining the period of registration under section 2 or 3 of this act, such person shall be deemed to have initially registered on the date of such person's release into the community in such other state, federal, military or tribal system or foreign country.
[(b) If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.]
[(c)] (b) Any person not a resident of this state who is registered or is required to register as a sexual offender under the laws of any other state, the federal, military or Indian tribal system or a foreign country and who is employed in this state, carries on a vocation in this state or is a student in this state, shall [, without undue delay] provide to the Commissioner of Emergency Services and Public Protection, in writing, not less than forty-eight hours prior to entering the state, such person's name, date of birth and residence address, the state, the federal, military or Indian tribal system or the foreign country where such person is required to register as a sexual offender and the locations where such person is employed, carries on a vocation or is enrolled as a student, and shall, not later than three business days after the commencement of such employment, vocation or education in this state, [register such person's name, identifying factors and criminal history record, locations visited on a recurring basis, and such person's residence address, if any, in this state, residence address in such person's home state and electronic mail address, instant message address or other similar Internet communication identifier, if any,] appear in person at the Department of Emergency Services and Public Protection or a location designated by the department and register with the Commissioner of Emergency Services and Public Protection [on such forms and in such locations as said commissioner shall direct] in accordance with section 7 of this act and shall maintain such registration until such employment, vocation or education terminates or until such person is released from registration as a sexual offender in such other state, federal, military or Indian tribal system or foreign country. If such person terminates such person's employment, vocation or education in this state, [changes such person's address in this state or establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier] such person shall, [without undue delay, notify] not later than three business days after such termination, appear in person at the Department of Emergency Services and Public Protection or at a location designated by the department and notify the Commissioner of Emergency Services and Public Protection in writing of such termination. [, new address or identifier.]
[(d)] (c) Any person not a resident of this state who is registered or is required to be registered as a sexual offender under the laws of any other state, the federal, military or Indian tribal system or a foreign country and who [travels in this state on a recurring basis for periods of less than five days shall notify the Commissioner of Emergency Services and Public Protection of such person's temporary residence in this state and of a telephone number at which such person may be contacted] will be entering and remaining in this state for a period of less than five days shall notify the Commissioner of Emergency Services and Public Protection in writing not less than forty-eight hours prior to entering the state of such person's name, date of birth and temporary residence address in this state, the state, the federal, military or Indian tribal system or the foreign country where such person is required to register as a sexual offender, the nature of such person's stay in this state, the locations where such person will be while in this state, a telephone number at which such person may be contacted and the dates such person will be in this state and the date such person will be leaving. Any person not a resident of this state who enters this state under the provisions of this subsection and who remains in this state for five or more days shall register with the Commissioner of Emergency Services and Public Protection in the same manner as provided in subsection (a) of this section and shall do so not later than three business days after the fifth day such person has remained in this state after entry.
(d) Any person who is a registered sexual offender under the laws of any other state who enters this state and fails to notify the Commissioner of Emergency Services and Public Protection in writing not less than forty-eight hours prior to entering the state of the information required under this section or falsely reports such information shall be guilty of a class D felony.
(e) Any person who violates the provisions of this section shall be guilty of a class D felony. [, except that, if such person violates the provisions of this section by failing to register with the Commissioner of Emergency Services and Public Protection without undue delay or notify the Commissioner of Emergency Services and Public Protection without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.]
Sec. 6. Section 54-254 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in this state on or after October 1, 1998, of any felony that the court finds was committed for a sexual purpose, may be required by the court [upon] not later than three days after release into the community or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct to register [such person's name, identifying factors, criminal history record, residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any,] with the Commissioner of Emergency Services and Public Protection [, on such forms and in such locations as the commissioner shall direct, and to] and maintain such registration for ten years from the date of such person's release into the community, or life, as determined by the court. If the court finds that a person has committed a felony for a sexual purpose and intends to require such person to register under this section, prior to accepting a plea of guilty or nolo contendere from such person with respect to such felony, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. [If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.]
(b) Any person who violates the provisions of this section shall be guilty of a class D felony. [, except that, if such person violates the provisions of this section by failing to notify the Commissioner of Emergency Services and Public Protection without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.]
Sec. 7. (NEW) (Effective October 1, 2016) (a) Any person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, shall, as a requirement of such registration, provide the following information upon initial registration and shall maintain such information by reporting any changes, additions or omissions to such person's registry information by appearing in person at the Department of Emergency Services and Public Protection or at a location designated by the department within three business days of such change:
(1) Such person's name, including legal name changes, any name by which the person has been known, nicknames and pseudonyms including any designations or monikers used for self-identification in Internet communications or other postings. If any person who is subject to registration under this section changes such person's name, including legal name changes, nicknames and pseudonyms including any designations or monikers used for self-identification in Internet communications or other postings, such person shall, within three business days of such change, report in person to the Department of Emergency Services and Public Protection or a location designated by the department and report such change of information in writing.
(2) The current residence address or addresses of such person or, if such person is in the custody of the Commissioner of Correction, the residence address or addresses where such person will reside upon such person's release into the community. If any person who is subject to registration under this section changes such person's address, such person shall, within three business days of such change, report in person to the Department of Emergency Services and Public Protection or a location designated by the department and report such change of address in writing and, if the new address is in another state or foreign country, such person shall also register with an appropriate agency in that state or foreign country. Any registrant who falsely reports a change of address or reports a false address shall be in violation of this section. Any registrant who reports a change of address and then fails to move to such address shall report such failure in person to the Department of Emergency Services and Public Protection or a location designated by the department within three business days or be in violation of this section. Any registrant who is incarcerated in a correctional institution of the Department of Correction or in any other county, state or federal correctional institution shall report such incarceration to the Department of Emergency Services and Public Protection in writing within three business days, and, upon release from such correctional institution, shall report to the Department of Emergency Services and Public Protection or a location designated by the department and report such release within three business days. Any person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, who becomes a transient, shall report such transient status to the Department of Emergency Services and Public Protection not later than three business days after becoming transient by reporting in person to the Department of Emergency Services and Public Protection or at a location designated by the department and shall report such transient status in writing. Such registrant shall sign a statement that, as a transient, such registrant is not residing at a residence. Residing at any such residence shall constitute a change of address and such registrant shall report under this subdivision. Such registrant shall report any transient locations, including the specific town or towns or city or cities in which such registrant is claiming to be a transient. Such transient locations shall be provided with sufficient detail to allow for law enforcement officials to be reasonably able to locate and verify the registrant's presence at such locations. If such transient locations are in another state or foreign country, such person shall also register with an appropriate agency responsible for the registration of sexual offenders in that other state or foreign country. Any person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, who is required to evacuate such registrant's residence due to an emergency situation such as a flood, hurricane, tornado or fire, shall report such evacuation and the temporary residence address such registrant has been relocated to within three business days to the Department of Emergency Services and Public Protection. If such registrant is relocated to an emergency shelter or other public accommodations, such registrant shall notify the management of such shelter or accommodation upon arrival at such shelter or accommodation that such registrant is a registered sexual offender.
(3) The name of such person's employer and any address where such person is employed or carries on a vocation or, if such person is in the custody of the Commissioner of Correction, the name and address of any employer by whom such person will be employed or carries on a vocation upon release from custody. If any person who is subject to registration changes the status of such employment, the address where such person is employed changes or such employment is terminated, such person shall, not later than three business days after such change or termination, report in person to the Department of Emergency Services and Public Protection or a location designated by the department and report such change or termination in writing and, if the new address of such employment is in another state or foreign country, such person shall register with an appropriate agency in that state or foreign country responsible for the registration of sexual offenders.
(4) The name and address of any youth camp, as defined in section 19a-420 of the general statutes, provider of child day care services, as defined in section 19a-77 of the general statutes, youth group or organization, youth athletic association or club, public or private educational institution, including elementary, middle or high school, regional vocational-technical school, charter school, secondary school or trade or professional institution or institution of higher learning in this state where such registrant is employed, carries on a vocation, is a student or is enrolled. If any person who is subject to registration under this section is employed in another state or foreign country, carries on a vocation in another state or foreign country or is a student in another state or foreign country, such person shall notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state or foreign country responsible for the registration of sexual offenders. If any person who is subject to registration changes employment, location of vocation or place of enrollment or if the address of any such place changes, such person shall, not later than three business days after such change, report in person to the Department of Emergency Services and Public Protection or a location designated by the department and report such change in writing and, if the new employment, school or address is in another state or foreign country, such person shall register with an appropriate agency in that state or foreign country.
(b) Any person required to register under section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, shall, within three business days of a change of the information required under subsection (a) of this section, report in person to the Department of Emergency Services and Public Protection or a location designated by the department and report such change of information in writing.
(c) Any person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, shall provide the following information to the Department of Emergency Services and Public Protection upon initial registration and shall maintain such information by reporting any changes to such information to the Department of Emergency Services and Public Protection in writing within three business days of such change:
(1) Such person's date of birth and a copy of such person's birth certificate;
(2) Such person's Social Security number;
(3) Any alias dates of birth or Social Security numbers that such person is using or has used;
(4) Identifying factors;
(5) Such person's criminal history record including any convictions in other states or foreign countries;
(6) The date of such person's conviction, the name and address of the court where such person was convicted and the offense for which such person is required to register;
(7) Telephone or cellular telephone number subscribed to or used by such person;
(8) A copy of such person's Connecticut motor vehicle operator's license or an identity card issued pursuant to section 1-1h of the general statutes;
(9) The name, office location and telephone number of any probation or parole officer in this or any other state;
(10) Travel and immigration documents including, but not limited to, passports, alien registration cards and student or work visas;
(11) Any professional licenses that authorize such person to engage in an occupation or carry on a trade;
(12) Any electronic mail address, instant message address or other similar Internet communication identifier established or used by such person; and
(13) The license plate number and description, including the vehicle identification number, of any vehicles owned, operated or used by such person including, but not limited to, motor vehicles, mobile homes, aircraft and watercraft.
(d) In the event that a registrant fails to notify the Department of Emergency Services and Public Protection of a change of information required under this section or fails to maintain such information, the Department of Emergency Services and Public Protection shall notify the local police department or the state police troop having jurisdiction over the registrant's last reported address, and that agency shall apply for a warrant to be issued for the registrant's arrest under this section. The Department of Emergency Services and Public Protection shall not be required to update such information on any registrant whose last reported address was outside this state.
(e) Any person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, shall obtain a motor vehicle operator's license, renew such a license or obtain an identity card issued by the Department of Motor Vehicles prior to registration and shall maintain such license or card for the period such person is required to be registered. Such person shall report to the Department of Motor Vehicles that such person is required to comply with this section, shall provide all information required by said department and shall obtain a current photograph for use on such license or card and for use by the Department of Emergency Services and Public Protection in maintaining a current record of registration.
(f) Except as provided in subsection (c) of this section, the Department of Emergency Services and Public Protection shall verify the address of each registrant by mailing a nonforwardable verification form by first class mail to the registrant at the registrant's last reported address. If mail is not delivered to a registrant's residential address due to postal restrictions, the Commissioner of Emergency Services and Public Protection may develop and implement procedures to verify the addresses of such registrants. Such verification form shall require the registrant to sign a statement that the registrant continues to reside at the registrant's last reported address and to return the form by mail, or as directed by the Department of Emergency Services and Public Protection, by a date which is not more than ten days after the date such form was mailed to the registrant. The form shall contain a statement that failing to return the form or providing false information is a violation of this section. Each person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, shall have such person's address verified in such manner every ninety days after such person's initial registration date. In the event that a registrant fails to return the address verification form, the Department of Emergency Services and Public Protection shall notify the local police department or the state police troop having jurisdiction over the registrant's last reported address, and that agency shall apply for a warrant to be issued for the registrant's arrest under this section. The Department of Emergency Services and Public Protection shall not verify the address of registrants whose last reported address was outside this state.
(g) Except as provided in subsection (c) of this section, the Department of Emergency Services and Public Protection shall verify that each registrant is physically within this state by mailing a nonforwardable verification form by first class mail to the registrant at the registrant's last reported address which requires the registrant to appear in person with the verification form at a prescribed office of the Court Support Services Division within the Judicial Branch by a date which is ten days after the date such form was mailed to the registrant and submit to the taking of a photograph and update and verify any information required under section 54-256 of the general statutes, as amended by this act. If mail is not delivered to a registrant's residential address due to postal restrictions, the Commissioner of Emergency Services and Public Protection may develop and implement procedures to deliver such form to such registrant. The form shall contain a statement that failure to report to the prescribed office of the Court Support Services Division with the verification form by a date which is ten days after the date such form was mailed to the registrant is a violation of this section.
(h) Registrants shall appear in person with the verification form at the prescribed office of the Court Support Services Division pursuant to subsection (g) of this section in accordance with the following schedule:
(1) Any tier one registrant required to register under section 2 of this act shall appear in person annually after such person's initial registration date;
(2) Any tier two registrant required to register under section 3 of this act shall appear in person every six months after such person's initial registration date;
(3) Any tier three registrant required to register under section 4 of this act shall appear in person every ninety days after such person's initial registration date; and
(4) Any person required to register under section 54-253 of the general statutes, as amended by this act, or section 54-254 of the general statutes, as amended by this act, shall appear in person as directed by the Department of Emergency Services and Public Protection.
(i) Any person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, who becomes a transient shall, after reporting such status under subdivision (2) of subsection (a) of this section, appear in person at the Department of Emergency Services and Public Protection or at a location designated by the department by a date which is not less than ten days or more than fifteen days after such registrant's last reporting date under this section and shall continue to appear by a date which is not less than ten days or more than fifteen days from the last reporting date until such registrant reports no longer being transient.
(j) If a registrant fails to physically report in person to an assigned office of the Court Support Services Division as provided under subsections (h) and (i) of this section, the Court Support Services Division shall notify the Department of Emergency Services and Public Protection. The department shall notify the local police department or the state police troop having jurisdiction over the registrant's last reported address or transient location, and that agency shall apply for a warrant to be issued for the registrant's arrest under this section. The Department of Emergency Services and Public Protection shall not require a registrant to report if such registrant's last reported address was outside this state.
(k) Any person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, shall submit to the retaking of a photographic image upon request of, and at the time and place designated by, the Commissioner of Emergency Services and Public Protection.
(l) Any person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253 of the general statutes, as amended by this act, or 54-254 of the general statutes, as amended by this act, shall maintain such person's registration by keeping all required information current and in compliance with registry requirements. Any period of incarceration or noncompliance with registry requirements shall be excluded from such registrant's required registration period and such registration requirement will continue until such registrant meets the required registration period.
(m) Any person who violates the registration requirements under this section shall be guilty of a class D felony.
Sec. 8. (NEW) (Effective October 1, 2016) Any person who has reason to believe that a registrant is in violation of registration requirements and who, with intent to assist the registrant in eluding a law enforcement officer in the investigation or enforcement of such violation, (1) withholds information from or does not notify the law enforcement officer about the registrant's noncompliance with such requirements and, if known, the whereabouts of the registrant; (2) harbors, attempts to harbor, or assists another person in harboring or attempting to harbor the registrant; (3) conceals or attempts to conceal, or assists another person in concealing or attempting to conceal the registrant; (4) knowingly provides false information regarding the registrant; (5) obstructs or hinders the law enforcement officer in the performance of such officer's official duties relative to the investigation or enforcement of such violation; or (6) falsely represents the registrant by signing address verification forms or other official documentation relative to the registration of sexual offenders, shall be guilty of a class D felony.
Sec. 9. Section 54-255 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(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, 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. The court shall remove the restriction on the dissemination of such registration information if, at any time, the court finds that public safety requires that such person's registration information be made available to the public or that a change of circumstances makes publication of such registration information no longer likely to reveal the identity of the victim within the community where the victim resides. Prior to ordering or removing the restriction on the dissemination of such person's registration information, the court shall consider any information or statements provided by the victim.
(b) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person of a [criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense] tier one offense, tier two offense or tier three offense, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21, 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. 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.
(c) Any person who: (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 and not more than four years older than the victim at the time of the offense, [;] or (2) has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a [between October 1, 1988, and June 30, 1999; (3) has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, between October 1, 1988, and June 30, 1999, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21; (4) has been convicted or found not guilty by reason of mental disease or defect of a violation of section 53a-70b between October 1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty by reason of mental disease or defect of any crime between October 1, 1988, and September 30, 1998, which requires registration under sections 54-250 to 54-258a, inclusive, and (A) served no jail or prison time as a result of such conviction or finding of not guilty by reason of mental disease or defect, (B) has not been subsequently convicted or found not guilty by reason of mental disease or defect of any crime which would require registration under sections 54-250 to 54-258a, inclusive, and (C) has registered with the Department of Emergency Services and Public Protection in accordance with sections 54-250 to 54-258a, inclusive;] if the victim was eighteen years of age or older at the time of the offense, may petition the court to 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. Any person who files such a petition shall, pursuant to subsection (b) of section 54-227, as amended by this act, 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, as amended by this act, or section 54-230a, as amended by this act, notify any victim who has requested notification pursuant to subsection (b) of section 54-228, as amended by this act, of the filing of such petition. Prior to granting or denying such petition, the court shall consider any information or statements provided by the victim. 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.
(d) The court may order the Department of Emergency Services and Public Protection to restrict the dissemination of the registration information for law enforcement purposes or to exempt from registration any person required to register under the provisions of section 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act, who is protected under a state or federal witness protection or relocation program and to not make such information available for public access, provided the court finds that dissemination of the registration information or registration is not required for public safety and that publication of the registration information would be likely to jeopardize the safety of such protected person. The court shall remove the restriction on the dissemination of such registration information or the exemption from registration 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 jeopardize the safety of such protected person. The court shall direct the Department of Emergency Services and Public Protection to execute and secure such order and refrain from any further dissemination of information in the matter unless so ordered by the court. The record of the order and any activity of the court pertaining to the order shall be sealed from the public.
(e) The court may order the Department of Emergency Services and Public Protection to restrict the dissemination of registration information from the public concerning a specific subsection or subdivision of a section of a statute when the publication of said subsection or subdivision would be likely to reveal the identity of the victim. The court may order the Department of Emergency Services and Public Protection to disseminate registration information to the public on the registrant to include only the section of the statute without the specific subsection or subdivision.
Sec. 10. Section 54-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) [Any court, the] The Commissioner of Correction or the Psychiatric Security Review Board, prior to releasing into the community any person convicted or found not guilty by reason of mental disease or defect of a [criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense] tier one offense, tier two offense or tier three offense or a felony found by the sentencing court to have been committed for a sexual purpose [, except a person being released unconditionally at the conclusion of such person's sentence or commitment] or a person required to register under the provisions of section 54-253, as amended by this act, shall require as a condition of such release that such person complete the registration procedure established by the Commissioner of Emergency Services and Public Protection under [sections 54-251, 54-252 and 54-254] section 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act. The [court, the] Commissioner of Correction or the Psychiatric Security Review Board, as the case may be, shall provide the person with a written summary of the person's obligations under sections 54-102g, as amended by this act, and 54-250 to 54-258a, inclusive, as amended by this act, and sections 2, 3, 4 and 7 of this act, stating that the obligation to register has been explained and such person read the requirements or the requirements were read to such person and the person signed the written summary acknowledging he or she understood the requirements and transmit the completed registration package to the Commissioner of Emergency Services and Public Protection who shall enter the information into the registry established under section 54-257, as amended by this act. [If a court transmits the completed registration package to the Commissioner of Emergency Services and Public Protection with respect to a person released by the court, such package need not include identifying factors for such person. In the case of a person being released unconditionally who declines to complete the registration package through the court or the releasing agency, the court or agency shall: (1) Except with respect to information that is not available to the public pursuant to court order, rule of court or any provision of the general statutes, provide to the Commissioner of Emergency Services and Public Protection the person's name, date of release into the community, anticipated residence address, if known, and criminal history record, any known treatment history of such person, any electronic mail address, instant message address or other similar Internet communication identifier for such person, if known, and any other relevant information; (2) inform the person that such person has an obligation to register within three days with the Commissioner of Emergency Services and Public Protection for a period of ten years following the date of such person's release or for life, as the case may be, that if such person changes such person's address such person shall within five days register the new address in writing with the Commissioner of Emergency Services and Public Protection and, if the new address is in another state or if such person is employed in another state, carries on a vocation in another state or is a student in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders, and that if such person establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier such person shall, within five days, register such identifier with the Commissioner of Emergency Services and Public Protection; (3) provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as explained to the person under subdivision (2) of this subsection; and (4) make a specific notation on the record maintained by that agency with respect to such person that the registration requirements were explained to such person and that such person was provided with a written summary of such person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive.] In the case of a person being released unconditionally who refuses to register with the Department of Correction, the Department of Correction shall notify the Department of Emergency Services and Public Protection of such refusal and such person, upon release, shall be immediately arrested for a violation of the provisions of section 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act, as the case may be.
(b) Any court, prior to releasing into the community any person convicted or found not guilty by reason of mental disease or defect of a tier one offense, tier two offense or tier three offense or a felony found by the sentencing court to have been committed for a sexual purpose, shall order such person to report in person to the Commissioner of Emergency Services and Public Protection within three days following such release. The court shall obtain such person's residence address and complete a form provided by the Department of Emergency Services and Public Protection, which includes a written summary of the person's obligations under section 54-102g, as amended by this act, sections 2, 3, 4 and 7 of this act, or section 54-253, as amended by this act, and 54-254, as amended by this act. The court shall provide a copy of such form to such person prior to their release. The court shall sign the form acknowledging that the court explained such person's registration requirements to such person and such person shall sign the form acknowledging that such person understood such person's registration requirements. If such person refuses to sign such form and provide such information, the court shall order immediate registration of such person and shall contact the Department of Emergency Services and Public Protection to complete such registration. If such person refuses to complete such registration, such person shall be arrested for violation of section 2, 3, 4 or 7 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act, as the case may be.
[(b)] (c) Whenever a person is convicted or found not guilty by reason of mental disease or defect of an offense that will require such person to register under section [54-251, 54-252 or 54-254] 54-253, as amended by this act, section 54-254, as amended by this act, or section 2, 3 or 4 of this act, the court shall provide to the Department of Emergency Services and Public Protection a written summary of the offense that includes the age and sex of any victim of the offense and a specific description of the offense. Such summary shall be added to the registry information made available to the public through the Internet.
(d) Any person fourteen years of age or older who has been convicted or found not guilty by reason of mental disease or defect of an offense that requires registration under section 2, 3 or 4 of this act or section 54-254, as amended by this act, after the case of such person has been transferred to the regular criminal docket in accordance with section 46b-127, shall register under the appropriate section of the general statutes, except that the court may, at its discretion, reduce the registration period to twenty-five years if such person has (1) not been convicted of any offense for which imprisonment for more than one year was imposed, (2) not been convicted of another sexual offense, (3) successfully completed any periods of probation and parole, (4) successfully completed an appropriate sexual offender treatment program certified by the state, and (5) maintained such registration for a period of twenty-five years and kept all required information current and in compliance with all registry requirements.
Sec. 11. Section 54-257 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) The Department of Emergency Services and Public Protection shall [, not later than January 1, 1999,] establish and maintain a registry of all persons required to register under [sections 54-251, 54-252,] section 2, 3 or 4 of this act, or section 54-253, as amended by this act, and 54-254, as amended by this act, that includes an electronic database allowing for registry information to be available and transmitted in an electronic or digital format. The department shall, in cooperation with the Office of the Chief Court Administrator, the Department of Correction and the Psychiatric Security Review Board, develop appropriate forms for use by agencies and individuals to report registration information, including changes of address. Upon receipt of registration information, the department shall enter the information into the registry and notify the local police department or state police troop having jurisdiction where the registrant resides or plans to reside, is employed or plans to be employed, carries on a vocation or is a student. If a registrant notifies the Department of Emergency Services and Public Protection that such registrant is employed at, carries on a vocation at or is a student at a youth camp, as defined in section 19a-420, a provider of child day care services, as defined in section 19a-77, a public or private educational institution including an elementary, middle or high school, a regional vocational-technical school, a charter school or a trade or professional institution or an institution of higher learning in this state, the department shall, within three business days, notify the law enforcement agency with jurisdiction over such camp, provider or institution. If a registrant reports a residence, employment or involvement with an educational institution in another state or foreign country, the department shall notify the [state police agency of that state or such other agency in that state that maintains registry information, if known] appropriate agency responsible for the registration of sexual offenders in such other state or foreign country. The department shall also transmit all registration information, conviction data, information on registrants in violation of registry requirements who cannot be located, photographic images and fingerprints to the Federal Bureau of Investigation and the Department of Justice in such form as said bureau or the Department of Justice shall require for inclusion in a national registry. The local police department or state police troop having jurisdiction where the registrant resides or plans to reside, is employed or plans to be employed, carries on a vocation or is a student shall develop policies and procedures to verify the accuracy of the information provided by the registrant as well as uniform procedures to investigate the registrant's continued compliance with registration requirements and any violations of such requirements. Such policies and procedures shall provide that (1) an arrest warrant shall be sought for any registrant who violates registry requirements as specified in section 7 of this act and cannot be located, (2) the United States Marshals Service shall be notified of the existence of any such arrest warrant, and (3) any such arrest warrant shall be entered into the National Crime Information Center Wanted Person file. The Department of Emergency Services and Public Protection shall develop and maintain software applications to allow local jurisdictions to effectively and efficiently track and manage local sexual offender registry programs.
(b) The Department of Emergency Services and Public Protection may suspend the registration of any person registered under section [54-251, 54-252,] 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act, while such person is incarcerated, under civil commitment, medically incapacitated or residing outside this state. During the period that such registration is under suspension, the department is not required to verify the address of the registrant [pursuant to subsection (c) of this section] and may withdraw the registration information from public access. Upon the release of the registrant from incarceration or civil commitment, the registrant becoming medically capable or the resumption of residency in this state by the registrant, the department shall reinstate the registration, redistribute the registration information in accordance with subsection (a) of this section and resume verifying the address of the registrant. [in accordance with subsection (c) of this section.] Suspension of registration shall not affect the date of expiration of the registration obligation of the registrant under section [54-251, 54-252 or] 2, 3 or 4 of this act or section 54-253, as amended by this act, or 54-254, as amended by this act.
[(c) Except as provided in subsection (b) of this section, the Department of Emergency Services and Public Protection shall verify the address of each registrant by mailing a nonforwardable verification form to the registrant at the registrant's last reported address. Such form shall require the registrant to sign a statement that the registrant continues to reside at the registrant's last reported address and return the form by mail by a date which is ten days after the date such form was mailed to the registrant. The form shall contain a statement that failure to return the form or providing false information is a violation of section 54-251, 54-252, 54-253 or 54-254, as the case may be. Each person required to register under section 54-251, 54-252, 54-253 or 54-254 shall have such person's address verified in such manner every ninety days after such person's initial registration date. In the event that a registrant fails to return the address verification form, the Department of Emergency Services and Public Protection shall notify the local police department or the state police troop having jurisdiction over the registrant's last reported address, and that agency shall apply for a warrant to be issued for the registrant's arrest under section 54-251, 54-252, 54-253 or 54-254, as the case may be. The Department of Emergency Services and Public Protection shall not verify the address of registrants whose last reported address was outside this state.]
[(d)] (c) The Department of Emergency Services and Public Protection shall include in the registry the most recent photographic image available of each registrant taken by the department, the Department of Correction, a law enforcement agency or the Court Support Services Division of the Judicial Department and shall retake the photographic image of each registrant at least once every [five years] year.
[(e)] (d) Whenever the Commissioner of Emergency Services and Public Protection receives notice from a superior court pursuant to section 52-11 or a probate court pursuant to section 45a-99 that such court has ordered the change of name of a person, and the department determines that such person is listed in the registry, the department shall revise such person's registration information accordingly.
[(f)] (e) The Commissioner of Emergency Services and Public Protection shall develop a protocol for the notification of other state agencies, the Judicial Department and local police departments whenever a person listed in the registry changes such person's name and notifies the commissioner of the new name pursuant to section [54-251, 54-252,] 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act, or whenever the commissioner determines pursuant to subsection [(e)] (d) of this section that a person listed in the registry has changed such person's name.
Sec. 12. Subsection (a) of section 54-258 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) (1) Notwithstanding any other provision of the general statutes, except subdivisions (3), (4) and (5) of this subsection, the registry maintained by the Department of Emergency Services and Public Protection shall be a public record and shall be accessible to the public during normal business hours. The Department of Emergency Services and Public Protection shall make registry information available to the public through the Internet with search fields that include, but are not limited to, a registrant's name and any alias names, city or town, zip code and geographical radius. The Department of Emergency Services and Public Protection shall make available to the public through the Internet community education resources, or links to such resources, on sexual assault prevention, education, advocacy, counseling and victim services. Not less than once per calendar quarter, the Department of Emergency Services and Public Protection shall issue notices to all print and electronic media in the state regarding the availability and means of accessing the registry. Each local police department and each state police troop shall keep a record of all registration information transmitted to it by the Department of Emergency Services and Public Protection, and shall make such information accessible to the public during normal business hours, which may include access to such information through the Internet or instruction on how to access such information through the Internet.
(2) (A) Any state agency, the Judicial Department, any state police troop or any local police department may, at its discretion, notify any government agency, private organization or individual of registration information when such agency, said department, such troop or such local police department, as the case may be, believes such notification is necessary to protect the public or any individual in any jurisdiction from any person who is subject to registration under section [54-251, 54-252,] 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act.
(B) (i) Whenever a registrant is released into the community, or whenever a registrant changes such registrant's address and notifies the Department of Emergency Services and Public Protection of such change pursuant to section [54-251, 54-252,] 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act, the Department of Emergency Services and Public Protection shall [, by electronic mail,] provide an automated electronic mail notification system to notify the superintendent of schools for the school district in which the registrant resides, or plans to reside, of such release or new address, and provide such superintendent with the same registry information for such registrant that the department makes available to the public through the Internet under subdivision (1) of this subsection. Each superintendent of schools shall be responsible for updating their electronic mail address in such electronic mail notification system.
(ii) Whenever a registrant is released into the community, or whenever a registrant changes such registrant's address and notifies the Department of Emergency Services and Public Protection of such change pursuant to section [54-251, 54-252,] 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act, the Department of Emergency Services and Public Protection shall [, by electronic mail,] provide an automated electronic mail notification system to notify the chief executive officer of the municipality in which the registrant resides, or plans to reside, of such release or new address, and provide such chief executive officer with the same registry information for such registrant that the department makes available to the public through the Internet under subdivision (1) of this subsection. Each chief executive officer shall be responsible for updating their electronic mail address in such electronic mail notification system.
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, state agencies, the Judicial Department, state police troops and local police departments shall not disclose the identity of any victim of a crime committed by a registrant or a registrant's treatment information, [provided to the registry pursuant to sections 54-102g and 54-250 to 54-258a, inclusive, except to government agencies for bona fide law enforcement or security purposes] a registrant's Social Security number, a telephone number or cellular mobile telephone number subscribed to or used by a registrant, an electronic mail address, instant message address or other similar Internet communication identifier used by a registrant, a registrant's birth certificate, a registrant's travel and immigration information, a registrant's criminal history information concerning any arrest that did not result in a conviction and the name of a registrant's employer provided to the registry pursuant to sections 54-102g, as amended by this act, and 54-250 to 54-258a, inclusive, as amended by this act, and sections 2, 3, 4, 7 and 8 of this act, except to government agencies for bona fide law enforcement or security purposes. The Department of Emergency Services and Public Protection may provide for public inquiries on the registry Internet web site that allows members of the public to enter a telephone number, a cellular mobile telephone number or an electronic mail address, instant message address or other similar Internet communication identifier to determine if such number or identifier belongs to a registrant, provided any positive response to such an inquiry will not disclose the identity of the registrant but will instruct the inquiring party to directly contact the Department of Emergency Services and Public Protection which will aid in an investigation concerning the inquiry.
(4) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, registration information the dissemination of which has been restricted by court order pursuant to section 54-255, as amended by this act, and which is not otherwise subject to disclosure, shall not be a public record and shall be released only for law enforcement purposes until such restriction is removed by the court pursuant to said section.
(5) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a registrant's electronic mail address, instant message address or other similar Internet communication identifier shall not be a public record, except that the Department of Emergency Services and Public Protection may release such identifier for law enforcement or security purposes in accordance with regulations adopted by the department. The department shall adopt regulations in accordance with chapter 54 to specify the circumstances under which and the persons to whom such identifiers may be released including, but not limited to, providers of electronic communication service or remote computing service, as those terms are defined in section 54-260b, as amended by this act, and operators of Internet web sites, and the procedure therefor.
(6) When any registrant completes the registrant's term of registration or is otherwise released from the obligation to register under section [54-251, 54-252, 54-253 or 54-254] 2, 3 or 4 of this act, or section 54-252, as amended by this act, or 54-254, as amended by this act, the Department of Emergency Services and Public Protection shall notify any state police troop or local police department having jurisdiction over the registrant's last reported residence address that the person is no longer a registrant, and the Department of Emergency Services and Public Protection, state police troop and local police department shall remove the registrant's name and information from the registry.
Sec. 13. (NEW) (Effective October 1, 2016) (a) A person is guilty of aggravated public indecency when such person commits public indecency, as provided in section 53a-186 of the general statutes, and a victim of the offense is under eighteen years of age at the time of offense.
(b) Aggravated public indecency is a class A misdemeanor.
Sec. 14. Section 53-21 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child, or (2) [has contact with the intimate parts, as defined in section 53a-65, of a child under the age of sixteen years or subjects a child under sixteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child, or (3)] permanently transfers the legal or physical custody of a child under the age of sixteen years to another person for money or other valuable consideration or acquires or receives the legal or physical custody of a child under the age of sixteen years from another person upon payment of money or other valuable consideration to such other person or a third person, except in connection with an adoption proceeding that complies with the provisions of chapter 803, shall be guilty of [(A)] a class C felony. [for a violation of subdivision (1) or (3) of this subsection, and (B) a class B felony for a violation of subdivision (2) of this subsection, except that, if the violation is of subdivision (2) of this subsection and the victim of the offense is under thirteen years of age, such person shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.]
(b) The act of a parent or agent leaving an infant thirty days or younger with a designated employee pursuant to section 17a-58 shall not constitute a violation of this section.
Sec. 15. (NEW) (Effective October 1, 2016) Any person who has contact with the intimate parts, as defined in section 53a-65 of the general statutes, of a child under thirteen years of age or subjects a child under thirteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child, shall be guilty of a class A felony.
Sec. 16. (NEW) (Effective October 1, 2016) Any person who has contact with the intimate parts, as defined in section 53a-65 of the general statutes, of a child thirteen years of age or older but under sixteen years of age or subjects a child thirteen years of age or older but under sixteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child, shall be guilty of a class B felony.
Sec. 17. Section 8-45a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
A housing authority, as defined in subsection (b) of section 8-39, in determining eligibility for the rental of public housing units may establish criteria and consider relevant information concerning (1) an applicant's or any proposed occupant's history of criminal activity involving: (A) Crimes of physical violence to persons or property, (B) crimes involving the illegal manufacture, sale, distribution or use of, or possession with intent to manufacture, sell, use or distribute, a controlled substance, as defined in section 21a-240, or (C) other criminal acts which would adversely affect the health, safety or welfare of other tenants, (2) an applicant's or any proposed occupant's abuse, or pattern of abuse, of alcohol when the housing authority has reasonable cause to believe that such applicant's or proposed occupant's abuse, or pattern of abuse, of alcohol may interfere with the health, safety or right to peaceful enjoyment of the premises by other residents, and (3) an applicant or any proposed occupant who is subject to a lifetime registration requirement under section [54-252] 4 of this act or section 54-254, as amended by this act, on account of being convicted or found not guilty by reason of mental disease or defect of a [sexually violent offense] tier three sexual offense or a felony committed for a sexual purpose. In evaluating any such information, the housing authority shall give consideration to the time, nature and extent of the applicant's or proposed occupant's conduct and to factors which might indicate a reasonable probability of favorable future conduct such as evidence of rehabilitation and evidence of the willingness of the applicant, the applicant's family or the proposed occupant to participate in social service or other appropriate counseling programs and the availability of such programs.
Sec. 18. Section 18-78b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
There is established a Victim Services Unit within the Department of Correction. The duties and responsibilities of the unit shall include, but not be limited to: (1) Receiving notices pursuant to section 54-227, as amended by this act, from inmates applying for release or sentence reduction or review, persons applying for exemption from the registration requirements of section [54-251] 2 or 3 of this act and persons filing a petition for an order restricting the dissemination of registration information or removing such restriction pursuant to section 54-255, as amended by this act, (2) receiving requests for notification from victims of crime or members of an inmate's immediate family pursuant to section 54-228, as amended by this act, and receiving notices of changes of address from victims pursuant to said section, (3) receiving requests for notification from prosecuting officials pursuant to section 54-229, and (4) notifying persons pursuant to section 54-230a, as amended by this act, who have requested to be notified pursuant to section 54-228, as amended by this act, or 54-229.
Sec. 19. Subparagraph (G) of subdivision (2) of subsection (d) of section 20-327b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(G) A statement that information concerning the residence address of a person convicted of a crime may be available from law enforcement agencies or the Department of Emergency Services and Public Protection and that the Department of Emergency Services and Public Protection maintains a site on the Internet listing information about the residence address of persons required to register under section [54-251, 54-252,] 2, 3 or 4 of this act or section 54-253, as amended by this act, or 54-254, as amended by this act, who have so registered.
Sec. 20. Subsection (a) of section 53a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) When imposing sentence of probation or conditional discharge, the court may, as a condition of the sentence, order that the defendant: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment; (2) undergo medical or psychiatric treatment and remain in a specified institution, when required for that purpose; (3) support the defendant's dependents and meet other family obligations; (4) make restitution of the fruits of the defendant's offense or make restitution, in an amount the defendant can afford to pay or provide in a suitable manner, for the loss or damage caused thereby and the court may fix the amount thereof and the manner of performance; (5) if a minor, (A) reside with the minor's parents or in a suitable foster home, (B) attend school, and (C) contribute to the minor's own support in any home or foster home; (6) post a bond or other security for the performance of any or all conditions imposed; (7) refrain from violating any criminal law of the United States, this state or any other state; (8) if convicted of a misdemeanor or a felony, other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, and any sentence of imprisonment is suspended, participate in an alternate incarceration program; (9) reside in a residential community center or halfway house approved by the Commissioner of Correction, and contribute to the cost incident to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of [subdivision (2) of subsection (a) of section 53-21,] section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender treatment; (13) if convicted of a [criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense] tier one offense, tier two offense or tier three offense, as defined in section 54-250, as amended by this act, or of a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, as amended by this act, register such person's identifying factors, as defined in section 54-250, as amended by this act, with the Commissioner of Emergency Services and Public Protection when required pursuant to section [54-251, 54-252 or] 2, 3 or 4 of this act or section 54-253, as amended by this act, as the case may be; (14) be subject to electronic monitoring, which may include the use of a global positioning system; (15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias crime education program; (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; or (17) satisfy any other conditions reasonably related to the defendant's rehabilitation. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.
Sec. 21. Subsection (b) of section 54-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(b) Any person who files an application with the court to be exempted from the registration requirements of section [54-251 pursuant to subsection (b) or (c) of said section] 2 or 3 of this act and any person who files a petition with the court pursuant to section 54-255, as amended by this act, for an order restricting the dissemination of the registration information or removing such restriction shall notify the Office of Victim Services and the Victim Services Unit within the Department of Correction of the filing of such application or petition on a form prescribed by the Office of the Chief Court Administrator. Notwithstanding any provision of the general statutes, no such application or petition shall be considered unless such person has notified the Office of Victim Services and the Victim Services Unit within the Department of Correction pursuant to this subsection and provides proof of such notice as part of the application or petition.
Sec. 22. Subsection (b) of section 54-228 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(b) Any victim of a [criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense] tier one offense, tier two offense or tier three offense, as those terms are defined in section 54-250, as amended by this act, or a felony found by the sentencing court to have been committed for a sexual purpose, as provided in section 54-254, as amended by this act, who desires to be notified whenever the person who was convicted or found not guilty by reason of mental disease or defect of such offense files an application with the court to be exempted from the registration requirements of section [54-251 pursuant to subsection (b) or (c) of said section] 2 or 3 of this act or files a petition with the court pursuant to section 54-255, as amended by this act, for an order restricting the dissemination of the registration information, or removing such restriction, may complete and file a request for notification with the Office of Victim Services or the Victim Services Unit within the Department of Correction.
Sec. 23. Subsection (b) of section 54-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227, as amended by this act, the Office of Victim Services shall notify by certified mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228, as amended by this act, whenever such person files an application with the court to be exempted from the registration requirements of section [54-251 pursuant to subsections (b) or (c) of said section] 2 or 3 of this act or files a petition with the court pursuant to section 54-255, as amended by this act, for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption or of the restriction or removal of the restriction being applied for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.
Sec. 24. Subsection (b) of section 54-230a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227, as amended by this act, the Victim Services Unit within the Department of Correction shall notify by certified mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228, as amended by this act, whenever such person files an application with the court to be exempted from the registration requirements of section [54-251 pursuant to subsections (b) or (c) of said section] 2 or 3 of this act or files a petition with the court pursuant to section 54-255, as amended by this act, for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption or of the restriction or the removal of the restriction being applied for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.
Sec. 25. Section 54-260b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) For the purposes of this section:
(1) "Basic subscriber information" means: (A) Name, (B) address, (C) age or date of birth, (D) electronic mail address, instant message address or other similar Internet communication identifier, and (E) subscriber number or identity, including any assigned Internet protocol address;
(2) "Electronic communication" means "electronic communication" as defined in 18 USC 2510, as amended from time to time;
(3) "Electronic communication service" means "electronic communication service" as defined in 18 USC 2510, as amended from time to time;
(4) "Registrant" means a person required to register under section [54-251, 54-252,] 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act; and
(5) "Remote computing service" means "remote computing service" as defined in section 18 USC 2711, as amended from time to time.
(b) The Commissioner of Emergency Services and Public Protection shall designate a sworn law enforcement officer to serve as liaison between the Department of Emergency Services and Public Protection and providers of electronic communication services or remote computing services to facilitate the exchange of non-personally-identifiable information concerning registrants.
(c) Whenever such designated law enforcement officer ascertains from such exchange of non-personally-identifiable information that there are subscribers, customers or users of such providers who are registrants, such officer shall initiate a criminal investigation to determine if such registrants are in violation of the registration requirements of section [54-251, 54-252,] 2, 3 or 4 of this act, or section 54-253, as amended by this act, or 54-254, as amended by this act, or of the terms and conditions of their parole or probation by virtue of being subscribers, customers or users of such providers.
(d) Such designated law enforcement officer may request an ex parte order from a judge of the Superior Court to compel a provider of electronic communication service or remote computing service to disclose basic subscriber information pertaining to subscribers, customers or users who have been identified by such provider to be registrants. The judge shall grant such order if the law enforcement officer offers specific and articulable facts showing that there are reasonable grounds to believe that the basic subscriber information sought is relevant and material to the ongoing criminal investigation. The order shall state upon its face the case number assigned to such investigation, the date and time of issuance and the name of the judge authorizing the order. The law enforcement officer shall have any ex parte order issued pursuant to this subsection signed by the authorizing judge within forty-eight hours or not later than the next business day, whichever is earlier.
(e) A provider of electronic communication service or remote computing service shall disclose basic subscriber information to such designated law enforcement officer when an order is issued pursuant to subsection (d) of this section.
(f) A provider of electronic communication service or remote computing service that provides information in good faith pursuant to an order issued pursuant to subsection (d) of this section shall be afforded the legal protections provided under 18 USC 3124, as amended from time to time, with regard to such actions.
Sec. 26. Section 54-102g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Whenever any person is arrested on or after October 1, 2011, for the commission of a serious felony and, prior to such arrest, has been convicted of a felony but has not submitted to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis pursuant to this section, the law enforcement agency that arrested such person shall, as available resources allow, require such person to submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If the law enforcement agency requires such person to submit to the taking of such blood or other biological sample, such person shall submit to the taking of such sample prior to release from custody and at such time and place as the agency may specify. For purposes of this subsection, "serious felony" means a violation of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-56b, 53a-57, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-72b, 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111, 53a-112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-181c.
(b) Any person who has been convicted of a [criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense] tier one offense, tier two offense or tier three offense, as those terms are defined in section 54-250, as amended by this act, or a felony, and has been sentenced on that conviction to the custody of the Commissioner of Correction, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a) of this section with respect to such offense, shall, prior to release from custody and at such time as the commissioner may specify, submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If any person required to submit to the taking of a blood or other biological sample pursuant to this subsection refuses to do so, the Commissioner of Correction or the commissioner's designee shall notify the Department of Emergency Services and Public Protection within thirty days of such refusal for the initiation of criminal proceedings against such person.
(c) Any person who is convicted of a [criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense] tier one offense, tier two offense or tier three offense, as those terms are defined in section 54-250, as amended by this act, or a felony and is not sentenced to a term of confinement, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a) of this section with respect to such offense, shall, as a condition of such sentence and at a time and place specified by the Court Support Services Division of the Judicial Department, submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.
(d) Any person who has been found not guilty by reason of mental disease or defect pursuant to section 53a-13 of a [criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense] tier one offense, tier two offense or tier three offense, as those terms are defined in section 54-250, as amended by this act, or a felony, and is in the custody of the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services as a result of that finding, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a) of this section with respect to such offense, shall, prior to a court hearing commenced in accordance with subsection (d) of section 17a-582, and at such time as the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services with whom such person has been placed may specify, submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.
(e) Any person who has been convicted of a [criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense] tier one offense, tier two offense or tier three offense, as those terms are defined in section 54-250, as amended by this act, or a felony, and is serving a period of probation or parole, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a), (b), (c) or (d) of this section, shall, prior to discharge from the custody of the Court Support Services Division or the Department of Correction and at such time as said division or department may specify, submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.
(f) Any person who has been convicted or found not guilty by reason of mental disease or defect in any other state or jurisdiction of a felony or of any crime, the essential elements of which are substantially the same as a [criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense] tier one offense, tier two offense or tier three offense, as those terms are defined in section 54-250, as amended by this act, and is in the custody of the Commissioner of Correction, is under the supervision of the Judicial Department or the Board of Pardons and Paroles or is under the jurisdiction of the Psychiatric Security Review Board, shall, prior to discharge from such custody, supervision or jurisdiction submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.
(g) If the blood or other biological sample taken from a person pursuant to this section is not of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person, the person shall submit to the taking of an additional sample or samples until a sample of sufficient quality is obtained.
(h) The analysis shall be performed by the Division of Scientific Services within the Department of Emergency Services and Public Protection, except that the division shall analyze samples taken pursuant to subsection (a) of this section only as available resources allow. The identification characteristics of the profile resulting from the DNA (deoxyribonucleic acid) analysis shall be stored and maintained by the division in a DNA data bank and shall be made available only as provided in section 54-102j.
(i) Any person who refuses to submit to the taking of a blood or other biological sample pursuant to this section or wilfully fails to appear at the time and place specified pursuant to subsection (b) of this section for the taking of a blood or other biological sample shall be guilty of a class D felony. Any person required to submit to the taking of a blood or other biological sample pursuant to subsection (c) of this section who wilfully fails to appear to submit to the taking of such sample within five business days of the time specified by the Court Support Services Division may be arrested pursuant to a warrant issued under section 54-2a.
(j) If any person required to submit to the taking of a blood or other biological sample pursuant to any provision of this section is in the custody of the Commissioner of Correction and refuses to submit to the taking of such sample, the commissioner or the commissioner's designee may use reasonable force to obtain a blood or other biological sample from such person.
(k) For the purposes of this section, a motor vehicle violation for which a sentence to a term of imprisonment of more than one year may be imposed shall be deemed an unclassified felony.
Sec. 27. Subdivision (10) of section 46b-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(10) "Serious juvenile offense" means (A) the violation of, including attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 29-35, subdivision (2) [or (3)] of subsection (a) of section 53-21, as amended by this act, subdivision (2) of section 53-21 of the general statutes in effect on and after October 1, 2000, and prior to October 1, 2016, or section 15 or 16 of this act, or section 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) running away, without just cause, from any secure placement other than home while referred as a delinquent child to the Court Support Services Division or committed as a delinquent child to the Commissioner of Children and Families for a serious juvenile offense;
Sec. 28. Subsection (f) of section 53a-29 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(f) The period of probation, unless terminated sooner as provided in section 53a-32, shall be not less than ten years or more than thirty-five years for conviction of a violation of subdivision (2) of subsection (a) of section 53-21 [,] of the general statutes in effect on and after October 1, 2000, and prior to October 1, 2016, or section 15 or 16 of this act, or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-90a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a, or section 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f.
Sec. 29. Section 53a-32a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
If a defendant who entered a plea of nolo contendere or a guilty plea under the Alford doctrine to 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 of the general statutes in effect on and after October 1, 2000, and prior to October 1, 2016, section 15 or 16 of this act, or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual offender treatment as a condition of probation, becomes ineligible for such treatment because of such defendant's refusal to acknowledge that such defendant committed the act or acts charged, such defendant shall be deemed to be in violation of the conditions of such defendant's probation and be returned to court for proceedings in accordance with section 53a-32.
Sec. 30. Section 53a-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
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, subdivision (2) of subsection (a) of section 53-21 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, or section 15 or 16 of this act, or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.
Sec. 31. Subsection (d) of section 53a-40 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(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 which such person presently stands convicted is a violation of subdivision (2) of subsection (a) of section 53-21 of the general statutes, committed on or after October 1, 2000, and prior to October 1, 2016, section 15 or 16 of this act, 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 subdivision (2) of subsection (a) of section 53-21 of the general statutes, committed on or after October 1, 2000, and prior to October 1, 2016, or a violation of section 15 or 16 of this act or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.
Sec. 32. Subsection (a) of section 53a-40e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) If any person is convicted of (1) a violation of subdivision (1) [or (2)] of subsection (a) of section 53-21, as amended by this act, subdivision (2) of section 53-21 of the general statutes, committed on or after October 1, 2000, and prior to October 1, 2016, or section 15 or 16 of this act, or section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-70c, as amended by this act, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b, 53a-183, 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 duration specified by the court until modified or revoked by the court for good cause shown. If any person is convicted of any crime not specified in subdivision (1) or (2) of this subsection, the court may, for good cause shown, issue a standing criminal protective order pursuant to this subsection.
Sec. 33. Subsection (a) of section 53a-70c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) A person is guilty of aggravated sexual assault of a minor when such person commits a violation of [subdivision (2) of subsection (a) of section 53-21] section 15 or 16 of this act, or section 53a-70, 53a-70a, 53a-71, 53a-86, 53a-87 or 53a-196a and the victim of such offense is under thirteen years of age, and (1) such person kidnapped or illegally restrained the victim, (2) such person stalked the victim, (3) such person used violence to commit such offense against the victim, (4) such person caused serious physical injury to or disfigurement of the victim, (5) there was more than one victim of such offense under thirteen years of age, (6) such person was not known to the victim, or (7) such person has previously been convicted of a violent sexual assault.
Sec. 34. Subsection (a) of section 54-1k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Upon the arrest of a person for a violation of subdivision (1) [or (2)] of subsection (a) of section 53-21, as amended by this act, subdivision (2) of subsection (a) section 53-21 of the general statutes in effect on and after October 1, 2000, and prior to October 1, 2016, or section 15 or 16 of this act, section 53a-70, 53a-70a, 53a-70c, as amended by this act, 53a-71, 53a-72a, 53a-72b or 53a-73a, or any attempt thereof, or section 53a-181c, 53a-181d or 53a-181e, the court may issue a protective order pursuant to this section. Upon the arrest of a person for a violation of section 53a-182b or 53a-183, the court may issue a protective order pursuant to this section if it finds that such violation caused the victim to reasonably fear for his or her physical safety. Such order shall be an order of the court, and the clerk of the court shall cause (1) a copy of such order, or the information contained in such order, to be sent to the victim, and (2) a copy of such order, or the information contained in such order, to be sent by facsimile or other means not later than forty-eight hours after its issuance to the law enforcement agency or agencies for the town in which the victim resides, the town in which the victim is employed and the town in which the defendant resides. If the victim is enrolled in a public or private elementary or secondary school, including a technical high school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such order, or the information contained in such order, to such school or institution of higher education, the president of any institution of higher education at which the victim is enrolled and the special police force established pursuant to section 10a-156b, if any, at the institution of higher education at which the victim is enrolled.
Sec. 35. Subsection (a) of section 54-36p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) The following property shall be subject to forfeiture to the state pursuant to subsection (b) of this section:
(1) All moneys used, or intended for use, in a violation of subdivision [(3)] (2) of subsection (a) of section 53-21, as amended by this act, or section 53a-82, 53a-86, 53a-87, 53a-88, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, 53a-196c or 53a-196i;
(2) All property constituting the proceeds obtained, directly or indirectly, from a violation of subdivision [(3)] (2) of subsection (a) of section 53-21, as amended by this act, or section 53a-82, 53a-86, 53a-87, 53a-88, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, 53a-196c or 53a-196i;
(3) All property derived from the proceeds obtained, directly or indirectly, from a violation of subdivision [(3)] (2) of subsection (a) of section 53-21, as amended by this act, or section 53a-82, 53a-86, 53a-87, 53a-88, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, 53a-196c or 53a-196i;
(4) All property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation of subdivision (3) of subsection (a) of section 53-21, as amended by this act, or section 53a-82, 53a-86, 53a-87, 53a-88, as amended by this act, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, 53a-196c or 53a-196i.
Sec. 36. Subsection (h) of section 54-56d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(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.
(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. The treatment facility shall be determined by the Commissioner of Mental Health and Addiction Services. Such order shall: (i) Include an authorization for the Commissioner of Mental Health and Addiction Services to apply for civil commitment of such defendant pursuant to sections 17a-495 to 17a-528, inclusive; (ii) permit the defendant to agree to request voluntarily to be admitted under section 17a-506 and participate voluntarily in a treatment plan prepared by the Commissioner of Mental Health and Addiction Services, and require that the defendant comply with such treatment plan; and (iii) provide that if the application for civil commitment is denied or not pursued by the Commissioner of Mental Health and Addiction Services, or if the defendant is unwilling or unable to comply with a treatment plan despite reasonable efforts of the treatment facility to encourage the defendant's compliance, the person in charge of the treatment facility, or such person's designee, shall submit a written progress report to the court and the defendant shall be returned to the court for a hearing pursuant to subsection (k) of this section. 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. The Court Support Services Division shall monitor the defendant's compliance with any applicable provisions of such order. 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. If the defendant has complied with such treatment plan and any applicable provisions of such order, at the end of the period of placement and monitoring, the court shall approve the entry of a nolle prosequi to the charges against the defendant or shall dismiss such charges.
(B) This subdivision shall not apply: (i) To any person charged with a class A felony, a class B felony, except a violation 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 section 14-227a, subdivision (2) of subsection (a) of section 53-21 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, or section 15 or 16 of this act, or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b; (ii) 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; or (iii) unless good cause is shown, to any person charged with a class C felony.
Sec. 37. 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, 2016):
(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 subdivision (2) of subsection (a) of section 53-21 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, subdivision (2) of subsection (a) of section 53a-60, or section 15 or 16 of this act, 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. 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. 38. Subsection (c) of section 54-56e of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(c) This section shall not be applicable: (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 14-227a, subdivision (2) of subsection (a) of section 53-21 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, or section 15 or 16 of this act, 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) any person charged with a violation of subdivision (6) of subsection (a) of section 53a-60, or (9) 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.
Sec. 39. Subsection (a) of section 54-76b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) For the purposes of sections 54-76b to 54-76n, inclusive:
(1) "Youth" means (A) a minor who has reached the age of sixteen years but has not reached the age of eighteen years at the time of the alleged offense, or (B) a child who has been transferred to the regular criminal docket of the Superior Court pursuant to section 46b-127; and
(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 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227g, subdivision (2) of subsection (a) of section 53-21 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, or section 15 or 16 of this act, 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, as amended by this act.
Sec. 40. Subsection (a) of section 54-76c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(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 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227g, subdivision (2) of subsection (a) of section 53-21 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, or section 15 or 16 of this act, 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 Court or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120, as amended by this act. Except as provided in subsection (b) of this section, upon motion of the prosecuting official, the court may order that an investigation be made of such defendant under section 54-76d, for the purpose of determining whether such defendant is ineligible to be adjudged a youthful offender, provided the court file shall remain sealed, but only as to the public, during such investigation.
Sec. 41. Subsection (a) of section 54-76l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(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 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227g, subdivision (2) of subsection (a) of section 53-21 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, or section 15 or 16 of this act, 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. 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.
Sec. 42. Subsection (c) of section 54-125e of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(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 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 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, or section 15 or 16 of this act, 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.
Sec. 43. Section 54-143c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
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 of subdivision (2) of subsection (a) of section 53-21 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, or section 15 or 16 of this act, or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a. Fines collected under this section shall be deposited in the sexual assault victims account established under section 19a-112d.
Sec. 44. Subsection (a) of section 54-260 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) For the purposes of this section, "sexual offender" means any person convicted of 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 of the general statutes in effect on and after October 1, 2000, but prior to October 1, 2016, or section 15 or 16 of this act, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b committed on or after October 1, 1995.
Sec. 45. (NEW) (Effective October 1, 2016) (a) No person who is required to register pursuant to section 2, 3 or 4 of this act, or section 54-253 or 54-254 of the general statutes, as amended by this act, and is released into the community, as defined in section 54-250 of the general statutes, as amended by this act, may reside within one thousand feet of the real property comprising (1) a public or private elementary or secondary school, or (2) a facility where child day care services, as defined in section 19a-77 of the general statutes, are provided.
(b) The provisions of subsection (a) of this section shall not apply if (1) the person has established a residence within one thousand feet of such property prior to the effective date of this section, or (2) the school or facility is newly located on or after the effective date of this section within one thousand feet of such person's residence.
(c) Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.
Sec. 46. Sections 54-251 and 54-252 of the general statutes are repealed. (Effective October 1, 2016):
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
54-250 |
Sec. 2 |
October 1, 2016 |
New section |
Sec. 3 |
October 1, 2016 |
New section |
Sec. 4 |
October 1, 2016 |
New section |
Sec. 5 |
October 1, 2016 |
54-253 |
Sec. 6 |
October 1, 2016 |
54-254 |
Sec. 7 |
October 1, 2016 |
New section |
Sec. 8 |
October 1, 2016 |
New section |
Sec. 9 |
October 1, 2016 |
54-255 |
Sec. 10 |
October 1, 2016 |
54-256 |
Sec. 11 |
October 1, 2016 |
54-257 |
Sec. 12 |
October 1, 2016 |
54-258(a) |
Sec. 13 |
October 1, 2016 |
New section |
Sec. 14 |
October 1, 2016 |
53-21 |
Sec. 15 |
October 1, 2016 |
New section |
Sec. 16 |
October 1, 2016 |
New section |
Sec. 17 |
October 1, 2016 |
8-45a |
Sec. 18 |
October 1, 2016 |
18-78b |
Sec. 19 |
October 1, 2016 |
20-327b(d)(2)(G) |
Sec. 20 |
October 1, 2016 |
53a-30(a) |
Sec. 21 |
October 1, 2016 |
54-227(b) |
Sec. 22 |
October 1, 2016 |
54-228(b) |
Sec. 23 |
October 1, 2016 |
54-230(b) |
Sec. 24 |
October 1, 2016 |
54-230a(b) |
Sec. 25 |
October 1, 2016 |
54-260b |
Sec. 26 |
October 1, 2016 |
54-102g |
Sec. 27 |
October 1, 2016 |
46b-120(10) |
Sec. 28 |
October 1, 2016 |
53a-29(f) |
Sec. 29 |
October 1, 2016 |
53a-32a |
Sec. 30 |
October 1, 2016 |
53a-33 |
Sec. 31 |
October 1, 2016 |
53a-40(d) |
Sec. 32 |
October 1, 2016 |
53a-40e(a) |
Sec. 33 |
October 1, 2016 |
53a-70c(a) |
Sec. 34 |
October 1, 2016 |
54-1k(a) |
Sec. 35 |
October 1, 2016 |
54-36p(a) |
Sec. 36 |
October 1, 2016 |
54-56d(h) |
Sec. 37 |
October 1, 2016 |
54-56d(m)(3) |
Sec. 38 |
October 1, 2016 |
54-56e(c) |
Sec. 39 |
October 1, 2016 |
54-76b(a) |
Sec. 40 |
October 1, 2016 |
54-76c(a) |
Sec. 41 |
October 1, 2016 |
54-76l(a) |
Sec. 42 |
October 1, 2016 |
54-125e(c) |
Sec. 43 |
October 1, 2016 |
54-143c |
Sec. 44 |
October 1, 2016 |
54-260(a) |
Sec. 45 |
October 1, 2016 |
New section |
Sec. 46 |
October 1, 2016 |
Repealer section |
Statement of Purpose:
To amend Connecticut's sex offender registry laws to establish a three-tiered system in accordance with the Adam Walsh Child Protection and Safety Act of 2006, and to require that convicted sexual offenders reside at least one thousand feet away from a school or child care center.
[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.]