Bill Text: CT HB05571 | 2018 | General Assembly | Comm Sub
Bill Title: An Act Concerning Human Trafficking.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-04-19 - File Number 597 [HB05571 Detail]
Download: Connecticut-2018-HB05571-Comm_Sub.html
General Assembly |
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February Session, 2018 |
*_____HB05571JUD___040418____* |
AN ACT CONCERNING HUMAN TRAFFICKING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 18-87j of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
There is established a Criminal Justice Policy Advisory Commission which shall be within the Office of Policy and Management for administrative purposes only. The commission shall consist of the undersecretary of the Criminal Justice Policy and Planning Division within the Office of Policy and Management, the Chief Court Administrator, the Commissioner of Correction, the Commissioner of Emergency Services and Public Protection, the Chief State's Attorney, the Chief Public Defender, the Commissioner of Mental Health and Addiction Services and the chairperson of the Board of Pardons and Paroles, or their designees, the executive director of the Court Support Services Division or other designee of the Chief Court Administrator, the Victim Advocate, or the Victim Advocate's designee, the chairperson of the Trafficking in Persons Council and the following members, each of whom shall be appointed by the Governor: Three government officials, a police chief, three persons representing offender and victim services within the private community and two public members. In addition, the Labor Commissioner and the Commissioner of Social Services, or their designees, shall be members of the commission with authority to deliberate and vote on matters concerning employment and entitlement programs available to adult and juvenile offenders who are reentering the community, the Commissioner of Children and Families and the Commissioner of Education, or their designees, shall be members of the commission with authority to participate and vote on matters concerning juvenile justice and the Commissioner of Veterans Affairs, or his or her designee, shall be a member of the commission with authority to deliberate and vote on matters concerning veterans within the criminal justice system including the reentry needs of incarcerated veterans. The undersecretary of the Criminal Justice Policy and Planning Division shall serve as chairperson of the commission. The commission shall meet at such times as it deems necessary.
Sec. 2. Subsections (a) and (b) of section 46a-170 of the 2018 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) There is established a Trafficking in Persons Council that shall be within the Commission on Women, Children and Seniors for administrative purposes only.
(b) The council shall consist of the following members: (1) The Chief State's Attorney, or a designee; (2) the Chief Public Defender, or a designee; (3) the Commissioner of Emergency Services and Public Protection, or the commissioner's designee; (4) the Labor Commissioner, or the commissioner's designee; (5) the Commissioner of Social Services, or the commissioner's designee; (6) the Commissioner of Public Health, or the commissioner's designee; (7) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (8) the Commissioner of Children and Families, or the commissioner's designee; (9) the Commissioner of Consumer Protection, or the commissioner's designee; (10) the director of the Basic Training Division of the Police Officer Standards and Training Council, or the director's designee; (11) the Child Advocate, or the Child Advocate's designee; (12) the Victim Advocate, or the Victim Advocate's designee; (13) the chairperson of the Commission on Women, Children and Seniors or the chairperson's designee; (14) one representative of the Office of Victim Services of the Judicial Branch appointed by the Chief Court Administrator; (15) a municipal police chief appointed by the Connecticut Police Chiefs Association, or a designee; (16) the Commissioner of Education, or the commissioner's designee; (17) an adult victim of trafficking, appointed by the Governor; [and] (18) [ten] a judge appointed by the Chief Court Administrator; (19) a state's attorney appointed by the Chief State's Attorney who is assigned by the Chief State's Attorney to act in a judicial district; (20) a public defender appointed by the Chief Public Defender who is assigned by the Chief Public Defender to act in a judicial district; and (21) twelve public members appointed as follows: The Governor shall appoint two members, one of whom shall represent victims of commercial exploitation of children and one of whom shall represent sex trafficking victims who are children, the president pro tempore of the Senate shall appoint two members, one of whom shall represent the Connecticut Alliance to End Sexual Violence and one of whom shall represent an organization that provides civil legal services to low-income individuals, the speaker of the House of Representatives shall appoint two members, one of whom shall represent the Connecticut Coalition Against Domestic Violence and one of whom shall represent the Connecticut Lodging Association, the majority leader of the Senate shall appoint [one member who] two members, one of whom shall represent an organization that deals with behavioral health needs of women and children and one of whom shall represent the Connecticut Coalition to End Homelessness, the majority leader of the House of Representatives shall appoint [one member who] two members, one of whom shall represent an organization that advocates on social justice and human rights issues and one of whom shall represent the Connecticut Criminal Defense Lawyers Association, the minority leader of the Senate shall appoint one member who shall represent the Connecticut Immigrant and Refugee Coalition, and the minority leader of the House of Representatives shall appoint one member who shall represent the Motor Transport Association of Connecticut, Inc.
Sec. 3. (NEW) (Effective July 1, 2019) (a) The Trafficking in Persons Council established under section 46a-170 of the general statutes, as amended by this act, shall identify or develop and implement an initial educational training program and refresher program to promote accurate and prompt identification and reporting of suspected incidents of trafficking, as defined in section 46a-170 of the general statutes, as amended by this act.
(b) The training and refresher programs may be Internet web-based and shall provide guidance and awareness of human trafficking issues to physicians licensed under chapter 370 of the general statutes, practical nurses, registered nurses and advanced practice registered nurses licensed under chapter 378 of the general statutes, pharmacists licensed under chapter 400 of the general statutes, who have contact with patients, pharmacy technicians registered or certified under chapter 400j of the general statutes, emergency medical services personnel certified under chapter 384d of the general statutes, who have contact with patients, urgent care facility staff who have contact with patients, personnel from the Department of Children and Families, personnel from the Department of Public Health, law enforcement personnel, judges of the Superior Court, prosecutors, public defenders and other attorneys who represent criminal defendants, persons employed by local or regional boards of education or the state system of public higher education, as described in section 10a-1 of the general statutes, who have contact with students, persons who operate a taxicab under certification pursuant to section 13b-97 of the general statutes, transportation network company drivers, as defined in section 13b-116 of the general statutes, and employees of hotels, motels, inns or similar lodging.
(c) Any person described in subsection (b) of this section shall complete the initial educational training program not later than January 1, 2020, and shall complete the refresher training program once every three years thereafter, provided any person beginning new employment as a person described in subsection (b) of this section shall complete such initial educational training program not later than six months after beginning such employment or January 1, 2020, whichever is later.
Sec. 4. (NEW) (Effective October 1, 2018) No operator of a hotel, motel or similar lodging may offer any sleeping accommodation maintained by such hotel, motel or similar lodging to any person without first establishing such person's identity by requiring such person to present such person's motor vehicle operator's license issued pursuant to section 14-36 of the general statutes, or any other valid form of identification issued by the federal government or a state or municipal government or an official passport, provided such identification includes a photograph.
Sec. 5. Section 53a-192a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) A person is guilty of trafficking in persons when such person (1) knowingly compels or induces another person to engage in conduct involving sexual contact with one or more third persons, or provide labor or services that such person has a legal right to refrain from providing, by means of (A) the use of force against such other person or a third person, or by the threat of use of force against such other person or a third person, (B) fraud, or (C) coercion, as provided in section 53a-192, (2) compels or induces another person who is under eighteen years of age to engage in conduct involving sexual contact with such person or one or more third persons that constitutes sexual contact for which such person or third person may be charged with a criminal offense, or (3) otherwise commits an act that constitutes sex trafficking. For the purposes of this subsection, "sexual contact" means any contact with the intimate parts of another person, and "sex trafficking" means the recruitment, harboring, transportation or provision of a person for the purpose of engaging in sexual conduct with another person [for a fee] in exchange for anything of value.
(b) Trafficking in persons is a class A felony.
Sec. 6. Subdivision (11) of section 54-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(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 section 53a-83b 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 or of section 53a-192a, as amended by this act, that constitutes sex trafficking, (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.
Sec. 7. Section 17a-106g of the general statutes and section 17a-106h of the 2018 supplement to the general statutes are repealed. (Effective October 1, 2018)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2018 |
18-87j |
Sec. 2 |
October 1, 2018 |
46a-170(a) and (b) |
Sec. 3 |
July 1, 2019 |
New section |
Sec. 4 |
October 1, 2018 |
New section |
Sec. 5 |
July 1, 2018 |
53a-192a |
Sec. 6 |
October 1, 2018 |
54-250(11) |
Sec. 7 |
October 1, 2018 |
Repealer section |
Statement of Legislative Commissioners:
In Section 2, the language concerning new appointments was clarified, and in Section 3(b), the language was clarified by specifying provisions under which such persons are licensed, registered or certified.
JUD |
Joint Favorable Subst. |