Bill Text: CT SB01158 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Concerning Victims Of Sexual Exploitation And Human Trafficking.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-06-04 - Senate Recommitted to Judiciary [SB01158 Detail]
Download: Connecticut-2013-SB01158-Comm_Sub.html
General Assembly |
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January Session, 2013 |
*_____SB01158JUD___041913____* |
AN ACT CONCERNING VICTIMS OF SEXUAL EXPLOITATION AND HUMAN TRAFFICKING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-36p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(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) of subsection (a) of section 53-21 or section 53a-86, 53a-87, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, [or] 53a-196c or 53a-196i;
(2) All property constituting the proceeds obtained, directly or indirectly, from a violation of subdivision (3) of subsection (a) of section 53-21 or section 53a-86, 53a-87, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, [or] 53a-196c or 53a-196i;
(3) All property derived from the proceeds obtained, directly or indirectly, from any sale or exchange for pecuniary gain from a violation of subdivision (3) of subsection (a) of section 53-21 or section 53a-86, 53a-87, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, [or] 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 for pecuniary gain of subdivision (3) of subsection (a) of section 53-21 or section 53a-86, 53a-87, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, [or] 53a-196c or 53a-196i.
(b) Not later than ninety days after the seizure of moneys or property subject to forfeiture pursuant to subsection (a) of this section, in connection with a lawful criminal arrest or a lawful search, the Chief State's Attorney or a deputy chief state's attorney, state's attorney or assistant or deputy assistant state's attorney may petition the court in the nature of a proceeding in rem to order forfeiture of such moneys or property. Such proceeding shall be deemed a civil suit in equity in which the state shall have the burden of proving all material facts by clear and convincing evidence. The court shall identify the owner of such moneys or property and any other person as appears to have an interest therein, and order the state to give notice to such owner and any interested person, including any victim of the crime with respect to which such moneys or property were seized, by certified or registered mail. The court shall promptly, but not less than two weeks after such notice, hold a hearing on the petition. No testimony offered or evidence produced by such owner or interested person at such hearing and no evidence discovered as a result of or otherwise derived from such testimony or evidence may be used against such owner or interested person in any proceeding, except that no such owner or interested person shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. At such hearing, the court shall hear evidence and make findings of fact and enter conclusions of law and shall issue a final order from which the parties shall have such right of appeal as from a decree in equity.
(c) No moneys or property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such moneys or property was being used or was intended to be used in, or was derived from, criminal activity.
(d) Notwithstanding the provisions of subsection (a) of this section, no moneys or property used or intended to be used by the owner thereof to pay legitimate attorney's fees in connection with his or her defense in a criminal prosecution shall be subject to forfeiture under this section.
(e) Any property ordered forfeited pursuant to subsection (b) of this section shall be sold at public auction conducted by the Commissioner of Administrative Services or the commissioner's designee.
(f) The proceeds from any sale of property under subsection (e) of this section and any moneys forfeited under this section shall be applied: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) to payment of any costs incurred for the storage, maintenance, security and forfeiture of any such property; and (3) to payment of court costs. The balance, if any, shall be deposited in the [General Fund] Criminal Injuries Compensation Fund established in section 54-215.
Sec. 2. Section 54-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The Office of the Chief Court Administrator shall develop a concise, bilingual card or brochure concerning information to victims of crime concerning their rights as victims and any services available to them. The Office of Victim Services shall distribute such cards or brochures to municipalities and the state police who shall distribute such cards or brochures to crime victims.
(b) The Office of the Chief Court Administrator shall develop a concise, bilingual notice concerning services available to victims of human trafficking. Such notice shall indicate that any person who is forced to engage in any activity and who cannot leave may contact a state or federal anti-trafficking hotline, and shall indicate the toll-free telephone numbers for such hotlines. The office shall make copies of such notice available to persons who are required to post such notice pursuant to section 3 of this act.
Sec. 3. (NEW) (Effective October 1, 2013) (a) On and after the date a notice is developed and made available pursuant to subsection (b) of section 54-222 of the general statutes, as amended by this act, each truck stop and each person who holds an on-premises consumption permit for the retail sale of alcoholic liquor pursuant to title 30 of the general statutes shall post the notice in plain view in a conspicuous location where sales are to be carried on. For the purposes of this section, "truck stop" means a privately-owned and operated facility where food, fuel, lawful overnight truck parking and shower and laundry facilities are offered.
(b) The provisions of subsection (a) of this section shall not apply to any person who holds an on-premises consumption permit for the retail sale of alcoholic liquor pursuant to title 30 of the general statutes that consists of only one or more of the following: (1) A caterer, railroad, boat, airline, military, charitable organization, special club, temporary liquor or temporary beer permit, (2) a restaurant permit, restaurant permit for beer, restaurant permit for wine and beer or cafe permit, or (3) a manufacturer permit for a farm winery, a manufacturer permit for beer, manufacturer permits for beer and brew pubs, or any other manufacturer permit issued under title 30 of the general statutes.
Sec. 4. (Effective from passage) The Office of Victim Services shall conduct an analysis of the compensation and restitution services provided to victims of sexual exploitation and human trafficking under sections 54-201 to 54-235, inclusive, of the general statutes, and shall determine whether amendments to said sections may be enacted to enhance such compensation and services in order to address the needs of such victims. Not later than January 15, 2014, the office shall submit a report, in accordance with section 11-4a of the general statutes, on its analysis and recommended amendments to the general statutes to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2013 |
54-36p |
Sec. 2 |
October 1, 2013 |
54-222 |
Sec. 3 |
October 1, 2013 |
New section |
Sec. 4 |
from passage |
New section |
JUD |
Joint Favorable Subst. |