Connecticut Seal

General Assembly

 

Bill No. 7086

January Session, 2007

 

LCO No. 4093

 

*04093__________*

Referred to Committee on Judiciary

 

Introduced by:

 

REP. CAFERO, 142nd Dist.

SEN. DELUCA, 32nd Dist.

 

AN ACT CONCERNING REGISTRATION OF SEXUAL OFFENDERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

For the purposes of sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, and sections 6, 7 and 11 of this act:

(1) "Conviction" means a judgment entered by a court 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.

(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-196, 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) "Identifying factors" means fingerprints, a set of palm prints, a photographic image, a copy of a valid motor vehicle operator's license or identity card issued by the Department of Motor Vehicles pursuant to section 1-1k, any scars, marks or tattoos on the registrant's body and a description of any other identifying characteristics as may be required by the Commissioner of Public Safety. 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.

(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) 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) "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) "Registrant" means a person required to register under section 54-251, 54-252, 54-253 or 54-254, as amended by this act, or section 6 or 7 of this act.

(9) "Registry" means a central record system 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, predatory sexual offenses against victims who are minors and predatory sexual offenses against protected or other persons.

(10) "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 or a felony found by the sentencing court to have been committed for a sexual purpose, (A) any release 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 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) release from a hospital for mental illness or a facility for persons with mental retardation by the Psychiatric Security Review Board on conditional release pursuant to section 17a-588 or 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) "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) "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.

(14) "Student" means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any elementary, middle or high school, regional vocational-technical school, charter school, secondary school, trade or professional institution or institution of higher learning.

(15) "Predatory sexual offense against a victim who is a minor" means a criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense or a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, as amended by this act, where (A) the victim of the offense was thirteen years of age or younger at the time of the offense, or (B) the victim was fourteen or fifteen years of age at the time of the offense and the court has made a finding that the offense or offenses were committed in a predatory manner.

(16) "Predatory sexual offense against a protected or other person" means a nonviolent sexual offense, a sexually violent offense or a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, as amended by this act, where (A) at the time of the offense, the victim was sixty years of age or older, blind or physically disabled, as defined in section 1-1f, or pregnant or was a person with mental retardation, as defined in section 1-1g, and the actor was not a person with mental retardation, or (B) the court has made a finding that the offense or offenses were committed in a predatory manner.

(17) "Transient" means a person who has no residence.

(18) "Residence" means a place where a person is living or staying on a regular or temporary basis, such as a shelter or 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.

Sec. 2. Section 54-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) Any person who 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 or a nonviolent sexual offense, and is released into the community on or after October 1, 1998, 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, and whether or not such person's place of residence is in this state, register such person's name, including any alias used by such person, documentation of any court order changing such person's name, such person's identifying factors, such person's Social Security number, such person's criminal history record, [and] such person's residence address, the license plate number and description of any motor vehicle owned or operated by such person and the name and address of any place where such person is or will be employed with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years except that any person who has one or more prior convictions of any such offense, who is so ordered by the court or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70, subdivision (1), (4), (8), (9) or (10) of subsection (a) of section 53a-71, section 53a-90a, 53a-196, 53a-196a or 53a-196b shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a criminal offense against a victim who is a minor or a nonviolent sexual 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. If any person who is subject to registration under this section changes such person's name, such person shall, [without undue delay] within five days, notify the Commissioner of Public Safety 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] within five days, notify the Commissioner of Public Safety 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 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 secondary school, a trade or professional institution or an institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety 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 Public Safety 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 Public Safety.

(b) 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 from the registration requirements of this section if the court finds that such person was under nineteen years of age at the time of the offense and that registration is not required for public safety. If the court orders such an exemption, it shall forward a copy of such order to the Commissioner of Public Safety.

(c) 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 (2) of subsection (a) of section 53a-73a or subdivision (2) of subsection (a) of section 53a-189a, from the registration requirements of this section if the court finds that registration is not required for public safety. If the court orders such an exemption, it shall forward a copy of such order to the Commissioner of Public Safety.

(d) Any person who files an application with the court to be exempted from the registration requirements of this section pursuant to subsection (b) or (c) of this section shall, pursuant to subsection (b) of section 54-227, 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, 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.

(e) Any person who is convicted of a violation of any provision of subsection (a) of this section and has previously been convicted of a violation of said subsection shall maintain the registration required under this section for life.

[(e)] (f) Any person who violates the provisions of subsection (a) 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 Public Safety 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. 3. Subsection (a) of section 54-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a sexually violent offense, and (1) is released into the community on or after October 1, 1988, and prior to October 1, 1998, and resides in this state, shall, on October 1, 1998, or within three days of residing in this state, whichever is later, or (2) is released into the community on or after October 1, 1998, 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 such person's name, including any alias used by such person, documentation of any court order changing such person's name, such person's identifying factors, such person's Social Security number, such person's criminal history record, documentation of any treatment received for mental abnormality or personality disorder, [and] such person's residence address, the license plate number and description of any motor vehicle owned or operated by such person and the name and address of any place where such person is or will be employed with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct, and shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a sexually violent offense, the court shall (A) 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 (B) 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] within five days, notify the Commissioner of Public Safety 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] within five days, notify the Commissioner of Public Safety 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 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 secondary school, a trade or professional institution or an institution of higher learning in this state, such person shall, [without undue delay] within five days, notify the Commissioner of Public Safety 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 Public Safety 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 Public Safety.

Sec. 4. Section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) (1) Any person who has been convicted or found not guilty by reason of mental disease or defect in any other state, in a federal or military court or in any foreign jurisdiction 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) of section 54-250, or (2) which requires registration as a sexual offender in such other state or in the federal or military system, and who resides in this state on and after October 1, 1998, shall notify the Commissioner of Public Safety, in writing, not less than forty-eight hours prior to entering this state of such person's name and date of birth, the state or federal or military jurisdiction where such person is required to register as a sexual offender, the location where such person will reside in this state, the location where such person is an employee or will be an employee and the location where such person is a student or will be a student.

(2) Upon residing in this state, such person shall, without undue delay, [upon residing in this state,] register with the Commissioner of Public Safety 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 system or foreign jurisdiction. A person who registers under this section shall provide the commissioner with such person's name, including any alias used by such person, documentation of any court order changing such person's name, such person's Social Security number, the license plate number and description of any motor vehicle owned or operated by such person and the name and address of any place where such person is or will be employed.

(b) If any person who is subject to registration under this section changes such person's name, such person shall, [without undue delay] within five days, notify the Commissioner of Public Safety 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] within five days, notify the Commissioner of Public Safety 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 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 secondary school, a trade or professional institution or an institution of higher learning in this state, such person shall, [without undue delay] within five days, notify the Commissioner of Public Safety 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 Public Safety 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 Public Safety.

(c) Any person not a resident of this state who is required to be registered as a sexual offender under the laws of any other state and who is employed in this state, carries on a vocation in this state or is a student in this state, shall notify the Commissioner of Public Safety, in writing, not less than forty-eight hours prior to entering this state of such person's name and date of birth, the state or federal or military jurisdiction where such person is required to register as a sexual offender, and the locations where such person will be employed or be a student in this state and shall, without undue delay after the commencement of such employment, vocation or education in this state, register such person's name, any alias used by such person, documentation of any court order changing such person's name, such person's identifying factors, such person's Social Security number, such person's criminal history record, the license plate number and description of any motor vehicle owned or operated by such person, the name and address of any place where such person is or will be employed in this state, locations visited on a recurring basis or residence address, if any, in this state, and residence address in such person's home state with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct 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. If such person terminates such person's employment, vocation or education in this state or changes such person's address in this state such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such termination or new address.

(d) Any person not a resident of this state who is registered as a sexual offender under the laws of any other state and who [travels in this state on a recurring basis for periods of less than five days] will be entering this state shall notify the Commissioner of Public Safety [of] in writing, not less than forty-eight hours prior to entering this state, of such person's name and date of birth, the state where such person is required to register as a sexual offender, the locations where such person will be employed or be a student in this state, such person's temporary residence in this state, the dates when and locations where such person will be traveling to in this state and [of] a telephone number at which such person may be contacted.

(e) Any person who is convicted of a violation of any provision of subsection (a), (b) or (c) of this section and who has previously been convicted of a violation of any of said subsections shall maintain the registration required under this section for life.

(f) Any person who violates subdivision (1) of subsection (a) of this section shall be guilty of a class D felony and subject to immediate arrest.

[(e)] (g) 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 Public Safety without undue delay or notify the Commissioner of Public Safety 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. 5. Section 54-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(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 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, including any alias used by such person, documentation of any court order changing such person's name, such person's identifying factors, such person's Social Security number, such person's criminal history record, [and] such person's residence address, the license plate number and description of any motor vehicle owned or operated by such person and the name and address of any place where such person is employed or will be employed with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and to maintain such registration for ten years. 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] within five days, notify the Commissioner of Public Safety 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] within five days, notify the Commissioner of Public Safety 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 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 secondary school, a trade or professional institution or an institution of higher learning in this state, such person shall, [without undue delay] within five days, notify the Commissioner of Public Safety 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 Public Safety 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 Public Safety.

(b) Any person who is convicted of a violation of subsection (a) of this section and has previously been convicted of a violation of said subsection (a) shall maintain the registration required under this section for life.

[(b)] (c) 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 Public Safety 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. (NEW) (Effective July 1, 2007) (a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a predatory sexual offense against a victim who is a minor, and is released into the community on or after July 1, 2007, shall, not later than three days after 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 such person's name, residence address, identifying factors and criminal history record, the license plate number and description of any vehicle owned or operated by such person and information concerning any treatment received by such person for a mental abnormality or personality disorder with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct, and shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a predatory sexual offense against a victim who is a minor, 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 such person changes such person's name, a motor vehicle owned or operated by such person or the license plate number of any such motor vehicle, such person shall, within five days, register the new name, motor vehicle information or license plate number, in writing, with the Commissioner of Public Safety. If such person changes such person's address, such person shall, within five days, register the new address, in writing, with the Commissioner of Public Safety and, if the new address is in another state, such person shall also register with an appropriate agency in that state. If any person who is subject to registration under this section is employed in this or another state, carries on a vocation in this or another state or is a student in this or another state, such person shall notify the Commissioner of Public Safety, in writing, of such status and, if such person is employed, carries on a vocation or is a student in another state, shall also register with an appropriate agency in that state. 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 Public Safety. 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 youth camp, as defined in section 19a-420 of the general statutes, a provider of child day care services, as defined in section 19a-77 of the general statutes, a public or private educational institution including an elementary, middle or high school, a regional vocational-technical school, a charter school, a secondary school, a trade or professional institution or an institution of higher learning in this state, such person shall notify the Commissioner of Public Safety, in writing, of such status prior to the commencement of such status and shall notify the Commissioner of Public Safety, in writing, of any change in such status.

(b) Any person who violates the provisions of this section shall be guilty of a class D felony.

Sec. 7. (NEW) (Effective July 1, 2007) (a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a predatory sexual offense against a protected or other person, and is released into the community on or after July 1, 2007, shall, not later than three days after 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 such person's name, residence address, identifying factors and criminal history record, the license plate number and description of any vehicle owned or operated by such person and information concerning any treatment received by such person for a mental abnormality or personality disorder with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct, and shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a predatory sexual offense against a protected or other person, 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 such person changes such person's name, a motor vehicle owned or operated by such person or the license plate number of any such motor vehicle, such person shall, within five days, register the new name, motor vehicle information or license plate number, in writing, with the Commissioner of Public Safety. If such person changes such person's address, such person shall, within five days, register the new address, in writing, with the Commissioner of Public Safety and, if the new address is in another state, such person shall also register with an appropriate agency in that state. If any person who is subject to registration under this section is employed in this or another state, carries on a vocation in this or another state or is a student in this or another state, such person shall notify the Commissioner of Public Safety, in writing, of such status and, if such person is employed, carries on a vocation or is a student in another state, shall also register with an appropriate agency in that state. 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 Public Safety. 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 youth camp, as defined in section 19a-420 of the general statutes, a provider of child day care services, as defined in section 19a-77 of the general statutes, a public or private educational institution including an elementary, middle or high school, a regional vocational-technical school, a charter school, a secondary school, a trade or professional institution or an institution of higher learning in this state, such person shall notify the Commissioner of Public Safety, in writing, of such status prior to the commencement of such status and shall notify the Commissioner of Public Safety, in writing, of any change in such status.

(b) Any person who violates the provisions of this section shall be guilty of a class D felony.

Sec. 8. Section 54-255 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(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 Public Safety 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, a predatory sexual offense against a victim who is a minor or a predatory sexual offense against a protected or other person, 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 Public Safety 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 at the time of the offense; (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 Public Safety in accordance with sections 54-250 to 54-258a, inclusive; may petition the court to order the Department of Public Safety 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, 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 or 54-230a, notify any victim who has requested notification pursuant to subsection (b) of section 54-228 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 Public Safety 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) Upon the granting of an order under this section, the court shall forward a copy of such order to the Department of Public Safety.

Sec. 9. Section 54-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) Any court, 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, [or] a felony found by the sentencing court to have been committed for a sexual purpose, a predatory sexual offense against a victim who is a minor or a predatory sexual offense against a protected or other person, except a person being released unconditionally at the conclusion of such person's sentence or commitment, shall require as a condition of such release that such person complete the registration procedure established by the Commissioner of Public Safety under sections 54-251, 54-252 and 54-254, as amended by this act, and sections 6 and 7 of 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 and 54-250 to 54-258a, inclusive, as amended by this act, and sections 6 and 7 of this act, and transmit the completed registration package to the Commissioner of Public Safety 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 Public Safety 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 Public Safety the person's name, date of release into the community, anticipated residence address, if known, criminal history record, any known treatment history and any other relevant information; (2) inform the person that such person has an obligation to register within three days with the Commissioner of Public Safety for a period of ten years following the date of such person's release or for life, as the case may be, and 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 Public Safety 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;] (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 amended by this act, and sections 6 and 7 of this act, 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, as amended by this act, and sections 6 and 7 of this act.

(b) 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, as amended by this act, and sections 6 and 7 of this act, the court shall provide to the Department of Public Safety 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.

Sec. 10. Section 54-257 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Department of Public Safety shall, not later than January 1, 1999, establish and maintain a registry of all persons required to register under sections 54-251, 54-252, 54-253 and 54-254, as amended by this act, and sections 6 and 7 of this act. 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. If a registrant notifies the Department of Public Safety that such registrant 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, the department shall notify the law enforcement agency with jurisdiction over such institution. If a registrant reports a residence in another state, the department shall notify the state police agency of that state or such other agency in that state that maintains registry information, if known. The department shall also transmit all registration information, conviction data, photographic images and fingerprints to the Federal Bureau of Investigation in such form as said bureau shall require for inclusion in a national registry.

(b) The Department of Public Safety may suspend the registration of any person registered under section 54-251, 54-252, 54-253 or 54-254, as amended by this act, and sections 6 and 7 of this act, while such person is incarcerated, under civil commitment 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 or 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 54-253, as amended by this act, or section 6 or 7 of this act. The period during which registration is suspended under this subsection shall be excluded from the period that a registrant is required to maintain his or her registration.

(c) Except as provided in subsection (b) of this section, the Department of Public Safety shall verify the address of each registrant by mailing by first class mail 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 amended by this act, or section 6 or 7 of this act, as the case may be. Each person required to register under section 54-251, 54-252, 54-253 or 54-254, as amended by this act, or section 6 or 7 of this act, shall have such person's address verified in such manner every ninety days after such person's initial registration date, except that any registrant claiming to be transient shall verify such person's transient status thirty calendar days after the date such registrant's initial written notice claiming to be transient was received by the Department of Public Safety, and every thirty days thereafter. Any registrant claiming to be transient shall mail a letter containing the registrant's name and date of birth and a statement that the registrant continues to be transient within a particular town in this state and lists the locations, including the specific town, where the registrant sleeps, eats, works, frequents and engages in leisure activities. If such transient person changes such person's address or transient locations, including changing or adding towns, such person shall, within five days, register the new address or transient location, in writing, with the Department of Public Safety and, if the new address or transient location is in another state, such person shall also register with an appropriate agency in that state. Any person who has reported being transient to the Department of Public Safety who moves to a residence shall notify the department within five days of such change of address. Any registrant residing at an address who becomes transient shall notify the Department of Public Safety, in writing, within five days of commencing such transient status. In the event that a registrant fails to return the address verification form, or fails to verify the registrant's transient status, the Department of Public Safety 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 section 54-251, 54-252, 54-253 or 54-254, as amended by this act, or section 6 or 7 of this act, as the case may be. The Department of Public Safety shall not verify the address of registrants whose last reported address was outside this state. Whenever mail is not delivered to a registrant's residence address due to a restriction of the United States Postal Service, the Commissioner of Public Safety may develop and implement procedures to verify the address of such registrant.

(d) The Department of Public Safety shall include in the registry the most recent photographic image 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, except that the department shall retake the photographic image of a registrant who registered under section 6 or 7 of this act at least once each year.

(e) Whenever the Commissioner of Public Safety 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) The Commissioner of Public Safety 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, 54-253 or 54-254, as amended by this act, or section 6 or 7 of this act, or whenever the commissioner determines pursuant to subsection (e) of this section that a person listed in the registry has changed such person's name.

Sec. 11. (NEW) (Effective July 1, 2007) (a) A person is guilty of aiding a registrant in violation of registration requirements when such person, having reasonable grounds to believe that a registrant, as defined in section 54-250 of the general statutes, as amended by this act, is in violation of the registration requirements under section 54-251, 54-252, 54-253 or 54-254 of the general statutes, as amended by this act, or section 6 or 7 of this act, and 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 the requirements of said sections and, if known, the whereabouts of the registrant; (2) harbors, or 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) provides false information, which such person knows not to be true, 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.

(b) Aiding a registrant in violation of registration requirements is a class D felony.

Sec. 12. Section 53-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(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 class C felony for a violation of subdivision (1) or (3) of this subsection and 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 guilty of a class A felony and sentenced to a term of imprisonment of twenty-five years which 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. 13. Section 53a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of sexual assault in the first degree when such person (1) compels another person to engage in sexual intercourse by 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 against a third person which reasonably causes such person to fear physical injury to such person or a third person, or (2) engages in sexual intercourse with another person and such other person is under thirteen years of age and the actor is more than two years older than such person, or (3) commits sexual assault in the second degree as provided in section 53a-71 and in the commission of such offense is aided by two or more other persons actually present, or (4) engages in sexual intercourse with another person and such other person is mentally incapacitated to the extent that such other person is unable to consent to such sexual intercourse.

(b) (1) Except as provided in subdivision (2) of this subsection, sexual assault in the first degree is a class B felony for which two years of the sentence imposed may not be suspended or reduced by the court. [or, if the victim of the offense is under ten years of age, for which ten years of the sentence imposed may not be suspended or reduced by the court.]

(2) Sexual assault in the first degree is a class A felony if the [offense is a violation of subdivision (1) of subsection (a) of this section and the victim of the offense is under sixteen years of age or the offense is a violation of subdivision (2) of subsection (a) of this section. Any person found guilty under said subdivision (1) or (2) shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court if the victim is under ten years of age or of which five years of the sentence imposed may not be suspended or reduced by the court if the victim is under sixteen years of age] victim of the offense is under sixteen years of age and any person found guilty of such class A felony 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, except that, if the victim of the offense is under thirteen years of age, such person shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court.

(3) [Any] Except as provided in subdivision (2) of this subsection, any person found guilty under this section shall be sentenced to a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of at least ten years.

Sec. 14. Section 53a-70a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of aggravated sexual assault in the first degree when such person commits sexual assault in the first degree as provided in section 53a-70, and in the commission of such offense (1) such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a deadly weapon, (2) with intent to disfigure the victim seriously and permanently, or to destroy, amputate or disable permanently a member or organ of the victim's body, such person causes such injury to such victim, (3) under circumstances evincing an extreme indifference to human life such person recklessly engages in conduct which creates a risk of death to the victim, and thereby causes serious physical injury to such victim, or (4) such person is aided by two or more other persons actually present. No person shall be convicted of sexual assault in the first degree and aggravated sexual assault in the first degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Aggravated sexual assault in the first degree is a class B felony or, if the victim of the offense is under sixteen years of age, a class A felony. Any person found guilty under this section 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, except that, if [such person committed sexual assault in the first degree by violating subdivision (1) of subsection (a) of section 53a-70, and] (1) the victim of the offense is under sixteen years of age, such person shall be sentenced to a term of imprisonment of which twenty years of the sentence imposed may not be suspended or reduced by the court, or (2) the victim of the offense is under thirteen years of age, such person shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court. Any person found guilty under this section shall be sentenced to a period of special parole pursuant to subsection (b) of section 53a-28 of at least five years.

Sec. 15. Section 53a-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and: (1) Such other person is thirteen years of age or older but under sixteen years of age and the actor is more than two years older than such person; or (2) such other person is mentally defective to the extent that such other person is unable to consent to such sexual intercourse; or (3) such other person is physically helpless; or (4) such other person is less than eighteen years old and the actor is such person's guardian or otherwise responsible for the general supervision of such person's welfare; or (5) such other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or (6) the actor is a psychotherapist and such other person is (A) a patient of the actor and the sexual intercourse occurs during the psychotherapy session, (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual intercourse occurs by means of therapeutic deception; or (7) the actor accomplishes the sexual intercourse by means of false representation that the sexual intercourse is for a bona fide medical purpose by a health care professional; or (8) the actor is a school employee and such other person is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor; or (9) the actor is a coach in an athletic activity or a person who provides intensive, ongoing instruction and such other person is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age; or (10) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and such other person is under eighteen years of age.

(b) [Sexual] (1) Except as provided in subdivisions (2) and (3) of this subsection, sexual assault in the second degree is a class C felony [or,] and any person found guilty of such class C felony shall be sentenced to a term of imprisonment of which nine months of the sentence imposed may not be suspended or reduced by the court.

(2) Sexual assault in the second degree is a class B felony if the victim of the offense is thirteen years of age or older but under sixteen years of age, [a class B felony,] and any person found guilty [under this section] of such class B felony shall be sentenced to a term of imprisonment of which nine months of the sentence imposed may not be suspended or reduced by the court.

(3) Sexual assault in the second degree is a class A felony if the victim of the offense is under thirteen years of age, and any person found guilty of such class A felony shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court.

Sec. 16. Section 53a-72a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of sexual assault in the third degree when such person (1) compels another person to submit to sexual contact (A) by the use of force against such other person or a third person, or (B) by the threat of use of force against such other person or against a third person, which reasonably causes such other person to fear physical injury to himself or herself or a third person, or (2) engages in sexual intercourse with another person whom the actor knows to be related to him or her within any of the degrees of kindred specified in section 46b-21.

(b) [Sexual] (1) Except as provided in subdivisions (2) and (3) of this subsection, sexual assault in the third degree is a class D felony. [or,]

(2) Sexual assault in the third degree is a class C felony if the victim of the offense is thirteen years of age or older but under sixteen years of age. [, a class C felony.]

(3) Sexual assault in the third degree is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court.

Sec. 17. Section 53a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of promoting prostitution in the first degree when [he] such person knowingly: (1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from coercive conduct by another; or (2) advances or profits from prostitution of a person less than sixteen years old.

(b) [Promoting] (1) Except as provided in subdivision (2) of this subsection, promoting prostitution in the first degree is a class B felony.

(2) Promoting prostitution in the first degree is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court.

Sec. 18. Section 53a-87 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of promoting prostitution in the second degree when [he] such person knowingly: (1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes; or (2) advances or profits from prostitution of a person less than eighteen years old.

(b) [Promoting] (1) Except as provided in subdivision (2) of this subsection, promoting prostitution in the second degree is a class C felony.

(2) Promoting prostitution in the second degree is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court.

Sec. 19. Section 53a-90a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of enticing a minor when such person uses an interactive computer service to knowingly persuade, induce, entice or coerce any person under sixteen years of age to engage in prostitution or sexual activity for which the actor may be charged with a criminal offense. For purposes of this section, "interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.

(b) [Enticing] (1) Except as provided in subdivision (2) of this subsection, enticing a minor is a class D felony for a first offense, a class C felony for a second offense and a class B felony for any subsequent offense.

(2) Enticing a minor is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court.

Sec. 20. Section 53a-196 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of obscenity as to minors when [he] such person knowingly promotes to a minor, for monetary consideration, any material or performance which is obscene as to minors.

(b) For purposes of this section, "knowingly" means having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry as to (1) the character and content of any material or performance which is reasonably susceptible of examination by such person and (2) the age of the minor.

(c) In any prosecution for obscenity as to minors, it shall be an affirmative defense that the defendant made (1) a reasonable mistake as to age, and (2) a reasonable bona fide attempt to ascertain the true age of such minor, by examining a draft card, driver's license, birth certificate or other official or apparently official document, exhibited by such minor, purporting to establish that such minor was seventeen years of age or older.

(d) [Obscenity] (1) Except as provided in subdivision (2) of this subsection, obscenity as to minors is a class D felony.

(2) Obscenity as to minors is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court.

Sec. 21. Section 53a-196a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of employing a minor in an obscene performance when (1) [he] such person employs any minor, whether or not such minor receives any consideration, for the purpose of promoting any material or performance which is obscene as to minors, notwithstanding that such material or performance is intended for an adult audience, or (2) [he] such person permits any such minor to be employed, whether or not such minor receives any consideration, in the promotion of any material or performance which is obscene as to minors, notwithstanding that such material or performance is intended for an adult audience, and [he] such person is the parent or guardian of such minor or otherwise responsible for the general supervision of such minor's welfare.

(b) Employing a minor in an obscene performance is a class A felony, provided, if the victim of the offense is under thirteen years of age, any person found guilty under this section shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court.

Sec. 22. Section 53a-196b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A person is guilty of promoting a minor in an obscene performance when [he] such person knowingly promotes any material or performance in which a minor is employed, whether or not such minor receives any consideration, and such material or performance is obscene as to minors notwithstanding that such material or performance is intended for an adult audience.

(b) For purposes of this section, "knowingly" means having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry as to (1) the character and content of any material or performance which is reasonably susceptible of examination by such person and (2) the age of the minor employed.

(c) [Promoting] (1) Except as provided in subdivision (2) of this subsection, promoting a minor in an obscene performance is a class B felony.

(2) Promoting a minor in an obscene performance is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court.

Sec. 23. Section 53a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(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, 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, a predatory sexual offense against a victim who is a minor or a predatory sexual offense against a protected or other person, 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 Public Safety when required pursuant to section 54-251, 54-252 or 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.

(b) Notwithstanding the provisions of subsection (a) of this section, when imposing sentence of probation or conditional discharge for any violation of section 53a-70, 53a-70a, 53a-71, 53a-90a, 53a-196 or 53a-196b, as amended by this act, the court shall, as a condition of the sentence, order that the defendant be subject to electronic monitoring which shall include the use of a global positioning system.

[(b)] (c) When a defendant has been sentenced to a period of probation, the Court Support Services Division may require that the defendant comply with any or all conditions which the court could have imposed under subsection (a) of this section or was required to impose under subsection (b) of this section which are not inconsistent with any condition actually imposed by the court.

[(c)] (d) At any time during the period of probation or conditional discharge, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.

[(d)] (e) The period of participation in an alternate incarceration program, unless terminated sooner, shall not exceed the period of probation authorized by section 53a-29 or two years, whichever is less.

[(e)] (f) The court may require that the person subject to electronic monitoring pursuant to subsection (a) or (b) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs. Any contract entered into by the judicial branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed six dollars per day. Such amount shall be indexed annually to reflect the rate of inflation.

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

Section 1

July 1, 2007

54-250

Sec. 2

July 1, 2007

54-251

Sec. 3

July 1, 2007

54-252(a)

Sec. 4

July 1, 2007

54-253

Sec. 5

July 1, 2007

54-254

Sec. 6

July 1, 2007

New section

Sec. 7

July 1, 2007

New section

Sec. 8

July 1, 2007

54-255

Sec. 9

July 1, 2007

54-256

Sec. 10

July 1, 2007

54-257

Sec. 11

July 1, 2007

New section

Sec. 12

July 1, 2007

53-21

Sec. 13

July 1, 2007

53a-70

Sec. 14

July 1, 2007

53a-70a

Sec. 15

July 1, 2007

53a-71

Sec. 16

July 1, 2007

53a-72a

Sec. 17

July 1, 2007

53a-86

Sec. 18

July 1, 2007

53a-87

Sec. 19

July 1, 2007

53a-90a

Sec. 20

July 1, 2007

53a-196

Sec. 21

July 1, 2007

53a-196a

Sec. 22

July 1, 2007

53a-196b

Sec. 23

July 1, 2007

53a-30

Statement of Purpose:

To implement the Governor's budget recommendations.

[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.]