Substitute House Bill No. 5680
AN ACT CONCERNING PENALTIES FOR SEXUAL ASSAULT OF A MINOR, CIVIL AND CRIMINAL STATUTES OF LIMITATIONS IN SEXUAL ASSAULT CASES, REPORTING AND INVESTIGATION OF CHILD ABUSE AND NEGLECT, DISCLOSURE OF RECORDS OF TEACHER MISCONDUCT AND ESTABLISHMENT OF SEXUAL OFFENDER RISK ASSESSMENT BOARDS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-193a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any offense committed on or after said date):
Notwithstanding the provisions of section 54-193, no person may be prosecuted for any offense, except a class A felony, involving sexual abuse, sexual exploitation or sexual assault of a minor except within [two] thirty years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state's attorney acting in [his] such police officer's or state's attorney's official capacity of the commission of the offense, whichever is earlier, provided [in no event shall such period of time be less than five years after the commission of the offense] if the prosecution is for a violation of subdivision (1) of subsection (a) of section 53a-71, as amended by this act, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
Sec. 2. Section 52-577d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any cause of action arising from an incident committed prior to, on or after said date):
Notwithstanding the provisions of section 52-577, no action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person later than [seventeen] thirty years from the date such person attains the age of majority.
Sec. 3. (NEW) (Effective from passage and applicable to any cause of action arising from an incident committed prior to, on or after said date) Notwithstanding the provisions of sections 52-577 and 52-577d of the general statutes, as amended by this act, an action to recover damages for personal injury caused by sexual assault may be brought at any time after the date of the act complained of if the party legally at fault for such injury has been convicted of a violation of section 53a-70 or 53a-70a of the general statutes.
Sec. 4. Section 53-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(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.
(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. 5. Section 53a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(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, as amended by this act, 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) [Sexual] 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. [, and any]
(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.
(3) 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. 6. Section 53a-70a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(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, as amended by this act, 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. [and any] 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, [and] except that, if such person committed sexual assault in the first degree by violating subdivision (1) of subsection (a) of section 53a-70, as amended by this act, and the victim of the offense is under sixteen years of age, twenty years of the sentence imposed 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 [which together constitute a sentence of twenty years] of at least five years.
Sec. 7. Section 53a-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(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.
(b) Sexual assault in the second degree is a class C felony [for] or, if the victim of the offense is under sixteen years of age, a class B felony, and any person found guilty under this section 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.
Sec. 8. Section 53a-72a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(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 assault in the third degree is a class D felony or, if the victim of the offense is under sixteen years of age, a class C felony.
Sec. 9. Section 53a-72b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(a) A person is guilty of sexual assault in the third degree with a firearm when such person commits sexual assault in the third degree as provided in section 53a-72a, as amended by this act, and in the commission of such offense, 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 pistol, revolver, machine gun, rifle, shotgun or other firearm. No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Sexual assault in the third degree with a firearm is a class C felony [for] or, if the victim of the offense is under sixteen years of age, a class B felony, and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court [and 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 ten years.
Sec. 10. Section 53a-73a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(a) A person is guilty of sexual assault in the fourth degree when: (1) Such person intentionally subjects another person to sexual contact who is (A) under fifteen years of age, or (B) mentally defective or mentally incapacitated to the extent that [he] such other person is unable to consent to such sexual contact, or (C) physically helpless, or (D) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (E) 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 (2) such person subjects another person to sexual contact without such other person's consent; or (3) such person engages in sexual contact with an animal or dead body; or (4) such person is a psychotherapist and subjects another person to sexual contact who is (A) a patient of the actor and the sexual contact occurs during the psychotherapy session, or (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 contact occurs by means of therapeutic deception; or (5) such person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a health care professional; or (6) such person is a school employee and subjects another person to sexual contact who 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.
(b) Sexual assault in the fourth degree is a class A misdemeanor or, if the victim of the offense is under sixteen years of age, a class D felony.
Sec. 11. Section 17a-93 of the general statutes is amended by adding subsection (o) as follows (Effective October 1, 2002):
(NEW) (o) "Person entrusted with the care of a child or youth" means a person given access to a child or youth by a person responsible for the health, welfare or care of a child or youth for the purpose of providing education, child care, counseling, spiritual guidance, coaching, training, instruction, tutoring or mentoring of such child or youth.
Sec. 12. Section 17a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(a) The public policy of this state is: To protect children whose health and welfare may be adversely affected through injury and neglect; to strengthen the family and to make the home safe for children by enhancing the parental capacity for good child care; to provide a temporary or permanent nurturing and safe environment for children when necessary; and for these purposes to require the reporting of suspected child abuse, investigation of such reports by a social agency, and provision of services, where needed, to such child and family.
(b) The following persons shall be mandated reporters: Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, licensed practical nurse, medical examiner, dentist, dental hygienist, psychologist, school teacher, school principal, school guidance counselor, school paraprofessional, school coach, social worker, police officer, [clergyman] juvenile or adult probation officer, juvenile or adult parole officer, member of the clergy, pharmacist, physical therapist, optometrist, chiropractor, podiatrist, mental health professional or physician assistant, any person who is a licensed or certified emergency medical services provider, any person who is a licensed [substance abuse] or certified alcohol and drug counselor, any person who is a licensed marital and family therapist, any person who is a sexual assault counselor or a battered women's counselor as defined in section 52-146k, any person who is a licensed professional counselor, any person paid to care for a child in any public or private facility, child day care center, group day care home or family day care home licensed by the state, any employee of the Department of Children and Families, any employee of the Department of Public Health who is responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps, the Child Advocate and any employee of the Office of Child Advocate.
(c) The Commissioner of Children and Families shall develop an educational training program for the accurate and prompt identification and reporting of child abuse and neglect. Such training program shall be made available to all persons mandated to report child abuse and neglect at various times and locations throughout the state as determined by the Commissioner of Children and Families.
(d) Any mandated reporter, as defined in subsection (b) of this section, who fails to report to the Commissioner of Children and Families pursuant to section 17a-101a, as amended by this act, shall be required to participate in an educational and training program established by the commissioner. The program may be provided by one or more private organizations approved by the commissioner, provided the entire costs of the program shall be paid from fees charged to the participants, the amount of which shall be subject to the approval of the commissioner.
Sec. 13. Section 17a-101a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
Any mandated reporter, as defined in section 17a-101, as amended by this act, who in [his professional capacity] the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years (1) has been abused or neglected, as defined in section 46b-120, [or] (2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon [him by a person responsible for such child's health, welfare or care or by a person given access to such child by such responsible person] such child, or (3) is placed at imminent risk of serious harm, [by an act or failure to act on the part of such responsible person, or has been neglected, as defined in section 46b-120,] shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive, as amended by this act. Any person required to report under the provisions of this section who fails to make such report shall be fined not more than five hundred dollars and shall be required to participate in an educational and training program pursuant to subsection (d) of section 17a-101, as amended by this act.
Sec. 14. Section 17a-101b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(a) An oral report shall be made by a mandated reporter [within twenty-four hours of having] as soon as practicable but not later than twelve hours after the mandated reporter has reasonable cause to suspect or believe that a child has been abused or neglected or placed in imminent risk of serious harm, by telephone or in person to the Commissioner of Children and Families or a law enforcement agency. If a law enforcement agency receives an oral report, it shall immediately notify the Commissioner of Children and Families.
(b) If the commissioner or [his representative] the commissioner's designee suspects or knows that such person has knowingly made a false report, the identity of such person shall be disclosed to the appropriate law enforcement agency and to the perpetrator of the alleged abuse.
(c) If the Commissioner of Children and Families, or [his] the commissioner's designee, receives a report alleging sexual abuse or serious physical abuse, including, but not limited to, a report that: (1) A child has died; (2) a child has been sexually assaulted; (3) a child has suffered brain damage [,] or loss or serious impairment of a bodily function or organ; (4) a child has been sexually exploited; or (5) a child has suffered serious nonaccidental physical injury, [he] the commissioner shall, within [twenty-four] twelve hours of receipt of such report, notify the appropriate law enforcement agency.
(d) [When] Whenever a mandated reporter, as defined in section 17a-101, as amended by this act, has reasonable cause to suspect or believe that any child has been abused or neglected by a member of the staff of a public or private institution or facility that provides care for such child or a public or private school, [he] the mandated reporter shall report as required in subsection (a) of this section. [and shall also] The Commissioner of Children and Families or the commissioner's designee shall notify the person in charge of such institution, facility or school [or facility] or the person's designee, unless such person is the alleged perpetrator of the abuse or neglect of such child. Such person in charge, or [his] such person's designee, shall then immediately notify the child's parent or other person responsible for the child's care that a report has been made.
Sec. 15. Subsection (a) of section 17a-101g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(a) Upon receiving a report of child abuse or neglect, as provided in sections 17a-101a to 17a-101c, inclusive, as amended by this act, or section 17a-103, in which the alleged perpetrator is (1) a person responsible for such child's health, welfare or care, (2) a person given access to such child by such responsible person, or (3) a person entrusted with the care of a child, the Commissioner of Children and Families, or [his] the commissioner's designee, shall cause the report to be classified and evaluated immediately. If the report contains sufficient information to warrant an investigation, the commissioner shall make [his] the commissioner's best efforts to commence an investigation of a report concerning an imminent risk of physical harm to a child or other emergency within two hours of receipt of the report and shall commence an investigation of all other reports within seventy-two hours of receipt of the report. The department shall complete any such investigation within thirty calendar days of receipt of the report. If the report is a report of child abuse or neglect in which the alleged perpetrator is not a person specified in subdivision (1), (2) or (3) of this subsection, the Commissioner of Children and Families shall refer the report to the appropriate local law enforcement authority for the town in which the child resides or in which the alleged abuse or neglect occurred.
Sec. 16. Section 17a-101j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(a) After the investigation has been completed and the Commissioner of Children and Families has reasonable cause to believe that sexual abuse or serious physical abuse of a child has occurred, the commissioner shall notify the appropriate local law enforcement authority and the Chief State's Attorney or [his] the Chief State's Attorney's designee or [a] the state's attorney for the judicial district in which the child resides or in which the abuse or neglect occurred [and to the appropriate local law enforcement authority] of such belief and shall provide a copy of the report required in sections 17a-101a to 17a-101c, inclusive, as amended by this act, and 17a-103.
(b) Whenever a report has been made pursuant to sections 17a-101a to 17a-101c, inclusive, as amended by this act, and 17a-103, alleging that abuse or neglect has occurred at an institution or facility that provides care for children [which] and is subject to licensure by the state for the caring of children, and the Commissioner of Children and Families, after investigation, has reasonable cause to believe abuse or neglect has occurred, the commissioner shall forthwith notify the state agency responsible for such licensure of such institution or facility and provide records, whether or not created by the department, concerning such investigation.
(c) If, after the investigation is completed, the commissioner determines that [the person] a parent or guardian inflicting abuse or neglecting a child is in need of treatment for substance abuse, the commissioner shall refer such person to appropriate treatment services.
Sec. 17. Section 17a-103a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
The Commissioner of Children and Families shall provide a telephone hotline for child abuse that shall be dedicated to receive reports of child abuse. Such hotline shall accept all reports of abuse or neglect regardless of the relationship of the alleged perpetrator to the child who is the alleged victim and regardless of the alleged perpetrator's affiliation with any organization or other entity in any capacity. The commissioner shall classify and evaluate all reports pursuant to the provisions of section 17a-101g, as amended by this act.
Sec. 18. Section 17a-105a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
There shall be within the Division of State Police within the Department of Public Safety a child abuse and neglect unit which, within available resources, shall (1) at the request of the Commissioner of Children and Families or the head of the local law enforcement agency, or [his] such person's designee, assist [such team] a multidisciplinary team established pursuant to section 17a-106a in the investigation of a report of child abuse or neglect, (2) investigate reports of crime involving child abuse or neglect in municipalities in which there is no organized police force, and (3) participate in a mutual support network that shares information and collaborates with local law enforcement agencies.
Sec. 19. (NEW) (Effective from passage) In any action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault, no court shall enter an order or judgment in such action, or approve a settlement of such action, that prohibits or restricts any person from disclosing information concerning such abuse, exploitation or assault to the Commissioner of Children and Families or a law enforcement agency.
Sec. 20. Section 10-151c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
Any records maintained or kept on file by any local or regional board of education which are records of teacher performance and evaluation shall not be deemed to be public records and shall not be subject to the provisions of section 1-210, as amended, provided that any teacher may consent in writing to the release of [his] such teacher's records by a board of education. Such consent shall be required for each request for a release of such records. Notwithstanding any provision of the general statutes, records maintained or kept on file by any local or regional board of education which are records of the personal misconduct of a teacher shall be deemed to be public records and shall be subject to disclosure pursuant to the provisions of subsection (a) of section 1-210. Disclosure of such records of a teacher's personal misconduct shall not require the consent of the teacher. For the purposes of this section, [the term] "teacher" [shall include] includes each certified professional employee below the rank of superintendent employed by a board of education in a position requiring a certificate issued by the State Board of Education.
Sec. 21. (NEW) (Effective from passage) (a) There is established an advisory committee to make recommendations concerning: (1) The establishment of one or more sexual offender risk assessment boards to assess and evaluate adjudicated and nonadjudicated sexual offenders who are in the custody of a state agency or the Judicial Branch, or receiving services from a provider under contract with a state agency or the Judicial Branch, to determine whether such persons pose a risk of engaging in illegal sexual behavior and make recommendations to such state agency and the Judicial Branch concerning the appropriate placement and level of supervision of such persons, and (2) the manner in which a person having a reason to believe that a person in the custody of a state agency or the Judicial Branch, or receiving services from a provider under contract with a state agency or the Judicial Branch, is at risk of engaging in illegal sexual behavior due to such person's placement or level of supervision may report such belief in confidence to a state agency, the Judicial Branch or a sexual offender risk assessment board.
(b) The committee shall be composed of: (1) The following state officials or their designees: The Chief Court Administrator, the Attorney General, the Chief State's Attorney, the Chief Public Defender, the commissioners of Children and Families, Correction, Mental Health and Addiction Services, Mental Retardation, Public Health and Public Safety, the secretary of the Office of Policy and Management, the director of the Office of Protection and Advocacy, the chairperson of the Psychiatric Security Review Board, the chairperson of the Board of Parole, the executive director of the Court Support Services Division, the director of the Office of Victim Services and the Victim Advocate; and (2) a representative from each of the following organizations: Connecticut Sexual Assault Crisis Services, Inc. , Connecticut Police Chiefs Association, Connecticut Association for the Treatment of Sexual Offenders, The Connections, Inc. , Connecticut Psychological Association and American Psychiatric Association. The Secretary of the Office of Policy and Management or the secretary's designee shall serve as chairperson of the advisory committee.
(c) The advisory committee shall report its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to judiciary not later than January 1, 2003, in accordance with the provisions of section 11-4a of the general statutes. The advisory committee shall terminate on the date it submits such report or January 1, 2003, whichever is earlier.
Sec. 22. Subsection (a) of section 52-598 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(a) No execution to enforce a judgment for money damages rendered in any court of this state may be issued after the expiration of twenty years from the date the judgment was entered and no action based upon such a judgment may be instituted after the expiration of twenty-five years from the date the judgment was entered, except that that there shall be no time limitation on the issuance of such execution or the institution of such action if the judgment was rendered in an action to recover damages for personal injury caused by sexual assault where the party legally at fault for such injury was convicted of a violation of section 53a-70 or 53a-70a.
Approved May 23, 2002