Connecticut Seal

General Assembly

File No. 425

    February Session, 2016

Substitute House Bill No. 5621

House of Representatives, April 4, 2016

The Committee on Judiciary reported through REP. TONG of the 147th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING HUMAN TRAFFICKING.

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

Section 1. Section 46a-170 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) There is established a Trafficking in Persons Council that shall be within the Permanent Commission on the Status of Women for administrative purposes only.

(b) The council shall consist of the following members: (1) The Chief State's Attorney, or a designee; (2) the Chief Public Defender, or a designee; (3) the Commissioner of Emergency Services and Public Protection, or the commissioner's designee; (4) the Labor Commissioner, or the commissioner's designee; (5) the Commissioner of Social Services, or the commissioner's designee; (6) the Commissioner of Public Health, or the commissioner's designee; (7) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (8) the Commissioner of Children and Families, or the commissioner's designee; (9) the Commissioner of Consumer Protection, or the commissioner's designee; (10) the director of the Basic Training Division of the Police Officer Standards and Training Council, or the director's designee; (11) the Child Advocate, or the Child Advocate's designee; [(10)] (12) the Victim Advocate, or the Victim Advocate's designee; [(11)] (13) the chairperson of the Permanent Commission on the Status of Women, or the chairperson's designee; [(12)] (14) one representative of the Office of Victim Services of the Judicial Branch appointed by the Chief Court Administrator; [(13)] (15) a municipal police chief appointed by the Connecticut Police Chiefs Association, or a designee; and [(14)] (16) nine public members appointed as follows: The Governor shall appoint three members, one of whom shall represent Connecticut Sexual Assault Crisis Services, Inc., one of whom shall represent victims of commercial exploitation of children, and one of whom shall represent sex trafficking victims who are children, the president pro tempore of the Senate shall appoint one member who shall represent an organization that provides civil legal services to low-income individuals, the speaker of the House of Representatives shall appoint one member who shall represent the Connecticut Coalition Against Domestic Violence, the majority leader of the Senate shall appoint one member who shall represent an organization that deals with behavioral health needs of women and children, the majority leader of the House of Representatives shall appoint one member who shall represent an organization that advocates on social justice and human rights issues, the minority leader of the Senate shall appoint one member who shall represent the Connecticut Immigrant and Refugee Coalition, and the minority leader of the House of Representatives shall appoint one member who shall represent the Motor Transport Association of Connecticut, Inc.

(c) The chairperson of the Permanent Commission on the Status of Women shall serve as chairperson of the council. The members of the council shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(d) The council shall: (1) Hold meetings to provide updates and progress reports, (2) [identify criteria for providing services to adult trafficking victims, (3) identify criteria for providing services to children of trafficking victims] coordinate the collection, analysis and dissemination of data regarding human trafficking, and [(4)] (3) consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent trafficking, protect and assist victims of trafficking and prosecute traffickers. The council shall meet at least three times per year.

(e) The council may request data and other information from state and local agencies to carry out its duties under this section.

(f) Not later than January 1, 2008, and annually thereafter, the council shall submit a report of its activities, including any recommendations for legislation, to the General Assembly in accordance with section 11-4a.

(g) For the purposes of this section, "trafficking" means all acts involved in the recruitment, abduction, transport, harboring, transfer, sale or receipt of persons, within national or across international borders, through force, coercion, fraud or deception, to place persons in situations of slavery or slavery-like conditions, forced labor or services, such as forced prostitution or sexual services, domestic servitude, bonded sweatshop labor or other debt bondage.

Sec. 2. (NEW) (Effective from passage) (a) Not later than October 1, 2016, and annually thereafter, each state's attorney and each municipal chief of police shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and children on: (1) All participation in federal, state-wide or regional anti-human trafficking efforts, (2) the number of referrals made relating to allegations of human trafficking, (3) the criteria used when deciding whether to investigate allegations of human trafficking or initiate criminal proceedings related to human trafficking, (4) coordination of efforts between the Office of the Chief State's Attorney and municipal police departments concerning human trafficking cases, (5) the nature of annual training provided by each state's attorney and municipal police department concerning human trafficking, (6) obstacles to investigating human trafficking, (7) the number of investigations involving missing children, (8) the number of referrals from the Department of Children and Families relating to human trafficking, and (9) the number of human trafficking cases referred for prosecution.

(b) In addition, each state's attorney shall include with such report (1) the number of human trafficking cases that resulted in convictions, and (2) the final disposition of all human trafficking cases, including those cases that were appealed. Data and information provided pursuant to this section shall be for the twelve-month period preceding the date of the report.

Sec. 3. (NEW) (Effective October 1, 2016) The operator of each hotel, motel, inn or similar lodging shall maintain a record-keeping system of all guest transactions and receipts. All records maintained pursuant to this section shall be retained by the operator of such hotel, motel, inn or similar lodging for not less than six months from the date of creation of the record.

Sec. 4. (NEW) (Effective October 1, 2016) The Commissioner of Children and Families, in consultation with the Commissioner of Emergency Services and Public Protection, shall develop an educational training program and refresher training program for the accurate and prompt identification and reporting of suspected human trafficking. The training program shall include a video presentation, developed and approved by said commissioners, that offers guidance to employees of hotels, motels, inns and similar lodgings on the (1) recognition of potential victims of human trafficking, and (2) activities commonly associated with human trafficking.

Sec. 5. (NEW) (Effective October 1, 2016) (a) The operator of each hotel, motel, inn or similar lodging shall ensure that each employee of such hotel, motel, inn or similar lodging receive annual training on the (1) recognition of potential victims of human trafficking, and (2) activities commonly associated with human trafficking. On or before October 1, 2017, and annually thereafter, the operator of each hotel, motel, inn or similar lodging shall certify to the Department of Children and Families that each employee of any such establishment has received the annual training prescribed by this section.

(b) Any operator of a hotel, motel, inn or similar lodging who fails to comply with the provisions of this section shall be guilty of a class A misdemeanor.

Sec. 6. Section 53a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person [sixteen] eighteen years of age or older is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor was a victim of conduct by another person that constitutes (1) a violation of section 53a-192a, or (2) a criminal violation of 18 USC Chapter 77, as amended from time to time.

[(c) In any prosecution of a person sixteen or seventeen years of age for an offense under this section, there shall be a presumption that the actor was a victim of conduct by another person that constitutes (1) a violation of section 53a-192a, or (2) a criminal violation of 18 USC Chapter 77, as amended from time to time.]

[(d)] (c) Nothing in this section shall limit a person's right to assert the defense of duress pursuant to section 53a-14 in any prosecution for an offense under this section.

[(e)] (d) Prostitution is a class A misdemeanor.

Sec. 7. Section 53a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of patronizing a prostitute when: (1) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) he pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) he solicits or requests another person to engage in sexual conduct with him in return for a fee.

(b) Except as provided in subsection (c) of this section, patronizing a prostitute is a class A misdemeanor and any person found guilty shall be fined two thousand dollars.

(c) Patronizing a prostitute is a class C felony if [such person knew or reasonably should have known at the time of the offense that] such other person (1) had not attained eighteen years of age, or (2) was the victim of conduct of another person that constitutes (A) trafficking in persons in violation of section 53a-192a, or (B) a criminal violation of 18 USC Chapter 77, as amended from time to time.

Sec. 8. Section 53a-83a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of patronizing a prostitute from a motor vehicle when he, while occupying a motor vehicle: (1) Pursuant to a prior understanding, pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) solicits or requests another person to engage in sexual conduct with him in return for a fee; or (4) engages in sexual conduct for which a fee was paid or agreed to be paid.

(b) Patronizing a prostitute from a motor vehicle is a class A misdemeanor and any person found guilty shall be fined two thousand dollars.

Sec. 9. Section 53a-90a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(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] eighteen 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) (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 B felony if the victim of the offense is under thirteen years of age and any person found guilty of such class B felony shall, for a first offense, 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, for any subsequent offense, be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court.

Sec. 10. Section 54-234a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) [On and after the date a notice is developed and made available pursuant to subsection (b) of section 54-222, each truck stop] The operator of any publicly or privately operated highway service plaza, any hotel, motel, inn or similar lodging or any business that sells or offers for sale materials or promotes performances intended for an adult-only audience and each person who holds an on-premises consumption permit for the retail sale of alcoholic liquor pursuant to title 30 shall post the notice developed pursuant to subsection (b) of section 54-222 in plain view in a conspicuous location where sales are to be carried on. [For the purposes of this section, "truck stop" means a privately owned and operated facility where food, fuel, lawful overnight truck parking and shower and laundry facilities are offered.]

(b) The provisions of subsection (a) of this section shall not apply to any person who holds an on-premises consumption permit for the retail sale of alcoholic liquor pursuant to title 30 that consists of only one or more of the following: (1) A caterer, railroad, boat, airline, military, charitable organization, special club, temporary liquor or temporary beer permit, [(2) a restaurant permit, restaurant permit for beer, restaurant permit for wine and beer or cafe permit, or (3)] or (2) a manufacturer permit for a farm winery, a manufacturer permit for beer, manufacturer permits for beer and brew pubs, or any other manufacturer permit issued under title 30.

Sec. 11. Subsection (a) of section 54-36p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) The following property shall be subject to forfeiture to the state pursuant to subsection (b) of this section:

(1) All moneys used, or intended for use, in a violation of subdivision (3) of subsection (a) of section 53-21 or section [53a-82,] 53a-86, 53a-87, 53a-88, 53a-90a, as amended by this act, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, 53a-196c or 53a-196i;

(2) All property constituting the proceeds obtained, directly or indirectly, from a violation of subdivision (3) of subsection (a) of section 53-21 or section [53a-82,] 53a-86, 53a-87, 53a-88, 53a-90a, as amended by this act, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, 53a-196c or 53a-196i;

(3) All property derived from the proceeds obtained, directly or indirectly, from a violation of subdivision (3) of subsection (a) of section 53-21 or section [53a-82,] 53a-86, 53a-87, 53a-88, 53a-90a, as amended by this act, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, 53a-196c or 53a-196i;

(4) All property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation of subdivision (3) of subsection (a) of section 53-21 or section [53a-82] 53a-83, as amended by this act, 53a-83a, as amended by this act, 53a-86, 53a-87, 53a-88, 53a-90a, as amended by this act, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, 53a-196c or 53a-196i.

Sec. 12. (NEW) (Effective October 1, 2016) Any fine collected pursuant to subsection (b) of section 53a-83 of the general statutes, as amended by this act, and subsection (b) of section 53a-83a of the general statutes, as amended by this act, shall be used for the purposes of investigations conducted by the Division of State Police or a municipal police department, or both, of prostitution or human trafficking.

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

Section 1

October 1, 2016

46a-170

Sec. 2

from passage

New section

Sec. 3

October 1, 2016

New section

Sec. 4

October 1, 2016

New section

Sec. 5

October 1, 2016

New section

Sec. 6

October 1, 2016

53a-82

Sec. 7

October 1, 2016

53a-83

Sec. 8

October 1, 2016

53a-83a

Sec. 9

October 1, 2016

53a-90a

Sec. 10

October 1, 2016

54-234a

Sec. 11

October 1, 2016

54-36p(a)

Sec. 12

October 1, 2016

New section

JUD

Joint Favorable Subst.

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 17 $

FY 18 $

Emergency Services and Public Protection, Dept.

GF - Revenue Gain

See Below

See Below

Department of Emergency Services and Public Protection; Consumer Protection, Dept.

GF - Potential Cost

Minimal

Minimal

Resources of the General Fund

GF - Revenue Gain/Loss

Minimal

Minimal

Correction, Dept.; Judicial Dept. (Probation)

GF - Potential Cost/Revenue Loss

See Below

See Below

Note: GF=General Fund

Municipal Impact:

Municipalities

Effect

FY 17 $

FY 18 $

Municipal Police Departments

Revenue Gain

See Below

See Below

Explanation

The bill, which increases the membership of the Trafficking in Persons Council from 22 to 24 members, may result in minimal costs to those agency staff for mileage expenses.

The bill makes various changes to criminal statutes regarding prostitution, human trafficking, and enticing a minor. To the extent that offenders are prosecuted for new or expanded offenses under this bill, potential costs for incarceration or probation supervision in the community, or judicial revenue would result.  On average, it costs the state $7,260 (including benefits) to supervise an inmate in the community as opposed to $61,320 (including benefits) to incarcerate an offender. The bill also specifies that fine revenue for certain crimes be dedicated to investigating cases of human trafficking.

The bill makes changes to specified forfeiture laws concerning sexual exploitation and is anticipated to result in potential minimal revenue gain. While the bill allows all money and property (including motor vehicles) seized on the arrested person to be forfeited to the state, based on current arrests it is anticipated that it will generate minimal revenue as most of these crimes do not occur in owner vehicles.

The bill also requires the Division of Criminal Justice and municipal police chief to annually report information on trafficking cases to the Children's and Judiciary committees, which is not expected to result in a fiscal impact.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

sHB 5621

AN ACT CONCERNING HUMAN TRAFFICKING.

SUMMARY:

This bill makes a number of changes related to human trafficking. It:

EFFECTIVE DATE: October 1, 2016, except the annual reporting requirement for each state's attorney and municipal police chief is effective upon passage.

§ 1 — TRAFFICKING IN PERSONS COUNCIL'S CHARGE

The bill changes the council's charge by (1) eliminating requirements that it identify criteria for providing services to adult and child trafficking victims and (2) requiring it to coordinate the collection, analysis, and dissemination of data on human trafficking. By law, the council must also meet to provide updates and progress reports and consult with governmental and nongovernmental organizations in developing recommendations on trafficking efforts.

§ 2 — REPORTS ON TRAFFICKING ACTIVITIES AND STATISTICS

The bill requires each state's attorney (there are 13 state's attorneys, one for each judicial district in the state) and each municipal police chief to report to the Children's and Judiciary committees annually, beginning by October 1, 2016, on:

The bill also requires state's attorneys to report for the previous 12 months on the (1) number of trafficking cases resulting in convictions and (2) final dispositions of trafficking cases, including those appealed.

§ 4 — TRAINING

The bill requires the DCF commissioner to consult with the DESPP commissioner in developing a training and refresher training program for the accurate and prompt identification and reporting of suspected human trafficking. The commissioners must develop and approve a video presentation as part of the training that offers guidance to hotel, motel, and similar lodging employees on recognizing potential trafficking victims and common trafficking activities.

§ 5 — EMPLOYEE TRAINING

The bill requires hotel, motel, and similar lodging operators to ensure that their employees in these establishments receive annual training on recognizing potential trafficking victims and common trafficking activities. Annually, beginning by October 1, 2017, each operator must certify to DCF that their establishment employees received the training. An operator who does not comply with these provisions commits a class A misdemeanor, punishable by up to one year in prison, a fine of up to $2,000, or both.

§ 6 — PROSTITUTION

The bill prohibits someone age 16 or 17 from being convicted of prostitution. Currently, someone this age can be convicted of prostitution but he or she is presumed to be a human trafficking victim, which provides an affirmative defense to a prostitution charge.

By law, prostitution is a class A misdemeanor. Offenders age 16 or 17 likely would have their cases heard in juvenile court.

§§ 7-8 & 12 — PATRONIZING A PROSTITUTE

Patronizing a Prostitute

Currently, patronizing a prostitute is a class C felony if the person knew or reasonably should have known at the time of the offense that the prostitute was under age 18 or a trafficking victim. The bill subjects someone to this penalty regardless of whether he or she knows or should know the prostitute's age or status as a trafficking victim. By law, a class C felony is punishable by one to 10 years in prison, a fine of up to $10,000, or both.

By law, other forms of patronizing a prostitute are punishable as a class A misdemeanor. The bill requires a court to impose a $2,000 fine for this crime.

Patronizing a Prostitute from a Motor Vehicle

By law, this crime is a class A misdemeanor. The bill requires the court to impose a $2,000 fine for this crime.

Using Fine Revenue

The bill requires using money collected from the mandatory $2,000 fines described above for State Police and local police prostitution and human trafficking investigations.

§ 9 — ENTICING A MINOR

The bill expands this crime to include enticing a minor age 16 or 17; current law applies to minors under age 16. By law, a person commits this crime by using an interactive computer service to knowingly persuade, induce, entice, or coerce a minor to engage in prostitution or illegal sexual activity.

By law, this crime is a class D felony (punishable by up to five years in prison, a fine of up to $5,000, or both) for a first offense, a class C felony for a second offense, and a class B felony (punishable by up to 20 years in prison, a fine of up to $15,000, or both) for a third or subsequent offense. But it is a class B felony when the victim is under age 13, with a five-year mandatory minimum for a first offense and a 10-year mandatory minimum for a subsequent offense.

§ 10 — POSTING TRAFFICKING NOTICES

The bill requires more people to post a notice developed by the Office of the Chief Court Administrator about services for human trafficking victims.

It expands the types of service stops that must post the notice. Currently, privately owned and operated facilities offering food, fuel, lawful overnight truck parking, and shower and laundry facilities must post it. The bill instead requires any publicly or privately operated service plaza to post it.

It requires hotels, motels, similar lodgings, and businesses that offer for sale or promote performances for adult audiences to post the notice.

The bill requires someone to post the notice if he or she holds one of the following types of on-premises consumption permits for the retail sale of alcohol: restaurant permit, restaurant permit for beer, restaurant permit for wine and beer, or café permit. As under existing law, other retail alcohol permit holders must post the notice, except for those who only hold one or more of the following permits:

By law, this notice must state the toll-free state and federal anti-trafficking hotline numbers that someone can call if he or she is forced to engage in an activity and cannot leave.

BACKGROUND

Related Bills

sHB 5052, favorably reported by the Judiciary Committee, contains an identical provision requiring lodging operator record-keeping. It also (1) expands the crimes of enticing a minor and trafficking in persons, (2) allows the court to impose a standing criminal restraining order against someone convicted of committing certain types of trafficking, and (3) increases the penalty for patronizing a prostitute under certain circumstances.

sHB 5623, favorably reported by the Judiciary Committee, contains provisions identical to this bill except it (1) does not include the provision requiring using money collected under a mandatory $2,000 fine for patronizing a prostitute or patronizing a prostitute from a motor vehicle for police investigations and (2) expands the trafficking in persons crime.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

42

Nay

0

(03/16/2016)

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