Connecticut Seal

General Assembly

File No. 597

    February Session, 2016

Substitute House Bill No. 5623

House of Representatives, April 13, 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 VIOLENCE AGAINST WOMEN, ACCESS TO MARSHALS, AND VICTIMS OF HUMAN TRAFFICKING.

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

Section 1. Section 6-32 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Each state marshal shall receive each process directed to such marshal when tendered, execute it promptly and make true return thereof; and shall, without any fee, give receipts when demanded for all civil process delivered to such marshal to be served, specifying the names of the parties, the date of the writ, the time of delivery and the sum or thing in demand. If any state marshal does not duly and promptly execute and return any such process or makes a false or illegal return thereof, such marshal shall be liable to pay double the amount of all damages to the party aggrieved.

(b) A civil protection order constitutes civil process for purposes of the powers and duties of a state marshal. The cost of serving a civil protection order issued pursuant to section 46b-16a, as amended by this act, shall be paid by the Judicial Branch in the same manner as the cost of serving a restraining order issued pursuant to section 46b-15, as amended by this act, and fees and expenses associated with the serving of a civil protection order shall be calculated in accordance with subsection (a) of section 52-261.

Sec. 2. Subsection (j) of section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(j) The commission [may] shall adopt [such] rules as it deems necessary for conduct of its internal affairs, [and] including, but not limited to, rules that provide for: (1) The provision of timely, consistent and reliable access to a state marshal for persons applying for a restraining order under section 46b-15, as amended by this act; (2) the provision of services to persons with limited English proficiency; (3) the provision of services to persons who are deaf or hearing impaired; and (4) service of process that is a photographic copy, micrographic copy or other electronic image of an original document that clearly and accurately copies such original document. The commission shall adopt regulations in accordance with the provisions of chapter 54 for the application and investigation requirements for filling vacancies in the position of state marshal.

Sec. 3. Section 46b-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Any family or household member, as defined in section 46b-38a, who has been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening, including, but not limited to, a pattern of threatening, as described in section 53a-62, by another family or household member may make an application to the Superior Court for relief under this section.

(b) The application form shall allow the applicant, at the applicant's option, to indicate whether the respondent (1) holds a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate or an ammunition certificate or possesses one or more firearms or ammunition, and (2) is employed in a position in which an essential requirement of such position is the ability to carry a firearm during the course of the respondent's employment. The application shall be accompanied by an affidavit made under oath which includes a brief statement of the conditions from which relief is sought. Upon receipt of the application the court shall order that a hearing on the application be held not later than fourteen days from the date of the order except that, if the application indicates the respondent is employed in a position in which an essential requirement of the position is the ability to carry a firearm during the course of employment, the court may take this circumstance into consideration in ordering a hearing on the application as soon as practicable, but not later than fourteen days from the date on which the application is filed. The court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant and such dependent children or other persons as the court sees fit. In making such orders, the court, in its discretion, may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch's Internet web site. Such orders may include temporary child custody or visitation rights, and such relief may include, but is not limited to, an order enjoining the respondent from [(1)] (A) imposing any restraint upon the person or liberty of the applicant; [(2)] (B) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant; or [(3)] (C) entering the family dwelling or the dwelling of the applicant. Such order may include provisions necessary to protect any animal owned or kept by the applicant including, but not limited to, an order enjoining the respondent from injuring or threatening to injure such animal. If an applicant alleges an immediate and present physical danger to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. If a postponement of a hearing on the application is requested by either party and granted, the ex parte order shall not be continued except upon agreement of the parties or by order of the court for good cause shown. If a hearing on the application is scheduled or an ex parte order is granted and the court is closed on the scheduled hearing date, the hearing shall be held on the next day the court is open and any such ex parte order shall remain in effect until the date of such hearing.

(c) If the court issues an ex parte order pursuant to subsection (b) of this section and service has not been made on the respondent in conformance with subsection (h) of this section, upon request of the applicant, the court shall, based on the information contained in the original application, extend any ex parte order for an additional period not to exceed fourteen days from the originally scheduled hearing date. The clerk shall prepare a new order of hearing and notice containing the new hearing date, which shall be served upon the respondent in accordance with the provisions of subsection (h) of this section.

[(c)] (d) Any ex parte restraining order entered under subsection (b) of this section in which the applicant and respondent are spouses, or persons who have a dependent child or children in common and who live together, may include, if no order exists, and if necessary to maintain the safety and basic needs of the applicant or the dependent child or children in common of the applicant and respondent, in addition to any orders authorized under subsection (b) of this section, any of the following: (1) An order prohibiting the respondent from (A) taking any action that could result in the termination of any necessary utility services or necessary services related to the family dwelling or the dwelling of the applicant, (B) taking any action that could result in the cancellation, change of coverage or change of beneficiary of any health, automobile or homeowners insurance policy to the detriment of the applicant or the dependent child or children in common of the applicant and respondent, or (C) transferring, encumbering, concealing or disposing of specified property owned or leased by the applicant; or (2) an order providing the applicant with temporary possession of an automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key or other necessary specified personal effects.

[(d)] (e) At the hearing on any application under this section, if the court grants relief pursuant to subsection (b) of this section and the applicant and respondent are spouses, or persons who have a dependent child or children in common and who live together, and if necessary to maintain the safety and basic needs of the applicant or the dependent child or children in common of the applicant and respondent, any orders entered by the court may include, in addition to the orders authorized under subsection (b) of this section, any of the following: (1) An order prohibiting the respondent from (A) taking any action that could result in the termination of any necessary utility services or services related to the family dwelling or the dwelling of the applicant, (B) taking any action that could result in the cancellation, change of coverage or change of beneficiary of any health, automobile or homeowners insurance policy to the detriment of the applicant or the dependent child or children in common of the applicant and respondent, or (C) transferring, encumbering, concealing or disposing of specified property owned or leased by the applicant; (2) an order providing the applicant with temporary possession of an automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key or other necessary specified personal effects; or (3) an order that the respondent: (A) Make rent or mortgage payments on the family dwelling or the dwelling of the applicant and the dependent child or children in common of the applicant and respondent, (B) maintain utility services or other necessary services related to the family dwelling or the dwelling of the applicant and the dependent child or children in common of the applicant and respondent, (C) maintain all existing health, automobile or homeowners insurance coverage without change in coverage or beneficiary designation, or (D) provide financial support for the benefit of any dependent child or children in common of the applicant and the respondent, provided the respondent has a legal duty to support such child or children and the ability to pay. The court shall not enter any order of financial support without sufficient evidence as to the ability to pay, including, but not limited to, financial affidavits. If at the hearing no order is entered under this subsection or subsection [(c)] (d) of this section, no such order may be entered thereafter pursuant to this section. Any order entered pursuant to this subsection shall not be subject to modification and shall expire one hundred twenty days after the date of issuance or upon issuance of a superseding order, whichever occurs first. Any amounts not paid or collected under this subsection or subsection [(c)] (d) of this section may be preserved and collectible in an action for dissolution of marriage, custody, paternity or support.

[(e)] (f) Every order of the court made in accordance with this section shall contain the following language: (1) "This order may be extended by the court beyond one year. In accordance with section 53a-107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars or both."; and (2) "In accordance with section 53a-223b of the Connecticut general statutes, any violation of subparagraph (A) or (B) of subdivision (2) of subsection (a) of section 53a-223b constitutes criminal violation of a restraining order which is punishable by a term of imprisonment of not more than five years, a fine of not more than five thousand dollars, or both. Additionally, any violation of subparagraph (C) or (D) of subdivision (2) of subsection (a) of section 53a-223b constitutes criminal violation of a restraining order which is punishable by a term of imprisonment of not more than ten years, a fine of not more than ten thousand dollars, or both.".

[(f)] (g) No order of the court shall exceed one year, except that an order may be extended by the court upon motion of the applicant for such additional time as the court deems necessary. If the respondent has not appeared upon the initial application, service of a motion to extend an order may be made by first-class mail directed to the respondent at the respondent's last-known address.

[(g)] (h) (1) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to subsection (b) of this section to be served on the respondent not less than [five] three days before the hearing. The cost of such service shall be paid for by the Judicial Branch.

(2) When (A) an application indicates that a respondent holds a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate or an ammunition certificate or possesses one or more firearms or ammunition, and (B) the court has issued an ex parte order pursuant to this section, the proper officer responsible for executing service, prior to serving such order, shall (i) provide notice to the law enforcement agency for the town in which the respondent will be served concerning when and where the service will take place, (ii) send, or cause to be sent by facsimile or other means, a copy of the application, the applicant's affidavit, the ex parte order and the notice of hearing to such law enforcement agency, and (iii) request that a police officer from the law enforcement agency for the town in which the respondent will be served be present when service is executed by the proper officer.

(3) Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall (A) send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, and (B) as soon as possible, but not later than two hours after the time that service is executed, input into the Judicial Branch's Internet-based service tracking system the date, time and method of service. If, prior to the date of the scheduled hearing, service has not been executed, the proper officer shall input into such service tracking system that service was unsuccessful. The clerk of the court shall send, by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, within forty-eight hours of the issuance of such order. If the victim is enrolled in a public or private elementary or secondary school, including a technical high school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the victim is enrolled and the special police force established pursuant to section 10a-156b, if any, at the institution of higher education at which the victim is enrolled.

[(h)] (i) A caretaker who is providing shelter in his or her residence to a person sixty years or older shall not be enjoined from the full use and enjoyment of his or her home and property. The Superior Court may make any other appropriate order under the provisions of this section.

[(i)] (j) When a motion for contempt is filed for violation of a restraining order, there shall be an expedited hearing. Such hearing shall be held within five court days of service of the motion on the respondent, provided service on the respondent is made not less than twenty-four hours before the hearing. If the court finds the respondent in contempt for violation of an order, the court may impose such sanctions as the court deems appropriate.

[(j)] (k) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief.

(l) For purposes of this section, "police officer" means a state police officer or a sworn member of a municipal police department and "law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department.

Sec. 4. (NEW) (Effective October 1, 2016) In each Superior Court where a restraining order issued under section 46b-15 of the general statutes, as amended by this act, may be made returnable, the Chief Court Administrator shall, where feasible, work to allocate space in such court so as to permit a meeting between a person seeking service of the notice of hearing and any order issued under section 46b-15 of the general statutes, as amended by this act, and a proper officer.

Sec. 5. (NEW) (Effective October 1, 2016) (a) The Chief Court Administrator shall revise and simplify the process for filing an application for relief under section 46b-15 of the general statutes, as amended by this act. The Chief Court Administrator shall ensure that any person seeking to file an application for relief is provided with a one-page, plain language explanation of how to apply for relief under section 46b-15 of the general statutes, as amended by this act.

(b) The Chief Court Administrator shall annually collect data on (1) the number of restraining orders issued under section 46b-15 of the general statutes, as amended by this act, and civil protection orders issued under section 46b-16a of the general statutes, as amended by this act; (2) the number of such orders that are not picked up by an applicant from the office of the clerk at the court location which issued the order; (3) the method of service of such orders in cases in which a respondent is successfully served with the order; (4) the number of requests for a police officer to be present at the time service of an order pursuant to subsection (h) of section 46b-15 of the general statutes, as amended by this act; and (5) the number of such orders issued that subsequently expire or are dismissed because the respondent could not be served with the order.

Sec. 6. Subsection (d) of section 46b-16a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(d) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to subsection (b) of this section to be served by a proper officer on the respondent not less than five days before the hearing. The cost of such service shall be paid for by the Judicial Branch. Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall (1) send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, and (2) as soon as possible, but not later than two hours after the time that service is executed, input into the Judicial Branch's Internet-based service tracking system the date, time and method of service. If, prior to the date of the scheduled hearing, service has not been executed, the proper officer shall input into such service tracking system that service was unsuccessful. The clerk of the court shall send, by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, not later than forty-eight hours after the issuance of such order, and immediately to the Commissioner of Emergency Services and Public Protection. If the applicant is enrolled in a public or private elementary or secondary school, including a technical high school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the applicant, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the applicant is enrolled and the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the applicant is enrolled.

Sec. 7. Section 29-36k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) [Not later than two business days] Except as provided in subsection (b) of this section, not later than two business days after the occurrence of any event that makes a person ineligible to possess a pistol or revolver or other firearm or ammunition, such person shall (1) transfer in accordance with section 29-33 all pistols and revolvers which such person then possesses to any person eligible to possess a pistol or revolver and transfer in accordance with any applicable state and federal laws all other firearms to any person eligible to possess such other firearms by obtaining an authorization number for the sale or transfer of the firearm from the Commissioner of Emergency Services and Public Protection, and submit a sale or transfer of firearms form to said commissioner within two business days, [except that a person subject to a restraining or protective order or a foreign order of protection may only transfer a pistol, revolver or other firearm or ammunition under this subdivision to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm and ammunition to the federally licensed firearms dealer,] or (2) deliver or surrender such pistols and revolvers and other firearms and ammunition to the Commissioner of Emergency Services and Public Protection, provided a local police department may accept such pistols, revolvers, other firearms and ammunition on behalf of said commissioner, or (3) transfer such ammunition to any person eligible to possess such ammunition. The commissioner and a local police department shall exercise due care in the receipt and holding of such pistols and revolvers and other firearms or ammunition. [For the purposes of this section, a "person subject to a restraining or protective order or a foreign order of protection" means a person who knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice and an opportunity to be heard has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person.]

(b) Immediately, but in no event more than twenty-four hours after notice has been provided to a person subject to a restraining or protective order or a foreign order of protection, such person shall (1) transfer any pistol, revolver or other firearm or ammunition which such person then possesses to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm or ammunition to the federally licensed firearms dealer, or (2) deliver or surrender such pistols and revolvers and other firearms and ammunition to the Commissioner of Emergency Services and Public Protection, provided a local police department may accept such pistols, revolvers, other firearms and ammunition on behalf of said commissioner. For the purposes of this section, a "person subject to a restraining or protective order or a foreign order of protection" means a person who knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person.

[(b)] (c) Such person, or such person's legal representative, may, at any time up to one year after such delivery or surrender, transfer such pistols and revolvers in accordance with the provisions of section 29-33 to any person eligible to possess a pistol or revolver and transfer such other firearms and ammunition, in accordance with any applicable state and federal laws, to any person eligible to possess such other firearms and ammunition, provided any person subject to a restraining or protective order or a foreign order of protection, or such person's legal representative, may only transfer such pistol, revolver or other firearm or ammunition to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm or ammunition to the federally licensed firearms dealer. Upon notification in writing by the transferee and such person, the Commissioner of Emergency Services and Public Protection or a local police department as the case may be, shall, within ten days, deliver such pistols and revolvers [or] and other firearms [or] and ammunition to the transferee. If, at the end of such year, such pistols and revolvers [or] and other firearms [or] and ammunition have not been so transferred, the commissioner or a local police department as the case may be, shall cause them to be destroyed.

[(c)] (d) Any person who fails to transfer, deliver or surrender any such pistols and revolvers and other firearms or ammunition as provided in this section shall be subject to the penalty provided for in section 53a-217, as amended by this act, or 53a-217c, as amended by this act.

Sec. 8. Subsection (b) of section 29-28 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(b) Upon the application of any person having a bona fide permanent residence within the jurisdiction of any such authority, such chief of police, warden or selectman may issue a temporary state permit to such person to carry a pistol or revolver within the state, provided such authority shall find that such applicant intends to make no use of any pistol or revolver which such applicant may be permitted to carry under such permit other than a lawful use and that such person is a suitable person to receive such permit. No state or temporary state permit to carry a pistol or revolver shall be issued under this subsection if the applicant (1) has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association, (2) has been convicted of (A) a felony, or (B) on or after October 1, 1994, a violation of section 21a-279 or section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, (5) (A) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, (6) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, including an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act, (7) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing, (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4), (9) is an alien illegally or unlawfully in the United States, or (10) is less than twenty-one years of age. Nothing in this section shall require any person who holds a valid permit to carry a pistol or revolver on October 1, 1994, to participate in any additional training in the safety and use of pistols and revolvers. No person may apply for a temporary state permit to carry a pistol or revolver more than once within any twelve-month period, and no temporary state permit to carry a pistol or revolver shall be issued to any person who has applied for such permit more than once within the preceding twelve months. Any person who applies for a temporary state permit to carry a pistol or revolver shall indicate in writing on the application, under penalty of false statement in such manner as the issuing authority prescribes, that such person has not applied for a temporary state permit to carry a pistol or revolver within the past twelve months. Upon issuance of a temporary state permit to carry a pistol or revolver to the applicant, the local authority shall forward the original application to the commissioner. Not later than sixty days after receiving a temporary state permit, an applicant shall appear at a location designated by the commissioner to receive the state permit. The commissioner may then issue, to any holder of any temporary state permit, a state permit to carry a pistol or revolver within the state. Upon issuance of the state permit, the commissioner shall make available to the permit holder a copy of the law regarding the permit holder's responsibility to report the loss or theft of a firearm and the penalties associated with the failure to comply with such law. Upon issuance of the state permit, the commissioner shall forward a record of such permit to the local authority issuing the temporary state permit. The commissioner shall retain records of all applications, whether approved or denied. The copy of the state permit delivered to the permittee shall be laminated and shall contain a full-face photograph of such permittee. A person holding a state permit issued pursuant to this subsection shall notify the issuing authority within two business days of any change of such person's address. The notification shall include the old address and the new address of such person.

Sec. 9. Subsection (b) of section 29-36f of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(b) The Commissioner of Emergency Services and Public Protection shall issue an eligibility certificate unless said commissioner finds that the applicant: (1) Has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association; (2) has been convicted of a felony or of a violation of section 21a-279 or section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120; (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13; (5) (A) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court; or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680; [,] (6) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, including an ex parte order issued pursuant to section 46b-15, as amended by this act, or section 46b-16a, as amended by this act; (7) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing; (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4); or (9) is an alien illegally or unlawfully in the United States.

Sec. 10. Subsection (b) of section 29-37p of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(b) The Commissioner of Emergency Services and Public Protection shall issue a long gun eligibility certificate unless said commissioner finds that the applicant: (1) Has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of firearms including, but not limited to, a safety or training course in the use of firearms available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of firearms conducted by an instructor certified by the state or the National Rifle Association; (2) has been convicted of (A) a felony, or (B) on or after October 1, 1994, a violation of section 21a-279 or section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120; (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13; (5) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court; (6) has been voluntarily admitted to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680; (7) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, including an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act; (8) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing; (9) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4); or (10) is an alien illegally or unlawfully in the United States.

Sec. 11. Section 29-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) For the purposes of this section, "conviction" means the entry of a judgment of conviction by any court of competent jurisdiction.

(b) Any state permit or temporary state permit for the carrying of any pistol or revolver may be revoked by the Commissioner of Emergency Services and Public Protection for cause and shall be revoked by said commissioner upon conviction of the holder of such permit of a felony or of any misdemeanor specified in subsection (b) of section 29-28, as amended by this act, or upon the occurrence of any event which would have disqualified the holder from being issued the state permit or temporary state permit pursuant to subsection (b) of section 29-28, as amended by this act. Upon the revocation of any state permit or temporary state permit, the person whose state permit or temporary state permit is revoked shall be notified in writing and such state permit or temporary state permit shall be forthwith delivered to the commissioner. Any law enforcement authority shall confiscate and immediately forward to the commissioner any state permit or temporary state permit that is illegally possessed by any person. The commissioner may revoke the state permit or temporary state permit based upon the commissioner's own investigation or upon the request of any law enforcement agency. Any person who fails to surrender any permit within five days of notification in writing of revocation thereof shall be guilty of a class A misdemeanor.

(c) Any local permit for the carrying of a pistol or revolver issued prior to October 1, 2001, may be revoked by the authority issuing the same for cause, and shall be revoked by the authority issuing the same upon conviction of the holder of such permit of a felony or of any misdemeanor specified in subsection (b) of section 29-28, as amended by this act, or upon the occurrence of any event which would have disqualified the holder from being issued such local permit. Upon the revocation of any local permit, the person whose local permit is revoked shall be notified in writing and such permit shall be forthwith delivered to the authority issuing the same. Upon the revocation of any local permit, the authority issuing the same shall forthwith notify the commissioner. Upon the revocation of any permit issued by the commissioner, the commissioner shall forthwith notify any local authority which the records of the commissioner show as having issued a currently valid local permit to the holder of the permit revoked by the commissioner. Any person who fails to surrender such permit within five days of notification in writing or revocation thereof shall be guilty of a class A misdemeanor.

(d) If a state permit or temporary state permit for the carrying of any pistol or revolver is revoked because the person holding such permit is subject to an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act, upon expiration of such order, such person may notify the Department of Emergency Services and Public Protection that such order has expired. Upon verification of such expiration and provided such person is not otherwise disqualified from holding such permit pursuant to subsection (b) of section 29-28, as amended by this act, the department shall reinstate such permit.

Sec. 12. Section 29-36i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Any eligibility certificate for a pistol or revolver shall be revoked by the Commissioner of Emergency Services and Public Protection upon the occurrence of any event which would have disqualified the holder from being issued the certificate pursuant to section 29-36f, as amended by this act.

(b) Upon the revocation of any eligibility certificate, the person whose eligibility certificate is revoked shall be notified in writing and such certificate shall be forthwith delivered to the Commissioner of Emergency Services and Public Protection. Any person who fails to surrender such certificate within five days of notification in writing of revocation thereof shall be guilty of a class A misdemeanor.

(c) If an eligibility certificate for a pistol or revolver is revoked because the person holding such certificate is subject to an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act, upon expiration of such order, such person may notify the Department of Emergency Services and Public Protection that such order has expired. Upon verification of such expiration and provided such person is not otherwise disqualified from holding such certificate pursuant to section 29-36f, as amended by this act, the department shall reinstate such certificate.

Sec. 13. Section 29-37s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A long gun eligibility certificate shall be revoked by the Commissioner of Emergency Services and Public Protection upon the occurrence of any event which would have disqualified the holder from being issued the certificate pursuant to section 29-37p, as amended by this act.

(b) Upon the revocation of any long gun eligibility certificate, the person whose certificate is revoked shall be notified, in writing, and such certificate shall be forthwith delivered to the Commissioner of Emergency Services and Public Protection. Any person who fails to surrender such certificate within five days of notification, in writing, of revocation thereof shall be guilty of a class A misdemeanor.

(c) If a long gun eligibility certificate is revoked because the person holding such certificate is subject to an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act, upon expiration of such order, such person may notify the Department of Emergency Services and Public Protection that such order has expired. Upon verification of such expiration and provided such person is not otherwise disqualified from holding such certificate pursuant to section 29-37p, as amended by this act, the department shall reinstate such certificate.

Sec. 14. Section 29-38p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) An ammunition certificate shall be revoked by the Commissioner of Emergency Services and Public Protection upon the occurrence of any event which would have disqualified the holder from being issued the certificate pursuant to section 29-38n.

(b) Upon the revocation of any ammunition certificate, the person whose certificate is revoked shall be notified, in writing, and such certificate shall be forthwith delivered to the Commissioner of Emergency Services and Public Protection. Any person who fails to surrender such certificate within five days of notification, in writing, of revocation thereof shall be guilty of a class A misdemeanor.

(c) If an ammunition certificate is revoked because the person holding such certificate is subject to an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act, upon expiration of such order, such person may notify the Department of Emergency Services and Public Protection that such order has expired. Upon verification of such expiration and provided such person is not otherwise disqualified from holding such certificate pursuant to section 29-38n the department shall reinstate such certificate.

Sec. 15. Section 53a-217 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of criminal possession of a firearm, ammunition or an electronic defense weapon when such person possesses a firearm, ammunition or an electronic defense weapon and (1) has been convicted of a felony committed prior to, on or after October 1, 2013, or of a violation of section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on or after October 1, 2013, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, (4) knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice [and an opportunity to be heard] has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person, (5) (A) has been confined on or after October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or with respect to any person who holds a valid permit or certificate that was issued or renewed under the provisions of section 29-28, as amended by this act, or 29-36f, as amended by this act, in effect prior to October 1, 2013, such person has been confined in such hospital within the preceding twelve months, or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, (6) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, or (7) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4). For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction, "ammunition" means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm, and a motor vehicle violation for which a sentence to a term of imprisonment of more than one year may be imposed shall be deemed an unclassified felony.

(b) Criminal possession of a firearm, ammunition or an electronic defense weapon is a class C felony, for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.

Sec. 16. Section 53a-217c of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of criminal possession of a pistol or revolver when such person possesses a pistol or revolver, as defined in section 29-27, and (1) has been convicted of a felony committed prior to, on or after October 1, 2013, or of a violation of section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on or after October 1, 1994, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, (4) (A) has been confined prior to October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, or has been confined on or after October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or, with respect to any person who holds a valid permit or certificate that was issued or renewed under the provisions of section 29-28, as amended by this act, or 29-36f, as amended by this act, in effect prior to October 1, 2013, such person has been confined in such hospital within the preceding twelve months, or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, (5) knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice [and an opportunity to be heard] has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person, (6) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, (7) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4), or (8) is an alien illegally or unlawfully in the United States. For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.

(b) Criminal possession of a pistol or revolver is a class C felony, for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.

Sec. 17. Subsection (b) of section 29-36n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(b) The Commissioner of Emergency Services and Public Protection, in conjunction with the Chief State's Attorney and the Connecticut Police Chiefs Association, shall update the protocol developed pursuant to subsection (a) of this section to reflect the provisions of sections 29-7h, 29-28, as amended by this act, 29-28a, 29-29, 29-30, 29-32, as amended by this act, and 29-35, subsections (b) and [(g)] (h) of section 46b-15, as amended by this act, subsections (c) and (d) of section 46b-38c, as amended by this act, and sections 53-202a, 53-202l, 53-202m and 53a-217, as amended by this act, and shall include in such protocol specific instructions for the transfer, delivery or surrender of pistols and revolvers and other firearms and ammunition when the assistance of more than one law enforcement agency is necessary to effect the requirements of section 29-36k, as amended by this act.

Sec. 18. 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. 19. (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. 20. (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. 21. (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. 22. (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. 23. 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. 24. 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, as amended by this act, or (B) a criminal violation of 18 USC Chapter 77, as amended from time to time.

Sec. 25. 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. 26. 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. 27. 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. 28. 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, as amended by this act, 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, as amended by this act, 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, as amended by this act, 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, as amended by this act, 53a-196a, 53a-196b, 53a-196c or 53a-196i.

Sec. 29. Section 53a-192a of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of trafficking in persons when such person (1) compels or induces another person to engage in conduct involving more than one occurrence of sexual contact with one or more third persons, or provide labor or services that such person has a legal right to refrain from providing, by means of (A) the use of force against such other person or a third person, or by the threat of use of force against such other person or a third person, (B) fraud, or (C) coercion, as provided in section 53a-192, or (2) compels or induces another person who is under eighteen years of age to engage in conduct involving [more than one occurrence] one or more occurrences of sexual contact with one or more third persons that constitutes [(A) prostitution, or (B)] sexual contact for which such third person may be charged with a criminal offense. For the purposes of this subsection, "sexual contact" means any contact with the intimate parts of another person.

(b) Trafficking in persons is a class B felony.

Sec. 30. Subsection (j) of section 17a-112 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(j) The Superior Court, upon notice and hearing as provided in sections 45a-716 and 45a-717, as amended by this act, may grant a petition filed pursuant to this section if it finds by clear and convincing evidence that (1) the Department of Children and Families has made reasonable efforts to locate the parent and to reunify the child with the parent in accordance with subsection (a) of section 17a-111b, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts, except that such finding is not required if the court has determined at a hearing pursuant to section 17a-111b, or determines at trial on the petition, that such efforts are not required, (2) termination is in the best interest of the child, and (3) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child (i) has been found by the Superior Court or the Probate Court to have been neglected, abused or uncared for in a prior proceeding, or (ii) is found to be neglected, abused or uncared for and has been in the custody of the commissioner for at least fifteen months and the parent of such child has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child; (C) the child has been denied, by reason of an act or acts of parental commission or omission including, but not limited to, sexual molestation or exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being, except that nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (D) there is no ongoing parent-child relationship, which means the relationship that ordinarily develops as a result of a parent having met on a day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child; (E) the parent of a child under the age of seven years who is neglected, abused or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; or (G) the parent [was convicted as an adult or a delinquent by a court of competent jurisdiction of a sexual assault resulting in the conception of the child, except a conviction for a violation of section 53a-71 or 53a-73a, provided the court may terminate such parent's parental rights to such child at any time after such conviction] has committed an act in a manner or under such circumstances as described in sections 53a-70 to 53a-73a, inclusive, which act resulted in the conception of the child.

Sec. 31. Subsection (g) of section 45a-717 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(g) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition terminating the parental rights and may appoint a guardian of the person of the child, or, if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence, that (1) the termination is in the best interest of the child, and (2) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child has been denied, by reason of an act or acts of parental commission or omission, including, but not limited to sexual molestation and exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being. Nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (C) there is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing, day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child; (D) a child of the parent (i) was found by the Superior Court or the Probate Court to have been neglected, abused or uncared for, as those terms are defined in section 46b-120, in a prior proceeding, or (ii) is found to be neglected, abused or uncared for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child; (E) a child of the parent, who is under the age of seven years is found to be neglected, abused or uncared for, and the parent has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; or (G) the parent [was convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the conception of a child except for a violation of section 53a-71 or 53a-73a provided the court may terminate such parent's parental rights to such child at any time after such conviction] has committed an act in a manner or under such circumstances as described in sections 53a-70 to 53a-73a, inclusive, which act resulted in the conception of the child.

Sec. 32. Subsection (j) of section 46b-38c of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(j) The Judicial Department shall establish an ongoing training program for judges, Court Support Services Division personnel, guardians ad litem and clerks to inform them about the policies and procedures of sections 46b-1, 46b-15, as amended by this act, 46b-38a to 46b-38f, inclusive, and 54-1g, including, but not limited to, the function of the family violence intervention units and the use of restraining and protective orders. Such training program shall include an examination of the factors that contribute to a family being at risk for episodes of domestic violence within the family. The Judicial Branch may consult with organizations that advocate on behalf of victims of domestic violence in order to ensure that the training includes information on the unique characteristics of family violence crimes.

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

Section 1

October 1, 2016

6-32

Sec. 2

October 1, 2016

6-38b(j)

Sec. 3

October 1, 2016

46b-15

Sec. 4

October 1, 2016

New section

Sec. 5

October 1, 2016

New section

Sec. 6

October 1, 2016

46b-16a(d)

Sec. 7

October 1, 2016

29-36k

Sec. 8

October 1, 2016

29-28(b)

Sec. 9

October 1, 2016

29-36f(b)

Sec. 10

October 1, 2016

29-37p(b)

Sec. 11

October 1, 2016

29-32

Sec. 12

October 1, 2016

29-36i

Sec. 13

October 1, 2016

29-37s

Sec. 14

October 1, 2016

29-38p

Sec. 15

October 1, 2016

53a-217

Sec. 16

October 1, 2016

53a-217c

Sec. 17

October 1, 2016

29-36n(b)

Sec. 18

October 1, 2016

46a-170

Sec. 19

from passage

New section

Sec. 20

October 1, 2016

New section

Sec. 21

October 1, 2016

New section

Sec. 22

October 1, 2016

New section

Sec. 23

October 1, 2016

53a-82

Sec. 24

October 1, 2016

53a-83

Sec. 25

October 1, 2016

53a-83a

Sec. 26

October 1, 2016

53a-90a

Sec. 27

October 1, 2016

54-234a

Sec. 28

October 1, 2016

54-36p(a)

Sec. 29

October 1, 2016

53a-192a

Sec. 30

October 1, 2016

17a-112(j)

Sec. 31

October 1, 2016

45a-717(g)

Sec. 32

October 1, 2016

46b-38c(j)

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 $

Department of Emergency Services and Public Protection

GF - Potential Cost

See Below

See Below

Correction, Dept.; Judicial Dept. (Probation)

GF - Potential Cost

See Below

See Below

Resources of the General Fund

GF - Potential Revenue Gain

See Below

See Below

Children & Families, Dept.

GF - Cost

7,000

10,000

Federal Revenue

FF - Revenue Gain

approximately 200,000

approximately 200,000

Note: GF=General Fund; FF=Federal Funds

Municipal Impact:

Municipalities

Effect

FY 17 $

FY 18 $

Municipal Police Departments

Potential Cost

See Below

See Below

Explanation

The bill results in the impact described below.

Section 3 requires state marshals executing service for temporary restraining orders where the respondent holds a firearm to request the presence of a police officer, which can be a municipal police office or a member of the state police. The bill does not specify if the town or Department of Emergency Services and Public Protection (DESPP) will be reimbursed. Currently service is executed by state marshals and compensated by the Judicial Department. To the extent that local police or state police officers incur administrative or mileage expenses, the bill results in a potential cost to the DESPP and municipalities.

Section 4 requires the chief court administrator to ensure that there is enough office space for a meeting between a state marshal and a restraining order applicant. The bill does not define office space. Currently, state marshals meet with applicants in the Court Service Centers, found in most courthouses. To the extent that this area of the courthouse is sufficient to meet this provision of the bill, this section does not result in a fiscal impact.

Sections 7, 15, and 16 expand the crime of criminal possession of a firearm, ammunition, electronic defense weapon, pistol, or revolver, which carries with it a mandatory minimum two year sentence. There are currently 288 offenders incarcerated for criminal possession. In FY 15, there were a total of 872 violations, of which 415 resulted in conviction or plea bargain. 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 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. 

Criminal possession also carries with it a mandatory fine of $5,000, which the court can reduce if it finds sufficient reason. In FY 14, a total of $5,985 in fine revenue was collected. To the extent that the expanded offenses result in additional fines collected, the bill also results in a potential revenue gain.

Section 18 increases the membership to the Trafficking in Persons Council from 22 to 24 members and results in minimal costs to certain agency staff for mileage expenses.

Section 19 requires the Division of Criminal Justice and municipal police chiefs to annually report information on trafficking cases to the specified committees, which is not expected to result in a fiscal impact.

Section 22 requires the Department of Children and Families (DCF) to certify that operators of hotels, motels, inns, or similar lodgings annually train their employees on the recognition of possible human trafficking victims and activities, results in an annualized cost of approximately $10,000 to the agency. This cost is anticipated to be less in FY 17 (approximately $7,000) as the section is effective 10/1/2016. Operators that fail to comply with training requirements may be found guilty of a class A misdemeanor, which results in a potential minimal General Fund revenue gain to the extent that individuals are fined for noncompliance.

The cost to DCF reflects a contractor processing technician time of a half hour, on average, at a cost of $30 an hour. There are more than 600 such lodgings in Connecticut. Class A misdemeanors are punishable by up to one year in prison, a fine of up to $2,000, or both.

Sections 23 to 26 make various changes to criminal statutes regarding prostitution 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. 

Section 28 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.

Section 29 expands the offense of trafficking in persons. 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. However, it should be noted that while there were 45 charges under this statute in FY 15, only one charge resulted in a conviction.

Sections 30 and 31 lower the standard of proof for the termination of parental rights in cases of sexual assault, which will result in an increase in federal funding received by Connecticut under the Violence Against Women Act by approximately $200,000.

Sections 1, 2, 5, 6, 8-14, 17, 19, 20, 21 and 27 make various changes that do not result in a fiscal impact.

The Out Years

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

Sources:

Judicial Department Offenses and Revenue Database

OLR Bill Analysis

sHB 5623

AN ACT CONCERNING VIOLENCE AGAINST WOMEN, ACCESS TO MARSHALS, AND VICTIMS OF HUMAN TRAFFICKING.

SUMMARY:

This bill makes changes in various laws that relate to orders of protection (see BACKGROUND), service of process, firearms and ammunition possession, human trafficking, parental rights, and domestic violence.

With regard to the service of civil restraining orders, the bill principally:

It also (1) makes certain changes to the civil restraining order application form and deadlines related to service of process, hearings, and firearms surrender provisions and (2) imposes certain requirements on the Judicial Branch related to data collection and the restraining order application process.

With regard to human trafficking, the bill principally:

The bill also reduces the standard of proof a judge must apply when determining whether to terminate parental rights in cases where the child was conceived as a result of a sexual assault. It no longer requires a finding of guilty in such cases.

It requires the Judicial Department to include in its ongoing training program an examination of the factors that contribute to a family being at risk for episodes of domestic violence (§ 32).

It also makes technical and conforming changes.

EFFECTIVE DATE: October 1, 2016, except the provision on reporting trafficking activities and statistics (§ 19) is effective upon passage.

§ 3 — CIVIL RESTRAINING ORDERS

Application

Under current law, a civil restraining order application form must allow an applicant, at his or her option, to indicate whether the respondent holds a gun permit or possesses firearms or ammunition. Under the bill, the application form must also give the applicant the option to indicate whether the respondent has a (1) handgun or long gun eligibility certificate or an ammunition certificate and (2) job in which the ability to carry a firearm is an essential requirement.

Initial Hearing Date

Under existing law, the court must hold a hearing within 14 days after receipt of a restraining order application. If an application indicates that the ability to carry a firearm is an essential requirement of the respondent's job, the bill allows the court to consider such circumstances and order a hearing as soon as practicable but within 14 days after the application date.

The bill reduces, from five to three, the number of days before a hearing date by which a respondent must receive notice of a hearing and any ex parte order.

Second Hearing Date and Ex Parte Order Extension

Under current law, an ex parte order is generally in effect until the hearing date. The bill requires the court to continue an ex parte order for up to 14 days from the original hearing date, if the (1) respondent has not been served by the date of the hearing and (2) the applicant requests the extension. The court must do so based on the information in the original application.

Under the bill, the court must prepare a new hearing and notice order containing the new hearing date. The respondent must be served with the new hearing and notice order at least three days before the new hearing date.

Service of Process

If the court issues an ex parte order on an application that indicates that the respondent (1) holds a gun permit, a handgun eligibility certificate, long gun eligibility certificate, or an ammunition certificate; or (2) possesses ammunition or one or more firearms, the bill requires the proper officer to:

Under the bill, “law enforcement agency” means the State Police or any municipal police department.

§§ 3 & 6 — SERVICE TRACKING

The bill requires state marshals and other proper officers, as soon as possible but no more than two hours after serving a civil restraining or protection order, to enter the date, time, and method of service into the Judicial Branch's Internet-based service tracking system. Under the bill, if the respondent was not served before the date of the scheduled hearing, the proper officer must indicate in the system that service was unsuccessful.

§ 6 — COPY OF ORDER TO DESPP

Existing law requires the court to send, by fax or other means, a copy of any civil restraining or protection order (including any ex parte order) or the information in such order to the law enforcement agency or agencies for the towns where the applicant and respondent reside and where the respondent works, within 48 hours of issuing the order. Under the bill, the court must also send such a copy or information to the DESPP commissioner immediately after issuing an order.

§§ 4 & 5 — COURT SPACE AND APPLICATION PROCESS

Civil Restraining Order

The bill requires the chief court administrator, where feasible, to allocate space for a meeting between a state marshal and a restraining order applicant in each Superior Court to which the service of a restraining order may be returned.

The bill also requires the chief court administrator to revise and simplify the process for filing a restraining order application. Under the bill, the chief court administrator must ensure that anyone seeking relief from abuse by a family or household member is given a one-page, plain language explanation of how to apply for a civil restraining order. By law, a person must be a family or household member to seek relief under a civil restraining order.

A non–household or non-family member may only apply for a civil protection order and the above provisions do not apply to them.

Civil Restraining and Civil Protection Orders

Under the bill, the chief court administrator must also collect data annually on the:

§ 2 — STATE MARSHAL COMMISSION RULES

Under current law, the state marshal commission may adopt rules it deems necessary to conduct its internal affairs. The bill requires, rather than allows, the commission to do so. Under the bill, this includes rules that provide for:

§ 7 — ELIGIBILITY TO POSSESS FIREARMS AND AMMUNITION

Under existing law, a person is ineligible to possess firearms and ammunition when the court issues a civil restraining or protection order against him or her after notice and a hearing in a case involving the use, attempted use, or threatened use of physical force against another person.

Under the bill, in the same type of case, if the court issues an ex parte order, the respondent becomes ineligible to possess firearms and ammunition when he or she receives notice of the order.

§§ 7, 15 & 16 — TRANSFER, DELIVERY, OR SURRENDER OF FIREARMS AND AMMUNITION

Time Frame to Transfer, Deliver, or Surrender (§ 7)

The bill shortens the time period within which a person must transfer, deliver, or surrender his or her firearms and ammunition if he or she becomes ineligible to possess them as a result of becoming subject to a civil restraining order, civil protection order, criminal protective order, or foreign order of protection. It also sets a shortened deadline for surrender based on ex parte orders.

Under current law, the deadline is within two business days after the person becomes ineligible. Under the bill, the deadline is within 24 hours of becoming ineligible, including after receiving notice of an ex parte order.

Delivery or Surrender to Police Department (§ 7)

The bill adds the municipal police department, instead of just the DESPP commissioner, as an option to receive the delivery or surrender of firearms and ammunition by those who are required to do so.

It requires such police department, as is currently the case for the DESPP commissioner, to exercise due care when receiving and holding the weapons.

Under existing law, a person or his or her legal representative may, up to one year after delivery or surrender of his or her firearms or ammunition to DESPP, ask the commissioner to transfer them to an eligible person. The commissioner must do so within 10 days of receiving the request (except in a case involving a protection order, weapons may only be transferred to a federally licensed dealer pursuant to a sale). The bill makes a conforming change by allowing the person or legal representative to request the police department to make such a transfer.

By law, the commissioner must destroy any firearms or ammunition that have not been transferred by the end of one year. Under the bill, this also applies to police departments to which weapons are delivered or surrendered.

Violation (§§ 7, 15 & 16)

Currently, a person subject to an order of protection who violates the firearms and ammunition transfer, delivery, or surrender requirement is guilty of criminal possession of a firearm. The bill extends these penalties to people who commit such violations while subject to an ex parte order.

By law, criminal possession of a firearm is a class C felony, punishable by up to 10 years in prison with a two-year mandatory minimum, a fine of up to $10,000, or both.

§§ 8-14 — ISSUE, REVOCATION, AND REINSTATEMENT OF GUN AND AMMUNITION CREDENTIALS

The bill expressly states that the DESPP Commissioner must not issue a gun permit, handgun eligibility certificate, or long gun eligibility certificate to anyone subject to an ex parte order issued in a case involving the use, attempted use, or threatened use of physical force against another person. By law, the commissioner may revoke a permit or certificate for any event that would have disqualified the holder from being issued such credential.

Under the bill, if DESPP revokes a gun permit, handgun eligibility certificate, long gun eligibility certificate, or ammunition certificate based on an ex parte order, DESPP must reinstate it if the order expires and

§ 17 — PROTOCOL FOR GUN AND AMMUNITION TRANSFER, DELIVERY, OR SURRENDER

The law requires the DESPP commissioner, in conjunction with the chief state's attorney and the Connecticut Police Chiefs Association, to develop a protocol to ensure that people who become ineligible to possess firearms transfer, deliver, or surrender them as appropriate. The bill requires the commissioner to update the protocol to appropriately apply to situations where a person is subject to an ex parte order.

§ 18 — TRAFFICKING IN PERSONS COUNCIL

The bill increases the council's membership from 22 to 24 by adding as members the consumer protection commissioner and Police Officers Standards and Training Council Basic Training Division director, or their designees.

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 regarding human trafficking. By law, the council must also meet to provide updates and progress reports and consult with government and nongovernmental organizations in developing recommendations on trafficking efforts.

§ 19 — 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 past 12 months on the (1) number of trafficking cases resulting in convictions and (2) final dispositions of trafficking cases, including those appealed.

§ 20 — LODGING RECORDKEEPING

The bill requires hotel, motel, inn, and similar lodging operators to maintain a system that keeps records of all guest transactions and receipts for at least six months.

§ 21 — TRAINING

The bill requires the Department of Children and Families (DCF) commissioner to consult with the Department of Emergency Services and Public Protection (DESPP) 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.

§ 22 — LODGING 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.

§ 23 — 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.

§§ 24 & 25 — 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 of 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.

§ 26 — 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 subsequent offense. But it is a class B felony anytime 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.

§ 27 — 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.

The bill 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 use if he or she is forced to engage in an activity and cannot leave.

§ 28 — FORFEITURES RELATED TO TRAFFICKING

The bill changes the types of property subject to forfeiture as tainted funds and property related to sexual exploitation and human trafficking by (1) eliminating funds and property related to prostitution from these procedures and (2) subjecting to forfeiture property used or intended for use to commit or facilitate committing the crimes of patronizing a prostitute or patronizing a prostitute from a motor vehicle.

§ 29 — TRAFFICKING IN PERSONS CRIME

The bill expands the trafficking in persons crime.  Currently, one way to commit this crime is to compel or induce someone under age 18 to engage in more than one occurrence of sexual contact that is prostitution or illegal sexual contact with a third person.  The bill expands the crime by requiring only one occurrence of sexual contact. It also allows the court to impose a standing criminal protective order against someone convicted of committing this type of trafficking. 

By law, this crime is a class B felony.

§§ 30 & 31 — TERMINATION OF PARENTAL RIGHTS

Under current law, the Superior Court and probate court may terminate parental rights if the parent was convicted of a sexual assault that resulted in the conception of the child. The bill no longer requires a conviction but instead allows the court to terminate parental rights if it finds, upon clear and convincing evidence, that the parent committed a sexual assault that resulted in the conception of the child. Under the bill, this applies in cases involving 1st, 2nd, 3rd, and 4th degree sexual assault; sexual assault in a spousal or cohabiting relationship; aggravated sexual assault of a minor; and 1st and 2nd degree rape. The bill maintains existing law's requirement that the court also find, upon clear and convincing evidence, that terminating parental rights is in the child's best interest.

BACKGROUND

Orders of Protection

Civil Restraining Order. A family or household member may apply for a civil restraining order for relief from physical abuse, stalking, or a pattern of threatening from another family or household member (CGS § 46b-15).

Civil Protection Order. A victim of sexual abuse, sexual assault, or stalking may apply for a civil protection order if he or she is not eligible for the restraining order described above (CGS § 46b-16a).

Criminal Protective Orders. Courts may issue a (1) protective order after a person is arrested for certain crimes or (2) standing criminal protective order after a person is convicted of certain crimes. The statutes governing these orders do not require a victim to apply for the order (CGS §§ 54-1k and 53a-40e).

Foreign Order of Protection. A foreign order of protection is an injunctive or other court order to prevent violence, threatening acts, or harassment against; contact or communication with; or physical proximity to another person issued by another state; the District of Columbia; a U. S. commonwealth, territory, or possession; or an Indian tribe in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection (CGS § 46b-15a and 18 USC § 2266(5)).

Judicial Branch's Service Tracking System

The Judicial Branch's Protective Order Registry's tracking component enables state marshals to record the service of process in civil restraining order cases. This component uses an around-the-clock, toll-free voice recognition system that marshals can access by cell phone, and the system updates state and national protection order files and faxes a notice of service to corresponding police departments, as soon as service information is recorded.

Related Bills

sSB 429, reported favorably by the Judiciary Committee, revises the civil restraining order application form to allow an applicant to indicate whether the respondent has a firearm eligibility or ammunition certificate. It allows such an applicant to request that a police officer, rather than a state marshal or other proper officer, serve process on the respondent.

sHB 5597, reported favorably by the Judiciary Committee, revises the civil restraining order application form to allow the applicant to state whether the accused has a firearm eligibility or ammunition certificate. The application form must also allow the applicant to state whether he or she has probable cause to believe that the accused poses a risk of imminent personal injury to the applicant. If this is the case, the bill requires the court to notify the office of the state's attorney for the judicial district in which the application was filed, to begin a risk warrant proceeding (i.e., a warrant to search a specific person, place, or thing to seize any firearms and ammunitions).

sHB 5054, reported favorably by the Judiciary Committee, contains identical provisions to this bill related to orders of protection, service of process, and firearms and ammunition possession.

sHB 5052, favorably reported by the Judiciary Committee, contains identical provisions (1) expanding the crime of trafficking in persons and (2) requiring lodging record-keeping. It also (1) allows the court to impose a standing criminal restraining order against someone convicted of committing certain types of trafficking; (3) increases the penalty for patronizing a prostitute under certain circumstance; and (4) expands the crime of enticing a minor.

sHB 5621, favorably reported by the Judiciary Committee, contains identical provisions to the human trafficking provisions of this bill except it (1) does not include the provision expanding the trafficking in persons crime and (2) requires that money collected under a mandatory $2,000 fine for patronizing a prostitute or patronizing a prostitute from a motor vehicle be used for police investigations.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

24

Nay

16

(03/28/2016)

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