Connecticut Seal

General Assembly

File No. 694

    January Session, 2017

Substitute House Bill No. 7309

House of Representatives, April 24, 2017

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

AN ACT CONCERNING HUMAN TRAFFICKING.

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

Section 1. Section 46a-170 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) There is established a Trafficking in Persons Council that shall be within the Commission on Women, Children and Seniors 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; (12) the Victim Advocate, or the Victim Advocate's designee; (13) the chairperson of the Commission on Women, Children and Seniors or the chairperson's designee; (14) one representative of the Office of Victim Services of the Judicial Branch appointed by the Chief Court Administrator; (15) a municipal police chief appointed by the Connecticut Police Chiefs Association, or a designee; (16) the Commissioner of Education, or the commissioner's designee; (17) an adult victim of trafficking, appointed by the Governor; and [(16)] (18) ten public members appointed as follows: The Governor shall appoint two members, 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 two members, one of whom shall represent the Connecticut Alliance to End Sexual Violence and one of whom shall represent an organization that provides civil legal services to low-income individuals, the speaker of the House of Representatives shall appoint two members, one of whom shall represent the Connecticut Coalition Against Domestic Violence and one of whom shall represent the Connecticut Lodging Association, 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 Commission on Women, Children and Seniors, or a designee, 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) coordinate the collection, analysis and dissemination of data regarding human trafficking, and (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) (1) The council shall:

(A) Develop a list of key indicators that a person is a victim of trafficking;

(B) Develop a standardized curriculum and conduct training for doctors, nurses, pharmacists, pharmacy technicians, emergency medical services personnel, teachers, school counselors, school administrators and personnel from the Department of Children and Families and the Department of Public Health to identify and assist victims of trafficking;

(C) Develop and conduct training for personnel from the Departments of Children and Families and Public Health on methods for identifying children in foster care who may be at risk of becoming victims of trafficking;

(D) Develop a plan for mental health, support and substance abuse programs for individuals identified as victims of trafficking and those arrested for prostitution in violation of section 53a-82. The plan shall provide for (i) the diversion of victims of trafficking and prostitution offenders into community-based treatment and support services, including, but not limited to, substance abuse recovery, housing, healthcare, job training, treatment and mental health support, and (ii) after the successful completion of the program, the dismissal of any related criminal charges against the accused.

(2) The council shall include such plan and any recommendations for legislation to implement the plan as part of any report submitted pursuant of subsection (h) of this section not later than January 1, 2018.

(g) The council shall examine the challenges faced by victims of trafficking who are persons without legal immigration status. The council may recommend services that such persons could benefit from and legislation to provide such services as part of any report submitted pursuant to subsection (h) of this section.

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

Sec. 2. Section 53a-192a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) A person is guilty of trafficking in persons when such person (1) compels or induces another person to engage in conduct involving 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 sexual contact with one or more third persons that constitutes sexual contact for which such third person may be charged with a criminal offense, or (3) otherwise commits an act that constitutes sex trafficking. For the purposes of this subsection, "sexual contact" means any contact with the intimate parts of another person, and "sex trafficking" means sex trafficking as defined in 22 USC 7102, as amended from time to time.

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

Sec. 3. Section 53a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

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

(b) [Except as provided in subsection (c) of this section, patronizing] 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 other person (1) had not attained eighteen years of age, or (2) was the victim of conduct of another person that constitutes (A) trafficking in persons in violation of section 53a-192a, or (B) a criminal violation of 18 USC Chapter 77, as amended from time to time.]

Sec. 4 (NEW) (Effective October 1, 2017) (a) A person is guilty of commercial sexual abuse of a minor when: (1) Such person pays a fee to a minor or third person as compensation for a minor having engaged in sexual conduct with such person; (2) such person pays or agrees to pay a fee to a minor or a third person pursuant to an understanding that in return for such fee the minor will engage in sexual conduct with such person; or (3) such person solicits, offers or requests to engage in sexual conduct with a minor, or any other person that such person reasonably believes to be a minor, in return for a fee.

(b) Commercial sexual abuse of a minor is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which nine months of the sentence imposed may not be suspended or reduced by the court and be fined five thousand dollars.

(c) For purposes of this section, "minor" means a person who has not attained eighteen years of age.

Sec. 5. Section 54-234a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) (1) The operator of any (A) (i) business that engages in the impermissible operation of a business that permits persons who are not licensed pursuant to section 20-206b to engage in the practice of massage therapy, or (ii) massage parlor, as defined by the applicable municipal ordinance, that significantly impacts the safety of the surrounding area; (B) publicly or privately operated highway service plaza; [, any] (C) hotel, motel, inn or similar lodging; [or] (D) public airport, as defined in section 15-74a; (E) acute care hospital emergency room; (F) urgent care facility; (G) station offering passenger rail service or passenger bus service; (H) any business that sells or offers for sale materials or promotes performances intended for an adult-only audience; or (I) employment agency, as defined in section 31-129, that offers personnel services to any other operator described in this subdivision, and (2) 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] labor and services are provided or performed, tickets are sold and other transactions, including sales, are to be carried on.

(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, 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.

(c) Any operator or person who fails to comply with the provisions of subsection (a) of this section shall be fined one hundred dollars for a first offense and two hundred fifty dollars for any subsequent offense, in addition to any proceedings for suspension or revocation of a license, permit or certificate that the appropriate authority may initiate under any other provision of law.

Sec. 6. (NEW) (Effective October 1, 2017) (a) The Commissioner of Children and Families, in consultation with the Commissioner of Emergency Services and Public Protection, shall develop an initial educational training program and refresher training program for the accurate and prompt identification and reporting of suspected human trafficking.

(b) The training program shall include a video presentation, developed and approved by said commissioners, that offers awareness of human trafficking issues and guidance to law enforcement personnel, judges of the Superior Court, prosecutors, public defenders and other attorneys who represent criminal defendants, hospital emergency room staff and urgent care facility staff who have contact with patients and persons employed by a local or regional board of education or a constituent unit, as defined in section 10a-1 of the general statutes, who have contact with students.

(c) Any person described in subsection (b) of this section shall complete the initial educational training program not later than July 1, 2018, and shall complete the refresher training program annually thereafter, provided any person being employed as such a person shall complete such initial educational training program not later than six months after beginning such employment or July 1, 2018, whichever is later.

Sec. 7. (Effective from passage) (a) The Commissioner of Administrative Services, in consultation with the Chief State's Attorney, the Attorney General, the Secretary of the Office of Policy and Management, the Commissioner of Emergency Services and Public Protection, the Labor Commissioner, the Commissioner of Social Services and the Commissioner of Children and Families shall examine the federal Executive Order 13627 Strengthening Protections Against Trafficking in Persons in Federal Contracts for the purpose of adapting and implementing similar provisions for contracts entered into by this state. Upon the completion of such examination, the commissioner shall immediately implement any adapted provisions that may be implemented administratively.

(b) Not later than January 1, 2018, the commissioner shall report, in accordance with section 11-4a of the general statutes, to the General Assembly any recommendations for legislation necessary to carry out the provisions of subsection (a) of this section.

Sec. 8. Section 53a-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) In any prosecution for prostitution in violation of section 53a-82 or patronizing a prostitute in violation of section 53a-83, as amended by this act, [or 53a-83a,] the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it shall be no defense that: (1) Such persons were of the same sex; or (2) the person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.

(b) In any prosecution for patronizing a prostitute in violation of section 53a-83, as amended by this act, [or 53a-83a,] promoting prostitution in violation of section 53a-86, 53a-87 or 53a-88 or permitting prostitution in violation of section 53a-89, it shall be no defense that the person engaging or agreeing to engage in sexual conduct with another person in return for a fee could not be prosecuted for a violation of section 53a-82 on account of such person's age.

Sec. 9. Subsection (a) of section 54-36p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

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

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

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

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

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

Sec. 10. Sections 53a-83a and 54-36m of the general statutes are repealed. (Effective October 1, 2017)

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

Section 1

October 1, 2017

46a-170

Sec. 2

October 1, 2017

53a-192a

Sec. 3

October 1, 2017

53a-83

Sec. 4

October 1, 2017

New section

Sec. 5

October 1, 2017

54-234a

Sec. 6

October 1, 2017

New section

Sec. 7

from passage

New section

Sec. 8

October 1, 2017

53a-84

Sec. 9

October 1, 2017

54-36p(a)

Sec. 10

October 1, 2017

Repealer section

JUD

Joint Favorable Subst.

 

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


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 18 $

FY 19 $

Resources of the General Fund

GF - Potential Revenue Gain

See Below

See Below

Correction, Dept.; Judicial Dpt (Probation)

GF - Cost

See Below

See Below

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill makes various changes to statute concerning human trafficking. The sections of the bill with a fiscal impact are described below.

Sections 2-4 of this bill expand the scope and punishment for human trafficking and patronizing a prostitute and results in a cost and potential revenue gain for the state. Human trafficking now includes sex trafficking and the penalty has been increased from a class B to a class A felony. The penalty for patronizing a prostitute under the age of 18 has been reduced but a new penalty for commercial sexual abuse of a minor will result in a class B felony. There are currently 5 people in prison for trafficking in persons and 0 people in prison for patronizing a prostitute.

To the extent that future offenders receive higher fines and longer prison sentences under this bill, potential costs for incarceration or probation supervision in the community, or general fund 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 5 expands the types of businesses and facilities that must post a brochure containing information for trafficking victims and adds a new fine for violations.  No revenue gain is expected as it is anticipated that there will be few to no violations resulting in fines.  

Section 6 requires the Department of Children and Families to consult with the Department of Emergency Protection and Public Protection to develop an educational and refresher training program related to human trafficking. It is anticipated that the agency will utilize U.S. Department of Homeland Security Blue Campaign resources at no cost.

Sections 1, 7-9 makes 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:

Department of Homeland Security, Blue Campaign, available: https://www.dhs.gov/blue-campaign

OLR Bill Analysis

sHB 7309

AN ACT CONCERNING HUMAN TRAFFICKING.

SUMMARY

This bill makes various changes to laws that pertain to human trafficking. The bill principally:

It also makes technical and conforming changes.

EFFECTIVE DATE: October 1, 2017, except the provision on the DAS commissioner's examination of the federal executive order is effective upon passage.

1 — TRAFFICKING IN PERSONS COUNCIL

Membership

The bill increases the council's membership from 25 to 27 by adding an adult trafficking victim and the education commissioner or her designee.

Responsibilities

By law, the council must (1) coordinate the collection, analysis, and dissemination of data regarding human trafficking and (2) meet to provide updates and progress reports and consult with government and nongovernmental organizations in developing recommendations on trafficking efforts.

The bill expands the council's charge by requiring it to develop:

Plan for Trafficking Victims' Programs

Under the bill, the plan for mental health, support, and substance abuse programs for trafficking victims must provide for the:

Reporting Recommendations

The bill requires the council to include the plan, and any recommendations for legislation to implement it, as part of its annual report to the legislature, starting by January 1, 2018.

The bill also requires the council to examine the plight of trafficking victims who do not have legal immigration status. It allows the council to include in any of its reports, recommendations for services that could benefit those individuals and legislation to provide such services.

2 — TRAFFICKING IN PERSONS

The bill expands the trafficking in persons crime to include the commission of a sex trafficking act.

Under the bill, “sex trafficking” means recruiting, harboring, transporting, providing, obtaining, patronizing, or soliciting someone for the purpose of a commercial sex act.

Currently, one way to commit this crime is to compel or induce someone under age 18 to engage in sexual contact that is prostitution or illegal sexual contact with a third person.

The bill also increases, from a class B felony to class A felony, the penalty for the trafficking in persons crime.

By law, a class B felony is punishable by one to 20 years in prison, a fine up to $15,000, or both. A class A felony is punishable by 10 to 25 years in prison, a fine up to $20,000, or both.

3 & 10 — PATRONIZING A PROSTITUTE

Patronizing a Prostitute

The bill reduces, from a class C felony to a class A misdemeanor, the penalty for patronizing a prostitute if the victim is under age 18 or 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 cases of patronizing a prostitute are a class A misdemeanor punishable by up to one year in prison and a mandatory $2,000 fine.

Patronizing a Prostitute From a Motor Vehicle

The bill repeals the patronizing a prostitute from a motor vehicle statute and the corresponding impoundment statute. The provisions of these repealed statutes are addressed under existing patronizing a prostitute and forfeiture laws. Under existing law, patronizing a prostitute from a motor vehicle carries the same penalty as other cases of patronizing a prostitute as described above.

4 — COMMERCIAL SEXUAL ABUSE OF A MINOR

Under the bill, a person is guilty of commercial sexual abuse of a minor when the person:

The bill makes commercial sexual abuse of a minor a class B felony punishable by a nine-month mandatory minimum prison sentence and a fine of $5,000.

5 — HUMAN TRAFFICKING VICTIM SERVICES NOTICE

Notice

The bill requires more people and entities 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 operators that must post the notice. Currently, any publicly or privately operated service plazas, hotels, motels, similar lodgings, and businesses that offer for sale or promote performances for adult audiences must post it. The bill requires operators of the following services to post this notice:

With certain exceptions, the law requires someone to post the notice if he or she holds an on-premises consumption permit for the retail sale of alcohol. Existing exceptions include caterers, railroads, boats, airlines, charitable organizations, and special clubs. The bill eliminates the exception for railroads and airlines.

Under current law, the notice must be posted in plain view in a conspicuous location where sales occur. The bill expands this requirement to include locations where the labor and services are provided or performed, tickets are sold, and other transactions occur.

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.

Penalty

Under the bill, any operator or person who fails to comply with the victim-notice provision is subject to a $100 fine for the first offense and $250 fine for any subsequent offense. Additionally, violators are subject to any license, permit, or certificate suspension or revocation proceeding that an appropriate authority may initiate.

6 — DCF EDUCATIONAL TRAINING PROGRAM

The bill requires the DCF commissioner, in consultation with the DESPP commissioner, to develop and approve an educational and refresher training program to accurately and promptly identify and report suspected human trafficking.

The program must include a video presentation that offers awareness of human trafficking issues and guidance to:

These individuals must complete the initial educational training by July 1, 2018 and refresher training annually thereafter. New hires must complete the initial training within six months after their start date or by July 1, 2018, whichever is later.

FEDERAL EXECUTIVE ORDER 13627

The bill requires the DAS commissioner to examine the federal Executive Order 13627, Strengthening Protections Against Trafficking in Persons in Federal Contracts, in order to adapt and implement similar provisions for state contracts. She must do so in consultation with the chief state's attorney; the attorney general; the Office of Policy and Management secretary; and the DCF, DESPP, labor, and social services commissioners. She must also (1) immediately implement any adapted provisions that may be implemented administratively and (2) report her recommendations for legislation to the legislature by January 1, 2018.

BACKGROUND

Related Bill

sHB 7310, reported favorably by the Judiciary Committee, increases, from a class C felony to a class B felony, the penalty for patronizing a prostitute if the victim is under age 16. It maintains existing law's penalty of a class C felony if the victim is age 16 or 17 or a trafficking victim.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

39

Nay

0

(04/04/2017)

TOP