Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 5151

   
 

*SB0013205151SDO*

Offered by:

 

SEN. LOONEY, 11th Dist.

SEN. DUFF, 25th Dist.

SEN. DOYLE, 9th Dist.

SEN. FLEXER, 29th Dist.

SEN. WINFIELD, 10th Dist.

SEN. GERRATANA, 6th Dist.

SEN. GOMES, 23rd Dist.

SEN. LARSON, 3rd Dist.

SEN. CASSANO, 4th Dist.

SEN. MOORE, 22nd Dist.

SEN. BYE, 5th Dist.

SEN. OSTEN, 19th Dist.

SEN. KENNEDY, 12th Dist.

SEN. LEONE, 27th Dist.

SEN. MCCRORY, 2nd Dist.

SEN. FONFARA, 1st Dist.

SEN. SLOSSBERG, 14th Dist.

SEN. HARTLEY, 15th Dist.

To: Subst. Senate Bill No. 132

File No. 604

Cal. No. 355

"AN ACT COMBATTING SEXUAL HARASSMENT AND SEXUAL ASSAULT."

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 46a-54 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

The commission shall have the following powers and duties:

(1) To establish and maintain such offices as the commission may deem necessary;

(2) To organize the commission into a division of affirmative action monitoring and contract compliance, a division of discriminatory practice complaints and such other divisions, bureaus or units as may be necessary for the efficient conduct of business of the commission;

(3) To employ legal staff and commission legal counsel as necessary to perform the duties and responsibilities under section 46a-55, as amended by this act. One commission legal counsel shall serve as supervising attorney. Each commission legal counsel shall be admitted to practice law in this state;

(4) To appoint such investigators and other employees and agents as it deems necessary, fix their compensation within the limitations provided by law and prescribe their duties;

(5) To adopt, publish, amend and rescind regulations consistent with and to effectuate the provisions of this chapter;

(6) To establish rules of practice to govern, expedite and effectuate the procedures set forth in this chapter;

(7) To recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate the policies of this chapter;

(8) To receive, initiate as provided in section 46a-82, as amended by this act, investigate and mediate discriminatory practice complaints;

(9) By itself or with or by hearing officers or human rights referees, to hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath and require the production for examination of any books and papers relating to any matter under investigation or in question;

(10) To make rules as to the procedure for the issuance of subpoenas by individual commissioners, hearing officers and human rights referees;

(11) To require written answers to interrogatories under oath relating to any complaint under investigation pursuant to this chapter alleging any discriminatory practice as defined in subdivision (8) of section 46a-51, as amended by this act, and to adopt regulations, in accordance with the provisions of chapter 54, for the procedure for the issuance of interrogatories and compliance with interrogatory requests;

(12) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed and with the cooperation of such agencies, (A) to study the problems of discrimination in all or specific fields of human relationships, and (B) to foster through education and community effort or otherwise good will among the groups and elements of the population of the state;

(13) To require the posting by an employer, employment agency or labor organization of such notices regarding statutory provisions as the commission shall provide;

(14) To require the posting, by any respondent or other person subject to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e, of such notices of statutory provisions as it deems desirable;

(15) (A) To require an employer having three or more employees to (i) post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment, and (ii) provide, not later than three months after the employee's start date with the employer, a copy of the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment to each employee by electronic mail with a subject line that includes the words "Sexual Harassment Policy" or words of similar import, if (I) the employer has provided an electronic mail account to the employee, or (II) the employee has provided the employer with an electronic mail address, provided if an employer has not provided an electronic mail account to the employee, the employer shall post the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment on the employer's Internet web site, if the employer maintains such an Internet web site. An employer may comply with the requirements of this clause, by providing an employee with the link to the commission's Internet web site concerning the illegality of sexual harassment and the remedies available to victims of sexual harassment by electronic mail, text message or in writing; and (B) to require an employer having [fifty] (i) twenty or more employees to provide two hours of training and education to all [supervisory] employees within one year of [October 1, 1992, and to all new supervisory employees within six months of their assumption of a supervisory position] October 1, 2018, provided any employer who has provided such training and education to any such employees after October 1, [1991] 2017, shall not be required to provide such training and education a second time. Any employee hired on or after October 1, 2018, by an employer having twenty or more employees, shall receive such training and education not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56, as amended by this act; or (ii) less than twenty employees to provide two hours of training and education to all supervisory employees within one year of October 1, 2018, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such supervisory employees after October 1, 2017, shall not be required to provide such training and education a second time. Any supervisory employee hired on or after October 1, 2018, by an employer having less than twenty employees, shall receive such training and education not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56, as amended by this act. Such training and education shall include information concerning (I) the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment, including, but not limited to, the remedies available from the commission pursuant to the provisions of this chapter, and (II) the type of conduct that constitutes sexual assault as defined in section 54-240. An employer who is required to provide training under this subdivision shall provide periodic supplemental training that updates all supervisory and nonsupervisory employees on the content of such training and education not less than every ten years. As used in this subdivision, "sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60, as amended by this act, and "employer" includes the General Assembly;

(16) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity training and education (i) to all supervisory and nonsupervisory employees, not later than July 1, 2002, with priority for such training to supervisory employees, and (ii) to all newly hired supervisory and nonsupervisory employees, not later than six months after their assumption of a position with a state agency, with priority for such training to supervisory employees. Such training and education shall include information concerning the federal and state statutory provisions concerning discrimination and hate crimes directed at protected classes and remedies available to victims of discrimination and hate crimes, standards for working with and serving persons from diverse populations and strategies for addressing differences that may arise from diverse work environments; and (B) submit an annual report to the Commission on Human Rights and Opportunities concerning the status of the diversity training and education required under subparagraph (A) of this subdivision. The information in such annual reports shall be reviewed by the commission for the purpose of submitting an annual summary report to the General Assembly. Notwithstanding the provisions of this section, if a state agency has provided such diversity training and education to any of its employees prior to October 1, 1999, such state agency shall not be required to provide such training and education a second time to such employees. The requirements of this subdivision shall be accomplished within available appropriations. As used in this subdivision, "employee" shall include any part-time employee who works more than twenty hours per week;

(17) To require each agency to submit information demonstrating its compliance with subdivision (16) of this section as part of its affirmative action plan and to receive and investigate complaints concerning the failure of a state agency to comply with the requirements of subdivision (16) of this section; and

(18) To enter into contracts for and accept grants of private or federal funds and to accept gifts, donations or bequests, including donations of service by attorneys.

Sec. 2. Subdivision (8) of section 46a-51 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(8) "Discriminatory practice" means a violation of section 4a-60, 4a-60a, 4a-60g, 31-40y, subdivisions (13) to (17), inclusive, of section 46a-54, as amended by this act, 46a-58, 46a-59, 46a-60, as amended by this act, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80 or sections 46a-81b to 46a-81o, inclusive;

Sec. 3. Subsection (a) of section 46a-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commission shall:

(1) Investigate the possibilities of affording equal opportunity of profitable employment to all persons, with particular reference to job training and placement;

(2) Compile facts concerning discrimination in employment, violations of civil liberties and other related matters;

(3) Investigate and proceed in all cases of discriminatory practices as provided in this chapter and noncompliance with the provisions of section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive;

(4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their outcome, the decisions it has rendered and the other work it has performed;

(5) Monitor state contracts to determine whether they are in compliance with sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit discrimination; [and]

(6) Compile data concerning state contracts with female and minority business enterprises and submit a report annually to the General Assembly concerning the employment of such business enterprises as contractors and subcontractors;

(7) Develop and include on the commission's Internet web site a link concerning the illegality of sexual harassment, as defined in section 46a-60, as amended by this act, and the remedies available to victims of sexual harassment; and

(8) Develop and make available to employers an online training and education video or other interactive method of training and education that fulfills the requirements prescribed in subdivision (15) of section 46a-54, as amended by this act.

Sec. 4. Subdivision (8) of subsection (b) of section 46a-60 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(8) (A) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass any employee, person seeking employment or member on the basis of sex or gender identity or expression. "Sexual harassment" shall, for the purposes of this subdivision, be defined as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when [(A)] (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, [(B)] (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or [(C)] (iii) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;

(B) If an employer takes immediate corrective action in response to an employee's claim of sexual harassment, such corrective action shall not modify the conditions of employment of the employee making the claim of sexual harassment unless such employee agrees, in writing, to any modification in the conditions of employment. Corrective action taken by an employer, may include, but need not be limited to, employee relocation, assigning an employee to a different work schedule or other substantive changes to an employee's terms and conditions of employment. No employer shall take or threaten to take any personnel action against any employee in retaliation for the employee filing a complaint alleging that an employer has committed a discriminatory practice.

Sec. 5. Subsection (f) of section 46a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(f) Any complaint filed pursuant to this section [must] shall be filed within one hundred and eighty days after the alleged act of discrimination, except that any complaint by a person (1) claiming to be aggrieved by a violation of subsection (a) of section 46a-80 [must] that occurred before October 1, 2018, shall be filed within thirty days of the alleged act of discrimination, and (2) claiming to be aggrieved by a violation of section 46a-60, as amended by this act, sections 46a-70 to 46a-78, inclusive, section 46a-80 or 46a-81c, that occurred on or after October 1, 2018, shall be filed not later than one year after the date of the alleged act of discrimination.

Sec. 6. Subsection (b) of section 46a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer (1) may order the hiring or reinstatement of any individual, with or without back pay, or restoration to membership in any respondent labor organization, and (2) shall (A) determine the amount of damages suffered by the complainant, including the actual costs incurred by the complainant as a result of the discriminatory practice, and (B) allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant. Liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint. Interim earnings, including unemployment compensation and welfare assistance or amounts which could have been earned with reasonable diligence on the part of the person to whom back pay is awarded shall be deducted from the amount of back pay to which such person is otherwise entitled. The amount of any deduction for interim unemployment compensation or welfare assistance shall be paid by the respondent to the commission which shall transfer such amount to the appropriate state or local agency.

Sec. 7. Section 46a-83a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

If a complaint is dismissed for failure to accept full relief pursuant to subsection (m) of section 46a-83, and the complainant does not request reconsideration of such dismissal as provided in subsection (h) of section 46a-83, the executive director shall issue a release of jurisdiction and the complainant may, within ninety days of receipt of the release from the commission, bring an action in accordance with sections 46a-100 and 46a-102 to 46a-104, inclusive, as amended by this act, except that if the complaint concerns a violation of section 46a-60, sections 46a-70 to 46a-78, inclusive, section 46a-80 or section 46a-81c, that occurred on or after October 1, 2018, as amended by this act, the complainant may bring such action not later than one hundred eighty days after the date of the release from the commission.

Sec. 8. Section 46a-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Any employer, employment agency or labor organization which fails to post such notices of statutory provisions as the commission may require pursuant to subsection (13) of section 46a-54, as amended by this act, shall be [subject to a fine of] fined not more than [two hundred fifty] five hundred dollars.

(b) Any person who fails to post such notices of statutory provisions as the commission may require pursuant to subsection (14) of section 46a-54, as amended by this act, shall be fined not more than [two hundred fifty] one thousand dollars.

(c) Any employer who fails to provide the training and education concerning the illegality of sexual harassment and the remedies available to victims of sexual harassment, as required pursuant to subdivision (15) of section 46a-54, as amended by this act, shall be fined not more than one thousand dollars.

Sec. 9. Subsection (e) of section 46a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(e) Any action brought by the complainant in accordance with section 46a-100 shall be brought not later than ninety days after the date of the receipt of the release from the commission, except that an action brought by the complainant in accordance with section 46a-100, that concerns an alleged violation of section 46a-60, as amended by this act, sections 46a-70 to 46a-78, inclusive, section 46a-80 or section 46a-81c, that occurred on or after October 1, 2018, shall be brought not later than one year after the date of release from the commission.

Sec. 10. Section 46a-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

Any action brought in accordance with section 46a-100 shall be brought within two years of the date of filing of the complaint with the commission, except that an action [may be brought within six months of October 1, 1991, with respect to an alleged violation provided a complaint concerning such violation has been pending with the commission for more than one year as of October 1, 1991, unless the complaint has been scheduled for a hearing] alleging a violation of section 46a-60, as amended by this act, sections 46a-70 to 46a-78, inclusive, section 46a-80 or section 46a-81c, that occurred on or after October 1, 2018, shall be brought not later than one year after the date of release from the commission, or two years from the date of filing the complaint, whichever is longer.

Sec. 11. Subsection (b) of section 17a-101 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) The following persons shall be mandated reporters: (1) Any physician or surgeon licensed under the provisions of chapter 370, (2) any resident physician or intern in any hospital in this state, whether or not so licensed, (3) any registered nurse, (4) any licensed practical nurse, (5) any medical examiner, (6) any dentist, (7) any dental hygienist, (8) any psychologist, (9) any school employee, as defined in section 53a-65, (10) any social worker, (11) any person who holds or is issued a coaching permit by the State Board of Education, is a coach of intramural or interscholastic athletics and is eighteen years of age or older, (12) any individual who is employed as a coach or director of youth athletics and is eighteen years of age or older, (13) any individual who is employed as a coach or director of a private youth sports organization, league or team and is eighteen years of age or older, (14) any paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer employed by a public or private institution of higher education who is eighteen years of age or older, excluding student employees, (15) any police officer, (16) any juvenile or adult probation officer, (17) any juvenile or adult parole officer, (18) any member of the clergy, (19) any pharmacist, (20) any physical therapist, (21) any optometrist, (22) any chiropractor, (23) any podiatrist, (24) any mental health professional, (25) any physician assistant, (26) any person who is a licensed or certified emergency medical services provider, (27) any person who is a licensed or certified alcohol and drug counselor, (28) any person who is a licensed marital and family therapist, (29) any person who is a sexual assault counselor or a domestic violence counselor, as defined in section 52-146k, (30) any person who is a licensed professional counselor, (31) any person who is a licensed foster parent, (32) any person paid to care for a child in any public or private facility, child care center, group child care home or family child care home licensed by the state, (33) any employee of the Department of Children and Families, (34) any employee of the Department of Public Health, (35) any employee of the Office of Early Childhood who is responsible for the licensing of child care centers, group child care homes, family child care homes or youth camps, (36) any paid youth camp director or assistant director, (37) the Child Advocate and any employee of the Office of the Child Advocate, [and] (38) any family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department, (39) any person who is a licensed behavior analyst or board certified assistant behavior analyst, and (40) any person who is employed by an entity described in subdivisions (7) to (11), inclusive, of subsection (b) of section 19a-77, who is eighteen years of age or older.

Sec. 12. (NEW) (Effective October 1, 2018) (a) As used in this section, "employer" has the same meaning as provided in section 31-58 of the general statutes, and "employee" means any individual employed or permitted to work by an employer.

(b) If an employee employed in a bona fide executive, administrative or professional capacity, as defined in the regulations of the federal Fair Labor Standards Act, is absent from his or her employment as a result of a disciplinary suspension for violating a written workplace conduct rule prohibiting harassment or workplace violence, the employer may deduct from the wages of such employee an amount equal to the wages that would have been paid for the number of days such employee is absent.

(c) The Labor Commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.

Sec. 13. (NEW) (Effective July 1, 2018) (a) As used in this section:

(1) "Administrator" has the same meaning as provided in subsection (a) of section 10-144e of the general statutes;

(2) "Complaint" means written communication alleging that an administrator has committed one or more acts of sexual harassment, that is filed by, or on behalf of, a school employee with (A) the superintendent of schools, (B) a person designated by the superintendent of schools to accept such complaint, (C) the Commission on Human Rights and Opportunities, or (D) a court.

(3) "Sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60 of the general statutes, as amended by this act; and

(4) "School employee" has the same meaning as provided in subdivision (13) of section 53a-65 of the general statutes.

(b) Upon the filing of a complaint of sexual harassment by a school employee against an administrator, the superintendent of schools shall immediately suspend such administrator and conduct an investigation of the allegations contained in such complaint.

Sec. 14. Section 151 of public act 17-2 of the June special session is repealed and the following is substituted in lieu thereof (Effective from passage):

For [each of] the fiscal [years] year ending June 30, 2018, [and June 30, 2019,] the Attorney General, utilizing transfer invoices, shall remit two hundred thousand dollars to the Judicial Branch and two hundred thousand dollars to the Division of Public Defender Services from moneys received by the Office of the Attorney General in connection with the settlement of any lawsuit to which the state is a party. Moneys remitted to the Judicial Branch and the Division of Public Defender Services pursuant to this section shall be used for purposes of the pilot program established in section 150 of [this act] public act 17-2. For the fiscal year ending June 30, 2019, the Attorney General, utilizing transfer invoices, shall remit four hundred thousand dollars to the Commission on Human Rights and Opportunities from moneys received by the Office of the Attorney General in connection with the settlement of any lawsuit to which the state is a party. The Commission on Human Rights and Opportunities shall establish a nonlapsing, other current expenses account that shall include the four hundred thousand dollars received from the Office of the Attorney General under this section. Moneys remitted to the Commission on Human Rights and Opportunities pursuant to this section shall be used by said commission during the fiscal years ending June 30, 2019, June 30, 2020, and June 30, 2021, for salaries and fringe benefits paid to any human rights investigator trainee hired by the commission to investigate discriminatory practice complaints filed under section 46a-82, as amended by this act.

Sec. 15. Section 46a-55 of the general statutes is amended by adding subsection (c) as follows (Effective October 1, 2018):

(NEW) (c) The executive director, through the supervising attorney, may, within available appropriations, assign a commission legal counsel to bring a civil action in lieu of an administrative hearing pursuant to section 46a-84, as amended by this act, when the executive director determines that such civil action (1) concerns an alleged violation of section 46a-60, as amended by this act, sections 46a-70 to 46a-78, inclusive, section 46a-80 or section 46a-81c, that occurred on or after October 1, 2018, and (2) is in the public interest and if the parties to the administrative hearing mutually agree, in writing, to the bringing of such civil action by commission legal counsel. The commission legal counsel shall bring such a civil action in the Superior Court not later than ninety days following the date the commission legal counsel notifies the parties of the executive director's determination. Such civil action may be served by certified mail and shall not be subject to the provisions of section 46a-100, 46a-101, as amended by this act, or 46a-102, as amended by this act. The jurisdiction of the Superior Court in an action brought under this subsection shall be limited to such claims, counterclaims, defenses or the like that could be presented at an administrative hearing before the commission, had the complaint remained with the commission for disposition. A complainant may intervene as a matter of right without permission of the court or the parties. The civil action shall be tried to the court without a jury. If the commission legal counsel determines that the interests of the state will not be adversely affected, the complainant or attorney for the complainant shall present all or part of the case in support of the complaint. The court may grant any relief available under section 46a-104. Where the Superior Court finds that a respondent has committed a violation of section 46a-60, as amended by this act, sections 46a-70 to 46a-78, inclusive, section 46a-80 or section 46a-81c, that occurred on or after October 1, 2018. The court shall grant the commission its fees and costs and award the commission a civil penalty, not exceeding ten thousand dollars, which shall be payable to the commission and used by the commission to advance the public interest in eliminating discrimination.

Sec. 16. Section 53a-72a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) A person is guilty of sexual assault in the third degree when such person (1) compels another person to submit to sexual contact (A) by the use of force against such other person or a third person, or (B) by the threat of use of force against such other person or against a third person, which reasonably causes such other person to fear physical injury to himself or herself or a third person, (2) subjects another person to sexual contact and such other person is mentally incapacitated to the extent that such other person is unable to consent to such sexual contact, or [(2)] (3) engages in sexual intercourse with another person whom the actor knows to be related to him or her within any of the degrees of kindred specified in section 46b-21.

(b) Sexual assault in the third degree is a class D felony or, if the victim of the offense is under sixteen years of age, a class C felony.

Sec. 17. Section 53a-73a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) A person is guilty of sexual assault in the fourth degree when: (1) Such person subjects another person to sexual contact who is (A) under thirteen years of age and the actor is more than two years older than such other person, or (B) thirteen years of age or older but under fifteen years of age and the actor is more than three years older than such other person, or (C) [mentally incapacitated or] impaired because of mental disability or disease to the extent that such other person is unable to consent to such sexual contact, or (D) physically helpless, or (E) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (F) in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or (2) such person subjects another person to sexual contact without such other person's consent; or (3) such person engages in sexual contact with an animal or dead body; or (4) such person is a psychotherapist and subjects another person to sexual contact who is (A) a patient of the actor and the sexual contact occurs during the psychotherapy session, or (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual contact occurs by means of therapeutic deception; or (5) such person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a health care professional; or (6) such person is a school employee and subjects another person to sexual contact who is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor; or (7) such person is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects another person to sexual contact who is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age; or (8) such person subjects another person to sexual contact and (A) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and (B) such other person is under eighteen years of age; or (9) such person subjects another person to sexual contact who is placed or receiving services under the direction of the Commissioner of Developmental Services in any public or private facility or program and the actor has supervisory or disciplinary authority over such other person.

(b) Sexual assault in the fourth degree is a class A misdemeanor or, if the victim of the offense is under sixteen years of age, a class D felony.

Sec. 18. Section 54-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018):

(a) There shall be no limitation of time within which a person may be prosecuted for (1) a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 53a-54d or 53a-169, a class B felony violation of section 53a-70 or 53a-70a, a class C felony violation of section 53a-72a, as amended by this act, or a violation of section 53a-70b, 53a-71, 53a-72b or 53a-86, (2) a violation of section 53a-165aa or 53a-166 in which such person renders criminal assistance to another person who has committed an offense set forth in subdivision (1) of this subsection, (3) a violation of section 53a-156 committed during a proceeding that results in the conviction of another person subsequently determined to be actually innocent of the offense or offenses of which such other person was convicted, or (4) a motor vehicle violation or offense that resulted in the death of another person and involved a violation of subsection (a) of section 14-224.

(b) No person may be prosecuted for a class D felony offense of section 53a-73a, as amended by this act, or 53a-72a, except within twenty-five years next after the offense has been committed.

[(b)] (c) No person may be prosecuted for any offense, other than an offense set forth in subsection (a) or (b) of this section, for which the punishment is or may be imprisonment in excess of one year, except within five years next after the offense has been committed.

[(c) No] (d) (1) Except as provided in subdivision (2) of this subsection, no person may be prosecuted for any offense, other than an offense set forth in subsection (a), [or] (b) or (c) of this section, except within one year next after the offense has been committed.

(2) No person may be prosecuted for a class A misdemeanor violation of section 53a-73a, as amended by this act, except within five years next after the offense has been committed.

[(d)] (e) If the person against whom an indictment, information or complaint for any of said offenses is brought has fled from and resided out of this state during the period so limited, it may be brought against such person at any time within such period, during which such person resides in this state, after the commission of the offense.

[(e)] (f) When any suit, indictment, information or complaint for any crime may be brought within any other time than is limited by this section, it shall be brought within such time.

Sec. 19. Section 54-193a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018):

Notwithstanding the provisions of section 54-193, as amended by this act, no person may be prosecuted for any offense, except [a class A felony] as provided in subsection (a) of section 54-193, as amended by this act, involving sexual abuse, sexual exploitation or sexual assault of a minor except within thirty years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense, whichever is earlier, provided if the prosecution is for a violation of subdivision (1) of subsection (a) of section 53a-71, the victim notified such police officer or state's attorney not later than five years after the commission of the offense."

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

Section 1

October 1, 2018

46a-54

Sec. 2

October 1, 2018

46a-51(8)

Sec. 3

from passage

46a-56(a)

Sec. 4

October 1, 2018

46a-60(b)(8)

Sec. 5

October 1, 2018

46a-82(f)

Sec. 6

October 1, 2018

46a-86(b)

Sec. 7

October 1, 2018

46a-83a

Sec. 8

October 1, 2018

46a-97

Sec. 9

October 1, 2018

46a-101(e)

Sec. 10

October 1, 2018

46a-102

Sec. 11

October 1, 2018

17a-101(b)

Sec. 12

October 1, 2018

New section

Sec. 13

July 1, 2018

New section

Sec. 14

from passage

PA 17-2 of the June Sp. Sess., Sec. 151

Sec. 15

October 1, 2018

46a-55

Sec. 16

October 1, 2018

53a-72a

Sec. 17

October 1, 2018

53a-73a

Sec. 18

October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018

54-193

Sec. 19

October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018

54-193a