Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 4917

   
 

*SB0013204917SDO*

Offered by:

 

SEN. LOONEY, 11th Dist.

SEN. DUFF, 25th Dist.

SEN. DOYLE, 9th Dist.

SEN. FLEXER, 29th 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. WINFIELD, 10th Dist.

SEN. KENNEDY, 12th 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 Section 46a-54 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):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; and (B) to require an employer having [fifty] three 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 by an employer on or after October 1, 2018, shall receive such training and education not later than six months after the date of his or her hire. 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. 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; and

(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 may take retaliatory action against an employee who refuses to consent to a modification of the conditions of employment. As used in this subparagraph "retaliatory action" means any termination, suspension, constructive discharge, demotion, unfavorable reassignment, refusal to promote, disciplinary action, creation of a hostile or offensive work environment or other adverse employment action taken by an employer against an employee;

Sec. 4. 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 (1) any complaint by a person 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) any complaint alleging a discriminatory practice in 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 two years after the date of the alleged act of discrimination.

Sec. 5. 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] issue an order eliminating the discriminatory practice complained of and making the complainant whole, including 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. 6. Subsection (a) of section 46a-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) (1) Whenever a complaint filed pursuant to section 46a-82, as amended by this act, alleges [a violation of section 46a-60 or 46a-81c,] a discriminatory employment practice and the executive director believes that [equitable relief is required to prevent irreparable harm to the complainant] (A) a court order is necessary to preserve an employment opportunity for the complainant until the commission is able to issue a final decision, or (B) for a discriminatory practice, occurring on or after October 1, 2018, that punitive damages or a civil penalty would be appropriate, the commission may bring a petition in the superior court for the judicial district of Hartford, the judicial district in which the discriminatory practice which is the subject of the complaint occurred or the judicial district in which the respondent resides [, provided this] for such order or relief. This subdivision shall not apply to complaints against employers with less than [fifty] three employees.

(2) The petition [shall seek appropriate temporary injunctive relief against the respondent pending final disposition of the complaint pursuant to the procedures set forth in this chapter. The injunctive relief may include an order temporarily restraining] brought by the commission may seek (A) an order barring the respondent from doing any act that would render ineffectual any order a presiding officer may render with respect to the complaint, (B) the award of punitive damages payable to the complainant, not to exceed fifty thousand dollars, or a civil penalty payable to the commission, not to exceed ten thousand dollars, or both, or (C) both of the remedies provided in subparagraphs (A) and (B) of this subdivision. In fashioning an order barring the respondent from taking any action that would render ineffectual any order a presiding officer may render, the availability of money damages shall not be an adequate remedy for the loss of an employment opportunity. Where the respondent demonstrates that the inability to fill a position immediately would cause undue hardship, the court may permit the respondent to fill the position until a final determination by the commission or court upon appeal of the commission's final determination.

(3) Upon service on the respondent of notice pursuant to section 46a-89a, the respondent shall be [temporarily restrained] barred from taking any action that would render ineffectual the [temporary injunctive] relief requested in the petition. [, provided nothing] Nothing in this section shall be construed to prevent the respondent from having any employment duties [enjoined under this section and section 46a-89a, from being] carried out by another employee and the notice shall so provide.

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

[If] On or after 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] not later than two years after the date 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.

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] one thousand 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] On or after October 1, 2018, any action brought by the complainant in accordance with section 46a-100 shall be brought not later than [ninety days] two years after the date of the receipt of the 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] On and after October 1, 2018, any action brought in accordance with section 46a-100 shall be brought [within] not later than two years [of the date of filing of the complaint with] after the date of the release from 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.]

Sec. 11. Section 46a-104 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

The court may grant a complainant in an action brought in accordance with section 46a-100 such legal and equitable relief which it deems appropriate including, but not limited to, temporary or permanent injunctive relief, punitive damages, attorney's fees and court costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant.

Sec. 12. 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. 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. (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. 15. 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 all moneys 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. 16. 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 accordance with this subsection, in lieu of an administrative hearing pursuant to section 46a-84, as amended by this act, when the executive director determines that a civil action 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, as amended by this act. Where the Superior Court finds that a respondent has committed a discriminatory practice, 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. 17. Section 46a-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) If the investigator fails to eliminate a discriminatory practice complained of pursuant to subsection (a) or (b) of section 46a-82 within fifty days of a finding of reasonable cause, the investigator shall, within ten days, certify the complaint and the results of the investigation to the executive director of the commission and to the Attorney General. The investigator's conclusion that conciliation has failed shall be conclusive on the issue.

(b) Upon (1) certification of a complaint filed pursuant to subsection (a) or (b) of section 46a-82, (2) the filing of a complaint pursuant to subsection (c) of said section, or (3) a decision to hear a complaint, which is made pursuant to subsection (e) of section 46a-83, the Chief Human Rights Referee shall appoint a human rights referee to act as a presiding officer to hear the complaint. The chief referee shall also appoint an individual authorized by subsection (e) of this section or a referee, other than the referee appointed to hear the complaint, to conduct settlement negotiations. The chief referee shall serve in the name of the commission a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint, together with a written notice requiring the respondent to appear at a hearing or settlement conference at a date and time specified in the notice. A hearing on a complaint filed pursuant to subsection (a) or (b) of section 46a-82 shall be commenced by convening a hearing conference not later than forty-five days after the certification of the complaint. Such hearing shall be a de novo hearing on the merits of the complaint and not an appeal of the commission's processing of the complaint prior to its certification. A hearing on a complaint filed pursuant to subsection (c) of section 46a-82 shall be commenced by convening a hearing conference not later than twenty days after the date of notice of such complaint. Hearings shall proceed with reasonable dispatch and be concluded in accordance with the provisions of section 4-180.

(c) The place of any hearing, hearing conference or settlement conference shall be the commission's administrative office in Hartford, unless all parties mutually agree to an alternate location.

(d) The case in support of the complaint shall be presented at the hearing by the Attorney General, who shall be counsel for the commission, or by a commission legal counsel as provided in section 46a-55, as amended by this act. If the Attorney General or the commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause on a complaint filed pursuant to subsection (a) or (b) of section 46a-82, or the commission legal counsel determines that a complaint to be heard pursuant to subsection (e) of section 46a-83, should be further investigated, the Attorney General or the commission legal counsel may withdraw the certification of the complaint or the decision to hear the complaint and remand the file to the investigator for further action. The investigator shall complete any required action not later than ninety days after receipt of such file. The complainant may be represented by an attorney of the complainant's own choice. If the Attorney General or the commission legal counsel determines that the interests of the state will not be adversely affected, the complainant or the attorney for the complainant shall present all or part of the case in support of the complaint. No commissioner may participate in the deliberations of the presiding officer in the case.

(e) A human rights referee or attorney who volunteers service pursuant to subdivision (18) of section 46a-54, as amended by this act, may supervise settlement endeavors. In employment discrimination cases only, the complainant and respondent, with the permission of the chief referee, may engage in alternate dispute resolution endeavors for not more than three months. The cost of such alternate dispute resolution endeavors shall be borne by the complainant or the respondent, or both, and not by the commission. Any endeavors or negotiations for conciliation, settlement or alternate dispute resolution shall not be received in evidence.

(f) The respondent shall file a written answer to the complaint under oath and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. If the respondent fails to file a written answer not later than fifteen days after the date of service of the complaint, or fails to appear at the hearing, hearing conference or settlement conference after notice in accordance with section 4-177, the presiding officer or a referee or an attorney who volunteers services pursuant to subsection (e) of this section may enter an order of default and order such relief as is necessary to eliminate the discriminatory practice and make the complainant whole, except that if the default was entered by an attorney who volunteers services pursuant to subsection (e) of this section, the chief referee shall appoint a referee to act as a presiding officer to award relief. The commission or the complainant may petition the Superior Court for enforcement of any such order for relief pursuant to section 46a-95.

(g) The presiding officer conducting any hearing shall permit reasonable amendment to any complaint or answer and the testimony taken at the hearing shall be under oath and be transcribed at the request of any party.

(h) Each party shall be afforded the opportunity to inspect and copy relevant and material records, papers and documents not in the possession of such party, except as otherwise provided by applicable state or federal law. The presiding officer may order a party to produce such records, papers and documents, and if a party fails to comply with such order within thirty days of the date of such order, the presiding officer may issue a nonmonetary order that the presiding officer deems just and appropriate, including, but not limited to, an order (1) finding that the matters that are the subject of the order are established in accordance with the claim of the party requesting such order, (2) prohibiting the party who has failed to comply with such order from introducing designated matters into evidence, (3) limiting the participation of the noncomplying party with regard to issues or facts relating to the order, and (4) drawing an adverse inference against the noncomplying party.

Sec. 18. 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. 19. 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. 20. 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 D felony violation of section 53a-73a, as amended by this act, or a violation of section 53a-70b, 53a-71, 53a-72a, as amended by this act, 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 any offense, other than an offense set forth in subsection (a) 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] (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) 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 ten years next after the offense has been committed.

(d) 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) 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. 21. 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,] there shall be no limitation of time within which a person may be prosecuted for an offense 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.]

Sec. 22. Section 54-193b of the general statutes is repealed. (Effective October 1, 2018)"

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

October 1, 2018

46a-60(b)(8)

Sec. 4

October 1, 2018

46a-82(f)

Sec. 5

October 1, 2018

46a-86(b)

Sec. 6

October 1, 2018

46a-89(a)

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

46a-104

Sec. 12

October 1, 2018

17a-101(b)

Sec. 13

July 1, 2018

New section

Sec. 14

October 1, 2018

New section

Sec. 15

from passage

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

Sec. 16

October 1, 2018

46a-55

Sec. 17

October 1, 2018

46a-84

Sec. 18

October 1, 2018

53a-72a

Sec. 19

October 1, 2018

53a-73a

Sec. 20

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. 21

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

Sec. 22

October 1, 2018

Repealer section