Substitute House Bill No. 6437
Substitute House Bill No. 6437
PUBLIC ACT NO. 93-340
AN ACT CONCERNING SEXUAL ASSAULT.
Section 1. Section 53a-65 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this part, except section 53a-70b,
the following terms have the following meanings:
(1) "Actor" means a person accused of sexual
assault.
(2) "Sexual intercourse" means vaginal
intercourse, anal intercourse, fellatio or
cunnilingus between persons regardless of sex. Its
meaning is limited to persons not married to each
other. Penetration, however slight, is sufficient
to complete vaginal intercourse, anal intercourse
or fellatio and does not require emission of
semen. Penetration may be committed by an object
manipulated by the actor into the genital or anal
opening of the victim's body.
(3) "Sexual contact" means any contact with
the intimate parts of a person not married to the
actor for the purpose of sexual gratification of
the actor or for the purpose of degrading or
humiliating such person or any contact of the
intimate parts of the actor with a person not
married to the actor for the purpose of sexual
gratification of the actor or for the purpose of
degrading or humiliating such person.
(4) "Mentally defective" means that a person
suffers from a mental disease or defect which
renders such person incapable of appraising the
nature of such person's conduct.
(5) "Mentally incapacitated" means that a
person is rendered temporarily incapable of
appraising or controlling such person's conduct
owing to the influence of a drug or intoxicating
substance administered to such person without such
person's consent, or owing to any other act
committed upon such person without such person's
consent.
(6) "Physically helpless" means that a person
is unconscious or for any other reason is
physically unable to communicate unwillingness to
an act.
(7) "Use of force" means: (A) Use of a
dangerous instrument; or (B) use of actual
physical force or violence or superior physical
strength against the victim.
(8) "Intimate parts" means the genital area,
groin, anus, inner thighs, buttocks or breasts.
(9) "PSYCHOTHERAPIST" MEANS A PHYSICIAN,
PSYCHOLOGIST, NURSE, SUBSTANCE ABUSE COUNSELOR,
SOCIAL WORKER, CLERGYMAN, MARITAL AND FAMILY
THERAPIST, MENTAL HEALTH SERVICE PROVIDER OR OTHER
PERSON, WHETHER OR NOT LICENSED OR CERTIFIED BY
THE STATE, WHO PERFORMS OR PURPORTS TO PERFORM
PSYCHOTHERAPY.
(10) "PSYCHOTHERAPY" MEANS THE PROFESSIONAL
TREATMENT, ASSESSMENT OR COUNSELING OF A MENTAL OR
EMOTIONAL ILLNESS, SYMPTOM OR CONDITION.
(11) "EMOTIONALLY DEPENDENT" MEANS THAT THE
NATURE OF THE PATIENT'S OR FORMER PATIENT'S
EMOTIONAL CONDITION AND THE NATURE OF THE
TREATMENT PROVIDED BY THE PSYCHOTHERAPIST ARE SUCH
THAT THE PSYCHOTHERAPIST KNOWS OR HAS REASON TO
KNOW THAT THE PATIENT OR FORMER PATIENT IS UNABLE
TO WITHHOLD CONSENT TO SEXUAL CONTACT BY OR SEXUAL
INTERCOURSE WITH THE PSYCHOTHERAPIST.
(12) "THERAPEUTIC DECEPTION" MEANS A
REPRESENTATION BY A PSYCHOTHERAPIST THAT SEXUAL
CONTACT BY OR SEXUAL INTERCOURSE WITH THE
PSYCHOTHERAPIST IS CONSISTENT WITH OR PART OF THE
PATIENT'S TREATMENT.
Sec. 2. Section 53a-71 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A person is guilty of sexual assault in
the second degree when such person engages in
sexual intercourse with another person and: [such
other person is] (1) SUCH OTHER PERSON IS THIRTEEN
YEARS OF AGE OR OLDER BUT under sixteen years of
age AND THE ACTOR IS MORE THAN TWO YEARS OLDER
THAN SUCH PERSON, or (2) SUCH OTHER PERSON IS
mentally defective or mentally incapacitated to
the extent that he is unable to consent to such
sexual intercourse, or (3) SUCH OTHER PERSON IS
physically helpless, or (4) SUCH OTHER PERSON IS
less than eighteen years old and the actor is such
person's guardian or otherwise responsible for the
general supervision of such person's welfare, or
(5) SUCH OTHER PERSON IS 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 (6) THE ACTOR
IS A PSYCHOTHERAPIST AND SUCH OTHER PERSON IS (A)
A PATIENT OF THE ACTOR AND THE SEXUAL INTERCOURSE
OCCURS DURING THE PSYCHOTHERAPY SESSION, (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 INTERCOURSE OCCURS BY
MEANS OF THERAPEUTIC DECEPTION, OR (7) THE ACTOR
ACCOMPLISHES THE SEXUAL INTERCOURSE BY MEANS OF
FALSE REPRESENTATION THAT THE SEXUAL INTERCOURSE
IS FOR A BONA FIDE MEDICAL PURPOSE BY A HEALTH
CARE PROFESSIONAL.
(b) Sexual assault in the second degree is a
class C felony for which nine months of the
sentence imposed may not be suspended or reduced
by the court.
Sec. 3. Section 53a-73a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A person is guilty of sexual assault in
the fourth degree when: (1) Such person
intentionally subjects another person to sexual
contact who is (A) under fifteen years of age, or
(B) mentally defective or mentally incapacitated
to the extent that he is unable to consent to such
sexual contact, or (C) physically helpless, or (D)
less than eighteen years old and the actor is such
person's guardian or otherwise responsible for the
general supervision of such person's welfare, or
(E) 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.
(b) Sexual assault in the fourth degree is a
class A misdemeanor.
Sec. 4. Subsection (b) of section 17a-101 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Any physician or surgeon [registered]
LICENSED under the provisions of chapter 370 or
371, any resident physician or intern in any
hospital in this state, whether or not so
[registered] LICENSED, and any registered nurse,
licensed practical nurse, medical examiner,
dentist, DENTAL HYGIENIST, psychologist, school
teacher, school principal, school guidance
counselor, school paraprofessional, social worker,
police officer, clergyman, PHARMACIST, PHYSICAL
THERAPIST, osteopath, optometrist, chiropractor,
podiatrist, mental health professional [,] OR
physician assistant, any person who is a
Connecticut certified substance abuse counselor,
any person who is a Connecticut certified marital
and family therapist, ANY PERSON WHO IS A SEXUAL
ASSAULT COUNSELOR OR A BATTERED WOMEN'S COUNSELOR
AS DEFINED IN SECTION 52-146k or any person paid
for caring for children in a day care center who
has reasonable cause to suspect or believe that
any child under the age of eighteen has had
physical injury or injuries inflicted upon him by
a person responsible for such child's or youth's
health, welfare or care, by a person given access
to such child by such responsible person, or by a
school employee other than by accidental means or
has injuries which are at variance with the
history given of them, or is in a condition which
is the result of maltreatment such as, but not
limited to, malnutrition, sexual abuse, sexual
exploitation, deprivation of necessities,
emotional maltreatment, or cruel punishment, or
has been neglected as defined by section 46b-120
shall report or cause a report to be made in
accordance with the provisions of subsection (c)
of this section, except that if a member of a
school staff who is required to report under the
provisions of this section has reasonable cause to
suspect or believe that any such child has had
such injuries inflicted upon him by a school
employee, the member of the school staff shall
report the information which is to be included in
the report described in said subsection (c) to the
superintendent of the school district or
supervisory agent of the nonpublic school in which
the school employee is employed and such
superintendent or supervisory agent shall
immediately notify the child's parent or other
person responsible for the child's care that a
member of the school staff has made such a report
and shall report or cause a report to be made in
accordance with the provisions of said subsection
(c). When the attendance of the person who has
such reasonable cause to suspect abuse with
respect to such child is pursuant to the
performance of services as a member of the staff
of a hospital, school, social welfare agency or
any other institution, such person shall notify
the person in charge of such institution, or his
designated agent, that such report has been made.
Any person required to report under the provisions
of this section who fails to make such report
shall be fined not more than five hundred dollars.
Sec. 5. Subsection (a) of section 17a-412 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) [On and after July 12, 1977, any] ANY
physician or surgeon licensed under the provisions
of chapter 370 or 371, any resident physician or
intern in any hospital in this state, whether or
not so licensed, and any registered nurse,
licensed practical nurse, medical examiner,
dentist, osteopath, optometrist, chiropractor,
podiatrist, social worker, clergyman, police
officer, pharmacist, physical therapist, nursing
home facility administrator, nurses aide or
orderly in a nursing home facility, any person
paid for caring for a patient in a nursing home
facility, any staff person employed by a nursing
home facility, [and] any regional ombudsman or
patients' advocate AND ANY PERSON WHO IS A SEXUAL
ASSAULT COUNSELOR OR A BATTERED WOMEN'S COUNSELOR
AS DEFINED IN SECTION 52-146k who has reasonable
cause to suspect or believe that a patient in a
nursing home facility has been abused, neglected,
exploited or abandoned, or is in a condition which
is the result of such abuse, neglect, exploitation
or abandonment, shall within five calendar days
report such information or cause a report to be
made in any reasonable manner to the nursing home
ombudsmen office. Any person required to report
under the provision of this section who fails to
make such report within the prescribed time period
shall be fined not more than five hundred dollars.
Sec. 6. Section 19a-112a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There is created a commission on the
standardization of the collection of evidence in
sexual assault investigations composed of [eleven]
THIRTEEN members as follows: The chief state's
attorney or his designee; [,] the executive
director of the permanent commission on the status
of women or her designee; the commissioner of
health services or his designee; THE COMMISSIONER
OF CHILDREN AND YOUTH SERVICES OR HIS DESIGNEE;
one member from the [state police major crimes
division] DIVISION OF STATE POLICE AND ONE MEMBER
FROM THE STATE POLICE FORENSIC SCIENCE LABORATORY
to be appointed by the commissioner of public
safety; [one member from the state forensic
laboratory to be appointed by the director of the
state forensic laboratory;] one member from
Connecticut Sexual Assault Crisis Services, Inc.
to be appointed by its board of directors; one
member from the Connecticut Hospital Association
to be appointed by the president of the
association; one emergency [room] physician
APPOINTED BY THE PRESIDENT OF THE CONNECTICUT
COLLEGE OF EMERGENCY PHYSICIANS; [,] one
obstetrician-gynecologist and one pediatrician to
be appointed by the president of the Connecticut
State Medical Society; [and] one [emergency room]
nurse to be appointed by the president of the
Connecticut [Nurse's] NURSES' Association; AND ONE
EMERGENCY NURSE TO BE APPOINTED BY THE PRESIDENT
OF THE EMERGENCY NURSES' ASSOCIATION OF
CONNECTICUT. THE CHIEF STATE'S ATTORNEY OR HIS
DESIGNEE SHALL BE CHAIRMAN OF THE COMMISSION. The
commission shall be within the [department of
health services] DIVISION OF CRIMINAL JUSTICE for
administrative purposes only.
(b) For purposes of this section "protocol"
means the state of Connecticut [hospital] HEALTH
CARE FACILITY protocol for victims of sexual
assault which shall consist of regulations adopted
in accordance with this subsection pertaining to
the collection of evidence in any sex offense
crime. The commission shall recommend the protocol
to the [commissioner of health services] CHIEF
STATE'S ATTORNEY for adoption as regulations in
accordance with the provisions of chapter 54. Said
regulations shall be adopted [no] NOT later than
[May 26, 1989] JANUARY 1, 1994. The commission
SHALL ANNUALLY REVIEW THE PROTOCOL AND may
ANNUALLY recommend changes to the protocol [every
two years] for adoption as regulations.
(c) The commission shall NOT LATER THAN
JANUARY 1, 1994, design a sexual assault evidence
collection kit AND MAY ANNUALLY RECOMMEND CHANGES
IN THE KIT TO THE CHIEF STATE'S ATTORNEY. Each kit
shall include instructions on the proper use of
the kit, standardized reporting forms,
standardized tests which shall be performed if the
victim so consents and standardized receptacles
for the collection and preservation of evidence.
The commission shall provide the kits to all
[institutions in the state with emergency rooms or
trauma center facilities] HEALTH CARE FACILITIES
IN THE STATE AT WHICH EVIDENCE COLLECTION
EXAMINATIONS ARE PERFORMED at no cost to such
[institutions] HEALTH CARE FACILITIES.
(d) Each [institution] HEALTH CARE FACILITY
in the state [with an emergency room or trauma
center facility] which provides for the collection
of sexual assault evidence shall follow the
protocol as described in subsection (b) of this
section upon the request of the alleged victim and
shall hold that evidence, maintaining its
integrity, for up to sixty days after such
collection. Upon the request of the victim or
guardian, such evidence shall be transferred to
the appropriate state or municipal police
department.
(e) No costs incurred by a [hospital or other
medical] HEALTH CARE facility for the examination
of the victim of sexual assault, when such an
examination is performed for the purposes of
gathering evidence as prescribed in the protocol
described in subsection (b) of this section, shall
be charged directly or indirectly to the victim of
such assault. Any such cost shall be charged to
the division of criminal justice.
(f) THE COMMISSION SHALL ADVISE THE CHIEF
STATE'S ATTORNEY ON THE ESTABLISHMENT OF A
MANDATORY TRAINING PROGRAM FOR HEALTH CARE
FACILITY STAFF REGARDING THE IMPLEMENTATION OF THE
REGULATIONS, THE USE OF THE EVIDENCE COLLECTION
KIT AND PROCEDURES FOR HANDLING EVIDENCE.
(g) THE COMMISSION SHALL ADVISE THE CHIEF
STATE'S ATTORNEY NOT LATER THAN JANUARY 1, 1994,
ON THE DEVELOPMENT OF A SEXUAL ASSAULT EXAMINER
PROGRAM AND ANNUALLY THEREAFTER ON THE
IMPLEMENTATION AND EFFECTIVENESS OF SUCH PROGRAM.
Sec. 7. Subsection (d) of section 29-1c of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) The commissioner of public safety shall
publish an annual report concerning the extent,
fluctuation, distribution and nature of crime in
Connecticut. THE ANNUAL REPORT SHALL INCLUDE A
SPECIFIC ANALYSIS OF THE NATURE, EXTENT AND
PATTERN OF SEX CRIMES IN THE STATE.
Sec. 8. Subsection (a) of section 46a-11b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any physician or surgeon licensed under
the provisions of chapter 370 or 371, any resident
physician or intern in any hospital in this state,
whether or not so licensed, any registered nurse,
any person paid for caring for persons in any
facility and any licensed practical nurse, medical
examiner, dental hygienist, dentist, occupational
therapist, osteopath, optometrist, chiropractor,
psychologist, podiatrist, social worker, SCHOOL
teacher, SCHOOL PRINCIPAL, SCHOOL GUIDANCE
COUNSELOR, SCHOOL PARAPROFESSIONAL, MENTAL HEALTH
PROFESSIONAL, PHYSICIAN ASSISTANT, CONNECTICUT
CERTIFIED SUBSTANCE ABUSE COUNSELOR, CONNECTICUT
CERTIFIED MARITAL AND FAMILY THERAPIST, speech
pathologist, clergyman, police officer,
pharmacist, [or] physical therapist OR SEXUAL
ASSAULT COUNSELOR OR BATTERED WOMEN'S COUNSELOR AS
DEFINED IN SECTION 52-146k who has reasonable
cause to suspect or believe that any mentally
retarded person has been abused or neglected
shall, within five calendar days, report such
information or cause a report to be made in any
reasonable manner to the director or persons
designated by him to receive such reports. Such
report shall be followed up by a written report
within five additional calendar days. Any person
required to report under this subsection who fails
to make such report shall be fined not more than
five hundred dollars.
Sec. 9. Section 54-86d of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person who has been the victim of a
sexual assault under section 53a-70, 53a-70a,
53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or
risk of injury, or impairing of morals under
section 53-21, or of an attempt thereof, shall not
be required to divulge his or her address or
telephone number during any trial or pretrial
evidentiary hearing arising from the sexual
assault or injury or risk of injury to, or
impairing of morals of, children; provided the
judge presiding over such legal proceeding shall
find: (1) Such information is not material to the
proceeding, (2) the identity of the victim has
been satisfactorily established, and (3) the
current address of the victim [is] WILL BE made
available to the defense IN THE SAME MANNER AND
TIME AS SUCH INFORMATION IS MADE AVAILABLE TO THE
DEFENSE FOR OTHER CRIMINAL OFFENSES.
Sec. 10. Section 54-86e of the general
statutes is repealed and the following is
substituted in lieu thereof:
The name and address of the victim of a
sexual assault under section 53a-70, 53a-70a,
53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or
risk of injury, or impairing of morals under
section 53-21, or of an attempt thereof shall be
confidential and shall be disclosed only upon
order of the superior court, except that such
information shall be available to the accused IN
THE SAME MANNER AND TIME AS SUCH INFORMATION IS
AVAILABLE TO THOSE ACCUSED OF OTHER CRIMINAL
OFFENSES.
Sec. 11. Section 54-193a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Notwithstanding the provisions of section
54-193, no person may be prosecuted for any
offense involving sexual abuse, sexual
exploitation or sexual assault of a minor except
within two years from the date the victim attains
the age of majority or [seven years after] WITHIN
FIVE YEARS FROM THE DATE THE VICTIM NOTIFIES ANY
POLICE OFFICER OR STATE'S ATTORNEY ACTING IN HIS
OFFICIAL CAPACITY OF the commission of the
offense, whichever is [less] EARLIER, provided in
no event shall such period of time be less than
five years after the commission of the offense.
Sec. 12. Section 53a-29 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The court may sentence a person to a
period of probation upon conviction of any crime,
other than a class A felony, if it is of the
opinion that: (1) Present or extended
institutional confinement of the defendant is not
necessary for the protection of the public; (2)
the defendant is in need of guidance, training or
assistance which, in his case, can be effectively
administered through probation supervision; and
(3) such disposition is not inconsistent with the
ends of justice.
(b) The court may impose a sentence of
conditional discharge for an offense, other than a
class A felony, if it is of the opinion that: (1)
Present or extended institutional confinement of
the defendant is not necessary for the protection
of the public; and (2) probation supervision is
not appropriate.
(c) When the court imposes a sentence of
conditional discharge the defendant shall be
released with respect to the conviction for which
the sentence is imposed but shall be subject,
during the period of such conditional discharge,
to such conditions as the court may determine. The
court shall impose the period of conditional
discharge authorized by subsection (d) of this
section and shall specify, in accordance with
section 53a-30, the conditions to be complied
with. When a person is sentenced to a period of
probation the court shall impose the period
authorized by subsection (d) of this section and
may impose any conditions authorized by said
section 53a-30. When a person is sentenced to a
period of probation, he shall pay to the court a
fee of two hundred dollars and shall be placed
under the supervision of the office of adult
probation.
(d) The period of probation or conditional
discharge, unless terminated sooner as provided in
section 53a-32 or 53a-33, shall be as follows: (1)
For a felony, EXCEPT AS PROVIDED IN SUBSECTION (e)
OF THIS SECTION, not more than five years; (2) for
a class A misdemeanor, not more than three years;
(3) for a class B misdemeanor, not more than two
years; (4) for a class C misdemeanor, not more
than one year; and (5) for an unclassified
misdemeanor, not more than one year if the
authorized sentence of imprisonment is three
months or less, or not more than two years if the
authorized sentence of imprisonment is in excess
of three months, or where the defendant is charged
with failure to provide subsistence for
dependents, a determinate or indeterminate period.
(e) THE PERIOD OF PROBATION, UNLESS TERMINATED
SOONER AS PROVIDED IN SECTION 53a-32 or 53a-33,
SHALL BE NOT MORE THAN THIRTY-FIVE YEARS FOR
CONVICTION OF A VIOLATION OF SECTION 53a-70,
53a-70a, 53a-70b, 53a-71, 53a-72a OR 53a-72b WHERE
(1) THE CONVICTION IS OF A SECOND OR SUBSEQUENT
VIOLATION OF ANY OF SAID SECTIONS OR (2) AT THE
TIME OF THE OFFENSE, THE DEFENDANT WAS EIGHTEEN
YEARS OF AGE OR OLDER AND THE VICTIM WAS UNDER
THIRTEEN YEARS OF AGE.
Sec. 13. Subsection (a) of section 53a-30 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) When imposing sentence of probation or
conditional discharge, the court may, as a
condition of the sentence, order that the
defendant: (1) Work faithfully at a suitable
employment or faithfully pursue a course of study
or of vocational training that will equip him for
suitable employment; (2) undergo medical or
psychiatric treatment and remain in a specified
institution, when required for that purpose; (3)
support his dependents and meet other family
obligations; (4) make restitution of the fruits of
his offense or make restitution, in an amount he
can afford to pay or provide in a suitable manner,
for the loss or damage caused thereby and the
court may fix the amount thereof and the manner of
performance; (5) if a minor, (A) reside with his
parents or in a suitable foster home, (B) attend
school, and (C) contribute to his own support in
any home or foster home; (6) post a bond or other
security for the performance of any or all
conditions imposed; (7) refrain from violating any
criminal law of the United States, this state or
any other state; (8) if convicted of a misdemeanor
or a felony, other than a capital felony, a class
A felony or a violation of section 21a-278,
21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58
or 53a-70b or any offense for which there is a
mandatory minimum sentence which may not be
suspended or reduced by the court, and any
sentence of imprisonment is suspended, participate
in an alternate incarceration program; (9) reside
in a residential community center or halfway house
approved by the commissioner of correction, and
contribute to the cost incident to such residence;
(10) participate in a program of community service
labor in accordance with section 53a-39c; (11) IF
CONVICTED OF A VIOLATION OF SECTION 53a-70,
53a-70a, 53a-70b, 53a-71, 53a-72a OR 53a-72b AND
(A) THE CONVICTION IS OF A SECOND OR SUBSEQUENT
VIOLATION OF ANY OF SAID SECTIONS OR (B) AT THE
TIME OF THE OFFENSE, THE DEFENDANT WAS EIGHTEEN
YEARS OF AGE OR OLDER AND THE VICTIM WAS UNDER
THIRTEEN YEARS OF AGE, UNDERGO SPECIALIZED SEXUAL
OFFENDER TREATMENT; [(11)] (12) satisfy any other
conditions reasonably related to his
rehabilitation. The court shall cause a copy of
any such order to be delivered to the defendant
and to the probation officer, if any.
Sec. 14. Section 53a-70 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A person is guilty of sexual assault in
the first degree when such person (1) compels
another person to engage in sexual intercourse by
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 against a third
person which reasonably causes such person to fear
physical injury to such person or a third person,
or (2) engages in sexual intercourse with [a]
ANOTHER person AND SUCH OTHER PERSON IS under
thirteen years of age AND THE ACTOR IS MORE THAN
TWO YEARS OLDER THAN SUCH PERSON, or (3) commits
sexual assault in the second degree as provided in
section 53a-71 and in the commission of such
offense is aided by two or more other persons
actually present.
(b) Sexual assault in the first degree is a
class B felony for which one year of the sentence
imposed may not be suspended or reduced by the
court.
Sec. 15. (NEW) Any person convicted of a
violation of section 53a-70, 53a-70a, 53a-71,
53a-72a, 53a-72b or 53a-73a of the general
statutes where the victim of the sexual assault
was a person ten years of age or under shall, in
addition to any fine or term of imprisonment
imposed, be sentenced to undergo psychological
counseling.
Sec. 16. Section 46b-120 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The terms used in this chapter shall, in its
interpretation and in the interpretation of other
statutes, be defined as follows: "Child" means any
person under sixteen years of age; "youth" means
any person sixteen to eighteen years of age;
"abused" means that a child or youth (a) has had
physical injury or injuries inflicted upon him
other than by accidental means, or (b) has
injuries which are at variance with the history
given of them, or (c) is in a condition which is
the result of maltreatment such as, but not
limited to, malnutrition, sexual molestation,
deprivation of necessities, emotional maltreatment
or cruel punishment; a child may be found
"mentally deficient" who, by reason of a
deficiency of intelligence, which has existed from
birth or from early age, requires, or will
require, for his protection or for the protection
of others, special care, supervision and control;
a child may be found "delinquent" (1) who has
violated any federal or state law or municipal or
local ordinance, other than an ordinance
regulating behavior of a child in a family with
service needs as defined in this section or (2)
who has violated any order of the superior court;
a child or youth may be found "dependent" whose
home is a suitable one for him, save for the
financial inability of his parents, parent,
guardian or other person maintaining such home, to
provide the specialized care his condition
requires; a "family with service needs" means a
family which includes a child who (A) has without
just cause run away from his parental home or
other properly authorized and lawful place of
abode; (B) is beyond the control of his parent,
parents, guardian or other custodian; (C) has
engaged in indecent or immoral conduct; [or] (D)
is a truant or habitual truant or who, while in
school, has been continuously and overtly defiant
of school rules and regulations; OR (E) IS
THIRTEEN YEARS OF AGE OR OLDER AND HAS ENGAGED IN
SEXUAL INTERCOURSE WITH ANOTHER PERSON AND SUCH
OTHER PERSON IS THIRTEEN YEARS OF AGE OR OLDER AND
NOT MORE THAN TWO YEARS OLDER OR YOUNGER THAN SUCH
CHILD; a child or youth may be found "neglected"
who (i) has been abandoned or (ii) is being denied
proper care and attention, physically,
educationally, emotionally or morally or (iii) is
being permitted to live under conditions,
circumstances or associations injurious to his
well-being, or (iv) has been abused; a child or
youth may be found "uncared for" who is homeless
or whose home cannot provide the specialized care
which his physical, emotional or mental condition
requires. For the purposes of this section the
treatment of any child by an accredited Christian
Science practitioner in lieu of treatment by a
licensed practitioner of the healing arts, shall
not of itself constitute neglect or maltreatment.
"Serious juvenile offense" means the violation by
a child, including attempt or conspiracy to
violate sections 21a-277, 21a-278, 29-35, 53-80a,
53-390 to 53-392, inclusive, 53a-54a to 53a-57,
inclusive, 53a-59 to 53a-60c, inclusive, 53a-70 to
53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to
53a-94a, inclusive, 53a-95, 53a-101, 53a-102a,
53a-103a, 53a-111 to 53a-113, inclusive,
subdivision (1) of subsection (a) of section
53a-122, subdivision (3) of subsection (a) of
section 53a-123, 53a-134, 53a-135, 53a-166,
53a-167c, subsection (a) of section 53a-174,
53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b,
or for having without just cause run away from any
secure placement other than home while committed
as a delinquent child to the commissioner of
children and youth services for a serious juvenile
offense. "Serious juvenile offender" means any
child adjudicated a delinquent child for
commission of a serious juvenile offense.
"Alcohol-dependent child" means any child who has
a psychoactive substance dependence on alcohol as
that condition is defined in the most recent
edition of the American Psychiatric Association's
"Diagnostic and Statistical Manual of Mental
Disorders". "Drug-dependent child" means any child
who has a psychoactive substance dependence on
drugs as that condition is defined in the most
recent edition of the American Psychiatric
Association's "Diagnostic and Statistical Manual
of Mental Disorders". No child shall be classified
as drug dependent who is dependent (A) upon a
morphine-type substance as an incident to current
medical treatment of a demonstrable physical
disorder other than drug dependence, or (B) upon
amphetamine-type, ataractic, barbiturate-type,
hallucinogenic or other stimulant and depressant
substances as an incident to current medical
treatment of a demonstrable physical or
psychological disorder, or both, other than drug
dependence.
Sec. 17. Subsection (h) of section 46b-149 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(h) If the court finds, based on clear and
convincing evidence, that the family of a child is
a family with service needs, the court may, in
addition to issuing any orders under section
46b-121, (1) refer the child to the department of
children and youth services for any voluntary
services provided by said department or, if the
family is a family with service needs solely as a
result of a finding that a child is a truant or
habitual truant, to the authorities of the local
or regional school district or private school for
services provided by such school district or such
school, which services may include summer school,
or to community agencies providing child and
family services; (2) commit that child to the care
and custody of the commissioner of children and
youth services for an indefinite period not to
exceed eighteen months; or (3) order the child to
remain in his own home or in the custody of a
relative or any other suitable person (A) subject
to the supervision of a probation officer or (B)
in the case of a family which is a family with
service needs solely as a result of a finding that
a child is a truant or habitual truant, subject to
the supervision of a probation officer and the
authorities of the local or regional school
district or private school; OR (4) IF THE FAMILY
IS A FAMILY WITH SERVICE NEEDS AS A RESULT OF THE
CHILD ENGAGING IN SEXUAL INTERCOURSE WITH ANOTHER
PERSON AND SUCH OTHER PERSON IS THIRTEEN YEARS OF
AGE OR OLDER AND NOT MORE THAN TWO YEARS OLDER OR
YOUNGER THAN SUCH CHILD, (A) REFER THE CHILD TO A
YOUTH SERVICE BUREAU OR OTHER APPROPRIATE SERVICE
AGENCY FOR PARTICIPATION IN A PROGRAM SUCH AS A
TEEN PREGNANCY PROGRAM OR A SEXUALLY TRANSMITTED
DISEASE PROGRAM AND (B) REQUIRE SUCH CHILD TO
PERFORM COMMUNITY SERVICE SUCH AS SERVICE IN A
HOSPITAL, AN AIDS PREVENTION PROGRAM OR AN OB/GYN
PROGRAM. If the court issues any order which
regulates future conduct of the child, the child
shall receive adequate and fair warning of the
consequences of violation of the order at the time
it is issued, and such warning shall be provided
to the child, to his attorney and to his legal
guardian in writing and shall be reflected in the
court record and proceedings.
Sec. 18. Section 29-7a of the general statutes
is repealed.
Sec. 19. This act shall take effect July 1,
1993, except that sections 1 to 3, inclusive, and
sections 14 to 17, inclusive, shall take effect
October 1, 1993.