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statutes  is  repealed  and   the   following   is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.