Bill Text: CT HB05552 | 2012 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Penalties For Failure To Report Child Abuse.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-19 - File Number 550 [HB05552 Detail]
Download: Connecticut-2012-HB05552-Comm_Sub.html
General Assembly |
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February Session, 2012 |
*_____HB05552JUD___040212____* |
AN ACT CONCERNING THE PENALTIES FOR FAILURE TO REPORT CHILD ABUSE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 53-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child, or (2) has contact with the intimate parts, as defined in section 53a-65, of a child under the age of sixteen years or subjects a child under sixteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child, or (3) intentionally and unreasonably interferes with or prevents the making of a report of suspected child abuse or neglect required under section 17a-101a, as amended by this act, or (4) permanently transfers the legal or physical custody of a child under the age of sixteen years to another person for money or other valuable consideration or acquires or receives the legal or physical custody of a child under the age of sixteen years from another person upon payment of money or other valuable consideration to such other person or a third person, except in connection with an adoption proceeding that complies with the provisions of chapter 803, shall be guilty of a class C felony for a violation of subdivision (1) or [(3)] (4) of this subsection, a class D felony for a violation of subdivision (3) of this subsection and a class B felony for a violation of subdivision (2) of this subsection, except that, if the violation is of subdivision (2) of this subsection and the victim of the offense is under thirteen years of age, such person shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.
(b) The act of a parent or agent leaving an infant thirty days or younger with a designated employee pursuant to section 17a-58 shall not constitute a violation of this section.
Sec. 2. Section 17a-101a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
Any mandated reporter, as defined in section 17a-101, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years (1) has been abused or neglected, as defined in section 46b-120, (2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (3) is placed at imminent risk of serious harm, shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive. Any person required to report under the provisions of this section who fails to make such report or fails to make such report within the time period prescribed in sections 17a-101b to 17a-101d, inclusive, and section 17a-103 shall be [fined not less than five hundred dollars or more than two thousand five hundred dollars] guilty of a class A misdemeanor and shall be required to participate in an educational and training program pursuant to subsection (d) of section 17a-101. The Commissioner of Children and Families, or the commissioner's designee, shall promptly notify the Chief State's Attorney when there is reason to believe that any such person has failed to make a report in accordance with this section.
Sec. 3. Subdivision (10) of section 46b-120 of the 2012 supplement to the general statutes, as amended by section 82 of public act 09-7 of the September special session, sections 9 and 10 of public act 11-71, section 12 of public act 11-157 and section 3 of public act 11-240, is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(10) "Serious juvenile offense" means (A) the violation of, including attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 29-35, subdivision (2) or [(3)] (4) of subsection (a) of section 53-21, as amended by this act, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) running away, without just cause, from any secure placement other than home while referred as a delinquent child to the Court Support Services Division or committed as a delinquent child to the Commissioner of Children and Families for a serious juvenile offense;
Sec. 4. Subsection (a) of section 54-36p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) The following property shall be subject to forfeiture to the state pursuant to subsection (b) of this section:
(1) All moneys used, or intended for use, in a violation of subdivision [(3)] (4) of subsection (a) of section 53-21, as amended by this act, or section 53a-86, 53a-87, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b or 53a-196c;
(2) All property constituting the proceeds obtained, directly or indirectly, from a violation of subdivision [(3)] (4) of subsection (a) of section 53-21, as amended by this act, or section 53a-86, 53a-87, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b or 53a-196c;
(3) All property derived from the proceeds obtained, directly or indirectly, from any sale or exchange for pecuniary gain from a violation of subdivision [(3)] (4) of subsection (a) of section 53-21, as amended by this act, or section 53a-86, 53a-87, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b or 53a-196c;
(4) All property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation for pecuniary gain of subdivision [(3)] (4) of subsection (a) of section 53-21, as amended by this act, or section 53a-86, 53a-87, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b or 53a-196c.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2012 |
53-21 |
Sec. 2 |
October 1, 2012 |
17a-101a |
Sec. 3 |
October 1, 2012 |
46b-120(10) |
Sec. 4 |
October 1, 2012 |
54-36p(a) |
Statement of Legislative Commissioners:
Sections 3 and 4 have been added to the bill to make conforming technical changes which are consistent with the changes made in section 1 of the bill.
JUD |
Joint Favorable Subst. |