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House Bill No. 5439

Public Act No. 04-123

AN ACT CONCERNING THE CHIEF STATE'S ATTORNEY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (d) of section 51-277 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(d) (1) The Chief State's Attorney and each deputy chief state's attorney may sign any warrants, information, applications for grand jury investigations and applications for extradition. [; and (1) upon application made by a state's attorney, and for good cause shown, after showing no other state's attorney is available, the Chief State's Attorney may be appointed by the Criminal Justice Commission to represent the state in criminal trials in lieu of any state's attorney, assistant state's attorney or deputy assistant state's attorney in any judicial district, and (2) whenever the interest of the state will be furthered by so doing, the]

(2) The Chief State's Attorney may, with the prior consent of the state's attorney for the judicial district, appear in court to represent the state.

(3) The Chief State's Attorney may represent the state in lieu of a state's attorney for a judicial district in any investigation, criminal action or proceeding if the Chief State's Attorney finds by clear and convincing evidence, misconduct, conflict of interest or malfeasance of a state's attorney, provided, upon request of such state's attorney, the Criminal Justice Commission, pursuant to regulations adopted in accordance with chapter 54, and after notice and hearing and good cause shown, may designate such state's attorney to represent the state in such investigation, criminal action or proceeding. In any case where the Chief State's Attorney indicates his intent to represent the state in lieu of a state's attorney under this [subsection] subdivision, and such state's attorney objects to such representation, upon the request of such state's attorney the Chief State's Attorney and the state's attorney shall each prepare a written statement of their claims relative to such representation. Both statements shall be submitted to the commission to be considered by it at such hearing and shall become a permanent record which may be reviewed by the commission and used at the time of reappointment of the Chief State's Attorney or such state's attorney.

Approved May 21, 2004