Substitute House Bill No. 5579
Substitute House Bill No. 5579
PUBLIC ACT NO. 98-48
AN ACT CONCERNING SPECIAL INVESTIGATIONS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 51-277a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Whenever a peace officer, in the
performance of his duties, uses deadly physical
force upon another person and such person dies as
a result thereof, the Division of Criminal Justice
shall cause an investigation to be made and shall
have the responsibility of determining whether the
use of deadly physical force by the peace officer
was appropriate under section 53a-22. The division
shall request the appropriate law enforcement
agency to provide such assistance as is necessary
to determine the circumstances of the incident.
(b) IN CAUSING SUCH AN INVESTIGATION TO BE
MADE, THE CHIEF STATE'S ATTORNEY MAY, AS PROVIDED
IN SECTION 51-281, DESIGNATE A PROSECUTORIAL
OFFICIAL FROM A JUDICIAL DISTRICT OTHER THAN THE
JUDICIAL DISTRICT IN WHICH THE INCIDENT OCCURRED
TO CONDUCT THE INVESTIGATION OR MAY, AS PROVIDED
IN SUBSECTION (a) OF SECTION 51-285, APPOINT A
SPECIAL ASSISTANT STATE'S ATTORNEY OR SPECIAL
DEPUTY ASSISTANT STATE'S ATTORNEY TO CONDUCT THE
INVESTIGATION. IF THE CHIEF STATE'S ATTORNEY
DESIGNATES A PROSECUTORIAL OFFICIAL FROM ANOTHER
JUDICIAL DISTRICT OR APPOINTS A SPECIAL PROSECUTOR
TO CONDUCT THE INVESTIGATION, THE CHIEF STATE'S
ATTORNEY SHALL, UPON THE REQUEST OF SUCH
PROSECUTORIAL OFFICIAL OR SPECIAL PROSECUTOR,
APPOINT A SPECIAL INSPECTOR OR SPECIAL INSPECTORS
TO ASSIST IN SUCH INVESTIGATION. ANY PERSON MAY
MAKE A WRITTEN REQUEST TO THE CHIEF STATE'S
ATTORNEY OR THE CRIMINAL JUSTICE COMMISSION
REQUESTING THAT THE CHIEF STATE'S ATTORNEY SO
DESIGNATE A PROSECUTORIAL OFFICIAL FROM ANOTHER
JUDICIAL DISTRICT OR APPOINT A SPECIAL PROSECUTOR
TO CONDUCT THE INVESTIGATION.
[(b)] (c) Upon the conclusion of the
investigation of the incident, the division shall
file a report with the Chief State's Attorney
which shall contain the following: (1) The
circumstances of the incident, (2) a determination
of whether the use of deadly physical force by the
peace officer was appropriate under section
53a-22, and (3) any future action to be taken by
the Division of Criminal Justice as a result of
the incident. The Chief State's Attorney shall
provide a copy of the report to the chief
executive officer of the municipality in which the
incident occurred and to the Commissioner of
Public Safety or the chief of police of such
municipality, as the case may be.
Sec. 2. Section 54-47c of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Any judge of the Superior Court, Appellate
Court or Supreme Court, the Chief State's Attorney
or a state's attorney may make application to a
panel of judges for an investigation into the
commission of a crime or crimes whenever such
applicant has reasonable belief that the
administration of justice requires an
investigation to determine whether or not there is
probable cause to believe that a crime or crimes
have been committed.
(b) Each application for an investigation into
the commission of a crime or crimes shall be made
in writing upon oath or affirmation to a panel of
judges. Each application shall include the
following information: (1) The identity of the
applicant and his authority to make such
application; (2) a full and complete statement of
the facts and circumstances relied upon by the
applicant to justify his reasonable belief that
the investigation will lead to a finding of
probable cause that a crime or crimes have been
committed; and (3) a full and complete statement
of the facts concerning all previous applications
known to the applicant, made to any panel of
judges, for investigation of any one or more of
the same criminal offenses involving any of the
same persons specified in the application,
including the action taken by the panel on each
such application. The panel of judges may require
such additional testimony or documentary evidence
in support of facts in the application as it deems
necessary. Such additional testimony shall be
transcribed.
(c) If the application is made by the Chief
State's Attorney or a state's attorney, it shall
also include [a full and complete statement of
facts showing that other normal investigative
procedures with respect to the alleged crime have
been tried and have failed or reasonably appear to
be unlikely to succeed if tried or be too
dangerous to employ] (1) A FULL AND COMPLETE
STATEMENT OF THE STATUS OF THE INVESTIGATION AND
OF THE EVIDENCE COLLECTED AS OF THE DATE OF SUCH
APPLICATION, (2) IF OTHER NORMAL INVESTIGATIVE
PROCEDURES HAVE BEEN TRIED WITH RESPECT TO THE
ALLEGED CRIME, A FULL AND COMPLETE STATEMENT
SPECIFYING THE OTHER NORMAL INVESTIGATIVE
PROCEDURES THAT HAVE BEEN TRIED AND THE REASONS
SUCH PROCEDURES HAVE FAILED, (3) IF OTHER NORMAL
INVESTIGATIVE PROCEDURES HAVE NOT BEEN TRIED, A
FULL AND COMPLETE STATEMENT OF THE REASONS SUCH
PROCEDURES REASONABLY APPEAR TO BE UNLIKELY TO
SUCCEED IF TRIED OR BE TOO DANGEROUS TO EMPLOY,
AND (4) A FULL AND COMPLETE STATEMENT OF THE
REASONS FOR THE APPLICANT'S BELIEF THAT THE
APPOINTMENT OF AN INVESTIGATORY GRAND JURY AND THE
INVESTIGATIVE PROCEDURES EMPLOYED BY SUCH
INVESTIGATORY GRAND JURY WILL LEAD TO A FINDING OF
PROBABLE CAUSE THAT A CRIME OR CRIMES HAVE BEEN
COMMITTED.
(d) THE PANEL MAY APPROVE THE APPLICATION AND
ORDER AN INVESTIGATION INTO THE COMMISSION OF A
CRIME OR CRIMES IF IT FINDS THAT (1) THE
ADMINISTRATION OF JUSTICE REQUIRES AN
INVESTIGATION TO DETERMINE WHETHER OR NOT THERE IS
PROBABLE CAUSE TO BELIEVE THAT A CRIME OR CRIMES
HAVE BEEN COMMITTED, (2) IF THE APPLICATION WAS
MADE BY THE CHIEF STATE'S ATTORNEY OR A STATE'S
ATTORNEY, OTHER NORMAL INVESTIGATIVE PROCEDURES
WITH RESPECT TO THE ALLEGED CRIME HAVE BEEN TRIED
AND HAVE FAILED OR REASONABLY APPEAR TO BE
UNLIKELY TO SUCCEED IF TRIED OR BE TOO DANGEROUS
TO EMPLOY, AND (3) THE INVESTIGATIVE PROCEDURES
EMPLOYED BY AN INVESTIGATORY GRAND JURY APPEAR
LIKELY TO SUCCEED IN DETERMINING WHETHER OR NOT
THERE IS PROBABLE CAUSE TO BELIEVE THAT A CRIME OR
CRIMES HAVE BEEN COMMITTED.
Sec. 3. Section 54-47d of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) If the panel approves the application and
orders an investigation into the commission of a
crime or crimes, the Chief Court Administrator
shall (1) appoint an investigatory grand jury to
conduct the investigation and (2) designate the
court location in the judicial district where any
motions to quash and any contempt proceedings
shall be heard and any findings and records of the
investigation shall be filed.
(b) Each order authorizing the investigation
into the commission of a crime or crimes by the
panel shall specify: (1) The date of issuance of
the order, (2) the period of time within which the
investigation is to be conducted, provided in no
event shall the investigation be longer than six
months from the date the Chief Court Administrator
appoints the investigatory grand jury to conduct
the investigation, unless an application for an
extension of time is filed and granted pursuant to
subsection (c) of this section, (3) the scope of
the investigation, and (4) [its] THE PANEL'S
reasons for finding that (A) the administration of
justice requires an investigation to determine
whether or not there is probable cause to believe
that a crime or crimes have been committed, (B) IF
THE APPLICATION WAS MADE BY THE CHIEF STATE'S
ATTORNEY OR A STATE'S ATTORNEY, OTHER NORMAL
INVESTIGATIVE PROCEDURES WITH RESPECT TO THE
ALLEGED CRIME HAVE BEEN TRIED AND HAVE FAILED OR
REASONABLY APPEAR TO BE UNLIKELY TO SUCCEED IF
TRIED OR BE TOO DANGEROUS TO EMPLOY AND (C) THE
INVESTIGATIVE PROCEDURES EMPLOYED BY THE
INVESTIGATORY GRAND JURY APPEAR LIKELY TO SUCCEED
IN DETERMINING WHETHER OR NOT THERE IS PROBABLE
CAUSE TO BELIEVE THAT A CRIME OR CRIMES HAVE BEEN
COMMITTED. The panel shall retain a copy of the
order and the original application and shall
transmit to the investigatory grand jury,
appointed pursuant to subsection (a) of this
section, the original order and a copy of the
application filed with the panel.
(c) The investigatory grand jury may make an
application to the panel of judges for an
extension of time within which to conduct its
investigation or for an amendment to the scope of
its investigation. The application for extension
or amendment shall set forth the reasons for the
necessity of such extension or amendment. No more
than two extensions or amendments of an order may
be granted by the issuing panel. The period of any
extension shall be no longer than the panel deems
necessary to achieve the purposes for which it was
granted and in no event shall any extension be for
a period longer than six months.
Approved May 19, 1998