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statutes  is  repealed   and   the   following  is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