Connecticut Seal

General Assembly

 

Raised Bill No. 5473

February Session, 2016

 

LCO No. 2055

 

*02055_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE INVESTIGATION OF FRAUD AND CORRUPTION.

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

Section 1. (NEW) (Effective October 1, 2016) For the purposes of sections 1 to 5, inclusive, of this act:

(1) "Crime" means a violation of any provision of the general statutes involving: (A) Corruption in the executive, legislative or judicial branch of state government or in the government of any political subdivision of the state, (B) fraud by a vendor of goods or services in the medical assistance program under Title XIX of the Social Security Act Amendments of 1965, as amended, (C) larceny in the first degree, (D) the election laws of this state, or (E) bribery or bribe receiving;

(2) "Property" includes, but is not limited to, documents, books, papers, records, films, recordings and other tangible things;

(3) "Prosecuting official" means the Chief State's Attorney, a deputy Chief State's Attorney or a state's attorney; and

(4) "Entity" means any natural person, firm, partnership, limited partnership, limited liability partnership, limited liability company, trust, syndicate, estate, association, corporation, custodian, nominee, municipality, agency or political or administrative subdivision of the state or other legal entity of any kind.

Sec. 2. (NEW) (Effective October 1, 2016) (a) In the investigation of conduct that would constitute the commission of a crime, a prosecuting official, in the performance of such official's duties during such investigation, shall have the authority to compel by subpoena the production of property related to the matter under investigation.

(b) Any subpoena issued pursuant to this section shall (1) compel only the production of property relevant to the investigation being conducted, (2) specify with reasonable particularity the property to be produced, (3) allow a reasonable period of time for compliance, and (4) require only the production of documents or records covering a reasonable period of time.

(c) Any subpoena issued pursuant to this section shall compel an entity to produce the property related to the matter under investigation at the office of the prosecuting official.

Sec. 3. (NEW) (Effective October 1, 2016) (a) In any investigation conducted pursuant to sections 2 to 5, inclusive, of this act, a prosecuting official may apply to a judge of the Superior Court for an order granting immunity from prosecution to any natural person to whom the state issues a subpoena. Such immunity may provide that the person will not be prosecuted or subjected to any penalty or forfeiture (1) for or on account of any property produced by such person, or for or on account of any evidence discovered as a result of or otherwise derived from property produced by such person, or (2) for or on account of any transaction, matter or thing concerning which such person produces property.

(b) No person who has been properly served with a subpoena pursuant to section 2 of this act and receives immunity under subsection (a) of this section, shall be excused from producing any property before the prosecuting official concerning an investigation on the ground or for the reason that the property required may tend to incriminate such person or subject such person to a penalty or forfeiture.

Sec. 4. (NEW) (Effective October 1, 2016) If any subpoena is issued pursuant to section 2 of this act for the production of the medical records, including psychiatric and substance abuse treatment records, of a natural person, the prosecuting official shall give written notice of the issuance of such subpoena to such person. Such person shall have standing to file a motion to quash the subpoena in accordance with section 5 of this act.

Sec. 5. (NEW) (Effective October 1, 2016) (a) Whenever a subpoena has been issued to compel the production of property pursuant to section 2 of this act, the entity summoned may file a motion to quash the subpoena. No fees or costs shall be assessed.

(b) The party filing the motion to quash shall be designated as the plaintiff, and shall be described as "John Doe", "Jane Doe" or some other alias, and the prosecuting official shall be designated as the defendant.

(c) The motion, upon its filing, shall be sealed as to the public. The motion shall be referred to the presiding criminal judge of the court for hearing or for assignment to another judge for hearing. Unless otherwise ordered by the judge conducting the hearing, the hearing shall be conducted in camera and the file on the motion shall be sealed as to the public, subject to further order of the court.

(d) The motion shall be expeditiously assigned and heard. The date and time of the hearing shall be established by the clerk after consultation with the judge assigned to conduct the hearing. The clerk shall give notice to the parties of the hearing so scheduled.

(e) A judge may quash or modify any subpoena issued pursuant to section 2 of this act for just cause or in recognition of any privilege established under law.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

New section

Sec. 2

October 1, 2016

New section

Sec. 3

October 1, 2016

New section

Sec. 4

October 1, 2016

New section

Sec. 5

October 1, 2016

New section

Statement of Purpose:

To give state prosecutors the tools to protect Connecticut residents from financial crime and to investigate fraud against government programs and funds.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]