Connecticut Seal

General Assembly

File No. 613

    February Session, 2018

Substitute Senate Bill No. 484

Senate, April 19, 2018

The Committee on Judiciary reported through SEN. DOYLE of the 9th Dist. and SEN. KISSEL of the 7th Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING GRAND JURY REFORM.

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

Section 1. Section 54-47b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

For the purposes of sections 54-47a to 54-47h, inclusive, as amended by this act, unless the context otherwise requires:

(1) "Applicant" means any judge of the Superior Court, Appellate Court or Supreme Court, the Chief State's Attorney or a state's attorney who makes an application to a panel of judges for an investigation into the commission of a crime or crimes.

(2) "Crime or crimes" means (A) any crime or crimes involving 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) any violation of chapter 949c, (D) any violation of the election laws of the state, (E) any felony involving the unlawful use or threatened use of physical force or violence committed with the intent to intimidate or coerce the civilian population or a unit of government, and (F) any other class A, B or C felony or any unclassified felony punishable by a term of imprisonment in excess of five years [for which] that the Chief State's Attorney or state's attorney demonstrates that he or she has no other means of obtaining sufficient information as to whether a crime has been committed or the identity of the person or persons who may have committed a crime.

(3) "Investigatory grand jury" means a judge, constitutional state referee or any three judges of the Superior Court, other than a judge designated by the Chief Justice to serve on the panel, appointed by the Chief Court Administrator to conduct an investigation into the commission of a crime or crimes.

(4) "Panel of judges" or "panel" means a panel of three Superior Court judges designated by the Chief Justice of the Supreme Court from time to time to receive applications for investigations into the commission of crimes in accordance with the provisions of sections 54-47a to 54-47h, inclusive, as amended by this act, one of whom may be the Chief Court Administrator.

(5) "Target of the investigation" or "target" means a person who is reasonably suspected of committing a crime or crimes within the scope of the investigation.

Sec. 2. Section 54-47c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(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] Except as provided in section 3 of this act, 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 and in accordance with this subsection and subsection (c) of this section. Each application shall include the following information: (1) The identity of the applicant and [his] the applicant's authority to make such application; (2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify [his] the applicant's 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 (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 or the specific nature of the alleged crime or the nature of the investigation that leads the applicant to reasonably conclude that the use of normal investigative procedures would not result in the obtaining of information that would advance the investigation or would fail to secure and preserve evidence or testimony that might otherwise be compromised, (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, except as provided in section 3 of this act, 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 or, due to the specific nature of the alleged crime or the nature of the investigation, it is reasonable to conclude that the use of normal investigative procedures would not result in the obtaining of information that would advance the investigation or would fail to secure and preserve evidence or testimony that might otherwise be compromised, 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. (NEW) (Effective October 1, 2018) (a) For the purposes of this section:

(1) "Crime or crimes" means (A) any crime or crimes involving: (i) Corruption or abuse of official authority in the executive, legislative or judicial branch of state government or in the government of any political subdivision of the state, (ii) 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, (iii) larceny in the first degree by embezzlement, false pretenses, false promise, extortion or defrauding of public community, (iv) the election laws of this state, or (v) bribery under section 53a-147 of the general statutes or bribe receiving under section 53a-148 of the general statutes, or (B) any violation of section 53-395 of the general statutes that involves the predicate crime of money laundering in the first degree pursuant to section 53a-276 of the general statutes or trafficking in persons pursuant to section 53a-192a of the general statutes;

(2) "Property" includes, but is not limited to, documents, books, papers, records, films, recordings, electronic records and other tangible things. "Property" does not include electronic devices, including, but not limited to, computers, laptop computers, tablet devices and cellular phones;

(3) "Abuse of official authority" means a crime involving the intentional use by a public officer of such officer's office for the purpose of obtaining personal financial gain; and

(4) "Panel of judges" or "panel" means a panel of three Superior Court judges designated by the Chief Justice of the Supreme Court from time to time to receive applications for investigations into the commission of crimes in accordance with this section, one of whom may be the Chief Court Administrator.

(b) (1) The Chief State's Attorney, or a state's attorney designated by the Chief State's Attorney, may make application pursuant to this section in writing and under oath or affirmation to a panel of judges for an investigation into the commission of a crime or crimes, for the sole purpose of seeking permission to subpoena only property.

(2) Each application made pursuant to this section shall include: (A) The identity of the applicant and such applicant's authority to make such application; (B) the reasons for the applicant's reasonable belief that a crime or crimes have been committed; and (C) a statement 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.

(3) The panel may approve the application and order an investigation into the commission of a crime or crimes if it finds 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.

(4) If the panel approves the application and orders an investigation pursuant to subdivision (3) of this subsection, the grand jury appointed under section 54-47d of the general statutes, as amended by this act, may authorize the issuance of a subpoena under this section upon finding that a reasonable belief exists that a crime or crimes have been committed, that the property sought to be subpoenaed is material to the investigation of such crime or crimes, and that the administration of justice requires an investigation to determine whether there is probable cause to believe that a crime or crimes have been committed.

(5) Any subpoena issued pursuant to this section shall (A) compel only the production of property material to the investigation being conducted, (B) specify with reasonable particularity the property to be produced, (C) allow a reasonable period of time for production, and (D) require only the production of property covering a reasonable period of time.

Sec. 4. Section 54-47d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) If the panel approves [the] an application and orders an investigation pursuant to section 54-47c, as amended by this act, or section 3 of this act, into the commission of a crime or crimes, as defined in section 54-47b, as amended by this act, or section 3 of this act, 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] Except as provided in subsection (c) of this section, each order authorizing the investigation pursuant to section 54-47c, as amended by this act, into the commission of a crime or crimes, as defined in section 54-47b, as amended by this act, 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] nine 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)] (d) of this section, (3) the scope of the investigation, and (4) 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, or, due to the specific nature of the alleged crime or the nature of the investigation, it is reasonable to conclude that the use of normal investigative procedures would not result in the obtaining of information that would advance the investigation or would fail to secure and preserve evidence or testimony that might otherwise be compromised, 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) Each order authorizing the investigation into the commission of a crime or crimes, as defined in section 3 of this act, by the panel after an application is made pursuant to section 3 of this act, 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 nine 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 (d) of this section, (3) the scope of the investigation, (4) the panel's reasons for finding that a reasonable belief exists that a crime or crimes, as defined in section 3 of this act, have been committed, (5) that the property sought to be subpoenaed is material to the investigation of such crime or crimes, and (6) 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. For the purposes of this subsection, "property" has the same meaning as provided in section 3 of this act.

[(c)] (d) The investigatory grand jury may make an application to the panel of judges for an extension of time within which to conduct [its] the 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] the extension was granted and in no event shall any extension be for a period longer than six months.

Sec. 5. Section 54-47f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) The investigatory grand jury, in conducting the investigation, may (1) seek the assistance of the Chief State's Attorney or state's attorney who filed the application, or [his] or her designee, (2) appoint an attorney to provide assistance if a judge of the Superior Court, Appellate Court or Supreme Court filed the application, or (3) appoint any other attorney to provide assistance when necessary in the interest of justice.

(b) The attendance of witnesses summoned to appear and give testimony and the production of documents or other tangible evidence, pursuant to section 54-47c, as amended by this act, or property, pursuant to section 3 of this act, at such investigation may be compelled by subpoena, signed by any official authorized to issue such process. Any subpoena issued shall be served at least seventy-two hours before the date of appearance of a witness or production of documents or other tangible evidence or property, not including Saturdays, Sundays or legal holidays, unless controlling federal and state law provides otherwise and contain a notice advising the person summoned (1) whether such person is a target of the investigation, (2) that such person has the right to have counsel present when such person is being examined by the investigatory grand jury and to consult with such counsel, (3) that if such person is indigent, such person has the right to have counsel appointed to represent such person, and (4) that such person has the right not to be compelled to be a witness, or give evidence, against himself or herself.

(c) No person summoned to appear and give testimony or produce documents or other tangible evidence or property shall be required to testify or shall be required to produce documents or other tangible evidence or property if the presiding judge or judge of the court of the judicial district designated by the Chief Court Administrator pursuant to subsection (a) of section 54-47d, as amended by this act, to whom a motion to quash is assigned for a hearing determines (1) compliance with the subpoena by such person would be unduly burdensome or oppressive, (2) the primary purpose of the issuance of the subpoena is to harass the person subpoenaed, (3) such person has already been punished pursuant to subsection (e) of this section for such person's refusal to testify or produce such documents or other tangible evidence or property before any investigatory grand jury related to the same crime or crimes, or (4) such person has not been advised of such person's rights under this section.

(d) Any person summoned to appear and give testimony or produce documents or other tangible evidence or property to the grand jury shall have the right to counsel before the investigatory grand jury. The court of the judicial district designated by the Chief Court Administrator pursuant to subsection (a) of section 54-47d, as amended by this act, shall appoint counsel pursuant to subsection (d) of section 51-296, as amended by this act, to represent such person before the investigatory grand jury if the court determines, after investigation by the public defender or the office of public defender, that the person summoned is indigent, as defined in chapter 887. The cost for such counsel shall be established by, and paid from, funds appropriated to the Division of Public Defender Services for the purpose of providing such counsel.

[(c)] (e) If any [witness] persons properly summoned fails to appear or to produce any documents included in the subpoena, or if [he] such person fails to answer any proper question, the investigatory grand jury conducting the investigation may report the matter to the state's attorney for the judicial district which has been designated [in] under subsection (a) of section 54-47d, as amended by this act, unless such state's attorney is the applicant or has been appointed to assist in such investigation, in which case the investigatory grand jury shall report the matter to the Chief State's Attorney, and such state's attorney or Chief State's Attorney, as the case may be, may file a complaint setting forth the facts at any criminal session of the superior court in such judicial district. The court shall thereupon issue a citation to the [witness] person to appear before the court and show cause why [he] the person should not be punished as for a contempt, and if, after hearing, the court finds that [he] such person failed to appear without due cause or failed to produce any document properly to be presented to the investigatory grand jury or failed to answer any proper question in the course of the investigation, it may punish [him] such person as it might a witness failing to appear, to produce a document properly to be considered or to answer a proper question before the court.

[(d)] (f) Witnesses may be examined by the investigatory grand jury conducting the investigation or by any attorney or attorneys appointed by such investigatory grand jury for such purpose. At the hearing, the official conducting the investigation shall inform the witness that [he] such witness has the right to have counsel present in the investigatory grand jury room with him or her and the right to leave the investigatory grand jury room to consult with such counsel.

[(e)] (g) (1) The official conducting the investigation shall inform [any witness] a person who is a target of the investigation that [he] such person is a target and shall advise [him] such person that he or she has the right under the Constitution of the United States and the Constitution of Connecticut not to be compelled to be a witness, or to give evidence, against himself or herself. Neither the Chief State's Attorney or a state's attorney may summon before an investigatory grand jury a person who is a target who has stated through such person's counsel that such person intends to invoke such person's privilege against self-incrimination.

(2) A person who is a target may testify before the investigatory grand jury. The attorney or attorneys conducting the investigation shall notify such person of such person's right to testify, unless notification may result in such person's flight, endanger other persons or obstruct justice or unless such attorney or attorneys are unable to notify the person after exercising reasonable diligence.

[(f)] (h) Any attorney appointed to assist in conducting the investigation shall disclose to the investigatory grand jury any exculpatory information or material in [his] such attorney's possession, custody or control concerning any person who is a target of the investigation.

[(g)] (i) An official stenographer of the Superior Court or [his] such stenographer's assistant shall record any testimony taken at the investigation.

(j) For the purposes of this section, "property" has the same meaning as provided in section 3 of this act.

Sec. 6. (NEW) (Effective October 1, 2018) (a) Whenever a subpoena has been issued pursuant to section 54-47c of the general statutes, as amended by this act, or section 3 of this act, to compel testimony or the production of documents or other tangible evidence or property, the person summoned may file a motion to quash the subpoena in accordance with law and the rules of the court. No fees or costs may be assessed.

(b) If any subpoena is issued pursuant to section 54-47c of the general statutes, as amended by this act, or section 3 of this act for the production of records of a natural person, the subpoena shall comply with controlling federal or state law regarding notice and any person aggrieved by the issuance of such subpoena shall have standing to file a motion to quash in accordance with law and the rules of the court. No fees or costs may be assessed.

(c) A judge may quash or modify any subpoena issued pursuant to section 54-47c of the general statutes, as amended by this act, or section 3 of this act for reasons provided in subdivisions (1) to (4), inclusive, of subsection (c) of section 54-47f of the general statutes, as amended by this act, or in recognition of any privilege established under law, or for just cause.

(d) For the purposes of this section, "property" has the same meaning as provided in section 3 of this act.

Sec. 7. Section 54-47g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) [Within] Not later than sixty days [of] after the conclusion of the investigation, the investigatory grand jury conducting such investigation shall file its finding with the court of the judicial district designated by the Chief Court Administrator pursuant to subsection (a) of section 54-47d, as amended by this act, and shall file a copy of its finding with the panel and with the Chief State's Attorney or a state's attorney if such Chief State's Attorney or state's attorney made application for the investigation. The stenographer shall file any record of the investigation with the court of the judicial district designated by the Chief Court Administrator pursuant to subsection (a) of section 54-47d, as amended by this act, and the panel and the Chief State's Attorney or a state's attorney, if such Chief State's Attorney or state's attorney made application for the investigation, shall have access to such record upon request made to the clerk of the court without a hearing. Such finding shall state whether or not there is probable cause to believe that a crime or crimes have been committed. Except as otherwise provided in this section, any part of the record of the investigation not disclosed with the finding pursuant to subsection (b) of this section shall be sealed, [provided] except that any person may file an application with the panel for disclosure of any such part of the record. Upon receipt of such application, the panel shall, after notice, hold a hearing and the panel, by a majority vote, may disclose any such part of the record when such disclosure is deemed by the panel to be in the public interest, except that no part of the record shall be disclosed which contains allegations of the commission of a crime by an individual if the investigatory grand jury failed to find probable cause that such individual committed such crime unless such individual requests the release of such part of the record. Any person aggrieved by an order of the panel shall have the right to appeal such order by filing a petition for review with the Appellate Court [within] not later than seventy-two hours [from] after the issuance of such order.

(b) The finding of the investigation shall be open to public inspection and copying at the court where it has been filed seven calendar days after it has been filed, unless within that period the Chief State's Attorney or a state's attorney with whom the finding was filed files a motion with the investigatory grand jury requesting that a part or all of such finding not be so disclosed. The finding may include all or such part of the record as the investigatory grand jury may determine, except that no part of the record shall be disclosed which contains allegations of the commission of a crime by an individual if the investigatory grand jury failed to find probable cause that such individual committed such crime unless such individual requests the release of such part of the record. In such event as much of the finding as has not been sought to be withheld from disclosure shall be disclosed promptly upon the expiration of said seven-calendar-day period.

(c) [Within] Not later than fifteen calendar days [of] after the filing of such motion, the investigatory grand jury shall conduct a hearing. The investigatory grand jury shall give written notice of such hearing to the person filing such motion and any other person the investigatory grand jury deems to be an interested party to the proceedings, which may include, but not be limited to, persons who testified or were the subject of testimony before the investigatory grand jury. [Within] Not later than five calendar days [of] after the conclusion of the hearing, the investigatory grand jury shall render its decision, and shall send copies thereof to all those to whom it gave notice of the hearing. It shall deny any such motion unless it makes specific findings of fact on the record that there is a substantial probability that one of the following interests will be prejudiced by publicity that nondisclosure would prevent, and that reasonable alternatives to nondisclosure cannot adequately protect that interest: (1) The right of a person to a fair trial; (2) the prevention of potential defendants from fleeing; (3) the prevention of subornation of perjury or tampering with witnesses; or (4) the protection of the lives and reputations of innocent persons which would be significantly damaged by the release of uncorroborated information. Any order of nondisclosure shall be drawn to protect the interest so found.

(d) Any person aggrieved by an order of the investigatory grand jury shall have the right to appeal such order by filing a petition for review with the Appellate Court [within] not later than seventy-two hours [from] after the issuance of such order.

(e) The Appellate Court shall provide an expedited hearing on such petition in accordance with such rules as the judges of the Appellate Court may adopt, consistent with the rights of the petitioner and the parties.

(f) Notwithstanding the existence of an order of nondisclosure under this section, any witness may apply in writing to the presiding judge of the criminal session of the court of the judicial district wherein the record of the investigation has been filed, or [his] such judge's designee, for access to and a copy of the record of [his] the witness's own testimony. Any witness shall be allowed access, at all reasonable times, to the record of [his] the witness's own testimony and be allowed to obtain a copy of such record unless [said] such judge or [his] such judge's designee finds after a hearing and for good cause shown that it is not in the best interest of justice to allow the witness to have access to and a copy of the record of [his] the witness's testimony.

(g) Notwithstanding the existence of an order of nondisclosure under this section, the presiding judge of the criminal session of the court of the judicial district wherein the record of the investigation has been filed, or [his] such judge's designee, shall grant any written request of a person accused of a crime as a result of the investigation to have access, at all reasonable times, to the record of [his] such person's own testimony and to obtain a copy of such record.

Sec. 8. Section 54-47h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

In January of each year, the panel of judges appointed pursuant to section 54-47b, as amended by this act, shall report to the Chief Court Administrator, who shall in turn report to the Chief Justice, Governor and General Assembly, in accordance with the provisions of section 11-4a, the following information (1) with respect to applications made pursuant to subsections (b) and (c) of section 54-47c, as amended by this act, during the preceding calendar year: [(1)] (A) The number of applications for an investigation into the commission of a crime or crimes filed with the panel and the judicial district each such application was filed in; [(2)] (B) the number of applications approved by the panel; and [(3)] (C) the number of applications approved for extensions of time or amendments to the order; and (2) with respect to applications made pursuant to section 3 of this act during the preceding calendar year: (A) The number of applications made for an investigation into the commission of a crime or crimes filed with the panel and the judicial district each such application was filed in; (B) the number of applications approved by the panel; and (C) the number of applications approved for extensions of time or amendments to an order issuing a subpoena.

Sec. 9. Section 51-296 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) In any criminal action, in any habeas corpus proceeding arising from a criminal matter, in any extradition proceeding, or in any delinquency matter, the court before which the matter is pending shall, if it determines after investigation by the public defender or his office that a defendant is indigent as defined under this chapter, designate a public defender, assistant public defender or deputy assistant public defender to represent such indigent defendant, unless, in a misdemeanor case, at the time of the application for appointment of counsel, the court decides to dispose of the pending charge without subjecting the defendant to a sentence involving immediate incarceration or a suspended sentence of incarceration with a period of probation or the court believes that the disposition of the pending case at a later date will not result in a sentence involving immediate incarceration or a suspended sentence of incarceration with a period of probation and makes a statement to that effect on the record. If it appears to the court at a later date that, if convicted, the sentence of an indigent defendant for whom counsel has not been appointed will involve immediate incarceration or a suspended sentence of incarceration with a period of probation, counsel shall be appointed prior to trial or the entry of a plea of guilty or nolo contendere.

(b) In the case of codefendants, the court may appoint one or more public defenders, assistant public defenders or deputy assistant public defenders to represent such defendants or may appoint counsel from the trial list established under section 51-291.

(c) (1) The division shall provide, pursuant to section 51-296a: (A) Legal services and guardians ad litem to children, youths and indigent respondents in family relations matters in which the state has been ordered to pay the cost of such legal services and guardians ad litem, provided legal services shall be provided to indigent respondents pursuant to this subparagraph only in paternity proceedings and contempt proceedings; and (B) legal services and guardians ad litem to children, youths and indigent legal parties in proceedings before the superior court for juvenile matters. To carry out the requirements of this subsection, the office of Chief Public Defender may contract with (i) appropriate not-for-profit legal services agencies, (ii) individual lawyers or law firms for the delivery of legal services to represent children and indigent legal parties in such proceedings, and (iii) mental health professionals as guardians ad litem in family relations matters. Any contract entered into pursuant to this subsection may include terms encouraging or requiring the use of a multidisciplinary agency model of legal representation.

(2) The division shall establish a system to ensure that attorneys providing legal services pursuant to this subsection are assigned to cases in a manner that will avoid conflicts of interest, as defined by the Rules of Professional Conduct.

(3) The division shall establish training, practice and caseload standards for the representation of children, youths, indigent respondents and indigent legal parties pursuant to subdivision (1) of this subsection. Such standards shall apply to each attorney who represents children, youths, indigent respondents or indigent legal parties pursuant to this subsection and shall be designed to ensure a high quality of legal representation. The training standards for attorneys required by this subdivision shall be designed to ensure proficiency in the procedural and substantive law related to such matters and to establish a minimum level of proficiency in relevant subject areas, including, but not limited to, family violence, child development, behavioral health, educational disabilities and cultural competence.

(d) In a grand jury proceeding pursuant to sections 54-47a to 54-47h, inclusive, as amended by this act, and sections 3 and 6 of this act, the court of the judicial district designated by the Chief Court Administrator pursuant to subsection (a) of section 54-47d, as amended by this act, shall, if the Chief Public Defender or the office of Chief Public Defender determines after investigation that the person summoned to the grand jury is indigent, as defined under this chapter, designate a public defender, assistant public defender or deputy assistant public defender to represent such indigent person.

[(d)] (e) Prior to the appearance in court in any matter specified in this section by a defendant, child, youth, respondent, person summoned to a grand jury proceeding or legal party, a public defender, assistant public defender, deputy assistant public defender or Division of Public Defender Services assigned counsel, upon a determination that the defendant, child, youth, respondent or legal party is indigent pursuant to subsection (a) of section 51-297, shall be authorized to represent the defendant, child, youth, respondent, person summoned to a grand jury proceeding or legal party until the court appoints counsel for such defendant, child, youth, respondent or legal party.

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

Section 1

October 1, 2018

54-47b

Sec. 2

October 1, 2018

54-47c

Sec. 3

October 1, 2018

New section

Sec. 4

October 1, 2018

54-47d

Sec. 5

October 1, 2018

54-47f

Sec. 6

October 1, 2018

New section

Sec. 7

October 1, 2018

54-47g

Sec. 8

October 1, 2018

54-47h

Sec. 9

October 1, 2018

51-296

JUD

Joint Favorable Subst.

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill makes a procedural change to the grand jury process in certain situations and does not result in a fiscal impact.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

sSB 484

AN ACT CONCERNING GRAND JURY REFORM.

SUMMARY

Existing law permits judges and state's attorneys to apply to a panel of judges for a grand jury investigation into whether there is probable cause to believe that certain crimes were committed. This bill additionally permits the chief state's attorney, or a state's attorney he designates, to apply for a grand jury investigation into the commission of certain crimes for the sole purpose of seeking permission to subpoena certain property. The state's attorney may apply for such an investigation if (1) he or she has a reasonable belief that one or more of certain crimes the bill specifies has been committed and (2) the administration of justice requires an investigation to determine whether there is probable cause to believe so.

For the state's attorney's application for an investigation to subpoena property only, the bill establishes (1) the information that must be included in the application, (2) what an order authorizing such an investigation must specify, (3) the standard for issuing the subpoena, and (4) the scope of any such subpoena which, within a statutory timeframe, must provide specific notice to the person summoned to testify.

The bill also imposes certain notice requirements for witnesses summoned before a grand jury and prohibits the state's attorney from summoning someone who intends to invoke his or her Constitutional privilege against self-incrimination. It also permits anyone who receives a subpoena from a grand jury to file a motion with the court to quash the subpoena.

The bill additionally gives a person summoned before a grand jury the right to (1) know if he or she is a target of the investigation, (2) counsel, and (3) not be compelled to testify.

The bill adds to the information required in the annual report to the chief court administrator prepared by the panel of judges who review grand jury applications. Under the bill, the reports must additionally include (1) the judicial district in which each application for an investigation to determine probable cause was filed and (2) data on applications for investigations to subpoena only property.

The bill also makes technical and conforming changes ( 2 and 7).

EFFECTIVE DATE: October 1, 2018

3-4 — INVESTIGATION TO SUBPOENA CERTAIN PROPERTY

The bill allows the chief state's attorney, or a state's attorney he designates, to apply in writing and under oath or affirmation to a panel of judges (“panel”) for an investigation into the commission of certain crimes for the sole purpose of seeking permission to subpoena certain property. (The panel consists of three Superior Court judges designated by the Supreme Court Chief Justice, one of whom may be the chief court administrator.)

Generally, the law requires grand jury investigation applications to include certain specific statements such as (1) the status of the investigation and evidence collected to date and (2) if other investigatory procedures were not tried, the reasons they are unlikely to succeed or are too dangerous to use. The bill does not require such statements in applications for the more limited investigations.

Property Defined

Under the bill, "property" includes documents, books, papers, records, films, recordings, electronic records, and other tangible things. It does not include electronic devices, such as computers, tablet devices, and cellular phones.

Scope of the Investigation to Subpoena Property Only

The crimes for which a state's attorney may apply for a grand jury investigation to subpoena only property is limited to the following crimes:

Under the bill, "abuse of official authority" means a crime involving a public officer's intentional use of his or her office to obtain personal financial gain.

In addition to applying for investigations into probable cause of the above crimes, existing law, unchanged by the bill, permits judges and state's attorneys to apply for grand jury investigations into probable cause of other racketeering offenses and organized crime, certain terrorism-related crimes, and any class A, B, and C felonies punishable by more than five years imprisonment for which the prosecutor can show that he or she has no other means of obtaining (1) sufficient information to determine whether a crime has been committed or (2) the perpetrator's identity.

Application for Investigation to Subpoena Certain Property

The application must include:

Panel Approval of Investigation

The bill allows the panel to approve the application and order an investigation if it finds that the administration of justice requires an investigation to determine whether there is probable cause to believe a crime has been committed.

Order Authorizing the Investigation. Under the bill, each order the panel authorizes to investigate the commission of a crime solely to subpoena property, must specify:

Standard for Issuing the Subpoena. If the panel approves the application and orders an investigation, the grand jury may authorize the issuance of a subpoena if it finds that:

Scope of the Subpoena. If a subpoena is issued for an investigation into the commission of a crime solely to subpoena property, it must:

1, 5, & 6 — GRAND JURY SUBPOENA SERVICE AND INVESTIGATION TARGETS

Under existing law, witnesses may be compelled by subpoena to attend a grand jury investigation and to produce documents. The bill specifies that a witness for any grand jury investigation may be summoned to appear and give testimony and produce other tangible assets or, for the more limited investigations the bill permits, property.

The bill also imposes certain notice requirements for witnesses summoned before a grand jury and prohibits the state's attorney from summoning before a grand jury a person who intends to invoke his or her Constitutional privilege against self-incrimination.

Service and Notice

Under the bill, any grand jury subpoena must be served at least 72 hours before the date of appearance of a witness or production of documents or other tangible evidence or property, not including Saturdays, Sundays or legal holidays, unless federal and state law provides otherwise.

The subpoena must contain a notice advising the person summoned:

Target of the Investigation

The bill prohibits the state's attorney from summoning before an investigatory grand jury a person who is a target who has stated through counsel that he or she intends to invoke his or her privilege against self-incrimination.

Under the bill, “target of the investigation" or "target" means a person reasonably suspected of committing a crime within the scope of the investigation.

The bill allows a person who is a target to testify before the investigatory grand jury. The attorney conducting the investigation must notify the person of his or her right to testify, unless (1) notification may result in the person's flight, endanger other persons, or obstruct justice or (2) the attorney is unable to notify the person after exercising reasonable diligence.

5 & 6 — MOTION TO QUASH

General Provisions

Under the bill, if a grand jury issues a subpoena to compel testimony or the production of documents or other tangible evidence or property, the person summoned may move to quash the subpoena. The bill gives an individual aggrieved by the issuance of the subpoena standing to file a motion to quash and prohibits the court from assessing a fee or cost.

Court's Reasons to Quash or Modify

Under the bill, a person summoned to appear and give testimony or produce documents or other tangible evidence or property is not required to do so if the presiding judge or a judge designated by the chief court administrator to hear a motion to quash, determines:

The bill also allows the court to quash a subpoena for good cause or in recognition of any privilege established by law.

9 — APPOINTMENT OF COUNSEL

Under the bill, anyone summoned to appear and give testimony or produce documents or other tangible evidence or property to a grand jury has the right to counsel. The bill requires the chief court administrator to appoint counsel to represent the person before the investigatory grand jury if the court determines that the person summoned is indigent. The court makes its determination based on an investigation done by the public defender's office.

The bill requires the official conducting the investigation to inform the witness the he or she has the right to have counsel present in the grand jury room and the right to leave the room to consult with counsel.

Under the bill, the court must appoint counsel if it determines that the person is indigent. The cost of appointing counsel must be established by, and paid from, funds appropriated to the Division of Public Defender Services for this purpose.

8 — REPORTING

By law, the panel of judges charged with reviewing grand jury applications must report annually in January, through the chief court administrator, to the chief justice, governor, and General Assembly on the number of grand jury investigation applications received, applications approved, and extensions or amendments granted.

The bill requires the panel to include in its annual report (1) the judicial district in which each application was filed and (2) all such data elements on the applications for investigations to subpoena property only.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

39

Nay

0

(04/02/2018)

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