Connecticut 2011 Regular Session

Connecticut House Bill HB06423 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 6423
2	2	January Session, 2011 LCO No. 3540
3	3	03540_______JUD
4	4	Referred to Committee on Judiciary
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
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10	10	Raised Bill No. 6423
11	11
12	12	January Session, 2011
13	13
14	14	LCO No. 3540
15	15
16	16	03540_______JUD
17	17
18	18	Referred to Committee on Judiciary
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING SUBPOENAS FOR PROPERTY.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. (NEW) (Effective October 1, 2011) For the purposes of this section and sections 2 to 5, inclusive, of this act:
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30	30	(1) "Crime" means a violation of section 36b-4, 36b-6, 36b-16, 53-153, 53-451, 53a-122, 53a-123, 53a-129b, 53a-129c, 53a-129d, 53a-129e, 53a-138, 53a-147, 53a-148, 53a-149, 53a-150, 53a-152, 53a-153, 53a-158, 53a-159, 53a-160, 53a-161, 53a-161a, 53a-161c, 53a-161d, 53a-215, 53a-252, 53a-253, 53a-254, 53a-291, 53a-292 or 53a-293 of the general statutes;
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32	32	(2) "Person" 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;
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34	34	(3) "Property" includes, but is not limited to, documents, books, papers, records, films, recordings and other tangible things; and
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36	36	(4) "Prosecuting official" means the Chief State's Attorney, a deputy Chief State's Attorney or a state's attorney.
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38	38	Sec. 2. (NEW) (Effective October 1, 2011) (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, may issue a subpoena to compel the production of property relevant to the matter under investigation.
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40	40	(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 property covering a reasonable period of time.
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42	42	(c) Any subpoena issued pursuant to this section shall compel the person to produce the property at the office of the prosecuting official.
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44	44	Sec. 3. (NEW) (Effective October 1, 2011) (a) In conducting any investigation in which a subpoena is issued pursuant to sections 1 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 a subpoena has been issued. 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.
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46	46	(b) No person who has been properly served with a subpoena pursuant to sections 1 to 5, inclusive, 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.
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48	48	Sec. 4. (NEW) (Effective October 1, 2011) 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 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.
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50	50	Sec. 5. (NEW) (Effective October 1, 2011) (a) Whenever a subpoena has been issued to compel the production of property pursuant to section 2 of this act, the person summoned may file a motion to quash the subpoena. No fees or costs shall be assessed.
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52	52	(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.
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54	54	(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.
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56	56	(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.
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58	58	(e) A judge may quash or modify any subpoena issued pursuant to sections 1 to 5, inclusive, of this act for just cause or in recognition of any privilege established under law.
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63	63	This act shall take effect as follows and shall amend the following sections:
64	64	Section 1 October 1, 2011 New section
65	65	Sec. 2 October 1, 2011 New section
66	66	Sec. 3 October 1, 2011 New section
67	67	Sec. 4 October 1, 2011 New section
68	68	Sec. 5 October 1, 2011 New section
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70	70	This act shall take effect as follows and shall amend the following sections:
71	71
72	72	Section 1
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74	74	October 1, 2011
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76	76	New section
77	77
78	78	Sec. 2
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80	80	October 1, 2011
81	81
82	82	New section
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84	84	Sec. 3
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86	86	October 1, 2011
87	87
88	88	New section
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90	90	Sec. 4
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92	92	October 1, 2011
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94	94	New section
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96	96	Sec. 5
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98	98	October 1, 2011
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100	100	New section
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102	102	Statement of Purpose:
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104	104	To give state prosecutors the tools necessary to protect state residents and government funds and programs from fraud.
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106	106	[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.]