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Connecticut House Bill HB07257

Connecticut 2017 Regular Session

Connecticut House Bill HB07257 Compare Versions

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1-General Assembly Substitute Bill No. 7257
2-January Session, 2017 *_____HB07257JUD___040617____*
1+General Assembly Raised Bill No. 7257
2+January Session, 2017 LCO No. 5123
3+ *05123_______JUD*
4+Referred to Committee on JUDICIARY
5+Introduced by:
6+(JUD)
37
48 General Assembly
59
6-Substitute Bill No. 7257
10+Raised Bill No. 7257
711
812 January Session, 2017
913
10-*_____HB07257JUD___040617____*
14+LCO No. 5123
15+
16+*05123_______JUD*
17+
18+Referred to Committee on JUDICIARY
19+
20+Introduced by:
21+
22+(JUD)
1123
1224 AN ACT CONCERNING GRAND JURY REFORM.
1325
1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
1527
1628 Section 1. Section 54-47b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
1729
18-For the purposes of sections 54-47a to 54-47h, inclusive, as amended by this act, unless the context otherwise requires:
30+For the purposes of sections 54-47a to 54-47h, inclusive:
1931
20-(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.
32+(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.
2133
22-(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)] and (E) 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.
34+(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 crime or crimes involving the abuse of authority conferred by law upon any officer, member, or employee of the executive, legislative or judicial branch of state government or in the government of any political subdivision of the state, (C) 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)] and (D) 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 reasonably suspects to have been committed and for which such 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] the interests of justice require the use of an investigatory grand jury.
2335
2436 (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.
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26-(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.
38+(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, one of whom may be the Chief Court Administrator.
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2840 (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.
2941
3042 Sec. 2. Section 54-47c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
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32-(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.
44+(a) [Any judge of the Superior Court, Appellate Court or Supreme Court, the] 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] reasonably suspects that a crime or crimes have been committed and attests that the [administration] interests of justice [requires] require that an investigation [to determine whether or not there is probable cause to believe that a] be conducted into such crime or crimes. [have been committed] The applicant or an attorney or attorneys designated by such applicant shall conduct the investigation.
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34-(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. 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.
46+(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] such 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] such applicant's reasonable suspicion that a crime has been committed, and reasonable belief that the [investigation will lead to a finding of probable cause that a crime or crimes have been committed] interests of justice require the use of an investigatory grand jury, including the reasons why the ability to compel the attendance of witnesses and the production of documents and other tangible evidence will substantially aid the investigation; 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.
3547
36-(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.
48+[(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.]
3749
38-(d) [The] Except as provided in section 3 of this act, 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 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.
50+[(d)] (c) The panel may approve the application and order an investigation into the commission of a crime or crimes if it finds reasonable suspicion that a crime or crimes have been committed, 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] the interests of justice require the use of an investigatory grand jury, and that allowing the applicant to compel the attendance of witnesses and the production of documents and other tangible evidence will substantially aid the investigation.
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40-Sec. 3. (NEW) (Effective October 1, 2017) (a) For the purposes of this section:
52+Sec. 3. Section 54-47d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
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42-(1) "Crime or crimes" means (A) a violation of any provision of the general statutes 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;
54+(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] before which sworn testimony may be taken and documents and other tangible evidence produced, 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.
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44-(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;
56+(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] twelve 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) the crime or crimes that are reasonably suspected of having been committed, and (5) 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 interests of justice require the use of an investigatory grand jury, including the reasons why the ability to compel the attendance of witnesses and the production of documents and other tangible evidence will substantially aid the investigation. 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.
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46-(3) "Abuse of official authority" means a crime involving the intentional use by a public officer of such officer's office in a manner contrary to the interest of the public and which causes damage to the state or public interest and to the legally protected rights of the public;
58+(c) 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] the 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.
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48-(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.
60+Sec. 4. Section 54-47f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
4961
50-(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.
62+[(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 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.]
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52-(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.
64+[(b)] (a) (1) The [attendance] appearance of witnesses and the production of documents [at such investigation] or other tangible evidence before an investigatory grand jury may be compelled by subpoena, signed by any official authorized to issue such process.
5365
54-(3) If the panel approves the application and orders an investigation pursuant to the requirements of section 54-47c of the general statutes, as amended by this act, 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.
66+(2) No subpoena may be issued by the Chief State's Attorney or a state's attorney unless the investigatory grand jury approves the issuance of such subpoena. In determining whether to approve the issuance of such subpoena, the investigatory grand jury may consider whether the person to be summoned to appear and give testimony or produce documents or other tangible evidence has information relevant to the investigation. Any subpoena issued pursuant to this subdivision shall be served at least seventy-two hours before the date of appearance, not including Saturdays, Sundays or legal holidays, and contain a notice advising the person summoned (A) whether such person is a target of the investigation, (B) 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, (C) that if such person is indigent, such person has the right to have counsel appointed to represent such person, and (D) that such person has the right not to be compelled to be a witness, or give evidence, against himself or herself.
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56-(4) 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 compliance, and (D) require only the production of property covering a reasonable period of time.
68+(3) No person summoned to appear and give testimony or produce documents or other tangible evidence shall be required to testify or produce documents or other tangible evidence if (A) compliance with the subpoena by such person would be unduly burdensome or oppressive, (B) the primary purpose of the issuance of the subpoena is to harass the person subpoenaed, (C) such person has already been punished pursuant to subsection (c) of this section for such person's refusal to testify or produce documents or other tangible evidence before any investigatory grand jury related to the same crime or crimes, or (D) such person has not been advised of such person's rights as specified in subdivision (2) of this subsection.
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58-Sec. 4. Section 54-47d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
70+(b) Any person summoned to appear and give testimony or produce documents or other tangible evidence pursuant to subsection (a) of this section may apply to 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, for the appointment of counsel to represent such person before the investigatory grand jury. Such person shall file with the court a sworn financial affidavit of indigency in such form as shall be prescribed by the Judicial Branch. If the court determines that such person is indigent, the court shall appoint counsel to represent such person. The Division of Public Defender Services shall maintain a list of trial counsel with experience in advising or defending defendants in criminal proceedings whom the court may appoint to represent such person summoned to appear and give testimony or produce documents or other tangible evidence before an investigatory grand jury. The cost for such counsel shall be established by, and paid from funds appropriated to, the Judicial Branch.
5971
60-(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.
72+(c) If any witness properly summoned fails to appear or to produce any documents or other tangible evidence included in the subpoena, or if [he] such witness 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 to appear before the court and show cause why [he] such witness should not be punished as for a contempt, and if, after hearing, the court finds that [he] such witness failed to appear without due cause or failed to produce any document or other tangible evidence 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 witness 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.
6173
62-(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.
74+(d) 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] conducting the investigation. At the hearing, the [official] attorney or attorneys conducting the investigation shall inform the witness that [he] such witness has the right to have counsel present and to consult with such counsel. A witness shall have the right to leave the investigatory grand jury room to consult with such witness's counsel at reasonable times and for a reasonable period of time upon the request of the witness.
6375
64-(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.
76+(e) (1) The [official] attorney or attorneys conducting the investigation shall inform [any] a witness who is a target [of the investigation that he] that such witness is a target and [shall advise him that he] such witness 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 nor a state's attorney shall summon before an investigatory grand jury a target who has stated through such person's counsel that such person intends to invoke such person's privilege against self-incrimination.
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66-[(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.
78+(2) A target may testify before the investigatory grand jury. The attorney or attorneys conducting the investigation shall notify such target 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 target with reasonable diligence. A target may request, orally or in writing, the investigatory grand jury to cause a person identified by such target to be summoned as a witness in the investigation. The investigatory grand jury may summon such witness pursuant to subsection (a) of this section.
6779
68-Sec. 5. Section 54-47f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
80+(f) Any attorney appointed to [assist in conducting] conduct 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.]
6981
70-(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.
82+(g) An official stenographer of the Superior Court or [his] such stenographer's assistant shall record any testimony taken at the investigation.
7183
72-(b) The attendance of witnesses summoned to appear and give testimony and the production of documents or other tangible evidence or property, as defined in 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 or production of documents or other tangible evidence or property, as defined in section 3 of this act, 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.
84+Sec. 5. Section 54-47g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
7385
74-(c) No person summoned to appear and give testimony or produce documents or other tangible evidence or property, as defined in section 3 of this act, shall be required to testify or shall be required to produce documents or other tangible evidence or property if the presiding judge or judge 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.
75-
76-(d) Any person summoned to appear and give testimony or produce documents or other tangible evidence or property, as defined in section 3 of this act, to the grand jury, may apply to 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, for the appointment of counsel to represent such person before the investigatory grand jury. Such person shall file with the court a sworn financial affidavit of indigency in such form as shall be prescribed by the Judicial Branch. If the court determines that such person is indigent, the court shall appoint counsel to represent such person. The court shall maintain a list of counsel with experience in advising or defending defendants in criminal proceedings whom the court may appoint to represent any such person summoned to appear and give testimony or produce documents or other tangible evidence or property, as defined in section 3 of this act, before an investigatory grand jury. The cost for such counsel shall be established by, and paid from, funds appropriated to the court for the purpose of providing such counsel.
77-
78-[(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.
79-
80-[(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.
81-
82-[(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.
83-
84-(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.
85-
86-[(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.
87-
88-[(g)] (i) An official stenographer of the Superior Court or [his] such stenographer's assistant shall record any testimony taken at the investigation.
89-
90-Sec. 6. (NEW) (Effective October 1, 2017) (a) Whenever a subpoena has been issued pursuant to section 3 of this act, to compel the production of documents or other tangible evidence or property, as defined in section 3 of this act, or testimony, 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.
91-
92-(b) If any subpoena is issued 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.
93-
94-(c) A judge may quash or modify any subpoena issued pursuant to 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.
95-
96-Sec. 7. Section 54-47g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
97-
98-(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.
86+(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.
9987
10088 (b) The finding of the investigation shall be open to public inspection and copying at the court where it has been filed for 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.
10189
10290 (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.
10391
10492 (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.
10593
10694 (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.
10795
108-(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.
96+(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] such witness's own testimony. Any witness shall be allowed access, at all reasonable times, to the record of [his] such 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] such witness's testimony.
10997
110-(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.
111-
112-Sec. 8. Section 54-47h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
113-
114-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.
98+(g) [Notwithstanding the existence of an order of nondisclosure under this section, the] 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.
11599
116100
117101
118102
119103 This act shall take effect as follows and shall amend the following sections:
120104 Section 1 October 1, 2017 54-47b
121105 Sec. 2 October 1, 2017 54-47c
122-Sec. 3 October 1, 2017 New section
123-Sec. 4 October 1, 2017 54-47d
124-Sec. 5 October 1, 2017 54-47f
125-Sec. 6 October 1, 2017 New section
126-Sec. 7 October 1, 2017 54-47g
127-Sec. 8 October 1, 2017 54-47h
106+Sec. 3 October 1, 2017 54-47d
107+Sec. 4 October 1, 2017 54-47f
108+Sec. 5 October 1, 2017 54-47g
128109
129110 This act shall take effect as follows and shall amend the following sections:
130111
131112 Section 1
132113
133114 October 1, 2017
134115
135116 54-47b
136117
137118 Sec. 2
138119
139120 October 1, 2017
140121
141122 54-47c
142123
143124 Sec. 3
144125
145126 October 1, 2017
146127
147-New section
128+54-47d
148129
149130 Sec. 4
150131
151132 October 1, 2017
152133
153-54-47d
134+54-47f
154135
155136 Sec. 5
156137
157138 October 1, 2017
158139
159-54-47f
160-
161-Sec. 6
162-
163-October 1, 2017
164-
165-New section
166-
167-Sec. 7
168-
169-October 1, 2017
170-
171140 54-47g
172141
173-Sec. 8
142+Statement of Purpose:
174143
175-October 1, 2017
144+To reform the investigatory grand jury system to provide for its more efficient operation and to facilitate the effective investigation of criminal conduct involving abuse of governmental authority.
176145
177-54-47h
178-
179-
180-
181-JUD Joint Favorable Subst.
182-
183-JUD
184-
185-Joint Favorable Subst.
146+[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.]