Sec. 54-46a. Probable cause hearing for persons charged with crimes punishable by death or life imprisonment.
Sec. 54-46a. Probable cause hearing for persons charged with crimes punishable by death or life imprisonment. (a) No person charged by the state, who has not
been indicted by a grand jury prior to May 26, 1983, shall be put to plea or held to trial
for any crime punishable by death or life imprisonment unless the court at a preliminary
hearing determines there is probable cause to believe that the offense charged has been
committed and that the accused person has committed it. The accused person may knowingly and voluntarily waive such preliminary hearing to determine probable cause.
(b) Unless waived by the accused person or extended by the court for good cause
shown, such preliminary hearing shall be conducted within sixty days of the filing of
the complaint or information in Superior Court. The court shall be confined to the rules
of evidence, except that written reports of expert witnesses shall be admissible in evidence and matters involving chain of custody shall be exempt from such rules. No motion
to suppress or for discovery shall be allowed in connection with such hearing. The
accused person shall have the right to counsel and may attend and, either individually
or by counsel, participate in such hearing, present argument to the court, cross-examine
witnesses against him and obtain a transcript of the proceedings at his own expense. At
the close of the prosecution's case, if the court finds that, based on the evidence presented
by the prosecution, probable cause exists, the accused person may make a specific offer
of proof, including the names of witnesses who would testify or produce the evidence
offered. The court shall not allow the accused person to present such evidence unless the
court determines that such evidence would be sufficient to rebut the finding of probable
cause.
(c) If, from the evidence presented pursuant to subsection (b) of this section, it
appears to the court that there is probable cause to believe that the accused person has
committed the offense charged, the court shall so find and approve the continuance of
the accused person's prosecution for that offense. A determination by the court that
there is not probable cause to require the accused person to be put to trial for the offense
charged shall not operate to prevent a subsequent prosecution of such accused person
for the same offense.
(P.A. 83-210, S. 1, 5; P.A. 87-260, S. 5.)
History: P.A. 87-260 amended Subsec. (a) to change the applicability of the requirement of a preliminary hearing from
a person charged by the state "on or after May 26, 1983" to a person charged by the state "who has not been indicted by
a grand jury prior to May 26, 1983".
Cited as P.A. 83-210, S. 1: Constitutional right to a probable cause hearing vested immediately for all defendants not
yet indicted on May 26, 1983. Portion of statute conferring right to probable cause hearing only on those charged on and
after May 26, 1983, is unconstitutional and therefore invalid. 192 C. 671. Cited. 200 C. 323. Cited. 201 C. 598. Validity
is not subject to constitutional attack as a violation of separation of powers. 203 C. 641. Cited. 206 C. 323. Cited. 210 C.
631; Id., 652. Cited. 211 C. 289. Cited. 213 C. 161; Id., 708. Cited. 214 C. 132; Id., 454; Id., 476; Id., 616. Cited. 218 C.
151; Id., 714. Cited. 219 C. 721. Cited. 220 C. 270. Cited. 221 C. 109. Cited. 222 C. 506. Cited. 223 C. 127. Cited. 224
C. 29. Cited. 228 C. 62. Probable cause hearing required by section applies only to criminal prosecutions, not to an action
for adjudication of delinquency. 229 C. 691. Cited. 233 C. 106. Cited. 234 C. 97. Cited. 237 C. 58. Cited. 240 C. 727; Id.,
743. Cited. 242 C. 409. Deprivation of counsel at a probable cause hearing constitutes procedural error for which harmless
error review is proper. 279 C. 493.
Cited. 7 CA 457. Cited. 26 CA 165. Cited. 28 CA 34. Cited. 29 CA 499. Cited. 30 CA 381. Cited. 34 CA 58; judgment
reversed, see 232 C. 537. Cited. 35 CA 762. Cited. 36 CA 250; Id., 364. Cited. 37 CA 404. Cited. 46 CA 545. Second
probable cause hearing which was held after the sixty-day time limit was valid because the first hearing was held within
the statutory time limit and the second hearing was scheduled based on defendant's request so that defendant could be
represented by counsel. 75 CA 223.
Cited as P.A. 83-210, S. 1. 40 CS 38. Cited. 42 CS 426. Cited. 43 CS 38; Id., 367.
Subsec. (a):
Cited. 204 C. 120. Cited. 209 C. 133. Cited. 210 C. 652.
Cited. 19 CA 571. Cited. 41 CA 809. Cited. 44 CA 790. By unconditionally accepting a plea deal and pleading guilty,
petitioner waived any challenge to court's jurisdiction over his person. 105 CA 124. Statute on its face contains terms "any
crime", "the offense" and "it" when mandating that defendant exposed to punishment of life imprisonment or death be
given preliminary hearing in probable cause. There is nothing in the statute that refers to crimes, offenses or an aggregation
of crimes or offenses, and petitioner has referred to no case law or other statute that has interpreted the statute to require
probable cause hearing when the aggregate of the charges exposes a defendant to 60 years imprisonment, but the crimes,
when considered individually, expose a defendant to less than 60 years on each charge. Id. When the state amends an
information and defendant no longer faces possibility of a life sentence, it is not improper for trial court to proceed without
affording defendant a hearing in probable cause. Id.
Subsec. (b):
Court concluded statute constitutional "... when read in conjunction with prosecution's ongoing constitutional duty to
disclose exculpatory material to a criminal defendant independent of a defense motion or request". 200 C. 323. Cited. 201
C. 598. Cited. 216 C. 492. No constitutional duty requires a court to entertain motions to suppress at a probable cause
hearing. 218 C. 151. Cited. 229 C. 716. Cited. 238 C. 588. Waiver of time period in which to hold hearing may be asserted
by the attorney for the defendant and does not require defendant personally to appear and be canvassed. 245 C. 301.
Legislature, in enacting subsection, required that probable cause hearing must be conducted within sixty days of filing
of the complaint or information unless waived by defendant or extended by court for good cause shown. 79 CA 535.