Sec. 54-47c. Application for investigation into commission of crime.
Sec. 54-47c. Application for investigation into commission of crime. (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 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 authority
to make such application; (2) a full and complete statement of the facts and circumstances
relied upon by the applicant to justify his 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 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.
(P.A. 85-611, S. 2; P.A. 87-350, S. 2, 6; P.A. 98-48, S. 2; P.A. 03-273, S. 1.)
History: P.A. 87-350 added provision re transcription of additional testimony; P.A. 98-48 designated provisions of
Subsec. (b) re requirements of an application made by the Chief State's Attorney or a state's attorney as new Subsec. (c),
amended said Subsec. (c) to designate provisions re the use of other normal investigative procedures as Subdivs. (2) and
(3) and rephrase said provisions, add Subdiv. (1) requiring a statement of the status of the investigation and of the evidence
collected as of the date of the application and add Subdiv. (4) requiring a statement of the reasons for the applicant's belief
that the appointment of an investigatory grand jury and the investigative procedures employed by such grand jury will
lead to a finding of probable cause that a crime or crimes have been committed, and added new Subsec. (d) authorizing
the panel to approve the application and order an investigation if it makes certain findings and specifying said findings;
P.A. 03-273 amended Subsec. (c)(2) to add provision re statement that specifies 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 and amended Subsec. (d)(2) to add provision
re finding that, 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.
Cited. 202 C. 541. Cited. 204 C. 259. Cited. 206 C. 203. Cited. 207 C. 98. Secs. 54-47a-54-47h also cited. Id. Cited.
213 C. 66. Cited. 221 C. 625. Cited. 224 C. 29.
Cited. 16 CA 679. Cited. 17 CA 395. Cited. 20 CA 447.
Cited. 45 CS 1.