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Section 54-46a – Probable cause hearing for persons charged with crimes punishable by death, life imprisonment without possibility of release or life imprisonment

May 11, 2021 | Connecticut, Criminal Procedure

(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, life imprisonment without the possibility of release 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.

Conn. Gen. Stat. ยง 54-46a

(P.A. 83-210, S. 1, 5; P.A. 87-260, S. 5; P.A. 12-5, S. 25.)

Amended by P.A. 12-0005, S. 25 of the the 2012 Regular Session, eff. 4/25/2012.

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 Conn. 671. Cited. 201 C. 598. Validity is not subject to constitutional attack as a violation of separation of powers. 203 Conn. 641. Cited. 206 C. 323; 210 C. 631; Id., 652; 211 C. 289; 213 C. 161; Id., 708; 214 C. 132; Id., 454; Id., 476; Id., 616; 218 C. 714; 220 C. 270; 221 C. 109; 222 C. 506; 223 C. 127; 224 Conn. 29; 228 C. 62. Probable cause hearing required by section applies only to criminal prosecutions, not to an action for adjudication of delinquency. 229 Conn. 691. Cited. 233 C. 106; 234 C. 97; 237 C. 58; 240 C. 727; Id., 743; 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; 26 CA 165; 28 CA 34; 29 CA 499; 30 CA 381; 34 CA 58; judgment reversed, see 232 C. 537; 35 CA 762; 36 CA 250; Id., 364; 37 CA 404; 46 CA 545. Second probable cause hearing which was held after the 60-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. Right to be heard by an impartial tribunal is guaranteed by the state and federal constitutions and need not be recited in each section delineating criminal procedure, therefore section is constitutional. 151 CA 574. Cited. 40 CS 38; 42 CS 426; 43 CS 38; Id., 367. Subsec. (a): Cited. 204 C. 120; 209 C. 133. Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 Conn. 1. Cited. 19 CA 571; 41 CA 809; 44 CA 790. By unconditionally accepting a plea deal and pleading guilty, petitioner waived any challenge to court’s jurisdiction over his person; 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 defendant to 60 years imprisonment, but the crimes, when considered individually, expose defendant to less than 60 years on each charge; 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. 105 CA 124. 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 Conn. 323. 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; 238 C. 588. Waiver of time period in which to hold hearing may be asserted by attorney for defendant and does not require defendant personally to appear and be canvassed. 245 C. 301. Legislature, in enacting Subsec., required that probable cause hearing must be conducted within 60 days of filing of the complaint or information unless waived by defendant or extended by the court for good cause shown. 79 CA 535.