2005 Connecticut Code - 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.
(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, 673, 675, 677, 680, 681, 686, 693, 696-699. Cited. 200 C. 323, 325, 329, 330. Cited. 201 C. 598, 600. Validity is not subject to constitutional attack as a violation of separation of powers. 203 C. 641, 644-648, 650, 651. Cited. 206 C. 323, 327. Cited. 210 C. 631, 635. Cited. Id., 652, 662, 664, 665. Cited. 211 C. 289, 305, 307, 317. Cited. 213 C. 161, 165. Cited. Id., 708, 711-714, 717, 724. Cited. 214 C. 132, 137. Cited. Id., 454, 458. Cited. Id., 476-478, 481, 484. Cited. Id., 616, 617, 631, 632. Cited. 218 C. 151, 155, 157-159. Cited. Id., 714, 717. Cited. 219 C. 721, 729. Cited. 220 C. 270, 273, 276. Cited. 221 C. 109, 111, 119, 120, 124, 126. Cited. 222 C. 506, 511. Cited. 223 C. 127, 140. Cited. 224 C. 29, 38. Cited. 228 C. 62, 63, 73. Probable cause hearing required by section applies only to criminal prosecutions, not to an action for adjudication of delinquency. 229 C. 691, 692, 694- 696, 698-702. Cited. 233 C. 106, 127. Cited. 234 C. 97, 99, 108-110, 112. Cited. 237 C. 58, 62. Cited. 240 C. 727. Cited. Id., 743. Cited. 242 C. 409.
Cited. 7 CA 457, 462. Cited. 26 CA 165, 168. Cited. 28 CA 34, 37. Cited. 29 CA 499, 506. Cited. 30 CA 381, 384, 392. Cited. 34 CA 58, 77; judgment reversed, see 232 C. 537 et seq. Cited. 35 CA 762, 763. Cited. 36 CA 250, 252. Cited. Id., 364, 381. Cited. 37 CA 404, 418. 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, 39, 43. Cited. 42 CS 426, 428. Cited. 43 CS 38, 40. Cited. Id., 367, 369.
Subsec. (a):
Cited. 201 C. 598, 603. Cited. 204 C. 120, 121. Cited. 209 C. 133, 134. Cited. 210 C. 652, 665. Cited. 213 C. 161, 163. Cited. 219 C. 721, 729. Cited. 240 C. 727.
Cited. 7 CA 457, 461. Cited. 19 CA 571, 573, 574. Cited. 29 CA 499, 506. Cited. 34 CA 58, 76; judgment reversed, see 232 C. 537 et seq. Cited. 37 CA 404, 422. Cited. 41 CA 809, 812. Cited. 44 CA 790.
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, 325, 327, 331, 337, 338. Cited. 201 C. 598, 600, 603, 604. Cited. 211 C. 289, 313. Cited. 213 C. 161, 165, 169. Cited. 214 C. 132, 137. Cited. Id., 476, 478, 481, 482. Cited. 216 C. 492, 507. No constitutional duty requires a court to entertain motions to suppress at a probable cause hearing. 218 C. 151, 154, 156-158. Cited. 219 C. 721, 731. Cited. 220 C. 270, 275. Cited. 221 C. 109, 119, 121, 124, 126. Cited. 229 C. 691, 699, 700. Cited. Id., 716, 752. Cited. 234 C. 97, 110. 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.
Cited. 30 CA 381, 392. Cited. 34 CA 58, 77; judgment reversed, see 232 C. 537 et seq. Cited. 36 CA 250, 252. Cited. Id., 364, 381. Cited. 37 CA 404, 420-422. Cited. 46 CA 545. 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.
Subsec. (c):
Cited. 214 C. 476, 481. Cited. Id., 616, 630.
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