CSAO: Judiciary Committee - March 24, 2014 - S.B. No. 488

TESTIMONY OF THE DIVISION OF CRIMINAL JUSTICE

IN SUPPORT OF:

S.B. NO. 488: AN ACT CONCERNING GRAND JURY REFORM

JOINT COMMITTEE ON JUDICIARY
March 24, 2014

The Division of Criminal Justice respectfully recommends and requests the Committee’s JOINT FAVORABLE SUBSTITUTE REPORT for S.B. No. 829, An Act Concerning Grand Jury Reform. This legislation is one of the chief priorities included in the Division’s 2014 Legislative Recommendations. Over the course of the past several months the various parties interested in this legislation have been meeting and although no consensus was reached in those discussions, the Division is submitting proposed substitute language (attached) to address some of the concerns that were raised.

All fifty states have some form of grand jury system. Most states have citizen grand juries that sit on a regular basis and require no special empanelment procedure; others have a “special grand jury” or “judicial inquiry” system that requires the prosecutor to apply for its empanelment. No state, however, restricts a prosecutor’s ability to empanel a grand jury to the degree that Connecticut law does. As currently structured, General Statutes Section 54-47c imposes multiple requirements far beyond those of any other state, depriving state prosecutors of investigative means readily available in every other jurisdiction, and depriving Connecticut’s citizens of an important law enforcement tool.   

For example, no other state requires the sort of preliminary showing that Connecticut law currently places upon prosecutors in order to establish a grand jury. The most stringent requirement elsewhere compels a showing of probable cause that a crime has been committed and that a grand jury will assist in its investigation.

By contrast our current statute requires “a full and complete statement of the facts and circumstances relied upon by the [prosecutor] to justify his reasonable belief that the investigation will lead to a finding of probable cause,” C.G.S. Sec. 54-47c(b); a “full and complete statement of the status of the investigation and of the evidence collected as of the date of the application;” C.G.S. Sec. 54-47c(c)(1); and a “full and complete statement specifying the other normal investigative procedures that have been tried and the reasons such procedures have failed.” Our law also requires a statement as to why the applicant “reasonably conclude[s] that the use of normal investigative procedures would not result the obtaining of information;” C.G.S. Sec. 54-47c(c)(2) and “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.” C.G.S. Sec. 54-47c(c)(4).

The panel of judges may approve the application for a grand jury only if it finds (1) that the administration of justice requires an investigation to determine whether or not there is probable cause to believe that a crime has been committed (emphasis added), (2) that other normal investigative procedures have failed or reasonably appear unlikely to succeed, and (3) that the grand jury’s investigative procedures “appear likely to succeed in determining whether or not there is probable cause to believe that a crime or crimes have been committed.”

The role of the grand jury throughout the history of Anglo-American jurisprudence, as reflected in the statutes of every other state and the United States Code, is to determine  whether probable cause exists to charge a person with a crime. Yet our statute requires that the prosecutor, after exhaustively detailing the investigation and explaining why it has failed, must then attest why he or she believes that the grand jury “will lead to a finding of probable cause.” Thus, the prosecutor must swear to the likely success of the grand jury investigation without yet having the benefit of very tools that are most likely to help make that determination.

The changes proposed in this bill are modest, but they would give prosecutors better access to a judicially-overseen investigative process that has been at the core of criminal justice for centuries, while at the same time adding significant protections to both witnesses and subjects. The proposed changes would accomplish the following:

1) Allows the Chief State’s Attorney or a State’s Attorney to request a grand jury investigation upon a showing that the administration of justice requires an investigative grand jury rather than being required to predict that the grand jury will result in a probable cause finding.

2) Eliminates judges from filing applications and conducting the investigation, thus restoring the Judicial Branch to its appropriate role in overseeing the investigation and ensuring compliance with the law instead of being the investigator.

3) Allows the prosecutor conducting investigation to subpoena witnesses and documents to the grand jury but only under the supervision of/and with the approval of the grand jury.

4) Maintains the grand jury investigation process under the supervision of the Judicial Branch and preserves the panel of judges to review investigatory grand jury applications. The grand jury functions as the overseer of the investigation and supervises the exercise of grand jury power by the prosecutor. 

5) Requires prosecutors conducting the investigation to advise all witnesses of their Fifth Amendment rights and their right to counsel.

6) Gives all witnesses the right to have counsel present during testimony before the grand jury and to consult with counsel as needed.

7) Defines “target” in a manner that protects individuals with potential criminal exposure.

8) Prohibits prosecutors from summoning targets before the grand jury.  Provides protections for witnesses whose status may change once summoned before grand jury.

9) Affords the opportunity for targets of an investigation to testify or submit tangible evidence to the grand jury, if they so choose.

10) Permits witnesses before the grand jury to obtain a copy of their own testimony.

11) Requires the prosecutor to submit known and existing exculpatory evidence to the grand jury.

12) Requires disclosure of all grand jury testimony and exhibits to a defendant once that individual has been charged.

In conclusion, the Division respectfully requests the Committee’s JOINT FAVORABLE SUBSTITUTE REPORT for S.B. No. 488. The Division wishes to thank the leadership of the Judiciary Committee, the Judicial Branch, the defense bar and all others who have participated in the discussions in recent months on the critical need for reform of the grand jury system. Given the importance of this issue, the Division remains fully committed to working with all parties to enact legislation in this session. We also thank the Committee for raising this bill and for providing this opportunity to submit testimony. The Division would be happy to provide any additional information or answer any questions the Committee might have.

Proposed Joint Favorable Substitute

AN ACT CONCERNING GRAND JURY REFORM

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-47b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

For purposes of sections 54-47a to 54-47h inclusive:

(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.

(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] or (F) 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 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] the interests of justice require the use of an investigatory grand jury.

(3) "Investigatory grand jury" means a judge or 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.

(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.

(5) “Target of the investigation” or “target” means a person who is reasonably suspected of committing a crime or crimes and is the subject of the investigation.

Section 2.  Section 54-47c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) [Any judge of the Superior Court, Appellate Court or Supreme Court, or 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 require that an investigation [to determine whether or not there is probable cause to believe that a] be conducted into the crime or crimes. [have been committed.] The applicant or an attorney or attorneys designated by such applicant shall conduct the investigation.

(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 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. The application shall also include a full and complete statement of the status of the investigation and of the evidence collected as of the date of such application.

[(c) If the application is made by the Chief State's Attorney or a state's attorney, it The application 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)] (c) 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] 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.

Sec. 3. Section 54-47d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(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. The location of the investigatory grand jury shall be in the judicial district where the crime or crimes being investigated are reasonably suspected of having been committed unless the Chief Court Administrator, because of the circumstances of the case, determines that the investigatory grand jury should be located in another judicial district and designates the court location in such judicial district.

(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 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.

(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.

Sec. 4. Section 54-47e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

Any order authorizing the investigation into the commission of a crime or crimes and any application filed with the panel pursuant to section 54-47c, as amended by this act, or subsection (c) of section 54-47d, as amended by this act, shall be sealed. The panel shall submit to the Chief Court Administrator a summary of the scope of the investigation, any recommendation as to the court location at which any motions to quash and any contempt proceedings are to be heard and the finding and record of the investigation are to be filed. Such summary shall be public unless the panel determines, by majority vote, that such summary be sealed for purposes of (1) ensuring the public safety of any individual, (2) ensuring that the investigation would not be adversely affected or (3) complying with other provisions of the general statutes or rules of court which prohibit disclosure of such information. Any investigation by the investigatory grand jury shall be conducted in private, provided the panel, by a majority vote, may order the investigation or any portion thereof to be public when such disclosure or order is deemed by the panel to be in the public interest.

Sec. 5.  Section 54-47f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

[(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.]

[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.

(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 he or she 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.

(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.

(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 Department.  If the court determines that such person is indigent, the court shall appoint counsel to represent such person.  The Judicial Department shall maintain a list of trial counsel with experience in advising or defending defendants in criminal proceedings whom the court may appoint to represent 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 Department.

(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.

(d) Witnesses may be examined under oath 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.

(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] that 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.

(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 a 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 subsection (a) of this section.

(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.]

(g) An official stenographer or monitor of the Superior Court or [his] such stenographer’s assistant shall record any testimony taken at the investigation.

Sec. 6. Section 54-47g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(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, and shall file a copy of its finding with the panel and with the Chief State’s attorney or 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] 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] Chief State’s Attorney or state’s attorney has not obtained an arrest warrant that sets forth that there is probable cause to believe 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.

(b) The investigatory grand jury may issue a finding of the investigation if it finds such issuance to be in the public interest. The investigatory grand jury shall file a copy of such finding, if issued, with the Chief State’s Attorney or the state’s attorney that made application for the investigation. Any such 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] issued, 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] Chief State’s Attorney or state’s attorney has not obtained an arrest warrant that sets forth that there is probable cause to believe 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.

(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.

(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.

(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.

(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.

(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.

Statement of Purpose:

To reform the investigatory grand jury system to provide for its more efficient operation and to facilitate the effective investigation of serious criminal matters.

[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.]

 



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