Sec. 54-2a. Issuance of bench warrants of arrest, subpoenas, capias and other criminal process. Release conditions. Service of court process. Entry of warrants into computer system. - Connecticut Statutes

      Sec. 54-2a. Issuance of bench warrants of arrest, subpoenas, capias and other criminal process. Release conditions. Service of court process. Entry of warrants into computer system. (a) In all criminal cases the Superior Court, or any judge thereof, or any judge trial referee specifically designated by the Chief Justice to exercise the authority conferred by this section may issue (1) bench warrants of arrest upon application by a prosecutorial official if the court or judge determines that the affidavit accompanying the application shows that there is probable cause to believe that an offense has been committed and that the person complained against committed it, (2) subpoenas for witnesses, (3) capias for witnesses and for defendants who violate an order of the court regarding any court appearance, and (4) all other criminal process; and may administer justice in all criminal matters.

      (b) The court, judge or judge trial referee issuing a bench warrant for the arrest of the person or persons complained against shall, in cases punishable by death or life imprisonment, set the conditions of release or indicate that the person or persons named in the warrant shall not be entitled to bail and may, in all other cases, set the conditions of release. The conditions of release, if included in the warrant, shall fix the first of the following conditions which the court, judge or judge trial referee finds necessary to assure such person's appearance in court: (1) Written promise to appear; (2) execution of a bond without surety in no greater amount than necessary; or (3) execution of a bond with surety in no greater amount than necessary.

      (c) In lieu of a warrant for the rearrest of any defendant who fails to appear for trial at the place and time specified or on any court date thereafter the court, judge or judge trial referee may issue a capias.

      (d) All process issued by said court or any judge thereof, or any judge trial referee shall be served by any proper officer, or an indifferent person when specially directed to do so, and shall be obeyed by any and all persons and officers to whom the same is directed or whom it may concern.

      (e) Whenever a warrant is issued under this section or section 53a-32, the court, judge or judge trial referee may cause such warrant to be entered into a central computer system. Existence of the warrant in the computer system shall constitute prima facie evidence of the issuance of the warrant. Any person named in the warrant may be arrested based on the existence of the warrant in the computer system and shall, upon any such arrest, be given a copy of the warrant.

      (1959, P.A. 28, S. 27; February, 1965, P.A. 194, S. 1; 1967, P.A. 10, S. 1; 152, S. 44; 549, S. 10; P.A. 74-183, S. 126, 291; P.A. 76-436, S. 518, 681; P.A. 77-576, S. 38, 65; P.A. 79-216, S. 1; P.A. 80-313, S. 2; P.A. 84-123, S. 2; P.A. 00-209, S. 4; P.A. 01-72, S. 1; P.A. 04-127, S. 8.)

      History: 1965 act added authority of judge to issue subpoenas and warrants; 1967 acts deleted language in last sentence qualifying power of judge as being "when the circuit court is not in session" and, effective October 1, 1968, added provisions for alternatives to bail; P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court and deleted references to powers of other unspecified courts and judges, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-576 added detailed provisions re procedure for issuance of bench warrants and clarified provisions with respect to crimes which are not bailable, effective July 1, 1978; P.A. 79-216 made minor wording changes; P.A. 80-313 divided section into Subsecs., restated power to issue bench warrants in Subsec. (a) and deleted detailed provisions re procedure re issuance of bench warrants and arrests made on bench warrant; P.A. 84-123 amended Subsec. (a) by authorizing the issuance of capias for defendants who violate a court order regarding any court appearance, added a new Subsec. (c) re the issuance of a capias in lieu of a rearrest warrant, and redesignated former Subsec. (c) as Subsec. (d); P.A. 00-209 made technical changes and added new Subsec. (e) authorizing the entry of a rearrest warrant into a central computer system, providing that the existence of the warrant in the computer system is prima facie evidence of its issuance and authorizing the arrest of a person based on the existence of the warrant in the computer system; P.A. 01-72 amended Subsec. (a) by adding "or any judge trial referee specifically designated by the Chief Justice to exercise the authority conferred by this section" and amended Subsecs. (b) to (e) by adding references to judge trial referee; P.A. 04-127 amended Subsec. (e) by deleting reference to "rearrest" warrant and adding reference to Sec. 53a-32.

      See Sec. 52-56(d) re execution or service of capias in any precinct by state marshal of any precinct.

      See Sec. 54-64b re release following arrest on court warrant.

      Annotations to former statute: At common law justice might take recognizance for appearance at adjourned sitting. 4 D. 98; 14 C. 209. In action on recognizance to town, claim against town cannot be set off. 45 C. 354. A bond to appear on adjournment and abide the order of court is not forfeited when principal appears but refuses to give bond on appeal. 51 C. 499. Taking recognizance after adjournment. 77 C. 38. When bond on adjournment should run to state. 85 C. 324. Cited. 110 C. 173. Cited. 224 C. 29. Cited. 229 C. 125.

      Service on defendant by exhibiting warrant so he could read it was sufficient compliance with this section. 28 CS 19.

      Failure to produce witness who is within reach and who would naturally have been produced permits, but does not require, inference that evidence of witness would have been unfavorable. 5 Conn. Cir. Ct. 298. Issuance of warrant upon application of police officer, whose information concerning defendant's criminal act was based upon New Haven police reports, was issuance upon probable cause. "Probable cause" is a practical concept and may be based upon hearsay. Id., 529. Cited. Id., 685.

      Annotations to present section:

      Cited. 181 C. 562. Cited. 187 C. 292. Cited. 202 C. 443. Cited. 233 C. 403.

      Cited. 38 CS 377.

      Subsec. (a):

      Subdiv. (1) cited. 193 C. 612; 205 C. 298.

      Subdiv. (1) cited. 27 CA 307.