(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,
(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, 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.
