Connecticut General Statutes

Conn. Gen. Stat. § 54-2a (2026)

Issuance of bench warrants of arrest, subpoenas, capias and other criminal process. Release conditions. Service of court process. Entry of warrants and process into computer system

✓ current as of May 2026

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(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, life imprisonment without the possibility of release 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 or other criminal process is issued under this section or section 53a-32, the court, judge or judge trial referee may cause such warrant or process to be entered into a central computer system in accordance with policies and procedures established by the Chief Court Administrator. Existence of the warrant or other criminal process in the computer system shall constitute prima facie evidence of the issuance of the warrant or process. Any person named in the warrant or other criminal process may be arrested based on the existence of the warrant or process in the computer system and shall, upon any such arrest, be given a copy of the warrant or process.

(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; P.A. 10-43, S. 21; P.A. 12-5, S. 24.)

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; P.A. 10-43 amended Subsec. (e) to make provisions applicable to other criminal process and require that entry of warrant or process into central computer system be in accordance with policies and procedures established by Chief Court Administrator; P.A. 12-5 amended Subsec. (b) to add reference to cases punishable by life imprisonment without possibility of release, effective April 25, 2012.

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.

Cited. 181 C. 562; 187 C. 292; 193 C. 612; 202 C. 443; 205 C. 298; 233 C. 403.

Cited. 27 CA 307.

Cited. 38 CS 377.

Subsec. (b):

Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 C. 1.

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Notes of Decisions

Cited in 34 cases (5 in the last 5 years), 1968–2025 · leading case: Milner v. Duncklee, 460 F. Supp. 2d 360 (D. Conn. 2006).

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Milner v. Duncklee, 460 F. Supp. 2d 360 (D. Conn. 2006). · cites it 9× “There is also some suggestion in the legislative history of Conn. Gen.Stat. § 54-2a, the statutory basis for issuing a capias in a criminal case, that the terms capias and warrant were used interchangeably.”

State v. Heinz, 480 A.2d 452 (Conn. 1984). · cites it 4× “The validity of an arrest warrant depends upon whether the application for the warrant and the accompanying affidavit establish probable cause to believe that: (1) a crime has been committed; and (2) the per *617 son to be arrested committed that crime.”

State v. Rivera, 844 A.2d 191 (Conn. 2004). · cites it 2× “” Wall further explained that Cech was under stress because she: had witnessed the arrest of her brother, who thereafter had been charged with capital felony murder; had a busy school schedule and already had missed “many days” of school due to her testimony in the case; was a…”

State v. Fernando a., 981 A.2d 427 (Conn. 2009). · cites it 2× “§ 54-63c (a), which provides: "Except in cases of arrest pursuant to a bench warrant of arrest in which the court or a judge thereof has indicated that bail should be denied or ordered that the officer or indifferent person making such arrest shall, without undue delay, bring…”

State v. King, 445 A.2d 901 (Conn. 1982). · cites it 2× “The defendant could also have subpoenaed the chemist, pursuant to General Statutes § 54-2a, if she had doubts about the report’s reliability.”

State v. White, 640 A.2d 572 (Conn. 1994). · cites it 2× “General Statutes § 54-2a provides in relevant part: “(a) In all criminal cases the superior court, or any judge thereof, may issue (1) bench warrants of arrest upon application by a prosecutorial official if the court or judge determines that the affidavit accompanying the…”

State v. Ali, 660 A.2d 337 (Conn. 1995). · cites it 2× “General Statutes § 54-2a. “When an arrest warrant has been issued, and the prosecutorial official has promptly delivered it to a proper officer for service, he has done all he can under our existing law to initiate prosecution and to set in motion the machinery that will provide…”

State v. Cosgrove, 436 A.2d 33 (Conn. 1980). · cites it 2× “2d 69 ; and subpoena power over the chemist; General Statutes § 54-2a; to investigate many of that court’s concerns as to the toxicological report’s reliability; and (3) that the state has valid reasons, beyond trial tactics and mere convenience for calling only Dr.”

State v. Crawford, 521 A.2d 1034 (Conn. 1987). · cites it 2× “General Statutes § 54-2a. 11 *450 When an arrest warrant has been issued, and the prosecutorial official has promptly delivered it to a proper officer for service, he has done all he can under our existing law to initiate prosecution and to set in motion the machinery that will…”

State v. Usry, 533 A.2d 212 (Conn. 1987). · cites it 2× “We agree with the trial court’s finding that the arrest warrant was supported by an affidavit sufficient to establish probable cause for the defendant’s arrest and therefore conclude that the trial court did not err in denying his motion to suppress. *311 “The validity of an…”

State v. Vega, 187 A.3d 424 (Conn. App. Ct. 2018). · cites it 2× “The court issued a capias pursuant to General Statutes § 54-2a and set bond in the amount of $100,000.”

State v. Cordova, 448 A.2d 848 (Conn. Super. Ct. 1982). · cites it 4× “General Statutes § 54-2a; Practice Book §§ 593, 594.”

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