INVESTIGATING GRAND JURY ACT - REPEALED — 1978 Pa. Act 271 (historical enacted text)

Historical Act text

PRIOR PRINTER'S NOS. 1648, 1669, 2121, PRINTER'S NO. 2205
2169
Report of the Committee of Conference
To the Members of the Senate and House of Representatives:
We, the undersigned, Committee of Conference on the part of
the Senate and House of Representatives for the purpose of
considering Senate Bill No. 1319, entitled:
"An act amending the act of June 1, 1956 (P.L.1959, No.657),
entitled, as amended, 'An act fixing the salaries and
compensation of the Chief Justice and judges of the Supreme
Court, the President Judge and judges of the Superior Court, the
judges of the courts of common pleas, the judges of the orphans'
courts, the judges of the County Court of Philadelphia and the
judges of the County Court and Juvenile Court of Allegheny
County, certain associate judges not learned in the law, certain
state officers, and the salary and expenses of the members of
the General Assembly, and repealing certain inconsistent acts,'
providing that nothing in this act shall be construed as
prohibiting any judge from serving without compensation.
PROVIDING FOR INVESTIGATING GRAND JURIES."
respectfully submit the following bill as our report:
MICHAEL A. O'PAKE
W. LOUIS COPPERSMITH
GEORGE W. GEKAS
(Committee on the part of the Senate.)
NORMAN S. BERSON
JOSEPH RHODES, JR.
ANTHONY J. SCIRICA
(Committee on the part of the House of Representatives.)
AN ACT
1 Providing for investigating grand juries.
2 TABLE OF CONTENTS
3 Section 1. Short title.
4 Section 2. Definitions.
5 Section 3. Convening the county investigating grand jury.
6 Section 4. Convening the multi-county investigating grand
7 jury.
8 Section 5. Composition of the investigating grand jury.
9 Section 6. Term of investigating grand jury.
10 Section 7. Powers of the investigating grand jury.
11 Section 8. Investigating grand jury proceedings.
12 Section 9. Submission of investigations by
13 the attorney for the Commonwealth to the
14 investigating grand jury.
15 Section 10. Investigating grand jury indictments.
16 Section 11. Investigating grand jury reports.
17 Section 12. Costs of investigating grand juries.
18 Section 13. Compensation of investigating grand jurors.
19 Section 14. Protection of employment of jurors.
20 Section 15. Effective date.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Short title.
24 This act shall be known and may be cited as the
25 "Investigating Grand Jury Act."
26 Section 2. Definitions.
27 The following words and phrases when used in this act shall
28 have, unless the context clearly indicates otherwise, the
1 meanings given to them in this section:
2 "Attorney for the Commonwealth." The district attorney of
3 the county in which a county investigating grand jury is
4 summoned, or his designee, or the Attorney General or his
5 designee if the Attorney General has superseded the district
6 attorney; the Attorney General, or his designee, with respect to
7 multi-county investigating grand juries.
8 "Investigating grand jury." The county investigating grand
9 jury or the multi-county investigating grand jury or both.
10 "Investigating grand jury report." A report submitted by the
11 investigating grand jury to the supervising judge regarding
12 conditions relating to organized crime or public corruption or
13 both; or proposing recommendations for legislative, executive,
14 or administrative action in the public interest based upon
15 stated findings.
16 "Investigative resources of the grand jury." The power to
17 compel the attendance of investigating witnesses; the power to
18 compel the testimony of investigating witnesses under oath; the
19 power to take investigating testimony from witnesses who have
20 been granted immunity; the power to require the production of
21 documents, records and other evidence; the power to obtain the
22 initiation of civil and criminal contempt proceedings; and every
23 investigative power of any grand jury of the Commonwealth.
24 "Multi-county investigating grand jury." A Statewide or
25 regional investigating grand jury convened by a justice of the
26 Supreme Court upon the application of the Attorney General and
27 having jurisdiction to inquire into organized crime or public
28 corruption or both under circumstances wherein more than one
29 county is named in the order convening said investigating grand
30 jury.
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1 "Organized crime." The unlawful activity of an association
2 trafficking in illegal goods or services, including but not
3 limited to gambling, prostitution, loan sharking, controlled
4 substances, labor racketeering, or other unlawful activities; or
5 any continuing criminal conspiracy or other unlawful practice
6 which has as its objective:
7 (i) large economic gain through fraudulent or coercive
8 practices; or
9 (ii) improper governmental influence.
10 "Public corruption." The unlawful activity under color of or
11 in connection with any public office or employment of:
12 (i) any public official or public employee, or the agent
13 of any public official or public employee under color of or
14 in connection with any public office or employment; or
15 (ii) any candidate for public office or the agent of any
16 candidate for public office.
17 "Supervising judge." The common pleas judge designated by
18 the president judge to supervise the activities of the county
19 investigating grand jury, or the common pleas judge designated
20 by a justice of the Supreme Court to supervise the activities of
21 the multi-county investigating grand jury.
22 Section 3. Convening the county investigating grand jury.
23 (a) In addition to such other grand juries as are called
24 from time to time, county investigating grand juries shall be
25 summoned as provided in subsection (b).
26 (b) Application may be made to the president judge of the
27 court of common pleas of any county by the attorney for the
28 Commonwealth for an order directing that a county investigating
29 grand jury be summoned, stating in such application that the
30 convening of a county investigating grand jury is necessary
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1 because of the existence of criminal activity within the county
2 which can best be fully investigated using the investigative
3 resources of the grand jury. Within ten days of receipt of such
4 application, the president judge shall issue an order granting
5 the request. The order shall specify which judge is to be the
6 supervising judge of the county investigating grand jury.
7 Refusal to grant an application under this subsection shall be
8 appealable to the Chief Justice of the Supreme Court or such
9 justice of the Supreme Court who is designated by rule to hear
10 such appeals.
11 (c) In the absence of an order under subsection (b), the
12 president judge of the court of common pleas upon his own motion
13 may issue an order directing that a county investigating grand
14 jury be summoned: Provided, however, That the summoning of such
15 grand jury may, in the discretion of the court, be stayed if the
16 district attorney of the county and the Attorney General both
17 certify to the court that, in their judgments, the summoning of
18 such grand jury is not necessary at such time.
19 (d) The county investigating grand jury shall be impaneled
20 in the manner provided by law.
21 Section 4. Convening the multi-county investigating grand jury.
22 (a) Application for a multi-county investigating grand jury
23 may be made by the Attorney General to the Chief Justice of the
24 Supreme Court or to such justice of the Supreme Court who is
25 designated by rule to receive such application. In such
26 application the Attorney General shall state that, in his
27 judgment, the convening of a multi-county investigating grand
28 jury is necessary because of organized crime or public
29 corruption or both involving more than one county of the
30 Commonwealth and that, in his judgment, the investigation cannot
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1 be adequately performed by an investigating grand jury available
2 under section 3. The application shall specify for which
3 counties the multi-county investigating grand jury is to be
4 convened. Within ten days of receipt of such application, the
5 justice shall issue an order granting the same. Failure to grant
6 such application shall be appealable to the entire Supreme
7 Court.
8 (b) An order issued under subsection (a) shall:
9 (1) convene a multi-county investigating grand jury
10 having Statewide jurisdiction, or jurisdiction over all
11 counties requested in the application by the Attorney
12 General;
13 (2) designate a judge of a court of common pleas to be
14 the supervising judge over such multi-county investigating
15 grand jury and provide that such judge shall with respect to
16 investigations, indictments, reports, and all other proper
17 activities of said investigating multi-county grand jury,
18 have jurisdiction over all counties in the jurisdiction of
19 said multi-county investigating grand jury;
20 (3) designate the counties which shall supply jurors and
21 in what ratios;
22 (4) designate a location or locations for the multi-
23 county investigating grand jury proceeding; and
24 (5) provide for such other incidental arrangements as
25 may be necessary including the Commonwealth's share of costs.
26 All matters to be included in such order shall be determined by
27 the justice issuing the order in any manner which he deems
28 appropriate, except that the Supreme Court may adopt rules,
29 consistent with the provisions of this section, establishing
30 standard procedures for the convening of multi-county
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1 investigating grand juries.
2 (c) The multi-county investigating grand jury shall be
3 impaneled in the manner provided by law.
4 (d) The impaneling of a multi-county investigating grand
5 jury shall in no way diminish the responsibility and the
6 authority of the district attorneys within their jurisdictions
7 to investigate and prosecute organized crime or public
8 corruption or both.
9 Section 5. Composition of the investigating grand jury.
10 (a) Each investigating grand jury shall be composed
11 initially of 23 members and have seven alternates. Subsequent
12 vacancies shall be filled by substituting alternates for the
13 members who are excused or otherwise unable to continue their
14 service.
15 (b) Fifteen members shall constitute a quorum and may
16 conduct business for the investigating grand jury but a majority
17 of the full investigating grand jury shall be required to adopt
18 a report or present an indictment.
19 (c) The supervising judge shall appoint a foreman from among
20 the members of the investigating grand jury. The members of the
21 investigating grand jury shall then elect a secretary.
22 Section 6. Term of investigating grand jury.
23 (a) No investigating grand jury shall be limited in duration
24 to the term of court. Each such investigating grand jury shall,
25 except as provided in subsections (b) and (c), serve for a term
26 of 18 months, unless an order for discharge shall be entered
27 earlier by the court upon the determination of such
28 investigating grand jury, by majority vote, that its business
29 has been completed.
30 (b) If, at the end of its original term or any extension
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1 thereof, any investigating grand jury determines by majority
2 vote that it has not completed its business, it may request the
3 court to extend its term for an additional period of six months:
4 Provided, however, That no such investigating grand jury term
5 shall exceed 24 months from the time it was originally summoned.
6 The court shall issue an order granting a request for extension
7 unless it determines that such request is clearly without basis.
8 Failure to grant an extension of term under this subsection may
9 be appealed by the attorney for the Commonwealth to the Chief
10 Justice of the Supreme Court or such justice of the Supreme
11 Court who is designated by rule to hear such appeals. Where an
12 appeal is taken, the grand jury shall continue to exercise its
13 powers pending the disposition thereof.
14 (c) If, at any time within the original term of any
15 investigating grand jury or any extension thereof, the court
16 determines that the investigating grand jury is not conducting
17 proper investigative activity, the court may order that such
18 grand jury be discharged. An order of discharge under this
19 subsection shall not become effective less than ten days after
20 the date on which it is issued and actual notice given to the
21 attorney for the Commonwealth and the foreman of the
22 investigating grand jury, and may be appealed by the attorney
23 for the Commonwealth to the Chief Justice of the Supreme Court
24 or such justice of the Supreme Court who is designated by rule
25 to hear such appeals. When an appeal is taken, the grand jury
26 shall continue to exercise its powers pending the disposition
27 thereof.
28 (d) Whenever the attorney for the Commonwealth determines
29 that the volume of work of an investigating grand jury exceeds
30 the capacity of the investigating grand jury to discharge its
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1 obligations, he may make application to the court to impanel
2 additional investigating grand juries under the provisions of
3 sections 3 and 4.
4 Section 7. Powers of the investigating grand jury.
5 (a) The investigating grand jury shall have the power to
6 inquire into offenses against the criminal laws of the
7 Commonwealth alleged to have been committed within the county or
8 counties in which it is summoned. Such power shall include the
9 investigative resources of the grand jury which shall include
10 but not be limited to the power of subpoena, the power to obtain
11 the initiation of civil and criminal contempt proceedings, and
12 every investigative power of any grand jury of the Commonwealth.
13 Such alleged offenses may be brought to the attention of such
14 grand jury by the court or by the attorney for the Commonwealth,
15 but in no case shall the investigating grand jury inquire into
16 alleged offenses on its own motion.
17 (b) The investigating grand jury shall have the power to
18 indict any person who appears to have committed within the
19 county or counties in which such investigating grand jury is
20 summoned an offense against the criminal laws of the
21 Commonwealth. The power of an investigating grand jury to indict
22 shall be exercised in the same manner, and upon the same
23 standards and evidence, as in the case of other grand juries
24 except as modified by section 10. An indictment by an
25 investigating grand jury shall constitute the commencement of
26 criminal proceedings against the defendant named therein; and
27 the proceedings prior and subsequent to such indictment shall
28 not include a complaint, preliminary hearing, information or
29 presentment to another grand jury.
30 (c) The investigating grand jury shall have every power
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1 available to any other grand jury in the Commonwealth. The
2 jurisdiction, powers and activities of an investigating grand
3 jury shall not, if otherwise lawful, be limited in any way by
4 the charge of the court.
5 Section 8. Investigating grand jury proceedings.
6 (a) Any document produced before an investigating grand jury
7 may be copied or reproduced. Each statement, question, comment
8 or response of the supervising judge, the attorney for the
9 Commonwealth, any witness, any grand juror or any other person
10 which is made in the presence of the investigating grand jury,
11 except its deliberations and the vote of any juror, shall be
12 stenographically recorded or transcribed or both.
13 (b) Disclosure of matters occurring before the grand jury
14 other than its deliberations and the vote of any juror may be
15 made to the attorneys for the Commonwealth for use in the
16 performance of their duties. The attorneys for the Commonwealth
17 may with the approval of the supervising judge disclose matters
18 occurring before the investigating grand jury including
19 transcripts of testimony to local, State, other state or Federal
20 law enforcement or investigating agencies to assist them in
21 investigating crimes under their investigative jurisdiction.
22 Otherwise a juror, attorney, interpreter, stenographer, operator
23 of a recording device, or any typist who transcribes recorded
24 testimony may disclose matters occurring before the grand jury
25 only when so directed by the court. All such persons shall be
26 sworn to secrecy, and shall be in contempt of court if they
27 reveal any information which they are sworn to keep secret.
28 (c) (1) A witness subpoenaed to appear and testify before
29 an investigating grand jury or to produce documents, records
30 or other evidence before an investigating grand jury shall be
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1 entitled to the assistance of counsel, including assistance
2 during such time as the witness is questioned in the presence
3 of the investigating grand jury. In the event counsel of the
4 witness' choice is not available, he shall be required to
5 obtain other counsel within a reasonable time in order that
6 the work of the grand jury may proceed.
7 (2) Such counsel may be retained by the witness or shall
8 be appointed in the case of any person unable to procure
9 sufficient funds to obtain legal representation.
10 (3) Such counsel shall be allowed to be present in the
11 grand jury room during the questioning of the witness and
12 shall be allowed to advise the witness but shall make no
13 objections or arguments or otherwise address the grand jury
14 or the Attorney for the Commonwealth. The supervising judge
15 shall have the same power to remove such counsel from the
16 grand jury room as a judge has with respect to an attorney in
17 any court proceeding. Violation of this subsection shall be
18 punishable as contempt by the supervising judge.
19 (4) An attorney, or attorneys who are associated in
20 practice, shall not continue multiple representation of
21 clients in a grand jury proceeding if the exercise of the
22 attorney's independent professional judgment on behalf of one
23 of the clients will or is likely to be adversely affected by
24 his representation of another client. If the supervising
25 judge determines that an individual's interests will or is
26 likely to be adversely affected, he may order separate
27 representation of witnesses, giving appropriate weight to an
28 individual's right to counsel of his own choosing.
29 (d) No witness shall be prohibited from disclosing his
30 testimony before the investigating grand jury except for cause
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1 shown in a hearing before the supervising judge. In no event may
2 a witness be prevented from disclosing his testimony to his
3 attorney.
4 Section 9. Submission of investigations by the
5 attorney for the Commonwealth to the investigating
6 grand jury.
7 (a) Before submitting an investigation to the investigating
8 grand jury the attorney for the Commonwealth shall submit a
9 notice to the supervising judge. This notice shall allege that
10 the matter in question should be brought to the attention of the
11 investigating grand jury because the investigative resources of
12 the grand jury are necessary for proper investigation. The
13 notice shall allege that one or more of the investigative
14 resources of the grand jury are required in order to adequately
15 investigate the matter.
16 (b) After the attorney for the Commonwealth has filed the
17 notice submitting a matter to the investigating grand jury any
18 or all of the investigative resources of the investigating grand
19 jury may be used as regards the investigation.
20 Section 10. Investigating grand jury indictments.
21 (a) Should the investigating grand jury determine that upon
22 the basis of evidence presented to it a criminal indictment
23 should be returned against an individual, the grand jury shall
24 direct the attorney for the Commonwealth to prepare a bill of
25 indictment which shall be submitted to the investigating grand
26 jury for a vote. Should a majority of the full grand jury vote
27 approval for the indictment it shall then be presented to the
28 supervising judge.
29 (b) The supervising judge shall then schedule a probable
30 cause hearing which may in the interests of justice be held in
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1 camera and at which the attorney for the Commonwealth shall
2 present evidence from the grand jury record to demonstrate that
3 the decision of the grand jury to return an indictment was based
4 upon evidence before it which constitutes probable cause that
5 the indicted individual committed the offenses alleged. The
6 person sought to be indicted shall have the right to be present
7 at and participate in this hearing with the assistance of
8 retained or appointed counsel and to contest the allegations of
9 the attorney for the Commonwealth.
10 (c) If the supervising judge determines on the basis of the
11 evidence submitted at the hearing that there is probable cause
12 for the indictment he shall approve it and direct that it be
13 filed with the court. No indictment approved by an investigating
14 grand jury shall be filed until such a probable cause hearing
15 shall be held.
16 (d) The supervising judge may seal the proposed indictment
17 before or after the conducting of the hearing for cause shown.
18 (e) Whenever a multi-county investigating grand jury returns
19 an indictment against any person or persons the Attorney General
20 or his designee shall, with respect to the alleged criminal
21 activities, be authorized to prosecute said person or persons on
22 behalf of the Commonwealth by instituting criminal proceedings
23 in the county of appropriate venue. The Attorney General or his
24 designee shall take the oath of office required by law to be
25 taken of district attorneys, and shall be clothed with all the
26 powers and subject to all the liabilities imposed upon them by
27 law.
28 (f) In any case where a multi-county investigating grand
29 jury returns an indictment the supervising judge shall select
30 the county for conducting the trial from among those counties
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1 having jurisdiction.
2 Section 11. Investigating grand jury reports.
3 (a) Any investigating grand jury, by an affirmative majority
4 vote of the full investigating grand jury, may, at any time
5 during its term submit to the supervising judge an investigating
6 grand jury report.
7 (b) The judge to whom such report is submitted shall examine
8 it and the record of the investigating grand jury and, except as
9 otherwise provided in this section, shall issue an order
10 accepting and filing such report as a public record with the
11 court of common pleas of the county or counties which are the
12 subject of such report only if the report is based upon facts
13 received in the course of an investigation authorized by this
14 act and is supported by the preponderance of the evidence.
15 (c) Upon the submission of a report pursuant to subsection
16 (a), if the supervising judge finds that the filing of such
17 report as a public record may prejudice fair consideration of a
18 pending criminal matter, he shall order such report sealed and
19 such report shall not be subject to subpoena or public
20 inspection during the pendency of such criminal matter except
21 upon order of court.
22 (d) Failure of the supervising judge to accept and file as a
23 public record a report submitted under this section may be
24 appealed by the attorney for the Commonwealth to the Chief
25 Justice of the Supreme Court or such justice of the Supreme
26 Court who is designated by rule to hear such appeals.
27 (e) If the supervising judge finds that the report is
28 critical of an individual not indicted for a criminal offense
29 the supervising judge may at his sole discretion allow the named
30 individual to submit a response to the allegations contained in
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1 the report. The supervising judge may then at his discretion
2 allow the response to be attached to the report as part of the
3 report before the report is made part of the public record
4 pursuant to subsection (b).
5 Section 12. Costs of investigating grand juries.
6 (a) The costs of a county investigating grand jury shall be
7 borne by the county in which it is impaneled.
8 (b) The costs of any multi-county investigating grand jury
9 shall be borne by the Commonwealth.
10 Section 13. Compensation of investigating grand jurors.
11 Investigating grand jurors shall be compensated in accordance
12 with the rules of court for compensating petit jurors in the
13 county or counties in which said grand jury is sitting.
14 Section 14. Protection of employment of jurors.
15 (a) An employer shall not deprive an employee of his
16 employment, seniority position or benefits, or threaten or
17 otherwise coerce him with respect thereto, because the employee
18 receives a summons, responds thereto, serves as an investigating
19 grand juror or attends court for prospective investigating grand
20 jury service. Nothing herein shall be construed to require the
21 employer to compensate the employee for employment time lost
22 because of said grand jury service.
23 (b) Any employer who violates subsection (a) is guilty of a
24 summary offense.
25 (c) If any employer penalizes an employee in violation of
26 subsection (a) the employee within six months may bring a civil
27 action for recovery of wages or benefits lost as a result of the
28 violation and for an order requiring the reinstatement of the
29 employee. Damages recoverable shall not exceed wages and
30 benefits actually lost. If he prevails, the employee shall be
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1 allowed a reasonable attorney's fee fixed by the court.
2 (d) This section shall not apply to any employer in any
3 retail or service industry employing fewer than 15 persons or
4 any employer in any manufacturing industry employing fewer than
5 40 persons. Any individual not entitled to reemployment under
6 subsection (a) shall be entitled upon request to the presiding
7 judge to be excused from grand jury service.
8 Section 15. Effective date.
9 This act shall take effect immediately.
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