Pennsylvania Act 1993-84 — PENNSYLVANIA CRIME COMMISSION ACT - AMEND TERMINATION OF COMMISSION

Act text

PENNSYLVANIA CRIME COMMISSION ACT - AMEND TERMINATION OF COMMISSION
                  Act of Dec. 23, 1993, P.L. 567, No. 84              Cl. 44
                             Session of 1993
                               No. 1993-84

     HB 2091

                                  AN ACT

     Amending the act of October 4, 1978 (P.L.876, No.169), entitled
        "An act establishing the Pennsylvania Crime Commission and
        providing for its powers and duties," abolishing the act;
        further providing for the powers and duties of the
        Pennsylvania Crime Commission; providing for transition; and
        making an appropriation.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 1 and 2 of the act of October 4, 1978
     (P.L.876, No.169), known as the Pennsylvania Crime Commission
     Act, are amended to read:
      [Section 1.  Short title.
        This act shall be known and may be cited as the "Pennsylvania
     Crime Commission Act."
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Commission."  The Pennsylvania Crime Commission.
        "Court."  The Commonwealth Court.
        "Immunity order."  An order issued pursuant to this act by
     the Commonwealth Court directing a witness to testify or produce
     other information over a claim of privilege against self
     incrimination.
        "Organized crime."  The unlawful activity of an association
     trafficking in illegal goods or services, including but not
     limited to gambling, prostitution, loan sharking, controlled
     substances, labor racketeering or other unlawful activities or
     any continuing criminal conspiracy or other unlawful practice
     which has as its objective large economic gain through
     fraudulent or coercive practices or improper governmental
     influence.
        "Public corruption."  The unlawful activity of any public
     official or public employee under color of or in connection with
     any public office or employment or any candidate for public
     office of the agent of any candidate for public office under
     color of or in connection with any public office or employment.]
        Section 2.  Section 3 of the act, amended April 30, 1986
     (P.L.132, No.40) and repealed in part October 5, 1980 (P.L.693,
     No.142), is amended to read:
      Section 3.  Creation of commission; membership; compensation;
                    vacancies; removal.
        (a)  The Pennsylvania Crime Commission shall consist of
     [five] six members to be known as commissioners.
        (b)  One member of the commission shall be appointed by the
     Governor, one by the President pro tempore of the Senate, one by
     the Speaker of the House of Representatives, one by the Minority
     Leader of the Senate and one by the Minority Leader of the House
     of Representatives. The chairperson of the commission shall be
     the Commissioner of the Pennsylvania State Police.
        (c)  Of the original members, the member appointed by the
     Governor shall serve for an initial term of one year, the two
     members appointed by the Speaker of the House of Representatives
     and the Minority Leader of the House of Representatives
     respectively shall serve for an initial term of two years and
     the two members appointed by the President pro tempore of the
     Senate and the Minority Leader of the Senate respectively shall
     serve for an initial term of three years. Thereafter each
     appointment provided for by this act shall be for a term of
     three years and such appointments shall be made in the same
     manner as the original appointments. Not more than three
     commissioners shall be members of the same political party.
        (d)  Commissioners shall receive $50 a day compensation for
     their services. Expenses incurred by the executive director or
     other employees shall be allowed and paid on the presentation of
     itemized vouchers therefor and approved by the commission. This
     subsection shall not apply to the chairperson of the commission.
        (e)  All vacancies shall be filled, for the remainder of the
     unexpired term in the same manner as original appointments. Any
     commissioner, upon the expiration of his term, shall continue to
     hold office until his successor has been duly appointed and
     qualified according to law, but in no event longer than six
     months after the expiration of the commissioner's appointed
     term.
        (f)  Except as authorized pursuant to this subsection, no
     commissioner may be removed from office during his term. The
     Governor may, upon a clear and convincing evidence of
     misfeasance or malfeasance in office or neglect of duty, remove
     a commissioner prior to the expiration of his term. The Governor
     shall provide the commissioner so removed with a detailed
     written statement of the reasons for his removal. A commissioner
     so removed may petition the Court for reinstatement. The court
     shall hold an expedited hearing and render a decision within 30
     days after said hearing or as soon thereafter as may be
     practicable. Any decision of the Court adverse to a commissioner
     so removed shall create a vacancy which shall be filled pursuant
     to subsection (e). This subsection shall not apply to the
     chairperson of the commission.
        (g)  This section shall expire June 30, 1994.
        Section 3.  Section 4 of the act, amended April 30, 1986
     (P.L.132, No.40), is amended to read:
      Section 4.  Powers and duties.
        (a)  The Pennsylvania Crime Commission shall have the power
     and its duty shall be:
            (1)  To inquire into organized crime and activities of
        persons engaged in or associated with organized crime.
            (2)  To inquire into public corruption and the activities
        of persons engaged in and associated with public corruption.
            (3)  To make a detailed written report of every completed
        investigation which may include recommendation for
        legislative or administrative action.
            (4)  To account to the Governor, the Auditor General and
        the General Assembly at the end of each fiscal year for all
        moneys received and disbursed.
            [(5)  To submit, during April of each calendar year, an
        annual report on the status of organized crime in the
        Commonwealth to a joint public hearing of the Judiciary
        Committee of the Senate and the House of Representatives.

        In addition the commission shall submit other reports
     prepared pursuant to this section and to present said reports at
     public hearings of the committees of the Senate and the House of
     Representatives having oversight responsibilities or appropriate
     legislative jurisdiction of the subject matter of said reports.]
            (6)  Through its chairman, to call upon the department
        heads of State Government and State agencies for such
        information and assistance as is needed to carry out the
        functions of the commission.
            (7)  To require the attendance and testimony of witnesses
        and the production of documentary evidence relative to any
        investigation which the commission may conduct in accordance
        with the powers given it. Such subpoenas shall be signed by
        the chairman, the executive director and two commissioners
        and shall be served by any person authorized to serve
        subpoenas under the laws of the Commonwealth.
            (8)  To appoint and fix the compensation of an executive
        director who shall devote his full time to the general
        supervision of all investigations and proceedings by the
        commission.
            (9)  To appoint and fix the compensation of such other
        employees as the commission may from time to time find
        necessary for the proper performance of the functions of the
        commission. Investigative employees of the commission shall
        be deemed law enforcement officers.
            (10.1)  To promulgate and publish rules and regulations,
        including those regulations controlling or defining the:
                (i)  Calling of meetings.
                (ii)  Investigative responsibilities of commission
            members.
                (iii)  Written procedures to be utilized by the
            commission's investigative management staff in planning
            and supervising investigations and inquiries.
                (iv)  Dissemination of materials, including
            dissemination to the Governor and members or committees
            of the General Assembly.
                (v)  Appropriate use of commission property,
            including all vehicles.
                (vi)  Maintenance of confidentiality of information.
                (vii)  All other procedures and acts as are necessary
            for the proper functioning of the commission.
            (11)  To perform such other acts as are necessary for the
        proper functioning of the commission.
        (b)  This section shall expire June 30, 1994.
        Section 4.  Section 5 of the act is amended to read:
      [Section 5.  Limitations on activities by commission members and
                 employees.
        (a)  A commissioner shall not hold any elective public
     office.
        (b)  A commissioner or any employee of the commission shall
     not engage in any partisan activity, other than voting and
     making, but not soliciting contributions to candidates for
     office.]
        Section 5.  Section 5.1 of the act, added April 30, 1986,
     P.L.132, No.40), is amended to read:
      [Section 5.1.  Weapons.
        (a)  The commission shall publish and promulgate regulations
     and procedures for the use or possession of firearms by any
     commission employee, including:
            (1)  The type of weapon permitted.
            (2)  The job title or classification of employee to be
        permitted to possess or use a firearm.
            (3)  The specific circumstances in which an employee
        would be permitted to possess or use a firearm.
        (b)  No commission employee may use or possess a firearm in
     the course of his duties unless he has successfully completed
     the basic firearm training program approved by the Pennsylvania
     State Police for its own officers. All costs for such training
     shall be borne by the commission.]
        Section 6.  Section 6 of the act is amended to read:
      [Section 6.  Immunity of witnesses.
        (a)  Immunity orders shall be available under this section in
     all proceedings before the Pennsylvania Crime Commission.
        (b)  The commission may request an immunity order from any
     judge of the Commonwealth Court and said judge shall issue an
     immunity order when in the judgement of the commission:
            (1)  the testimony or other information from a witness
        may be necessary to the public interest, and
            (2)  a witness has refused or is likely to refuse to
        testify or provide other information on the basis of his
        privilege against self-incrimination.
        (c)  Whenever a witness refuses, on the basis of his
     privilege against self-incrimination, to testify or provide
     other information in a proceeding specified in subsection (a),
     and any commissioner presiding at such proceeding communicates
     to the witness an immunity order, that witness may not refuse to
     testify based on his privilege against self-incrimination.
        (d)  No testimony or other information compelled under an
     immunity order, or any information directly or indirectly
     derived from such testimony or other information, may be used
     against a witness in any criminal case, except that such
     information may be used:
            (1)  in a prosecution under 18 Pa.C.S. § 4902 (relating
        to perjury) or under 18 Pa.C.S. § 4903 (relating to false
        swearing),
            (2)  in a contempt proceeding for failure to comply with
        an immunity order, or
            (3)  as evidence, where otherwise admissible, in any
        proceeding where the witness is not a criminal defendant.
        (e)  Any person who shall fail to comply with an immunity
     order may be adjudged in civil contempt and committed to a
     county jail by the issuing judge until such time as said person
     shall purge himself of contempt by complying with the immunity
     order. Provided however, if the proceeding or the investigation
     or report involving any proceeding wherein said person refused
     to comply with an immunity order has been completed, said person
     may purge himself of contempt by complying with said order
     before the commission notwithstanding the completion of said
     investigation or report.
        (f)  Prior to seeking an immunity order, the commission shall
     require the executive director to consult with the Attorney
     General, the district attorney of any affected county, and the
     United States Attorney of any affected district in order to
     prevent any interference with any of their investigations. The
     results of the consultation shall be reported to the commission
     before any immunity order is sought pursuant to this section. In
     addition the commission shall give notice to the Attorney
     General, the United States Attorney of any affected district and
     any district attorney of any affected county of any request for
     an immunity order to be submitted to a judge of the Commonwealth
     Court. Any such officer may appear as a party and request a
     reasonable delay or denial of the grant of immunity if an
     immediate grant would jeopardize an investigation or
     prosecution. The judge may, in a proceeding under this section,
     delay or deny the request for immunity if he determines, in the
     exercise of his discretion that an immunity order will
     jeopardize an actual or pending investigation or prosecution.]
        Section 7.  Section 7 of the act, amended April 30, 1986
     (P.l.132, No.40), is amended to read:
      [Section 7.  Enforcement of subpoenas.
        (a)  Upon the failure of any person who is subpoenaed
     pursuant to section 4(7) to obey the command of the subpoena or
     to be sworn or affirmed or to testify, application may be made
     to the Commonwealth Court for the enforcement of such subpoena.
        (b)  If any person who has been ordered by the Commonwealth
     Court to comply with a subpoena issued pursuant to section 4(7)
     fails to obey the command of such order, application may be made
     to the Commonwealth Court for the attachment of said person who
     is to be brought before the court which is authorized to proceed
     against said person for civil contempt of court.]
        Section 8.  Sections 8, 9, 10, 12 and 13 of the act are
     amended to read:
      [Section 8.  Disclosure of executive session testimony and
                 investigative records.
        No testimony taken in executive session, any part thereof, or
     any summary thereof and no investigative record, any part
     thereof, or any summary thereof, shall be released or disclosed
     to any person either orally or in writing by any commissioner or
     employee of the commission without the authorization of the
     commission.]
      Section 9.  Privileged statements and reports.
        (a)  Any statement or disclosure of information made by a
     commissioner or an employee of the commission during the course
     of any [commission] hearing [or official proceeding and any
     report issued by the commission] before the General Assembly
     shall be absolutely privileged and such privilege shall be an
     absolute defense to any action for invasion of privacy,
     defamation or other civil or criminal action.
        (b)  This section shall expire June 30, 1994.
      [Section 10.  Disclosure of financial interests.
        (a)  Each commissioner, as of the date of appointment to the
     commission and on or before March 15th of each following year,
     shall file with the Governor, the Secretary of the Senate and
     the Chief Clerk of the House of Representatives for the
     preceding calendar year a sworn statement of financial
     interests. The financial statement shall contain the information
     required pursuant to subsection (e). Once an economic interest
     statement has been filed under this act, such statement shall be
     updated annually by filing a supplemental statement thereto. The
     financial interests of a spouse or child, under 18 years of age,
     of a commissioner shall be deemed a financial interest of a
     commissioner.
        (b)  The Governor, the Secretary of the Senate and the Chief
     Clerk of the House of Representatives shall maintain all
     disclosure statements filed by commissioners as public records
     which shall be open for public examination and copying, at cost,
     at all reasonable times. Such disclosure statements shall remain
     on file for five years from the initial date of filing.
        (c)  The commission shall promulgate, by regulation, to be
     published in the Pennsylvania Bulletin, financial disclosure
     requirements for employees of the commission.
        (d)  In addition to any other penalties imposed by law for
     false swearing, neglect or refusal of any commissioner or
     employee to file a complete and accurate financial statement
     pursuant to the requirements of this section or the willful
     filing of an inaccurate statement shall, in the case of
     commissioners, constitute misfeasance in office, and shall, in
     the case of employees, constitute grounds for dismissal.
        (e)  The sworn financial disclosure statement shall contain:
            (1)  The identity, by name, of all offices and
        directorships.
            (2)  An identifying description of all real estate in the
        Commonwealth in which he or a member of his household has any
        interest, direct or indirect, including an option to buy,
        provided a commissioner's primary place of residence shall
        not be included.
            (3)  The name of each creditor to whom he or a member of
        his household owes moneys in excess of $5,000, the category
        of the amount owed, and the interest rate, provided further
        that loans or credit extended between members of the
        immediate family and any mortgage upon the commissioner's
        primary place of residence shall not be included.
            (4)  The name of each business, insurance policy, or
        trust in which he or a member of his household has a
        financial interest, and the nature and category of the amount
        of such interest.
            (5)  The source, by name, and category of the amounts of
        any income in excess of $1,000, including capital gains,
        whether or not taxable, received by him or a member of his
        household during the preceding year.
            (6)  A list of businesses with which a commissioner is
        associated that do business with or are regulated by the
        State and a description of the nature of such business or
        regulation.
            (7)  Any salary, fee, commission or other income, listed
        in dollar amount or value, received by a commissioner from
        any political subdivision of the Commonwealth or any agency
        of the Commonwealth, other than the commission, including the
        name of such political subdivision or agency or from any
        entity which maintains a person required to be registered as
        a lobbyist under any law requiring such registration.
        (f)  Where an amount is required to be reported by category
     the individual shall report whether the amount is less than
     $5,000, at least $5,000 but less than $10,000, at least $10,000
     but less than $25,000, or $25,000 or more. An amount of stock
     may be reported by number of shares instead of by category of
     dollar value. No provision of this act shall be interpreted to
     prevent any person from filing more information or more detailed
     information than required.
      Section 12.  Repeals.
        Sections 469 and 923, act of April 9, 1929 (P.L.177, No.175),
     known as "The Administrative Code of 1929," are repealed.
      Section 13.  Effective date.
        This act shall take effect in 60 days.]
        Section 9.  The Pennsylvania Crime Commission shall not begin
     any new investigation. It shall also prepare to transfer all
     ongoing investigations to the Pennsylvania State Police and
     Federal law enforcement officials by June 30, 1994.
        The Commissioner of the Pennsylvania State Police, or a
     designee, shall review the records of the Pennsylvania Crime
     Commission and determine which records should remain with the
     Pennsylvania State Police and which should be transferred to
     Federal law enforcement authorities.
        Section 10.  The Commissioner of the Pennsylvania State
     Police shall determine which employees of the Pennsylvania Crime
     Commission shall be transferred to the Bureau of Criminal
     Investigation of the Pennsylvania State Police by June 30, 1994.
        Section 11.  By November 30, 1994, the Commissioner of the
     Pennsylvania State Police shall make a report to the General
     Assembly on the disposition of employees, property, cases and
     records of the Pennsylvania Crime Commission.
        Section 12.  The sum of $1,191,000 is hereby appropriated to
     the Pennsylvania Crime Commission for the period January 1,
     1994, to June 30, 1994, for the general governmental operations
     of the Pennsylvania Crime Commission.
        Section 13.  This act shall take effect as follows:
            (1)  Section 12 of this act shall take effect January 1,
        1994.
            (2)  The amendment of sections 1, 2, 5, 5.1, 6, 7, 8, 10,
        12 and 13 of the act shall take effect June 30, 1994.
            (3)  The remainder of this act shall take effect
        immediately.

     APPROVED--The 23rd day of December, A. D. 1993.

     ROBERT P. CASEY