PRINTER'S NO. 1933
No. 1609 Session of 1977
INTRODUCED BY REED, CIMINI, BITTINGER, STEWART, PRATT, TENAGLIO,
CALTAGIRONE AND ZWIKL, AUGUST 13, 1977
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 13, 1977
AN ACT
1 Establishing the Pennsylvania Independent Crime Commission and
2 prescribing its organization, powers and duties.
3 TABLE OF CONTENTS
4 Section 1. Short title.
5 Section 2. Definitions.
6 Section 3. Pennsylvania Independent Crime Commission;
7 established.
8 Section 4. Executive director; other employees.
9 Section 5. Authority and jurisdiction.
10 Section 6. Powers and duties of the commission.
11 Section 7. Commission may request grant of immunity.
12 Section 8. Investigative grand juries; counties.
13 Section 9. Investigative grand juries; Statewide.
14 Section 10. List of prospective jurors; selection;
15 membership.
16 Section 11. Judicial supervision.
17 Section 12. Presentation of evidence.
18 Section 13. Return of presentment; designation of venue.
1 Section 14. Grand juries may grant immunity.
2 Section 15. Independent Crime Commission Fund.
3 Section 16. Pennsylvania Crime Commission is abolished.
4 Section 17. Repeal.
5 Section 18. Effective date.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the "Independent
10 Crime Commission Act."
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have, unless the context clearly indicates otherwise, the
14 meanings given to them in this section:
15 "Commission." The Pennsylvania Independent Crime Commission
16 established by this act.
17 "Chairman." The chairman of the Pennsylvania Independent
18 Crime Commission.
19 "Executive director." The Executive Director of the
20 Pennsylvania Independent Crime Commission.
21 Section 3. Pennsylvania Independent Crime Commission;
22 established.
23 There is hereby established a Pennsylvania Independent Crime
24 Commission which shall be an independent commission consisting
25 of three members to be appointed by the Commonwealth Court. One
26 member shall be appointed to fill an initial term which will
27 expire on July 1, 1978. One member shall be appointed to fill an
28 initial term which shall expire on July 1, 1980. One member
29 shall be appointed to fill an initial term which shall expire
30 July 1, 1982. Succeeding members shall be appointed for six-year
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1 terms. Members shall be eligible for reappointment but in no
2 case shall more than two members of the commission be of the
3 same political party. The commission shall elect one of their
4 members as chairman. Commission members shall receive $100 for
5 each day of service actually rendered and may be reimbursed for
6 expenses necessarily incurred in the performance of their
7 duties.
8 Section 4. Executive director; other employees.
9 (a) The commission shall appoint and fix the compensation of
10 an executive director who shall be an attorney at law. The
11 executive director shall devote his full time to the general
12 supervision of all investigations and proceedings by the
13 commission and shall act as its counsel. The commission may
14 appoint such other employees as it may find necessary for the
15 effective functioning of the commission. The salaries of the
16 other employees shall be set by the commission. Expenses
17 necessarily incurred by the executive director or other
18 employees shall be paid upon the presentation of itemized
19 vouchers to the chairman.
20 (b) Notwithstanding section 902 of the act of April 9, 1929
21 (P.L.177, No.175), known as "The Administrative Code of 1929,"
22 the executive director shall have the power and its duty shall
23 be:
24 (1) to furnish legal advice to the commission concerning
25 any legal matter or thing arising in connection with the
26 exercise of the official powers or performance of the
27 official duties of the commission;
28 (2) to supervise, direct and control all of the legal
29 affairs of the commission; and
30 (3) to represent the commission in any litigation to
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1 which the commission may be a party or in which the
2 commission is permitted or required by law to initiate
3 intervene or interplead.
4 (c) Neither the executive director nor any other employee of
5 the commission shall be removed except for just cause through
6 written notice, setting forth in detail the reasons for such
7 action.
8 (d) Members of the commission, the executive director, and
9 any employee of the commission shall not participate in any
10 political activity prohibited by sections 904 or 905 of the act
11 of August 5, 1941 (P.L.752, No.286), known as the "Civil Service
12 Act."
13 Section 5. Authority and jurisdiction.
14 The commission shall have the general authority to conduct
15 investigations and inquire into the causes of crime and
16 delinquency, the adequacy of law enforcement and the
17 administration of justice. The commission shall primarily direct
18 its activities with particular reference to the following
19 specific areas:
20 (1) organized crime and racketeering;
21 (2) crime or corruption among public officers or
22 employees which affect the performance of their public duties
23 or maintenance of the public trust; and
24 (3) any relationship between any person or combination
25 of persons involved in the commission of crimes and any
26 government or political unit, association, organization,
27 trade business constituting part of or doing business with
28 the Commonwealth.
29 Section 6. Powers and duties of the commission.
30 (a) Pursuant to investigations conducted in accordance with
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1 its authority and jurisdiction, the commission shall have the
2 following powers and duties:
3 (1) to compel the attendance and testimony of witnesses
4 and the production of documents bearing a reasonable relation
5 to the investigation being conducted.
6 (2) to make a detailed written report of every completed
7 investigation and to refer such findings to the appropriate
8 district attorney or to make recommendations for legislative
9 or administrative action, as may be appropriate;
10 (3) to assemble a report at the end of the fiscal year
11 detailing all moneys received and disbursed; and
12 (4) to compile and publish rules for the calling of
13 meetings and the conduct of investigations.
14 (b) Subpoenas shall be issued and executed by at least two
15 commissioners and the executive director and shall be served by
16 any person authorized to serve subpoenas under the laws of the
17 Commonwealth. Upon failure of any person to comply with any
18 subpoena lawfully issued, the commission may invoke the aid of
19 the court of common pleas of the county wherein the person is
20 summoned to appear of the county wherein the person is served
21 with a subpoena.
22 Section 7. Commission may request grant of immunity.
23 In any examination or hearing before the commission, if a
24 person refuses to answer a question or produce evidence of any
25 other kind on the ground that he may be incriminated thereby,
26 the chairman or the executive director may request in writing
27 that the court of common pleas of the county in which the
28 investigation takes place to order that person to answer the
29 question or produce the evidence. The court shall so order
30 unless it finds that such order would be contrary to the public
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1 interest. After complying, and if, but for this section, the
2 person would have been privileged to withhold the answer given
3 or the evidence produced, such answer or evidence or any
4 information directly or indirectly derived from such answer or
5 evidence may not be used against the person in any subsequent
6 criminal proceeding except a prosecution for perjury, giving a
7 false statement or otherwise failing to comply with the order.
8 Section 8. Investigative grand juries; counties.
9 (a) If the investigations of the commission, based upon
10 direct knowledge gained from trustworthy information, reveals
11 that within a particular county there exists:
12 (1) a system of organized crime, racketeering or other
13 systematic violations of the law of a widespread nature; or
14 (2) specific instances of crime among public officers
15 affecting the performance of their public duties and such
16 criminal violations are of a widespread nature or other
17 circumstances exist which prevent their effective discovery
18 or investigation by the ordinary processes of the law,
19 the executive director may, upon concurrence of at least two
20 members of the commission, petition the court of common pleas
21 having jurisdiction over the prosecution of such offenses to
22 convene a grand jury for the purpose of investigating such
23 offenses.
24 (b) The grand jury shall convene for a term necessary to
25 complete their investigations and shall, from time to time as
26 the evidence warrants, make presentments and recommendations to
27 the appropriate district attorney. Such investigative grand jury
28 shall be impaneled in the manner provided by law for other grand
29 juries.
30 Section 9. Investigative grand juries; Statewide.
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1 (a) If the investigation of the commission, based upon
2 direct knowledge gained from trustworthy information reveals
3 that on a Statewide basis there exists:
4 (1) a system of organized crime, racketeering or other
5 systematic violations of the law; or
6 (2) instances of crime or corruption among public
7 officers or employees which affect the performance of their
8 public duties or maintenance of the public trust and such
9 criminal violations are not limited to a particular county or
10 other circumstances exist which prevent their effective
11 discovery and investigation by the ordinary processes of law
12 or by a county grand jury,
13 the executive director may, upon concurrence of two members of
14 the commission, petition any justice of the Supreme Court to
15 convene a Statewide grand jury.
16 (b) The Statewide grand jury shall have the same powers and
17 duties and function in the same manner as a county investigative
18 grand jury except that its jurisdiction shall extend throughout
19 the Commonwealth. The Supreme Court may promulgate such rules as
20 it deems necessary to govern the procedures of Statewide grand
21 juries.
22 Section 10. List of prospective jurors; selection; membership.
23 The Supreme Court Administrator, or his designee, upon
24 receipt of an order of an assignment from the justice to whom
25 the original application was made, shall prepare a list of
26 prospective jurors drawn from the current grand jury lists of
27 the several counties from which list the justice shall impanel
28 the Statewide grand jury. A Statewide grand jury shall be
29 composed of members in the same number and having the same
30 qualifications as provided by law in the case of a county grand
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1 jury, except that not more than one-fourth of the members of the
2 Statewide grand jury shall be residents of any one county.
3 Section 11. Judicial supervision.
4 Judicial supervision of the Statewide grand jury shall be
5 maintained by a judge selected by the justice to whom the
6 original application was made. All presentments or formal
7 returns of any kind shall be returned to such judge.
8 Section 12. Presentation of evidence.
9 The presentation of evidence to the Statewide grand jury
10 shall be made by the executive director or his designee.
11 Section 13. Return of presentment; designation of venue.
12 Any presentment or recommendation of prosecution shall be
13 submitted by the supervising judge to the justice to whom
14 original application was made without designation of venue.
15 Thereupon, the justice shall, by order, designate the county to
16 which such presentment or recommendation shall be referred for
17 purpose of trial.
18 Section 14. Grand juries may grant immunity.
19 Any county or Statewide grand jury may, in the case of the
20 refusal of a witness to testify or produce evidence on the
21 grounds that such evidence would incriminate him, apply to the
22 supervising judge for an order, compelling such witness to
23 testify. In the case of a Statewide grand jury such application
24 shall be made to the supervising judge. Any witness so compelled
25 shall be granted immunity to the extent provided by section 7.
26 Section 15. Independent Crime Commission Fund.
27 (a) There is hereby created for the special purpose of this
28 act, an Independent Crime Commission Fund. Beginning July 1,
29 1977, 2% of the tax collected by the Department of Revenue
30 pursuant to the act of June 9, 1936 (1st Sp.Sess., P.L.13,
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1 No.4), referred to as the Emergency State Tax on Liquor, shall
2 be paid into the State Treasury to the credit of the Independent
3 Crime Commission Fund.
4 Moneys in the Independent Crime Commission Fund are hereby
5 appropriated to the Pennsylvania Independent Crime Commission to
6 be used solely for the purposes of this act.
7 All expenses incurred in connection with the administration
8 of this act shall be paid solely out of the Independent Crime
9 Commission Fund.
10 (b) Notwithstanding the provisions of the act of June 29,
11 1976 (No.117), entitled "An act relating to the fiscal affairs
12 of the Commonwealth concerning duties of the Governor, the
13 Secretary of Revenue and the Budget Secretary, with respect to
14 the submission of and signing the budget for any fiscal year;
15 and, after a budget is enacted, regulating the issuance of
16 warrants by the State Treasurer for certain requisitioned funds
17 and imposing duties on persons authorized by law to issue
18 requisitions for the payment of moneys from the State Treasury;
19 and prescribing that Federal funds received by the Commonwealth
20 shall be deposited in the General Fund account with certain
21 exceptions," any and all Federal funds for which the
22 Pennsylvania Independent Crime Commission may become eligible
23 shall be deposited in the Pennsylvania Independent Crime
24 Commission Fund and are hereby appropriated to the Pennsylvania
25 Independent Crime Commission to be used solely for the purpose
26 of this act.
27 Section 16. Pennsylvania Crime Commission is abolished.
28 The Pennsylvania Crime Commission is hereby abolished, and
29 all of its records, files, property, supplies and equipment and
30 unexpended appropriations, if any, are transferred to the
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1 commission.
2 Section 17. Repeal.
3 As much as relates to the Pennsylvania Crime Commission in
4 the Department of Justice in section 208, and sections 469 and
5 923, act of April 9, 1929 (P.L.177, No.175), known as "The
6 Administrative Code of 1929," are repealed.
7 Section 18. Effective date.
8 This act shall take effect immediately except that sections
9 16 and 17 shall take effect in 30 days.
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