SENATE AMENDED
PRIOR PRINTER'S NOS. 1098, 4078, 4124, PRINTER'S NO. 4286
4154
No. 981 Session of 1995
INTRODUCED BY PICCOLA, MASLAND, YOUNGBLOOD, FARMER, BAKER,
CONTI, GORDNER, FLEAGLE, GEORGE, COY, FICHTER, COLAIZZO,
MANDERINO, FAIRCHILD, STERN, CHADWICK, ARGALL, S. H. SMITH,
HERMAN, VAN HORNE, LAUGHLIN, MILLER, FARGO, MELIO, TIGUE,
SEMMEL, STISH, PETTIT, PISTELLA, E. Z. TAYLOR, CLYMER,
HENNESSEY, SATHER, MICHLOVIC, MERRY, CLARK, J. TAYLOR,
D. W. SNYDER, NICKOL, BELFANTI, TULLI, BATTISTO, MARSICO,
ROONEY, GEIST, MAITLAND, KING, HALUSKA, BOSCOLA AND JAMES,
MARCH 6, 1995
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 20, 1996
AN ACT
1 Establishing the Special Independent Prosecutor's Panel and
2 providing for its powers and duties; and providing for
3 special investigative counsel and for independent counsel.
4 TABLE OF CONTENTS
5 Chapter 1. Preliminary Provisions
6 Section 101. Short title.
7 Section 102. Definitions.
8 Chapter 3. General Provisions
9 Section 301. Organization of panel.
10 Section 302. Preliminary investigation.
11 Section 303. Conduct of preliminary investigation.
12 Section 304. Determination that further investigation not
13 warranted.
14 Section 305. Determination that further investigation is
1 warranted.
2 Section 306. Contents of application.
3 Section 307. Disclosure of information.
4 Section 308. Limitation on judicial review.
5 Section 309. Request by General Assembly. <--
6 Section 310 309. Duties of panel. <--
7 Chapter 5. Authority and Duties of Independent Counsel
8 Section 501. Authorities.
9 Section 502. Compensation and travel expenses.
10 Section 503. Additional personnel.
11 Section 504. Assistance of Pennsylvania State Police.
12 Section 505. Referral of other matters to independent counsel.
13 Section 506. Dismissal of matters.
14 Section 507. Reports by independent counsel.
15 Section 508. Independence from Office of Attorney General.
16 Section 509. Standards of conduct applicable to independent
17 counsel, persons serving in office of independent
18 counsel and their law firms.
19 Section 510. Custody of records of independent counsel.
20 Section 511. Cost controls and administrative support.
21 Section 512. Legislative oversight.
22 Section 513. Removal of independent counsel and termination of
23 office.
24 Section 514. Audits.
25 Section 515. Relationship with Office of Attorney General.
26 Section 516. Venue.
27 Chapter 11. Miscellaneous Provisions
28 Section 1101. Termination of effect of act.
29 Section 1102. Effective date.
30 The General Assembly of the Commonwealth of Pennsylvania
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1 hereby enacts as follows:
2 CHAPTER 1
3 PRELIMINARY PROVISIONS
4 Section 101. Short title.
5 This act shall be known and may be cited as the Independent
6 Counsel Authorization Act.
7 Section 102. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "General Counsel." The General Counsel of the Commonwealth.
12 "GROUNDS TO INVESTIGATE." INFORMATION WHICH WOULD LEAD A <--
13 REASONABLE PERSON TO SUSPECT THAT A CRIME IS BEING, OR HAS BEEN
14 COMMITTED.
15 "Independent counsel." A person appointed by the Special
16 Independent Prosecutor's Panel upon the request of a special
17 investigative counsel.
18 "Panel." The Special Independent Prosecutor's Panel
19 established under Chapter 3.
20 "Special investigative counsel." A person appointed by the
21 General Counsel to conduct a preliminary investigation under
22 this act.
23 CHAPTER 3
24 GENERAL PROVISIONS
25 Section 301. Organization of panel.
26 (a) Composition and selection.--The Special Independent
27 Prosecutor's Panel shall be composed of one judge of the <--
28 Superior Court, one judge of the Commonwealth Court and one <--
29 president judge TWO PRESIDENT JUDGES, INCLUDING SENIOR JUDGES, <--
30 of the courts of common pleas of the Commonwealth. The members
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1 of the panel shall be chosen by lot. The procedure shall be
2 determined by and supervised by the Court Administrator of
3 Pennsylvania in the Administrative Office of Pennsylvania
4 Courts. The Administrative Office of Pennsylvania Courts shall
5 disclose to the public the membership of the panel.
6 (b) Term of members.--Each member of the panel shall hold
7 office for a term of three years, after which the member may be
8 designated for another like term. Members shall serve no more
9 than two consecutive terms.
10 (c) Vacancies.--Any vacancy in the panel shall be filled
11 only for the remainder of the three-year period in which the
12 vacancy occurs and in the same manner as initial assignments to
13 the panel were made.
14 (d) Decisions by majority vote.--All decisions of the panel
15 shall be by majority vote of the members.
16 Section 302. Preliminary investigation.
17 (a) Preliminary investigation with respect to certain
18 covered persons.--The General Counsel shall appoint a special
19 investigative counsel to conduct a preliminary investigation in
20 accordance with this chapter whenever the General Counsel
21 receives information sufficient to constitute grounds to
22 investigate whether any person described in subsection (c) may
23 have violated any State criminal law other than a violation
24 classified as a summary offense or a misdemeanor of the second
25 or third degree.
26 (b) Preliminary investigation with respect to persons not
27 listed in subsection (c).--The Attorney General may request the
28 General Counsel to appoint a special investigative counsel to
29 conduct a preliminary investigation where the Attorney General
30 determines that an investigation or prosecution of the person,
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1 with respect to the information received, by the Attorney
2 General or other officer of the Attorney General's office may
3 result in a personal, financial or political conflict of
4 interest.
5 (c) Persons to whom subsection (a) applies.--The persons
6 referred to in subsection (a) are as follows:
7 (1) The Attorney General, any Assistant Attorney General
8 or any individual working in the Attorney General's office
9 who is defined as a "public employee" under the act of
10 October 4, 1978 (P.L.883, No.170), referred to as the Public
11 Official and Employee Ethics Law.
12 (2) Any individual who leaves any office or position
13 described in paragraph (1) during the incumbency of the
14 Attorney General with or under whom such individual served in
15 the office or position plus one year after such incumbency,
16 but in no event longer than a period of three years after the
17 individual leaves the office or position.
18 (3) Any individual who held an office or position
19 described in paragraph (1) during the incumbency of one
20 Attorney General and who continued to hold the office or
21 position for not more than 90 days into the term of the next
22 Attorney General, during the one-year period after the
23 individual leaves the office or position.
24 (4) The chairman and treasurer of the principal campaign
25 committee seeking the election or reelection of the Attorney
26 General, and any officer of that committee exercising
27 authority at the State level, during the incumbency of the
28 elected Attorney General.
29 (d) Examination of information to determine need for
30 preliminary investigation.--
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1 (1) In determining under subsection (a) whether grounds
2 to investigate exist, the General Counsel shall consider only
3 the following:
4 (i) The specificity of the information received.
5 (ii) The credibility of the source of the
6 information.
7 (2) The General Counsel shall determine whether grounds
8 to investigate exist no later than 30 days after the
9 information is first received. If within that 30-day period
10 the General Counsel determines that the information is not
11 specific or is not from a credible source, then the General
12 Counsel shall close the matter. If within that 30-day period
13 the General Counsel determines that the information is
14 specific and from a credible source, the General Counsel
15 shall, upon making that determination, appoint a special
16 investigative counsel to commence a preliminary investigation
17 with respect to that information. If the General Counsel is
18 unable to determine, within that 30-day period, whether the
19 information is specific and from a credible source, the
20 General Counsel shall, at the end of that 30-day period,
21 APPOINT A SPECIAL INVESTIGATIVE COUNSEL TO commence a <--
22 preliminary investigation with respect to that information.
23 Section 303. Conduct of preliminary investigation.
24 (a) In general.--A preliminary investigation conducted under
25 this act shall be of matters as the special investigative
26 counsel considers appropriate in order to make a determination
27 under section 304 or 305 of whether further investigation is
28 warranted with respect to each potential violation or allegation
29 of a violation of criminal law. The special investigative
30 counsel shall make the determination no later than 90 days after
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1 the preliminary investigation is commenced., except that in the <--
2 case of a preliminary investigation commenced after a
3 legislative request under section 309, the special investigative
4 counsel shall make the determination no later than 90 days after
5 the request is received. The special investigative counsel shall
6 promptly notify the panel of the commencement of the preliminary
7 investigation and the date of the commencement.
8 (b) Limited authority of special investigative counsel.--
9 (1) In conducting preliminary investigations under this
10 act, the special investigative counsel shall have no
11 authority to convene grand juries, plea bargain, grant
12 immunity or issue subpoenas.
13 (2) The special investigative counsel shall not base a
14 determination under this act that information with respect to
15 a violation of criminal law by a person is not specific and
16 from a credible source upon a determination that the person
17 lacked the state of mind required for the violation of
18 criminal law. The special investigative counsel shall not
19 base a determination under this act that there are no
20 reasonable grounds to believe that further investigation is
21 warranted upon a determination that the person lacked the
22 state of mind required for the violation of criminal law
23 involved unless there is clear and convincing evidence that
24 the person lacked the required state of mind.
25 (c) Extension of time for preliminary investigation.--The
26 special investigative counsel may apply to the panel for a
27 single extension, for a period of no more than 60 days, of the
28 90-day period referred to in subsection (a). The panel may, upon
29 a showing of good cause, grant the extension.
30 Section 304. Determination that further investigation not
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1 warranted.
2 (a) Notification of panel.--If the special investigative
3 counsel upon completion of a preliminary investigation under
4 this act determines that there are no reasonable grounds to
5 believe that further investigation is warranted, the special
6 investigative counsel shall promptly so notify the panel, and
7 the panel shall have no power to appoint an independent counsel
8 with respect to the matters involved.
9 (b) Form of notification.--The notification shall contain a
10 summary of the information received and a summary of the results
11 of the preliminary investigation. THE SUMMARY SHALL BE PLACED <--
12 UNDER SEAL.
13 Section 305. Determination that further investigation is
14 warranted.
15 (a) Application for appointment of independent counsel.--The
16 special investigative counsel shall apply to the panel for the
17 appointment of an independent counsel if:
18 (1) the special investigative counsel, upon completion
19 of a preliminary investigation under this act, determines
20 that there are reasonable grounds to believe that further
21 investigation is warranted; or
22 (2) the 90-day period referred to in section 303(a) and
23 any extension granted under section 303(c) have elapsed and
24 the special investigative counsel has not filed a
25 notification with the panel under section 304(a).
26 (b) Receipt of additional information.--If after submitting
27 a notification under section 304(a) the special investigative
28 counsel receives additional information sufficient to constitute
29 grounds to investigate the matters to which the notification
30 related, the special investigative counsel shall:
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1 (1) Conduct an additional preliminary investigation as
2 the special investigative counsel considers appropriate for a
3 period of no more than 90 days after the date on which the
4 additional information is received.
5 (2) Otherwise comply with the provisions of this chapter
6 with respect to the additional preliminary investigation to
7 the same extent as any other preliminary investigation under
8 this chapter.
9 Section 306. Contents of application.
10 Any application for the appointment of an independent counsel
11 under this act shall contain sufficient information to assist
12 the panel in selecting an independent counsel and in defining
13 that independent counsel's prosecutorial jurisdiction so that
14 the independent counsel has adequate authority to fully
15 investigate and prosecute the subject matter and all matters
16 related to that subject matter.
17 Section 307. Disclosure of information.
18 Except as otherwise provided in this act, no officer or
19 employee of the office of special investigative counsel or the
20 office of independent counsel may, without leave of the panel,
21 disclose to any individual outside the office of special
22 investigative counsel or office of independent counsel any
23 notification, application or any other document, material or
24 memorandum supplied to the panel under this act. Nothing in this
25 act shall be construed as authorizing the withholding of
26 information from the General Assembly.
27 Section 308. Limitation on judicial review.
28 The special investigative counsel determination under this
29 act to apply to the panel for the appointment of an independent
30 counsel shall not be reviewable in any court.
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1 Section 309. Request by General Assembly. <--
2 (a) By Judiciary Committee or members thereof.--The <--
3 Judiciary Committee of the Senate or the Judiciary Committee of
4 the House of Representatives, or a majority of all majority <--
5 party members or a majority of all minority party members of the
6 Judiciary Committee of the Senate or the Judiciary Committee of
7 the House of Representatives, BY A MAJORITY VOTE OF ITS MEMBERS <--
8 MEMBERSHIP WHICH SHALL INCLUDE A MAJORITY OF ITS MINORITY <--
9 MEMBERS MAJORITY MEMBERSHIP AND A MAJORITY OF ITS MINORITY <--
10 MEMBERSHIP, may request in writing that the General Counsel
11 appoint a special investigative counsel.
12 (b) Report by General Counsel pursuant to request.--No later
13 than 30 days after the receipt of a request under subsection
14 (a), the General Counsel shall submit to the committee making
15 the request or to the committee on which the persons making the
16 request serve a report on whether the special investigative
17 counsel has begun or will begin a preliminary investigation
18 under this act of the matters with respect to which the request
19 is made in accordance with section 302(a) or (b). The report
20 shall set forth the reasons for the special investigative
21 counsel's decision regarding the preliminary investigation as it
22 relates to each of the matters with respect to which the
23 legislative request is made. If there is a preliminary
24 investigation, the report shall include the date on which the
25 preliminary investigation began or will begin.
26 (c) Submission of information in response to request by
27 General Assembly.--At the same time as any notification,
28 application or any other document, material or memorandum is
29 supplied to the panel under this chapter with respect to a
30 preliminary investigation of any matter with respect to which a
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1 request is made under subsection (a), the notification,
2 application or other document, material or memorandum shall be
3 supplied to the committee making the request or to the committee
4 on which the persons making the request serve. If no application
5 for the appointment of an independent counsel is made to the
6 panel under this chapter pursuant to a preliminary
7 investigation, the special investigative counsel shall submit a
8 report to that committee stating the reasons why the application
9 was not made, addressing each matter with respect to which the
10 legislative request was made.
11 (d) Disclosure of information.--Any report, notification,
12 application or other document, material or memorandum supplied
13 to a committee under this section shall not be revealed to any
14 third party, except that the committee may, either on its own
15 initiative or upon the request of the General Counsel, make
16 public the portion of the report, notification, application,
17 document, material or memorandum as will not in the committee's
18 judgment prejudice the rights of any individual.
19 Section 310 309. Duties of panel. <--
20 (a) Appointment and jurisdiction of independent counsel.--
21 (1) Upon receipt of an application under Chapter 3, the
22 panel shall appoint an appropriate independent counsel and
23 shall define that independent counsel's prosecutorial
24 jurisdiction. The appointment shall occur in no less than 30
25 days.
26 (2) The panel shall appoint as independent counsel an
27 individual who has appropriate experience and who will
28 conduct the investigation and any prosecution in a prompt,
29 responsible and cost-effective manner. The panel shall seek
30 to appoint as independent counsel an individual who will
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1 serve to the extent necessary to complete the investigation
2 and any prosecution without undue delay. The panel may not
3 appoint as an independent counsel any person who holds any
4 office of profit or trust with the Commonwealth.
5 (3) In defining the independent counsel's prosecutorial
6 jurisdiction, the panel shall assure that the independent
7 counsel has adequate authority to fully investigate and
8 prosecute the subject matter with respect to which the
9 special investigative counsel has requested the appointment
10 of the independent counsel and all matters related to that
11 subject matter. Jurisdiction shall also include the authority
12 to investigate and prosecute State crimes, other than those
13 classified as summary offenses or misdemeanors of the second
14 or third degree, that may arise out of the investigation or
15 prosecution of the matter with respect to which the special
16 investigative counsel's request was made, including, but not
17 limited to, perjury, obstruction of justice, destruction of
18 evidence and intimidation of witnesses.
19 (4) The panel shall disclose the identity of the
20 independent counsel upon appointment.
21 (b) Expansion of jurisdiction.--
22 (1) The panel upon the request of the General Counsel
23 may expand the prosecutorial jurisdiction of an independent
24 counsel. The expansion may be in lieu of the appointment of
25 another independent counsel.
26 (2) If the independent counsel discovers or receives
27 information about possible violations of criminal law by
28 persons as provided in section 302 which are not covered by
29 the prosecutorial jurisdiction of the independent counsel,
30 the independent counsel may submit the information to the
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1 General Counsel. The General Counsel shall then appoint a
2 special investigative counsel to conduct a preliminary
3 investigation of the information in accordance with the
4 provisions of Chapter 3, except that the preliminary
5 investigation shall not exceed 30 days from the date the
6 information is received. In making the determinations
7 required by Chapter 3, the special investigative counsel
8 shall give great weight to any recommendations of the
9 independent counsel.
10 (3) If the special investigative counsel determines,
11 after according great weight to the recommendations of the
12 independent counsel, that there are no reasonable grounds to
13 believe that further investigation is warranted, the special
14 investigative counsel shall promptly so notify the panel, and
15 the panel shall have no power to expand the jurisdiction of
16 the independent counsel or to appoint another independent
17 counsel with respect to the matters involved.
18 (4) The panel shall expand the jurisdiction of the
19 appropriate independent counsel to include the matters
20 involved or shall appoint another independent counsel to
21 investigate the matters if:
22 (i) the special investigative counsel determines
23 that there are reasonable grounds to believe that further
24 investigation is warranted; or
25 (ii) the 30-day period referred to in paragraph (2)
26 elapses without a notification to the panel that no
27 further investigation is warranted.
28 (c) Return for further explanation.--Upon receipt of a
29 notification under Chapter 3 or subsection (b)(3) from the
30 special investigative counsel that there are no reasonable
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1 grounds to believe that further investigation is warranted with
2 respect to information received under this act, the panel shall
3 have no authority to overrule this determination but may return
4 the matter to the special investigative counsel for further
5 explanation of the reasons for the determination.
6 (d) Vacancies.--If a vacancy in office arises by reason of
7 the resignation, death or removal of an independent counsel, the
8 panel shall appoint an independent counsel to complete the work
9 of the independent counsel whose resignation, death or removal
10 caused the vacancy, except that, in the case of a vacancy
11 arising by reason of the removal of an independent counsel, the
12 panel may appoint an acting independent counsel to serve until
13 any judicial review of the removal is completed.
14 (e) Disclosure of information.--The panel may, subject to <--
15 section 507(b), allow the disclosure of any notification,
16 application or any other document, material or memorandum
17 supplied to the panel under this act.
18 (f) Amicus curiae briefs.--When presented with significant
19 legal issues, the panel may disclose sufficient information
20 about the issues to permit the filing of timely amicus curiae
21 briefs.
22 CHAPTER 5
23 AUTHORITY AND DUTIES OF INDEPENDENT COUNSEL
24 Section 501. Authorities.
25 Notwithstanding any other provision of law, an independent
26 counsel appointed under this act shall have, with respect to all
27 matters in the independent counsel's prosecutorial jurisdiction
28 established under this act, full power and independent authority
29 to exercise all investigative and prosecutorial functions and
30 powers of the Office of Attorney General, the Attorney General
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1 and any other officer or employee of the Office of Attorney
2 General. Investigative and prosecutorial functions and powers
3 shall include, but are not limited to:
4 (1) Conducting proceedings before grand juries and other
5 investigations.
6 (2) Participating in court proceedings and engaging in
7 any litigation, including civil and criminal matters, that
8 the independent counsel considers necessary.
9 (3) Appealing any decision of a court in any case or
10 proceeding in which the independent counsel participates in
11 an official capacity.
12 (4) Reviewing all documentary evidence available from
13 any source.
14 (5) Determining whether to contest the assertion of any
15 testimonial privilege.
16 (6) Receiving appropriate security clearances and, if
17 necessary, contesting in court, including, where appropriate,
18 participating in an in-camera proceeding, any claim of
19 privilege or attempt to withhold evidence on grounds of
20 security.
21 (7) Making applications to any State court for a grant
22 of immunity to any witness, consistent with applicable
23 statutory requirements, or for warrants, subpoenas or other
24 court orders, and exercising the authority vested in the
25 Attorney General or a district attorney.
26 (8) Inspecting, obtaining or using the original or a
27 copy of any tax return in accordance with applicable statutes
28 and regulations.
29 (9) Initiating and conducting prosecutions in any court
30 of competent jurisdiction, framing and signing indictments,
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1 filing information and handling all aspects of any case in
2 the name of the Commonwealth.
3 (10) Consulting with the district attorney for the
4 county in which any violation of law with respect to which
5 the independent counsel is appointed was alleged to have
6 occurred.
7 Section 502. Compensation and travel expenses.
8 An independent counsel appointed under this act shall receive
9 compensation at the per diem rate equal to the annual rate of
10 basic pay payable to the Attorney General. An independent
11 counsel and persons appointed under section 503 shall be
12 entitled to the payment of travel expenses.
13 Section 503. Additional personnel.
14 For the purposes of carrying out the duties of the office of
15 independent counsel, the independent counsel may appoint, fix
16 the compensation and assign the duties of the employees the
17 independent counsel considers necessary, including, but not
18 limited to, investigators, attorneys and part-time consultants.
19 The positions of these employees are exempted from the
20 competitive service. Employees shall be compensated at levels
21 not to exceed those payable for comparable positions in the
22 Office of Attorney General.
23 Section 504. Assistance of Pennsylvania State Police.
24 (a) Carrying out functions.--An independent counsel may
25 request assistance from the Pennsylvania State Police in
26 carrying out the functions of the independent counsel, and the
27 Pennsylvania State Police shall provide that assistance, which
28 may include the use of the resources and personnel necessary to
29 perform the independent counsel's duties.
30 (b) Payment of and reports on expenditures of independent
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1 counsel.--The Office of General Counsel shall pay all costs
2 relating to the establishment and operation of an office of
3 independent counsel. The General Counsel shall submit to the
4 General Assembly, no later than 30 days after the end of each
5 fiscal year, a report on amounts paid during that fiscal year
6 for expenses of investigations and prosecutions by independent
7 counsel. Each report shall include a statement of all payments
8 made for activities of independent counsel.
9 Section 505. Referral of other matters to independent counsel.
10 An independent counsel may ask the panel to refer to the
11 independent counsel matters related to the independent counsel's
12 prosecutorial jurisdiction, and the panel may refer these
13 matters. If the Attorney General refers a matter to an
14 independent counsel on the Attorney General's own initiative,
15 the independent counsel may accept the referral if the matter
16 relates to the independent counsel's prosecutorial jurisdiction.
17 Section 506. Dismissal of matters.
18 The independent counsel shall have full authority to dismiss
19 matters within the independent counsel's prosecutorial
20 jurisdiction without conducting an investigation or at any
21 subsequent time before prosecution.
22 Section 507. Reports by independent counsel.
23 (a) Required reports.--An independent counsel shall:
24 (1) File with the panel, with respect to the six-month
25 period beginning on the date of his appointment, and with
26 respect to each six-month period thereafter until the office
27 of that independent counsel terminates, a report which
28 identifies and explains major expenses, summarizes all other
29 expenses incurred by that office during the six-month period
30 with respect to which the report is filed and estimates
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1 future expenses of that office.
2 (2) Before the termination of the independent counsel's
3 office under section 513(b), file a final report with the
4 panel, setting forth fully and completely a description of
5 the work of the independent counsel, including the <--
6 disposition of all cases brought and the reasons for not
7 prosecuting any matter within the prosecutorial jurisdiction
8 of the independent counsel. ALL PROSECUTIONS. ALL OTHER <--
9 INFORMATION SHALL REMAIN UNDER SEAL.
10 (b) Disclosure of information in reports.--The panel may
11 release to the General Assembly, the public or any appropriate
12 person the portions of a report made under this section as the
13 panel considers appropriate. The panel shall make any orders as
14 are appropriate to protect the rights of any individual named in
15 the report and to prevent undue interference with any pending
16 prosecution. The panel may make any portion of a final report
17 filed under subsection (a)(2) available to any individual named
18 in the report for the purposes of receiving within a time limit
19 set by the panel any comments or factual information that the
20 individual may submit. The comments and factual information, in
21 whole or in part, may in the discretion of the panel be included
22 as an appendix to the final report.
23 Section 508. Independence from Office of Attorney General.
24 Each independent counsel appointed under this act and the
25 persons appointed by that independent counsel under section 503
26 are separate from and independent of the Office of Attorney
27 General.
28 Section 509. Standards of conduct applicable to independent
29 counsel, persons serving in office of independent
30 counsel and their law firms.
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1 (a) Restrictions on employment while independent counsel and
2 appointees are serving.--During the period in which an
3 independent counsel is serving under this act, the independent
4 counsel and any person associated with a firm with which the
5 independent counsel is associated may not represent in any
6 matter any person involved in any investigation or prosecution
7 under this act. During the period in which any person appointed
8 by an independent counsel under section 503 is serving in the
9 office of independent counsel, the person may not represent in
10 any matter any person involved in any investigation or
11 prosecution under this act.
12 (b) Post-employment restrictions on independent counsel and
13 appointees.--
14 (1) Each independent counsel and each person appointed
15 by that independent counsel under section 503 may not for
16 three years following the termination of service under this
17 act of that independent counsel or appointed person, as the
18 case may be, represent any person in any matter if that
19 individual was the subject of an investigation or prosecution
20 conducted by that independent counsel under this act.
21 (2) Each independent counsel and each person appointed
22 by that independent counsel under section 503 may not for one
23 year following the termination of service under this act of
24 that independent counsel or appointed person, as the case may
25 be, represent any person in any matter involving any
26 investigation or prosecution under this act.
27 (c) One-year ban on representation by members of firms of
28 independent counsel.--Any person who is associated with a firm
29 with which an independent counsel is associated or becomes
30 associated after termination of service of that independent
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1 counsel under this act may not for one year following the
2 termination represent any person in any matter involving any
3 investigation or prosecution under this act.
4 (d) Definitions.--As used in this section, the following
5 words and phrases shall have the meanings given to them in this
6 subsection:
7 "Associated with a firm." A person who is an officer,
8 director, partner or other member or employee of a law firm.
9 "Firm." A law firm, whether organized as a partnership or
10 corporation.
11 Section 510. Custody of records of independent counsel.
12 (a) Transfer of records.--Upon termination of the office of
13 independent counsel, that independent counsel shall transfer to
14 the Bureau of Archives and History of the Pennsylvania
15 Historical and Museum Commission all records which have been
16 created or received by that office. Before this transfer, the
17 independent counsel shall clearly identify which of these
18 records are subject to the Pennsylvania Rules of Criminal
19 Procedure as grand jury materials.
20 (b) Maintenance, use and disposal of records.--Records
21 transferred to the Bureau of Archives and History under this
22 section shall be maintained, used and disposed of as provided by
23 law.
24 Section 511. Cost controls and administrative support.
25 (a) Cost controls.--An independent counsel shall:
26 (1) Conduct all activities with due regard for expense.
27 (2) Authorize only reasonable and lawful expenditures.
28 (3) Promptly upon taking office assign to a specific
29 employee the duty of certifying that expenditures of the
30 independent counsel are reasonable and made in accordance
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1 with law.
2 (b) Office of Administration policies.--An independent
3 counsel shall comply with the established policies of the Office
4 of Administration of the Governor respecting expenditures of
5 funds, except to the extent that compliance would be
6 inconsistent with the purposes of this act.
7 Section 512. Legislative oversight.
8 (a) Oversight of conduct of independent counsel.--
9 (1) The Judiciary Committee of the Senate and the <--
10 Judiciary Committee of the House of Representatives shall
11 have oversight jurisdiction with respect to the official
12 conduct of any independent counsel appointed under this act,
13 and the independent counsel shall have the duty to cooperate
14 with the exercise of this oversight jurisdiction.
15 (2) (1) An independent counsel appointed under this act
16 shall submit to the General Assembly each quarter a report
17 detailing all moneys expended and submit annually a report on
18 the activities of the independent counsel, including a
19 description of the progress of any investigation or
20 prosecution conducted by the independent counsel. The report
21 may omit any matter that in the judgment of the independent
22 counsel should be kept confidential, but shall provide
23 information adequate to justify the expenditures that the
24 office of the independent counsel has made.
25 (b) Oversight.--Within 30 days after receiving an inquiry <--
26 about a particular case under this act, which is a matter of
27 public knowledge, from the Judiciary Committee of the Senate or
28 the Judiciary Committee of the House of Representatives with
29 jurisdiction over this chapter, the General Counsel shall
30 provide the following information to that committee with respect
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1 to that case:
2 (1) When the information about the case was received.
3 (2) Whether a preliminary investigation is being
4 conducted and, if so, the date it began.
5 (3) Whether an application for the appointment of an
6 independent counsel or a notification that further
7 investigation is not warranted has been filed with the panel,
8 and, if so, the date of the filing.
9 (c) (B) Information relating to impeachment.--An independent <--
10 counsel shall advise the House of Representatives of any
11 substantial and credible information which the independent
12 counsel receives in carrying out the independent counsel's
13 responsibilities under this act that may constitute grounds for
14 an impeachment. Nothing in this act shall prevent the General
15 Assembly or either house thereof from obtaining information in
16 the course of an impeachment proceeding.
17 Section 513. Removal of independent counsel and termination of
18 office.
19 (a) Removal, report on removal and termination.--
20 (1) An independent counsel appointed under this act may
21 be removed from office only by the personal action of the
22 General Counsel and only for good cause, physical disability,
23 mental incapacity or any other condition that substantially
24 impairs the performance of the independent counsel's duties.
25 For purposes of this paragraph, the term "good cause"
26 includes, but is not limited to, violations of canons of
27 ethics governing the independent counsel and district
28 attorneys.
29 (2) If an independent counsel is removed from office,
30 the General Counsel shall promptly submit to the panel, the
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1 Judiciary Committee of the Senate and the Judiciary Committee
2 of the House of Representatives a report specifying the facts
3 found and the ultimate grounds for the removal. The
4 committees shall make available to the public the report,
5 except that each committee may, if necessary to protect the
6 rights of any individual named in the report or to prevent
7 undue interference with any pending prosecution, postpone or
8 refrain from publishing any or all of the report. The panel
9 may release any or all of the report in accordance with
10 section 507(b).
11 (3) An independent counsel removed from office may
12 obtain judicial review of the removal in a civil action
13 commenced in the Court of Common Pleas of Dauphin County. A <--
14 justice of the Supreme Court may not hear or determine the
15 civil action or any appeal of a decision in the civil action
16 COMMONWEALTH COURT. The independent counsel may be reinstated <--
17 or granted other appropriate relief by order of the Court of <--
18 Common Pleas of Dauphin County COMMONWEALTH COURT. <--
19 (b) Termination of office.--
20 (1) An office of independent counsel shall terminate
21 when the independent counsel:
22 (i) notifies the panel that the investigation of all
23 matters within the prosecutorial jurisdiction of the
24 independent counsel or accepted by the independent
25 counsel, and any resulting prosecutions, have been
26 completed; and
27 (ii) files a final report in compliance with section
28 507.
29 (2) The panel shall determine on its own motion whether
30 termination is appropriate under this subsection no later
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1 than two years after the appointment of an independent
2 counsel or the reported expenditures of the independent
3 counsel have reached $2,000,000, whichever occurs first, and
4 at the end of each succeeding one-year period.
5 Section 514. Audits.
6 By December 31 of each year, an independent counsel shall
7 prepare a statement of expenditures for the fiscal year that
8 ended on the immediately preceding June 30. An independent
9 counsel whose office is terminated prior to the end of the
10 fiscal year shall prepare a statement of expenditures within 90
11 days of the date on which the office is terminated. The Auditor
12 General shall audit each statement and report the results of
13 each audit to the appropriate committees of the General Assembly
14 no later than March 31 of the year following the submission of
15 the statement.
16 Section 515. Relationship with Office of Attorney General.
17 Whenever a matter is in the prosecutorial jurisdiction of an
18 independent counsel or has been accepted by an independent
19 counsel under section 505, the Office of Attorney General, the
20 Attorney General, all other officers and employees of the Office
21 of Attorney General and any district attorney shall suspend all
22 investigations and proceedings regarding that matter and shall
23 turn over to the independent counsel all materials, files and
24 other data relating to that matter.
25 Section 516. Venue.
26 The proper venue for all prosecutions conducted by the
27 independent counsel shall be Dauphin County. For the purposes of
28 convenience and fairness, the panel may, however, set the venue
29 in any other county on its own motion or at the request of the
30 independent counsel or on petition of the defendant.
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1 CHAPTER 11
2 MISCELLANEOUS PROVISIONS
3 Section 1101. Expiration.
4 This act shall expire five years after the date of the
5 enactment of this act, except with respect to any matters
6 pending before an independent counsel that in the judgment of
7 the independent counsel require continuation. Matters shall be
8 continued until the independent counsel determines the matters
9 are completed.
10 Section 1102. Effective date.
11 This act shall take effect January 1, 1997.
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