a function conferred on the panel under this chapter involving
an independent counsel shall be eligible to participate in any
judicial proceeding concerning a matter which involves the
independent counsel and which involves the exercise of the
independent counsel's official duties, regardless of whether the
independent counsel is still serving in that office.
§ 9312. Preliminary investigation.
(a) Preliminary investigation with respect to certain
covered persons.--The General Counsel shall appoint a special
investigative counsel to conduct a preliminary investigation in
accordance with this chapter whenever the General Counsel
receives information sufficient to constitute grounds to
investigate whether any person described in subsection (c) may
have committed any of the following:
(1) An offense which is classified higher than a
misdemeanor of the second degree.
(2) An offense which is classified higher than a summary
offense and which involves a breach of the public trust. This
paragraph includes a violation of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
or the act of October 4, 1978 (P.L.883, No.170), referred to
as the Public Official and Employee Ethics Law.
(b) Preliminary investigation with respect to persons not
listed in subsection (c).--The Attorney General shall request
the General Counsel to appoint a special investigative counsel
to conduct a preliminary investigation under the jurisdiction
established or conferred under section 205(b) of the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, and where the Attorney General determines that an
investigation or prosecution of the person, with respect to the
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