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PRINTER'S NO. 536
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
400
Session of
2017
INTRODUCED BY HAYWOOD, LEACH, COSTA AND HUGHES, MARCH 20, 2017
REFERRED TO JUDICIARY, MARCH 20, 2017
AN ACT
Amending the act of October 15, 1980 (P.L.950, No.164), entitled
"A supplement to the act of April 9, 1929 (P.L.177, No.175),
entitled 'An act providing for and reorganizing the conduct
of the executive and administrative work of the Commonwealth
by the Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined,' implementing the addition
of section 4.1 to Article IV of the Constitution of
Pennsylvania; establishing the Office of Attorney General
elected by the citizens and setting forth powers and duties
of the Attorney General; creating an Office of General
Counsel and providing for legal services for Commonwealth
agencies; transferring, reorganizing or reconstituting
certain boards, commissions and agencies; placing certain
duties upon the courts and district attorneys; repealing
certain acts and parts of acts and making appropriations," in
general provisions, further providing for definitions; and,
in Office of Attorney General, further providing for criminal
prosecutions.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. Section 102 of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, is
amended by adding a definition to read:
Section 102. 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:
* * *
"Special prosecutor." An employee within the Office of
Attorney General who is designated to oversee, investigate and
prosecute incidents relating to peace officers involved in
incidents which may constitute criminal homicide.
Section 2. Section 205 of the act is amended by adding a
subsection to read:
Section 205. Criminal prosecutions.
* * *
(e) Special prosecutor.--
(1) The Attorney General shall have exclusive
jurisdiction to and shall appoint a special prosecutor to
investigate and prosecute the conduct of a peace officer, as
defined by 18 Pa.C.S. ยง 501 (relating to definitions), who,
acting in an official capacity, is involved in an incident in
which an individual has died under circumstances which may
constitute the offense of criminal homicide under 18 Pa.C.S.
Ch. 25 (relating to criminal homicide) as a result of the
peace officer's conduct.
(2) The special prosecutor shall have the sole authority
to investigate the circumstances and to prosecute under this
subsection if the circumstances warrant.
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(3) A special prosecutor must have a minimum of 10
years' experience in either criminal defense or criminal
prosecutions in this Commonwealth.
(4) Notwithstanding any other provision of law, a
special prosecutor appointed under this section shall have,
with respect to all matters in the special prosecutor's
prosecutorial jurisdiction established under this section,
full power and independent authority to exercise all
investigative and prosecutorial functions and powers of the
Office of Attorney General, the Attorney General and any
other officer or employee of the Office of Attorney General.
Investigative and prosecutorial functions and powers shall
include, but are not limited to:
(i) Conducting proceedings before grand juries and
other investigations.
(ii) Bringing charges without a grand jury
indictment.
(iii) Participating in court proceedings and
engaging in litigation, including civil and criminal
matters, that the special prosecutor considers necessary.
(iv) Appealing a decision of a court in a case or
proceeding in which the special prosecutor participates
in an official capacity.
(v) Reviewing all documentary evidence available
from a source.
(vi) Determining whether to contest the assertion of
a testimonial privilege.
(vii) Receiving appropriate security clearances and,
if necessary, contesting in court, including, where
appropriate, participating in an in camera proceeding, a
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claim of privileges or attempt to withhold evidence on
grounds of security.
(viii) Making applications to a State court for a
grant of immunity to a witness, consistent with
applicable statutory requirements, or for warrants,
subpoenas or other court orders and exercising the
authority vested in the Attorney General or a district
attorney.
(ix) Inspecting, obtaining or using the original or
a copy of a tax return in accordance with applicable
statutes and regulations.
(x) Initiating and conducting prosecutions in a
court of competent jurisdiction, framing and signing
indictments, filing information and handling all aspects
of a case in the name of the Commonwealth.
(xi) Consulting with the district attorney for the
county in which a violation of law, with respect to which
the special prosecutor is appointed, has allegedly
occurred.
(5) The special prosecutor shall submit a report to the
Attorney General detailing what, if any, charges were brought
or the rationale for why no charges were brought.
Notwithstanding any other provisions of law, the report filed
under this section shall be made available to the public.
Section 3. This act shall take effect in 90 days.
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