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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, COSTA, RAFFERTY, ARGALL, WAUGH, ORIE, TARTAGLIONE, ERICKSON, BOSCOLA, BAKER, O'PAKE, MUSTO, FARNESE, STACK, EARLL, DINNIMAN AND WASHINGTON, MARCH 15, 2010 |
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| REFERRED TO JUDICIARY, MARCH 15, 2010 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in Judicial Conduct |
3 | Board, providing for review of complaints, for criminal |
4 | investigations and for target letters. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 42 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding sections to read: |
9 | § 2107. Review of complaints. |
10 | (a) Review and determination.--The Judicial Conduct Board |
11 | shall review every complaint filed against a judicial officer |
12 | that addresses potential ethical violations and shall make a |
13 | determination whether further action should be taken on the |
14 | complaint. |
15 | (b) Chief counsel.--A complaint shall not be dismissed |
16 | solely upon the review of and a decision by the chief counsel of |
17 | the board. |
18 | § 2108. Criminal investigations. |
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1 | (a) Deferral prohibited.--The Judicial Conduct Board shall |
2 | not defer the active investigation of a complaint against a |
3 | judicial officer that addresses potential ethical violations |
4 | because of a pending grand jury investigation or other law |
5 | enforcement investigation arising from the same conduct. |
6 | (b) Notification of prosecutor.--If the board is aware that |
7 | there is a pending criminal investigation, the board shall |
8 | notify the appropriate prosecuting attorney that the board is |
9 | investigating the conduct as well. |
10 | § 2109. Target letters. |
11 | (a) Duty of judicial officer.--A judicial officer who |
12 | receives a letter from a prosecuting attorney indicating that |
13 | the judicial officer is the subject of a grand jury |
14 | investigation or other law enforcement investigation shall |
15 | within ten days notify the Judicial Conduct Board in writing |
16 | that the letter was received and shall attach a copy of the |
17 | letter to the notification. |
18 | (b) Duty of board.--Upon receipt of notification under |
19 | subsection (a), the board shall initiate an investigation of |
20 | potential ethical violations arising from the same conduct as |
21 | the criminal investigation. |
22 | Section 2. This act shall take effect in 60 days. |
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