PRINTER'S NO. 305
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
309
Session of
2015
INTRODUCED BY THOMAS, FEBRUARY 2, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2015
AN ACT
Providing for an independent prosecutor to investigate peace
officers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Independent
Prosecutor Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Independent 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 or drug
trafficking.
Section 3. Criminal prosecution.
(a) Jurisdiction of Attorney General.--The Attorney General
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shall have exclusive jurisdiction to and shall appoint an
independent prosecutor to investigate and prosecute the conduct
of a peace officer, as defined by 18 Pa.C.S. § 501 (relating to
definitions), who, acting in his or her 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)
or an incident of drug trafficking punishable under 18 Pa.C.S. §
7508 (relating to drug trafficking sentencing and penalties) as
a result of the peace officer's conduct.
(b) Independent prosecutor.--The independent prosecutor
shall have the sole authority to investigate the circumstances
and to prosecute under this subsection if the circumstances
warrant.
(c) Qualifications of an independent prosecutor.--An
independent prosecutor must have a minimum of three years'
experience in either criminal defense or criminal prosecutions
in this Commonwealth.
(d) Powers of the independent prosecutor.--Notwithstanding
any other provision of law, an independent prosecutor appointed
under this section shall have, with respect to all matters in
the independent 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:
(1) Conducting proceedings before grand juries and other
investigations.
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(2) Bringing charges without a grand jury indictment.
(3) Participating in court proceedings and engaging in
any litigation, including civil and criminal matters, that
the independent prosecutor considers necessary.
(4) Appealing any decision of a court in any case or
proceeding in which the independent prosecutor participates
in an official capacity.
(5) Reviewing all documentary evidence available from
any source.
(6) Determining whether to contest the assertion of any
testimonial privilege.
(7) Receiving appropriate security clearances and, if
necessary, contesting in court, including, where appropriate,
participating in an in-camera proceeding, any claim of
privileges or attempt to withhold evidence on grounds of
security.
(8) Making applications to any 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.
(9) Inspecting, obtaining or using the original or a
copy of any tax return in accordance with applicable statutes
and regulations.
(10) Initiating and conducting prosecutions in any court
of competent jurisdiction, framing and signing indictments,
filing information and handling all aspects of any case in
the name of the Commonwealth.
(11) Consulting with the district attorney for the
county in which a violation of law, with respect to which the
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independent prosecutor is appointed, has allegedly occurred.
(e) Report to the Attorney General.--The independent
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 other
provisions of law, the report filed under this section shall be
made available to the public.
Section 4. Effective date.
This act shall take effect in 90 days.
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