PRINTER'S NO. 1645
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1133
Session of
2018
INTRODUCED BY GREENLEAF, MENSCH AND BROWNE, APRIL 13, 2018
REFERRED TO JUDICIARY, APRIL 13, 2018
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juries and jurors,
further providing for powers of investigating grand jury, for
investigating grand jury proceedings and for investigating
grand jury reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4548(b), 4549(b) and (d) and 4552(e) of
Title 42 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 4548. Powers of investigating grand jury.
* * *
(b) Presentments.--The investigating grand jury shall have
the power to issue a presentment with regard to any person who
appears to have committed within the county or counties in which
such investigating grand jury is summoned an offense against the
criminal laws of the Commonwealth. The presentment shall
concisely address the elements of the charge recommended but may
not include an assessment about the credibility of a defendant
or witness.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
* * *
§ 4549. Investigating grand jury proceedings.
* * *
(b) Disclosure of proceedings by participants other than
witnesses.--Disclosure of matters occurring before the grand
jury other than its deliberations and the vote of any juror may
be made to the attorneys for the Commonwealth for use in the
performance of their duties. The attorneys for the Commonwealth
may with the approval of the supervising judge disclose matters
occurring before the investigating grand jury including
transcripts of testimony to local, State, other state or Federal
law enforcement or investigating agencies to assist them in
investigating crimes under their investigative jurisdiction.
Otherwise a juror, attorney for the Commonwealth, interpreter,
stenographer, operator of a recording device, or any typist who
transcribes recorded testimony may disclose matters occurring
before the grand jury only when so directed by the court. All
such persons shall be sworn to secrecy, and shall be in contempt
of court if they reveal any information which they are sworn to
keep secret. The following shall apply:
(1) An obligation of secrecy may not be imposed on a
person except in accordance with this subsection.
(2) A document, record, recording or other tangible
material obtained by subpoena may not become grand jury
matters subject to secrecy solely because the document,
record, recording or other tangible material is presented to
a witness or the grand jury.
(3) A person not granted immunity from prosecution who
is held in contempt for refusing to answer a question on the
basis of self-incrimination shall be entitled to a stay of
20180SB1133PN1645 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the contempt determination and an immediate right of appeal.
(4) The court shall provide reasonable notice to the
attorney for the Commonwealth, the defendant and each witness
or other person affected by a disclosure of grand jury matter
before approving the disclosure.
* * *
[(d) Disclosure of proceedings by witnesses.--No witness
shall be prohibited from disclosing his testimony before the
investigating grand jury except for cause shown in a hearing
before the supervising judge. In no event may a witness be
prevented from disclosing his testimony to his attorney.]
§ 4552. Investigating grand jury reports.
* * *
(e) [Authorization of response by nonindicted subject.--If
the supervising judge finds that the report is critical of an
individual not indicted for a criminal offense the supervising
judge may in his sole discretion allow the named individual to
submit a response to the allegations contained in the report.
The supervising judge may then in his discretion allow the
response to be attached to the report as part of the report
before the report is made part of the public record pursuant to
subsection (b).] Nonindicted subject.--The report shall be
limited to the target of the investigation and shall contain no
allegation or assessment of a subject not under investigation.
Section 2. This act shall take effect in 60 days.
20180SB1133PN1645 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25