PRINTER'S NO. 2886
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2197
Session of
2024
INTRODUCED BY JOZWIAK, JAMES, ROWE, ZIMMERMAN, GILLEN, KAUFFMAN
AND SMITH, APRIL 9, 2024
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 9, 2024
AN ACT
Repealing the act of October 4, 1978 (P.L.876, No.169), entitled
"An act establishing the Pennsylvania Crime Commission and
providing for its powers and duties."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of October 4, 1978 (P.L.876, No.169),
referred to as the Pennsylvania Crime Commission Act, is
repealed:
[AN ACT
Establishing the Pennsylvania Crime Commission and providing for
its powers and duties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 3. Creation of commission; membership; compensation;
vacancies; removal.
(a) The Pennsylvania Crime Commission shall consist of six
members to be known as commissioners.
(b) One member of the commission shall be appointed by the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Governor, one by the President pro tempore of the Senate, one by
the Speaker of the House of Representatives, one by the Minority
Leader of the Senate and one by the Minority Leader of the House
of Representatives. The chairperson of the commission shall be
the Commissioner of the Pennsylvania State Police.
(c) Of the original members, the member appointed by the
Governor shall serve for an initial term of one year, the two
members appointed by the Speaker of the House of Representatives
and the Minority Leader of the House of Representatives
respectively shall serve for an initial term of two years and
the two members appointed by the President pro tempore of the
Senate and the Minority Leader of the Senate respectively shall
serve for an initial term of three years. Thereafter each
appointment provided for by this act shall be for a term of
three years and such appointments shall be made in the same
manner as the original appointments. Not more than three
commissioners shall be members of the same political party.
(d) Commissioners shall receive $50 a day compensation for
their services. Expenses incurred by the executive director or
other employees shall be allowed and paid on the presentation of
itemized vouchers therefor and approved by the commission. This
subsection shall not apply to the chairperson of the commission.
(e) All vacancies shall be filled, for the remainder of the
unexpired term in the same manner as original appointments. Any
commissioner, upon the expiration of his term, shall continue to
hold office until his successor has been duly appointed and
qualified according to law, but in no event longer than six
months after the expiration of the commissioner's appointed
term.
(f) Except as authorized pursuant to this subsection, no
20240HB2197PN2886 - 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
commissioner may be removed from office during his term. The
Governor may, upon a clear and convincing evidence of
misfeasance or malfeasance in office or neglect of duty, remove
a commissioner prior to the expiration of his term. The Governor
shall provide the commissioner so removed with a detailed
written statement of the reasons for his removal. A commissioner
so removed may petition the Court for reinstatement. The court
shall hold an expedited hearing and render a decision within 30
days after said hearing or as soon thereafter as may be
practicable. Any decision of the Court adverse to a commissioner
so removed shall create a vacancy which shall be filled pursuant
to subsection (e). This subsection shall not apply to the
chairperson of the commission.
(g) This section shall expire June 30, 1994.
Section 4. Powers and duties.
(a) The Pennsylvania Crime Commission shall have the power
and its duty shall be:
(1) To inquire into organized crime and activities of
persons engaged in or associated with organized crime.
(2) To inquire into public corruption and the activities
of persons engaged in and associated with public corruption.
(3) To make a detailed written report of every completed
investigation which may include recommendation for
legislative or administrative action.
(4) To account to the Governor, the Auditor General and
the General Assembly at the end of each fiscal year for all
moneys received and disbursed.
(6) Through its chairman, to call upon the department
heads of State Government and State agencies for such
information and assistance as is needed to carry out the
20240HB2197PN2886 - 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
26
27
28
29
30
functions of the commission.
(7) To require the attendance and testimony of witnesses
and the production of documentary evidence relative to any
investigation which the commission may conduct in accordance
with the powers given it. Such subpoenas shall be signed by
the chairman, the executive director and two commissioners
and shall be served by any person authorized to serve
subpoenas under the laws of the Commonwealth.
(8) To appoint and fix the compensation of an executive
director who shall devote his full time to the general
supervision of all investigations and proceedings by the
commission.
(9) To appoint and fix the compensation of such other
employees as the commission may from time to time find
necessary for the proper performance of the functions of the
commission. Investigative employees of the commission shall
be deemed law enforcement officers.
(10.1) To promulgate and publish rules and regulations,
including those regulations controlling or defining the:
(i) Calling of meetings.
(ii) Investigative responsibilities of commission
members.
(iii) Written procedures to be utilized by the
commission's investigative management staff in planning
and supervising investigations and inquiries.
(iv) Dissemination of materials, including
dissemination to the Governor and members or committees
of the General Assembly.
(v) Appropriate use of commission property,
including all vehicles.
20240HB2197PN2886 - 4 -
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
(vi) Maintenance of confidentiality of information.
(vii) All other procedures and acts as are necessary
for the proper functioning of the commission.
(11) To perform such other acts as are necessary for the
proper functioning of the commission.
(b) This section shall expire June 30, 1994.
Section 9. Privileged statements and reports.
(a) Any statement or disclosure of information made by a
commissioner or an employee of the commission during the course
of any hearing before the General Assembly shall be absolutely
privileged and such privilege shall be an absolute defense to
any action for invasion of privacy, defamation or other civil or
criminal action.
(b) This section shall expire June 30, 1994.
Section 6. (a) The Pennsylvania Crime Commission is hereby
reestablished in compliance with the act of December 22, 1981
(P.L.508, No.142), known as the Sunset Act.
(b) Each rule and regulation of the commission in effect on
the effective date of this act shall remain in effect after such
date until amended by the commission, provided that the
commission shall immediately initiate the repeal or amendment of
any rule or regulation which is inconsistent with the provisions
of this act.
Section 9. The Pennsylvania Crime Commission shall not begin
any new investigation. It shall also prepare to transfer all
ongoing investigations to the Pennsylvania State Police and
Federal law enforcement officials by June 30, 1994.
The Commissioner of the Pennsylvania State Police, or a
designee, shall review the records of the Pennsylvania Crime
Commission and determine which records should remain with the
20240HB2197PN2886 - 5 -
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
Pennsylvania State Police and which should be transferred to
Federal law enforcement authorities.
Section 10. The Commissioner of the Pennsylvania State
Police shall determine which employees of the Pennsylvania Crime
Commission shall be transferred to the Bureau of Criminal
Investigation of the Pennsylvania State Police by June 30, 1994.
Section 11. By November 30, 1994, the Commissioner of the
Pennsylvania State Police shall make a report to the General
Assembly on the disposition of employees, property, cases and
records of the Pennsylvania Crime Commission.]
Section 2. This act shall take effect in 60 days.
20240HB2197PN2886 - 6 -
1
2
3
4
5
6
7
8
9
10
11