Regular Session 2021-2022 House Bill 0934 P.N. 0931

PRINTER'S NO. 931

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

934

Session of

2021

INTRODUCED BY JOZWIAK, ZIMMERMAN, BROOKS, RYAN, MILLARD, JAMES,

SMITH, RIGBY, KEEFER, WHEELAND AND GILLEN, MARCH 16, 2021

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 16, 2021

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repealed: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

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.

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

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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

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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.

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(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

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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.

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