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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9158.4 - Judicial review

§ 9158.4. Judicial review.
(a) Petition for review.--
Subject to subsection (d), a requesting party may file a petition for review appealing a denial under section 9158.3(a)(2) (relating to denial), which shall include the following:
(1) The request for dissemination.
(2) Proof of service of the request for dissemination.
(3) The denial.
(4) Other information necessary to determine whether the criminal history investigative information should be disseminated under this subchapter.
(b) Time for petition.--
A petition for review shall be filed within 45 days of service of a denial of a request for dissemination of information.
(c) Location of filing.--
A petition for review shall be filed before the court of common pleas in any judicial district in which the criminal justice agency that issued the denial is located. For a criminal justice agency with Statewide jurisdiction, the petition for review shall be filed in Commonwealth Court.
(d) Judicial review.--
A denial under section 9158.3(a)(1) shall not be subject to judicial review.
(e) Relief.--
In a proceeding under this section, a court may award declaratory and injunctive relief only. The court shall direct a criminal justice agency to produce the requested information if the requesting party proves entitlement to access under this subchapter by a preponderance of the evidence.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9158.5 - Protection of information

§ 9158.5. Protection of information.
(a) General rule.--
Nothing under this subchapter shall be construed to permit the dissemination of otherwise nondiscoverable or privileged information, including:
(1) Grand jury investigative materials.
(2) Medical, mental health or treatment information.
(3) Materials protected by an applicable attorney-client or work product privilege.
(4) Materials protected by 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
(5) Materials subject to 42 Pa.C.S. Ch. 67A (relating to recordings by law enforcement officers).
(6) Information that is otherwise prohibited or protected from disclosure or dissemination by Federal or State law.
(b) Exemption.--
The following personal identification information with respect to an individual other than the requesting party shall be exempt from dissemination:
(1) A person's Social Security number.
(2) A person's driver's license number.
(3) Personal finance information.
(4) A person's home, cellular or personal telephone numbers.
(5) A person's e-mail address, employee number or other confidential personal identification number.
(c) Protection.--
A criminal justice agency shall be subject to protection under 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) and 42 Pa.C.S. §§ 8541 (relating to governmental immunity generally) and 8545 (relating to official liability generally) for dissemination of criminal history investigative information under this subchapter.
(d) Use of information.--
Information obtained under this subchapter shall be used only in connection with an actual or potential civil action directly relating to that criminal history investigative information.
(e) Violation.--
Use of information obtained under this subchapter to harass, intimidate or threaten another shall constitute a misdemeanor of the second degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9158.6 - Current dissemination not limited

§ 9158.6. Current dissemination not limited.
Nothing in this chapter shall:
(1) Prohibit a police department from furnishing, upon request, a certified copy of a full report of a police investigation to an insurance company for the purpose of processing a claim for coverage under an applicable policy.
(2) Prohibit notifications authorized by the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9158.7 - Rules and regulations

§ 9158.7. Rules and regulations.
(a) Attorney General.--
The Attorney General, in cooperation with appropriate criminal justice agencies, shall promulgate rules and regulations as necessary to implement this subchapter and establish reasonable fees.
(b) Supreme Court.--
The Supreme Court shall promulgate rules as necessary to implement this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9161 - Duties of the Attorney General

§ 9161. Duties of the Attorney General.
The Attorney General shall have the power and authority to:
(1) Establish rules and regulations for criminal history record information with respect to security, completeness, accuracy, individual access and review, quality control and audits of repositories.
(2) Establish the maximum fees which may be charged for the costs of reproducing criminal history record information for individual access and review for research or statistical purposes and for access by noncriminal justice agencies and individuals.
(3) Make investigations concerning all matters touching the administration and enforcement of this chapter and the rules and regulations promulgated thereunder.
(4) Institute civil proceedings for violations of this chapter and the rules and regulations adopted thereunder.
(5) Conduct annual audits of the central repository and of a representative sample of all repositories within the Commonwealth, collecting, compiling, maintaining and disseminating criminal history record information.
(6) Appoint such employees and agents as it may deem necessary.
(June 11, 1982, P.L.476, No.138, eff. 180 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9171 - Requirements of repositories relating to public notice

§ 9171. Requirements of repositories relating to public notice.
Repositories maintaining criminal history record information shall inform the public and post in a public place, notice of the existence, purpose, use and accessibility of the criminal history record information they maintain and the requirements of the repository for identification on individual access and review.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9181 - General administrative sanctions

§ 9181. General administrative sanctions.
Any person, including any agency or organization, who violates the provisions of this chapter or any regulations or rules promulgated under it may:
(1) Be denied access to specified criminal history record information for such period of time as the Attorney General deems appropriate.
(2) Be subject to civil penalties or other remedies as provided for in this chapter.
(3) In the case of an employee of any agency who violates any provision of this chapter, be administratively disciplined by discharge, suspension, reduction in grade, transfer or other formal disciplinary action as the agency deems appropriate.
(June 11, 1982, P.L.476, No.138, eff. 180 days)
Cross References.
Section 9181 is referred to in section 9106 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9182 - Criminal penalties (Deleted by amendment)

§ 9182. Criminal penalties (Deleted by amendment).
1979 Amendment.
Section 9182 was deleted by amendment December 14, 1979 (P.L.556, No.127), effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9183 - Civil actions

§ 9183. Civil actions.
(a) Injunctions.--
The Attorney General or any other individual or agency may institute an action in a court of proper jurisdiction against any person, agency or organization to enjoin any criminal justice agency, noncriminal justice agency, organization or individual violating the provisions of this chapter or to compel such agency, organization or person to comply with the provisions of this chapter.
(b) Action for damages.--
(1) Any person aggrieved by a violation of the provisions of this chapter or of the rules and regulations promulgated under this chapter, shall have the substantive right to bring an action for damages by reason of such violation in a court of competent jurisdiction.
(2) A person found by the court to have been aggrieved by a violation of this chapter or the rules or regulations promulgated under this chapter, shall be entitled to actual and real damages of not less than $100 for each violation and to reasonable costs of litigation and attorney's fees. Exemplary and punitive damages of not less than $1,000 nor more than $10,000 shall be imposed for any violation of this chapter, or the rules or regulations adopted under this chapter, found to be willful.
Cross References.
Section 9183 is referred to in section 9106 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 92 - Conflicts of Interest › Section 9201 - Procedures

§ 9201. Procedures.
If a district attorney requests that the Attorney General exercise the power to prosecute in a county criminal court or juvenile delinquency court under section 205(a)(3) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the Attorney General declines to accept or act on the request, the following shall apply:
(1) The district attorney may refer the matter to a district attorney of a contiguous county who has sufficient resources and has no conflict of interest in representing the Commonwealth.
(2) If the district attorneys of the contiguous counties decline to accept the referral for any reason, the referring district attorney may refer the matter to a district attorney of a noncontiguous county.
(3) A district attorney who has accepted a case under paragraph (1) or (2) and a deputy or assistant district attorney on the district attorney's staff shall have the same authority to investigate and prosecute as the district attorney who referred the matter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 93 - Independent Counsel (Repealed) › Section 9301 - 9302 - (Repealed)

2016 Repeal.
Chapter 93 (Subchapters A - D) was added February 18, 1998, P.L.102, No.19 and repealed November 3, 2016, P.L.1016, No.131, effective in 60 days. The subject matter is now contained in Chapter 95 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 94 - Crime Victims › Section 9401 - Definitions

§ 9401. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Crime Victims Act."
The act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.
"Office of Victim Advocate."
The Office of Victim Advocate established under section 302 of the act of November 24, 1998 (P.L.882, No.111), known as the Crimes Victims Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 94 - Crime Victims › Section 9402 - Office of Victim Advocate

§ 9402. Office of Victim Advocate.
The Office of Victim Advocate has the power and duty to represent and advocate for the interests of individual crime victims in accordance with section 302 of the Crime Victims Act, and advocate for the interests of crime victims generally, including the victims of crimes committed by juveniles.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9502 - Definitions

§ 9502. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Grounds to investigate."
Information which would lead a reasonable person to suspect that a crime is being or has been committed.
"Independent counsel."
A person appointed by the panel upon the request of a special investigative counsel.
"Panel."
The Special Independent Prosecutor's Panel established under this chapter.
"Requesting judge."
A president judge of a court of common pleas, or a judge of an intermediate court sitting in the court's original jurisdiction, who applies for the appointment of a special investigative counsel to investigate a contempt of court.
"Special investigative counsel."
A person appointed by the panel to conduct a preliminary investigation under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9511 - Organization of panel

§ 9511. Organization of panel.
(a) Composition and selection.--
The Special Independent Prosecutor's Panel shall be composed of one judge of the Superior Court and two judges, which may include senior judges, of the courts of common pleas of the Commonwealth. The members of the panel shall be chosen by lot. The procedure shall be determined and supervised by the Court Administrator of Pennsylvania in the Administrative Office of Pennsylvania Courts. The Administrative Office of Pennsylvania Courts shall disclose to the public the membership of the panel and publish the membership on its publicly accessible Internet website and in the Pennsylvania Bulletin.
(b) Term of members.--
Each member of the panel shall hold office for a term of three years. Judges who are members of the panel and are required to retire under section 16 of Article V of the Constitution of Pennsylvania shall also vacate their positions on the panel unless assigned under Pa.R.J.A. No. 701 (relating to assignment of judges to courts), No. 702 (relating to divisional assignments of judges), No. 703 (relating to reports of judges), No. 704 (relating to judicial leave), No. 705 (relating to seniority of judges) or No. 706 (relating to determination or selection of Chief Justice and president and administrative judges). A judge who is otherwise removed or suspended from office shall automatically forfeit the position held by that judge on the panel.
(c) Vacancies.--
Any vacancy on the panel shall be filled only for the remainder of the three-year period in which the vacancy occurs and in the same manner as initial assignments to the panel were made.
(d) Decisions by majority vote.--
All decisions of the panel shall be by majority vote of the members.
(e) Clerk.--
The Prothonotary of the Superior Court shall serve as the clerk of the panel and shall provide services as are needed by the panel.
(f) Restriction.--
A member of the panel who participated in a function conferred on the panel under this chapter involving an independent counsel shall not be eligible to participate in any judicial or disciplinary proceeding concerning a matter which involves the independent counsel and which involves the exercise of the independent counsel's official duties, notwithstanding whether the independent counsel is still serving in that office.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9513 - Conduct of preliminary investigation

§ 9513. Conduct of preliminary investigation.
(a) In general.--
A preliminary investigation conducted under this chapter shall be of matters as the special investigative counsel considers appropriate in order to make a determination under section 9514 (relating to determination that further investigation not warranted) or 9515 (relating to determination that further investigation is warranted) of whether further investigation is warranted with respect to each potential violation or allegation of a violation of criminal law. The special investigative counsel shall make the determination no later than 90 days after the preliminary investigation is commenced. The special investigative counsel shall promptly notify the panel of the date of the commencement of the preliminary investigation.
(b) Limited authority of special investigative counsel.--
(1) In conducting preliminary investigations under this chapter, the special investigative counsel shall have no authority to convene grand juries, plea bargain, grant immunity or issue subpoenas.
(2) The special investigative counsel shall not base a determination under this chapter that information with respect to a violation of criminal law by a person is not specific and from a credible source upon a determination that the person lacked the state of mind required for the violation of criminal law. The special investigative counsel shall not base a determination under this chapter that there are no reasonable grounds to believe that further investigation is warranted upon a determination that the person lacked the state of mind required for the violation of criminal law involved unless there is clear and convincing evidence that the person lacked the required state of mind.
(c) Extension of time for preliminary investigation.--
The special investigative counsel may apply to the panel for a single extension, for a period of no more than 60 days, of the 90-day period referred to in subsection (a). The panel may, upon a showing of good cause, grant the extension.
Cross References.
Section 9513 is referred to in section 9515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9514 - Determination that further investigation not warranted

§ 9514. Determination that further investigation not warranted.
(a) Notification of panel.--
If the special investigative counsel, upon completion of a preliminary investigation under this chapter, determines that there are no reasonable grounds to believe that further investigation is warranted, the special investigative counsel shall promptly so notify the panel.
(b) Form of notification.--
The notification shall contain a summary of the information received, a summary of the results of the preliminary investigation and all materials collected as part of the preliminary investigation. The summaries shall be confidential and not subject to public disclosure. The summaries shall be considered an exception for the purposes of section 708(b)(16) of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
Cross References.
Section 9514 is referred to in sections 9513, 9515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9515 - Determination that further investigation is warranted

§ 9515. Determination that further investigation is warranted.
(a) Application for appointment of independent counsel.--
The special investigative counsel shall apply to the panel for the appointment of an independent counsel if the special investigative counsel, upon completion of a preliminary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted.
(a.1) Review by panel.--
The panel shall review and consider appointing independent counsel if the 90-day period referred to in section 9513(a) (relating to conduct of preliminary investigation) and any extension granted under section 9513(c) have elapsed and the special investigative counsel has not filed a notification with the panel under section 9514(a) (relating to determination that further investigation not warranted).
(b) Receipt of additional information.--
If, after submitting a notification under section 9514(a), the special investigative counsel receives additional information sufficient to constitute grounds to investigate the matters to which the notification related, the special investigative counsel shall:
(1) Conduct an additional preliminary investigation as the special investigative counsel considers appropriate for a period of no more than 90 days after the date on which the additional information is received.
(2) Otherwise comply with the provisions of this subchapter with respect to the additional preliminary investigation to the same extent as any other preliminary investigation under this chapter.
Cross References.
Section 9515 is referred to in section 9513 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9516 - Contents of application

§ 9516. Contents of application.
Any application for the appointment of an independent counsel under this chapter shall contain sufficient information to assist the panel in selecting an independent counsel and in defining that independent counsel's prosecutorial jurisdiction so that the independent counsel has adequate authority to fully investigate and prosecute the subject matter and all matters related to that subject matter.
Cross References.
Section 9516 is referred to in section 9518 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9518 - Disclosure of information

§ 9518. Disclosure of information.
Except as otherwise provided in this chapter, no officer or employee of the office of special investigative counsel or the office of independent counsel may, without leave of the panel, disclose to any individual outside the office of special investigative counsel or office of independent counsel any notification, application or any other document, material or memorandum supplied to the panel under this chapter, including an application submitted under section 9516 (relating to contents of application) or the identity of a special investigative counsel or independent counsel. Nothing in this chapter shall be construed as authorizing the withholding of information from the General Assembly unless the panel determines that disclosure of the information would not be in the best interest of justice.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9531 - Authorities

§ 9531. Authorities.
Notwithstanding any other provision of law, an independent counsel appointed under this chapter shall have, with respect to all matters in the independent counsel's prosecutorial jurisdiction established under this chapter, 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.
(2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that the independent counsel considers necessary.
(3) Appealing any decision of a court in any case or proceeding in which the independent counsel participates in an official capacity.
(4) Reviewing all documentary evidence available from any source.
(5) Determining whether to contest the assertion of any testimonial privilege.
(6) Receiving appropriate security clearances and, if necessary, contesting in court, including, where appropriate, participating in an in camera proceeding, any claim of privilege or attempt to withhold evidence on grounds of security.
(7) Making applications to any State court for a grant of immunity to any 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.
(8) Inspecting, obtaining or using the original or a copy of any tax return in accordance with applicable statutes and regulations.
(9) 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.
(10) Consulting with the district attorney for the county in which any violation of law with respect to which the independent counsel is appointed was alleged to have occurred.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9532 - Compensation and travel expenses

§ 9532. Compensation and travel expenses.
An independent counsel appointed under this chapter shall receive compensation at the per diem rate equal to the annual rate of basic pay payable to the Attorney General. An independent counsel and persons appointed under section 9533 (relating to additional personnel) shall be entitled to the payment of travel expenses.
Cross References.
Section 9532 is referred to in section 9543 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9533 - Additional personnel

§ 9533. Additional personnel.
For the purposes of carrying out the duties of the office of independent counsel, the independent counsel may appoint, fix the compensation and assign the duties of the employees the independent counsel considers necessary, including, but not limited to, investigators, attorneys and necessary experts to assist with the criminal investigation. The positions of these employees are exempted from the competitive service. Employees shall be compensated at levels not to exceed those payable for comparable positions in the Office of Attorney General.
Cross References.
Section 9533 is referred to in sections 9532, 9538, 9539, 9543 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9534 - Assistance of Pennsylvania State Police

§ 9534. Assistance of Pennsylvania State Police.
An independent counsel may request assistance from the Pennsylvania State Police in carrying out the functions of the independent counsel, and the Pennsylvania State Police shall provide that assistance, which may include the use of the resources and personnel necessary to perform the independent counsel's duties.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9535 - Referral of other matters to independent counsel

§ 9535. Referral of other matters to independent counsel.
An independent counsel may petition the panel to refer to the independent counsel matters related to the independent counsel's prosecutorial jurisdiction, and the panel may refer these matters.
Cross References.
Section 9535 is referred to in section 9545 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9537 - Reports by independent counsel

§ 9537. Reports by independent counsel.
(a) Required reports.--
An independent counsel shall:
(1) File with the panel, with respect to the six-month period beginning on the date of appointment and with respect to each six-month period thereafter until the office of that independent counsel terminates, a report which identifies and details all actual expenses, summarizes all other expenses incurred by that office during the six-month period with respect to which the report is filed and estimates future expenses of that office.
(2) Before the termination of the independent counsel's office under section 9543(b) (relating to removal of independent counsel and termination of office), file a final report with the panel, setting forth fully and completely a description of all prosecutions. All other information shall be confidential and not subject to public disclosure.
(a.1) Subject to requirements.--
Individuals serving as an independent counsel and persons employed by or serving an independent counsel shall be subject to the requirements of the following acts:
(1) The act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act.
(2) The provisions of 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).
(b) Disclosure of information in reports.--
The panel may release to the General Assembly, the Governor, the State Treasurer, the public or any appropriate person the portions of a report made under this section as the panel considers appropriate. The panel shall make any orders as are appropriate to protect the rights of any individual named in the report and to prevent undue interference with any pending prosecution. The panel may make any portion of a final report filed under subsection (a)(2) available to any individual named in the report for the purposes of receiving within a time limit set by the panel any comments or factual information that the individual may submit. The comments and factual information, in whole or in part, may in the discretion of the panel be included as an appendix to the final report.
Cross References.
Section 9537 is referred to in sections 9542, 9543 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9538 - Independence from Office of Attorney General

§ 9538. Independence from Office of Attorney General.
Each independent counsel appointed under this chapter and the persons appointed by that independent counsel under section 9533 (relating to additional personnel) are separate from and independent of the Office of Attorney General.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9539 - Standards of conduct

§ 9539. Standards of conduct.
(a) Restrictions on employment while independent counsel and appointees are serving.--
During the period in which an independent counsel is serving under this chapter, the independent counsel and any person associated with a firm with which the independent counsel is associated may not represent in any matter any person involved in any investigation or prosecution under this chapter. During the period in which any person appointed by an independent counsel under section 9533 (relating to additional personnel) is serving in the office of independent counsel, the person may not represent in any matter any person involved in any investigation or prosecution under this chapter.
(b) Postemployment restrictions on independent counsel and appointees.--
(1) Each independent counsel and each person appointed by that independent counsel under section 9533 may not for three years following the termination of service under this chapter of that independent counsel or appointed person, as the case may be, represent any person in any matter if that individual was the subject of an investigation or prosecution conducted by that independent counsel under this chapter.
(2) Each independent counsel and each person appointed by that independent counsel under section 9533 may not for one year following the termination of service under this chapter of that independent counsel or appointed person, as the case may be, represent any person in any matter involving any investigation or prosecution under this chapter.
(c) One-year ban on representation by members of firms of independent counsel.--
Any person who is associated with a firm with which an independent counsel is associated or becomes associated after termination of service of that independent counsel under this chapter may not for one year following the termination represent any person in any matter involving any investigation or prosecution under this chapter.
(d) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Associated with a firm."
A person who is an officer, director, partner or other member or employee of a law firm.
"Firm."
A law firm, whether organized as a partnership or corporation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9540 - Custody of records of independent counsel

§ 9540. Custody of records of independent counsel.
(a) Transfer of records.--
Upon termination of the office of independent counsel, that independent counsel shall transfer to the Bureau of the Pennsylvania State Archives of the Pennsylvania Historical and Museum Commission all records which have been created or received by that office. Before this transfer, the independent counsel shall clearly identify which of these records are subject to the Pennsylvania Rules of Criminal Procedure as grand jury materials.
(b) Maintenance, use and disposal of records.--
Records transferred to the Bureau of the Pennsylvania State Archives under this section shall be maintained, used and disposed of as provided by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9541 - Cost controls and administrative support

§ 9541. Cost controls and administrative support.
(a) Cost controls.--
An independent counsel shall:
(1) Conduct all activities with due regard for expense.
(2) Authorize only reasonable and lawful expenditures.
(3) Promptly upon taking office assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law.
(b) Office of Administration policies.--
An independent counsel shall comply with the established policies of the Office of Administration of the Governor respecting expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9542 - Legislative oversight

§ 9542. Legislative oversight.
(a) Oversight of conduct of independent counsel.--
An independent counsel appointed under this chapter shall submit to the General Assembly a report detailing all funds expended as required under section 9537(a)(1) (relating to reports by independent counsel) and shall submit annually a report on the activities of the independent counsel, including a description of the progress of any investigation or prosecution conducted by the independent counsel. The report may omit any matter that in the judgment of the independent counsel should be kept confidential but shall provide information adequate to justify the expenditures that the office of the independent counsel has made.
(b) Information relating to impeachment.--
An independent counsel shall advise the House of Representatives of any substantial and credible information which the independent counsel receives in carrying out the independent counsel's responsibilities under this chapter that may constitute grounds for an impeachment. Nothing in this chapter shall prevent the General Assembly or either house thereof from obtaining information in the course of an impeachment proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9543 - Removal of independent counsel and termination of office

§ 9543. Removal of independent counsel and termination of office.
(a) Removal, report on removal and termination.--
(1) An independent counsel appointed under this chapter may be removed from office only by the personal action of the panel and only for good cause, physical disability, mental incapacity or any other condition that substantially impairs the performance of the independent counsel's duties. For purposes of this paragraph, the term "good cause" includes violations of any ethical rules governing the independent counsel, the Attorney General or district attorneys.
(2) If an independent counsel is removed from office, the panel shall promptly submit to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives a report specifying the facts found and the ultimate grounds for the removal. The committees may make available to the public the report, except that each committee may, if necessary to protect the rights of any individual named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report. The panel may release any or all of the report in accordance with section 9537(b) (relating to reports by independent counsel).
(3) An independent counsel removed from office may obtain judicial review of the removal in a civil action commenced in the Commonwealth Court. The independent counsel may be reinstated or granted other appropriate relief by order of the Commonwealth Court. A member of the panel may not hear or determine the civil action or any appeal of a decision in the civil action.
(b) Termination of office.--
(1) An office of independent counsel shall terminate when the independent counsel:
(i) notifies the panel that the investigation of all matters within the prosecutorial jurisdiction of the independent counsel or accepted by the independent counsel, and any resulting prosecutions, have been completed; and
(ii) files a final report in compliance with section 9537.
(2) The panel shall determine on its own motion whether termination is appropriate under this subsection no later than two years after the appointment of an independent counsel or the reported expenditures of the independent counsel, including personnel costs under sections 9532 (relating to compensation and travel expenses) and 9533 (relating to additional personnel), have reached $2,000,000, whichever occurs first, and at the end of each succeeding one-year period.
Cross References.
Section 9543 is referred to in section 9537 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9544 - Audits

§ 9544. Audits.
By December 31 of each year, an independent counsel shall prepare a statement of expenditures for the fiscal year that ended on the immediately preceding June 30. An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures within 90 days of the date on which the office is terminated. The Auditor General shall audit each statement and report the results of each audit to the appropriate committees of the General Assembly no later than March 31 of the year following the submission of the statement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9545 - Relationship with Office of Attorney General

§ 9545. Relationship with Office of Attorney General.
Whenever a matter is in the prosecutorial jurisdiction of an independent counsel or has been accepted by an independent counsel under section 9535 (relating to referral of other matters to independent counsel), the Office of Attorney General, the Attorney General, all other officers and employees of the Office of Attorney General and any district attorney shall suspend all investigations and proceedings regarding that matter and shall turn over to the independent counsel all materials, files and other data relating to that matter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 95 - Independent Counsel › Section 9546 - Venue

§ 9546. Venue.
The proper venue for all prosecutions conducted by the independent counsel shall be determined in accordance with the Pennsylvania Rules of Criminal Procedure, except that for the purposes of convenience and fairness, the panel may set the venue in any other county on its own motion or at the request of the independent counsel or on petition of the defendant.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 1 - Short Title and Definitions › Section 101 - Short title

§ 101. Short title.
This title shall be known and may be cited as the "Probate, Estates and Fiduciaries Code." Each chapter herein shall be known and may be cited by its chapter heading.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 1 - Short Title and Definitions › Section 102 - Definitions

§ 102. Definitions.
Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Clerk."
Means the clerk of the orphans' court division of the court of common pleas.
"Court, orphans' court, or orphans' court division."
Means the court of common pleas exercising the jurisdiction referred to in this title through its orphans' court division.
"Fiduciary."
Includes personal representatives, guardians, and trustees, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the orphans' court division.
"First complete advertisement of the grant of letters."
In counties having no legal publication, means the first of the three times that the grant of letters is advertised in a newspaper, and, in counties having a legal publication, it means when it has been advertised, on at least one occasion, in both the newspaper and in the legal publication.
"Foreign fiduciary."
Means a personal representative, guardian of a minor or incapacitated person, trustee or one performing the functions of any such fiduciary, who is subject primarily to the control of the court of another jurisdiction and has not received ancillary authority in the Commonwealth.
"Foreign guardian."
Means a guardian, or one performing the function of a guardian, who is subject primarily to the control of the court of another jurisdiction and has not received ancillary authority in the Commonwealth.
"General rule or rule of court."
A rule or order promulgated by the governing authority, as defined in 42 Pa.C.S. § 102 (relating to definitions), of the unified judicial system.
"Guardian."
Means a fiduciary who has the care and management of the estate or person of a minor or an incapacitated person.
"Incapacitated person."
Means a person determined to be an incapacitated person under the provisions of Chapter 55 (relating to incapacitated persons).
"Letters."
Means letters testamentary or letters of administration of any description.
"Minor."
Means an individual under the age of 18 years.
"Personal representative."
Means an executor or administrator of any description.
"Register."
Means the register of wills having jurisdiction of granting of letters testamentary or of administration.
"Trust."
Means any trust, whether testamentary or inter vivos, subject to the jurisdiction of the orphans' court division.
"Will."
Means a written will, codicil or other testamentary writing.
(Dec. 6, 1972, P.L.1461, No.331; July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 3 - Ownership of Property; Legal Title and Equitable Estate › Section 301 - Title to real and personal estate of a decedent

§ 301. Title to real and personal estate of a decedent.
(a) Personal estate.--
Legal title to all personal estate of a decedent shall pass at his death to his personal representative, if any, as of the date of his death.
(b) Real estate.--
Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this title and lawfully by the will and to all orders of the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 3 - Ownership of Property; Legal Title and Equitable Estate › Section 302 - Title to real and personal estate of an incapacitated person

§ 302. Title to real and personal estate of an incapacitated person.
Legal title to all real estate and personal property of an incapacitated person shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 3 - Ownership of Property; Legal Title and Equitable Estate › Section 303 - Title to real and personal estate of a minor

§ 303. Title to real and personal estate of a minor.
Legal title to all real and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 3 - Ownership of Property; Legal Title and Equitable Estate › Section 304 - Application of payments made to fiduciaries

§ 304. Application of payments made to fiduciaries.
A person who, in good faith, pays or transfers to a fiduciary any money or other property, which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary, and any right or title acquired from the fiduciary in consideration of the payment or transfer is not invalid in consequence of a misapplication by the fiduciary.
(Oct. 12, 1984, P.L.929, No.182, eff. imd.)
1984 Amendment.
Act 182 added section 304.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Extra - Chapter Notes

Enactment.
Chapter 7 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.
Cross References.
Chapter 7 is referred to in section 7705 of this title.
Enactment.
Subchapter A was added April 28, 1978, P.L.202, No.53, effective in 60 days.
Prior Provisions.
Former Subchapter A, which related to the same subject matter, was added June 30,
            1972, P.L.508, No.164, and repealed April 28, 1978, P.L.202, No.53, effective in 60
            days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 701 - Orphans' court divisions

§ 701. Orphans' court divisions.
Orphans' court divisions shall be organized as provided by Title 42 (relating to judiciary and judicial procedure). Except as otherwise provided or prescribed by law, each orphans' court division shall possess the powers vested in the whole court.