2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 93 - Independent Counsel
9312 - Preliminary investigation.

     § 9312.  Preliminary investigation.
        (a)  Preliminary investigation with respect to certain
     covered persons.--The General Counsel shall appoint a special
     investigative counsel to conduct a preliminary investigation in
     accordance with this chapter whenever the General Counsel
     receives information sufficient to constitute grounds to
     investigate whether any person described in subsection (c) may
     have committed any of the following:
            (1)  An offense which is classified higher than a
        misdemeanor of the second degree.
            (2)  An offense which is classified higher than a summary
        offense and which involves a breach of the public trust. This
        paragraph includes a violation of the act of June 3, 1937
        (P.L.1333, No.320), known as the Pennsylvania Election Code,
        or the act of October 4, 1978 (P.L.883, No.170), referred to
        as the Public Official and Employee Ethics Law.
        (b)  Preliminary investigation with respect to persons not
     listed in subsection (c).--The Attorney General shall request
     the General Counsel to appoint a special investigative counsel
     to conduct a preliminary investigation under the jurisdiction
     established or conferred under section 205(b) of the act of
     October 15, 1980 (P.L.950, No.164), known as the Commonwealth
     Attorneys Act, and where the Attorney General determines that an
     investigation or prosecution of the person, with respect to the
     information received, by the Attorney General or other officer
     of the Attorney General's office may result in a personal,
     financial or political conflict of interest. In addition, the
     Attorney General may request the General Counsel to appoint a
     special investigative counsel to conduct a preliminary
     investigation where the Attorney General determines that an
     investigation or prosecution of the person, with respect to the
     information received, by the Attorney General or other officer
     of the Attorney General's office may result in a personal,
     financial or political conflict of interest.
        (c)  Persons to whom subsection (a) applies.--The persons
     referred to in subsection (a) are as follows:
            (1)  The Attorney General, any Deputy Attorney General or
        any individual working in the Attorney General's office who
        is defined as a "public employee" under the Public Official
        and Employee Ethics Law.
            (2)  Any individual who leaves any office or position
        described in paragraph (1) during the incumbency of the
        Attorney General with or under whom such individual served in
        the office or position, plus one year after such incumbency,
        but in no event longer than a period of three years after the
        individual leaves the office or position.
            (3)  Any individual who held an office or position
        described in paragraph (1) during the incumbency of one
        Attorney General and who continued to hold the office or
        position for not more than 90 days into the term of the next
        Attorney General, during the one-year period after the
        individual leaves the office or position.
            (4)  The chairman and treasurer of the principal campaign
        committee seeking the election or reelection of the Attorney
        General, and any officer of that committee exercising
        authority at the State level, during the incumbency of the
        elected Attorney General.
        (d)  Examination of information to determine need for
     preliminary investigation.--In determining under subsection (a)
     whether grounds to investigate exist, the General Counsel shall
     consider only the specificity of the information received and
     the credibility of the source of the information. The General
     Counsel shall determine whether grounds to investigate exist no
     later than 30 days after the information is first received. If
     within that 30-day period the General Counsel determines that
     the information is not specific or is not from a credible
     source, then the General Counsel shall close the matter. If
     within that 30-day period the General Counsel determines that
     the information is specific and from a credible source, the
     General Counsel shall, upon making that determination, appoint a
     special investigative counsel to commence a preliminary
     investigation with respect to that information. If the General
     Counsel is unable to determine within that 30-day period whether
     the information is specific and from a credible source, the
     General Counsel shall at the end of that 30-day period appoint a
     special investigative counsel to commence a preliminary
     investigation with respect to that information. If a special
     investigative counsel is appointed, the special investigative
     counsel may only accept the appointment when such appointment
     would not conflict with the rules governing professional
     conduct.

        Cross References.  Section 9312 is referred to in section
     9319 of this title.