2012 Pennsylvania Consolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 93 - Independent Counsel
Section 9313 - Conduct of preliminary investigation

     § 9313.  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 9314 (relating to determination that further
     investigation not warranted) or 9315 (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 9313 is referred to in section
     9315 of this title.