§ 4542. Definitions.
The following words and phrases when used in this subchapter shall have, unless the
context clearly indicates otherwise, the meanings given to them in this section:
"Attorney for the Commonwealth." The district attorney of the county in which a county investigating grand jury is
summoned, or his designee, or the Attorney General or his designee if the Attorney
General has superseded the district attorney; the Attorney General, or his designee,
with respect to multicounty investigating grand juries.
"Investigating grand jury." The county investigating grand jury or the multicounty investigating grand jury or
both.
"Investigating grand jury presentment." A written formal recommendation by an investigating grand jury that specific persons
be charged with specific crimes.
"Investigating grand jury report." A report submitted by the investigating grand jury to the supervising judge regarding
conditions relating to organized crime or public corruption or both; or proposing
recommendations for legislative, executive, or administrative action in the public
interest based upon stated findings.
"Investigative resources of the grand jury." The power to compel the attendance of investigating witnesses; the power to compel
the testimony of investigating witnesses under oath; the power to take investigating
testimony from witnesses who have been granted immunity; the power to require the
production of documents, records and other evidence; the power to obtain the initiation
of civil and criminal contempt proceedings; and every investigative power of any grand
jury of the Commonwealth.
"Multicounty investigating grand jury." A Statewide or regional investigating grand jury convened by the Supreme Court upon
the application of the Attorney General and having jurisdiction to inquire into organized
crime or public corruption or both under circumstances wherein more than one county
is named in the order convening said investigating grand jury.
"Organized crime." The unlawful activity of an association trafficking in illegal goods or services,
including but not limited to gambling, prostitution, loan sharking, controlled substances,
labor racketeering, or other unlawful activities; or any continuing criminal conspiracy
or other unlawful practice which has as its objective:
(1) large economic gain through fraudulent or coercive practices; or
(2) improper governmental influence.
"Public corruption." The unlawful activity under color of or in connection with any public office or employment
of:
(1) any public official or public employee, or the agent of any public official or public
employee under color of or in connection with any public office or employment; or
(2) any candidate for public office or the agent of any candidate for public office.
"Supervising judge." The common pleas judge designated by the president judge to supervise the activities
of the county investigating grand jury, or the common pleas judge designated by the
Supreme Court to supervise the activities of the multicounty investigating grand jury.
"Supreme Court." The Chief Justice of Pennsylvania or any other justice of the Supreme Court designated
by or pursuant to general rule to act for the court under this subchapter.
Renumbering. Former section 4542 was renumbered 4532 pursuant to section 216(a)(1) of the act of
October 5, 1980, P.L.693, No.142.
Notes of Decisions
In re Return of Seized Prop. of Lackawanna Cty, 212 A.3d 1 (Pa. 2019).
· cites it 14× “And finally, the order directed Judge Sarcione to maintain control of transcripts, 1 See 42 Pa.C.S. §4542 (in the context of the Investigating Grand Jury Act, defining the “Supreme Court” as the Chief Justice or another designated Justice).”
Commonwealth v. Sandusky, 203 A.3d 1033 (Pa. Super. Ct. 2019).
“42 Pa.C.S. § 4542. § 4544. Convening multicounty investigating grand jury (a) General rule.”
Commonwealth v. Bradfield, 508 A.2d 568 (Pa. 1986).
· cites it 4× “See: 42 Pa.C.S. §§ 4542, 4544. In light of this purpose, it is not reasonable to believe that the legislature intended separate trials in each county where acts of a criminal nature had been committed.”
In re the Thirty-Fifth Statewide Investigating Grand Jury, 112 A.3d 624 (Pa. 2015).
· cites it 4× “” 42 Pa.C.S. §4542. Additionally, she explained that, per the Commonwealth Attorneys Act,2 the authority to convene and conduct statewide investigating grand juries is reposed exclusively in the elected office which she holds.”
In re Fortieth Statewide Investigating Grand Jury, 191 A.3d 750 (Pa. 2018).
· cites it 3× “1, at 7 (“These references to specific subsets of attorneys demonstrate that [J-40-2018] - 6 the legislature knew the differences between the all-encompassing word ‘attorney’ and specific classifications within that broad category.”
Commonwealth v. O'Kicki, 597 A.2d 152 (Pa. Super. Ct. 1991).
· cites it 2× “" 42 Pa.C.S. § 4542. Definitions. In 1984, the legislature passed and the Governor signed two nearly identical amendments to that portion of Act 142 of 1980 which had added Subchapter D to Chapter 45 of *556 Title 42, the Investigating Grand Jury Act, 42 Pa.”
Connelly v. Doe, 566 A.2d 426 (Conn. 1989).
“) 42 Pa. Cons. Stat. § 4542 (Purdon 1981). Bradfield is not only distinguishable on the facts from the *73 instant case, but it also supports our conclusion that had the legislature intended one-man grand jury investigations to be continuous in nature, it would have stated so in…”
Commonwealth v. Bailey, 775 A.2d 881 (Pa. Commw. Ct. 2001).
“” Section 4542 of the IGJA, 42 Pa. C.S. § 4542. The trial court also rejected Bailey’s contention that his conviction for criminal solicitation under Section 902 of the Crimes Code should be overturned because he should have been charged with a more specific offense under either…”
In re The 30th Cnty. Investigating Grand Jury, 325 A.3d 573 (Pa. 2024).
· cites it 5× “42 Pa.C.S. § 4542. Because there are no allegations of organized crime involved in this matter, the Report must relate to either public corruption or propose recommendations to meet the statutory definition.”
In re Grand Jury Investigation No. 18, 224 A.3d 326 (Pa. 2020).
· cites it 3× “4 Section 4542 defines “Investigating grand jury report” as a “report submitted by the investigating grand jury to the supervising judge regarding conditions relating to organized crime or public corruption or both; or proposing recommendations for legislative, executive, or…”
In re Return of Seized Prop. of Lackawanna Cty, No. 93 MM 2018 (Pa. July 17, 2019).
· cites it 2× “42 Pa.C.S. § 4542. Based upon this definition, the exclusive list of statutorily designated “investigative resources of the grand jury” is as follows: • the power to compel the attendance of investigating witnesses • the power to compel the testimony of investigating witnesses…”
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