§ 4551. Investigating grand jury presentments.
(a) General rule.--Should the investigating grand jury determine that upon the basis of evidence presented
to it a presentment should be returned against an individual, the grand jury shall
direct the attorney for the Commonwealth to prepare a presentment which shall be submitted
to the investigating grand jury for a vote. Should a majority of the full grand jury
vote approval for the presentment it shall then be submitted to the supervising judge.
The supervising judge shall examine the presentment, and if it is within the authority
of the investigating grand jury and is otherwise in accordance with the provisions
of this subchapter, the supervising judge shall issue an order accepting the presentment.
Otherwise, the supervising judge shall refuse to accept the presentment and shall
order that the investigating grand jury take further appropriate action.
(b) Sealed presentment.--The supervising judge to whom a presentment is submitted may, on his own motion or
at the request of the Commonwealth, direct that the presentment be kept secret until
the defendant is in custody or has been released pending trial. In directing that
the presentment be kept secret, the supervising judge shall enter an order requiring
that the presentment be sealed and that no person shall disclose a return of the presentment
except when necessary for issuance and execution of process.
(c) Prosecution by Attorney General.--Whenever a multicounty investigating grand jury returns a presentment against any
person the Attorney General or his designee shall, with respect to the alleged criminal
activities, be authorized to prosecute the person on behalf of the Commonwealth by
instituting criminal proceedings in the county of appropriate venue. The Attorney
General or his designee shall take the oath of office required by law to be taken
of district attorneys, and shall be clothed with all the powers and subject to all
the liabilities imposed upon district attorneys by law.
(d) Venue.--In any case where a multicounty investigating grand jury returns a presentment the
supervising judge shall select the county for conducting the trial from among those
counties having jurisdiction.
(e) Procedure following presentment.--When the attorney for the Commonwealth proceeds on the basis of a presentment, a complaint
shall be filed and the defendant shall be entitled to a preliminary hearing as in
other criminal proceedings.
Notes of Decisions
Cited in
16
cases (
4 in the last 5 years), 1983–2025 · leading case:
Commonwealth v. Bethea, 828 A.2d 1066 (Pa. 2003).
Commonwealth v. Bethea, 828 A.2d 1066 (Pa. 2003).
· cites it 2× “See, 42 Pa.C.S. § 4551(c) and (d) (discussing the choice of venue for the trial of cases arising from multicounty investigations by the attorney for the Commonwealth).”
Commonwealth v. Baney, 860 A.2d 127 (Pa. Super. Ct. 2004).
· cites it 2× “Jurisdiction ¶ 13 Baney claims that the Court of Common Pleas of Clinton County did not have jurisdiction over the offenses occurring in Centre and Lycoming Counties.”
Commonwealth v. Brookins, 10 A.3d 1251 (Pa. Super. Ct. 2010).
· cites it 2× “In this instance, venue was prescribed by 42 Pa.C.S. § 4551(d), which provides that “in any ease where a multi-county investigating grand jury returns a presentment the supervising judge shall select the county for conducting the trial from among those counties having…”
In Re the Thirty-Fifth Statewide Investigating Grand Jury, 112 A.3d 624 (Pa. 2015).
· cites it 3× “42 Pa.C.S. § 4551. Importantly, an “attorney for the Commonwealth” is specifically and clearly defined as the district attorney of the county where a county investigating grand jury is empaneled, or the Attorney General where, as here, a statewide investigating grand jury is at…”
Commonwealth v. Bradfield, 508 A.2d 568 (Pa. 1986).
· cites it 2× “[3] Moreover, the instant proceedings were properly tried in Dauphin County pursuant to the venue provisions of 42 Pa.C.S. § 4551(d). This section provides: "In any case where a multicounty investigating grand jury returns a presentment the supervising judge shall select the…”
In Re Dauphin Cnty. Fourth Investigating Grand Jury, 19 A.3d 491 (Pa. 2011).
“The court found also that the defendant had not established the prejudice required to warrant the dismissal of the presentment. The court observed that the defendant would be entitled to a preliminary hearing following the filing of criminal charges based upon the presentment…”
Commonwealth v. Katsafanas, 464 A.2d 1270 (Pa. 1983).
“When, as in the instant case, a presentment is returned by a multicounty investigating grand jury, the pertinent statutory authority is 42 Pa.C.S. § 4551(c)(d): (c) Prosecution by Attorney General.”
Commonwealth, Aplt. v. Pownall, R. (Pa. 2022).
· cites it 3× “42 Pa.C.S. §4551(a). Significantly, the Act excepts “the power to indict” from the otherwise expansive powers bestowed upon an investigating grand jury.”
Commonwealth v. Gross, 15 Pa. D. & C.5th 259 (2010).
· cites it 3× “The prosecution, on the other hand, argued that the judge supervising the grand jury could establish venue in any county within the Commonwealth pursuant to 42 Pa.C.S. §4551. 3 In effect, the prosecution argued that the supervising judge could establish venue in any county…”
Com. v. Carter, T. (Pa. Super. Ct. 2019).
“Where a statewide grand jury returns a presentment recommending charges against an individual, “the supervising judge shall select the county for conducting the trial” from among those counties where venue is appropriate.”
— 42 Pa. Cons. Stat. § 4551(a) — 3 cases
In Re the Thirty-Fifth Statewide Investigating Grand Jury, 112 A.3d 624 (Pa. 2015).
“42 Pa.C.S. § 4551. Importantly, an “attorney for the Commonwealth” is specifically and clearly defined as the district attorney of the county where a county investigating grand jury is empaneled, or the Attorney General where, as here, a statewide investigating grand jury is at…”
Commonwealth, Aplt. v. Pownall, R. (Pa. 2022).
“42 Pa.C.S. §4551(a). Significantly, the Act excepts “the power to indict” from the otherwise expansive powers bestowed upon an investigating grand jury.”
— 42 Pa. Cons. Stat. § 4551(c) — 2 cases
Commonwealth v. Bethea, 828 A.2d 1066 (Pa. 2003).
“See, 42 Pa.C.S. § 4551(c) and (d) (discussing the choice of venue for the trial of cases arising from multicounty investigations by the attorney for the Commonwealth).”
— 42 Pa. Cons. Stat. § 4551(c)(d) — 2 cases
Commonwealth v. Katsafanas, 464 A.2d 1270 (Pa. 1983).
“When, as in the instant case, a presentment is returned by a multicounty investigating grand jury, the pertinent statutory authority is 42 Pa.C.S. § 4551(c)(d): (c) Prosecution by Attorney General.”
Commonwealth v. Gross, 15 Pa. D. & C.5th 259 (2010).
“The prosecution, on the other hand, argued that the judge supervising the grand jury could establish venue in any county within the Commonwealth pursuant to 42 Pa.C.S. §4551. 3 In effect, the prosecution argued that the supervising judge could establish venue in any county…”
— 42 Pa. Cons. Stat. § 4551(d) — 5 cases
Commonwealth v. Baney, 860 A.2d 127 (Pa. Super. Ct. 2004).
“Jurisdiction ¶ 13 Baney claims that the Court of Common Pleas of Clinton County did not have jurisdiction over the offenses occurring in Centre and Lycoming Counties.”
Commonwealth v. Brookins, 10 A.3d 1251 (Pa. Super. Ct. 2010).
“In this instance, venue was prescribed by 42 Pa.C.S. § 4551(d), which provides that “in any ease where a multi-county investigating grand jury returns a presentment the supervising judge shall select the county for conducting the trial from among those counties having…”
Commonwealth v. Bradfield, 508 A.2d 568 (Pa. 1986).
“[3] Moreover, the instant proceedings were properly tried in Dauphin County pursuant to the venue provisions of 42 Pa.C.S. § 4551(d). This section provides: "In any case where a multicounty investigating grand jury returns a presentment the supervising judge shall select the…”
Com. v. Carter, T. (Pa. Super. Ct. 2019).
“Where a statewide grand jury returns a presentment recommending charges against an individual, “the supervising judge shall select the county for conducting the trial” from among those counties where venue is appropriate.”
— 42 Pa. Cons. Stat. § 4551(e) — 4 cases
In Re Dauphin Cnty. Fourth Investigating Grand Jury, 19 A.3d 491 (Pa. 2011).
“The court found also that the defendant had not established the prejudice required to warrant the dismissal of the presentment. The court observed that the defendant would be entitled to a preliminary hearing following the filing of criminal charges based upon the presentment…”
Commonwealth, Aplt. v. Pownall, R. (Pa. 2022).
“42 Pa.C.S. §4551(a). Significantly, the Act excepts “the power to indict” from the otherwise expansive powers bestowed upon an investigating grand jury.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.