§ 4552. Investigating grand jury reports.
(a) General rule.--Any investigating grand jury, by an affirmative majority vote of the full investigating
grand jury, may, at any time during its term submit to the supervising judge an investigating
grand jury report.
(b) Examination by court.--The judge to whom such report is submitted shall examine it and the record of the
investigating grand jury and, except as otherwise provided in this section, shall
issue an order accepting and filing such report as a public record with the court
of common pleas established for or embracing the county or counties which are the
subject of such report only if the report is based upon facts received in the course
of an investigation authorized by this subchapter and is supported by the preponderance
of the evidence.
(c) Sealed report.--Upon the submission of a report pursuant to subsection (a), if the supervising judge
finds that the filing of such report as a public record may prejudice fair consideration
of a pending criminal matter, he shall order such report sealed and such report shall
not be subject to subpoena or public inspection during the pendency of such criminal
matter except upon order of court.
(d) Appeal from refusal to file.--Failure of the supervising judge to accept and file as a public record a report submitted
under this section may be appealed by the attorney for the Commonwealth to the Supreme
Court in the manner prescribed by general rules.
(e) Authorization of response by nonindicted subject.--If the supervising judge finds that the report is critical of an individual not indicted
for a criminal offense the supervising judge may in his sole discretion allow the
named individual to submit a response to the allegations contained in the report.
The supervising judge may then in his discretion allow the response to be attached
to the report as part of the report before the report is made part of the public record
pursuant to subsection (b).
Notes of Decisions
In re Fortieth Statewide Investigating Grand Jury, 190 A.3d 560 (Pa. 2018).
· cites it 8× “See 42 Pa.C.S. § 4552. Significantly, the report is not generally couched in conventional "investigatory" terms, such as by allusion to the character and quality of the evidence reviewed according to the application of a probable cause standard.”
In re Fortieth Statewide Investigating Grand Jury, 197 A.3d 712 (Pa. 2018).
· cites it 9× “See 42 Pa.C.S. § 4552(a). If the submitted report still includes references critical of a named but nonindicted individual, it should be supported by citation to all specific exhibits or transcript pages pertinent to that individual.”
In Re Investigating Grand Jury, Etc., 433 A.2d 5 (Pa. 1981).
· cites it 2× “§ 4552, the grand jury states: "On September 9, 1980, we issued a presentment charging four employees, David Bohannon, Richard Drapczuk, John Majewski and Richard Wolf with participation in the conspiracy to defraud the City. Our investigation continued after charges were filed…”
In Re: The 30th Cnty. Investigating Grand Jury (Pa. 2024).
· cites it 6× “” 42 Pa.C.S. § 4552(a). A supervising judge who receives an investigatory grand jury report must examine the report and the record of the grand jury and, except in certain limited circumstances, issue an order accepting and filing such report as a public record with the court of…”
In Re: Grand Jury Investigation No. 18 (Pa. 2020).
“42 Pa.C.S. § 4552(a). If a supervising judge receives an investigating grand jury report, she must, in pertinent part, examine the report and the record of the investigating grand jury, and issue an order accepting and filing such report as a public record with the court of…”
Commonwealth v. Corban Corp., 77 Pa. D. & C.4th 90 (2005).
“§5552 as applicable to offenses defined by the Crimes Code. 18 Pa.C.S. §107 provides that the provisions of Part I of the Crimes Code apply to offenses defined by any statute.”
— 42 Pa. Cons. Stat. § 4552(a) — 3 cases
In re Fortieth Statewide Investigating Grand Jury, 197 A.3d 712 (Pa. 2018).
“See 42 Pa.C.S. § 4552(a). If the submitted report still includes references critical of a named but nonindicted individual, it should be supported by citation to all specific exhibits or transcript pages pertinent to that individual.”
In Re: The 30th Cnty. Investigating Grand Jury (Pa. 2024).
“” 42 Pa.C.S. § 4552(a). A supervising judge who receives an investigatory grand jury report must examine the report and the record of the grand jury and, except in certain limited circumstances, issue an order accepting and filing such report as a public record with the court of…”
In Re: Grand Jury Investigation No. 18 (Pa. 2020).
“42 Pa.C.S. § 4552(a). If a supervising judge receives an investigating grand jury report, she must, in pertinent part, examine the report and the record of the investigating grand jury, and issue an order accepting and filing such report as a public record with the court of…”
— 42 Pa. Cons. Stat. § 4552(b) — 4 cases
In re Fortieth Statewide Investigating Grand Jury, 197 A.3d 712 (Pa. 2018).
“See 42 Pa.C.S. § 4552(a). If the submitted report still includes references critical of a named but nonindicted individual, it should be supported by citation to all specific exhibits or transcript pages pertinent to that individual.”
In re Fortieth Statewide Investigating Grand Jury, 190 A.3d 560 (Pa. 2018).
“See 42 Pa.C.S. § 4552. Significantly, the report is not generally couched in conventional "investigatory" terms, such as by allusion to the character and quality of the evidence reviewed according to the application of a probable cause standard.”
In Re: The 30th Cnty. Investigating Grand Jury (Pa. 2024).
“” 42 Pa.C.S. § 4552(a). A supervising judge who receives an investigatory grand jury report must examine the report and the record of the grand jury and, except in certain limited circumstances, issue an order accepting and filing such report as a public record with the court of…”
— 42 Pa. Cons. Stat. § 4552(e) — 3 cases
In re Fortieth Statewide Investigating Grand Jury, 190 A.3d 560 (Pa. 2018).
“See 42 Pa.C.S. § 4552. Significantly, the report is not generally couched in conventional "investigatory" terms, such as by allusion to the character and quality of the evidence reviewed according to the application of a probable cause standard.”
In re Fortieth Statewide Investigating Grand Jury, 197 A.3d 712 (Pa. 2018).
“See 42 Pa.C.S. § 4552(a). If the submitted report still includes references critical of a named but nonindicted individual, it should be supported by citation to all specific exhibits or transcript pages pertinent to that individual.”
In Re: The 30th Cnty. Investigating Grand Jury (Pa. 2024).
“” 42 Pa.C.S. § 4552(a). A supervising judge who receives an investigatory grand jury report must examine the report and the record of the grand jury and, except in certain limited circumstances, issue an order accepting and filing such report as a public record with the court of…”
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