(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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 45 - Juries and Jurors
Section 4501 - Declaration of policy
Section 4502 - Qualifications of jurors
Section 4503 - Exemptions from jury duty
Section 4521 - Selection of prospective jurors
Section 4521.1 - Statewide jury information system
Section 4522 - List of qualified jurors
Section 4523 - List of disqualified jurors
Section 4524 - Selection of jurors for service
Section 4525 - Equipment used for selection of jurors
Section 4526 - Challenging compliance with selection procedures
Section 4527 - Effect of verdict on jury selection errors
Section 4531 - Issuance of court orders for jurors
Section 4532 - Summoning persons to serve as jurors
Section 4541 - Short title of subchapter
Section 4543 - Convening county investigating grand jury
Section 4544 - Convening multicounty investigating grand jury
Section 4545 - Composition of investigating grand jury
Section 4546 - Term of investigating grand jury
Section 4547 - Additional investigating grand juries
Section 4548 - Powers of investigating grand jury
Section 4549 - Investigating grand jury proceedings
Section 4551 - Investigating grand jury presentments
Section 4552 - Investigating grand jury reports
Section 4553 - Expenses of investigating grand juries and trials resulting therefrom
Section 4561 - Compensation of and travel allowance for jurors
Section 4562 - Juror's right to refuse inquiries
Section 4563 - Protection of employment of petit and grand jurors
Section 4563.1 - Protection of employment of grand jurors (Deleted by amendment)
Section 4564 - Alternate jurors
Section 4565 - Challenging certain petit jurors where political subdivision is a party
Section 4581 - Interfering with selection of jurors
Section 4582 - Tampering with names of jurors
Section 4583 - Tampering with jurors