THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PRESTON, DePASQUALE, FABRIZIO, GOODMAN, MUNDY AND YOUNGBLOOD, DECEMBER 13, 2011

REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 13, 2011  

AN ACT

Amending Title 44 (Law and Justice) of the Pennsylvania

Consolidated Statutes, establishing the Pennsylvania Bureau

of Investigation; providing for the transfer of certain

powers and duties from the Pennsylvania State Police and the

Office of Attorney General; dissolving the Bureau of Criminal

Investigation of the Pennsylvania State Police and the Bureau

of Criminal Investigations of the Office of Attorney General;

and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 44 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART V

PENNSYLVANIA BUREAU OF INVESTIGATION

Chapter

91.  Preliminary Provisions (Reserved)

93.  Establishment and Composition

CHAPTER 91

PRELIMINARY PROVISIONS

(RESERVED)

CHAPTER 93

ESTABLISHMENT, POWERS AND DUTIES

AND TRANSFER OF EMPLOYEES

Sec.

9301.  Scope of chapter.

9302.  Definitions.

9303.  Establishment and powers and duties.

9304.  Dissolutions.

9305.  Transfers.

§ 9301.  Scope of chapter.

This chapter relates to the Pennsylvania Bureau of

Investigation.

§ 9302.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Bureau."  The Pennsylvania Bureau of Investigation

established in section 9303 (relating to establishment and

powers and duties).

"Investigation bureau."  The Bureau of Criminal Investigation

of the Pennsylvania State Police.

"Unit."  The Criminal Investigation Bureau of the Office of

Attorney General.

§ 9303.  Establishment and powers and duties.

(a)  Establishment.--There is established a Pennsylvania

Bureau of Investigation in this Commonwealth.

(b)  Powers and duties.--The bureau shall:

(1)  Have the powers and duties previously vested in the

investigation bureau and the unit.

(2)  Have the power to investigate a criminal offense

which the Attorney General has the power to prosecute under

section 205 of the act of October 15, 1980 (P.L.950, No.164),

known as the Commonwealth Attorneys Act.

(3)  Continue the existing programs relating to drug law

enforcement performed by the investigation bureau.

§ 9304.  Dissolutions.

Notwithstanding any other provision of law, the investigation

bureau and the unit shall be dissolved.

§ 9305.  Transfers.

(a)  Transfers.--All personnel, allocations, appropriations,

equipment, files, records, contracts, agreements, obligations

and other materials that are used, employed or expended by the

investigation bureau and the unit in connection with the

functions transferred by this act shall be transferred to the

bureau as if these contracts, agreements and obligations had

been incurred or entered into by the bureau.

(b)  Requirements.--

(1)  All personnel transferred under subsection (a) shall

continue in their employment with the bureau with the same

pay scales, salaries, wages, seniority benefits, pension

rights and other incidents of employment.

(2)  The personnel, appropriations, equipment and other

items and material transferred by this section shall include

an appropriate portion of the general administrative,

overhead and supporting personnel, appropriations, equipment

and other materials of the Pennsylvania State Police and the

Office of Attorney General.

Section 2.  Repeals are as follows:

(1)  The General Assembly declares that the repeals under

paragraph (2) are necessary to effectuate the addition of 44

Pa.C.S. Pt. V.

(2)  The following acts and parts of acts are repealed:

(i)  The second sentence of section 206(a) of the act

of October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act.

(ii)  The first sentence of section 15 of the act of

June 3, 1919 (P.L.366, No.179), entitled "An act

reorganizing the Department of State Police; creating

therein a Bureau of Fire Protection; providing for a

State Police Force, and defining the powers and duties of

the same, including the enforcement of laws relating to

game, fish, forestry, and water supply, and certain other

laws, and including the collection of information useful

for the detection of crime, and the apprehension of

criminals; providing for the equipment, maintenance, and

transportation of such police; providing for barracks and

substations therefor; and prescribing penalties," insofar

as it is inconsistent with this act.

(iii)  The first sentence of section 710(f) and the

second sentence of section 712(a) of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code

of 1929, insofar as they are inconsistent with this act.

Section 3.  This act shall take effect in 60 days.