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Senate Bill 1026 Printer's Number 1335

PENNSYLVANIA, January 20 - duty to comply with the requests of the district attorney

related to the investigation under this section.

Section 5. Referral and report.

(a) Conflict of interest and discretion.--The district

attorney conducting the investigation under section 4 shall

avoid an actual or apparent conflict of interest when

determining whether to file charges against a police officer

involved in the use of deadly force and may either:

(1) Prosecute the case through its office.

(2) Refer the case to an investigating grand jury under

42 Pa.C.S. Ch. 45 Subch. D (relating to investigating grand

juries), provided the case may only be brought before an

investigating grand jury once.

(3) Refer the case to the Attorney General, in which

case the district attorney shall:

(i) Notify the Attorney General of the referral in

writing within seven days of the decision not to

prosecute.

(ii) Subject to subsection (b), publish a report on

the publicly accessible Internet website of the office of

district attorney within seven days of the decision not

to prosecute, subject to any exemptions from access under

the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law, which details the incident in which

the use of deadly force was applied and provides the

reasons that the district attorney declines to prosecute.

(iii) Subject to subsection (c), refer the case and

forward all available investigative materials to the

Attorney General.

(b) Report.--The report under subsection (a)(3)(ii) shall

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