1Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2as amended, "An act relating to counties of the first, third,
3fourth, fifth, sixth, seventh and eighth classes; amending,
4revising, consolidating and changing the laws relating
5thereto; relating to imposition of excise taxes by counties,
6including authorizing imposition of an excise tax on the
7rental of motor vehicles by counties of the first class; and
8providing for regional renaissance initiatives," further
9providing for the filling of vacancies in the office of
10district attorney.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 1404 of the act of August 9, 1955
14(P.L.323, No.130), known as The County Code, amended December
1517, 2001 (P.L.919, No.107), is amended to read:

16Section 1404. Filling of Vacancies.--(a) If any vacancy
17shall occur in the office of district attorney in a county of
18the third through eighth class, either by death, resignation,
19removal from office or from the county, or otherwise, [the
20judges of the court of common pleas shall supply such vacancy by
21the appointment of a competent person to fill the office during
22the balance of the unexpired term.] the first assistant district
 

1attorney shall become district attorney and discharge the duties 
2of the district attorney until the first Monday in January 
3following the next municipal election occurring not less than 
4ninety days after the occurrence of the vacancy. If the first 
5assistant district attorney is unwilling or unable to serve, the 
6judges of the court of common pleas shall fill the vacancy by 
7the appointment of a competent person to fill the office until 
8the first Monday in January following the next municipal 
9election occurring not less than ninety days after the 
10occurrence of the vacancy.

11[(b) If any vacancy shall occur in the office of district
12attorney in a county of the fourth through eighth class, the
13first assistant district attorney shall become district attorney
14and discharge the duties of the district attorney until the
15first Monday in January following the next municipal election
16occurring not less than ninety days after the occurrence of the
17vacancy. If the first assistant district attorney is unwilling
18or unable to serve, the judges of the court of common pleas
19shall fill the vacancy by the appointment of a competent person
20to fill the office until the first Monday in January following
21the next municipal election occurring not less than ninety days
22after the occurrence of the vacancy.]

23Section 2. The amendment of section 1404 of the act shall
24apply to vacancies occurring after the effective date of this
25section.

26Section 3. This act shall take effect immediately.