AN ACT

 

1Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
2as amended, "An act relating to counties of the second class
3and second class A; amending, revising, consolidating and
4changing the laws relating thereto," further providing for
5the filling of vacancies in the office of district attorney.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 1404 of the act of July 28, 1953
9(P.L.723, No.230), known as the Second Class County Code, is
10amended to read:

11Section 1404. Filling of Vacancies.--If any vacancy shall
12occur in the office of district attorney in counties of the 
13second class or second class A, either by death, resignation,
14removal from office or from the county, or otherwise, [the
15judges of the court of common pleas shall supply such vacancy by
16the appointment of a competent person to fill the office during
17the balance of the unexpired term.] the first assistant district 
18attorney shall become district attorney and discharge the duties 
19of the district attorney until the first Monday in January
 

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

9Section 2. The amendment of section 1404 of the act shall
10apply to vacancies occurring after the effective date of this
11section.

12Section 3. This act shall take effect immediately.