PRINTER'S NO. 974
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
964
Session of
2021
INTRODUCED BY PICKETT, OWLETT, R. BROWN, CAUSER, SCHLEGEL
CULVER, HILL-EVANS, JAMES, KAUFFMAN, MILLARD, NEILSON, RYAN,
WEBSTER AND WHEELAND, MARCH 18, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 18, 2021
AN ACT
Amending the act of August 9, 1955 (P.L.323, No.130), entitled
"An act relating to counties of the first, second class A,
third, fourth, fifth, sixth, seventh and eighth classes;
amending, revising, consolidating and changing the laws
relating thereto; relating to imposition of excise taxes by
counties, including authorizing imposition of an excise tax
on the rental of motor vehicles by counties of the first
class; and providing for regional renaissance initiatives,"
in preliminary provisions, further providing for
applicability; and, in district attorney, assistants and
detectives, further providing for district attorney,
qualifications, eligibility and compensation and for filling
of vacancies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 102(a) and 1401(a) of the act of August
9, 1955 (P.L.323, No.130), known as The County Code, are amended
to read:
Section 102. Applicability.--(a) Except incidentally, as in
sections 108, 201, 210, 211, 401 [and], 1401 and 1404 or as
provided in section 1770.12, Article XII-B and Article XXX, this
act does not apply to counties of the first or second classes.
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Section 1401. District Attorney; Qualifications;
Eligibility; Compensation.--(a) The district attorney shall be
a resident of the county, at least twenty-five years of age, and
a citizen of the United States, shall have been admitted to
practice as an attorney before the Supreme Court of this
Commonwealth for at least one year prior to taking the oath of
office, shall have an active Pennsylvania law license and shall
have resided in the county for which the district attorney is
elected or appointed for one year next preceding election or
appointment.
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Section 2. Section 1404 of the act, amended September 28,
2020 (P.L.705, No.78), is amended to read:
Section 1404. Filling of Vacancies.--[(a) If any vacancy
shall occur in the office of district attorney in a county of
the second class A or third class, either by death, resignation,
removal from office or from the county, or otherwise, the judges
of the court of common pleas shall supply such vacancy by the
appointment of a competent person to fill the office during the
balance of the unexpired term.]
(b) If any vacancy shall occur in the office of district
attorney in a county of the [fourth] second class A through
eighth class, the judges of the court of common pleas shall,
upon a showing that the first assistant district attorney
satisfies the requirements of section 1401, appoint the first
assistant district attorney to fill the office of district
attorney and to discharge the duties of the district attorney
until the first Monday in January following the next municipal
election occurring not less than ninety days after the
occurrence of the vacancy. If the first assistant district
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attorney is unwilling or unable to serve or does not satisfy the
requirements of section 1401, the judges of the court of common
pleas shall fill the vacancy by the appointment of a competent
person who satisfies the requirements of section 1401 to fill
the office until the first Monday in January following the next
municipal election occurring not less than ninety days after the
occurrence of the vacancy.
(c) If a district attorney does not possess an active
Pennsylvania law license because of the suspension of the law
license or disbarment while in office, the suspended or
disbarred district attorney shall regain the office of district
attorney if the Pennsylvania law license has been reinstated and
becomes active and if all other qualifications are met and shall
serve the remainder of the term during which the district
attorney was suspended or disbarred.
Section 3. The amendment of section 1404 of the act shall
apply to vacancies occurring on or after the effective date of
this section.
Section 4. This act shall take effect immediately.
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