PRINTER'S NO. 67
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
85
Session of
2021
INTRODUCED BY MARTIN, BAKER, BROWNE, PHILLIPS-HILL, MENSCH,
SCAVELLO, ARGALL AND PITTMAN, JANUARY 22, 2021
REFERRED TO JUDICIARY, JANUARY 22, 2021
AN ACT
Amending the act of July 28, 1953 (P.L.723, No.230), entitled
"An act relating to counties of the second class and second
class A; amending, revising, consolidating and changing the
laws relating thereto," in district attorney, assistants and
detectives, further providing for filling of vacancies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1404 of the act of July 28, 1953
(P.L.723, No.230), known as the Second Class County Code, is
amended to read:
Section 1404. Filling of Vacancies.--If any vacancy shall
occur in the office of district attorney, 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.] the first
assistant district attorney shall become district attorney and
discharge the duties of the district attorney until the first
Monday in January following the next municipal election
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occurring not less than ninety days after the occurrence of the
vacancy. If the first assistant district attorney is unwilling
or unable to serve, the judges of the court of common pleas
shall fill the vacancy by the appointment of a competent person
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.
Section 2. The amendment of section 1404 of the act shall
apply to vacancies occurring on or after the effective date of
this section.
Section 3. This act shall take effect immediately.
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