PRIOR PRINTER'S NOS. 630, 654
PRINTER'S NO. 684
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
140
Session of
2023
INTRODUCED BY LANGERHOLC, FARRY, VOGEL, PENNYCUICK, LAUGHLIN,
REGAN, COLEMAN, PHILLIPS-HILL, AUMENT, HUTCHINSON, DUSH,
MASTRIANO, BROOKS, ROTHMAN AND MARTIN, APRIL 24, 2023
AS AMENDED ON SECOND CONSIDERATION, MAY 1, 2023
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania
Consolidated Statutes, in metropolitan transportation
authorities, providing for special prosecutor for mass
transit.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 74 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 1786. Special prosecutor for mass transit.
(A) SPECIAL PROSECUTOR.-- Within 30 days of the effective
date of this section, the Attorney General shall appoint a
special prosecutor to investigate and institute criminal
proceedings for a violation of the laws of this Commonwealth
occurring within a public transportation authority that serves
as the primary provider of public passenger transportation in
the county of the first class in accordance with this section.
The following shall apply to the special prosecutor:
(1) The special prosecutor must:
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(i) Be a member in good standing of the bar of this
Commonwealth for a minimum of 10 years.
(ii) Have a minimum of five years of experience in
criminal prosecutions in this Commonwealth.
(iii) Not have been employed by the district
attorney's office in a county of the first class or the
Office of Attorney General within six years of the
effective date of this section.
(iv) Possess the character and fitness compatible
with the standards expected to be observed by members of
the bar of this Commonwealth.
(v) Be a resident of the county in which the special
prosecutor shall serve.
(2) Notwithstanding any other provision of law or
regulation, a special prosecutor shall have the authority to
investigate and prosecute, and has jurisdiction over, any
criminal matter involving an alleged violation of the laws of
this Commonwealth occurring within a public transportation
authority that serves as the primary provider of public
passenger transportation in the county of the first class.
The special prosecutor's prosecutorial jurisdiction shall
include the power and independent authority to exercise all
investigative and prosecutorial functions and powers of an
office of the district attorney of a county of the first
class and any other officer or employee of the office of the
district attorney in the county of the first class. The
special prosecutor's authority shall include, but not be
limited to, the following:
(i) Investigative and prosecutorial functions and
powers shall include the following:
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(A) Conducting proceedings before grand juries
and other investigations.
(B) Participating in court proceedings and
engaging in any litigation, including civil and
criminal matters, that the special prosecutor
considers necessary.
(C) Initiating and conducting prosecutions in
any court of competent jurisdiction, appealing any
decision of a court in a proceeding in which the
special prosecutor participates and handling all
aspects of any case in the name of the Commonwealth.
(D) Reviewing all documentary evidence available
from any source.
(E) Making applications to a State court for a
grant of immunity to a witness, consistent with
applicable statutory requirements, or for warrants,
subpoenas or other court orders.
(ii) (Reserved).
(3) For the purposes of carrying out the duties of the
Office of Special Prosecutor, a special prosecutor may use
facilities, resources and personnel of the Attorney General,
including investigators, attorneys and necessary experts, to
assist with a criminal investigation or prosecution. A
special prosecutor may request assistance from the
Pennsylvania State Police OR ANY LAW ENFORCEMENT AGENCY WITH
APPROPRIATE JURISDICTION in carrying out the functions of the
special prosecutor. The Pennsylvania State Police OR ANY LAW
ENFORCEMENT AGENCY WITH APPROPRIATE JURISDICTION may provide
assistance, which may include the use of resources and
personnel necessary to perform the duties of the special
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prosecutor.
(4) A special prosecutor may assert preemptive
prosecutorial jurisdiction over any criminal actions or
proceedings involving alleged violations of the laws of this
Commonwealth occurring within a public transportation
authority that serves as the primary provider of public
passenger transportation in the county of the first class.
The following shall apply:
(i) An assertion of preemptive prosecutorial
jurisdiction under this section shall be within the sole
discretion of the special prosecutor.
(ii) In cases in which a special prosecutor asserts
preemptive prosecutorial jurisdiction under this section,
no other prosecuting entity for the Commonwealth shall
have authority to act, except as authorized by the
special prosecutor.
(iii) A special prosecutor may not assert preemptive
prosecutorial jurisdiction under this section in a case
where jurisdiction also exists in a county other than a
county of the first class unless the special prosecutor
requests in writing to the district attorney in the
county other than the county of the first class to assert
preemptive prosecutorial jurisdiction and the district
attorney in the county other than the county of the first
class accepts the request in writing.
(iv) When a special prosecutor asserts preemptive
prosecutorial jurisdiction under this subparagraph, the
office of the district attorney in a county of the first
class shall suspend all investigations and proceedings
regarding the matter and shall turn over to the special
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prosecutor all materials, files and other data relating
to the matter.
(v) Notwithstanding any other law or court rule,
prior approval of the district attorney of a county of
the first class or an employee of the district attorney
of a county of the first class shall not be required
prior to the filing of any criminal complaint or arrest
warrant affidavit, or both, involving any violation of
the laws of this Commonwealth occurring within a public
transportation authority that serves as the primary
provider of public passenger transportation in the county
of the first class.
(5) No person charged with a violation of the law by a
special prosecutor shall have standing to challenge the
authority of the special prosecutor to prosecute the case. If
a challenge is made, the challenge shall be dismissed and no
relief shall be available in the courts of this Commonwealth
to the individual making the challenge.
(6) If a vacancy in office arises by reason of the
resignation, death or removal for any other reason of a
special prosecutor, the Attorney General shall appoint a
replacement within 30 days.
(7) Each law enforcement agency with jurisdiction in a
county of the first class shall notify a special prosecutor
of any arrest or other criminal action or proceeding
involving an alleged violation of the laws of this
Commonwealth occurring within a public transportation
authority that serves as the primary provider of public
passenger transportation in the county of the first class
within 48 hours of the arrest or of instituting the action or
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proceeding.
(8) No new action or proceeding may be initiated by a
special prosecutor under this section after December 31,
2026. Notice of final disposition of the last remaining
action or proceeding initiated under this section prior to
December 31, 2026, shall be transmitted to the Legislative
Reference Bureau for publication in the next available issue
of the Pennsylvania Bulletin.
(9) The special prosecutor shall compile reports related
to the criminal activity and administrative proceedings
within a public transportation authority that serves as the
primary provider of public passenger transportation in the
county of the first class, to which the following shall
apply:
(i) An initial report shall be submitted no later
than 90 days following appointment of the special
prosecutor. Following the initial report, annual reports
shall be submitted to the General Assembly.
(ii) Reports shall be submitted to the following:
(A) The President pro tempore of the Senate.
(B) The Speaker of the House of Representatives.
(C) The chairperson and minority chairperson of
the Judiciary Committee of the Senate.
(D) The chairperson and minority chairperson of
the Judiciary Committee of the House of
Representatives.
(E) The chairperson and minority chairperson of
the Transportation Committee of the Senate.
(F) The chairperson and minority chairperson of
the Transportation Committee of the House of
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Representatives.
(iii) Each report shall contain the following
information for the period of time between each report:
(A) The total number of arrests for alleged
criminal activity within a public transportation
authority that serves as the primary provider of
public passenger transportation in the county of the
first class.
(B) The total number of bills of information
filed for alleged violations within a public
transportation authority that serves as the primary
provider of public passenger transportation in the
county of the first class.
(C) The total number of convictions resulting
from prosecutions by the special prosecutor.
(D) Each sentence imposed for each conviction
for a crime committed within a public transportation
authority that serves as the primary provider of
public passenger transportation in the county of the
first class.
(10) A county of the first class in which a special
prosecutor is appointed under this section shall reimburse
the special prosecutor and the Office of Attorney General for
any expenses incurred while investigating or prosecuting an
alleged violation of the laws of this Commonwealth occurring
within a public transportation authority that serves as the
primary provider of public passenger transportation in the
county of the first class. For reimbursement, the special
prosecutor shall submit an itemized statement of expenses of
the special prosecutor and Office of Attorney General to the
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treasurer of the county of the first class, who shall pay the
expenses from the general funds of the county of the first
class within 30 days of receipt of the itemized statement.
Reimbursement under this section may not exceed actual
expenses incurred in prosecuting any action, including the
amount necessary to compensate the special prosecutor.
(11) A special prosecutor appointed under this section
shall receive compensation to be paid by the Office of
Attorney General at the per diem rate equal to the annual
rate of compensation payable to the district attorney of a
county of the first class. A special prosecutor shall be
entitled to the payment of travel expenses within this
Commonwealth.
(12) Notwithstanding section 1401(p) of the act of
August 9, 1955 (P.L.323, No.130), known as The County Code,
during the period in which a special prosecutor serves in a
county of the first class, the Commonwealth may not reimburse
that county for the salary of the district attorney of that
county. An amount equal to the reimbursement that would have
been made if no special prosecutor had been appointed shall
be used to reimburse the Office of Attorney General for the
compensation of the special prosecutor and any expenses
incurred for the purpose of carrying out the duties of the
special prosecutor.
(13) This section shall expire upon publication of the
notice under paragraph (8).
(14) The ATTORNEY GENERAL, THE county of the first
class, the district attorney of the first class and the
public transportation authority that serves as the primary
provider of public passenger transportation in the county of
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the first class must comply with this section until this
section expires under paragraph (13).
(15) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
GOVERNING BODY OF A POLITICAL SUBDIVISION OR PUBLIC OFFICIAL
MAY NOT ENACT OR ENFORCE AN ORDINANCE, EXECUTIVE ORDER OR
DIRECTIVE OR TAKE ANY OTHER OFFICIAL ACTION THAT WOULD BE
INCONSISTENT WITH THE PROVISIONS OF THIS SECTION OR DIRECT A
LAW ENFORCEMENT AGENCY WITH APPROPRIATE JURISDICTION TO NOT
ASSIST THE SPECIAL PROSECUTOR IF ABLE. AN ORDINANCE,
EXECUTIVE ORDER OR DIRECTIVE OR ANY OTHER OFFICIAL ACTION IN
VIOLATION OF THIS SECTION SHALL BE NULL AND VOID.
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"LAW ENFORCEMENT AGENCY." ANY OF THE FOLLOWING:
(1) A PUBLIC AGENCY OF A POLITICAL SUBDIVISION HAVING
GENERAL POLICE POWERS AND CHARGED WITH MAKING ARRESTS IN
CONNECTION WITH THE ENFORCEMENT OF THE CRIMINAL OR TRAFFIC
LAWS.
(2) A CAMPUS POLICE OR UNIVERSITY POLICE DEPARTMENT, AS
USED IN SECTION 2416 OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, CERTIFIED
BY THE OFFICE OF ATTORNEY GENERAL AS A CRIMINAL JUSTICE
AGENCY UNDER THE DEFINITION OF "CRIMINAL JUSTICE AGENCY" IN
18 PA.C.S. ยง 9102 (RELATING TO DEFINITIONS).
(3) A RAILROAD OR STREET RAILWAY POLICE DEPARTMENT
FORMED WITH OFFICERS COMMISSIONED UNDER 22 PA.C.S. CH. 33
(RELATING TO RAILROAD AND STREET RAILWAY POLICE) OR ANY PRIOR
STATUTE PROVIDING FOR THE COMMISSIONING.
(4) AN AIRPORT AUTHORITY POLICE DEPARTMENT.
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(5) A COUNTY PARK POLICE FORCE UNDER SECTION 2511(B) OF
THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS THE
COUNTY CODE.
Section 2. This act shall take effect immediately.
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