A00558
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
420
Session of
2021
INTRODUCED BY YAW, MARTIN, BAKER AND VOGEL, MARCH 12, 2021
REFERRED TO JUDICIARY, MARCH 12, 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 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. Section 1401(a) of the act of August 9, 1955
(P.L.323, No.130), known as The County Code, is amended and the
section is amended by adding a subsection to read:
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 and shall continually hold an active law license during
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the period when the individual is in office and shall have
resided in the county for which the district attorney is elected
or appointed for one year next preceding election or
appointment.
(b) The following shall apply:
(1) If a district attorney is disbarred, the office of
district attorney shall be vacant and shall be filled as
provided under section 1404 or, for a county of second class,
under section 1404 of the act of July 28, 1953 (P.L.723,
No.230), known as the Second Class County Code .
(2) If a district attorney's law license is suspended, the
office of district attorney shall not be vacant but the district
attorney shall be suspended from the office until the law
license of the district attorney is reinstated or the expiration
of the term of the district attorney, whichever is sooner. The
first assistant district attorney, if willing, qualified and
able, shall act as the district attorney. If the first assistant
district attorney is unwilling, unqualified or unable to serve,
the judges of the court of common pleas shall appoint a
competent person who satisfies the requirements of this section
to act as district attorney.
* * *
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] Except as provided under subsection (a.1), if a
vacancy occurs 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
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[supply] fill such vacancy by the appointment of a competent
person to fill the office during the balance of the unexpired
term.
(a.1) If a vacancy occurs in the office of district attorney
in a county of the second class A or third class because of the
disbarment of the district attorney or the suspension of the
district attorney's law license, 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 district
attorney's law license is reinstated, or if the district
attorney's law license is not reinstated, during the balance of
the unexpired term.
(b) [If any vacancy shall occur] Except as provided under
subsection (b.1), if a vacancy occurs in the office of district
attorney in a county of the fourth 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 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.
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( b.1) If a vacancy occurs in the office of district attorney
in a county of the fourth through eighth class because of the
disbarment of the district attorney or the suspension of the
district attorney's law license, the judges of the court of
common pleas shall, upon showing that the first assistant
district attorney satisfies the requirements of section 1401,
appoint the first assistant district attorney to fill the office
and to discharge the duties of the district attorney until the
district attorney's law license is reinstated or until the first
Monday in January following the next municipal election
occurring not less than ninety days after the occurrence of the
vacancy, whichever occurs first. If the first assistant district
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 district attorney's law license is
reinstated or until the first Monday in January following the
next municipal election occurring not less than ninety days
after the occurrence of the vacancy, whichever is first.
Section 3. The amendment of sections 1401(a) and 1404 of the
act shall apply to individuals taking the oath of office for
district attorney on or after the effective date of this
section.
Section 4 2. This act shall take effect immediately.
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