Trial Engrossment of Amendment A02385 to Senate Bill 0420 P.N. 0487, Regular Session 2021-2022

A02385

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

420

Session of

2021

INTRODUCED BY YAW, MARTIN, BAKER, VOGEL, GORDNER, PITTMAN,

YUDICHAK AND MENSCH, MARCH 12, 2021

SENATOR BAKER, JUDICIARY, AS AMENDED, MARCH 23, 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

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 THE SECOND

CLASS, UNDER SECTION 1404 OF THE ACT OF JULY 28, 1953 (P.L.723,

NO.230), KNOWN AS THE SECOND CLASS COUNTY CODE . or, for a county

of the first class, under section 3 of the act of May 3, 1850

(P.L.654, No.385), entitled "An act providing for the election

of district attorneys."

(2) IF Notwithstanding any law applicable to any class or

classes of county to the contrary, 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:

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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

[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

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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.

( 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.

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Section 4 2. This act shall take effect immediately.

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