H0140B3333A05837 PWK:EJH 10/25/22 #90 A05837
AMENDMENTS TO HOUSE BILL NO. 140
Sponsor: SENATOR LANGERHOLC
Printer's No. 3333
Amend Bill, page 2, by inserting between lines 20 and 21
(4) Nothing under this section shall be deemed to apply
to the stopping or standing of school buses or school
vehicles when receiving or discharging school students. A
school bus or school vehicle may stop or stand as close as
practicable to the curb or shoulder.
Amend Bill, page 2, line 21, by striking out "(4)" and
inserting
(5)
Amend Bill, page 2, line 29, by striking out "(5)" and
inserting
(6)
Amend Bill, page 3, line 22, by striking out "(6)" and
inserting
(7)
Amend Bill, page 4, lines 19 through 30; pages 5 and 6, lines
1 through 30; page 7, lines 1 through 22; by striking out all of
said lines on said pages and inserting
(ii) The Special Prosecutor Selection Panel
established under clause (A) has appointed a special
prosecutor in the county of the first class 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. The following shall
apply:
(A) The Special Prosecutor Selection Panel is
established for the purpose of selecting a special
prosecutor, to which the following shall apply:
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(I) The panel shall be composed of one judge
of the Superior Court and two judges, which may
include senior judges, of the courts of common
pleas of this Commonwealth.
(II) The members of the panel shall be
chosen by lot.
(III) The procedure for selecting the panel
shall be determined and supervised by the Court
Administrator of Pennsylvania in the
Administrative Office of Pennsylvania Courts.
(IV) The Administrative Office of
Pennsylvania Courts shall disclose to the public
the membership of the panel by posting the
membership of the panel on the office's publicly
accessible Internet website and by transmitting
notice of the membership of the panel to the
Legislative Reference Bureau for publication in
the Pennsylvania Bulletin.
(V) Within 30 days of the effective date of
this subsection, the panel shall select a special
prosecutor in accordance with this section.
(VI) All decisions of the panel shall be by
majority vote of the members of the panel.
(VII) A member of the panel who participated
in a function conferred on the panel under this
section involving a special prosecutor shall not
be eligible to participate in any judicial or
disciplinary proceeding concerning a matter that
involves the special prosecutor or the exercise
of the special prosecutor's official duties,
notwithstanding whether the special prosecutor is
still serving in that office.
(B) The special prosecutor must:
(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
within six years of the effective date of this
subparagraph.
(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.
(C) Notwithstanding any other provision of law
or regulation, a special prosecutor shall have the
authority to investigate and prosecute, and has
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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:
(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).
(D) 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 in carrying out the
functions of the special prosecutor. The Pennsylvania
State Police shall provide assistance, which may
include the use of resources and personnel necessary
to perform the duties of the special prosecutor.
(E) A special prosecutor may assert preemptive
prosecutorial jurisdiction over any criminal actions
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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
clause, 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
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.
(F) 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.
(G) If a vacancy in office arises by reason of
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the resignation, death or removal for any other
reason of a special prosecutor, the panel shall
appoint a replacement within 30 days.
(H) 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 proceeding.
(I) No new action or proceeding may be initiated
by a special prosecutor under this section after
December 31, 2025. Notice of final disposition of the
last remaining action or proceeding initiated under
this section prior to December 31, 2025, shall be
transmitted to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
(J) 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 Representatives.
(III) Each report shall contain the
following information for the period of time
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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.
(IV) If, at any time, the General Assembly
finds the contents of the report to be
unsatisfactory, including if the special
prosecutor has been found not to reduce crime or
result in successful prosecutions, the General
Assembly may pass a concurrent resolution in
opposition of the report. Following adoption of
the concurrent resolution, the department shall
prohibit the construction of protected pedestrian
plazas and pedalcycle lanes in the county of the
first class until the General Assembly passes a
concurrent resolution in support of a subsequent
report.
(K) A county of the first class in which a
special prosecutor is appointed under this
subparagraph 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 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
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section may not exceed actual expenses incurred in
prosecuting any action, including the amount
necessary to compensate the special prosecutor.
(L) A special prosecutor appointed under this
subparagraph 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.
(M) 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.
(N) This subparagraph shall expire upon
publication of the notice under clause (I).
(O) The county of the first class must comply
with this subsection until this subparagraph expires
under clause (N).
Amend Bill, page 8, by inserting between lines 27 and 28
"Panel." The Special Prosecutor Selection Panel established
under section 3354(b.1)(7)(ii).
Amend Bill, page 9, by inserting between lines 7 and 8
"Special prosecutor." An attorney appointed by the panel in
accordance with section 3354(b.1)(7)(ii).
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