Regular Session 2021-2022 House Bill 0140 P.N. 3601

SENATE AMENDED

PRIOR PRINTER'S NOS. 106, 387, 3333

PRINTER'S NO. 3601

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

140

Session of

2021

INTRODUCED BY MALONEY, LONGIETTI, SANCHEZ, SIMS, WHEELAND,

D. WILLIAMS, MULLINS, KINSEY, HARKINS, HOHENSTEIN, SOLOMON,

STEPHENS, DOWLING, WHITE, B. MILLER, DALEY, SCHMITT,

T. DAVIS, INNAMORATO, KRAJEWSKI, O'MARA, HEFFLEY, KENYATTA,

DELLOSO AND SAMUELSON, JANUARY 13, 2021

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 25, 2022

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for additional parking regulations.

This act may be referred to as Susan's and Emily's Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3354(d)(2.1) and (f) 3354(D)(2.1), (F)

AND (H) of Title 75 of the Pennsylvania Consolidated Statutes

are amended and the section is amended by adding a subsection to

read:

§ 3354. Additional parking regulations.

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(b.1) Protected pedestrian plazas and pedalcycle lanes.--

(1) When there is an on-street pedestrian plaza or a

pedalcycle lane adjacent to the right-hand curb of a two-way

or one-way highway, a vehicle standing or parked upon the

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right-hand side of the two-way or one-way highway shall be

positioned in the direction of authorized traffic movement

with the right-hand wheels of the vehicle parallel to and

within 12 inches of the outside line of the buffer area

between the pedestrian plaza or pedalcycle lane and parking.

(2) When there is an on-street pedestrian plaza or a

pedalcycle lane adjacent to the left-hand curb of a one-way

or median-divided, two-way highway, a vehicle standing or

parked upon the left-hand side of the highway shall be

positioned in the direction of authorized traffic movement

with the left-hand wheels of the vehicle parallel to and

within 12 inches of the outside line of the buffer area

between the pedestrian plaza or pedalcycle lane and parking.

(3) Nothing under this section shall be deemed to

prevent a local authority from enacting parking regulations

under section 6109 (relating to specific powers of department

and local authorities) to provide for a special, alternative

or temporary configuration and signage for parking on a

highway with an on-street pedestrian plaza or pedalcycle

lane.

(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.

(4) (5) PRIOR TO DESIGN OR CONSTRUCTION OF A PROTECTED

PEDESTRIAN PLAZA OR PEDALCYCLE LANE UNDER THIS SUBSECTION,

THE POLITICAL SUBDIVISION AND DEPARTMENT SHALL PROVIDE

DEFERENCE TO THE FOLLOWING:

(I) BUSINESSES WHOSE FRONT OR REAR ENTRANCE IS

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FACING THE HIGHWAY FOR THE PURPOSES OF LOADING AND

UNLOADING PROPERTY OR PASSENGERS.

(II) ELECTRIC VEHICLE CHARGING INFRASTRUCTURE.

(5) (6) BEFORE A POLITICAL SUBDIVISION IN A COUNTY OF

THE SECOND THROUGH EIGHTH CLASS MAY DESIGN OR CONSTRUCT A

PROTECTED PEDESTRIAN PLAZA OR PROTECTED PEDALCYCLE LANE UNDER

THIS SUBSECTION, THE DEPARTMENT SHALL CERTIFY THAT THE

POLITICAL SUBDIVISION IS COMPLIANT WITH AND IS ENFORCING ALL

APPLICABLE PROVISIONS OF THIS TITLE. THE FOLLOWING SHALL

APPLY:

(I) A POLITICAL SUBDIVISION THAT HAS AN ORDINANCE

THAT IS INCONSISTENT WITH THIS TITLE OR CAUSES A

VIOLATION OF THIS TITLE, INCLUDING ANY ORDINANCE THAT

CREATES TIERED VIOLATIONS OF THIS TITLE, INCLUDING, BUT

NOT LIMITED TO, PRIMARY OR SECONDARY VIOLATIONS, SHALL BE

CONSIDERED TO BE A VIOLATION OF THIS SECTION.

(II) A POLITICAL SUBDIVISION THAT DIRECTS A POLICE

OFFICER TO NOT ENFORCE THE PROVISIONS OF THIS TITLE SHALL

BE CONSIDERED TO BE IN VIOLATION OF THIS SECTION.

(III) A POLITICAL SUBDIVISION THAT IS IN VIOLATION

OF THIS PARAGRAPH MAY NOT CONSTRUCT A PROTECTED

PEDESTRIAN PLAZA OR PEDALCYCLE LANE UNDER THIS

SUBSECTION. THE POLITICAL SUBDIVISION MAY CONSTRUCT THE

PROTECTED PEDESTRIAN PLAZA OR PEDALCYCLE LANE UNDER THIS

SUBSECTION IF THE DEPARTMENT DETERMINES THAT THE

POLITICAL SUBDIVISION IS COMPLIANT WITH THIS PARAGRAPH.

(6) (7) BEFORE A POLITICAL SUBDIVISION IN A COUNTY OF

THE FIRST CLASS MAY DESIGN OR CONSTRUCT A PROTECTED

PEDESTRIAN PLAZA OR PROTECTED PEDALCYCLE LANE UNDER THIS

SUBSECTION, THE FOLLOWING MUST OCCUR:

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(I) THE DEPARTMENT CERTIFIES THAT THE POLITICAL

SUBDIVISION IS COMPLIANT WITH AND IS ENFORCING ALL

APPLICABLE PROVISIONS OF THIS TITLE. THE FOLLOWING SHALL

APPLY:

(A) A POLITICAL SUBDIVISION THAT HAS AN

ORDINANCE THAT IS INCONSISTENT WITH THIS TITLE OR

CAUSES A VIOLATION OF THIS TITLE, INCLUDING ANY

ORDINANCE THAT CREATES TIERED VIOLATIONS OF THIS

TITLE, INCLUDING, BUT NOT LIMITED TO, PRIMARY OR

SECONDARY VIOLATIONS, SHALL BE CONSIDERED TO BE A

VIOLATION OF THIS SECTION.

(B) A POLITICAL SUBDIVISION THAT DIRECTS A

POLICE OFFICER TO NOT ENFORCE THE PROVISIONS OF THIS

TITLE SHALL BE CONSIDERED TO BE IN VIOLATION OF THIS

SECTION.

OF THIS PARAGRAPH MAY NOT CONSTRUCT A PROTECTED

PEDESTRIAN PLAZA OR PEDALCYCLE LANE UNDER THIS

SUBSECTION. THE POLITICAL SUBDIVISION MAY CONSTRUCT

THE PROTECTED PEDESTRIAN PLAZA OR PEDALCYCLE LANE

UNDER THIS SUBSECTION IF THE DEPARTMENT DETERMINES

THAT THE POLITICAL SUBDIVISION IS COMPLIANT WITH THIS

PARAGRAPH.

(II) THE ATTORNEY GENERAL 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

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APPLY:

(A) THE SPECIAL PROSECUTOR SHALL HAVE A MINIMUM

OF THREE YEARS' EXPERIENCE IN CRIMINAL PROSECUTIONS

WITHIN THIS COMMONWEALTH AND HAVE NOT BEEN EMPLOYED

BY THE DISTRICT ATTORNEY'S OFFICE OF THE COUNTY OF

THE FIRST CLASS WITHIN SIX YEARS OF THE ENACTMENT OF

THIS SECTION.

(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW

OR REGULATION, THE SPECIAL PROSECUTOR SHALL HAVE THE

AUTHORITY TO INVESTIGATE AND INSTITUTE CRIMINAL

PROCEEDINGS FOR A VIOLATION OF THE LAWS OF THIS

COMMONWEALTH. THE SPECIAL PROSECUTOR'S AUTHORITY

SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:

(I) PARTICIPATING IN COURT PROCEEDINGS AND

ENGAGING IN ANY CRIMINAL LITIGATION, THAT THE

SPECIAL PROSECUTOR CONSIDERS NECESSARY.

(II) APPEALING ANY DECISION OF A COURT IN

ANY CASE OR PROCEEDING IN WHICH THE SPECIAL

PROSECUTOR PARTICIPATES IN AN OFFICIAL CAPACITY.

(III) REVIEWING ALL AVAILABLE EVIDENCE.

(IV) MAKING APPLICATION TO THE APPROPRIATE

COURT FOR A GRANT OF IMMUNITY TO A WITNESS,

CONSISTENT WITH APPLICABLE STATUTORY

REQUIREMENTS, OR FOR WARRANTS, SUBPOENAS OR OTHER

COURT ORDERS.

(V) INITIATING AND CONDUCTING PROSECUTIONS

IN ANY COURT OF COMPETENT JURISDICTION, FILING

INFORMATION AND HANDLING ALL ASPECTS OF ANY CASE

IN THE NAME OF THE COMMONWEALTH.

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LAW BY THE SPECIAL PROSECUTOR SHALL HAVE STANDING TO

CHALLENGE THE AUTHORITY OF THE SPECIAL PROSECUTOR TO

PROSECUTE THE CASE, AND, IF ANY 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.

(D) THE APPOINTED SPECIAL PROSECUTOR SHALL SERVE

FOR THREE YEARS. THIS SUBSECTION SHALL NOT APPLY TO

ANY CASE INSTITUTED THREE YEARS AFTER THE EFFECTIVE

DATE OF THIS SUBSECTION.

(E) THE COUNTY OF THE FIRST CLASS MUST COMPLY

WITH THIS SUBSECTION FOR THE DURATION OF THE SPECIAL

PROSECUTOR'S APPOINTMENT.

(F) THE SPECIAL PROSECUTOR SHALL COMPILE A

REPORT 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. THE FOLLOWING SHALL APPLY:

(I) THE INITIAL REPORT SHALL BE SUBMITTED NO

LATER THAN 90 DAYS FOLLOWING APPOINTMENT.

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.

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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) 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 SHALL PASS A CONCURRENT RESOLUTION IN

OPPOSITION OF THE REPORT. FOLLOWING THE PASSAGE

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.

(G) THE REQUIREMENTS UNDER THIS SUBPARAGRAPH

SHALL EXPIRE THREE YEARS FOLLOWING THE APPOINTMENT OF

THE SPECIAL PROSECUTOR.

(II) THE SPECIAL PROSECUTOR SELECTION PANEL

ESTABLISHED UNDER CLAUSE (A) HAS APPOINTED A SPECIAL

PROSECUTOR IN THE COUNTY OF THE FIRST CLASS TO

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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:

(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.

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(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.

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.

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

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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

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

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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

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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

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

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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.

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

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OF THE HOUSE OF 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.

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

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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

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

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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).

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(d) Person with a disability and disabled veterans.--

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(2.1) Local authorities may limit access to a parking

space reserved under paragraph (2) to a specific vehicle,

license plate or other method of designation. Under this

paragraph, local authorities may charge a reasonable fee and

shall comply with section 6109 [(relating to specific powers

of department and local authorities)] and the Americans with

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Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).

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(f) Penalty.--A person violating subsection (a), (b), (b.1)

or (d)(1) is guilty of a summary offense and shall, upon

conviction, be sentenced to pay a fine of not more than $15. A

person violating subsection (d)(2) or (3) or (e) is guilty of a

summary offense and shall, upon conviction, be sentenced to pay

a fine of not less than $50 nor more than $200. If a person is

convicted under subsection (d)(2) or (3) in the absence of a

sign stating the penalty amount, the fine imposed may not exceed

$50. A person violating subsection (d.1) is guilty of a summary

offense and shall, upon conviction, be sentenced to pay a fine

of not less than $100 nor more than $300.

* * *

(H) 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:

"ACCESS AISLE." A PHYSICAL AREA MARKED IN ACCORDANCE WITH

DEPARTMENTAL REGULATIONS:

(1) DESIGNATED BY WHITE OR BLUE PAVEMENT MARKING HASH

MARKS, CROSS-HATCHING OR OTHER SIMILAR VISUAL NO-PARKING

INDICATORS;

(2) WHICH PROVIDES ADDITIONAL SPACE FOR A PERSON USING A

WHEELCHAIR, WHEELCHAIR LIFT OR OTHER MOBILITY DEVICE; AND

(3) WHICH IS LOCATED ADJACENT TO A PARKING SPACE

RESERVED FOR A PERSON WITH A DISABILITY.

"PANEL." THE SPECIAL PROSECUTOR SELECTION PANEL ESTABLISHED

UNDER SECTION 3354(B.1)(7)(II).

"PERSON WITH A DISABILITY." A PERSON ISSUED A PLATE OR

PLACARD.

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"PLATE OR PLACARD." A PLATE OR PLACARD ISSUED UNDER:

(1) SECTION 1338 (RELATING TO PERSON WITH DISABILITY

PLATE AND PLACARD).

(2) SECTION 1342(A) OR (B) (RELATING TO VETERAN PLATES

AND PLACARD).

"POLITICAL SUBDIVISION." A COUNTY, CITY, BOROUGH,

INCORPORATED TOWN, TOWNSHIP OR HOME RULE MUNICIPALITY IN THIS

COMMONWEALTH.

"SPECIAL PROSECUTOR." AN ATTORNEY APPOINTED BY THE PANEL IN

ACCORDANCE WITH SECTION 3354(B.1)(7)(II).

Section 2. This act shall take effect in 60 days.

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