PRINTER'S NO. 1898
No. 1489 Session of 1996
INTRODUCED BY BELL, APRIL 4, 1996
REFERRED TO JUDICIARY, APRIL 4, 1996
AN ACT
1 Amending the act of October 15, 1980 (P.L.950, No.164), entitled
2 "A supplement to the act of April 9, 1929 (P.L.177, No.175),
3 entitled 'An act providing for and reorganizing the conduct
4 of the executive and administrative work of the Commonwealth
5 by the Executive Department thereof and the administrative
6 departments, boards, commissions, and officers thereof,
7 including the boards of trustees of State Normal Schools, or
8 Teachers Colleges; abolishing, creating, reorganizing or
9 authorizing the reorganization of certain administrative
10 departments, boards, and commissions; defining the powers and
11 duties of the Governor and other executive and administrative
12 officers, and of the several administrative departments,
13 boards, commissions, and officers; fixing the salaries of the
14 Governor, Lieutenant Governor, and certain other executive
15 and administrative officers; providing for the appointment of
16 certain administrative officers, and of all deputies and
17 other assistants and employes in certain departments, boards,
18 and commissions; and prescribing the manner in which the
19 number and compensation of the deputies and all other
20 assistants and employes of certain departments, boards and
21 commissions shall be determined,' implementing the addition
22 of section 4.1 to Article IV of the Constitution of
23 Pennsylvania; establishing the Office of Attorney General
24 elected by the citizens and setting forth powers and duties
25 of the Attorney General; creating an Office of General
26 Counsel and providing for legal services for Commonwealth
27 agencies; transferring, reorganizing or reconstituting
28 certain boards, commissions and agencies; placing certain
29 duties upon the courts and district attorneys; repealing
30 certain acts and parts of acts and making appropriations,"
31 further providing for criminal prosecutions.
32 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 205 of the act of October 15, 1980
3 (P.L.950, No.164), known as the Commonwealth Attorneys Act, is
4 amended by adding a subsection to read:
5 Section 205. Criminal prosecutions.
6 * * *
7 (a.1) Prosecutions in Commonwealth Court.--If a district
8 attorney does not prosecute a criminal action or institute
9 criminal proceedings in a matter in which an administrative
10 agency of the Commonwealth has enforcement or investigative
11 authority within 180 days of the request of the agency, the
12 Attorney General may supersede the district attorney, upon his
13 approval, in order to prosecute the criminal action or institute
14 the criminal proceedings in Commonwealth Court.
15 * * *
16 Section 2. This act shall take effect in 60 days.
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