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PRINTER'S NO. 4090
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2664
Session of
2020
INTRODUCED BY WHITE, TOMLINSON, GLEIM, BROOKS, M. K. KELLER,
BARRAR AND COOK, JULY 8, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JULY 8, 2020
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 preliminary provisions, further providing for
applicability; in county officers, further providing for
enumeration of elected officers, providing for appointment of
district attorneys in counties of the first class; and, 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. Sections 102(a) and 401(a)(11) of the act of
August 9, 1955 (P.L.323, No.130), known as The County Code, are
amended to read:
Section 102. Applicability.--(a) Except incidentally, as in
sections 108, 201, 210, 211, 401 [and], 401.1, 1401 and
1404(a.1) or as provided in section 1770.12, Article XII-B and
Article XXX, this act does not apply to counties of the first or
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second classes.
* * *
Section 401. Enumeration of Elected Officers.--(a) In each
county, there shall be the following officers elected by the
qualified electors of the county:
* * *
(11) One district attorney[.], except in counties of the
first class that have adopted a home rule charter which shall be
subject to section 401.1.
* * *
Section 2. The act is amended by adding a section to read:
Section 401.1. Appointment of District Attorneys in Counties
of the First Class.--In each county of the first class that has
adopted a home rule charter, there shall be one district
attorney, appointed by the Governor with the advice and consent
of the Senate, who must be a resident of the county of the first
class.
Section 3. Section 1401(a) of the act is amended 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, in a county of the first class that has adopted a home
rule charter shall have five years of experience as a prosecutor
in this Commonwealth, and shall have resided in the county for
which the district attorney is elected or appointed for one year
next preceding election or appointment.
* * *
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Section 4. Section 1404 of the act is amended by adding a
subsection to read:
Section 1404. Filling of Vacancies.--* * *
(a.1) If any vacancy shall occur in the office of district
attorney in a county of the first class that has adopted a home
rule charter, the first district attorney shall become district
attorney and discharge the duties of the district attorney until
the Governor with the advice and consent of the Senate appoints
a qualified individual as district attorney for the county.
* * *
Section 5. This act shall take effect in 60 days.
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