PRINTER'S NO. 4241
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2772
Session of
2020
INTRODUCED BY OTTEN, A. DAVIS, McNEILL, YOUNGBLOOD, ROZZI, SIMS,
HILL-EVANS AND CIRESI, AUGUST 13, 2020
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 13, 2020
A SUPPLEMENT
Amending the act of October 15, 1980 (P.L.950, No.164), entitled
"A supplement to the act of April 9, 1929 (P.L.177, No.175),
entitled "An act providing for and reorganizing the conduct
of the executive and administrative work of the Commonwealth
by the Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," implementing the addition
of section 4.1 to Article IV of the Constitution of
Pennsylvania; establishing the Office of Attorney General
elected by the citizens and setting forth powers and duties
of the Attorney General; creating an Office of General
Counsel and providing for legal services for Commonwealth
agencies; transferring, reorganizing or reconstituting
certain boards, commissions and agencies; placing certain
duties upon the courts and district attorneys; repealing
certain acts and parts of acts and making appropriations," in
Office of Attorney General, further providing for criminal
prosecutions.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. Section 205(a) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, is
amended by adding a paragraph and subsection (b) is amended to
read:
Section 205. Criminal prosecutions.
(a) Prosecutions.--The Attorney General shall have the power
to prosecute in any county criminal court the following cases:
* * *
(6.1) Criminal charges, regardless of whether
investigated and referred to him by a Commonwealth agency,
arising out of enforcement provisions of an environmental law
or regulation.
* * *
(b) Concurrent jurisdiction to prosecute.--The Attorney
General shall have the concurrent prosecutorial jurisdiction
with the district attorney for cases arising under subsection
(a)(1), (2), [and] (6) and (6.1) and may refer to the district
attorney with his consent any violation or alleged violation of
the criminal laws of the Commonwealth which may come to his
notice.
* * *
Section 2. This act shall take effect in 60 days.
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