PRINTER'S NO. 972
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
962
Session of
2021
INTRODUCED BY OWLETT AND PICKETT, MARCH 18, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 18, 2021
AN ACT
Amending the act of July 28, 1953 (P.L.723, No.230), entitled
"An act relating to counties of the second class and second
class A; amending, revising, consolidating and changing the
laws relating thereto," in district attorney, assistants and
detectives, further providing for filling of vacancies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1404 of the act of July 28, 1953
(P.L.723, No.230), known as the Second Class County Code, is
amended to read:
Section 1404. Filling of Vacancies.--(a) If any vacancy
shall occur in the office of district attorney, either by death,
resignation, removal from office or from the county, suspension
of a Pennsylvania law license, disbarment or otherwise, [the
judges of the court of common pleas shall supply such vacancy by
the appointment of a competent person to fill the office during
the balance of the unexpired term.] the first assistant district
attorney shall , upon a showing that the first assistant district
attorney satisfies the requirements of section 1401 of the act
of August 9, 1955 (P.L.323, No.130), known as The County Code,
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become district attorney and discharge the duties of the
district attorney until the first Monday in January following
the next municipal election occurring not less than ninety days
after the occurrence of the vacancy. If the first assistant
district attorney is unwilling or unable to serve or does not
satisfy the requirements of section 1401 of The County Code , the
judges of the court of common pleas shall fill the vacancy by
the appointment of a competent person who satisfies the
requirements of section 1401 of The County Code to fill the
office until the first Monday in January following the next
municipal election occurring not less than ninety days after the
occurrence of the vacancy.
(b) If a district attorney does not possess an active
Pennsylvania law license because of the suspension of the law
license or disbarment while in office, the suspended or
disbarred district attorney shall regain the office of district
attorney if the Pennsylvania law license has been reinstated and
becomes active and if all other qualifications are met and shall
serve the remainder of the term during which the district
attorney was suspended or disbarred.
Section 2. The amendment of section 1404 of the act shall
apply to vacancies occurring on or after the effective date of
this section.
Section 3. This act shall take effect immediately.
20210HB0962PN0972 - 2 -
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