HOUSE AMENDED
PRIOR PRINTER'S NOS. 419, 487
PRINTER'S NO. 1110
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
420
Session of
2021
INTRODUCED BY YAW, MARTIN, BAKER, VOGEL, GORDNER, PITTMAN,
YUDICHAK AND MENSCH, MARCH 12, 2021
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 2021
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 district attorney, assistants and detectives, further
providing for district attorney, qualifications, eligibility
and compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1401(a) of the act of August 9, 1955
(P.L.323, No.130), known as The County Code, is amended and the
section is amended by adding a subsection 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
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Commonwealth for at least one year prior to taking the oath of
office and shall continually hold an active law license during
the period when the individual is in office and shall have
resided in the county for which the district attorney is elected
or appointed for one year next preceding election or
appointment.
(b) The following shall apply:
(1) If a district attorney is disbarred, the office of
district attorney shall be vacant and shall be filled as
provided under section 1404 or, for a county of the second
class, under section 1404 of the act of July 28, 1953 (P.L.723,
No.230), known as the Second Class County Code . OR, FOR A COUNTY
OF THE FIRST CLASS, UNDER SECTION 3 OF THE ACT OF MAY 3, 1850
(P.L.654, NO.385), ENTITLED "AN ACT PROVIDING FOR THE ELECTION
OF DISTRICT ATTORNEYS."
(2) If NOTWITHSTANDING ANY LAW APPLICABLE TO ANY CLASS OR
CLASSES OF COUNTY TO THE CONTRARY, IF a district attorney's law
license is suspended, the office of district attorney shall not
be vacant but the district attorney shall be suspended from the
office until the law license of the district attorney is
reinstated or the expiration of the term of the district
attorney, whichever is sooner. The first assistant district
attorney, if willing, qualified and able, shall act as the
district attorney. If the first assistant district attorney is
unwilling, unqualified or unable to serve, the judges of the
court of common pleas shall appoint a competent person who
satisfies the requirements of this section to act as district
attorney.
* * *
Section 2. This act shall take effect immediately.
20210SB0420PN1110 - 2 -
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