PRINTER'S NO. 66
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
84
Session of
2021
INTRODUCED BY MARTIN, BAKER, BROWNE, PHILLIPS-HILL, MENSCH,
SCAVELLO, ARGALL, DiSANTO AND PITTMAN, JANUARY 22, 2021
REFERRED TO JUDICIARY, JANUARY 22, 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 filling of vacancies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1404 of the act of August 9, 1955
(P.L.323, No.130), known as The County Code, amended September
28, 2020 (P.L.705, No.78), is amended to read:
Section 1404. Filling of Vacancies.--[(a) If any vacancy
shall occur in the office of district attorney in a county of
the second class A or third class, either by death, resignation,
removal from office or from the county, 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.
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(b)] If any vacancy shall occur in the office of district
attorney in a county of the [fourth] second class A through
eighth class, the judges of the court of common pleas shall,
upon a showing that the first assistant district attorney
satisfies the requirements of section 1401, appoint the first
assistant district attorney to fill the office of district
attorney and to 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, 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 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.
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.
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