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A05380
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1655
Session of
2019
INTRODUCED BY ISAACSON, CIRESI, DONATUCCI, FREEMAN, HANBIDGE,
HILL-EVANS, HOHENSTEIN, HOWARD, KENYATTA, MARKOSEK,
McCLINTON, McNEILL, MERSKI, READSHAW, SAINATO, SAPPEY,
SCHLOSSBERG, SCHWEYER, ULLMAN AND YOUNGBLOOD, JUNE 19, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, providing for concurrent jurisdiction to
prosecute.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5562. Concurrent jurisdiction to prosecute.
In addition to the authority conferred upon the Attorney
General by the act of October 15, 1980 (P.L.950, No.164), known
as the Commonwealth Attorneys Act, the Attorney General may
investigate and institute criminal proceedings for a violation
of this subchapter. A person charged with a violation of this
subchapter by the Attorney General may not challenge the
authority of the Attorney General to investigate or prosecute
the case and, if a challenge is made, the challenge shall be
dismissed and no relief shall be made available in the courts of
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this Commonwealth to the person making the challenge.
§ 5562. Concurrent jurisdiction to prosecute.
In addition to the authority conferred upon the Attorney
General by the act of October 15, 1980 (P.L.950, No.164), known
as the Commonwealth Attorneys Act, the Attorney General shall
have the authority to investigate and institute criminal
proceedings for a felony offense under this subchapter if the
Attorney General requests in writing to prosecute the felony
offense under this subchapter in a criminal court or juvenile
delinquency court and:
(1) t he district attorney with jurisdiction over the
prosecution of the felony offense accepts the request in
writing; or
(2) all of the following occur:
(i) the district attorney with jurisdiction over the
prosecution of the felony offense fails to respond to the
request within 90 days of the date of the request;
(ii) the Attorney General sends a subsequent written
request by certified or registered mail to the district
attorney; and
(iii) the district attorney fails to respond to the
subsequent request within 10 days of the date of the
subsequent request.
Section 2. This act shall take effect in 60 days.
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