2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 78 - COUNTY CODE - FILING OF VACANCIES

Session of 2020

No. 2020-78

SB 902

AN ACT

Amending the act of August 9, 1955 (P.L.323, No.130), entitled, as amended, "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(b) of the act of August 9, 1955 (P.L.323, No.130), known as The County Code, is amended to read:

Section 1404.  Filling of Vacancies.--* * *

(b)  If any vacancy shall occur in the office of district attorney in a county of the fourth through eighth class, the judges of the court of common pleas shall, upon a showing that the first assistant district attorney [shall become] 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.  This act shall take effect in 60 days.

APPROVED--The 28th day of September, A.D. 2020.

TOM WOLF