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2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 8 - SECOND CLASS COUNTY CODE - FILLING OF VACANCIES

Universal Citation: Act of Mar. 23, 2021, P.L. 34, No. 8
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Session of 2021

No. 2021-8

 

SB 85

 

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.--If any vacancy shall occur in the office of district attorney, 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.] 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, 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.

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.

 

APPROVED--The 23rd day of March, A.D. 2021.

 

TOM WOLF

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