2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 88 - COUNTY CODE - DISTRICT ATTORNEY, QUALIFICATIONS, ELIGIBILITY AND COMPENSATION

Session of 2021

No. 2021-88

SB 420

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 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)  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.

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Section 2.  This act shall take effect immediately.

APPROVED--The 17th day of November, A.D. 2021.

TOM WOLF