2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 40 - TRANSPORTATION (74 PA.C.S.) - SPECIAL PROSECUTOR FOR MASS TRANSIT

Session of 2023
No. 2023-40
SB 140
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, in metropolitan
            transportation authorities, providing for special prosecutor for mass transit.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  Title 74 of the Pennsylvania Consolidated Statutes is amended by adding a section
            to read:
§ 1786.  Special prosecutor for mass transit.
(a)  Special prosecutor.--Within 30 days of the effective date of this section, the Attorney
            General shall appoint a special prosecutor to investigate and institute criminal proceedings
            for a violation of the laws of this Commonwealth occurring within a public transportation
            authority that serves as the primary provider of public passenger transportation in
            the county of the first class in accordance with this section. The following shall
            apply to the special prosecutor:
(1)  The special prosecutor must:
(i)  Be a member in good standing of the bar of this Commonwealth for a minimum of 10 years.
(ii)  Have a minimum of five years of experience in criminal prosecutions in this Commonwealth.
(iii)  Not have been employed by the district attorney's office in a county of the first
            class or the Office of Attorney General within six years of the effective date of
            this section.
(iv)  Possess the character and fitness compatible with the standards expected to be observed
            by members of the bar of this Commonwealth.
(v)  Be a resident of the county in which the special prosecutor shall serve.
(2)  Notwithstanding any other provision of law or regulation, a special prosecutor shall
            have the authority to investigate and prosecute, and has jurisdiction over, any criminal
            matter involving an alleged violation of the laws of this Commonwealth occurring within
            a public transportation authority that serves as the primary provider of public passenger
            transportation in the county of the first class. The special prosecutor's prosecutorial
            jurisdiction shall include the power and independent authority to exercise all investigative
            and prosecutorial functions and powers of an office of the district attorney of a
            county of the first class and any other officer or employee of the office of the district
            attorney in the county of the first class. The special prosecutor's authority shall
            include, but not be limited to, the following:
(i)  Investigative and prosecutorial functions and powers shall include the following:
(A)  Conducting proceedings before grand juries and other investigations.
(B)  Participating in court proceedings and engaging in any litigation, including civil
            and criminal matters, that the special prosecutor considers necessary.
(C)  Initiating and conducting prosecutions in any court of competent jurisdiction, appealing
            any decision of a court in a proceeding in which the special prosecutor participates
            and handling all aspects of any case in the name of the Commonwealth.
(D)  Reviewing all documentary evidence available from any source.
(E)  Making applications to a State court for a grant of immunity to a witness, consistent
            with applicable statutory requirements, or for warrants, subpoenas or other court
            orders.
(ii)  (Reserved).
(3)  For the purposes of carrying out the duties of the Office of Special Prosecutor, a
            special prosecutor may use facilities, resources and personnel of the Attorney General,
            including investigators, attorneys and necessary experts, to assist with a criminal
            investigation or prosecution. A special prosecutor may request assistance from the
            Pennsylvania State Police or any law enforcement agency with appropriate jurisdiction
            in carrying out the functions of the special prosecutor. The Pennsylvania State Police
            or any law enforcement agency with appropriate jurisdiction may provide assistance,
            which may include the use of resources and personnel necessary to perform the duties
            of the special prosecutor.
(4)  A special prosecutor may assert preemptive prosecutorial jurisdiction over any criminal
            actions or proceedings involving alleged violations of the laws of this Commonwealth
            occurring within a public transportation authority that serves as the primary provider
            of public passenger transportation in the county of the first class. The following
            shall apply:
(i)  An assertion of preemptive prosecutorial jurisdiction under this section shall be
            within the sole discretion of the special prosecutor.
(ii)  In cases in which a special prosecutor asserts preemptive prosecutorial jurisdiction
            under this section, no other prosecuting entity for the Commonwealth shall have authority
            to act, except as authorized by the special prosecutor.
(iii)  A special prosecutor may not assert preemptive prosecutorial jurisdiction under this
            section in a case where jurisdiction also exists in a county other than a county of
            the first class unless the special prosecutor requests in writing to the district
            attorney in the county other than the county of the first class to assert preemptive
            prosecutorial jurisdiction and the district attorney in the county other than the
            county of the first class accepts the request in writing.
(iv)  When a special prosecutor asserts preemptive prosecutorial jurisdiction under this
            subparagraph, the office of the district attorney in a county of the first class shall
            suspend all investigations and proceedings regarding the matter and shall turn over
            to the special prosecutor all materials, files and other data relating to the matter.
(v)  Notwithstanding any other law or court rule, prior approval of the district attorney
            of a county of the first class or an employee of the district attorney of a county
            of the first class shall not be required prior to the filing of any criminal complaint
            or arrest warrant affidavit, or both, involving any violation of the laws of this
            Commonwealth occurring within a public transportation authority that serves as the
            primary provider of public passenger transportation in the county of the first class.
(5)  No person charged with a violation of the law by a special prosecutor shall have standing
            to challenge the authority of the special prosecutor to prosecute the case. If a challenge
            is made, the challenge shall be dismissed and no relief shall be available in the
            courts of this Commonwealth to the individual making the challenge.
(6)  If a vacancy in office arises by reason of the resignation, death or removal for any
            other reason of a special prosecutor, the Attorney General shall appoint a replacement
            within 30 days.
(7)  Each law enforcement agency with jurisdiction in a county of the first class shall
            notify a special prosecutor of any arrest or other criminal action or proceeding involving
            an alleged violation of the laws of this Commonwealth occurring within a public transportation
            authority that serves as the primary provider of public passenger transportation in
            the county of the first class within 48 hours of the arrest or of instituting the
            action or proceeding.
(8)  No new action or proceeding may be initiated by a special prosecutor under this section
            after December 31, 2026. Notice of final disposition of the last remaining action
            or proceeding initiated under this section prior to December 31, 2026, shall be transmitted
            to the Legislative Reference Bureau for publication in the next available issue of
            the Pennsylvania Bulletin.
(9)  The special prosecutor shall compile reports related to the criminal activity and
            administrative proceedings within a public transportation authority that serves as
            the primary provider of public passenger transportation in the county of the first
            class, to which the following shall apply:
(i)  An initial report shall be submitted no later than 90 days following appointment of
            the special prosecutor. Following the initial report, annual reports shall be submitted
            to the General Assembly.
(ii)  Reports shall be submitted to the following:
(A)  The President pro tempore of the Senate.
(B)  The Speaker of the House of Representatives.
(C)  The chairperson and minority chairperson of the Judiciary Committee of the Senate.
(D)  The chairperson and minority chairperson of the Judiciary Committee of the House of
            Representatives.
(E)  The chairperson and minority chairperson of the Transportation Committee of the Senate.
(F)  The chairperson and minority chairperson of the Transportation Committee of the House
            of Representatives.
(iii)  Each report shall contain the following information for the period of time between
            each report:
(A)  The total number of arrests for alleged criminal activity within a public transportation
            authority that serves as the primary provider of public passenger transportation in
            the county of the first class.
(B)  The total number of bills of information filed for alleged violations within a public
            transportation authority that serves as the primary provider of public passenger transportation
            in the county of the first class.
(C)  The total number of convictions resulting from prosecutions by the special prosecutor.
(D)  Each sentence imposed for each conviction for a crime committed within a public transportation
            authority that serves as the primary provider of public passenger transportation in
            the county of the first class.
(10)  A county of the first class in which a special prosecutor is appointed under this
            section shall reimburse the special prosecutor and the Office of Attorney General
            for any expenses incurred while investigating or prosecuting an alleged violation
            of the laws of this Commonwealth occurring within a public transportation authority
            that serves as the primary provider of public passenger transportation in the county
            of the first class. For reimbursement, the special prosecutor shall submit an itemized
            statement of expenses of the special prosecutor and Office of Attorney General to
            the treasurer of the county of the first class, who shall pay the expenses from the
            general funds of the county of the first class within 30 days of receipt of the itemized
            statement. Reimbursement under this section may not exceed actual expenses incurred
            in prosecuting any action, including the amount necessary to compensate the special
            prosecutor.
(11)  A special prosecutor appointed under this section shall receive compensation to be
            paid by the Office of Attorney General at the per diem rate equal to the annual rate
            of compensation payable to the district attorney of a county of the first class. A
            special prosecutor shall be entitled to the payment of travel expenses within this
            Commonwealth.
(12)  Notwithstanding section 1401(p) of the act of August 9, 1955 (P.L.323, No.130), known
            as The County Code, during the period in which a special prosecutor serves in a county
            of the first class, the Commonwealth may not reimburse that county for the salary
            of the district attorney of that county. An amount equal to the reimbursement that
            would have been made if no special prosecutor had been appointed shall be used to
            reimburse the Office of Attorney General for the compensation of the special prosecutor
            and any expenses incurred for the purpose of carrying out the duties of the special
            prosecutor.
(13)  This section shall expire upon publication of the notice under paragraph (8).
(14)  The Attorney General, the county of the first class, the district attorney of the
            first class and the public transportation authority that serves as the primary provider
            of public passenger transportation in the county of the first class must comply with
            this section until this section expires under paragraph (13).
(15)  Notwithstanding any other provision of law, a governing body of a political subdivision
            or public official may not enact or enforce an ordinance, executive order or directive
            or take any other official action that would be inconsistent with the provisions of
            this section or direct a law enforcement agency with appropriate jurisdiction to not
            assist the special prosecutor if able. An ordinance, executive order or directive
            or any other official action in violation of this section shall be null and void.
(b)  Definitions.--As used in this section, the following words and phrases shall have
            the meanings given to them in this subsection unless the context clearly indicates
            otherwise:
"Law enforcement agency."  Any of the following:
(1)  A public agency of a political subdivision having general police powers and charged
            with making arrests in connection with the enforcement of the criminal or traffic
            laws.
(2)  A campus police or university police department, as used in section 2416 of the act
            of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, certified
            by the Office of Attorney General as a criminal justice agency under the definition
            of "criminal justice agency" in 18 Pa.C.S. § 9102 (relating to definitions).
(3)  A railroad or street railway police department formed with officers commissioned under
            22 Pa.C.S. Ch. 33 (relating to railroad and street railway police) or any prior statute
            providing for the commissioning.
(4)  An airport authority police department.
(5)  A county park police force under section 2511(b) of The County Code.
Section 2.  This act shall take effect immediately.
APPROVED--The 14th day of December, A.D. 2023.
JOSH SHAPIRO