An Act amending Titles 16 (Counties) and 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in district attorney, assistants and detectives, further providing for filling of vacancies; in general provisions relating to home rule and optional plan government, further providing for limitation on municipal powers; and, in general provisions common to optional plans, further providing for manner of filling vacancies in office.

PRINTER'S NO. 1655
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1423
Session of
2025
INTRODUCED BY PUGH, RYNCAVAGE, WATRO AND ROWE, MAY 7, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MAY 7, 2025
AN ACT
Amending Titles 16 (Counties) and 53 (Municipalities Generally)
of the Pennsylvania Consolidated Statutes, in district
attorney, assistants and detectives, further providing for
filling of vacancies; in general provisions relating to home
rule and optional plan government, further providing for
limitation on municipal powers; and, in general provisions
common to optional plans, further providing for manner of
filling vacancies in office.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 14304 of Title 16 of the Pennsylvania
Consolidated Statutes, added May 8, 2024 (P.L.50, No.14), is
amended to read:
§ 14304. Filling of vacancies.
If a vacancy occurs in the office of district attorney in a
county of the second A, third, fourth, fifth, sixth, seventh or
eighth class, the judges of the court of common pleas shall,
upon a showing that the first assistant district attorney
satisfies the requirements of section 14301 (relating to
district attorney, qualifications, eligibility and
compensation), appoint the first assistant district attorney to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
fill the office [of 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 90
days after the occurrence of the vacancy.] for the balance of
the unexpired term. If the first assistant district attorney is
unwilling or unable to serve or does not satisfy the
requirements of section 14301, the judges of the court of common
pleas shall fill the vacancy by the appointment of a competent
individual who satisfies the requirements of section 14301 to
fill the office [until the first Monday in January following the
next municipal election occurring not less than 90 days after
the occurrence of the vacancy.] for the balance of the unexpired
term.
Section 2. Sections 2962(a)(11) and 3132(b) of Title 53 are
amended to read:
§ 2962. Limitation on municipal powers.
(a) Powers granted by statute.--With respect to the
following subjects, the home rule charter shall not give any
power or authority to the municipality contrary to or in
limitation or enlargement of powers granted by statutes which
are applicable to a class or classes of municipalities:
* * *
(11) The office of district attorney or the procedure
for the filling of vacancies in the office of district
attorney.
* * *
§ 3132. Manner of filling vacancies in office.
* * *
(b) Other officers.--
(1) If a vacancy occurs in the office of executive
20250HB1423PN1655 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(mayor), municipal treasurer, if elected, municipal
controller, if elected, [county district attorney] or county
sheriff, if elected, the municipal council shall fill the
vacancy within 30 days thereafter by choosing an executive
(mayor), a municipal treasurer, a municipal controller[, a
county district attorney] or a county sheriff, as the case
may be, to serve until his successor is elected by the
qualified electors at the next municipal election occurring
at least 50 days after the vacancy occurs and is duly sworn
into office. The person so elected shall serve from the first
Monday of January next succeeding his election for the
remainder of the term of the person originally elected to the
office.
(2) If, by reason of a tie vote or otherwise, a vacancy
in the office of executive (mayor), treasurer, controller[,
county district attorney] or county sheriff has not been
filled by council within the time as limited in this
subsection, the court of common pleas, upon petition of ten
or more qualified electors, shall fill the vacancy by the
appointment of a qualified person for the portion of the
unexpired term as provided in this subsection.
Section 3. This act shall take effect immediately.
20250HB1423PN1655 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22