§ 1786. Special prosecutor for mass transit
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 74 Pa.C.S.A. TransportationEffective: December 14, 2023
Effective: December 14, 2023
74 Pa.C.S.A. § 1786
§ 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:
(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:
(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:
(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.
(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.
(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),1 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.
(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.
“Law enforcement agency.” Any of the following:
(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),2 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).
(5) A county park police force under section 2511(b) of The County Code.3
Credits
2023, Dec. 14, P.L. 369, No. 40, § 1, imd. effective.
74 Pa.C.S.A. § 1786, PA ST 74 Pa.C.S.A. § 1786
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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