PRINTER'S NO. 727
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
652
Session of
2023
INTRODUCED BY COSTA, HUGHES, COLLETT, BREWSTER, SCHWANK,
SANTARSIERO, KANE, FONTANA, KEARNEY, COMITTA, TARTAGLIONE,
MUTH, STREET AND CAPPELLETTI, MAY 8, 2023
REFERRED TO JUDICIARY, MAY 8, 2023
AN ACT
Amending the act of October 15, 1980 (P.L.950, No.164), entitled
"A supplement to the act of April 9, 1929 (P.L.177, No.175),
entitled 'An act providing for and reorganizing the conduct
of the executive and administrative work of the Commonwealth
by the Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined,' implementing the addition
of section 4.1 to Article IV of the Constitution of
Pennsylvania; establishing the Office of Attorney General
elected by the citizens and setting forth powers and duties
of the Attorney General; creating an Office of General
Counsel and providing for legal services for Commonwealth
agencies; transferring, reorganizing or reconstituting
certain boards, commissions and agencies; placing certain
duties upon the courts and district attorneys; repealing
certain acts and parts of acts and making appropriations," in
Office of Attorney General, further providing for legal
advice and civil matters and for criminal prosecutions.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 204(c) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, is
amended to read:
Section 204. Legal advice and civil matters.
* * *
(c) Civil litigation; collection of debts.--The Attorney
General shall represent the Commonwealth and all Commonwealth
agencies and upon request, the Departments of Auditor General
and State Treasury and the Public Utility Commission in any
action brought by or against the Commonwealth or its agencies,
and may intervene in any other action, including those involving
charitable bequests and trusts or the constitutionality of any
statute. The Attorney General may investigate conduct that may
constitute a violation of the act of October 27, 1955 (P.L.744,
No.222), known as the "Pennsylvania Human Relations Act," when
the Attorney General determines that the matter is of Statewide
importance. In conducting an investigation of conduct that may
constitute a violation of the "Pennsylvania Human Relations
Act," the Attorney General may subpoena witness testimony,
documents and other evidence relevant to the investigation and
may invoke the aid of a court of competent jurisdiction to issue
an order requiring a subpoenaed person to comply. If the
Attorney General determines that a violation of the
"Pennsylvania Human Relations Act" occurred or is occurring, the
Attorney General may file an action in a court of jurisdiction
and shall represent the Commonwealth and its citizens in such
action where a violation of the "Pennsylvania Human Relations
Act" and any other civil rights law of the United States or the
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Commonwealth is involved. The Attorney General shall represent
the Commonwealth and its citizens in any action brought for
violation of the antitrust laws of the United States and the
Commonwealth. The Attorney General shall collect, by suit or
otherwise, all debts, taxes and accounts due the Commonwealth
which shall be referred to and placed with the Attorney General
for collection by any Commonwealth agency; the Attorney General
shall keep a proper docket or dockets, duly indexed, of all such
claims, showing whether they are in litigation and their nature
and condition. The Attorney General may, upon determining that
it is more efficient or otherwise is in the best interest of the
Commonwealth, authorize the General Counsel or the counsel for
an independent agency to initiate, conduct or defend any
particular litigation or category of litigation in his stead.
The Attorney General shall approve all settlements over such
maximum amounts as he shall determine arising out of claims
brought against the Commonwealth pursuant to 42 Pa.C.S. § 5110.
* * *
Section 2. Section 205(b) of the act is amended, subsection
(a) is amended by adding a paragraph and the section is amended
by adding a subsection to read:
Section 205. Criminal prosecutions.
(a) Prosecutions.--The Attorney General shall have the power
to prosecute in any county criminal court the following cases:
* * *
(9) Criminal charges involving ethnic intimidation as
provided for in 18 Pa.C.S. § 2710 (relating to ethnic
intimidation) and criminal charges under 18 Pa.C.S. (relating
to crimes and offenses) for an offense involving conduct that
may constitute a violation of the act of October 27, 1955
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(P.L.744, No.222), known as the "Pennsylvania Human Relations
Act."
(b) Concurrent jurisdiction to prosecute.--The Attorney
General shall have the concurrent prosecutorial jurisdiction
with the district attorney for cases arising under subsection
(a)(1), (2) [and], (6) and (9) and may refer to the district
attorney with his consent any violation or alleged violation of
the criminal laws of the Commonwealth which may come to his
notice.
(b.1) Assistance in ethnic intimidation cases.--Upon the
request of a district attorney who lacks the resources to
conduct an adequate investigation or the prosecution of a
criminal case or matter involving ethnic intimidation as
provided for in 18 Pa.C.S. § 2710, the Attorney General, in lieu
of assuming jurisdiction over the investigation or prosecution
under subsection (a)(3), may provide technical, forensic,
prosecutorial or any other form of assistance to the district
attorney in the investigation or the prosecution of the criminal
case or m atter.
* * *
Section 3. This act shall take effect in 60 days.
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