HB 1186 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in general provisions relating to criminal proceedings, establishing the Adjunct Prosecutor Division within the Office of Attorney General; providing for its powers and duties; and establishing the Adjunct Prosecutor Division Restricted Account.

PRINTER'S NO.   1335

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1186
                                                  Session of
                                                    2025

     INTRODUCED BY DELOZIER, APRIL 9, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, APRIL 9, 2025


                                      AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in general provisions
 3      relating to criminal proceedings, establishing the Adjunct
 4      Prosecutor Division within the Office of Attorney General;
 5      providing for its powers and duties; and establishing the
 6      Adjunct Prosecutor Division Restricted Account.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Chapter 87 of Title 42 of the Pennsylvania
10   Consolidated Statutes is amended by adding a subchapter to read:
11                                 SUBCHAPTER C
12                          OFFICE OF ATTORNEY GENERAL
13   Sec.
14   8731.   Scope of subchapter.
15   8732.   Definitions.
16   8733.   Adjunct Prosecutor Division.
17   8734.   Request for assistance.
18   8735.   Assignment of adjunct prosecutor.
19   8736.   Terms of assistance.
20   8737.   Scope of authority.
 1   8738.   Standing.
 2   8739.   Adjunct Prosecutor Division Restricted Account.
 3   § 8731.   Scope of subchapter.
 4      This subchapter relates to the Office of Attorney General.
 5   § 8732.   Definitions.
 6      The following words and phrases when used in this subchapter
 7   shall have the meanings given to them in this section unless the
 8   context clearly indicates otherwise:
 9      "Account."    The Adjunct Prosecutor Division Restricted
10   Account established in this subchapter.
11      "Adjunct prosecutor."      An adjunct prosecutor of the division.
12      "Attorney General."     The Attorney General of the
13   Commonwealth.
14      "District attorney."     A district attorney in this
15   Commonwealth.
16      "Division."      The Adjunct Prosecutor Division established in
17   this subchapter.
18   § 8733.   Adjunct Prosecutor Division.
19      The Adjunct Prosecutor Division is established in the Office
20   of Attorney General. The purpose of the division is to assist
21   district attorneys with the investigation and prosecution of
22   criminal matters as provided in this subchapter.
23   § 8734.   Request for assistance.
24      A district attorney may request that the division provide an
25   adjunct prosecutor to assist in the investigation or prosecution
26   of a criminal matter under the laws of this Commonwealth.
27   § 8735.   Assignment of adjunct prosecutor.
28      Following receipt of a request under section 8734 (relating
29   to request for assistance), the division may assign an adjunct
30   prosecutor to temporarily serve under the direction of the

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 1   requesting district attorney.
 2   § 8736.    Terms of assistance.
 3      The Attorney General shall specify the term of assistance for
 4   an adjunct prosecutor assigned under section 8735 (relating to
 5   assignment of adjunct prosecutor).
 6   § 8737.    Scope of authority.
 7      (a)    Qualification required.--An adjunct prosecutor must be a
 8   member in good standing of the bar of this Commonwealth.
 9      (b)    Powers and duties.--An adjunct prosecutor's
10   investigative and prosecutorial powers and duties may include,
11   but not be limited to, with the consent and under the direction
12   of the district attorney, the following:
13             (1)   Conducting proceedings before grand juries.
14             (2)   Participating in court proceedings and engaging in
15      litigation, including a civil and criminal matter, that a
16      requesting district attorney deems necessary.
17             (3)   Reviewing documentary evidence available from any
18      source.
19             (4)   Making applications to a State court for a grant of
20      immunity to a witness, consistent with applicable statutory
21      requirements, or for a warrant, subpoena or other court
22      order.
23      (c)    Other powers.--
24             (1)   For the purpose of carrying out the duties of the
25      division, an adjunct prosecutor may use the facilities,
26      resources and personnel of the Attorney General, including
27      investigators, attorneys and necessary experts, to assist
28      with a criminal investigation or prosecution.
29             (2)   An adjunct prosecutor may request assistance from
30      the Pennsylvania State Police or any law enforcement agency

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 1      with appropriate jurisdiction in carrying out the functions
 2      of the adjunct prosecutor. The Pennsylvania State Police or
 3      any law enforcement agency with appropriate jurisdiction may
 4      provide assistance, including the use of resources and
 5      personnel necessary, for the adjunct prosecutor to perform
 6      the duties specified in this subchapter.
 7   § 8738.   Standing.
 8      A person charged with a violation of the law by an adjunct
 9   prosecutor has no standing to challenge the authority of the
10   adjunct prosecutor to prosecute the case. If a person makes a
11   challenge to the adjunct prosecutor's authority, the challenge
12   shall be dismissed and no relief shall be available in the
13   courts of this Commonwealth to the person.
14   § 8739.   Adjunct Prosecutor Division Restricted Account.
15      (a)    Establishment.--The Adjunct Prosecutor Division
16   Restricted Account is established in the State Treasury.
17      (b)    Source of funding.--The account shall consist of money
18   appropriated by the General Assembly to the account and interest
19   earned on money in the account.
20      (c)    Duty of Attorney General.--The Attorney General shall
21   submit an annual request for an appropriation from the account
22   under Article VI of the act of April 9, 1929 (P.L.177, No.175),
23   known as The Administrative Code of 1929.
24      (d)    Lapsing.--An appropriation from the account shall lapse
25   to the General Fund in accordance with section 621 of The
26   Administrative Code of 1929.
27      Section 2.   This act shall take effect in 60 days.




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