Session: 2023-2024
ACLU-PA Position: Opposes
SB 140 (PN 684) would create a "special prosecutor" under the Attorney General’s office who is responsible for prosecuting and investigating all crimes that occur on public transportation in Philadelphia. The special prosecutor’s jurisdiction includes the power and independent authority to exercise all investigative and prosecutorial functions and powers of the Philadelphia district attorney's office.
The special prosecutor would also responsible for submitting an annual report to the General Assembly with the following information:
- The total number of arrests for alleged criminal activity;
- The total number of bills of information filed for alleged violations;
- The total number of convictions resulting from prosecutions by the special prosecutor; and
- Each sentence imposed for each conviction for a crime committed.
SB 140 is a brazen attempt to undermine the authority of one district attorney, in one county, to override the votes of every Philadelphian who elected him. It would also risk violating the PA Constitution, which prohibits the state from creating special laws that interfere with local governing authorities (Pa. Const. Art. III, § 32 (1)).
Governor Shapiro signed SB 44 into law on December 14, 2023 as Act 40 of 2023.
