HB 1614 — An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for sale or transfer of firearms; and, in commencement of proceedings, further providing for Statewide municipal police jurisdiction, for nonmunicipal police extraterritorial jurisdiction and for agents of the Office of Attorney General and providing for interpretation.

PRIOR PRINTER'S NO.

2092 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

21841614 THE2019 GENERALINTRODUCED ASSEMBLYBY OFKAUFFMAN PENNSYLVANIAAND HOUSEBRIGGS, BILLJUNE Session11, 2019 REFERRED TO COMMITTEE ON JUDICIARY, JUNE 11, 2019 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of No.the Pennsylvania Consolidated Statutes, in commencement of proceedings, further providing for Statewide municipal police jurisdiction, for nonmunicipal police extraterritorial jurisdiction and for agents of the Office of Attorney General and providing for interpretation.

1614 2019 INTRODUCED BY KAUFFMAN AND BRIGGS, JUNE 11, 2019 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 18, 2019 AN ACT Amending Title TITLES 18 (CRIMES AND OFFENSES) AND 42 (Judiciary <-- and Judicial Procedure) of the Pennsylvania Consolidated Statutes, IN FIREARMS AND OTHER DANGEROUS ARTICLES, FURTHER <-- PROVIDING FOR PERSONS NOT TO POSSESS, USE, MANUFACTURE, OF FIREARMS;

AND, in commencement of proceedings, furtherER providing for Statewide municipal police jurisdiction, for nonmunicipal police extraterritorial jurisdiction and for agents of the Office of Attorney General and providing for interpretation.

Section 8953(a)(3) of Title 42 of the <-- Pennsylvania Consolidated Statutes is amended to read:

SECTION 1.

SECTIONS 6105 AND 6111 OF TITLE 18 OF THE <-- PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED BY ADDING SUBSECTIONS TO READ:

§ 6105.

PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL OR TRANSFER FIREARMS.

* * * (D.1) CONCURRENT JURISDICTION TO PROSECUTE.--THE FOLLOWING APPLY IN A CITY OF THE FIRST CLASS WHERE THE ATTORNEY GENERAL HAS OPERATED A JOINT LOCAL-STATE FIREARM TASK FORCE:

(1) IN ADDITION TO THE AUTHORITY CONFERRED UPON THE ATTORNEY GENERAL BY THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO INVESTIGATE AND INSTITUTE CRIMINAL PROCEEDINGS FOR A VIOLATION OF THIS SECTION.

(2) NO PERSON CHARGED WITH A VIOLATION OF THIS SECTION BY THE ATTORNEY GENERAL SHALL HAVE STANDING TO CHALLENGE THE AUTHORITY OF THE ATTORNEY GENERAL TO PROSECUTE THE CASE, AND, IF ANY SUCH CHALLENGE IS MADE, THE CHALLENGE SHALL BE DISMISSED AND NO RELIEF SHALL BE AVAILABLE IN THE COURTS OF THIS COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE.

(3) THIS SUBSECTION SHALL NOT APPLY TO ANY CASE INSTITUTED TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION.

* * * § 6111.

SALE OR TRANSFER OF FIREARMS.

* * * (D.1) CONCURRENT JURISDICTION TO PROSECUTE.--THE FOLLOWING APPLY IN A CITY OF THE FIRST CLASS WHERE THE ATTORNEY GENERAL HAS OPERATED A JOINT LOCAL-STATE FIREARM TASK FORCE:

(1) IN ADDITION TO THE AUTHORITY CONFERRED UPON THE ATTORNEY GENERAL BY THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO INVESTIGATE AND INSTITUTE CRIMINAL PROCEEDINGS FOR A VIOLATION OF THIS SECTION.

(2) NO PERSON CHARGED WITH A VIOLATION OF THIS SECTION BY THE ATTORNEY GENERAL SHALL HAVE STANDING TO CHALLENGE THE 20190HB1614PN2184 - 2 - AUTHORITY OF THE ATTORNEY GENERAL TO PROSECUTE THE CASE, AND, IF ANY SUCH CHALLENGE IS MADE, THE CHALLENGE SHALL BE DISMISSED AND NO RELIEF SHALL BE AVAILABLE IN THE COURTS OF THIS COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE.

(3) THIS SUBSECTION SHALL NOT APPLY TO ANY CASE INSTITUTED TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION.

* * * SECTION 1.1.

SECTION 8953(A)(3) OF TITLE 42 IS AMENDED TO READ:

or 20190HB1614PN2184 - 3 - (iii) has been requested to participate in a Federal, State or local task force.

(i) has been requested to immediately aid or assist 20190HB1614PN2092 - 2 - a Federal, State or local law enforcement officer or park police officer;

(a) Power and authority.--An agent of the Office of Attorney 20190HB1614PN2184 - 4 - General as defined in paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S.

* * * 20190HB1614PN2092 - 3 - Section 3.

§§ 8953(a)(3), 8953.1(a) 20190HB1614PN2184 - 5 - (2) and 8953.2(a)(1).

AS20190HB1614PN2092 <--- FOLLOWS:4 -

(1) THE ADDITION OF 18 PA.C.S.

§§ 6105(D.1) AND 6111(D.1) SHALL TAKE EFFECT IN 60 DAYS.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

20190HB1614PN2184 - 6 -