Pennsylvania 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.

Bill Text

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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 87 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER C
OFFICE OF ATTORNEY GENERAL
Sec.
8731. Scope of subchapter.
8732. Definitions.
8733. Adjunct Prosecutor Division.
8734. Request for assistance.
8735. Assignment of adjunct prosecutor.
8736. Terms of assistance.
8737. Scope of authority.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

8738. Standing.
8739. Adjunct Prosecutor Division Restricted Account.
§ 8731. Scope of subchapter.
This subchapter relates to the Office of Attorney General.
§ 8732. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The Adjunct Prosecutor Division Restricted
Account established in this subchapter.
"Adjunct prosecutor." An adjunct prosecutor of the division.
"Attorney General." The Attorney General of the
Commonwealth.
"District attorney." A district attorney in this
Commonwealth.
"Division." The Adjunct Prosecutor Division established in
this subchapter.
§ 8733. Adjunct Prosecutor Division.
The Adjunct Prosecutor Division is established in the Office
of Attorney General. The purpose of the division is to assist
district attorneys with the investigation and prosecution of
criminal matters as provided in this subchapter.
§ 8734. Request for assistance.
A district attorney may request that the division provide an
adjunct prosecutor to assist in the investigation or prosecution
of a criminal matter under the laws of this Commonwealth.
§ 8735. Assignment of adjunct prosecutor.
Following receipt of a request under section 8734 (relating
to request for assistance), the division may assign an adjunct
prosecutor to temporarily serve under the direction of the
20250HB1186PN1335 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

requesting district attorney.
§ 8736. Terms of assistance.
The Attorney General shall specify the term of assistance for
an adjunct prosecutor assigned under section 8735 (relating to
assignment of adjunct prosecutor).
§ 8737. Scope of authority.
(a) Qualification required.--An adjunct prosecutor must be a
member in good standing of the bar of this Commonwealth.
(b) Powers and duties.--An adjunct prosecutor's
investigative and prosecutorial powers and duties may include,
but not be limited to, with the consent and under the direction
of the district attorney, the following:
(1) Conducting proceedings before grand juries.
(2) Participating in court proceedings and engaging in
litigation, including a civil and criminal matter, that a
requesting district attorney deems necessary.
(3) Reviewing documentary evidence available from any
source.
(4) Making applications to a State court for a grant of
immunity to a witness, consistent with applicable statutory
requirements, or for a warrant, subpoena or other court
order.
(c) Other powers.--
(1) For the purpose of carrying out the duties of the
division, an adjunct prosecutor may use the facilities,
resources and personnel of the Attorney General, including
investigators, attorneys and necessary experts, to assist
with a criminal investigation or prosecution.
(2) An adjunct prosecutor may request assistance from
the Pennsylvania State Police or any law enforcement agency
20250HB1186PN1335 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

with appropriate jurisdiction in carrying out the functions
of the adjunct prosecutor. The Pennsylvania State Police or
any law enforcement agency with appropriate jurisdiction may
provide assistance, including the use of resources and
personnel necessary, for the adjunct prosecutor to perform
the duties specified in this subchapter.
§ 8738. Standing.
A person charged with a violation of the law by an adjunct
prosecutor has no standing to challenge the authority of the
adjunct prosecutor to prosecute the case. If a person makes a
challenge to the adjunct prosecutor's authority, the challenge
shall be dismissed and no relief shall be available in the
courts of this Commonwealth to the person.
§ 8739. Adjunct Prosecutor Division Restricted Account.
(a) Establishment.--The Adjunct Prosecutor Division
Restricted Account is established in the State Treasury.
(b) Source of funding.--The account shall cons