Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB568 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 572 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.568 
Session of 
2025 
INTRODUCED BY SOLOMON, GIRAL, HANBIDGE, BOROWSKI, KHAN, SANCHEZ, 
DONAHUE, HILL-EVANS, FRANKEL, SCHLOSSBERG, OTTEN, GREEN, 
WARREN AND BRENNAN, FEBRUARY 12, 2025 
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2025 
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania 
Consolidated Statutes, in firearms and other dangerous 
articles, providing for gun violence task forces.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Title 18 of the Pennsylvania Consolidated 
Statutes is amended by adding a section to read:
§ 6129.  Gun violence task forces 	. 
(a)  Establishment.--
(1)  Upon written request initiated by the district 
attorney of a county to the Attorney General, a gun violence 
task force may be established in the county.
(2)  The district attorney may terminate the gun violence 
task force by providing written notice to the Attorney 
General. Absent notice under this paragraph, the gun violence 
task force shall terminate as otherwise provided in this 
section.
(3)  A  gun violence task force  shall  operate under the 
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18 authority of the Attorney General.
(b)  Powers and duties.--A  	gun violence task force: 
(1)  Shall investigate violations of sections 6105 
(relating to persons  	not to possess, use, manufacture,  
control, sell or transfer  	firearms) and 6111 (relating to  
sale or transfer of  	firearms), and similar offenses under  
Federal law, in the  	county in which the task force is  
established.
(2)  M ay recommend to the Attorney General to prosecute  
violations under paragraph (1) 	. 
(3)  May utilize investigatory teams impaneled under 
subsection (d).
(c)  Composition.--A gun violence task force may, as 
determined by the Attorney General, include:
(1)  The Attorney General, deputy attorneys general and 
agents of the Office of the Attorney General.
(2)  Members of the office of the district attorney in a 
county.
(3)  Federal, State and local law enforcement officers.
(4)  Representatives of key stakeholders in communities 
that are experiencing high and increasing rates of gun 
violence.
(5)  Faith leaders who work with communities experiencing 
high rates of gun violence.
(6)  A community relations officer who represents a 
community experiencing high rates of gun violence.
(7)  A victim of crime who works in neighborhoods 
experiencing high rates of gun violence.
(8)  An expert in preventive crime measures who has 
advised on crime-reduction techniques.
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30 (d)  Investigatory teams.-- 	In a county where a gun violence  
task force has been established,  the Attorney General may  
impanel  individualized investigatory teams that work in  
conjunction with  	and under the purview of a  	gun violence task  
force . 
(e)  Notice.--Each law enforcement agency that is a member of 
a  gun violence task force  shall notify the  	gun violence task  
force of any arrest or other criminal action or proceeding for  
violations under subsection (b)(1) within 48  	hours of the arrest  
or of instituting the action or proceeding.
(f)  Authority to prosecute for certain offenses.--
(1)  Except as provided in paragraph (3), in a county in 
which a gun violence task force has been established under 
this section, the Attorney General may prosecute any criminal 
action or proceeding, including a proceeding for the 
forfeiture or condemnation of property under 42 Pa.C.S. Ch. 
58 (relating to forfeiture of assets), for violations under 
subsection (b)(1).
(2)   In deciding whether to prosecute under this  
subsection, the Attorney General shall consider the totality 
of the circumstances, including:
(i)  Whether the alleged violation of section 6105 or 
6111 is the lead charge and the severity of any other 
offense charged in conjunction with the alleged violation 
of section 6105 or 6111.
(ii)  The criminal history record information of the 
alleged offender, including whether the offender was 
previously convicted of an offense under this chapter.
(iii)  Whether a gun violence task force recommended 
prosecution under subsection (b)(2).
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30 (iv)  Whether the Attorney General has  	sufficient 
resources to prosecute the alleged offender.
(v)  Whether the alleged offender utilized a firearm 
during the commission of a felony.
(vi)  Whether the alleged offender is involved or 
associated with the sale, manufacture, distribution or 
delivery of any controlled substance or counterfeit 
controlled substance in violation of the act of April 14, 
1972 (P.L.233, No.64), known as The Controlled Substance, 
Drug, Device and Cosmetic Act.
(vii)  The impact of the alleged offense on the 
victim or the community.
(viii)  Whether the alleged offender's commission of 
the offense violated the terms and conditions of a 
sentence or bail bond.
(ix)  Any other relevant or aggravating 
circumstances.
(3)  The Attorney General may not  	prosecute under this  
section if the alleged  	offender unlawfully possessed a  
firearm during the commission  	of murder or a crime of  
violence, as that term is defined in 42 Pa.C.S. § 9714(g) 
(relating to sentences for second and subsequent offenses), 
unless  the district attorney requests in writing that the  
Attorney General prosecute the case.
(4)  In  a case in which the Attorney General  	exercises 
the authority to prosecute under this section 	,  no other 
prosecuting entity for the Commonwealth shall have  	authority 
to act, except as authorized by the Attorney  	General. No 
person shall have standing to challenge the  	authority of the  
Attorney General to prosecute the cases,  	and, if any 
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30 challenge is made, the challenge shall be  	dismissed and no  
relief shall be available in the courts of  	this Commonwealth  
to the prosecuting entity making the challenge.
(5)  The provisions of this subsection shall expire 
December 31, 2027.
(g)  Annual reports.--
(1)  By October 1 of each year, the Attorney General 
shall make an annual report on the operation of  	gun violence 
task forces to: 
(i)  The chairperson and minority chairperson of the 
Appropriations Committee of the Senate.
(ii)  The chairperson and minority chairperson of the 
Appropriations Committee of the House of Representatives.
(iii)  The chairperson and minority chairperson of 
the Judiciary Committee of the Senate.
(iv)  The chairperson and minority chairperson of the 
Judiciary Committee of the House of Representatives.
(2)  The report under this subsection shall contain the 
following information for the previous fiscal year regarding 
each  gun violence task force 	: 
(i)  The number of members, per agency, serving on 
the  gun violence task force 	. 
(ii)  The total number of arrests in a county for 
alleged violations of section 6105 or 6111, including 
separately the total number of arrests by the  	gun  
violence task force 	. 
(iii)  The total number of bills of information filed 
for alleged violations of section 6105 or 6111, including 
separately the total number of bills filed by the 
Attorney General under this section 	. 
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30 (iv)  The total number of convictions resulting from 
prosecutions under subparagraph (iii), including 
separately the total number of convictions resulting from 
prosecutions by the  	Attorney General under this section 	. 
(v)  The sentences imposed for each conviction under 
subparagraph (iv), including separately the sentences 
imposed for each conviction resulting from a prosecution 
by the  Attorney General under this section 	. 
(vi)  The number of firearms seized by the  	gun  
violence task force 	. 
(vii)  A summary of expenditures, including any money 
appropriated for the  	gun violence task force  in a 
previous year that is carried over or unspent.
Section 2.  This act shall take effect in 90 days.
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