PRINTER'S NO. 1073 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.983 Session of 2025 INTRODUCED BY C. WILLIAMS, MARCELL, CUTLER, SHAFFER AND BONNER, MARCH 20, 2025 REFERRED TO COMMITTEE ON JUDICIARY, MARCH 20, 2025 AN ACT Amending Title 18 (Crimes and Offenses) 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 providing for Gun Violence Task Force in cities of the first class . The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Sections 6105(d.1)(3) and 6111(d.1)(3) of Title 18 of the Pennsylvania Consolidated Statutes are amended 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: * * * (3) This subsection shall not apply to any case instituted [two years after the effective date of this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 subsection.]: (i) after September 2, 2021, and before the effective date of this subparagraph; or (ii) after December 31, 2026. * * * § 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: * * * (3) This subsection shall not apply to any case instituted [two years after the effective date of this subsection.]: (i) after September 2, 2021, and before the effective date of this subparagraph; or (ii) after December 31, 2026. * * * Section 2. Title 18 is amended by adding a section to read: § 6129. Gun Violence T ask Force in cities of the firs t class. (a) Establishment.-- (1) A joint local-State firearm task force is established in each city of the first class, which shall be known as the Gun Violence Task Force. (2) The Gun Violence Task Force shall be under the authority of the Attorney General. (b) Powers and duties.-- (1) The Gun Violence Task Force shall investigate and prosecute violations of sections 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer 20250HB0983PN1073 - 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 firearms) and 6111 (relating to sale or transfer of firearms), and similar offenses under Federal law, in a city of the first class. (2) The Gun Violence Task Force shall initiate prosecutions only in a Federal or State court located in a city of the first class. (3) The Gun Violence Task Force may utilize investigatory teams under subsection (e). (c) Composition.-- (1) The Gun Violence Task Force shall include, at a minimum: (i) The Attorney General or deputy attorneys general. (ii) Members of the office of the district attorney in a city of the first class. (iii) Law enforcement officers of the Attorney General. (iv) Law enforcement officers of a city of the first class. (v) Law enforcement officers of the Pennsylvania State Police. (2) The Gun Violence Task Force may include, as determined by the Attorney General: (i) Federal law enforcement officers. (ii) Other Commonwealth law enforcement officers located in a city of the first class. (iii) Other local law enforcement officers located in a city of the first class. (iv) Campus police officers located in a city of the first class. 20250HB0983PN1073 - 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 (v) Transit agency police officers located in a city of the first class. (d) Funding.--The Gun Violence Task Force shall be funded from annual General Fund appropriations to a joint local-State firearm task force in a city of the first class. Funding shall be under the control of the Attorney General. (e) Investigatory teams.--The Attorney General may empanel individualized investigatory teams that work in conjunction with and under the purview of the Gun Violence Task Force. (f) Notice.-- Each law enforcement agency that is a member of the Gun Violence Task Force shall notify the Gu n Violence Task Force of any arrest or other criminal action or proceeding involving an alleged violation of section 6105 or 6111 within 48 hours of the arrest or of instituting the action or proceeding. (g) Preemptive jurisdiction over certain offenses.-- (1) The A ttorney General may assert preemptive prosecutorial jurisdiction over any criminal actions or proceedings, including proceedings for the forfeiture or condemnation of property under 42 Pa.C.S. Ch. 58 (relating to forfeiture of assets), for which the Attorney General has jurisdiction under section 6105 or 6111. (2) Any assertion of preemptive prosecutorial jurisdiction under this subsection shall be within the sole discretion of the Attorney General, who shall consider the totality of the circumstances in deciding whether to assert that jurisdiction, 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. 20250HB0983PN1073 - 4 - 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 (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 the Gun Violence Task Force was involved in the investigation of the alleged violation of section 6105 or 6111. (iv) Whether the Gun Violence Task Force 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 that would tend to support the assertion of preemptive prosecutorial jurisdiction. (3) The Attorney General may not assert preemptive prosecutorial discretion under this subsection if the offender unlawfully possessed a firearm during the commission of murder of the first degree or second degree 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), 20250HB0983PN1073 - 5 - 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 unless upon written request by the Police Commissioner of a city of the first class. (4) Subject to paragraph (5), in cases in which the Attorney General asserts preemptive prosecutorial jurisdiction under this subsection, 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 challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the entity making the challenge. (5) The Attorney General may not assert preemptive prosecutorial jurisdiction under this subsection in a case where jurisdiction also exists in a county other than a county of the first class unless the Attorney General requests in writing to the district attorney in the county other than the county of the first class to assert preemptive prosecutorial jurisdiction and the district attorney in the county other than the county of the first class accepts the request in writing. (6) Any grant of jurisdiction to the Attorney General under section 6105 or 6111 shall be exclusive to the Gun Violence Task Force. (7) The provisions of this subsection shall expire December 31, 2026. (h) Annual reports.-- (1) By October 1 of each year, the Attorney General shall make an annual report on the operation of the Gun Violence Task Force to: 20250HB0983PN1073 - 6 - 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 (i) The Appropriations Committee of the Senate. (ii) The Appropriations Committee of the House of Representatives. (iii) The Judiciary Committee of the Senate. (iv) The Judiciary Committee of the House of Representatives. (2) Each report under this subsection shall contain the following information for the previous fiscal year regarding the Gun Violence Task Force: (i) T he number of members, per agency, serving on the Gun Violence Task Force. (ii) The total number of arrests in a city of the first class 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 Gun Violence Task Force. (iv) The total number of convictions resulting from prosecutions under subparagraph (iii), including separately the total number of convictions resulting from prosecutions by the Gun Violence Task Force. (v) The sentences imposed for each conviction under subparagraph (iv), including separately the sentences imposed for each conviction resulting from a prosecution by the Gun Violence Task Force. (vi) The number of firearms seized by the Gun Violence Task Force. (vii) A summary of expenditures, including any money 20250HB0983PN1073 - 7 - 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 appropriated for the Gun Violence Task Force in a previous year that is carried over or unspent. Section 3. This act shall take effect as follows: (1) The addition of 18 Pa.C.S. § 6129 shall take effect in 90 days. (2) The remainder of this act shall take effect immediately. 20250HB0983PN1073 - 8 - 1 2 3 4 5 6 7