Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB983 Latest Draft

Bill / Introduced Version

                             
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 
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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 
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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.
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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.
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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), 
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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:
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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 
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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.
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