A newly enacted Pennsylvania state law has ignited controversy for its perceived encroachment on Philadelphia District Attorney Larry Krasner’s prosecutorial authority within the city.
Signed into law on Dec. 14, 2023, Act 40 grants the Pennsylvania attorney general the power to appoint a special prosecutor specifically tasked with handling crimes occurring within 500 yards of SEPTA property in Philadelphia. However, this jurisdiction does not extend beyond the city limits. City officials have decried Act 40 as an attempt to undermine the voices of Philadelphia voters who elected Krasner.
Republicans have laid blame on Krasner, a progressive elected in 2017, for what they allege is a surge in violent crimes due to his policy stances. Despite being reelected in 2021, Krasner faced impeachment by the Pennsylvania House of Representatives in November 2022, a process halted indefinitely by the state senate in January 2023 following a court order.
In response to Act 40, Krasner’s office issued a statement denouncing the legislation as an unprecedented assault on his authority and the rights of voters. The bill, sponsored by state Senator Wayne Langerholc Jr. (R-35), has been criticized for appointing a politically chosen special prosecutor and potentially diverting state funding from Krasner’s office.
Krasner has initiated legal action to block Act 40’s implementation, arguing that it undermines both the voters’ voice and his constitutional authority as Philadelphia’s elected district attorney.
Senator Langerholc, whose district lies closer to Allegheny County than Philadelphia, defended the legislation, asserting that Act 40 does not impede the DA’s jurisdiction but rather enhances public safety.
Local officials, including members of the Penn community, have expressed opposition to Act 40, emphasizing the importance of local governance in addressing Philadelphia’s unique needs. They argue that real public safety necessitates investments in community programs, education, and job opportunities.
Critics assert that Act 40 will only exacerbate challenges faced by City Council in allocating resources to crime-reduction efforts. State Senator Sharif Street labeled the law as blatantly unconstitutional and disproportionately impacting Philadelphia’s Black and brown communities.
The enactment of Act 40 coincides with discontent among SEPTA riders regarding the transit system’s funding shortfall. Advocacy groups like the Philadelphia Transit Riders Union have urged Governor Josh Shapiro to prioritize funding for public transit, highlighting the transformative impact such investment could have on communities statewide.
In response, Governor Shapiro unveiled plans on Jan. 29 to increase state funding for public transit in the upcoming budget cycle for the fiscal year 2024-25.