HARRISBURG — Attorney General Dave Sunday announced that the Supreme Court of Pennsylvania has ruled in favor of the Office of Attorney General regarding Act 40, which put into effect a mass transit prosecutor committed to protecting SEPTA riders, employees, and properties from violence and other criminal acts.
The Philadelphia District Attorney’s Office challenged the legality of Act 40, passed in 2023, alleging it violated the Pennsylvania Constitution. The Commonwealth Court denied that challenge in 2024, prompting appeal to the state’s highest court.
On Thursday, the Supreme Court unanimously rejected the Philadelphia DAO’s challenge, finding that office failed to establish that Act 40 is violative of the Pennsylvania Constitution.
“Our position from the start has been that this legislative action was warranted and within the bounds of the law, and has paid great dividends in holding violent offenders accountable for their actions on and around SEPTA vehicles,” Attorney General Sunday said. “Our mass transit prosecutor will continue to prosecute criminals who have killed and assaulted other individuals, perpetrated acts of gun violence, and stolen SEPTA property.”
Act 40 was passed by the legislature and signed into law by the governor in December 2023.
The mass transit prosecutor’s office works collaboratively with Philadelphia and SEPTA police and other partners.
The office currently carries a caseload ranging from homicide, attempted homicide, aggravated assault, illegal possession of firearms, theft, and assaults against SEPTA employees and riders.
“The nature of the offenses, along with the number of new referral prospects, shows me that this position is very much needed and useful as a force multiplier,” Attorney General Sunday said. “Some of the most egregious acts of violence involved random attacks of SEPTA employees who just happen to be working a shift on a given day.”
Act 40 sunsets at the end of 2026, and it is up to the legislature to take action to extend it. Attorney General Sunday concluded: “We believe we have played a constructive role in making SEPTA safer and, with its legality affirmed by the court, would recommend an extension of the mass transit prosecutor into next year by the legislature.”
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