42 Pa.C.S. § 5803 — PA Code / Title 42 / Chapter 58 / Section 5803
Asset forfeiture.
Status: in_force

(a) Applicability.--Notwithstanding any law to the contrary, this section shall apply to forfeitures conducted under the following:

(1) 4 Pa.C.S. § 1518 (relating to prohibited acts; penalties).

(2) 18 Pa.C.S. § 910 (relating to manufacture, distribution, use or possession of devices for theft of telecommunications services).

(3) 18 Pa.C.S. § 2717 (relating to terrorism).

(3.1) 18 Pa.C.S. § 2807 (relating to forfeiture).

(4) 18 Pa.C.S. § 3141 (relating to general rule).

(5) 18 Pa.C.S. § 4116 (relating to copying; recording devices).

(6) 18 Pa.C.S. § 4119 (relating to trademark counterfeiting).

(7) 18 Pa.C.S. § 5513 (relating to gambling devices, gambling, etc.).

(8) 18 Pa.C.S. § 5707 (relating to seizure and forfeiture of electronic, mechanical or other devices).

(9) 18 Pa.C.S. § 6501 (relating to scattering rubbish).

(10) 18 Pa.C.S. § 7707 (relating to loss of property rights to Commonwealth).

(11) 30 Pa.C.S. § 927 (relating to forfeiture of fish and devices).

(12) Section 5802 (relating to controlled substances forfeiture).

(13) 75 Pa.C.S. § 4909 (relating to transporting foodstuffs in vehicles used to transport waste).

(13.1) 75 Pa.C.S. § 3722 (relating to off-road vehicles in urban municipalities).

(14) 75 Pa.C.S. § 9405 (relating to forfeitures; process and procedures).

(b) Process and seizure of money and personal property.--Property subject to forfeiture may be seized by a law enforcement authority if any of the following apply:

(1) The seizure is incident to an arrest or a search under a search warrant or inspection under an administrative inspection warrant and there is reason to believe the property is subject to forfeiture.

(2) The property subject to seizure has been the subject of a prior judgment in favor of the Commonwealth in a criminal injunction or forfeiture proceeding under this chapter.

(3) There is probable cause to believe that the property is dangerous to health and safety and exigencies are likely to result in the destruction or removal of the property or in the property otherwise being made unavailable for forfeiture.

(4) There is probable cause to believe that the property has been used or is intended to be used in violation of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or another offense for which forfeiture is expressly authorized as a sanction.

(5) There is a warrant issued by a court of common pleas with appropriate jurisdiction.

(6) There is probable cause to believe that the property is subject to forfeiture and exigencies are likely to result in the destruction or removal of the property.

(b.1) Process and seizure of real property.--Real property subject to forfeiture under this chapter may be seized by the law enforcement authority upon process issued by a court of common pleas having jurisdiction over the property. Except as provided under this section, real property subject to forfeiture shall not be seized before the entry of an order of forfeiture and the owners or occupants of the real property shall not be evicted from or otherwise deprived of the use and enjoyment of real property that is the subject of a pending forfeiture action. The following shall apply:

(1) The filing of a lis pendens or the issuance of a temporary restraining order shall not constitute a seizure under this subsection.

(2) Real property may be seized prior to the entry of an order of forfeiture if:

(i) the district attorney or the Attorney General notifies the court that it intends to seize the property before a trial; and

(ii) the court:

(A) after causing notice to be served on the property owner and posted on the property and conducting a hearing in which the property owner has a meaningful opportunity to be heard, authorizes such seizure; or

(B) makes an ex parte determination that there is probable cause to believe that a nexus exists between the property and the criminal activity for which forfeiture is authorized and that exigent circumstances are presented that permit the district attorney or the Attorney General to seize the property without prior notice and an opportunity for the property owner to be heard.

(3) For purposes of paragraph (2)(ii)(B), exigent circumstances are presented where the district attorney or the Attorney General demonstrates that less restrictive measures, such as a lis pendens, temporary restraining order or security bond, would not suffice to protect the Commonwealth's interest in preventing the sale, destruction or continued unlawful use of the real property.

(4) If the court authorizes a seizure of real property under paragraph (2)(ii)(B), it shall conduct a prompt postseizure hearing at which the claimant shall have an opportunity to contest the Commonwealth's continuing custody of the property.

(c) Issuance of process.--If seizure without process occurs under subsection (b) or (b.1), proceedings for the issuance of process shall be instituted as soon as feasible.

(d) Custody of property.--Property taken or detained under this section shall not be subject to replevin and is deemed to be in the custody of the law enforcement authority subject only to the orders and decrees of the court of common pleas having jurisdiction over the forfeiture proceedings of the district attorney or the Attorney General. When property is seized under this chapter, the law enforcement authority shall place the property in a secure area or facility and either:

(1) remove the property to a secure area or facility designated by the law enforcement authority; or

(2) require that the district attorney or Attorney General take custody of the property and remove the property to an appropriate location for disposition in accordance with law.

(e) Receipt.--When property is seized, the law enforcement authority shall provide a receipt to the person in possession of the property or, in the absence of a person, leave a receipt in the place where the property was found, if reasonably possible. The receipt shall provide notice of the right of interest holders to seek the return of the seized property under this chapter. This section shall not apply if law enforcement is otherwise required to provide a receipt for the property.

(f) Use of property held in custody.--When property is forfeited under this chapter, the property shall be transferred to the custody of the district attorney, if the law enforcement authority seizing the property has local or county jurisdiction, or the Attorney General, if the law enforcement authority seizing the property has Statewide jurisdiction. The district attorney or the Attorney General, where appropriate, may:

(1) retain the property for official use; or

(2) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, except that the proceeds from the sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs. The balance of the proceeds shall be used and distributed in accordance with this chapter.

(f.1) Prohibited sales.--Sale of forfeited property to an employee of the district attorney or Attorney General, an individual related to an employee by blood or marriage or an employee of another law enforcement authority is prohibited.

(g) Use of cash or proceeds of property.--Cash or proceeds of property, subject to forfeiture under section 5802 and transferred to the custody of the district attorney under subsection (f) shall be placed in the operating fund of the county in which the district attorney is elected. The appropriate county authority shall immediately release from the operating fund, without restriction, a like amount for the use of the district attorney for the enforcement of or prevention of a violation of the provisions of The Controlled Substance, Drug, Device and Cosmetic Act. The funds shall be maintained in an account or accounts separate from other revenues of the office. The entity having budgetary control shall not anticipate future forfeitures or proceeds from future forfeitures in adoption and approval of the budget for the district attorney.

(h) Distribution of property among law enforcement authorities.--If both State and municipal law enforcement authorities were substantially involved in effecting the

seizure, the court having jurisdiction over the forfeiture proceedings shall equitably distribute the property between the district attorney and the Attorney General.

(i) Authorization to utilize property.--Cash or proceeds of property subject to forfeiture under section 5802 and transferred to the custody of the district attorney or Attorney General under subsection (f) shall be utilized by the district attorney or Attorney General for the enforcement of or prevention of a violation of the provisions of The Controlled Substance, Drug, Device and Cosmetic Act. In appropriate cases, the district attorney and the Attorney General may designate proceeds from the forfeited property to be utilized by community-based drug and crime-fighting programs and for relocation and protection of witnesses in criminal cases. Real property may be transferred to a nonprofit organization to alleviate blight resulting from violations of The Controlled Substance, Drug, Device and Cosmetic Act.

(j) Annual audit of forfeited property.--Every county in this Commonwealth shall provide, through the controller, board of auditors or other appropriate auditor and the district attorney, an annual audit of all forfeited property and proceeds obtained under this chapter. The audit shall not be made public but shall be submitted to the Office of Attorney General. By September 30 of each year, the county shall report all forfeited property and proceeds obtained under this chapter and the disposition of the property during the preceding year to the Attorney General. The Attorney General and each district attorney shall maintain and create appropriate records to account for the property forfeited in a fiscal year and the use made of the property forfeited. Each audit shall include:

(1) Date property was seized.

(2) The type of property seized.

(3) Where property was seized.

(4) The approximate value.

(5) The alleged criminal behavior with which the property is associated.

(6) The disposition or use of property forfeited.

(7) Whether the forfeiture was related to a criminal case and the outcome of the criminal case.

(8) Date of forfeiture decision.

(k) Annual report and confidential information.--The Attorney General shall annually submit a report to the Appropriations Committee and Judiciary Committee of the Senate and to the Appropriations Committee and Judiciary Committee of the House of Representatives specifying the forfeited property or proceeds of the forfeited property obtained under this chapter during the fiscal year beginning July 1, and the following shall apply:

(1) The report shall include all information required under subsection (j) subject to the limitations provided under paragraph (2).

(2) The Attorney General shall adopt procedures and guidelines, which shall be public, governing the release of information by the Attorney General or the district attorney to protect the confidentiality of forfeited property or proceeds used in ongoing law enforcement activities.

(k.1) Reporting.--By November 30 of each year, the Office of Attorney General shall notify the Appropriations Committee and Judiciary Committee of the Senate and the Appropriations Committee and Judiciary Committee of the House of Representatives of any county which has not submitted an audit and complied with the requirements in subsection (j).

(l) Proceeds and appropriations.--The proceeds or future proceeds from forfeited property under this chapter shall be in addition to any appropriation made to the Office of Attorney General. The Attorney General shall maintain proceeds from property forfeited to the Office of Attorney General in an account or accounts separate from any other account maintained by the Office of Attorney General. (Oct. 19, 2018, P.L.535, No.80, eff. 30 days; July 11, 2022, P.L.1596, No.92, eff. 60 days) 2022 Amendment. Act 92 added subsec. (a)(13.1). 2018 Amendment. Act 80 added subsec. (a)(3.1). Act 80 of 2018 shall be referred to as the "Timothy J. Piazza Antihazing Law." Section 7 of Act 80 provided that the addition of subsec.

(a)(3.1) shall apply to causes of action which accrue on or after the effective date of section 7. Special Provisions in Appendix. See section 12 of Act 13 of 2017 in the appendix to this title for special provisions relating to forfeitures. Cross References. Section 5803 is referred to in section 5807.2 of this title; section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141, 4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).
42 Pa.C.S. § 6336.2 — PA Code / Title 42 / Chapter 63 / Section 6336.2
Use of restraints on children during court proceedings.
Status: in_force

(a) Use of restraints.--Except as provided for in subsection

(b), restraints such as handcuffs, chains, shackles, irons or straitjackets shall be removed prior to the commencement of a court proceeding.

(b) Exception.--Restraints may be used during a court proceeding if the court determines on the record, after providing the child with an opportunity to be heard, that they are necessary:

(1) to prevent physical harm to the child or another person;

(2) to prevent disruptive courtroom behavior, evidenced by a history of behavior that created potentially harmful situations or presented substantial risk of physical harm; or

(3) to prevent the child, evidenced by an escape history or other relevant factors, from fleeing the courtroom. (May 29, 2012, P.L.570, No.56, eff. 60 days) 2012 Amendment. Act 56 added section 6336.2.
42 Pa.C.S. § 62A16 — PA Code / Title 42 / Chapter 62 / Section 62A16
Confidentiality.
Status: in_force

(a) Nature of privilege.--

(1) Unless a victim of sexual violence who consults a sexual assault counselor for the purpose of securing advice, counseling or assistance waives the privilege in a signed writing prior to testimony or disclosure, a sexual assault counselor or a coparticipant who is present during sexual assault counseling or advocacy shall not be competent nor permitted to testify, release the records of or to otherwise disclose confidential communications made to or by the counselor by or to the victim. The privilege shall terminate upon the death of the victim.

(2) Neither the sexual assault counselor nor the victim shall waive the privilege of confidential communications by reporting facts of physical or sexual violence under 23 Pa.C.S. Ch. 63 (relating to child protective services), a Federal or State mandatory reporting statute or a local mandatory reporting ordinance.

(b) Scope.--The provisions of this section applicable to the victim of sexual violence shall also apply to a person who seeks advice, counseling or assistance from a sexual assault counselor regarding the victim.
42 Pa.C.S. § 4413 — PA Code / Title 42 / Chapter 44 / Section 4413
Replacement of interpreter.
Status: in_force

Pursuant to general rule, the presiding judicial officer shall dismiss the interpreter and obtain the services of another interpreter in accordance with this subchapter if the interpreter:

(1) Fails to follow the standards prescribed by law or by the code of professional conduct for court interpreters for persons with limited English proficiency.

(2) Is unable to effectively communicate with the presiding judicial officer or the person with limited English proficiency, including where the interpreter self-reports such inability.
42 Pa.C.S. § 4432 — PA Code / Title 42 / Chapter 44 / Section 4432
Appointment of interpreter.
Status: in_force

(a) Appointment of certified interpreter.--Upon request or sua sponte, if the presiding judicial officer determines that a principal party in interest or witness is deaf, then a certified interpreter shall be appointed, unless the certified interpreter is unavailable as provided in subsection (b).

(b) Appointment of otherwise qualified interpreter when certified interpreter is unavailable.--

(1) An otherwise qualified interpreter shall be appointed by the presiding judicial officer if a good faith effort was made to obtain a certified interpreter and a certified interpreter was not reasonably available, as determined by the presiding judicial officer.

(2) Prior to the appointment of the otherwise qualified interpreter, the presiding judicial officer, pursuant to general rule, shall state on the record that a certified interpreter is not available and that the otherwise qualified interpreter:

(i) is readily able to interpret;

(ii) is certified by the National Association of the Deaf, the Registry of Interpreters for the Deaf or similar registry to the best of the knowledge of the presiding judicial officer; and

(iii) has read, understands and agrees to abide by the code of professional conduct for court interpreters for persons who are deaf, as established by the Court Administrator.

(c) Additional interpreter.--After consideration of the length of the judicial proceeding, the special needs of the person who is deaf and the number of persons involved who are deaf, the presiding judicial officer may appoint, as provided in subsections (a) and (b), an additional interpreter or provide for additional interpretation in a manner deemed appropriate by the presiding judicial officer.

(d) Immediate family.--The presiding judicial officer may appoint, as provided in subsections (a) and (b), an interpreter or provide for additional interpretation, as provided in subsection (c), for an immediate family member of a principal party in interest. Cross References. Section 4432 is referred to in section 4437 of this title.
42 Pa.C.S. § 9798.1 — PA Code / Title 42 / Chapter 97 / Section 9798.1
Information made available on the Internet and electronic notification (Expired).
Status: reserved

2012 Expiration. Section 9798.1 expired December 20, 2012. See Act 111 of 2011.

Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
42 Pa.C.S. § 5748.1 — PA Code / Title 42 / Chapter 57 / Section 5748.1
Private cause of action.
Status: in_force

(a) Self-policing.--A bail bondsman or insurer who determines that a competitor has engaged in an activity that is in violation of any provision of this chapter may commence a cause of action seeking monetary damages, declaratory judgment or injunctive relief from the court of common pleas of the county in which the violation occurred. The violation must be proven by clear and convincing evidence.

(b) Frivolous actions.--A bail bondsman or insurer who wrongfully commences a baseless action, knowingly without any merit or evidence, shall be subject to actual damages in the amount of the costs of the defense of the suit and punitive damages of an amount equal to those costs that constitute actual damages. (July 2, 2015, P.L.110, No.16, eff. 120 days)

2015 Amendment. Act 16 added section 5748.1. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
42 Pa.C.S. § 1725.3 — PA Code / Title 42 / Chapter 17 / Section 1725.3
Criminal laboratory and paramedic user fee.
Status: in_force

(a) Imposition.--A person who is placed on probation without verdict pursuant to section 17 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or who receives Accelerated Rehabilitative Disposition or who pleads guilty to or nolo contendere to or who is convicted of a crime as defined in 18 Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. § 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked) or 3802 (relating to driving under influence of alcohol or controlled substance) or 3735 (relating to homicide by vehicle while driving under influence) or 3735.1 (relating to aggravated assault while driving under the influence) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) or a violation of The Controlled Substance, Drug, Device and Cosmetic Act shall, in addition to any fines, penalties or costs, in every case where laboratory services were required to prosecute the crime or violation, be sentenced to pay a criminal laboratory or paramedic user fee which shall include, but not be limited to, the cost of sending a laboratory technician or paramedic to court proceedings.

(b) Amount of user fee.--

(1) The director or similar officer of the county laboratory or emergency medical services agency that has provided services in the prosecution shall determine the actual cost of the laboratory or paramedic services provided in the prosecution and transmit a statement for services rendered to the court.

(2) If a Pennsylvania State Police laboratory has provided services in the prosecution, the director or similar officer of the Pennsylvania State Police laboratory shall determine the actual cost of the laboratory services provided in the prosecution and transmit a statement for services rendered to the court.

(c) Disposition of fees.--

(1) The criminal laboratory user fee for criminal laboratory services provided by a county shall be paid to the county and shall be used solely for operation and maintenance of the county laboratory. The criminal laboratory user fee for criminal laboratory services provided by the Pennsylvania State Police laboratory shall be paid into the Criminal Laboratory User Fee Fund created under paragraph

(2).

(2) A special nonlapsing fund of the State Treasury is hereby established and shall be known as the Criminal Laboratory User Fee Fund. Money in the Criminal Laboratory User Fee Fund is hereby appropriated to the Pennsylvania State Police and shall be used solely for operation and maintenance of Pennsylvania State Police criminal laboratories.

(3) The paramedic user fee for laboratory services provided by a paramedic shall be paid to the emergency medical services agency and shall be used solely for the provision of criminal laboratory services.

(d) Other laws.--The criminal laboratory and paramedic user fee shall be imposed notwithstanding any other provision of law to the contrary. (Dec. 14, 1992, P.L.872, No.140; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Dec. 18, 2013, P.L.1187, No.112, eff. 60 days; Nov. 3, 2016, P.L.1094, No.142, eff. 90 days) 1992 Amendment. Act 140 added section 1725.3, effective January 1, 1994, as to subsecs. (b)(2) and (c)(2) and immediately as to the remainder of the section. Section 6 of Act 140 provided that section 1725.3 shall apply to offenses committed on or after the effective date of Act 140.
42 Pa.C.S. § 1902 — PA Code / Title 42 / Chapter 19 / Section 1902
Administrative Office of Pennsylvania Courts.
Status: in_force

A reference in any statute to the Administrative Office of Pennsylvania Courts shall be deemed a reference to the Court Administrator of Pennsylvania who shall, either personally, by deputy, by other duly authorized personnel of the system, or by duly authorized agent, exercise the powers and perform the duties by statute vested in and imposed upon the Administrative Office. Cross References. Section 1902 is referred to in section 102 of this title.
42 Pa.C.S. § 8954 — PA Code / Title 42 / Chapter 89 / Section 8954
Noncompliance with mandatory certification requirements.
Status: in_force

Any person employed as a municipal police officer who is subject to the mandatory certification requirements of the training law and fails to obtain the required certification from the Commissioner of the Pennsylvania State Police within the time limits provided by law shall cease to be empowered or authorized to function as a municipal police officer for any purpose whatsoever.
42 Pa.C.S. § 8151 — PA Code / Title 42 / Chapter 81 / Section 8151
Notice to Department of Revenue of judicial sale of property.
Status: in_force

(a) General rule.--No judicial officer or officer enforcing orders of a court or magisterial district judge shall, as such, sell the property of any person without filing with the Department of Revenue at least 20 days prior to the sale a report or return with respect to such property containing such information as the department may specify by regulation.

(b) Exceptions.--The department may by regulation exempt certain classes of transactions from the requirements of subsection (a) if it finds that such reports are not necessary to facilitate the collection of the public revenues. The requirements of subsection (a) shall not be applicable to any transaction where the court, after notice to the department, finds that the exigency of the case is such as to impel the omission of usual procedures. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 482(7), as amended June 30, 1982, provided that section 8151 shall not be deemed suspended or affected. Rules 401 through 482 relate to execution of judgments for the payment of money rendered by district justices. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 482 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges. Pennsylvania Rule of Civil Procedure No. 3159(b)(8), adopted April 20, 1998, provided that section 8151 shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.
42 Pa.C.S. § 953 — PA Code / Title 42 / Chapter 9 / Section 953
Administrative judges of divisions.
Status: in_force

Each division of a court of common pleas shall have an administrative judge who shall assist the president judge of the court in supervising and administering the business of the court and shall be responsible to him. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
42 Pa.C.S. § 4525 — PA Code / Title 42 / Chapter 45 / Section 4525
Equipment used for selection of jurors.
Status: in_force

The jury selection commission is authorized, but not required, to use mechanical or electro-mechanical devices or business machines in the random selection, drawing, investigating, summoning and listing of jurors. Cross References. Section 4525 is referred to in section 4524 of this title.
42 Pa.C.S. § 6502 — PA Code / Title 42 / Chapter 65 / Section 6502
Power to issue writ.
Status: in_force

(a) General rule.--Any judge of a court of record may issue the writ of habeas corpus to inquire into the cause of detention of any person or for any other lawful purpose.

(b) Venue.--The venue of matters brought under this chapter shall be as prescribed by general rule.
42 Pa.C.S. § 9727 — PA Code / Title 42 / Chapter 97 / Section 9727
Disposition of persons found guilty but mentally ill.
Status: in_force

(a) Imposition of sentence.--A defendant found guilty but mentally ill or whose plea of guilty but mentally ill is accepted under the provisions of 18 Pa.C.S. § 314 (relating to guilty but mentally ill) may have any sentence imposed on him which may lawfully be imposed on any defendant convicted of the same offense. Before imposing sentence, the court shall hear testimony and make a finding on the issue of whether the defendant at the time of sentencing is severely mentally disabled and in need of treatment pursuant to the provisions of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.

(b) Treatment.--

(1) An offender who is severely mentally disabled and in need of treatment at the time of sentencing shall, consistent with available resources, be provided such treatment as is psychiatrically or psychologically indicated for his mental illness. Treatment may be provided by the Department of Corrections, by the county or by the Department of Human Services in accordance with the Mental Health Procedures Act.

(2) The cost for treatment of offenders found guilty but mentally ill, committed to the custody of the Bureau of Correction and transferred to a mental health facility, shall be borne by the Commonwealth.

(c) Discharge report.--When a treating facility designated by either the Department of Corrections or the Department of Human Services discharges such a defendant from treatment prior to the expiration of his maximum sentence, that treating facility shall transmit to the Pennsylvania Parole Board, the correctional facility or county jail to which the offender is being returned and the sentencing judge a report on the condition of the offender together with the reasons for its judgments, which describes:

(1) The defendant's behavior.

(2) The course of treatment.

(3) The potential for recurrence of the behavior.

(4) The potential for danger to himself or the public.

(5) Recommendations for future treatment.

(d) Parole conditions.--An offender who is discharged from treatment may be placed on parole status under the same terms and laws applicable to any other offender. Psychological and psychiatric counseling and treatment may be required as a condition of such status. Failure to continue treatment, except by agreement of the supervising authority, shall be a basis for instituting parole violation hearings.

(e) Parole procedure.--The paroling authority may consider the offender for parole pursuant to other law or administrative rules. When the paroling authority considers the offender for parole, it shall consult with the treating facility at which the offender is being treated or from which he was discharged.

(f) Probation.--

(1) If an offender who is found guilty but mentally ill is placed on probation, the court may, upon recommendation of the district attorney or upon its own initiative, make treatment a condition of probation.

(2) Reports as specified by the trial judge shall be filed with the probation officer and the sentencing court. Failure to continue treatment, including the refusal to take such drugs as may be prescribed, except by agreement of the sentencing court, shall be a basis for the institution of probation violation hearings. The period of probation shall be the maximum permitted by law and shall not be reduced without receipt and consideration by the court of a mental health status report like that required in subsection (c).

(3) Treatment shall be provided by an agency approved by the Department of Human Services or, with the approval of the sentencing court and at individual expense, by private agencies, private physicians or other mental health personnel. A mental health status report, containing the information set forth in subsection (c), shall be filed with the probation officer and the sentencing court every three months during the period of probation. If a motion on a petition to discontinue probation is made by the defendant, the probation officer shall request a report as specified from the treating facility. (Dec. 15, 1982, P.L.1262, No.286, eff. 90 days; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsecs. (a), (b)(1), (c) and (f)(3). 2012 Amendment. Act 122 amended subsec. (d). 1982 Amendment. Act 286 added section 9727. Section 4 of Act 286 provided that Act 286 shall apply to all indictments or informations filed on or after the effective date of Act 286. References in Text. The Bureau of Correction, referred to in subsec. (b)(2), was abolished by the act of December 30, 1984 (P.L.1299, No.245) and is now the Department of Corrections. Cross References. Section 9727 is referred to in section 314 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 4102 — PA Code / Title 42 / Chapter 41 / Section 4102
Liability insurance for district justices (Repealed).
Status: repealed

1979 Repeal. Section 4102 was repealed July 20, 1979, P.L.157, No.52, effective in 60 days.
42 Pa.C.S. § 3524 — PA Code / Title 42 / Chapter 35 / Section 3524
Form of Judicial Department appropriation.
Status: in_force

The budget request of the Judicial Department shall be prepared in a manner comparable to the request of an administrative department.
42 Pa.C.S. § 4411 — PA Code / Title 42 / Chapter 44 / Section 4411
Duties of Court Administrator.
Status: in_force

(a) Interpreter program.--The Court Administrator may establish a program to appoint and use certified interpreters in judicial proceedings. The program established by the Court Administrator to certify interpreters may include:

(1) establishing and administering a comprehensive testing and certification program for interpreters;

(2) establishing and adopting standards of proficiency, written and oral, in English and the language to be interpreted;

(3) conducting periodic examinations to ensure the availability of certified interpreters;

(4) prescribing, determining and certifying the qualifications of persons who may serve as certified interpreters for persons with limited English proficiency;

(5) charging reasonable fees as deemed necessary for testing and certification;

(6) reciprocity of certification for interpreters from other jurisdictions, provided that, in the judgment of the Court Administrator, the criteria for certification in the foreign jurisdiction is at least as stringent as that established by the Court Administrator;

(7) providing for the audio recording of testimony that is the subject of interpretation; and

(8) providing a continuing education requirement for interpreters.

(b) List of certified interpreters.--The Court Administrator shall compile, maintain and disseminate a current list of interpreters certified by the Court Administrator for the courts through any means deemed appropriate by the Court Administrator, including, but not limited to, a written directory, which shall be maintained on file with the office of the clerk of courts in each judicial district, and through publication on the official World Wide Web site of the Administrative Office.

(c) Guidelines for court selection of otherwise qualified interpreters.--The Court Administrator shall provide guidelines to the courts for the selection and use of otherwise qualified interpreters in order to ensure that the highest standards of accuracy are maintained in all judicial proceedings subject to the provisions of this subchapter.

(d) Fee schedule.--The Court Administrator shall prescribe, subject to periodic review, a schedule of reasonable fees for services rendered by certified interpreters and otherwise qualified interpreters used in judicial proceedings.

(e) Standards of professional conduct.--

(1) The Court Administrator shall establish and adopt standards for a code of professional conduct for court interpreters for persons with limited English proficiency.

(2) The Court Administrator shall establish, administer or recommend a process to review and respond to allegations of violations of the code of professional conduct for court interpreters for persons with limited English proficiency, including, but not limited to, decertification and other disciplinary measures.
42 Pa.C.S. § 6905 — PA Code / Title 42 / Chapter 69 / Section 6905
Lessee's right to acquire ownership.
Status: in_force

(a) Limitation on cost of lease services.--The total amount charged by the lessor for the cost of lease services in a rental-purchase transaction shall not exceed the cash price of the property.

(b) Acquisition of ownership.--A rental-purchase agreement must provide that at any time after tendering an initial rental payment, a lessee may acquire ownership of the property that is the subject of the rental-purchase agreement at a price or by a formula or method specified in the rental-purchase agreement.

(c) Chart.--A rental-purchase agreement must be accompanied by a chart showing the amount required to exercise the option to purchase the rented property after each rental payment if rental payments are made as scheduled.

(d) Receipts.--After receiving each rental payment, the lessor shall provide a receipt to the lessee. The receipt shall disclose all of the following:

(1) The rental payment made by the lessee.

(2) The amount of the early purchase option that is applicable after the rental payment made by the lessee.

(3) The dates when the early purchase option price remain valid. (Oct. 27, 2014, P.L.2896, No.185, eff. 60 days; July 11, 2022, P.L.1536, No.82, eff. 60 days) 2022 Amendment. Act 82 added subsec (d).
42 Pa.C.S. § 9799.42 — PA Code / Title 42 / Chapter 97 / Section 9799.42
Standing for Pennsylvania State Police.
Status: in_force

Except for petitions filed under section 9799.15(a.2) (relating to period of registration), the Pennsylvania State Police shall have standing to appear and contest a filing in a court of this Commonwealth which seeks to challenge in any way the obligation of an individual required to register with the Pennsylvania State Police under this subchapter. (Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendments. Act 10 added section 9799.42 and Act 29 reenacted section 9799.42. Section 20(1) of Act 10 provided that the addition of section 9799.42 shall apply to an individual who commits an offense on or after December 20, 2012.
42 Pa.C.S. § 7535 — PA Code / Title 42 / Chapter 75 / Section 7535
Rights of fiduciaries and other persons.
Status: in_force

Any person interested, as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto:

(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others.

(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity.

(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. Cross References. Section 7535 is referred to in section 7536 of this title.
42 Pa.C.S. § 9711.1 — PA Code / Title 42 / Chapter 97 / Section 9711.1
Sentencing for certain murders of infant persons.
Status: in_force

(a) Sentence enhancement.--The Pennsylvania Commission on Sentencing, pursuant to section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under 18 Pa.C.S. § 2502(c) (relating to murder) when the victim was less than 13 years of age at the time of the commission of the offense.

(b) Applicability.--The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall determine, by preponderance of the evidence, if this section is applicable.

(c) Consecutive sentence.--A sentence imposed upon a person to whom this section applies shall be served consecutively to any other sentence the person is serving and to any other sentence being then imposed by the court. (Oct. 25, 2012, P.L.1655, No.204, eff. 60 days) 2012 Amendment. Act 204 added section 9711.1.
42 Pa.C.S. § 1725.2 — PA Code / Title 42 / Chapter 17 / Section 1725.2
Assumption of summary conviction costs by county.
Status: in_force

(a) Division of costs.--In every case of summary conviction in which the evidence is not sufficient to convict and the defendant is dismissed, there shall be no costs imposed if the prosecutor is a police officer engaged as such in the employ of this Commonwealth or of any of its political subdivisions. In all other cases, the costs may be imposed on the prosecutor or by the defendant if so permitted by law.

(b) Costs where default occurs.--In every case of summary conviction in which the defendant is convicted and sentenced to jail in default of the payment of the fine and costs imposed, the costs of prosecution shall be borne by the county.

(c) County of the second class.--In any case before a salaried magistrate where costs are borne by a county of the second class, the costs chargeable to the county shall be one-half of the costs set forth in section 1725.1(b) (relating to costs). (July 20, 1979, P.L.157, No.52, eff. 60 days) 1979 Amendment. Act 52 added section 1725.2. Cross References. Section 1725.2 is referred to in section 3571 of this title.
42 Pa.C.S. § 3532 — PA Code / Title 42 / Chapter 35 / Section 3532
Expenses.
Status: in_force

The Office of the Court Administrator of Pennsylvania shall pay the annual registration fee of $400 to the Special Court Judges of Pennsylvania Association for each magisterial district judge, Philadelphia Municipal Court Judge and Philadelphia Traffic Court Judge position authorized as of January 31 of each year. Payment shall be made on the first day of a new fiscal year including July 1, 1988. In addition the Office of the Court Administrator of Pennsylvania shall pay the annual cost for the publishing of a monthly journal containing the update and revision of laws and State Supreme Court rule changes. Except for the funding of the publication of the monthly journal which shall be a direct cost of the Office of the Court Administrator of Pennsylvania, all other funding for the other expenses set forth in this section shall come from the annual appropriation made for magisterial district judges education. (Apr. 5, 1982, P.L.226, No.72, eff. July 1, 1982; June 15, 1982, P.L.512, No.141, eff. 60 days; June 30, 1988, P.L.464, No.79, eff. imd.; June 18, 1998, P.L.640, No.84, eff. July 1, 1998; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Feb. 4, 2026, P.L.1, No.1, eff. imd.)

2026 Amendment. Section 4 of Act 1 provided that the amendment or addition of sections 3532 and 3733(a)(3) shall apply retroactively to July 1, 2025. 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. References in Text. The Traffic Court of Philadelphia, referred to in this section, was abolished by Joint Resolution No.2 of 2016.
42 Pa.C.S. § 5107 — PA Code / Title 42 / Chapter 51 / Section 5107
Service of process.
Status: in_force

Process may be served or executed on any day of the week except at any church, synagogue, meetinghouse or any place of worship. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; June 25, 1997, P.L.293, No.28, eff. imd.; June 18, 1998, P.L.640, No.84, eff. 120 days)

1998 Amendment. Act 84 overlooked the amendment by Act 28 of 1997, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 5107.
42 Pa.C.S. § 1741 — PA Code / Title 42 / Chapter 17 / Section 1741
Compensation of judges.
Status: in_force

(a) Base salaries.--Notwithstanding any other provision of law to the contrary:

(1) A person who is elected or appointed to a term as a justice of the Supreme Court, judge of the Superior Court, judge of the Commonwealth Court, judge of a court of common pleas, judge of the Philadelphia Municipal Court, judge of the Philadelphia Traffic Court or magisterial district judge after the effective date of this section shall receive a salary that is equal to the salary payable to persons who held that particular judicial office on the day prior to the effective date of this section, plus $1 and any applicable cost-of-living adjustment or adjustments under subsection

(b).

(2) A person who serves a term as a justice of the Supreme Court, judge of the Superior Court, judge of the Commonwealth Court, judge of a court of common pleas, judge of the Philadelphia Municipal Court, judge of the Philadelphia Traffic Court or magisterial district judge on the effective date of this section shall receive a salary that is equal to the salary payable to persons holding that particular judicial office on the day prior to the effective date of this section, plus $1 and any applicable

cost-of-living adjustment or adjustments under subsection

(b).

(b) Cost-of-living adjustments.--

(1) For the 12-month period beginning January 1, 2008, and each January 1 thereafter, the annual salaries for persons subject to subsection (a)(1) or (2) shall be increased by the percentage change, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and Maryland area for the most recent 12-month period for which figures are officially reported by the United States Department of Labor, Bureau of Labor Statistics, immediately prior to the date the adjustment is due to take effect.

(2) In no event shall deflation result in a negative cost-of-living adjustment to a salary under subsection (a)(1) or (2).

(c) Limitation.--

(1) No justice of the Supreme Court shall receive any annual salary insofar as that salary is based on any increase in the base salary of a circuit court judge of the United States Court of Appeals that occurs after the effective date of this section.

(2) No judge of the Superior Court or Commonwealth Court shall receive any annual salary insofar as that salary is based on any increase in the base salary of a judge of the United States District Court that occurs after the effective date of this section.

(3) No judge of a court of common pleas or Philadelphia Municipal Court, Philadelphia Traffic Court or magisterial district judge shall receive any annual salary insofar as that annual salary is based on any increase in the base salary of a United States magistrate judge that occurs after the effective date of this section. 2020 Partial Repeal. Section 4(2) of Act 79 of 2020 provided that subsec. (b) is repealed insofar as it is inconsistent with the amendment of section 2.1 of the act of September 30, 1983, P.L.160, No.39, known as the Public Official Compensation Law. References in Text. The Traffic Court of Philadelphia, referred to in subsecs. (a)(1) and (2) and (c), was abolished by Joint Resolution No.2 of 2016.
42 Pa.C.S. § 6157 — PA Code / Title 42 / Chapter 61 / Section 6157
Retention of records.
Status: in_force

When the copies of records are delivered to a party or his attorney of record for use in a deposition, they shall, after termination of the deposition, be delivered personally or by certified mail to the clerk of the court or other body before which the action or proceeding is pending, and it shall be the responsibility of the party or attorney to transmit the receipt obtained to the custodian of the original records. When the records are received by the clerk of a court or other body from a health care facility or from a party or his attorney of record, they shall be retained in the clerk's custody at all times except when actually used in the action or proceeding. Upon issuance of a final order terminating a case, the copies of the records will be promptly filed in a manner that protects the confidentiality of the medical information contained in the records by the clerk of the court with all other documents pertaining to the case until such a time as the normal retention period for court records expires. The copies of records shall then be permanently disposed of by the clerk in a manner that protects the confidentiality of the medical information contained in the records. Should the case be appealed, the copies of records shall be forwarded to the appellate court with other documents pertaining to the case and retained and disposed of in the manner described in this section.
42 Pa.C.S. § 1124 — PA Code / Title 42 / Chapter 11 / Section 1124
Lien of judgments.
Status: in_force

Judgment recovered in the Philadelphia Municipal Court shall be a lien upon property in the same manner and to the same extent that judgment recovered in the Court of Common Pleas of Philadelphia County is a lien. All such judgments shall be indexed in the judgment index or indices of Philadelphia County in the same manner as judgments of the court of common pleas are indexed.
42 Pa.C.S. § 6332 — PA Code / Title 42 / Chapter 63 / Section 6332
Informal hearing.
Status: in_force

(a) General rule.--An informal hearing shall be held promptly by the court or master and not later than 72 hours after the child is placed in detention or shelter care to determine whether his detention or shelter care is required under section 6325 (relating to detention of child), whether to allow the child to remain in the home would be contrary to the welfare of the child and, if the child is alleged to be delinquent, whether probable cause exists that the child has committed a delinquent act. Reasonable notice thereof, either oral or written, stating the time, place, and purpose of the hearing shall be given to the child and if they can be found, to his parents, guardian, or other custodian. Prior to the commencement of the hearing the court or master shall inform the parties of their right to counsel and to appointed counsel if they are needy persons, and of the right of the child to remain silent with respect to any allegations of delinquency. If the child is alleged to be a dependent child, the court or master shall also determine whether reasonable efforts were made to prevent such placement or, in the case of an emergency placement where services were not offered and could not have prevented the necessity of placement, whether this level of effort was reasonable due to the emergency nature of the situation, safety considerations and circumstances of the family.

(b) Rehearing.--If the child is not so released and a parent, guardian or other custodian has not been notified of the hearing, did not appear or waive appearance at the hearing, and files his affidavit showing these facts, the court or master shall rehear the matter without unnecessary delay and order release of the child, unless it appears from the hearing that his detention or shelter care is required under section 6325. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 15, 1986, P.L.1598, No.177, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days) Cross References. Section 6332 is referred to in sections 6337.1, 6351 of this title; section 6315 of Title 23 (Domestic Relations).
42 Pa.C.S. § 5325 — PA Code / Title 42 / Chapter 53 / Section 5325
When and how a deposition may be taken outside this Commonwealth.
Status: in_force

(a) General rule.--A deposition to obtain testimony or documents or other things in a matter pending in this Commonwealth may be taken outside this Commonwealth:

(1) On reasonable notice in writing to all parties, setting forth the time and place for taking the deposition,

the name and address of each person to be examined, if known, and if not known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title of the person before whom the deposition will be taken. The deposition may be taken before a person authorized to administer oaths in the place in which the deposition is taken by the law thereof or by the law of this Commonwealth or the United States.

(2) Before a person commissioned by the tribunal of this Commonwealth. The person so commissioned has the power by virtue of his commission to administer any necessary oath.

(3) Pursuant to a letter rogatory issued by the court. A letter rogatory may be addressed "To the Appropriate Authority in (here name the state or country)."

(4) In any manner before any person, at any time or place, or upon any notice stipulated by the parties. A person designated by the stipulation has the power by virtue of his designation to administer any necessary oath.

(b) Commission or letter rogatory.--A commission or a letter rogatory shall be issued after notice and application to the court, and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and a letter rogatory may be issued in proper cases. Evidence obtained in a foreign country in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within this Commonwealth.

(c) Deposition prior to commencement of matter.--When no matter is pending, a tribunal of this Commonwealth may authorize a deposition to be taken outside this Commonwealth of any person regarding any matter that may be cognizable in any tribunal of this Commonwealth. Subject to general rules, the tribunal may prescribe the manner in which and the terms upon which the deposition shall be taken. Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 4023, adopted November 20, 1978, provided that section 5325 shall not be deemed suspended or affected. Rules 4001 through 4025 relate to depositions and discovery. Cross References. Section 5325 is referred to in sections 5329, 5919 of this title.
42 Pa.C.S. § 4551 — PA Code / Title 42 / Chapter 45 / Section 4551
Investigating grand jury presentments.
Status: in_force

(a) General rule.--Should the investigating grand jury determine that upon the basis of evidence presented to it a presentment should be returned against an individual, the grand jury shall direct the attorney for the Commonwealth to prepare a presentment which shall be submitted to the investigating grand jury for a vote. Should a majority of the full grand jury vote approval for the presentment it shall then be submitted to the supervising judge. The supervising judge shall examine the presentment, and if it is within the authority of the investigating grand jury and is otherwise in accordance with the provisions of this subchapter, the supervising judge shall issue an order accepting the presentment. Otherwise, the supervising judge shall refuse to accept the presentment and shall order that the investigating grand jury take further appropriate action.

(b) Sealed presentment.--The supervising judge to whom a presentment is submitted may, on his own motion or at the request of the Commonwealth, direct that the presentment be kept secret until the defendant is in custody or has been released pending trial. In directing that the presentment be kept secret, the supervising judge shall enter an order requiring that the presentment be sealed and that no person shall disclose a return of the presentment except when necessary for issuance and execution of process.

(c) Prosecution by Attorney General.--Whenever a multicounty investigating grand jury returns a presentment against any person the Attorney General or his designee shall, with respect to the alleged criminal activities, be authorized to prosecute the person on behalf of the Commonwealth by instituting criminal proceedings in the county of appropriate venue. The Attorney General or his designee shall take the oath of office required by law to be taken of district attorneys, and shall be clothed with all the powers and subject to all the liabilities imposed upon district attorneys by law.

(d) Venue.--In any case where a multicounty investigating grand jury returns a presentment the supervising judge shall select the county for conducting the trial from among those counties having jurisdiction.

(e) Procedure following presentment.--When the attorney for the Commonwealth proceeds on the basis of a presentment, a complaint shall be filed and the defendant shall be entitled to a preliminary hearing as in other criminal proceedings.
42 Pa.C.S. § 9549 — PA Code / Title 42 / Chapter 95 / Section 9549
Hearing on petition (Repealed).
Status: repealed

1988 Repeal. Section 9549 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9549 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective of the date of conviction or sentence.
42 Pa.C.S. § 8144 — PA Code / Title 42 / Chapter 81 / Section 8144
Mortgages to secure certain advances.
Status: in_force

In addition to any other indebtedness, a mortgage may secure unpaid balances of advances made, with respect to the mortgaged premises, for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the mortgaged premises or the lien of the mortgage, expenses incurred by the mortgagee by reason of default by the mortgagor under the mortgage or advances made under a construction loan to enable completion of the improvements for which the construction loan was originally made, if such mortgage states that it shall secure such unpaid balances. A mortgage complying with this section is a lien on the premises described therein from the time the mortgage is left for record or the time of delivery to the mortgagee of a purchase money mortgage which is recorded within ten days after its date for the full amount of the unpaid balances of such advances that are made under the mortgage, plus interest thereon, regardless of the time when the advances are made. (Oct. 12, 1990, P.L.525, No.126, eff. 60 days) 1990 Amendment. Act 126 added section 8144. Section 2 of Act 126 provided that nothing contained in Act 126 shall be construed to affect the priority of advances made under any mortgage recorded before the effective date of Act 126.
42 Pa.C.S. § 9799.51 — PA Code / Title 42 / Chapter 97 / Section 9799.51
Legislative findings and declaration of policy.
Status: in_force

(a) Legislative findings.--It is hereby determined and declared as a matter of legislative finding:

(1) If the public is provided adequate notice and information about sexually violent predators and offenders as well as those sexually violent predators and offenders who do not have a fixed place of habitation or abode, the community can develop constructive plans to prepare itself for the release of sexually violent predators and offenders. This allows communities to meet with law enforcement to prepare and obtain information about the rights and responsibilities of the community and to provide education and counseling to their children.

(2) These sexually violent predators and offenders pose a high risk of engaging in further offenses even after being released from incarceration or commitments, and protection of the public from this type of offender is a paramount governmental interest.

(3) The penal and mental health components of our justice system are largely hidden from public view, and lack of information from either may result in failure of both systems to meet this paramount concern of public safety.

(4) Overly restrictive confidentiality and liability laws governing the release of information about sexually violent predators and offenders have reduced the willingness to release information that could be appropriately released under the public disclosure laws and have increased risks to public safety.

(5) Persons found to have committed a sexual offense have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government.

(6) Release of information about sexually violent predators and offenders to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.

(b) Declaration of policy.--It is hereby declared to be the intention of the General Assembly to:

(1) Protect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification and access to information regarding sexually violent predators and offenders who are about to be released from custody and will live in or near their neighborhood.

(2) Require the exchange of relevant information about sexually violent predators and offenders among public agencies and officials and to authorize the release of necessary and relevant information about sexually violent predators and offenders to members of the general public, including information available through the publicly accessible Internet website of the Pennsylvania State Police, as a means of assuring public protection and shall not be construed as punitive.

(3) Address the Superior Court's opinion in the case of Commonwealth v. Wilgus, 975 A.2d 1183 (2009), by requiring sexually violent predators and offenders without a fixed place of habitation or abode to register under this subchapter.

(4) Address the Pennsylvania Supreme Court's decision in Commonwealth v. Muniz, No. 47 MAP 2016 (Pa. 2016), and the Pennsylvania Superior Court's decision in Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017). (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 9799.51. References in Text. The citation, Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017), referred to in subsec. (b)(4), was incorrectly cited as Commonwealth v. Butler (2017 WL 3882445) in Acts 10 and 29 of 2018. The 2018 Pamphlet Law Volume contains the correct Westlaw citation, (2017 4914155).
42 Pa.C.S. § 2773 — PA Code / Title 42 / Chapter 27 / Section 2773
Seal.
Status: in_force

The clerk of the orphans' court division shall have custody of a counterpart of the seal of the court for which he is the clerk of the orphans' court division.
42 Pa.C.S. § 31 — PA Code / Title 42 / Chapter 31 / Section 31
County liability for new shelter care program operating costs.
Status: in_force

Excluding probation services, no county shall be required to pay more than 10% of the costs of operating new shelter care programs required to implement the reclassification provided for in paragraph (6) of the definition of "dependent child" in 42 Pa.C.S. § 6302 (relating to definitions), provided that:

(1) the county has applied for existing Federal funds to implement paragraph (6) of the definition of "dependent child" in 42 Pa.C.S. § 6302;

(2) the county has not been deemed ineligible for these Federal funds; and

(3) the programs are approved as necessary by the Department of Public Welfare to implement paragraph (6) of the definition of "dependent child" in 42 Pa.C.S. § 6302. For the purposes of this section, shelter care shall not include institutional facilities. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
42 Pa.C.S. § 6311 — PA Code / Title 42 / Chapter 63 / Section 6311
Guardian ad litem for child in court proceedings.
Status: in_force

(a) Appointment.--When a proceeding, including a master's hearing, has been initiated alleging that the child is a dependent child under paragraph (1), (2), (3), (4) or (10) of the definition of "dependent child" in section 6302 (relating to definitions), the court shall appoint a guardian ad litem to represent the legal interests and the best interests of the child. The guardian ad litem must be an attorney at law.

(b) Powers and duties.--The guardian ad litem shall be charged with representation of the legal interests and the best interests of the child at every stage of the proceedings and shall do all of the following:

(1) Meet with the child as soon as possible following appointment pursuant to section 6337 (relating to right to counsel) and on a regular basis thereafter in a manner appropriate to the child's age and maturity.

(2) On a timely basis, be given access to relevant court and county agency records, reports of examination of the parents or other custodian of the child pursuant to this chapter and medical, psychological and school records.

(3) Participate in all proceedings, including hearings before masters, and administrative hearings and reviews to the degree necessary to adequately represent the child.

(4) Conduct such further investigation necessary to ascertain the facts.

(5) Interview potential witnesses, including the child's parents, caretakers and foster parents, examine and cross-examine witnesses and present witnesses and evidence necessary to protect the best interests of the child.

(6) At the earliest possible date, be advised by the county agency having legal custody of the child of:

(i) any plan to relocate the child or modify custody or visitation arrangements, including the reasons therefor, prior to the relocation or change in custody or visitation; and

(ii) any proceeding, investigation or hearing under 23 Pa.C.S. Ch. 63 (relating to child protective services) or this chapter directly affecting the child.

(7) Make specific recommendations to the court relating to the appropriateness and safety of the child's placement and services necessary to address the child's needs and safety.

(8) Explain the proceedings to the child to the extent appropriate given the child's age, mental condition and emotional condition.

(9) Advise the court of the child's wishes to the extent that they can be ascertained and present to the court whatever evidence exists to support the child's wishes. When appropriate because of the age or mental and emotional condition of the child, determine to the fullest extent possible the wishes of the child and communicate this information to the court. A difference between the child's wishes under this paragraph and the recommendations under paragraph (7) shall not be considered a conflict of interest for the guardian ad litem. (May 10, 2000, P.L.74, No.18, eff. 60 days) 2000 Amendment. Act 18 added section 6311. Section 5(1) of Act 18 provided that Act 18 shall apply to proceedings initiated on or after the effective date of Act 18. Suspension by Court Rule. Subsection (b)(9) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(3), amended April 29, 2011, insofar as it is inconsistent with Rules

1151 and 1154 relating to assignment of guardian ad litem and counsel and duties of guardian ad litem. Cross References. Section 6311 is referred to in sections 6337, 6351 of this title.
42 Pa.C.S. § 4502 — PA Code / Title 42 / Chapter 45 / Section 4502
Qualifications of jurors.
Status: in_force

(a) General rule.--Every citizen of this Commonwealth who is of the required minimum age for voting for State or local

officials and who resides in the county shall be qualified to serve as a juror therein unless such citizen:

(1) is unable to read, write, speak and understand the English language;

(2) is incapable, by reason of mental or physical infirmity, to render efficient jury service; or

(3) has been convicted of a crime punishable by imprisonment for more than one year and has not been granted a pardon or amnesty therefor.

(b) Definition.--For purposes of this section, "convicted of a crime punishable by imprisonment for more than one year" does not include a conviction for any offense under or violation of the former act of May 1, 1929 (P.L.905, No.403), known as The Vehicle Code, or the former act of April 29, 1959 (P.L.58, No.32), known as The Vehicle Code, which offense or violation, if it had been committed after July 1, 1977:

(1) would have been substantially similar to an offense currently graded as a summary offense under 75 Pa.C.S. (relating to vehicles); or

(2) would not have been a violation of law. (Dec. 17, 2001, P.L.944, No.113, eff. imd.) Cross References. Section 4502 is referred to in sections 4521, 4522, 4523 of this title.
42 Pa.C.S. § 6801 — PA Code / Title 42 / Chapter 68 / Section 6801
Controlled substances forfeiture (Repealed).
Status: repealed

2017 Repeal. Section 6801 was repealed June 29, 2017, P.L.247, No.13, effective July 1, 2017.
42 Pa.C.S. § 7321.21 — PA Code / Title 42 / Chapter 73 / Section 7321.21
Change of award by arbitrator.
Status: in_force

(a) Motion.--On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:

(1) upon a ground stated in section 7321.25(a)(1) or

(3) (relating to modification or correction of award);

(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3) to clarify the award.

(b) Time for motion.--A motion under subsection (a) must be made and notice given to all parties within 20 days after the movant receives notice of the award.

(c) Time for objection to motion.--A party to the arbitration proceeding must give notice of an objection to the motion within 10 days after receipt of the notice.

(d) Pending motion to court.--If a motion to the court is pending under section 7321.23 (relating to confirmation of award), 7321.24 (relating to vacating award) or 7321.25, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

(1) upon a ground stated in section 7321.25(a)(1) or

(3);

(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3) to clarify the award.

(e) Other provisions applicable.--An award modified or corrected under this section is subject to sections 7321.20(a) (relating to award), 7321.23, 7321.24 and 7321.25. Cross References. Section 7321.21 is referred to in sections 7321.5, 7321.23, 7321.24, 7321.25 of this title.
42 Pa.C.S. § 8143 — PA Code / Title 42 / Chapter 81 / Section 8143
Open-end mortgages.
Status: in_force

(a) General rule.--Whether or not it secures any other debt or obligation, an open-end mortgage, other than a purchase money mortgage as defined in section 8141 (relating to time from which liens have priority), may secure unpaid balances of advances made after such open-end mortgage is left for record. The validity and enforceability of the lien of an open-end mortgage shall not be affected by the fact that the first advance is

made after the date of recording of the mortgage or that there may be no outstanding indebtedness for a period of time after an advance or advances may have been made and repaid.

(b) Unobligated advance after notice.--An open-end mortgage securing unpaid balances of advances referred to in subsection

(a) is a lien on the premises described therein from the time the mortgage is left for record for the full amount of the total unpaid indebtedness, including the unpaid balances of the advances that are made under the mortgage plus interest thereon, regardless of the time when the advances are made. However, if an advance is made after the holder of the mortgage receives written notice which complies with subsection (d) of a lien or encumbrance on the mortgaged premises which is subordinate to the lien of the mortgage and if the holder is not obligated to make the advance at the time the notice is received, then the lien of the mortgage for the unpaid balance of the advance so made is subordinate to the lien or encumbrance unless the advance so made is in order to pay toward, or to provide funds to the mortgagor to pay toward, all or part of the cost of completing any erection, construction, alteration or repair of any part of the mortgaged premises, the financing of which, in whole or in part, the mortgage was given to secure. If an advance is made after the holder of an open-end mortgage receives written notice of labor performed or to be performed or materials furnished or to be furnished for the erection, construction, alteration or repair of any part of the mortgaged premises and if the holder is not obligated to make the advance at the time the notice is received, then the lien of the mortgage for the unpaid balance of the advance so made is subordinate to a valid mechanic's lien for the labor actually performed or materials actually furnished as specified in the notice unless the advance so made is in order to pay toward, or to provide funds to the mortgagor to pay toward, all or part of the cost of completing any erection, construction, alteration or repair of any part of the mortgaged premises, the financing of which, in whole or in part, the mortgage was given to secure.

(c) Mortgagor may limit indebtedness.--The mortgagor may limit the indebtedness secured by an open-end mortgage, and release the obligation of the mortgagee to make any further payments, to that in existence at the time of the delivery of a written notice to that effect to the recorder for record, if the notice is executed by the mortgagor, is acknowledged according to law and states the volume and initial page of the record or the recorder's file number of the mortgage, and a copy thereof is served upon the holder of the mortgage more than three days prior to the delivery of the notice to the recorder for record. The notice shall be recorded and indexed by the recorder as an amendment of the mortgage and shall be noted on the margin of the record of the mortgage, giving the book and page number where the notice is recorded. The right of the mortgagor to limit indebtedness secured by the mortgage is not applicable to interest subsequently accruing on indebtedness or advances made after the delivery of the notice to the recorder for record in order to pay for all or part of the cost of completing any erection, construction, alteration or repair of any part of the mortgaged premises, the financing of which, in whole or in part, the mortgage was given to secure.

(d) Notice.--The written notices provided for in subsection

(b) shall be signed by the holder of the lien or encumbrance or the person who has performed or intends to perform the labor or who has furnished or intends to furnish materials, or by his agent or attorney, and shall set forth a description of the

real property to which the notice relates, the date, the parties to, the volume and initial page of the record or the recorder's file number of the mortgage over which priority is claimed for the lien or encumbrance and the amount and nature of the claim to which the lien or encumbrance relates or the nature of the labor performed or to be performed or materials furnished or to be furnished and the amount claimed or to be claimed therefor. The written notices provided for in subsections (b) and (c) shall be deemed to have been received by or served upon the holder of the mortgage when delivered to the holder personally or by registered or certified mail at the address of the holder appearing in the mortgage or an assignment thereof or, if no address is so given, at the principal place of business or residence of the holder or the agent of the holder within this Commonwealth or, if the holder has no principal place of business or residence or agent within this Commonwealth, when posted in some conspicuous place on the mortgaged premises.

(e) Section not exclusive.--This section is not exclusive and shall not be construed to change existing law with respect to the priority of the lien of advances made pursuant to a mortgage except to the extent that it gives priority to the lien for advances under an open-end mortgage complying with the requirements of this section which would not have such priority in the absence of this section.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Holder of the mortgage." The holder of the mortgage as disclosed by the records of the recorder or recorders of the county or counties in which the mortgaged premises are situated.

"Indebtedness." The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit secured by the mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises.

"Mortgage." Includes a mortgage, deed of trust or other instrument in the nature of a mortgage.

"Mortgagor." Includes the mortgagor's successors in interest as disclosed by the records of the recorder or recorders of the county or counties in which the mortgaged premises are situated.

"Open-end mortgage." A mortgage which secures advances, up to a maximum amount of indebtedness outstanding at any time stated in the mortgage, plus accrued and unpaid interest. Such a mortgage shall be identified at the beginning thereof as an "open-end mortgage" and shall clearly state that it secures future advances, which in the case of a home equity plan, the lender has a contractual obligation to make on the terms and conditions set forth in the mortgage and open-end loan agreement with the borrower. Such open-end mortgage shall be deemed to secure obligatory future advances even though the mortgage or loan agreement contains some or all of the limitations and conditions on the obligation to make advances which are permitted for home equity plans under the Home Equity Loan Consumer Protection Act of 1988 (Public Law 100-709, 102 Stat. 4725), as implemented by Regulation Z issued thereunder in 12 CFR 226.5(b) (relating to general disclosure requirements).

"Recorder." The recorder of deeds or other official in charge of recording mortgages in each county in which the mortgaged premises are located. (Oct. 12, 1990, P.L.525, No.126, eff. 60 days)

1990 Amendment. Act 126 added section 8143. Section 2 of Act 126 provided that nothing contained in Act 126 shall be construed to affect the priority of advances made under any mortgage recorded before the effective date of Act 126.
42 Pa.C.S. § 6338 — PA Code / Title 42 / Chapter 63 / Section 6338
Other basic rights.
Status: in_force

(a) General rule.--A party is entitled to the opportunity to introduce evidence and otherwise be heard in his own behalf and to cross-examine witnesses.

(b) Self-incrimination.--A child charged with a delinquent act need not be a witness against or otherwise incriminate himself. An extrajudicial statement, if obtained in the course of violation of this chapter or which could be constitutionally inadmissible in a criminal proceeding, shall not be used against him. Evidence illegally seized or obtained shall not be received over objection to establish the allegations made against him. A confession validly made by a child out of court at a time when the child is under 18 years of age shall be insufficient to support an adjudication of delinquency unless it is corroborated by other evidence.

(c) Statements and information obtained during screening or assessment.--

(1) No statements, admissions or confessions made by or incriminating information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with any proceedings under this chapter, including, but not limited to, that which is court ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in any criminal proceeding.

(2) The provisions of paragraph (1) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment. (Oct. 9, 2008, P.L.1396, No.109, eff. 60 days) 2008 Amendment. Act 109 added subsec. (c). Cross References. Section 6338 is referred to in sections 6315, 6368 of Title 23 (Domestic Relations).
42 Pa.C.S. § 4552 — PA Code / Title 42 / Chapter 45 / Section 4552
Investigating grand jury reports.
Status: in_force

(a) General rule.--Any investigating grand jury, by an affirmative majority vote of the full investigating grand jury, may, at any time during its term submit to the supervising judge an investigating grand jury report.

(b) Examination by court.--The judge to whom such report is submitted shall examine it and the record of the investigating grand jury and, except as otherwise provided in this section, shall issue an order accepting and filing such report as a public record with the court of common pleas established for or embracing the county or counties which are the subject of such report only if the report is based upon facts received in the course of an investigation authorized by this subchapter and is supported by the preponderance of the evidence.

(c) Sealed report.--Upon the submission of a report pursuant to subsection (a), if the supervising judge finds that the filing of such report as a public record may prejudice fair consideration of a pending criminal matter, he shall order such report sealed and such report shall not be subject to subpoena or public inspection during the pendency of such criminal matter except upon order of court.

(d) Appeal from refusal to file.--Failure of the supervising judge to accept and file as a public record a report submitted under this section may be appealed by the attorney for the Commonwealth to the Supreme Court in the manner prescribed by general rules.

(e) Authorization of response by nonindicted subject.--If the supervising judge finds that the report is critical of an individual not indicted for a criminal offense the supervising judge may in his sole discretion allow the named individual to submit a response to the allegations contained in the report. The supervising judge may then in his discretion allow the response to be attached to the report as part of the report before the report is made part of the public record pursuant to subsection (b).
42 Pa.C.S. § 3702 — PA Code / Title 42 / Chapter 37 / Section 3702
General facilities and services furnished by Administrative Office.
Status: in_force

The Administrative Office, either directly or where appropriate in the case of equipment, materials and supplies, through the Department of General Services, shall furnish all personnel of the system entitled thereto with all necessary accommodations, goods and services which are not required by statute to be furnished by another government unit. Nothing in this section shall be construed to shift the liability for furnishing any such necessary accommodations, goods and services to the Commonwealth and where it is necessary for the Administrative Office to furnish any such necessary accommodations, goods or services for which the Commonwealth is not liable the cost thereof shall be paid by the defaulting government unit. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
42 Pa.C.S. § 5521 — PA Code / Title 42 / Chapter 55 / Section 5521
Limitations on foreign claims.
Status: in_force

(a) Short title of section.--This section shall be known and may be cited as the "Uniform Statute of Limitations on Foreign Claims Act."

(b) General rule.--The period of limitation applicable to a claim accruing outside this Commonwealth shall be either that provided or prescribed by the law of the place where the claim accrued or by the law of this Commonwealth, whichever first bars the claim.

(c) Definition.--As used in this section "claim" means any right of action which may be asserted in a civil action or

proceeding and includes, but is not limited to, a right of action created by statute. Cross References. Section 5521 is referred to in section 5531 of this title.
42 Pa.C.S. § 1141 — PA Code / Title 42 / Chapter 11 / Section 1141
Pittsburgh Magistrates Court.
Status: in_force

The Pittsburgh Magistrates Court shall be a court not of record and shall consist of such a number of judges, not less than five nor more than eight, as shall be specified by ordinance of the City of Pittsburgh. The magistrates court shall be the police magistrates authorized to be continued in existence by section 21, Schedule to Article V of the Constitution of Pennsylvania adopted April 23, 1968. Judges of the Pittsburgh Magistrates Court shall be deemed magisterial district judges for the purposes of Chapter 33 (relating to discipline, removal and retirement of judicial officers). (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 6336 — PA Code / Title 42 / Chapter 63 / Section 6336
Conduct of hearings.
Status: in_force

(a) General rule.--Hearings under this chapter shall be conducted by the court without a jury, in an informal but orderly manner, and separate from other proceedings not included in section 6303 (relating to scope of chapter).

(b) Functions of district attorney.--The district attorney, upon request of the court, shall present the evidence in support of the petition and otherwise conduct the proceedings on behalf of the Commonwealth.

(c) Record.--If requested by the party or ordered by the court the proceedings shall be recorded by appropriate means. If not so recorded, full minutes of the proceedings shall be kept by the court.

(d) Proceeding in camera.--Except in hearings to declare a person in contempt of court and in hearings as specified in subsection (e), the general public shall be excluded from hearings under this chapter. Only the parties, their counsel, witnesses, the victim and counsel for the victim, other persons accompanying a party or a victim for his or her assistance, and any other person as the court finds have a proper interest in the proceeding or in the work of the court shall be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his delinquency are being heard.

(e) Open proceedings.--The general public shall not be excluded from any hearings under this chapter:

(1) Pursuant to a petition alleging delinquency where the child was 14 years of age or older at the time of the alleged conduct and the alleged conduct would be considered a felony if committed by an adult.

(2) Pursuant to a petition alleging delinquency where the child was 12 years of age or older at the time of the alleged conduct and where the alleged conduct would have constituted one or more of the following offenses if committed by an adult:

(i) Murder.

(ii) Voluntary manslaughter.

(iii) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).

(iv) Arson as defined in 18 Pa.C.S. § 3301(a)(1) (relating to arson and related offenses).

(v) Involuntary deviate sexual intercourse.

(vi) Kidnapping.

(vii) Rape.

(viii) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).

(ix) Robbery of motor vehicle.

(x) Attempt or conspiracy to commit any of the offenses in this paragraph. Notwithstanding anything in this subsection, the proceedings shall be closed upon and to the extent of any agreement between the child and the attorney for the Commonwealth.

(f) Discretion of court.--The court at any disposition proceeding under subsection (e) shall have discretion to maintain the confidentiality of mental health, medical or juvenile institutional documents or juvenile probation reports.

(g) Summary offenses.--The provisions of subsection (d), insofar as subsection (d) relates to the exclusion of the general public from the proceedings, shall apply to proceedings involving a child charged with a summary offense when the proceedings are before a judge of the minor judiciary, the Philadelphia Municipal Court or a court of common pleas.

(h) Adjudication alternative.--The magisterial district judge may refer a child charged with a summary offense to an adjudication alternative program under section 1520 (relating to adjudication alternative program) and the Pennsylvania Rules of Criminal Procedure. (Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Apr. 6, 1995, 1st Sp.Sess., P.L.997, No.11, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 90 days; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days) 2014 Amendment. Act 138 amended subsec. (g).

Amendment . Act 204 added subsecs. (g) and (h). Suspension by Court Rule. Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(3), amended December 30, 2005, insofar as it is inconsistent with Rule 127(A) relating to recording and transcribing juvenile court proceedings. Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(2), adopted August 21, 2006, insofar as it is inconsistent with Rules 1127(A) and 1242(B)(2) relating to recording and transcribing juvenile court proceedings and general conduct of shelter care hearing. Subsection (b) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(12), amended July 18, 2012, insofar as

it is inconsistent with Rules 242(B)(1)(b), 406(A)(2)(b) and 512(A), relating to detention hearing, adjudicatory hearing and dispositional hearing. Cross References. Section 6336 is referred to in sections 6303, 6307, 6308 of this title.
42 Pa.C.S. § 7103 — PA Code / Title 42 / Chapter 71 / Section 7103
Interpreters for the deaf (Deleted by amendment).
Status: in_force

2006 Amendment. Section 7103 was deleted by amendment Nov. 29, 2006, P.L.1538, No.172, effective in 60 days.
42 Pa.C.S. § 9799.8 — PA Code / Title 42 / Chapter 97 / Section 9799.8
Annual performance audit (Expired).
Status: reserved

2012 Expiration. Section 9799.8 expired December 20, 2012. See Act 111 of 2011.

Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
42 Pa.C.S. § 8312 — PA Code / Title 42 / Chapter 83 / Section 8312
Profits received as a result of commission of crime.
Status: in_force

(a) General rule.--If a person has been convicted of a crime, every person who knowingly contracts for, pays or agrees to pay any profit from a crime to that person shall give written notice to the board of the payment or obligation to pay as soon as practicable after discovering that the payment or intended payment is a profit from a crime. The board, upon receipt of notice of a contract, an agreement to pay or payment of profits from a crime, shall notify all known eligible persons at their last known address of the existence of the profits.

(b) Right of action.--Notwithstanding any inconsistent provision of law or rules of civil procedure with respect to the timely bringing of an action, any eligible person shall have the right to bring a civil action in a court of competent jurisdiction to recover money damages from a person convicted of a crime or the legal representative of that convicted person within three years of the discovery of any profits from a crime. Any damages awarded in this action shall be recoverable only up to the value of the profits from the crime. If an action is filed under this subsection after the expiration of all other applicable statutes of limitation, any other eligible person must file any action for damages as a result of the crime within three years of the actual discovery of profits from the crime or of actual notice received from or notice published by the board of the discovery, whichever is later. If any profits from a crime remain after the payment of claims made under this

section, the board shall have the right to bring a civil action within two years in a court of competent jurisdiction to recover any payments made by the board pursuant to Article IV of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, and any expenses incurred by the board pursuant to Article IV of The Administrative Code of 1929 or this section with regard to such crime or the person convicted of such crime.

(c) Notice.--Upon filing an action under subsection (b), the eligible person shall give notice to the board of the filing by delivering a copy of the complaint to the board. The eligible person may also give notice to the board prior to filing the action so as to allow the board to apply for any appropriate remedies which are otherwise authorized to be invoked prior to the commencement of an action.

(d) Responsibilities of board.--Upon receipt of a copy of a complaint, the board shall immediately take action as necessary to:

(1) Notify all other known eligible persons of the alleged existence of profits from a crime by certified mail, return receipt requested, where the eligible persons' names and addresses are known by the board.

(2) Publish, at least once a year for three years from the date it is initially notified by an eligible person under subsection (c), a legal notice in newspapers of general circulation in the county wherein the crime was committed and in counties contiguous to that county advising any eligible persons of the existence of profits from a crime. The board may in its discretion provide for additional notice as it deems necessary.

(3) Avoid the wasting of the assets identified in the complaint as the newly discovered profits from a crime in any manner consistent with subsection (e).

(e) Other remedies.--The board, acting on behalf of all eligible persons, shall have the right to apply for any and all remedies that are also otherwise available to an eligible person bringing an action under subsection (b). The remedies of attachment, injunction, receivership and notice of pendency available under law to an eligible person bringing an action under subsection (b) shall also be available to the board in all actions under this subsection. On a motion for a remedy, the moving party shall state whether any other remedy has previously been sought in the same action against the same defendant. The court may require the moving party to elect between those remedies to which it would otherwise be entitled.

(f) Evasive action null and void.--Any action taken by any person convicted of a crime, whether by way of execution of a power of attorney, creation of corporate entities or otherwise, to defeat the purpose of this section shall be null and void as against the public policy of this Commonwealth.

(g) Penalties.--

(1) Any person who willfully fails to do any of the following is subject to a civil penalty of not less than $10,000 for each offense and not more than an amount equal to three times the contract amount:

(i) submit to the board a copy of the contract described in subsection (a); or

(ii) pay over to the board any moneys or other consideration as required by this section.

(2) If two or more persons are subject to the penalties provided in this section, the persons shall be jointly and severally liable for the payment of the penalty imposed.

(3) After notice and opportunity to be heard is provided, the board may by order assess the penalties described in this section.

(4) If the penalties are not paid within 30 days from the date of the order, any penalty assessed under this section shall bear interest at the rate of 1% per month, compounded monthly.

(5) An action to recover a civil penalty assessed under this section may be brought by the board in a court of competent jurisdiction within six years after the cause of action accrues.

(6) Any moneys recovered under this subsection shall be paid into the Crime Victim's Compensation Fund.

(h) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Board." The Crime Victim's Compensation Board as defined in section 477 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

"Convicted." Includes conviction by entry of a plea of guilty or nolo contendere, conviction after trial and a finding of not guilty due to insanity or of guilty but mentally ill.

"Eligible person." Includes any of the following persons:

(1) A victim of the particular crime in question, as "victim" is defined in section 479.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(2) An intervenor in such crime.

(3) A surviving spouse, parent or child of a deceased victim of or intervenor in such crime.

(4) Any other person dependent for his principal support upon a deceased victim of or intervenor in such crime. No person who is criminally responsible for the crime in question or was an accomplice of the person who is criminally responsible shall be an eligible person.

"Profit from a crime." Includes any of the following:

(1) Any property obtained through or income generated from the commission of a crime of which the defendant was convicted.

(2) Any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime of which the defendant was convicted, including any gain realized by such sale, conversion or exchange.

(3) Any property which the defendant obtained or income generated as a result of having committed the crime of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of or in preparation for the commission of the crime, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange. (May 3, 1995, 1st Sp.Sess., P.L.999, No.12, eff. imd.) 1995 Amendment. Act 12, 1st Sp.Sess., added section 8312. References in Text. Sections 477 and 479.1 of the act of April 9, 1929, P.L.177, No.175, known as The Administrative Code of 1929, referred to in subsec. (h), were repealed by the act of November 24, 1998, P.L.882, No.111, known as the Crime Victims Act. The subject matter is now contained in Act 111.
42 Pa.C.S. § 7309 — PA Code / Title 42 / Chapter 73 / Section 7309
Witnesses, subpoenas, oaths and depositions.
Status: in_force

(a) General rule.--The arbitrators may issue subpoenas in the form prescribed by general rules for the attendance of witnesses and for the production of books, records, documents and other evidence. Subpoenas so issued shall be served and, upon application to the court by a party or by the arbitrators, shall be enforced in the manner provided or prescribed by law for the service and enforcement of subpoenas in a civil action.

(b) Depositions.--On application of a party and for use as evidence the arbitrators, in the manner and upon the terms designated by them, may permit a deposition to be taken of a witness who cannot be served with a subpoena or who is unable to attend the hearing.

(c) Compulsory testimony.--The arbitrators shall have power to administer oaths. All provisions of law compelling a person under subpoena to testify are applicable.

(d) Fees.--Fees and expenses for attendance as a witness shall be governed by the provisions of section 5903 (relating to compensation and expenses of witnesses).
42 Pa.C.S. § 1144 — PA Code / Title 42 / Chapter 11 / Section 1144
Lien of judgment.
Status: in_force

A judgment of the Pittsburgh Magistrates Court shall not operate as a lien on real property until a transcript of the record showing a final judgment of the Pittsburgh Magistrates Court has been filed in the manner prescribed by general rules in the office of the prothonotary of Allegheny County. After entry of the judgment, the judgment shall, from the date of its entry, be a lien upon real property to the same extent that judgment recovered in the court of common pleas is a lien. No transcript of the record shall be filed until 30 days after the entry of final judgment by the Pittsburgh Magistrates Court. No execution against real estate shall be issued by the Pittsburgh Magistrates Court. (Dec. 21, 1988, P.L.1862, No.179, eff. 60 days)

1988 Amendment. Act 179 added section 1144. Section 3 of Act 179 provided that section 1144 shall apply to final judgments entered by the Pittsburgh Magistrates Court on or after the effective date of Act 179.
42 Pa.C.S. § 6352.2 — PA Code / Title 42 / Chapter 63 / Section 6352.2
Interagency information sharing.
Status: in_force

(a) Scope.--This section shall apply to court-approved interagency information-sharing agreements entered into in accordance with this section. Nothing in this section shall preclude the sharing of information not otherwise prohibited by law.

(b) General rule.--The contents of county agency, juvenile probation department, drug and alcohol, mental health and education records regarding a child who is the subject of an open child protective services or general protective services investigation, who is alleged to be dependent, who has been accepted for service by a county agency, who has been placed under supervision under an informal adjustment or consent decree, who has been found to have committed a delinquent act or who has been found to be dependent or delinquent shall be provided, upon request, to the county agency, court or juvenile probation department, under and except as prohibited by the following:

(1) This chapter.

(2) Section 5944 (relating to confidential communications to psychiatrists or licensed psychologists).

(3) The act of February 13, 1970 (P.L.19, No.10), entitled "An act enabling certain minors to consent to medical, dental and health services, declaring consent unnecessary under certain circumstances."

(4) The act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.

(5) The act of November 29, 1990 (P.L.585, No.148), known as the Confidentiality of HIV-Related Information Act.

(6) Federal law, including the Family Educational Rights and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g), the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936) and the

procedures, limitations and criteria set forth in regulations adopted by the Department of Health and Human Services relating to the confidentiality of drug and alcohol treatment records.

(c) Sharing of information.--

(1) The county agency, court or juvenile probation department shall, in accordance with the procedures established under this section, use the information contained in the records in furtherance of a disposition under this chapter of the child who is the subject of the records. Unless otherwise prohibited by this chapter or by the statutes or regulations listed under subsection (b)(2), (3),

(4), (5) and (6), the information contained in the records may, notwithstanding any other provision of law, be shared among authorized representatives of the county agency, court and juvenile probation department in furtherance of a disposition under this chapter of the child, or, if no child-specific or other confidential information is disclosed, in furtherance of efforts to identify and provide services to children who are determined to be at risk of child abuse, parental neglect or initial or additional delinquent behavior.

(2) Unless otherwise prohibited under this chapter or by the statutes or regulations listed under subsection

(b)(2), (3), (4), (5) and (6) or any other provision of law, the information under paragraph (1) may also be shared with other agencies or entities if there is a specific need to do so. The information shall be shared for the limited purposes set forth under this section under an interagency information-sharing agreement developed under subsection (d) or upon order of court or the written consent of the parent or guardian of the child who is the subject of the records or any person, including the child, otherwise having the authority to consent to the sharing of the information.

(d) Interagency information-sharing agreements.--

(1) Subject to approval of the court and the requirements of this chapter and the statutes and regulations listed under subsection (b)(2), (3), (4), (5) and (6), an interagency information-sharing agreement may be developed in each county among the county agency, juvenile probation department, local law enforcement agencies, mental health agencies, drug and alcohol agencies, local school districts and other agencies and entities as deemed appropriate, to enhance the coordination of case management services to and the supervision of children who have been accepted for service by a county agency, who are being supervised under an informal adjustment or a consent decree, who have been found to have committed a delinquent act or who have been found to be dependent or delinquent, to enhance the coordination of efforts to identify children who may be at risk of child abuse, parental neglect or initial or additional delinquent behavior and to provide services to these children and their families. Any agreement under this subsection shall be signed by the chief executive officers of the entities referred to in this section as well as the public defender's office and guardian ad litem in each county and shall be submitted to the court for approval. In counties that do not have agencies with primary responsibility for representing delinquent or dependent children, the court shall designate attorneys at law with experience in representing those children to satisfy the requirements of this paragraph.

(2) All interagency information-sharing agreements shall, at a minimum, do all of the following:

(i) Provide that information will be shared under this chapter and the statutes or regulations listed under subsection (b)(2), (3), (4), (5) and (6) to enhance the coordination of case management services to and the supervision of children who have been found to be dependent or delinquent, who are being supervised under an informal adjustment or a consent decree, who have been found to have committed a delinquent act or who have been accepted for service by a county agency, and to enhance the coordination of efforts to identify children who may be at risk of child abuse, parental neglect or initial or additional delinquent behavior and to provide services to these children and their families.

(ii) Whenever possible, the preferred method for obtaining authorization to share confidential information shall be upon the written, informed consent of the person authorized under applicable law to consent to the release of information after that person has been provided a full understanding of the circumstances under which and with whom the information will be shared.

(iii) Set forth the specific activities in which the signatories and the signatories' representatives will engage, either collectively or individually, in furtherance of the purposes of the agreement.

(iv) Prohibit the release of information shared under this agreement with other parties, except as otherwise required or permitted by statute. (July 8, 2016, P.L.494, No.78, eff. 60 days) 2016 Amendment. Act 78 added section 6352.2.
42 Pa.C.S. § 9712.1 — PA Code / Title 42 / Chapter 97 / Section 9712.1
Sentences for certain drug offenses committed with firearms.
Status: in_force

(a) Mandatory sentence.--Any person who is convicted of a violation of section 13(a)(30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, when at the time of the offense the person or the person's accomplice is in physical possession or control of a firearm, whether visible, concealed about the person or the person's accomplice or within the actor's or accomplice's reach or in close proximity to the controlled substance, shall likewise be sentenced to a minimum sentence of at least five years of total confinement.

(b) Limitation on aggregate sentences.--Where a defendant is subject to a mandatory minimum sentence under 18 Pa.C.S. § 7508(a) (relating to drug trafficking sentencing and penalties) and is also subject to an additional penalty under subsection

(a) and where the court elects to aggregate these penalties, the combined minimum sentence may not exceed the statutory maximum sentence of imprisonment allowable under The Controlled Substance, Drug, Device and Cosmetic Act.

(c) Proof at sentencing.--Provisions of this section shall not be an element of the crime, and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present any necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable.

(d) Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(e) Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(f) Definition.--As used in this section, the term "firearm" shall have the same meaning as that given to it in section 9712 (relating to sentences for offenses committed with firearms). (Dec. 1, 2004, P.L.1747, No.225, eff. 60 days) 2004 Amendment. Act 225 added section 9712.1. See section 2 of Act 225 in the appendix to this title for special provisions relating to public information campaign. Cross References. Section 9712.1 is referred to in sections 4503, 4601, 6137.1 of Title 61 (Prisons and Parole).
42 Pa.C.S. § 9 — PA Code / Title 42 / Chapter 9 / Section 9
Severability.
Status: in_force

The provisions of this act are severable. If any provision of this act is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.
42 Pa.C.S. § 951 — PA Code / Title 42 / Chapter 9 / Section 951
Court divisions.
Status: in_force

(a) Philadelphia County.--The Court of Common Pleas of Philadelphia County shall have the following divisions:

(1) Trial division.

(2) Orphans' court division.

(3) Family court division.

(b) Allegheny County.--The Court of Common Pleas of Allegheny County shall have the following divisions:

(1) Civil division.

(2) Criminal division.

(3) Orphans' court division.

(4) Family division.

(c) Other separate orphans' court divisions.--The courts of common pleas of Beaver, Berks, Bucks, Cambria, Chester, Dauphin, Delaware, Erie, Fayette, Lackawanna, Lancaster, Lehigh, Luzerne, Montgomery, Schuylkill, Washington, Westmoreland and York counties shall each have a separate orphans' court division.

(d) Judicial districts having no separate orphans' court division.--In each judicial district having no separate orphans' court division, there shall be an orphans' court division composed of the court of common pleas of that judicial district.

(e) Change in size of divisions.--The number of judges constituting a division may be increased or reduced by order of the governing authority.
42 Pa.C.S. § 503 — PA Code / Title 42 / Chapter 5 / Section 503
Reassignment of matters.
Status: in_force

(a) General rule.--The Supreme Court may by general rule provide for the assignment and reassignment of classes of matters among the several courts of this Commonwealth and the magisterial district judges as the needs of justice shall require and all laws shall be suspended to the extent that they are inconsistent with such general rules.

(b) Procedures.--

(1) Rules adopted pursuant to subsection (a) shall be reported to the General Assembly by the Chief Justice at or after the beginning of a regular session thereof, but not later than May 1.

(2) Upon receipt, such rules shall be proposed to each house of the General Assembly as a resolution or resolutions,

shall be placed on the calendar of each house for the next legislative day following their receipt, and shall be considered by each house within 120 calendar days of continuous session by the General Assembly.

(3) Such rules shall take effect if they are approved by a majority vote of the duly elected members of each house during such 120-day period, or may be disapproved by either house during that period by a majority vote of the duly elected membership of each house. The effective date of such rules shall be the date of approval of the last of the two houses to act.

(4) Upon the expiration of the 120-day period after the delivery of such rules to the two houses of the General Assembly and the failure to act as provided in paragraphs

(2) and (3), such rules shall become effective.

(5) For the purposes of this subsection, continuity of session shall be considered as broken only by an adjournment of the General Assembly sine die; but in the computation of the 120-day period, there shall be excluded the days on which either house is not in session because of an adjournment of more than ten days to a day certain.

(6) Any such rules may, under provisions contained therein, be made operative at a time later than the date on which such rules would otherwise take effect. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Cross References. Section 503 is referred to in sections 701, 704, 931, 932, 933, 1105, 1123, 1143, 1302, 1515, 1702, 1722, 3724, 5502 of this title.
42 Pa.C.S. § 9799.57 — PA Code / Title 42 / Chapter 97 / Section 9799.57
Sentencing court information.
Status: in_force

The sentencing court shall inform offenders and sexually violent predators convicted on or after February 21, 2018, at the time of sentencing of the provisions of this subchapter. The court shall:

(1) Specifically inform the offender or sexually violent predator of the duty to register and provide the information required for each registration, including verification as required in section 9799.60(a) (relating to verification of residence).

(2) Specifically inform the offender or sexually violent predator of the duty to inform the Pennsylvania State Police within three business days if the offender or sexually violent predator changes residence or establishes an additional residence or residences, changes employer or employment location for a period of time that will exceed 14 days or for an aggregate period of time that will exceed 30 days during a calendar year or terminates employment or changes institution or location at which the person is enrolled as a student or terminates enrollment. In order to fulfill the requirements of this paragraph, the sentencing court shall specifically inform the offender or sexually violent predator of the duty to inform the Pennsylvania State Police of:

(i) the location of a temporary habitat or other temporary place of abode or dwelling, including a homeless shelter or park, where the individual is lodged;

(ii) the places the individual eats, frequents and engages in leisure activities and any planned destinations, including those outside this Commonwealth; and

(iii) the place the individual receives mail, including a post office box, if the individual fails to establish a residence as defined in paragraph (1) of the definition of "residence" in section 9799.53 (relating to definitions).

(2.1) Specifically inform the offender or sexually violent predator of the duty to inform the Pennsylvania State Police within three business days of becoming employed or enrolled as a student if the person has not previously provided that information to the Pennsylvania State Police.

(3) Specifically inform the offender or sexually violent predator of the duty to register with a new law enforcement agency if the offender or sexually violent predator moves to another state no later than three business days after establishing residence in another state.

(4) Order the fingerprints and photograph of the offender or sexually violent predator to be provided to the Pennsylvania State Police upon sentencing.

(5) Specifically inform the offender or sexually violent predator of the duty to register with the appropriate authorities in a state in which the offender or sexually violent predator is employed, carries on a vocation or is a student if the state requires the registration.

(6) Require the offender or sexually violent predator to read and sign a form stating that the duty to register under this subchapter has been explained. Where the offender or sexually violent predator is incapable of reading, the

court shall certify the duty to register was explained to the offender or sexually violent predator and the offender or sexually violent predator indicated an understanding of the duty. (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted and amended section 9799.57. Act 29 overlooked the addition of section 9799.57 by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.57. Cross References. Section 9799.57 is referred to in sections 9799.54, 9799.56 of this title.
42 Pa.C.S. § 2151.2 — PA Code / Title 42 / Chapter 21 / Section 2151.2
Commission.
Status: in_force

(a) Continuation.--The commission is continued as an agency of the General Assembly.

(b) Seal.--The commission shall have a seal engraved with the commission's name and such other inscription as may be specified by regulation of the commission. (Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 added present section 2151.2. 2019 Repeal. Act 15 repealed former section 2151.2. Cross References. Section 2151.2 is referred to in section 2151.1 of this title; section 3025 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 2523 — PA Code / Title 42 / Chapter 25 / Section 2523
Persons specially admitted by local rules.
Status: in_force

Any person specially admitted to practice law on or before April 23, 1968 may continue to practice in the court of common pleas or in that division of the court of common pleas and the Philadelphia Municipal Court which substantially includes the practice for which such person was previously specially admitted.
42 Pa.C.S. § 9799.65 — PA Code / Title 42 / Chapter 97 / Section 9799.65
Global positioning system technology.
Status: in_force

The Pennsylvania Parole Board, the Department of Corrections and county probation authorities may impose supervision conditions that include offender tracking through global positioning system technology. (June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
42 Pa.C.S. § 7408 — PA Code / Title 42 / Chapter 74 / Section 7408
Disclosure of information.
Status: in_force

During the collaborative law process, parties shall provide timely, full, candid and informal disclosure of information related to the collaborative matter without formal discovery, and shall update promptly previously disclosed information that has materially changed.
42 Pa.C.S. § 1725.6 — PA Code / Title 42 / Chapter 17 / Section 1725.6
Countywide booking center plan.
Status: in_force

(a) Development.--

(1) A court in a county that has developed and adopted a countywide booking center plan may impose the fee established under section 1725.5 (relating to booking center fee).

(2) A county with a criminal justice advisory board shall develop the plan in conjunction with the criminal justice advisory board.

(3) A county that does not have a criminal justice advisory board shall develop the plan in conjunction with the district attorney, local police departments and municipalities within the county.

(b) Requirements.--The plan adopted under subsection (a) shall do all of the following:

(1) Ensure coordination and collaboration of all criminal justice agencies within the county.

(2) Comply with all applicable Federal and State technology standards for the collection and transmission of offender identification information.

(3) Make recommendations regarding the number, funding and operations of booking centers within the county. The plan shall prioritize the recommendations.

(c) Submission.--

(1) The plan shall be submitted to the Pennsylvania Commission on Crime and Delinquency for review and certification that the plan complies with the requirements of subsection (b)(2).

(2) The Pennsylvania Commission on Crime and Delinquency shall provide a list of all certified county plans to the Administrative Office of Pennsylvania Courts upon each county's certification. The Pennsylvania Commission on Crime and Delinquency shall update this list and provide it to the Administrative Office of Pennsylvania Courts whenever a county is added or subtracted from the list.

(d) Duties of commission.--The Pennsylvania Commission on Crime and Delinquency shall do all of the following:

(1) Determine and certify if a countywide booking center plan submitted by a county criminal justice advisory board or the county commissioners complies with subsection (b)(2).

(2) Adopt guidelines within 90 days of the effective date of this section relating to technology standards for the collection and transmission of offenders' identification. The guidelines shall be published in the Pennsylvania Bulletin.

(e) Implementation.--Following certification by the Pennsylvania Commission on Crime and Delinquency under subsection (d), the county may appropriate moneys in the special central or regional booking center fund to implement the plan to the greatest extent possible.

(f) Limitation.--No more than 5% of moneys in the special central or regional booking center fund may be appropriated by the county for the county's administrative costs related to the collection of the fee under section 1725.5.

(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Booking center." A facility utilized for the processing and identification of individuals arrested, charged or accused of a crime.

"County criminal justice advisory board." A county criminal justice planning board which meets the minimum standard for those boards established by the Pennsylvania Commission on Crime and Delinquency.

"Countywide booking center plan." A written plan that includes a comprehensive strategy to improve the collection, transfer and maintenance of electronic offender identification information. (Sept. 25, 2008, P.L.1026, No.81, eff. 180 days) 2008 Amendment. Act 81 added section 1725.6. Cross References. Section 1725.6 is referred to in section 1725.5 of this title.
42 Pa.C.S. § 8332.1 — PA Code / Title 42 / Chapter 83 / Section 8332.1
Manager, coach, umpire or referee and nonprofit association negligence standard.
Status: in_force

(a) General rule.--Except as provided otherwise in this section, no person who, without compensation and as a volunteer, renders services as a manager, coach, instructor, umpire or referee or who, without compensation and as a volunteer, assists a manager, coach, instructor, umpire or referee in a sports program of a nonprofit association, and no nonprofit association, or any officer or employee thereof, conducting or sponsoring a sports program, shall be liable to any person for any civil damages as a result of any acts or omissions in rendering such services or in conducting or sponsoring such sports program, unless the conduct of such person or nonprofit association falls substantially below the standards generally practiced and accepted in like circumstances by similar persons or similar nonprofit associations rendering such services or conducting or sponsoring such sports programs, and unless it is shown that such person or nonprofit association did an act or omitted the doing of an act which such person or nonprofit association was under a recognized duty to another to do, knowing or having reason to know that such act or omission created a substantial risk of actual harm to the person or property of another. It shall be insufficient to impose liability to establish only that the conduct of such person or nonprofit association fell below ordinary standards of care.

(b) Exceptions.--

(1) Nothing in this section shall be construed as affecting or modifying the liability of such person or nonprofit association for any of the following:

(i) Acts or omissions relating to the transportation of participants in a sports program or others to or from a game, event or practice.

(ii) Acts or omissions relating to the care and maintenance of real estate unrelated to the practice or playing areas which such persons or nonprofit associations own, possess or control.

(2) Nothing in this section shall be construed as affecting or modifying any existing legal basis for determining the liability, or any defense thereto, of any person not covered by the standard of negligence established by this section.

(c) Assumption of risk or contributory fault.--Nothing in this section shall be construed as affecting or modifying the doctrine of assumption of risk or contributory fault on the part of the participant.

(d) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"Compensation." The term shall not include reimbursement for reasonable expenses actually incurred or to be incurred or, solely in the case of umpires or referees, a modest honorarium.

"Nonprofit association." An entity which is organized as a nonprofit corporation or nonprofit unincorporated association under the laws of this Commonwealth or the United States or any entity which is authorized to do business in this Commonwealth as a nonprofit corporation or unincorporated association under the laws of this Commonwealth, including, but not limited to, youth or athletic associations, volunteer fire, ambulance,

religious, charitable, fraternal, veterans, civic, county fair or agricultural associations, or any separately chartered auxiliary of the foregoing, if organized and operated on a nonprofit basis.

"Sports program." Baseball (including softball), football, basketball, soccer and any other competitive sport formally recognized as a sport by the United States Olympic Committee as specified by and under the jurisdiction of the Amateur Sports Act of 1978 (Public Law 95-606, 36 U.S.C. § 371 et seq.), the Amateur Athletic Union or the National Collegiate Athletic Association. The term shall be limited to a program or that portion of a program that is organized for recreational purposes and whose activities are substantially for such purposes and which is primarily for participants who are 18 years of age or younger or whose 19th birthday occurs during the year of participation or the competitive season, whichever is longer. There shall, however, be no age limitation for programs operated for the physically handicapped or mentally retarded. (May 12, 1986, P.L.183, No.57, eff. imd.) 1986 Amendment. Act 57 added section 8332.1. Cross References. Section 8332.1 is referred to in section 3124.3 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 3502 — PA Code / Title 42 / Chapter 35 / Section 3502
Financial regulations.
Status: in_force

(a) General rule.--The governing authority may promulgate regulations relating to forms and accounting methods to be utilized in connection with funds appropriated to the unified judicial system and all fees, costs, grants, moneys paid into court and all other unappropriated funds handled by system and related personnel other than county staff, defining for such accounting purposes terms not otherwise defined in this title, specifying the time and manner of making remittances and disbursements of moneys by system and related personnel other than county staff, and fixing bonding requirements of system and related personnel other than county staff.

(b) County staff.--The Department of Community Affairs, with the approval of the governing authority, may promulgate regulations relating to forms and accounting methods to be utilized in connection with the judicial and related accounts to be maintained pursuant to this part, designating the county staff who shall establish and maintain the judicial and related account of the political subdivision, defining for accounting purposes terms not otherwise defined, used in this part in connection with judicial and related accounts, specifying the time and manner of making remittances and disbursements of moneys under this part by county staff and fixing bonding requirements of county staff handling moneys which are subject to this part. As used in this subsection the term "county staff" includes personnel, except judicial officers, of the City of Pittsburgh.

(c) Payment through financial intermediary.--Regulations prescribed or promulgated pursuant to this section may:

(1) Authorize payment of fines, costs, fees and other remittances through or by a credit card issuer or other financial intermediary.

(2) Authorize the Administrative Office to enter into contracts with credit card issuers and other financial intermediaries relating to the collection, transmission and payment of such remittances.

(3) Adjust the level of fines, costs, fees and other remittances as otherwise fixed by law so as to facilitate the transmission of remittances through or by a financial intermediary pursuant to such regulations without net cost to any government unit. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (b) and added subsec.

(c). References in Text. The Department of Community Affairs, referred to in subsec. (b), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development. Cross References. Section 3502 is referred to in section 3503 of this title; section 930 of Title 30 (Fish); section 931 of Title 34 (Game).
42 Pa.C.S. § 7317 — PA Code / Title 42 / Chapter 73 / Section 7317
Form and service of applications to court.
Status: in_force

Except as otherwise prescribed by general rules, an application to the court under this subchapter shall be by petition and shall be heard in the manner and upon the notice provided or prescribed by law for the making and hearing of petitions in civil matters. Unless the parties otherwise agree, notice of an initial application for an order of court shall be served in the manner provided or prescribed by law for the service of a writ of summons in a civil action.
42 Pa.C.S. § 301 — PA Code / Title 42 / Chapter 3 / Section 301
Unified judicial system.
Status: in_force

The judicial power of the Commonwealth shall be vested in a unified judicial system consisting of the:

(1) Supreme Court.

(2) Superior Court.

(3) Commonwealth Court.

(4) Courts of common pleas.

(5) Community courts.

(6) Philadelphia Municipal Court.

(7) Pittsburgh Magistrates Court.

(8) Traffic Court of Philadelphia.

(9) Magisterial district judges. All courts and magisterial district judges and their jurisdiction shall be in this unified judicial system. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. References in Text. The Traffic Court of Philadelphia, referred to in this section, was abolished by Joint Resolution No.2 of 2016. Cross References. Section 301 is referred to in section 102 of this title; section 3717 of Title 22 (Detectives and Private Police).
42 Pa.C.S. § 1606 — PA Code / Title 42 / Chapter 16 / Section 1606
Official immunity.
Status: in_force

Members of the Court of Judicial Discipline and the staff of the court shall be absolutely immune from suit for all

conduct in the course of their official duties, and no civil action or disciplinary complaint predicated on testimony before the court may be maintained against any witness or counsel. SUBPART B OTHER STRUCTURAL PROVISIONS Chapter 17. Governance of the System 18. Compensation (Repealed) 19. Administrative Office of Pennsylvania Courts 21. Judicial Boards and Commissions 23. Personnel of the System 25. Representation of Litigants 27. Office of the Clerk of the Court of Common Pleas 29. Officers Serving Process and Enforcing Orders
42 Pa.C.S. § 62A09 — PA Code / Title 42 / Chapter 62 / Section 62A09
Emergency relief by minor judiciary.
Status: in_force

(a) General rule.--When:

(1) in counties with fewer than four judges, the court is unavailable:

(i) from the close of business at the end of each day to the resumption of business the next morning;

(ii) from the end of the business week to the beginning of the business week; and

(iii) during the business day by reason of duties outside the county, illness or vacation; or

(2) in counties with at least four judges, the court is unavailable:

(i) from the close of business at the end of each day to the resumption of business the next morning; and

(ii) from the end of the business week to the beginning of the business week; a petition may be filed before a hearing officer who may grant relief in accordance with section 62A07 (relating to relief) if the hearing officer deems it necessary to protect the victim upon good cause shown in an ex parte proceeding. Immediate and present danger posed by the defendant to the victim shall constitute good cause for the purposes of this subsection.

(b) Expiration of order.--An order issued under subsection

(a) shall expire at the end of the next business day the court deems itself available. The court shall schedule hearings on orders entered by hearing officers under subsection (a) and shall review and continue in effect orders that are necessary to protect the plaintiff or another individual, as appropriate, until the hearing, at which time the plaintiff may seek a temporary order from the court.

(c) Certification of order to court.--An emergency order issued under this section and any documentation in support thereof shall be immediately certified to the court. The certification to the court shall have the effect of commencing proceedings under section 62A05 (relating to commencement of proceedings) and invoking the other provisions of this chapter. If it is not already alleged in a petition for an emergency order, the plaintiff shall file a verified statement setting forth the reasons for the need for protection at least five days prior to the hearing. Service of the verified statement shall be made subject to section 62A05(d).

(d) Instructions regarding the commencement of proceedings.--Upon issuance of an emergency order, the hearing officer shall provide the plaintiff instructions regarding the commencement of proceedings in the court at the beginning of the next business day and regarding the procedures for initiating a contempt charge should the defendant violate the emergency order. The hearing officer shall also advise the plaintiff of the existence of rape crisis centers in the county or in nearby counties in the case of sexual violence and inform the plaintiff of the availability of legal assistance without cost if the plaintiff is unable to pay for them in the case of sexual violence or intimidation.

(e) Master of emergency relief.--The president judge of a court of common pleas of a judicial district may, with the approval of the Administrative Office of Pennsylvania Courts, provide for the selection and appointment of a master for emergency relief on a full-time or part-time basis. The number of masters for emergency relief shall be fixed by the president judge with the approval of the Administrative Office of Pennsylvania Courts. The compensation of a master for emergency relief shall be fixed and paid by the county.

Cross References. Section 62A09 is referred to in sections 62A03, 62A04 of this title.
42 Pa.C.S. § 5525 — PA Code / Title 42 / Chapter 55 / Section 5525
Four year limitation.
Status: in_force

(a) General rule.--Except as provided for in subsection

(b), the following actions and proceedings must be commenced within four years:

(1) An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures.

(2) Any action subject to 13 Pa.C.S. § 2725 (relating to statute of limitations in contracts for sale).

(3) An action upon an express contract not founded upon an instrument in writing.

(4) An action upon a contract implied in law, except an action subject to another limitation specified in this subchapter.

(5) An action upon a judgment or decree of any court of the United States or of any state.

(6) An action upon any official bond of a public official, officer or employee.

(7) An action upon a negotiable or nonnegotiable bond, note or other similar instrument in writing. Where such an instrument is payable upon demand, the time within which an action on it must be commenced shall be computed from the later of either demand or any payment of principal of or interest on the instrument.

(8) An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter.

(b) Special provisions.--An action subject to section 8315 (relating to damages in actions for identity theft) must be commenced within four years of the date of the offense or four years from the date of the discovery of the identity theft by the plaintiff. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 19, 2002, P.L.430, No.62, eff. 60 days) Cross References. Section 5525 is referred to in section 5529 of this title.
42 Pa.C.S. § 5101 — PA Code / Title 42 / Chapter 51 / Section 5101
Remedy to exist for legal injury.
Status: in_force

Every person for a legal injury done him in his lands, goods, person, or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay. (Sept. 28, 1978, P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days) Cross References. Section 5101 is referred to in section 5102 of this title.
42 Pa.C.S. § 9730.1 — PA Code / Title 42 / Chapter 97 / Section 9730.1
Collection of court costs, restitution and fines by private collection agency.
Status: in_force

(a) Generally.--In accordance with section 9730(b) (relating to payment of court costs, restitution and fines), an issuing authority may refer the collection of costs, fines and restitution of a defendant to a private collection agency whether or not the defendant's maximum sentence or probationary term has expired with or without holding a hearing pursuant to this section. Such collection agency shall adhere to accepted

practices in accordance with applicable Federal and State law to collect such costs, fines and restitution.

(b) Contracts with private collection agencies.--

(1) The president judge of the judicial district, county commissioner or designee of either may contract with private collection agencies for the collection of fines, costs and restitution in accordance with the provisions of this section.

(2) The amount of the collection fee as negotiated between the president judge of the judicial district, county commissioner or designee of either and private collection agencies shall be added to the bill of costs to be paid by the defendant and shall not exceed 25% of the amount collected.

(3) The funds secured from the defendant by the private collection agency in connection with the collection of fines, costs and restitution shall be distributed as follows:

(i) The fee due the private collection agency shall be paid.

(ii) The balance shall be distributed in accordance with the original distribution of fines, costs and restitution as set forth in the order of the court sentencing the defendant.

(c) Limitations on private collection agencies.--For the purposes of this section, a private collection agency shall cease its efforts designed to collect fines, costs and restitution and so inform the court or the county commissioners upon the occurrence of any of the following:

(1) the private collection agency considers the amount owing noncollectible;

(2) a period of 48 months has elapsed since referral of the amount owing to the private collection agency and there has been no response by the defendant or collection of moneys; or

(3) upon demand of a judge of the court of common pleas having jurisdiction over the defendant.

(c.1) Credit reporting.--A private collection agency may not share information with a consumer reporting agency regarding a defendant's failure to pay costs, fines and restitution unless a financial determination hearing has been conducted in accordance with section 9730(b) and the issuing authority, senior judge or senior magisterial district judge has determined that the defendant is financially able to pay the costs, fines and restitution.

(d) Imprisonment.--Nothing in this subchapter limits the ability of a judge to imprison a person for nonpayment, as provided by law; however, imprisonment for nonpayment shall not be imposed without a public hearing under section 9730(b)(1).

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Amount owing." The total amount owed by a defendant on fines, costs or restitution in accordance with the order of court sentencing the defendant and this section.

"Consumer reporting agency." As defined in section 603(f) of the Fair Credit Reporting Act (Public Law 91-508, 15 U.S.C. § 1681a(f)).

"Private collection agency." A person, company, partnership or other entity that uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or

due or asserted to be owed or due another under the applicable laws of the United States and of this Commonwealth. (July 11, 1996, P.L.607, No.104, eff. 60 days; June 18, 1998, P.L.640, No.84, eff. 120 days; May 17, 2012, P.L.260, No.41, eff. 60 days; Nov. 3, 2022, P.L.2175, No.163, eff. 120 days) 2022 Amendment. Act 163 amended subsecs. (a) and (e) and added subsec. (c.1). 2012 Amendment. Act 41 amended subsec. (c). 1996 Amendment. Act 104 added section 9730.1. Cross References. Section 9730.1 is referred to in sections 9728, 9730 of this title; section 3020 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 5904 — PA Code / Title 42 / Chapter 59 / Section 5904
Subpoena of witnesses.
Status: in_force

(a) Method of service.--In addition to any other method of service provided by law, a subpoena may be served upon a witness in a criminal proceeding by registered or certified mail, return receipt requested, or by first class mail.

(b) Proof of service.--A completed return receipt shall be prima facie evidence of service of the subpoena.

(c) Duration.--A subpoena shall remain in force until the termination of the criminal proceeding.

(d) Bench warrants.--Upon proof of service of a subpoena, the court may issue a bench warrant for any witness who fails to appear in response to a subpoena. However, such warrant cannot be issued if service has been by first class mail. (Nov. 26, 1978, P.L.1264, No.301, eff. imd.) 1978 Amendment. Act 301 added section 5904.
42 Pa.C.S. § 741 — PA Code / Title 42 / Chapter 7 / Section 741
Original jurisdiction.
Status: in_force

The Superior Court shall have no original jurisdiction, except in cases of mandamus and prohibition to courts of inferior jurisdiction where such relief is ancillary to matters within its appellate jurisdiction, and except that it, or any judge thereof, shall have full power and authority when and as often as there may be occasion, to issue writs of habeas corpus under like conditions returnable to the said court.
42 Pa.C.S. § 2701 — PA Code / Title 42 / Chapter 27 / Section 2701
Scope and purpose of chapter.
Status: in_force

(a) Purpose.--The purpose of this chapter is to facilitate the prompt, fair and efficient administration of justice by specifying the respective powers and duties of prothonotaries, clerks of the courts and clerks of orphans' court divisions.

(b) Effect of other provisions of law.--The provisions of this chapter shall be subject to any inconsistent statute, home rule charter or optional plan of government, and to any inconsistent general rule or rule of court heretofore or hereafter adopted pursuant to and subject to the limitations of constitutional authority.
42 Pa.C.S. § 2732 — PA Code / Title 42 / Chapter 27 / Section 2732
Selection of prothonotary.
Status: in_force

(a) General rule.--The prothonotary of each county shall be selected, and may be removed, in the manner provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," or the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be.

(b) Philadelphia.--The Prothonotary of Philadelphia shall be appointed by the Court of Common Pleas of Philadelphia County.

References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in subsec. (a), was repealed May 8, 2024, P.L.50, No.14. The subject matter is now contained in Title 16 (Counties).
42 Pa.C.S. § 9795.5 — PA Code / Title 42 / Chapter 97 / Section 9795.5
Exemption from certain notifications (Expired).
Status: reserved

2012 Expiration. Section 9795.5 expired December 20, 2012. See Act 111 of 2011.

Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
42 Pa.C.S. § 8382 — PA Code / Title 42 / Chapter 83 / Section 8382
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Community-based organization." Any group affiliated with or organized for the benefit of one or more communities or neighborhoods, or any group organized to benefit the quality of life in a residential area.

"Controlled substance act." The act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

"Drug-related nuisance." The use of any property, in whole or in part, which facilitates or is intended to facilitate any violation of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or similar act of the United States or any other state. "Manufacture" or "manufacturing." The production, preparation, propagation, compounding, conversion or processing of a controlled substance, other drug or device or the packaging or repackaging of such substance or article, or the labeling or relabeling of the commercial container of such substance or article, but does not include the activities of a practitioner who, as an incident to his administration or dispensing such substance or article in the course of his professional practice, prepares, compounds, packages or labels such substance or article. The term "manufacturer" means a person who manufactures a controlled substance, other drug or device.

"Owner." An individual, corporation, partnership, trust association, joint venture or any other business entity in whom is vested all or any part of the title to the property alleged to be a drug-related nuisance.

"Property." Any tangible or intangible property, including an interest in any leasehold, license or real estate, such as any house, apartment building, condominium, cooperative, office building, store, restaurant, tavern, nightclub or warehouse, and the land extending to the boundaries of the lot upon which the structure is situated and anything growing on, affixed or found on the land.

"Tenant." A person who resides in or occupies real property belonging to another person pursuant to a lease agreement or common law tenancy.
42 Pa.C.S. § 7398 — PA Code / Title 42 / Chapter 73 / Section 7398
Transitional provision.
Status: in_force

(a) Prospective.--This subchapter applies to arbitration of a family law dispute under an arbitration agreement made on or after the effective date of this section.

(b) Retroactive.--If an arbitration agreement was made before the effective date of this section, the parties may agree in a record that this subchapter applies to the arbitration.
42 Pa.C.S. § 5502 — PA Code / Title 42 / Chapter 55 / Section 5502
Method of computing periods of limitation generally.
Status: in_force

(a) General rule.--The time within which a matter must be commenced under this chapter shall be computed, except as otherwise provided by subsection (b) or by any other provision of this chapter, from the time the cause of action accrued, the criminal offense was committed or the right of appeal arose.

(b) Implementing court rules.--Subsection (a) may be made more specifically applicable to particular classes of matters by general rules defining the acts, omissions or events from which the limitation shall be computed. Rules adopted pursuant to this section shall take effect only in the manner provided by section 503(b) (relating to procedures).
42 Pa.C.S. § 6323 — PA Code / Title 42 / Chapter 63 / Section 6323
Informal adjustment.
Status: in_force

(a) General rule.--

(1) Before a petition is filed, the probation officer or other officer of the court designated by it, subject to its direction, shall, in the case of a dependent child where the jurisdiction of the court is premised upon the provisions of paragraph (1), (2), (3), (4), (5) or (7) of the definition of "dependent child" in section 6302 (relating to definitions) and if otherwise appropriate, refer the child and his parents to any public or private social agency available for assisting in the matter. Upon referral, the agency shall indicate its willingness to accept the child and shall report back to the referring officer within three months concerning the status of the referral.

(2) Similarly, the probation officer may in the case of a delinquent child, or a dependent child where the jurisdiction of the court is permitted under paragraph (6) of the definition of "dependent child" in section 6302, refer the child and his parents to an agency for assisting in the matter.

(3) The agency may return the referral to the probation officer or other officer for further informal adjustment if it is in the best interests of the child.

(b) Counsel and advice.--Such social agencies and the probation officer or other officer of the court may give counsel and advice to the parties with a view to an informal adjustment if it appears:

(1) counsel and advice without an adjudication would be in the best interest of the public and the child;

(2) the child and his parents, guardian, or other custodian consent thereto with knowledge that consent is not obligatory; and

(3) in the case of the probation officer or other officer of the court, the admitted facts bring the case within the jurisdiction of the court.

(c) Limitation on duration of counsel and advice.--The giving of counsel and advice by the probation or other officer of the court shall not extend beyond six months from the day commenced unless extended by an order of court for an additional period not to exceed three months.

(d) No detention authorized.--Nothing contained in this section shall authorize the detention of the child.

(e) Privileged statements.--An incriminating statement made by a participant to the person giving counsel or advice and in the discussions or conferences incident thereto shall not be used against the declarant over objection in any criminal proceeding or hearing under this chapter.

(f) Terms and conditions.--The terms and conditions of an informal adjustment may include payment by the child of reasonable amounts of money as costs, fees or restitution, including a supervision fee and contribution to a restitution fund established by the president judge of the court of common

pleas pursuant to section 6352(a)(5) (relating to disposition of delinquent child).

(g) Expungement of records.--Upon motion, or sua sponte, including upon receiving notice under section 6304(a.2) (relating to powers and duties of probation officers), the court shall commence expungement proceedings under 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure if the court finds:

(1) six months have elapsed since the child's successful discharge from informal adjustment supervision; and

(2) no proceeding seeking adjudication or conviction is pending. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days) 2024 Amendment. Act 108 added subsec. (g). 2004 Amendment. Act 217 added subsec. (f). 1978 Amendment. Act 53 amended subsec. (a). Care of Dependent Children. Section 31 of Act 53 of 1978 limits the liability of counties for costs of operating new shelter care programs for dependent children classified under paragraph (6) of the definition of "dependent child" in section 6322. Suspension by Court Rule. Section 6323(a)(2) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(13), amended July 18, 2012, insofar as it is inconsistent with Rule 312 relating to informal adjustment. Cross References. Section 6323 is referred to in section 6302 of this title.
42 Pa.C.S. § 5802 — PA Code / Title 42 / Chapter 58 / Section 5802
Controlled substances forfeiture.
Status: in_force

The following shall be subject to forfeiture to the Commonwealth and no property right shall exist in them:

(1) All drug paraphernalia, controlled substances or other drugs which have been manufactured, distributed, dispensed or acquired in violation of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(2) All raw materials, products and equipment of any kind which are used or intended for use in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance or other drug in violation of The Controlled Substance, Drug, Device and Cosmetic Act.

(3) All property which is used or intended for use as a container for property described in paragraph (1) or (2).

(4) All conveyances, including aircraft, vehicles or vessels, which are used or are intended for use to transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of property described in paragraph (1) or (2), except that:

(i) no bona fide security interest retained or acquired under 13 Pa.C.S. (relating to commercial code) by any merchant dealing in new or used aircraft, vehicles or vessels, or retained or acquired by any licensed or regulated finance company, bank or lending institution, or by any other business regularly engaged in the financing or lending on the security of such aircraft, vehicles or vessels, shall be subject to forfeiture or impairment; and

(ii) no conveyance shall be forfeited under this chapter for a violation of section 13(a)(31) of The Controlled Substance, Drug, Device and Cosmetic Act.

(5) All books, records and research, including formulas, microfilm, tapes and data, which are used or intended for use in violation of The Controlled Substance, Drug, Device and Cosmetic Act.

(6)

(i) All of the following:

(A) Money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of The Controlled Substance, Drug, Device and Cosmetic Act, and all proceeds traceable to such an exchange.

(B) Money, negotiable instruments, securities or other things of value used or intended to be used to facilitate any violation of The Controlled Substance, Drug, Device and Cosmetic Act.

(C) Real property used or intended to be used to facilitate any violation of The Controlled Substance, Drug, Device and Cosmetic Act other than a violation of section 13(a)(16) or (31) of The Controlled Substance, Drug, Device and Cosmetic Act, including structures or other improvements thereon, and including any right, title and interest in the whole or any lot or tract of land and any appurtenances or improvements, which is used or intended to be used in any manner or part to commit or to facilitate the commission of a violation of The Controlled Substance, Drug, Device and Cosmetic Act, and things growing on, affixed to and found in the land.

(ii) The money and negotiable instruments found in close proximity to controlled substances possessed in violation of The Controlled Substance, Drug, Device and Cosmetic Act shall be rebuttably presumed to be proceeds derived from the selling of a controlled substance in violation of The Controlled Substance, Drug, Device and Cosmetic Act.

(iii) No valid lien or encumbrance on real property shall be subject to forfeiture or impairment under this

paragraph. A lien which is fraudulent or intended to avoid forfeiture under this chapter shall be invalid.

(7) Any firearms, including, but not limited to, rifles, shotguns, pistols, revolvers, machine guns, zip guns or any type of prohibited offensive weapon, as that term is defined in 18 Pa.C.S. § 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), which are used or intended for use to facilitate a violation of The Controlled Substance, Drug, Device and Cosmetic Act. Firearms as are found in close proximity to illegally possessed controlled substances shall be rebuttably presumed to be used or intended for use to facilitate a violation of The Controlled Substance, Drug, Device and Cosmetic Act. All weapons forfeited under this chapter shall be immediately destroyed by the receiving law enforcement agency. Cross References. Section 5802 is referred to in section 5803 of this title.
42 Pa.C.S. § 2397 — PA Code / Title 42 / Chapter 23 / Section 2397
County payments for certain leave.
Status: in_force

(a) County payments.--Each employing county shall provide payment to the Commonwealth for the accrued sick leave and annual leave transferred and credited pursuant to section 2394 (relating to sick leave and annual leave). Within 30 days of the date specified in section 1905(a) (relating to county-level court administrators), each employing county shall provide, in writing, to the Administrative Office of Pennsylvania Courts, all leave information requested by the Court Administrator of Pennsylvania for those individuals designated in section 1905(a). The payment to be made by each employing county shall be determined based upon an actuarial evaluation performed by an actuary appointed by the Court Administrator of Pennsylvania from a list of three actuaries to be submitted by the Secretary of the Budget within 30 days of the effective date of this subchapter. The actuarial evaluation shall be based upon assumptions determined by the actuary to be appropriate under the circumstances to arrive at a fair and reasonable determination of an actuarially equivalent value of the accrued sick leave and annual leave transferred and credited under section 2394. The actuary shall submit the actuarial evaluation to the Administrative Office of Pennsylvania Courts within 60 days of the receipt of all information necessary to prepare such evaluation. If any employing county fails to provide the information required by this section, the county shall be subject to a penalty of $100 per day for each transferred employee until the required information is provided. Such penalties shall be paid into the fund.

(b) Notice of payment due and payment method.--Following receipt of the actuarial evaluation required by subsection (a), the Administrative Office of Pennsylvania Courts shall notify in writing each employing county of the actuarial value attributable to that county for accrued sick leave and annual leave transferred and credited under section 2394. Each employing county shall be obligated to the Commonwealth for payment of the actuarial value of the accrued sick leave and annual leave transferred and credited under section 2394. Payment shall be made to the Commonwealth by each employing county within 90 days of the date of the written notice from the Administrative Office of Pennsylvania Courts to the employing county, which date is referred to for purposes of

this section as the payment due date. Any payment not received from an employing county by the payment due date shall be subject to the imposition of interest from the day following the payment due date at the rate determined by the Secretary of Revenue for interest payments on overdue taxes or the refund of taxes as provided in sections 806 and 806.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, and any subsequent amendments to those sections, plus 2% until paid in full.

(c) Recoupment of employing county arrearages.--If an employing county fails to submit a payment by the payment due date established under subsection (b), the Administrative Office of Pennsylvania Courts shall withhold and withdraw such payment, plus applicable interest, if any, from moneys next due to be paid to the employing county in the form of grants, subsidies or other payments to counties which are made by the Administrative Office of Pennsylvania Courts. Any moneys withheld or withdrawn under this subsection or received under subsection (b) shall be transferred to and deposited in the fund created under subsection (d) and credited to the employing county's financial obligation under this subchapter.

(d) Establishment of fund.--There is hereby created a special nonlapsing fund in the State Treasury to be known as the Unified Judicial System Transferred County-Level Administrator Leave Fund. All moneys received from employing counties under this section and all investment income earned on those moneys shall be deposited in the fund. All moneys placed in the fund and the investment income it accrues are hereby appropriated on a continuing basis to the Administrative Office of Pennsylvania Courts, upon requisition by the Court Administrator of Pennsylvania, to be applied solely to the cost of leave payments made under section 2396(c) (relating to leave following transfer). The requisition authority granted with regard to the fund is in addition to the requisition authority contained in section 1501 of The Fiscal Code.

(e) Fund deficiency.--If money in the fund is not adequate to provide for full payment of the counties' share of leave payments, the amount necessary to fully fund the counties' share of leave payments shall become an obligation of the unified judicial system.

(f) Fund surplus.--When all leave payments for transferred administrators required to be made under this subchapter have been made, any surplus remaining in the fund shall be transferred to and is hereby appropriated to the General Fund. Cross References. Section 2397 is referred to in section 2392 of this title.
42 Pa.C.S. § 8332.5 — PA Code / Title 42 / Chapter 83 / Section 8332.5
Corporate representatives.
Status: in_force

(a) General rule.--The liability of an individual shall be limited to the extent expressly provided by or pursuant to Title 15 (relating to corporations and unincorporated associations). See 15 Pa.C.S. Ch. 5 Subch. B (relating to fiduciary duty and indemnification), Ch. 17 Subch. B (relating to fiduciary duty) and Ch. 57 Subch. B (relating to fiduciary duty).

(b) Certain governmental corporations.--An individual who is a director, officer or employee of a governmental corporation and who is not entitled to immunity under Chapter 85 (relating to matters affecting government units) may assert any applicable immunity under 15 Pa.C.S. Ch. 57 Subch. B to the same extent as if the governmental corporation were a nonprofit corporation which had elected the maximum immunity available under such subchapter. (Dec. 19, 1990, P.L.834, No.198, eff. imd.) 1990 Amendment. Act 198 added section 8332.5. Cross References. Section 8332.5 is referred to in sections 513, 1713, 1735, 5713, 5733.2 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 6408 — PA Code / Title 42 / Chapter 64 / Section 6408
Jurisdiction.
Status: in_force

The court of common pleas for the county which entered the order for commitment of the person for a delinquent act pursuant to Chapter 63 (relating to juvenile matters) shall have jurisdiction for proceedings under this chapter, including subsequent proceedings.
42 Pa.C.S. § 6308 — PA Code / Title 42 / Chapter 63 / Section 6308
Law enforcement records.
Status: in_force

(a) General rule.--Law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults. Unless a charge of delinquency is transferred for criminal prosecution under section 6355 (relating to transfer to criminal proceedings), the interest of national security requires, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection or their contents disclosed to the public except as provided in subsection (b); but inspection of the records and files is permitted by:

(1) The court having the child before it in any proceeding.

(2) Counsel for a party to the proceeding.

(3) The officers of institutions or agencies to whom the child is committed.

(4) Law enforcement officers of other jurisdictions when necessary for the discharge of their official duties.

(5) A court in which the child is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or by officials of penal institutions and other penal facilities to which he is committed, or by a parole board in considering his parole or discharge or in exercising supervision over him.

(6) The Department of Public Welfare for use in determining whether an individual named as the perpetrator of an indicated report of child abuse should be expunged from the Statewide database.

(b) Public availability.--

(1) (Deleted by amendment).

(1.1) The contents of law enforcement records and files concerning a child shall not be disclosed to the public unless any of the following apply:

(i) The child has been adjudicated delinquent by a court as a result of an act or acts committed when the child was 14 years of age or older and the conduct would have constituted one or more of the following offenses if committed by an adult:

(A) Murder.

(B) Voluntary manslaughter.

(C) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).

(D) Sexual Assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault).

(E) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1) (relating to arson and related offenses).

(G) Burglary as a felony in the first degree as defined in 18 Pa.C.S. § 3502(c)(1) (relating to burglary).

(H) Involuntary deviate sexual intercourse.

(I) Kidnapping.

(J) Rape.

(K) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).

(L) Robbery of motor vehicle.

(M) Violation of 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles).

(N) Attempt or conspiracy to commit any of the offenses in this subparagraph.

(ii) A petition alleging delinquency has been filed alleging that the child has committed an act or acts subject to a hearing pursuant to section 6336(e) (relating to conduct of hearings) and the child previously has been adjudicated delinquent by a court as a result of an act or acts committed when the child was 14 years of age or older and the conduct would have constituted one or more of the following offenses if committed by an adult:

(A) Murder.

(B) Voluntary manslaughter.

(C) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2).

(D) Sexual Assault as defined in 18 Pa.C.S. § 3124.1.

(E) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125.

(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).

(G) Burglary as a felony in the first degree as defined in 18 Pa.C.S. § 3502(c)(1).

(H) Involuntary deviate sexual intercourse.

(I) Kidnapping.

(J) Rape.

(K) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii).

(L) Robbery of motor vehicle.

(M) Violation of 18 Pa.C.S. Ch. 61.

(N) Attempt or conspiracy to commit any of the offenses in this subparagraph.

(2) If the conduct of the child meets the requirements for disclosure as set forth in paragraph (1.1), then the law enforcement agency shall disclose the name, age and address of the child, the offenses charged and the disposition of the case.

(c) Fingerprints and photographs.--

(1) Law enforcement officers shall have the authority to take or cause to be taken the fingerprints or photographs, or both, of any child who is alleged to have committed an

act designated as a misdemeanor or felony under the laws of this Commonwealth or of another state if the act occurred in that state or under Federal law. If a child is found to be a delinquent child pursuant to section 6341 (relating to adjudication) on the basis of an act designated as a misdemeanor or felony or the child's case is transferred for criminal prosecution pursuant to section 6355, the law enforcement agency that alleged the child to be a delinquent child shall take or cause to be taken the fingerprints and photographs of the child, if not previously taken pursuant to this case, and ensure that these records are forwarded to the central repository pursuant to section 6309(c) (relating to juvenile history record information). If a child was alleged to be delinquent by other than a law enforcement agency, the court shall direct the juvenile probation department to ensure that the delinquent child's fingerprints and photographs are taken by a law enforcement agency.

(2) Fingerprint and photographic records may be disseminated to law enforcement officers of other jurisdictions, the Pennsylvania State Police and the Federal Bureau of Investigation and may be used for investigative purposes.

(3) Fingerprints and photographic records of children shall be kept separately from adults and shall be immediately destroyed upon notice of the court as provided under section 6341(a) (relating to adjudication) by all persons and agencies having these records if the child is not adjudicated delinquent or not found guilty in a criminal proceeding for reason of the alleged acts.

(d) Pennsylvania State Police registry.--

(1) The contents of law enforcement records and files concerning a child shall not be disclosed to the public except if the child is 14 years of age or older at the time of the alleged conduct and if any of the following apply:

(i) The child has been adjudicated delinquent by a court as a result of any offense enumerated in 18 Pa.C.S. § 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).

(ii) A petition alleging delinquency has been filed by a law enforcement agency alleging that the child has committed any offense enumerated in 18 Pa.C.S. § 6105 and the child previously has been adjudicated delinquent by a court as a result of an act or acts which included the elements of one of such crimes.

(iii) (Deleted by amendment).

(2) (Repealed). (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Feb. 29, 1980, P.L.36, No.12, eff. 60 days; June 26, 1981, P.L.123, No.41, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Dec. 22, 1989, P.L.727, No.99, eff. imd.; Mar. 15, 1995, 1st Sp.Sess., P.L.972, No.6, eff. 60 days; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; May 22, 1996, P.L.300, No.46, eff. imd.; Jan. 27, 1998, P.L.20, No.3, eff. 60 days; Nov. 29, 2004, P.L.1364, No.176, eff. imd.; July 7, 2006, P.L.378, No.81, eff. 7 days; Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014; June 28, 2018, P.L.402, No.56, eff. 365 days) 2018 Amendment. Act 56 amended subsec. (b). See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.

2013 Amendment . Act 107 added subsec. (a)(6). See section 6 of Act 107 in the appendix to this title for special provisions relating to applicability. 2006 Amendment. Section 5 of Act 81 provided that Act 81 shall apply to all actions instituted on or after the effective date of Act 81. 1998 Amendment. Act 3 amended subsec. (c)(1). 1996 Amendment. Act 46 deleted subsec. (d)(1)(iii). 1995 Repeal. Act 66 repealed subsec. (d)(1)(i) and (ii) in part and repealed subsec. (d)(2). The repealed provisions have been deleted from the text. 1995 Amendments. Act 6, 1st Sp.Sess., amended the entire section and Act 17, 1st Sp.Sess., added subsec. (d). See the preamble to Act 17 in the appendix to this title for special provisions relating to legislative purpose. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Cross References. Section 6308 is referred to in sections 6307, 6309 of this title; section 6111.1 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 543 — PA Code / Title 42 / Chapter 5 / Section 543
Seat of court.
Status: in_force

The regular sessions of the Superior Court shall be held at the cities of Harrisburg, Philadelphia and Pittsburgh and elsewhere as prescribed by general rule or rule of court.
42 Pa.C.S. § 9763 — PA Code / Title 42 / Chapter 97 / Section 9763
Conditions of probation.
Status: in_force

(a) General rule.--In imposing probation, the court shall consider guidelines adopted by the Pennsylvania Commission on Sentencing under section 2154 (relating to adoption of guidelines for sentencing) or 2154.1 (relating to adoption of guidelines for restrictive conditions) and specify at the time of sentencing the conditions of probation, including the length of the term of restrictive conditions under subsection (c) or

(d). The term of restrictive conditions under subsection (c) shall be equal to or greater than the mandatory minimum term of imprisonment required by statute.

(b) Conditions generally.--Conditions shall be assessed and ordered based on individualized circumstances. Following an individualized assessment of the defendant, including the defendant's history and the underlying crime or crimes committed, the court shall attach only those conditions that the court deems necessary and the least restrictive means available to promote the defendant's rehabilitation and protection of the public, including any of the following:

(1) To meet family responsibilities, including consideration of child-care responsibilities and limitations, other than the child-care responsibilities and limitations contained in 23 Pa.C.S. Ch. 43 (relating to support matters generally) which shall be governed exclusively by the provisions of that chapter.

(2) To be devoted to a specific occupation, employment or education, study or vocational training initiative.

(3) To participate in a public or nonprofit community service program.

(4) To undergo individual or family counseling.

(5) To undergo available medical or psychiatric treatment or to enter and remain in a specified institution, when required for that purpose.

(6) To attend educational or vocational training programs.

(7) To attend or reside in a rehabilitative facility or other intermediate punishment program.

(8) (Deleted by amendment).

(9) To not possess a firearm or other dangerous weapon unless granted written permission.

(10) To make restitution of the fruits of the crime or to make reparations, in an affordable amount and on a schedule that the defendant can afford to pay, for the loss or damage caused by the crime.

(11) To notify the court or designated person of any change in address or employment within 15 days, unless the

defendant provides sufficient proof of extenuating circumstances to explain the delay.

(12) To report as directed to the court or the designated person and to permit the designated person to visit the defendant's home.

(13) To pay a fine.

(14) To participate in drug or alcohol screening and treatment programs, including outpatient programs.

(15) To do other things reasonably related to rehabilitation.

(16) (Deleted by amendment).

(17) (Deleted by amendment).

(c) Restrictive DUI probation conditions.--

(1) Any person receiving a penalty imposed pursuant to 75 Pa.C.S. § 1543(b) (relating to driving while operating privilege is suspended or revoked), former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a first, second or third offense under 75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs) may only have probation imposed after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).

(2) If the defendant is determined to be in need of drug and alcohol treatment, the defendant may only have probation that includes participation in drug and alcohol treatment under 75 Pa.C.S. § 3815(c) (relating to mandatory sentencing). The defendant shall have restrictive DUI probation conditions of:

(i) a residential inpatient program or a residential rehabilitative center;

(ii) house arrest with electronic surveillance;

(iii) a partial confinement program such as work release, work camp and halfway facility; or

(iv) any combination of the programs set forth in this paragraph.

(3) If the defendant is determined not to be in need of drug and alcohol treatment, the defendant shall have restrictive DUI probation conditions of:

(i) house arrest with electronic surveillance;

(ii) partial confinement programs such as work release, work camps and halfway facilities; or

(iii) any combination of the programs set forth in this paragraph.

(4) If the defendant is determined to be in need of additional treatment under 75 Pa.C.S. § 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum.

(d) Restrictive conditions of probation.--Probation may include restrictive conditions that:

(1) house the person full time or part time, including inpatient treatment; or

(2) significantly restrict the person's movement and monitor the person's compliance with the program, including electronic monitoring or home confinement. (Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; June 22, 2000, P.L.345, No.41, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Dec. 14, 2023, P.L.381, No.44, eff. 180 days)

2023 Amendment. Act 44 amended subsec. (b) intro. par.,

(1), (2) and (11). Section 6 of Act 44 provided that nothing in Act 44 shall be construed to prevent a defendant from petitioning a court for early termination of probation or modification of the terms and conditions of probation as otherwise permitted by law. See sections 5 and 7 of Act 44 in the appendix to this title for special provisions relating to applicability. 2019 Amendment. Act 115 amended the section heading and subsecs. (a), (b)(2), (10) and (14), (c) and (d) and deleted subsec. (b)(8), (16) and (17). 1990 Amendment. Act 201 added section 9763. Cross References. Section 9763 is referred to in sections 2154.1, 9721, 9754, 9755, 9756, 9804 of this title.
42 Pa.C.S. § 1602 — PA Code / Title 42 / Chapter 16 / Section 1602
Composition of court.
Status: in_force

(a) General rule.--The Court of Judicial Discipline shall consist of:

(1) Two judges of the Superior Court, the Commonwealth Court or the courts of common pleas in regular active service appointed by the Supreme Court.

(2) A magisterial district judge appointed by the Supreme Court.

(3) A nonlawyer elector appointed by the Supreme Court.

(4) A judge of the Superior Court, the Commonwealth Court or the courts of common pleas in regular active service appointed by the Governor.

(5) Two nonjudge members of the bar of this Commonwealth appointed by the Governor.

(6) One nonlawyer elector appointed by the Governor.

(b) Qualifications.--All members of the court must be residents of this Commonwealth. No more than two of the four members appointed by the Supreme Court may be registered in the same political party. No more than two of the four members appointed by the Governor may be registered in the same political party. Membership of a judge or magisterial district judge shall terminate if the member ceases to hold the judicial position that qualified the member for the appointment. Membership shall terminate if a member attains a position that would have rendered the member ineligible for appointment at the time of the appointment. No member may serve more than four consecutive years but may be reappointed after a lapse of one year.

(c) Terms of office.--The members of the court shall serve for terms of four years, except that the member, rather than the successor of the member, shall continue to participate in any hearing in progress at the end of the term of the member.

(d) Vacancies.--A vacancy shall be filled by the respective appointing authority for the remainder of the term to which the member was appointed in the same manner in which the original appointment occurred.

(e) Restrictions on activities of members.--No member, during the member's term of service, may hold office in a political party or political organization. Except for a judicial member, no member of the court, during the term of service of the member, may hold a compensated public office or public appointment. The court shall prescribe general rules governing the conduct of members. A member may be removed by the court for a violation of the rules of conduct prescribed by the court.

(f) Expenses.--All members shall be reimbursed for expenses necessarily incurred in the discharge of their official duties. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsecs. (a) and (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Special Provisions in Appendix. See section 12 of Act 56 of 1993 in the appendix to this title for special provisions relating to terms of initial members of Court of Judicial Discipline.
42 Pa.C.S. § 9799.24 — PA Code / Title 42 / Chapter 97 / Section 9799.24
Assessments.
Status: in_force

(a) Order for assessment.--After conviction but before sentencing, a court shall order an individual convicted of a sexually violent offense to be assessed by the board. The order for an assessment shall be sent to the executive director of the board within ten days of the date of conviction for the sexually violent offense.

(b) Assessment.--Upon receipt from the court of an order for an assessment, a member of the board as designated by the executive director of the board shall conduct an assessment of the individual to determine if the individual should be classified as a sexually violent predator. The board shall establish standards for evaluations and for evaluators conducting the assessments. An assessment shall include, but not be limited to, an examination of the following:

(1) Facts of the current offense, including:

(i) Whether the offense involved multiple victims.

(ii) Whether the individual exceeded the means necessary to achieve the offense.

(iii) The nature of the sexual contact with the victim.

(iv) Relationship of the individual to the victim.

(v) Age of the victim.

(vi) Whether the offense included a display of unusual cruelty by the individual during the commission of the crime.

(vii) The mental capacity of the victim.

(2) Prior offense history, including:

(i) The individual's prior criminal record.

(ii) Whether the individual completed any prior sentences.

(iii) Whether the individual participated in available programs for sexual offenders.

(3) Characteristics of the individual, including:

(i) Age.

(ii) Use of illegal drugs.

(iii) Any mental illness, mental disability or mental abnormality.

(iv) Behavioral characteristics that contribute to the individual's conduct.

(4) Factors that are supported in a sexual offender assessment field as criteria reasonably related to the risk of reoffense.

(c) Release of information.--All State, county and local agencies, offices and entities in this Commonwealth, including juvenile probation officers, shall cooperate by providing copies of records and information as requested by the board in connection with the court-ordered assessment and the assessment requested by the Pennsylvania Parole Board or the assessment of a delinquent child under section 6358 (relating to assessment of delinquent children by the State Sexual Offenders Assessment Board). For assessments of delinquent children conducted by the board pursuant to section 6358 from January 23, 2005, to December 19, 2012, all State, county and local agencies, offices and entities, including juvenile probation officers, are subject to the release of information requirements set forth in this subsection.

(d) Submission of report by board.--The board shall have 90 days from the date of conviction of the individual to submit

a written report containing its assessment to the district attorney.

(d.1) Summary of offense.--The board shall prepare a description of the offense or offenses that trigger the application of this subchapter to include, but not be limited to:

(1) A concise narrative of the individual's conduct.

(2) Whether the victim was a minor.

(3) The manner of weapon or physical force used or threatened.

(4) If the offense involved unauthorized entry into a room or vehicle occupied by the victim.

(5) If the offense was part of a course or pattern of conduct involving multiple incidents or victims.

(6) Previous instances in which the individual was determined guilty of an offense subject to this subchapter or of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses).

(e) Hearing.--

(1) A hearing to determine whether the individual is a sexually violent predator shall be scheduled upon the praecipe filed by the district attorney. The district attorney upon filing a praecipe shall serve a copy of the praecipe upon defense counsel together with a copy of the report of the board.

(2) The individual and district attorney shall be given notice of the hearing and an opportunity to be heard, the right to call witnesses, the right to call expert witnesses and the right to cross-examine witnesses. In addition, the individual shall have the right to counsel and to have an attorney appointed to represent the individual if the individual cannot afford one. If the individual requests another expert assessment, the individual shall provide a copy of the expert assessment to the district attorney prior to the hearing.

(3) At the hearing prior to sentencing, the court shall determine whether the Commonwealth has proved by clear and convincing evidence that the individual is a sexually violent predator.

(4) A copy of the order containing the determination of the court shall be immediately submitted to the individual, the district attorney, the Pennsylvania Parole Board, the Department of Corrections, the board and the Pennsylvania State Police.

(f) Presentence investigation.--In all cases where the board has performed an assessment under this section, copies of the report shall be provided to the agency preparing the presentence investigation.

(g) Parole assessment.--The Pennsylvania Parole Board may request of the board that an assessment of a sexual offender be conducted and that a report be provided to the Pennsylvania Parole Board prior to considering a sexual offender for parole.

(h) Delinquent children.--The probation officer shall notify the board 90 days prior to the 20th birthday of the child of the status of the delinquent child who is committed to an institution or other facility pursuant to section 6352 (relating to disposition of delinquent child) after having been found delinquent for an act of sexual violence that if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to

indecent assault) or 4302 (relating to incest), together with the location of the facility where the child is committed. The board shall conduct an assessment of the child, which shall include the board's determination of whether or not the child is in need of commitment due to a mental abnormality as defined in section 6402 (relating to definitions) or a personality disorder, either of which results in serious difficulty in controlling sexually violent behavior, and provide a report to the court within the time frames set forth in section 6358(c). The probation officer shall assist the board in obtaining access to the child and any records or information as requested by the board in connection with the assessment. The assessment shall be conducted under subsection (b). (Dec. 20, 2011, P.L.446, No.111, eff. one year; Mar. 14, 2014, P.L.41, No.19, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsecs. (a), (b) intro. par., (c), (e)(4) and (g). 2021 Unconstitutionality. Section 9799.24 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.24 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2011 Amendment. Act 111 added section 9799.24. Cross References. Section 9799.24 is referred to in sections 9799.12, 9799.15 of this title; section 6303 of Title 23 (Domestic Relations).
42 Pa.C.S. § 5501 — PA Code / Title 42 / Chapter 55 / Section 5501
Scope of chapter.
Status: in_force

(a) General rule.--An action, proceeding or appeal must be commenced within the time specified in or pursuant to this chapter unless, in the case of a civil action or proceeding, a different time is provided by this title or another statute or a shorter time which is not manifestly unreasonable is prescribed by written agreement.

(b) Uniform Commercial Code.--The provisions of Title 13 (relating to commercial code), to the extent that they are inconsistent with this chapter, shall control over the provisions of this chapter.

(c) Equitable matters.--Nothing in this chapter shall modify the principles of waiver, laches and estoppel and similar principles heretofore applicable in equitable matters. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 1, 1979, P.L.255, No.86, eff. Jan. 1, 1980; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. imd.; July 11, 1996, P.L.607, No.104, eff. 60 days)
42 Pa.C.S. § 6601 — PA Code / Title 42 / Chapter 66 / Section 6601
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Consent decree." Relief entered or approved by the court that is based in whole or in part upon the consent or acquiescence of the parties. The term does not include a private settlement agreement.

"Frivolous." Lacking an arguable basis either in law or in fact.

"Government party." The Commonwealth or a political subdivision and any person elected or appointed to any office of, or hired, employed or contracted by, the Commonwealth or a political subdivision when acting within the scope of those duties.

"Prison." A State, county or other facility which incarcerates or officially detains persons accused of, convicted of or sentenced for violations of criminal law or the terms or conditions of parole, probation, pretrial release or a diversionary program.

"Prison conditions litigation." A civil proceeding arising in whole or in part under Federal or State law with respect to the conditions of confinement or the effects of actions by a government party on the life of an individual confined in prison. The term includes an appeal. The term does not include criminal proceedings or habeas corpus proceedings challenging the fact or duration of confinement in prison.

"Prisoner." A person subject to incarceration, detention or admission to prison.

"Prisoner release order." An order, including a temporary restraining order or preliminary injunction, which has the purpose or effect of reducing or limiting the prison population or which directs the release of prisoners from or nonadmission of prisoners to a prison.

"Private settlement agreement." An agreement entered into among parties to an action which is not subject to judicial enforcement other than reinstatement of the civil proceeding which the agreement settled.

"Prospective relief." All relief other than compensatory monetary damages.

"Relief." Relief in any form which may be granted or approved by a court. The term includes a consent decree. The term does not include a private settlement agreement.

"Special master." A person appointed to assist the court in prison conditions litigation or to perform functions comparable to those performed by a special master in Federal court pursuant to Fed. Rules Civ. Proc. Rule 53 (relating to masters) or 18 U.S.C. § 3126 (relating to appropriate remedies with respect to prison crowding). The term includes persons performing such functions regardless of the title given by the court.

"Violation of Pennsylvania law." A violation of the Constitution of Pennsylvania or a Pennsylvania statute. The term does not include the violation of a regulation, consent decree or court order unless such violation also independently establishes a violation of the Constitution of Pennsylvania or a Pennsylvania statute.
42 Pa.C.S. § 708 — PA Code / Title 42 / Chapter 7 / Section 708
Improvident administrative appeals and other matters.
Status: in_force

(a) General rule.--No objection to a governmental determination shall be defeated by reason of error in the form of the objection or the office of clerk of court in which the objection is filed.

(b) Appeals.--If an appeal is improvidently taken to a court under any provision of law from the determination of a government unit where the proper mode of relief is an action in the nature of equity, mandamus, prohibition, quo warranto or otherwise, this alone shall not be a ground for dismissal, but the papers whereon the appeal was taken shall be regarded and acted on as a complaint or other proper process commenced against the government unit or the persons for the time being conducting its affairs and as if filed at the time the appeal was taken.

(c) Other matters.--If a complaint in the nature of equity, mandamus, prohibition, quo warranto or other original process is commenced in any court against a government unit or one or more of the persons for the time being conducting its affairs, as such, objecting to a governmental determination by any of them, where the proper mode of relief is an appeal from the determination of the government unit, this alone shall not be a ground for dismissal, but the papers whereon the process against the government unit or any of such persons was commenced shall be regarded and acted on as an appeal from such determination of the government unit and as if filed at the time such process was commenced.

(d) Place of filing.--Section 5103 (relating to transfer of erroneously filed matters) shall also be applicable to an appeal or other matter which is deemed to be filed or commenced under any provision of this section.

(e) Single form of action.--Where pursuant to general rules review of a determination of a government unit may be had by a petition for review or another single form of action embracing the appeal and actions in the nature of equity, mandamus, prohibition, quo warranto or otherwise, the jurisdiction of the appellate court shall not be limited by the provisions of 1 Pa.C.S. § 1504 (relating to statutory remedy preferred over common law), but such provisions to the extent applicable shall limit the relief available. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 added subsec. (e). Cross References. Section 708 is referred to in section 1722 of this title.
42 Pa.C.S. § 5972 — PA Code / Title 42 / Chapter 59 / Section 5972
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Penal institution." Includes a jail, prison, penitentiary, house of correction, correctional institution or other place of penal detention.

"Witness." A person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal proceeding before a court.
42 Pa.C.S. § 4322 — PA Code / Title 42 / Chapter 43 / Section 4322
Destruction and disposition of obsolete records.
Status: in_force

(a) General rule.--Any person required to maintain records pursuant to Subchapter A (relating to establishment, maintenance and effect of judicial records) may destroy such records in conformity with this subchapter and the general rules prescribed hereunder. No such person shall be held liable on his official bond, or in the way of damages for loss, or in any other manner, civil or criminal, because of the destruction of records as authorized pursuant to this subchapter.

(b) Historical documents.--Any original records which are of historical value as may be determined by the City Archivist, in the case of City and County of Philadelphia, or by the Pennsylvania Historical and Museum Commission, in the case of any other county, shall be transferred to the Pennsylvania Historical and Museum Commission or to such other depositories as may be designated by the commission.