42 Pa.C.S. § 6902 — PA Code / Title 42 / Chapter 69 / Section 6902
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:

"Advertisement." A written, visual or oral communication made to a lessee or prospective lessee by means of personal representation, newspaper, magazine, circular, billboard, direct mailing, sign, radio, television, telephone or other means of communication that aids, promotes or assists, directly or indirectly, a rental-purchase agreement.

"Cash price." The price at which the lessor would offer to sell in the ordinary course of business the same or similar property for cash on the day the lessee enters into a rental-purchase agreement.

"Lessee." A person who rents personal property pursuant to a rental-purchase agreement.

"Lessor." A person who, in the ordinary course of business, regularly offers to rent or arranges for personal property to be rented pursuant to a rental-purchase agreement. A lessor is a creditor as defined in 37 Pa. Code § 303.2 (relating to definitions) when owed or alleged to be owed a debt and is subject to 37 Pa. Code Ch. 303 (relating to debt collection trade practices).

"Personal property." Any property that is not real property under the laws of the state where it is located when it is offered or made available for a rental-purchase agreement.

"Rental-purchase agreement." An agreement for the use of personal property by an individual primarily for personal, family or household purposes for an initial period of four months or less that is automatically renewable with each rental payment after the initial period and that permits the lessee to acquire ownership of the property. The term shall not be construed to be, nor is it subject to laws governing, any of the following:

(1) A lease for agricultural, business or commercial purposes.

(2) A lease made to an organization.

(3) A lease of money or intangible personal property.

(4) A lease of a motor vehicle, motor home, mobile home or manufactured housing.

(5) A home solicitation sale under section 7 of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.

(6) A closed-end credit agreement, open-end credit agreement or sale as defined in 12 Pa.C.S. § 6302 (relating to definitions).

(7) A security interest as defined in 13 Pa.C.S. § 1201 (relating to general definitions).

"Rental-purchase property." Personal property displayed or offered by a lessor to consumers for rental-purchase agreements at a physical location where 50% or more of revenue is derived from rental-purchase agreements. (Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Nov. 27, 2013, P.L.1081, No.98, eff. one year; July 11, 2022, P.L.1536, No.82, eff. 60 days) 2022 Amendment. Act 82 added the def. of "rental-purchase property." 2013 Amendment. Act 98 amended the def. of "rental-purchase agreement."
42 Pa.C.S. § 9720.8 — PA Code / Title 42 / Chapter 97 / Section 9720.8
Sentencing for offenses involving domestic violence in the presence of a minor.
Status: in_force

(a) Sentencing enhancement.--The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 2701 (relating to simple assault) or 2702 (relating to aggravated assault), specifying variations from the range of sentences applicable based on such aggravating circumstances as the assault was committed against a family or household member and the defendant knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the defendant or the victim.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Family or household member." The term shall have the same meaning as "family or household members" under 23 Pa.C.S. § 6102 (relating to definitions). (Oct. 24, 2018, P.L.1145, No.157, eff. 60 days) 2018 Amendment. Act 157 added section 9720.8.
42 Pa.C.S. § 9543 — PA Code / Title 42 / Chapter 95 / Section 9543
Eligibility for relief.
Status: in_force

(a) General rule.--To be eligible for relief under this subchapter, the petitioner must plead and prove by a preponderance of the evidence all of the following:

(1) That the petitioner has been convicted of a crime under the laws of this Commonwealth and is at the time relief is granted:

(i) currently serving a sentence of imprisonment, probation or parole for the crime;

(ii) awaiting execution of a sentence of death for the crime;

(iii) serving a sentence which must expire before the person may commence serving the disputed sentence; or

(iv) has completed a sentence of imprisonment, probation or parole for the crime and is seeking relief based upon DNA evidence obtained under section 9543.1(d) (relating to postconviction DNA testing).

(2) That the conviction or sentence resulted from one or more of the following:

(i) A violation of the Constitution of this Commonwealth or the Constitution or laws of the United States which, in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.

(ii) Ineffective assistance of counsel which, in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.

(iii) A plea of guilty unlawfully induced where the circumstances make it likely that the inducement caused the petitioner to plead guilty and the petitioner is innocent.

(iv) The improper obstruction by government officials of the petitioner's right of appeal where a meritorious appealable issue existed and was properly preserved in the trial court.

(v) (Deleted by amendment).

(vi) The unavailability at the time of trial of exculpatory evidence that has subsequently become available and would have changed the outcome of the trial if it had been introduced.

(vii) The imposition of a sentence greater than the lawful maximum.

(viii) A proceeding in a tribunal without jurisdiction.

(3) That the allegation of error has not been previously litigated or waived.

(4) That the failure to litigate the issue prior to or during trial, during unitary review or on direct appeal could not have been the result of any rational, strategic or tactical decision by counsel.

(b) Exception.--Even if the petitioner has met the requirements of subsection (a), the petition shall be dismissed if it appears at any time that, because of delay in filing the petition, the Commonwealth has been prejudiced either in its ability to respond to the petition or in its ability to re-try the petitioner. A petition may be dismissed due to delay in the filing by the petitioner only after a hearing upon a motion to dismiss. This subsection does not apply if the petitioner shows that the petition is based on grounds of which the petitioner could not have discovered by the exercise of reasonable diligence before the delay became prejudicial to the Commonwealth.

(c) Extradition.--If the petitioner's conviction and sentence resulted from a trial conducted in his absence and if the petitioner has fled to a foreign country that refuses to extradite him because a trial in absentia was employed, the petitioner shall be entitled to the grant of a new trial if the refusing country agrees by virtue of this provision to return him and if the petitioner upon such return to this jurisdiction so requests. This subsection shall apply, notwithstanding any other law or judgment to the contrary. (Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days; June 25, 1997, P.L.324, No.33, eff. imd.; Jan. 27, 1998, P.L.20, No.3, eff. imd.; Oct. 24, 2018, P.L.894, No.146, eff. 60 days) 2018 Amendment. Act 146 amended subsec. (a)(1). 1998 Amendment. Act 3 added subsec. (c). Section 3 of Act 3 provided that subsec. (c) shall apply to all existing cases within its provisions. Suspension by Court Order. Subsec. (a)(4) was suspended August 11, 1997, S.Ct. Order, insofar as it references "unitary review." Cross References. Section 9543 is referred to in section 9543.1 of this title.
42 Pa.C.S. § 6 — PA Code / Title 42 / Chapter 6 / Section 6
Applicability.
Status: in_force

The following shall apply to any person who is currently under operating privilege suspension under 75 Pa.C.S. §§ 1533 and 1544, regardless of the date of the underlying offense:

(1) The amendment of 42 Pa.C.S. § 1520(a).

(2) The amendment or addition of 75 Pa.C.S. §§ 1533(a),

(a.1), (c) and (d), 1543(c), 1543.1, 1557, 1558, 1960 and 6504. Explanatory Note. Act 38 amended or added section 1520 of Title 42 and sections 1533, 1543, 1543.1, 1557, 1558, 1960 and 6504 of Title 75. 2025, NOVEMBER 24, P.L.326, NO.53 § 8. Allocation of money. Notwithstanding any other provision of law, for fiscal year 2025-2026:

(1) $213,200 of the money allocated to the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1408(c) for local law enforcement grants shall be transferred to the Public Protection Law Enforcement Restricted Account for the purpose of implementing the provisions of this act by the Office of Attorney General.

(2) $719,550 of the money allocated to the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1408(c) for local law enforcement grants shall be transferred to the State Parks User Fees Restricted Receipts Account for the purpose of

implementing the provisions of this act by the Department of Conservation and Natural Resources. Explanatory Note. Act 53 amended or repealed sections 5702 and 5729 of Title 18, section 901 of Title 30, section 901 of Title 34, sections 67A01 and 67A07 of Title 42 and section 6171 of Title 61. 2025, DECEMBER 22, P.L.363, NO.58
42 Pa.C.S. § 321 — PA Code / Title 42 / Chapter 3 / Section 321
Court of record.
Status: in_force

Except as otherwise provided in this subpart every court of this Commonwealth shall be a court of record with all the qualities and incidents of a court of record at common law.
42 Pa.C.S. § 9720.1 — PA Code / Title 42 / Chapter 97 / Section 9720.1
Restitution for identity theft (Repealed).
Status: repealed

2009 Repeal. Section 9720.1 was repealed September 18, 2009, P.L.391, No.42, effective in 60 days.
42 Pa.C.S. § 9548 — PA Code / Title 42 / Chapter 95 / Section 9548
Answer to petition (Repealed).
Status: repealed

1988 Repeal. Section 9548 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9548 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. § 541 — PA Code / Title 42 / Chapter 5 / Section 541
Superior Court.
Status: in_force

The Superior Court of Pennsylvania shall consist of 15 judges. (June 11, 1980, P.L.213, No.63, eff. imd.)
42 Pa.C.S. § 9712 — PA Code / Title 42 / Chapter 97 / Section 9712
Sentences for offenses committed with firearms.
Status: in_force

(a) Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses), shall, if the person visibly possessed a firearm or a replica of a firearm, whether or not the firearm or replica was loaded or functional, that placed the victim in reasonable fear of death or serious bodily injury, during the commission of the offense, be sentenced to a minimum sentence of at least five years of total confinement notwithstanding any other provision of this title or other statute to the contrary. Such persons shall not be eligible for parole, probation, work release or furlough.

(b) 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.

(c) 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.

(d) 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.

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

"Firearm." Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein.

"Replica of a firearm." An item that can reasonably be perceived to be a firearm. (Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days) 1995 Amendments. Act 17, 1st Sp.Sess., amended subsecs. (a) and (e) and Act 21, 1st Sp.Sess., amended subsec. (a). See the preamble to Act 17, 1st Sp.Sess., in the appendix to this title for special provisions relating to legislative purpose. Section 6 of Act 21, 1st Sp.Sess., provided that the amendment of subsec. (a) shall apply to all offenses committed on or after the effective date of Act 21.

Cross References. Section 9712 is referred to in sections 9712.1, 9715 of this title; sections 505, 2702.1 of Title 18 (Crimes and Offenses); section 6137 of Title 61 (Prisons and Parole).
42 Pa.C.S. § 3153 — PA Code / Title 42 / Chapter 31 / Section 3153
Retention elections after regular term.
Status: in_force

(a) General rule.--A judge elected under section 3131 (relating to selection of judicial officers for regular terms) or retained under this section may file a declaration of candidacy for retention election with the Secretary of the Commonwealth on or before the first Monday of January of the year preceding the year in which his term of office expires. If no declaration is filed, a vacancy shall exist upon the expiration of the term of office of such judge, to be filled by election under section 3131(c).

(b) Judicial ballot.--If a judge files a declaration, his name shall be submitted to the electors without party designation, as a separate judicial question or in a separate column or line on voting machines, at the municipal election immediately preceding the expiration of the term of office of the judge, to determine only the question whether he shall be retained in office.

(c) Results of election.--If a majority is against retention, a vacancy shall exist upon the expiration of his term of office, to be filled by appointment under section 3132(a) (relating to vacancies in office). If a majority favors retention, the judge shall serve for the regular term of office provided for in section 3152 (relating to tenure of judicial officers), unless sooner removed or retired. At the expiration of each term a judge shall be eligible for retention as provided in this section, subject only to the retirement provisions of this part. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended the section heading.

Cross References. Section 3153 is referred to in sections 3131, 3132 of this title.
42 Pa.C.S. § 3154 — PA Code / Title 42 / Chapter 31 / Section 3154
Compensation of judicial officers (Repealed).
Status: repealed

1983 Repeal. Section 3154 was repealed September 30, 1983, P.L.160, No.39, effective December 1, 1983.
42 Pa.C.S. § 3547 — PA Code / Title 42 / Chapter 35 / Section 3547
Restriction on compelling local action.
Status: in_force

A general rule, express order or other order in the nature of a regulation adopted by the governing authority or any other agency or unit of the system which relates to system and related personnel, the salaries, fees or expenses of which are required by statute to be paid by a political subdivision, shall not be effective as to such political subdivision unless the governing body of the political subdivision agrees thereto or is specifically required by statute to take the action to which the general rule, express order or other order relates. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 added section 3547.
42 Pa.C.S. § 7540 — PA Code / Title 42 / Chapter 75 / Section 7540
Parties.
Status: in_force

(a) General rule.--When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard.

(b) Tax matters.--In any proceeding which involves the effect of any asserted legal relation, status, right, or privilege upon the determination of any tax, the appropriate taxing authority shall be served with a copy of the proceeding, but if such taxing authority does not enter its appearance, the requirements of this section shall nevertheless be satisfied if the court considers that the interests of the taxing authority are adequately represented.

Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 2248, adopted June 3, 1994, provided that section 7540 shall not be deemed suspended or affected by Rules 2226 through 2232 relating to joinder of parties.
42 Pa.C.S. § 8390 — PA Code / Title 42 / Chapter 83 / Section 8390
Violation of injunctions or abatement order.
Status: in_force

(a) Contempt.--A violation of any court order issued under this subchapter is punishable as a contempt of court by a fine of not less than $500 nor more than $75,000. The court may order the sheriff or other proper officer of any county to take into custody and commit to jail any person fined for a contempt until the fine shall be paid or discharged. If unable to pay the fine, the person may be committed to jail by the court for not more than three months. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the contempt penalties.

(b) Additional orders.--In addition, upon finding that a defendant has willfully violated a court order issued under this subchapter, the court shall be also empowered to issue any additional orders necessary to abate this drug-related nuisance.
42 Pa.C.S. § 1908 — PA Code / Title 42 / Chapter 19 / Section 1908
Child abuse and domestic abuse education and training program for judges and court personnel.
Status: in_force

(a) Program.--The Administrative Office of Pennsylvania Courts may develop and implement an ongoing education and training program for judges, magisterial district judges and relevant court personnel, including guardians ad litem, counsel for children, masters and mediators regarding child abuse. The education and training program shall include all aspects of the maltreatment of children, including all of the following:

(1) Sexual abuse.

(2) Physical abuse.

(3) Psychological and emotional abuse.

(4) Implicit and explicit bias.

(5) Trauma and neglect.

(6) The impact of child abuse and domestic violence on children.

(b) Best practices.--The education and training program under subsection (a) shall include the latest best practices from evidence-based, peer-reviewed research by recognized experts, including Statewide family violence experts, in the types of child abuse specified under subsection (a). The Administrative Office of Pennsylvania Courts shall design the education and training program under subsection (a) to educate and train relevant court personnel on all of the factors listed under 23 Pa.C.S. § 5328(a) (relating to factors to consider when awarding custody) and improve the ability of courts to make appropriate custody decisions that are in the best interest of the child, including education and training regarding the impact of child abuse, domestic abuse and trauma on a victim, specifically a child, and situations when one party attempts to turn a child against another party.

(c) Federal grant funding.--The Administrative Office of Pennsylvania Courts shall design the education and training program under subsection (a) to conform with the requirements for increased Federal grant funding under 34 U.S.C. § 10446(k) (relating to State grants). (Apr. 15, 2024, P.L.24, No.8, eff. 120 days) 2024 Amendment. Act 8 added section 1908. See section 1 of Act 8 in the appendix to this title for special provisions relating to findings and declarations.
42 Pa.C.S. § 4134 — PA Code / Title 42 / Chapter 41 / Section 4134
Commitment for failure to pay fine.
Status: in_force

The court may order the sheriff or other proper officer of any county to take into custody and commit to jail any person fined for a contempt until such fine shall be paid or discharged. If unable to pay such fine, such person may be committed to jail by the court for not exceeding three months. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Amendment. Act 326 amended and renumbered section 4133 to section 4134 and renumbered former section 4134 to section 4135.
42 Pa.C.S. § 5807.1 — PA Code / Title 42 / Chapter 58 / Section 5807.1
Prohibition on adoptive seizures.
Status: in_force

State law enforcement authorities shall not refer seized property to a Federal agency seeking the adoption by the Federal agency of the seized property. Nothing under this chapter shall prohibit the Federal Government or any of its agencies from seeking Federal forfeiture of the same property under any Federal forfeiture law. 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 5807.1 is referred to in 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. § 9725 — PA Code / Title 42 / Chapter 97 / Section 9725
Total confinement.
Status: in_force

The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character, and condition of the defendant, it is of the opinion that the total confinement of the defendant is necessary because:

(1) there is undue risk that during a period of probation or partial confinement the defendant will commit another crime;

(2) the defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or

(3) a lesser sentence will depreciate the seriousness of the crime of the defendant.

Cross References. Section 9725 is referred to in sections 9721, 9724, 9802 of this title.
42 Pa.C.S. § 9570 — PA Code / Title 42 / Chapter 95 / Section 9570
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Capital Unitary Review Act. Suspension by Court Order. Section 9570 was suspended August 11, 1997, S.Ct. Order.
42 Pa.C.S. § 931 — PA Code / Title 42 / Chapter 9 / Section 931
Original jurisdiction and venue.
Status: in_force

(a) General rule.--Except where exclusive original jurisdiction of an action or proceeding is by statute or by general rule adopted pursuant to section 503 (relating to reassignment of matters) vested in another court of this Commonwealth, the courts of common pleas shall have unlimited original jurisdiction of all actions and proceedings, including all actions and proceedings heretofore cognizable by law or usage in the courts of common pleas.

(b) Concurrent and exclusive jurisdiction.--The jurisdiction of the courts of common pleas under this section shall be exclusive except with respect to actions and proceedings concurrent jurisdiction of which is by statute or by general rule adopted pursuant to section 503 vested in another court of this Commonwealth or in the magisterial district judges.

(c) Venue and process.--Except as provided by section 5101.1 (relating to venue in medical professional liability actions) and Subchapter B of Chapter 85 (relating to actions against Commonwealth parties), the venue of a court of common pleas concerning matters over which jurisdiction is conferred by this section shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the judicial district to the extent prescribed by general rule. Except as otherwise prescribed by general rule, in a proceeding to enforce an order of a government agency the process of the court shall extend throughout this Commonwealth. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 28, 1978, P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Oct. 17, 2002, P.L.880, No.127, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (b). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law. 2002 Amendment. Act 127 amended subsec. (c). Section 5 of Act 127 provided that the amendment of subsec. (c) shall apply to all medical professional liability actions filed on or after the effective date of section 5. 1980 Amendment. Act 142 added present section 931 and repealed former section 931 relating to the same subject matter. Cross References. Section 931 is referred to in section 7796 of Title 20 (Decedents, Estates and Fiduciaries).
42 Pa.C.S. § 1514 — PA Code / Title 42 / Chapter 15 / Section 1514
Offices.
Status: in_force

The governing body of the county shall establish an office or offices for each magisterial district judge at such locations within the county as may be approved by the president judge of the court of common pleas of the judicial district in compliance with general rules. (Apr. 28, 1978, P.L.202, No.53, eff 60 days; 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. § 6101 — PA Code / Title 42 / Chapter 61 / Section 6101
Scope of subchapter.
Status: in_force

Except as otherwise provided by statute or regulation promulgated pursuant thereto by a government agency, the provisions of this subchapter shall apply to matters heard by judicial tribunals and to all matters heard by government agencies of this Commonwealth.
42 Pa.C.S. § 7386 — PA Code / Title 42 / Chapter 73 / Section 7386
Confirmation of award.
Status: in_force

(a) Motion.--After an arbitrator gives notice under section 7385(a) (relating to award) or makes a correction under section 7387 (relating to correction by arbitrator of unconfirmed award), a party may move the court for an order confirming the award or, when applicable, entry of the divorce decree incorporating the award.

(b) Grounds.--Except as set forth in subsection (c), the court shall confirm an award if any of the following paragraphs apply:

(1) The parties agree in a record to confirmation.

(2) All of the following apply:

(i) The time period under section 7388 (relating to correction or confirmation by court of unconfirmed award) has expired, and no motion is pending under section 7388.

(ii) The time period under section 7389(e) (relating to vacation, amendment or confirmation by court of unconfirmed award) has expired, and no motion is pending under section 7389.

(c) Child custody or child support.--If an award determines a child custody dispute or a child support dispute, the court shall confirm the award under subsection (b) if the court finds, after a review of the record if necessary, that the award on its face:

(1) complies with section 7385 and 23 Pa.C.S. (relating to domestic relations); and

(2) is in the best interests of the child.

(d) Effect.--On confirmation, an award is enforceable as a judgment.

(e) Confidentiality.--Unless the parties otherwise agree, the arbitration proceedings and the arbitration award are confidential. If either party includes, in the motion under subsection (a), a request that the arbitration award be filed under seal, the court shall file the award under seal.

Cross References. Section 7386 is referred to in sections 7381, 7385, 7388, 7389, 7390, 7392, 7393 of this title.
42 Pa.C.S. § 4306 — PA Code / Title 42 / Chapter 43 / Section 4306
Enforcement of foreign judgments.
Status: in_force

(a) Short title of section.--This section shall be known and may be cited as the "Uniform Enforcement of Foreign Judgments Act."

(b) Filing and status of foreign judgments.--A copy of any foreign judgment including the docket entries incidental thereto authenticated in accordance with act of Congress or this title may be filed in the office of the clerk of any court of common pleas of this Commonwealth. The clerk shall treat the foreign judgment in the same manner as a judgment of any court of common pleas of this Commonwealth. A judgment so filed shall be a lien as of the date of filing and shall have the same effect and be subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of any court of common pleas of this Commonwealth and may be enforced or satisfied in like manner.

(c) Notice of filing.--

(1) At the time of the filing of the foreign judgment, the judgment creditor or his attorney shall make and file with the office of the clerk of the court of common pleas an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. In addition, such affidavit shall include a statement that the foreign judgment is valid, enforceable and unsatisfied.

(2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the attorney for the judgment creditor, if any, in this Commonwealth. In addition, the judgment creditor may mail a notice of the filing of the

judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(d) Stay.--

(1) If the judgment debtor shows the court of common pleas that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the State in which it was rendered.

(2) If the judgment debtor shows the court of common pleas any ground upon which enforcement of a judgment of any court of common pleas of this Commonwealth would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this Commonwealth.

(e) Optional procedure.--The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this section remains unimpaired.

(f) Definition.--As used in this section "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court requiring the payment of money which is entitled to full faith and credit in this Commonwealth. Cross References. Section 4306 is referred to in section 3705 of Title 23 (Domestic Relations).
42 Pa.C.S. § 9143 — PA Code / Title 42 / Chapter 91 / Section 9143
Duty of Governor in case of fugitives from this Commonwealth.
Status: in_force

Whenever the Governor of this Commonwealth shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this Commonwealth, from the executive authority of any other state, or from the official of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this Commonwealth to some agent commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this Commonwealth in which the offense was committed.
42 Pa.C.S. § 9759 — PA Code / Title 42 / Chapter 97 / Section 9759
Record.
Status: in_force

(a) General rule.--A record of the sentencing proceeding shall be made and preserved in such a manner that it can be transcribed as needed.

(b) Contents.--The record shall include:

(1) The record of any stipulation made at a presentence conference.

(2) A copy of the presentence report and a copy of any other report or document available to the sentencing court as an aid in imposing sentence, subject to such limitations as the court may have imposed under section 9734(b) (relating to restrictions on disclosure).

(3) A verbatim account of the entire sentencing proceeding.

(c) Documents transmitted to prison and parole authorities.--If the defendant is sentenced to imprisonment for

a maximum term in excess of two years, there shall be forwarded to the prison and parole authorities a copy of the presentence report, if any. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) 1980 Amendment. Act 142 amended subsec. (b)(2). Suspension by Court Rule. Section 9759 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases. Cross References. Section 9759 is referred to in section 9733 of this title.
42 Pa.C.S. § 3725 — PA Code / Title 42 / Chapter 37 / Section 3725
Standards of local facilities and services.
Status: in_force

All accommodations, goods and services furnished to personnel of the system by a county or any other government agency shall be furnished in conformity with general rules.
42 Pa.C.S. § 216 — PA Code / Title 42 / Chapter 2 / Section 216
Codification of Act Nos. 1978-271 and 1979-50.
Status: in_force

(a) Investigating grand juries.--

(1) Renumbering.--In printing the Laws of Pennsylvania and the Pennsylvania Consolidated Statutes the Legislative Reference Bureau pursuant to 1 Pa.C.S. § 1105(d)(1) shall renumber Subchapters D and E of Chapter 45 and sections 4541 and 4542 of Title 42, as added by the act of June 26, 1980 (P.L.266, No.78), as Subchapters E and F and sections 4531 and 4532, respectively. * * * Explanatory Note. Section 216(a)(2) added Subchapter D of
42 Pa.C.S. § 401 — PA Code / Title 42 / Chapter 4 / Section 401
Applicability of Statutory Construction Act.
Status: in_force

This act is intended to integrate into Title 42 of the Pennsylvania Consolidated Statutes all relevant legislation of the 1979-1981 General Assemblies through Act No. 1981-18. The provisions of 1 Pa.C.S. §§ 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) and 1974 (relating to effect of separate repeals on code provisions by same General Assembly) shall not be applicable to any act of the 1979-1981 General Assemblies through Act No. 1981-18 insofar as relates to Title 42 of the Pennsylvania Consolidated Statutes. Section 601 of the act of October 5, 1980 (P.L.693, No.142), known as the "JARA Continuation Act of 1980," is repealed.
42 Pa.C.S. § 6603 — PA Code / Title 42 / Chapter 66 / Section 6603
Limitations on remedies.
Status: in_force

(a) Limitations on remedies for Federal claims.--Prison conditions litigation filed in or remanded to a court of this Commonwealth alleging in whole or in part a violation of Federal law shall be subject to any limitations on remedies established by Federal law or Federal courts with respect to the Federal claims.

(b) Limitations on remedies under Pennsylvania law.--Prison conditions litigation arising in whole or in part due to an allegation of a violation of Pennsylvania law shall be subject to the limitations set forth in this act with respect to those claims arising under Pennsylvania law.

(c) Special masters.--In prison conditions litigation arising in whole or in part under Pennsylvania law, the court shall not appoint a person to assist the court or delegate any judicial function, including fact-finding, reporting or monitoring, unless the appointment or delegation is specifically authorized under Pennsylvania court rules. Any court order appointing a special master shall state the specific duties delegated to the special master. Any fact-finding by the special master shall be based upon the record.
42 Pa.C.S. § 743 — PA Code / Title 42 / Chapter 7 / Section 743
Commerce court program.
Status: in_force

(a) Appeals.--The Superior Court may establish from available funds a commerce court program that shall have specialized jurisdiction. In a commerce court program established under this section, the specialized jurisdiction of appeals relating to the following matters may be vested in the program:

(1) The internal affairs, governance, dissolution, liquidation, rights or obligations between or among owners and liability or indemnity of managers of business corporations, partnerships, limited partnerships, limited liability partnerships, professional associations, business trusts, joint ventures or other business enterprises, including any actions involving the interpretation of the rights or obligations under the organic law, articles of incorporation, bylaws or agreements governing these enterprises.

(2) Disputes between or among two or more business enterprises relating to a transaction, business relationship or contract.

(b) Rules.--The court may adopt rules for the administration of the program established under this section. The rules may not be inconsistent with this section or any rule established by the Supreme Court.

(c) Jurisdiction.--Nothing under this section shall be construed to affect the jurisdiction of an appellate court as provided by law other than this section. (Nov. 3, 2020, P.L.1090, No.111, eff. 60 days) 2020 Amendment. Act 111 added section 743.
42 Pa.C.S. § 4524 — PA Code / Title 42 / Chapter 45 / Section 4524
Selection of jurors for service.
Status: in_force

Except as otherwise provided in section 4525 (relating to equipment used for selection of jurors), the jury selection commission shall maintain a master list or jury wheel and shall place therein the names of persons included on the list of qualified jurors. Upon receipt of a court order pursuant to section 4531 (relating to issuance of court orders for jurors), the commission shall publicly select at random from the master list or jury wheel such number of names of persons as may be required to be summoned for assignment to jury arrays. A separate list of names and addresses of persons assigned to each jury array shall be prepared and made available for public inspection at the offices of the commission no later than 30 days prior to the first date on which the array is to serve. Renumbering. Section 4531, referred to in section 4524, was renumbered from 4541 pursuant to section 216(a)(1) of the act of October 5, 1980, P.L.693, No.142. Cross References. Section 4524 is referred to in section 4521 of this title.
42 Pa.C.S. § 6910 — PA Code / Title 42 / Chapter 69 / Section 6910
Limitations on lessor's liability.
Status: in_force

(a) Right to correct errors.--A lessor is not liable for any violation of the requirements of this chapter if, within 60 days after discovering an error and before an action for damages is filed against the lessor under section 6909 (relating to lessor's liability for noncompliance) or written notice of the error is received from the lessee, the lessor notifies the lessee of the error and makes adjustments to the account of the lessee that are necessary to assure that the lessee is not required to pay an amount in excess of the amounts permitted by this chapter. This subsection applies whether the error was discovered through the lessor's own procedures or by any other means.

(b) Limitation in damages.--A lessor is not liable under subsection (a) for damages in excess of actual damage sustained by the lessee if the lessor shows by a preponderance of the evidence that the violation of this chapter resulted from a bona fide error, notwithstanding the maintenance by the lessor of procedures reasonably adopted to avoid the error.

(c) Definition.--As used in this section, the term "bona fide error" includes, but is not limited to, clerical or

calculation mistakes, computer hardware or software malfunctions and programming and printing errors.
42 Pa.C.S. § 9794 — PA Code / Title 42 / Chapter 97 / Section 9794
Designation of sexually violent predators (Deleted by amendment).
Status: in_force

2000 Amendment. Section 9794 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
42 Pa.C.S. § 7404 — PA Code / Title 42 / Chapter 74 / Section 7404
Assessment and review.
Status: in_force

(a) General assessment.--Before entering into a collaborative law participation agreement, a prospective party shall:

(1) Assess factors the prospective party's attorney reasonably believes relate to whether the collaborative law process is appropriate for the matter and for the parties, including a prospective party or nonparty participant's history, if any, of violent or threatening behavior.

(2) Review information that the attorney reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative law process, as compared with other alternatives.

(b) Threatening or violent behavior.--

(1) Before a prospective party signs a collaborative law participation agreement, an attorney shall inquire whether the prospective party has a history of threatening or violent behavior toward any party or nonparty participant who will be part of the collaborative law process.

(2) If an attorney learns or reasonably believes, before commencing or at any point in the collaborative law process, that a party or prospective party has engaged in or has a history of threatening or violent behavior toward any other party or nonparty participant, the attorney may not begin or continue the collaborative law process unless the party or prospective party:

(i) Requests beginning or continuing the collaborative law process.

(ii) Indicates that the safety of all parties to the collaborative law process can be protected adequately during the collaborative law process.

(c) Private cause of action.--An attorney's failure to protect a party under this section shall not give rise to a private cause of action against the attorney.
42 Pa.C.S. § 3301 — PA Code / Title 42 / Chapter 33 / Section 3301
Constitutional restrictions.
Status: in_force

Judges shall devote full time to their judicial duties, and shall not engage in the practice of law, hold office in a political party or political organization, or hold an office or position of profit in the government of the United States, the Commonwealth or any municipal corporation or political subdivision thereof, except in the armed service of the United States or the Commonwealth.
42 Pa.C.S. § 6322 — PA Code / Title 42 / Chapter 63 / Section 6322
Transfer from criminal proceedings.
Status: in_force

(a) General rule.--Except as provided in 75 Pa.C.S. § 6303 (relating to rights and liabilities of minors) or in the event the child is charged with murder or any of the offenses excluded by paragraph (2)(ii) or (iii) of the definition of "delinquent act" in section 6302 (relating to definitions) or has been found guilty in a criminal proceeding, if it appears to the court in a criminal proceeding that the defendant is a child, this chapter shall immediately become applicable, and the court shall forthwith halt further criminal proceedings, and, where appropriate, transfer the case to the division or a judge of the court assigned to conduct juvenile hearings, together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case. If it appears to the court in a criminal proceeding charging murder or any of the offenses excluded by paragraph (2)(ii) or (iii) of the definition of "delinquent act" in section 6302, that the defendant is a child, the case may similarly be transferred and the provisions of this chapter applied. In determining whether to transfer a case charging murder or any of the offenses excluded from the definition of "delinquent act" in section 6302, the child shall be required to establish by a preponderance of the evidence that the transfer will serve the public interest. In determining whether the child has so established that the transfer will serve the public interest, the court shall consider the factors contained in section 6355(a)(4)(iii) (relating to transfer to criminal proceedings).

(b) Order.--If the court finds that the child has met the burden under subsection (a), the court shall make findings of fact, including specific references to the evidence, and conclusions of law in support of the transfer order. If the court does not make its finding within 20 days of the hearing on the petition to transfer the case, the defendant's petition to transfer the case shall be denied by operation of law.

(c) Expedited review of transfer orders.--The transfer order shall be subject to the same expedited review applicable to orders granting or denying release or modifying the conditions of release prior to sentence, as provided in Rule 1762 of the Pennsylvania Rules of Appellate Procedure.

(d) Effect of transfer order.--Where review of the transfer order is not sought or where the transfer order is upheld the defendant shall be taken forthwith to the probation officer or to a place of detention designated by the court or released to the custody of his parent, guardian, custodian, or other person legally responsible for him, to be brought before the court at a time to be designated. The accusatory pleading may serve in lieu of a petition otherwise required by this chapter, unless the court directs the filing of a petition.

(e) Transfer of convicted criminal cases.--If in a criminal proceeding, the child is found guilty of a crime classified as a misdemeanor, and the child and the attorney for the Commonwealth agree to the transfer, the case may be transferred for disposition to the division or a judge of the court assigned to conduct juvenile hearings.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days) 1995 Amendment. Section 8 of Act 33, 1st Sp.Sess., provided that Act 33 shall apply to all delinquent acts committed on or after the effective date of Act 33. Cross References. Section 6322 is referred to in sections 6303, 6321, 6327, 6355 of this title.
42 Pa.C.S. § 2301 — PA Code / Title 42 / Chapter 23 / Section 2301
Appointment of personnel.
Status: in_force

(a) General rule.--Subject to any inconsistent general rules or statutory provisions each:

(1) Judge and magisterial district judge may appoint and fix the duties of necessary personal staff.

(2) Court may appoint and fix the compensation and duties of necessary administrative staff and fix the compensation of personal staff.

(3) Other agency or unit of the unified judicial system may appoint and fix the compensation and duties of necessary central staff and personal staff.

(b) Oath of office.--Each member of a judicial board or commission and each other person who is appointed to an office shall, before entering upon the duties of his office, take and subscribe the oath or affirmation specified in section 3151 (relating to oath of office).

(c) County staff unaffected.--The provisions of subsection

(a) are intended solely to codify and consolidate former statutory provisions on the same subject and nothing in such subsection shall be construed to limit, modify or deny the existing powers or prerogatives of county staff or other officers, other than judges, elected by the electorate of a county, to appoint and to fix the reasonable compensation of such classes of personnel as such county officers have heretofore been authorized to do by law. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (a)(1). 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 sections 12, 17 and 18 of Act 142 of 1976 in the appendix to this title for special provisions relating to Allegheny County appointments, landlord and tenant officers and writ servers and traffic court writ servers. Cross References. Section 2301 is referred to in section 325 of this title.
42 Pa.C.S. § 4417 — PA Code / Title 42 / Chapter 44 / Section 4417
Funding.
Status: in_force

Except as provided in section 4416 (relating to cost of providing interpreter), the General Assembly shall appropriate to the Court Administrator such sums as may be necessary to

establish a program to facilitate the use of interpreters and otherwise fulfill the provisions of this subchapter. Implementation of this section is contingent upon the availability of appropriated funds to carry out the purposes of this section.
42 Pa.C.S. § 1724 — PA Code / Title 42 / Chapter 17 / Section 1724
Personnel of the system.
Status: in_force

(a) General rule.--Except as provided in subsection (b), the governing authority shall exercise general supervisory and administrative authority over the personnel of the system, including the power to:

(1) Standardize the qualifications for employment, and all titles, salaries and wages of appointed personnel of the system. In establishing such standards the governing authority may:

(i) Take into consideration the location of the work and the conditions under which the service is rendered.

(ii) Establish different standards for different kinds, grades and classes of similar work or service.

(iii) Adopt by reference in whole or in part the then current regulations of the Executive Board promulgated under section 709(a) of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," and the related personnel rules.

(2) Approve or disapprove the establishment of sections, bureaus, offices and other administrative units within the system, to investigate duplication of work of the several administrative units within the system and offices employing related personnel and the efficiency of the organization and administration thereof, and to adopt measures applicable to personnel of the system for the better coordination of the work of the unified judicial system and other government units.

(3) Approve or disapprove the number and grade of authorized positions within the personnel of the system, except such positions the compensation of which is fixed by statute.

(4) Approve or disapprove, in like manner as the Executive Board, the payment of extra compensation to personnel of the system who are employed at fixed compensation.

(5) Determine, from time to time, the hours when the office of the clerk and the administrative and central offices of the system shall open and close.

(6) Approve or disapprove extensions of leaves of absence, with pay, for personnel of the system.

(7) Promulgate rules and regulations defining the expenses for which the personnel of the system and members of advisory committees may be reimbursed.

(8) Approve or disapprove recommendations for the bonding of the personnel of the system, to fix the amounts

of the bonds of all such personnel required to give such bond, and to require any bond to be executed by a surety.

(9) Approve or disapprove the establishment of offices by any administrative unit within the personnel of the system at any place other than the facilities specified in section 3701 (relating to Pennsylvania Judicial Center) and section 3721 (relating to county judicial center).

(10) Regulate the employment of and the charges made by official court reporters for transcript and similar services when such official court reporters are employed by the unified judicial system.

(b) Exception.--Nothing in subsection (a) shall apply to county staff or shall affect the existing powers of the salary boards of the several counties of this Commonwealth. Cross References. Section 1724 is referred to in sections 1905, 2123 of this title.
42 Pa.C.S. § 1906.1 — PA Code / Title 42 / Chapter 19 / Section 1906.1
Senior judge operational support grant program.
Status: in_force

(a) Continuation.--The Court Administrator of Pennsylvania shall continue the program to defray the costs imposed on counties by the rules of judicial administration for facilities and staff for senior judges assigned to the courts of common pleas.

(b) Availability.--Grants shall be made available to counties based on the level of operational support provided by a county to:

(1) Senior judges formerly of the judicial district in which the county is situated who are regularly or periodically assigned in that county or who are assigned under section 4544 (relating to convening multicounty investigating grand jury).

(2) Visiting senior judges.

(c) Purpose.--Grants shall reimburse counties for operational support provided by the county during the preceding calendar year. Grants shall be calculated based on use of judicial chambers, utilization of the services of a law clerk and utilization of the services of a secretary, which chambers or services are deemed adequate and appropriate by the Administrative Office as follows:

(1) Use of judicial chambers shall be reimbursed at the rate of $60 per day, billable in one-half-day increments.

(2) Utilization of services of a law clerk shall be reimbursed at $20 per hour.

(3) Utilization of services of a secretary shall be reimbursed at $12 per hour.

(d) Reimbursement.--

(1) Counties shall be reimbursed upon timely application by the board of commissioners or, in the absence of a board of commissioners, the executive authority of the county or,

in the case of a county which is coterminous with a city of the first class, the mayor of the city of the first class.

(2) The application shall be certified by the president judge of the judicial district in which the county is situated and shall include such documentation as may be required by the Administrative Office.

(3) The due dates for applications for operational support provided during each calendar year shall be established by the Court Administrator of Pennsylvania.

(e) Minimum standards.--The Administrative Office shall set forth minimum standards regarding adequacy, appropriateness and quality of judicial chambers and services required to qualify for reimbursement.

(f) Reduction.--In the event that the total reimbursement qualifying for payment for any calendar year exceeds the amount appropriated by the General Assembly for such purpose, the Court Administrator of Pennsylvania shall proportionally reduce the grant for each county so that the total of all grants does not exceed the amount appropriated.

(g) Limit on grant amount.--No county shall receive more than 20% of the amount appropriated for senior judge operational support grants in any fiscal year.

(h) Report.--Not later than 60 days following payment of grants for any year, the Court Administrator of Pennsylvania shall make a report to the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives setting forth the payments made to counties and the services provided. (Oct. 30, 2017, P.L.802, No.49, eff. imd.) 2017 Amendment. Act 49 added section 1906.1. See section 3 of Act 49 in the appendix to this title for special provisions relating to applicability.
42 Pa.C.S. § 8332 — PA Code / Title 42 / Chapter 83 / Section 8332
Emergency response provider and bystander good Samaritan civil immunity.
Status: in_force

(a) General rule.--Any person, including an emergency response provider, whether or not trained to practice medicine, who in good faith renders emergency care, treatment, first aid or rescue at the scene of an emergency event or crime or who moves the person receiving such care, first aid or rescue to a hospital or other place of medical care shall not be liable for any civil damages as a result of rendering such care, except in any act or omission intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving emergency care or being moved to a hospital or other place of medical care.

(b) Exceptions.--(Deleted by amendment).

(b.1) Injured police animals.--A person, including an emergency response provider, whether trained to practice medicine, who, in good faith, renders emergency care, treatment, first aid or rescue to an injured police animal at the scene of an emergency event or crime or who moves an injured police animal receiving emergency care, treatment, first aid or rescue to a hospital or other place of medical care shall not be liable for any civil damages as a result of rendering aid, except in an act or omission intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the police animal receiving emergency care, treatment, first aid or rescue or while being moved to a hospital or other place of medical care.

(c) Exception.--This section shall not relieve a driver of a vehicle, including an ambulance or other emergency rescue vehicle, from liability arising from an operation or use of such vehicle pursuant to subsection (a).

(d) Definition.--(Deleted by amendment).

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

"Emergency response provider." The term includes Federal, State and local emergency public safety, law enforcement, emergency response, emergency medical services personnel, response teams, agencies and authorities. The term does not include hospital emergency facilities and related personnel.

"Police animals." As defined in 18 Pa.C.S. § 5531 (relating to definitions). (July 1, 1978, P.L.697, No.122, eff. 60 days; July 5, 2012, P.L.1081, No.125, eff. 60 days; July 11, 2022, P.L.719, No.60, eff. 60 days)

2022 Amendment. Act 60 added subsecs. (b.1) and (e) and deleted subsec. (d). Cross References. Section 8332 is referred to in sections 5503, 7217 of Title 35 (Health and Safety).
42 Pa.C.S. § 3113 — PA Code / Title 42 / Chapter 31 / Section 3113
Content of course of instruction and examination.
Status: in_force

(a) General rule.--Subject to the approval of the Supreme Court, the board shall prescribe and approve the subject matter and the examination for the course of training and instruction required by this subchapter. The staff authorized by Subchapter D of Chapter 21 (relating to minor judiciary education board) shall, subject to the direction of the board, administer the course of training and instruction and conduct the examination. The staff shall conduct the course of training and examination at such times, at such places and in such manner as the regulations of the board may prescribe. The board shall make the course of training and instruction available at such times so as to insure that any magisterial district judge, arraignment court magistrate or judge elected or appointed may qualify to assume office as soon as possible.

(b) Content of course.--The course of training and instruction shall not exceed four weeks in duration and shall consist of a minimum of 40 hours of class instruction in civil and criminal law, including evidence and procedure, summary proceedings, motor vehicles and courses in judicial ethics, in the case of all such officials except arraignment court magistrates, in which case the course of training shall consist of a minimum of 30 hours of class instruction in criminal law, search and seizure, arrest and bail practices and procedures, and except judges of the Traffic Court of Philadelphia, in which case the course of training shall consist of a minimum of 20 hours of class instruction in summary proceedings and laws relating to motor vehicles. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days) 2008 Amendment. Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98. 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 subsec. (b), was abolished by Joint Resolution No.2 of 2016.
42 Pa.C.S. § 4903 — PA Code / Title 42 / Chapter 49 / Section 4903
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:

"Account." The Access to Justice Account established in section 4904 (relating to establishment of Access to Justice Account).

"Eligible legal services provider." A not-for-profit entity incorporated in this Commonwealth, tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) or any successor provision, which operates within this Commonwealth for the primary purpose of providing civil legal services without charge and which operates to provide such civil legal services to eligible clients and victims of abuse under contract or subcontract with the Department of Public Welfare for the expenditure of funds appropriated by the General Assembly for the provision of legal services.

"Lobbying activities." Any effort to influence Federal, State or local legislative or administrative action, including, but not limited to, activities intended to influence the issuance, amendment or revocation of any executive or administrative order or regulation of a Federal, State or local agency, or to influence the introduction, amendment, passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body. 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. § 9811 — PA Code / Title 42 / Chapter 98 / Section 9811
Nonapplication of certain provisions.
Status: in_force

The provisions of the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, shall not apply to counties which jointly submit a plan under the provisions of this chapter. References in Text. The act of July 12, 1972, P.L.762, No.180, referred to as the Intergovernmental Cooperation Law, referred to in this section, was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subchapter A of Chapter 23 of Title 53 (Municipalities Generally).
42 Pa.C.S. § 722 — PA Code / Title 42 / Chapter 7 / Section 722
Direct appeals from courts of common pleas.
Status: in_force

The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following classes of cases:

(1) Matters prescribed by general rule.

(2) The right to public office.

(3) Matters where the qualifications, tenure or right to serve, or the manner of service, of any member of the judiciary is drawn in question.

(4) Automatic review of sentences as provided by 42 Pa.C.S. §§ 9546(d) (relating to relief and order) and 9711(h) (relating to review of death sentence).

(5) Supersession of a district attorney by an Attorney General or by a court or where the matter relates to the convening, supervision, administration, operation or discharge of an investigating grand jury or otherwise directly affects such a grand jury or any investigation conducted by it.

(6) Matters where the right or power of the Commonwealth or any political subdivision to create or issue indebtedness is drawn in direct question.

(7) Matters where the court of common pleas has held invalid as repugnant to the Constitution, treaties or laws of the United States, or to the Constitution of this Commonwealth, any treaty or law of the United States or any provision of the Constitution of, or of any statute of, this Commonwealth, or any provision of any home rule charter.

(8) Matters where the right to practice law is drawn in direct question. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 23, 1980, P.L.686, No.137, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Apr. 13, 1988, P.L.336, No.47, eff. imd.) 1988 Amendment. Act 47 amended par. (4). Section 6 of Act 47 provided that par. (4) 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. 1980 Amendment. Act 142 amended par. (5). Cross References. Section 722 is referred to in section 762 of this title.
42 Pa.C.S. § 7321.13 — PA Code / Title 42 / Chapter 73 / Section 7321.13
Disclosure by arbitrator.
Status: in_force

(a) Preappointment.--Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:

(1) a financial or personal interest in the outcome of the arbitration proceeding; and

(2) an existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator.

(b) Continuing.--An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to other arbitrators facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

(c) Objection.--If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under section 7321.24(a)(2) (relating to vacating award) for vacating an award made by the arbitrator.

(d) Nondisclosure.--If the arbitrator does not disclose a fact as required by subsection (a) or (b), upon timely objection by a party, the court under section 7321.24(a)(2) may vacate an award.

(e) Presumption of neutrality.--An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality under section 7321.24(a)(2).

(f) Procedure to challenge arbitrator.--If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 7321.24(a)(2). Cross References. Section 7321.13 is referred to in sections 7321.5, 7321.15 of this title.
42 Pa.C.S. § 9799.6 — PA Code / Title 42 / Chapter 97 / Section 9799.6
Applicability (Deleted by amendment).
Status: in_force

2000 Amendment. Section 9799.6 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
42 Pa.C.S. § 7307 — PA Code / Title 42 / Chapter 73 / Section 7307
Hearing before arbitrators.
Status: in_force

(a) General rule.--Unless otherwise prescribed by the agreement:

(1) The arbitrators shall appoint a time and place for the arbitration hearing and cause written notice thereof to be served personally or by registered or certified mail on all parties not less than ten days before the hearing. Appearance at the hearing constitutes a waiver of such notice.

(2) The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date.

(3) The arbitrators may hear and determine the controversy upon the evidence produced at the arbitration hearing notwithstanding the failure of a duly notified party to appear. On application by a party the court may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

(4) The parties and their attorneys have the right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

(5) The hearing shall be conducted by all the arbitrators but a majority may determine any issue and render

a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determine the controversy.

(b) Record.--On request of a party who shall pay the fees therefor all testimony shall be taken stenographically and a transcript thereof made a part of the record. Cross References. Section 7307 is referred to in section 7314 of this title.
42 Pa.C.S. § 705 — PA Code / Title 42 / Chapter 7 / Section 705
Transfers between intermediate appellate courts.
Status: in_force

The Superior Court and the Commonwealth Court shall have power pursuant to general rules, on their own motion or upon petition of any party, to transfer any appeal to the other court for consideration and decision with any matter pending in such other court involving the same or related questions of fact, law or discretion.
42 Pa.C.S. § 742 — PA Code / Title 42 / Chapter 7 / Section 742
Appeals from courts of common pleas.
Status: in_force

The Superior Court shall have exclusive appellate jurisdiction of all appeals from final orders of the courts of common pleas, regardless of the nature of the controversy or the amount involved, except such classes of appeals as are by any provision of this chapter within the exclusive jurisdiction of the Supreme Court or the Commonwealth Court.
42 Pa.C.S. § 6321 — PA Code / Title 42 / Chapter 63 / Section 6321
Commencement of proceedings.
Status: in_force

(a) General rule.--A proceeding under this chapter may be commenced:

(1) By transfer of a case as provided in section 6322 (relating to transfer from criminal proceedings).

(2) By the court accepting jurisdiction as provided in section 6362 (relating to disposition of resident child received from another state) or accepting supervision of a child as provided in section 6364 (relating to supervision under foreign order).

(2.1) By taking a child into custody in accordance with the provisions of section 6324 (relating to taking into custody).

(3) In other cases by the filing of a petition as provided in this chapter. The petition and all other documents in the proceeding shall be entitled "In the interest of............................, a minor," and shall be captioned and docketed as provided by general rule.

(b) Venue.--A proceeding under this chapter may be commenced:

(1) In the county in which the child resides.

(2) If delinquency is alleged, in the county in which the acts constituting the alleged delinquency occurred.

(3) If dependency is alleged, in the county in which the child is present when it is commenced.

(c) Transfer to another court within this Commonwealth.--

(1) If the child resides in a county of this Commonwealth and the proceeding is commenced in a court of another county, the court, on motion of a party or on its own motion made after the adjudicatory hearing or at any time prior to final disposition, may transfer the proceeding to the county of the residence of the child for further action. Like transfers may be made if the residence of the child changes during the proceeding. The proceeding may be transferred if the child has been adjudicated delinquent and other proceedings involving the child are pending in the court of the county of his residence.

(2) Certified copies of all legal and social documents and records pertaining to the case on file with the court shall accompany the transfer. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Feb. 29, 1980, P.L.36, No.12, eff. 60 days)

1980 Amendment. Act 12 amended subsec. (a). 1978 Amendment. Act 53 amended subsec. (b). Suspension by Court Rule. Section 6321 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(7), amended December 30, 2005, insofar as it is inconsistent with Rule 200 relating to commencing proceedings. Cross References. Section 6321 is referred to in section 9799.19 of this title.
42 Pa.C.S. § 4526 — PA Code / Title 42 / Chapter 45 / Section 4526
Challenging compliance with selection procedures.
Status: in_force

(a) Challenge to array.--Within ten days after publication of the array a party to a matter on a then published list of cases scheduled for jury trial may petition the court to stay the proceedings in the case where he is a party and to select a new jury array, or for other appropriate relief, on the ground of failure to substantially comply with this subchapter.

(b) Hearing on petition.--At the hearing on the petition filed under subsection (a), the moving party is entitled to present in support of the petition the testimony of the jury commissioners or their clerks, any relevant records and papers not public or otherwise available used by the jury commissioners or their clerks and any other relevant evidence. If the court determines that in selecting persons to fill the array the commissioners have failed to substantially comply with this subchapter, the court shall stay the proceedings requiring the service of jurors pending the selection of a new array in conformity with this subchapter or may grant other appropriate relief.

(c) Exclusive remedy.--Unless and until suspended or superseded by general rules, the procedures prescribed by this section are the exclusive means by which a person accused of a crime, the Commonwealth or a party in a civil case may challenge an array of jurors on the ground that the array was not selected in conformity with this subchapter.

(d) Records.--The contents of any records or papers used by the jury commissioners or their clerks in connection with the selection process and not made public under this subchapter shall not be disclosed (except in connection with the preparation or presentation of a petition filed under subsection

(a)) until after the list of qualified jurors or jury wheel has been emptied and refilled and all persons selected to serve as jurors before the list of qualified jurors or jury wheel was emptied have been discharged.

(e) Challenge to panel of jurors.--A jury panel for the trial of any case may be challenged only on the grounds that it was not selected at random from the array. Such challenge must be made by a party immediately after the panel of jurors has been selected by the administrative staff of the court and before interrogation of jurors commences.

(f) Other challenges.--Nothing in this subchapter shall affect the existing practice with respect to peremptory challenges and challenges for cause.
42 Pa.C.S. § 2735 — PA Code / Title 42 / Chapter 27 / Section 2735
Staff.
Status: in_force

(a) General rule.--The prothonotary may appoint and remove such deputies and other administrative staff of the office of the prothonotary as may be necessary.

(b) Solicitor.--The prothonotary may appoint and remove a solicitor, who shall be a member of the bar of this Commonwealth. The solicitor shall advise upon all legal matters that may be submitted by the prothonotary to him, and shall conduct any litigation when required to do so by the prothonotary.

(c) Compensation and duties.--The prothonotary, except as otherwise provided by statute or home rule charter or optional plan of government, may fix the compensation and duties of the staff of the office of the prothonotary. Where the compensation of the staff of the office of the prothonotary is fixed by a county salary board, the prothonotary shall be a member of the salary board for such purpose. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (b).
42 Pa.C.S. § 6156 — PA Code / Title 42 / Chapter 61 / Section 6156
Opening of sealed envelopes.
Status: in_force

The copy of the records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, attorney, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at the trial, deposition or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, attorney, body or tribunal shall first ascertain that either:

(1) the records have been subpoenaed in accordance with this subchapter; or

(2) the patient involved or someone authorized in his behalf to do so for him has consented thereto.
42 Pa.C.S. § 5988 — PA Code / Title 42 / Chapter 59 / Section 5988
Victims of sexual or physical abuse.
Status: in_force

(a) Release of name prohibited.--Notwithstanding any other provision of law to the contrary, in a prosecution involving a minor victim of sexual or physical abuse, the name of the minor victim shall not be disclosed by officers or employees of the court to the public, and any records revealing the name of the minor victim shall not be open to public inspection.

(a.1) Application of section.--The provisions of this section shall apply to a prosecution involving a minor victim regardless of the date of the commencement of the prosecution.

(a.2) Waiver.--A minor victim who is 18 years of age or older at the time of the commencement of the prosecution may waive the provisions of this section and allow the court to release the name of the minor victim. The court shall develop procedures to implement the provisions of this subsection.

(b) Penalty.--Any person who violates this section commits a misdemeanor of the third degree. (July 15, 2004, P.L.736, No.87, eff. imd.; Dec. 18, 2013, P.L.1181, No.109, eff. 60 days)
42 Pa.C.S. § 1105 — PA Code / Title 42 / Chapter 11 / Section 1105
Jurisdiction and venue.
Status: in_force

(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters) each community court shall have the jurisdiction which under law was exercised by the municipal court or traffic court or by magisterial district judges, as the case may be, within the judicial district.

(b) Venue and process.--The venue of a community court concerning matters over which jurisdiction is conferred by subsection (a) shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the judicial district to the extent prescribed by general rule. (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.
42 Pa.C.S. § 6356 — PA Code / Title 42 / Chapter 63 / Section 6356
Disposition of mentally ill or mentally retarded child.
Status: in_force

If, at a dispositional hearing of a child found to be a delinquent or at any hearing, the evidence indicates that the child may be subject to commitment or detention under the provisions of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the "Mental Health and Mental Retardation Act of 1966," or the act of July 9, 1976 (P.L.817, No.143), known as the "Mental Health Procedures Act," the court shall proceed under the provisions of the appropriate statute. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
42 Pa.C.S. § 9791 — PA Code / Title 42 / Chapter 97 / Section 9791
Legislative findings and declaration of policy (Expired).
Status: reserved

2012 Expiration. Section 9791 expired December 20, 2012. See Act 111 of 2011.
42 Pa.C.S. § 7401 — PA Code / Title 42 / Chapter 74 / Section 7401
Short title and scope of chapter.
Status: in_force

(a) Short title.--This chapter shall be known and may be cited as the Collaborative Law Act.

(b) Scope.--This chapter shall apply to a collaborative law process between family members and arising from a participation agreement that meets the requirements of section 7405 (relating to collaborative law participation agreement).
42 Pa.C.S. § 9758 — PA Code / Title 42 / Chapter 97 / Section 9758
Fine.
Status: in_force

(a) General rule.--In imposing a fine the court shall at the time of sentencing specify the amount of the fine up to the amount authorized by law and shall provide when it is to be paid, and in the absence of statutory direction provide whether it is to be paid to the county or to the Commonwealth.

(b) Installment payment.--Except for fines imposed under Title 34 (relating to game), the court may permit installment payments as it considers appropriate to the circumstances of the defendant, in which case its order shall specify when each installment payment is due. Installment payments for fines imposed for summary offenses under Title 34 shall not exceed one year for summary offenses and, except for 34 Pa.C.S. § 2522 (relating to shooting at or causing injury to human beings), shall not exceed two years for misdemeanor offenses.

(c) Alternative sentence.--The sentence of the court may include an alternative sentence in the event of nonpayment. (July 8, 1986, P.L.442, No.93, eff. July 1, 1987) 1986 Amendment. Act 93 amended subsec. (b). Cross References. Section 9758 is referred to in section 9772 of this title; section 925 of Title 34 (Game).
42 Pa.C.S. § 327 — PA Code / Title 42 / Chapter 3 / Section 327
Oaths and acknowledgments.
Status: in_force

(a) General ability.--Each judicial officer, each clerk of court, each retired or senior judge and such other personnel of the system and jurors as may be designated by or pursuant to general rules may administer oaths and affirmations and take acknowledgments. An acknowledgment may be taken by a member of the bar of the Supreme Court of Pennsylvania if the document is thereafter certified to an officer authorized to administer oaths. Certification by an attorney shall be in accordance with 57 Pa.C.S. Ch. 3 (relating to Revised Uniform Law on Notarial Acts) and shall include the attorney's Supreme Court identification number.

(b) Retired or senior judges.--A retired or senior judge may administer oaths and affirmations and take acknowledgments so long as all of the following criteria are met:

(1) The retired or senior judge has served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment, for an aggregate period equaling a full term of office.

(2) The retired or senior judge has not been defeated for reelection or retention.

(3) The retired or senior judge has not been convicted of or pleaded nolo contendere to any misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.

(4) The retired or senior judge has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies or by the Judicial Conduct Board.

(5) The retired or senior judge has not been removed from office by the Court of Judicial Discipline.

(6) The retired or senior judge is a resident of this Commonwealth. (July 1, 1987, P.L.180, No.21, eff. imd.; June 30, 2012, P.L.666, No.79, eff. 60 days; Oct. 9, 2013, P.L.609, No.73) 2013 Amendment. Act 73 amended subsec. (a). Section 5(3) of Act 73 provided that section 327 shall take effect 180 days after publication of the notice under section 4 of Act 73. Cross References. Section 327 is referred to in sections 2737, 2757, 2777 of this title; section 5601 of Title 20 (Decedents, Estates and Fiduciaries); section 316 of Title 57 (Notaries Public).
42 Pa.C.S. § 2754 — PA Code / Title 42 / Chapter 27 / Section 2754
Office of the clerk of the courts.
Status: in_force

(a) General rule.--There shall be an office of the clerk of the courts in each county of this Commonwealth, which shall be supervised by the clerk of the courts of the county who shall, either personally, by deputy, or by other duly authorized employees or agents of the office, exercise the powers and perform the duties by law vested in and imposed upon the clerk of the courts or the office of the clerk of the courts.

(b) Facilities and services.--The office of the clerk of the courts shall be provided with all necessary accommodations,

goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).
42 Pa.C.S. § 544 — PA Code / Title 42 / Chapter 5 / Section 544
Additional judges.
Status: in_force

(a) Constitution.--In order to increase the number of Superior Court judges so that the court shall hereafter be composed of 15 judges, pursuant to sections 3 and 13 of Article V of the Constitution of Pennsylvania, the appointment of eight additional judges to the court is hereby provided for. These additional judges shall possess the qualifications otherwise required by law for judges of the Superior Court and shall be initially appointed as provided in this section.

(b) Initial appointments.--The Governor, with the advice and consent of two-thirds of the members elected to the Senate, shall appoint eight additional judges for initial terms as follows:

(1) Two judges shall be appointed for terms ending the first Monday of January next following the third municipal election more than ten months after the additional judges are selected. These appointees shall be of different political parties.

(2) Two judges shall be appointed for terms ending the first Monday of January next following the second municipal election more than ten months after the additional judges are selected. These appointees shall be of different political parties.

(3) Four judges shall be appointed for terms ending the first Monday of January next following the first municipal election more than ten months after the additional judges are selected. Of these appointees, no more than two shall be of the same political party.

(c) Vacancies.--Vacancies caused by the death, retirement, resignation or removal of a judge appointed under this section shall be filled in the manner and for the term prescribed by section 13 of Article V of the Constitution of Pennsylvania.

(d) Retention declarations.--No judge appointed pursuant to this section shall, prior to the expiration of his appointive term, file a declaration of candidacy for retention, as provided in section 15 of Article V of the Constitution of Pennsylvania.

(e) Elections.--Elections for judges of the court shall be held at the times and in the manner prescribed by section 13 of Article V of the Constitution of Pennsylvania and, to the extent not inconsistent therewith, pursuant to the election laws of this Commonwealth applicable to the election of judges of the Superior Court.

(f) Terms of judges.--Except as provided in this section for the initial appointive terms for additional judges of the Superior Court, the terms of office of judges of the Superior Court shall be as otherwise provided by law. (June 11, 1980, P.L.213, No.63, eff. imd.) 1980 Amendment. Act 63 added section 544.
42 Pa.C.S. § 6154 — PA Code / Title 42 / Chapter 61 / Section 6154
Affidavit of none or partial possession.
Status: in_force

If the health care facility has none of the charts or records specified in the subpoena, or only a part thereof, the custodian of the charts or records shall so state in a notarized affidavit and, following notice and payment of expenses, shall hold available the original charts or records which are in the health care facility's custody and specified in the subpoena and shall deliver the certified copies together with the affidavit.
42 Pa.C.S. § 6107 — PA Code / Title 42 / Chapter 61 / Section 6107
Judicial notice of certain local government ordinances.
Status: in_force

(a) General rule.--The ordinances of municipal corporations of this Commonwealth shall be judicially noticed.

(b) Manner of proving ordinances.--The tribunal may inform itself of such ordinances in such manner as it may deem proper and the tribunal may call upon counsel to aid it in obtaining such information.

(c) Construction of ordinances.--The construction of such ordinances shall be made by the court and not by the jury and shall be reviewable.
42 Pa.C.S. § 5326 — PA Code / Title 42 / Chapter 53 / Section 5326
Assistance to tribunals and litigants outside this Commonwealth with respect to depositions (Repealed).
Status: repealed

2012 Repeal. Section 5326 was repealed October 24, 2012, P.L.1459, No.183, effective in 60 days.
42 Pa.C.S. § 3115 — PA Code / Title 42 / Chapter 31 / Section 3115
Certification of successful completion of course of training.
Status: in_force

Upon the successful completion of the course of training and instruction and examination, the Administrative Office shall issue to a person elected or appointed as a magisterial district judge, arraignment court magistrate or judge a certificate in

the form prescribed by the board, certifying that such person is qualified to perform his duties as required by the Constitution of Pennsylvania. Such certificate shall be filed in the office of the clerk of the court of common pleas of the judicial district embracing the district to be served by the magisterial district judge, arraignment court magistrate or judge. (Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days) 2008 Amendment. Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98. 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Cross References. Section 3115 is referred to in sections 3114, 3116 of this title.
42 Pa.C.S. § 5801 — PA Code / Title 42 / Chapter 58 / Section 5801
Scope of chapter.
Status: in_force

This chapter relates to asset forfeiture.
42 Pa.C.S. § 7311 — PA Code / Title 42 / Chapter 73 / Section 7311
Change of award by arbitrators.
Status: in_force

(a) General rule.--On application of a party to the arbitrators, or on submission to the arbitrators by the court under such conditions as the court may order if an application to the court is pending under section 7313 (relating to confirmation of award by court), section 7314 (relating to vacating award by court) or section 7315 (relating to modification or correction of award by court), the arbitrators may modify or correct the award upon the grounds stated in section 7315(a)(1) and (2), or for the purpose of clarifying the award.

(b) Time limitation.--An application to the arbitrators under subsection (a) shall be made within ten days after delivery of the award to the applicant. Written notice of presentation of the application shall be given forthwith by the

applicant to all other parties stating that they must serve objections thereto within ten days from the date of the notice. The award as modified or corrected is subject to the provisions of sections 7313, 7314 and 7315.
42 Pa.C.S. § 43 — PA Code / Title 42 / Chapter 43 / Section 43
Effective date.
Status: in_force

Except as otherwise provided in this act, this act shall take effect 60 days after final enactment. 1978, NOVEMBER 26, P.L.1264, NO.301 § 4. Election of additional judges.

(a) General rule.--At the municipal election in November 1979, the qualified electors of the judicial districts in which the judges authorized herein are added shall elect, in the same manner prescribed by law for the election of president judge of the court of common pleas of the districts, competent persons learned in the law to serve as additional law judges of the court of common pleas of the respective judicial districts from the first Monday in January 1980, for terms of ten years each. The offices hereby created shall come into existence on the first Monday of January 1980. Vacancies in the offices hereby created whether caused by death, resignation, expiration of term or otherwise shall be filled in the same manner as is required by law in case of similar vacancies in the office of president judge of the courts.

(b) Other provisions inapplicable.--The provisions of 42 Pa.C.S. § 3135 (relating to increase in number of judges) shall not apply to the additional judges herein authorized. Explanatory Note. Act 301 amended section 911 of Title 42. 1979, JULY 20, P.L.157, NO.52 § 8. Savings provision. The provisions of this amendatory act shall not affect any act done, liability or cost incurred or right accrued or vested or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of any statutory provisions amended by this act. Explanatory Note. Act 52 amended, added or repealed sections 102, 1515, 1722, 1725.1, 1725.2, 3113, 3118, 3302, 3571, 4102, 4122 and 4123 of Title 42. 1980, JUNE 26, P.L.266, NO.78 § 5. Applicability and implementation. This act shall apply and be implemented as follows:

(1) This act shall apply in all counties on and after January 1, 1981.

(2) By order of the president judge of the court of common pleas, this act, except 42 Pa.C.S. § 4561 (relating to compensation of jurors), may be put into effect in the respective county, in whole or in part or in successive stages, at any time prior to January 1, 1981.

(3) Encumbent jury commissioners shall continue in office until successors are duly qualified.

Explanatory Note. Act 78 amended or added sections 2121, 2122, 2123 and 3531 and added the provisions of Chapter 45 of Title 42. § 6. Validity of interim proceedings. Proceedings occurring on and after the effective date of this act and prior to January 1, 1981, which relate to matters affected by this act shall be valid if conducted in a manner that would be or was authorized either under this act or any act or part of an act repealed or superseded by this act or repealed or suspended by the act of April 28, 1978 (P.L.202, No.53), known as the "Judiciary Act Repealer Act." 1980, OCTOBER 5, P.L.693, NO.142 § 101. Short title. This act shall be known and may be cited as the "JARA Continuation Act of 1980."
42 Pa.C.S. § 725 — PA Code / Title 42 / Chapter 7 / Section 725
Direct appeals from constitutional and judicial agencies.
Status: in_force

The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the following constitutional and judicial agencies:

(1) Legislative Reapportionment Commission.

(2) Court of Judicial Discipline, except matters within the exclusive jurisdiction of a special tribunal as established under section 18(c)(1) of Article V of the Constitution of Pennsylvania.

(3) The agency vested with the power to determine whether those members of the minor judiciary required to do so have completed a course of training and instruction in the duties of their respective offices and passed an examination.

(4) The agency vested with the power to admit or recommend the admission of persons to the bar and the practice of law.

(5) The agency vested with the power to discipline or recommend the discipline of attorneys at law. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993) 1993 Amendment. Act 56 amended par. (2). 1978 Amendment. Act 53 amended pars. (4) and (5). Cross References. Section 725 is referred to in section 763 of this title.
42 Pa.C.S. § 6386 — PA Code / Title 42 / Chapter 63 / Section 6386
Restraints, labor and postpartum recovery.
Status: in_force

(a) Restraints.--

(1) No restraints shall be used on any child who meets any of the following unless the facility has a reasonable belief that the child will harm the child, the child's newborn or another individual or pose a substantial risk of imminent flight:

(i) Is in any stage of pregnancy, labor or delivery.

(ii) Has given birth within the last 30 days and is in postpartum recovery.

(iii) Is being transported to a medical facility as a result of any conditions under subparagraph (i) or

(ii).

(2) If restraints are used, the staff ordering the use of restraints on a child shall submit a written report to the individual in charge of the facility within 72 hours following the use of the restraints, containing the justification for restraining the child during postpartum recovery. The report shall also be sent to the department.

(b) Specific requirements regarding restraints.--If restraint is applied under subsection (a), the following apply:

(1) At no time shall the child be left unattended by facility staff with the ability to release the restraint should a release become medically necessary.

(2) The facility staff accompanying the child shall promptly remove all restraints upon request of a health care professional.

(3) Leg or waist restraints shall not be used on any child who is in labor.

(c) Least restrictive restraint.--When a restraint is permitted under this section, a facility shall use the least restrictive restraint necessary.

(d) Postdelivery bonding period.--Subject to hospital policy, following the delivery of a newborn, the department shall permit the newborn to remain with the child at the hospital for up to 72 hours unless a health care professional has a reasonable belief that the newborn remaining with the child poses a health or safety risk to the newborn.

(e) Nutritional and hygiene products.--During the 72-hour period under subsection (d), the facility shall make available the necessary nutritional and hygiene products to care for the newborn.
42 Pa.C.S. § 9303 — PA Code / Title 42 / Chapter 93 / Section 9303
Liability for violations of general and specific criminal statutes.
Status: in_force

Notwithstanding the provisions of 1 Pa.C.S. § 1933 (relating to particular controls general) or any other statute to the contrary, where the same conduct of a defendant violates more than one criminal statute, the defendant may be prosecuted under all available statutory criminal provisions without regard to the generality or specificity of the statutes. (Dec. 9, 2002, P.L.1705, No.215, eff. 60 days) 2002 Amendment. Act 215 added section 9303.
42 Pa.C.S. § 9572 — PA Code / Title 42 / Chapter 95 / Section 9572
Representation of counsel.
Status: in_force

(a) Collateral counsel.--Immediately after the formal imposition of sentence on all charges or within 30 days of the verdict of the death penalty, whichever occurs later, the court shall appoint new counsel for the purposes of collateral review, unless:

(1) the petitioner has elected to proceed pro se and the court finds, after a colloquy on the record, that the petitioner's election is knowing, intelligent and voluntary; or

(2) the petitioner retains counsel for the unitary review proceeding.

(b) Prior attorney.--No petitioner may be represented on collateral review, either in the trial court or on appeal, by an attorney, whether retained or appointed, who has represented the petitioner at any other stage of the proceedings, including direct appeal, unless the court finds, after a colloquy on the record, that the petitioner has knowingly, intelligently and voluntarily waived his right to challenge the effectiveness of that attorney's representation.

(c) Standards for appointment of counsel.--The Supreme Court shall adopt standards for the appointment of counsel in capital cases. These standards shall apply for the appointment of trial counsel, collateral review counsel and appellate counsel. When adopting the standards, the Supreme Court shall consider, where practicable, the following criteria:

(1) Counsel is admitted to practice in Pennsylvania.

(2) Counsel is an experienced and active trial practitioner with at least five years' litigation experience in the field of criminal law.

(3) Counsel has prior experience as counsel in a specified number of trials or other relevant proceedings.

(4) Counsel is familiar with the practice and procedure of the appropriate courts, including Federal courts of the jurisdiction.

(5) Counsel has demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.

(6) Local practice for the appointment of counsel in capital cases. Absent standards established under this subsection, the court may appoint such counsel as it deems qualified, in accordance with any local rules or practices. The existence or applicability of or failure to comply with such standards shall not provide a basis for relief. Suspension by Court Order. Section 9572 was suspended August 11, 1997, S.Ct. Order.
42 Pa.C.S. § 6901 — PA Code / Title 42 / Chapter 69 / Section 6901
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Rental-Purchase Agreement Act.
42 Pa.C.S. § 8354 — PA Code / Title 42 / Chapter 83 / Section 8354
Burden of proof.
Status: in_force

In an action brought pursuant to this subchapter the plaintiff has the burden of proving, when the issue is properly raised, that:

(1) The defendant has procured, initiated or continued the civil proceedings against him.

(2) The proceedings were terminated in his favor.

(3) The defendant did not have probable cause for his action.

(4) The primary purpose for which the proceedings were brought was not that of securing the proper discovery, joinder of parties or adjudication of the claim on which the proceedings were based.

(5) The plaintiff has suffered damages as set forth in section 8353 (relating to damages).
42 Pa.C.S. § 5918 — PA Code / Title 42 / Chapter 59 / Section 5918
Examination of defendant as to other offenses.
Status: in_force

No person charged with any crime and called as a witness in his own behalf, shall be asked, or if asked, shall be required to answer, any question tending to show that he has committed, or been charged with, or been convicted of any offense other than the one wherewith he shall then be charged, or tending to show that he has been of bad character or reputation unless:

(1) he shall have at such trial, personally or by counsel, asked questions of the witness for the prosecution with a view to establish his own good reputation or

character, or has given evidence tending to prove his own good character or reputation; or

(2) he shall have testified at such trial against a co-defendant, charged with the same offense.
42 Pa.C.S. § 9138 — PA Code / Title 42 / Chapter 91 / Section 9138
Extension of time of commitment.
Status: in_force

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or issuing authority may discharge him or may recommit him for a further period, not to exceed 60 days, or a judge or issuing authority may again take bail for his appearance and surrender, as provided in section 9137 (relating to bail), but within a period not to exceed 60 days after the date of such new bond.
42 Pa.C.S. § 9127 — PA Code / Title 42 / Chapter 91 / Section 9127
Extradition of persons not present in demanding state at time of commission of crime.
Status: in_force

The Governor of this Commonwealth may also surrender on demand of the executive authority of any other state any person in this Commonwealth charged in such other state in the manner provided in section 9124 (relating to form of demand) with committing an act in this Commonwealth or in a third state intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this subchapter not otherwise inconsistent shall apply to such cases even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom. Cross References. Section 9127 is referred to in sections 9124, 9134, 9136 of this title.
42 Pa.C.S. § 8923 — PA Code / Title 42 / Chapter 89 / Section 8923
Hearing after arrest.
Status: in_force

If an arrest is made in this Commonwealth by an officer of another state, in accordance with the provisions of this subchapter, he shall, without unnecessary delay, take the person arrested before an issuing authority, who shall conduct a hearing for the sole purpose of determining if the arrest was in accordance with the provisions of this subchapter and not of determining the guilt or innocence of the arrested person. If such issuing authority determines that the arrest was in accordance with this subchapter, he shall commit the person arrested to the custody of the officer making the arrest, who shall without unnecessary delay take him to the state from which he fled. If such issuing authority determines that the arrest was unlawful, he shall discharge the person arrested.
42 Pa.C.S. § 6362 — PA Code / Title 42 / Chapter 63 / Section 6362
Disposition of resident child received from another state.
Status: in_force

(a) General rule.--If a juvenile court of another state which has adopted the Uniform Juvenile Court Act, or a substantially similar law which includes provisions corresponding to section 6361 (relating to disposition of nonresident child) and this section, requests a court of this Commonwealth to accept jurisdiction of a child found by the requesting court to have committed a delinquent act or to be an unruly or dependent child, and the court of this Commonwealth finds, after investigation that the child is, or is about to become, a resident of a county for which the court is established, the court shall promptly and not later than 14 days after receiving the request issue its acceptance in writing to the requesting court and direct its probation officer or other person designated by it to take physical custody of the child from the requesting court and bring him before the court of this Commonwealth or make other appropriate provisions for his appearance before the court.

(b) Hearing on further disposition.--Upon the filing of certified copies of the orders of the requesting court:

(1) determining that the child committed a delinquent act or is an unruly or dependent child; and

(2) committing the child to the jurisdiction of the court of this Commonwealth; the court of this Commonwealth shall immediately fix a time for a hearing on the need for treatment, supervision or rehabilitation and disposition of the child or on the continuance of any probation or protective supervision.

(c) Further proceedings.--The hearing and notice thereof and all subsequent proceedings are governed by this chapter. The court may make any order of disposition permitted by the facts and this chapter. The orders of the requesting court are conclusive that the child committed the delinquent act or is an unruly or dependent child and of the facts found by the court in making the orders. If the requesting court has made an order placing the child on probation or under protective supervision, a like order shall be entered by the court of this Commonwealth. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) Cross References. Section 6362 is referred to in sections 6321, 6361 of this title.
42 Pa.C.S. § 4139 — PA Code / Title 42 / Chapter 41 / Section 4139
Contempt powers of Traffic Court of Philadelphia.
Status: in_force

(a) General rule.--The Traffic Court of Philadelphia shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:

(1) Misbehavior of any person in the presence of the court thereby obstructing the administration of justice.

(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a traffic court judge.

(3) Failure to comply with an order of a traffic court judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.

(b) Limitation.--The power of contempt shall not include system and related personnel, attorneys or law enforcement officers when performing official duties or acting as officers of the court.

(c) Punishment.--Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.

(d) Procedure.--A traffic court judge shall have the power to issue an attachment by means of a warrant and to conduct a hearing prior to the imposition of punishment for contempt. Any punishment imposed by a traffic court judge for contempt shall be automatically stayed for a period of ten days from the date of imposition of the punishment during which time an appeal of the action of the traffic court judge may be filed with the court of common pleas of the judicial district. The stay shall remain in effect pending the disposition of an appeal. Upon the filing of the appeal, the court of common pleas shall hear the matter de novo. On appeal, the accused shall have the right to be notified of the accusation and shall have a reasonable time to make a defense. The defendant shall not have a right to a jury trial on appeal. (June 15, 1994, P.L.273, No.45, eff. 60 days)

1994 Amendment. Act 45 added section 4139. References in Text. The Traffic Court of Philadelphia, referred to in this section, was abolished by Joint Resolution No.2 of 2016. Suspension by Court Rule. Section 4139 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(1), adopted March 1, 2000, insofar as it is inconsistent with the 30-day appeal period and 30-day automatic stay period set forth in Rule 141 relating to preliminary hearing; continuances.
42 Pa.C.S. § 8557 — PA Code / Title 42 / Chapter 85 / Section 8557
Judgment as a bar.
Status: in_force

The judgment in an action cognizable under section 8545 (relating to official liability generally) shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the local agency of which the defendant in such action is an employee. The judgment in an action under section 8542 (relating to exceptions to governmental immunity) shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose act gave rise to the claim.
42 Pa.C.S. § 4327 — PA Code / Title 42 / Chapter 43 / Section 4327
Transfer of custody to local museum upon application.
Status: in_force

(a) General rule.--Any nonprofit public, quasi-public, or private association or corporation situated within the county where the historical documents are filed, which maintains a museum, building or facilities used for the exhibit of historical writings, and which shall have adequate facilities for the display and preservation of such documents, may petition the court of common pleas of the judicial district embracing the county wherein such document or documents are filed for the transfer of the custody of such documents for the purpose of their public display. Upon the filing of any petition, the court shall fix a time for a hearing, and prescribe such notice to be given as shall acquaint similar organizations with the filing of the petition. Any other association or corporation meeting the requirements of this subsection may intervene in the proceedings with the same effect as if it had been the original petitioner, and the court, after hearing, may award custody of any historical document or documents to any of the petitioners for such term and upon such conditions as the court shall prescribe.

(b) Permanent copy substituted for original.--Upon the granting of a petition transferring custody of any historical documents, the officer from whose custody it was removed shall substitute in his files a certified permanent copy of such document, which shall be of the same force and effect as the original document.

(c) Petition for return of document.--The appropriate county officer may at any time, without cause, petition the court for the return of any historical document, the custody of which had been previously transferred to any person pursuant to subsection

(a).

(d) Order for return on motion of court.--The court, after having taken jurisdiction of the transfer of any historical document, may, without cause, and upon its own motion, order the person having such temporary custody to return such document to the appropriate office wherein it had been originally filed.

(e) Definition.--As used in this section "historical document" means any document formerly belonging to a decedent or any other person, which document is more than 50 years old and which is in the custody of a register of wills, the recorder of deeds, the clerk of any court or the prothonotary, except documents relating to adoption, divorce or custody.
42 Pa.C.S. § 5944 — PA Code / Title 42 / Chapter 59 / Section 5944
Confidential communications to psychiatrists or licensed psychologists.
Status: in_force

No psychiatrist or person who has been licensed under the act of March 23, 1972 (P.L.136, No.52), to practice psychology shall be, without the written consent of his client, examined in any civil or criminal matter as to any information acquired in the course of his professional services in behalf of such client. The confidential relations and communications between a psychologist or psychiatrist and his client shall be on the same basis as those provided or prescribed by law between an attorney and client. (Dec. 22, 1989, P.L.722, No.96, eff. 60 days) Cross References. Section 5944 is referred to in sections 4415, 4436, 6352.2 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).
42 Pa.C.S. § 6355 — PA Code / Title 42 / Chapter 63 / Section 6355
Transfer to criminal proceedings.
Status: in_force

(a) General rule.--After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, of this Commonwealth, the court before hearing the petition on its merits may rule that this chapter is not applicable and that the offense should be prosecuted, and transfer the offense, where appropriate, to the division or a judge of the court assigned to conduct criminal proceedings, for prosecution of the offense if all of the following exist:

(1) The child was 14 or more years of age at the time of the alleged conduct.

(2) A hearing on whether the transfer should be made is held in conformity with this chapter.

(3) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing.

(4) The court finds:

(i) that there is a prima facie case that the child committed the delinquent act alleged;

(ii) that the delinquent act would be considered a felony if committed by an adult;

(iii) that there are reasonable grounds to believe that the public interest is served by the transfer of the case for criminal prosecution. In determining whether the public interest can be served, the court shall consider the following factors:

(A) the impact of the offense on the victim or victims;

(B) the impact of the offense on the community;

(C) the threat to the safety of the public or any individual posed by the child;

(D) the nature and circumstances of the offense allegedly committed by the child;

(E) the degree of the child's culpability;

(F) the adequacy and duration of dispositional alternatives available under this chapter and in the adult criminal justice system; and

(G) whether the child is amenable to treatment, supervision or rehabilitation as a juvenile by considering the following factors:

(I) age; (II) mental capacity; (III) maturity; (IV) the degree of criminal sophistication exhibited by the child;

(V) previous records, if any; (VI) the nature and extent of any prior delinquent history, including the success or failure of any previous attempts by the juvenile court to rehabilitate the child; (VII) whether the child can be rehabilitated prior to the expiration of the juvenile court jurisdiction; (VIII) probation or institutional reports, if any; (IX) any other relevant factors; and

(iv) that there are reasonable grounds to believe that the child is not committable to an institution for the mentally retarded or mentally ill.

(b) Chapter inapplicable following transfer.--The transfer terminates the applicability of this chapter over the child with respect to the delinquent acts alleged in the petition.

(c) Transfer at request of child.--The child may request that the case be transferred for prosecution in which event the court may order this chapter not applicable.

(d) Effect of transfer from criminal proceedings.--No hearing shall be conducted where this chapter becomes applicable because of a previous determination by the court in a criminal proceeding.

(e) Murder and other excluded acts.--Where the petition alleges conduct which if proven would constitute murder, or any of the offenses excluded by paragraph (2)(ii) or (iii) of the definition of "delinquent act" in section 6302 (relating to definitions), the court shall require the offense to be prosecuted under the criminal law and procedures, except where the case has been transferred pursuant to section 6322 (relating to transfer from criminal proceedings) from the division or a judge of the court assigned to conduct criminal proceedings.

(f) Transfer action interlocutory.--The decision of the court to transfer or not to transfer the case shall be interlocutory.

(g) Burden of proof.--The burden of establishing by a preponderance of evidence that the public interest is served by the transfer of the case to criminal court and that a child is not amenable to treatment, supervision or rehabilitation as a juvenile shall rest with the Commonwealth unless the following apply:

(1) (i) a deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions) was used and the child was 14 years of age at the time of the offense; or

(ii) the child was 15 years of age or older at the time of the offense and was previously adjudicated delinquent of a crime that would be considered a felony if committed by an adult; and

(2) there is a prima facie case that the child committed a delinquent act which, if committed by an adult, would be classified as rape, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or

(2) (relating to aggravated assault), robbery as defined in

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), robbery of motor vehicle, aggravated indecent assault, kidnapping, voluntary manslaughter, an attempt, conspiracy or solicitation to commit any of these crimes or an attempt to commit murder as specified in paragraph (2)(ii) of the definition of "delinquent act" in section 6302. If either of the preceding criteria are met, the burden of establishing by a preponderance of the evidence that retaining the case under this chapter serves the public interest and that the child is amenable to treatment, supervision or rehabilitation as a juvenile shall rest with the child. (Apr. 28, 1978, P.L.202, No.53, eff 60 days; Feb. 29, 1980, P.L.36, No.12, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days) 1995 Amendment. Act 33, 1st Sp.Sess., amended subsecs.

(a)(4) and (e) and added subsec. (g). Section 8 of Act 33, 1st Sp.Sess., provided that Act 33 shall apply to all delinquent acts committed on or after the effective date of Act 33. 1980 Amendment. Act 12 amended subsec. (a). Suspension by Court Rule. Subsection (g) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(17), amended July 18, 2012, insofar as it is inconsistent with Rule 394, relating to transfer hearing. Cross References. Section 6355 is referred to in sections 6308, 6322, 6337.1, 6339 of this title.
42 Pa.C.S. § 5536 — PA Code / Title 42 / Chapter 55 / Section 5536
Construction projects.
Status: in_force

(a) General rule.--Except as provided in subsection (b), a civil action or proceeding brought against any person lawfully performing or furnishing the design, planning, supervision or observation of construction, or construction of any improvement to real property must be commenced within 12 years after completion of construction of such improvement to recover damages for:

(1) Any deficiency in the design, planning, supervision or observation of construction or construction of the improvement.

(2) Injury to property, real or personal, arising out of any such deficiency.

(3) Injury to the person or for wrongful death arising out of any such deficiency.

(4) Contribution or indemnity for damages sustained on account of any injury mentioned in paragraph (2) or (3).

(b) Exceptions.--

(1) If an injury or wrongful death shall occur more than ten and within 12 years after completion of the improvement a civil action or proceeding within the scope of subsection (a) may be commenced within the time otherwise limited by this subchapter, but not later than 14 years after completion of construction of such improvement.

(2) The limitation prescribed by subsection (a) shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or wrongful death for which it is proposed to commence an action or proceeding.

(c) No extension of limitations.--This section shall not extend the period within which any civil action or proceeding may be commenced under any provision of law. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsecs. (a) and (b).
42 Pa.C.S. § 9799.67 — PA Code / Title 42 / Chapter 97 / Section 9799.67
Duties of Pennsylvania State Police.
Status: in_force

The Pennsylvania State Police shall:

(1) Create and maintain a State registry of offenders and sexually violent predators required to register under this subchapter. The registry shall be incorporated as part of the registry established under Subchapter H (relating to registration of sexual offenders).

(2) In consultation with the Department of Corrections, the Office of Attorney General and the chairperson and the minority chairperson of the Judiciary Committee of the Senate and the chairperson and the minority chairperson of the Judiciary Committee of the House of Representatives, promulgate guidelines necessary for the general administration of this subchapter. These guidelines shall establish procedures to allow an individual subject to the requirements of sections 9799.55 (relating to registration) and 9799.60 (relating to verification of residence) to fulfill these requirements at approved registration sites

throughout this Commonwealth. This paragraph includes the duty to establish procedures to allow an individual who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53 (relating to definitions) to fulfill the requirements regarding registration at approved registration sites throughout this Commonwealth. The Pennsylvania State Police shall publish a list of approved registration sites in the Pennsylvania Bulletin and provide a list of approved registration sites in any notices sent to individuals required to register under section 9799.55. An approved registration site shall be capable of submitting fingerprints, photographs and other information required electronically to the Pennsylvania State Police. The Pennsylvania State Police shall require that approved registration sites submit fingerprints utilizing the Integrated Automated Fingerprint Identification System or in another manner and in the form as the Pennsylvania State Police shall require. The Pennsylvania State Police shall require that approved registration sites submit photographs utilizing the Commonwealth Photo Imaging Network or in another manner and in the form as the Pennsylvania State Police shall require. Approved registration sites shall not be limited to sites managed by the Pennsylvania State Police and shall include sites managed by local law enforcement agencies that meet the criteria for approved registration sites specified in this paragraph.

(3) Write regulations regarding neighbor notification of the current residence of sexually violent predators.

(4) Notify, within five business days of receiving the offender's or the sexually violent predator's registration, the chief law enforcement officers of the police departments having primary jurisdiction of the municipalities in which an offender or sexually violent predator has a residence, is employed or enrolled as a student of the fact that the offender or sexually violent predator has been registered with the Pennsylvania State Police under sections 9799.56 (relating to registration procedures and applicability) and 9799.60.

(5) In consultation with the Department of Education and the Department of Corrections, promulgate guidelines directing licensed day-care centers, licensed preschool programs, schools, universities and colleges, including community colleges, on the proper use and administration of information received under section 9799.62 (relating to other notification).

(6) Immediately transfer the information received from the Department of Corrections under section 9799.68(2) and

(3) (relating to duties of Department of Corrections) and the fingerprints of a sexually violent predator to the Federal Bureau of Investigation.

(7) Notify individuals of the requirements under this subchapter, as specified in section 9799.54 (relating to applicability). (June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended pars. (2), (5) and (6). 2018 Amendment. Act 29 reenacted section 9799.67. Cross References. Section 9799.67 is referred to in section 9799.53 of this title.
42 Pa.C.S. § 9541 — PA Code / Title 42 / Chapter 95 / Section 9541
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Post Conviction Relief Act. (Apr. 13, 1988, P.L.336, No.47, eff. imd.)
42 Pa.C.S. § 7303 — PA Code / Title 42 / Chapter 73 / Section 7303
Validity of agreement to arbitrate.
Status: in_force

A written agreement to subject any existing controversy to arbitration or a provision in a written agreement to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity relating to the validity, enforceability or revocation of any contract. Cross References. Section 7303 is referred to in sections 7304, 7318 of this title.
42 Pa.C.S. § 324 — PA Code / Title 42 / Chapter 3 / Section 324
Sessions and terms of court.
Status: in_force

Except as otherwise prescribed by general rule or rule of court each court shall be in session as often as its judges shall deem necessary or proper and there shall be no terms of court. Each court shall always be open for the transaction of judicial business and the court or any judge shall have the same power in vacation to issue injunctions, grant stays and enter other orders as they have while the court is in session. The continued existence or expiration of a session of a court in no way affects the power of a court to do any act or take any proceeding.
42 Pa.C.S. § 1725.4 — PA Code / Title 42 / Chapter 17 / Section 1725.4
Fee increases and automation fee.
Status: in_force

(a) Increasing existing fees.--

(1) In counties of the second class A and the third through eighth class, including home rule counties of the same class, the clerk of courts may increase any fee or charge that exists as of the effective date of this section with the approval of the president judge. The amount of any increase may not be greater than the aggregate of the consumer price index from the month in which the fee was last established through June 1998.

(2) The amount of any fee or charge increased pursuant to paragraph (1) may be increased every three years, provided that the amount of the increase may not be greater than the percentage of increase in the Consumer Price Index for Urban Workers for the immediate three years preceding the last increase in the fee or charge.

(b) Automation fee for clerk of courts office.--In addition to any other fee authorized by law, an automation fee of not more than $5 may be charged and collected by the clerk of courts of counties of the second class A and the third through eighth class, including home rule counties of the same class, for the initiation of any action or legal proceeding. The automation fee shall be deposited into a special clerk of courts automation fund established in each county. Moneys in the special fund shall be used solely for the purpose of automation and continued automation update of the office of the clerk of courts. (June 22, 2000, P.L.333, No.36, eff. 60 days) 2000 Amendment. Act 36 added section 1725.4.
42 Pa.C.S. § 5913 — PA Code / Title 42 / Chapter 59 / Section 5913
Spouses as witnesses against each other.
Status: in_force

Except as otherwise provided in this subchapter, in a criminal proceeding a person shall have the privilege, which he or she may waive, not to testify against his or her then lawful spouse except that there shall be no such privilege:

(1) in proceedings for desertion and maintenance;

(2) in any criminal proceeding against either for bodily injury or violence attempted, done or threatened upon the other, or upon the minor children of said husband and wife, or the minor children of either of them, or any minor child

in their care or custody, or in the care or custody of either of them;

(3) applicable to proof of the fact of marriage, in support of a criminal charge of bigamy alleged to have been committed by or with the other; or

(4) in any criminal proceeding in which one of the charges pending against the defendant includes murder, involuntary deviate sexual intercourse or rape. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 29, 1989, P.L.69, No.16, eff. imd.) 1989 Amendment. Section 2 of Act 16 provided that Act 16 shall apply to all criminal cases pending on the effective date of Act 16.
42 Pa.C.S. § 8541 — PA Code / Title 42 / Chapter 85 / Section 8541
Governmental immunity generally.
Status: in_force

Except as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person. Cross References. Section 8541 is referred to in section 8542 of this title; section 9158.5 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 4101 — PA Code / Title 42 / Chapter 41 / Section 4101
Coordination of activities.
Status: in_force

The several courts and magisterial district judges, all other system and related personnel, executive agencies and political

subdivisions shall devise a practical and working basis for cooperation and coordination of activities, facilitating the performance of their respective duties and eliminating duplicating and overlapping of functions, and shall, so far as practical, cooperate with each other in the use of employees, land, buildings, quarters, facilities, services and equipment. Any agency or unit of the unified judicial system may empower or require an employee of any other government unit, subject to the consent of such other government unit, to perform any duty which might be required by such agency or unit of the system of its own employees, and any other government unit may empower or require an employee of any agency or unit of the system, subject to the consent of such agency or unit of the system, to perform any duty which might be required by such other government unit of its own employees. (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. § 8934 — PA Code / Title 42 / Chapter 89 / Section 8934
Sealing of affidavits.
Status: in_force

Upon a sufficient showing by the attorney for the Commonwealth at an ex parte hearing before a common pleas court judge, the court shall order the district attorney to seal the affidavit or affidavits setting forth probable cause for the issuance of a search warrant until the date of common pleas court arraignment, unless the period is extended by the court for good cause shown. If the case is to be tried in the Philadelphia Municipal Court, the affidavit or affidavits shall be sealed until the time of discovery, unless the period is extended for good cause shown. (Nov. 21, 1990, P.L.558, No.138, eff. 60 days) 1990 Amendment. Act 138 added section 8934. Suspension by Court Rule. Section 8934 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(1), amended December 30, 2005, insofar as it is inconsistent with Pennsylvania Rules of Criminal Procedure 205, 206 and 211 relating to contents of search warrant, contents of application for search warrant and sealing search warrant affidavits. Section 8934 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(7), adopted March 1, 2000, insofar as it is inconsistent with Rules 205, 206 and 211 relating to contents of search warrant, contents of application for search warrant and sealing search warrant affidavits.
42 Pa.C.S. § 62A01 — PA Code / Title 42 / Chapter 62 / Section 62A01
Scope of chapter.
Status: in_force

This chapter relates to protection of victims of sexual violence or intimidation.
42 Pa.C.S. § 5964 — PA Code / Title 42 / Chapter 59 / Section 5964
Witness from another state summoned to testify in this Commonwealth.
Status: in_force

(a) General rule.--If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this Commonwealth is a material witness in a prosecution pending in a court of record in this Commonwealth or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this Commonwealth to assure his attendance in this Commonwealth. This certificate shall be presented to a judge of a court of record in the county or parish in which the witness is found.

(b) Enforcement.--If the witness is summoned to attend and testify in this Commonwealth he shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution or investigation is pending and $5 for each day that he is required to travel and attend as a witness, or the mileage and witness fees and expenses to which witnesses in the courts of this Commonwealth are entitled, whichever is greater. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this Commonwealth a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court. The court may admit the witness to bail by bond with or without surety and in such sum as it deems proper, conditioned for his appearance before it at a time specified in such bond. If such witness after coming into this Commonwealth fails without good cause to attend and testify as directed in the summons he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this Commonwealth.
42 Pa.C.S. § 8342 — PA Code / Title 42 / Chapter 83 / Section 8342
Justification a defense.
Status: in_force

In all civil actions for libel, the plea of justification shall be accepted as an adequate and complete defense, when it is pleaded, and proved to the satisfaction of the jury, under the direction of the court as in other cases, that the publication is substantially true and is proper for public information or investigation, and has not been maliciously or negligently made.
42 Pa.C.S. § 20 — PA Code / Title 42 / Chapter 20 / Section 20
Applicability.
Status: in_force

This act applies as follows: * * *

(2) The addition of 18 Pa.C.S. § 4915.2 and 42 Pa.C.S. Ch. 97 Subch. I shall apply to:

(i) An individual who committed an offense set forth in 42 Pa.C.S. § 9799.55 on or after April 22, 1996, but before December 20, 2012, and whose period of registration as set forth in 42 Pa.C.S. § 9799.55 has not expired.

(ii) An individual required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth as set forth in 42 Pa.C.S. § 9799.55(a)(1)(i), (b)(2) and (4).

(iii) An individual who, before or after the effective date of this paragraph:

(A) commits an offense subject to 42 Pa.C.S. Subch. H; but

(B) because of a judicial determination on or after the effective date of this section of the invalidity of 42 Pa.C.S. Subch. H, is not subject to registration as a sexual offender. Explanatory Note. Act 10 amended or added sections 3130, 3141, 4915.1 and 4915.2 of Title 18, sections 2511, 6303, 6338.1 and 6707 of Title 23, and sections 9718.1, 9718.5, 9799.10, 9799.11, 9799.12, 9799.13, 9799.14, 9799.15, 9799.16, 9799.19, 9799.23, 9799.25, 9799.26, 9799.31, 9799.32, 9799.34, 9799.36, 9799.38, 9799.39, 9799.42 and Subchapter I of Chapter 97 of Title 42.

2018, JUNE 12, P.L.140, NO.29
42 Pa.C.S. § 6605 — PA Code / Title 42 / Chapter 66 / Section 6605
Types of prospective relief.
Status: in_force

(a) Preliminary injunctive relief.--In prison conditions litigation, the court may, to the extent authorized by law, enter a temporary restraining order or preliminary injunction. A preliminary injunction shall automatically expire 90 days after its entry unless the court makes the findings required under section 6604 (relating to prospective relief) for the entry of prospective relief and makes the order final before the expiration of the 90-day period.

(b) Prisoner release orders.--The court shall enter a prisoner release order only if it finds by clear and convincing evidence that crowding is the primary cause of the violation. The government party with jurisdiction over the prison subject to the prisoner release order or the prosecution or custody of persons who may be released from prison as a result of a prisoner release order shall have standing to intervene in any related proceeding and to oppose the imposition or continuation of the order and to seek termination of the order. No prisoner release order shall be entered unless:

(1) a court previously entered an order for less intrusive relief which has failed to remedy the violation sought to be remedied. Such order may include a prisoner release order;

(2) the defendant has had a reasonable amount of time to comply with the previous court order; and

(3) no other relief will remedy the violation.
42 Pa.C.S. § 9720 — PA Code / Title 42 / Chapter 97 / Section 9720
Sentencing for criminal mischief.
Status: in_force

(a) Sentencing.--A person convicted of an offense under 18 Pa.C.S. §§ 3304(a)(4) (relating to criminal mischief) and 3307(a.1) (relating to institutional vandalism), and who in the opinion of the sentencing court would benefit, shall be sentenced to a term of supervised community service, including repairing or restoring damaged property, in accordance with the following:

(1) If the damage to the property is less than $200, the term of community service shall not be less than 50 days nor more than 74 days.

(2) If the damage to the property is at least $200 but less than $1,000, the term of community service shall not be less than 75 days nor more than 99 days.

(3) If the damage to the property is $1,000 or more, the term of community service shall not be less than 100 days nor more than 200 days.

(b) Satisfactory completion of community service program.-- Satisfactory completion of the community service program under subsection (a) shall result in a dismissal of charges and expungement of the record of the person sentenced under subsection (a). The court shall follow procedures similar to those established for the Accelerated Rehabilitative Disposition Program. (Apr. 21, 1994, P.L.131, No.17, eff. 60 days) 1994 Amendment. Act 17 added section 9720. See the preamble to Act 17 of 1994 in the appendix to this title for special provisions relating to legislative findings and declarations.
42 Pa.C.S. § 7321.26 — PA Code / Title 42 / Chapter 73 / Section 7321.26
Judgment on award; attorney fees and litigation expenses.
Status: in_force

(a) Judgment.--Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be recorded, docketed and enforced as any other judgment in a civil action.

(b) Court costs.--A court may allow reasonable costs of the motion and subsequent judicial proceedings.

(c) Attorney fees and costs.--On application of a prevailing party to a contested judicial proceeding under section 7321.23 (relating to confirmation of award), 7321.24 (relating to vacating award) or 7321.25 (relating to modification or correction of award), the court may add reasonable attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award if attorney fees and other expenses are authorized by law to be added to an award in a civil action involving the same claim as the arbitration award. Cross References. Section 7321.26 is referred to in section 7321.5 of this title.
42 Pa.C.S. § 9733 — PA Code / Title 42 / Chapter 97 / Section 9733
General principles of disclosure of presentence report.
Status: in_force

The presentence report shall not be a public record. It shall be available only to the following persons or agencies under the conditions stated:

(1) The report shall be available to the court for the purpose of assisting it in determining the sentence.

(2) The report shall be available on court order to persons or agencies having a legitimate professional interest in the information likely to be contained in the report, as, for example:

(i) A physician or psychiatrist appointed to assist the court in sentencing.

(ii) An examining facility.

(iii) A correctional institution except that no court order is necessary under section 9759(c) (relating to documents transmitted to prison and parole authorities).

(iv) A department of probation or parole except that no court order is necessary under section 9759(c).

(3) The report shall be available to reviewing courts when relevant to an issue on which a request for review or an appeal has been taken. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) 1980 Amendment. Act 142 amended par. (2)(iii) and (iv). Suspension by Court Rule. Section 9733 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 Pa.C.S. § 9798.3 — PA Code / Title 42 / Chapter 97 / Section 9798.3
Global positioning system technology (Expired).
Status: reserved

2012 Expiration. Section 9798.3 expired December 20, 2012. See Act 111 of 2011.
42 Pa.C.S. § 9550 — PA Code / Title 42 / Chapter 95 / Section 9550
Order of court and final disposition of petition (Repealed).
Status: repealed

1988 Repeal. Section 9550 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9550 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. § 2142 — PA Code / Title 42 / Chapter 21 / Section 2142
Composition of boards.
Status: in_force

(a) General rule.--The court of common pleas of the judicial district embracing the county shall appoint to the board of viewers of the county such a number of persons as shall be necessary for the proper performance of the duties imposed upon the board. At least one-third of the members of the board of viewers shall be members of the bar of this Commonwealth and each member shall be a resident of the county unless the court

is unable to complete the membership of the board from residents of the county, in which event the court may appoint residents of adjacent counties. In the City and County of Philadelphia the board of viewers may be appointed from among the Board of Revision of Taxes. Additional qualifications for membership on boards of viewers may be established by general rule or rule of court.

(b) Terms of office.--The members of boards of viewers shall serve for a term of not less than three nor more than six years, as stated in the appointment, whether such appointment is for an original or partly expired term. All appointments shall be subject to the power of the court of common pleas to remove members of the board without cause and to appoint successors.

(c) Vacancy.--In case of a vacancy in viewers appointed in any specific matter before final action has been taken by them, the court may fill the vacancy by appointing another member of the board of viewers. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a) and added subsec.

(c). Appointments and Removals. Section 16 of Act 142 of 1976 provided that appointments and removals of persons as members of the county board of viewers pursuant to section 2142 shall be made by a majority of the judges of the court of common pleas of the appropriate judicial district.
42 Pa.C.S. § 6409 — PA Code / Title 42 / Chapter 64 / Section 6409
Immunity for good faith conduct.
Status: in_force

The following entities shall be immune from liability for good faith conduct under this subchapter:

(1) Members of the board and its agents and employees.

(2) The department and its agents and employees.

(3) County probation departments and their agents and employees.

(4) Providers of involuntary outpatient treatment and their agents and employees. (Dec. 20, 2011, P.L.446, No.111, eff. one year)
42 Pa.C.S. § 8332.8 — PA Code / Title 42 / Chapter 83 / Section 8332.8
Immunity of county probation officers.
Status: in_force

(a) Assistance of law enforcement personnel.--In addition to the provisions of section 1 of the act of August 6, 1963 (P.L.521, No.277), entitled "An act providing that probation officers shall have the power of peace officers in the performance of their duties," or any other law, any probation officer appointed by any court of record of this Commonwealth who, after obtaining permission in advance from a person authorized by the appointing court, assists Federal, State or local law enforcement officers or agents, State parole agents or county probation officers in the lawful performance of their duties shall be considered to be acting within the scope of his official duty for all purposes of law and shall enjoy any benefit or immunity conferred upon an employee of that county.

(b) Assistance of criminal victims.--In addition to any other immunity provided by law, any probation officer appointed

by any court of record of this Commonwealth who is entitled to immunity under section 8331.3 (relating to criminal victim aid good Samaritan civil immunity) as a result of providing assistance to a victim of a crime shall be considered to be acting within the scope of his official duty while providing assistance to the victim for all purposes of law and shall enjoy any benefit or immunity conferred upon an employee of that county. (Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Dec. 30, 2003, P.L.432, No.61, eff. 60 days) References in Text. Section 1 of the act of August 6, 1963, P.L.521, No.277, referred to in subsec. (a), was repealed by the act of August 11, 2009, P.L.147, No.33. The subject matter is now contained in Part IV of Title 61 (Prisons and Parole).
42 Pa.C.S. § 6202 — PA Code / Title 42 / Chapter 62 / Section 6202
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:

"Boundaries of the United States." (Deleted by amendment).

"Law." Includes a statute, judicial decision or order, rule of court, executive order and administrative rule, regulation or order.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Sign." With present intent to authenticate or adopt a record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record an electronic symbol, sound or process.

"State." (Deleted by amendment).

"Sworn declaration." A declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate and affidavit.

"Unsworn declaration." A declaration in a signed record not given under oath but given under penalty of perjury. (Apr. 20, 2020, P.L.82, No.15, eff. imd.)
42 Pa.C.S. § 2154.4 — PA Code / Title 42 / Chapter 21 / Section 2154.4
Adoption of guidelines for resentencing.
Status: in_force

The commission shall adopt guidelines that shall be considered by the court when resentencing an offender following revocation of probation, county intermediate punishment or State intermediate punishment. The guidelines shall take into account:

(1) Factors considered in adopting the sentencing guidelines.

(2) The seriousness of the violation.

(3) The rehabilitative needs of the defendant. (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days) Cross References. Section 2154.4 is referred to in section 9721 of this title.
42 Pa.C.S. § 11 — PA Code / Title 42 / Chapter 11 / Section 11
Terms of initial members of Judicial Conduct Board.
Status: in_force

Of the members initially appointed to the Judicial Conduct Board, the judge appointed by the Supreme Court shall serve a four-year term and the judge appointed by the Governor shall serve a three-year term. The district justice initially appointed shall serve a two-year term. Of the three nonjudge members of the bar of this Commonwealth initially appointed, the first appointed by the Governor shall serve a three-year term, the next appointed by the Governor shall serve a two-year

term and the nonjudge member of the bar of this Commonwealth appointed by the Supreme Court shall serve a one-year term. Of the six nonlawyer electors initially appointed, the first appointed by the Governor and the first appointed by the Supreme Court shall serve a four-year term, the next appointed by the Governor and the next appointed by the Supreme Court shall serve a three-year term and the next appointed by the Governor and the next appointed by the Supreme Court shall serve a two-year term. All such appointments shall compute from the effective date of this act. The Governor shall convene the board for its first meeting. References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge. § 12. Terms of initial members of Court of Judicial Discipline. Of the three judges initially appointed to the Court of Judicial Discipline, the first appointed by the Supreme Court shall serve a four-year term, the next appointed by the Supreme Court shall serve a three-year term and the judge appointed by the Governor shall serve a two-year term. The district justice initially appointed shall serve a one-year term. Of the nonjudge members of the bar of this Commonwealth initially appointed, the first appointed shall serve a four-year term and the next appointed shall serve a three-year term. Of the two nonlawyer electors initially appointed, the nonlawyer elector appointed by the Governor shall serve a three-year term and the nonlawyer elector appointed by the Supreme Court shall serve a two-year term. All such appointments shall compute from the effective date of this act. References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge. 1994, APRIL 21, P.L.131, NO.17 Preamble The General Assembly finds and declares as follows:

(1) For the health, safety and welfare of the residents of this Commonwealth, the laws designed to deter the defacement of public and private property through the use of aerosol spray-paint cans, broad-tipped indelible markers and other marking devices should be strengthened.

(2) Where appropriate, the court should require those who commit acts of defacement to restore the damaged property to its original condition. Explanatory Note. Act 17 amended section 3304 of Title 18 and added section 9720 of Title 42. 1995, JUNE 13, 1st SP.SESS., P.L.1024, NO.17 Preamble The General Assembly hereby declares that the purpose of this act is to provide support to law enforcement in the area of crime prevention and control, that it is not the purpose of

this act to place any undue or unnecessary restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, transfer, transportation or use of firearms, rifles or shotguns for personal protection, hunting, target shooting, employment or any other lawful activity, and that this act is not intended to discourage or restrict the private ownership and use of firearms by law-abiding citizens for lawful purposes or to provide for the imposition by rules or regulations of any procedures or requirements other than those necessary to implement and effectuate the provisions of this act. The General Assembly hereby recognizes and declares its support of the fundamental constitutional right of Commonwealth citizens to bear arms in defense of themselves and this Commonwealth. Explanatory Note. Act 17 amended, added, reenacted or repealed sections 913, 6101, 6102, 6103, 6104, 6105, 6106.1, 6107, 6109, 6110, 6110.1, 6111, 6111.1, 6111.2, 6111.3, 6111.4, 6111.5, 6112, 6113, 6114, 6115, 6116, 6117, 6118 and 6125 of Title 18 and sections 6308 and 9712 of Title 42. 1995, OCTOBER 11, 1st SP.SESS., P.L.1058, NO.21 § 5. Projected increases in State prison population. Within 180 days of the effective date of this act, the Pennsylvania Commission on Sentencing shall, for the purpose of advising the General Assembly concerning future prison construction expenditures, publish projected increases in the State prison population resulting from implementation of this act. Explanatory Note. Act 21 amended section 1103 of Title 18 and sections 6335, 9712, 9713 and 9714 of Title 42. 1995, NOVEMBER 17, 1st SP.SESS., P.L.1118, NO.32 § 3. Applicability. This act shall apply as follows:

(1) The amendment of 42 Pa.C.S. §§ 9542, 9543, 9544, 9545 and 9546 shall apply to petitions filed after the effective date of this act; however, a petitioner whose judgment has become final on or before the effective date of this act shall be deemed to have filed a timely petition under 42 Pa.C.S. Ch. 95 Subch. B if the petitioner's first petition is filed within one year of the effective date of this act.

(2) The addition of 42 Pa.C.S. Ch. 95 Subch. D shall apply in all cases in which the death penalty is imposed on or after January 1, 1996. Explanatory Note. Act 32 amended or added sections 9542, 9543, 9544, 9545 and 9546 and Subchapter D of Chapter 95 of Title 42. 1997, FEBRUARY 14, P.L.3, NO.2 § 2. Election of additional judges.

(a) Applicability of section 3135.--The provisions of 42 Pa.C.S. § 3135 shall not be applicable to the selection of

judges for the judgeships created in the amendment of 42 Pa.C.S. § 911(a).

(b) Judgeships created January 5, 1998.--Except as provided in subsections (c) and (d), the new judgeships added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 5, 1998, and shall be initially filled by election at the 1997 municipal election.

(c) Judgeships created January 3, 2000.--The new judgeships for the eleventh, twelfth, twenty-third, forty-third, fiftieth and fifty-seventh districts added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 3, 2000, and shall be initially filled by election at the 1999 municipal election.

(d) Judgeships in second and fifteenth districts.--The new judgeships for the second and fifteenth districts added by the amendment of 42 Pa.C.S. § 911(a) shall be created as follows: one judgeship in each district shall be created on January 5, 1998, and shall be initially filled by election at the 1997 municipal election, and one judgeship in each district shall be created on January 3, 2000, and shall be initially filled by election at the 1999 municipal election. Explanatory Note. Act 2 amended sections 911, 1121 and 1321 of Title 42. 1999, JUNE 22, P.L.75, NO.12 Preamble Pursuant to the Judiciary Article of the Constitution of Pennsylvania and its establishment of the Unified Judicial System and consistent with the authority of the General Assembly regarding expenditure of Commonwealth funds pursuant to Article III, section 24, and while otherwise expressly reserving its appropriation and other legislative authority as to the funding of the Unified Judicial System, it is the intent of the General Assembly to facilitate the administration of the Unified Judicial System by providing for inclusion of key designated county-level court administrators and their designated deputies, associates and assistant administrators and special courts administrators within the State judicial personnel system and for their compensation by the Commonwealth. Explanatory Note. Act 12 added section 1905, the heading of Subchapter A and Subchapters B through I (Reserved) and J of Chapter 23 of Title 42 and amended or added sections 5102, 5301, 5302, 5303, 5303.1, 5304, 5306, 5308, 5309, 5504, 5505, 5507, 5705, 5903, 5905, 5905.1, 5906, 5907, 5934 and 5953.5 of Title 71 (State Government).
42 Pa.C.S. § 9755 — PA Code / Title 42 / Chapter 97 / Section 9755
Sentence of partial confinement.
Status: in_force

(a) General rule.--In imposing a sentence involving partial confinement the court shall specify at the time of sentencing the length of the term during which the defendant is to be partially confined, which term may not exceed the maximum term for which he could be totally confined, and whether the confinement shall commence in a correctional or other appropriate institution.

(b) Minimum sentence.--The court shall impose a minimum sentence of partial confinement which shall not exceed one-half of the maximum sentence imposed.

(c) Purposes for partial release.--The court may in its order grant the defendant the privilege of leaving the institution during necessary and reasonable hours for any of the following purposes:

(1) To work at his employment.

(2) To seek employment.

(3) To conduct his own business or to engage in other self-employment, including housekeeping and attending to the needs of the family.

(4) To attend an educational institution or participate in a course of vocational training.

(5) To obtain medical treatment.

(6) To devote time to any other purpose approved by the court.

(d) Conditions to release.--The court may in addition include in its order such of the conditions as are enumerated in section 9763 (relating to conditions of probation) as may be reasonably related to the sentence.

(e) Duties of correctional authorities.--The correctional authorities shall be responsible for arranging a plan consistent with the order issued under this section whereby the objectives of partial confinement may be achieved and they shall determine when and under what conditions consistent with the order issued under this section the defendant shall be permitted to be absent from the correctional institution.

(f) Disposition of earnings of defendant.--If the defendant is employed for wages or salary, the superintendent or another administrative official of the institution shall collect the

same, or shall require the defendant to turn over his wages or salary in full when received, and shall deposit the same in a trust account and shall keep a ledger showing the state of the account. When an employer transmits such earnings to the superintendent or other official, the employer shall have no liability to the defendant for such earnings. From such earnings there shall be deducted without priority the following:

(1) The board and personal expenses of the defendant both inside and outside the institution.

(2) Installment on fines, if any.

(3) To the extent directed by the court, support of the dependents of the defendant. If sufficient funds after such deductions are available, the superintendent or other official may with the consent of the defendant pay in whole or in part any of the debts of the defendant. Any balance shall be retained and paid to the defendant upon his discharge.

(g) Prisoner release plans.--This section shall not be interpreted as limiting the authority of the court as set forth in section 9755.1 (relating to temporary release from county correctional institution).

(h) Sentence of partial confinement combined with probation.--The court may impose a sentence of partial confinement without parole under this subsection only when:

(1) the period of partial confinement is followed immediately by restrictive conditions of probation imposed pursuant to section 9763 in which case the sentence of partial confinement shall specify the number of days of partial confinement to be served; and

(2) the maximum sentence of partial confinement imposed on one or more indictments to run consecutively or concurrently total 90 days or less. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 22, 2000, P.L.345, No.41, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 amended subsecs. (d) and (h). 2012 Amendment. Act 122 amended subsec. (g).
42 Pa.C.S. § 1703 — PA Code / Title 42 / Chapter 17 / Section 1703
Meeting procedures.
Status: in_force

The Supreme Court and all other agencies and units of the unified judicial system when exercising the powers to recommend or adopt general rules or other orders in the nature of regulations shall be an agency within the meaning of the act of July 19, 1974 (P.L.486, No.175), referred to as the Public Agency Open Meeting Law. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 added section 1703. Constitutionality. Section 1703 was declared unconstitutional on November 14, 1978, by the Supreme Court of Pennsylvania in a letter to the Governor and the General Assembly. See In re 42 Pa.C.S. § 1703, 482 Pa. 522, 394 A.2d 444. References in Text. The act of July 19, 1974, P.L.486, No.175, referred to as the Public Agency Open Meeting Law, referred to in this section, was repealed by the act of July 3, 1986, P.L.388, No.84, known as the Sunshine Act. The Sunshine Act was repealed by the act of October 15, 1998, P.L.729, No.93. The subject matter is now contained in Chapter 7 of Title 65 (relating to open meetings).
42 Pa.C.S. § 8389 — PA Code / Title 42 / Chapter 83 / Section 8389
Judgment and remedies.
Status: in_force

(a) Burden of proof.--The plaintiff must establish that a drug-related nuisance exists by a preponderance of the evidence.

(b) Relief.--If the existence of a drug-related nuisance is found, the judgment may include actual damages and a temporary or permanent injunction to restrain, abate and prevent the continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief, mandatory orders or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the same, and the court may retain jurisdiction of the case for the purpose of enforcing its orders.

(c) Additional remedies.--If the existence of a drug-related nuisance is found, the court shall have the power additionally to fashion any one or more of the following remedies:

(1) Assess costs of the action against the defendant.

(2) When a governmental agency is a plaintiff in the action, assess a civil penalty against the defendant of not less than $500 nor more than $10,000.

(3) Order the owner to clean up the property and make repairs upon the property.

(4) Suspend or revoke any business, professional, operational or liquor license.

(5) Order the owner to make additional reasonable expenditures upon the property, including, but not limited to, installing secure locks on doors, increasing lighting in common areas and using videotaped surveillance of the property and adjacent alleyways, sidewalks and parking lots.

(6) Order all rental income from the property to be placed in an escrow account with the court for up to 90 days or until the drug-related nuisance is abated.

(7) Order all rental income for the property transferred to a trustee, to be appointed by the court, who shall be empowered to use the rental income to make reasonable expenditures upon the property in order to abate the drug-related nuisance.

(8) Order the suspension of any State, city or local governmental subsidies payable to the owners of the property, such as tenant assistance payments to landlords, until the nuisance is abated.

(9) Allow the plaintiff to seal the property with the cost of sealing payable by the defendant.

(10) Order the defendant to pay the plaintiff the cost of the suit, including reasonable attorney fees.

(d) Factors to consider.--In making an order under subsection (c), the court shall consider, among others, the following factors:

(1) The number of people residing at the property.

(2) The proximity of the property to other residential structures.

(3) The number of times the property has been cited for housing code or health code violations.

(4) The number of times the owner has been notified of drug-related problems at the property.

(5) The extent and duration of the drug-related nuisance at the time of the order.

(6) Prior efforts or lack of effort by the defendant to abate the drug-related nuisance.

(7) The availability of alternative housing for tenants of the building.

(8) The extent of concern about the drug-related nuisance that has been expressed by nearby residents or visitors to the area.

(9) The owner's involvement in the drug-related nuisance.

(10) The owner's involvement in other drug-related nuisances. Cross References. Section 8389 is referred to in section 8386 of this title.
42 Pa.C.S. § 4553 — PA Code / Title 42 / Chapter 45 / Section 4553
Expenses of investigating grand juries and trials resulting therefrom.
Status: in_force

(a) County.--The expenses of a county investigating grand jury shall be borne by the county in which it is impaneled.

(b) Multicounty.--The expenses of any multicounty investigating grand jury shall be borne by the Commonwealth.

(1) Multicounty investigating grand jurors shall be compensated at the rate of $40 for each day that they report

for service. Jurors shall be paid a travel allowance at the rate that an employee of the Office of Attorney General on official business would be reimbursed. Jurors shall receive payment of per diem meal expenses in the amounts of $6 for breakfast, $10 for lunch and $25 for dinner for any day or portion thereof that the person is serving as a juror. Only those persons who are required, because of the distance from their residence, to obtain overnight accommodations at the site of the multicounty investigating grand jury shall receive payment of a per diem for breakfast and dinner.

(2) The costs and expenses resulting from any trial of a person against whom a presentment has been issued by a multicounty investigating grand jury shall be borne by the Commonwealth. Costs and expenses under this subsection include, but are not limited to, all reasonable costs incurred by the county for the services of the courts, the trial jury, the sheriff, the clerk of courts, the county prison, the district attorney and any public defender appointed by the court, and related costs and expenses incurred by the county in the course of the trial.

(3) Counties shall be reimbursed from the General Fund of the Commonwealth upon application to the State Treasurer through the Office of Attorney General pursuant to procedures prescribed by that office. (Dec. 19, 1984, P.L.1089, No.218, eff. imd.; Dec. 19, 1984, P.L.1189, No.225, eff. imd.; Oct. 17, 2002, P.L.880, No.127, eff. imd.) 2002 Amendment. Act 127 amended subsec. (b). 1984 Amendments. Acts 218 and 225 amended the entire section, retroactive to March 29, 1983. Act 225 overlooked the amendment by Act 218, but the amendments do not conflict in substance and have both been given effect in setting forth the text of the section. Cross References. Section 4553 is referred to in section 4561 of this title.
42 Pa.C.S. § 6337.1 — PA Code / Title 42 / Chapter 63 / Section 6337.1
Right to counsel for children in dependency and delinquency proceedings.
Status: in_force

(a) Children in dependency proceedings.--Legal counsel shall be provided for a child who is alleged or has been found to be a dependent child in accordance with the Pennsylvania Rules of Juvenile Court Procedure.

(b) Children in delinquency proceedings.--

(1) In delinquency cases, all children shall be presumed indigent. If a child appears at any hearing without counsel, the court shall appoint counsel for the child prior to the commencement of the hearing. The presumption that a child is indigent may be rebutted if the court ascertains that the child has the financial resources to retain counsel of his choice at his own expense. The court may not consider the financial resources of the child's parent, guardian or custodian when ascertaining whether the child has the financial resources to retain counsel of his choice at his own expense.

(2) Although a child alleged to be delinquent may appear with counsel at the intake conference conducted by a juvenile

probation officer following the submission of a written allegation, counsel shall not be mandatory at the proceeding.

(3) Notwithstanding paragraph (1), a child who is 14 years of age or older may waive the right to counsel if the court has determined that the waiver is knowingly, intelligently and voluntarily made after having conducted a colloquy with the child on the record, in accordance with the Pennsylvania Rules of Juvenile Court Procedure, and the hearing for which waiver is sought is not one of the following:

(i) An informal detention or shelter hearing under section 6332 (relating to informal hearing).

(ii) A hearing to consider transfer to criminal proceedings under section 6355 (relating to transfer to criminal proceedings).

(iii) A hearing to consider evidence on the petition or accept an admission to an alleged delinquent act under section 6341 (relating to adjudication).

(iv) A hearing to consider evidence as to whether the child is in need of treatment, supervision or rehabilitation under section 6341.

(v) A disposition hearing under section 6341 or 6352 (relating to disposition of delinquent child).

(vi) A hearing to modify or revoke probation or other disposition entered under section 6352.

(4) The court may assign stand-by counsel if the child waives counsel at any hearing.

(5) If a child waives counsel for any hearing, the waiver shall only apply to that hearing and the child may revoke the waiver of counsel at any time. At any subsequent hearing, the child shall be informed of the right to counsel. (Apr. 9, 2012, P.L.223, No.23, eff. 60 days) 2012 Amendment. Act 23 added section 6337.1. Cross References. Section 6337.1 is referred to in section 6337 of this title.
42 Pa.C.S. § 2 — PA Code / Title 42 / Chapter 2 / Section 2
Applicability.
Status: in_force

The following apply:

(1) Except as provided in paragraphs (2) and (3), the provisions of 42 Pa.C.S. §§ 3132 and 3135 shall apply to the judgeships added by the amendment of 42 Pa.C.S. § 911(a).

(2) The new judgeships for the Eighth Judicial District, Eleventh Judicial District, Twelfth Judicial District, Thirty-first Judicial District, Forty-fourth Judicial District and Fiftieth Judicial District added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 5, 2026, and shall be initially filled by election at the 2025 municipal election.

(3) The new judgeships for the Thirty-eighth Judicial District added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 3, 2028, and shall be initially filled by election at the 2027 municipal election. Explanatory Note. Act 58 amended section 911 of Title 42. 2024, APRIL 15, P.L.24, NO.8
42 Pa.C.S. § 9771 — PA Code / Title 42 / Chapter 97 / Section 9771
Modification or revocation of order of probation.
Status: in_force

(a) General rule.--The court has inherent power to at any time terminate continued supervision, lessen the conditions upon which an order of probation has been imposed or increase

the conditions under which an order of probation has been imposed upon a finding by clear and convincing evidence that a person presents an identifiable threat to public safety.

(b) Revocation.--The court may increase the conditions, impose a brief sanction under section 9771.1 (relating to court-imposed sanctions for violating probation) or revoke an order of probation upon proof of the violation of specified conditions of the probation. Subject to the limitations of subsections (b.1) and (c), upon revocation the sentencing alternatives available to the court shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation. The attorney for the Commonwealth may file notice at any time prior to resentencing of the Commonwealth's intention to proceed under an applicable provision of law requiring a mandatory minimum sentence.

(b.1) Nonpayment of fines or costs.--Notwithstanding subsection (b), the court may not extend the period of probation, may not impose a brief sanction under section 9771.1 and may not revoke an order of probation solely due to nonpayment of fines or costs unless the court finds, with respect to the payment of fines, the defendant is financially able to pay the fines and has willfully refused to do so.

(c) Limitation on sentence of total confinement.--There is a presumption against total confinement for technical violations of probation. The following shall apply:

(1) The court may impose a sentence of total confinement upon revocation only if:

(i) the defendant has been convicted of another crime;

(ii) the court finds by clear and convincing evidence that the defendant committed a technical violation that involves an identifiable threat to public safety and the defendant cannot be safely diverted from total confinement through less restrictive means; or

(iii) the court finds by a preponderance of the evidence that the defendant committed a technical violation and any of the following apply:

(A) The technical violation was sexual in nature.

(B) The technical violation involved assaultive behavior or included a credible threat to cause bodily injury to another, including acts committed against a family or household member.

(C) The technical violation involved possession or control of a firearm or dangerous weapon.

(D) The technical violation involved the manufacture, sale, delivery or possession with the intent to manufacture, sell or deliver, a controlled substance or other drug regulated under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(E) The defendant absconded and cannot be safely diverted from total confinement through less restrictive means.

(F) The technical violation involved an intentional and unexcused failure to adhere to recommended programming or conditions on three or more separate occasions and the defendant cannot be safely diverted from total confinement through less restrictive means. For purposes of this clause, multiple technical violations stemming from the same

episode of events shall not constitute separate technical violations.

(2) If a court imposes a sentence of total confinement following a revocation, the basis of which is for one or more technical violations under paragraph (1)(ii) or (iii), the court shall consider the employment status of the defendant. The defendant shall be sentenced as follows:

(i) For a first technical violation, a maximum period of 14 days.

(ii) For a second technical violation, a maximum period of 30 days.

(iii) For a third or subsequent technical violation, the court may impose any sentencing alternatives available at the time of initial sentencing.

(iv) The time limitations contained in this paragraph shall not apply to the extent that a reasonable term of additional total confinement, not to exceed 30 days, is necessary to allow a defendant to either be evaluated for or to participate in:

(A) a court-ordered drug, alcohol or mental health treatment program; or

(B) a treatment court provided for in section 916 (relating to treatment courts).

(3) Nothing in this section shall prevent the adoption of a program under section 9771.1.

(d) Hearing required.--There shall be no revocation or increase of conditions of sentence under this section except after a hearing at which the court shall consider the record of the sentencing proceeding together with evidence of the conduct of the defendant while on probation. Probation may be eliminated or the term decreased without a hearing. (Dec. 18, 2019, P.L.776, No.115, eff. imd.; Dec. 14, 2023, P.L.381, No.44, eff. 180 days; July 21, 2025, P.L.127, No.38, eff. 90 days) 2025 Amendment. Act 38 amended subsec. (c)(2)(iv)(B). 2023 Amendment. Act 44 amended subsecs. (a), (b) and (c) and added subsec. (b.1). 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. Cross References. Section 9771 is referred to in sections 9771.1, 9774.1 of this title.
42 Pa.C.S. § 210 — PA Code / Title 42 / Chapter 2 / Section 210
Codification of Act No. 1978-140.
Status: in_force

* * *

(d) Construction of section.--Notwithstanding 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes), it is hereby declared to be the intent of subsections (a) through (c) to restore such provisions to their status prior to the partial repeal effected by section 5 of the act of July 8, 1978 (P.L.752, No.140), known as the "Public Employee Pension Forfeiture Act," except as otherwise expressly provided by such provisions as reenacted and amended hereby.

(e) Retroactivity.--The provisions of this section shall be retroactive to the effective date of the "Public Employee Pension Forfeiture Act." Explanatory Note. Section 210(a), (b) and (c) reenacted and amended section 8533 of Title 24 (Education), section 8124(b) of Title 42 and section 5953(a) of Title 71 (State Government), respectively.
42 Pa.C.S. § 4301 — PA Code / Title 42 / Chapter 43 / Section 4301
Establishment and maintenance of judicial records.
Status: in_force

(a) General rule.--All system and related personnel shall establish and maintain such records as shall be required by law.

(b) Supervision by Administrative Office.--All system and related personnel engaged in clerical functions shall establish and maintain all dockets, indices and other records and make and file such entries and reports, at such times, in such manner and pursuant to such procedures and standards as may be prescribed by the Administrative Office of Pennsylvania Courts with the approval of the governing authority. All such procedures and standards shall be uniform to the maximum extent practicable so as to facilitate the temporary assignment of personnel of the system, other than county staff, within the unified judicial system. Cross References. Section 4301 is referred to in sections 2705, 4302 of this title.
42 Pa.C.S. § 62A11 — PA Code / Title 42 / Chapter 62 / Section 62A11
Disclosure of addresses.
Status: in_force

(a) General rule.--During the course of a proceeding under this chapter, the court or hearing officer may consider whether the plaintiff or victim, as appropriate, is endangered by disclosure of the permanent or temporary address of the plaintiff or victim. The court shall consider the wishes of the plaintiff regarding the disclosure of the address. Neither in the pleadings nor during proceedings or hearings under this chapter shall the court or hearing officer require disclosure of the address of a rape crisis center or the plaintiff or victim, as appropriate.

(b) Order.--Where the court concludes that the defendant poses a continued risk of harm to the victim and where the plaintiff requests that the address, telephone number and information about the victim's whereabouts not be disclosed, the court shall enter an order directing that law enforcement agencies, human service agencies and school districts shall not disclose the presence of the victim in the jurisdiction or district or furnish any address, telephone number or any other demographic information about the victim except by further order of the court.
42 Pa.C.S. § 4546 — PA Code / Title 42 / Chapter 45 / Section 4546
Term of investigating grand jury.
Status: in_force

(a) General rule.--An investigating grand jury shall not be limited in duration to any term of court. Each such investigating grand jury shall, except as provided in subsections (b) and (c), serve for a term of 18 months, unless an order for discharge shall be entered earlier by the court upon the determination of such investigating grand jury, by majority vote, that its business has been completed.

(b) Extension on initiative of grand jury.--If, at the end of its original term or any extension thereof, any investigating grand jury determines by majority vote that it has not completed its business, it may request the court to extend its term for an additional period of six months, except that no such investigating grand jury term shall exceed 24 months from the time it was originally summoned. The court shall issue an order granting a request for extension unless it determines that such request is clearly without basis. Failure to grant an extension of term under this subsection may be appealed by the attorney for the Commonwealth to the Supreme Court in the manner prescribed by general rule. If an appeal is taken, the grand jury, except as otherwise prescribed by general rule, shall continue to exercise its powers pending the disposition of the appeal.

(c) Discharge by court.--If, at any time within the original term of any investigating grand jury or any extension thereof, the court determines that the investigating grand jury is not conducting proper investigative activity, the court may order that such grand jury be discharged. An order of discharge under this subsection shall not become effective less than ten days after the date on which it is issued and actual notice given to the attorney for the Commonwealth and the foreman of the investigating grand jury, and may be appealed by the attorney for the Commonwealth to the Supreme Court in the manner prescribed by general rule. If an appeal is taken, the grand jury, except as otherwise prescribed by general rule, shall continue to exercise its powers pending the disposition of the appeal.
42 Pa.C.S. § 9799.1 — PA Code / Title 42 / Chapter 97 / Section 9799.1
Duties of Pennsylvania State Police (Expired).
Status: reserved

2012 Expiration. Section 9799.1 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. § 8331.2 — PA Code / Title 42 / Chapter 83 / Section 8331.2
Good Samaritan civil immunity for use of automated external defibrillator.
Status: in_force

(a) General rule.--Any person who in good faith acquires and maintains an AED or uses an AED in an emergency shall not be liable for any civil damages as a result of any acts or omissions by an individual using the AED, except if acts or omissions intentionally designed to harm or any grossly negligent acts or omissions result in harm to the individual receiving the AED treatment.

(b) Requirements.--Any person who acquires and maintains an AED for use in accordance with this section shall:

(1) Ensure that expected AED users receive training pursuant to subsection (c).

(2) Maintain and test the AED according to the manufacturer's operational guidelines.

(3) Provide instruction requiring the user of the AED to utilize available means to immediately contact and activate the emergency medical services system.

(4) Assure that any appropriate data or information is made available to emergency medical services personnel or other health care providers as requested.

(c) Training.--For purposes of this section, expected AED users shall complete training in the use of an AED consistent with American Red Cross, American Heart Association or other national standards as identified and approved by the Department of Health in consultation with the Pennsylvania Emergency Health Services Council.

(d) Obstruction of emergency medical services personnel.--Nothing in this section shall relieve a person who uses an AED from civil damages when that person obstructs or interferes with care and treatment being provided by emergency medical services personnel or a health professional.

(e) Exception.--(Deleted by amendment).

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Automated external defibrillator" or "AED." A portable device that uses electric shock to restore a stable heart rhythm to an individual in cardiac arrest.

"Emergency." A situation where an individual is believed to be in cardiac arrest or is in need of immediate medical attention to prevent death or serious injury.

"Good faith." Includes a reasonable opinion that the immediacy of the situation is such that the use of an AED should not be postponed until emergency medical services personnel arrive or the person is hospitalized. (Dec. 15, 1998, P.L.949, No.126, eff. 60 days; July 5, 2012, P.L.1081, No.125, eff. 60 days) Cross References. Section 8331.2 is referred to in section 5483 of Title 20 (Decedents, Estates and Fiduciaries).
42 Pa.C.S. § 8525 — PA Code / Title 42 / Chapter 85 / Section 8525
Legal assistance.
Status: in_force

When an action is brought under this subchapter against an employee of the Commonwealth government, and it is alleged that the act of the employee which gave rise to the claim was within the scope of the office or duties of the employee, the Commonwealth through the Attorney General shall defend the action, unless the Attorney General determines that the act did not occur within the scope of the office or duties of the employee. In the latter case, if it is subsequently determined that the act occurred within the scope of the office or duties of the employee, the Commonwealth shall reimburse the employee for the expense of his legal defense in such amounts as shall be determined to be reasonable by the court. If an action is brought against a Commonwealth government employee for damages on account of injury to a person or property and it is not alleged that the act of the employee which gave rise to the claim was within the scope of his office or duties, and he successfully defends the action on the basis that the act was within the scope of his office or duties, and he has given prior notice to the Attorney General and the Attorney General has refused to defend the action, he shall likewise be entitled to the reasonable expenses of the defense. Cross References. Section 8525 is referred to in sections 17131, 17133, 17162, 17312, 17342 of Title 16 (Counties);

sections 6006, 6018 of Title 64 (Public Authorities and Quasi-Public Corporations); sections 1711, 1722 of Title 74 (Transportation).
42 Pa.C.S. § 703 — PA Code / Title 42 / Chapter 7 / Section 703
Place and form of filing appeals.
Status: in_force

Appeals, petitions for review, petitions for permission to appeal and petitions for allowance of appeal shall be filed in

such office and in such form as may be prescribed by general rule.
42 Pa.C.S. § 7381 — PA Code / Title 42 / Chapter 73 / Section 7381
Temporary order or award.
Status: in_force

(a) Before selection of arbitrator.--Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order under 23 Pa.C.S. (relating to domestic relations) and the applicable Pennsylvania Rules of Civil Procedure.

(b) After selection of arbitrator.--After an arbitrator is selected:

(1) the arbitrator may make a temporary award under 23 Pa.C.S. and the applicable Pennsylvania Rules of Civil Procedure; and

(2) if the matter is urgent and the arbitrator is not able to act in a timely manner or provide an adequate remedy, on motion of a party, the court may enter a temporary order.

(c) Modification.--On motion of a party, before the court confirms a final award, the court, under section 7386 (relating to confirmation of award), 7388 (relating to correction or confirmation by court of unconfirmed award) or 7389 (relating to vacation, amendment or confirmation by court of unconfirmed award), may confirm, correct, vacate or amend a temporary award made under subsection (b)(1).

(d) Enforcement.--On motion of a party, the court may enforce a subpoena or interim award issued by an arbitrator for the fair and expeditious disposition of the arbitration.
42 Pa.C.S. § 6109 — PA Code / Title 42 / Chapter 61 / Section 6109
Photographic copies of business and public records.
Status: in_force

(a) Short title of section.--This section shall be known and may be cited as the "Uniform Photographic Copies of Business and Public Records as Evidence Act."

(b) General rule.--If any business institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity, has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed, in the regular course of business, unless its preservation is required by law. Any such reproduction in order to comply with this section must accurately reproduce all lines and markings which appear on the original. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding, whether the original is in existence or not, and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the tribunal. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. Cross References. Section 6109 is referred to in sections 1378, 1380, 1516, 1550, 3753 of Title 75 (Vehicles).
42 Pa.C.S. § 4133 — PA Code / Title 42 / Chapter 41 / Section 4133
Commitment or fine for contempt.
Status: in_force

Except as otherwise provided by statute, the punishment of commitment for contempt provided in section 4132 (relating to attachment and summary punishment for contempts) shall extend

only to contempts committed in open court. All other contempts shall be punished by fine only. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Amendment. Act 326 amended and renumbered section 4132 to section 4133 and renumbered former section 4133 to section 4134.