42 Pa.C.S. § 4137 — PA Code / Title 42 / Chapter 41 / Section 4137
Contempt powers of magisterial district judges.
Status: in_force

(a) General rule.--A magisterial district judge shall have the power to issue attachments and impose summary punishments for criminal contempts of a magisterial district judge court 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 magisterial district judge.

(3) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to compensate the victim of the criminal conduct for the damage or injury sustained by the victim.

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

(5) Violation of an order issued pursuant to 23 Pa.C.S. § 6110 (relating to emergency relief by minor judiciary).

(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. Punishment for contempt specified in subsection (a)(5) shall

be in accordance with that specified in 23 Pa.C.S. § 6114(b) (relating to contempt for violation of order or agreement). Punishment for contempt in subsection (a)(4) would be imprisonment for not more than 90 days.

(d) Procedure.--A magisterial district 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 magisterial district 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 magisterial district 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.

(e) Bail.--A magisterial district judge may not impose bail as a condition of release of any person accused of contempt specified in subsection (a)(1), (2) or (3) during the period that punishment is stayed under subsection (d). A magisterial district judge may impose bail as a condition of release of any person who has committed contempt specified in subsection (a)(4) and (5). (June 15, 1994, P.L.273, No.45, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended the section heading and subsecs. (a), (d) and (e). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1994 Amendment. Act 45 added section 4137. Suspension by Court Rule. Section 4137 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. Cross References. Section 4137 is referred to in section 1523 of this title.
42 Pa.C.S. § 726 — PA Code / Title 42 / Chapter 7 / Section 726
Extraordinary jurisdiction.
Status: in_force

Notwithstanding any other provision of law, the Supreme Court may, on its own motion or upon petition of any party, in any matter pending before any court or magisterial district judge of this Commonwealth involving an issue of immediate public importance, assume plenary jurisdiction of such matter at any stage thereof and enter a final order or otherwise cause right and justice to be done. (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. Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 1082, as amended April 25, 1979, provided that section 726 shall not be deemed suspended or affected. Rules 1001 through 1082 relate to appellate proceedings with respect to judgments and other decisions of

district justices in civil matters. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 1082 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.
42 Pa.C.S. § 3701 — PA Code / Title 42 / Chapter 37 / Section 3701
Pennsylvania Judicial Center (Reserved).
Status: reserved

Cross References. Section 3701 is referred to in sections 504, 1724 of this title.
42 Pa.C.S. § 1521 — PA Code / Title 42 / Chapter 15 / Section 1521
Accelerated Rehabilitative Disposition for summary offenders (Repealed).
Status: repealed

1987 Repeal. Section 1521 was repealed July 1, 1987, P.L.180, No.21, effective immediately.
42 Pa.C.S. § 1302 — PA Code / Title 42 / Chapter 13 / Section 1302
Jurisdiction and venue.
Status: in_force

(a) General rule.--Except as set forth in subsection (a.1) or as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each traffic court shall have jurisdiction of all prosecutions for summary offenses arising under:

(1) Title 75 (relating to vehicles).

(2) Any ordinance of any political subdivision enacted pursuant to Title 75.

(a.1) Traffic Court of Philadelphia.--(Expired).

(b) Concurrent and exclusive jurisdiction.--The jurisdiction of a traffic court under this section shall be exclusive of the courts of common pleas and magisterial district judges, except that such jurisdiction shall be concurrent with the magisterial district judges whenever the traffic court is closed.

(c) Venue and process.--The venue of a traffic court 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 political subdivision for which it is established to the extent prescribed by general rule. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; June 19, 2013, P.L.55, No.17, eff. imd.)

2018 Expiration. Subsection (a.1) expired January 1, 2018. See Act 17 of 2013.

Amendment . Act 17 amended subsec. (a) intro. par. and added subsec. (a.1). 2004 Amendment. Act 207 amended subsec. (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1978 Amendment. Act 53 amended subsec. (a).
42 Pa.C.S. § 8340.16 — PA Code / Title 42 / Chapter 83 / Section 8340.16
Pretrial motion.
Status: in_force

(a) Authorization.--A party may file a special motion for dismissal of or judgment on a cause of action, or part of a cause of action, based on a party's protected public expression immunity.

(b) Time.--A motion under subsection (a) must be made as follows:

(1) Except as provided in paragraph (2), no later than 60 days after being served with a pleading asserting a cause of action based on protected public expression.

(2) The court may extend the time under paragraph (1) upon a showing of good cause.

(c) Effect.--A motion under subsection (a) does not preclude a party from asserting protected public expression immunity through other pleadings and motions under the Pennsylvania Rules of Civil Procedure.

(d) Procedure.--Upon motion under subsection (a), all of the following apply:

(1) Subject to paragraphs (2) and (3), the court shall hear oral argument on the motion within 60 days after the motion is filed.

(2) The court may extend the time period under paragraph

(1):

(i) to allow discovery under subsection (f)(2)(i); or

(ii) for good cause.

(3) If paragraph (2) applies, the court shall hear argument as follows:

(i) For an extension under paragraph (2)(i):

(A) within 60 days after the court order allowing the discovery; or

(B) for good cause, on the date specified by the court.

(ii) For an extension under paragraph (2)(ii), on the date specified by the court.

(4) In ruling on a motion under subsection (a), the court shall consider the record as defined in Pa.R.C.P. No. 1035.1 (relating to Motion for Summary Judgment. Definition), the special motion and responses and the evidence which can be considered on a motion for summary judgment under Pa.R.C.P. No. 1035.2 (relating to motion).

(5) Within 60 days after hearing oral argument under paragraph (1) or (3), the court shall:

(i) rule on a motion under subsection (a); and

(ii) place on the record a written opinion stating its reasoning for its ruling.

(e) Stay.--If a motion under subsection (a) is made, all of the following apply:

(1) Except as provided in subsection (f), all other proceedings in the action are stayed. This paragraph includes discovery and the moving party's obligation to file a responsive pleading.

(2) A stay under paragraph (1) shall remain in effect until the order ruling on the motion becomes final. This paragraph includes an appeal of the order.

(f) Exceptions to stay.--During a stay under subsection

(e), all of the following apply:

(1) A party may challenge service of a writ or complaint, personal or subject matter jurisdiction or venue.

(2) A court may take any of the following actions:

(i) Allow limited discovery if a party shows that specific information:

(A) is necessary to establish whether a party has satisfied or failed to satisfy a burden under section 8340.15 (relating to grant of immunity); and

(B) is not reasonably available unless discovery is allowed.

(ii) Upon a showing of good cause, hear and rule on a request for special or preliminary injunctive relief to protect against an imminent threat to public health or safety.

(iii) Upon a showing of good cause, permit a proceeding relating exclusively to a cause of action:

(A) in response to which no party has asserted protected public expression immunity; and

(B) which does not implicate an issue relevant to a party's assertion of protected public expression immunity or to the cause of action for which that immunity has been asserted.

(3) A party may voluntarily discontinue all or part of the party's action.

(4) A party may move to recover attorney fees, court costs and expenses of litigation under section 8340.18 (relating to awards). Applicability. Section 7(1) of Act 72 of 2024 provided that the addition of section 8340.16 shall take effect on the effective date specified in the notice under section 3(4) of Act 72 of 2024. See section 3 of Act 72 in the appendix to this title for special provisions relating to applicability.
42 Pa.C.S. § 7321.12 — PA Code / Title 42 / Chapter 73 / Section 7321.12
Appointment of arbitrator; service as a neutral arbitrator.
Status: in_force

(a) Appointment.--If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed unless the method fails. If the parties have not agreed on a method, the agreed method fails or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator appointed by the court has all the powers of an arbitrator designated in the agreement to arbitrate or appointed under the agreed method.

(b) Neutral service.--An individual may not serve as an arbitrator required by an agreement to be neutral under the standards under which a judge would be required to disqualify himself or herself from participation in a proceeding under 207 Pa. Code Ch. 33 Canon 2 Rule 2.11 (relating to disqualification). Cross References. Section 7321.12 is referred to in sections 7321.16, 7342 of this title.
42 Pa.C.S. § 8331 — PA Code / Title 42 / Chapter 83 / Section 8331
Medical good Samaritan civil immunity.
Status: in_force

(a) General rule.--Any physician or any other practitioner of the healing arts or any registered nurse, licensed by any state, who happens by chance upon the scene of an emergency or who arrives on the scene of an emergency by reason of serving on an emergency call panel or similar committee of a county medical society or who is called to the scene of an emergency by the police or other duly constituted officers of a government unit or who is present when an emergency occurs and who, in good faith, renders emergency care at the scene of the emergency, shall not be liable for any civil damages as a result of any acts or omissions by such physician or practitioner or registered nurse in rendering the emergency care, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving emergency care.

(b) Definition.--As used in this section "good faith" shall include, but is not limited to, a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the patient is hospitalized. Cross References. Section 8331 is referred to in section 7217 of Title 35 (Health and Safety).
42 Pa.C.S. § 8953.2 — PA Code / Title 42 / Chapter 89 / Section 8953.2
Agents of the Office of Attorney General.
Status: in_force

(a) Power and authority.--An agent of the Office of Attorney General as defined in paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 (relating to definitions), in addition to the power and authority vested by law, shall have the power and authority to enforce the laws of this Commonwealth or to perform a function of a municipal police officer in the following circumstances:

(1) If the officer:

(i) has been requested to immediately aid or assist a Federal, State or local law enforcement officer or park police officer;

(ii) has probable cause to believe that a Federal, State or local law enforcement officer or park police officer is in need of aid or assistance; or

(iii) has been requested to participate in a Federal, State or local task force and participation has been approved by the Office of Attorney General.

(2) If, while on official business, the officer views an offense and makes a reasonable effort to identify himself or herself as a police officer and the offense is:

(i) A felony.

(ii) A misdemeanor.

(iii) A breach of the peace or other act that presents an immediate clear and present danger to a person or property.

(3) If the officer views an offense that is a felony and makes a reasonable effort to identify himself or herself as a police officer.

(b) Applicability.--An agent of the Office of Attorney General acting in accordance with the authority granted under this section shall be subject to section 8953(b), (c) and (d) (relating to Statewide municipal police jurisdiction) to the same extent as would a municipal police officer. (June 28, 2018, P.L.415, No.57, eff. 60 days; July 2, 2019, P.L.375, No.58, eff. imd.) 2019 Amendment. Act 58 amended subsec. (a)(1). See sections 4 and 5 of Act 58 in the appendix to this title for special provisions relating to applicability and General Assembly. 2018 Amendment. Act 57 added section 8953.2.
42 Pa.C.S. § 8332.2 — PA Code / Title 42 / Chapter 83 / Section 8332.2
Officer, director or trustee of nonprofit organization negligence standard.
Status: in_force

(a) General rule.--Except as provided otherwise in this section, no person who serves without compensation, other than reimbursement for actual expenses, as an officer, director or trustee of any nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1954 (68A Stat. 3, 26 U.S.C. § 501(c)(3)) shall be liable for any civil damages as a result of any acts or omissions relating solely to the performance of his duties as an officer, director or trustee, unless the conduct of the person falls substantially below the standards generally practiced and accepted in like circumstances by similar persons performing the same or similar duties, and unless it is shown that the person did an act or omitted the doing of an act which the person was under a recognized duty to another to do, knowing or having reason to know that the act or omission created a substantial risk of actual harm to the person or property of another. It shall be insufficient to impose liability to establish only that the conduct of the person fell below ordinary standards of care.

(b) Exception.--Nothing in this section shall be construed as affecting or modifying any existing legal basis for determining the liability, or any defense thereto, of any nonprofit association. (May 12, 1986, P.L.183, No.57, eff. imd.) 1986 Amendment. Act 57 added section 8332.2.
42 Pa.C.S. § 6387 — PA Code / Title 42 / Chapter 63 / Section 6387
Reports relating to pregnant or postpartum child.
Status: in_force

(a) Requirement.--Within 30 days after the end of a fiscal year, a facility shall, in writing, annually report to the department on each restraint applied to a pregnant, laboring or postpartum child in the facility's custody. The following apply:

(1) The report shall note the number and type of restraints applied.

(2) The provisions of this subsection shall apply to any person tasked with transporting or housing a pregnant, laboring or postpartum child. In the case of any use of restraints on a pregnant, laboring or postpartum child by an individual or entity that is not employed by the facility but is transporting the child on behalf of the facility, the individual or entity shall report the restraint to the facility in a reasonable amount of time after the incident occurs.

(b) Contents of report.--Reports of each restraint or placement of a child as required under subsection (a) must include the following:

(1) The circumstances that led to the determination that the child represented a substantial risk of imminent flight.

(2) The circumstances that led to the determination that other extraordinary medical or security circumstances dictated that the child be restrained to ensure the safety and security of the child, the staff of the facility or medical facility, another child or the public.

(3) The date and time restraints were applied and the length of time the child was kept in restraints.

(4) The number and type of restraints used.

(5) Any physical effects on the child or the unborn baby of a child resulting from placement in the restraints.

(c) Staff presence during labor.--If staff presence is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the examination, labor or delivery of the pregnant child, except in cases of exigent circumstances as determined by the facility director or designee.

(d) Availability of reports.--The nonidentifying data contained in the reports submitted to the department shall be posted on the department's publicly accessible Internet website annually. No identifying information, such as names or dates of birth, shall be posted. Cross References. Section 6387 is referred to in section 6382 of this title.
42 Pa.C.S. § 1906 — PA Code / Title 42 / Chapter 19 / Section 1906
Senior judge operational support grants (Expired).
Status: reserved

2017 Expiration. Section 1906 expired June 30, 2017. See Act 79 of 2012.
42 Pa.C.S. § 6352.1 — PA Code / Title 42 / Chapter 63 / Section 6352.1
Treatment records.
Status: in_force

Notwithstanding any other provision of law, drug and alcohol treatment records or related information regarding a child who is alleged or who has been found to be dependent or delinquent, or the child's parent, shall be released to the county agency, court or juvenile probation officer upon the consent of the child or the child's parent or upon an order of the court. The disclosure of drug and alcohol treatment records under this section shall be obtained or ordered in a manner that is consistent with the procedures, limitations and criteria set forth in regulations adopted by the Department of Health and Human Services relating to the confidentiality of drug and alcohol treatment records. The county agency, court or juvenile probation officer shall only use the records to carry out the purposes of this chapter and shall not release the records to any other person. The court may order the participation of the county agency or juvenile probation officer in the development of a treatment plan for the child as necessary to protect the health, safety or welfare of the child, to include discussions with the individual, facility or program providing treatment and the child or the child's parent in furtherance of a disposition under section 6351 (relating to disposition of dependent child) or 6352 (relating to disposition of delinquent child). (Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999) 1998 Amendment. Act 126 added section 6352.1.
42 Pa.C.S. § 6501 — PA Code / Title 42 / Chapter 65 / Section 6501
Writ not to be suspended.
Status: in_force

The privilege of the writ of habeas corpus shall not be suspended, unless when in the case of rebellion or invasion the public safety may require it.
42 Pa.C.S. § 62A20 — PA Code / Title 42 / Chapter 62 / Section 62A20
Construction.
Status: in_force

Nothing in this chapter shall be construed to preclude an action for wrongful use of civil process in accordance with
42 Pa.C.S. § 5936 — PA Code / Title 42 / Chapter 59 / Section 5936
Medical testimony by deposition.
Status: in_force

(a) General rule.--The testimony of any physician licensed to practice medicine may be taken by oral interrogation in the manner prescribed by general rule for the taking of depositions.

(b) Admissibility.--A deposition taken under subsection (a) shall be admissible in a civil matter. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 added section 5936. CERTAIN PRIVILEGES AND IMMUNITIES
42 Pa.C.S. § 4904 — PA Code / Title 42 / Chapter 49 / Section 4904
Establishment of Access to Justice Account.
Status: in_force

There is established in the State Treasury a nonlapsing restricted receipt account to be known as the Access to Justice Account for the deposit of all fees authorized by this chapter. Cross References. Section 4904 is referred to in sections 3733, 4903 of this title.
42 Pa.C.S. § 62A04 — PA Code / Title 42 / Chapter 62 / Section 62A04
Responsibilities of law enforcement agencies.
Status: in_force

(a) General rule.--The police department of each municipal corporation, the Pennsylvania State Police and the sheriff of each county shall ensure that all their officers, deputies and employees are familiar with the provisions of this chapter. Instruction concerning orders shall be made a part of the training curriculum for all trainee officers and deputies. All law enforcement agencies shall adopt a written policy regarding orders issued under this chapter.

(b) Notice of arrest.--The police department of each municipal corporation and the Pennsylvania State Police shall make reasonable efforts to notify any person protected by an order issued under this chapter of the arrest of the defendant for violation of an order as soon as possible. Unless the person cannot be located, notice of the arrest shall be provided not more than 24 hours after preliminary arraignment.

(c) Statewide registry.--

(1) A complete and systematic record and index of all valid temporary and final orders issued under this chapter

shall be entered and maintained in the database established and maintained by the Pennsylvania State Police pursuant to 23 Pa.C.S. § 6105(e) (relating to responsibilities of law enforcement agencies).

(2) With respect to orders issued under this chapter, the Statewide registry shall include, but need not be limited to, the following:

(i) The names of the plaintiff and the victim, if the victim is not the same individual as the plaintiff.

(ii) The name of other designated persons protected by the order under section 62A07(b) (relating to relief).

(iii) The name and address of the defendant.

(iv) The date the order was entered.

(v) The date the order expires.

(vi) The relief granted under sections 62A07 and 62A09 (relating to emergency relief by minor judiciary).

(vii) The judicial district in which the order was entered.

(viii) Where furnished, the Social Security number and date of birth of the defendant.

(3) The prothonotary shall send, on a form prescribed by the Pennsylvania State Police, a copy of an order to the Statewide registry so that it is received within 24 hours of the entry of the order. An amendment to or revocation of an order shall be transmitted by the prothonotary within 24 hours of the entry of the order for modification or revocation. The Pennsylvania State Police shall enter orders, amendments and revocations in the Statewide registry within eight hours of receipt. Vacated or expired orders shall be purged from the registry.

(4) The registry of the Pennsylvania State Police shall be available at all times to inform courts, dispatchers and law enforcement officers of any valid order involving any defendant.

(5) Information contained in the Statewide registry relating to orders shall not be subject to access under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. Cross References. Section 62A04 is referred to in sections 62A05, 62A14 of this title.
42 Pa.C.S. § 7321.8 — PA Code / Title 42 / Chapter 73 / Section 7321.8
Motion to compel or stay arbitration.
Status: in_force

(a) Refusal to arbitrate under agreement.--On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate under the agreement:

(1) if the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and

(2) if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(b) Agreement challenged.--On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, the court shall order the parties to arbitrate.

(c) Enforceable agreement required.--If the court finds that there is no enforceable agreement, the court may not, under subsection (a) or (b), order the parties to arbitrate.

(d) Court refusal.--The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

(e) Appropriate court.--If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in section 7321.28 (relating to venue).

(f) Stay of judicial proceedings.--An action or proceeding allegedly involving an issue subject to arbitration shall be stayed if a court order to proceed with arbitration has been made or a motion for such an order has been made under this section. If the issue allegedly subject to arbitration is severable, the stay of the court action or proceeding may be made with respect to the severable issue only. If a motion for an order to proceed with arbitration is made in the action or

proceeding and is granted, the court order to proceed with arbitration shall include a stay of the action or proceeding. Cross References. Section 7321.8 is referred to in sections 7321.5, 7342 of this title.
42 Pa.C.S. § 9723 — PA Code / Title 42 / Chapter 97 / Section 9723
Determination of guilt without further penalty.
Status: in_force

If in the light of all the circumstances, probation would be appropriate under section 9722 (relating to order of probation), but it appears that probation is unnecessary, the court may impose a sentence of guilty without further penalty. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 Pa.C.S. § 5949 — PA Code / Title 42 / Chapter 59 / Section 5949
Confidential mediation communications and documents.
Status: in_force

(a) General rule.--Except as provided in subsection (b), all mediation communications and mediation documents are privileged. Disclosure of mediation communications and mediation documents may not be required or compelled through discovery or any other process. Mediation communications and mediation documents shall not be admissible as evidence in any action or proceeding, including, but not limited to, a judicial, administrative or arbitration action or proceeding.

(b) Exceptions.--

(1) A settlement document may be introduced in an action or proceeding to enforce the settlement agreement expressed in the document, unless the settlement document by its terms states that it is unenforceable or not intended to be legally binding.

(2) To the extent that the communication or conduct is relevant evidence in a criminal matter, the privilege and limitation set forth in subsection (a) does not apply to:

(i) a communication of a threat that bodily injury may be inflicted on a person;

(ii) a communication of a threat that damage may be inflicted on real or personal property under circumstances constituting a felony; or

(iii) conduct during a mediation session causing direct bodily injury to a person.

(3) The privilege and limitation set forth under subsection (a) does not apply to a fraudulent communication during mediation that is relevant evidence in an action to enforce or set aside a mediated agreement reached as a result of that fraudulent communication.

(4) Any document which otherwise exists, or existed independent of the mediation and is not otherwise covered by this section, is not subject to this privilege.

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

"Mediation." The deliberate and knowing use of a third person by disputing parties to help them reach a resolution of their dispute. For purposes of this section, mediation commences

at the time of initial contact with a mediator or mediation program.

"Mediation communication." A communication, verbal or nonverbal, oral or written, made by, between or among a party, mediator, mediation program or any other person present to further the mediation process when the communication occurs during a mediation session or outside a session when made to or by the mediator or mediation program.

"Mediation document." Written material, including copies, prepared for the purpose of, in the course of or pursuant to mediation. The term includes, but is not limited to, memoranda, notes, files, records and work product of a mediator, mediation program or party.

"Mediation program." A plan or organization through which mediators or mediation may be provided.

"Mediator." A person who performs mediation.

"Settlement document." A written agreement signed by the parties to the agreement. (Feb. 7, 1996, P.L.7, No.3, eff. 60 days) 1996 Amendment. Act 3 added section 5949.
42 Pa.C.S. § 3503 — PA Code / Title 42 / Chapter 35 / Section 3503
Penalties.
Status: in_force

Any person who fails to remit any fines, penalties, forfeitures, fees, cash or other moneys received by him within the time and in the manner specified by regulations promulgated pursuant to section 3502 (relating to financial regulations)

or any person who willfully violates any such regulations commits a misdemeanor of the third degree.
42 Pa.C.S. § 3572 — PA Code / Title 42 / Chapter 35 / Section 3572
County portion of fines, etc.
Status: in_force

Except as otherwise provided in this subchapter, all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited and fees and costs collected in the court of common pleas, or community court established for a judicial district embracing a county, or in a magisterial district within the county, or in the Philadelphia Municipal Court, shall be payable to such county. (Dec. 27, 1994, P.L.1337, No.154, eff. 180 days) Cross References. Section 3572 is referred to in section 3733 of this title.
42 Pa.C.S. § 6407 — PA Code / Title 42 / Chapter 64 / Section 6407
Regulations.
Status: in_force

The department shall adopt in consultation with the Juvenile Court Judges' Commission and the board such regulations as are necessary to effectuate the provisions of this chapter.
42 Pa.C.S. § 333 — PA Code / Title 42 / Chapter 3 / Section 333
Language added by Act No. 1978-330.
Status: in_force

* * * Actions under Subchapter C of Chapter 85 (relating to actions against local parties) of Title 42 of the Pennsylvania Consolidated Statutes for claims against a local agency may be brought in and only in a county in which the local agency is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. No interest shall accrue in any such action prior to any entry of judgment. A local agency may intervene in any action brought against an employee thereof for damages on account of an injury to a person or property based on claims arising from, or reasonably related to, the office or the performance of the duties of the employee. Explanatory Note. Section 333 repealed the act of November 26, 1978, P.L.1399, No.330, known as the Political Subdivision Tort Claims Act. § 401. Transfer of Chapter 13 of Title 18 to Title 42. * * *

(b) Renumbering.--In printing the Laws of Pennsylvania for the 1979-1980 Sessions of the General Assembly and the Pennsylvania Consolidated Statutes the Legislative Reference Bureau shall change any reference or citation to the Sentencing Code to conform to the change in title and chapter number effected by subsection (a). Explanatory Note. Section 401(a) amended and renumbered
42 Pa.C.S. § 6310 — PA Code / Title 42 / Chapter 63 / Section 6310
Parental participation.
Status: in_force

(a) General rule.--In any proceeding under this chapter, a court may order a parent, guardian or custodian to participate in the treatment, supervision or rehabilitation of a child, including, but not limited to, community service, restitution, counseling, treatment and education programs.

(b) Presence at proceedings.--The court may, when the court determines that it is in the best interests of the child, order a parent, guardian or custodian of a child to be present at and to bring the child to any proceeding under this chapter.

(c) Contempt.--A person who, without good cause, fails to comply with an order issued under this section may be found in contempt of court. The court may issue a bench warrant for any parent, guardian or custodian who, without good cause, fails to appear at any proceeding.

(d) Intent.--The General Assembly hereby declares that every parent, guardian or custodian of a child who is the subject of a proceeding under this chapter and a court-ordered program under this chapter should attend the proceeding and participate fully in the program.

(e) Limitation.--Nothing in this section shall be construed to create a right of a child to have his parent, guardian or custodian present at a proceeding under this chapter or participate in a court-ordered program. (Nov. 17, 1995, 1st Sp.Sess., P.L.1109, No.28, eff. 60 days) 1995 Amendment. Act 28, 1st Sp.Sess., added section 6310.
42 Pa.C.S. § 5532 — PA Code / Title 42 / Chapter 55 / Section 5532
Absence or concealment.
Status: in_force

(a) General rule.--If, when a cause of action accrues against a person, he is without this Commonwealth, the time within which the action or proceeding must be commenced shall be computed from the time he comes into or returns to this Commonwealth. If, after a cause of action has accrued against a person, he departs from this Commonwealth and remains continuously absent therefrom for four months or more, or he resides within this Commonwealth under a false name which is unknown to the person entitled to commence the action or proceeding, the time of his absence or residence within this Commonwealth under such a false name is not a part of the time within which the action or proceeding must be commenced.

(b) Exception.--Subsection (a) does not apply in any of the following cases:

(1) While there is in force a designation, voluntary or involuntary, made pursuant to law, of a person to whom process may be delivered within this Commonwealth with the same effect as if served personally within this Commonwealth.

(2) While a foreign corporation has one or more officers or other persons in this Commonwealth on whom process against such corporation may be served.

(3) While jurisdiction over the person of the defendant can be obtained without personal delivery of process to him within this Commonwealth.

(c) Fraudulent concealment.--In the case of a civil action or proceeding against the trustee of an express or implied trust, the time within which such an action or proceeding by or on behalf of a beneficiary on account of fraud must be commenced shall be computed from the discovery of the fraud, or when, by reasonable diligence, the person defrauded might have discovered the fraud. This subsection shall not prevent a bona fide purchaser for value from pleading the applicable statute of limitations.
42 Pa.C.S. § 3101 — PA Code / Title 42 / Chapter 31 / Section 3101
Qualifications of judicial officers generally.
Status: in_force

(a) General rule.--Judges and magisterial district judges shall be citizens of this Commonwealth. Judges, except judges of the Pittsburgh Magistrates Court and the Traffic Court of Philadelphia, shall be members of the bar of this Commonwealth. Judges of the Supreme, Superior and Commonwealth Courts, for a period of one year preceding their election or appointment and during their continuance in office, shall reside within this Commonwealth. Other judges and magisterial district judges, for a period of one year preceding their election or appointment and during their continuance in office, shall reside within their respective districts, except when temporarily assigned to another district pursuant to law. Judges and magisterial district judges shall be at least 21 years of age.

(b) Mental health review officers.--Mental health review officers shall be members of the bar of this Commonwealth without restriction as to county of residence and where possible should be familiar with the field of mental health. Judges of the Philadelphia Municipal Court may be appointed mental health review officers. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; May 27, 1994, P.L.250, No.37, eff. imd.; 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. References in Text. The Traffic Court of Philadelphia, referred to in this section, was abolished by Joint Resolution No.2 of 2016. Cross References. Section 3101 is referred to in sections 3131, 4121 of this title.
42 Pa.C.S. § 5927 — PA Code / Title 42 / Chapter 59 / Section 5927
Actions by spouse to recover separate property.
Status: in_force

In any action brought by either the husband or wife to protect and recover the separate property of either, both shall be fully competent witnesses, except that neither may testify to confidential communications made by one or the other, unless this privilege is waived upon the trial.
42 Pa.C.S. § 7362 — PA Code / Title 42 / Chapter 73 / Section 7362
Voluntary arbitration of pending judicial matters.
Status: in_force

(a) General rule.--A civil matter or issue therein may be referred by consent of the parties to one or more appointive judicial officers or other persons for hearing or hearing and disposition.

(b) Government units.--Any government unit of this Commonwealth, with the consent of the solicitor or other official counsel of the unit, may agree to the reference of a civil matter pursuant to this section.

(c) Procedure.--The appointive judicial officers or other persons appointed or designated pursuant to this section shall have such powers and shall proceed in such manner as shall be prescribed by general rules.

(d) Appeal.--Any party to a matter referred under this section shall have such rights of appeal, if any, as shall be prescribed by general rules. Where no right to appeal is prescribed by general rule, all parties shall be deemed to have waived any right to appeal which they might otherwise enjoy under the Constitution of Pennsylvania or otherwise in mutual consideration of an expeditious final disposition of the matter, but no such waiver shall apply if it is clearly shown that a party was denied a hearing or that fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award.
42 Pa.C.S. § 9795.3 — PA Code / Title 42 / Chapter 97 / Section 9795.3
Sentencing court information (Expired).
Status: reserved

2012 Expiration. Section 9795.3 expired December 20, 2012. See Act 111 of 2011.
42 Pa.C.S. § 7321.22 — PA Code / Title 42 / Chapter 73 / Section 7321.22
Remedies; fees and expenses of arbitration proceeding.
Status: in_force

(a) Punitive damages.--An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.

(b) Attorney fees and costs.--An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if the award is authorized by law in a civil action involving the same claim, by the agreement of the parties to the arbitration proceeding or by the terms of an agreement subject to arbitration.

(c) Additional remedies.--As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 7321.23 (relating to confirmation of award) or for vacating an award under section 7321.24 (relating to vacating award).

(d) Arbitrator costs and fees.--An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.

(e) Justification for punitive damages.--If an arbitrator awards punitive damages or other exemplary relief under subsection (a), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.
42 Pa.C.S. § 5945.3 — PA Code / Title 42 / Chapter 59 / Section 5945.3
Confidential communications with human trafficking caseworkers.
Status: in_force

(a) Sexual assault counselors.--An individual qualified as a sexual assault counselor under section 5945.1(a) (relating to confidential communications with sexual assault counselors) may serve as a human trafficking counselor under this section.

(b) Privilege.--

(1) This subsection applies to all of the following:

(i) A human trafficking caseworker.

(ii) An interpreter.

(2) An individual designated in paragraph (1) may not disclose a confidential communication without the written consent of the victim of human trafficking who made the confidential communication.

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

"Confidential communication." All information, oral or written, transmitted between a victim of human trafficking and a human trafficking caseworker in the course of their relationship. The term includes advice, reports, statistical data, memoranda, working papers and records, given or made during that relationship, including matters transmitted between the human trafficking caseworker and the victim through the use of an interpreter.

"Human trafficking caseworker." An individual:

(1) who is engaged by any organization whether financially compensated or not;

(2) whose primary purpose is the rendering of advice or assistance to a victim of human trafficking, as defined in 18 Pa.C.S. § 3001 (relating to definitions); and

(3) who:

(i) holds a master's degree or higher in counseling or a related field;

(ii) has an undergraduate degree or equivalent in a human services profession; or

(iii) is supervised by an individual qualified under subparagraph (i) or (ii) and has at least 80 hours of training received under that supervision in:

(A) the history of human trafficking;

(B) civil law and criminal law as they relate to human trafficking;

(C) societal attitudes toward human trafficking;

(D) peer counseling techniques;

(E) housing, public assistance and other financial resources available to meet the needs of victims of human trafficking;

(F) referral services available to victims of human trafficking;

(G) privileged communications; or

(H) human trauma therapy counseling.

"Interpreter." An individual who translates communications between a human trafficking caseworker and a victim of human trafficking through the use of sign language, visual, oral or written translation. (July 2, 2014, P.L.945, No.105, eff. 60 days) 2014 Amendment. Act 105 added section 5945.3. Cross References. Section 5945.3 is referred to in sections 4415, 4436 of this title.
42 Pa.C.S. § 914 — PA Code / Title 42 / Chapter 9 / Section 914
Reimbursement for common pleas court costs.
Status: in_force

For the purposes of reimbursement for common pleas court judge authorized positions, no county shall receive less than 77.5% of the actual reimbursement for court costs provided to them from funds appropriated for the fiscal year July 1, 1980, to June 30, 1981. (Dec. 20, 2000, P.L.742, No.105, eff. 60 days) 2000 Amendment. Act 105 added section 914.

Cross References. Section 914 is referred to in section 915 of this title.
42 Pa.C.S. § 3333 — PA Code / Title 42 / Chapter 33 / Section 3333
Recommendation to and action by Supreme Court (Deleted by amendment).
Status: in_force

1993 Amendment. Section 3333 was deleted by amendment July 2, 1993, P.L.395, No.56, effective August 16, 1993.
42 Pa.C.S. § 5337 — PA Code / Title 42 / Chapter 53 / Section 5337
Application to court.
Status: in_force

(a) General rule.--An application to a court for a protective order or to enforce, quash or modify a subpoena issued by a prothonotary under section 5335 (relating to issuance of subpoena) must comply with the rules and statutes of this Commonwealth and be submitted to the court that ordered service of the subpoena.

(b) Authority for order.--Upon application, the court may proceed as provided by the applicable rules and laws of this Commonwealth, including, but not limited to: section 4132 (relating to attachment and summary punishment for contempts);
42 Pa.C.S. § 2921 — PA Code / Title 42 / Chapter 29 / Section 2921
Powers and duties of the sheriff.
Status: in_force

The sheriff, either personally or by deputy, shall serve process and execute orders directed to him pursuant to law.
42 Pa.C.S. § 3543 — PA Code / Title 42 / Chapter 35 / Section 3543
Credits to account.
Status: in_force

Each political subdivision required by this subchapter to maintain a judicial and related account shall credit to such account:

(1) Contributions and payments by the Federal Government for the maintenance of judicial and related functions of the political subdivision.

(2) Appropriations by the General Assembly to the political subdivision for the maintenance of judicial and related functions of the political subdivision.

(3) Amounts received pursuant to section 3542 (relating to receipts).

(4) Income and receipts with respect to the operation of probation facilities and services maintained by the political subdivision. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) Cross References. Section 3543 is referred to in section 3545 of this title.
42 Pa.C.S. § 9799.38 — PA Code / Title 42 / Chapter 97 / Section 9799.38
Annual performance audit.
Status: in_force

(a) Duties of the Attorney General.--The Attorney General has the following duties:

(1) To conduct a performance audit annually to determine compliance with the requirements of this subchapter and
42 Pa.C.S. § 7501 — PA Code / Title 42 / Chapter 75 / Section 7501
Attachment of property prior to judgment.
Status: in_force

(a) General rule.--Except as otherwise provided in subsection (b) property may be attached prior to judgment in the manner and to the extent prescribed by general rule.

(b) Exemptions.--Any property exempt under Subchapter B of
42 Pa.C.S. § 67A05 — PA Code / Title 42 / Chapter 67 / Section 67A05
Procedure.
Status: in_force

(a) Disclosure.--A law enforcement agency that receives a request under section 67A03 (relating to requests for law enforcement audio recordings or video recordings) for an audio recording or video recording shall provide the audio recording or video recording or identify in writing the basis for denying the request within 30 days of receiving the request, unless the requester and law enforcement agency agree to a longer time period. If an agreement under section 67A04(b)(2) (relating to law enforcement review) is in effect between the law enforcement agency and the Attorney General or district attorney with jurisdiction, then an agreement to a longer time period must be between the requester and the Attorney General or district attorney with jurisdiction.

(b) Denials by operation of law.--The request under section 67A03 shall be deemed denied by operation of law if the law enforcement agency does not provide the audio recording or video recording to the requester or explain why the request is denied within the time period specified or agreed to under subsection

(a).

(c) Preservation.--A law enforcement agency that has received a request for an audio recording or video recording shall preserve the unaltered audio recording or video recording that has been requested for no less than the time periods provided in this chapter for service of and responses to written requests for the production of the audio recording or video recording and any period within which a petition for judicial review is allowable or pending.

(d) Fees.--A law enforcement agency may establish reasonable fees relating to the costs incurred to disclose audio recordings or video recordings. The fees shall be paid by the requesting party at the time of disclosure of the audio recording or video recording.

(e) Construction.--Nothing in this section shall be construed to prohibit a law enforcement agency from redacting an audio recording or video recording in order to protect potential evidence in a criminal matter, information pertaining to an investigation, confidential information or victim information. Cross References. Section 67A05 is referred to in section 67A06 of this title.
42 Pa.C.S. § 4562 — PA Code / Title 42 / Chapter 45 / Section 4562
Juror's right to refuse inquiries.
Status: in_force

Except where jury tampering is being investigated by the proper authorities, a juror shall not be required to answer to any person concerning the manner in which the jury reached its verdict or why it was unable to agree upon a verdict.
42 Pa.C.S. § 1516 — PA Code / Title 42 / Chapter 15 / Section 1516
Lien of judgment.
Status: in_force

A judgment of a magisterial district judge shall not operate as a lien on real property until a transcript of the record showing a final judgment of a magisterial district judge has been filed in the manner prescribed by general rules in the office of the clerk of the court of common pleas of the county where the property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county. After such entry the judgment shall, from the date of such entry, be a lien upon real property to the same extent

that judgment recovered in the court of common pleas is a lien. No such transcript shall be filed until after 30 days after the entry of final judgment by the magisterial district judge. No execution against real estate shall be issued by a magisterial district judge. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, 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. Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 482, as amended June 30, 1982, provided that section 1516 shall not be deemed suspended or affected. Rules 401 through 482 relate to execution of judgments for the payment of money rendered by district justices. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 482 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.
42 Pa.C.S. § 8335 — PA Code / Title 42 / Chapter 83 / Section 8335
Damages for conversion of property of fluctuating value.
Status: in_force

Damages for the conversion of stocks, bonds, or other like property of fluctuating value shall be limited to the difference between the proceeds of the conversion, or that portion thereof

duly paid or credited to the owner, and such higher value as the property may have reached within a reasonable time after he had notice of the conversion. Where the facts are not in dispute, such period shall be fixed by the court as a matter of law.
42 Pa.C.S. § 7315 — PA Code / Title 42 / Chapter 73 / Section 7315
Modification or correction of award by court.
Status: in_force

(a) General rule.--On application to the court made within 30 days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:

(1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;

(2) the arbitrators awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) the award is deficient in a matter of form, not affecting the merits of the controversy.

(b) Confirmation of award.--If an application to modify or correct the award is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made by the arbitrators.

(c) Alternative applications.--An application to modify or correct an award may be joined in the alternative with an application to vacate the award. Cross References. Section 7315 is referred to in sections 7311, 7313 of this title.
42 Pa.C.S. § 62A18 — PA Code / Title 42 / Chapter 62 / Section 62A18
Applicability.
Status: in_force

The provisions of the following acts relating to victims who are protected by an order issued under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) shall apply also to victims who are protected by an order issued under this chapter:

(1) The act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

(2) 23 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim address confidentiality).
42 Pa.C.S. § 5741 — PA Code / Title 42 / Chapter 57 / Section 5741
Definitions.
Status: in_force

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

"Bail bondsman." A person who engages in the business of giving bail as a surety for compensation.

"Department." The Insurance Department of the Commonwealth.

"Insurer." As defined in section 601-A of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921.

"Office of the clerk." The office of the clerk of the court of common pleas of each judicial district in which a person engages in the business of a bail bondsman.

"Professional bondsman." (Deleted by amendment).

"Surety." A person who pledges security, whether or not for compensation, in exchange for the release from custody of a person charged with a crime prior to adjudication. (July 2, 2015, P.L.110, No.16, eff. 120 days) 2015 Amendment. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
42 Pa.C.S. § 7411 — PA Code / Title 42 / Chapter 74 / Section 7411
Professional responsibility.
Status: in_force

This chapter shall not affect the professional responsibility obligations and standards applicable to an attorney or other person professionally licensed or certified under State law.
42 Pa.C.S. § 1127 — PA Code / Title 42 / Chapter 11 / Section 1127
Hearing officers.
Status: in_force

(a) Appointment.--The President Judge of the Philadelphia Municipal Court may appoint hearing officers in proceedings under section 1123(a)(9) (relating to jurisdiction and venue).

(b) Code of conduct.--The Supreme Court shall promulgate a code of conduct to govern the conduct of hearing officers and provide for regular audits of the conduct of hearing officers.

(c) Qualifications.--A hearing officer must:

(1) be an attorney at law; or

(2) prior to assuming office, complete a course of training and instruction in the duties of the office and pass an examination. (June 19, 2013, P.L.55, No.17, eff. imd.) 2013 Amendment. Act 17 added section 1127.
42 Pa.C.S. § 7321.24 — PA Code / Title 42 / Chapter 73 / Section 7321.24
Vacating award.
Status: in_force

(a) Grounds.--Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:

(1) the award was procured by corruption, fraud or other undue means;

(2) there was:

(i) evident partiality by an arbitrator appointed as a neutral arbitrator;

(ii) corruption by an arbitrator; or

(iii) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to section 7321.16 (relating to arbitration process), so as to prejudice the rights of a party to the arbitration proceeding;

(4) an arbitrator exceeded the arbitrator's powers;

(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without

raising the objection under section 7321.16(c) not later than the beginning of the arbitration hearing; or

(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in section 7321.10 (relating to initiation of arbitration) so as to prejudice substantially the rights of a party to the arbitration proceeding.

(b) Time.--A motion under this section must be filed within 30 days after the movant receives notice of the award under section 7321.20 (relating to award) or within 30 days after the movant receives notice of a modified or corrected award under section 7321.21 (relating to change of award by arbitrator), unless the movant alleges that the award was procured by corruption, fraud or other undue means, in which case the motion must be made within 30 days after the ground is known or by the exercise of reasonable care would have been known by the movant.

(c) Rehearing.--If the court vacates an award on a ground other than that set forth in subsection (a)(5), it may order a rehearing. If the award is vacated on a ground stated in subsection (a)(1) or (2), the rehearing shall be before a new arbitrator. If the award is vacated on a ground stated in subsection (a)(3), (4) or (6), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator shall render the decision in the rehearing within the same time as that provided in section 7321.20(b) for an award.

(d) Confirmation.--If the court denies a motion to vacate an award, the court shall confirm the award unless a motion to modify or correct the award is pending. Cross References. Section 7321.24 is referred to in sections 7321.5, 7321.13, 7321.15, 7321.19, 7321.21, 7321.22, 7321.23, 7321.25, 7321.26 of this title.
42 Pa.C.S. § 9106 — PA Code / Title 42 / Chapter 91 / Section 9106
Duty of warden or other official.
Status: in_force

It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this Commonwealth to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.
42 Pa.C.S. § 41 — PA Code / Title 42 / Chapter 41 / Section 41
Applicability of Statutory Construction Act (Repealed).
Status: repealed

1980 Repeal. Section 41 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days.
42 Pa.C.S. § 1702 — PA Code / Title 42 / Chapter 17 / Section 1702
Rule making procedures.
Status: in_force

(a) General rule.--Subject to the provisions of subsection

(b), the Supreme Court and all agencies or units of the unified judicial system when exercising the power to adopt general rules or other orders in the nature of regulations pursuant to the authority of the Supreme Court under section 1721 (relating to delegation of powers) shall be an agency within the meaning of the act of July 31, 1968 (P.L.769, No.240), known as the "Commonwealth Documents Law," and shall be subject to all of the provisions of such act except section 205 (relating to approval as to legality). All such general rules and orders

shall be published pursuant to Part II of Title 45 (relating to publication and effectiveness of Commonwealth Documents).

(b) Scope.--The provisions of subsection (a) shall apply only to a rule or order adopted pursuant to the following provisions of this title or which is otherwise based in whole or in part upon authority conferred by any provision of this title or by other statutory authority: Section 503 (relating to reassignment of matters). Section 1722(b) (relating to enforcement and effect of orders and process). Section 1722(c) (relating to time limitations). Section 1725 (relating to establishment of fees and charges). Section 1726 (relating to establishment of taxable costs). Section 1728 (relating to recognition of related organizations). The provisions of subsection (a) shall also apply to other rules and orders to the extent prescribed by general rule. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a).
42 Pa.C.S. § 7310 — PA Code / Title 42 / Chapter 73 / Section 7310
Award of arbitrators.
Status: in_force

(a) General rule.--The award of the arbitrators shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail, or as prescribed in the agreement to arbitrate.

(b) Time limitation.--The award shall be made within the time fixed by the agreement or, if not fixed by the agreement, within such time as is ordered by the court on application of a party. The parties by written stipulation may extend the time either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to delivery of the award to him.
42 Pa.C.S. § 8122 — PA Code / Title 42 / Chapter 81 / Section 8122
Waiver of exemption.
Status: in_force

Exemptions from attachment or execution granted by statute may not be waived by the debtor by express or implied contract before or after the commencement of the matter, the entry of judgment or otherwise. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
42 Pa.C.S. § 5985 — PA Code / Title 42 / Chapter 59 / Section 5985
Testimony by contemporaneous alternative method.
Status: in_force

(a) Contemporaneous alternative method.--Subject to subsection (a.1), in any prosecution or adjudication involving a child victim or a child material witness, the court may order that the testimony of the child victim or child material witness be taken under oath or affirmation in a room other than the courtroom and transmitted by a contemporaneous alternative method. Only the attorneys for the defendant and for the Commonwealth, the court reporter, the judge, persons necessary to operate the equipment and any person whose presence would

contribute to the welfare and well-being of the child victim or child material witness, including persons designated under section 5983 (relating to rights and services), may be present in the room with the child during his testimony. The court shall permit the defendant to observe and hear the testimony of the child victim or child material witness but shall ensure that the child cannot hear or see the defendant. The court shall make certain that the defendant and defense counsel have adequate opportunity to communicate for the purposes of providing an effective defense. Examination and cross-examination of the child victim or child material witness shall proceed in the same manner as normally permitted.

(a.1) Determination.--Before the court orders the child victim or the child material witness to testify by a contemporaneous alternative method, the court must determine, based on evidence presented to it, that testifying either in an open forum in the presence and full view of the finder of fact or in the defendant's presence will result in the child victim or child material witness suffering serious emotional distress that would substantially impair the child victim's or child material witness's ability to reasonably communicate. In making this determination, the court may do all of the following:

(1) Observe and question the child victim or child material witness, either inside or outside the courtroom.

(2) Hear testimony of a parent or custodian or any other person, such as a person who has dealt with the child victim or child material witness in a medical or therapeutic setting.

(a.2) Counsel and confrontation.--

(1) If the court observes or questions the child victim or child material witness under subsection (a.1)(1), the attorney for the defendant and the attorney for the Commonwealth have the right to be present, but the court shall not permit the defendant to be present.

(2) If the court hears testimony under subsection

(a.1)(2), the defendant, the attorney for the defendant and the attorney for the Commonwealth have the right to be present.

(b) Effect of order.--(Deleted by amendment). (Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.)
42 Pa.C.S. § 4121 — PA Code / Title 42 / Chapter 41 / Section 4121
Assignment of judges.
Status: in_force

(a) General rule.--Subject to general rules any judge may be temporarily assigned to another court and may there hear and determine any matter with like effect as if duly commissioned to sit in such other court.

(b) Senior judges.--A senior judge may, with his consent, be assigned on temporary judicial service pursuant to subsection

(a).

(c) Exception.--Only a judge who is a member of the bar of this Commonwealth shall be temporarily assigned to a court to which only members of the bar of this Commonwealth may be appointed or elected pursuant to section 3101 (relating to qualifications of judicial officers generally). A judge of the Pittsburgh Magistrates Court or the Traffic Court of Philadelphia may be temporarily assigned to a magisterial district with the same effect as an assignment pursuant to section 4122 (relating to assignment of magisterial district judges). (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended subsec. (c). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1980 Amendment. Act 142 amended subsec. (b). Philadelphia Municipal Court. Section 9(b) of Act 142 of 1976 provided that the President Judge of the Court of Common Pleas of Philadelphia County may assign temporarily judges of the Philadelphia Municipal Court to the Court of Common Pleas of Philadelphia County when required to expedite the business of the court. References in Text. The Traffic Court of Philadelphia, referred to in subsec. (c), was abolished by Joint Resolution No.2 of 2016. Cross References. Section 4121 is referred to in sections 102, 564 of this title.
42 Pa.C.S. § 9803 — PA Code / Title 42 / Chapter 98 / Section 9803
Purpose.
Status: in_force

County intermediate punishment programs shall be developed, implemented and operated for the following purposes:

(1) To protect society and promote efficiency and economy in the delivery of corrections services.

(2) To promote accountability of offenders to their local community.

(3) To fill gaps in local correctional systems and address local needs through expansion of punishment and services available to the court.

(4) To provide opportunities for offenders who demonstrate special needs to receive services which enhance their ability to become contributing members of the community.
42 Pa.C.S. § 3703 — PA Code / Title 42 / Chapter 37 / Section 3703
Local chamber facilities.
Status: in_force

The Administrative Office of Pennsylvania Courts shall furnish for each judge of the appellate courts of this Commonwealth chamber facilities in the county in which such judge resides in conformity with general rules for such judge and the personal staff of such judge from funds annually appropriated by the General Assembly. (July 10, 1985, P.L.193, No.49, eff. 60 days) Cross References. Section 3703 is referred to in section 5303 of Title 71 (State Government).
42 Pa.C.S. § 1519 — PA Code / Title 42 / Chapter 15 / Section 1519
Philadelphia Traffic Court (Repealed).
Status: repealed

1987 Repeal. Section 1519 was repealed July 3, 1987, P.L.193, No.28, effective immediately.
42 Pa.C.S. § 6155 — PA Code / Title 42 / Chapter 61 / Section 6155
Rights of patients.
Status: in_force

(a) Protective order.--Any patient whose medical charts or records are copied and delivered pursuant to this subchapter, any person acting on such patient's behalf and the health care facility having custody of the charts or records shall have standing to apply to the court or other body before which the action or proceeding is pending for a protective order denying, restricting or otherwise limiting access to and use of the copies or original charts and records.

(b) Rights to records generally.--

(1) A patient or his designee, including his attorney, shall have the right of access to his medical charts and records and to obtain photocopies of the same, without the use of a subpoena duces tecum, for his own use. A health care provider or facility shall not charge a patient or his designee, including his attorney, a fee in excess of the amounts set forth in section 6152(a)(2)(i) (relating to subpoena of records).

(2) Nothing in this subsection shall be construed as requiring an insurer to pay for medical records required to validate medical services for which reimbursement is sought under an insurance contract, except as provided in:

(i) the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, and the regulations promulgated thereunder;

(ii) 75 Pa.C.S. Ch. 17 (relating to financial responsibility) and the regulations promulgated thereunder; or

(iii) a contract between an insurer and any other party. (Feb. 18, 1998, P.L.170, No.26, eff. 60 days) 1998 Amendment. Act 26 amended subsec. (b).
42 Pa.C.S. § 3134 — PA Code / Title 42 / Chapter 31 / Section 3134
Community court judges.
Status: in_force

If the electors approve the establishment of a community court at the primary election in a municipal election year, the first judges of the court shall be elected at that municipal election. The nominees for election shall be determined in the same manner as is then provided for by law in the case of substitution of nominees where a nominee for a judge of the court of common pleas has died subsequent to a primary election. If the electors approve the establishment of a community court at the primary election in a general election year, the first judges of the court shall be nominated at the primary election preceding the next following municipal election and shall be elected at such municipal election.
42 Pa.C.S. § 7409 — PA Code / Title 42 / Chapter 74 / Section 7409
Confidentiality.
Status: in_force

A collaborative law communication shall be confidential to the extent provided by the laws of this Commonwealth or as specified in the collaborative law participation agreement.
42 Pa.C.S. § 6372 — PA Code / Title 42 / Chapter 63 / Section 6372
Juvenile Court Judges' Commission.
Status: in_force

(a) Establishment.--There is hereby established in the Office of General Counsel the Juvenile Court Judges' Commission.

(b) Composition.--The commission shall consist of nine judges who shall be appointed by the Governor from a list of judges, serving in the juvenile courts, selected and submitted by the Chief Justice of Pennsylvania.

(c) Tenure.--Of the first nine appointees to the commission, three shall serve for three years, three for two years and three for one year. After the initial term, the term for all members shall be three years.

(d) Officers.--The commission shall annually select one of its members as chairman and one member as secretary.

(e) Staff.--The chairman, with the approval of the majority of the commission, may appoint and fix the compensation of assistants, clerks and stenographers as he deems necessary to enable the commission to perform its powers and duties. During his term of employment, no assistant shall engage, directly or indirectly, in the practice of law in any juvenile court in this Commonwealth.

(f) Staff compensation.--The compensation of the assistants, clerks and stenographers shall be fixed within limitations fixed by the Executive Board and shall be eligible to apply for membership in the State Employees' Retirement System.

(g) Meetings.--Each year there shall be quarterly meetings of the commission and such additional meetings as the chairman shall deem necessary. Each commissioner attending the meetings shall be paid only his necessary expenses incurred in attending the meetings. Five members of the commission shall constitute a quorum at meetings. Cross References. Section 6372 is referred to in section 6371 of this title.
42 Pa.C.S. § 9753 — PA Code / Title 42 / Chapter 97 / Section 9753
Determination of guilt without further penalty.
Status: in_force

The court may impose a sentence determining guilt without further penalty.
42 Pa.C.S. § 9799.60 — PA Code / Title 42 / Chapter 97 / Section 9799.60
Verification of residence.
Status: in_force

(a) Quarterly verification by sexually violent predators.--The Pennsylvania State Police shall verify the residence and compliance with counseling as provided for in section 9799.70 (relating to counseling of sexually violent predators) of sexually violent predators every 90 days through the use of a nonforwardable verification form to the last reported residence. For the period of registration required by section 9799.55 (relating to registration), a sexually violent predator shall appear quarterly within 10 days of the dates designated by the Pennsylvania State Police each calendar year at an approved registration site to complete a verification form and to be photographed.

(a.1) Facilitation of quarterly verification.--The Pennsylvania State Police shall facilitate and administer the verification process required by subsection (a) by:

(1) sending a notice by first class United States mail to all registered sexually violent predators at their last reported residence addresses. This notice shall be sent not more than 30 days nor less than 15 days prior to each of the quarterly verification periods specified in subsection (a) and shall remind sexually violent predators of their quarterly verification requirement and provide them with a list of approved registration sites; and

(2) providing verification and compliance forms as necessary to each approved registration site not less than 10 days before each of the quarterly verification periods.

(b) Annual verification by offenders.--The Pennsylvania State Police shall verify the residence of offenders. For the period of registration required by section 9799.55, an offender shall appear within 10 days before each annual anniversary date of the offender's initial registration under section 9799.55 at an approved registration site to complete a verification form and to be photographed.

(b.1) Facilitation of annual verification.--The Pennsylvania State Police shall facilitate and administer the verification process required by subsection (b) by:

(1) sending a notice by first class United States mail to all registered offenders at their last reported residence addresses. This notice shall be sent not more than 30 days nor less than 15 days prior to each offender's annual anniversary date and shall remind the offender of the annual verification requirement and provide the offender with a list of approved registration sites; and

(2) providing verification and compliance forms as necessary to each approved registration site.

(b.2) Monthly verification by individuals with temporary habitats located within this Commonwealth.--The Pennsylvania State Police shall verify the residence of individuals required to register under this subchapter who have a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53 (relating to definitions) every 30 days through the use of a nonforwardable verification form to the last reported location where the individual receives mail. The individual shall appear every 30 days at an approved registration site to complete a verification form and to be photographed. The individual shall appear within three business days of the date designated by the Pennsylvania State Police.

(b.3) Facilitation of monthly verification.--The Pennsylvania State Police shall facilitate and administer the verification process required by subsection (b.2) by:

(1) sending a notice by first class United States mail to an individual required to register under this subchapter who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53 at the last reported location where the individual receives mail. This notice shall be sent not more than 10 days nor less than five days prior to each of the monthly verification periods and shall remind the individual of the monthly verification requirement and provide a list of approved registration sites; and

(2) providing verification and compliance forms as necessary to each approved registration site.

(c) Notification of law enforcement agencies of change of residence.--A change of residence of an offender or sexually violent predator required to register under this subchapter reported to the Pennsylvania State Police shall be immediately reported by the Pennsylvania State Police to the appropriate law enforcement agency having jurisdiction of the offender's or the sexually violent predator's new place of residence. The Pennsylvania State Police shall, if the offender or sexually violent predator changes residence to another state, notify the law enforcement agency with which the offender or sexually violent predator must register in the new state.

(d) Failure to provide verification.--Where an offender or sexually violent predator fails to provide verification of residence defined in paragraph (1) of the definition of "residence" in section 9799.53 within the 10-day period or three business days in the case of an offender or sexually violent predator who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53, as specified in this section, the Pennsylvania State Police shall immediately notify the municipal police department of the offender's or the sexually violent predator's last verified residence. The local municipal police shall locate the offender or sexually violent predator and arrest the individual for violating this section. The Pennsylvania State Police shall assume responsibility for locating and arresting the offender or sexually violent predator in jurisdictions where no municipal police jurisdiction exists. The Pennsylvania State Police shall assist a municipal police department requesting assistance with locating and arresting an offender or sexually violent predator who fails to verify the offender's or sexually violent predator's residence.

(e) Penalty.--An individual subject to registration under section 9799.55(a) or (b) who fails to verify the individual's residence or to be photographed as required by this section may be subject to prosecution under 18 Pa.C.S. § 4915.2 (relating to failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements).

(f) Effect of notice.--Neither failure on the part of the Pennsylvania State Police to send nor failure of a sexually violent predator or offender to receive notice or information under subsection (a.1), (b.1) or (b.3) shall relieve that predator or offender from the requirements of this subchapter. (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 9799.60. Cross References. Section 9799.60 is referred to in sections 9799.56, 9799.57, 9799.67 of this title; section 4915.2 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 1523 — PA Code / Title 42 / Chapter 15 / Section 1523
Parental or legal guardian attendance required at juvenile hearings.
Status: in_force

(a) Order to attend.--In summary proceedings before a magisterial district judge or judge of the minor judiciary involving any individual who is under 18 years of age and is not emancipated, the magisterial district judge or judge of the minor judiciary may, when the magisterial district judge or judge of the minor judiciary determines that it is in the best interest of the child, issue an order specifically requiring the parent or legal guardian or other person with whom the child resides, if other than the parent or guardian, to be present and ready to participate in the proceedings with the juvenile. No later than ten days before such proceedings, the magisterial district judge or judge of the minor judiciary shall send a notice of the order to the parent or legal guardian or person with whom the child resides if other than the parent or guardian. Nothing in this subsection shall be construed to vest in either the individual who is under 18 years of age and is not emancipated to require participation under this subsection or the parent, legal guardian or other person with whom such individual resides the right to participate under this subsection.

(b) Contempt.--A person failing to comply with an order of participation may be found in contempt of court as outlined in section 4137 (relating to contempt powers of magisterial district judges).

(c) Bench warrant.--The magisterial district judge or judge of the minor judiciary shall issue a bench warrant for any parent, guardian or person with whom the child resides, if other than the parent or guardian, who fails to appear at any proceedings. The magisterial district judge or judge of the minor judiciary may waive any fine or other punishment if the person is found to be present and ready to participate in the proceedings with the juvenile after a bench warrant is issued. (Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 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. § 9161 — PA Code / Title 42 / Chapter 91 / Section 9161
Arrest prior to requisition.
Status: in_force

Whenever any person within this Commonwealth shall be charged on the oath of any credible person before any judge or issuing authority of this Commonwealth with the commission of any crime in any other county of this Commonwealth, with having fled from justice or having been convicted of a crime in that county and having escaped from confinement or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or issuing authority in this Commonwealth setting forth on the affidavit of any credible person on information received by way of computer check or other means of electronic communication or upon affidavit of a credible person from the charging county that a crime has been committed in such other county and that the accused has been charged in such county with the commission of the crime and has fled from justice or with having been convicted of a crime in that county and having escaped from confinement or having broken the terms of his bail, probation or parole and is believed to be elsewhere in this Commonwealth, the judge or issuing authority shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein wherever he may be found in this Commonwealth and to bring him before the same or any other judge or issuing authority who or which may be available in, or convenient of, access to the place where the arrest may be made to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. Cross References. Section 9161 is referred to in section 9162 of this title.
42 Pa.C.S. § 913 — PA Code / Title 42 / Chapter 9 / Section 913
Seats of courts.
Status: in_force

The regular sessions of each court of common pleas shall be held at the county seat of each county comprising the judicial district and elsewhere as prescribed by general rule or rule of court.
42 Pa.C.S. § 9805 — PA Code / Title 42 / Chapter 98 / Section 9805
Boards.
Status: in_force

(a) Duty of board.--To qualify for funding under this chapter, a board must develop a county intermediate punishment program plan to be submitted to the commission.

(b) Joint judicial districts.--Where two counties comprise a joint judicial district, the counties may jointly submit a plan which shall require the concurrence of a majority of members from the boards of each county. The president judge of the judicial district shall chair the meetings of both boards for actions necessary pursuant to this chapter.

(c) Counties with no board.--If a county of the sixth, seventh or eighth class does not have a prison board, the county shall establish an intermediate punishment board for the purpose of complying with the requirements of this chapter. The intermediate punishment board shall consist of the president judge of the court of common pleas or his designee, the district attorney, the sheriff, the controller and the county commissioners.

(d) Powers and duties.--A board has the following powers and duties:

(1) To assess available countywide correctional services and future needs.

(2) To work with the county office of probation and parole in developing the county intermediate punishment plan.

(3) To adopt a county intermediate punishment plan, including program polices for administration.

(4) To make recommendations to the board of county commissioners, or chief executive officer in counties of the first class, on contracts with private providers or nonprofit agencies for the provision of intermediate punishment programs.

(5) To monitor the effectiveness of county correctional services and identify needed modifications.

(6) To make recommendations to the board of county commissioners, or chief executive officer in counties of the first class, regarding the purchase, lease or transfer of lands, buildings and equipment necessary to carry out the intermediate punishment plan.

(7) To designate the appropriate county office to maintain a case record for each individual admitted to a county intermediate punishment program within the county.

(8) To make an annual report on the program to the governing body of the county, the Pennsylvania Commission on Sentencing and the commission.

(9) To develop the county intermediate punishment plan under section 9806 (relating to county intermediate punishment plan).

(e) Advice to board.--

(1) When developing the county intermediate punishment plan, the board shall consult with county criminal justice and related human service providers as well as the public.

(2) At a minimum, the following shall be consulted for the purpose of developing the plan:

(i) Court of common pleas.

(ii) Board of county commissioners.

(iii) Intermediate Punishment Office.

(iv) Adult Probation and Parole Office.

(v) County jail.

(vi) District attorney.

(vii) Public defender or defense bar.

(viii) Single county authority.

(ix) Mental Health/Mental Retardation Office.

(x) Citizen input.

(xi) Victim input.

(3) The board may elect one of the following methods to solicit plan input from providers and the public:

(i) Expand the membership of the board for purposes of developing the county intermediate punishment plan to include those listed in paragraph (2).

(ii) Appoint an intermediate punishment advisory committee to include those listed in paragraph (2) to undertake any duties assigned by the board.

(iii) Develop an alternate process approved by the Pennsylvania Commission on Crime and Delinquency and involving those listed in paragraph (2).
42 Pa.C.S. § 4 — PA Code / Title 42 / Chapter 4 / Section 4
Immunity.
Status: in_force

This act does not affect immunity, rights, obligations or procedures under 27 Pa.C.S. § 7707 or Ch. 83.
42 Pa.C.S. § 3522 — PA Code / Title 42 / Chapter 35 / Section 3522
Preparation of tentative budget request.
Status: in_force

(a) General rule.--The Administrative Office shall collate and examine all information received pursuant to section 3521(a) (relating to development of budget information), shall consult with the governing authority and the Office of the Budget, and shall prepare and submit to the governing authority for review and approval a tentative budget request for the Judicial Department covering all funds appropriated to the unified judicial system or through the budget of the Judicial Department to a political subdivision.

(b) Revision of information.--The tentative budget request submitted by the Administrative Office may increase or decrease any amount submitted pursuant to section 3521(a). In such case the amount of such increase or decrease and the reasons therefor shall be specified in detail in a written report of the Administrative Office which shall be presented to the governing authority with the tentative budget and which shall be furnished to each affected budget respondent. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) 1980 Amendment. Act 142 amended subsec. (a). Cross References. Section 3522 is referred to in sections 1727, 3523 of this title.
42 Pa.C.S. § 3501 — PA Code / Title 42 / Chapter 35 / Section 3501
Definitions.
Status: in_force

Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Appropriated through the budget of the Judicial Department to a political subdivision." An appropriation through the budget of the Judicial Department direct from the General Fund to the treasury of a political subdivision under circumstances where the manner of the expenditure of the appropriation is within the control of officers of the political subdivision.

"Appropriated to the unified judicial system." An appropriation to the Judicial Department other than one appropriated through the budget of the Judicial Department to a political subdivision.

"Budget respondent." The courts, magisterial district judges, other agencies or units of the unified judicial system, the Director of Finance of the City of Philadelphia, the county controllers or county auditors of other counties of this Commonwealth, the Treasurer of the City of Pittsburgh, and any other government unit from which the Administrative Office is authorized to obtain information relating to the budget of the Judicial Department.

"Judicial and related functions." All functions relating to the organization and operation of courts and magisterial district judges and all offices of system and related personnel. The term does not include any function relating to the detection of crime, the apprehension of persons suspected of criminal conduct (except in connection with the enforcement of bench warrants, injunctions or other judicial orders in specific matters), the maintenance of public peace or other police functions or penal and correctional functions. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended the defs. of "budget respondent" and "judicial and related functions." See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 7305 — PA Code / Title 42 / Chapter 73 / Section 7305
Appointment of arbitrators by court.
Status: in_force

If the agreement to arbitrate prescribes a method of appointment of arbitrators, the prescribed method shall be followed. In the absence of a prescribed method or if the prescribed method fails or for any reason cannot be followed, or when an arbitrator appointed fails to act or is unable to act and his successor has not been appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of an arbitrator specifically named in the agreement. Cross References. Section 7305 is referred to in section 7314 of this title.
42 Pa.C.S. § 6328 — PA Code / Title 42 / Chapter 63 / Section 6328
Dependency in lieu of delinquency.
Status: in_force

(a) Referral to county agency.--The offenses provided under subsection (b) shall be referred to a county agency under 23 Pa.C.S. §§ 6362 (relating to responsibilities of county agency for child protective services) and 6375 (relating to county agency requirements for general protective services) if the offense:

(1) Is committed by a child as a direct result of being a sexually exploited child as defined in 18 Pa.C.S. § 3001 (relating to definitions).

(2) Is directly related to having been subject to human trafficking as defined in 18 Pa.C.S. § 3001.

(b) Eligible offenses.--Eligible offenses for referral to a county agency include the following:

(1) 18 Pa.C.S. § 3503 (relating to criminal trespass).

(2) 18 Pa.C.S. § 4914 (relating to false identification to law enforcement authorities).

(3) 18 Pa.C.S. § 5503 (relating to disorderly conduct).

(4) 18 Pa.C.S. § 5506 (relating to loitering and prowling at night time).

(5) An offense for simple possession of a controlled substance under section 13(a)(16) and (31) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(c) Delinquency proceedings.--

(1) If an offense listed in subsection (b) is referred to a county agency, delinquency proceedings under this chapter may not be commenced immediately.

(2) If treatment and social services are unsuccessful while the dependency petition is pending, as evidenced by the child's behavior, and the county agency believes that juvenile justice services are necessary and warranted, the county agency shall refer the child's case to the juvenile probation department or district attorney's office for the commencement of delinquency proceedings.

(d) Record expungement.--Upon the final discharge of supervision, juvenile court records relating to an offense listed in subsection (b) shall be expunged by the court under 18 Pa.C.S. § 9123 (relating to juvenile records). (Oct. 24, 2018, P.L.797, No.130, eff. 60 days) 2018 Amendment. Act 130 added section 6328.

Cross References. Section 6328 is referred to in section 3065 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 5965 — PA Code / Title 42 / Chapter 59 / Section 5965
Exemption from arrest and service of process.
Status: in_force

(a) Incoming witnesses.--If a person comes into this Commonwealth in obedience to a summons directing him to attend and testify in this Commonwealth he shall not while in this

Commonwealth pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this Commonwealth under the summons.

(b) Witnesses in transit.--If a person passes through this Commonwealth while going to another state in obedience to a summons to attend and testify in that state, or while returning therefrom, he shall not while so passing through this Commonwealth be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this Commonwealth under the summons.
42 Pa.C.S. § 5572 — PA Code / Title 42 / Chapter 55 / Section 5572
Time of entry of order.
Status: in_force

The date of service of an order of a government unit, which shall be the date of mailing if service is by mail, shall be deemed to be the date of entry of the order for the purposes of this subchapter. The date of entry of an order of a court or magisterial district judge may be specified by general rules. (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. § 6333 — PA Code / Title 42 / Chapter 63 / Section 6333
Subpoena.
Status: in_force

(a) General rule.--Upon application of a child, parent, guardian, custodian, probation officer, district attorney, or other party to the proceedings, the court, master, or the clerk of the court shall issue, or the court or master may on its own motion issue, subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under this chapter.

(b) Copy to parents, guardians and custodians.--

(1) A copy of the subpoena requiring attendance and testimony of a witness who is under 18 years of age shall be issued to the parent, guardian or other custodian of the witness in addition to the issuance of the subpoena for the witness.

(2) The court may waive issuance of the copy under paragraph (1) for cause shown in a specific case. (Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
42 Pa.C.S. § 3334 — PA Code / Title 42 / Chapter 33 / Section 3334
Proceedings confidential.
Status: in_force

Confidentiality shall be governed by section 18 of Article V of the Constitution of Pennsylvania. (July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)
42 Pa.C.S. § 7532 — PA Code / Title 42 / Chapter 75 / Section 7532
General scope of declaratory remedy.
Status: in_force

Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment or decree. Cross References. Section 7532 is referred to in section 7536 of this title.
42 Pa.C.S. § 9804 — PA Code / Title 42 / Chapter 98 / Section 9804
County intermediate punishment programs.
Status: in_force

(a) Description.--County intermediate punishment programs are restrictive conditions of probation imposed under section 9763(c) or (d) (relating to conditions of probation), which may be subject to guidelines adopted under section 2154.1 (relating to adoption of guidelines for restrictive conditions).

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(b) Eligibility.--

(1)

(i) Upon adoption of guidelines for imposing restrictive conditions adopted by the Pennsylvania Commission on Sentencing under section 2154.1, only eligible persons may have restrictive conditions imposed.

(ii) The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue.

(iii) The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.

(2) Only programs that meet the requirements of restrictive conditions of probation under section 9763(c) or (d) and are certified in accordance with section 2154.1(b) shall be eligible for county intermediate punishment program funding.

(3) (Deleted by amendment).

(4) (Deleted by amendment).

(5) (Deleted by amendment). (Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; July 8, 2007, P.L.82, No.27, eff. imd.; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)
42 Pa.C.S. § 4531 — PA Code / Title 42 / Chapter 45 / Section 4531
Issuance of court orders for jurors.
Status: in_force

Court orders directing the jury selection commission to select an array of jurors shall be issued in the form prescribed by general rules or rule of court. Renumbering. Section 4531 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 4531 is referred to in sections 4521, 4524 of this title.
42 Pa.C.S. § 5 — PA Code / Title 42 / Chapter 5 / Section 5
Application of law.
Status: in_force

In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. § 6. Application of law. This act applies to a civil action commenced or a cause of action asserted in a civil action on or after the effective date of this section. Explanatory Note. Act 72 added section 8320.1 and Subchapter C.1 of Chapter 83 of Title 42. 2024, OCTOBER 29, P.L.1037, NO.114
42 Pa.C.S. § 9799.36 — PA Code / Title 42 / Chapter 97 / Section 9799.36
Counseling of sexually violent predators.
Status: in_force

(a) General rule.--A sexually violent predator who is not incarcerated shall be required to attend at least monthly counseling sessions in a program approved by the board and be financially responsible for all fees assessed from the counseling sessions. The board shall monitor the compliance of the sexually violent predator. If the sexually violent predator can prove to the satisfaction of the court that the sexually violent predator cannot afford to pay for the counseling sessions, the sexually violent predator shall nonetheless attend the counseling sessions, and the parole office shall pay the requisite fees.

(b) Designation in another jurisdiction.--If an individual specified in section 9799.13 (relating to applicability) has been designated as a sexually violent predator in another jurisdiction and was required to undergo counseling, the individual shall be subject to the provisions of this section.

(c) Penalty.--A sexually violent predator who knowingly fails to attend counseling sessions as provided in this section may be subject to prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements).

(d) Notification.--A provider of counseling services under subsection (a) shall notify the district attorney of the county and the chief law enforcement officer, as defined in section 8951 (relating to definitions), of the municipality in the county and municipality where the provider is located that the provider is counseling sexually violent predators. Notifications under this subsection must be submitted in writing by January 15 of each year and shall include the address of the provider. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; July 10, 2015, P.L.122, No.20, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.) 2021 Unconstitutionality. Section 9799.36 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.36 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments. Act 10 amended subsec. (b) and Act 29 reenacted subsec. (b). Section 20(1) of Act 10 provided that the amendment of section 9799.36 shall apply to an individual who commits an offense on or after December 20, 2012.

Amendment . Act 20 added subsec. (d).

Amendment . Act 91 amended subsec. (a). 2011 Amendment. Act 111 added section 9799.36. Cross References. Section 9799.36 is referred to in sections 9718.1, 9799.15, 9799.16, 9799.21, 9799.22, 9799.23 of this title; section 4915.1 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 9720.3 — PA Code / Title 42 / Chapter 97 / Section 9720.3
Sentencing for certain paroled offenders.
Status: in_force

A person unlawfully present in the United States who is convicted in a court of this Commonwealth of an offense committed subsequent to being paroled under 61 Pa.C.S. § 6143 (relating to early parole of inmates subject to Federal removal order) may be imprisoned for a term up to twice the term of sentence otherwise authorized, fined an amount equal to twice the fine otherwise authorized or both. (July 5, 2012, P.L.1050, No.122, eff. 60 days) 2012 Amendment. Act 122 added section 9720.3. Cross References. Section 9720.3 is referred to in section 6143 of Title 61 (Prisons and Parole).
42 Pa.C.S. § 502 — PA Code / Title 42 / Chapter 5 / Section 502
General powers of Supreme Court.
Status: in_force

The Supreme Court shall have and exercise the powers vested in it by the Constitution of Pennsylvania, including the power generally to minister justice to all persons and to exercise the powers of the court, as fully and amply, to all intents and purposes, as the justices of the Court of King's Bench, Common Pleas and Exchequer, at Westminster, or any of them, could or might do on May 22, 1722. The Supreme Court shall also have and exercise the following powers:

(1) All powers necessary or appropriate in aid of its original and appellate jurisdiction which are agreeable to the usages and principles of law.

(2) The powers vested in it by statute, including the provisions of this title.
42 Pa.C.S. § 915 — PA Code / Title 42 / Chapter 9 / Section 915
Proportional reduction.
Status: in_force

Notwithstanding the provisions of section 914 (relating to reimbursement for common pleas court costs), in the event that the total county court 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 amount of reimbursement for every county so that the total of all reimbursements does not exceed the amount appropriated. (July 17, 2007, P.L.123, No.37, eff. 60 days) 2007 Amendment. Act 37 added section 915.
42 Pa.C.S. § 501 — PA Code / Title 42 / Chapter 5 / Section 501
Miscellaneous amendments to Title 42.
Status: in_force

* * *

(b) Statutory arbitration.--The provisions of 42 Pa.C.S. § 7302(d)(2) (relating to special application) shall be applicable to any nonjudicial arbitration pursuant to:

(1) An agreement made prior to the effective date of this act which expressly provides that it shall be interpreted pursuant to the law of this Commonwealth and which expressly provides for statutory arbitration.

(2) An agreement heretofore or hereafter made which expressly provides for arbitration pursuant to the former provisions of the act of April 25, 1927 (P.L.381, No.248), relating to statutory arbitration. * * * Explanatory Note. Section 501(a), among other things, added section 7302 of Title 42.
42 Pa.C.S. § 5306 — PA Code / Title 42 / Chapter 53 / Section 5306
Obligations.
Status: in_force

The tribunals of this Commonwealth shall have jurisdiction over obligations owed by persons who are subject to the jurisdiction of the tribunals of this Commonwealth whether or not the persons to whom the obligations are owed are subject to the jurisdiction of the tribunals of this Commonwealth. Cross References. Section 5306 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 62A19 — PA Code / Title 42 / Chapter 62 / Section 62A19
Inability to pay.
Status: in_force

(a) Order for installment payments.--Upon plea and proof that a person is without the financial means to pay a fine, a fee or a cost, a court may order payment of money owed in installments appropriate to the circumstances of the person and shall fix the amounts, times and manner of payment.

(b) Electronic payment.--The treasurer of each county may allow the use of credit cards and bank cards in the payment of money owed under this chapter.
42 Pa.C.S. § 2122 — PA Code / Title 42 / Chapter 21 / Section 2122
Composition of jury selection commissions.
Status: in_force

(a) General rule.--Except in the first judicial district and other home rule charter counties, the jury selection commission shall consist of two jury commissioners elected as provided in this section and the president judge of the court of common pleas of the judicial district embracing the county. The president judge may from time to time assign another judge of court to perform his duties temporarily. The president judge or his assigned replacement shall be chairman.

(b) Election of commissioners.--The jury commissioners shall be elected as provided in this subsection and, to the extent not inconsistent with this subsection, as provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code" and the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be, and the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code." Any jury commissioner shall be eligible for reelection for any number of terms. The two persons elected as jury commissioners shall not be of the same political party. The candidate for the office who receives the highest number of votes shall be one of the jury commissioners, and the other shall be that candidate not being of the same political party as the first who receives the next highest number of votes.

(c) Filling of vacancy.--In case of the inability of a jury commissioner, by sickness, death, or other unavoidable cause, to discharge the duties of his office, or in case of neglect or refusal to serve, the president judge of the court of common pleas of the judicial district shall appoint a suitable person of the same political party as the jury commissioner whose place is to be filled to perform the duties of the office during the period of inability.

(d) Philadelphia.--In the first judicial district, the jury selection board shall constitute the jury selection commission. The clerk of the board shall be the commissioner, the assistant clerk of the board shall be the deputy commissioner and the masters, not to exceed four, shall be the assistant commissioners.

(e) Quorum.--A jury selection commission may act by a majority of its members. (June 26, 1980, P.L.266, No.78, eff. imd.; Oct. 21, 1988, P.L.1045, No.118, eff. imd.) 1988 Amendment. Act 118 amended subsec. (c). References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in subsec. (b), was repealed May 8, 2024, P.L.50, No.14. The subject matter is now contained in Title 16 (Counties).
42 Pa.C.S. § 4522 — PA Code / Title 42 / Chapter 45 / Section 4522
List of qualified jurors.
Status: in_force

After receipt of the juror qualification forms as provided in section 4521(d) (relating to selection of prospective jurors), the jury selection commission shall determine whether or not those individuals returning the forms are qualified for jury service, as provided in section 4502 (relating to qualifications of jurors). The names of qualified persons compiled as set forth in this section shall constitute the list of persons who are qualified to serve as jurors and shall be open for public inspection.
42 Pa.C.S. § 8701 — PA Code / Title 42 / Chapter 87 / Section 8701
Interpreters for the deaf (Deleted by amendment).
Status: in_force

2006 Amendment. Section 8701 was deleted by amendment Nov. 29, 2006, P.L.1538, No.172, effective in 60 days.
42 Pa.C.S. § 9147 — PA Code / Title 42 / Chapter 91 / Section 9147
Nonwaiver by Commonwealth.
Status: in_force

Nothing in this subchapter contained shall be deemed to constitute a waiver by this Commonwealth of its right, power or privilege to try such demanded person for crime committed within this Commonwealth or of its right, power or privilege to regain custody of such person by extradition proceedings, or otherwise, for the purpose of trial, sentence or punishment for any crime committed within this Commonwealth, nor shall any proceedings had under this subchapter which result in or fail to result in extradition be deemed a waiver by this Commonwealth of any of its rights, privileges or jurisdiction in any way whatsoever.
42 Pa.C.S. § 9125 — PA Code / Title 42 / Chapter 91 / Section 9125
Governor may investigate case.
Status: in_force

When a demand shall be made upon the Governor of this Commonwealth by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this Commonwealth to investigate or assist in investigating the demand and to report to him the situation and circumstances of the person so demanded and whether he ought to be surrendered.
42 Pa.C.S. § 9105 — PA Code / Title 42 / Chapter 91 / Section 9105
Escape.
Status: in_force

Escape from custody while in another state pursuant to the Agreement on Detainers, shall constitute an offense against the laws of this Commonwealth to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provisions of the Agreement on Detainers, and shall be punishable in the same manner as an escape from such institution.
42 Pa.C.S. § 9799.3 — PA Code / Title 42 / Chapter 97 / Section 9799.3
Board (Expired).
Status: reserved

2012 Expiration. Section 9799.3 expired December 20, 2012. See Act 111 of 2011.
42 Pa.C.S. § 9799.33 — PA Code / Title 42 / Chapter 97 / Section 9799.33
Duties of Department of Corrections and probation and parole officials.
Status: in_force

(a) Duties.--The Department of Corrections, the county office of probation and parole and the chief juvenile probation officer of the court shall:

(1) Perform their respective duties set forth for the Department of Corrections, the county office of probation and parole and the chief juvenile probation officer of the court in accordance with section 9799.19 (relating to initial registration).

(2) On a form prescribed by the Pennsylvania State Police, notify the Pennsylvania State Police each time a sexual offender is arrested, recommitted to a State or county correctional institution for a parole violation or incarcerated.

(b) Notification form.--The Department of Corrections shall create a notification form which will inform county prison and probation and parole personnel how to inform sexual offenders of their duties under this subchapter. In addition, the Department of Corrections shall apply for Federal funding as provided in the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 120 Stat. 587) to support and enhance programming using global satellite positioning system technology. (Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Unconstitutionality. Section 9799.33 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).

2019 Unconstitutionality. Section 9799.33 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
42 Pa.C.S. § 1321 — PA Code / Title 42 / Chapter 13 / Section 1321
Traffic Court of Philadelphia (Expired).
Status: reserved

2018 Expiration. Section 1321 expired January 1, 2018. See Act 17 of 2013.
42 Pa.C.S. § 3112 — PA Code / Title 42 / Chapter 31 / Section 3112
Course of instruction and examination required.
Status: in_force

Magisterial district judges, bail commissioners and judges who are not members of the bar of this Commonwealth shall complete a course of training and instruction in the duties of their respective offices and pass an examination prior to assuming office. (Apr. 28, 1978, P.L.202, No.53, 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) 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. § 408 — PA Code / Title 42 / Chapter 4 / Section 408
Restoration of service credit or retirement benefits.
Status: in_force

Nothing in this act shall be deemed to permit the restoration of service credit or retirement benefits that:

(1) were or are subject to section 16 of Article V of the Constitution of Pennsylvania or 42 Pa.C.S. § 3352; or

(2) were or are the subject of an order of forfeiture under the act of July 8, 1978 (P.L.752, No.140), known as the Public Employee Pension Forfeiture Act. Explanatory Note. Act 5 amended or added sections 8102, 8103, 8103.2, 8301, 8302, 8303, 8304, 8305, 8305.3, 8305.4, 8305.5, 8306, 8307, 8308, 8310, 8321, 8322.1, 8323, 8324, 8325.1, 8326, 8327, 8328, 8330, 8341, 8342, 8344, 8345, 8346, 8347 and 8349, Chapter 84, and sections 8501, 8502, 8502.2, 8503, 8505, 8506, 8507, 8521, 8522, 8524, 8525, 8531, 8533, 8533.1, 8533.2, 8533.3, 8533.4, 8533.5, 8534, 8535, 8535.1, 8537, 8538 and 8702 of Title 24, section 7306 of Title 51 and sections 5102, 5103, 5104, 5301, 5302, 5303, 5303.2, 5304, 5305, 5305.1, 5306, 5306.1, 5306.2, 5306.3, 5306.4, 5306.5, 5307, 5308, 5308.1, 5309, 5310, 5311, 5501.1, 5502, 5503.1, 5504, 5505, 5506.1, 5507, 5508, 5509, 5701, 5701.1, 5702, 5704, 5705, 5705.1, 5706, 5707 and 5709, Chapter 58 and sections 5901, 5902, 5903, 5904, 5905, 5905.1, 5906, 5907, 5931, 5932, 5933, 5934, 5935, 5936, 5937, 5938, 5939, 5951, 5953, 5953.1, 5953.2, 5953.3, 5953.4, 5953.6, 5954, 5955, 5955.2, 5957 and 5958 of Title 71. 2017, JUNE 29, P.L.247, NO.13
42 Pa.C.S. § 9162 — PA Code / Title 42 / Chapter 91 / Section 9162
Arrest without a warrant.
Status: in_force

The arrest of a person may be lawfully made by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of another county of this Commonwealth with a crime punishable by death or imprisonment for a term exceeding one year, but, when so arrested, the accused must be taken before a judge or issuing authority with all practicable speed, and complaint must be made against him under oath setting forth the ground for the arrest as in section 9161 (relating to arrest prior to requisition), and, thereafter, his answer shall be heard as if he had been arrested on a warrant.
42 Pa.C.S. § 8381 — PA Code / Title 42 / Chapter 83 / Section 8381
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Drug Nuisance Law.
42 Pa.C.S. § 5523 — PA Code / Title 42 / Chapter 55 / Section 5523
One year limitation.
Status: in_force

The following actions and proceedings must be commenced within one year:

(1) An action for libel, slander or invasion of privacy.

(2) An action upon a bond given as security by a party in any matter, except a bond given by a condemnor in an eminent domain proceeding.

(3) An action upon any payment or performance bond. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Amendment. Section 403 of Act 326 provided that the amendments to Chapter 55 effected by Act 326 shall apply only to causes of action which accrue after the effective date of Act 326.
42 Pa.C.S. § 7376 — PA Code / Title 42 / Chapter 73 / Section 7376
Notice of arbitration.
Status: in_force

A party must initiate arbitration by giving notice to arbitrate to the other party:

(1) in the manner specified in the arbitration agreement; or

(2) in the absence of a specified manner, under section 7321.3 (relating to notice). Cross References. Section 7376 is referred to in section 7389 of this title.
42 Pa.C.S. § 6607 — PA Code / Title 42 / Chapter 66 / Section 6607
Time limits on settlements.
Status: in_force

In prison conditions litigation, a government party, including an elected official who was not in office at the time of the execution of the consent decree, may petition the court to modify or vacate the terms of the consent decree previously entered into. The court shall have the power and authority to void or modify the consent decree at any time upon a showing that, whether in whole or in part, it violates the provisions of this act or for other cause.
42 Pa.C.S. § 3133 — PA Code / Title 42 / Chapter 31 / Section 3133
Commonwealth Court judges.
Status: in_force

Whenever two or more judges of the Commonwealth Court are to be elected pursuant to section 3131(c) (relating to selection of judicial officers for regular terms) at the same election, each qualified elector shall vote for no more than:

(1) one-half of the number of judges to be elected, if the total number to be elected is even; or

(2) the smallest number constituting a majority of the total number of judges to be elected, if the total number to be elected is odd. The persons having the highest number of votes, up to the total number of judges to be elected, shall be elected.

Cross References. Section 3133 is referred to in section 3131 of this title.
42 Pa.C.S. § 5926 — PA Code / Title 42 / Chapter 59 / Section 5926
Testimony by spouse after attack on character or conduct.
Status: in_force

In all civil actions brought by either the husband or wife, either the husband or the wife shall be a competent witness in rebuttal, when his or her character or conduct is attacked upon the trial thereof, but only in regard to the matter of his or her character or conduct.
42 Pa.C.S. § 9792 — PA Code / Title 42 / Chapter 97 / Section 9792
Definitions (Expired).
Status: reserved

2012 Expiration. Section 9792 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. § 9561 — PA Code / Title 42 / Chapter 95 / Section 9561
Report by district attorney.
Status: in_force

(a) Reports by district attorneys of felony convictions against health care professionals.--Whenever a health care professional has been found guilty, has pleaded guilty or has entered a plea of nolo contendere to a felony in this Commonwealth, the district attorney of the county in which the

case was prosecuted shall notify the appropriate State board within 30 days of the court's entry of a finding of guilt, acceptance of a guilty plea or acceptance of a plea of nolo contendere.

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

"Health care professional." A person licensed, certified or registered by any of the State boards as defined in this section.

"State board." Includes the following departmental administrative boards within the Department of State: the State Board of Medicine, the State Board of Osteopathic Medicine, the State Board of Dentistry, the State Board of Podiatry, the State Board of Pharmacy, the State Board of Nursing, the State Board of Physical Therapy, the State Board of Occupational Therapy Education and Licensure, the State Board of Optometry, the State Board of Examiners of Nursing Home Administrators, the State Board of Chiropractic, the State Board of Psychology, the State Board of Massage Therapy, the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, the State Board of Examiners in Speech-Language and Hearing and any other health-related administrative board which issues professional or occupational licenses within the Department of State. (Dec. 18, 2013, P.L.1181, No.109, eff. 60 days) 2013 Amendment. Act 109 amended subsec. (b).
42 Pa.C.S. § 2751 — PA Code / Title 42 / Chapter 27 / Section 2751
Clerk of the courts.
Status: in_force

(a) General rule.--In each county of this Commonwealth there shall be a clerk of the courts for the court of common pleas who shall be known as the "Clerk of the Courts of (the respective) County."

(b) Multicounty judicial districts.--In multicounty judicial districts the clerk of the courts shall be the clerk of the courts of the branch of the court of common pleas established for the county.

(c) Philadelphia.--In the first judicial district there shall be a clerk of the courts for the Court of Common Pleas of Philadelphia County and the Philadelphia Municipal Court, who shall be known as the "Clerk of Quarter Sessions of Philadelphia."
42 Pa.C.S. § 4908 — PA Code / Title 42 / Chapter 49 / Section 4908
Performance audit of account.
Status: in_force

(a) Duty of Legislative Budget and Finance Committee.--The Legislative Budget and Finance Committee shall, no later than June 15, 2026, conduct and submit to the General Assembly a performance audit of the account with the purpose of examining the provisioning of civil legal aid services in this Commonwealth. The audit shall, at minimum, contain information relating to:

(1) The current scope of civil legal aid services provided in this Commonwealth from money collected under this chapter and other funding sources.

(2) The organizations which receive money collected under this chapter and the services the organizations provide.

(3) The assessment and collection of any fee or surcharge required to be deposited into the account, including:

(i) identifying the number of cases in which the fee or surcharge was required by law to be assessed but was not assessed; and

(ii) the rate of collection for fees and surcharges that have been assessed.

(4) The potential increase in deposits into the account that would result from the repeal of section 3733.1(b) (relating to surcharge).

(5) An identification of alternative funding sources for civil legal aid services.

(b) Consultation.--The Legislative Budget and Finance Committee shall complete the performance audit under subsection

(a) in consultation with the Court Administrator of the Supreme Court, the Pennsylvania Interest on Lawyers' Trust Accounts Board and any eligible legal services provider receiving money under this chapter. (Feb. 4, 2026, P.L.1, No.1, eff. imd.) 2026 Amendment. Act 1 added section 4908.
42 Pa.C.S. § 9718.5 — PA Code / Title 42 / Chapter 97 / Section 9718.5
Mandatory period of probation for certain sexual offenders.
Status: in_force

(a) Mandatory probation supervision after release from confinement.--A person who is convicted in a court of this Commonwealth of an offense under section 9799.14(d) (relating to sexual offenses and tier system) shall be sentenced to a mandatory period of probation of three years consecutive to and in addition to any other lawful sentence issued by the court.

(b) Imposition.--The court may impose the term of probation required under subsection (a) in addition to the maximum sentence permitted for the offense for which the defendant was convicted.

(c) Authority of court in sentencing.--There shall be no authority in a court to impose on an offender to which this section is applicable a lesser period of probation than provided for under subsection (a). Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory period of probation provided under this section.

(d) Direct supervision.--Nothing under this section shall limit the court's authority to direct supervision by the Department of Corrections by special order as provided under 61 Pa.C.S. § 6172(a) (relating to probation services). (Feb. 21, 2018, P.L.27, No.10, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (d). 2018 Amendment. Act 10 added section 9718.5.

Cross References. Section 9718.5 is referred to in section 6137.2 of Title 61 (Prisons and Parole).